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Agenda 02-11-14 k illl }�1 ii)�l "i<<y BO YINN H RA CRA Board Meeting Tuesday, February 11, 2014 at 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 AGENDA L Call to Order II. Invocation and Pledge to the Flag III. Roll Call IV. Legal: None V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items B. Informational Announcements VII. Announcements & Awards: A. Commercial Broker Reception — 3/13/14 B. Movies in the Park: February 7 — Date Night — Recap March 7 — To Be Announced C. Happy Hour Thursday — Music on the Rocks /Shaken Not Stirred January 16 — U2 by UV — Recap February 20 — Sweet Justice /Reggae (in celebration of Bob Marley's birthday) D. Boynton Beach Boutique Market VIII. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, January 14, 2014 B. Approval of Period Ended January 31, 2014 Financial Report C. Monthly Purchase Orders IX. Pulled Consent Agenda Items: X. Information Only: A. Public Comment Log XI. Public Comments: (Note: comments are limited to 3 minutes in duration) XII. Public Hearing: None XIII. Old Business: A. Consideration and Selection of Responses to the Invitation to Bid for the Parking Lot Project - NE 1 st Avenue & NE 1 st Street & Sidewalk Connector B. Consideration of Entering into a Constriction Agreement with Collage Design and Constriction Group, Inc. d /b /a The Collage Companies for the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project C. Consideration of Installing an Irrigation System on the Vacant Lot Located at 222 North Federal Highway XIV. New Business: A. FY 2012/2013 CRA Annual Audit Results B. Consideration of Resolution No. 14 -01 to Establish a Self- Funded Insurance Reserve C. Consideration of Resolution No. 14 -02 Budget Amendment No. 2 — FY 2013 -2014 D. Consideration of Resolution No. 14 -03 Release of Demolition Lien on Former Boynton Terrace Properties (Ocean Breeze West) E. Consideration of Purchase and Development Agreement between Boos Development Group, Inc. and the CRA for Properties at 1000 and 1010 N. Seacrest Blvd. XV. Executive Director's Report: A. New Businesses in CRA District B. Development Projects Update XVI. Future Agenda Items: A. Consideration of a Direct Incentive Funding Agreement with LeCesse Development Group XVII. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT T(_) ANY MATTER CONSIDERED AT THIS MEETING, HE /SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE /SHE 1\ AY 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 AL�ILIARY .AIDS .AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTITNITY 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 RE.AS(_)N.ABLY ACCOMMODATE YOUR REQUEST. a, BOYNTON mumBEACKCRA CRA BOARD MEETING OF.- February 11, 2014 � Consent Agenda ( Ict Business � i New usines I � Legal I Other Commercial Brokers Happy Hour Reception SUMMARY: On March 13 from b — 8 pm, the CRA and the City of Boynton Beach will be hosting a commercial broker's reception in one of the open commercial spaces in Las Ventanas. • The purpose of the event is to showcase the available development and incentives within Boynton Beach. • Attendance is estimated at 50, consisting of local commercial brokers and associates • The CRA will offer food and drink to all guests, provided by local businesses. • A happy hour atmosphere will be set with high -top tables, centerpieces, music and ambient lighting. • A presentation will be shared with the guests giving an overview of the available commercial properties and development sites within Boynton Beach, drawing more commercial businesses to our area. • This event is building on the Commercial Familiarization Tour that was conducted last year. FISCAL IMPACT: $1,500 - Budgeted in Line Item 01 -51440 -225 PROJECT CRA PLAN, PROGRAM OR Downtown Master Plan and CRA Economic Development Plan RECOMMENDATIONS/OPTIONS Information Only. Amy Zimme ann Special Eve s C:IDocuments and 5ettingsWrnmermannaWy Documents\Committee Meetings\Commercial Broker Happy Hour Agenda Item.doc BOYNTON'' CRA BOARD MEETING . February 11, 2014 Consent Agenda ( Old Business (( New Business Legal I X ( Other Movies in the P SUMMARY f : • On Friday, February 7, 2014, the Boynton Beach CRA will presented the Movies in the Park • Featured movie — Date Night (PG 13) starring Steve Carell and Tina Fey • This FREE event took place in Dewey Park from 7 — 9 pm • FREE snacks and bottled water were offered to each guest • Beer and wine was for sale courtesy of the Little House • Ample FREE parking onsite • Guests were encouraged to bring their beach chairs and blankets • High visibility in new Dewey Park