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Agenda 02-01-11T NTP� A CRA East Side—West Side—Seaside Renaissance CRA Board Meeting Tuesday, February 1, 2011 at 6:00 PM City Commission Chambers (Prior to City Commission Meeting) 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 I. Call to Order — Chairman Jose Rodriguez 11. Roll Call 111. Kaufman Lynn, Inc. Construction Manager at Risk Presentation IV. Continuation of Construction Manager at Risk -Tabled Agenda Item from 1/11/2011 Board Meeting V. Promenade Direct Incentive Agreement Status Report VI. Public Comments VII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.s. 286.0105) 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 CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ov O O O {�I� 1p O O O N IOA 'bj' p W�OiW�W O w'O O W N NiN C= 1c)CD IN cm N �• Sbb O 1,oibb bbb boob bi6'bi:bbblbob bb166161b!bba `N ,,,,1 r; N •-- O O10 I •.• O N O •• •�• O w N 0 0 IO C 01010,0 Oo�J `O�iU O A O!O O W,NI-- O O Ln U!lA �O 00 UI(r,U'ln UTA O O G7cn� 'r1 `jY 1 I iw:N fT, jg rotas 1A'.) 7 'z7, `Gin C/1 V) I . Gas i� B �a m �_ 3. :/� y C7 ^3 a ro m. .n 3 m icco =r O s "° ; Nn 1c < , m ,O i" !� °�' v' ,. oo .� ...' ij 2 ar hOm i�% =• to 00 y m ^_`. w '� ;O `G w 1 7m� n O m 7 �• O ' C C:. m (A [� ... 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A 519 59 i's W i 69 6'9 59 H9 --- 00 O� iN O W N O O J 'N J100;OI N�VIJ;W O� JW w W,A - W us �`� A g n n;7yi7oln n n n� l n nln rf A •IS P O OW 7 7 O Im +m i D• 10 1�.� .n A n 7 O O ON OD A A A i I a i N si •� Vii .o r o O i � JN&JOEYATENCRA East Side—West Side—Seaside Renaissance CRA Board Meeting Tuesday, February 1, 2011 at 6:00 PM City Commission Chambers (Prior to City Commission Meeting) 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 L Call to Order — Chairman Jose Rodriguez II. Roll Call III. Kaufman Lynn, Inc. Construction Manager at Risk Presentation IV. Continuation of Construction Manager at Risk -Tabled Agenda Item from 1/11/2011 Board Meeting V. Promenade Direct Incentive Agreement Status Report VI. Public Comments VII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE: CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) 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 ACI IVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CRA AT (561) 737-3256 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE MEETING PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. III. Kaufman Lynn, Inc. Construction Manager at Risk Presentation yNT ajqAPrcm East Side—West Side—Seaside Renaissance CRA BOARD MEETING OF: February 1, 2011 Consent Agenda I X I Old Business I I New Business I I Legal Executive Director's Report SUBJECT: Kaufinan Lynn, Inc. Construction Manager at Risk Presentation SUMMARY: In January 2007 the CRA Board issued a Request for Statements of Qualifications for General Contracting or Construction Management. Eleven responses were received and the Board selected three contracting firms, Burkhardt Construction, Hedrick Brothers Construction and Kaufinan Lynn, Inc. To date, the Agency has utilized these contractors for assistance on creating budgets and pricing of potential projects. In July 2007, Hedrick Brothers Construction was utilized as the contractor to complete Board approved repair work under the guidelines of the Residential Improvement Grant Program for seven eligible households. In June 2010, Kaufman Lynn was requested to provide the Agency with proposals for pre -construction services relating to the Jones Cottage, Magnuson House and Marina Entry projects for the following scope of work: 1. Review of architectural drawings, recommendations relating to constructability and provide cost savings methods. 2. Provide construction schedules. 3. Provide detailed estimate of construction costs and recommendations in the form of cost savings to keep in budget. 4. Provide at 100% construction documents a guaranteed maximum price. Kaufman Lynn performed the above tasks. Kaufman Lynn has stated they will execute a task order under their continuing contract for a Guaranteed Maximum Price of $953,388 to construct the three projects as described in the 100% construction drawings. Attached is a Continuing Contract Task Order for the Boards review and approval if the Board elects to use Kaufman Lynn Construction for the construction of the three Ocean Avenue projects. Attachments: 1. Request for Qualifications for General Contracting or Construction Management 2. Minutes from April 10, 2007 approving the selection of Kaufman Lynn for Continuing Contract 3. General Contracting/Construction Management/Consulting Agreement between the CRA and Kaufinan Lynn 4. Proposal to perform pre -construction services for Ocean Avenue projects. 5. Final project cost sheets FISCAL IMPACT: Total Project Cost: $953,388 10/11 Budget: $770,000 Difference: $183,388 Potential source of Difference: Unpaid/Budgeted TIF to Promenade: $159,000 Remaining in ED Salary line item: $ 50,000 Rollover from 09/10 budget year: $200,000 TOTAL SOURCES: $409,000 T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\2-1-2011 Special Meeting\Kaufman Lynn.doc t JqYNI AF East Side—West Side—Seaside Renaissance CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan. CRA Redevelopment Plan RECOMMENDATIONS/OPTIONS: Provide direction to staff. Vivian L. Brooks Interim Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\2-1-2011 Special Meeting\Kaufman Lynn.doc BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY REQUEST FOR STATEMENTS OF QUALIFICATION For General Contracting or Construction Management to be provided on an on-going and/or rotating basis Background: The Boynton Beach Community Redevelopment Agency (CRA) is seeking statements of qualifications for qualified general contractors or construction managers for preconstruetion and construction services to be provided on an on-going and/or rotating basis. Services desired include, but shall not be limited to, preconstruction cost estimating, constructability analysis, and value engineering as well as construction and/or construction management. The CRA guides redevelopment activities that will create a vibrant downtown core and revitalized neighborhoods within the +/- 1,650 acre district in eastern Boynton Beach. Since adoption of the Boynton Beach 20/20 Redevelopment Master Plan in 1998 and component strategic plans in subsequent years, the redevelopment area had grown physically and tax increment revenues have also grown tremendously. This physical and fiscal growth has enabled the CRA to undertake and complete projects such as the Boynton Beach Boulevard Extension and Promenade. These projects feature the extension of Boynton Beach Boulevard, a pedestrian and vehicular gateway linking the Promenade to the Marina area and the Promenade pedestrian element leading pedestrians past "Pete's Pond" Park eastward along the marina boat slips to the Intracoastal Waterway. This area provides the community an events area with permanent public accommodations such as restrooms, water fountains, temporary stage areas, trash receptacles, shade and seating areas. The area has several sites for public art to add attractions along the walk with shade created from imitation "sails" of fabric providing comfort and visually tying the Promenade look to the adjacent marina. Other projects include the CRA's recent purchase of the 1927 High School in the Town Square area and the Two Georges Marina along the waterfront. In partnership with the recently selected Five Towns College from Dix Hills, New York, the CRA will help to transform the Town Square area into a vibrant center of civic, cultural and recreational uses as a western anchor to the downtown core, which now includes the City's WiFi system. At the eastern end of that core area, the Two Georges Marina area includes a 24 - slip marina and office, and will ensure residents public access to waterways for generations to come. The CRA is also committed to affordable housing. The CRA has recently launched a down payment assistance program to put homeownership within reach for local residents. Up to $50,000 in interest free down payment assistance is available to qualified individuals and families trying to buy a home within the redevelopment area. This program is funded using State Housing Initiatives Partnership funds and is administered through the Boynton Beach Faith Based Community Development Corporation. Future City/CRA projects include public improvements to Wilson, Intracoastal and Jaycees Parks, as well as the Town Square area. These projects may include public buildings, landscape and hardscape improvements intended to enhance the public's use of these areas. In addition, the CRA has recently approved a master developer to negotiate for the Heart of Boynton project which will include construction a mix of commercial and residential uses with complementary public improvements needed to support the private development. In order to accomplish the numerous public improvement projects that are being considered it is the CRA's intent to select a maximum of three qualified general contractors or construction managers (GC/CM). The CRA intends that contractors or construction managers selected will provide on-going services on a rotating basis or other basis as determined at the sole discretion of the CRA. It is anticipated that construction projects on which the selected GC/CM may be asked to provide preconstruction and construction services would include, but may not be limited to: • Upgrades, reconstruction or new construction of underground and/or overhead utilities, including undergrounding of existing overhead utilities; • Upgrades, reconstruction or new construction of roadway and storm drainage improvements; • Streetscapes including but not limited to enhancements to pedestrian improvements such as decorative paving, pedestrian lighting, landscaping, street furnishings, and street graphics; • Renovations, reconstruction or new construction of public parks and related park improvements including but not limited to landscape, hardscape and public buildings such as restrooms, pavilions, etc.; • Renovation, restoration and/or remodeling of existing buildings of an historic character; • Renovations, reconstruction or new construction of residential structures for affordable housing purposes; and, • Other projects at the sole and absolute discretion of the CRA. Preconstruction and construction services that may be needed include, but may not be limited to: • Cost estimatiniz. Throughout the design process for conceptual plans, preliminary designs and construction documents as may be prepared by CRA design consultants, the GC/CM would provide construction cost estimates for budgetary purposes as well as for construction. • Constructability analysis. Throughout the design process for conceptual plans, preliminary designs and construction documents as may be prepared by CRA design consultants, the GC/CM would provide analysis of the various aspects of the designs to ensure that the projects are constructable in accordance with the CRA's development program, and/or identify construction issues and make recommendations for adjustment. • Value engineering. Throughout the design process the GC/CM would provide detailed evaluation of the proposed preliminary designs and construction documents and make recommendations on appropriate changes that would assist in controlling project costs. • Construction and/or construction management. GC/CM will be responsible for construction of improvements including but not necessarily limited to the types of projects described above with the specific scope of work, method of contracting and compensation to the GC/CM to be determined at that time_ The CRA will consider statements of qualifications from firms offering services on a single category of services as well as combinations of any or all services noted above. Statements of Qualification Interested firms shall provide the following information in the following format: Section I — Cover letter — Section I shall include a cover letter which will provide a brief summary of the firm, what category(ies) of services the fine is desirous of being considered for, and who the principal point of contact will be for the services. It is the desire of the CRA to have one (1) point of contact for any and all services. Section II — Finns qualifications — Section II shall provide a detailed description of the firm in relationship to the services being offered. This section shall include: • A detailed description of experience and qualifications for the services being offered including but not necessarily limited to: o Years providing the services being proposed. o References for similar services being proposed. o List of projects. • Organizational chart listing the principal point of contact, key professional staff, and other key support staff who are anticipated to work on CRA projects, and illustrating how the company is organized to provide the services being offered. • Any licenses, certifications or other related professional credentials held by the company, including a certificate of good standing from the Secretary of State, Division of Corporations. • Information on professional liability, workers compensation and other appropriate insurances carried by the company. • Bonding capacity. • List and description of any outstanding claims against the company. • List and description of any projects from which the company has been relieved of duty. • Other appropriate information as determined by the company. Section III — Key personnel qualifications — Section III shall provide a detailed description of the individuals and their qualifications in relationship to the services being offered. This section shall include: • A list of each person anticipated to provide service for the CRA under this solicitation and their relevant experience including: o Education. o Years of experience. o References for similar services being proposed. o List of projects. o Any licenses, certifications or other related professional credentials held by the individual. o Other appropriate information as determined by the company. Companies which offer their services for any category of service noted above acknowledge that the personnel described in their statements of qualification are an important component to selection. Further, it is the obligation of any firm selected to immediately notify the CRA if one or more of the key personnel become unavailable to work on CRA projects on either a permanent or temporary basis. Removal, replacement and/or substitution of any key personnel may cause the company to be disqualified from providing service to the CRA at the CRA's sole and absolute discretion. Section IV — General Business Terms — Section IV shall provide the general business terms under which the company typically provides services. Those general business terms shall include: • Typical method of contracting — the company shall provide information on their typical method of contracting for preconstruction and construction services, and if the company utilizes standard American Institute of Architects (AIA) contracts. For preconstruction services, companies offering their qualifications for consideration agree to provide services, as appropriate, under the following fee structures: o Lump sum fee. When a scope of services can be clearly outlined and the level of effort for those services can be determined, the CRA shall require the consultant to perform said services for a lump sum fee based on an anticipated level of services applied to the hourly rates required herein. o Hourly/Not-to-Exceed. When a scope of services cannot be clearly defined in terms of level of effort or the level of effort of a defined scope of services cannot be precisely defined, the CRA will consent to an hourly billing on a not -to -exceed dollar amount basis. The CRA will require that when billings reach 75% of the not -to -exceed amount, the consultant must 4 notify the CRA in writing and provide an estimate of the level of effort to complete the work assigned. At the CRA's sole and absolute discretion the services may be allowed to continue or the CRA may elect to terminate the services and the firm if sufficient progress has not been made on the project. Construction services companies offering their qualifications must acknowledge that it is the CRA's preference to utilize methods of contracting including the Cost Plus, the CM at Risk with a GMP or negotiated contract. Contract form — the company shall provide their standard form written contract which is used with other similar construction services. The CRA shall consider the standard form and at the CRA's sole and absolute discretion may reject or revise certain provisions if they are determined to be unacceptable, or may propose its own contract. Term and Termination — the CRA intends to enter into agreements with selected firms for up to one (1) year with the option for up to four (4) armual renewals subject to the mutual agreement of both parties. Services may be terminated by either party with 30 -days written notice to the other. Selection Process: All statements of qualification are encouraged to be brief and to the point. The CRA plans to review the responses and may conduct interviews prior to establishing a short list of firms for selection. Statements of qualification will be reviewed, rated and ranked based on the following: • Firms qualifications • Qualification of key personnel • Acceptability of fee structure for preconstruction services • Acceptability of contracting method for construction services The CRA reserves the right to consider- any and all information provided by the company in its statement of qualifications and to accept or reject any or all statements at the CRA's sole and absolute discretion. Interested parties are required to submit one (1) unbound original and 15 copies of their statements of qualification on or before February 28, 2007, 3:00 pm to: Lisa Bright, Executive Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Timeline: January 28, 2007 Publication of Notice February 9, 2007 Voluntary Pre -proposal meeting for interested parties at 9:00 February 28, 2007 Proposal packages due to CRA office by 3:00 pm March 13, 2007 Selection of short list of proposers by CRA Board of Directions Facsimile transmissions and electronic submissions will not be accepted. Any responses received by the CRA after 3:00 pm on February 28, 2007 will be rejected and returned, unopened, to the proposer. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept by the CRA's receptionist or delegated representative for the receipt of submittals. The CRA staff will review the statements of qualification and intends to short list two or three firms, but may select more or less at staff's sole and absolute discretion. Upon short -listing, staff may request that its board of directors approve preconstruction services agreements to be executed with each firm selected outlining the general services to be provided, the rates of pay and method of providing services. This preconstruction services agreement will not serve as a notice to proceed but will provide the basis for future notices to proceed on specific projects. Specific projects will be contracted for only after finds are appropriated (as needed) and a written notice to proceed is issued. Contacts: All correspondence and requests for information regarding the request for proposals, should be directed to: Vivian L. Brooks CRA Planning Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 E-mail brooksvi@ci.boynton-beach.fl.us Telephone: (561) 737-3256 Protests: Any and all decisions by the CRA Board to modify the schedule described herein, requests for additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the CRA's sole discretion and no protests whatsoever shall be considered by the CRA Board. Submittal of a reply to this RFP on the part of any and all proposers constitutes acceptance of this policy. Public Records Florida law provides that records of a public agency shall at all times be open for personal inspection by any person. Section 119.01, F.S., The Public Records Law. Information and materials received by the CRA, in connection with a submittal shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F. S. If the Proposer believes any of the information contained in its Submittal of Proposals is exempt from the Public Records Law, then the Proposer must in its response specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption and the CRA will evaluate the material to determine whether it is exempt from the Public Records Law. Otherwise, the CRA will treat all materials received as public records.' Public Entity Crimes "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Drug Free Workplace Certification All Proposers must complete and sign the attached "Drug Free Workplace Certification by Vendor", and submit it with their Proposals. Failure to do so may result in rejection of the proposal. CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify the firm of responding to this RFP maintains a drug-free workplace program, and that the following conditions are met: (1) We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Name & Title (typed) Date N Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ms. Horenburger clarified and emphasized the intent of her motion was to proceed with the acquisition in the corridor as it was the CRA's responsibility. Vote A vote was taken on the motion and unanimously passed. IX. Old Business A. Approval of a Transit Study Contract between CRA and PBS&J. (Chair Tillman passed the gavel to Vice Chair Norem and left the dais at 7.•28 p.m.) Vivian Brooks, Planning Director, explained the County requires a transit study and this item related to a Transportation Concurrency Exception Area (TCEA) overlay area in the downtown. The contract would allow the study to be conducted and completed within six months. The report would then be forwarded to the County so they would be compliant with the TCEA standards. Motion Ms. Heavilin moved to approve. Ms. Horenburger seconded the motion. The County's letter was unclear on whether the CRA would need to go back and revisit the transit plan, contingent on the amount of development that occurs. Currently, there was not enough development to create an impact, but the County still wanted the study. An hourly rate was attached to the contract in case the issue needed to be revisited. Vote There was a vote on the motion that passed 6-0 (Chair Tillman not present for the vote). B. Approval of Recommended General Contracting Firms to Negotiate a Continuing Contract. Ms. Brooks announced they received 11 responses to their solicitations. There was work that could be done on the marina and it was time consuming to go out to bid each time. The CRA needed contractors to oversee different specialties and was seeking to enter into a one-year contract with three firms to be used on a rotating basis with the ability of renegotiating an additional four years. They learned, with Burkhardt Construction, that doing so was an expensive process. The CRA was considering several projects for the area, which predicated the need for the other contractors. Chair Tillman retumed to the dais at 7.•30 p.m. 7 Meeting Minutes Community Redevelopment Agency Boynton Beach, Florida April 10, 2007 Ms. Brooks reviewed Hedrick Brothers Construction had historic experience and were Leadership in Energy and Environmental Design (LEEDS) Certified, and Kaufman and Lynn, Inc. had municipal experience. Motion Vice Chair Norem moved to approve. Ms. Heavilin seconded the motion. Rev. Chaney asked if smaller, minority contractors were considered. Ms. Brooks responded one minority contractor applied and the information was included in the RFP as part of the criteria to use local labor. Mr. Sims agreed with Rev. Chaney and thought minority contractors should be used when possible. Ms. Bright explained the renewal would be automatic provided there were no performance issues. Chair Tillman did not want the renewals to be automatic. He thought without minority participation there would be bad feelings. Dale Hedrick, Hedrick Brothers Construction, addressed the board and indicated he had minorities on board and throughout his company. He had worked for the school board, which required minority participation and had Milton Grey, who uses several minority subs. He reported they met all of the minority requirements. Ms. Lisa King, of Kaufman Lynn, Inc. highlighted her firms minority participation. They made it a point to use local subcontractors and met all of the minority requirements. Vote Motion unanimously passed. C. Presentations and Selection by Top Three Proposers for the Downtown Master Plan Visioning & Implementation Ms. Brooks reported she had received 19 proposals. A committee comprised of Mathew Barnes, Planner for Charlie Siemen in Boca Raton; Quintus Greene, Development Director; Mike Rumpf, Planning Director; Melissa Hudson of Lennar Homes and herself reviewed the proposals. Three firms were short-listed for consideration. They were EDAW Inc, Peter Smith & Company and Torti Gallas. Ellen Heath, Principal with EDAW made the first presentation. She explained the firm was an international firm with extensive experience and colleagues based in Florida. Ms. Heath introduced her team and reviewed her presentation, which is on file in the City Clerk's Office. Ms. Heath indicated they were looking to build on the vision for the downtown area. She noted market reality was an important part of the project, as was appropriate density. Ms. Heath explained the firm would work in a partnership arrangement with the CRA and communication was the key. She emphasized the firm used many different techniques E? 3 GENERAL CONTRACTING/CONSTRUCTION MAN AGEMENTICONSULTING AGREEMENT TH, IS AN AGREEMENT ("Agreement"), entered into thisday of between the Boynton Beach Community RedevelopmegL gency, heremafte referred to as "CRA", and Kaufman Lynn, Inc. authorized to do business in the State of Florida, hereinafter referred to as the "CONSULTANT." WHEREAS, the CRA issued a Request for Statements of Qualifications on January 28, 2007; and WHEREAS, CONSULTANT timely submitted its response to the Request for Statements of Qualifications; and WHEREAS, the CRA has investigated the qualifications of the CONSULTANT to perform the WORK herein contemplated and found them satisfactory; and WHEREAS, the CRA Board selected CONSULTANT, along with two other general contracting/construction management consultants, at its regularly scheduled meeting on March 13, 2007; and WHEREAS, the CRA agrees to retain the CONSULTANT for general contracting/construction management services on various CRA projects on an ongoing and/or rotating basis for the time period described herein; and WHEREAS, as a result of the aforementioned, the CRA agrees to enter into this Agreement with the CONSULTANT; and NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the CRA agrees to employ the CONSULTANT and the CONSULTANT agrees to perform all general contracting and/or construction management services in connection with various CRA projects as needed, for the total duration of this Agreement, and any and all extensions, upon the following terms and conditions; namely: 1. SCOPE OF SERVICES. A. The following services may be requested by CRA on a continuing or rotating basis: 1. Cost estimating. 2. Construction analysis. 3. Value engineering. 4. Construction and/or construction management. B. CONSULTANT may be called upon for general contracting or construction management services for the following types of CRA projects: 1. Upgrades, reconstruction or new construction of undergrounds and/or overhead utilities, including under -grounding of existing overhead utilities. 2. Upgrades, reconstruction or new construction of roadway and storm drainage improvements. 3. Streetscapes including but not limited to enhancements to pedestrian improvements such as decorative paving, pedestrian lighting, landscaping, street furnishings, and street graphics. 4. Renovations, reconstruction or new construction of public parks and related park improvements including but not limited to landscape, hardscape and public buildings such as restrooms, pavilions, etc. 5. Renovation, restoration and/or remodeling of existing buildings of an historic character. 6. Renovations, reconstruction or new construction of residential structures for affordable housing purposes. 7. Other projects at the sole and absolute discretion of the CRA. 2. GENERAL PROVISIONS. A. For each CRA project upon which CONSULTANT'S services are requested, CONSULTANT and CRA will negotiate a separate agreement to include a Scope of Work and/or Notice to Proceed. B. The CRA reserves, at all times, the right to perform any and all general contracting and/or construction management services or work with other general contractors and/or construction managers. This Agreement does not confer on the CONSULTANT any exclusive rights to CRA work, nor does it obligate the CRA in any manner to guarantee work for the CONSULTANT. The CONSULTANT may submit proposals for any professional services for which proposals may be publicly solicited by the CRA outside of this Agreement. C. The parties agree that any future agreement for each specific CRA project will incorporate a fee structure, as outlined in the applicable Request for Statements of Qualifications, based upon a Lump Sum Fee or an Hourly/Not to Exceed Fee. D. The CRA agrees that it will furnish to the CONSULTANT plans and other relevant available data in the CRA files pertaining to the work to be performed as soon as possible after issuance of each Notice to Proceed. E. The CONSULTANT will submit a proposal upon the CRA's request prior to the issuance of a Scope of Work and/or Notice to Proceed. No payment will be made for the CONSULTANT's time and services in connection with the preparation of any such proposal. Fees for pre -construction and construction services shall be negotiated separately for each project. F. The CRA agrees to designate, when necessary, a representative who shall examine the documents submitted by the CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANTS services. 3. TERM AND TERMINATION. The term of this Agreement shall commence upon the Effective Date of this Agreement and shall be for one (1) year and shall automatically renew for four (4) additional one (1) year terms unless either party provides written notice of its desire not to extend the applicable term at least thirty (30) days prior to the expiration date. 4. TIMING OF THE WORK. The services to be rendered by the CONSULTANT for any work shall be commenced upon written Notice to Proceed from the CRA and shall be completed within the time based on reasonable determination, stated in the Notice to Proceed. 5. COMPENSATION. The CONSULTANT agrees to negotiate a lump sum fee (when a scope of services can be clearly outlined and the level of effort and cost of the work for those services can be determined, and must include all wages, benefits, overhead, profit, subconsultant fees, and expenses for the WORK and will not be increased unless there is a change in the Scope of Work), an hourly/not-to-exceed fee (when a scope of services cannot be clearly defined in terms of level of effort and cost of work or a defined scope of services cannot be precisely defined, subject to the requirement that when billings reach 75% of the not -to -exceed amount, the CONSULTANT must notify the CRA in writing and provide an estimate of the level of effort to complete the work assigned and it is within the CRA's sole and absolute discretion as to whether to continue CONSULTANT'S services or terminate the services), or a combination of the two. Upon agreement of a fee, the Executive Director of the CRA or his or her designee will issue a written Notice to Proceed to the CONSULTANT. 6. PAYMENT. The CRA will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month within thirty (30) days of submittal of each invoice. The CONSULTANT shall submit invoices to the Executive Director or his or her designee and provide the following information: The amount of the invoices submitted shall be the amount due for all WORK performed to date as certified by the CONSULTANT. 2. The request for payment shall include the following information: a. Total Contract amount. b. Percent of work complete. C. Amount earned. d. Amount previously billed. e. Amount due this invoice. f. Summary of work done this billing Period. g. Invoices number and date. h. Purchase Order number. 7. OWNERSHIP OF DOCUMENTS All 'reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the CRA without restriction or limitation in connection with the owners use and occupancy of the project. Reuse of these documents without written agreement from the CONSULTANT shall be at the CRA'S sole risk and without liability and any legal exposure to the CONSULTANT. 8. COURT APPEARANCES, CONFERENCES AND HEARINGS Nothing in this contract shall obligate the CONSULTANT to prepare for or appear in litigation on behalf of the CRA, except in consideration of additional compensation, and except for any dispute arising out of this contract. The amount of such compensation shall be mutually agreed upon receipt of written authorization from the Executive Director prior to performance of a court appearance and conference. The CONSULTANT shall confer with the CRA at any time during construction of the improvements herein contemplated as to interpretation of plans, correction of errors and omissions and preparation of any necessary plan thereof to correct such errors and omissions or clarify without added compensation. 9. AUDIT RIGHTS The CRA reserves the right to audit the records of the CONSULTANT related to this Agreement at any time during the execution of the WORK included herein and for a period of one year after final payment is made. 10. SUBLETTING/ ASSIGNING The CONSULTANT shall not sublet, assign, or transfer any WORK under this Agreement without the prior written consent of the CRA. 11. DEFAULT In the event either party fails to comply with the provisions of this Agreement, the aggrieved party may declare the other party in default and notify such party in writing, providing a reasonable time to cure the default but no less than seven (7) days unless it is an emergency situation. In the event the default is not timely cured, the Agreement may be terminated and the CONSULTANT will only be compensated for any professional services actually performed. In the event partial payment has been made for such professional services not performed, the CONSULTANT shall return such sums to the CRA within ten (10) days after notice that said sums are due. 12. INSURANCE AND INDEMNIFICATION The CONSULTANT shall not commence WORK on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the CRA. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CRA's representative. The Certificates shall clearly indicate that the CONSULTANT has obtained Insurance of the type, amount, and classification as required for strict compliance with this Agreement and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the CRA's representative. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Agreement. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as CRA's review or acceptance of insurance maintained by CONSULTANT, are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. By virtue of this Agreement, CRA's indemnification obligations shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. A. PROFESSIONAL LIABILITY CONSULTANT shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $25,000 the CRA reserves the right, but not the obligation, to review and request a copy of CONSULTANT'S most recent annual report or audited financial statement. For policies written on a "Claims -Made" basis, CONSULTANT warrants the Retroactive Date equals or precedes the effective date of this contract (Certificate of Insurance shall specify; Retro date — Full prior acts coverage anofies. In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERF) during the life of this Contract, CONSULTANT shall agree to purchase a SERF with a minimum reporting period not less than three (3) years. CONSULTANT shall agree this coverage shall be provided on a primary basis. The Certificate of Insurance must indicate whether coverage is written on an occurrence or claims - made basis and must indicate the amount of any SIR or deductible. B. CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence. CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence for all owned, non -owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non -Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. CONSULTANT shall agree to maintain during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. C. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the highest 'Each Occurrence" limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The CRA shall be specifically endorsed as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a 'Follow -Form" basis. D. ADDITIONAL INSURED CONSULTANT shall agree to endorse the CRA as an Additional Insured to the Commercial General Liability. The Additional Insured endorsement shall read "Boynton Beach Community Redevelopment Agency." (Project ). CONSULTANT shall agree the Additional Insured endorsements provide coverage on a primary basis. E. WAIVER OF SUBROGATION CONSULTANT shall agree, by entering into this Contract, to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into a pre -loss agreement to waive subrogation without an endorsement, then CONSULTANT shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre -loss basis. F. CERTIFICATE OF INSURANCE Immediately following the Effective Date of this Agreement, CONSULTANT shall agree to deliver to the CRA a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverages required by this Agreement have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non- renewal of coverage. G. RIGHT TO REVIEW CRA reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverages, or endorsements, herein from time to time throughout the life of this Contract. CRA reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. H. INDEMNIFICATION The CONSULTANT shall indemnify and save harmless and defend the CRA, its officers, agents, servants, and employees from and against any and all claims, liability, damages, losses, and/or causes of action including reasonable attorneys' fees, which may arise from any breach of contract or any negligent act, error or omission of the CONSULTANT its officers, employees, agents, sub - consultants or anyone acting pursuant to their authority and control in the performance of this Contract. The indemnity obligations of this Agreement shall not apply to damages or injury to the extent caused by the negligence or willful misconduct of CRA, or its officers, employees, agents, or third parties or anyone acting pursuant to their authority and control. However, any indemnification obligation of the CRA shall not exceed the statutory limits described within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. 13. CODES, ORDINANCES AND LAWS. The CONSULTANT agrees to abide and be governed by all CRA, County, State and Federal codes, ordinances and laws which may have a bearing on the WORK involved on this project. Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the CONSULTANT. 14. ENTIRETY OF AGREEMENT. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 15. MODIFICATION OF AGREEMENT. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto, upon appropriate action by the CRA. 16. MEDIATION. The parties to this Agreement desire to avoid the expense and delay caused by the filing of lawsuits. Therefore, it is agreed that in the event of any dispute or disagreement between the parties that a jointly -selected mediator shall conduct a mediation prior to the filing of a lawsuit in an effort to resolve the issue(s) with each party to pay 50% of the mediator's fees. 17. VENUE. In the event any disputes arising out of this Agreement cannot be worked out by mediation, any and all lawsuits shall be filed in the 151t Judicial Circuit Court in and for Palm Beach County, Florida or the Southern District Court of Florida if filed in U.S. Federal Court. 18. ATTORNEY'S FEES AND COSTS. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorney's fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 20. PRIOR AGREEMENTS. Any prior agreements between the parties that are in conflict with the provisions contained herein are, to the extent of any such conflict, hereby superseded and repealed by this Agreement. 21. NON-DISCRIMINATION. The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, sex, age, or national origin. 22. SEVERABILITY. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or the application of such terms or provisions, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this agreement shall be deemed valid and enforceable to the extent permitted by law. 23. ASSIGNMENT OF SUBCONTRACTORS. The CONSULTANT reserves the right to assign subcontractors with reasonable prior notice to the CRA Executive Director to this project to insure the quality of the job as well as on-time completion. However, the CONSULTANT shall remain responsible for the completion of the terms of this Agreement. 24. NOTICE. All notices required in this Agreement shall be considered delivered when received by certified mail, return receipt requested, or personal delivery and if sent to the CRA, shall be mailed to: Lisa A. Bright, CRA Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, FL 33401 If sent to the CONSULTANT, shall be mailed to: Kaufman Lynn, Inc., General Contractors Gregg Paley, Director of Administration 622 Banyan Trail, Suite 300 Boca Raton, Florida 33431 25. PUBLIC ENTITY CRIMES SWORN STATEMENT. The CONSULTANT, by its execution of this Agreement, acknowledges and attests that neither the CONSULTANT, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the CRA, is a convicted vendor or, if the CONSULTANT or any of its affiliates has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. CONSULTANT further understands and accepts that this Agreement shall be either voidable by the CRA or subject to immediate termination by the CRA, either in the event there is any misrepresentation or lack of compliance with the mandates of section 287.133, Florida Statutes. CRA, in the event of such termination, shall not incur any liability to CONSULTANT for any work or materials furnished. 26. EFFECTIVE DATE. This Agreement shall be effective as of the last date it has been executed by all parties. By authority of the CRA Board WITNESS: ; \ WITNESS: RECOMMEND APPROVA BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: �l Its: U QAJ f1k, Date: '7 — CONSULTANT— K ufman Lynn, Inc. By. l% _ Its: Date: =•7 APPROVED AS TO FORM & LEGAL ;SUFF Cl CY: ecutive Director CFVAttorney 1:\Client Documents\Boynton Beach CRA12419-0001AgreementslGENERAL CONTRACTING CONTINUING CONTRACT - Kaufman Lynn.doc 11 RL KAUFMAN LYNN MINRIIA1,O iSTn.\CTOnS June 30, 2010 Boynton Bench CRA Attn: Michael Sinton, Development Director 915 South Federal Highway Boynton Beach, Florida 33135 Project'! Harbor Marina Ocean Avenue Entry Feature Mr. Simon: 622 Donyon Trail, Surto 300 t aoco Rotor / FL, 33131 PI 1: 561.361.6700 / FX: 561.361.6979 Thank you for providing us the opportunity to submit this Proposal for Pre-Col'sh"IdIO" Services for the above referenced project. Under the terms of this proposal we will provide the pre -construction services during a period to be determined at our initial meeting with you and the appropriate project stakeholders along with your selected design team. Orur total Guaranteed Maximum Price for Preconstruction Services for the program is $2,000.00. The stated proposal costs include till labor and material associated with preconstructiotr services relating to this project and includes the following listed basic services and or deliverables as rcquired mud requested, A. Review of drawings and provide recommendations relating to constntctability, materials, means and methods of construction and provide Cost savings methods as may be requiml to achieve stated 110%vner's" budgets. B. Provide Project COI1St'LlCti011 Schedules integrated with the "Owner's" and the "Owner's" Design Professionals schedules and provide updates as may be required. C. Provide detailed estimate of construction costs and provide reconunendations in the form of cost savings methods for review and acceptance by the "Owner" in the event that the cost may exceed the stated construction budgets set forth by the "Owner". D. Provide a construction phase schedule and staging logistics plan as may be required. E. Provide final bid process involving subcontractor pre -qualification, public advertisement of notice and schedules as required. F. Attend all meeting as may be required, requested and or scheduled. G. Provide for review and "Owner's" final acceptance a "Final" Cost GMP proposal at 100% Construction Documents pursuant to the activities as listed herein. Due to the compressed schedule requirements of this project we propose that the cost for these services be invoiced in 2 payments as follows: U.S, preen evddho �f Cwncd�,lorobor tll�i \w-mr kaufmanlynnxom 1"I'e-C'urrstt uctintr Contractor;s Cunrperrscrliurr/Pnl'rtrerrGs: The Pre -Construction Contractor's compensation for all Pre -Construction Services required by this proposal is a luitip sum amount, billable on completion and is outlined as follows; Schedule of Values I. Schematic Design Development Budget, $1,500.00 a) Line Item Cos( Breakdown (Estimate 1) b) I't Constructabiiity Review/ Vr Recommendations c) Attendance at Team meetings as requested 11. Guaranteed Maxinrtrm Price; $500.00 it) Subcontractor Solicitation b) 100% CD GMP T;stimate an{l Presentation c) 100% CI.) VE Recommendations (1) Prepare and Presentation of GMP proposal c) Prequalifieation / Negotiation of Subcontractors Preconstruction Services Total (Lump Sum) $2,000.00 It is expressly understood that the Prcconstruction Contractor is not a design or engineering consultant. All information provided to the Owner, under this agreement, is provided for their use in determining project feasibility and economics. All Professional Design and Engineering arc specifically excluded from this agreement. Any solutions or value engineering; suggestions proposed by Kaufman Lynn Inc• General Contractors are offered in good 1lith with the understanding that it is file Owner's design professional's responsibility to insure compliance with applicable codes and consistency with design intent. Please review this Scope of Prcconstruction Services as it relates to the above referenced project ant[ feel free to call me with any questions you may have. Respectfully Submitted, Bruce Cavossa Vice President Cc: Michael 1. Kaufman, President Acceptances Ron 7.eigel, Senior Estimator File RL KAUFMAN LYNN GrArMAL CONTRACTORS June 1, 2010 Boynton Beach CRA Attn: Michael Simon, Development Director 915 South Federal Highway Boynton Beach, Florida 33435 622 Banyan Troll, Suite 300 J Boca Raton / FL, 33431 PH: 561.361.6700 / FX: 561.361.6979 Project: Historic Cottage Relocation (Ocean Ave & SE 4`I' Street) Mr. Simon: Thank you for providing us the opporhinity to submit this Proposal for Pre-Consh-tiction Services for the above referenced project. Under the terms of this proposal we wi11 provide the pre -construction services during a period to be determined at our initial meeting with you and the appropriate project stakeholders along with your selected design team. Our total Guaranteed Maximum Price for Preconstruction Services for the program is $2,000.00. The stated proposal costs include all labor and material associated with preconstruction services relating to this project and includes the following listed basic services and or deliverables as required and requested. A. Review of drawings and provide recommendations relating to constructability, materials, means and methods of construction and provide cost savings methods as may be required to achieve stated "Owner's" budgets. B. Provide Project Construction Schedules integrated with the "Owner's" and the "Owner's" Design Professionals schedules and provide updates as may be required. C. Provide detailed estimate of construction costs and provide recommendations in the form of cost savings methods for review and acceptance by the "Owner" in the event that the cost may exceed the stated construction budgets set forth by the "Owner % D. Provide a construction phase schedule and staging logistics plan as may be required. E. Provide final bid process involving subcontractor pre -qualification, public advertisement of notice and schedules as required. F. Attend all meeting as may be required, requested and or scheduled. G. Provide for review and "Owner's" final acceptance a "Final" Cost GMP proposal at 100% Construction Documents pursuant to the activities as listed herein. Due to the compressed schedule requirements of this project we propose that the cost for these services be invoiced in 2 payments as follows: U.S. oc..n Bum." 4Q Council Mombor v, n+ nv.kaufmanlynn.com Pre-Consh•uction Contractors Cotnpensatiott/Payiitettts: The Pre -Constriction Contractor's compensation for all Pre -Construction Services required by this proposal is a lump sum amount, billable on completion and is Outlined as follows: Schedule of Values Schematic Design Development Budget; a) Line Item Cost Breakdown (Estimate 1) b) ISS Constructability Review/ VE Recommendations c) Attendance at Team meetings as requested II. Guaranteed Maximum Price-, a) Subcontractor Solicitation b) 100% CD GMP Estimate and Presentation c) 100% CD VE Recommendations d) Prepare and Presentation of GMP proposal e) Prequali fication /Negotiation of Subcontractors Preconstruction Services Total (Lamp Sum) $1,500.00 $500.00 $2,000.00 It is expressly understood that the Preconstruction Contractor is not a design or engineering consultant. All information provided to the Owner, under this agreement, is provided for their use in determining project feasibility and economics. All Professional Design and F,ngineering are specifically excluded from this agreement. Any solutions or value engineering suggestions proposed by Kaufman Lynn Inc General Contractors are offered in good faith with the understanding that it is the Owner's design professional's responsibility to insure compliance with applicable codes and consistency with design intent. Please review this Scope of Preconstruction Services as it relates to the above referenced project and feel free to call me with any questions you may have. Respectfully Submitted, Brice Cavossa Vice President Cc: Michael I. Kaufman, President Ron Zeigel, Senior Estimator File Acceptance: Pi-int:�i 622 CONTRACTORS June 1, 2010 Boynton Beach CRA Attn: Michael Simon, Development Director 915 South Federal Highway Boynton Beach, Florida 33435 Project: Historic Cottage Relocation (Ocean Ave & SE 4th Street) Mr. Simon: , Suite 300 Boao Raton / FL, 33431 PH: 561.361.6700 / FX: 561.361.6979 Thank you for providing us the opportunity to submit this Proposalfor Pre -Construction Services for the above referenced project. Under the terms of this proposal we will provide the pre -construction services during a period to be determined at our initial meeting with you and the appropriate project stakeholders along with your selected design team. Our total Guaranteed Maximum Price for Preconstruction Services for the program is $2,000.00. The stated proposal costs include all labor and material associated with preconstruction services relating to this project and includes the following listed basic services and or deliverables as required and requested. A. Review of drawings and provide recommendations relating to constructability, materials, means and methods of construction and provide cost savings methods as may be required to achieve stated "Owner's" budgets. B. Provide Project Construction Schedules integrated with the "Owner's" and the "Owner's" Design Professionals schedules and provide updates as may be required. C. Provide detailed estimate of construction costs and provide recommendations in the form of cost savings methods for review and acceptance by the "Owner" in the event that the cost may exceed the stated construction budgets set forth by the "Owner". D. Provide a construction phase schedule and staging logistics plan as may be required. E. Provide final bid process involving subcontractor pre -qualification, public advertisement of notice and schedules as required. F. Attend all meeting as may be required, requested and or scheduled. G. Provide for review and "Owner's" final acceptance a "Final" Cost GMP proposal at 100% Construction Documents pursuant to the activities as listed herein. Due to the compressed schedule requirements of this project we propose that the cost for these services be invoiced in 2 payments as follows: www.koufmanlynn.com US. Green 6uIRdh9 Cound Mereher 18 Pre -Construction Contractors Compensation1Payments: The Pre -Construction Contractor's compensation for all Pre -Construction Services required by this proposal is a lump sum amount, billable on completion and is outlined as follows: Schedule of Values Schematic Design Development Budget; a) Line Item Cost Breakdown (Estimate 1) b) 1" Constructability Review / VE Recommendations c) Attendance at Team meetings as requested Ii. Guaranteed Maximum Price; a) Subcontractor Solicitation b) 100% CD GMP Estimate and Presentation c) 100% CD VE Recommendations d) Prepare and Presentation of GMP proposal e) Prequalification /Negotiation of Subcontractors Preconstruction Services Total (Lump Sum) $1,500.00 $500.00 $2,000.00 It is expressly understood that the Preconstruction Contractor is not a design or engineering consultant. All information provided to the Owner, under this agreement, is provided for their use in determining project feasibility and economics. All Professional Design and Engineering are specifically excluded from this agreement. Any solutions or value engineering suggestions proposed by Kaufman Lynn Inc. General Contractors are offered in good faith with the understanding that it is the Owner's design professional's responsibility to insure compliance with applicable codes and consistency with design intent. Please review this Scope of PreconshUction Services as it relates to the above referenced project and feel free to call me with any questions you may have. Respectfully Submitted, Bruce Cavossa Vice President Cc: Michael I. Kaufman, President Ron Zeigel, Senior Estimator File Acceptance - Print: „no, Date: / y 5 Kaufman Lynn Construction Inc. 1/6/2011 1 CGC 021732 Boynton Beach CRA XL Boynton Beach CRA Kaufman Lynn Construction Inc., CGC 021732 ItiALWN I'anuary 4, 2011 1.lIY`:TRCCTiO\ Bovnton Harbor Marina PrujecG Boynton Beach CRA - Boynton Marina Entry Feature~ _ Date. ^� - - !anuary 4.. 2011 Rcvision I lo (lid L'stimat; '.'_6/11: TotalActive 902 SF Total Weeks 2 Wks Months 0.38 Mos ld# Desc--tri tion_ uantity Unit I Unit Price Bid Amount $/BSF Comments $ 229 02-000 SITE WORK 1 Is ! 1,205.20 $ 1,205 $1.34 , Arieses 02-052 Existing Site Demo I Is 1.210 00 $ 1,210 $1.34 Aries 02-053 Compaction I Is 2,450.00 $ 2,450 $2.72 Royal 02-054 Compacted Crushed Shell 121 c 32 00 $ 3,874 $4.30 Star Farms 02-055 Shrub Beds Control 1 is 2.486.00 $ 2,486 76 : - Action_ 02 057 Fencing and Pedestrian 28-503 70 $_ 78 504 �2 31 67 $31.67 Sunny State Y 02-057- ` iLandscapmg ea I 7 500.00 $ 7.500 _ _ - $8 33 -_ Sunny State 02-OS�t I1rr aUon - - - - S 60,776 03-000 CONCRETE 196 sf 9.00 $ 1,764 $1.96 CCBR 03-001 !Slab 8" w/ # 3 bus 12' ;_�t - 1 is 7,465 00 $ 37,465 $41.63 CCBR 03-002 1Structure 1,130 sf 7.00 $ 7,910 - $8.79 CCBR 03-00 Sidewalks, Rams and 5uc Cun Tett , i)cu,i au%c; 50 sf 7.00 $ 350 $0.39 CCBR 03-004 1Small Art Pads (colored) 03-005 Cfi 'hart Anchors 5 ea 165 00 $ 825 -_ $0.92 CCBR 03-006 {Pavers 1,455 _ sf _ 6.25 $ 9 094 $10 10 -Royal - 03-007 {Truncated _ Dome Pavers 225 sf 7.50 $ 1.688 $1 8R Royal 03-008 Fence Post Bases 48 ea 35 00 S 1,680 $1 87 CCBR S 19,640 04-00 Masonr • 04-001-Fence Columns tinch,des accents and faux stone) 8 ea 2,455.00 $ 19,640 $21 82 CCBR S 19,680 05-000 05-001 Metals Trusses (16g_a) includes frame of entire roof structure 200 i - st - -- 36.75 $ 7,350 - -- $8.17 - Roth 05-002 Railings _ - -- 54 - 180 if If 55.00 $ 52 00 $ 2,970 9,360 $3.30 $10.40 National National 05-003 Decorative Fencing (AO I detail) $ 3,464 07-000 Thermal 07-001 StandingSeamRoof(IncludesWaste&'trim) 256 _ sf 10.60 $ _. _ _- 1 _.. Peterson $0 83 + - -- Peterson - _ 07-002 -- Finial _ 1 - - - _ Is 750.00 - - $ - 750 - ----- G409 09-000 Finishes 1,300 sf 3.67 $ 4,771 $5.30 Roth 09-001 - Stucco / Trims 1.300 sf 1 26 $ 1,638 $1.82 V Smith 09 900 Pamtmg �Texcoat) _ $ 14,610 10-000 S ecialties Is 11,750.00 $__ 11,750 $13.06 KL 10-001 Si na a and Site Furniture _ _ _I 4- _ 4 ea 1 715.00 , $ 2,860 $3.18 ecrater 10-002 Bahama Shutters Kaufman Lynn Construction Inc. 1/6/2011 1 CGC 021732 Boynton Beach CRA Id# IDescription Quantity Unit Unit Price Bid Amount $/BSF Comments 16-000 ELECTRICAL $ 46,970 16-050 Column Up Lights 8 ea 562.00 $ 4,496 $5.00 Loveland 16-051 Art Pad Lights 2 ea 562.00 S 1,124 $1.25 Loveland 16-052 Direction Sign Lighting _--_ _ _ _ — 3 - ea 562.00 $ 1,686 $1.87 Loveland 16-053 Tower Base and Railu�level lid ----_— —_-- o _ -- ----- 23 - --- - -- -- --- -- ..... ea -- --- ---- -- 250.00 $ 5,750 $6.39 Loveland 16-054 Interior Bahama and CoupLi is 8 ea -- - -- ----- _ -- 562.00 $ 4,496 -9 $5.00 ------- -- Loveland —16-055 Landscape Lighting _ -- —_ -- 39 ea -- - ___._.. 