location • Great proximity to local businesses in new Dewey Park location • Gift cards donated by local businesses were raffled off to attending guests • Will continue to market the new Dewey Park location and encourage local business to participate • Next Movie in the Park is scheduled for Friday — March 7, 2014 at 7pm — Featured movie TBA • Additional Movie in the Park dates: April 4th and May 2nd FISCAL IMPACT: Budgeted in line item 02 -58500 -480 PLAN, CRA J C : DOWNTOWN MASTER PLAN RECOMMENDATIONS/OPTIONS: Special Events C:IDocuments and 5ettingslzimmermannaWy DocumentslCommittee MeetingsWoviesNovie Agenda Item 0214.doc r �til BOYNTO =m BEACHi , r , ,CRA 41, t r€ 9 , Aitsj R- x . s . d ( Cllr t€r} 0 11 I 9 V W r€ s f {€ urr € r r y i. t � €`I, IE i� }€ r t� t CatchBoynton.com 561.742.6246 Z RA r n i i 1. C:IDocuments and Settingslzimmermanna\My Documents\Committee Meet! ngslMovies\Movie Agenda Item 4214.doc 4 q r 'rt tl.t iTo BOYN N fil t t= { O ;, t ( s 5(t 1 � 7 -I N , m i r� r i t�f 1 t, F I r i f , st} hs N C:IDocuments and Settingslzimmermanna\My DocumenWCommittee Meetings\Movies\Movie Agenda Item 0214.doc f r BOYNTON" awaBEACKCRA CRA BOARD N ' February 11, 2014 Consent Agenda I I Old Business I C New business I � Legal I X ( Other SUBJE Happy Hour Thur sday — Music on the Rocks / Shaken Not Stirred _ R ec ap SUMMARY f • On Thursday, January 16, 2014, the Boynton Beach CRA presented the Happy Hour Thursday - Music on the Rocks Concert Series featuring U2 by UV performing U2 cover songs • This FREE event took place at the Ocean Avenue Amphitheatre from 6 to 8:30 pm. • Food and drink was offered for sale courtesy of 3 local food trucks and Potions in Motion • The CRA rented high top tables with cloths and added illuminated floral centerpieces to create a Happy Hour environment • The weather impacted the turnout as it was in the 50's by start of show and in the 40's towards the end • At the peak, there were 100 in attendance • Next Happy Hour Thursday concert scheduled for February 20 2014 - Musical group is reggae band, Sweet Justice, in honor of Bob Marley's birthday • Caribbean food and rum drink specials will be offered for sale at the next concert to go with the music style of the band • Additional Happy Hour Thursday concert dates: March 7 Wonderama April 4th - Funkabilly Playboys May 2 nd - Riverdown • Ample FREE parking onsite • No pets please FISCAL IMPACT: Budgeted in line item 02 -58500 -480 CRA P PROGRAM OR PROJECT: DOWNTOWN MASTER PLAN RECOMMENDATION r Amy Special Events C:IDocuments and 5ettingslzimmermannaWy DocumentslCommittee Meetings%Concerts\Concert Agenda Item 0214.doc t " BOYNTON''ll Muslcl ON THE ROCHS r �� it "t' { � i } °4s n •�� �, t� — i ` y t +t U ,Ilj r � e � rtt ��j j ._ "1 t t f 1 i t C:1Documents and Settingslzimmermanna\My DocumentslCommittee MeetingslConcerts\Concert Agenda Item 0214.doc r,4 YNTON"' tis mwwBEAC ���� ? rr14'�if� � ,• � s ,. K it , - r � u 'sIt .�� music o THE 1- 4+1 s RO �t o ti o ns �m tilt � �k o fi on C:IDocuments and Settingslzimmermanna\My Documents\Committee Meetings\Concerts\Concert Agenda Item 0294.doc ty Z BOYNTON awwBEACH 4 1 . ..... . . .. . ... ...... V Join us �Dr a i l ?t ' L, LL�° on the S' Thumday of each monthl music ON t .. THE ROCHS not i venues t t r u It tat rred 129 E. Ocean flve. - bypton Beach February 20 5%"t J025tke 1 k tarch 2Cth �I ,,p 1 / April 11701 Uartv t r ;. 'f a runky Twi 44av V0 ,�. VUP f UNer Eldnd Brought to you by the W&U www.catchboynton.com C:1Documents and Settingslzimmermanna\My Documents\Committee Meetings\ConcertMConcert Agenda Item 0214.doc 4 \I n s l Y: BOYNTON �r FACEBOOK COMMENTS e s , U2 by UV was awesome tonight..... thanks!!!!!!! Bo ynton B each CRA Thanks for making it to the event, Ariel! January_ 17 at Like b y UV v The U2 Tribute Show shared a link January 13 Attention fans coming out for Thursday night at 6pm in Boynton beach. Wear long sleeves or a light jacket because it's supposed to be cool out. But 60 degrees is no reason to stay at home, now is UP We're really excited to see all of you. Free show too! U2byUV.com Boynton Beach CRA, Victor Russo„ Jimmy Bolek Paul Felix Garcia and 14 others like this. ff; Dawn rt Martin good to see you all again! Thanks for a great show!!! Like ' January 17 at 5:25pm C:1Documents and SettingslzimmermannaWy Documents\Committee Meetings\ConcertslConcert Agenda Item 0214.doc t BOYNIO } 'r BEACH, U2 by UV - The U2 Tribute Show shared Boynton Beach 'sp oto January 9 And we are very excited! Come out U2 fans next Thursday at 6pm in Boynton Beach! We are proud to be hosting U2 by UV here in Boynton Beach on Thursday, January 16th!! Join us for a free concert at our Happy Hour Thursday - Music on the Rocks event... For more information, visit our website: www.boyntonbaccra.com or call 561.600.9097 � Ali WIR DtitftDAY - im. - Umv %aH 4 rat - M PM QUI NT01V % AyLkAft h 1117 129 1. OMN A%_ HUMON RAW1. It 39436 Dawn McOwer] Martin, Victor Russo: Live Audio Engineer / Musician, Nathal!e Bonmati and 41 others like this. Danielle Pritts Robbins You should have played 2 weeks ago in FLI11 Like Repl ° 1 ° January 9 at 5:25pm ftm Earl Bulinski SWEEEEEEEEEEET !!!! L ike Re ply ° January 10 at 4:37pm Jason Spillriijaii : Kick some a$$ boys! Like Red i"nuary 9 at 3:01pm Taruna Tornbling Would love to join you for concert. Have a brilliant time xx Like Reply January 9 at 2:40pm C:IDocuments and SettingslzimmermannalMy DocumentslCommittee MeetingslConcertslConcert Agenda Item 0214.doc f 4 BEACH BOYNTO IN' � � i � P I��'� S � t u CRA BOARD MEETING OF*6 February 11, 2014 Consent Agenda I I told Business I I New Business Legal I X I Other SUBJECT: Boynton Beach Boutique Market SUMMARY: • This unique "Green Market" offers more than just fresh local organic produce and gourmet fares, it offers unique handmade finds by local artists. • This event takes place in Dewey Park every Sunday from 10 am 2 pm until April 27, 2014. • High visibility in Dewey Park • Live music by local artists each week • Great response from local Boynton Beach vendors • As the market grows, increase in a variety of vendors • Current marketing campaign has generated a high interest with the local community • Great proximity to local businesses • Make BB Boutique Market your Sunday destination! The CRA will: • Continue to market the Boynton Beach Boutique Market in the Dewey Park location and encourage local business to participate. • Market the BB Boutique Market to the surrounding areas that will bring people to Boynton Beach and area businesses. • The CRA looks to improve the social, econornic and cultural conditions of Boynton's community through quality event programming which includes the Boynton Beach Boutique Market. FISCAL IMPACT: Budgeted in line item 02- 58500 -480 PROJECT CRA PLAN, PROGRAM OR DOWNTOWN MASTER PLAN RECOMMENDATIONS /-7\ y l mer ann Specia vents T :\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingsWan 2014166 Boutique Market Agenda Item.doc 1 , w ?, V ��y 1 1 ti i I N " { 1 �s r T: v; ENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingsWan 20141BB Boutique Market Agenda Item.doc MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING HELD ON TUESDAY, JANUARY a P.M. IN CITY COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA .ferry Taylor, Chair Vivian Executive it t Woodrow Hay, Vice Chair Ken Spillias, Board Buck Buchanan Joe Casello Mike Fitzpatrick Mark Karageorge David Merker I. Call to r r Chair Taylor called the meeting to order at 6:30 p.m. t. Invocation The invocation was given by Vice Chair Hay. The Pledge of Allegiance to the Flag was led by Mr. Buchanan. III. Roll Call Roll was called and a quorum was present. IV. I: None. V. Agenda Approval: A. Additions, Deletions, Corrections to the Agenda None. B. Adoption of Agenda Motion Vice Chair Hay moved to approve the agenda. Mr. Karageorge seconded the motion that unanimously passed. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2014 VI. Informational Items and Disclosures by Board Members and CRA Staff. A. Disclosure of Conflicts, Contacts and Relationships for Items Presented to the CRA Board on Agenda Items Mr. Fitzpatrick announced he and the project Manager from West Construction, one of the respondents for the bid on the Marina project, are in the same class at FAU. B. Informational Announcements Mr. Buchanan attended the MLK Dinner on Sunday night and commented the keynote speaker was outstanding. Mr. Merker also enjoyed the MLK Dinner and liked that people were communicating and supporting one another. Vice Chair Hay hoped all had a good holiday season. He attended the MLK dinner and echoed the prior comments. Each Wednesday the City has "Let's Move Boynton" where participants walk 1.8 miles from City Hall to the Senior Center and back. He encouraged all to attend. Participants log their time exercising and last year, Boynton Beach surpassed West Palm Beach. He hoped bragging rights would be extended another year. Mr. Fitzpatrick announced he and Mr. Casello, Vice Chair Hay and Chair Taylor attended a program chaired by the Delray mayor about Cityscapes and how to design a successful downtown_ The next day he called Jim Knight and expressed he will see him again on the next project. Mr. Karageorge