562.00 $ 21,918 $24.351 Loveland 16-056 Transformer, Panel A, Contactor and Time Clock 1 _._...___. Is -- 7,500.00 $ 7,500 _..... $8.33 ( --vela-.. Loveland HARD BUDGETS COSTS $ 218,778 $ 218,778 GENERAL CONDITIONS 1.50 mo $ 8,850 SUPERVISION & PROJECT MANAGEMENT 6.00 wks $ 24,312 SUBTOTAL S 251,940 CM FEE 15.00% $ 37,791 SUBTOTAL $ 289,731 GENERAL LIABILITY INSURANCE 0.60% $ 1,738 SUBTOTAL S 291,469 BUILDERS RISK INSURANCE NIC $ SUBTOTAL $ 291,469 PAYMENT & PERFORMANCE BOND 1.27% S 3,702 BUDGET PRICE TOTAL $ 295,171 $ 295,171 Kaufman Lynn Construction Inc. 1/6/2 2 CGC '32 Boynton Bea-' "'RA HL Boynton Beach CRA Kaufman Lynn Construction Inc.. CCU 021732 RAO�MAN 1.Y�a ,Ianuary 4, 2011 New Park Amphitheater Project, Boynton Beach CRA - New Park .Amphitheater Date: January 4, 2011 Renovation and Awning Structure Total SF Active 1,280 SF Total 12evisio�� I to Ilid l:stimair `/26110 Weeks 2 Wks Months 0 50 Mos Id# IDescription Quantity Unit Unit Price Bid Amount $/BSF Comments 42,996 02-000 SITE WORK 02-000 ;Earthwork 1 Is ',490 00 $ 2,490 $1.95 Aries 02-050 Demolition 862 - sf 5 31 f 6 - -- 4,577 t $3.58 — Monster — 02-050 INew Fill for Stage Area 104 cy 35 00 $ 3,632 $2.84 Aries -- 02-051 Sod 1.500 - sf 0,5 $ 750 $059 Palms_ t--- --- 02-051a Public Art Feature ] Is 13,500 00$ 1 13,500 - $10.55 Owner Item 02-052 !Pavers (Over 1" Sand) ',56.0 sf 4.12 $ 10,547 --$-8 24 R_o_a_l 1-- _ 2 -OS !Landscaping (Repa,rs rroL,11L1111L 00 � $ 7 KL $ 23,396 03-000 CONCRETE 03-001 Slab Labor 962 sf 6.00 $ 5,772 $4.51 CCBR ; Tie 48 Il 15 00 $ 720 $0 a B CCBR - 03-002 Beams -- - 4 ea 1,624 00 $ I 6,496 - - $5 08 - - - CCBR Cl3-OOS Footings - -- -_- 0�-00004 for opennmgs at front of ,tage 8 ea 798 00 $ 6 384 $4 99 CCBR !Formwork 03-005 ;Concrete Stags 1 _ - Is 2,500.00 1 - $ .$_ 2,500 $1.95 - —t CCBR __ _. 03-006 Curb 1 Is 1,524 00 1 - -- - 1,524 + $1 l9 + Aries - + $ 3,250 05-000 METALS 06-121 Metal Gates / Doors 1 is -Geor 3,250,00 ; $ --- 3 .,250 $2 54 .. es _ $ 6,426 06-000 WOOD & PLASTICS 1(18 st 59.50 $ 6,426 $5 0� Georges 06-121 Louvered Doors (12 ea -Custom) -- - -� I f $ 5 098 09-000 Finishes 89 sy 36,56 $ 3,250 $2,54 Roth — 09-200 Stucco 09-900 Painting_ - - 1 680 sf f --- 1 10 $ -- 1,848 $1 44 V Smith $ 83200 10-000 Specialties 10-220 Stage Awning (budget based on original rendering} 1,80 Is 65 00 - $ 83,200 $6500 Sky Shades $ 15000 14-000 Specialties 14-400 Inclined Chair Lift (Garaventa Express It Platform 48" x 31 1/21) 1 is 15,000 UO $ 15,000 $I1 72 ------Garnta $ 47'212 16-000 ELECTRICAL 16-050 Contactor, Lighting Control and Panel "LP" 1 Is 7,500.00 $ 7,500 $5.86 Loveland 5,500.00 -..._.-- -- - $ --- 5,500 - _.. - $4.30 ---- Loveland ------------- Service 16-05 l New Service I Is - - -- .. -- - -- --- - - 16-052 Theatrical Lighting - 28 ea 700.00 $ 19,600 $15.31 Loveland 26 ea 562.00 $ 14,612 $11,42 Loveland 16-053 Site and Utility Lighting Kaufman Lynn Construction Inc 1/6/2011 1 CGC 021732 Boynton Beach CRA Id# IDescription —FQuanfity I Unit Unit Price Bid Amount $/BSF Comments HARD BUDGETS COSTS $ 226,578 $ 226,578 GENERAL CONDITIONS 2.00 mo $ 11,800 SUPERVISION & PROJECT MANAGEMENT 8.00 wks $ 32,416 SUBTOTAL $ 270,794 CM FEE 15.00% $ 40,619 SUBTOTAL $ 311,413 GENERAL LIABILITY INSURANCE 0.60% $ 1,868 SUBTOTAL $ 313,281 BUILDERS RISK INSURANCE NIC $ SUBTOTAL $ 313,281 PAYMENT & PERFORMANCE BOND 1.27% $ 3,979 BUDGET PRICE TOTAL $ 317,260 $ 317,260 Kaufrnan Lynn Construction Inc. 1/6/2 2 CGC '32 Boynton Bea ' "RA XL ! FM AN LYNN f..'U\47'Rl ti'TI01 Boynton Beach CRA Kaufman Lynn Construction Inc, CG(' 112173% January 4, 2011 Ruth ,loner Cottage Relocation _ Proiecr Boynton Beach CRA - Ruth Jones Historical Cottage Relocation _ Date .lanuary 4.2011 Iie%kion 1 to Bid 1,'ctini w ';Zig/li: Total SP Active 900 SF Total Wks Weeks 1.50 Months 0 38 Mos Id# Descri tion Quantity : knit Unit Price Bid Amount $/BSF Comments $ 102,323 02-000 SITE WORK I is 45,000 00 $ 45,000 $50.00 'Roesch Movers OZ -051 __ Relocation of Cottage .._.. 1 is 4,500.00 $ 4,500 $5.00 Monster Demo _ 02-051 {Interior and Exterior Demo I i'$1 Is L500.00 $ 1 500 67 Area Paving 02-051 _ Existrnp Site Demo ` ._ 250 cy 6.00 $ 1500 $1 67 Area Pavm 02-053 __ Strip site & stockpile - 1 Is 750.00 $ 750 $0 83 Area Paving 02-050 02-052 MOT &Barricades - ----- 112" subgrade 800 - s 3A0 ' $ 2,400 $2.67 Area Paving Paving 02-05? -Compacted 16" Crushed Concrete base 750 sy I L00 f $ 8,250 $9.17 $9 87 Area - Area Paving _ 02-054 - - I1.25" Type S_3 Asphalt m one iifi 740 S 12 00 $ _ 8,880 - 02-05 4-_ Rough landscape grading I c900 _ a .., I 1900.00 _.. 00 1 $ 2,900 - - $3.22 - Area Paving -- - 02-056 12" Compacted subgrade 800 sy 3.00 $ 2,400 $2.67 Area Paving Str PP g l.ol I Is 2.525 00 $ 5 2 525 $2.81 Area Paving n 02-060 _ mnandrlParking Lin Q g ------ gation I Is 21,718 00 $ 21,118 $24.13 Sunny State $ 42,749 03-000 CONCRETE 1250 S 0.00 $ Roesch Movers 03 -00 1(Slab 03-002 (in Relocation #) Sidewalks, Ramps and Srtc 2,000 sf 7,00 ,k .$ 1.10=00, 14,000 , $15 56 CCBR 03-003 _'oncrctc iType D Curb X30 if 13 00 $ 4 290 $4.77 CCBR 03-004 ITyoe F Curb 35 - If 35,00 1 $ 1,225 $1.36 CCBR - Pavers x,- sf 7 00 $_ _ 22,134 $24.59 — CCBR 03-005 03-006 Dumpster Pad 10 x 10 and "1 ie Beam 3011 — 1 Is i 1.100 00 $ -- 1,100 $1.22 - _ CCBR $ 2,400 04-00 Masonr v 240 i sf 10 00 $ 2,40 $2.67 CCBR 03-001 Masonry (dumpster enclosure) _ _ I $ 9,880 05-000 05-001 Metals Railings � 55.00 $ - 3 630 T � $4 03 1 Ge es — i ea i 375 00 ��_ $,,, 750 $0 83 Georpzes O5-002 Fence at Dempster is 550 00 $ 550 $0 61 Mardale dal. OS -003 --- 057004 Bike Rack Decorative Bollards 9 l ea ! 550.00 1 $ - 4,950 i _ $5 50 ' _ Georges _ -. $ 4,535 06-000 06-000 Carpentry Structural Framm - ___-- - 1 _ ...---_- Is 4,535.00 1 $ -- r _ 4,535 $5.04 !_ _.T `CCBR $ 11,430 08-000 Windows and Doors 84 It- 45 00 $ 3,780 $4.20 CCBR -08-000 083'0" -0 01 Exterior Windows _ Doors Exterior 2: 3' 0" Pairs) 1: T 0" Sin le with Glavin - 3 ea 650.00 $ 1,950 _ $2.17 I. Smith Kaufman Lynn Construction Inc. 1/6/2011 1 CGC 021732 Boynton Beach CRA Id# Description Ouantitv Unit Unit Price Bid Amount $/BSF Comments 08-002 Doors Interior (2: 3'0" Si)---_— -- -- - - — 2 ea 350.00 $ 700 $0.78 Smith 08-003 Window and Door Surrounding Carpentry 1 is 5,000.00 $ 5,000 $5.56 Smith 09-000 Finishes S 7,266 09-000 Interior Drywall Partitions 960 sf 6.00 $ 5,760 $6.40 Roth 09-900 Painting960 _ sf 1.10 $ 1,056 $1.17 V Smith 09-901 Cabinet / Vanit�Only New Restroom Vis.._-....... ___...... 450.00 $ _-- ____.. .__ ..._...._.. 450 - $0 50 . KLI -- 10-000 S ecialties $ 19,950 10-001 Patio Awning 20 x 26ft1 520_ sf 35.00 $ 18,200 $20.22 A-1 ]0-002 BathAccessories l Is 1,750.00 $ 1,750 $1.94 Mardale i 15-000 MECHANICAL $ 20,625 15-4 0 Plumbing (Unisex) 1 - Toilet /1- Sink / 1 - 8 gal Water Heater) 3 ea 2,785.00 $ 8,355 $9.28 Globe 15-402 Sanitary Lines _ - 40 ___ _lf _ __ 38.00 _ $_ 1,520 $1.69 Globe 15-500 HVAC / Inc Bath Fan 17 SEER Equip / Fiber Ductwork 5.00 to - _ 2,150.00 $ _ �- 10,750 _ $11.94 PerfectTem 16-000 ELECTRICAL $ 36,700 16-050 Service 16-051 Site Li t Poles 1 Is 7,500.00 $ 7,500 $8.33 Car enter _ ---- -- - ---- - ---- - ---- ------._._._._._._..-.__.... - --------- 4 ea -- -- -- 550.00 --- ---- ---- - - - - $ ------------------------ 2,200 --------- $2.44 ------ - Carpenter ------ supe U 16-052 Landsca e U Lights _ __- 6 _ -.-6--- ea 250.00 $_ 1,500 $1.67 I Carpenter 16-053 Electrical and Li htin 1 is 20,000.00 $ 20,000 $22.22 Car enter 16-053 Fire Alarm (Panel and 2 Smoke Detectors) 1 is 5,500.00 $ 5,500 $6.11 Electraserve -- -_.. HARD BUDGETS COSTS S 257,858 $ 257,858 GENERAL CONDITIONS 1.50 mo $ 8,850 SUPERVISION & PROJECT MANAGEMENT 6.00 wks $ 24,312 SUBTOTAL $ 291,020 CM FEE 15.00% $ 43,653 SUBTOTAL S 334,673 GENERAL LIABILITY INSURANCE 0.60% $ 2,008 SUBTOTAL $ 336,681 BUILDERS RISK INSURANCE NIC $ SUBTOTAL $ 336,681 PAYMENT & PERFORMANCE BOND 1.27% $ 4,276 BUDGET PRICE TOTAL $ 340,957 S 340,957 Kaufman Lynn Construction Inc. 1/6G- 2 CGC '32 Boynton Be% -RA 1, CONTINUING CONTRACT TASK ORDER FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES THIS CONTRACT, made on , BY AND BETWEEN BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida public body corporate and politic created pursuant to Part III of Chapter 163, Section 356, Florida Statutes, hereinafter referred to as the "CRA", and KAUFMAN LYNN CONSTRUCTION, INC, 622 Banyan Trail, Suite 300, Boca Raton, Fla. 33431, hereafter referred to as "KAUFMAN LYNN". WITNESSETH 1. The CRA and KAUFMAN LYNN are parties to a General Contracting/Construction Management/Consulting Agreement dated July 3, 2007 (hereinafter "2007 Agreement"). 2. The Scope of Services of the 2007 Agreement provides that KAUFMAN LYNN will provide construction management services to the CRA on request. 3. The Compensation provision for the 2007 Agreement provides for negotiation of a lump sum not to exceed fee for services which can be clearly outlined by the parties. 4. The CRA has heretofore clearly defined construction management at risk services for the following projects: Ocean Avenue Amphitheatre, Boynton Harbor Marina Entry Area, and the Jones Cottage Relocation and Renovation. 5. The CRA, not satisfied with proposals submitted in response to a recent RFP seeking construction management services has rejected those proposals and now elects to use the services of KAUFMAN LYNN as authorized in the 2007 Agreement. 6. The CRA and KAUFMAN LYNN have reached agreement whereby KAUFMAN LYNN will act as the Construction Manager at Risk ("CM@R") to provide completion of the CRA Projects as more particularly described in Attachments 1, 2 and 3, for a lump sum fee hereinafter described. NOW THEREFORE, in consideration of the mutual covenants expressed herein, the CRA and KAUFMAN LYNN agree as follows: 1. That KAUFMAN LYNN, in consideration of the payments, covenants and agreements herein agrees to provide construction management services to the CRA, to at its own proper cost and expense, and to furnish all labor, materials, and equipment, and to perform all Work necessary to construct and complete in a good workmanlike and substantial manner, and to the satisfaction of the CRA, the following projects; 1. Ocean Avenue Amphitheatre — 100% Construction Drawings (Attach. 1) 2. Boynton Harbor Marina Entry Area -100% Construction Drawings (Attach. 2) 3. Jones Cottage Relocation and Renovation -100% Construction Drawings (Attach. 3) 2. The Work shall be performed in accordance with the Construction Documents (as defined in the Contract General Conditions, Article 1, Definitions) as approved by the CRA and are made a part of this agreement by this reference. 3. The CM agrees that the total cost to the CRA for completion of all Projects listed above is NINE HUNDRED FIFTY-THREE THOUSAND THREE HUNDRED EIGHTY- EIGHT DOLLARS AND 00/100 ($953,388.00) and that such cost is a Guaranteed Maximum Price inclusive of: • all contingencies, • overhead, profit, • over -run costs, • insurance required by the CRA.. • cost of permits. • cost of bond. • work extras resulting from unforeseen conditions, • all loss or damage arising out of the nature of the Work, or from the action of the elements or from any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the Work until its acceptance by CRA, • for all risks of every description connected with the Work, • for all expenses incurred by or in consequence of the suspension or discontinuance of Work, and • for well and faithful completion of the Work in the manner and according to the Contract Documents and the requirements of the CRA under them. The foregoing list of inclusive obligations is for illustration purposes and does not constitute a limit on KAUFMAN LYNN'S obligation to perform its services for the completion of the Projects for the Guaranteed Maximum Price stated above. 4. That CRA will fix the starting date of the Work and issue a Notice to Proceed after the date of approval of the Contract by CRA. The CM shall fully complete all the Work of the Contract, in first class working order and ready for acceptance by CRA, on or before the expiration of calendar days from the starting time so fixed. The CM will pay to the CRA the sum of $ for each day completion is delayed beyond the time prescribed.. in accordance with the Contract General Conditions, Article 7.02, Delay in Completion— Liquidated Damages. 5. That should there be any conflict between the terms of this Continuing Contract Task Order and the other Contract Documents, the other Contract Documents shall control. 6. All contractors and sub -contractors who perform work on the Projects are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the registrar of the Board. 7. That any notice to CRA may be served effectually upon CRA by delivering it in writing, addressed to: Boynton Beach Community Redevelopment Agency Attn: Vivian Brooks 915 S. Federal Highway Boynton Beach, FL 33435 That any notice to KAUFMAN LYNN may be served effectually upon delivering it in writing, addressed to 606 Banyan Trail, Boca Raton, Fla. 33431. 8. This Task Order is a sub -obligation of the 2007 Agreement between the parties and all terms and conditions of the 2007 Agreement apply as though stated herein unless modified by this document. IN WITNESS WHEREOF, the parties to these presents have hereto set their hands the year and date first above written. Signed, sealed and witnessed BOYNTON BEACH COMMUNITY in the presence of: REDEVELOPMENT AGENCY Attest: Print Name Attest: Print Name Signed, sealed and witnessed in the presence of. Attest: Attest: Print Name State of Florida ) ss: County of Palm Beach ) Jose Rodriguez, CRA Chairman CONTRACTOR Print Name On this day of , 2010, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. My Commission Expires: Notary Public H:\1988\880508\13BCRA\CONTINUING CONTRACT TASK ORDER.doc IV. Continuation of Construction Manager at Risk Tabled Agenda Item from 1/11/2011 Board Meeting ®YNT iffi:ls AP C R A East Side—West Side—Seaside Renaissance a ssance CRA BOARD MEETING OF: February 1, 2011 (Tabled January 11, 2011) Consent Agenda I X I Old Business I I New Business I I Legal I ( Executive Director's Report SUBJECT: Results of CMAR Request for Proposals for the three Ocean Avenue Projects (Amphitheater, Ruth Jones Cottage and Marina Entry) SUMMARY: After obtaining CRA Board approval at the September 14, 2010 meeting, CRA staff issued an RFP for Construction Management at Risk (CMAR) Services for the Ruth Jones Cottage Relocation and Renovation, Boynton Harbor Marina Entry Feature & open space and the Ocean Avenue Amphitheater projects (See Attachment 1). Sixteen General Contracting CMAR firms interested in the projects attended the October 12, 2010, mandatory CMAR RFP pre-bid meeting. As of the CMAR RFP deadline on November 10, 2010, two responses were received; one from The Morganti Group in the amount of $1,266,000 and the second from JMW Construction in the amount of $1,068,650. Both responses were deemed to be responsive to the RFP and both met the submission requirements. Staff was requested by a Board member to get more detailed bid information from both respondents. In addition, the CRA's architectural consultant inadvertently left out design details of the marina entry tower in the RFP documents that provided beneficial information to the proposers. The drawings were sent to the two proposers and both have responded to the request for cost impacts, if any, to their original proposals. After obtaining the additional tower feature details, The Morganti Group stated "no impact" to their original total proposal price as submitted of $1,266,000 and JMW Construction had an upward adjustment to their original submission bringing their total for the three projects to $1,263,250 (See Attachment 2). The two CMAR RFP Proposals were reviewed by the architectural & landscaping firms responsible for production of the design/construction plans from permitting through the projects' physical completion. Senior Project Managers from both REG Architects and VHB MillerSellen provided the CRA with their analysis and recommendations in addition to staff's RFP Proposal cost breakdown (See Attachment 3). FISCAL IMPACT: To be determined (see chart below). Total Proposal Approved Budget Budget Deficit Cost Amount $953,388 $770,000 ($183,388) +` $1,263,250 $770,000 ($493,250) $1,266,000 $770,000 ($496,000) T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\2-1-2011 Special Meeting\CMAR RFP untabled.doc YNT A isEastSide West Side—Seaside Renaissance CRA PLAN, PROGRAM OR PROJECT: Downtown Vision and Master Plan, CRA Redevelopment Plan RECOMMENDATIONS/OPTIONS: The Board can take a number of actions including, but not limited to: Select one of the two responses to the RFP to construct the Amphitheatre and the Marina Entry Feature/Open Space projects and enter into the attached Contract for Construction Management at Risk Services. This will allow the Agency to stay close to the amount budgeted. 2. Select one of the two responses to the RFP to construct all three projects. Approve a budget amendment in the appropriate amount to cover the difference between the approved budget amount and the selected respondent's price. Potential source of funds for the difference: Unpaid/Budgeted TIF to Promenade: $159,000 Remaining in ED Salary line item: $ 50.000 Rollover from 09/10 budget year. $200,000 TOTAL SOURCES: $409,000 3. Reject both responses and withdraw the RFP. Do not do the three projects and reallocate the funds. 4. Reject both responses and withdraw the RFP. :Approve a Task Order under the Agency's Continuing Contract with Kaufman Lynn to construct two of the three projects (See Agenda Item III ). 5. Reject both responses and withdraw the RFP. Approve a Work Order under the Agency's Continuing Contract with Kaufman Lynn to construct all three projects (Work Order Attached). Approve a budget amendment in the appropriate amount to cover the difference in pricing from Kaufman Lynn and the Agency's budgeted amount for the projects. Potential source of funds to cover the cost include: Unpaid/Budgeted TIF to Promenade: $159,000 Remaining in ED Salary line item: S 50,000 Rollover from 09/10 budget year: $200,000 TOTAL SOURCES: $409,000 Vivian L. Brooks Interim Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\2-1-2011 Special Meeting\CMAR RFP untabled.doc Attachment 1 TIDEVELOPMENTDEVELOPMENT DEPT PROJECTS\CMAR RFP\CMAR RFP.doc r JqYNT A P4is East Side -West Side -Seaside Renaissance REQUEST FOR PROPOSAL The Boynton Beach Community Redevelopment Agency (CRA) will receive sealed price proposals in its office, 915 S. Federal Highway, Boynton Beach, FL 33435 until 3:00 PM on the due date, November 10, 2010. Proposals will be opened at a public opening in the CRA offices at 3:15 PM on the above due date. Request for Proposal documents, construction plans and specifications must be obtained from the CRA office. CONSTRUCTION MANAGER AT RISK SERVICES For the CONSTRUCTION OF OCEAN AVENUE AMPHITHEATRE CONSTRUCTION OF BOYNTON HARBOR MARINA ENTRY AREA JONES COTTAGE RELOCATION AND RENOVATION Issue Date: September 29, 2010 There will be a mandatory pre -submittal meeting at the time and place listed below. See Section 1.8 for contact information for this RFP. The Board of the CRA reserves the right to accept or reject any proposal or any part thereof or any combination of proposals and to waive any or all formalities. A mandatory Pre -Submittal meeting to answer questions concerning this RFP will be held the CRA office, 915 N. Federal Highway, Boynton Beach, FL 33435 on October 12, 2010 at 10:00 a.m. Boynton Beach CRA Contact Information: Vivian Brooks — 561-737-3256 ext. 211 Michael Simon — 561-737-3256 ext. 206 Fax: 561-737-3258 Page 1 of 27 TADEVELOPMEMADEVELOPMENT DEPT PROJECTs1CMAR RFPICMAR RFP.doc 1.0 REQUEST FOR PROPOSAL REQUIREMENTS The Boynton Beach Community Redevelopment Agency (CRA) is accepting proposals for the selection process to enter into a contract with a Construction Manager at Risk (CMAR) firm to provide a Guaranteed Maximum Price (GMP); and perform complete construction services consistent with a construction delivery process for the following projects (hereinafter referred to as Project): 1. Ocean Avenue Amphitheatre 2. Boynton Harbor Marina Entry Area 3. Relocation and Renovation of the Jones Cottage This document provides information for interested parties to prepare and submit a response to this Request for Proposal (RFP) for consideration by the CRA. PROPOSERS ARE ADVISED TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS IN STRICT ACCORDANCE WITH THE SECTION NUMBERING SHOWN IN SECTIONS 2.0 AND 3.0 OF THIS RFP. 1.1 General Information The RFP provides the information necessary to prepare and submit qualifications, fee proposals, and general conditions prices for Construction Manager at Risk services. The CRA will rank the Proposers in the order that they provide the "best overall value" for the CRA based on the selection criteria set forth in Section 1.12. 1.2 Interviews of Proposer Firms Following the CRA's evaluation of the proposals for further evaluation, prior to negotiations, interviews may be conducted at the CRA's option. The CRA reserves the right to reject any proposal for noncompliance, and to award the Project, at the CRA's sole discretion, in whole or in part to one or more Proposer firms, or to not many any award of the Project. 1.3 Scope of Project Work — See Attachment "A" Construction Documents (on disk) 1.4 Project Delivery The completion date for construction is anticipated to be no later than June 30, 2011, unless a different negotiated date is agreed upon. 1.5 Type of Contract Any contract awarded from this RFP will be ion the form negotiated with the successful proposer and in a form approved by the CRA attorney. 1.6 Definitions Page 2 of 27 TADEVELOPMENMEVELOPMENT DEPT PROJECTS\CMAR RFP\CMAR RFP.doc As used in this RFP, the terms have the meanings set forth below: 1.6.1 "Construction Management at Risk Contract" means a contract with a construction firm to provide construction services for the complete construction of the Project as described in Exhibit "A" Construction Documents.. 1.6.2 "Construction Manager" the individual, corporation, company, partnership, firm or other organization that has contracted to perform the Project work under a CMAR Agreement with the CRA. 1.6.3 "CRA" means the Boynton Beach Community Redevelopment Agency or its designated representative or agent. 1.7 Direction and Management The work of this Project will fall under the direction and management of the CRA or its designated representative or agent. 1.8 Contacts Questions regarding this Request for Proposal may be directed to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Development Director 915 S. Federal Highway Boynton Beach, FL 33435 (561) 737-3256 simonrnj2hbfl.us 1.9 Submittal Deadline The CRA will accept proposals at the location listed below until 3:00 PM November 10, 2010. It is the responsibility of the Proposer to insure that submittals are received at the designated submittal location by the Submittal Deadline. Proposals received after the submittal deadline will be returned to the Proposer unopened. 1.10 Submittal Location The Proposals must be received in the office of the CRA, 915 S. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. 1.11 Number of Copies In total, five (5) copies of the Submittals are required. One of the five Submittals is required to be an original. One copy shall be unbound to facilitate copying. Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Proposal as: Response to CMAR RFP Page 3 of 27 T:\DEVELOPMENPDEVELOPMENP DEPT PROJECTSTMAR RFP\CMAR RFP.doc Ocean Avenue Amphitheatre Boynton Harbor Marina Entry Area Relocation and Renovation of the Jones Cottage Date Issued: September 29, 2010 1.12 Selection Criteria The Proposer(s) selected to be the Construction Manager at Risk will be the firm(s) whose verified experience and qualifications, as presented in response to the RFP, reference checks, and any interviews the CRA may conduct, establish it, in the opinion of the CRA, as offering the greatest benefits, experience, and value to the CRA and the Project. The Selection Committee will review and consider the following major items throughout the selection process, but these are not listed in any particular order of importance; 1.12.1 25 Points Erience & Performance Proposer's successful time in relevant business, free from adversarial legal actions, as well as conducting successful safety, quality control, MBE/WBE, and LEED programs. Proposer's ability to keep the CRA advised of the project construction costs and schedules at all times. The CMAR will have the responsibility to advise the CRA that a design decision or user requirement is impacting budget or schedule beyond the established parameters. Proposer's ability to develop conceptual cost estimates based on Construction Documents that anticipate the types of costs associated with buildings of this type and complexity and to develop a Guaranteed Maximum Price based on Construction Documents. Finally, the Proposer's ability to perform the subcontractor buyout based on the GMP. 1. 12.2 25 Points: Staffin¢ Proposer's appropriate staff qualifications during the Construction phases under Construction Manager at Risk construction delivery process. Proposer's capability and ability to successfully interact with the CRA and/or the CRA representative or agent. 1.12.3 35 Points: Pricing Competitive cost and fees associated with Project delivery using the Construction Manager at Risk process. Proposer's ability to produce a timely Guaranteed Maximum Price that is within the amount Available for Construction Contract. Proposer's ability to perform the labor, material and subcontractor buyouts within the established GMP. Page 4 of 27 TADEVELOPMENTIDEVELOPMENT DEPT PROJECTSICMAR RFPICMAR RFP.doc 1. 12.4 15 Points: Interviews Interviews, if required, to further expand on the qualifications and pricing information provided in the Proposer's response to this RFP. 1.12.5 Proposers are not required, nor encouraged, to provide narrative descriptions of how the Proposer intends to achieve or perform the items as organized above. Rather, Proposers should provide the information specified in Sections 2.0 and 3.0 related to the above. Proposers past performance of these items will be determined by the CRA from reference checks and interviews when required. 1.13 Proposer's Acceptance of Evaluation Methodology A submission of qualifications and pricing proposals in response to this RFP indicates Proposer's acceptance of the CRA's evaluation techniques set forth herein and the recognition that subjective judgment suits be made by the CRA during the evaluation process and in its final selection. 1.14 Public Information Statement The CRA considers all information, documentation and other material submitted in response to this solicitation to be of non -confidential and/or non-proprietary nature and therefore subject to public disclosure under Chapter 119 of the Florida State Statutes. 1.15 Clarifications and Interpretations 1.15.1 Answers to Questions Proposers are required to restrict all contact and questions regarding this RFP to the named individual(s) listed in 1.8. Contacts. All such requests must be submitted in writing, no later than five (5) business days prior to the Submittal Deadline. Submit questions no later than 12:00 p.m. (noon) on November 5, 2010. 1.15.2 Clarifications or Interpretations Any clarifications or interpretations of this RFP that materially affect or change its requirements will be issued by the CRA or its representative as an addendum. All such addenda issued by the CRA before the Proposals are due, are part of the RFP, and Proposers shall acknowledge receipt of and incorporate the requirements of each addendum in its Proposal by completing and including in their response package Attachment `B" Addenda Acknowledgement. 1. 15.3 Addenda Page 5 of 27 TADEVELOPMENrOEVELOPMENT DEPT PROJECTSICMAR RFPICMAR RFP.doc Proposers shall consider only those clarifications and interpretations that the CRA issues by addenda at least three (3) business days prior to the Submittal Deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the CRA and should not be relied upon in preparing the Proposal. 1.16 Obligations of Parties 1.16.1 Assumed Requirements Proposer understands and acknowledges by submitting a Proposal that the Proposal presented is based on assumed requirements for the proposed Project; and, that the CRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from the presented Proposal. Proposer is required to qualify all assumptions it makes. 1.16.2 Costs of Proposal Submission Furthermore, Proposer understands and acknowledges by submitting a Proposal that any and all costs incurred by the Proposer as a result of the Proposer's efforts to participate in this selection process shall be at the sole risk and obligation of the Proposer. 1. 16.3 Reimbursement The CRA will not provide compensation to Proposers for any expenses incurred for proposal preparation or for any presentations made. 1.16.4 Award of Contract The CRA makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the CRA's best interest. Representations made within the Proposal response will be binding on responding firms. 1.17 Completeness of Proposal 1.17.1 Completeness Proposer should carefully read the information contained herein, the totality of which shall govern the Construction Services. It is the responsibility of the Proposer to submit a complete response to all requirements and questions. Page 6 of 27 T-\DEVELOPMENMEVELOPMENT DEPT PROJECTSICMAR RFP\CMAR RFP.doc 1. 17.2 Conditional Clauses Proposals which are qualified with conditional clauses, or alterations, or items not called for in the RFP documents, or irregularities of any kind are subject to disqualification at the option of the CRA. 1.17.3 Clari Each Proposal should be prepared simply and economically, providing a straightforward, concise description of the firm's ability to meet the requirements of the RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the CRA's needs. 1.17.4 Compliance Failure to comply with the requirements contained in the RFP may cause rejection of the Proposal. 1.17.5 Rejection Proposals submitted after the Submittal Deadline will be returned unopened. 1.18 Withdrawal or Modification A Proposal may be withdrawn and resubmitted any time prior to the time set for receipt of Proposals. Outside of the approved negotiation process, no Proposal may be changed, amended, or modified after the Submittal Deadline. No Proposal may be withdrawn after the Submittal Deadline without approval of the CRA which shall be based on Proposer's written request stating reasons for withdrawing the proposal that are acceptable, in the CRA's sole discretion. 1.19 Ownership of Proposals Proposals and any other information submitted by Proposer's shall become the property of the CRA; however, the CRA may return all other Proposal information, upon written request, once a contract award is made. All "techniques bids" or other deviations from the pricing requested must be submitted as alternates and will be considered only if the proposal pricing information requested by CRA is provided. 1.20 Validity Period Proposals are to be valid for the CRA's acceptance for a minimum of 90 days from the submittal deadline date to allow time for evaluation and selection. A Proposal, if accepted, shall remain valid for the life of the Contracts resulting from this selection process. Page 7 of 27 V DEVELOPWE MDEVELOPNHW DEPT PROJEC MCMAR RFPICMAR RFP.doc 1.21 No Response Firms wishing to submit a "No -Response" are requested to complete Attachment "C" Statement of No Response. Such a response will in no way disqualify or limit any future bids or proposals from the firm. 1.22 Proposer Acknowledgement and Compliance Certification Proposal shall complete and include a signed Proposer Acknowledgement and Compliance Certificate exactly as shown in Attachment "D" Proposer Acknowledge and Compliance Certificate. 1.23 Tentative Schedule of Actions 1.23.1 Release of RFP 1.23.2 Pre -Submittal Meeting 1.23.3 Proposal Submittal Deadline 1.23.4 Complete Evaluation of Submittals 1.23.5 Interview of Short -Listed Firms 1.23.6 Internal Recommendation 1.23.7 CRA Takes Action on Award 1.24 Execution of Agreement September 29, 2010 October 12, 2010, 10:00 am November 10, 2010, 3:00 pm November 26, 2010 November 30, 2010 December 3, 2010 December 14, 2010 1.24.1 Offer of Contract Upon selection of the successful Proposer by the CRA, the CRA will extend to said Proposer an offer to enter into a Construction Manager at Risk Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and proposals identified by the Contractor in its Proposal and accepted by CRA in negotiations. 1.24.2 CRA's Right to Withdraw In the event the successful Contractor fails to return an executed contract, and can identify to the CRA in writing negotiated terms that were omitted, the CRA reserves the right to withdraw its offer to enter into a contract with the Proposer. 1.25 Proposal Format 1.25.1 Content Proposals shall consist of Responses (certifications, answers to questions, and information) to requirements and questions identified in Sections 2.0 and 3.0 of this RFP. Please reference the Section number at the top of the page of your corresponding response. Page 8 of 27 TADEVELOPMENT\DEVELOPMENT DEPT PROJECTSICMAR RFP\CMAR RFP doe 1.25.2 Conditional Responses Responses that are qualified with conditional clauses, alterations, items not called for in the RFP, or irregularities of any kind are subject to rejection by the CRA. 1.25.3 Additional Information Except for alternate or technique bids, additional attachments shall not be included in the Response. Only the Responses provided by the Proposer to the questions identified in Section 3 of this RFP will be used by the CRA for evaluation. 1.25.4 Table of Contents Include a Table of Contents that provides page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the section so the Proposal. Attachments shall also be listed in the Table of Contents. 1.25.5 Page Size and Binders Proposals must be 12 -point fond on letter size paper. Five (5) copies of the Submittals are required. All copies of the Proposals, including the original, shall be unbound but clipped together. One (1) digital copy of the Proposal on CD/DVD in PDF format is required. The cover of the Proposal must clearly show the project, as well as the name and return address of the Proposer. 1.25.6 Divider Tabs Divider tabs should be used to separate the different sections of the Proposal. 1.25.7 Pagination All pages of the Proposal shall be numbered sequentially in Arabic numerals (1, 2, 3, etc.) is required. 1.26 Public Entity Crimes 1.26.1 Legal Requirements Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 1.26.2 Public Entity Crimes Page 9 of 27 TADEVELOPMENMEVELOPMENT DEPT PROJECTMMAR RFPICMAR RFP.doc All invitations to proposal as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described in Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2) (a) of Section 287.133, Florida Statutes, Attachment "E" Public Entity Crimes Statement. 2.0 PROPOSER QUALIFICATIONS 2.1 General Directions Prolloser's Qualifications Responses — Responses to the following are to be provided EXACTLY with the item, paragraph and section numbers shown hereinafter,_ Qualification information submitted shall be applicable only to the company entity or branch that will perform this Work. Proposers are required to submit a complete response to each requested item that follows. Responses requiring additional space should be incorporated in to the Proposal as an attachment with reference by item number as listed in the following sections. 2.2 Proposer's Location and Registration Name: Street Address: Mailing Address: City, State, Zip: Telephone No.: Email Address of Contact Person: Federal Identification No.: Fax No: State of Incorporation & Registration No.: If not a corporation, explain your status: 2.3 Proposer's History 2.3.1 Proposer's Ownership Status Page 10 of 27 TADEVELOPMENTIDEVELOPMENT DEPT PROJECTS\CMAR RFP\CMAR RFP.doc Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organization and management efforts. 2.3.2 Age of Organization In continuous business since: 2.3.3 Leadership List Corporate Officers, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract, defaulted or failed to complete and the reasons why. 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, paid liquidated damages and the reasons why. 2.3.6 Legal Actions List all civil and criminal legal actions in which your organization was a named party currently or in the past five (5) years, providing state, case number and disposition for each. 2.3.7 Projects Underway Provide total number and dollar amount of contracts currently in progress by the organization proposing to this RFP. 2.3.8 Five Year Volume of Work List name of projects, type of projects and dollar value of each project for the past five (5) years. 2.3.9 Safety History 2.3.8.1 Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last five years as obtained from your insurance agent. 2.3.8.2 Safety Record Complete the table titled "Safety Record" as show in Attachment "F" Safety Record. Use a percentage of employee's direct hire fixed work hours rounded to nearest 1,000's. 2.4 Fiduciary Responsibility Page 11 of 27 TADEVELOPMENMEVELOPMENT DEPT PROJECTSICMAR RFPICMAR RFP.doe Describe your fiduciary responsibility as a Construction Manager at Risk for publicly funded projects. 2.5 Organization and Project Personnel Qualifications 2.5.1 Organization 2.5.1.1 Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on-site phase with names of individuals who will perform the on-site functions of Construction Manager, Cost Control, Scheduling, Submittals, Management, and Quality Control. If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5.1.2 Home Office Direct Support During the Construction Phase Provide an organizational chart with names of individuals who will perform those functions in direct support of the Proposer's on-site team, but located in the home office. If individuals are not full time, indicated the estimated percentage of time dedicated to the Project. 2.5.2 Resumes Provide resumes for each individual named in sections 2.5.1.1 and 2.5.1.2. The resumes of your key personnel shown on the following organization charts shall include professional affiliations such as membership in the American Institute of Constructors. 2.6 Relevant CMAR Experience Relevant experience of projects in which Proposer performed Construction Manager at Risk services as outlined in this RFP are to be listed in the table shown in Attachment "G" Statement of Relevant CMA.R Experience. Proposers are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as "N/A" are not acceptable. If the information required in the column heading is considered "not applicable" or "not available" for particular project listed, then list another project where the information is applicable and available. Projects listed should be as close as possible to the scope of the projects for this RFP. For each project listed in this table where Proposer self performed any construction trade, provide a separate table, listing the trades(s) provided. 2.7 Narrative of "Best Qualified" Proposer shall provide a brief narrative outlining why the Proposer's organization is the best qualified to perform the services outlined in this RFP. Page 12 of 27 T:IDEVELOPM&NPDEVELOPMENT DEPT PROJECTSTMAR RFPICMAR RFP,do;- 2.8 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Proposal and note it in your Proposal Table of Contents. 2.9 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with building inspectors. 2.10 Schedule Achievement Program Provide a time schedule for completion of the Project and describe what techniques are planned to assure that the schedule will be met. 2.11 M/WBE Program All Proposers must submit a written and signed statement indicating a willingness to make a good faith effort to utilize minority and women -owned businesses in the construction of the Project. 2.12 Subcontractors If a Proposer subcontracts any portion of the Project for any reason, the Proposer must state the name and address of the Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors", Attachment "H" Schedule of Subcontractors. CRA reserves the right to accept or reject any or all proposals wherein a Subcontractor is named, and to make the award to the Proposer, who, in the opinion of CRA, will be in the best interest of and/or most advantageous to CRA. CRA. also reserves the right to reject a proposal of any Proposer if the proposal names a Subcontractor who has previously failed in the proper performance of an award or failed to deliver Contracts of a similar nature on time, or is not in a position to perform properly under this award. The CRA reserves all rights in order to make a determination as to the foregoing. Proposer shall include in their Proposal a statement that if selected to enter into a Construction Phase Contract, that they shall periodically throughout the term of the Contract, provide the CRA an updated list of all subcontractors working on the Project. 2.13 Drug -Free Workplace Certification In accordance with Florida Statute 287.087, the bidder shall certify that it has and will maintain a drug-free workplace. The bidder shall complete and submit with its bid proposal the attached certification, Attachment "I" Drug Free Workplace Page 13 of 27 TADEVELOPMENTOEVELOPMENf DEPT PROJECTSICMAR RFPICMAR RFP.doc Certification. Failure to include an executed certification may cause the bid proposal to be considered non-responsive. 3.0 PRICING AND COSTS 3.1 Construction Services Price Proposal and Related Costs This price proposal shall be provided exactly in the format shown in Attachment " J" Proposal. The scope of the Construction Manager's Work consists of the totality of the Construction Manager's duties and obligations under the Contract Documents. 3.2 Labor Rates Provide Schedule of Labor Rates for all personnel (and consultants, if any) providing Construction Services. 3.3 Self Perform Identify all work your firm would propose to self -perform for this program in recognition that such work would be competitively bid and awarded at the CRA's sole discretion. 3.4 Proposal Bond Provide a letter from your bonding company that indicates your firm's current bonding limit and rating. Complete and include Attachment "S" Proposal Bond. Do not include bond costs in your fee or General Conditions. 3.5 Cost Reporting Provide samples of cost reporting formats that you have used successfully on similar projects. Page 14 of 27 ATTACHMENT "A" CONSTRUCTION DOCUMENTS (Request for Proposal documents, construction plans and specifications must be obtained from the CRA office located at 915 S. Federal Highway, Boynton Beach, FL 33435.) Boynton Beach Community Redevelopment Agency 15 Ocean Breeze West Site Development ATTACHMENT "B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to this RFP by entering YES or NO in the space provided and indicating date received. Enter "0" if no addenda are issued by the CRA. No.l Date No.2 Date No.3 Date No.4 Date Proposer's Signature Title Boynton Beach Community Redevelopment Agency 16 Ocean Breeze West Site Development ATTACHMENT "C" STATEMENT OF NO RESPONSE If you are not submitting a proposal on this service/commodity, please complete and return this form to: Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Vendor/Company Name: Mailing Address: City: Telephone Number: (_—) Vendor Signature: Date: State: Zip: Fax Number: WE, the undersigned, have declined to respond to your Proposal for the CONSTRUCTON MANAGEMENT AT RICK CONTRACT WITH GUARANTEED MAXIMUM PRICE because of the following reasons: Specifications too "tight" (i.e., geared toward brand or manufacturer only (specify/ explain below). Insufficient time to respond to the Invitation to Proposal. We do not offer this product or an equivalent. Our product schedule would not permit us to perform. We are unable to meet specifications. We are unable to meet bond requirements. Specifications unclear (explain below). Other (specify/explain below). REMARKS: Boynton Beach Community Redevelopment Agency 17 Ocean Breeze West Site Development ATTACHMENT "D" PROPOSER ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Proposals Boynton Beach Community Redevelopment Agency To: 915 South Federal Highway Boynton Beach, FL 33435 Release Date: September 29, 2010 Project Title: CMAR WITH GUARANTEED MAXIMUM PRICE -OCEAN AVENUE AMPHITHEATRE -BOYNTON HARBOR MARINA ENTRY AREA -RELOCATION AND RENOVATION OF JONES COTTAGE (Project) Proposal Received November 10, 2010. Proposals must be received in their entirety by the By: Boynton Beach CRA no later than 3:00 p.m. (local time). Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. Proposal receiving date and time is scheduled for November 10, 2010, NO LATER THAN 3:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this proposal shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton Beach. Name of Vendor: Federal I.D. Number: A Corporation of the State of. Telephone Number: (---) Mailing Address: City: Vendor Mailing Date: Fax Number: L� - State: Zip: Authorized Signature Name (Printed or Typed) Boynton Beach Community Redevelopment Agency 18 Ocean Breeze West Site Development ATTACHMENT "E" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a proposal on a contract or provide any goods or services to a public entity; submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; submit proposals on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Title Boynton Beach Community Redevelopment Agency 19 Ocean Breeze West Site Development ATTACHMENT KF" SAFETY RECORD 2009 2008 1. Number of Injuries and Illnesses 2. Number of Lost Time Accidents 3. Number of Recordable Cases 4. Number of Fatalities Number of Direct Hire Fixed S. Hours Worked Signature Title Subscribed and sworn to before me. This day of , 20 My Commission Expires: 2007 2006 2005 Boynton Beach Community Redevelopment Agency 20 Ocean Breeze West Site Development 1. 2. 3. 4. 5. 6. ATTACHMENT "G" STATEMENT OF CMAR EXPERIENCE Name of Proposer: _ Business Address: When Organized: Where Incorporated: How many years have you been engaged in the contracting business under the present firm name? General character of work performed by your company: years 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of Employees: 9. Background and experience of principal members of your personnel (including officers). 10. Bonding Capacity: 11. Have you ever defaulted on a contract? If so, where and why? * Yes — No 12. Experience in performance: ro'ect S Value Contact Name Phone # S S Boynton Beach Community Redevelopment Agency 21 Ocean Breeze West Site Development ATTACHMENT "H" SHEDULE OF SUBCONTRACTORS Proposers are to submit a detailed listing of any Subcontractor(s) participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CMAR Boynton Beach Amphitheatre Boynton Harbor Marina Entry Area Relocation and Renovation of the Jones Cottage Issuance Date: Proposers Name: Name/Address/Phone of Subcontractor Type of Work to be Performed Dollar Amount % of Total Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Boynton Beach Community Redevelopment Agency 22 Ocean Breeze West Site Development ATTACHMENT `°I" DRUG-FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug-free workplace programs. Whenever two (2) or more proposals, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Title Boynton Beach Community Redevelopment Agency 23 Ocean Breeze West Site Development ATTACHMENT "J" PROPOSAL Project Title: CMAR -OCEAN AVENUE AMPHITHEATRE -BOYNTON HARBOR MARINA ENTRY AREA -RELOCATION AND RENOVATION OF JONES COTTAGE (Project) Name of Proposer: We propose and agree, if this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, in the Contract Form as attached and incorporated into the Request for Proposal, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract Documents. Having studied the documents prepared by: VHB and REG and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Proposer agrees to accept as full payment for the Project. GRAND TOTAL: $ and (amount written in words has precedence) Dollars Cents The undersigned Proposer agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter. Original and six (6) copies of proposal submitted. Attached is a computer-generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted. Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, Boynton Beach Community Redevelopment Agency 24 Ocean Breeze West Site Development covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The Proposer, by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised that in the event that the Proposer contests the award of this Project to another Proposer, the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer. Date Name of Proposer, Corporation, Firm or Individual By: Signature Printed/Typed Name Title Telephone Number Florida Contractor's License Number: Boynton Beach Community Redevelopment Agency 25 Ocean Breeze West Site Development ATTACHMENT "K" PROPOSAL BOND STATE OF COUNTY OF KNOWN ALL MEN BY THESE PRESENTS, that as Principal, and , as Surety, authorized to do business in the State of Florida are held and firmly bound unto the Owner, Bo3=n Beach Community RedeveloRment A eg ncv_ in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITON OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal, dated , 2010, for: NOW THEREFORE, A. If the Principal shall not withdraw said Proposal within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said Proposal within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Proposal and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. This bond is given to comply with Section 255.05, Florida Statues, and any action instituted by any claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statues. Boynton Beach Community Redevelopment Agency 26 Ocean Breeze West Site Development (Proposal Bond Continued) IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several Seals this day of , 20_, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: Name of Firm WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are required.) (If Corporation, Secretary only will attest and affix Seal.) Witness Signature Witness Signature Signature of Authorized Officer (Affix Seal) Title Business Address City and State SURETY: Corporate Surety WITNESS: Of sole Ownership or Partnership, two (2) Witnesses are required.) (If Corporation, Secretary only will attest and affix Seal.) Witness Signature Attorney -in -Fact (Affix Seal) Name of Local Insurance Agency Business Address City and State Boynton Beach Community Redevelopment Agency 27 Ocean Breeze West Site Development Attachment 2 AMA PRICING CLARIFICATIONS December 14. 