congratulated the Mayor and his wife on their 57 wedding anniversary. He noted in March, the Board will lose Vice Chair Hay due to term limits and on the County and State level, Vice Chair Hay is highly regarded. He helped the City through a tumultuous time. He worked with the County and Business Development Board and because of him, Boynton Beach was one of three areas chosen for a site selection Fam Tour. He attended Movie Night and thanked staff for the event and attended the MLK Dinner and congratulated the MLK Committee on their efforts. He noted the MLK March was on January 20 from the railroad on MLK to Seacrest, and there will be a neighborhood clean up after the walk, followed by a breakfast at the RM Lee Center. He commented Stage Left had a sellout weekend and is now a cultural destination. He will also be meeting with the Business Development Board Executive Director at Intracoastal Park. He announced economic development is coming to Boynton Beach. Mayor Taylor announced he and his wife attended the Stage Left Production and it was very enjoyable. He encouraged all to attend. There were no staff comments. MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2014 V111. Announcements & Awards: A. Holiday Extravaganza — Recap Amy Zimmermann, Marketing, Events and Economic Development Assistant, recapped on December 7" the Holiday Parade ran from 5 to 6:30 p.m. and 74 groups participated which was 20 more than last year. The Tree and Menorah Lighting took place afterward. A Holiday Illumination Show was projected onto the wall of the Children's Museum and featured artwork from local area schools. Orange Sunshine performed at the free concert and food and beverages were available for purchase through local vendors. Children's activities were available and free shuffle services were provided. Santa and his elves invited all to Gumdrop Garden on the amphitheater stage for a photo opportunity with Santa. Staff received great feedback from attendees and the vendors who participated. Photographs of the events were posted on Facebook. Ms. Brooks congratulated Ms. Zimmermann for her work as this was her first project. B. Holiday Boat Parade — Recap The Parade was the 42n Annual Boat Parade. As the event is growing each year, staff opted to use bleachers and there was standing room only. The festivities occurred at the Marina and Santa was present with food and drink vendors. Two Georges had two bands that night providing live entertainment. Representatives from the Marine Corps were present and on Sea Tow Boats to pick up Toys for Tots. Parking was in the garage and through valet service provided by Two Georges. There was more participation in the Toys for Tots program this year and the Sea Tow operators commented they gathered the most toys ever. January 2, - Awards Happy Hour/Two Georges Ms. Zimmermann created tee shirts and plaques for the winners and over 60 participants from the Holiday Festivities showed up. She projected an image of the Boat Parade on the screen at Two Georges and on Facebook and YouTube. She received positive feedback from attendees, vendors and the Coast Guard said the event was the most well run Boat Parade yet. Mr. Fitzpatrick inquired if next year, the event would be moved to a Saturday. Ms. Zimmermann responded they were considering it because some boat owners work until 5 p.m. on Fridays and do not have enough time to got their boats ready. She had attended Captains meetings about different boat parades in the area and received the same feedback. Doing so will allow for greater participation. C. Movies in the Park: January 3 — Despicable Me 2 Recap February 7 — To Be Announced 3 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, L JANUARY 14 Ms. Zimmermann commented the January Despicable Me 2 Movie was a success in spite of the weather. The feedback received was the new venue was intimate and quaint and closer to the businesses. Patrons were offered free popcorn and bottled water as well as a raffle to local restaurants who donated such as Maul Wowie, Boynton Diner and the Backyard. Maui Wowie also had smoothies and hot beverages for sale and she noted the owner was a local grant recipient. The Little House sold beer and wine and there was free on -site parking. Attendees were encouraged to bring blankets and chairs. Ms. Zimmermann announced the February 7 th movie may also be a new release and Movies in the Park were scheduled for March 7th, April 0 and May 2 " D. Happy Hour Thursday— Music on the Rocks /Shaken Not Stirred January 16 -- U2 by UV The first concert is a U2 Tribute Band with a good local following. The concert