2010 � e Wortf HQh School - - Ocean Avenue � 6 ' Amphitheatei Boynton Harbor h.ey V1esi Airport ParKlnO UeO Marina Entry Area Relocati on/Renovati Oil of Jones Cottage PS(I Health Nowa r,.,,. Aomw Bial - I - I e I !4•o.vaic CO;1VGnt1p^ Ch Pa�kutg G7n1ga Ff Pierce Magnet School MORGANTI 1450 Centrepark Blvd., Suite 260 West Palm Beach Fl. 33401 Ph (561) 689-0200 Fx (561) 689-1333 www mnrganticm.com BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Cost Breakdown - Harbor Marina Entry DIVISION 2 Demolition $5,000.00 Surveying $1,000.00 Earthwork/Pavers/Walks $36,000.00 Fencing $33,000.00 Landscaping & Irrigation $95,000.00 Total: DIVISION 3 Concrete DIVISION 4 Masonry & Caststone DIVISION 5 Misc. Metals DIVISION 6 Framing & Millwork DIVISION 7 Roofing DIVISION 8 Windows & Access Door DIVISION 8 Stucco & Painting DIVISION 10 Signage $5,000.00 Aluminum Shutters $2,000.00 Total: DIVISION 11 DIVISION 12 DIVISION 13 DIVISION 14 DIVISION 16 DIVISION 16 Electrical General Conditions and Project Management CHAR Fee $170,000 $73,000 $20,000 $14,000 $6,000 $5,000 $1,000 $11,000 $10,000 $0 $0 $0 $0 $0 $46,000 $47,000 $15,000 TOTAL: $418,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Cost Breakdown- Jones Cottage DIVISION 2 Stucco & Drywall $11,200.00 Demolition $60,000.00 Surveying $1,000.00 Earthwork $11,000.00 Paving & Curbs $50,000.00 $20,000 DIVISION 10 Utilities $20,000.00 Fencing $4,000.00 Landscape & Irrigation $34,000.00 Bike Racks & Benches $5,000.00 Total: $185,000-00 DIVISION 3 Concrete $35,000 DIVISION 4 Masonry $20,000 DIVISION 6 Steel Framing $20,000 DIVISION 6 Carpentry/Framing & Millwork $68,000 DIVISION 7 Caulking $7,000 DIVISION 8 Doors & Hardware $7,000.00 $28,000 DIVISION 9 HVAC $23,000.00 TOTAL: $637,000 Stucco & Drywall $11,200.00 Flooring $4,000.00 Acoustical Ceiling $800.00 Painting $4,000.00 Total: $20,000 DIVISION 10 Signage $2,000.00 Specialties $6,000.00 Awning $10,000.00 Total: $18,000 DIVISION 11 $0 DIVISION 12 $0 DIVISION 13 $0 DIVISION 14 $0 DIVISION 16 Plumbing $7,000.00 HVAC $23,000.00 Total: $30,000 DIVISION 16 Electrical $40,000 General Conditions and Project Management $51,000 CMAR Fee $15,000 TOTAL: $637,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Cost Breakdown - Ocean Ave Amphitheatre DIVISION 2 Demolition Pavers Fencing Landscaping Total: DIVISION 3 Concrete DIVISION 4 Masonry DIVISION 5 Stair/Railing/Gate DIVISION 6 DIVISION 7 Damp Proofing DIVISION 8 Doors & Hardware DIVISION 9 Stucco Painting Total: DIVISION 10 Canopy DIVISION 11 Loading Dock Bumpers DIVISION 12 DIVISION 13 DIVISION 14 Wheelchair Lift DIVISION 16 Plumbing DIVISION 16 Electrical General Conditions and Project Management CMAR Fee $18,500.00 $11,000.00 $6,500.00 $4,000.00 $5,000.00 $3,000.00 $40,000 $40,000 $6,000 $5,000 $0 $1,000 $11,000 $8,000 $78,000 $1,000 $0 $0 $17,000 $2,000 $40,000 $46,000 $14,000 TOTAL: $311,000 WD MORGANTI Harbor Marina Entry Tower Feature Cost of Construction Morganti's proposal as submitted on November 10, 2010 included an allowance for an entry sign/feature for the Marina entry project. The details provided in the revised drawings received December 2, 2010 dated 9/6/2010 have caused us to adjust the sequencing and staffing of the three projects, this in tum has allowed us to keep our original overall price for the three projects unchanged. Please refer to the 16 division breakdown for all three projects also included with this sheet. Bringing you a WORLD of experience t n 11 "LA DATA SHEET This award consists of Pre -Construction & Construction for a variety of airport facilities and systems covering all 4 county airports: Palm Beach International Airport, North Palm Beach Aviation Airport, Palm Beach County Glades Airport (Pahokee) and Palm Beach County Park Airport (Lantana). PROJECTS UNDER CONTRACT TO DATE: ■ PBIA Maintenance Compound Bldg D, B, E ■ Glades Airport Hangar Rebuild f FBO Bldg • PBIA Apron A Expansion Utility Relocation • North County Airport HVAC Renovation I Repair • PBIA Duct Bank Expansion These projects required construction within or directly adjacent to fully operational airport facilities demanding strict adherence to operational procedures and safety standards. PROJECT TEAM Gerry Kelly - Sr. VP US Operations James Peace - Operations Manager Stephen Sines - Sr. Project Manager Matthew Marks - Project Manager Scott Taylor - Asst. Project Manager Imad Nahas - Project Coordinator Joe Capraro - Sr. Project Superintendent Barry McGee - Project Superintendent Augie Aresta - Asst. Superintendent WV" - fl" 0� u2 flti c01T"1 bringing you a WORLD of experience MORGANTI Lantana Drivers License Office Renovation This 4,000sf interiorlexterior renovation of the Lantana Drivers License Office involved asbestos abatement, interior demolition, new fire alarm system, making the restrooms ADA compliant, new server farm location, interior finishes, exterior painting, awnings and bahama shutters. PROJECT TEAM Gerry Kelly - Sr. VP US Operations James Peace - Operations Manager Paul Colby - Construction Administrator Matthew Marks - Project Manager Imed Nahas - Project Coordinator Joe Capraro - Sr. Project Superintendent John Smith - Project Superintendent vvwkv nic,iyanii coni bringing you a WORLD of experience 4-1— ��;Q _ MORCANTI These continuing services projects including laboratory upgrades varying in complexity ranged in scope from $70K - $850K. PROJECTS UNDER CONTRACT TO DATE: • Dormitory Apartment Renovation -- Harbor Branch Campus • Bio Marine Research Lab / NMR — Harbor Branch Campus • Roofing Replacements - Harbor Branch Campus • Student Union Center — IRSC/FAU Joint Campus • Johnson Center — Harbor Branch Campus F, aU. • Bio Lab / Wet Lab Renovation — Jupiter Scripps Campus 14 The Jupiter Scripps Laboratory required upgrading labs with chemical resistant sinks, chemical fume hoods and casework with epoxy resin tops to the installation of wash sinks, cup -sinks, cup -holders, gas and vacuum turrets and a DI water loop tie-in. The facility featured a Vivarium "Animal Lab" space with a cage washing system, high purity water system and autoclaves. These facilities contained central HEPA once-thru air systems with HEPA to outside exhaust. The Bio -Marine Research Laboratory consisted of upgrading the chemistry lab with new chemical fume hoods, chemical resistant casework with epoxy tops, cup wash sinks, cup -holders and wash sinks. Work also included building a new space for a Nuclear Magnetic Resonance (NMR) piece of equipment. The Cell Biology Laboratory required the addition of a new space for a Cytometer/Confocal piece of equipment and a new space for two (2) laminar flow hoods, HEPA filtration for supply & return air. All of these projects required construction within or directly adjacent to fully - operational university facilities not only demanding strict adherence to procedures and safety standards but required detailed scheduling to meet the academic needs of FAU. PROJECT TEAM Gerry Kelly Vice President / Reg. Manager James Auld Vice President Dev. James Peace - Operations Manager Brian Garcia Sr. Project Manager Bob Pimenta - Project Manager Mike Stubblefield Project Superintendent Joe Mayhew - Project Superintendent Gary Gabert - Project Superintendent Kevin Erbrick - Project Superintendent W%vW.morga!Ii i t:om bringing you a WORLD of experience "`y / tr MORGANTI This continuing services contract has been awarded Morganti Group to service all southern Departn Juvenile Justice facility's l These projects require construction within or directly ad to fully operational correctional or support fa demanding strict adherence to operational procedure safety stan AFr� 'JAM SAN ROSA if JUIrFy� c Q Co oil y ;0 PROJECT TEAM Gerry Kelly James Auld James Peace Brian Garcia Joe Capraro Sr. Vice President US Operations - Vice President US Development - Operations Manager - Sr. Project Manager - Sr. Project Superintendent VdWNA' .anoraanti.com bringing you a WORLD of experience MORGANTI This continuing services contract has been awarded tc Morganti Group to service all Department of Managen Services and Department of Health facility's ne These projects require construction within or directly adja to fully operational facilities demanding strict adherent operational procedures and safety standE PROJECT TEAM Gerry Kelly James Auld James Peace Brian Garcia Joe Capraro DEPARTMENT OF MANAGEMENT SERVICES Sr. Vice President US Operations Vice President US Development Operations Manager Sr. Project Manager Sr. Project Superintendent www.morgar,ii COM bringing you a WORLD of experience � •CILiO A1�A 8 l a0M aA' AW�� nLsxu `dA LOON t J J gra Dual. A`�. TAYLOR O� kT nuaa w CIAY v Cox Q, ILT%A MZ PROJECT TEAM Gerry Kelly James Auld James Peace Brian Garcia Joe Capraro DEPARTMENT OF MANAGEMENT SERVICES Sr. Vice President US Operations Vice President US Development Operations Manager Sr. Project Manager Sr. Project Superintendent www.morgar,ii COM bringing you a WORLD of experience MORGANTI This 2 -year continuing services contract Included the renovation and addition to these 13 schools: Port St. Lucie High School - Athletic Track Garden City Elementary School - Fascia Manatee Elementary School - Gutters Southern Oaks Middle School - Renovation Morningside Elementary School - Roofing Garden City Elementary School - Roofing Dale Cassens School - Renovation Ft. Pierce Westwood High School - Renovation Floresta Elementary School - HVAC Lakewood Park Elementary School - HVAC St. Lucie High School - Locker Room HVAC Ft. Pierce Central High School - Renovation Dan McCarty Middle School - Replacement � fs� St. Lucie County Public Schools PROJECT TEAM Gerry Kelly - VP Operations / Reg. Manager Jim Auld - VP Development Steve McCarthy Project Estimator Gerrie Bolink - Project Manager www.niorganti Cola bringing you a WORLD of experience 10 0- • DATAA This award consists of Pre -Construction & Constru of facilities and systems within the distric continuing services contract was originally awarde Group as a 2 -year contract but due to perfo PROJECTS UNDER CONTRACT Ft. Pierce Magnet School Roof Replacement, Interior and Exterior Renovation Lincoln Park Academy Roof Replacement and Media Center Dan McCarty Middle School Classroom Audio Visual System Garden City Elementary Classroom Audio Visual System Weatherbee Elementary School Classroom Audio Visual System St. Lucie Elementary School Classroom Audio Visual System CA Moore Elementary School Classroom Audio Visual System Southport Middle School HVAC Upgrade /Air Handier Unit Garden City Elementary Bathroom Renovation All projects require construction within or directly adjacent to fully operational school facilities demanding strict adherence to procedures and safety standards. PROJECT TEAM Gerry Kelly Sr. VP US Operations James Peace Operations Manager Steve McCarthy - Project Estimator Brien Garcia Sr. Project Manager Bob Pimenta Project Manager Mike Buckland Asst. Project Manager Joe Capraro - Sr. Superintendent Mike Stubblefield Project Superintendent Eddie Thimm - Project Superintendent www.wcr9anti cow bringing you a WORLD of experience MORGANTI This award consists of Pre -Construction & Construction for a variety of facilities and systems within the 4 PHCC locations: New Port Richey, Dade City, Brooksville and Spring Hill Campus. CONTRACTED PROJECTS: • Campus Moisture Remediation — New Port Richey Campus • Cosmetology Lab Renovations — New Port Richey Campus • Campus VCT Replacement — New Port Richey Campus • Locker Room Renovations — New Port Richey Campus All projects require construction within or directly adjacent to fully operational school facilities demanding strict adherence to operational procedures and safety standards. PROJECT TEAM Gerry Kelly Sr. VP US Operations James Auld - Vice President Dev. James Peace - Operations Manager Steve McCarthy - Senior Estimator Tom Anderson - Project Executive Stephen Sines - Sr. Project Manager Jim Trainor - Superintendent Scott Taylor - Asst. Project Manager Linda Clements - Project Administrator www.morganti.cotn bringing you a WORLD of experience Ocean Avenue � Ahsah�, Amph*theater Boynton Harbor Marina. Entry Area Relocation/Renovation HeyV jwt A!tport t'arklnp :3e4`� � of Jones Cottage I� rr Yt 8,' 1 .p5'CtWo I the A,,,, Health pepar.,—ril Adndn.8ldg. Hrowatd Cor-wenbon Gtr Parkin 481age fl Pierce Maynel School November 10, 2010 i i MORGANTi 1450 Centrepark Blvd., Suite 260, West Palm Beach, F1 33401 Ph(561) 689-0200 Fv (561) 689-1333 www.morgantiern.com MORGANTI Table of Contents Letterof Interest............................................................................................................................... page 1 Tab1 Forms.................................................................................................................................... page 2 ■ Addenda Form "B" ■ Compliance Statement "D" ■ Public Entity Crimes Statement "E" PROPOSER QUALIFICATIONS Tab 2 Proposer's Location and Registration............................................................................... page 5 Tab3 Proposer's History ............................................................................................................... page 6 • Attachment "F" Tab 4 Fiduciary Responsibility................................................................................................... page 11 Tab 5 Organization and Project Personnel Qualifications....................................................... page 15 • Resumes Tab 6 Relevant CMAR Experience............................................................................................... page22 • Attachment "G" ■ Licenses Tab 7 Narrative of "Best Qualified"................................................................. page 25 Tab8 Safety Program.................................................................................................................. page 32 ■ Full Safety Manual (Bound Separately) Tab 9 Quality Control Program................................................................................................... page 34 ■ Full Quality Control Manual (Bound Separately) Tab 10 Schedule Achievement Program...................................................................................... page 35 • Project Schedule Tab11 M1WBE Program................................................................................................................. page 39 Tab12 Subcontractors.................................................................................................................. page 46 ■ Attachment "H" Tab 13 Drug -Fee Workplace Certification .................................................................................... page 48 ■ Attachment "1" Tab14 Pricing and Cost................................................................................................................ page 49 a. Construction Services Price Proposal and Related Costs b. Labor Rates c. Self Perform Statement d. Proposal Bond e. Cost Reporting ■ Attachment "J" ■ Attachment "K" • Bonding Letter • Cost Reporting Sample Bringing you a WORLD of experience www m o i cj a n t i. c v m ATTACHMENT "B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to this RFP by entering YES or NO in the space provided and indicating date received. Enter "0" if no addenda are issued by the CRA. No.l X Date 8110/10 No.2 X Date 10/22/10 No.3 X Date 10/27/10 No.4 X Date 10/29/10 Proposer's Signature Vice President Title Boynton Beach Community Redevelopment Agency 16 Ocean Breeze West Site Development ATTACHMENT I'D" PROPOSER ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Proposals Boynton Beach Community Redevelopment Agency To: 915 South Federal Highway Boynton Beach, FL 33435 Release Date: September 24, 2010 Project Title: CMAR WITH GUARANTEED MAXIMUM PRICE -OCEAN AVENUE AMPHITHEATRE -BOYNTON HARBOR MARINA ENTRY AREA -RELOCATION AND RENOVATION OF JONES COTTAGE (Project) Proposal Received November 10, 2010. Proposals must be received in their entirety by the By: Boynton Beach CRA no later than 3:00 p.m. (local time). Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. Proposal receiving date and time is scheduled for November 10, 2010, NO LATER THAN 3:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this proposal shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency and/or the City of Boynton Beach. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Telephone Number: Mailing Address: City: Vendor Mailing Date: The Morganti Group, Inc. 06-1149260 Florida 5( 61 ) 689 . 0200 Fax Number:5( 61 ) 689 _ 1333 1450 Centrepark Blvd., Suite 260 West Palm Beach 11/10/10 State: FL Zip: 33401 ' -- A Auth .ized Signature James Auld, Vice President Name (Printed or Typed) Boynton Beach Community Redevelopment Agency Ocean Breeze West Site Development 18 ATTACHMENT "E" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a proposal on a contract or provide any goods or services to a public entity; submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; submit proposals on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. f---D�14,tj Proposer's Signature James Auld, Vioe President Title Boynton Beach Community Redevelopment Agency 19 Ocean Breeze West Site Development MORGANTI 2.2 Proposer -s Location and Registration Name The Morganti Group, Inc. _ Street Address 1450 Centrepark Blvd., Suite 260, West Palm Beach, FL 33401 Mailing Address 1450 Centrepark Blvd , Suite 260, West Palm Beach, FL 33401 Phone Number (561) 669-0200 Fax Number (561) 689-1333 Contact Person James Auld, Vice President Contact Phone (561) 307-6790 Contact Email jauid@morganti.com Federal ID Number 06-1149260 State of Incorporation Florida Registration Number P41066 3 Bringing you a WORLD of experience v- �v k MORGANTI 2.3 Proposers History 2.3.1 Proposer's Ownership Status Is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity? If yes, please explain the impact to organization and management efforts. No 2.3.2 Age of Organization In continuous business since 1W 2.3.3 Leadership List Corporate Officers, partners or owners of your organization with titles and addresses. Nabil Takla Group President US 100 Mill Plain Road, Danbury, CT 06811 Genu Kelly Sr. VP US ODerations 1450 Centrepark Blvd., Suite 260. West Palm Beach, FL 33401 James Auld VP Development 1450 Centrepark Blvd.. Suite 260. West Palm Beach, FL 33401 If a publicly held company list Chairman of the Board, CEO and President. The Morganti Group. Inc. is not a publicly held company 2.3.4 Failure to Complete or Default List each project your organization has, on an awarded contract, defaulted or failed to complete and reasons why. The Morganti Group has never failed to opmRiete a Droj2ct. 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, paid liquidated damages and reasons why. No. the company has not paid liguidated damages on an awarded project 2.3.6 Legal Actions List all civil and criminal legal actions in which your organization was named party currently or in the past 5 years, providing state, case number and disposition for each. It is Morganti's policy to resolve issues without litigation. in the course of business The PROJECT NAME, LOCATION & OWNER DESCRIPTION OF LEGAL PROCEEDINGS, OR CITATIONS Everglades, Gator Run & Coconut Morganti Group, Inc. v. The School Board of Broward County and BRPH -Served on Grove Schools, 4/13/2003 Morgand requested an addHional $330,000 for the installation of the Broward County, FL concrete roof decks necessary to satiety Ind Ong code -required fimprooNng. BROWARD COUNTY PUBLIC SCHOOLS Status: Resolved October 2008 New Glades Central High School The Schod Board of Palm Beach County v. Morganti Group, Inc., et at. - Served Belle Glade, FL July 28, 2005 Plaintiff alleges breach of contract related to subcontractor warranty. SCHOOL BOARD OF PALM BEACH Subcontractor assumed all responsibiNty and obligations. COUNTY Status - Resolved August 2009 Key West International Airport, On or about October 6, 2008, the Occupational Safety and Health Administration of Terminal Add. & Parking Deck the U. S. Dept of labor (OSHA) issued a Citation and Notification of Penalty to, Key West, FL among others, The Morganti Group, Inc This arose from a collapse incident that MONROE COUNTY occurred around April A 2008. Status - Resolved June 2009 2.3.7 Projects Underway Provide total number and dollar amount of contracts currently in progress by the organization proposing to this RFP. Bringing you a WORLD of experience v., w w in o r 9 a n t 1. c o in 6 MORGANT! Continuing Service Gov't CMAR Up to Jan -10 State-wide f Contract Jul -10 Hernando County Health Health $2,000,000 Jan -12 Aug -11 Department Management — ---_� Jan -08 Continuing Service Aviation CMAR $4,000,000 Palm Beach County LPA Group Services Continuing Service Gov't CMAR —� Up to Jan -10 _ State-wide Department of i Contract $2,000,000 Jan -12 K-12 Juvenile Justice Continuing Service K-12 CMAR Up to $1,000,000 Jan -10 Jan -12 St. Lude County St. Lucie County School District Contract Continuing Service University CMAR Up to Jan -10 South - Florida Atlantic Contract CMAR $2,000,000 Department of Juvenile Various $1,000,000 Jan -12 Flodde University --- Continuing Service Aviation CMAR $4,000,000 Jan -08 Pafm Beach County Palm Beach County Department of Contract Cafeteria Jan -10 Hillsborough County ! CMAR Jan -11 Sep -10 Health Department Airports -_ Hernando County Health Care �—CM�ARI $11,500,000 Mar -10 Spring Hif1 FL Department of HBBlth Health Department Board Assoc. I Apr -11 _ l incotn Park K-12 _ i CMAR $16,000,000 Apr -10 Sept -t l Port St, Lucie St. Lucie County School Board Academy Indiantown Middle K-12 CMAR $13,793,000 Nov -09 indian-town Martin County School School Addition Oct -08 MetroWest Elementary K-12 CMAR Nov -10 - - Board --- 545,293,000 2.3.8 Five Year Volume of Work List name of projects, type and dollar value of each project for the past 5 years. Jun -10 Lincoln Park Academy K-12 CMAR $16,500,000 St. Lucie County Donadlo & May -11 School Board Associates Jul -10 Hernando County Health Health CMAR $11,500,000 BLDepartment of MRI Arch Group Aug -11 Department Caro — ---_� Jan -08 Continuing Service Aviation CMAR $4,000,000 Palm Beach County LPA Group Jan -11 Contract Department of Airports Jan -08 Continuing Service University CMAR $3,400,000 Florida Various Jan -11 Contract University Jan -10 Continuing Service K-12 CMAR $2,000,000 SL Lucie County Various Jan -12 Contract School Board Jan -10 Continuing Service Govt CMAR nt Of Various $2,000,000 Deartme Jan -12 Contract Menagemen Services _ Jan -10 Continuing Service Gov't CMAR $2,000,000 Department of Juvenile Various Jan -12 Contract Justice Nov -09 indiantown Middle School K-12 CMAR $13,793,000 County School Starmer Rana d Nov -10 Classroom Bldg. & Board Cafeteria Jan -10 Hillsborough County Health CMAR $2,800,000 FL Department of Woodroffe Sep -10 Health Department Care Health Architects CMAR $5,902,923 Pinellas County School Griffin Design Jan -09 Blanton Elementary K-12 Board Assoc. Aug -10 School Jan -09 Plumb Elementary School K-12 CMAR $4,350,000 Board s County SchoolGriffin Aug-10 _ -- $14,396,400 Orange County Public Starmer Ranakl- i - Oct -08 Palm Lake Elementary K-12 CMAR Schools Aug -10 School Oct -08 MetroWest Elementary K-12 CMAR $15,664,712 Orange County Public Starmer Ranal i Bringing you a WORLD of experience w w w in o r g a n a i (, 0 m MORGANII Aug -10 School Schools Dec -08 Entrance Gateway and University CMAR $8,400,000 Hillsborough Wilder Architects Dec -09 Science/Administration Community College Building Renovation Nov -09 Murray Middle School K-12 CMAR $730,000 Martin County Starmer Ranaldl Jan -10 Ph Ill Chiller Plant School Hoard Jan -09 Bay Vista Elementary K-12 CMAR $3,282,479 Pinellas County School Griffin Design Jan -10 School Board Assoc. Jan -09 Lynch Elementary School K-12 CMAR $5,920,526 Pinellas County School Griffin Design Jan -10 Board Assoc. Jun -06 Key West International Aviation CMAR $31,613,533 Monroe County Board URS Sep -09 Airport of County Commissioners Nov -07 Palm Beach County Health CMAR $19,270,000 FL Department of MGE Architects Jun -09 Health Department Care Health May -08 Apollo Beach Elementary K-12 CMAR $3,058,104 Hillsborough County McKenna Architects Apr -09 School School Board Apr -07 DW Waters High School K-12 CMAR $1,600,000 Hillsborough County Wilder Architects Apr -09 School Board Jan -08 Continuing Service University CMAR $100,000 Pasco-Hemando Various Jan -09 Contract Community College Jan -08 Apollo Beach Elementary K-12 CMAR $3,058,104 HUlsborough County McKenna Architects Deo -08 School Renovation School Board Jul -07 Rodgers Middle School K-12 CMAR $1,523,590 Hillsborough County Holmes & Hepner Oct -08 School Board Jul -07 Riverview High School K-12 CMAR $3,579,051 Hillsborough County Holmes & Hepner Oct -08 School Board Jul -07 Collins Elementary School K-12 CMAR $2,576,051 Hillsborough County The Architectural Oct -08 School Board Practice Jul -07 Summerfield Elementary K-12 CMAR $2,383,614 Hillaborough County The Architectural Oct -08 School School Board Practice Jun -08 Belle Witter Elementary K-12 CMAR $1,520,000 Hillsborough County Carruthers Aug -08 School School Board Associates Jun -08 Ancillary Office Building K-12 CMAR $1,826,679 Hillsborough County The Architectural Aug -08 Ph 11 School Board Practice May -07 Citrus drove Elementary K-12 CMAR $23,320,000 Martin County Harvard Jolly Jul -08 School School Board Architects Jun -07 Murray Middle School K-12 CMAR $8,954,000 Martin County Stermer Ranaldi Jui-08 Ph II Classroom Addition School Board Aug -07 Ancillary Office Building K-12 CMAR $3,489,344 Hillsborough County The Architectural Dec -07 Ph I School District Practice Aug -06 Samuel S. Gaines K-12 CMAR $37,782,000 St. Luce Public Donedlo & Jul -07 K-8 Academy Schools Associates Jun -06 Sadler Elementary School K-12 CMAR $14,182,000 Orange County Public CTHsu Architects Jun -07 Schools Dec -05 Jupiter Christian School K-12 CMAR $9,650,000 Jupiter Christian Schwab, Twitty, Jan -07 Classroom Building School Hanser Addition Murray Middle School K-12 CMAR $6,979,000 Martin County Starmer Ranaldi Deo -08 Ph i Cafeteria School Board Bringing you a WORLD of experience w w w. m o r 9 a n t I. c o m 8 MORGANTI Dec -05 Indian Ridge School and K-12 DIB $23,680,807 School District of Palm SchenkelShultz Nov -06 Turing Points Academy Beach County Apr -06 Marathon Regional Airport Aviation CMAR $3,718,026 Monroe County Board Wilder Architects Nov -06 Hurricane Renovation/ of County Generator Building Commissioners Aug -04 JD Parker Elementary K-12 CMAR $16,322,000 Marg County Harvard Jolly Deo -05 School School Board Cieese Toppe 2.3.9 Safety History 2.3.8.1 Worker's Compensation Rate list your organization's Worker Compensation Experience Modification Rate (EMR) for the last 5 years as obtained from you insurance agent. 2009 2008 2007 2006 2005 1. Experience Modification Rate (EMR) .77 .68 .72 .79 --.94 2.3.8.3 Safety Record Complete the table titled "Safety Record' as shown in Attachment "F" Safety Record. Use a percentage of employee's direct hire fixed work hours rounded to nearest 1,000's. - 9 Bringing you a WORLD of experience w w w. m o r g a n t i, c o in MORGANII ATTACHMENT "F" SAFETY RECORD 2009 2008 2007 2006 2005 1. Number of injuries and Illnesses 0 0 0 0 1 2. Number of Lost Time Accidents 0 0 0 0 1 3. Number of Recordable Cases 0 0 0 0 0 4. Number of Fatalities 0 0 0 0 0 S. Number of Direct Hire Fixed Hours Worked 210,00 287,000 283,000 323,000 192,000 ��.�Ja�n"qAul�d nature Vice President Title Subscribed and sworn to before me. This 5th day of November , 2010 l My Commission Expires: MARu o. CA" tocomusslorlrw9"s EXPIRES: 2014 6oeded Tdu Nadry PdAe unO,a Bringing you a WORLD of experience w w w. m o 1 9 a n t i. (, u in 10 WI D MORGANTI 2.4 Fiduciary Responsibility Describe your fiduciary responsibility as a Construction Manager at Risk for publicly funded projects. Essential to the success of any Construction Management at Risk project is the proven effectiveness of a good cost control program requiring the accumulation of accurate cost estimates. As the CM carrying the ultimate fiduciary responsibility for each project, Morganti takes seriously the evaluation of building systems, construction techniques and materials from the project onset to be integrated into our Pre - Construction and Estimating process. This evaluation effort, tested on 84 Morganti projects completed under the CMAR delivery method, has not only resulted in Morganti's record of never completing a CMAR project over -budget or beyond -schedule, but has delivered nearly $25 million in savings retuned to these projects through Value Engineering, Sales Tax Savings Program and returned Owner Contingency, all benefits of utilizing Morganti and the CMAR delivery method. COST MANAGEMENT Morganti's estimating department to ensure that every dollar will be well spent and the project budget contained. This is accomplished through: Pra.Cnnstrur_Snn Phase • Conceptual Planning _ ■ Cost Estimating • Value Engineering ■ Design Development Design Document Review Construction Phase — • Subcontractor Mena ement ■ Change Order Request Systems ■ Detailed Cost Reports When estimating the larger trades, like found in Divisions 15, 16 & 17, Morganti relies heavily on subcontractor participation. These divisions have the largest fluctuation in price due to material availability causing prices to change often and drastically. Who knows their product better than the subcontractor. Their knowledge base is a very valuable asset to any project. By soliciting many bids for each of these divisions Morganti also reaps the benefit of having many eyes reviewing plans for constructability and accuracy. SYSTEMS / MATERIALS EVALUATION Our approach to the evaluation of building systems, construction techniques and materials is based on a matrix approach as indicated by the information shown below. This effort is integrated into our Pre - Construction and Estimating procedures and is implemented in conjunction with the Architect's design activities. This evaluation effort occurs in tandem with our standard Value Engineering process for every project and continues throughout the Pre -Construction process and at every design milestone (ie: conceptual, 30%,60%, etc.) Bringing you a WORLD of experience v, w w III o 1 g a 11 1' c a 111 The evaluation of the various components, in order to achieve maximum efficiency, should result in true value management and not simply be limited to cost and/or scope reductions. The end result should be achieved without affecting quality, building aesthetics or function. Due to the experience level of our Pre - Construction Team Morganii is able to deliver effective analysis that will ensure the integrity of the project while simultaneously working towards the submittal of an acceptable (GMP) Guaranteed Maximum Price. ki GUARANTEED MAXIMUM PRICE PREPARATION GMP preparation is at the center of Pre -Construction activities. It must be executed properly and it's planning must be implemented in a detailed manner at the earliest stage possible. Development of the GMP is a complex process that relies on incrementally complete levels of design documents for which cost estimates are provided by the Construction Manager. For each plateau (30%. 60% & 100%) of completeness, a cost estimate is prepared and at the 100% stage, design documents are released and used as a basis for Bid Packages that the CM prepares for various portions of the work. The graphic above represents a flow chart of typical GMP activities. Design Review and Analysis: Morganti provides options analysis during the programminglpianning stages and during the design development stage. Morganti approaches options analysis similar to value engineering as many final options decisions are decided by analyzing cost impact to the project. We analyze numerous areas such as project site Infrastructure, structural systems, wall finishes, roofing systems, and electrical components. Morgentr a staff will meet with the selected architect to discuss the design issues, systems and scheduling needs. Value engineering meetings will be held to address major components of the design prior to the start of the design drawhngs. A thorough review of the design documents for adherence to the program and budget will be conducted at each stage of the design. Life Cycle Cost Analysis: The subject of life cycle cost analysis is generally equated with the operation of mechanical and electrical systems. The design professionals usually provide life cycle cost analysis as a part of their services for mechanical and electrical equipment. Morgantl is aware that many other building components and materials are also compared on life cycle costs. Through Morgentra historical information data we are able to analyze finish hardware components, various finishes, specially materials, and other building components/materials, and provide valuable life cycle cost information. Constructabllity Analysis: The Morganti project team evaluates all components of the project during the design phase. Each component is analyzed for speed of completion, budget impact, and current availability of local labor and materials that are required. The diverse experience of the Morganti Team Increases awareness of design and criteria, which could affect the final outcome of the project. Value Engineering: Value Engineering Is an important parallel function that continues from preliminary design through final documents. Morganti will review the plans and specifications for design improvements of cost savings opportunities. Impact to design, cost, schedule, function and maintenance are all considerations. Morganti provides life cycle analysis during the programming/planning stages and during the design development stage. We approach life cycle analysis similar to value engineering as many final options are decided by analyzing cost impact to the project. In addition, we analyze numerous areas such as project site infrastructure, structural systems, wall finishes, roofing systems and electrical components. Morganti's project team meets with the project architect to discuss the design issues, systems and scheduling needs. Prior to the start of the design documents, value engineering meetings are then held to address major design components. Throughout the project, a thorough review of the design documents will be conducted at each stage for adherence to the program and budget. During the design phase, Morganti analyzes each component for speed of completion, budget impact and current availability of local labor/materials that are required to complete the job. ESTIMATING Essentlal to the overall effectiveness of a good cost control program is the accumulation of accurate cost estimates. Our experienced estimating staff, will provide timely quantity surveys and accurate pricing throughout the program. The Morganti approach to accurate project estimating involves three types of estimates, which build upon one another as the project is defined. The three estimates or phases include the: Systems Estimate, Trade Estimate & Detailed Estimate. Systems Estimate: The systems estimate Is a conceptual estimate prepared during the early design phase of a project. When complete construction documents are not available, these particular estimates are prepared from preliminary drawings or criteria provided by the Owner and/or Architect. The systems estimate is broad based and accounts for traditional project costs such as site preparation, foundation Bringing you a WORLD of experience w w w. in o r g a n t 1. c o m 12 ih .. MORGANII establishment, electrical and mechanical installation, structural work, exterior and interior finishes, and roofing work. Of course, the estimate can be tailored should a particular cost (such as site prep) not apply. This initial phase of estimation relies on the experience and ability of Operations Manager., Project Executive and Project Estimator, to conceptualize the content and cost of the completed work from limited information. Pricing is often performed without subcontractor or vendor input, but is drawn from historical cost data accumulated by the Morganti team. While these numbers are by no means final, they do provide the Owner with a good idea as to what a project might cost while that project is in the early planning stages. Trade Est/mate: As the project progresses and construction documents become available, the systems estimate Is converted to a trade estimate. The trade estimate is more accurate because building materials and methods have been decided upon. The Senior Estimator, with information provided by the Operations Manager, performs a detailed quantity takeoff from the documents and information now available. Speck material pricing is obtained from local vendors and issues such as crew sizes and total crew -days -required are also taken Into account. Morganti ensures pre -qualified subcontractors bidding on the project have adequate information to maximize the competitiveness of their bid, including: detailed scope of work, project schedule and project safety requirements. Detailed Estimate: Once the project reaches the procurement stage, the trade estimate is converted to a detailed estimate. Subcontractor and vendor quotations are obtained for all work and materials to be provided, and the project costs are finalized. This detailed estimate is utilized by Morganti for cost control and scheduling purposes, procurement, and management of construction. Excellent lines of communication and thorough understanding of your goals and objectives are the two keys to success. To accomplish this, Morganti works closely with the Owner and Architect to develop the design criteria package for this project. The team's expectations and goals will be formally developed through these 'workshops* to review the schedule, budgets, and logistics plans. By being an integral part of the project from the beginning, the on-site team is equipped to guarantee accurate estimates, scope analysis, scheduling, value engineering, constructabitity analysis, cost control, quality control and ultimately a successful project completed on-time and within budget. Proven Performance Bringing you a WORLD of experience w w w m o r g a n t i c, 0 m 13 La Porte ISD New Technology Center $5,676,000 $5,413,657 Bayport Cruise Ship Terminal Complex $22,557,945 $22,413,719 Highlands Middle School $24,483,587 $24,483,587 Northeast Multi Servioe Center $6,493,526 $6,493,526 Southwest Multiservice Center $4,034,964 $4,034,964 Krueger Athletic Field House $5,750,690 $5,750,890 5 Clear Creek School Gymnasiums $5,837,640 $5,837,640 METRO West Bellfort Park and Ride $1,269,000 $1,269,000 METRO Rall Finishes $18,000,000 $18,000,000 Bush AN Airport Consolidated Car Rental $55,500,000 $52,724,490 Jensen Beach High School $47,795,623 $47,057,221 Jupiter Community High School $47,301,978 $46,711,009 Newtown High School $33,729,052 $33,729,052 Bethel High School $32,000,000 $32,000,000 Putnam VoTech High School $87,372,085 $87,372,085 Kaynor VoTech High School$49,800,000 $49,800,000 Lake Worth High School — Gymnasium _ $13,530,000 $13,474,000 Glades Central High School $27,700,000 $27,700,000 Bringing you a WORLD of experience w w w m o r g a n t i c, 0 m 13 MORGANTI Dreyloos High School of the Arts $29,500,000 $29,500,000 Samuel S. Gaines Academy $37,782,000 $37,172,000 Jupiter Christian School $9,650,000 $9,418,000 Indian Ridge School / Turning Points Academy $23,680,807 $23,387,807 Brookfield High School $25,485,116 $25,485,116 Pierce Hammock Elementary School $12,769,352 $12,580,034 JD Parker Elementary School $16,360,000 $16,135,213 Sadler Elementary School $14,182,000 $14,182,000 Citrus Grove Elementary School $23,320,000 $23,320,000 PBC Health Dept. Administration Bldg. $19,270,000 $19,033,421 Dan McCarty Middle School $8,200,000 $8,200,000 Nathan B. Young Magnet Middle School $9,000,000 $8,920,000 Ft. Pierce Magnet Middle School $8,100,000 $8,015,000 St. Lucie West Middle School $13,500,000 $13,114,000 "Morganti has spent the last three years 'getting the job done," solving the thousands of problems that arise daily on a job site where you are expected to build a 30,000 -foot building while airplanes operate 50 feet away. Zero flights were canceled, the runway was closed Zero times and Zero passengers failed to make their destination as a result of the construction of the new terminal' JOHN RICHMOND Owner, Conch Flyer Key West International Airport Bringing you a WORLD of experience w w w. In o r 9 a n t i c o 111 14 `-+ V I� MORGANTI 2.5 Organization and Project Personnel Qualifications 2.5.1.1 Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on-site functions. See below highlighted in Blue 2.5.1.2 Home Office Direct Support During the Construction Phase Provide an organizational chart with the names of individuals who will perform those functions in direct support of the Proposer's on-site team, but located in the home office. See below highlighted in Yellow PRE -CONSTRUCTION Ed Barrett 5o% Dir. of Pre -Construction 1o% 20% Steve McCarthy Lawrence Rosattl�21% 20% EstfmafOr COnsfnlcte6lNty % TEAM MEMBER RESPONSIBILITIES Operations Manager Assist project team from Pre - Construction through Warranty Provide the Morganti Sr. Management Point of Contact for the Owner Work with Field Staff to Coordinate all Construction Activities Project Manager P e Construction Constnx;ttion °� CONSTRUCTION (On Site Team) ■ Overall Project Management ■ Cost Control, Schedule, Budget, Quality and Safety Compliance • Constnrctabilfty Nalus Engineering ■ Sustainable LEED Building Coordination • Solicitation/Pre-Qual Bidders ■ Procurement: Submittals, Review/ Approval, Schedule & Coordinate Material Deliveries • Pay Applications • Document / Change Mgmt • Owner's Meetings Superintendent • On -Site Supervision • Schedule Maintenance • Quality Control ■ Safety • Trade Management/ Coordination ■ Sub Coordination Meetings ■ Sustainable Building Field Compliance • Field Management • Inspection Coordinator ■ Warranty RESUMES: Please see resumes for the named individuals above follow this page. Bringing you a WORLD of experience vo k". k", t 1 0 1 �J s. f , . '13 1'' 15 Gen*y Kell CGC WID MORGANTI ,a SENIOR VICE PRESIDENT US OPERATIONS Years with Morganti: 20 4 Years in the Industry: 26 EDUCATION: Auburn University - B.S. in Building Construction LICENSE: Certified FL GC - CGC 050879 SUMMARY OF QUALIFICATIONS: Mr. Kelly has been working in the construction industry since 1984. Having been with Morganti since 1990, Gerry is ultimately responsible for management of all Operations. Mr. Kelly's leadership of the entire Morganti Group (Florida, Texas, North Carolina, Connecticut, New York and Massachusetts offices) promotes a consistency with which Morganti's qualified staff successfully manage projects from beginning to end. Performing SIZE VALUE CM ROLE RECENT PROJECT EXPERIENCE Mor anti V.P. Houston HS, Soulhma d ES - Houston, TX *-t 115,000sf $$5 971 000 * $5 746 453 Morganti V.P. Odom MS Ozen HS - Beaumont TX -$16.500,000 Mor anti V,P. Lincoln Park Academy - St. Lucie, FL *11.$5,676,000 * 30,000sf Morganti V.P. Information TechnologyCenter - LaPorte , TX Hf hlands Junior High Replacement School - Highlands, TX 170,000sf $23,500,000 Morganti V.P. Mor anti Mor anti V.P. V.P. Bayport Cruise Ship Terminal Complex Ph 1- Pasadena TX 94,800sf $21,960,640 Mor anti V.P. NE Multi -Service Center - Houston, TX ,t 30 OOOsf 315 OOOsf $6,493,526 $105,000 000 Mor anti V.P. Roger Putnam Vocational Tech. High School - S rin field MA* 264,000sf$27,900,000 Morganti V.P. Kings Count Criminal Court - Brooklyn, NY �J 77 OOOsf $38,000,000 Mor anti V.P. Newtown High School - Newtown CT* 120 OOOsf $29 000 000 Mor anti V.P. Annie Fisher Magnet School - Hartford CT*:V 56 OOOsf $22,000,000. Morganti V.P. Manhattan FqM1!y Court Ph. 4 - New York, NY Morganti $3,500,000 Mor anti V.P. FAU Continuing Services Contract - HBOI, Jupiter, FL * 94 OOOsf $14,396,400 Morganti V.P. Metrowest Elements School - Uranpe. FL * 91 OOOsf $16,664,712 Mo anti V.P. Palm Lake Elements School - Orange, FL * 110 OOOsf $23,320,000 Mor anti V.P. Citrus Grove Elements School - Martin, FL * Morganti $4,316.769 Mor anti V.P. Ancillary Office Building - Hillsborough, FL * - 50,000sf $15,933,000 Mo anti V.P. MurrayMiddle School Ph. I & II - Martin, FL * Morganti 105.104 Mor anti V.P. Apollo Beach Elements School -Hillsboroh, F* * 66154sf $$0 068 348 Mor anti V.P. 4 Classroom BuildingAdditions - Hillsborough, FL 214 OOOsf $37,782 000 3 Mor anti V.P. Gaines K-8 Academy- St. Lucie, FL * B ld' R MAdd -Pinellas FL 44 OOOsf 900 000 Mo anti Mor anti V.P. V.P. 4 Classroom ut in en HCC Entrance Gateway & Cam us Renovation - Tama FL * $8,400,000 Morganti V.P. PBC Dept. of Airports Various Renovations - Palm Beach FL * $4,000,000 Morganti V.P. Jupiter Christian School - Palm Beach, FL * 64 800sf $9,650,000 Morganti V.P. PBC Health Dept. Admin. Building - Palm Beach FL * 90,0009f $19,270,000 Morganti V.P. KeyWest Inl'I Airport Terminal/Parkin Deck- Monroe FL * 185.0008f 18,0f $31,600,000 $400000000s Morganti Mor anti V.P. V.P. Marathon Airport Renovations - Monroe FL * Indian Ridge & Turning Points Academy - Palm Beach FL ✓ 180,000 Mor anti V.P. Sadler Elements School - Orange, FL 92 OOOsf 11 1,5005f $14,182,0002 $16,360,000 Mo anti Morganti V.P. V.P. JD Parker ElementarySchool - Martin, FL * Pierce Hammock Elementary School.- Palm Beach, FL * 112 OOOsf $12769,352 Morganti V.P. Jensen Beach High School - Martin FL * 300 OOOsf 13 320sf $47,796,623 $7,084,333 Mo anti V.P. Franklin Middle School Phase II - Hillsborough, FL * 32 OOOsf $3,712,000 Morganti V.P. Lake Worth High School Phase III - Palm Beach, FL * Morganti V.P. Jupiter Community High School - Palm Beach, FL * 340 000St $47,301,978 Morganti V.P. Forest Hill Elementary School - Palm Beach, FL * -Elementary ✓ 93,000sf 112,000sf $10,779,000 $10,610,000 Morganti V.P. West Gate School - Palm Beach FL 000 Morganti V.P. South Florida Fair Expo Center - Palm Beach FL ✓ 124 OOOsf .200.000 $8 000 Mor anti MorgantiV.P. V.P. Coconut Palms Element School - Broward FL Eisenhower & Walsin ham Elementary Schools - Pinellas, FL * 155,0009f $10,875,000 Morganti V.P. Ft. Lauderdale/Hollywood Intl Ai ort - Broward, FL * ✓ 662 tOOOsf 230,000sf $20,500,000 $32,000,000 Morganti V.P. Broward County Convention Center - Broward, FL t USGBC/LEED Certified Building + Denotes CMAR Experience THE MORGANTI GROUP, INC. w w w. In o r g a n t i. c o m Denotes Design aulld Experience Horirla •North Carolina •Texas • Connecticut •Nein York •Massachusetts Denotes Fast Tracked Projects James Peace ccM K, M":6VEry - CM T ROLE OPERATIONS MANAGER T Years with Morganti: 5 Years In the Industry: 37 EDUCATION: B.S. Mechanical Engineering - United States Merchant Marine Academy B.S. Transportation - United States Merchant Marine Academy M.B.A. Economics - University of Detroit LICENSES: Certified Construction Manager - Construction Management Association of America SUMMARY OF QUALIFICATIONS: Mr. Peace has been in the Construction Management industry since 1973. He has repeated success with many complex public projects delivering a proven track record as a leader, manager, negotiator and consensus builder with extensive hands-on experience in virtually every aspect of the industry. As Operations Manager, Mr. Peace is the communication hub for all perties involved in this process. RECENT PROJECT EXPERIENCE SIZE VALUE Mo anti Op MQr I Houston HS, Southma d ES - Houston, TX *1 115 OOOsf $14,971,000 Mor anti Op Mar I Odom MS, Ozen HS - Beaumont, TX * $5,746,453 Morganti Op Mar I Information Technology Center - LaPorte , TX * 30 OOOsf $5,676,000 Morganti Op Mur I Lincoln Park Academy - St. Lucie, FL *3 $16,500,000 Mor anti Op Mgr Highlands Junior High Replacement School - Highlands, TX 170,000sf $23,500,000 Mor anti O Mar Bayport Cruise Ship Terminal Complex Ph 1- Pasadena TX 94 800sf $21,960.640 Morganti Op Mgr NE Multi -Service Center Houston, TX S 30 OOOsf $6,493,526 Morganti Op Mgr _ FAU Continuing Services Contract - HBOI Jupiter * $3,600,000 Morganti Op Mgr Highlands Junior High Replacement School - Highlands. TX $23,600,000 Morganti Op Mgr Bayport Cruise Ship Terminal Complex Ph 1- Pasadena TX $21,960,640 Morganti Op Mgr Metrowest Elementary School - Orange, FL * 94 OOOsf $14,396,400 Morganti Op M r I Palm Lake Elementary School - Orange, FL * 91 OOOsf $15,664,712 Morganti Op M r I Citrus Grove Elementary School - Martin FL * 110,000sf $23.320-000 Morganti Op M r I Ancillary Office Building - Hillsborough, FL * $4,316,769 Morganti Op Mgr I Apollo Beach Elementary School - Hillsborou h, FL $3,058,104 Mo anti Op Mur I MurrayMiddle School Ph. I & li - Martin, FL * 50,000sf $16.933,000_ Mo anti Op M r 1 4 Classroom Building Additions - Hillsborough, FL * 66 154sf $10,061,348 Morganti Op Mgr I Gaines K-8 Academy - St. Lucie FL * 214 OOOsf $37,782,000 MorgantiaOpMgr Mor4 Classroom BuildingReno/Add - Pinellas FL * 44 OOOsf $11,900,000 Morganti HCC Entrance Gateway& Campus Renovation - Tama FL * 8 400 000 MorgantiPBC Dept. of Airports Various Renovations - Palm Beach FL * $4,000,000 Mor anti PBC Health Dept. Admin. Building- Palm Beach FL * 90,0008f $19,270,000 Morganti Ke West In"' Ai ort TerminaUParkin Deck- Monroe, FL * 185 OODsf $31,600,000 MorgantiMarathon Airport Renovations - Monroe FL * 18 OOOsf $4 000 000 Mo anti Op Mgr I MurrayMiddle School Phase 1- Martin FL * 30 OOOsf $6 979 000 Morrianti Op M r I Indian Ridge School & Turning Points Academy - Palm Beach, FL ✓ 147,000sf $23.680,000 Mo anti Op M r I Sadler Elementary School - Orange, FL * 92 OOOsf $14182 000 Mo anti Sr PM I Jupiter Christian School - Palm Beach FL * 64,800sf $9,650,000 Other PM I Saline Community High School - Saline MI * ® 540,000sf $72 000,000 Other PM I WinthropUniversity, Wellness Center - Rockhill SC A, 137 000sf $20,000,000 Other PM Plain Elementary School - Simpsonville, SC 95,0008f $11,000-000 Other PM Lols Rhame West Health and Wellness Center - Rock Hill SC 137 OOOsf $18,500,000 Other PM Harvest Elementary School - Saline MI * 0 t 72 OOOs1 $11 000,000 Other PM Sparrow Professional Healthcare Building - Lansing, MI * 0 254,000sf $45,000,000 USGBCILEED Certified Building 0 Commissioned Project RESPONSIBILITIES: As Operations Manager for all Florida and Texas operations James Peace, assisted by the on-site team will provide accurate estimates, scope analysis, scheduling, value engineering, constructability analysis, cost and quality control. As well as being the communication hub for all parties involved, Mr. Peace Is responsible for all guidance and management needs required by each job site. Denotes WAR Experience THE MORGANTi GROUP, INC. w w w. m o r g a n t i. c o m Denotes Design Build Experience Honda - North Carolina - Texas - ConnecUcul - New York - Massachusetls Denotes Fast Tracked Projects 1 MORGANTI PROJECT MANAGER Years with Morganti: 3 Years in the Industry: 8 REGISTRATION: LEED Accredited Professional EDUCATION: Florida A 8 M- BS Construction Engineering and Technology SUMMARY OF QUALIFICATIONS: Mr. Cooper has been working in the construction industry since 2001. He has worked in the field developing trusses and pre -fab structures as well as in the office with the architect side preparing sketches and ideas for working drawings. As Asst. Project Manager, Kamal brings this well of experience to the table where he is responsible for the successful completion of each small or large task. This is helped by his strong initiative and competitive drive to complete the job on-time and within -budget. Performing Morganti PM Plumb Elementary School - Pinellas FL * y4';JW'uuU Mor anti PM Blanton Elementary School - Pinellas, FL * 12 000sf $5,902,923 Morganti PM Say Vista Elementary School - Pinellas, FL * 12 000sf $3,282,526 Morganti PM Lynch Elementary School - Pinellas FL * 20,000sf 5,920,5 Morganti A PM Apollo Beach Elementary School - Tampa, FL * 50.000s1 ___$3,058,104 Morganti A PM HCC Entrance Roadway f Science Renovation - Tama FL * 50 000sf $8,400.000 Other P.E. PHCC Universa Center - New Port Richey, FL 50.000sf I $11,200 000 Other P.E. PHCC Small Works - New Port Riche /Brooksville FL 40,000sf $160000 Other P.E. Moffit Cancer Clinic Renovation - Tama FL 80 OOOsf $8,600.000 Other PE I Fifth Third Bank- Apopka, FL 4,500sf 1 $1,868,247 RESPONSIBILITIES: As Project Manager, Mr. Cooper is charged with the overall responsibility for the project, delivering each project on-time, within budget and to the owner's satisfaction. He is the key member of the on- site construction staff and has the daily responsibility to plan, direct, coordinate and overall supervise the project. THE MORGANTI GROUP, INC. w w w. m o r 9 a n t i. c o rn Florida =North Carolina • Texas • Connecticul • New York • Massachusetts +w Denotes CMAR Experience Denotes Design Build Experience Fast Tracked Projects are in Blue ohn Smi PROJECT SUPERINTENDENT Years with Morganti: 5 Years in the Industry: 27 ! i, MORGANTI SUMMARY OF QUALIFICATIONS: Mr. Smith hos been involved in the construction industry since 1983. His experience and knowledge of Florida's construction industry result in a well-qualified and respected project superintendent. RESPONSIBILITIES: As Superintendent, John provides the leadership necessary for not only the project(s) superintendents but all people involved and has the daily responsibility to plan, direct, coordinate and supervise the project. His work schedules set the pace for the construction process, and his successful and ultimate control of the construction process is the direct result of his construction know how. THE MORGANTI GROUP, INC. w w w. rn o i g a n t i, c o in Florida • Nath Carotins • Texas • Connecticut , New York • Massachusetts + Denotes CMAR Experience ✓ Denotes Design Build Experience Z Denotes Fast Tracked Projects Gary Gabert 5A PROJECT SUPERINTENDENT MORGANII Years with Morganti: 17 Years in the industry: 37 EDUCATION: Modern Management Series - Manchester, New Hampshire SUMMARY OF QUALIFICATIONS: Mr. Gabert has been involved in the construction industry since 1972. Gary has worked on the following project types: educational facilities, commercial buildings and office buildings. His experience and knowledge of Florida's construction industry result in a well-qualified and respected project superintendent. Performing cm ROLE RECENT PROJECT EXPERIENCE SIZE VALUE Mor anti Sup. Indiantown Middle School — Martin FL * 77 000sf $13,793,000 Morganti Sup. PBIA Continuing Services — Palm Beach, FL * -- $4,000,000 Mor entl Sup. Citrus Grove Elementary School — Martin, FL * 110 000af $23,320,000 Morganti Sup. Gaines K-8 Academy — Ft. Pierce FL * 214 OOOsf $37782,000 Morganti Sup. Indian Ridge School 8 Turning Points Academy— WPB, FL ✓ 147,000sf $23,680,000 Mor anti Sul). JD Parker Elementary School — StuartFL * 127 828sf $16,322,000 Morganti Sup. Jensen Beach High School — Jensen Beach, FL * 300 000sf $47,795,623 Morganti Sup. Jupiter Community High School - Jupiter, FL * 340 000sf $47,301,978 Morganti Sup. Broward County Convention Center — Ft, Lauderdale FL ✓ 230 000sf $32,000,000 Mor anti Sup. Coconut Palms Elementary School - Miramar FL ✓ 124,600sf $11,000,000 Mor anti SLID. Everglades Elementary School - Weston, FL ✓ 124,600sf $9,900,000 Mor anti Sup. Gator Run Elementary School - Weston, FL ✓ 124 600sf $9,700,000 Morganti Sup. Parkside Elementary School - Coral Springs, FL ✓ 124 600sf $11,100,000 Morganti Sup. USPS Bulk Mail Facility - Jacksonville, FL 360 000sf $32,400,000 Morganti Sup. Dreyloos School of the Arts - West Palm Beach, FL 227 435sf $30,000,000 Mo anti Sup. Glades Central High School - Belle Glades FL 226 800sf $30 000 000 Mor nti Sup. PBCC Athletic Facility- Boca Raton FL * 30,000sf $4,100,000 Mor anti Sup. Roosevelt Magnet Middle School - West Palm Beach FL ✓ 168 450sf $16,600,000 Other Sup. I IRCC Science Bldg., Auditorium, Planetarium — Ft. Pierce, FL 60,000sf NA RESPONSIBILITIES: As Superintendent, Gary provides the leadership necessary for not only the projects) superintendents but all people involved and has the daily responsibility to plan, direct, coordinate and supervise the project. His work schedules set the pace for the construction process, and his successful and ultimate control of the construction process is the direct result of his construction know how. THE MORGANTI GROUP, INC. www.inorganIi.coin Florida • Norlh Carolina - Texas - Connecticul • New York • Massachusells + Denotes CMAR Experience Denotes Design Build Experience Fast Tracked Projects are in Blue McGee PROJECT SUPERINTENDENT Years with Morganti: 2 Years in the Industry: 31 041 1 MORGANTI SUMMARY OF QUALIFICATIONS: Mr. McGee has been in the construction industry since 1979, He is one of the key members of the on- site construction staff and has the daily responsible to assist the Project Superintendent with all of the Subcontractor's needs. The leadership he provides to all people involved in the project and the decisions which he make on a daily basis, represents a significant contribution to the project's on-time and on -budget completion. RESPONSISIUTIES: As Superintendent, Barry provides the leadership necessary for not only the projects) superintendents but all people involved and has the daily responsibility to plan, direct, coordinate and supervise the project. His work schedules set the pace for the construction process, and his successful and ultimate control of the construction process is the direct result of his construction know how. THE MORGANTI GROUP, INC. www.morganti,com Florida - Notih Carolina - Texas - Connecticul - New York - Massa6huSeRS *Denotes CHAR Experience I Denotes Design Build Experience 0 Denotes Fast Tracked Projects MORGANTI 2.6 Relevant CMAR Experience Relevant experience of projects in which Proposer performed Construction Manager at Risk services as outlined in this RFP are to be listed in the table shown in Attachment G Statement of Relevant CMAR Experience. Proposers are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as "WA" are not acceptable. If the information required in the column heading is considered "not applicable" or "not available" for particular project listed, then list another project where the information is applicable and available. Projects listed should be as close as possible to the scope of the projects for this RFP. For each project listed in this table where Proposer self -performed any construction trade, provide a separate table, listing the trade(s) provided. Attachment "G" Statement of CMAR Experience 1. Name of Proposer: The Morganti Group. Inc. 2. Business Address: 1450 Centrepark Blvd Suite 260 West Palm Beach, FL 33401 3. When Organized: _m 4. Where Incorporated: Florida 5. How many years have you been engaged in the contracting business under the present firm name? 18 years 6. General character of work performed by your company: The Morganti Group offers its clients a broad scope of pre -construction general contracting, industrial. and government projects Employing the most sophisticated con on government aviation transportation roads healthcare comectionsoffices, power and water treatment facilities and much more. 7. Enclosed evidence of possession of required licenses and/or business permits. See at end of is section 8. Number of employees: 150 9. Background and experience of principal members of your personnel (including officers). Please see resumes for these individuals in the previous tab. 10. Bonding Capacity: $100 million single 1$500 million aggregate / $250 million current available capacity 11. Have you ever defaulted on a contract? If so, where and why? X No Yes Bringing you a WORLD of experience w w w. - () r y a 11 i i. c 0 rr 22 00, i MORGANTI 12. Experience in performance: Pr_ oiect Value Contac Phone / Email PBC Department of Airport (561) 471-7411 Continuing Service Contract $4,829,415 Cindy Portnoy Portnoy@pbia.org PBC Health Department (561) 840-4522 Administration Building $19,270,000 Andy Walker william _walkeriii@doh.state.fl.us (561) 799-6797 Jupiter Christian School $9,650,000 John Foster ifoster@fosteduchs.com _ (561) 964-4025 Lake Worth High School $17,242,000 Dave Cantley dave1cantley@aol.com (772) 785-6619 Sam Gaines Academy $37,780,000 Joe Piper PiperJ@stlucie.k12.il.us Bringing you a WORLD o/ experience w vv w + f (, ; � I �i ) + i , o t 11 23 i; MORGANTI ACf ' i 1. 10 STATE OF FLORIDA D'3PAR7t4M;S4OM2V916MRYnFCgNSgbLB0g IOSEQINL10082301431 tt� . The GENERAL CONTRACTOR r Named below IS CERTIFIED .40 Under the provisions of Chapter' Expiration dates AUG 31, 2071 �a KELLY GERALD KE 6MCOGROAD INC 10PAC OD JUNO ISLES FL 33408-2241 CHARLIE CRIST CHARLIE LIEM GOVERNOR SECRETARY DISPLAY AS REQUIRED BY LAW State of Florida Department of State I certify from the records of this office that 'f1I Ii MORGAN 1'1 GROUP, INC. is a corporation organized under the lass of Connecticut, authorized to transact business in the State of Florida. qualified on October 19, 1992. The document number of this corporation is P4105G. I further cenifv that said co ration las paid all fires due this office through December 31, 2010. that its most recent annual repos Uss filed on January 11. 2010, and its status is active. I further cettifv that said corporation Ins not filed a Certificate of Withdrawal. Gb g-,1 iva kr oy) AwtAwrl de GresiSrarel Frortea.r TOR ANWe. their ipp/,1MNI1ir .VhtmMi AV of lkm* Ma 40 4��— Secreldr), of State .. • rnmutnaaaur«r1r4s http�a/. INaa�4b.«ey a wrih�.rhtmt Bringing you a WORLD of experience w w tv m o i (t a n t i. {: o in 24 oy@ MORGANTI 2.7 Narrative of "Best Qualified" Proposer shall provide a brief narrative outlining why the Proposer's organization is the best qualified to perform the services outlined in this RFP. Having been awarded over $10 Billion dollars in work over the past 10 years, Morganti's progress has been the result of the energetic efforts of each and every individual on the team. At Morganti we recognize that meeting the needs of our client, is not only critical to the success of each project, but to the continued success of our company. Motivated by management's commitment to excellence, a high regard for the integrity and the underlying philosophy that there is no substitute for timely, cost effective, quality construction, Morganti's success in our business helps our clients succeed in theirs. HISTORIC RENOVATION EXPERIENCE Having worked on some of the oldest public facilities in Florida, Morganti understands that the preservation of historic schools is of great importance not only to the preservation community, but also to those who advocate better schools and environments for school children. Having completed projects as varied as the 1920 Lake Worth High School and a complete renovation of the 1928 Dreyfoos High School of the Arts, The Morganti Group has effectively responded to the unique challenges of historic structures. Lake Worth High School Lake Worth FL $17.242.000 The Morganti Group completed Phase I of the modernization project at Lake Worth High School in 1998 and Phase !JI in 2002. Both projects were constructed within 10 feet of a fully operational high school. Lake Worth High School, Palm Beach County's oldest school still in operation, was originally built in 1922, making this renovation project even more difficult. Much attention was given to millwork and masonry. All areas required that the addition match the Spanish architecture of the 20's. These addition projects depended on the entire school being up and running which required extraordinary safety measures. These projects total 140,000sf of renovations and included the addition of two 2 - story classroom buildings, the cafeteria, labs, administration suites and offices. Dreyfoos Hiah School of the Arts West Palm Beach FL $29,500.000 The campus is comprised of 7 -buildings (the oldest built in 1928). Four of the buildings were restored to include original design features. New components of this 1,280 -student school include a 200 -seat black box theatre, a professional theatre (complete with staging and orchestra pit); a 2 -story science building with five full laboratories; dance studios; art studios; and multiple soundproof music rooms. industrial arts labs, photography labs and visual arts labs complete the fine arts focus of this project. The campus also includes general academic classrooms, and a media center. Attention to detail, historical accuracy, time, and budget were absolutely critical for this site, which was the focal point of the urban re -development of West Palm Beach. Ft Pierce Magnet School Ft. Pierce. FL $10.100.000 This historic 1924 school functions as a Magnet School of the Arts for both elementary and middle school students. New Administration Office Complex, Media Center and Arts building with interior corridors and covered entrances were key components of this project. Renovation of the existing Historical East Classroom Building and Auditorium and new walkways, stairs, underground utilities, parking, covered drop off area and covered walkways, chilled/hot water system and landscaping was incorporated. The new building is approximately 13,000sf and the renovated area is approximately 46,000sf. The existing West building and Cafeteria remained for possible future renovation. Bringing you a WORLD of experience w \v v, • - o 1 g a 11 t i . c 0 m 25 WD MORGANTI LOCAL MUNICIPAL & COUNTY EXPERIENCE -111110 Lake Worth Beach Casino Buildina City of Lake Worth, FL $6.000.000 `' This hurricane hardened, Green Building, Casino Rehabilitation Project consists of ` the rehabilitation of the existing 1949 Lake Worth Municipal Casino Building, which includes approximately 25, 000sf of restaurants, retail space, a ballroom and various public spaces. The Casino Building will continue to operate, as it has for several decades, as a commercial building with a publicly managed ballroom on the second floor. Once completed the fully rehabilitated Casino Building will serve as a regional attraction and will symbolize a brighter, more prosperous future for the City of Lake Worth. Riviera Beach Government Center City of Riviera Beach. FL $1.900.000 This multifaceted project for the Riviera Beach Municipal Government Complex involved the construction of their City Council's Office, Multi -Functional Spaces, Library Facilities, Police Department Headquarters, Water Utility Office, Fire Station and ancillary Recreational Spaces. The Police Department consists of 105 sworn officers and 50 non -sworn employees who handle approximately 75,000 calls for service each year. This facility has stood the test of time and is a prime example of quality a Morganti product. City Hall City of West Palm Beach. FL $7,000.000 Morganti built this 750, 000sf 5 -story Municipal Multi -Purpose building for the City of West Palm Beach to house the City Manager, City Planning and Zoning Department, Engineering and Building Inspection Departments as well as the Mayor, City Council and their meeting chambers. This facility has stood the test of time and is a prime example of quality a Morganti product. Emergency Operations Center Palm Beach County. FL $6,120,000 The Emergency Operations Center and new 911 Facility for Palm Beach County consisted of the 38, 700s.f. construction of a two story reinforced concrete building designed to withstand a category 5 storm (200mph wind criteria) and development of 4.35 acres including: parking, landscape, security and site lighting. This Municipal, Multi -Purpose facility is the hub of all County activity especially times of need. The Emergency Operations Center is staffed throughout the year, around the clock, and provides monitoring, notification, and warning to the emergency response team, municipal organizations, the State Emergency Operations Center, and other partner agencies with emergency response roles. The Operations Center is responsible for coordinating and supporting the response efforts of the numerous partner agencies needed to mitigate the effects of a natural or manmade disaster within Palm Beach County. Health Department Administration Building Palm Beach County, FL $19.270.000 The new 92,500sf Palm Beach County Health Department Administration Building has been designed as a 5 -story once building space with on-site parking. This 3.53 acre site will house multiple state and county offices and has been designed as a Threshold Building. Centrally located in the heart of downtown West Palm Beach this tight site creates the need for a well-managed site and safety approach - Morgantl's Specialty. We are proud to boast the Palm Beach County Health Department Administration Building was completed 4 weeks ahead of schedule, delivered over $100,000 in applied Value Engineering, returned $215,000 in Sales Tax Savings, distributed over 16% of the work within the Minority Subcontracting community and secured a solid reference from all parties involved. Bringing you a WORLD of experience w w ,v .n o 1 y I, t I (, o n, 26 WD MORGANTi Dept of Airports Continuing Services Palm Beach County FL $4,800.000 This award consists of Pre -Construction & Construction for a variety of airport facilities and systems covering all 4 county airports: Palm Beach International Airport, North Palm Beach Aviation Airport, Palm Beach County Glades Airport (Pahokee) and Palm Beach County Park Airport (Lantana). Projects under contract to date: • PBiA Maintenance Compound Bldg D, B, E • Glades Airport Hangar Rebuild / FBO Bldg ■ PBiA Apron A Expansion Utility Relocation • North County Airport HVAC Renovation /Repair • PB1A Duct Bank Expansion These projects required construction within or directly adjacent to fully operational airport facilities demanding strict adherence to operational procedures and safety standards y/JL,VVI/ This new 3, 000sf facility provides customs and immigration services for the general aviation public. Constructed directly adjacent to a fully operational airport apron, this project required strict adherence to operational procedures and safety standards. This 51% Morganti/Milton Grey endeavor was one of the first successful MBE joint ventures between minority and majority contractors in Palm Beach County. Tax Collector Office Renovation Palm Beach County, FL $225.000 This renovation/addition to the Lantana Office of the Tax Collector required precise scheduling and delivery/construction coordination to ensure this occupied, fully - functioning office did not loose a single minute of operation time while being surrounded by a construction site. Br ward County Convention Center Broward County, FL $32.000.000 The precise demolition and merging of new construction with existing operations was one of the most significant challenges to this unique project. This project consisted of a 3 -story addition, comprised of 230, 000sf of Offices, Multi -Purposed Exhibit Halls and Conference Areas, Recreational Spaces, Ballrooms, Kitchens, Food Service Areas and Ancillary Support Facilities. This extensive project had many challenges such as: relocating the existing roadway to accommodate construction traffic, temporarily filling in retention ponds to support staging areas, improving exterior to create a continuation of design, as well as, redesigning the southernmost entry to accommodate for a three-story covered entry and the reconfiguration of elevators, pedestrian bridge and roofing. Key West Int'I Airport McCoy Terminal Monroe County FL $31,600.000 This 50,OODsf Terminal Addition to the existing Key West Int'! Airport has been designed as a Category (3) (4) Hurricane Hardened structure encompassed 30,000sf of new floor area on the second level and a renovation of 20,000sf of existing terminal space on the ground level. The terminal addition included the addition of various Multi -Functional Public, Retail, and Dining Spaces and remained occupied and fully - operational 24 hours a day 365 days a year. Marathon Airport Monroe Countv FL $4,000.000 The Marathon Airport required extensive repairs following the 2004-2005 hurricane season. This project consisted of the replacement of floors and partitions in the main terminal, a complete renovation of the HVAC and electrical system and the construction of a new emergency generator complex. Bringing you a WORLD of experience w w w In o 1 9 a 11 t i. r, 0 111 GI COASTAL CONSTRUCTION EXPERIENCE WD MORGANTI Key West Int'I Airport McCoy Terminal Key West, FL $31,600,000 100 feet from the Atlantic Ocean This 50, 000sf Addition to the existing Key West Int'l Airport has been designed as a Category (3) (4) Hurricane Hardened structure. This addition provides 90 parking spaces on the new 2 -story parking deck, redesign, resurface and re -stripe approximately 350 parking spaces on the ground level; while encompassing 30,000sf of new floor area on the second level and a renovation of 20,000sf of existing terminal space on the ground level. Marathon Regional Airport Marathon. FL $4.000,000 100 feet from the Atlantic Ocean The Marathon Airport required extensive repairs following the 2004-2005 hurricane season. This 20,000sf project consisted of the replacement of floors and partitions in the main terminal, a complete renovation of the HVAC and electrical system and the construction of a new emergency generator complex. Broward County Convention Center Ft. Lauderdale, FL $32,000.000 300 feet from the Atlantic Ocean The precise demolition and merging of new construction with existing operations was one of the most significant challenges to this unique project. This project consisted of a 3 -story addition, comprised of 230, 000sf of Offices, Exhibit Halls and Conference Areas, Ballrooms, Kitchens, Food Service Areas and Ancillary Support Facilities. This extensive project had many challenges such as: relocating the existing roadway to accommodate construction traffic, temporarily filling in retention ponds to support staging areas, improving exterior to create a continuation of design, as well as, redesigning the southernmost entry to accommodate for a three- story covered entry and the reconfiguration of elevators, pedestrian bridge and roofing. Lake Worth High School Lake Worth. FL $17.242,000 1 mile from the Atlantic Ocean The Morganti Group completed Phase I of the modernization project at Lake Worth High School in 1998 and Phase ill in 2002. Both projects were constructed within 10 feet of a fully operational high school. Lake Worth High School, Palm Beach County's oldest school still in operation, was originally built in 1922, making this renovation project even more difficult. Much attention was given to millwork and masonry. All areas required that the addition match the Spanish architecture of the 20's. These addition projects depended on the entire school being up and running which required extraordinary safety measures. These projects total 140, 000sf of renovations and included the addition of two 2 - story classroom buildings, the cafeteria, labs, administration suites and offices. Dreyfoos High School of the Arts West Palm Beach. FL $29,500,000 1 mile from the Atlantic Ocean The campus is comprised of 7 -buildings (the oldest built in 1920). Four of the buildings were restored to include original design features. New components of this 227,435sf school include a 200 -seat black box theatre, a professional theatre (complete with staging and orchestra pit); a 2 -story science building with five full laboratories; dance studios; art studios, and multiple soundproof music rooms. Industrial arts labs, photography labs and visual arts labs complete the fine arts focus of this project. The campus also includes general academic classrooms, and a media center. Attention to detail, historical accuracy, time, and budget were absolutely critical for this site, which was the focal point of the urban re -development of West Palm Beach. Bringing you a WORLD of experience w w w. ,n o f c} a n t i r. n m 28 WID MORGANTI Jensen Beach Hiah School Jensen Beach FL $47.800.000 1 mile from the Atlantic Ocean The Morganti Group was awarded this redesign of the FEFPA award winning SchenkelShultz Architects high school. This new High School offers 1, 800 student stations, over 300,000sf of space and functions as a Category 5 Hurricane Shelter for the surrounding community. This school has been constructed with the ability to withstand up to 185 mile per hour winds. Among the many Construction Management services provided, value engineering was one of the most important. The owner accepted $3,824,291 worth of VE providing the school items that were only on their wish list including the addition of Stadium Building #7 housing locker rooms and athletic offrces. in addition this facility included a stadium complex for both football, track and field events including stadium bleachers and press boxes on both sides. The football field was an elaborate design with an underdrain system installed diagonally every thirty feet for proper drainage to allow superior growing conditions for the bermuda sports tun`. Jupiter Community HIah School Jupiter FL $47,300.000 YYY�\�� VV��n1 1.65 mile from the Atlantic Ocean This 340, 000sf project was a comprehensive site replacement consisting of classrooms, science labs, vocational labs, food service, media center, administration, gymnasium and an auditorium. The new school was constructed on the existing athletic fields. 100% of the students remained on site and in continuous operation during construction. in addition to the typical elements making up a high school campus, this school featured a Vocational Agricultural Center housing 20,000sf of Agricultural, Industrial, Woodworking, Landscaping, Farming and Horticultural, Labs, as well as, an outdoor Greenhouse. By taking advantage of the $781,403 in Value Engineering savings proposed by, Morganti, the school was able to enhance the security systems, add data communication lines throughout and upgrade sports lighting in the stadium. GREEN BUILDING EXPERIENCE A member of the US Green Building Council since 2007, The Morganti Group, Inc. is a CM firm known for its efficient communication and ability to work in a collaborative team environment, as shown by the awarded LEED projects listed below. Each focusing on these directives- ■ The whole building is one system. ■ Energy, resources, and materials are used efficiently. • The building has a positive effect on its occupants. • The building has a positive interaction with its site and neighborhood. • The building has a positive interaction with and effect on the natural environment. ■ Economic decisions consider life -cycle costs. • Materials and systems are durable, requiring less maintenance, but they are also recyclable. To achieve a true high-performance building design, the whole team must be a part of process from the start with these key points in focus. Lake Worth Beach Casino Building Lake Worth, FL This $6,000,000 hurricane hardened, LEED Certified Green Building, Casino Rehabilitation Project consists of the rehabilitation of the existing 1949 Lake Worth Municipal Casino Building, which includes approximately 25,0006f of restaurants, retail space, a ballroom and various public spaces. The Casino Building will continue to operate, as It has for several decades, as a commercial building with a publicly managed ballroom on the second floor. Once completed the fully rehabilitated Casino Building will serve as a regional attraction and will symbolize a brighter, more prosperous future for the City of Lake Worth. 29 Bringing you a WORLD of experience W W w. 111 0 1 9 a n t i. c 0 nl WD MORGANTI Southmayd Elementary School Houston, TX Morganti is currently constructing this $8,000,000 LEED Certified Green Building project consisting of renovations to reconfigure existing spaces, new multi-purpose rooms, classrooms and the library. Houston High School Houston, TX This $6,971,000 LEED Certified Green Building project consists of renovations to the ` exterior building fagade, ceiling and floor finish repairs and replacement, repainting, mechanical unit repairs, lighting fixture replacement, toilet accessibility repairs and technology infrastructure replacement. The classroom addition will house a 43,000sf --�} Math, Science and Technology Center. Putnam VoTech High School Springfield, CT Morganti is currently constructing this LEED Certified Green Building project originally budgeted for $101,000,000. The Morganti/Consigli team were able to delivery a Guaranteed Maximum Price $13,000,000 lower than originally budgeted. Lincoln Park Elementary School Port St. Lucie, FL j Morganti is constructing this $16,500,000 LEED Certified Green Building project consisting of the demolition of existing buildings 1 -9, 11-13, 15 — 20, 24 and 27, new construction of a 66,464sf 2 -story LEED Certified classroom building, new 33,600sf r cafeteria building, sitework and landscaping. The construction takes place on a 6th -12`" grade campus that will remain occupied and fully -functional throughout construction. _ Annie Fisher Magnet School Hartford, CT Morganti constructed this $29,000,000 LEED Certified Green Building project consisting of the construction of a 20,000sf addition that houses a Library, Computer Lab, Cafeteria, Kitchen, and four new fourth grade classrooms and renovations to the existing 100,000sf facility. Kings County Criminal Courthouse Brooklyn, NY This $26,000,000 LEED Silver project called for the renovation of approximately 264,000sf, of this 11 -story courthouse that was constructed in 1932. The Courthouse's 26 original courtrooms and main and first floor lobbies will be renovated. Renovations will be phased and completed while the facility remains fully operational. New Federal Office Building San Francisco, CA ` This $143,426,000 project is designed to a LEED Gold standard. It incorporates an external operable sunscreen system with operable windows and a "wave -formed" concrete underside of decks to facilitate airflow throughout the building. The concrete structure, with the 'wave -form" allows for natural heating and cooling by its thermal mass. Its design is expected to save $9.0 Million over a 20 -year period in heating and cooling costs. WCSU Science Center Danbury, CT This $31,000,000 environmentally conscious LEED Certified Green Building project involves the construction of a new 115,000sf Science Center building to replace Higgins Hall. The building will house the astronomy, chemistry, biology, meteorology, and physics departments and the university weather station. In addition, the facility will accommodate general classrooms and faculty office space. Southwest Multi -Service Center Houston, TX This $4,856,614 Multi -Service Center consists of a new one level 25,000sf building with 23,000sf of concrete paving and contains facilities for infant, pre-school, after-school and senior citizen activities. Each building boasts structural steel framed with an oversized CMU burnished custom colored block exterior with metal wall panels, clerestory natural lighting, sunscreen devices and a metal roofing system. Each incorporates clerestory Bringing you a WORLD of experience w w w. 111 0 1 a 11 l l c 0 m 30 VVW MORGANTI lighting, highly efficient mechanical, electrical and plumbing systems to meet LEED requirements and is designed to a LEED Silver rating. Northeast Multi -Service Center Houston, TX This $6,493,000 Multi -Service Center consists of a new one level 25,000sf building with 23,000sf of concrete paving and contains facilities for infant, pre-school, after-school and senior citizen activities. Each building boasts structural steel framed with an oversized CMU burnished custom colored block exterior with metal wall panels, clerestory natural lighting, sunscreen devices and a metal roofing system. Each incorporates clerestory lighting, highly efficient mechanical, electrical and plumbing systems to meet LEED requirements and Is designed to a LEED Silver rating. Austin -Bergstrom Airport Barbara Jordan Terminal Austin, TX This $120,000,000 LEED Certified Green Building project was designed as a "60 -year building' for all life -cycle activities. The project has energy conservation techniques incorporated into the building consisting of natural lighting, thermal -ice storage for heating and cooling among other techniques. This project was designed under the City of Austin Sustainable Green Buildings Program. OCCUPIED SITE EXPERIENCE Our safety program and record is among the finest in the industry. Our current Experience Modifier is .77, which means we bring additional savings to the owner. To achieve the desired goal of "Zero Losses", Morganti will incorporate a site/wide Safety Action Plan, SEPARATION OF CONSTRUCTION & USER ACTIVITY The Morganti Group has worked in and around some of the most challenging occupied sites and projects in the county. Morganti has the expertise to construct this project without affecting the ongoing operations of the existing facilities. Tight site constrictions, hours of operations, condensed timeframes, concrete and material shortages, labor shortages, limited access to site, extensive underground utilities, existing structural and code issues, tie in to existing structures, electrical upgrades, HVAC capacity limitations and expansions. All of these issues have been dealt with time and time again by working together with the Owner, doing diligent, concentrated discovery on a continual basis and coming up with workable solutions over and over. The Morganti Group has the expertise to construct this project without affecting ongoing operations of existing facilities. SITE SECURITY Having worked on many occupied sites, The Morganti Group has vast experience maintaining a secure site. During all projects, the schools remained open and required extraordinary security measures to be incorporated into the daily routine, insuring student and staff safety. The renovation and additions were constructed within 10 feet of sidewalks the students used every day. All areas were fenced off from any foot traffic and all construction staff wore color -coded badges and hard hats for easy identification. Due to the security precautions taken by Morganti, there were NO incidents or time lost throughout these projects. ,,It is my pleasure to write this letter of recommendation ... We have had no disruptions to our daily routines. The project manager kept my staff and 1 informed throughout construction. School safety and a normal facility environment were paramount to this project. Thank you Morganti for your professionalism and dedication. " DAVID CANTLEY Principal - Lake Worth High School Bringing you a WORLD of experience w %v w. m o i g a n I i. c 0 In 31 11 , . MORGANTI 2.8 Safety Program If your organization has a Safety Program or procedures, please attach a copy to your proposal and note it in your Table of Contents. Total Safety Management requires focus on prevention, the continuous improvement of the management process, team problem solving and the involvement of employees at all levels. Working closely with our partners in the project development process, the owner and architect on one side and our subcontractors and vendors on the other, we utilize the planning, communicatlons and monitoring tools necessary to establish and implement a Safety Program that will carry from, project conception through to dose -out and project acceptance. This plan, spearheaded by the Project Superintendent, incorporates the belief that quality production, efficiency and safety will be planned into each job and each shall have equal importance in the prosecution of this project. Each subcontractor is responsible for planning safety into all work before any work Is started. Safety meetings will be held at the beginning of each workweek to distribute safety materials and programs to all site personnel. No interaction with students, staff or public will be tolerated on this project. Any persons caught doing so will be terminated. Morganti will maintain, at all cost, a safe environment for this project as well as all construction personnel. This Is achieved through: • Fully Implemented Safety Plan • Regular OSHA Training for all Field Staff • Drug Testing of all Employees ■ Scheduled Site Inspections with representative from Insurer In addition to our extensive experience on active sites, Morganti offers the students, faculty, and administration an exemplarily safety program. Our current EMR rating is .77. Morganti has also been the recipient of the AGC's Safety award for the last three years. This is a result of our diligence in assessing current project conditions and then developing a formalized job -specific Safety plan. Our Safety Action Plan Incorporates the belief that Quality, Production, Efficiency, and Safety shall be planned into the project and each shall have EQUAL importance In the prosecution of this project. This program will enhance our effort at achieving "Zero Losses" and avoid employee injury, property damage, loss production, and occupational illnesses. Morganti ensures the adherence to our job specific Safety plan by all personnel working and visiting the site. The Safety Plan is included with all bid documents and becomes a part of each contractor's contract. The plan requires that contractor's site personnel all have a minimum of 10hr. OSHA training, with 30hr. training required for all foreman. We also hold a safety orientation, where we require proof of OSHA training and provide the contractor's personnel with our expectations of the safety requirements at this site. After the orientation is complete, we have each participant sign an 'Orientation Acknowledgement" and each is given a Green Safety Decal that must be wom upon their hardhats, signifying their completion. Morganti will provide the highest degree of safety on this project. Highlighted by this outline: 1. Formalized Site -Specific Safety Plan 2. Logistic Plan a. Include in Bidding Documents b. Outlining traffic patterns c. Designating lay down areas d. Remediation requirements i. Monitodng responsibilities !I. Soil Stockpile handling e. Communication mandates f. Emergency plans Perimeter Fencing securing the entire site Prominent Safety signage easily visible ID Badges for all site personnel Wash -down station at truck exits Develop optimal construction route to avoid campus traffic Formalized Safety Orientation 3. 4. 6. 6. 7. 8. Bringing you a WORLD of experience w w w m o i cj a n 1 i. c o m 32 WD MORGANTI a. All site personnel OSHA trained b. Signed Orientation acknowledgements c, Hardhat Safety Decal for easy identification d. Manuals on -file at site 9. Communication requirements a. Regular meetings with Goodwin Administration Attachment I. Schedule updates Site Safety Plan Employee Acknowledgement ii. Phase notifications b. Agenda item in all regularly scheduled meetings c. Safety Toolbox meetings required of contractors d. Emergency reporting procedures 10. Daily Site inspections Morganti maintains a company wide intra -net database called MAPS. The acronym stands for Methods, Applications, Procedures and Standards. It is a resource, along with Its lessons learned section that all project teams use as a guide when developing their Site specific plans. The following template is taken from our Safety Section. The Morganti Group, Inc. SITE SPECIFIC SAFETY PLAN Table of Contents I. Philosophy Il, Morganti Responsibilities III. Subcontractor Responsibilities IV. Schedule of Safety Meetings V. Job Site Safety Surveys and Safety Violation Notice VI. Notification of Visit by Regulatory Agency VII. Environmental Protection Plan VIII. Site Specific Hazards and Special Requirements ATTACHMENTS Attachment A Lockout and Tagging of Circuits Attachment B Fire Safety Program & Employee Emergency Plan Attachment C Man-hour Incident Summary Report Attachment DI Signature Forms for the Site Specific Safety Plan Attachment D2 Site Safety Plan Employee Acknowledgement Attachment D3 Site Specific Hot Work Permit Attachment E Special Site Specific Safety/Health Concerns Attachment F Accident/lncident Investigation Forms Attachment G Site Logistics Please see 1 full copy of Morganti's full Safety Program included with these proposals. 3J Bringing you a WORLD of experience v: vv m <- I y P" MORGANTI 2.9 Quality Control Program Provide a complete quality control program which will become a compliance document upon award of a Construction Phase Contract. This plan should address all aspects of quality control including responsibility for supervision of work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with building inspectors. QUALITY CONTROL Morganti's quality program emphasizes prevention, communication, and inspection. As construction manager, Morganti employees our Standard Project Procedures Manual as the basis of quality control for each project. This process begins by working with the Owner to fully understand and document quality expectations, both for the construction management process as well as the building itself. Careful planning Is conducted at the outset to remove as many risk areas as possible. Then quality expectations are communicated to all participants in the pre -construction process and subsequently throughout construction. Morganti's Quality Management program requires focus on prevention, the continuous improvement of the management process, team problem solving and the involvement of employees at all levels. Working closely with our partners in the project development process, the owner and architect on one side and our subcontractors and vendors on the other, we utilize the planning, communications and monitoring tools necessary to establish and implement a Quality Control program that will carry from, project conception through to close-out and project acceptance. Following are specific areas that we focus on to ensure the production of a quality project: • Logistics Evaluation • Value Engineering I Constructability Reviews • CM/Owner/Archltect Meetings • Shop Drawing/Submittal Review ■ Testing Program • Mock -Ups ■ Protect Finish Work ■ Discuss Quality Control with the Subs ■ Learn for the Subs • No Substitutions Morganti's project managers and project superintendents employ the following components to ensure a quality product is delivered to the owner: • Pre -construction Meetings to inform sub -contractors of Quality expectations • Schedule Monitoring - understanding that Quality is compromised when subcontractors fall behind • Submittal Review to make sure the owner is getting what the contract document calls for • Daily Inspections WARRANTY SATISFACTION It is Morgantfs goal that you are completely satisfied with your new facility. During the warranty period, If there is a problem or a repair or simply, the fine tuning of equipment, Morganti insures that it will be taken care of in a timely manner. • At the end of the project you will be furnished with close out documents that will detail every aspect of your facility. These documents are broken into categories that correspond to the construction plans and specifications. This data will also contain information on servicing, cleaning and maintaining the products. • Owner training will be provided at the end of the project. This training will be video taped. The tape will be turned over to you with the close out documents for future reference. ■ You will be furnished with an (800) number to notify Morganti of a potential problem. ■ Morganti will then dispatch the appropriate party to make the repairs or revisions. • After all of these items have been completed, Morganti will contact you to make sure that YOU are happy with the repairs made. • To insure Items are completed in a timely manner, a log will be kept by the Morganti warranty control team, listing dates, problems, actions taken and customer satisfaction. This log will be sent to you monthly for your review. Morgantl incorporates the belief that quality production, efficiency and safety must be planned into each project and each shall have equal importance in the prosecution of this project. Please see 1 full copy of Morganti's full Quality Control Program included with these proposals. Bringing you a WORLD of experience w w w. m 0 t y a i i t t, c o 1 n 34 e. MORGANTI 2.10 Schedule Achievement Program Provide a timeline schedule for completion of the project and describe what techniques are planned to assure that the schedule will be met. --- -- 0010 PraOonl Du! — 0 10NOV10' 25d 10NOV10 - -- - 14DEC10 dPmposal Due I — Review PropoWs 6 Award r� UraMngs Complete & Permihed _ 0016 Ralew Proposale6Award - . 25d /ONOV10 0 tODECID UDEC10 00'10 Orsfdrlgs Complete S Penrdded o Notice to Proceed - —. - --- -' _--- --- — — — - e k4witze to site ConaWction_- -- -- 003D NOW b Proceed klarkta Enby Feature _ 0x00 NIo00aebSite OOS.IAN11-� 1Dd n -N11 Lo1MM11— 1 0210 comtrtwUon - Scheduling Rulh Jades Cottage Reloaebr —. 00 MOblltzebslle M19410 O OS JANII 7- Iyw0pn o Moulve a Site _ consuwson _ -' _ _-_ _ ._._. 4od os 11 _ 01MMt11 47ew Park Arn&Ihe Ire — kbbMte b VA O1i00 Mobiiu to Sils r...w.... _ OlI3JAN11 40d OWMi11 0WAR11 �hwbon _. .. -. — — -- — raW Com tlon __-. Us18 Cbse out Domaronts The Morgantl Group, Inc. Boynton Beach Projects O substantial CornPleaon - Punch WI & hose out Doornanls o Flnel Compleecn -- � E+Mar b 0 Progress bar � crkkal bar summary bar 0 start mmeswn print p F"Sh msaslone point Project scheduling at Morganii occurs in three phases, resulting in successful project completion. The three phases include: Project Planning Design Phase Scheduling Construction Phase Scheduling Phase 1 Scheduling Workshop Key Milestones Project Planning CPM schedule created utilizing Primavera scheduling software Phase 11 Design Phase Schedule monitored Long Lead purchasing scheduled Bid Management scheduled Schedule is crew and cost loaded Updated Biweekly Phase 111 Provides System to Track Performance Updated Bi -Weekly Mitigate Schedule Impacts Transition Activities At the start of every project, all team members attend a scheduling workshop to develop a Master Project Schedule. At the scheduling workshop, all team members input their projected timetables to accomplish schematics, design development, working drawings, financing, permitting, cost estimates, submittals and shop drawings, reports, inspections, observations, tests, Owner purchasing, student and staff occupancy and departmental reviews. 35 Bringing you a WORLD of experience w w w. nl 0 1 9 a 11 1 i. c c> m MGRGANTI This information is utilized to create a computerized schedule using the Critical Path Method, (CPM). The CPM schedule Includes all design, bidding, construction, and Owner/User transition activities. It is then utilized to monitor the schedule for all phases of the project. DESIGN PHASE Developing and meeting a schedule is as important during the design phase as it is during construction. It is our responsibility to create and monitor, on a bi-weekly basis, the design schedule. Key elements include: • Schedule and monitor the timely submission of all design documents by the Architect. ■ Schedule and monitor all budget estimating and value engineering. ■ Early breakdown of bid -packaging that optimizes competition and maximizes local and minority participation • Research and schedule for statutory and code approval process and regulatory agencies ■ Allocation of manpower and cost loading projections. Cost and manpower loading is performed on all projects in order to project peak manpower and revenue requirements. ■ Schedule and monitor the bid management process including subcontractor pre -qualification, bidding and contracting. CONSTRUCTION PHASE To aid in the use of the CPM Schedule as a management tool, the bid package contains subcontractors' construction schedule so subcontractors can review the schedule prior to bidding their work. Subcontractors are required to attend pre-bid conferences. Here they are exposed to the overall schedule and. by submitting a bid, the subcontractor acknowledges the schedule requirements. The schedule is made a part of the subcontractor's contract. For each construction activity, the subcontractor is required to provide a detailed breakdown of the work to be implemented within the scheduled time frame. The construction schedule includes all material/equipment submittals and procurement activities, beginning with submission and approval by Morganti, and subsequent submission and approval by the Architect. Delivery requirements are also included. During the construction phase, the CPM network is computerized and updated on a bi weekly basis. All team members who have a responsibility identified in the schedule receive an updated report to keep them informed of their responsibilities and due dates. This schedule information will show the interrelation of the activities, identification number, description, responsible organization, duration, location, early start date, early finish date, late start date, late finish date, total float and designate those activities that are critical. Except for procurement activities, no other activity shall have a duration in excess of 30 work days. Continuity - The subcontractor will prepare short interval schedules for weekly project meetings, generally covering a two-week period. The duration and sequencing proposed by the subcontractor for his activities must fit within the framework and milestones of the project schedule. Discrepancies between short interval schedules and the project schedule shall be brought to the attention of Morganti. These schedules will become the basis for daily monitoring of progress and coordination of the work. Morganti will integrate all Owner/User occupancy activities such as equipment ordering, delivery of that equipment, and systems training. At the completion of the project, our team will work daily with the Owner/User to ensure a smooth transition toward occupation of the facilities. Interaction - Morganti meets with all major subcontractors to first establish an overall project time frame and then establish the construction sequence if the project includes multiple buildings. Morganti then meets With subcontractors Individually to establish the breakdown of activities, duration and the related manpower requirements to complete the work. This information is input Into the computer to produce a preliminary project schedule while these major subcontractors go back and confirm lead times for material with their suppliers and duration of work with 2nd tier specialty contractors. Any discrepancies or items that need special coordination are then discussed and the outcome is entered into the final schedule for distribution. The schedule is then constantly monitored and regularly updated as required to input actual dates and/or necessary revisions. Actual dates and necessary schedule revisions are usually established and reloaded at the weekly on-site subcontractor meeting held by the Morganti project superintendent. Bringing you a WORLD of experience w w w m o i q a it I i. c o m 36 Qtp MORGANTI Coordination - Coordinating a construction schedule with crew loading can be very valuable and essential in certain cases. Sharp fluctuations in labor demands, are not desirable and is usually impossible to overcome when needed. Schedules should be examined to detect where several activities may require concurrent work by the same trade, causing a peak in labor demands. Float time of predecessor and successor activities can be adjusted or re -sequencing of a certain area's work activities are ways to alleviate excessive labor demands if known ahead of time, therefore preventing an unnecessary delay. Morganti was recently asked to shorten the overact project duration while additional work was added. The critical path items of the schedule were identified and meetings were held with applicable subcontractors to determine if the owner's request could be met. Available manpower and critical activities had to be assessed as well as cost and time impacts had to be resolved with each subcontractor and owner impacted. The project had to be totally rescheduled and double shifts are being utilized. Completeness - Utilizing Primavera Suretrak or Project Planner (P3) software, Morganti uses many types of computer generated schedules In the CM process. The master schedule Incorporates all activities of each schedule. Sub -schedules used include preconstruction & design phase, bid packaging, submittal & shop drawing, purchasing & procurement, construction phase, short intervattlook ahead, responsibility sorted, occupancy & building turnover and post construction phase schedules. Each schedule can be printed/plotted In various formats or applicable information from within each schedule can be printed in report form as needed. Record Keeping - Our scheduling system is capable of running an unlimited variety of scheduling reports to aid the construction team In evaluating the project status, and to aid in the planning of construction activities weeks, even months, in advance. Types of reports frequently used include: • Preconstruction & Design Phase Schedule ■ Bid Packaging Schedule • Submittal & Shop Drawing Schedule • Material Procurement Schedule • Purchasing Schedule • Construction Phase Schedule ■ Short Interval Schedule ■ Post Construction Phase Schedule ■ Occupancy/ Building Turnover Schedule • CPM Network Bar Charts - This report is a graphical representation of the project schedule either in part or in its entirely. These reports show activity relationships so that scheduling impacts can easily be determined. ■ Master Schedule - This reports lists all job activities in order of precedence from execution of the contract to final completion ■ Responsibility Sorted Schedule - This report lists each activity for any individual subcontractor for the entire project. The responsibft schedule is used to manage and coordinate each Individual subcontractor. ■ 2 -Week Look Ahead - The field superintendents utilize this report for week to week coordination ■ Critical Report - This report identifies which construction activities are critical for the timely completion of the project. La Porte ISD Technology Center 10 months $5,676,000 aompamw wnvunsusn. Northeast Multi -Service Center 16 months $6,493,526 Completed On -schedule Southwest Mufti -Service Center 15 months $4,034,964 Completed Ahead of Schedule Bayport Cruise Terminal Complex 28 months $22,500,000 Completed O*Schedule Highlands Middle School 22 months $24,483,587 Completed On -Schedule METRO West Beffort Park/Ride 8 months $1,2e9,000 Completed On -Schedule METRO Rail Finishes 21 month $18,000,000 Completed On -Schedule Citrus Grove Elementary School 14 months $23,320,000 Completed On -Schedule 37 Bringing you a WORLD of experience w w w m o r 9 a n t i c o in �r ' MORGANTI Murray Middle School Ph. 2 11 months $8,954,000 Completed Ahead of Schedule Murray Middle School Ph. 1 11 months $6,979,000 Completed Ahead of Schedule Jensen Beach High School 24 months $47,800,000 Completed On -Schedule JD Parker Elementary School 14 months $16,322,000 Completed Ahead of Schedule Pierce Hammock Elementary School 12 months $12,769,000 Completed On -Schedule Coconut Palms Elementary School 10 months $11,000,000 Completed On -Schedule USPS Bulk Mail Facility 25 months $32,400,000 Completed Ahead of Schedule La Porte New Technology Center 9 months $5,676,000 Completed Ahead of Schedule SWINE Multi -Service Centers 16 months $10,528,490 Completed On -Schedule UH School of Music 22 months $18,242,254 Completed On -Schedule Queens Col4e Powdermaker Hall 57 months $46,000,000 Completed On -Schedule WCSU Science Building 24 months $31,000,000 Completed On -Schedule WCSU Parking Garage 13 months $17,500,000 Completed On -Schedule Key West InVI Terminal & Pkg Garage 39 months $31,613,533 Completed On -Schedule BU School of Mgmt & Pkg Garage 28 months $82,500,000 Completed On -Schedule Norwalk Train Station Pk9 Garage 18 months $12,500,000 Completed On -Schedule Jupiter Community High School 24 months $47,301,978 Occupied Ahead of Schedule Broward County Convention Center 30 months $32,000,000 Completed On -Schedule Ft. Lauderdale International Airport 21 months $20,500,000 Completed On -Schedule 1 South Florida Expo Center 9 months $8,200,000 Completed On -Schedule "The Morganti Group. Inc. has provided Construction Management Services for some of the most significant and complex projects constructed by the St. Lucie County School District. 1 can report that Morganti Group, Inc. has had a 100'/0 success rate in the following areas: 1. Meeting the project budget. 2. Maintaining the project GMP. 3. Completion of projects on or before schedule. 4. Providing exemplary quality of construction. 5. Maintaining an excellent relationship afterwards on warranty calls. We appreciate Morganti Group, Inc. contributions to the School Districts goal of every child, everyday in educational facilities. As always it is a pleasure building educational facilities with Morganti." JOHN GILLETTE Senior Project Manager, St. Lucie County School Board Bringing you a WORLD of experience v, w yr . m o r g a n t 1. c 0 m 38 MORGANTI 2.11 MWBE Program All proposers must submit a written and signed statement indicating a willingness to make a good faith effort to utilize minority and women -owned businesses in the construction of this project. PROVEN MINORITY COMMITMENT The Morganti Group, Inc. will guarantee exceeding all participation goals by the owner to utilize minority and women -owned businesses in the construction of this project. James Auld Signature i Vice President Title PROVEN MINORITY OUTREACHIUTILIZATION The most important principle to a successful project is a team approach with clear lines of communication between the team in which there is mutual respect and confidence by each member for the skill and experience of the others. Throughout each project Morganti has operated as an extension of the owner, complementing the team's capabilities, representing the team's interests and insuring all goals are met. Below is a list of Minority Subcontractors, going as far back as the mid 90's, brought on by Morganti on a first-tier basis which have been developed into Morganti's go -to subcontractor pool. Pierce Hammock Elementary School n,...+.�M e.,,.,, M- t49 7Ro_392 Goal: 15%1 Achieved: 31% 10 TAL 0,925,1135 Ancillary Office Building �.....a, ► e., .,.,t• CO Aon non Goal: 30%1 Achieved: 64% Grey Construction $824.5111 Algarve $6,800 Siboney Contracting Co. $300.000 B&B Underground __ $1,625,864 The Velcon Group, Inc. _ $29 500 Sol -A -Trot $36,2 _ Zaharions $75,835 Miles Construction Services $64,906 HYVAC Inc. ------ $874378 Frances Engineering $90 785 10 TAL 0,925,1135 Ancillary Office Building �.....a, ► e., .,.,t• CO Aon non Goal: 30%1 Achieved: 64% I V I ML iL,YOV,V 1 a Broward County Convention Center Contract Amount: $24,701,007 Goal: 25% 1 Achieved: 25% 39 Bringing you a WORLD of experience 111v,, � c'> I United Networld $20 800 GPM Inc. $613399 Usama $65,000 Mardato _____ $20,920 Ka Enterprises _ $29 248 TBS Construction Specialty $15,411 Star Quality $45,200 JR Lon __ $344,000 Bav to Ba $11'400 Ai3,A Electric __ 934 701 I V I ML iL,YOV,V 1 a Broward County Convention Center Contract Amount: $24,701,007 Goal: 25% 1 Achieved: 25% 39 Bringing you a WORLD of experience 111v,, � c'> I MORGANTI Summertleld Elementary School Contract Amount: $2.382.814 TOTAL $4,846,400 Gnat- 20%1 Arhimumiq 41 *A Stoner & Associates 30,06-0 Stone Circle 50,000 A-1 Duran 380,000 Miles Construction 60,000 Hurricane Resistant Const. 50.0w oodworking Unlimited 10,0W Miles Construction Services 240,000 Baron Sign 30,000 MulO-Line Building Specialties 60,000 Lace Food Service 1 200 000 Francis Engineering 575,000 HYVAC Inc. 2,161 App Summertleld Elementary School Contract Amount: $2.382.814 TOTAL $4,846,400 Gnat- 20%1 Arhimumiq 41 *A Collins Elementary School Contract Amount: $2.146.947 TOTAL $806,523 (Inal• sngc 1 Arhinvada L1 OL United NetworkingEnterprises $9,430.00 GPM $421,398.00 L & A Metals $97,795.00 Star Quality $27,600.00 Superior Mechanical Systems $250,400.00 Collins Elementary School Contract Amount: $2.146.947 TOTAL $806,523 (Inal• sngc 1 Arhinvada L1 OL Riverview High School Contract Amount: $2.678.995 TOTAL $875,947 Gnal• 20% 1 Arhieve": ISM Minority SUI)�,Orltr,%ioT United Networkina Enterpr1ses $9,464.00 GPM $446,202.00 L & A Metals $99,781.00 Star Quality $33,600.00 Superior Mechanical Systems $287,000,00 Riverview High School Contract Amount: $2.678.995 TOTAL $875,947 Gnal• 20% 1 Arhieve": ISM Minority SUI)�,Orltr,%ioT L & A Metals $127,45630- 127 456.00Star StarQuality $9,500.00 General Works $198,888.00 United Networldng Enterprises $12,329.00 GPM $147,716.00 All Phase Electric $457,253.00 Rodgers Middle School Contract Amount: $1,194,585 TOTAL $995,291 Goal; 30% /Achieved. 49°h Roosevelt Magnet Middle School TOTAL $580,444 Contract Amount: $15,591,103 Goal: I S% /Achieved: 17% Bringing you a WORLD of experience w w w. m o 1 9 a 11 t i. r, 0 m 40 United Networking Enterprises $7,290.00 GPM $275,000.00 L & A Metals $66,708.00 Star Quefity $15,700.00 .Superior Mechanical Systems $190,000.001 All Phase Electric $210,273.00 Roosevelt Magnet Middle School TOTAL $580,444 Contract Amount: $15,591,103 Goal: I S% /Achieved: 17% Bringing you a WORLD of experience w w w. m o 1 9 a 11 t i. r, 0 m 40 `SVD MORGANTI IV 1/1L .p&,�.,,vu Carlos B. Haile Middle School Contract Amount: $15,200,000 Goal; /Achieved: 11 •� --- Goitts & Michuda Engineering _ $14,909 The Velcon Group, Inc. $87,870 Francis En ineerin $18,500 ---------- NRWindows $147,7 09 United Millwork $395,000 Hi -Te Inc. $530,000 B&B Properties $800 000 All Phase Mason $203,375 Moore's Piumbin $850,000 , !A Q.7 AQQ IV 1/1L .p&,�.,,vu Carlos B. Haile Middle School Contract Amount: $15,200,000 Goal; /Achieved: 11 •� 1 V I^U P.,vv,,. Nathan S. Young Middle School Am t $8 elft 358 Goal. 10%1Achieved:120% Contract oun • , T --- B&B Pro rties $1,258,000 Circle M Construction $14,300 Sol A Trol $205,000 Perez Tile $45,220 lRolling Oak Supply _ W8.500 TI1TA1 !A LA.1 n -2n 1 V I^U P.,vv,,. Nathan S. Young Middle School Am t $8 elft 358 Goal. 10%1Achieved:120% Contract oun • , T --- gum Foristall Ent. $28'900 4J's Structural Steel Works _ _ $17,28,6 Perez Tile $19,050 Capitol Cleans $3120A' Rolling Oak Su I _ —_ _-- $11,900 Superior Mech. $5,701 Q's Structural Steel Works $82.330 M. Rahman Inc. _- $23170 Perez Tile _ $85.00 Capi Cleanlng - $22,0Q0 Rolling Oak Supply — _ .._ 'Superior -- $533,000 Mach. _ 831 538 VI1P S , Everglades Elementary School rnal! 22%1 Achieved: 23% GonuacrHmounr. ver v1V --- -1 Duran Rooliin 0 $,800 _ ____ $10,000 $1 CAI Architects $181,400 B&B Prorties - -_ $17,543 Baron Signs _ $122.250 Francis Engineering $964086 H ac _._-- _ $25 375 M. Rahman Inc. _- $,745 Miles Construction $58 202 Multiline Specialties $142.543 Sol -A-1 rol _ - _ $11,278 Stone Circle �—� - _____ $14,885 Tropic Fence __--- _ _-- $259 606 Woodwork) Unlimited __ ____ Tf1TA1 e9 9A7 711 Coral Springs Elementary School r.nntract Amount: $11.094.096 Goal: 22%1 41 Bringing you a WORLD of experience Vj w k 0 ACAI Architects $10,000 B&B Prcipertles $1,038000 Francis Engineering $122,250 Hyvac $980,000 M. Rahman Inc. $26,700 Sol-A-TroI 1 $142,5431 Lake Worth High School Contract Amount: $13,430.000 TOTAL $2,691,573 Goal: 15% / Achieved: 24% PSIA General Aviation Facility Contract Amount: $750,000 Contractors Woodlands Community Middle School Contract Amount $15,900 000 TOTAL $3,282,882 Goal; 15% / TOTAL $284,984 Goal: 15% 1 Achieved: 20% B&B Properties_ $510,7 B&B Pro ertles $312,689 Fish & Plant Ranch $10,700 Tri -City Steel $270,724 United Millwork $85,793 NRWindows $329,000 Total Quality Services $17,800 Multiline Building Specialties $1,979 B&B Window $13,706 Falcon Fire Protection $161,146 lHYvac Mechanical $1,568,557 PSIA General Aviation Facility Contract Amount: $750,000 Contractors Woodlands Community Middle School Contract Amount $15,900 000 TOTAL $3,282,882 Goal; 15% / TOTAL $284,984 Goal: 15% 1 Achieved: 20% Oslo Middle School Contract Amount 210.138.000 TOTAL $3,230,542 Goal: 0% 1 Achieved: 13% NRWindows $154,990 United MllhNork $411,994 Wo -Bak Corp. $1,149,586 The Velton Group $90,275 Francis Enalmering $18,500 Moore's Plumbing $650,000 B&B Properties $508,732 Trident Surfaces $91,312 All -Phase $155,153 Oslo Middle School Contract Amount 210.138.000 TOTAL $3,230,542 Goal: 0% 1 Achieved: 13% TOTAL $1,356,006 Glades Central High School MORGANTI Bringing you a WORLD of experience w w w. m u r u a n i i. c o m 42 Coastal Ornamental $5,029.00 Complete Carpentry $46,635 G K Fisher $792,500 B&B Paving $234,962 Schwey Services $130,085 Trident Surfaces $62,500 United Irrigation $35,950 I Specialty Sales $5,346 Velcon $43,000 TOTAL $1,356,006 Glades Central High School MORGANTI Bringing you a WORLD of experience w w w. m u r u a n i i. c o m 42 rnm—M Ammint• 197.69g_11so /,.;i V w MORGANTI Goal:15% /Achieved: 15% Orchard View Elementary School Contrail Amount $9 424 350 tU 1 AL 54,221,666 Goal: 15% / Achieved: 22% Odums PotSoil __ 7$110,868 Rio -Bak Co $3,370,59 7 Rio -Bak Cor . $315,073 NRWindows $126,000 Owen Custom Woodwork, Inc. $40,128 All Specialty Sales $24,000 Francis Engineering $35,000 Moore's Plumbing $200,000 Orchard View Elementary School Contrail Amount $9 424 350 tU 1 AL 54,221,666 Goal: 15% / Achieved: 22% TOTAL 52,071,69.) USPS Bulk Mail Facility Emergency Operations Center r....•..,..• e..,..,...a to 447 nnn I VIAL 4111r62,9 -1U Goal: 20%1 Achieved: 30% Wuu99va r9a.w..9. Lemuel Ramos & Associates $468,000 Francis En neeerin ___ 102,500 NRWindows $101,733 United Millwork $241,857 All Phase Masony $197,037 Wa ner, Inc. _ $332,450 B&B Properties $168,000 EC Strokes Mechanical $300,000 Miami Microntonics $160116 TOTAL 52,071,69.) USPS Bulk Mail Facility Emergency Operations Center r....•..,..• e..,..,...a to 447 nnn I VIAL 4111r62,9 -1U Goal: 20%1 Achieved: 30% Wuu99va r9a.w..9. B&B Properties- _ __ $241,000 OC Trucking $40,000 The Velcon Group $10,0 Des n for Living- ___- _ $9,800 United Millwork$142,456 $123,629 All Specie — $ — 4200$568 _ Horizon 000 Grey Construction $800,000 Coconut Palms Elementary School r....