is from 6 P.M. to 8 p.m. at the Ocean Avenue Amphitheater. Three food trucks have committed to attending, and there will be a cash bar and vendors. It is a free event_ High -top tents and tables will be available on the grassed area to create a Happy Hour environment. They will continue to market the event, which was switched from Fridays to Thursday to avoid conflicts with other Friday events. Heaters were reserved should the weather be cold. On February 20 there will be a reggae band in honor of Bob Marley's birthday. They have performed on Clematis Street and in Lake Worth. Additional concert dates will be March 20 April 17 and May 15" There is free on -site parking and no pets are permitted. E. Boynton Beach Boutique Market — January 19 Tracey Smith - Coffey, Business Development Specialist, announced in addition to the concert, the Boynton Beach Boutique Market will have its Grand Opening. The market will be open every Sunday until April 27 from 10 a.m. to 2 p.m. offering fresh produce, gourmet fares, local artists and live music. In addition to the benches at the park, three chess /checker tables and chairs will be added for the enjoyment of attendees. The event is a work -in- progress and it is possible the CRA may provide more tables and chairs. Port-o -lets will be on site and each Green Market will have a featured business to promote local establishments. fl. Consent Agenda: A. Approval of Minutes — CRA Board Meeting, November 12, 2013 B. Approval of Period Ended November 30, 2013 Financial Report 4 MEETING MINUTES COMMUNITY BEACH, BOYNTON 3 C. Monthly Purchase Orders D. Monthly Legal Updates Motion Vice Chair Hay moved to approve the Consent Agenda. Mr. Karageorge seconded the motion that unanimously passed. IX. Pulled Consent Agenda Items: None. X. Information A. Public Comment Log B. City of Boynton Beach MLK Memorial March Public (Note: comments are limited to three minutes in duration) None. Xll. Public Hearing None. XIII. Old Business: A. Consideration of Response to Notice of Intent to Dispose of Real Property from Boos Development Group Ms. Brooks explained the CRA received only one response to the above for the property located at 1000 and 1010 N. Seacrest Boulevard from Boos Development. They propose to construct a Family Dollar store on CRA property and two adjacent lots. Henry Dirksen, Boos Development, 1589 NW 151st Street, Miami Lakes, gave an overview of their plans for the property and sought input in developing the SE corner of Seacrest Boulevard and MLK Boulevard. He reviewed the firm's history, locations, and clients. The firm specializes in single- tenant retail companies. Mr. Dirksen reviewed an aerial of the parcels, two being owned by the CRA and two by private parties. The Board reviewed the site plan, elevation, cost of the land parcels and cost of comparable parcels by square foot. The appraised value of the parcels 5 MEETING COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 114,20114 contributed by the CRA was $126K. The appraisal range calculated to $5.51 per square foot to $7.73 per square foot. He reviewed other figures if purchasing the land privately, all of which is contained in the meeting backup. Other Family Dollar projects and their costs in South Florida were reviewed with the Family Dollar store in Boynton Beach being in the top end. Family Dollar was looking for assistance from the CRA in terms of donating the land, demolishing the existing church on the property prior to closing, and assistance with burying the power lines on site. Family Dollar was also requesting to receive further assistance via a 3.3% Construction Incentive grant, an Interior Build -Out grant of $22,540, the Commercial Fagade grant of $15K, and a Rent Reimbursement grant of $7,200. Chair Taylor commented he reviewed the project in detail and expressed the project was a long time in coming. The CRA removed drug- infested activities from the area and there was a grocery store element to the project. He was excited to see it come to fruition. He explained CRAs give land away. They use their tax increment financing to improve depressed areas and they are doing what CRAB are supposed to do. Mr. Merker asked about the square footage of the project and the parking. Paul Trembly, Boos Development Group, explained 20 to 25 parking spaces are sufficient for Family Dollar stores and the site exceeds those amounts. Mr. Merker agreed the project was good for the residents. He was in favor of developing the site. Vice Chair Hay was also excited about the project and had worked diligently on it. He agreed with the purpose of CRAB and the project was