•.e. • A -19n/• t44 nnn nnn I V I AL 41 1,6.100MU Goal: 22%1 Achieved: 44% I V 1 AL 414,o 1 _ I,QOL 9J Bringing you a WORLD of experience Frances Engineering S119.750 HYVAC Inc - $981,964 M. Rahman - --_T--- ___ _ $26,700 Sol-A-Trol $152,268 Miles Construction Services $123,629 AUanUc Interiors ___ $580,347 B&B Underground $2 533,154 Fernandez Cabinets _ $293 650 I V 1 AL 414,o 1 _ I,QOL 9J Bringing you a WORLD of experience MORGANTI MetroWest Elementary School Contmol Amount. !15.884.712 Goal: 23% 1 Achieved: 39% Sadler Elementary School Cnntracl Amount: 514.182.000 TOTAL $5,022,669 Goal: 23% /Achieved: 42% Waste Management $50,000 eadin Ede $27,950 Cross Construction $52 524 Hall Company $173,432 Haupt Roberts $146,810 Tilt -Con $1,200,180 HMB $956,122 Arch Alum Tech $278.720 Mader SE $158,943 Great Lakes $350135 Dunkman Paint $245,582 Mikes Iron Works $76,200 Chopper Cleaning $63,690 Vertical Unlimited $13,495 Heichel Plumbing $101 799 Westbrook $432,825 Sun Kraft Electric $505,342 BPA $189116 Sadler Elementary School Cnntracl Amount: 514.182.000 TOTAL $5,022,669 Goal: 23% /Achieved: 42% Palm Lake Elementary School Contract Amount: 114.396.400 TOTAL $5,919,600 Goal: 23% 1 Achieved: 32% Avacor $1398 Dora $2,350,000 Mikes $47,481 Mikes $18,000 HMB $233,800 Mikes $20,678 Hartford $41,000 Arch. Aluminum $24,335 Mader $80,000 Haynes $135,742 Emerae American $244,812 Window International $8,446 Celectsys $2,034,250 Palm Lake Elementary School Contract Amount: 114.396.400 TOTAL $5,919,600 Goal: 23% 1 Achieved: 32% Bringing you a WORLD of experience w w w. in o r g a n 1 I. c o in 44 Waste Man ment $49,000 Leads E e $23 485 CST Environmental 162,850 Hall Com an $146,741 Haupt Roberts $154,920 "on $268,758 MB $941,610 he Roof Authority $124,946 Stuart Paint $55,000 h Alum Tech $283,615 real Lakes $318,356 Ken t $19,695 Bringing you a WORLD of experience w w w. in o r g a n 1 I. c o in 44 oyl@ MORGANTI Dunkman Paint $201,425 Mikes Iron Works $74,240 Chapper Cleaning $51,950 Southeast $27 685 Westbrook — $439,317 _ United Electric $429,6461 TOTAL $3,798,146 West Gate Elementary School r:nntrnnt Amount- 510.610.000 Goal: 150/6 / Achieved: 22% rOTAL $2,364,614 Forest Hill Elementary School C nntrarf As 110.561.627 Goal: 15% 1 Achieved: 17% • B&B Under round $1 230 288 Sol -A -Trot $119,287 Atlantic Interiors $708,900 Miles Construction Services $110,403 D6cor Painting_ $79,736 Frances En ineerin $116,000 rOTAL $2,364,614 Forest Hill Elementary School C nntrarf As 110.561.627 Goal: 15% 1 Achieved: 17% TOTAL $1,807,459 Jupiter High School Contract Amount: $47 301 978 Goal: 15%/ Achieved. 24% • h1irio B&B Underground $1,085,377 M. Rahman _ $14,000 Sol -A -Trot $41,467 Miles Construction Services $84,602 Ddcor Painting $65,308 Acoustical /Kwick Wall $8,400 Coastal Mechanical _ $300,000 Frances Engineering ____ $75,830 St er /A. Trailer $50,000 Stryker /A2 Group_ _ $50,000 Multiline Building Specialties $16,825 _ Custom Cleaning $15,650 TOTAL $1,807,459 Jupiter High School Contract Amount: $47 301 978 Goal: 15%/ Achieved. 24% rOTAL $11,237,390 "Morganti... sets an example o1 partnership with minority vendors not commonly seen. In Palm Beach County, one of the few joint ventures between minority and majority contractors occurred through Morganti. They consistently use minority firms in all levels of construction and services." ROSALIND L. MURRAY Executive Director, West Palm Beach Minority Business Development 45 Bringing you a WORLD of experience w w w o i o 1 y i� 11 ; c 0 m stical Products $15,500 B&B Unde round $5,673,937 Frances Engineering $420,000 Hufcor Gulfstream ^._._ $115862 HYVAC Inc. $3,500,000 M. Rahman _ $60.790 Miles Construction Services $614,591 Sol-a-Trol $378 440 Space Environments _ _______ $493,790 The Velcon Group, Inc. __ S64.4801 rOTAL $11,237,390 "Morganti... sets an example o1 partnership with minority vendors not commonly seen. In Palm Beach County, one of the few joint ventures between minority and majority contractors occurred through Morganti. They consistently use minority firms in all levels of construction and services." ROSALIND L. MURRAY Executive Director, West Palm Beach Minority Business Development 45 Bringing you a WORLD of experience w w w o i o 1 y i� 11 ; c 0 m t MORGANTI 2.12 Subcontractors If a proposer subcontracts any portion of the project for any reason, the proposer must state the name and address of the Subcontractor and the name of the persons to be contracted on the enclosed "Schedule of Subcontractors' Attachment "H" Schedule of Subcontractors. CRA reserves the right to accept or reject any or all proposals wherein a subcontractor is names, and to make the award to the proposer, who, in the opinion of the CRA, will be in the best interest of and/or most advantageous to the CRA. CRA also reserves the right to reject a proposal of any proposer if the proposal names a subcontractor who has previously failed in the proper performance of an award or failed to deliver Contracts of a similar nature on time, or is not in position to perform properly under this award. The CRA reserves all rights in order to make a determination as to the foregoing. Proposer shall include in their proposal a statement that if selected to enter into a Construction Phase Contract, that they shall periodically throughout the term of the Contract, provide the CRA an updated list of all subcontractors working on the project. The Morganti Group, Inc. will provide the CRA an updated list of all subcontractors working on the project at any time requested by the CRA. c4yd James Auld SIg2dture Vice President Title Please see Attachment H on the following page. Bringing you a WORLD of experience www . m o r g a n i i. con, 46 ATTACHMENT "H" SCHEDULE: OF SUBCONTRACTORS Proposers are to submit a detailed listing of any Subcontractor(s) participation of any protion of this project for any reason. Attach additional pages if necessary Project Title: CMAR Boynton Beach Amphitheatre Boynton Harbor Marina Entry Area Relocation and Renovation of the Jones Cottage Issuance Date: Proposers Name: The Morganti Group, Inc Name/Address/Phone of Type of Work to be Subcontractor Performed Dollar Amount % of Total Sunshine Land Design Div. 2 3291 S.E. Lionel Terrace Stuart, Florida 772-283-2448 Atlantic Interior S stems Div. 3 4 5 6 7 8 9,14 208 N. US 1 Suite #2 Tequesta, Florida 33469 561-575-4499 Hader Construction Div. 6 8,9 1684 Prairie Road West Palm Beach, Fl 561-308-2569 Descon and Associates Dlv. 1011 12 4720 nw 2nd Ave., D106 Boca Raton, FI. 33431 561-994-0820 Wilbur Plum in Div. 15 1312 Commerce Lane, Suite 1 A ° Jupiter, Florida 33458 561-746-7429 Hill York Service Div. 15 3927 Westgate Ave s West Palm Beach, FI 561-689-7344 Belcher Electric Div. 16 2960 Melaleuca Drive West Palm Beach, FI 561-963-7773 f MORGANTI 2.13 Drug Free Workplace Certification In accordance with Florida Statute 297.087, the bidder shall certify that it has and will maintain a drug-free workplace. The bidder shall complete and submit with its bid proposal the attached certification, Attachment "I" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid proposal to be considered non-responsive. ATTACHMENT "I" DRUG-FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug-free workplace programs. Whenever two (2) or more proposals, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction. S) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program If such is available in the employee's community by any employee who is so convicted. d) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to alga the Statement, I certify that this firm complies fully with the above requirements. 4:::�2 "d Proposer's Signature V GL T 3-1S4&4,k Title Bringing you a WORLD of experience w w w. m o i y a n t i. c o m 48 MORGANTI 3.0 Pricing and Cost 3.1 Construction Services Price Proposal and Related Costs This price proposal shall be provided exactly in the format shown in Attachment "J" Proposal. The scope of the Construction Managers Work consists of the totality of the Construction Manager's duties and obligations under the Contract Documents, See Attachment "J"followina this pane. 3.2 Labor Rates Provide Schedule of Labor Rates for all personnel (and consultants, if any) providing Construction Services. See following this nage. 3.3 Self Perform Identify all work your firm would propose to self -perform for this program in recognition that such work would be competitively bid and awarded at the CRA's sole discretion. As a true Construction Management at Risk firm Morganti self -performs all field and home office support services only. All trade work is subcontracted to guallped firms properly surfed for the ra oiect 3.4 Proposal Bond Provide a letter from your bonding company that indicates your firm's current bonding limit and rating. Complete and include Attachment "K" Proposal Bond. Do not include bond costs In your fee or General Conditions. See bonding letter and Attachment "following this page. 3.5 Cost Reporting Provide samples of cost reporting formats that you have used successfully on similar projects. See following this pane. 49 Bringing you a WORLD of experience w w vv 111 o 1 o a 11 ? 0 111 ATTACHMENT "J" PROPOSAL Project Title: CMAR -OCEAN AVENUE AMPHITHEATRE -BOYNTON HARBOR MARINA ENTRY AREA -RELOCATION AND RENOVATION OF JONES COTTAGE (Project) Name of Proposer: We propose and agree, if this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, in the Contract Form as attached and incorporated into the Request for Proposal, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to completelprovide the work specified by the Contract Documents. Having studied the documents prepared by: VHB and REG and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Proposer agrees to aocept as full payment for the project. GRAND TOTAL: s i {�y . 0, 00 , 0 u t?Iu_ MI LL I V A) /"T► PV&Q Sl U c S! It AW1 Dollars and Cents (amount written in words has precedence) The undersigned Proposer agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within calendar days thereafter. X Original and six (6) copies of proposal submitted. X Attached is a computer-generated, horizontal bar chart showing proposed schedule of work. X Schedule of Subcontractor(s) submitted. X Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, Boynton Beach Community Redevelopment Agency 24 Ocean Breeze West Site Development covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The Proposer, by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised that in the event that the Proposer contests the award of this Project to another Proposer, the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer. Date 11/10/10 The Morganti Group, Inc. Name of Proposer, Corporation, Firm or individual By:�C nature James Auld Printed/Typed Name Vice President Title (561) 689-0200 Telephone Number Florida Contractor's License Number: CG -050879 Boynton Beach Community Redevelopment Agency 25 Ocean Breeze West Site Development BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Addendum 02 Cost Breakdown Harbor Marina Ocean Ave Jones Cottage Entry Amphitheatre Relocation DIVISION 2 $ 170,000 40,000 185,000 DIVISION 3 $ 40,000 40,000 35,000 DIVISION 4 $ 20,000 8,000 20,000 DIVISION 5 $ 6,000 5,000 20,000 DIVISION 6 $ 0 0 68,000 DIVISION 7 $ 5,000 11000 7,000 DIVISION 8 $ 0 11,000 28,000 DIVISION 9 $ 20,000 8,000 20,000 DIVISION 10 $ 8,000 78,000 18,000 DIVISION 11 $ 0 1,000 0 DIVISION 12 $ 0 0 0 DIVISION 13 $ 0 0 0 DIVISION 14 $ 0 17,000 0 DIVISION 15 $ 0 2,000 30,000 DIVISION 16 $ 30,000 40,000 40,000 Hard Costs - General Conditions $ 16,000 15,000 20,000 Supervision and Project Management $ 50,000 50,000 50,000 CMAR Fee $ 15,000 14,000 15,000 TOTAL $ 380,000 330,000 556,000 1,266,000 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PROPOSAL CLARIFICATIONS AND ASSUMPTIONS GENERAL ITEMS 1. The documents issued for pricing were indicated as not being complete. No contingency funds have been included for future revisions or scope changes due to the language utilized in the RFP. 2. The proposal does not include any permit fees and/or deposits. It is our understanding that any and all required permit fees will be waived. 3. The proposal does not include any costs associated with the services of a threshold inspector. It is assumed that all costs for threshold inspections, if necessary, will be provided by others. 4. It is assumed all costs associated with certified inspectors or inspections for permits provided by SFWMD, DEP, NPDES and all other governing agencies that may be applicable to this project will be waived or paid for by others. 5. The proposal does not include any utility fees including but not limited to tap fees, impact fees, or utility services. The Owner shall pay for all permanent meters. 6. Cost of relocation or removal of any power poles, overhead utilities, and underground utilities not indicated to be relocated on the construction documents is not included. 7. The Owner shall perform any and all surveys, removal, and/or abatement services of any environmentally hazardous material encountered or discovered during the course of the work. 8. The proposal excludes any cost associated with the removal of any unsuitable subsurface materials Including but not limited to deleterious materials, rock, hazardous waste, etc. 9. Firesafing and firestopping may be installed by multiple individual subcontractors and not by a single subcontractor. 10. Builders risk insurance premiums and deductibles shall be paid for by the Owner and are not included in this proposal. 11. It is assumed the Owner will provide all construction power for the complete duration of construction. 12.A cost and/or resource loaded schedule is not included. 13. Since the elevation of groundwater will fluctuate due to tidal, seasonal and rainfall variations, the dewatering, effluent disposal, and additional erosion and sediment control devices are not included in the proposal as this can not be fully defined at this time. 14. Division 1, General Requirements, was not available at time of bidding. Where Division 1 items conflict with the Agreement between the Owner and Construction Manager, the Agreement terms will govem unless specifically indicated otherwise and the price will be adjusted accordingly. HARBOR MARINA ENTRY 15. An amount for the signage tower is included although the architectural drawings of the signage tower were not available at time of bidding. The Construction Team will need to determine the cost impact once the documents are completed. 18. The proposal does not include any site electrical or electrical supply to the signage tower. OCEAN AVENUE AMPHITHEATRE 17. The proposal does not include any theatrical lighting and/or power for the theatrical lighting. JONES COTTAGE RELOCATION 18.The proposal does not include any costs for relocation of overhead utility lines or traffic control measures that may be required In order to move the cottage from it's present location to the new location. ATTACHMENT "K" PROPOSALBOND STATE Ole Florida COUNTY OF Palen Beach KNOWN ALL MRN BY THESE PREAMT6, that The Morganti Group, Inc. as Principal, and The Insurance Company of the State of Pennsylvania as Surety, authorlud to do business in the State of Florida are held and firmly, bound unto the Owner, Boynton Beach Comm mite Itedeveloomm Aaenov in the penal sum of, f=ive (6%) Percent of Amount bid Dollars (S — —596----- ----) lawlbl money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our helrs, executors, administrators and successors, }ohilly and severally, firmly by these presents. THE CONDITON OF THIS OBLIGATION 18 SUCH, that whereas the Principal has submitted the accompanying proposal, dated November 10 2010, for: Ocean Avenue Amphitheater, Boynton Harbor Marina Entry Area and Relocation/Renovation of the Historic Jones Cottage NOW THEnVORE, A. if the Principal shall not withdraw said Proposal within ninety (90) days atter date otopoming the setts, and shall within ten (10) days after the prescribed forms are presented to hien for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bonds with pods and sufficient surely or rinstiss, as may be required, tot the falthlhl performance and proper fuffiliroant of mh Contracl. then the above obligations shall be void and of no effect, otherwise to remain in fall fano and offset. B. In the event of the withdrawal of said Proposal within the period specified, or the fkRure to enter into such Contract and give such bonds within the time specified, if the Principal shall pay Ute owner the diflbrem between the amount specified in said Proposal and the amount for *tkh the Owmer may proems Urs required work and supplies. If the latter amount be In excess of the fbrmer. then rite above obligations shall be void and of no of act, otherwise to remain in full force sod effect. C. This bond is given to comply with Section 255.05, Florida Statues, and any action Instituted by any claimant under this bond for payment must be in accordance with the notice and time limitation provisions In Section 255,OS(2), Florida Statues. Boynton Beach Community Redavebpment Agency 26 (Prgwscl Bond Comimod) IN WITNESS WHEREOF, the above bounded parties have executed this irAlrument under their several Seals this 91h day of November , 2p 1l). being hereto affixed and these presents duly dglned by its undersigned representative, pursuant to authority of its governing body. PRINCIPAL: The Morgantl Group, Inc. Name of Firm WITNESS. (if sole Ownership or Partnership, two (2) Witnesses are required.) (if Corpor*", Secretary only w „toast and affix Seal.) itoess SI`oato e Witness 7P to of otbo OtQcer (Afilt Seal) ,SA,ii. Title 1450 Centroaark Blvd, Suite 280 Bodoni Address West Palm Beach. FL 33401 City and State SURETY: The Insuranoe Company of the State of Pennsylvania CwPorote Surety WITNESS! (Ifsole Ownership or Partnnship, two (2) Witnesses are required.) (If Corparatto», Secretary only w I attest and affix Seal.) Wilne" StgaaIM Attorosy-lo-Fact (Atrix Sul) Natalie Coneys -' Pmt Riek Sorvicee Name of Local Usuraoce Affacy 1001 Bdekell Say Dilve, Sue 1100 Bwluess Address Miami, FL 33131 City and Stete } Courtk ned By: ° V i. j -t Florlga, asldent Lpensed Agent. #A207 Boynton Batch Community Redevelooment Agency 27 POWER OF ATTORNEY The Insurance Conspany.of the State of Pennsylvania Power No. 12W Principal Bond Office: 175 Water Street, New York, NY 10038 No. 04-8.07.107 I(NO%V ALL MEN BY THESE PRESENTS; That The Insurance company orihe State of Pennsylvania. a Pennsylvania corporation, does hereby appoint -Kevin A. White. Susan M Kedian, Mark P Hercadeen, .,can Ai. Feeney, Michael J. Cusnck. Jean Correia, John J. Gambino, Nicole Roy. Natalie Coneys, Sandra C Lopes: of Boston. Massachusetts— its true and lawful Attorrtey(*M-Fact, with full authority to execute on its behalf bonds, rmderttikings; rccogniianccs and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to hint the respective company thereby. IN WIT'NF.SS WHEREOF, The insurance Company ofthc Statc of Pennsylvania has executed these presents CERTIFICATE Exerpts of Resolutions adopted by the Boards of Directors of Tbc Insurance Company of file State of Pennsylvania, on May 18, 1976 "RESOLVED,, that the Chairman of the Board, flit Prc;idcnt, or any Vice President be, and hereby is, outhorized"to appoint Atfomcys-in-Fact to represent and act for and on behalf of the Company to execute bonds, underlakings, rec"Aizances and other contracts of indemity and "writings obligatory in Ute nature thereof, and to attach thereto the corporate seal of file Company, in the transaction of its surety business; "RESOLVED. that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by -facsimile, and any sueh Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Cohipatry whet, so affixed with respect to any bond. undcriaking, recognizance and other contract of indemnity and writing obligatory in the nature thereof. "RESOLVED, that any such Auonheyin-Fact delivering a sesretatial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said datc to bg not later than the date of delivery thereof by such Attorney -in -Fact." 1, Andrew Holland, Secretary of The Insurance Company of the $tate of Pemtsyh•ania, do hereby ceni5, that the, fQreg4ing cxerpts of Resolutions adopted by the Boards of Directors of this corporation, and the Pouter of Attomey issued pursuant thereto, are true mid correct, and that both tilt Resolutions ilii the Powers of Attorney are in full fora and effect - IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of the corporation 23238 (4tO2) this 9 day of November, 2010 Andrew Holland, Secretary this 41h day of Auguest, 2010 1 , Anthony Romano, Vice President STATE OF NE\\' YORK COUNTY OF NEN' YORK On this 4th day of Auguest, 2010 before me conte the abovr named officer of'fhe insurance Company of the State of Pennsylvania, to me personally JUL!" HALLENBECK known to be the individual and .officer described herein, and acknowledged that NoWyPublio•60pdNewYark he executed she foregoing insturment and affixed the seal$.of said corporation N0, Q11fA4125871 thereto by authority of his office. 0161111111111111110111111111111110, 1311111111110 W t7bnnitsionfixpitKApril It. 2013 CERTIFICATE Exerpts of Resolutions adopted by the Boards of Directors of Tbc Insurance Company of file State of Pennsylvania, on May 18, 1976 "RESOLVED,, that the Chairman of the Board, flit Prc;idcnt, or any Vice President be, and hereby is, outhorized"to appoint Atfomcys-in-Fact to represent and act for and on behalf of the Company to execute bonds, underlakings, rec"Aizances and other contracts of indemity and "writings obligatory in Ute nature thereof, and to attach thereto the corporate seal of file Company, in the transaction of its surety business; "RESOLVED. that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by -facsimile, and any sueh Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Cohipatry whet, so affixed with respect to any bond. undcriaking, recognizance and other contract of indemnity and writing obligatory in the nature thereof. "RESOLVED, that any such Auonheyin-Fact delivering a sesretatial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said datc to bg not later than the date of delivery thereof by such Attorney -in -Fact." 1, Andrew Holland, Secretary of The Insurance Company of the $tate of Pemtsyh•ania, do hereby ceni5, that the, fQreg4ing cxerpts of Resolutions adopted by the Boards of Directors of this corporation, and the Pouter of Attomey issued pursuant thereto, are true mid correct, and that both tilt Resolutions ilii the Powers of Attorney are in full fora and effect - IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of the corporation 23238 (4tO2) this 9 day of November, 2010 Andrew Holland, Secretary Aon Risk Serwces November 5, 2010 Construction Services rani fl Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 RE: The Morganti Group, Inc. Bonding Capability Ocean Avenue Amphitheater, Boynton Harbor Marna Entry Area and Relocation/Renovation of Jones Cottage To Whom It May Concern: This letter confirms that The Morganti Group, Inc. is a highly regarded and valued client of Aon Risk Services and The Insurance Company of the State of Pennsylvania. The Insurance Company of the State of Pennsylvania is licensed to conduct business in the State of Florida and is listed in the United States Department of Treasury's Listing of Approved Sureties (Department Circular 570) dated July 1, 2008. Furthermore The Insurance Company of the State of Pennsylvania enjoys an "A" rating from A.M. Best Company with a Financial Size rating of" W". Throughout The Morganti Group's relationship with its surety, the contractor has developed a strong track record of building and renovating complex facilities on time and within the available budget. With respect to bonding capacity, we hereby confirm that Morganti has a surety program of $100 million single and $500 million aggregate. We estimate the current available capacity is $250 million. Naturally, as is customary within the surety industry, the approval of any bid or final bonds is contingent upon a favorable underwriting review to include, but not limited to, the contract terms, conditions, documents, bond forms and confirmation of complete project financing by both The Morganti Group, Inc. and The Insurance Company of the State of Pennsylvania. Please understand that any arrangement for a surety bond is a matter strictly between The Morganti Group, Inc. and its surety. We assume no liability to third parties or to you by issuance of this letter. Please feel free to contact this office should you rued additional assurance regarding the technical ability of bonding capacity of The Morganti Group, Inc. Sincerely, " 6VMw Jean Correia Sr. Surety Account Manager (617) 457-7752 \gym Itkk Sen ire:. Inc. of �ta:.a. huscne One Federal Stievi Nib Flom Di-lon -NIA ` n'_1 ib tel h17, N2311x1 v"u.aunxam COST REPORTING SAMPLE I1 ORGANTI Bringing you a WORLD of experience . . PMIS MONTHLY REPORT NO.3 Hernando County Health Department September 30, 2010 FWde Department of Health TABLE OF CONTENTS Section Description Page SECTION 1.0 EXECUTIVE SUMMARY 1.1 Site/Civil Construction................................................................. 1 1.2 Building Construction ............................................ I.................... 1 1.3 Current iseuas............................................................................ 1 1.4 Construction Schedule and Substantial Completion ...................... 1 SECTION 2.0 NARRATIVE REPORTING 2.1 Current Project Status................................................................. 2 2.2 Future DevelopmentslExpected Achievements .............................. 2 2.3 Current Cost and Payment Status ................................................. 2 2.4 Progress Photographs................................................................. 2 SECTION 3.0 SCHEDULE CONTROL 3.1 Substantial and Final Completion Dates ........................................ 3 3.2 Current Schedule for Permitted Work ........................................... 3 3.3 Critical Issues to Monitor............................................................. 3 SECTION 4.0 COST CONTROL 4.1 Guaranteed Maximum Price (GMP) and Payment Status .................. 4 4.2 Changes to the GMP................................................................... 4 4.3 Direct Material Purchase and Tax Savings Goal .............................. 4 SECTION 5.0 PROJECT ACCOUNTING 5.1 Payment Status to The Morganti Group, Inc .................................. 5 5.2 Payment Status to Subcontractors ............................... I.,............ 5 5.3 Construction Manager Contingency ............................................. 5 5.4 Project Accounting Reports Attached .......................................... 5 APPENDIX.............................................................................. I... I...... 6 PMIS MONTHLY REPORT NO. 3 September 30, 2010 SECTION 1.0 EXECUTIVE SUMMARY 1.1 Site/Civil Construction Hernando County Health Department Florida Department of Health The retention pond and the Storm water piping up to the rain leader connections have been completed. The installation of the water line underground piping, fire one underground piping and backflow preventer, sanitary underground piping and the underground electrical rough piping has commenced. 1.2 Building Construction The building permit was Issued by the Hernando County Development Department on September 1, 2010. On September 13, 2010 the Florida Department of Health (FDOH) approved the building Guaranteed Maximum Price (GMP), as provided by The Morganti Group (Morganti), in the amount of $9,245,702.00, as drafted in the FDOH Amendment No. 3 to the Agreement and also provided to Morganti a notice to proceed for the building construction. The addition of the building GMP has increased the over all project GMP to $11,209,700.00 The foundation layout and excavation for the foundation footings have been completed with the exception of the new proposed addition. The installation of the foundation footings has commenced in the month of September. 1.3 Current issues Revised drawings for the 7,000 square foot proposed building addition and proposed preview g area expansion where submitted to the Hernando County Development Department for on September 15, 2010. The approval from Hernando County was still pending as of the and of September. 1.4 Construction Schedule and Substantial Completion The construction of concrete foundation work has commenced during the month of September in accordance with the project schedule. Construction is proceeding on schedule to meet the scheduled Substandel Completion data of August 22, 2011 and the Final Completion of September 21, 2011. PMIS MONTHLY REPORT NO.3 September 30, 2014 2.1 2.2 2.3 SECTION 2.0 NARRATIVE REPORTING Current Project Status Hernando County Health Department Floride Department of Health Site Work: The retention pond and the Storm water piping up to the rein leader connections have been completed. The installation of the water tine underground piping, fire Nne underground piping and backflow, sanitary underground piping and the underground electrical rough piping has commenced. Exterior Shell Work: The foundation layout and excavation for the foundation footings have been completed with the exception of the new proposed addition. The installation of the foundation footing installations has oommenoed. Future Developments 1 Expected Achievements October Site Work: The water line underground piping, fire line underground piping and backflow, sanitary underground piping and the underground electrical rough piping is scheduled to be completed. October Exterior Shell Work: The mechanical, plumbing and electrical underground rough piping to the concrete slab on grade is scheduled to be completed. The foundation footing installation is scheduled to be completed for the main building (excluding the proposed building addition). The concrete slab on grade preparation and placement is scheduled to commence. Current Cost and Payment Status The current project cost to date total Is $1,200,896.21 of which the Florida Department of Health has paid $837,013.89. The amount of $320,199.27 was submitted to MRI Architectural Group via application for payment number 009 on September 25, 2010. 2A Progress Photographs The appendix section of this report contains three aerial photographs and four sheets of ground photographs that were taken at the and of September. PMIS MONTHLY REPORT NO.3 September 30, 2010 3.1 3.2 3.3 SECTION 3.0 SCHEDULE CONTROL Substantial and Final Completion Dates Hernando County Health Department Florida Department of Health Construction is proceeding on schedule to meet the scheduled Substantial Completion date of August 22, 2011, and a Final Completion Date of September 21, 2011. Current Schedule for Permitted Work October Scheduled Site Work: • Water line underground piping • Fire line underground piping • Sanitary underground piping • Underground electrical rough piping October Exterior Shell Work: • Mechanical underground rough piping at concrete slab on grade • Plumbing underground rough piping at concrete slab on grade • Fire line underground rough piping at concrete slab on grade • Electrical underground rough piping at concrete slab on grade • Foundation concrete footing installation • Concrete slab on grade preparation and placement Critical Issues to Monitor Revised drawings for the 7,000 square foot proposed building addition and proposed parking area expansion where submitted to the Hernando County Development Department for review on September 15, 2010. The approval from Hernando County was still pending as of the end of September. 3 PMIS MONTHLY REPORT NO.3 September 30, 2010 4.1 4.2 SECTION 4.0 COST CONTROL Guaranteed Maximum Price (GMP) and Payment Status Hernando County Health Department Florida Department of Health Through Morganti application for payment number nine to period ending in September 25, 2010, the GMP thru FDOH Amendment #3 is $11,209,700.00. A total gross amount of $1,200,896.21 has been completed to date. A total of $837,013.89 has been paid to date to Morganti. A total amount of $320,189.27 is due for the current period. Total retainage being held at this time Is $43,683.05. Changes to the GMP On September 13, 2010 the FDOH approved the building GMP, as provided by Morganti, in the amount of $9,245,702.00, as drafted in the FDOH Amendment No. 3 to the Agreement. The addition of the building GMP has increased the over all project GMP to $11,209,700.00 4.3 Direct Material Purchase and Tax Savings Goal The tax savings goal for the project is $127,000.00. To date $7,994.39 of that amount has been achieved. PMIS MONTHLY REPORT NO.2 Hernando County Health Department August 31, 2010 Florida Department of Health SECTION 5.0 PROJECT ACCOUNTING REPORTS 5.1 Payment Status to The Morganti Group, Inc. At present $637,013.89 has been paid to The Morganti Group, Inc., of the total gross of $1,200,696.21 that has been completed to date. A total of $320,199.27 is due and payable by October 25, 2010, for work completed through the September period. Currently the total retainage being held is $43,683.05. 5.2 Payment Status to Subcontractors Through this September period, $408,030.30 has been completed by project subcontractors. Of the total payment due on October 25, 2010, $225,973.52 represents monies payable to subcontractors. 5.3 Construction Manager Contingency The current Construction Manager Contingency amount for the project is $190,000.00. A total of $0.00 has been expended to date, leaving a balance of $190,000.00. 5.4 Project Accounting Reports Attached Owner Requisitions Summary Report Requisition Summary Totals by Subcontract Direct Material Purchase Order Log Contingency Adjustment Log Contracts Summary with Changes 5 The Morgantl Group, Inc. Hernando Health Dept - NCCHC Job No: 29SE01 Prosect No: 70027200 Requisition Summary Totals By Contract Date: 9/30/2010 Page: 1 of 1 00001 $183,535.00 $0.00 Scheduled Previous AppOuUon This Period Tote) Stored To Doti nNahnee Balance To finish r neleln. To From Nueber Value 360.265.00 00003 $163,635.00 $123,250.00 $17,450.00 LOOM N01001 11CC011 00004 $231,114.00 $140,700.00 $26,116.00 51731345.00 $4,630.00 $62,299.00 00005 $231,114.00 5$681616.00 $29,663.00 00001 $700,709.00 $0.00 5471876,00 $47,875.00 $4,787.50 $660,701.50 $264,416.00 $4,530.00 00002 $703,789.00 $0.00 $101,740.20 $149,815.26 $14,991-62 $569,185.24 51,313,850.03 00008 00003 $703,7e9.00 5134,663.76 $146,959.27 $296,674.65 $29,657.45 $436.671.90 EE9001 NO1001 N00014 $1,200,896.21 $49,683.05 $10,052,486.84 Pawl 1181601 NCC912 -- 00001 51,800.00 $0.00 51,860.00 51,800.00 $.00 50.00 HAMM N0N101 NCCO13 $19,02D.00 $5,364.50 _. 58,658.00 $0.00 $12A8200 00001 $24,900.00 $0.00 $1,076.00 $1,076.00 $0.00 321826.00 00002 $24,900.00 $1,015.00 $5,376" $6,450.00 $0.00 518,450.00 00003 $24,900.00 $6,450.00 $8,260.00 514,700.0 50.00 510,200.00 00001 $183,535.00 $0.00 $110.330.00 5110,380,00 $4,630.00 $77,735.00 00002 5193,635.00 $105,800.00 517,160.0 $127,700.00 $4,530.00 360.265.00 00003 $163,635.00 $123,250.00 $17,450.00 $145,230.OD $4,630.00 $42,835.00 00004 $231,114.00 $140,700.00 $26,116.00 51731345.00 $4,630.00 $62,299.00 00005 $231,114.00 5$681616.00 $29,663.00 $203,ODB.OD $4,630.DD $32,636.00 00006 $1,963,998.00 $198,478.00 $51,408.0 $264,416.00 $4,530.00 $1,714,112.00 00007 $1,983,998.00 $249,886.00 5405,249.47 S559,666A7 $9,317.50 51,313,850.03 00008 $1,983,998.00 $650,347.97 $196,839.95 $856,505.42 $19,491.53 31,126,984.11 OOD09 $11209,700.00 $837,013.89 $344,390.79 $1,200,896.21 $49,683.05 $10,052,486.84 Pawl 1181601 NCC912 DDD01 $19,620.00 $0.00 $5,364.50 $5,364.5D $0.00 $13,865.50 06002 $19,02D.00 $5,364.50 $1,193.60 58,658.00 $0.00 $12A8200 report "k -Ma -1 E�prq^® � 1 ■ I�1 I�rA The Morganti Group, Inc. l4emando Health Dept • NCCHC Direct Material Log - Job No: 20SE01 With CO tnfotTnation Project No: 70027200 Pape: 1 of 1 to U so t►w1o.d aOMna C Front To PO 016. DOb Oaedo"O COYOWWO OM►ToW to dib Ra-n*bq Fbd00 Orpt of HOMth H" Poo &m* DW12440 0117@010 Oook C=WHOM Pips DC12124M :10.9/3.14 80A0 878,"8 Y" Mm*CwWW*kWm %s D02137b48 9/17/2010 Cook ONKAi kC M10 829,77t.OD $CA0 829,771 Y N Dosla7aw OF Dkbtu ft, firm 002137391 01812010 Cook CP WJCIF Diet 002137391 =19,309.72 80.00 ULM Y N SUM01 : 8t81,9 M 80.09 81311/01119 Titdw 8131,901.99 sm . 8131A"At bwd"d b 4266: 00% a.bw,Ow b be WM*B . IOS"% 1 Pd wvsft %hrAl di a AmW P PO M FA*W QnM6W s W O @drat The Morgantl Group, Inc. Hernando Health Dept • NCCHC Contingency Adjustment Log Job No: 39SE01 Project No: 70027200 Date: 9/30/2010 Page: 1 of 1 contlnSsmy MINK Type Number TM Issue SWO Date APPrewd AJusunant Adjuslo wnt Continency Adiustment Orlalnal Amount: SL 000.00 (� A�l�Oai�aii*" fOPM4�° N�N►'bi�9'� - - - .. , r _. u . b"dwWs Ripon R_PaorosAL_MoMvd&deywewroMIDe OW mR.w torv«swn+i.ioniMIAr The Morgantl Group, Inc. Hernando Health Dept - NCCHC Contract Summary Job No: 2gSE01 with Changes Date: 9/30/2010 Project No: 70027200 Page: 1 of 2 RwNed To Two Prom Nwnew TWO sbkm DW Tow Cost AP wt Chow Po win$ awye -Cow" Ban r ♦fwfuf, Hereat rexaff n. �....a�w... a..a.� ,� fufrnafa a��aewe w folie tt_ttne1L 00 00001 002137361,002137349A' E10= 9/112010 ($198,984.16) co 00001 OCA #318 MM Em 10J2$M $1GAMOD tum4 gawFN00001 Co 00002 AmwWtM-3Add11 SM 12rAIL OD8 $.1.000.00 Todob" 00 00001 Ammdeent$1 M $1617010 $4708.00 00 WW2 AmendMOM02 APP 71i/2010 $1,732,684.00 00 00003 Ametdwnl*3 NEW 9130=0 $21M702.00 Eww"WO ROW R„ Cli W The Morganti Group, Inc. Hernando Health Dept - NCCHC Contract Summary Job No: 298E01 with Changes Date: 9/30/2010 Project No: 70027200 Page: 2 of 2 Rwteed To Type Frac Number Tub 8latus Dab Totes Cost APprvd Chanyes Pendbng Changes conlrea<atur► Y1/1we1 YAlaa1 Ilr`_L'aa3 AMieajRrmeeeaeevAffleapM&M armee "MM So &a ti. Yribel lrClba7 R redyyrn 1laeroeraehM aHa/laea-!„a�aNi.Oa !9A 7aa as !a as l46.'150.eD_ CO 00001 Reprodudlon EXE W5010 521,260A0 Exp. NopM-phi- CO 00002 Repradudlon EXE 8/13/2010 ($1.000.00) Exp. Repm9rephl- TUM2 xnml Mccala Brd Lyarlh araaed M P•1ani,urr ]rmnaj_j1,12211 lean !1.110.12 Ii1L a2 Y •+ Alr1`-aM Avrwrnhf Y•161a79 W1712WO s].eea an !a ee saee�e !]_eaa as CO 00D01 M &W #1 Ovemlaht NEW 12/2911009 $600.00 Mall -UPS VER081 Y1uM1 Yrr�ai Gil ph •• Varbnn aN717aea !la60�a =e DQ !t aaa.ae la.00a.0a CO ODDOt Arend Nrtnm. Call NEW 120rM $1,60D.00 Planes -Verism ti a-. YrrIM1 Mcca17 numpskraimM 71ralParfaldaMs 711UMa 1,1K ]la -e UAL !e iia S16 ]t a en E><p•di4ar� — ROW Rai o+ JMW Construction Corp. CGCO25814 December 10, 2010 Mr. Michael Simon Development Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, Florida 33435 RE: Construction Management at Risk Projects Pricing Summary Mr. Simon, 4163 Artesa Drive Boynton Beach, Florida 33436 (561) 752-0480 Fax (561) 752-0481 We are pleased to submit to you the following bid pricing for the Boynton Beach CMAR projects. A detailed breakdown of each of the bid items is also included. Harbor Marina Entry Sign Area $ 210,450.00 Harbor Marina Entry Tower $194,600.00 Ocean Avenue Amphitheatre Renovation $ 333,700.00 Jones Cottage Relocation and Renovation $ 524,500.00 Tota! Bid for tit/ 4 Projects: $1,263,250.00 Should you have any questions please feel free to contact me. Respectfully, JMW Construction Corporation John Wille President /A111 f 'w ivi'a, IWO l 'Orpo 'wio,'} Harbor Marina Entry Sign Cost .Breakdown Division 1: General Conditions $ 20,000.00 • Jobsite supervision J • Jobsite truck, fuel and phone • Small tools • Job site clean-up ° • Dumpsters • Temporary toilets • Temporary electric as required for our work activities • Temporary protection for existing work areas • MOT (Maintenance of Traffic) • Surveys • Testing � • Permit fees and or Impact Fees Nol Inchtded Division 2: Demolition $ 5,000.00 • Remove existing shrubs and landscape as required for new work 11` • Remove existing light pole -- (give to CRA) • Remove concrete art pad ` • Remove concrete sidewalks and HC Ramp • Remove existing site furniture • Remove existing precast pavers Earthwork • Clear / grub / strip site in preparation for new work $ 1,500.00 • Fine grade $ 350.00 Site Utilities • Storm Drainage $ 3,400.00 Landscape & Irrigation • Landscape $ 60,000.00 • Irrigation $ 7,500.00 • Crushed shell feature $ 3,000.00 Precast Pavers $ 5,800.00 • Reinstallation of removed pavers • New truncated dome pavers at ADA ramp Division 3 &4: Concrete and Masonry $ 20,000.00 • New concrete sidewalks 4 • Concrete curbs • Art pad • Fence colu inns • Chair anchors Precast Stone 0 Precast stone work at columns $ 10,000.00 J!t lll, Con.cAwrliun Cor porulicni Division 6: Carpentry • Fence Construction • Includes painting of fencing materials as required Division 10: Specialties • Adirondack chairs • Entry sign Division 16: Electrical • Electrical • Electrical fixtures Sub -Total Tax & Insurance Construction Performance and Payment Bond Contractor Fee @ 5% Boynton Harbor Entry Sign Area: Total Bid Price: $ 8,500.00 J S 2,500.00 S 10,000.00 S 35,000.00 J J S 192,550.00 3,400.00 4,500.00 10.000.00 S 210,450.00 .I 1111' ( 'ml� lru01oa ('00)0i'111101f Harbor Marina Entry Tower Cost Breakdown Division 1: General Conditions • Jobsite supervision • Jobsile truck, fuel and phone • Small tools • Job site cican-up • Hoisting • Dumpsters • Temporary toilets • Temporary electric as required for our work activities • Temporary protection for existing work areas • MOT (Maintenance of Traffic) • Surveys • Testing • Permit fees and or Impact Fees Division 2: Piling • Helical foundation piles Division 3: Concrete • Tower feature structural shell Division 5: Metals • Decorative aluminum rail fence at mid-level tower tier Division 6: Carpentry • Rough carpentry flaming for roof assemblies Division 7: Roofing • Standing seam metal roof Division 8: Doors and Windows • Access panel door • Clerestory impact windows Division 9: Finishes • Stucco finish with hardened molding trims • Painting Division 10: Specialties • Aluminum Bahama shutters Division 16: Electrical • Electrical Sub -Total Tax & Insurance Construction Performance and Payment Bond Contractor Fee Q 5% Boynton Harbor Entry Tower: Total Bid Price: S 20,000.00 v' 4� J J V r v v v 4 No! lnctuded S 12,000.00 $ 57,000.00 S 4,500.00 S 9,500.00 S 7,500.00 $ 400.00 S 3,200.00 S 24,000.00 S 12,000.00 s 2,500.00 S 25,000.00 J S 1775,600.00 3,000.00 4,000.00 10.000.00 $194,600.00 .1;1111'('nnshrulrnn ('r» y)r,ruMM Ocean Avenue Amphitheatre Cost Breakdown Division I: General Conditions $ 40,000.00 • Jobsite supervision • Jobsite truck, fuel and phone • Small tools • Job site clean-up • Dumpsters .1 • Temporary toilets • Temporary electric as required for our work activities .1 • Temporary protection for existing work areas • MOT (Maintenance of Traffic) • Surveys J • Testing • Permit fees and or Impact Fees Nor Included Division 2: Demolition $ 10,000.00 • Remove existing shrubs and landscape as required for new work • Remove existing aluminum handrails at existing stairs • Cut and remove existing concrete and block as required for new work Earthwork $ 3,000.00 • Furnish and place fill materials at the stage slab area • Fine grade as necessary Precast Pavers S 7,500.00 • Remove existing precast pavers as required for new work • Reinstallation of removed pavers Division 3: Concrete and Masonry $ 55,000.00 • New concrete, formwork and masonry �( Division 4: Metals S 5,400.00 • Aluminum handrails at steps • Aluminum railing w/ removable gate at landing loading area Division 5: Doors and Hardware $ 9,500.00 • Hollow metal frames • Hollow metal (lush doors Division 9: Finishes • Stucco Finish $ 6,500.00 • Pressure Cleaning and Painting $ 9,500.00 Division 10: Specialties • Rubber dock bumper $ 1,800.00 Division 12: Special Construction 0 Engineered Amphitheatre Canopy Structure $ 85,000.00 I'l lff"( owr frtrclion ('orpor,dilm Division 14: Conveying Systems • ADA platforni lift — Garavneta Xpress 11 Division 16: Electrical • Electrical • Electrical fixtures Sub -Total Tax & Insurance Construction Performance and Payment Bond Contractor Fee @ 5% Ocean Avenue Amphitheatre: $ 19,000.00 $ 55,000.00 J J S 307,200.00 6,000.00 5,500.00 15 000.00 Total Bid Price: $ 333,700.00 .tallI, ( ells rrrcliun Co pmwliwr Building Relocation $ 46,000.00 • Includes associated demolition and prep to get building ready for transporting Site Work $ 27,250.00 • Clearing and Grading • Underground Utilities - water / sewer / storm drainage d Asphaltic Paving $ 25,000.00 • Stabilized sub -grade J • Lime -rack base • Asphaltic pavement J • Stripping / symbols / signs $ 3,000.00 • Concrete curbing $ 8,000.00 Precast Pavers $ 16,000.00 • Crushed lime -rock stabilization under new paver areas • Concrete curbing at perimeter of precast pavers J • Furnish and install new pavers as required Landscape & Irrigation $ 23,000.00 • New landscaping • Sod • Irrigation Division 3 4: Concrete and Masonry $ 55,000.00 • Concrete & masonry for new Cottage foundations • Concrete & masonry for new dumpster enclosure • Concrete sidewalks, ramps and pads Division 5: Metals $ 14,000.00 • Structural steel columns / beams / mise. connectors • Dumpster enclosure gates • Steel pipe bollards • Aluminum railing • Aluminum handrail at stage access stairs Jones Cottage Relocation Cost Breakdown Division 1: General Conditions $ 60,000.00 • Supervision • Dumpster • 'Temporary Sanitary Facilities • Temporary Power Generators • Maintenance ofTraffic Areas • Soils and Concrete'resting • City Permit Fees Not Included Division 2: Demolition $ 7,000.00 • Remove existing concrete curbs • Remove existing pavement • Remove existing trees and shrubs • Remove existing light pole Building Relocation $ 46,000.00 • Includes associated demolition and prep to get building ready for transporting Site Work $ 27,250.00 • Clearing and Grading • Underground Utilities - water / sewer / storm drainage d Asphaltic Paving $ 25,000.00 • Stabilized sub -grade J • Lime -rack base • Asphaltic pavement J • Stripping / symbols / signs $ 3,000.00 • Concrete curbing $ 8,000.00 Precast Pavers $ 16,000.00 • Crushed lime -rock stabilization under new paver areas • Concrete curbing at perimeter of precast pavers J • Furnish and install new pavers as required Landscape & Irrigation $ 23,000.00 • New landscaping • Sod • Irrigation Division 3 4: Concrete and Masonry $ 55,000.00 • Concrete & masonry for new Cottage foundations • Concrete & masonry for new dumpster enclosure • Concrete sidewalks, ramps and pads Division 5: Metals $ 14,000.00 • Structural steel columns / beams / mise. connectors • Dumpster enclosure gates • Steel pipe bollards • Aluminum railing • Aluminum handrail at stage access stairs ,IrlJll t'uu.v11•trr•tr�ur ('nry�rutilri;n Division 6: Carpentry $ 35,500.00 • Rough carpentry framing V • Hardi-plank framing, siding and trim work $ 12,000.00 • Interior finish carpentry trim work $ 4,500.00 Division 7: Moisture and Thermal Protection $ 8,500.00 • R-7 rigid insulation at walls and floors v • Batt insulation at ceiling attic spaces • Sound batt insulation at interior partitions u • Caulking and sealants throughout v' • Standing seam metal roof and new bay window build -out • Miscellaneous repair work to existing roof ' Division 8: Doors and Hardware • New interior and exterior doors $ 11,200.00 • Door Hardware q • New impact windows $ 4,200.00 • Includes all matching casings and trims $ 2,000.00 Division 9: Finishes • Stucco finish $ 3,500.00 • New interior drywall $ 7,000.00 • Miscellaneous patch and repair to existing interior walls 4 • Flooring $ 9,000.00 Refurbish existing as indicated `I New the flooring per plan Nt • Acoustical ceilings $ 350.00 • Painting $ 11,000.00 Division 10: Specialties $ 26,500.00 • Bath Accessories • Decorative hurricane shutters • Canvas awning structure at patio N1 • Wood burning fire place d Isoke» 28 fire palce - hlagnuni series V Precast flue Tile at hearth extension ?` Fire brick lYood mantel Stane veneer at exterior face offire place chimney structure • Decorative ventilation louvers Division 15: Mechanical $ 14,500.00 • Plumbing • HVAC v Division 16: Electrical $ 50,000.00 • Electrical v' Sub -Total S 484,000.00 Taxes and Insurance $ 6,500.00 Bond $ 9,000.00 CMAR Fee _ $ 25.000.00 _ Jones Cottage Relocation & Renovation Total Bid Price: S 524,500.00 JAffConsfruclion Corporation Project: Ezell Hester 1'ark ("it. of lloyllion Beach, 11orida Scope: New Park Facility including an administrative office building with restrooms, a canvas covered shade pavilion and recreational and sports amenities that include the following: • new tennis courts • new basketball courts • new racquetball courts • new sand volleyball court • with associated appurtenances and lighting for each. This project also included landscaping, irrigation, both concrete and mulch pedestrian walk-patbs and an expansion of the existing parking lot. An additional componcnt was the installation of new football/soccer field lighting to existing fields. Contract: $ 573,000.00 JAS{!' Construction Corporation Project: City of' Lauderhill Eire Station 1473 Addition Cite of Lauderhill, Florid Scope: Design Build of a 2500 sq. ft. addition to the existing Tire Station #73 Building including minor modifications to the existing facility and hook-up of owner provided emergency generator. Contract: S 512,000.00 fig JAfIV Construction Corporation 111-ojcct; Coleman 1'111-k Conununitl Center City of Nest I'ahn Beach, Florida Scope: Construction of 2 -story Community Center Building with classrooms, art work rooms with a ceramics kiln, meeting rooms, administration offices and restrooms. Out -door recreational facilities included: • tennis courts, • adult basketball courts • children's basketball % court • children's playground area with gym equipment • picnic areas • jogging trail The project included new landscaping, sod, irrigation along with concrete sidewalks and bench and trash can amenities. Additionally, the project included Park Art consisting of 4' dia. precast concrete baseballs among red lava stone base paths. The site was once home to the Negro Baseball Leagues and the Art Work and Park were in dedication. Contract: $ 1,025,810.00 JAW Construction Corporation Project: Allantis City Hall f'u►nplcx City of Atlantis, Florida Scope: Construction of 3 Multipurpose complex that consisted of the City Hall Administration offices, the City Halt Commission Chamber meeting room and the Police Headquarters offices and dispatch. Contract: $ 768,000.00 JAI{{'Construction Corporatioii Project: hake View Park City of Delray Reach, Florida Scope: New City Park including the following: • Restroom building with separate men's and women's facilities • 4 picnic pavilions with picnic tables and barbeque grills • Children's playground equipment • Boat ramp and clock • Site benches and trash cans • New paved parking lot • Paved walking trail • New landscape and irrigation system. Contract: $ 688,000.00 dMwConstruction Corporation Craftsmanship Details t City of Boynton Beach outdoor Amphitheatre and restroom building JMW ConstrueUon Corporation Craftsmanship Details Kar Luen Retail Center Facade Decorative stone columns with precast base and precast bowls mounted to top or columns. Decorative wood brackets under soffits and wood trellis between columns Below: Decorative wood brackets under upper roof soffit area. JMN' Consirndion Corporation Craftsmanship Details Broken Sound Community Entry Clock Tower Poured in place concrete structure with stucco finish and precast trims. Cement tile roof with pecky-cypress out -lookers at the under soffit. Cast in place concrete cascading fountain steps Precast paver surround and working clocks JMJY Construction Corporation Craftsmanship Details The Gardens Poured in place concrete with precast concrete trims and moldings. Curved soffit over Gonl door entry JMW Construction Corporation Craftsmanship Details The Gardens Interior Marble floors and architectural precast stone trims. Interior precast stone column intersecting with drynvall soffit. Radius drywall soffit ceiling with precast stone trim JMff'Construction Corporation Craftsmanship Details 1 M40171k Cole Animal Clinic Exterior Renovation New front entry canopy. New impact windows and doors. New paint and signage Cole Animal Hospital Interior Renovation Front lobby area with curved soffit at reception desk. Complete interior renovation, architectural, mechanical and electrical JM1V Constniction Corporation Craftsmanship Details Wolff Residence Key West style construction Mixture of hardi-plank siding and stucco exterior finishes Wood wrapped balcony colunuis and wood trim balcony ceiling JMW Construction Corporation Craftsmanship Details Medical Office Center Unique radius front entry with cylindrical front lobby area. Architectural steel support columns with cast in place pedestal bases for font canopy support. Matching radius window eyebrow overhangs. Architectural steel support of curved roof JMii'Consiraction Corporation Craftsmanship Details St John Catholic Church Alter area with marble steps and marble facade mounted to masonry wall The wall is curved. See below Wood base at alter steps Moldings and trims throughout church JM►V Construction Corporation Craftsmanship Details Our Lady Queen of Peace Church Above & Middle: Structural Support Column wills tiered drywall base, pedestal and round column. Faux painting at wall and trim. BOYNTON BEACH CRA 915 N. Federal Highway Boynton Beach, Florida 33435 1Z,,spf)nse to the CNIAIZ R 11.' Construction Management at Risk Services For the Ocean Avenue Amphitheatre Boynton Harbor Marina Entry Area Jones Cottage Relocation and Renovation Subndaed by: JMW Construction Corporation 4163 Artesa Drive Boynton Beach, Florida 33436 561-752-0480 Jmw_cc@bellsouth.net Fla - CGCO25814 cm JAHV conslowdlon corporalloli IAB Y, t)t C.(1NTEN'i'S 2.2 1'ro1)()ser's Location and Registration: 2.3 Proposer's history: 2.3.1 Proposer's Ownership Status 2.3.2 Age of Organization 2.3.3 Leadership 2.3.4 Failure to Complete or Default 2.3.5 Liquidated Damages 2.3.6 Legal Actions 2.3.7 Projects Underway 2.3.8 Five Year Volume of Work 2.3.9 Safety History 2.13 2.3.9.1 Workers Compensation Rate 3.0 Pricilig 2.3.9.2 Safety Record 2.4 l'idtici.try Responsibility: 2.5 Organization and Pro.icct Q11filific"tions: 2.5.1 Organization 2.5.2 Resumes 2.6 CMAR Experience 2.7 Narrative of "Best Qualified": 2.8 Safety Program 2.9 Quality Control Program 2.10 Scheduled Achievement Program 2.11 MfWBE Program 2.12 Subcontractors 2.13 Drug -Free Workplace Certification 3.0 Pricilig 1111(1 Costs: 3.1 Construction Services Price Proposal and Related Costs 3.2 Labor Rates 3.3 Self Perform 3.2 Proposal Bond 3.3 Cost Reporting A AtInchmelltc: rdl)I CI, IIv I/,,,( o:; f (a;>>uriwi-,it ?.? t'i-oposvi"', I,oce'llioll 81)t1 14gistrrttion. Company Name: JMW Construction Corporation Address: 4163 Artesa Drive Boynton Beach, Florida 33436 Phone: (561) 752-0480 Fax: (561) 752-0481 Email: jilm 11c( Contact Person: John Wille - President Federal ID #: 65-0092166 State of Incorporation: Florida, - document # K2483 Contractors License #: State of Florida - CGC 025814 1 Jl)f�Cnrr.�nr;ctin;rti��pr,;ntiw; 2.3 Proposcr's HiN(Ory: 2.3.1 Proposer's Ownership Status JAIIW ('011SIRICli011 0WIN.)ra►tit>n was founded in 1988 by John Wille and he continues to be the company sole owner of the company. JMW Construction Corporation is a local company, managed and operated by local people. With the corporate offices located in Boynton Beach, Florida, JMW has been serving the South Florida area for over 23 years. The firm's primary emphasis is on the commercial and institutional constructions markets and our work experience includes design build projects, planned development projects and negotiated & competitive hard - bid work. Completed projects range from the small interior tenant improvements to the multi-million dollar commercial and institutional construction projects. The JMW Team includes construction professionals with experience in all phases of construction and construction management. We provide skilled full-time on-site supervision for each project and we draw on our Teams experience to maintain job quality, to control costs and to maintain schedule. Additionally, JWM often self- performs elfperforms the project concrete, formwork and. rough carpentry operations for added job quality and control. JMW Construction Corporation is fully licensed and insured General Contracting Company and we are bondable for added client protection. The JMW Mission is to provide our clients with professional construction services through personal expertise, fiscal responsibility and timely customer service. Our customer service approach has resulted in repeat customer business and longevity in a competitive market. 2.3.2 Age of Organization JMW Construction Corporation has been in continuous business since December 1988. 2.3.3 Leadership JMW Construction Corporation 4163 Artesa Drive Boynton Beach, Florida 33436 John Wille - President - 100% owner 2 2.3.4 Failure to Complete or Default JMW Construction Corporation has not defaulted on or failed to complete a project. 2.3.5 Liquidated Damages JMW Construction Corporation has not incurred or paid liquidated damages on any construction projects. 2.3.6 Legal Actions I am proud to state that JMW Construction Corporation has had no litigation actions in our 23 year history. No claims against us on any project for performance or workmanship related issues. Neither have we had any problems resulting in the involvement of our bonding company. 2.3.7 Projects Underway 1. Cole Animal Clinic Addition and Renovation Boca Raton, Florida Contract Amount: $ 560,000.00 2. JFK Middle School Athletic Fields Riviera Beach, Florida Owner: The School District of Palm Beach County Contract Amount: $ 1,581,650.00 3. John Mullin Park Aquatic Center Lauderhill, Florida Owner: City of Lauderhill, Florida Contract Amount: $1,400,000.00 4. Delray Motors Chrysler Jeep Showroom Delray Beach, Florida Owner: Delray Motors, Florida Contract Amount: $3,000,000.00 3 JAI JI , CollsAn(Wolt ('nrpur„dOff 2.3.8 Five Year Volume of Work Private Sector: 1. Delray Lincoln Mercury Parts Building Delray Beach, Florida Owner: Delray Motors Contract Amount: $ 1,500,000.00 Public Sector: 2. Lake Ida Park Delray Beach, Florida Owner: City of Delray Beach, Florida Contract Amount: $ 688,000.00 Religious Sector: 3. Our Lady of Florida Spiritual Center Renovation North Palm Beach, Florida Owner: The Passionists of Our Lady Contract Amount: $ 8,570,000.00 4. Saint John the Evangelist Catholic Church Boca Raton, Florida Owner: The Diocese of Palm Beach Contract Amount: $ 5,250,000.00 5. Our Lady of Florida Spiritual Center Mechanical Retrofit North Palm Beach, Florida Owner: The Passionists of Our Lady Contract Amount: $ 1,600,000.00 Design -Build: 6. Lauderhill Fire Station #73 Lauderhill, Florida Owner: City of Lauderhill, Florida Contract Amount: $ 512,000.00 7. Westlawn & Memorial Park Mausoleums Dania Beach, Florida Owner: City of Dania Beach, Florida Contract Amount: $705,000.00 4 Al11� (?wIfrr rfk=, (*(,q; waiia,. 2.3.9 Safety History 2.3.9.1 Workers Compensation Rate Experience Modification Rate (EMR) = 0.96 2.3.9.2 Safety Record In the "Attachments" section, see attachment" F" Safety Record J,111i' <'nmarm-1h ri Corpondien 2.4 Fiduciary R_evollsibility: ".9.1icharim y iv satneone who hus uaaderhAVP to Itrl.Ji►r (nail on behalfgf anolher in a paarlic alar anal/(( in rarclunXIMIL S w1ach give wise to 1a relationship i)f Irarsa and cW-I icic'aace. As the Construction Manager at Risk for these projects, JMW Constructionwill have a legal obligation and ethical responsibility to administer the public funds of this project in a relationship of confidence or trust. The fiduciary responsibility requires a stricter standard of behavior than in common business relationships and therefore, we at JMW Construction will be conducting ourselves at a higher level, and from a position of loyalty to the City of Boynton Beach. Our fiduciary responsibility is to conduct ourselves in a transparent manner and to avoid conflicts of interest. JMW will be accountable to the City in all aspects of the construction operations and to provide adequate job costing and accounting information for project expenditures. As the Construction Manager at Risk, JMW Construction Corporation will provide the financial management and construction expertise required to ensure that fair market prices are paid for the various construction services and materials as related to these projects. Additionally, we will oversee the construction activities to see that good value in the form of quality construction results from the construction investments. 6 /h111•Cv,•ufit i!w! (?;Ip�.�r!icut 2.') Organiza(-iol) And Proiccl f, 11fi ifi(lati011s' 2.5.1 Organization 2.5.1.1 Construction Services On -Site 2.5.1.2 Home Office Direct Support During the Construction Pbase We are committed to providing you with a Team of Experienced Professionals both on and off the construction site. The following is a diagram illustrating the positions and personnel that we look to assign to the CRA projects. JAI W i. Omit orliU'n Home Office Administrative Support Srayv F7bv.•irab Contracts Scheduling Cost Control mm, rr;ue Submiitsl y - RlVIeR' Quality Project Control Manager w� 00000 Sub Contractors / Suppliers 2.5.2 Resumes: See the attachments for the Key Employee Resumes of those individuals that are committed to these projects as indicated in the organization chart. 7 Field Safely Field Supervisor i Supervisor„rw„. i i c•,� uvre • r• � ' N rwrr;vrMo � 00000 Sub Contractors / Suppliers 2.5.2 Resumes: See the attachments for the Key Employee Resumes of those individuals that are committed to these projects as indicated in the organization chart. 7 J111, ('n ulm lion <',1:/Ivrati"11 John M. Wille Email: r . . Education: -- Bachelor of Arts in Building Construction University of Florida Major: Building Construction -- Bachelor of Arts in Business Administration Florida Atlantic University Major: Business Administration Licenses: -- State of Florida General Contractors License License # CGC 025814 -- Class Unlimited -- State of Florida Standard Building Inspector License # BN 4538 -- State of Florida Standard Pians Examiner License # PX 2266 -- State of Florida Community Association Manager License # CAM 26565 -- State of Florida Real Estate Sales Associate License # SL 3049826 Work Experience: Construction: -- 28 Years Construction Experience Business Development Project Management Estimating Field Supervision President - JMW Construction Corporation Boynton Beach, Florida JMW Construction is a small sized General Contracting company operating in the commercial and institutional construction markets. Responsibilities include corporate administrator, chief estimator and contracts administrator. Consulting: -- 18 Years Consulting Experience Construction Management Facilities Maintenance Inspection Services Provide construction management support and inspection services to Parsons Brinkerhoff Construction Services as part of the Construction And Materials Engineering Management consulting Services Team for the Florida Department of Transportation Turnpike District. Served with Roy Jorgensen Associates as part of a consulting team charged with providing Maintenance Engineering Consultant Services to the Florida Department of Transportation Turnpike District. Responsibilities included: • Design, development and implementation of an automated comprehensive Facilities Maintenance Management System (FMMS). The FMMS resulted in a comprehensive approach to the management And maintenance of the Turnpike's building facilities and their related appurtenances. • Oversee the operations of the Turnpike Work Order Desk. This included layout and design of the automated software, as well as (lie development of tracking procedures. Larry S. Cellon Email. I, Education: -- Bachelor of Arts in Building Construction University of Florida Major: Building Construction Organizations: -- City of Boca Raton Community Appearance Board Serving since 1989 Licenses: -- ICC Certified Commercial Building Inspector !fork Experience: Construction: -- 28 Years Construction Experience Project Management Estimating Field Supervision JMW Construction Corporation Project Management Responsible for all phases of work from scheduling to project close-out. Work duties include: • Scheduling • Subcontractor buy-outs • Budgeting • Jobsite co-ordination of trades s Shop drawing review and approval • Reviewing and approving all invoices • Requisition preparation for the owner/client • Scheduling and completing all jobsite inspections • Punch list completion and Project close-out. Rogers and Ford Construction Corporation, 1979 to 1993 Estimating / Project Management Entry level quantity take -off. Progressed through all phases of Estimating and into Project Management responsibilities. Developed cost control programming for feedback on self performed projects. Responsible for job coordination with Architects and Clients. J.1111 C'rrnsArrrlin.iColpnrnlion Craig M. Shuley Email: „ u; 1-%, I--) ; I , Education: -- Barnstable High School Barnstable. MA. Graduated 1980 — Local 123 Carpenters Union -- OSHA Safety 30 Hour Safety Course - Certified -- Sunbelt Certified Operator Forklift Operator Rork Rtperieuce: Construction: -- 28 Years Construction Experience Project Management Field Supervision Carpentry Field Superintendent - JMW Construction Corporation Boynton Beach, Florida JMW Construction is a small sized General Contracting company operating in the commercial and institutional construction markets. Responsibilities include field supervision and coordination of various commercial and/or institutional projects. Our Lady of Florida 1300 US Highway One North Palm Beach, Florida Contract Amount: $ 1,900,000.00 Field Superintendent - Anderson Moore Construction Corporation Boynton Lake Park, Florida Suntrust Bank Building Sebastian, Florida 5000 sq.ft new bank building Charlie's Mitsubishi Auto Dealership Fort Pierce, Florida 288,000 sgft building and site Tesoro Welcome Center Port Saint Lucie, Florida 80,000 sqft Office Complex Jon E. Prout Email: ; Erliscation: -- Bachelor of Arts in Urban and Regional Planning Florida Atlantic University Major: Urban and Regional Planning -- School of Business Management Appalachian State University Major. Business Administration Licenses: -- State of Florida General Contractors License License # CGC 1516012 -- Class Unlimited Work Experience: Construction: -- 10 Years Construction Experience Project Management Field Supervision Carpentry Field Superintendent - JMW Construction Corporation Boynton Beach, Florida JMW Construction is a small sized General Contracting company operating in the commercial and institutional construction markets. Responsibilities include field supervision and coordination of various commercial and/or institutional projects. JAI IV Construction Corporation Soraya M Figueiredo Email: •-;-,Aiau6u vd,, 11:1111 � Un; Education: -- Harvard University—John F. Kennedy Scholl of Government Extension Courses in International Managerial Finance -- Fundacao Getulio Vargas — Escola do Administracao de Empresas Sao Paulo, Brazil Bachelors of Business Administration Major: Financial Management & Finance Persona! Background: Born and raised in Brazil. Resident of USA. Speak English, Portuguese, French and Spanish. Work Experience: Construction JMW Construction Corporation Office Management and Administration Responsible for office management and administration including: • Payroll • Insurance • Accounts Payable • Accounts Receivable • Banking • Bondng Financial Management: The Mony Group — Miami Office Investment Banker Developing the Securities market for international clients, mainly Latin American countries with joint effort with the company's Life Division where I worked with a team of over one hundred representatives. Merrill Lynch — Miami International Office Relationship Manager Responsible for building investment portfolios for high net worth clients. Experience in marketing trusts, offshore mutual funds, multi -manager hedge funds, individual equities and hedging portfolios using options. Continental Bank Private Bank Manager In charge of structuring the private banking unit followed by the acquisition of Banco Pontual. Main responsibilities included prospecting new clients, marketing existing products as well as participating in the development of new ones. McCann-Erickson do Brasil Account Officer Managed several corporate clients including Quaker Oats and Good Humor Ice Cream, a division of Unilever. Responsible for the preparation of clients annual budget for media and promotional activities. 2.6 Relevant CMAR Experience: Project $ Value Contact Name Phone Number 1) Our Lady of Florida Mechanical Retrofit $ 1,668,000.00 John Kosak (561) 626-1300 2) Lauderhill Fire Station #73 $ 512,00.00 Indar Maharaj (954) 730-4241 3) Westlawn Mausoleum $ 705,000.00 Dominic Orlando (954) 924-3740 2.7 Narrative of "Best Qualified": JMW Construction is the "Best Qualified" construction team for these projects for a variety of reasons, some of which are: • We care about the Boynton Beach Community. We are a local to Boynton Beach, and are excited to be a part of growth & development of our community. • Our team includes Bright and Experienced Construction Professionals ready to put our experience to work for the City of Boynton Beach. • We have previous experience with the City of Boynton Beach. JMW has previously completed several projects for the City of Boynton Beach. We were the original contractor for the outdoor Amphitheatre project and we completed construction at Ezell Hester Park. • Quality Conscience --- quality is of primary concern, our reputation is at stake. • Cost Conscience --- we practice a "no change order" philosophy. • Schedule Conscience --- we monitor job progress to insure timely completions. • We at JMW Construction will look to develop a team approach to these construction projects. Cooperation between the Owner, the Architect(s), the Contractor and the Subcontractors result in a smoother flowing construction project. 2.8 Safety Program JMW Construction Corporation has an in-place safety program consisting of the following four areas of review. I . Weekly job -site "Tool -Box" safety meetings. 2. "Safety Checklists" that are distributed to all project field superintendents. The superintendent uses the list to check on-going job conditions; these checklists are completed and sent to the office with other job reports. 3. Monthly safety review meetings. Safety is one of the items of discussion at each of the monthly staff meetings. 4. Periodic safety reviews from our Insurance carrier. We ask that our insurance carrier provide periodic safety inspections at all jobsites to check for OSHA compliance and general safe construction work practices. These are performed through our Insurance Carriers safety compliance office. ./,II J ('e)pwrtrc1h;it (i)rporofit? r 2.9 Quality Control Program JMW Construction has an on-going commitment to quality control. We have several practices and policies that help us achieve our quality control goals. First, we are committed to having full -tune on-site supervision. This allows all construction activities to be monitored on a daily basis. Next, we hire proven sub -contractors and that have a commitment to quality. Workers that take pride in their work is critical and this philosophy starts with management. We want all of our project team members to have the same commitment to quality as JMW. Finally, we monitor the work in -progress through random inspections by off-site personnel. A fresh set of eyes on the workmanship. The off-site inspector is typically a superintendent that comes in for the sole purpose of checking work and material quality. 2.10 Scheduled Achievement Program See attached schedules. 2.11 M/WBE Program JMW Construction is committed to the utilization of minority and women owner businesses in the construction of these projects. If awarded the contract, JMW Construction Corporation agrees not to discriminate against any employee or subcontractor because of race, color, religion, sex, national origin, age, handicap or marital status. Additionally, JMW Construction Corporation expresses a willingness to make a good faith effort to utilizowned businesses in the construction of these projects. John ille - JD Conshwaiot Corporation 2.12 Subcontractors In the "Attachments" section, see Attachment "H" Schedule of Subcontractors for a listing of our proposed subcontractors. If awarded the contract, JMW Construction Corporation agrees to periodically provide to the CRA an updated a listing of all subcontractors working on the project. 2.13 Drug -Free Workplace Certification In the "Attachments" section, see Attachment "I" Drug Free Workplace JMW Construction currently has a drug free workplace program in place through Quest Occupational Health Testing Services.. Drug testing is performed by Elite Services Lab. 9 XU H Q z w T ti u � IP Ir a Y El N r Y� N � O_ I f -I p c Ow a ra Z, t a I a ti 0 A �o 'C N m - N f N N -a N a1 � ti - 8 r V q Qrat, d J I I I l (' fit . kit u:ii011,,'trt/tat'ttiitttt 3.0 I'l'ichip, lilld C;OSts: 3.1 Construction Services Price Proposal and Related Costs See Proposal behind this sheet Also see attachment "J" Proposal. 3.2 Labor Rates Project Manager $ 45.00 hour Field Superintendent $ 40.00 hour Estimator $ 35.00 hour Laborer $ 12.00 hour Carpenter $ 20.00 hour Finish Carpenter $ 25.00 hour Concrete Formwork Carpenter $ 28.00 hour Punch -out Specialists $ 30.00 hour 3.3 Self Perform JMW Construction Corporation will look to self -perform the following items of work on the projects: • General labor for protection of existing conditions • Minor demolition, more specifically on the Cottage Relocation project. • Paver removal at both the Marina Entry and Amphitheater projects. • Concrete and formwork • Rough carpentry framing • Finish carpentry trim • Painting • General punch -out work 3.2 Proposal Bond In the, "Attackments" section, see attachment "K" Proposal Bond. 3.3 Cost Reporting • Sample #I: Pay Applications are submitted using the AIA G702 Document which includes the application cover sheet and the itemized cost breakdown spreadsheet. • Sample #2: Sample of in -progress cost report 10 ATTACHMENT "J" PROPOSAL Project Title: CMAR -OCEAN AVENUE AMPHITHEATRE -BOYNTON HARBOR MARINA ENTRY AREA -RELOCATION AND RENOVATION OF JONES COTTAGE (Project) Name of Proposer: We propose and agree, if this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, in the Contract Form as attached and incorporated into the Request for Proposal, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract Documents. Having studied the documents prepared by: VHB and REG and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Proposer agrees to accept as full payment for the Project. GRAND TOTAL: $ (341E rn�►L.ca t,%r a� ►rr r.+o�yAaP s�.c N.►aA..tio F.ir Dollars and 1 -y -No Cents (amount written in words has precedence) The undersigned Proposer agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within 330 calendar days thereafter. y Original and six (6) copies of proposal submitted. (i{EN $eP' Ta 5 j?ffr' _y Attached is a computer-generated, horizontal bar chart showing proposed schedule of work. .i Schedule of Subcontractor(s) submitted. _ Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, Boynton Beach Community Redevelopment Agency 24 Ocean Breeze Nest Site Development covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The Proposer, by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised that in the event that the Proposer contests the award of this Project to another Proposer, the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer. Date November 10, 2010 JMW Construction Corporation Printed/Typed Name President Title (561) 752-0480 Telephone Number Florida Contractor's License Number: State of Florida CGC 025814 Boynton Beach Community Redevelopment Agency 25 Ocean Breeze West Site Development J\S1l� Const+uclini) ('oi-p n inion Boynton Harbor Marina Entry Area Price Proposal General Conditions $ 20,000.00 Supervision Dumpster Temporary Sanitary Facilities Temporary Power Generators Maintenance of Traffic Areas Soils and Concrete Testing City Permit Fees Not Included Demolition $ 4,000.00 Remove existing shrubs and landscape Remove existing light pole Remove concrete art pad Remove existing concrete sidewalks and HC ramp as required for new work Site Work $ 82,950.00 Strip site and haul away debris Fine -grade as necessary Storm Drainage Landscaping d Sod Irrigation d Crushed shell landscape area Precast Pavers $ 4,800.00 Remove existing pavers as required for new work Furnish and install new pavers as required to reconstruct walks d Concrete and Masonry $16,000.00 Sidewalks J Concrete curbs J Art Pad Fencing columns Carpentry S 7,500.00 Wood framing at thematic fence J Finishes $10,000.00 Architectural precast stone work at fence columns Painting Specialties $12,000.00 Polywood Adirondak chairs Entry Signage Electrical $ 35,300.00 Electrical J Sub -Total $192,550.00 Taxes and Insurance $ 3,400.00 Bond $ 4,500.00 CMAR Fee $ 10 000.00 Boynton Harbor Marina Entry Area Total Bid Price: $ 210,450.00 Ocean Avenue Amphitheater Price Proposal General Conditions $ 40,000.00 Supervision Dumpster Temporary Sanitary Facilities Temporary Power Generators Maintenance of Traffic Areas Soils and Concrete Testing City Permit Fees Not Included Demolition $10,000.00 Remove existing shrubs and landscape Remove existing aluminum handrails at existing stairs Remove existing concrete as required for new work Site Work $ 3,000.00 Fill materials for new amphitheater stage slab on grade Fine -grade as necessary Precast Pavers $ 7,500.00 Remove existing pavers as required for new work Furnish and install new pavers as required to walk areas a Concrete and Masonry $ 55,000.00 Concrete & Masonry for Amphitheater. modifications J Metals $ 5,400.00 Aluminum railing at stair f includes double access gates J Aluminum handrail at stage access stairs J Doors and Hardware $ 9,500.00 Hollow -metal flush and louvered doors in HM frames Door Hardware v' Finishes $16,000.00 Stucco finish Pressure Cleaning and Painting Specialties S 1,800.00 J Rubber bumper at edge of stage access landing Special Construction $ 85,000.00 4 Canopy Structure over Amphitheater Conveying Systems $19,000.00 J Garaventa Xpress 11 ADA platform lift Electrical S551000.00 v� Electrical Sub -Total �$ 307,200.00 Taxes and Insurance S 6,000.00 Bond S 5,500.00 CMAR Fee _____ $ 15 000 00 Ocean Avenue Amphitheater Total Bid Price: $ 333,700.00 iMW Consiruaioll Corporminn Jones Cottage Relocation & Renovation Price Proposal General Conditions $60,000-00 Supervision Dumpster Temporary Sanitary Facilities Temporary Power Generators Maintenance orTraffic Areas Soils and Concrete Testing City Permit Fees Not Included Demolition S 7,000.00 Remove existing concrete curbs Remove existing pavement Remove existing trees and shrubs Remove existing light pole Building Relocation $46,000-00 Site Work S27,250.00 Clearing and Grading Underground Utilities - water 1 seAver / storm drainage Asphaltic Paving $36,000.00 Stabilized sub -grade Lime -rock base J Asphaltic pavement Stripping / symbols / signs Concrete curbing Precast Pavers $16,000.00 Crushed lime -rock stabilization under new paver areas Concrete curbing at perimeter of precast pavers Furnish and install new pavers as required Landscape & Irrigation S23,000.00 New landscaping Sod J Irrigation Concrete and Masonry $55,000.00 Concrete & masonry for new Cottage foundations Concrete & masonry for new dumpster enclosure Concrete sidewalks, ramps and pads Metals $14,000.00 Structural steel columns / beams / misc. connectors Dumpster enclosure gates Steel pipe bollards Aluminum railing Aluminum handrail at stage access stairs Carpentry $52,000.00 Rough carpentry framing Hardi-plank framing, siding and trim work Interior finish carpentry trim work Moisture and Thermal Protection $ 8,500.00 R-7 rigid insulation at walls and floors Batt insulation at ceiling attic spaces Sound batt insulation at interior partitions Caulking and sealants throughout Standing seam metal roof and new bay window build -out Miscellaneous repair work to existing roof Doors and Hardware $17,400.00 New interior and exterior doors Door Hardware New impact windows J Includes all matching casings and trims Finishes $ 30,850.00 Stucco finish New interior drywall Miscellaneous patch and repair to existing interior walls Flooring Refurbish existing as indicated Ne►v tile,Jlooring per plan Acoustical ceilings Painting �I Specialties $ 26,500.00 Bath Accessories Decorative hurricane shutters Canvas awning structure at patio J Wood burning fire place q lsoken 28 fire palce - Magnuan series Precast flue Tile at hearth extension Fire brick ftod mantel Stone veneer at exterior face of fire place chimney structure � Decorative ventilation louvers of Mechanical S14,500.00 Plumbing r HVAC V Electrical $ 50,000.00 Electrical J Sub -Total $ 484,000.00 Taxes and Insurance $ 6,500.00 Bond $ 9,000.00 CMAR Fee 000.00 Jones Cottage Relocation & Renovation Total Bid Price: $ 524,500.00 Lai ru to O S O O t` M O M CS O V1 b b O O O 06 L H H H H h H H H H h W i � { C H H MICL _ H T u j : � i e c,$ ►�. � t i O LL. ' t i O i W t 0 t tV o t !OC W a W im ZO Z iza a o o a S K y :� U O .d # 8 `c` t' o ° ° wCE� m d (� pHC O O 4Z r,O W a Q 0 U o w a F gLiWv g'3 m a ►- -.t V V a U .= e3 to v vi ad r; a6 of SO 7- f�U1 :i' r a.ara.0,sa.aa4a JMW Con$hnciionCapantion AwBmdm49 t9.eaot.9+4:na.du.,sae200 JFK MMdlcSchad A edoFidds DOW eviW RMAM Bonk ploy hp: 2 a'2 Seatd010 orvaues D.K,ydm Sdw&ded Mrioiw ibis Uslaw TOW pa MAW" Rdlta d'Wort vow App*"m POW Sbmd Como- Complete Bonet 1011 ¢ 14pdbt0 C4aammAAf&tmy 20PGJPD D GAD 0 0 OA% 10,000 bks b IAWJ)0 0 0m o 0 OA% t AQ. Aw pa+faW n 4.000m D Om a a 040% 4,000.00 11ogftI GWeus/Dompown 24000m 0 0m a 0 049 xymm lAl Dh m dXamhti $1900" OA0 0 0,001 U00.00 DOW -0 0,000" 0 0m a 0A% 11000m Ladeaad$wW 7,000" 0 0" a 0 OA% 7.000.00 c Came, an d Qt wv m $.MAO OAD O 0 DA% 5,000" pababu 9.900.00 D Om 0 0 OA% $1900.M S00" 0 on 0 0 0.0% Soom 7bueepmddan 41000A 0 CAD 0 0 OAS 41000 ralklAc"starks 1,$00" 0 0.N 0 0 401A 21500m am F41*, ,N 200.00 0 om 0 0 o.0x 100" mwdsletdng om 0 0 6.01A 11$00" phooq0 14, 0 GAD 0 0 oA% 24,700.00 RVAC makno o om 0 0 O.M S,500.00 necmml 9s1o" 0 0" 0 0 o.Dx ss000m M. 1,581650.00 0,00 175,667.00 0.00 175 .00 1405,983.00 27,567.70 qJ [Z Q H 0 O N N 'un M C M o N 16 Z � 4 O 0 Uc) O .c cma 0 a� t E� I 0 0 0 0 S 0 0 00 O �- O O N O O to 1+ O O 08 N O 88 t0 0 0I 0 0 q O O ChD, N S S 0 0 0 p 0 CM f C'j N O G O 0 0 ,N-, M o p O O IOA N S O M COO O r M 1A N v C-1 tV to 0 0 CO O O W) LO O O) D7 CO 0) In O N CD T N �' 00 C? r' CMD (U SO 1 V T N M N f� M N V r •- V' I N r M V r h V) O O O O 0 0 S �O 0 0 M O r O O N �f O O O i� O O O O N O 0 0 O O M O O W to O O N W O IN N I 0 0 0 0 O O 'i 1§1 S O O cm b C; to O (V O LO Ci O lV COO O M N M � Q -i OD aM- S )p O S c 8 M ONE 10 O N CO .- N V CO M r C� !� <O V V M O r d' N (D M r C7 N V N ¢ r CNO � V �� i i c i0 v o Ic U 'O ;O) E O ,p C H _ O N C 7 t0 COE 0U� a._ Q c c'� LD m0 p 12 = a m o c r o N OJ +� « N L '� Q F- E O '- Q N JQ H Q. O .7 ani o lL .ice JG L '� Cy N 4) CL C N 0) 10 LL 0 0 r R C t C VF rn y C O C C N Q E Y L C J Q - W :'s o O z 0 p o + c e T M p, F- Q Q O L C a G _ m Q U'� d °� E = c= O) d U c c E c c m m o w o c== m 0 0 CL a 0 °D°- ° v�0wwc7c�x�aaaacnF-F-C4 a�i0Q O 0 0 O O a 8 C,N o �8'i aril t? i 't N et t7i O O ` tJ-J c9 �t T rr.. � O `� N ��-• tOp Tom• O O N t09 N NC Op! n t co r 'V lc r Ipfi hM- O C ••�pp� �iU a' '�� tV 4► � t17 « � 1 O 11C C a p p m L6 I a. v, to �•�' �oc� �I 0 0 8VWR 41, In I N �I cV 10 co O M N w co T r 989 g8�800�OR 8 w 8 I 00 Ln Nit w c o t M I� F,! a 1 O O W O O 1 O O to 0 0 1 �j 117 aD p6pa� O 1 is n ID O II O O M M 000 C O O O 0 0 0 a0 O O I O M OO O O t0 00 000.0 (fl O O O 0 O G 0.0 O I h O) c. r -:If O` O h r 0 00 �r-c c*, 93 fn O O S O o O O W� n� O O O Z, w N N W CO O N co t0 O cu to r f: 0 O I � r r N N e- N N C M N N O M M m tfi to e" r' I'r !r' �' fi r-- N h tOf) % U) N N Ui N il5 N N J to a� axax O O~ p t6 c SoMf- m cO �4wH 3 Ov) E �Ou co i 0O O E) O O O 0 0 o COO, COO. O O O O O O n ti a O O t0 O O r n r O i Crq O to° ton M M •- 0 0 0 e" O O et 0 O O CMO CO m O '7 tt CO M v Nj r O M O O 0) LL� ti r O O �- a- tT (T� [O O t� �, r� N N N N N r N N M N! Ln Cq M `01 1n tfi e- r f7 h e- M e- N M to r O to 1n O/ o f r '- r- � U) 100 c 0 CLr Z, C y a t Q N H m d d dE r H U° (iI G' c ij'c o a �_ °wUw r4 v)Q o•°c �0 �Q cad ;pg iso w J to a� axax O O~ p t6 c SoMf- m cO �4wH 3 Ov) E �Ou vH °'fid =0� >�OIL f- �F--j OBJ J LL d Z5 H a m U. F- � CO LL Q 0 ATTACHMENT "A" CONSTRUCTION DOCUMENTS Boynton Beach Community Redevelopment Agency 15 Ocean Breeze West Site Development ATTACHMENT "B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to this RFP by entering YES or NO in the space provided and indicating date received. Enter "0" if no addenda are issued by the CRA. No. 1 _�_ Date pG -o f-- 2 i , �Q No. 2 4et, Date (X,-Fo3fa. 22, 2.0 to No, 3 Date be-,tosen. 27, z01 o No. 4 qr, Date ac roman 24, z-010 Proposer's Signature Title Boynton Beach Community Redevelopment Agency 16 Ocean Breeze West Site Development ATTACHMENT "C" STATEMENT OF NO RESPONSE If you are not sub"Ling a proposal on this servicelcommodity, please complete and return this form to: oynton Beach Community Redevelopment Agency 9 South Federal Highway Bo ton Beach, FL 33435 Vendor/Company Name: Mailing Address: City: Telephone Number: Vendor Signature: Date: State: Zip: _ Fax Number: WE, the undersigned, have declined to respond t your Proposal for the CONSTRUCTON MANAGEMENT AT RICK CONTRACT WITGUARANTEED MAXIMUM PRICE because of the following reasons: Specifications too "tight" (i.e., geared toward b d or manufacturer only (specify/ explain below). Insufficient time to respond to the Invitation to Pro We do not offer this product or an equivalent. Our product schedule would not permit us to perform. We are unable to meet specifications. We are unable to meet bond requirements. Specifications unclear (explain below). Other (specify/explain below). REMARKS: Boynton Beach Community Redevelopment Agency Ocean Breeze Nest Site Development 17 ATTACHMENT "D" PROPOSER ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Proposals Boynton Beach Community Redevelopment Agency To: 915 South Federal Highway Boynton Beach, FL 33435 Release Date: September 29, 2010 Project Title: CHAR WITH GUARANTEED MAXIMUM PRICE -OCEAN AVENUE AMPHITHEATRE -BOYNTON HARBOR MARINA ENTRY AREA -RELOCATION AND RENOVATION OF JONES COTTAGE (Project) Proposal Received November 10, 2010. Proposals must be received in their entirety by the By: Boynton Beach CRA no later than 3:00 p.m. (local time). Proposals will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. Proposal receiving date and time is scheduled for November 10, 2010, NO LATER THAN 3:00 p.m. (local time) and may not be withdrawn within ninety (90) days after such date and time, At] awards made as a result of this proposal shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency andfor the City of Boynton Beach. Name of Vendor: J194 Construction Corporation Federal I.D. Number: 65-0092166 A Corporation of the State of: _ Florida Telephone Number:5( 61 ) 752.=0480 Fax Number:S(� 752=0481 Mailing Address: _ 4163 Artesia Drive City: Boynton Beach, State: Florida zip: 33436 Vendor Mailing Date: November 10, 2010 ---- hand delivered Authorized nature John 1 ille Name (Pr' dor Typed) Boynton Beach Community Redevelopment Agency 18 Ocean Breeze West Site Development ATTACHMENT "E" PUBLIC ENTITY CRIMES STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not: submit a proposal on a contract or provide any goods or services to a public entity; submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; submit proposals on leases of real property to a public entity; be awarded or perform work as a CONTRACTOR, supplier, subcontractor or consultant under a contract with any public entity; or transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. / 6-- PADposer's Signature l J �ES�oEr,-t� Title Boynton Beach Community Redevelopment Agency 19 Ocean Breeze West Site Development ATTACHMENT "F" SAFETY RECORD 2009 2008 2007 2006 2005 1. Number of Injuries and Illnesses 0 0 _ __ 0 0 0--- 2. Number of lost Time Accidents 0 0 0 0 .0 3. Number of Recordable Cases 0 0 —0 0 _ 1 4. Number of Fatalities 0 0 0 0 0 Number of Direct Hire Fixed 5. Hours Worked 11,000 9,800 9,�0 8, 0 8,000 Signature Cn��,o�� . Title Subscribed and sworn to before me. This rC� day of 1Jo��Jfr. , 20 i o . 1l_ My Commission Expires: i '- r \oT pUB11C.STKL E OF FLORIDA Larry S. Cellon ti C.'oma!isslou # DDS39259 Expires: NOV 17, 2012 tc,`71i%U'nlRUA, )L411c1Joxur:Gc0.,laic. Boynton Beach Community Redevelopment Agency 20 Ocean Breeze West Site Development ATTAC HENT IP SHEDULE OF SUBCONTRACTORS proposers are to submit a detailed listing of any SubC0nftd0r(S) participation of any portion of this project for any reason. Attach additiorW pages if necessary. Project Tine: CMAR Boynton Beach Amphitheatre Boynton Harbor Marina Entry Area Relocation and Renovation of the Jones Cottage Issuanee Date: September 29., 2010 JMW Construction Corporation Proposers Name: Name/Address/Phone of Type of Work to be Performed D'oWr Amount % of Total Subcontractor Name: Pellecchia Electric}Inc. Electrical Address: 2910-7 Commerce Park Df -i s Bovnton Beach. Florida 3 426 Phone: (561) 588--8555 Name: Zicaro's Plumbing, Inc. Plumbing Address: 2960 NW Commerece Park Drive Boynton Beach, Florida 3 426 (561) 515-0535 Name: Advanced Applicators, IILC. Lath / Plaster acid Drywall Address: 3301 SW 14th Place, Bld #1 Boynton Beach, Florida 3426 Phone: (561) 738-1181 Boynton Beach Community Redevelopment Agency 22 Ocean Breeze West Site Development ATTACHMENT "I" DRUG-FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug-free workplace programs. Whenever two (2) or more proposals, which are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency or by any political subdivision for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893, or of any controlled substance law of the United States of America or any state for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted, 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the Statement, I certify that this firm complies fully with the above requirements. oposer's Signatul e t' in 0 -fn Title Boynton Beach Community Redevelopment Agency 23 Ocean Breeze West Site Development ATTACHMENT "J" PROPOSAL Project Title: CMAR -OCEAN AVENUE AMPHITHEATRE -BOYNTON HARBOR MARINA ENTRY AREA RELOCATION AND RENOVATION OF JONES COTTAGE (Project) Name of Proposer: We propose and agree, if this proposal is accepted, to contract with the Boynton Beach Community Redevelopment Agency, in the Contract Form as attached and incorporated into the Request for Proposal, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specked by the Contract Documents. Having studied the documents prepared by: VHB and REG and having examined the project site we propose to perform the work of this Project according to the Contract Documents and any Addenda which we have received: The Proposer agrees to accept as full payment for the Project. GRAND TOTAL: $ anti rni,.k,oa s;x; ar Ti�ov�naA �:�t rivaDnE F.i Dollars and zEn.o Cents (amount written in words has precedence) The undersigned Proposer agrees to commence work within ten (14) calendar days after the date of the "Notice to Proceed" has been awarded and shall achieve substantial completion without interruption within 33o calendar days thereafter. �i Original and six (6) copies of proposal submitted. (*"q'5ea 1b � aA� ►a�r� .� ,/ Attached is a computer-generated, horizontal bar chart showing proposed schedule of work. Schedule of Subcontractor(s) submitted. Evidence of possession of required licenses and/or business permits submitted. The undersigned hereby represents that he has carefully examined the drawings and the Contract including all Contract Documents, and will execute the Contract and perform all its items, Boynton Beach Community Redevelopment Agency 24 Ocean Breeze west Site Development covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The Proposer, by and through the submission of his Proposal, agrees that he has examined and shall be held responsible for having theretofore examined himself as to the character of the route, location, surface and underground obstructions, nature of the ground water table, conditions and all other physical characteristics of the work in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in performing the proposed work. The Proposer, by submission of this Proposal, acknowledges that the Proposer has been advised that in the event that the Proposer contests the award of this Project to another Proposer, the Proposer damages, if any, are limited to actual Proposal preparation costs, and Proposer hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Proposer. Date November 10, 2010 M4 Construction Corporation Name of Proposer. CorpMtion, Fit -in or Printed/Typed Name _ President Title _ (561).752-0480 Telephone Number Florida Contractor's License Number: State of Florida CGC 025814 Boynton Beach Community Redevelopment Agency 25 Ocean Breeze Nest Site Development ATTACH114ENT "K" PROPOSAL BOND STATE OF FLORIDA ) COUNTY OF 9a 6m d•C'-!� ) KNOWN ALL MEN BY THESE PRESENTS, that JMW Construction Corporation_ as principal, and Westfield Insurance Company , as Surety, authorized to do business in the State of Florida are held and runty bound unto the Owner, Bovnt�o_n Beach ommunily Redevelopment Agencv in the penal sum of o +%no 2; ,►�aonEo rfT� Dollars (S }{ol2QS bSo" ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITON OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying proposal, dated November 10 20 10, for: Construction Management at Risk Services for the Construction of Ocean Avenue Amphitheatre & Boynton Harbor Marina Entry Area & Jones Cottage Relocation and Renovation NOW THEREFORE, A. If the Principal shall not withdraw said Proposal within ninety (90) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Proposal as accepted, and give bonds with goods and sufficient surety or suretles, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. B. In the event of the withdrawal of said Proposal within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, If the Principal shall pay the Owner the difference between the amount specified in said Proposal and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligations shalt be void and of no effect, otherwise to remain to full force and effect. C. This bond is given to comply with Section 255.05, Florida Statues, and any action instituted by any claimant under this bond for payment must be to accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statues. Boynton Beach Community Redevelopment Agency 26 (Proposal Bond Cox tin u¢d) IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several Seals this 10th day of _November , 2010 , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of Its governing body. PRINCIPAL: JMW Construction Corporation Name of Firm WITNESS: (If sole Ownership r PerShip, ho (2) Witnesses are required.) (If Corporation, S y wil est and affix Seal.) Signature Signatur ofl der (Affix Seal) Title 4163 A sa Drive Business dress Boynton Bea L 33436 City and State SURETY: Westfield Insurance Company Corporate Surety WITNESS: (If sole Ownership or Partnership, two (2) Witnesses are requircd.) (If Corporation, Secretary only will attest and affix Seal,) Witness �Signature Teresa L. Durham, Witness - "a"", Attorney -in -Fact (Affix Seal) & FL Licensed Resident Agent, Leslie M. Donahue Florida Surety Bonds, Inc. Name of Local lusurance Agency 620 N Wymore Road Suite 200 Business Address Maitland FL 32751 City and State Boynton Beach Community Redevelopment Agency 27 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER 111 AND ISSUED PRIOR TO 041'13110, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 0890992 00 General Westfield Insurance Co. Power of Attorney Westfield National insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know AU Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, t>erelnaher referred to IndlvltlUaily as a 'Company` and coliectively as 'Companies; duty organized and existing under the taws of the State of Ohio, and having Its principal office in Westfield Center, Medina County, Ohio, do by these presents mace, constitute and appoint DON BRAMLAOE, JEFFREY W. REICH, LESLIE M. DONAHUE, SUSAN L REICH, PATRICIA L SLAUGHTER, GLORIA A. RICHARDS, TERESA L. DURHAM, LISA A. ROSELAND, CHERYL FOLEY, J. GREGORY MACKENZIE, JOINTLY OR SEVERALLY of MAITLAND and State of FL Its true and lawful Attorneys) -In -Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, reeognizances, undertakings, or other Instruments or contracts of suretyship • LIMITATION, THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GOWNTEkI, OR BANK DEPOSITORY BONDS, and to bind any of the Companies thereby as fully and to the some extent as If such bonds were signed by (he President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment Is made under fiend by authority of the following resolution adopted by this Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: `8e if Resolved, that the President, any Senior Executive:, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -In -Fad to represent and art for and on behalf of the Company Subject to the following provisions: The AttorneyIn-Fact may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as H signed by the President and sealed and attested by the Corporate Secretary' 'Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seat shall be valid and binding upon the Company with respect to any bond or undertaking to which It is attached.` (Each adopted at a meeting held on February 8. 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 13th day of APRIL A.D., 2010 . •" �"WESTFIELD INSURANCECOMPAMY C6 fate o�*�Mbc� �f{� �ti'sGy j»••.., WESTFIELD NATIONAL INSURANCE COMPANY Amxad a. .ra► o, tip', �'�s OHIO FARMERS INSURANCE COMPANY a71Ca.tl a :M SEAL i ` gi .0Z +..1848 1 s w 1< '.T7''• •� Q • State of Ohio ,,,•'"',a„muoa �'r•, biunaly" By County of Medina ss.: Richard L. Kinnalyd, Jr., Senior Executive On this 131h day of APRIL A.D., 2010 , before me personally came Richard L. Kinnalyd, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Ssnlor ExaeutlVe of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described In and which executed the above Instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companles; and that he signed his name thereto by like order. Nola" sfrixe Ad SPA��.SF i r William J. Kahelin, A at Law, Notary Publk State of Ohio ep O My Commission Does Not Expire (See. 147.03 Ohio Revised Code) County of Medina ss.: q d� *�FOFO I, Frank A. Carr(no, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing Is a true and correct copy of a Power of Attorney, executed by said Companies, which Is still In full force and effect; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of sold Companies at Westfield Center, Ohio, this 10th day of November A.D., 2010 •• WSG% •• "„ ay SEAL sm= t Senrtary 0%46,16.E Frank A. CarrInd, Sscret r �y ,,•''•••,I .... H•••,,, �141,,,M,M•�r BPOAC2 (combined) (06-02) STATE OF FLORIDA t1 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 1940 NORTH MONROE STREET TALLAHASSEE FL 32399•-0783 WILLE, JOHN M JMW CONSTRUCTION CORPORATION 4163 ARTESA DRIVE BOYNTON BEACH FL 33436 STATE OF FLORIDA --- ACS Congratulations! With this license you become one of the nearly one million DEPARTMENT OF BUSINESS AND Floridians licensed by the Department of Business and Professional Regulation. a PROFESSIONAL REGULATION Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. CGCO25814 06/03/10 090461862 Every day we work to improve the way we do business in order to serve you better For information about our services, please log onto www.myflorldalicense.com. CERTIFIED GENERAL CONTRACTOR There you can find more information about our divisions and the regulations that WILLE, JOHN M impact you, subscribe to department newsletters and learn more about the JMW CONSTRUCTION CORPORATION Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customersis CERTIFIED unser s3a proviciooc et 03,489 cs Thank you for doing business in Florida, and congratulations on your new license! ENpi—ti— a,«, AUG 31, 2012 r,10060302490 DETACH HERE ACw i.' STATE OF FLORIDA DEPARTMENTOF $E04L10060302490 The GENERAL CONTRACTOR Named below IS CERTIFIED Under the provisions of Chapter 489 FS. Expiration dates AUG 31, 2012 WILLE, JOHN M JMW CONSTRUCTION CORPORATION 4163 ARTESA DRIVE BOYNTON BEACH FL 33436 CHARLIE CRIST CHARLIE LIEM GOVERNOR INTERIM SECRETARY DISPLAY AS REQUIRED BY LAW This receipt Is In addittqq to and n -ATE'OF VLcw-:ons ALM 1 .Ni NA WIF WE U jp� 69.60 T -M! zj Vf ..... .1 ..... A IS. 11031 OT -,A -'11.1L L10 ........... .. lf U0; 4�281Q . . . . . . . . . . . ........ ......... ... 'RlI0V S.N.U. ON E D V 0 0 1UNTz In Ileu of any licenserequired by law or municipal OC -432 --A--A . J-... - . . - 1 -1 - . I EIPTRD CERTIFICATE OF LIABILITY INSURANCE oP IDWCE20-2 03/01/10 ,7M PRODUCER Brown & Brown of Florida, Inc. THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFER$ NO RIGHT$ UPON THE CERTIFICATE $900 N. Andrews Ave. $300 P.O. Box 5727 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER P Lauderdale FL 33310-5727 ne:954-776-2222 Fax:954-776-4446 INSURERS AFFORDING COVERAGE NAIC�! INSURED INsuRERA Amerisure Mutual Ins. Co. 23396 INSURER B: Canmro. i Industzy In$ Cos 19410 Boynton Beach FL 33425 INSURER C: JMW Construction Corporation 4163 Artesa Drive Boynton Beach FL 33436 wsuRERrx. INSURER E: - rnvrIPAf29M THE POLICIES OF INSURANCE USED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTNTHSTANDING ANY REMMMENT. TERMOR CONDITION OF ANY OONTRACT OR OTHER DOCUMENT WffH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE B19 MNCE Atm BY THE POLICIES DESCi88ED HEREIN IS SUBIECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH . POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS1MM LTR =9 TYPE OF INSURANCE POLICY NUMBER DATE ON DA LIMITS REPRESENTATIVES. 100 E Boynton Beach BlvdA GENERAL LIABILITY Boynton Beach FL 33425 EACHOCCURRENCE $1,000,000 PREML9ES ow ywe $ 50,000 A X OOMMERCIALGENERALLIAmurY OL2043299030010 02/28/10 02/28/11 MED EXP (Any one pman) $5,000 CLAGISMADE FX] OCCUR PERSONALSADV RUURY $1,000,000 i GENERAL AGGREGATE s2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OPAGG s2,000,000 - POLICY X SOT 0LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LJWT 5 (Ea acddenl) BODILYINJURY $ -- ALL OWNED AUTOS SCHEDULED AUTOS_ BODILY INJURY $ s (P-acdd-d) HAM AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Petaodd-1) GARAGELIABILITT AUTOONLY-EAACCa)ENT $ OTHER THAN EAACC 5 AUTO ONLY. AGG $ ANY AUTO EXCESS UMBRELLA LIABILITY EACH OCCURRENCE S1,000,000 AGGREGATE $1 000 000 B KI OCCUR EICLAIMSMADE BE037042978 02/28/10 02/28/11 s $ RDEDUCTIBLE X RETENTION so $ - A WORKERS CCUMBATION AND EMPLOYERS' LUMJTY YIN ANYPROPR1ETORIPARTNER4M-CuTwo OFFICEWMELI EREXCLUDEOi L_...f (Mandatory In NH) N d"�aLn� SPECIAL PROVISIONS below WC204330203 02/28/10 02/28/11 X TORY Urs I ER E.LEACHACCIDENT $500,000 EL DISEASE -EA EMPLOYEE $500,000 EL DISEASE - POLICY UMIT 5500,000 OTHER i DESCRIPTION OF OPERATIONS I LOCATa)NS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Commercial General Contractor. *10 day notice of cancellation for non-payment of premium. Fax: 561-742-6357 & 561-752-0481 i ur-ntirma%in nvL"cn - ---- - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BOYNTO1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Boynton Beach IMPOSE NO OBLIGATION OA LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Building Division REPRESENTATIVES. 100 E Boynton Beach BlvdA OREPRBSEWArnE Boynton Beach FL 33425 ACORD 25 (2009101) W iavPavva e+vv The ACORD name and logo are registered marks of ACORD V7/VltltllV VS.sV MA OOlTV4V Vl A. USALWA $AWAR &AMR 4M uvl �� tJ �lCA1'E OF LtA�I�„[�1� 1 �iANt+E a /0 20 0 _ 1033 8 SUM AD 7 M III V TIfC4'TCP, f'L 33414 ' PM� OILY MD CON *M No Rla s WOR Tm c�e11FIC TE NOL•SM TM C4WJMC:ATE OWN M AMM WWW OR MNff�!#/DEOi1�EiO0 NIt1Ci moo" am OpA67RUCTM INC4163 XVMM St BOYMM MM 1% 33442628• •� ... to gal Baro ImUsaft ROM2517f 1073! � tfffAArtea aeu�efaa TMElOF -...,...,rte fOFmmum mEI6TED�lSIL RFU IBR, IEI� oR I�MORWM Irr�YtIEN�MCEJ�'011D�A1t71i8P0eJ0��81�'Ttl�EtltiE?IIM�R tO<YlEftM�ffA>E7fI8a.6fORieEp0lJCTl /OICICOO.NORW1tA1N1Dff3 Of JWY OOI :OR fffilllOOEI�R Nrtflf }�/iCFIO VIS Yip! f IfRC lm tm lum OR BraCtriwoltsAl�e�ollottlONpOFs11CFi aim �afAf.�wsmr 0 CtJrAttaoFa�F ODaAt p 0 0 0 BVMoaeClaewfNllarAR mmrlmrffa� cr rim A x IAAei1fY 8! 9930-A01-39 07/01/7010 : 0m/.00uA ti�rArrO f 1a 000, 000 t X ALLOMMMM X ;uW►ae ft l�lYutoe W�o4x�p�Y s x � srr�die0 � VARMKLWAILffY AwlrAm ai1R{A AOdmIT i NO S OOplf► C{1�i1a►Di 10AAlArCfM. tlMriUhnu fa�lfAfnaft f � p�pANY . on= AWfRQ7l0ef OFO►�tICIIORiltl7CA'f♦OIIitV�d1CL�18p.QRONf'ftYO�010f�fl�CII��RSIRAOMO' fu��L�iMi1�10MMMiR�1.fIBfAMORiOIAArc. � OAlriwls�'1■1 110�I10! I�Ob�Ox�ItMl0Y0E110ANAIt�M1®70'INEtAii ENF MOLET ODMPLALL f0/OMi11NaaLfYAi OfA Ifle""wwK"%mA"f cm 151Mf mj W'1 - Ma oil lfolr n 150 0 dI01N?owf► dee W*ft V*k *M d M GWW& SADM OO 0� Attachment 3 REG ARCHITECTS,INC. ARCHITECTURE * INTERIOR DESIGN * PLANNING December 24, 2010 Vivian Brooks Assistant Director Boynton Beach CRA 915 South Federal Highway Boynton Beach, FL 33435 Re: Relocation and Adaptive Reuse of Historic Cottage, Boynton Beach, FL Boynton Beach Children's Amphitheater Evaluation of Bid Break-outs REG No. 09014.8 and 09014.10 Dear Vivian: We, REG Architects, Inc., had the opportunity to review the cost break-outs in conjunction with the Boynton Beach Jones Cottage Relocation and Boynton Beach Children's Amphitheater Projects. Upon our review, we note the following comments: We first would like to make note, on the JMW Construction Corp. cost breakdowns, we made the following corrections to assist in our evaluation of the numbers. We revised the Division No.s noted on Ocean Avenue Amphitheatre Cost Breakdown as follows — Division 4 revised to 5; Division 5 revised to 8; Division 10 revised to 11; Division 12 revised to 10. We would also like to note on the Morganti cost breakdowns, we revised their general conditions back to the original bid submission price. Morganti's Ocean Ave. Amphitheatre General Condition amount was revised to $65,000.00 (total project cost of $330,000.00) and Jones Cottage General Condition Cost revised back to $70,000.00 (total project cost of $556,000.00). You will note these revisions on the attached backup. Ocean Avenue Amphitheatre Cost Breakdown Evaluation: Upon review of both JMW and Morganti's cost we did not find a significant difference in their bottom line cost, but did note a slight difference in the line item figures. In review of Division 2 we note a difference in the two bidder's line item which can be explained by recognizing site protection in JMW's proposal is noted in Division 1 while Morganti shows the site fencing in Division 2. We also note the difference in Demo cost but this can be based on the subcontractor they have selected to use for this project. The notable difference (outside of General Condition Cost) is the painting line item. We are left with the question as to whether Morganti's cost includes pressure cleaning and repainting the entire structure with two coats of paint. This will need to be varied if Morganti is selected for the project. Z r f� 307 Evernia St., Ste 4AU, R'eat Palm Beach, FL 33401 Phone: (561) 659-23'3 Fax: (561) 659-5546 www,regaich.c`n'm AA 0002447 LST. IM REG Project # 09014.08 and 09014.10 Boynton Beach Historic Cottage Relocation And Amphitheater Bid Evaluation December 24, 2010 Page 2 of 2 Jones Cottage Breakdowns: In review of the Jones Cottage Cost Breakdowns, a few questions were raised in reference to the cost breakdowns presented. Per our analysis of JMW's cost breakdown, we inquire as to whether the cost of demo includes interior walls, salvage of interior wood wall and ceiling panels and removal of the asbestos materials. We do not find mention of these items in the Demo section of the cost breakdown and need to verify this is not left upon the owner to complete as it is the intent of the documents this is performed by contractor. We also question whether JMW has included the site benches and bike racks in the site cost. The line item "Miscellaneous patch and repair to existing interior walls" along with the cost associated with the drywall leads us to believe JMW intends to drywall the complete interior of the building. We would like to verify this is not the case as the interior should be left with exposed structure and insulation as to allow the future tenant easy access to add plumbing, electrical and low voltage as needed prior to installation of the interior wall finishes. This will also affect the paint cost which seems to be high and may include cost of painting the complete interior. Lastly, in review of the plumbing/mechanical line item on JMW's cost breakdown, we note this cost seems low. We find the amount of A/C work along will be around the cost they have provided (if not more). We must state it is our standard practice to presume all items shown in the plans are included in the project unless noted otherwise; but, in some cases a flag should be raised when there is a noted difference price which could substantially effect the project. In our prior letter we have noted our concerns with Morganti's cost. This is more in relation to the items they have qualified in lieu of what is provided in their cost breakdown. We have included a copy attached as backup if needed for review. End of Review Comments — In our prior correspondence we recommended JMW; but, there will need to be some clarification prior to contracting with either CM. Our overall comment is we feel the price can be better for these two projects and recommend the owner takes this into consideration prior to moving forward. If you have any questions, please do not hesitate to contact us. Sincerely, REG Architects, Inc. Al Phillips Construction Administration 307 Evernia St., Ste. 400, West Palm Beach, FL 33401 Phone: (561) 659-2383 • Fax: (561) 659-5546 www.rcgarch.com AA 000244' f,l !gib* REG Project # 09014.08 and 09014.10 Boynton Beach Historic Cottage Rclocation And Amphitheater Bid Evaluation December 24, 2010 Page 3 of 2 cc: Michael SimonBBCRA Rick Gonzalez/ REG Colin Price/REG Vlad Dumitrescu/REG Enclosures: Cost Evaluation Spreadsheet with Back up 12/14/10 Letter from REG 307 Evernia St., Ste'r40D,Weat,Palm Beach, PL 33401 Phone: (561) 659-2,SJ3 Fax; (561) 659-3546 www.re Qarch.'e e'ni AA 0002447 E.S7; 191;5 74 G ani Lo LO co 0 0 0 0 0 0 0 0 0 0 3 � a� a- +� Ln c r+ I� n Lr) O O O Cl O Cl O O O O 'U dto N ui M LnM v cn C c d Ln N N N N dS � CL Ln N Ln N w LM O N i W a. C to x O r, MillerSellen December 17, 2010 Ref: 62203.08 IVh . Michael Simon Development Manager Boynton Beach CRA 915 S_ Federal Highway Boynton Beach, FL 33435 Re: Boynton Harbor Marina Dear Mr . Simon: After further review of the bids for the CM at risk for the Boynton Harbor Marina Entry signage project, VHBMS has revised the points ranking sheet to reflect.the additional information we have received from both bidders in their respective response packets. Upon review, we feel that both bidders have only shown a minimal amount of project experience exhibiting the level of craftsmanship and attention to detailed construction and installation that will be required for the BHM Phase 1A pi oject the review of their costing breakdown, including ardiltecture is extremely high in our opinion and compared to in house estimates, we feel the work could be completed fox much less. We found the JMS bid to include an exaggerated general cost fee, which appeared to be duplicated for both the site work and entry towel feature.. In our opinion, this shows a lack of careful review of their revised response as this creates redundancy in their fee proposal since both projects are at the same location and would be completed simultaneously.. The bid response from Morganti Group did not provide very comprehensive descriptions or examples of detailed craftsmanship work as requested.. The pricing clarification was still shown in the division breakdown format, which was requested to be revised. We were able to discern what we thought to be the general cost for- the architectural element which was previously provided as a lump sum.. Similar to j1vI5, the cost for the project was extremely high.. In summary, we have adjusted the points ranking sheet in accordance with the information provided to date, reflecting a score comparing the two bid responses against each other. Based solely upon the two bid proposals received, we have rated Morganti Group as the better - selection, primarily in relation to staffing and history of experience. In our opinion however, we Landmark Center Two 225 E. Robinson Street, Suite 300 Orlando, Florida 32801 407.839.4006 ■ FAX 407.839.4008 email: info"b com www vhbmillerselien.com \\tlordata\pmJeas\62M4$\WpM.ehm\ltr toMcbeelSimon lbl7l0,doc MI. Michael Simon Project No..: 6220108 Decembei 17, 2010 Page 2 feel that it may be in the best interest of the CRA to continue to seek out additional bids which provide a mote competitive ptfce and a Mgl-.e. ievei of experience, which will be required fot th2 successful completion of this project We hope this review will prove useful foi the CRA boat in theft decision making process, please do not hesitate to contact us if you have any questions of concerns Very truly yours, VANA- S7HANGEN 3BSTLIN, Iayloi Project Landscape Architect ivl4lletSellen \Us,ml,jackowski\AppData\Local\Mtuosoft\Windows\IempocarylnkrnetYi les\Conteni.�[a`Oltr toTvfichadSimon l2-t7-i0.doc V U :2 :2 m m w w O O O O O O O O O O ao v C .tea O � 8 o Cl 0 0 0 0 0 0 0 0 IA N cn C 5 N N d Ln M O C d N N N � N N E d a N f0 C C N do i d o N O N O C^aXC N O L C W d N H C chE •1=0 R 9� V ti c 2 O d O d C a Z a ,o Z �o ,L �ae13 � D L Z C C $ 3 8 99 19 FAR 19 F, 2, dw ri 0 N w cn N A N Q c .v � Z O c O H .fl OOC Ow f" t�'a E o O co c_ E C y •� u U. � c0 v c H U t0 - O c` O m V a a 2, dw N A N O O H LnVq �D N f" � 14 M y O a� ri rn m N 'V a Ln C) 0 O � Ln P M Ln O C V- N Ln o o n rn _O rn CL' � � R- o N M C 0 V- � ^O � CU ai m CD C N n O Q C .fl M O 7 u Q O R cr > N w ci �: O O lQR- m {{} � � O Q D is LU � V o o ro �Q 'd W NO 00 O � s Aft cu O Z i •fl N H W Q N o Ln Ln ch a` as LU m cu v = m o -o s °�° a V 'm E k may= N � N O H r14 7-1 M � rl- O ri N O � o o n rn O Ln O o o N M C 0 V- � ^O � .fl 7 cr > N O � � O Q D is o 'd W NO O H 4ft Aft O Z •fl H N o Ln Ln o CD as LU m cu m Ln Q a� o °�° a V 'm E 3 a v a� 3 m J E W W0 a �u vi u � -a •..+ p -v s m t m 4� a` `t W m F MAW"! r S 8 $ '� k r .. 