an opportunity to apply that mission. The City did not qualify for federal funds because the area did not have a qualifying grocery store. The store will jump start development in the area and this is the first year out of a recession. They are developing downtown, Ocean Avenue and this corner and he did not recall there was any hesitation to offer millions of dollars in incentives. He thought if the project is turned down, it would send the wrong message. The project was the beginning of many great things, and he looked forward to driving into Boynton Beach and not being able to identify any blighted areas. Mr. Karageorge agreed with the prior statements and was aware of at least 140 people who wanted the project. He commented he had taken the tour in Tampa which has nine CRAB, and three of them, in a two -year period, used Family Dollar stores to kick start blighted areas. In blighted areas, the first projects are incentivized the most, diminishing with each following project. He inquired if the store is a corporately owned store, why they were asking for rent subsidy. Mr. Trembly responded Family Dollar will package the project and sell it to a private owner. If that occurred, they would request the rent reimbursement. It would become a corporate - lease, similar to a Publix ground lease. Mr. Fitzpatrick explained the first project failed because of unrealistic land prices and this was similar. Because there was no other option, private land owners held out for 6 MEETING COMMUNITY BOYNTON BEACH JANUARY 14, higher prices. He thought the trend had to be broken and alternative sites should be identified so projects could compete. If landowners want unreasonable amounts of money, developers had another alternative. Mr. Buchanan had concerns about the aesthetics and asked staff to work with Boos Development to achieve a softer elevation more compatible for that area. It was known this would be reviewed with the site plan. Mr. Casello favored the project and supported the incentives but did not understand why the CRA would pay to have the electric lines buried. Mr. Casello did not favor that incentive. Ms. Brooks explained the item would be negotiated in the development agreement, and she did not know what the cost to bury the lines would be. The agreement would come back to the Board. Mr. Karageorge commented land assembly in the Heart of Boynton was difficult. Prices have come down dramatically from two years ago. There would always be negotiation involved with crafting a development agreement. Vice Chair Hay inquired what would happen to the artwork on the corner of MI.K and Seacrest. It was explained the art is outside the property lines and would remain. Mr. Merker reiterated the project would have a domino effect. Hopefully in the near future, other sites would be available and the community wants the store. Chair Taylor requested a motion to direct staff to begin negotiation on the Boos Development Purchase Agreement and bring it back to the CRA Board at a later date. Motion Vice Chair Hay so moved. Mr. Karageorge seconded the motion that unanimously passed. Mr. Merker left the dais at 7.39 p.m. A. Consideration and Selection of Responses to the Boynton Harbor Marina Invitation to Bid for the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project Mr. Simon explained on October 8, 2013, the Board approved the issuance of the invitation to bid and its terms and conditions. The deadline was December lo at 3 p.m. and five proposals were received and reviewed by the Selection Committee. Mr. Merker retumed to the dais at 7.32 p.m. 7 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14,2014 Based on the terms and conditions, although West Construction had the lowest costs, Collage Construction was the lowest responsible and responsive bidder under the terms detailed in the bid as approved by the Board in October. Based on the findings, staff recommends the Board select Collage Construction Company to begin contract negotiations and return to the Board, hopefully in February. All of the responses, back- up and analysis was included in the meeting materials. Attorney Spillias commented earlier today, the Agency received correspondence from Counsel for West Construction Company who is present to address the Board. He explained an invitation to bid has specific provisions that a bidder is not considered a responsible bidder if it did not meet certain criteria. A review of the bid showed in the West response that they were a party to litigation or arbitration arising from a project for a public entity within the past 48 months, which is an item that would