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O +ti b N w abrs O ars b N $ yl _N 10 rV N O O N O .ri v pO Pr N O y O CO k yO7 f V pO O M O n V r 11 I 8 N ars 8 ^ 8 N ars 8 N v g O a°0is $ g O v O aR g n N $ P v L N N $ 'f v 25 rO M �O v o PO aqs 10 v Ncp Gf yy+ C VI b nP�j` aR C iR rr 'N LQ N Pryry M o � N O M M N s` O n a0 ppO 8 co N g 8 8 0 R ♦N ~ {H h' in h i � W m L g LA Q N 10 O Ci L t :. O y 1I0pLL1J P } ' Llp Ll 1 O O t O b :� O VM' tG } N N � CE a � 7-R O o Ln U O LQ� lot,. � � O �i m m irOT P O � N O 6 N Y tmn M j S t N j W O p f+l O n O N O O M n O P p O P O I _> m O ' o C o _ o S "ri i g L i g i e C S i5 A N N N N fv N M MP M I n ' N N N N O N O � O D O Ih O o O 0 O 0 0 o 0 .ti132 o Ln » v Contract Form(s) CONTRACT CONSTRUCTION MANAGEMENT AT RISK SERVICES THIS CONTRACT, made on , BY AND BETWEEN BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a Florida public body corporate and politic created pursuant to Part III of Chapter 163, Section 356, Florida Statutes, hereinafter referred to as the "CRA" , and _ hereafter referred to as "CONSTRUCTION MANAGER". WITNESSETH 1. The CRA has selected CONSTRUCTION MANAGER as the successful proposer following a competitive selection process conducted in accordance with the CRA procurement policies and State law. 2. The CRA has heretofore clearly defined construction management at risk services for the following projects: Boynton Beach Amphitheatre, Boynton Harbor Marina Entry Area, and the Jones Cottage Relocation and Renovation. 3. The CRA and CONSTRUCTION MANAGER have reached agreement whereby CONSTRUCTION MANAGER will act as the Construction Manager at Risk ("CM@R") to provide completion of the CRA Projects for a lump sum fee hereinafter described. NOW THEREFORE, in consideration of the mutual covenants expressed herein, the CRA and CONSTRUCTION MANAGER agree as follows: 1. That CONSTRUCTION MANAGER, in consideration of the payments, covenants and agreements herein agrees to provide construction management services to the CRA, to at its own proper cost and expense, and to furnish all labor, materials, and equipment, and to perform all Work necessary to construct and complete in a good workmanlike and substantial manner, and to the satisfaction of the CRA, the following projects; Ocean Avenue Amphitheatre Boynton Harbor Marina Entry Area Jones Cottage Relocation and Renovation 2. The Work shall be performed in accordance with the Construction Documents (as defined in the Contract General Conditions, Article 1, Definitions) as approved by the CRA and are made a part of this agreement by this reference. 3. The CM agrees that the total cost to the CRA for completion of all Projects listed above is: $ and that such cost is a Guaranteed Maximum Price inclusive of: • all contingencies, • overhead, profit, • over -run costs, • insurance required by the CRA, • cost of permits, • cost of bond, • work extras resulting from unforeseen conditions, • all loss or damage arising out of the nature of the Work, or from the action of the elements or from any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the Work until its acceptance by CRA , • for all risks of every description connected with the Work, • for all expenses incurred by or in consequence of the suspension or discontinuance of Work, and • for well and faithful completion of the Work in the manner and according to the Contract Documents and the requirements of the CRA under them. The foregoing list of inclusive obligations is for illustration purposes and does not constitute a limit on CONSTRUCTION MANAGER'S obligation to perform its services for the completion of the Projects for the Guaranteed Maximum Price stated above. 4. That CRA will fix the starting date of the Work and issue a Notice to Proceed after the date of approval of the Contract by CRA. The CM shall fully complete all the Work of the Contract, in first class working order and ready for acceptance by CRA, on or before the expiration of calendar days from the starting time so fixed. The CM will pay to the CRA the sum of $ for each day completion is delayed beyond the time prescribed, in accordance with the Contract General Conditions, Article 7.02, Delay in Completion—Liquidated Damages. 5. That should there be any conflict between the terms of this Continuing Contract Task Order and the other Contract Documents, the other Contract Documents shall control. 6. All contractors and sub -contractors who perform work on the Projects are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the registrar of the Board. 7. That any notice to CRA may be served effectually upon CRA by delivering it in writing, addressed to: Boynton Beach Community Redevelopment Agency Attn: Vivian Brooks 915 S. Federal Highway Boynton Beach, FL 33435 That any notice to CONSTRUCTION MANAGER may be served effectually upon delivering it in writing, addressed to 622 Banyan Trail, Suite 300, Boca Raton, Fla. 33431. 8. In the event of litigation arising from this Contract, venue shall be in Palm Beach County, Florida in a State Court proceeding. Each party shall pay its own litigation related fees and costs. IN WITNESS WHEREOF, the parties to these presents have hereto set their hands the year and date first above written. Signed, sealed and witnessed BOYNTON BEACH COMMUNITY in the presence of: REDEVELOPMENT AGENCY Attest: Jose Rodriguez, CRA Chairman Print Name Attest: Print Name BY: Signed, sealed and witnessed CONSTRUCTION MANAGER in the presence of.- Attest: f:Attest: Print Name Attest: Print Name State of Florida j ss: County of Palm Beach ) On this day of 2010, personally appeared before me, duly authorized to administer oaths, _ — known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: H:\1988\880508\CM at Risk Base contract.doc V. Promenade Direct Incentive Agreement Status Report 7 �f'wa": •. f JqYNTP A East SideWest Side --Seaside Renaissance CRA BOARD MEETING OF: February 1, 2011 Consent Agenda I I Old Business I I New Business I I Legal I I Executive Director's Report SUBJECT: Promenade Direct Incentive Agreement Status Report SUMMARY: In 2004 Boynton Waterways, Inc. (developer of The Promenade) applied to the CRA's Direct Incentive Program. The CRA Board approved entering into a Direct Incentive Funding Agreement (DIFA) with Boynton Waterways on April 25, 2005. Obligations of the developer under the DIFA are found on the attached sheet (Attachment 1). The DIFA grants the project 49% of the TIF the CRA receives on the improvements (buildings) over a period of 10 years payable each April if the conditions of the DIFA are met by the developer. There have been two amendments to the DIFA. The first amendment removed the affordability requirement for residential. The second amendment related to Boynton Waterways leasing of CRA owned land at the SE corner of Federal and Boynton Beach Blvd. and Boynton Waterways responsibility for the ad valorem taxes that were payable by the CRA as a result of that lease. Per the DIFA the onus is on Boynton Waterways, Inc. to present an audit for the CRA's approval that the conditions of the DIFA have been met. The project was completed and placed on the tax rolls this fiscal year in the amount of $32,000,000, albeit for well below the development cost of $150,000,000. In preparation for the DIFA CRA obligations, staff has had numerous meetings and phone conversations with the developer regarding their timeline to meet the requirements of the DIFA for this fiscal year. While some of the conditions have been met, some have not, particularly the creation of the affordable commercial space. This is in part due to the economic conditions facing small businesses. Based on this, the developer felt that they could not meet the terms of the DIFA that would qualify them to draw the funds down this fiscal year. Attachments: 1. Requirements of Developer under DIFA 2. DIFA Agreement and Application 3. Amendment 1 to DIFA 4. Amendment 2 to DIFA 5. TIF Share Allocation Worksheet 6. Property Appraisers Database showing assessed valuation FISCAL IMPACT: The CRA budgeted $159,000 in the FY 10/11 budget in the event Boynton Waterways met the deliverables under the DIFA. CRA PLAN, PROGRAM OR PROJECT: Federal Highway Corridor Community Redevelopment Plan T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\2-1-2011 Special Meeting\Promenade DIFA.doc yNT 2 iCRA j6Jq A j East Side—West Side—Seaside Renaissance RECOMMENDATIONS/OPTIONS: None, information only.. V 'an L. Brooks Interim Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2010 - 2011 Board Meetings\2-1-2011 Special Meeting\Promenade DIFA.doc Requirements of Developer Under the Direct Incentive Funding Agreement Prior to Disbursement of TIF Affordable Access Commercial i. Leases showing all terms and floor plans 10% of retail space or 1,920 sf will be rented at a price of 50% of the average rental rate of non -program space. (See section 2G of Developers DIFA Application) Based on analysis of comparable retail rentals in October 2010 the rent can be no higher than $12.50/sf. Public Areas i. As -built plans identifying public spaces ii. Copy of restrictive covenants relating to public areas in Property Owners Association Declaration of Covenants iii. Copy of recorded public area restrictive covenant. Public Parking 011 free public spaces during term of agreement i. As -built plans identifying public parking areas in garage ii. Signage identifying parking on exterior of building viewable from Federal Hwy. and Boynton Beach Blvd. iii. Public Parking spaces to be identified by painting "Public Parking" on the car stops iv. Copy of restrictive covenants relating to public parking in Property Owners Association Declaration of Covenants V. Copy of recorded public parking restrictive covenant. Performance Audit i. Developer to provide performance audit by CPA re affordable access components of Agreement. ii. Submitted to CRA no later than last day of February for preceding year. iii. Disbursement of funds only upon CRA's acceptance of audit. iv. Funding disbursed annually by April 1 following CRA's acceptance of CPA annual audit report. T:\DEVELOPMENT\Promenade\DIFA\Promenade TIF Calculation for FY 2010-2011 2 DIRECT INCENTIVE FUNDING AGREEMENT This is an agreement (hereinafter "Agreement") entered into as of the QL D� 1 day of N-00JL_ , 2005, by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA"), with a business address of 639 East Ocean Avenue, Suite 107, Boynton Beach, Florida 33435. And BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability company, (hereinafter referred to as the "Developer" or "Boynton Waterways"), with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310, and/or assigns, provided such are affiliates of the Developer. RECITALS: WHEREAS, as part of its strategy to "encourage large-scale projects, which define new markets, quality, innovation and character in the CRA area" the CRA has adopted a Direct Incentive Program dated March 22, 2004 (revised) (hereinafter the "Direct Incentive Program"); and WHEREAS, Developer submitted an application to the CRA for Direct Incentive funding for that certain project proposed at the northeast corner of Federal Highway and Boynton Beach Boulevard within the CRA boundaries to be known as Promenade (hereinafter the "Project'); and WHEREAS, at the October 12, 2004 meeting of the CRA Board, the CRA Board of Directors (hereinafter "CRA Board") approved said application with a project score of 98 points (making the Project eligible for 98% of the maximum incentive permissible under the Direct Incentive Program), subject to approval of a mutually acceptable contract (i.e., this Agreement); and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221; and WHEREAS, at its "WL 17.%2005 meeting, the CRA Board approved this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. ReciWs. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. Section 2. Definitions., As used in this Agreement, the following terms shall have the following meanings: "Affiliate" means a company or corporation that the Developer, or members of Developer, maintains any ownership interest in. "Affordable Access — Residential" means the residential sales provided for in the Application and committed to by the Developer to qualify for the affordable access incentive of the CRA's Direct Incentive Program. "Affordable Access — Commercial" means the commercial leases provided for in the Application and committed to by the Developer to quality for the affordable access incentive of the CRA's Direct Incentive Program. "Agreement" means this Direct Inventive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time. "Application" means the Direct Incentive Program Application submitted by Boynton Waterways dated June 24, 2004, which is attached as Exhibit "A", the information, representations, and commitments of which as contained therein are adopted and incorporated within and as part of this Agreement. "City" means the City of Boynton Beach, Florida. "Commence" or "Commencement" as such terms relate to the commencement of construction of the Project as required hereunder, means the application by the Developer to the City for the permit required for the commencement of vertical construction or the commencement of such vertical construction pursuant to and in accordance with such permit. "Developer" means Boynton Waterways Investment Associates, LLC. and any assignee or transferee of Boynton Waterways that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "Pledged Project Increment Revenues" means 49% of the Project Increment Revenues received by the CRA. "Project" means the Promenade Project as described above in the second "Whereas" clause, and as further described in the Application defined above and in the site plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $119,816.00 as the 2004 base year amount in calculating such increment revenues, so that increment revenues for the Project are equal to all amounts over the base year amount. "Property" means the real property described on Exhibit `B", attached hereto. 2 "Public Areas" means all areas that have unrestricted public access for the life of the Project, as shown on the Delineation of Public Areas attached as Exhibit "C", attached hereto , but shall not include public utilities which shall be dedicated to the public. "Public Parking" means the free on-site parking consisting of 111 parking spaces, including Parking for the disabled required for the Project under applicable state and federal law, as committed and set forth in the Application. "Redevelopment Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. "Site Plan" means the site plan for the Project approved by the City of Boynton Beach City Commission by motion and vote on July 20, 2004, a copy of which is attached hereto as Exhibit «D „ "Substantial Completion" or "Substantially Complete" means the completion of 90% of the Project's residential condominium units and 90% of the square footage of the Project's commercial space, as evidenced by issuance of a certificate of occupancy for such residential condominium units and commercial space. "Taz Collector" means the duly elected tax collector for Palm Beach County, Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the last Party to sign executes this Agreement (hereinafter "Effective Date"). Section 4. Developer's Ob kadons Construction, Developer agrees to construct the Project as described in the Application and the Site Plan and to maintain the Public Parking and other Public Areas as set out therein. The Site Plan may be modified from time to time by Developer in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that the Developer shall not have the right to substantially reduce the number of residential units, the amount of commercial square footage, the size of the Public Areas, the number of Public Parking Spaces or to make any other change which would substantially reduce the taxable value of the Project without the prior approval of the CRA. "Substantially" as used in this Section means any change that would require a major Site Plan Modification. 4_1 Commencement of Construction. Developer shall apply for a building permit with the City no later than twelve (12) months from the date of original approval of the Site Plan by the City Commission, i.e., no later than twelve (12) months from July 20, K 2004. The Developer shall have the right to extend the Commencement Date by up to twelve (12) months on a showing by the Developer to the CRA that the Developer has diligently pursued either applying for a building permit, or construction start, that any delay is beyond the control of the Developer and that the Developer continues to hold a valid and current building permit for the project issued by the City. Developer's rights to receive the benefits of this Agreement are further subject to the following provisions: 4.1.1. Should the Site Plan or building permit expire at any time , this Agreement shall terminate and be of no further force and effect. 4.1.2. Should the Developer obtain a Site Plan modification approval from the City, whether from the City Commission or administratively, the Developer must nonetheless obtain the approval of the CRA Board for any such modification in order for this Agreement to remain in effect. Whether to grant any such modification shall be entirely within the discretion of the CRA Board which may consider factors which go beyond the land development issues and requirements considered by the City in its approval process. 4_2 Non -Discrimination. The Developer agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation be excluded from the benefits of, or be subjected to discrimination under, any activity carried on by the Developer, its contractors, sub -contractors, or. agents, in the performance of this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer that it claims there has been a breach of this condition and thereafter, Developer shall have 15 business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by Other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within 15 business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non -prevailing party. Such non -prevailing party shall be determined by the arbitrator. 4_3 Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and its affiliates, contractors, sub -contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the Effective Date. Section S. Affordable Access Requirements. As a condition precedent to its receipt of any funds pursuant to this Agreement, the Developer and its successors or assigns, shall implement 4 and maintain an affordable access component to the Project as provided for in the CRA's Direct Incentive Program and as set forth in Section 2G of the Developer's Direct Incentive Program Application. Implementation and maintenance of the Affordable Access Program shall be as follows: Affordable Access —Residential. 5._1.1,. Based on the total Project residential condominium count of 318 condominium units as set forth in the Application, Developer agrees to set aside a minimum of sixteen (16) units designated as Affordable Access — Residential condominium units, each with a maximum purchase price of $266,866.00. Should an amendment to the Site Plan be approved which modifies the number of residential condominium units to be developed in the Project, the number of Affordable Access — Residential condominium units will be revised accordingly based on the criteria and requirements set forth in the Direct Incentive Program. 5._ The Affordable Access — Residential condominium units shall be held for sale to individuals or families with household income ranging from a "Low Income of Eighty (80%) Percent Median Income to One Hundred Twenty (120°/*) Per Cent Median Income" for Palm Beach County, Florida, as defined by the United States Department of Housing and Urban Development (HUD) for the year 2004. Unit pricing for the Affordable Access — Residential units shall be priced so that buyers are able to qualify for the unit purchases based on qualifying income percentage for home ownership being defined as thirty-two (32%) percent of gross monthly income. Affordable access - residential condominium units shall be held for affordable purchase for one hundred eighty (180) days after such units are released and advertised for eligibility. 5,,�.3. Qualified buyers of Affordable Access - Residential condominium units must certify that their intent is to utilize the unit as their primary full time residence pursuant to the Affordable Access -Residential requirement. The Affordable Access -Residential requirement shall be recorded in a deed restriction to be in effect for 10 years from the date of closing of title to each unit. 5.14. Qualified purchasers of units pursuant to the Affordable Access - Residential requirement must agree to retain ownership of the unit as their primary full time residence for a minimum of ten (10) years or, upon the sale of any such unit prior to the expiration of ten (10) years, must pay any profit above the original purchase price minus a three (3%) percent annual inflation factor back to the CRA. All buyers within the 10 -year period must qualify to purchase affordable units as required in section 5.1.2 herein. The Affordable Access - Residential requirement shall be recorded in a deed restriction to be in effect for 10 years from the date of closing of title to each unit. 5.1.5. The re -sale limitations and requirements set forth in 5.1.4 above shall be included in the deeds of sale, or other mutually acceptable documents, to be executed by the Developer as seller (or its successors or assigns) and the purchaser at the time of closing on the initial sale of the Affordable Access — Residential units, shall constitute a covenant running with the unit, and shall be recorded in the Public Records of Palm Beach County, Florida. 1-2. Affordable Ace — Commercial. As a pre -condition to receiving funding under the Direct Incentive Program, Developer agrees to implement and maintain an Affordable Access — Commercial element pursuant to the policies set forth in the Direct Incentive Program and in Section 2G of the Developers Direct Incentive Program Application. Should the Developer modify its Site Plan to alter the commercial square footage in the Project from that which has been approved, the retail space offered to local tenants as set forth in the Direct Incentive Program Application will be modified accordingly pursuant to the provisions of the Direct Incentive Program. Any other modification to the terns or provisions of the Affordable Access — Commercial requirements set forth in this Agreement shall require the consent of the CRA and shall, in any event, meet the criteria set forth in the Direct Incentive Program. U. Non -Discrimination. The Developer, its successors and assigns, agree that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation be subjected to discrimination in the purchase of any Affordable Access — Residential units or the lease of any Affordable Access - Commercial spaces provided for in this Agreement. Should such discrimination occur, the CRA will provide notice to the Developer that it claims there has been a breach of this condition and thereafter, Developer shall have 15 business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the auspices of the American Arbitration Association will govern. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within 15 business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non - prevailing party. Such non -prevailing party shall be determined by the arbitrator. 1-4. Performance Audit. Prior to receiving any annual allotment of incentive grant funds, Developer shall provide written audited verification, at its sole cost and expense, satisfactory to the CRA in its sole discretion, of compliance in all material respects by the Developer with all agreed upon Affordable Access performance standards set forth in this Agreement. 5._4_._1. This performance audit shall be conducted by an independent Certified Public Accountant (CPA), selected and paid for by the Developer with the reasonable approval of the CRA. 6 5.4.2. With respect to the Affordable Access – Residential component of the Program, the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access -Residential requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of condominium units which are owned by qualified purchasers. 5.43. With respect to the Affordable Access – Commercial element of the Direct Incentive Program, the CPA must certify, in a written opinion, the amount of commercially leased square footage that qualifies pursuant to the Affordable Access – Commercial requirements of this Agreement. 5.4.4. The examinations and opinions required under this Section must be conducted in accordance with generally accepted accounting standards established by the American Institute of Certified Public Accountants. 5.4.5. The audits required pursuant to this Section may be performed in conjunction with other auditing services. 5.4.6. Each annual performance audit must be submitted to the CRA no later than the last day of February for the preceding year. The CRA shall accept the audit or, should it make the determination that there are deficiencies with the audit and/or documentation for the audit, shall so notify the Developer in writing. 5.4.7. Disbursement of Direct Incentive Program Funds may only occur upon the CRA's acceptance of a properly documented and supported audit. 5—.5,. Inspection. Upon ten (10) business days prior written notice and at any time during normal business hours and as often as the CRA deems necessary, there shall be made available by the Developer to the CRA for examination, all of its records with respect to all matters covered by this Section. The CRA reserves the right to require copies of such records and/or to conduct an inspection of the Developer's records regarding performance measures at any time for any period covered by this Section of the Agreement, all at the CRA's cost and expense. 5_6. Non -Compliance. In any year in which the performance audit discloses that Developer is in non-compliance in any material respect with the Affordable Access requirements of this section, the Developer may be deemed in default and the CRA will be entitled to the remedies set forth in Section 8 below; provided, however, that at the option of the CRA the Direct Incentive Funding the Developer would otherwise be entitled to for the year in question may be reduced as follows: 5.6.1. The funds the Developer would otherwise be entitled to may be reduced by an amount corresponding to the percentage of non-compliance with the Affordable Access -Residential requirements of this Agreement plus the percentage of non-compliance with the Affordable Access -Commercial requirements of this Agreement. 5.62. Exceeding the agreed upon requirements of either of the Affordable Access components in any given subject year shall not entitle the Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the other Affordable Access requirements hereunder. S= 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to the Developer for the purpose of offsetting, in part, the Developer's cost of constructing the public area and all other public improvements and/or programs within the Project. 6.1. Direct Incentive Funding Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein, an annual amount which equals the Pledged Project Increment Revenues less any amounts deducted pursuant to the terms of Section 5 above due to the failure of the Developer to comply with the Affordable Access Requirements of this Agreement. 6_2. Commencement and Conditions of Funding. The ten 10 receipt of incentive ( ) year term for the p funding shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of the Project have been placed on the Tax Roll; C. The CRA has determined that the Project complies with the commitments set forth in the Application (Exhibit "A'), as those commitments may have been subsequently amended with the consent of the CRA, and that the Project otherwise complies with all of the terms and provisions of this Agreement; and D. The CRA has received Project Increment Revenues from such improvements. 6_3. Disbursement of Funds. Except as otherwise provided herein, The Pledged Project Increment Revenues shall be unconditionally disbursed to the Developer by April 1 of the year following the corresponding ad valorem tax year or within thirty (30) days after the CRA's acceptance of the annual audit provided for in Section 5.4 above, whichever date is later. 8 6_4. No Pledge of Pledged Prosect Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6_5. Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 0404, adopted December 6, 2004, as amended and supplemented. Section 7. Associations. Upon completion of the improvements of the Project and prior to the issuance of final certificates of occupancy by the City, the Developer shall create one or more property and/or condominium associations to provide for the ongoing management of the Project and the maintenance of the common elements and the Public Areas. The Declaration or Declarations of Covenants for such association(s) shall be approved by the CRA, which approval shall not be unreasonably withheld or delayed or conditioned. Such documents, which shall be recorded, shall contain restrictive covenants regarding the Public Parking and other Public Areas, which shall include, at least, the following terms: 7_1. Public Parking Restrictive Covenants. The restrictive covenants governing Public Parking shall include the following: 7.1.1. There shall exist 111 "first come -first served" free parking spaces open to the general public as shown on the Site Plan for the commercial component of the Project. At such time as Developer has finalized its plans for the parking facilities, the Developer shall provide the CRA with a drawing showing the location of the Public Parking spaces, which drawing shall be attached to and incorporated into this Agreement as Exhibit "D". 7.1.2. Signage for parking shall meet the requirements of the City Code and shall be located prominently on the exterior and interior of the parking facility to identify the Public Parking. .1.3. The Public Parking shall be free to the public during the term of this Agreement, and after term the Developer shall have the right to charge such fees as will allow the Developer to recover all its direct operating expenses for the parking spaces, as well as reasonable amounts for a reserve for replacement and/or capital repairs and for depreciation. 7.1.4. The Developer shall have the right to control public access or otherwise secure the garage between the hours of 12:30 am. and 6:30 a.m. daily and shall have the right to adopt reasonable rules and regulations for the operation and security of the garage. 7.1.5. The Public Parking restrictive covenants shall be included within the Property Owners Association Declaration of Covenants and shall remain in effect for i the life of the Property Owners Association notwithstanding any foreclosure of the project by any lender owning a mortgage encumbering the Property. 7.1.6. The Public Parking restrictive covenant shall be recorded in the Public Records of Palm Beach County, Florida and shall be superior to all after -imposed liens and encumbrances, including, without limitation, any mortgages on the Property, except any liens and/or encumbrances that are given priority as a matter of law, and shall be recorded in the Public Records of Palm Beach County, Florida 7.1.7. In the event that prior to commencing funding by the CRA under this Agreement, this Agreement is terminated for any reason, this restrictive covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken place. CRA agrees to execute such documents or instruments as may be reasonably necessary or desirable to effect such termination of record. 7_2. Other Public Area Restrictive Covenants. The restrictive covenants governing the other Public Areas shall contain the following: 7.2.1. The pedestrian walkways, performance square, park improvements and plazas (the "Public Amenities') as shown on Exhibits "C" and "D" shall be accessible to the general public as provided herein. 7.2.2. The Developer shall have the right to control public access or otherwise secure the Public Areas between the hours of 12:30 a.m, and 6:30 am. daily, and shall have the right to adopt reasonable rules and regulations for the operation and security of such areas. 7.2.3. The Public Areas restrictive covenant shall be included within the Property Owner's Association Declaration of Covenants and shall remain in effect for the life of the Property Owner's Association but in no event for less than the30-year term of the Project notwithstanding any foreclosure of the project by any lender owning a mortgage encumbering the Property. 2._2 The Public Areas restrictive covenant shall be recorded in the Public Records of Palm Beach County, Florida and shall be superior to all after -imposed liens and encumbrances, including, without limitation, any mortgages on the property, except any liens and/or encumbrances that are given priority as a matter of law, and shall be recorded in the Public Records of Palm Beach County, Florida ,_2_.5. In the event that prior to commencing funding by the CRA under this Agreement, this Agreement is terminated for any reason, then this restrictive covenant shall be deemed terminated, which shall be evidenced by recordation of an affidavit of the Developer in the Public Records that such termination has taken 10 place. CRA agrees to execute such documents or instruments as may be reasonably necessary or desirable to effect such termination of record. Sec., don 8_. Events of Default. Remedies and Termination. .1. Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further funds under this Agreement shall terminate at the option of the CRA. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: 8•`1.1_. Any representation by the Developer in or in connection with this Agreement or the Direct Incentive Program Application is inaccurate or incomplete or false in any material respect. 8.1.2. The vacating, abandoning, or closing of the Developer's business. 8_ The failure of the Developer to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by the Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to the Developer provided, however, that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure, then Developer shall not be deemed to be in default if Developer commenced such cure within said 30 -day period and thereafter diligently pursues such cure to completion. .1.4. The making by Developer of any general assignment, or general arrangement for the benefit of creditors; 8.1.5. The filing by or against Developer of a petition to have the Developer adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy unless, in the case of a petition filed against the Developer, the same is dismissed within sixty (60) days; 1.6. Appointment of a trustee or receiver to take possession of substantially all of Developer's assets, where possession is not restored to Developer within sixty (60) days; or 8.1.7 The attachment, execution or other judicial seizure of substantially all of Developer's assets where such seizure is not discharged within thirty (30) days. .2. Remedies. Upon the occurrence of any one or more of the foregoing events, CRA may, at its option, give notice in writing to the Developer to cure its failure of performance if such failure may be cured. Upon the failure of Developer to cure, CRA may exercise any one or more of the following remedies: 8.2.1. Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to the Developer at the address specified in Section 9.4 of this Agreement, such notice to take effect when delivered to the Developer. 8.2.2. Commence a legal action for the judicial enforcement of this Agreement and for any and all damages occasioned by the Developer's breach of this Agreement including, but not limited to, repayment of funds disbursed to the Developer as a result of fraud or material misrepresentation. 8.2.3. Withhold the disbursement of any payment or any portion of a payment. 8.2.4. Take any other remedial actions that may otherwise be available under law. 8_3. Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non -prevailing party. .44. Law and Remedy. This Agreement shall be governed by the laws of the State of Florida Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder, shall preclude any other or further exercise thereof. M. Strict Performance. No failure by either party to insist upon strict Performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, tens, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and 12 their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 1-6. Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. 8_7. Termination. The obligations of Developer and CRA shall terminate upon the earlier of (i) expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods; or (ii) failure by the Developer to commence construction of the Project on or before Construction Commencement date set forth in Section 4 above, unless extended as provided therein. Section 9_. General Conditions. 9_1. CRA's Maintenance of Records and Annual Account Fan ine Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the CRA and the Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 9_2. Successors and Assigns. The CRA and Developer each binds itself and its successors, executors, administrators and assigns to the other party and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, this Agreement may not be assigned by the Developer without the prior written consent of the CRA. After Substantial Completion this Agreement may be assigned by the Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of the Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and the Developer. In the event that the CRA determines that the Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to the Developer. 13 Notwithstanding anything to the contrary contained in this Section 9.2: (a) Prior to the issuance of the Certificate of Occupancy, Developer may assign this Agreement to an affiliate of Developer with the consent of CRA, such consent not to be unreasonably withheld, delayed or conditioned. Such assignment shall relieve the Developer of its obligations and/or duties as set forth herein only if the assignee shall assume such duties and/or obligations; (b) After the issuance of the Certificate of Occupancy, Developer may assign this Agreement without the consent of but with at least 10 days written notice to CRA. Such assignment shall relieve Developer of its obligations and/or duties as set forth herein only if the assignee shall assume such duties and/or obligations; (c) At any time during the term hereof, Developer or its assignee may pledge the expected proceeds pursuant to this Agreement to an institutional lender as collateral for a loan or other obligation without the consent of, but with at least 10 days written notice to, the CRA, so long as such 'pledge does not interfere with or affect the CRA's rights under this Agreement. In the alternative, Developer or its assignee may pledge the expected proceeds pursuant to this Agreement to a non -institutional lender as collateral for a loan or other obligation subject to the consent of the CRA, such consent not to be unreasonably withheld. In either event, such pledge to an institutional or non -institutional lender shall be subject to the conditions that it (1) shall not relieve Developer or its assignee (if this Agreement has in fact been assigned) of its obligations hereunder, (2) shall not interfere with or affect the CRA's right under this Agreement; and (3) shall be subject to all terms and conditions of this Agreement. 99 3. No B_kers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 944 Indemnification and Hold Harmless. The Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character (sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. The Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida This paragraph shall survive the termination of the Agreement. 14 9_5. _Notices and other Commnnieations. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: 15 If to Developer: Boynton Waterways Investment Associates, LLC c/o Panther Real Estate Partners 155 South Miami Avenue, Penthouse 2A Miami, Florida 33130 Attention: Jeff Krinsky With Copies to: Marc Seltzer, Esquire 155 South Miami Avenue Penthouse 2A Miami, Florida 33130 If to CRA: Boynton Beach Community Redevelopment Agency 693 East Ocean Avenue, Suite 107 Boynton Beach, Florida 33435 With a copy to: Kenneth G. Spillias, Esq. Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 9.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 9.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 9_6. Time is of the essence. The parties acimowledge that time is of the essence in the performance of the provisions in this Agreement. 9_7. Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 9_8. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 16 9_9. Somabiltty. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 9.10. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 9.11. Headings Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 9.12. Insurance All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 9.13. _Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and the Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 9.14. HKOrding. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. (Witness) BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability company By: Its Managing Member, Panther Boynton, LLC, a Florida limited liability company By: Its Manger I Lo- L��■ 17 (Witnyss) Vl dtg.c r (Witness) STATE OF FLORIDA COUNTY OF MIAMI DADE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name SS: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared F'h njr_ 1 '-�Surl j n as Manager of PANTHER BOYNTON, LLC Managing Member of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., for the use and purposes mentioned herein and that the instrument is the act n f BOYNTON WATERWAYS INVESTMENTS ASSOCIATES, LLC. He/she(s personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this � day of _�riI , 2005. My Commission Expires: �—Notary Public, State of DAVID YOSLICK Notary Publw - Slate of Florida my 1,-.:sirnifsm Jun 9, 2008 r ra. n a� on 0 DD 002403 iy,,,AboralNotary Assn. f'. at Large STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared` cit n as of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she iperson kno� me or has produced identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this L S day of App , , 2005. My Commission Expires: 11 12 v v 7 Notary Public, State of Florida at Large 1:1Client DocumentsSoynton Beach CRA12419.4WI)OCUMENTSTinal Direct Incentive Funding Agreement 4-1-05.doc suss„ vtw,a w MY cannUslo n D021M �+«V E4*" AV* 1,2= 19 / � / 7� 2| |\ 7$rf; ILI - !!�_$ > � § § � » z 2 k � §_ ! 12 100' USAirbill :W; 8 5 2 5 2 7 31 0 7 0 8 MvmbN 1 From vr.»ow+,nsp.geme Dar 8Z1/05 Sender's FedEx AccourtNumber 1768-2109-4 Norm Ken SPilliasr Esq. _______ Phone 1561) 640-080 Con.ny LEW I S LONGMAN .& WALKER Aakrm 1700 PALM BEACH LAKES BLVD cdv WEST. PALM BEACH FL zip 33401-2012 2 Your k n W B Retennr� F""0w1unollowe IA19-•006 BQyht6n Beach CRA 3 To �CrpNnia Name Lisa Bright _ PnDne1 5611 737.3256 Loma Boynton Beach CRA Reciprent'a .... 639 E Ocean VP-nUp W. emnq darer m P.D. beat q PO LI coda. '-------------___._ alonenrrs.era.n�. Address s 10 3 To r.pwg. 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S.. beck hx debet. 8 Sipa to Auforim DsWvery Wftmrt a Sip WWW 8VrwieSf*AMva 4"lPareaarekaaI Ilk mOita-rokli%AirbM andnamcUrrMSarvice&We,ildudYpyrWOMImMpaNbay -- -- Question? Visit our Mb sits at iedexcom and wu wawa• w m tl.w. ae..hloawnwdhon obb wp . —amt. or call 1.800.GofedEx 1.800./&3,3338, 0 31 1415 5 51 .M epn. m IMvwefy end hdd w lwrwl.n hie en. rewlena d ants. _------- __ .__. -_ -. ,a$•11.r Dr6ltrpJ•An I15B279.01991-?qIJ iM1f+.�mN - riDMuSA Exhibit "A" Direct Incentive Application Community Redevelopment Agency of the City of Boynton Beach Direct Incentive Program Application Submitted by: Boynton Waterways Investment Associates, LLC June 24, 2004 Panther Red Estate Partners June 24, 2004 Mr. Doug Hutchinson, Executive Director CRA of the City of Boynton Beach 639 E. Ocean Avenue, Suite 109 Boynton Beach, FL 33405 155 South Miarni Avenue Penthouse IIA Miami, Florida 33130 Aprlvate real estate in veshnent group RE: Direct Incentive Program Application Boynton Waterways Investment Associates, LLC Dear Mr. Hutchinson: 305/374-7075 Phone 305/374-5051 Fax jkrinsky®pantheroffice.com Jeff Krinsky Principal On behalf of Boynton Waterways Investment Associates, LLC, (`BWIA") I am pleased to submit our application for the Direct Incentive Program to the City of Boynton Beach Community Redevelopment Agency ("CRA"). Background Our project, The Promenade, is a uniquely designed mixed-use project incorporating residential, retail and extended -stay hotel components. The Promenade will be located at the northeast corner of Federal Highway and Boynton Beach Boulevard in the existing downtown area and the heart of the future downtown core. We have compiled a highly qualified design and development team consisting of project developer Panther Real Estate Partners, project architect Cohen, Freedman, Encinosa & Associates, project civil engineer is Craven, Thompson & Associates, and project landscape architect Fuster Design Associates. The Promenade is a 780,100 square foot, fifteen -story, mixed-use project. It will include 318 condominium units (one, two, and three-bedroom units), 19,200 square feet of retail space and 68 extended -stay hotel suites. In addition, there will be a 750 parking spaces provided on-site with the majority of these situated in a four-story parking garage to accommodate the project. Based on several meetings with the City's Planning and Zoning Department, our project will provide in excess of 60 parking spaces above that which is proposed to be required, Reasoning for Request The Promenade has been designed according to the City and the CRA's planning concepts for downtown Boynton Beach. We have worked closely with City and CRA professionals to insure that the project is consistent with the visioning and planning for the area. 7'he Promenade contains a mix -of Dift and private amenities and provides public space which are essential to creating an urban "downtown" feel. The project's "new urbanism" approach provides pedestrian friendly on and off-site amenities, such as a "Performance Square" in the adjacent park to the east of the property. The Mr. Doug Hutchinson Executive Director CRA of Boynton Beach June 24, 2004 Page 2 "Performance Square" will be provided by BWIA. Furthermore, the project's incorporation of residential, retail and extended -stay hotel will create an exemplary model for future projects, while serving as an anchor to the emerging downtown area. In formulating the development plan for The Promenade, we have worked to balance the financial risks of introducing a new mixed-use project on a non -waterfront location, while designing the project consistent with the objectives of the City and CRA, to create a "downtown" area for the City. While The Promenade is one of the first planned new developments in the downtown area, we are confident that it is mindfully designed, responsive to essential public objectives, and sets a precedent for future projects in the CRA. Our commitment to be responsive to the City and CRA's planning concepts for downtown Boynton Beach has a significant cost implication. The costs are substantially greater than we would have otherwise had to incur for the project. By and through this Application, we are requesting the CRA assist in defraying these added costs. Funding Request We are requesting the maximum funding permissible under the CRA's Direct Incentive Program, which is 50 percent of the new increment tax revenue generated by The Promenade during its initial 10 years. We are requesting CRA funding to be provided in the following form: • An initial $2.0 million in direct funding during the construction which will be used, in part, to lessen the upfront costs of the public areas, streetscape and site work which includes burial of the FPL lines. • The balance of the Direct Incentive to be provided over a 10 year period following completion and on a "front loaded" schedule which will be used to amortize the balance of the public area improvement costs of the project. We are confident that when evaluated and scored by the CRA, the design and development program for The Promenade will result in the maximum point total. The success of The Promenade is both vital us and to the CRA as we work together towards the growth downtown Boynton Beach. We thank you for the opportunity to submit this Application and look forward to meeting with CRA staff and governing board to further present our project, The Promenade for funding under the Direct Incentive Program. Please feel free to contact me if you have any questions. Again, thank you in advance for your consideration. Mr. Doug Hutchinson Executive Director CRA of Boynton Beach June 24, 2004 Page 3 Respectfully submitted, Jeff sky aging Director COMMUNITY REDEVELOPMENT AGENCY of the CITY OF BOYNTON BEACH DIRECT INCENTIVE PROGRAM APPLICATION TABLE OF CONTENTS 1, Applicant Information a. - Applicant (Majority Owner) Name - Listing of Owners by Ownership Percentage Applicant Address, phone number(s), fax, email address - Contact person's name, title, and contact Information b. Resume of Applicant and Principals c. List of Properties and their PCN numbers d. Current Tax Roll Values e. Project Tax Roil Values 2. Project Information a. Project Description • Project Location • Sire — area and appraised value • Zoning • Uses • Square Footage of Uses • Amenities • Features b. Plans c. Project Status d. Project Timetables e. MAI Appraisal Summary f. Economic Impact Study g. Affordable Access Commitment and Calculation h. Public Amenity Feature APPLICANT INFORMATION CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY DIRECT INCENTIVE PROGRAM SUBMISSION REQUIREMENTS I Rei onse � 9 1. Applicant (Majority Owner) name Boynton Waterways Investment Associates LLC 2. Listing of Owners by Ownership Please see attached chart at Exhibit Percenta a "C" 3. Applicant Address, phone number(s); Boynton Waterways Investment fax, email address Associates, LLC c/o Panther Real Estate Partners 155 South Miami Avenue Penthouse 2A Miami, FL 33310 305-374-5455 305-374-5051 Fax 4. Contact person's name, title, and Jeff Krinsky contact information Managing Director 155 South Miami Avenue Penthouse 2A Miami, FL 33310 305-374-7075 x 221 305-374-5051 Fax 5. Attach a brief resume on the applicant and principals Y N C 7 .S L_ C N a PANTHER REAL ESTATE PARTNERS Panther Real Estate Partners (",Panther") is a diversified, opportunistic real estate organization. Panther's principal operating companies are Panther Management Services, Inc. and Panther Realty Advisors, Inc. The company is headquartered in Miami, Florida and maintains an office in Fort Lauderdale. Through Its affiliated corporations and partnerships, Panther is a vertically integrated real estate company, providing expertise in property development, acquisitions, asset management, property management, leasing, financing, and dispositions. Panther specializes in the acquisition of real estate that predominantly falls into three categories: • Distressed real estate (fee interests, mortgages, publicly traded shares, partnership interests) wherein the nature of the distress is a function of the condition of the Seller and not the real estate. This includes intensive workout scenarios in coordination with a lender that has taken title to property previously owned by a borrower. • Properties that, for various reasons, are not considered institutional quality and, consequently, have fewer and less sophisticated buyers. Nevertheless, these properties have impressive fundamentals with significant upside. • Development projects wherein a significant portion of the speculative nature of the deal is eliminated prior to the commencement of construction. Panther Is committed to continued, selective growth through the acquisition and development of real estate that is consistent with its strategic plan to produce superior results. The PrinciRals Dan Sirlin Dan Sirlin Is a Managing Director of Panther Real Estate Partners and President of Panther Management Corp. and'Panther Realty Advisors, Inc. Dan specializes In the acquisition, development, and redevelopment of commercial real estate assets. Dan received his JD from Georgetown University Law Center. He received his BA from Case Western University and attended the London School of Economics. Prior to his involvement with Panther, Dan was Executive Vice President of Enterprise Asset Management, Inc., a privately held company with over $300 million In commercial real estate assets. Dan was responsible for sourcing, structuring, leasing, and acquiring numerous real estate assets valued in excess of $100 million. Dan was Chief Operating Officer of L.G. Schafran & Partners, where he was responsible for the acquisition, leasing, management, and disposition of over $250 million of real estate and partnership interests. Dan was General Counsel and Director of Acquisitions for the Stahl/Comras/Carmel Group, responsible for the acquisition of 3,000,000 square feet of retail and office space, the conversion of 1,000 apartment units, and the acquisition of several mixed-use development parcels. His civic and business affiliations Include:. • International Council of Shopping Centers • Bar Association (New York, Washington D.C., and Florida) Mill► .1_ Jeff Krinsky Is a Managing Director of Panther Real Estate Partners and Vice President of Panther Management Services, Inc. and Panther Realty Advisors, Inc. Jeff also serves on the Board of Directors of Sunmark Realty Advisors, Inc., a real estate consulting and investment firm based in Boca Raton, Florida. Jeff specializes in the acquisition, financing, asset management, development and redevelopment of commercial real estate assets. Jeff holds a Masters Degree in Real Estate Development from Columbia University and a Bachelors Degree from Tufts University. Prior to his involvement with Panther, Jeff was associated with Lowe Enterprise, Inc. (Los Angeles), where he was a member of the realty services group responsible for the workout, development, asset management and disposition of a $500 million commercial real estate portfolio owned by H.F. Ahmanson & Co. Jeff also played an active role in the asset management of Renaissance Center, a 5.5 million square foot mixed-use complex in Detroit, Michigan. Jeff was a Vice President with L.G. Schafran & Partners (New York), responsible for the acquisition of $100 million of opportunistic real estate assets and development joint ventures and the asset management of a portfolio of real estate assets valued in excess of $100 million. His civic and business affiliations include: • Urban Land Institute International Council of Shopping Centers Greater Miami Chamber of Commerce Lauderdale Lakes Chamber of Commerce • Simon Wiesenthal Center-Int'I Leadership Council 0 Young Presidents Club -Mt. Sinai Hospital JLL-30-2004 19:0 8i wmd by i Lloyd Ohm@% &quite 2295 NW C pots rx BIW JIM I*% FL 334! 