render them as not a responsible bidder. He emphasized that did not mean the company was not a responsible company, only it was not under the Board's requirements. Additionally, they paid liquidated damages to a public entity for a public project that was delayed more than 10 days within the past 48 months, and in West's response, it occurred twice Within 48 months. There were a few areas where the bid did not appear to be responsive and a few questions about prior experience on past projects were unanswered. Attorney Bruce Loren, representing West Construction, objected to the contract being awarded to Collage and opined it should be awarded to West Construction. Their position was based on the CRA's consultant, Chris Brown, scoring West Construction as the lowest and best ranked bidder because the West bid was $77,000 less than Collage Construction. West is a local contractor who has worked with the City on at least four different City projects. Attorney Loren believed the criteria used to disqualify West Construction was arbitrary and had no logical connection whether West Construction was a responsible bidder. Lawsuits occur all the time, and their pursuit of monies owed to them on any project should not be a bar to them being deemed a responsible bidder. There has never been any finding by any court or arbitration panel that West had to pay liquidated damages. They did so voluntarily as part of an amicable settlement discussion, and there was no court or arbitration finding they did anything wrong in any litigation. The bid documents as written penalized West Construction for exercising their right to collect monies that were wrongfully withheld. He contended if there was any finding they did something wrong or had to pay liquidated damages, that would be logical. He asserted the fact a lawsuit is filed or that liquidated damages are paid is not proper grounds for an automatic rejection. He suggested a better approach would have been to allow explanations of the situations and the scoring system award points based on how appropriate or inappropriate the circumstances were. He objected to the automatic disqualification of West based on 8 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2014 those two criteria and requested the contract not be awarded to Collage Construction, but rather the lowest bidder and highest scorer which was West Construction. Mr. Marker acknowledged the lowest bidder is not always the best and money is a big consideration. He thought if what was stated was accurate, the CRA should be wise and agree not to award the contract to West. He inquired of Attorney Spillias if the statements made were correct. Attorney Spillias explained the CRA has the right when issuing bids, to identify the criteria used to determine the most responsible and responsive bidder. The process is not absolute that the lowest bidder is entitled to the work. The review conducted revealed more than one deviation from the established criteria. Had there been only one lawsuit West instituted or was a defendant in, it perhaps could be overlooked, but there were two instances of liquidated damages paid to public entities. The CRA's interest is in learning how the company performed with other public entities during a previous time period. There is a provision in the contract that offers flexibility, which he read. The provision gives the Board the flexibility if there are minor deficiencies or situations where despite a total lack of compliance, it is still in the CRA's best interests to use the company. The problem is the Board has two bidders, Of the five responses, three were higher bidders that had deficiencies and it came down to West and Collage. West is the lower bidder that has not complied with all the requirements. Collage is the higher bidder that complied with all the requirements. Attorney Spillias pointed out if there were potential litigation. West would challenge the decision and Collage would argue they met all the criteria, had no deficiencies and were responsive under all the criteria. They could challenge the bid as being improperly awarded. Mr. Merker thought the City had the right to determine which company was right for the work. Attomey Spillias explained the Board only had the proposal which detailed the issues and the Board set the criteria for the bid. While there is some flexibility to make a decision, it is not unbridled. If the criteria set by the Board is deemed by a court to be arbitrary, the Board's determination can be overturned. The Board has the right to reject all bids, waive formalities or minor technical inconsistencies. Mr. Casello left the dais at 7.