1 PANTHER WOU/064 1034#0 no ett lode? le lm Rai■ aolwah caurly, AMT ss 4M, eek so Doe B MKp 37 M so Dorothy H Nilkett; cl .) Pwal IdentifiadoA No. 0 Q - q,3 - '(6- AA - 0 t - 400 r ©,d y � SIFECXAL WARRA.NTX DEED T= SPEML WARRANTY DBBD, aside thi:? iyy ogJ��2OQ4 between M'UV Chelsea LL -C-, A Florida► limited liability aompW whese pose oti6oe addmu it 1645 SB 3rd Court, Sulto 200, DeerQoid Beat, FL 33441 bec+afnafeftr aalled GRANTOR end BO'YNTON'WVATERWAYS DMOTMXNT AssoCJ&TRS, LLC, a Florida liability company whose pant Of ice eddreau is: 155 South Miami Avenue Penthouse IM Mimi, Florida, 33130 h#*URer owed GRANM,, (Wbwver used herein, Ih* 1; 49RA14TO S VA "ORAN =9 include dl the perch to thio hom d►e bebl leper repreaentuivae and U09w of individu4s, and the awauca and sssIM of oop Ventlot WYTNBs3 : that the ORAMR, for and in cor sideration of the suet Of $10-60 and a and good end valuable considGMtions to GRANTOR in hand paid by Gt whereof ie hereby aelaowledgv4 hereby gam, barges, Wit# aliens, � gses, c and cmft as unto QR OMM and GR.AMUs brain and assigns ftWer, do 01116w, dosc Osd land, sit lk Ift and being in the County of palm Re&* State of US Florida, tom SEE 'T "A!, ATTACBED R8R.BTO 'AND BY TWS R8F$MC13 MADF PARS' IBREOp StIBMCx' Tp commm, conditions, reetricfiiona, raorvations, limitations, casements and a,St+eemeait; ofreoord, if W rata and assessments ibr the year 2004 and subsequent years, to all apPiioable xontU olydlnences and/or restriodoul and problbitions iVosed by govw m authorities, if any, ROCOAD ANDAtIr1URN TO: PA- -- ll O PARK Y!t'LE CO. SW W., PAWWW PARK AD. 006 MCA RAM FL UM fsp I . P.02 �el�e�t�a ariida ric of tour# JLL-30-2004 19:19 PANTHER F. 03 Ew, v4;� 1TOORrem W= � the teaeaxsects, hmditaments and appu:tea� em thereto be is f a�avi:e TO RAW AND TO HOLD the same in fbe simple lbrever, AND TM GRANTOR hereby covenant with said l3Lq= that except as above n ted, the OxiANTOR is law7l ny seized of Said laud lu fee aitnple; that the GRANTOR bm good tWu ld• ltwfdl au%0IftytO 8011 and conveyeald laid; and that the ORANTOR batebyhHy W4=t the dde to said land and wily, def'emd the game against the lawful olshns of aU peaeM, clalu by, d"VIO or uudut• CSC tor, It'p4r1 MSS VMRXOF, GRANTOR has Biped sud sealed these present the date �rlt Cottt� above. Signed, seated #Ad dellveW in our ttrMat,eh" SWAT$ OF FLORIDA COUNTY OF Patin Reach 1Vf T 9 Chal a , a placid ty Company Its: (SEAL) The lbrogaing instrument was acknowled,Sed before me the w of � 2044 by; of Md oas company, Manager o Chelsea L.L.C., A Flodda limited Liability Comp�nny, on a ideaficado . who is Pw4O nally�wA to rise or,� who has produood as idea�cat%tt. [Notary seal) - t, _ — F%llwpd0er4e4wMWb *9hWb*yM=VM&p"W M=Iydoed wpd a uWa O da MM Ift /tHeslie ��dm�ca, 4101 Ohl" =m.d gum P�e l TOTAL P.03 Palm Beach County Property Appraiser Property aearcn bysrem rage A ui 1. Hutchinson, Douglas From: Jeff Krinsky pkrinsky@pantheroffice.coml Sent: Friday, July 30, 2004 6:07 PM To: hutchinsondoci.boynton-beach.fl.us Subject: Palm Beach County Property Appraiser Property Search System Doug, Here is the tax information you requested in your letter. Regards, Jeff r Property Information I Location Address: 416 N FEDERAL HWY Municipality: BOYNTON BEACH Parcel Control Number: 08-43-45-22-01-000-0241 Subdivision: DEWEYS SUB Official Records Book: 16587 Page: 1553 Sale Date: Feb -2004 Brief Legal Description: DEWEYS SUB, LT 24 (LESS E 8uF it Lmla Owner Information Name: BOYNTON WATERWAYS INVST ASSOCS Mailing Address: 155 S MIAMI AVE PH ZIA MIAMI FL 33130 1617 - Sales Information Sales Date Book Page Price Sale -Type Owner Feb -2004 16587 1553 $5,400,000 WARRANTY DEED BOYNTON. WATERWAYS INVST ASSOCS Aug -2000 11984 304 $10 QUIT CLAIM MIB CHELSEA 3ul-2000 11928 1827 $1,753,000 WARRANTY DEED M30 CHELSEA • Exemptions Exemption Infbrmation Unavailable. Appraisals -- Tax Year: ZQ02 Tax Year 2003 improvement Value;$1,175,7051p Number of Units: 0 Land Value: $858,8301 $21 $ Total Square Feet:46694 Total Market Value: $2,034,5351 $1,50.0J00011 500 000 Acres: 3.9432 Use Code: 1100 Description: STORES s In residential properties may indicate living area. 8/2/2004 Palm Beach County Property Appraiser Property searCn aystem Assessed and Taxable Values Tax Year: Assessed Value: Exemption Amount: Taxable Value; Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: 8/2/2004 2 0 2 48 4i $36,10 $36,849 9 85 $14,291 $6,51S 58 276 50 397 43 367 rage s- w Record Search I Infor, mAMn I EcemOwns I_ unity I Emkyment I N Hometer I 4g_� a ons V_atveAdjgi eft Board I S Our Nomes I SeMor M I Disdall-ner Home I U-nks I ry I FAQ I FoOms I Untagtis I PAPA p 2004 Palm Beach County Property Appralser. PROJECT DESCRIPTION R 1. Project Description one page narrative Cover letter and see below containing: a. Project location 416 North Federal Highway N.E. Corner of Federal Highway and Bo ton Beach Boulevard b. Size -area and appraised value 3.96 acres & the appraisal being conducted by Adrian Gonzalez & Associates, P.A. C. Zoning Current Zoning: Central Business District (CBD) Prouosed Zoning: Mixed -Use High (MX -H) d. Uses (commercial, residential, mixed use, Mixed -Use etc. e. Square Footages of Uses Residential: 467, 600 s.f. Retail: 19,200 s.f. Extended -Stay hotel: 52,900 s.f. { Parking Garage: 240,400 s.f. TOTAL: 7$0100 s.f. f. Amenities Public: Performance Square, plaza and pedestrian access throughout, public art and water features, free on-site parking of commercial and retail uses. Private: Roof -top pool and Jacuzzi, movie room, valet parking and health club. g. Features -construction finishes & materials, Please see "Pians" at Exhibit "B" colors, etc. 2. Plans (if not previously CRA approved)- Please see Exhibit "B" site, floor, elevations, landscape, colored renderings, etc. xhibit "B" 3. Project Status (for example, has the project Initial. Submittal: 4/28/04 been submitted for Initial Site Review, Site Final Technical Review Plan A" roved, Permitted, etc.) Committee Meeting: 6/22/04 4. Project Timetable with Projected Dates CRA Board Meeting: 7/13/04 City Commission Meeting: 4 7/20/04 - Also See Exhibit "D" 5. Feasibility Study Summary- (A copy of The Feasibility Study Summary the study's summary conclusions dated is being conducted by PMG within the last 6 months prior to the date the Associates, Inc. application is filed with the CRA office.) and will be added at Exhibit "E" The study must be completed by an experienced third party firm. The Study shall be based on appraisal, market conditions, comparable projects, financing ad all factors affecting the development of a stand-alone project, without the inclusion of incentives. Property value and inflation increased shall be no. greater then 3% annuall . 6. MAI Appraisal Summary- (A copy of the The Appraisal being conducted appraisal's summary conclusions dated by Adrian Gonzalez & within the last 6 months prior to the date the Associates, P:A. application is filed with the CRA office.) and will be added at Exhibit "F" MAI. Appraisal of the current land and any improvements as is and the project's projected value upon completion. 7. Economic Impact Study -(A copy of the The Economic Impact Study is study's summary conclusions dated within being conducted by PMG the last 6 months prior to the date the Associates, Inc. application is filed with the CRA office.) and will be added at Exhibit "G" The study must be completed by an experienced third party firm. The analysis shall forecast CRA and City economic impacts, specifically including CRA TIF revenue forecasting using RMS standardized economic models. This study requirement is waived for projects in the Heart of Boynton area. 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Ilrl 1111- ��' f� ■! .� ■ .1 ..`ter ..I -- �1 `Are--- Jow x j [u I� �k r- _� ri - - n j j ill -_ -' 44l=IItI ' -� i . --•-- -- - __ � ------�.� _- �_I _ __ _ __ RR..� _ r■1`r�"�-+�. �L- �� ■f rr 11 rf fl It I,, ellrrfl � _ I _ Irl! ,I� ': — `- .[ 1111•'--' �~ R- 1 - C 10■ � 111 �I !{1 _, I � / •�� -z�.I� � i� � -� I _.ice � - _ _ T _ _ . � i I ' i� - � � .. ------ --- _...- -�_ � __fir■.� ,.___ 1! Rvmm CalIr IC145 I IF, I . .......... ....... MW7_��_ Lot( )UI' bUYN I UN bhAGN, FLORID! 1 PROJECT NAME: ' The Promenade APPLICANT'S AGENT: Mr. Michael Weiner / Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CiTY COMMISSION: July 20, 2004 TYPE OF RELIEF SOUGHT: Request new site -plan approval to construct a mixed-use project consisting of. 16,200 square feet of retail, 3,000 square feet of restaurant, 68 hotel rooms, and 318 condominium units on a 3.975 -acre parcel in the Mixed Use High Intensity (MU -H) zoning district. LOCATION OF PROPERTY: 416 North Federal .Highway, * northeast corner of North Federal Highway and Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, X 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 Community Redevelopment Agency Board, which Board found as follows: OP 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 04 Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative Taff and the public finds as follows: 1. Application for the relief sought was madeby the Applicant in a man7-'Itl h- _...._. the requirements of the City's Land Development Regulations. • ; 2. The Applicant. HAS 32004 HAS NOT L G&rA.RTMENT QF DEV�LAIu�@►�y established by substantial competent evidence a basis for the relief requesre—-~-�p --- 3. 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". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect Immediately. upon issuance by the City Clerk. 6. All further development on the property shall be made In accordance and conditions of this order. ff1 &ft-111%%M=W"R0JNC1 SeniawWAwaro"o9Mdw The Cit_ y cf Boyntost' Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIV16ON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425.0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boyntorrbeach.org ly 26, 2004 4r. Michael Weiner finer & Aronson, P.A. North Swinton Avenue )elray Beach, Florida 33444 The Promenade pile No.: NWSP 04-009 cation: 416 N. Federal Highway, N.E. comer of N. Federal Highway and Boynton Beach Blvd. k )ear Mr. Weiner: ,closed is the Development Order granted by the City Commission on July 20, 2004. The site plan approval is to construct mixed-use project consisting of 16,200 s.f. of retail, 3,000 s.f. of restaurant, 68 hotel rooms, and 318 condominium units on parcel in the Mixed Use High Intensity W-1) zoning district. This site plan approval is valid for one year from (.9.75-acre y 20, 2004. In order to maintain vested status, a building permit must be secured or an extension granted within one year of inal site plan approval. tinue this project through the development process, please revise relevant pages of your approved site plan to ncorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must company the submission of the fully amended site plan set. The person managing your permit applications should be made re of any additional documents and third party letters listed in the conditions of approval that need to be submitted with ur permit package. te Building Division is committed to speedy and efficient completion of the building permit process for your project. wever, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce Lnnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst, and if the necessary entation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be. Ted to the applicant for correction and re -submittal before the permit is further processed. Feel free to contact any TRC nernber for additional clarification of comments. portant: if you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, lease contact our stafffor a review before submitting a permit package to the Building Division. Icopy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval"must be ubmitted to the Building Department along with the fast permit request to avoid any delays in the processing of your �rmit. should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. 111_prely, ichaei W. Rumpf )erector of Planning & Zoning flanninglSHAMD\WP\PROJEC P WmTnenede\NWSP 04-009\appvl Ittr after CC.doc PROJECT TIMETABLES IE Sfte 1010 RdS p 7Z DeWp Pions JIM SOft Pei, ReW 1030 i Frandfte Ufty ROocaon 1040 FOW Con3mms" eeo� 1046 Rew Cansftdon meters 1047 IbW Met= MqWed (M 1.60 1049 R" Opens POW jTower DesipPlans 1 .1 1080 Bx9dftq Pe ml - Tower 1070 —TOWW co,"Wai. B.O., 1075 Tom Candmcifon matm reqt*vd t 1080 Tower Meters Required ((2) 4" t meters} 10.90 TbvwcoftjjnjdbnCOmpkqe 04OCrD4 V3JAMM 1107di 107djOWAN05 0. Pe -141.1 Idil?MOOM 17MY06 Id GSJU COJUNOS 1744i 17AUG04-104FMS 07FEBO5 owkyaS 41241GWMyW-OGi*= t I IdJOWUMS [Miums 14125OCTH 1260CM 14107DECN W 1 0 Now Prel' "Y Project Schedule W Dear pf"s �W W1ft PeMA - ROW wmf Fla"di" MY Rdacaftn Pmms ReW Cm*vcft-ftOft3 �PY RAWO coon meters required r-11 ReW Metas j%qk*W ((2) I.W njehn) -0-IRetall Open NW11!!FTDWW Oeskn PWS Buldrig Perag - Tower ffi r Cmsktdion m ohm required LM'FYTawerConeftecdbn COMPIM WN Ev* bw . Iftapaw EDW#tft Pda P, off Cdkg bw ftWORN*bar 9W flafthm POW Fhdo mffa4kva...a MAI APPRAISAL SUMMARY CLOBUS, - McLEMORE August 13, 2004 & DUKE, INC. Since. 1975 ! ROBERT D. CLOBUS, MAI, SRA Mr. Marc Farmer State Certitled General Appraiser RZ0000016 COMERICA SCOTT M. MCLEMORE, MAI, SRA State Certified General Appraiser RZOM333 MC 6508 —1508 West Mockingbird Lane WALTER B. DUKE, Ili, MAI, CCIM Dallas, Texas 75235 State Certified General Appraiser RZ0000376 Re: The Promenade, a proposed 318 -Unit luxury condominium project located at the northeast corner of the Intersection of t Boynton Beach Boulevard and North Federal Highway, Boynton Beach, Palm Beach County, Florida Dear Mr. Farmer: As requested, we have performed a complete real estate appraisal of the above referenced property. This report is presented in a self-contained format, which is intended to comply with the reporting standards set forth under Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP). The subject of this report is a proposed, 318 -unit luxury condominium project. The improvements are to be situated on a ±3.975 -acre site in Boynton Beach, Palm Beach County, Florida. The purpose of the appraisal Is to estimate the Market Value of the fee simple estate of the subject site in its current state as of August 1, 2004, which represents the "As Ise value of the site. Further, we have estimated the Bulk Value of the proposed units of the subject property "Upon Completion of Construction" as of November 1, 2006, and the Aggregate Retail Value of the proposed condominium project as of November 1, 2006. The accompanying report describes in detail the neighborhood, site, proposed improvements, approaches to value, and other pertinent data that was used to solve the appraisal .f problem. The appraisal is subject to the assumptions and contingent and limiting conditions set forth in the report. This appraisal report has been prepared in conformance with the appraisal regulations issued by the federal banking regulatory agencies pursuant to Title XI of the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA); the Uniform Standards of Professional Appraisal Practice (USPAP) as promulgated by the Appraisal Standards Board of the Appraisal Foundation; and the Code of Professional Ethics and Standards of Appraisal Practice of the Appraisal Institute. The appraisal also conforms to the appraisal guidelines of Comerica. As a result of our investigation and analysis, it is our opinion that the estimated Market Value of the fee < < simple interest of the subject property, "As Is" as of August 1, 2004, was $12,000,000. TWELVE MILLION DOLLARS i Furthermore, the Prospective Market Value of the subject property upon completion of construction (Bulk Value), of the Fee Simple interest, as of November 1, 2006, would be $115,980,000. ONE HUNDRED FIFTEEN MILLION NINE HUNDRED EIGHTY THOUSAND DOLLARS 4101 Ravenswood Road, Suite 226 • Fort Lauderdale, Florida 33312-5352 • Tel: (954) 587-2701 a Fax: (954) 587-2702 REAL ESTATE APPRAISERS • CONSULTANTS * MARKET ANALYSTS • LICENSED REAL ESTATE BROKER Mr. Marc Farmer Comerica August 13, 2004 Page Two In addition, the Estimated Aggregate Retail Value (Individual Retail Value) of the subject property "As If Completed- according to plans and specifications, as of November 1, 2006, would be $136,020,000. ONE HUNDRED THIRTY SIX MILLION TWENTY THOUSAND DOLLARS In accordance with Standards Rule 1-2, the appraisers have identified and considered personal property, fixtures, or intangible Items that are not real property, but are included in the appraisal. In our opinion, the furniture, fixtures, and equipment (FF&E) included in the appraisal have a contributory value of $1,952,500 based on calculations in the Cost Approach. To be consistent with market perceptions and methodologies, personal property is not valued separately. The estimates of prospective values were prepared in accordance with Statement on Appraisal Standards i Number 4 (SMT -4) of the Appraisal Institute — Prospective Value Estimates, adopted July 8, 1991. Implicit in these estimates of prospective value is the presumption of good quality construction, competent management, aggressive marketing, and economic stability. The prospective value estimates are subject <i to unforeseeable events that could alter market conditions prior to the effective date of the opinion. Thank you for the opportunity to serve you. Sincerely, ci CaeMcTyre EMORE & DUKE, INC. J State-Certified General Appraiser#RZ1838 e i � S I f L Walter B. Duke, III, MAI, CCIM State -Certified General Appraiser #RZ375 ECONOMIC IMPACT STUDY DETERMINATION OF ECONOMIC IMPACT THE PROMENADE PROJECT BOYNTON BEACH, FLORIDA JULY 2004 PMG Associates, Inc. 2151 West Hillsboro Boulevard Suite 301 Deerfield Beach, Florida 33442 (954) 427-5410 DETERMINATION OF ECONOMIC IMPACT THE PROMENADE PROJECT BOYNTON BEACH, FLORIDA The determination of the economic impact of a project is an identification and measurement of the fiscal activity that results from the business endeavor. This activity includes the revenues derived from the project, as well as ancillary spending. For the Promenade project, this analysis will consider the economic impact, or throughput, for both the construction phase and the permanent operation of the facility. In addition, a measurement of the incremental annual revenues generated from the facility that accrue to the City of Boynton Beach is included. 1. DEVELOPMENT PROGRAM This analysis is based on the development program for the redevelopment of the property located at 416 North Federal Highway. It's assumed that the existing buildings will be removed and a new complex will be developed. The proposed development will contain 318 condo townhouses ranging from approximately 850 to 2,530 square feet in area, 68 extended stay hotel suites, and 7 retail spaces with 19,200 square feet. Current Development: Cate o I Buildings Businesses Square Foota e Commercial I 1 18 47,398 Based on review of the parcel information from the Property Appraiser's Office, which includes the size of the properties and the classifications noted above, the following number of current residential and business units is used in this analysis: • Commercial --18 businesses 2. REVENUE IMPACT TO THE CITY AND CRA The City of Boynton Beach and the CRA will generate revenues from this project based on the total taxes and fees that will be collected from the redevelopment of the site in additional State funds receivable. Among the fees generated from the project are TIF Revenues, Utility Taxes, Franchise Fees, Communications Service Tax and Fire Fees. A listing of the taxes and fees generated are followed by the calculations of each of the items. The Promenade project will generate an increment of local tax and fee revenues for the City of Boynton Beach totaling $1,336,798 annually generated by various sources. The CRA will receive $1,184,876 in TIF and the City will collect an additional $151,922 from other revenue sources. The calculations of these revenues follow. -1- 2.11 Ad Valorem Property Taxes The incremental property taxes generated from The Promenade will be the difference in the current Taxable Value and the proposed amount after completion of the development stages. The proposed project was reviewed by the Property Appraiser's Office and an estimated Taxable Value generated based on the estimated average sales price of $366,761. Current Taxable Values were based on current practices of the Property Appraiser's Office and estimated to be 80% of Sales Price. The Homestead Exemption reduction was applied to 1/3 of all units (106) since the marketing program for the project will be directed toward second home purchase. Category Sales/Construction Cost Taxable Value Residential 318 Units $116,630,000 Assessed Value at 80% of Sales $ 93,304,000 Less Homestead Exemption $ 2,650,000 $ 90,654,000 Commercial 19,200 square feet Assessed at 75% $5,376 000 $4,032,000 _ $ 4,032,000 Hotel -- 68 extended stay units Assessed at 75% $15,046,625 $11,285,000 $ 1 11,1, 285,000 $105,971,000 I KII ".I Current Taxable Value Estimated Taxable Value after Incremental Taxable Value Amount $ 2,034,535 $105,971,000 _ $103,936,465 Amount Total Incremental Taxable Value $103,936,465 TIF at 12 mills $ 1,247,238 Less 5% Administrative Fee $ 62,362 TIF amount available to the CRA __ $1,1 Other Property Taxes generated from the project accrue to the other governmental jurisdictions in Palm Beach County. The combined millage rate for these entities is 11.7981 mills. The incremental Property Taxes generated from this project is then $1,226,250. -2- 22.2 Utility Taxes Utility Taxes are levies imposed by municipalities based on the consumption of certain utilities. The City of Boynton Beach imposes a Utility Tax on electric and gas (10% of bill) services. Calculations showing the amount used and the typical monthly bills for the project follow. These calculations result in an annual estimated increase of Utility Taxes in the amount of $51,492. Incremental Electric Usage (Table 1) = $509,820 Utility Tax @ 10% $ 50,982 2 3 Franchise Fees Franchise Fees are similar to Utility Taxes in that the fee is imposed on utility bills. However, this fee is charged to the service providers for the right to operate within the City limits. This fee is passed on to the consumers. The City of Boynton Beach imposes a Franchise Fee on electric service at 5.0% of the monthly usage charges. Incremental Electric Usage (Table 1) = $509,820 Franchise Fee @ 5.0% $ 25,491 2.4 Communications Service Tax The State of Florida recently imposed a Communications Service Tax, that is applied to all telephone (including long distance) and cable TV usage in the state. Each municipality establishes a rate with certain upper limit restrictions. The current rate in the City of Boynton Beach is 5.42% of the monthly usage. Incremental Telephone Usage (Table 2) Incremental Cable Usage (Table 3 ) Total Incremental Usage Communications Service Tax @ 5.42% 2.5 Fire/EMS Fee $196,140 $317,820 $513,960 $ 27,857 The Fire/EMS Fee in the City of Boynton Beach is assessed based on a range of total square building footage for commercial/office users and non-exempt institutional users (see Exhibit 1). The current assessment is $3,587 based on Property Appraiser records. The proposed development would generate an assessment of $14,779 for the 318 residences and the 19,200 square feet of commercial/office/storage space and the hotel. -3- The total incremental revenues from this category is $11,192 226 Utility Usage Calculations Electric Usage The estimate of electric usage varies depending on the type of use. The following table outlines the monthly figures for each type of use. TABLE 1 ELECTRIC USE CALCULATIONS Type of Use Number of Units Monthly Bill Monthly Consum Hon Value Current Development Commercial 18 $ 425 $ 7,650 Proposed Development Residential 318 $ 120 $38,160 Commercial 7 $ 425 $ 2,975 Hotel 1 $9,000 $ 9,000 Total Proposed _ $50,135 _ Increment Monthl _ $ 42,485 Increment Annually $509,820 Telephone Usage There are two distinct types of telephone bills generated, one for commercial and the remainder for residential usage. A table illustrating the generation of revenues follows. TABLE 2 TELEPHONE USE CALCULATIONS Type of Use Number of Units Monthly Bill Monthly Consum tion Value Current Development Commercial 18 $ 125 $ 2,250 _ Pro osed Development Residential 318 $ 40 $12,720 Commercial 7 $ 125 $ 875 Hotel 1 $5,000 $ 5,000 Total Proposed _ _ $18,595 -4- Increment Monthl $ 16,345 Increment Annually $196,140 DSL/Cable Usage: TABLE 3 DSL/CABLE USE CALCULATIONS Type of Use Number of Units Monthly Bin T Monthly lConsumption Value Current Development $ 50,982 Franchise Fees $ 25,491 Commercial 18 $ 75 $ 1,350 Prosed Development $ 36,400 TOTAL $1 36 798 Residential * 318 $ 70 $22,260 Commercial 7 $ 75 $ 575 Hotel 1 $5,000 $ 5,000 Total Proposed $27,835 Increment Monthly $ 26,485 Increment Annually $ 317,820 * it is estimated that 2/3 of the units will have DSL/Cable service. TABLE 4 ANNUAL INCREMENTAL TAX AND FEE REVENUES TO THE CITY OF BOYNTON BEACH GENERATED FROM THE PROMENADE DEVELOPMENT CATEGORY AMOUNT Ad Valorem Taxes City of Boynton Beach $1,184,876 Utility Taxes $ 50,982 Franchise Fees $ 25,491 Communications Service Tax $ 27,857 Fire Fee $ 11,192 State Shared Revenues $ 36,400 TOTAL $1 36 798 2.7 State Shared Revenues State Shared Revenues represent a revenue source for a municipality based on the permanent population. These revenues are paid from the State of Florida General Fund with General Revenues and % Cent of the Sales Tax Revenue collected by the State. -5- Based on the revenues generated from the State during the past year and the population of Boynton Beach, it is estimated that the City derives approximately $50 per capita from State Shared Revenues. The population increase is illustrated in the table on the following page. Condition Units Household Size Population 1 Proposed I Condos 2.3 731 The net population increase of 731 generates $36,550 in additional revenue annually. 4. NET FISCAL IMPACT The Promenade project will have a positive impact on the City of Boynton Beach's financial position through the generation of an increment of local tax and fee revenues for the City of Boynton Beach totaling $1,336,798 annually generated by various sources. The CRA will receive $1,184,876 in TV and the City will collect an additional $151,922 from other revenue sources. 5. RETAIL SPENDING The residents of the project will generate a significant amount of retail sales in the local economy, as well as Sales Taxes to the State. The increase in sales activity is represented in Table 5 and reflects an annual increase of $686,880. TABLE 5 RETAIL SALES ACTIVITY BY FUTURE RESIDENTS Income per Household $100,000 w Households 318 Total Income $31,800,000 Disposable Income P, 45% $14,310,000 80% Propensity to Spend for retail Total Retail Spending $11,448,000 Sales Tax 6% $686,880 0 6. INCREASED ECONOMIC ACTIVITY The economic activity in the current development scenario includes the sales from the 47,398 square feet of commercial space. Calculated at $250 per square foot (average retail sales per square foot for the area), the amount of economic activity is $11,849,500. For the proposed project, the economic activity includes the retail sales, the revenue from the hotel and the spin-off spending from the hotel guests. The retail spending was established at $300 per square foot since the new retail will be more upscale than the current product. The room rates for the hotel are established at $225 per night with a 70% occupancy. This occupancy rate is an average for the county. The spin-off spending from the hotel guests (non -hotel spending for food, entertainment, etc.)was established at $1,925 per party for an average of 3.8 nights stay in the County. These figures were obtained from the Tourist Development Council annual reports. The economic activity from the proposed project is $18,470,250 for an increment over the current conditions of $6,620,750 annually. The analysis is illustrated in Table 6. TABLE 6 MEASUREMENT OF ECONOMIC ACTIVITY Category Amount7--summary Current Retail @ $250/sq. ft. $11,849,500 Proposed Retail @ $300/sq. ft. $5,760,000 Hotel $225/room/night, 70% occupancy $3,909,150 S in -off Hotel guests $1,925/ , 3.8 ni hts/tri $8,801,100 Subtotal Proposed $18,470,250 Increment $ 6,620,750 &1 7. EMPLOYMENT Employment generated by the project includes the construction activity that exists for the time frame that the facility is being built. The permanent employment reflects Full -Time Equivalent (FTE) jobs which begins after the facility is in operation. TABLE 7 CONSTRUCTION EMPLOYMENT Construction Cost $87,713,000 Labor Costs @ 45% $39,471,000 Salary Cost per Employee * $46,322 Total Employment FTE (labor divided by salary, 18 mo.) 852 Direct Annual Employment (total FTE divided by 1.5) 568 Indirect Employment @1.0513 597 TOTAL EMPLOYMENT 1,165 Salary Costs include wages plus fringes. TABLE 8 PERMANENT EMPLOYMENT Category Em to went Current Commercial at 500 square feet per employee 95 Proposed Commercial/Hotel at 500 s uare feet per em to ee 119 Residential Condo 6 Difference V 30 Average salary per employee = $24,000 Total incremental annual salary = $720,000 -8- S. TOTAL IMPACT The total impact of the Promenade project is the combination of all of the factors identified earlier. This total impact TABLE 9 TOTAL INCREMENTAL IMPACT CALCUALTION - ANNUAL Category Amount Amount TIF Generated $ 1,184,876 Other Property Taxes Generated $ 1,226 250 Other Municipal Revenues $ 151,922 Retail Sales by Residents $11,448,000 Increased Salaries.for additional em to ees $ 720,000 Increased Economic Activity $ 61620,750 TOTAL ANNUAL IMPACT $21,351J98 TABLE 10 TOTAL INCREMENTAL IMPACT CALCUALTION — ONE-TIME Category Amount Construction Value $87,7131,000 EXHIBIT 1 CITY OF BOYNTON BEACH, FLORIDA FIRE ASSESSMENT FEE STRUCTURE CATEGORY PARCEL CLASSIFICATION RATE/UNIT RESIDENTIAL Single Famil $ 70.00 Multi -Family 42.00 COMMERCIAL <1,999 SQ. FT. 35.00 2,000 -- 3,499 69.00 3500-4,999 121.00 5,000 — 9,999 173.00 10,000 — 19,999 347.00 20,000-29,999 693.00 30,000 — 39,999 1,040.00 40 000 — 49,999 1,386.00 >50 000 SQ. FT. 1,733.00 NON-EXEMPT INSTITUTIONAL 2,000 — 3,499 SQ. FT. 396.00 ON AFFORDABLE ACCESS COMMITMENT AND CALCULATION MEMO To: CRA Board From: Douglas Hutchinson Subject: Direct Incentive Request from the Promenade at Boynton Beach Date: September 14, 2004 Project Applicants Analysis This is the Staff review and analysis of the Direct Incentive Program request from Boynton Waterways Investment Associates, LLC. for their Promenade at Boynton Beach project, located at Federal Highway and Boynton Beach Boulevard. This project has submitted for site plan approval to both the CRA and City. The project has approval from each. Note that the CRA Direct Incentive Program is for eligible projects that score from 50 to 100 points under the program criteria. The maximum incentive is capped at 50% of the new tax increment the project creates. Therefore, the CRA retains a minimum of 50% of the project's tax revenue stream for our budget use. The incentive period runs up to 10 years. Also be aware that no incentives are granted until the project is completed, is on the tax rolls and pays taxes. The applicant receives incentive funds after the CRA receives the full increment from the City and County through the County Tax Collector's Office. Application: The application submitted by Boynton Waterways Investment Associates, LLC. has been reviewed and found to be complete by Staff. The applicant had the option of providing a Feasibility Study or MAI Appraisal Summary. They have submitted the appraisal information. This information appraisal relates to the required Economic Impact Study and determines the applicant's investment impact on the community. The Applicant is the first to address the Affordable Access element and the calculations conform to the intent of the Incentive Program. I will give further analysis in the scoring review portion of this analysis. The applicant has highlighted and defined substantial public amenity features. Those have been indicated in the plan documents in their application. Scoring: The applicant is scored on six (6) issues. The points have been structured to create superior project elements. Many of the scoring criteria are evaluated through straight mathematical formulas; others, by design are subjective to allow the Board to impact the ultimate incentive outcome. It may be possible for a project to score over 100 points; however, the incentive participation runs from 50 to 100 points. This point score becomes a simple percentage (50% to 100%) to establish the applicant's portion of the potential incentive level. Note that anything under 50 points (50%) is not eligible for incentive through this program. Staff has scored the non -subjective elements, they are as follows: Project Size: The project size according to the MAI Appraisal is $136,000,000. Projects of $50,000,000 plus receive twenty (20) points. Type of Project: The applicant actually has two key uses for the CBD. There are "Mixed Use with Residential" and "Hotel/Conference Centers". The project scores twenty (20) points. Project Location: The project location is in the CBD and on two major highways: Federal Highway and the Boynton Beach Boulevard and scores ten (10) points. Economic Impact: The economic impact measure the project's impact on the entire city, not just the CRA's TIF. This is critical to evaluate if any incentive is warranted. The project generates $21,351,798 in total annual impact. The projected annual TIF to the CRA is $1,184,876. Assuming the project receives one hundred percent (100%) of the potential program incentives, the annual incentive is 100% (incentive scoring percentage) X 50% (incentive program percentage) X $1,184,876 = $592,438 potential annual incentive. Therefore, the impact multiplier is figured as $21,351,798/$592,438 = 36 times the CRA incentive. This scores five (5) points. Affordable Access: This is a new provision for the applicants to address. The project must score a minimum of two (2) points. The discounts for Affordable Access are for a minimum of 10 years (for rental property). Property purchasers are limited to price increase of 3% annually plus unit improvements by the owner over the period of the incentive. The project has two (2) uses to qualify for affordable access. The applicant is placing one thousand nine hundred twenty (1,920) square feet of the project's total nineteen thousand two hundred (19,200) square feet of commercial retail space into the program or ten percent (10%); further the project will rent this space at a price fifty percent (50%) of the average rental rate of non -program space. The combination of the amount of space and rental rate scores ten (10) points on the Affordable Access scoring graph. The applicant is proposing sixteen (16) residential condominium units or five percent (5%) of the total three hundred eighteen (318) units as having a sale price of $268,000 or less. The price threshold is the maximum retail value a moderate wage earner (two person household) at one hundred twenty percent (120%) of Palm Beach County's median income can qualify for a mortgage. The mortgage is defined as maximum of thirty-two percent (32%) of income set aside for housing with an ninety-five percent (95%) loan at a six percent (6%) interest rate with a thirty (30) year term. The average unit sale prices at $230,500 is forty percent (40%) below the average sale price of $384,570 for the remaining units. This five percent (5%) of units at forty percent (40%) below market scores the project three (3) points. The total Affordable Access scoring for both Retail/Commercial (ten (10) points) and Condo sales three (3) points is thirteen (13) total Affordable Access points. The TCEA requires an average of five percent (5%) of the CRA area's units to be workforce housing. This TCEA five percent (5%) affordable access figure is an average target percentage of all the CRA area. Note that while this project does not score extra points on the incentive graph, they meet the five the five percent percent (5%)f�n Affordable r Affordable Access. Given this project's location units has great merit. Project Quality: The final scoring element is project quality. These 40 points reflect the projects architecture, landscape, public spaces and amenities, innovation, quality and overall contribution to the community. This scoring is designed to be subjective and solely at the CRA Board's discretion, therefore, Staff has no scoring. The project features are: • Over parked by 78 parking spaces, • Several sizable public areas, • Public improvements of site at the pond park entry, • Building massing and set backs from Federal Highway are very responsive to planning and Boynton's size and scale, • Architecture o Design/Styling/Details o Color • Public art commitment • Has the sought after first downtown hotel. Direct Incentive Application Analysis Summary: The application is complete and reviewed by staff. The project scoring is non -subjunctive elements is as follows: o Project Size o Type of Project o Project Location o Economic Impact o Affordable Access o Project Quality o Subtotal (before quality score) 20 points 20 points 10 points 5 points 13 points TDB 0-40oa ints) 68 points The CRA Board scores the Project Quality Elements and this will be added and/or adjust scores. The Board can adjust any score and shall disapprove or app 1 the level of the applicants request of incentives. The Board is requested to set the project's final scoring; set the incentive, if any, the project will receive; and instruct the Staff to prepare the Incentive Agreement documents for Board approval. Avg. Discount Units Unit Price Total Project - Residential Condominiums 318 $376,014 Affordable Access - Residential Condominiums U $230,500 40% Residential Condominiums less Affordable Access Units 302 $384,570 No. Unit Affordable Access - Residential Unit Breakdown Units SQ. FT. 2 BD/2 BA 2 1,142 1 BD/1 BA 8 805 1 BD/ 1 BA 4 815 1 BD/ 1 BA 4 750 _ Totals 18 Total Retail SF 19,200 Market Rental Rate/SF ($) $ 30.00 Retail Space Offered to Local Tenants (SF) 1,440 Retail Space Offered to Local Tenants (%) 7.50% Rental Rate Offered to Local Tenant ($/SF) $ 16.50 Rental Rate Discount to Market Rental Rate ($/SF) $ 13.50 Rental Rate Discount to Market Rental Rate (%) 45.00% THE PROMENADE PUBLICAMENITIES The public amenities to be provided at The Promenade shall include the following: • Via Promenade, a pedestrian walkway that will stretch from the Boynton Beach Blvd. extension, north to NIE 4a' Street. The southern half of Via Promenade will be restricted for pedestrians with no car traffic. This tree -lined area can be utilized for social events that can be coordinated with events to be held on the Boynton Beach Blvd. Extension. • Performance Square will be a raised platform to be constructed in the City's park located to the east of and adjacent to the Project. This square will provide the City with the ability to have concerts in the park. The performance square can be viewed from all sides with seating available on the patio outside of the planned restaurant space at the Project as well as potential seating under the gazebo located in Pete's Pond. • The South Plaza is located at the southwest corner of the Project. This plaza area will contain a "gateway" element to be coordinated with the CRA to match its design for the corner located across Boynton Beach Blvd. Extension from the Project. • The North Plaza, located at the northwest corner of the Project will contain potted trees that will provide a shaded public area that is adjacent to north retail buildings. • Public Art — the main entrance to the Project, located along Federal Highway in between the street front retail buildings, will contain public art; this will either be a form of statue or a water feature. • Free Parking — the Project will contain free on-site parking for the commercial and retail uses. Required parking for the commercial portion of the project is 1 I 1 spaces. Including the residential and hotel components, the total parking spaces required at the project is 663 spaces. We will be providing 750 total parking spaces with 25 of these spaces available as additional free parking. AW -02-2004 10:51 PANTHER August 2"d' 2004 Mr. Doug Hutchinson Director Boynton Beach Community Redevelopment Agency 639 E. Ocean Ave., Suite 107 Boynton Beach, Florida 33435 RE: The Promenade Performance Platform Dear Doug: Please find attached a sketch describing the proposed performance platform adjacent to the city park. As designed, the platform with its accompanying landscaping will provide a place for local artists and serve as a visual connection betwem the park and proposed restaurant. The platform shall be raised above the level of the dining area and the park in I order to offer better viewing of the shows fbr both properties. The added landscaping should help to shade viewers during performances. If you have any questions or need additional infonnation at this time please feel free to contact me S dy Peacctnan Cohen Freedman Encinosa & Associates Architects Ism WHIM T T[A- Rii� 9 1 --- - --- --------- P4 3 FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT (hereinafter "Amendment") is dated as of this 241h day of April, 2008, by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes (hereinafter "CRA"), with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435; and BOYNTON WATERWAYS INVESTMENTS ASSOCIATES, LLC, a Florida limited liability company (hereinafter referred to as the "Developer" or "Boynton Waterways"), with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310. RECITALS WHEREAS, CRA and Developer entered into that certain Direct Incentive Funding Agreement with an effective date of April 25, 2005 (the "Agreement") concerning direct incentive funding for the project known as the Promenade; and WHEREAS, CRA and Developer originally modified certain terms of the Agreement in a First Amendment to Direct Incentive Agreement effective January 9, 2007, on the terms set forth herein as shown in underline and strike -through format, and WHEREAS, the original Amendment was misplaced; and WHEREAS, CRA and Developer desire to execute this Amendment to replace the misplaced Amendment; NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Amendment and are incorporated herein. Section 2. Commencement of Construction. Section 4.1 of the Agreement is hereby amended to provide as follows: Developer shall apply for a building permit with the City no later than twelve) 180 days months from the date of the expiration of the extension previously granted by the CRA Board (July 20, 2006). Thus, the new date for Developer to apply for a building_ permit with the City and pay for all necessary building permit application fees shall be January 16, 2007. the City C . . I i.e., no latef than twelve (12) months ftom ;�* 20, 2 04. T-Iffe eentrel of the Pe-,�el er- and that the Developer- eentinues to hold a valid and eurren building pemiit ojeet issued by -the-0 y. Developer's rights to receive the benefits of this Agreement are further subject to the following provisions: (sections 4. 1.1 and 4.1.2 remain the same). Section 3. Affordable Access Units, Sections 5.1.1 , 5,1.2., 5.1.3., 5.1 A., and 5.1.5 , of the Agreement are hereby deleted in their entirety, New Section 5.1 shall hereby read as follows: 5.1 Affordable Access - Residential. Pursuant to mutual agreement reached by Developer and CRA at the CRA Board meeting of November 14, 2006, Developer shall not be required to provide Affordable Access - Residential units. Accordingly, Developer's right under the Agreement to receive 49 percent of the Project Increment Revenues received by the CRA shall be reduced to 47.5 percent as set forth within the revised definition of "Pledged Project Increment Revenues." Section 4. Pledged Prosect Increment Revenues. The definition of "Pledged Project Increment Revenues" is hereby amended to provide as follows: "Pledged Project Increment Revenues" means 4-9 47.5% of the Project Increment Revenues received by the CRA. Section 5. Ratification of Aireement. The Agreement is hereby ratified by Purchaser and Seller, and, except as amended herein, shall continue in full force and effect in accordance with its original provisions. This Amendment is pail of the Agreement; provided however that in the event that there are any inconsistencies between the terms and provisions of this Amendment and the remaining portions of the Agreement, the terms and provisions of this Amendment shall govern, control and prevail. Section 6. Entire Agreement. The Agreement as amended by this Amendment embodies the complete agreement between the patties with respect to the subject matter hereof. This Amendment may not be amended, supplemented or modified in whole or in part except by an instrument in writing singed by the patties. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first written above. BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., a Florida limited liability Witness Print Nam W n ss 'i�A (w2E N 17� l Print Name company By: Its Managing Member, Panther Boynton, LLC a Florida limited liability company y`."Its a lager •lin -- c[ Date: - 2 - (ILel-Z Wit v Pri t�lame W1t ss Print Name STATE OF FLORIDA Mia► + - bxj e - COUNTY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jerry - ylor iairp-erson Date: M3 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared n. e.l 'r-/- n as /Kan qA z v of BOYNTON WATERWAYS INVESTMENT ASSOCIATES; LLC., and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC., for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON___W-AYS INVESTMENTS ASSOCIATES, LLC Het e�i person4ily known to me r has produced as identi Ica 1 . IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this4way of AA _,2008' My Commission Expires: Notary Pu c, State of Florida at Large J1 JERRYANN MUG * Notary FV* • ft* d Fb�MM I Cot4lhde m Eow Apr 19, 2010 comrt�a w 9 W 542M • lot Owded B Nefiml N Aun. -3- STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to adryinister oaths and take ae owledgments, personally appeared .7�� `� % �4-yo �' as Ct.q'rr-yt 4 Q of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that lie/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY He a is personally known to me or has produced as entificat>ion. IN WITNESS OF THE FOREGOING, 1 liav�et my hand and official seal at in aa the State and County aforesaid on this -'` day of ";T7 200$ My Commission Expires: Notary Public, State of Florida at Large 1AChent Documents\Boynton Bench CRA12419-006\MiscIREVISED FIRST AMENDMENT TOO DIRECT INCENTIVE FUNDING AGREEMENT.doc 40kr49dThm*j-@m SUSANEdt18Notary POW - Stats of FkddaC"Whsiloo r oo 7ssusWNobryAgft SECOND AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT THIS SECOND AMENDMENT TO DIRECT INCENTIVE rUNDING AGREEMENT (hereinafter "Second Amendment") is entered into as of this ,-- Ji day April, 2008 by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes (hereinafter "CRA") with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435; and BOYNTON WATERWAYS INVESTEMENT ASSOCIATES, LLC, a Florida limited liability company (hereinafter referred to as the "Developer") or "Boynton Waterways", with a business address of 155 South Miami Avenue, Penthouse 2A, Miami, Florida 33310. RECITALS WHEREAS, CRA and Developer entered into that certain Direct Incentive Funding Agreement, with an effective date of April 25, 2005, as modified by that certain First Amendment to Direct Incentive Funding Agreement dated January 9th, 2007 (collectively, the "Agreement") concerning direct incentive funding for the project known as the Promenade; and WHEREAS, CRA and Developer desire to modify certain terms of the Agreement on the terms set forth herein. NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. T'he foregoing recitals are true and correct at the time of the execution of this Second Amendment and are incorporated herein. Section 2. Pledeed Proiect Increment Revenue. Effective May 1, 2008, the Pledged Project Increment Revenue, as defined in the Agreement, due to the Developer in the first year of the ten (10) year term as set forth in Section 6 of the Agreement shall be reduced by an amount equal to the difference between the amount of rent paid by Boynton Waterways pursuant to that certi i lease agreement between CRA (as "Landlord") and Boynton Waterways (as "Tenant") datedW_ I, 2008 (the "Sales Trailer Lease") subtracted from the actual amount of: (i) real estate taxes on the leased property; plus (ii) the insurance premiums paid by the CRA on the leased property from the Effective Date of the Sales Trailer Lease, that is April 1, 2008 until the Sales Trailer Lease is terminated. CRA shall file a reduction in the assessed value of the leased property and/or adjustment to the real estate tax valuation for the leased property for calendar year 2009 and for each year thereafter until the Sales Trailer Lease is terminated. CRA shall purchase only so much insurance as is commercially reasonable under the circumstances, giving due consideration to any insurance purchased by Tenant. No part of any general or umbrella policy of CRA shall be allocated to the leased property. Insurance shall be for areas of coverage that are commercially reasonable under the circumstances. The Landlord acknowledges that Landlord shall not insure the improvement of the sales trailer itself, this being the responsibility of the Tenant to obtain such coverage as Tenant believes is reasonable. Section 3. Ratification of Aureement. The Agreement is hereby ratified by CRA and Developer, and except as amended herein, shall continue in full force and effect in accordance with its original provisions. This Amendment is part of the Agreement; provided however that in the event that there are any inconsistencies between the terms and provisions of this Amendment and the remaining portions of the Agreement, the teens and provisions of this Amendment shall govern, control and prevail. Section 4. Entire Agreement. The Agreement as amended by this Second Amendment embodies the complete agreement between the parties with respect to the subject matter hereof. This Second Amendment may not be amended, supplemented or modified in whole in part except by an instrument in writing signed by the parties. Section 5. No Default. CRA acknowledges and agrees that there are no defaults or breaches of the Agreement on the part of Developer and that as of the date hereof, no circumstances or state of facts exist which for any reason would give CRA the right to pursue any claims or any other recourse or remedy against Developer provided under the Agreement either at law or equity. As of the date hereof, CRA agrees, acknowledges and understands that Developer has performed all of its obligations under the Agreement, including but not limited to compliance with Section 4.1 as to application for building permits. Section 6. Amendment Paramount. In the event that any conflict between the terms of the Second Amendment and the terms of the Agreement exist, the terms of the Second Amendment shall control. Except as amended and modified herein, the remaining terms and provisions of the Agreement shall remain in full force and effect and are affirmed as originally set forth therein. IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the date first written above. Witness: Print name: Witness Print name: Print name: Witness: Print name: 6( f �>4 BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC. a Florida limited liability company By: PANTHER BOYNTON, LLC, a Florid 'mited liability company, as ma gin m ber Da lin, ne er Date: 1 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: % l Chairperson Date: �� STATE, OF FLORIDA iii-- SS: COUNTY OF per >\ RFn["ru BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared b!iK `t G ( s"t r_ h h as Aevoi er- of BOYNTON WATERWAYS INVESTMENT ASSOCIATES, LLC, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON WATERWAYS INVESTMENT ASSOCIATF,S, LLC, for the use and purposes mentioned herein and that the instrument is th act and deed of B WATERWAYS INVESTMENT ASSOCIATES, LLC. Hehl� is personally known to me or has produced as t en 1 nation. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this(&'i\ day of , 2008. My commission expires: JERRYANN MILLS y bn Eon Apr 1 210 ,� •s Conwn"M B DD 541560 ' + • `°. Bonded 8y National Nota Men. STATE OF FLORIDA SS: COUNTY OF PALM BEACH Notary Pfiblic, State of Florida at Large BEFORE ME, an officer duly authorized b law jo administer oaths and take cknowledgements, personally appeared _ as t'�JtcrAx� of BOYNTON BEACH COMMUNI REDE F_,LOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH REDEVELOPMENT AGENCY He/she is personally known to me or has produced as identif catron. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2008. Notary Public, State of Florida at Large My commission expires: .. n. SUSAN E. HARRIS Notary Public - State o1 Florida • My Commission Expires Oct 17, 2011 ? y Commission N DD 725926 1�'•,9;,at•``` Banded Through WgionsiNotary Assn . 5 iQME la *7W -E CAL► CiAA Value of the Project prior to Redevelopment - 2004 Value $ 119,816 (Aggregate Value of all properties within Project Bounda $ 348,685 — Value of the Project after Redevelopment - 2010 Assessed Value _ $ 32,000,000 (Aggregate Value of all properties within Project Award Factor 47.5% Project Increment $ 31,880,184 Preliminary Incentive Award to Developer _ p $ — illage TIF Revenue= 95% of Project Increment X (City Millage +County Millage)— ---- Second Amendment Modification -- Cit Millage Rate* City 0.006763 City TIF Contribution = 95% of Project Increment X City Millage _ $ 204,825 County Millage Rate* _ Rent paid by developer May 2008 thru Nov. 2009 — _— _------ _ 0.00475 County Contribution = 95% of Project Increment X County Millage _ $ 143,859 - ---- -- - --------------------- TIF Revenue created by Project $ 348,685 Incentive Award = Award Factor X TIF Revenue created by Project Award Factor 47.5% Preliminary Incentive Award to Developer _ p $ — _ 165,625 ---- Second Amendment Modification -- Reduction in Payment re Second Amendment to Direct Incentive Funding Agreement dated April 24, 2008 I Rent paid by developer May 2008 thru Nov. 2009 — _— _------ $ ___ 11,400.00 Real Estate Taxes: 2007 - $ _ 27,925.38 2008 $ —^ 32,835.46 2009 ------ - $ 21, 375.88 -- -- - ---- - 2009 Tax Refund due to Tax Challen e 5,544.97 Total Taxes Paid _ $ 76,591.75 $ $ 65,191.75 100,433.50 Difference Amount due Developer Total Remaining with CRA $ 18— 5 *Millage Rates are set annually by the City and County T \DEVE LOP MEN T\Promenade\DIFA\Promenade TIF Calculation for FY 2010-2011 6 r. ..., A X „Su CdlbrfIMF F 11 v .� . R677C2 3 4 5 PA RID Just dalue Assessed Exemptions TAXABLE VALUE N_.: Construction10 1 iCRADistrict CATEGORY f Additions Annesatie P f VA v `, LL 08434521320020201 216997 216997 216997 216997 659 660 08434521320020211 138763 138763 138763 138763 661 08434521320030200 37003-1 370034 370034 370034 662 08434521320040240 380901 380901 380901 380901 663' 08.734521320050230 376527 376527 376527 376527 664 1 08434521320080010 224914 224914 224914 224914 665 08434521320080020 339193 339193 339193 339193 666 08434522000007020 561255 561255 561255 561255 6.671 '08434522000030010 466349 466349 466349 466349 668 08434522000030020 517473 514473 514473 514473 669 08434522000030120 467021 467021 407021 467021 05434522020010030 206353 206353 206383 206853 670 671 08434522030010230 157062 187062 187062 187062 672 08434522030010241 201412 201412 201412 201412 673 '08434522030020230 282358 28285S 282858 2SM S 674 08434522070000491 465089 465089 465059 465089 675 08434522070000492 641525 641525 641525 641525 676 08434522080000120 769987 757484 769987 757484 677 08434522080000130 540000 540000 540000 540000 260820 678, 08434522080000140 258856 258856 258856 258856 679] Promenade 08434522450000000 5 32,000,000 32000000 32000000 ,/ 32000000 26,976,185 0 680f 08434527010000410 5173083 5173083 5173083 5173083 681+ 08434527030000010 1563946 1476661 1563946 1476661 6821 08434527030000101 80980 80930 80986 80986 6831; 08434527030000171 2364919 2364919 2364915 2364919 163320 163320 163320 163320 681108434527040000010 685 08434527040000021 393690 493690 493690 493690 0843452704000D050 677166 677166 07166 677166 6 6 687 08434527040000090 263747 263747 263747 263747 H 4 ► m \Boynton CRA 0884_05_27_10/ILL-Ai < 2 - — !Ib PRIM Ready tJ P f VA v `, LL . -9 x 100 1 2 3 6 i_ �_ 8 9 1 10 ^ i CRADistrict CATEGORY PARID Just Value Assessed Exemptions TAXABLE VALUE New Construction Additions Annexatior 659 08434521320020201 216997 216997 216997 216997 660 r 08434521320020211 138763 138763 138763 138763 661 08434521320030200 370034 370034 370034 370034 662 - 08434521320040240 380901 380901 380901 380901 663 - r 08434521320050230 376527 376527 376527 376527 664 r 08434521320080010 224914 224914 224914 224914 665_ 08434521320080020 339193 339193 339193 339193 666 08434522000007020 561255 561255 561255 561255 667 r 08434522000030010 466349 466349 466349 466349 668 08434522000030020 51.473 514473 514473 514473 669 08434522000030120 467021 467021 467021 467021 670 r 08434522020010030 206883 206883 206883 206883 671 08434522030010230 187062 187062 187062 187062 672 08434522030010241 201412 201412 201412 201412 673 08434522030020230 282858 282858 282858 282858 674 08434522070000491 465089 465089 465089 465089 675 08434522070000492 641525 641525 641525 641525 676 08434522080000120 769987 757484 769987 757484 677 08434522080000130 540000 540000 540000 540000 260820 0 678 08434522080000140 258856 258856 258856 258856 679 Promenade 08434522450000000 S 32,000,000 32000000 32000000 �% 32000000 S 26,976,185 0 680 08434527010000410 5173083 5173083 5173083 5173083 681 08434527030000010 1563946 1476661 1563946 1476661 682 08434527030000101 80980 80980 80980 80980 683 08434527030000171 2364919 2364919 2364919 2364919 684 — 08434527040000010 163320 163320 163320 163320 685 r 08434527040000021 493690 493690 493690 493690 686 — 08434527040000050 677166 677166 677166 677166 687 r 08434527040000090 263747 263747 263747 263747 H , ► m \Boynton CRA 0884 05 27 10 / " Atka es- \ 1 QC) "�.+� 's_-��1 3o-, ,;lo-, w..A '-_A Alk a Ready NLH PCw_ Friday, Oct 22, 2010 11:41 AM f E v