•49 p.m. Attorney Spillias thought there was a larger risk in awarding a bid to a firm that has not met the criteria than to a firm who has, and he further clarified his statements for the benefit of Mr. Marker. Mr. Casello returned to the dais at 7.52 p.m. 9 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14,2014 Vice Chair Hay inquired when the criteria was added and Ms. Brooks explained it was added by Attorney Cherof in the last two invitations to bid. It was to protect the Board from litigation. Chair Taylor said Collage met all the criteria and the other four did not for various reasons. The decision was not arbitrary and he agreed with the Selection Committee, Mr. Karageorge was concerned due to West paying liquidated damages twice. He was aware most construction companies have been involved in litigation at one time or another and he agreed with Chair Taylor. Attorney Spillias explained liquidated damages and how they work. Mr. Fitzpatrick inquired if the criteria added by Attorney Cherof was in other City contracts. Mr. Simon responded it was not included in the Boynton Harbor City Marina Signage because the amount of the project did not warrant that stringent a requirement from the contractor. It was due to the cost of the project that he felt the extra criteria was warranted. Mr. Simon acknowledged West Construction has built several successful projects for the City and came highly recommended from Recreation and Parks and Andrew Mack of the Building Department. Mr. Fitzpatrick explained they established a contract and it should not be changed at the last minute, even if there were mitigating circumstances at the end. Mr. Casello agreed and understood with any reputable company, there would be litigation at some point. Mot Vice Chair Hay moved to approve Collage Design and Construction Group Inc. as the general contractor firm for the Boynton Beach Harbor Master Building and Fuel Dock site improvement project and direct staff to enter into contract negotiations with the contract to be presented to the CRA Board for review and approval at the February 11, 2014 meeting. Mr. Karageorge seconded the motion. Mr. Merker was uncomfortable with the item and wanted to speak with both attorneys before voting as in his interpretation, he heard discrepancies. He wanted item. The motion passed 6 -1, (Mr. Merker dissenting.) Business: XIV. New A. Consideration of an Interlocal Agreement between the Treasure Coast Regional Planning Council, the CRA and the City of Boynton Beach in the Amount of $58,000 for Urban Design and Planning Services for the Town Square Area 10 MEETING COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY a Ms. Brooks explained this item was the result of a strategic planning session with the CRA Board and City Commission, the final decision to move the Police Headquarters to High Ridge Road, and what to do with City Hall and the Town Square area, which is 18 acres. Professional help from an urban designer was needed as City or CRA staff did not have that expertise. The Treasure Coast Regional Planning Council is a governmental entity so, if used, the CRA would not have to bid the project. They would help the Board examine the area and determine what the needs are, where parking and City Hall would be located and they could hold a half day charette. The Strategic Plan has an aggressive timeline. The end product would become part of the update to the Downtown Vision and Master Plan and the decision would be the Town Square Redesign. Mr. Buchanan believed the item was needed. Motion Mr. Buchanan moved to approve the Interlocal Agreement between the City of Boynton Beach, the Boynton Beach Community Redevelopment Agency and the Treasure Coast Regional Planning Council to perform Planning and Urban Design Services for the Town Square Area in the amount of $58,000. Mr. Karageorge seconded the motion. Mr. Casello inquired if the item could be handled by a private firm. Ms. Brooks explained it could, but the CRA would have had to go out to bid through rgw Consultant's Competitive Negotiation Act (CCNA), which was an arduous process that would take at least three months. CCNA is under State Statute. He inquired if the cost was negotiable. Ms. Brooks explained the cost was already negotiated down to $58,000. Mr. Casello further commented there are several plans in existence and if the product would be the plan adhered to and implemented in a timely fashion. He did not want to spend money on a plan that would be shelved. Chair Taylor agreed. Ms. Brooks explained that was up to the Board. Mr. Karageorge noted the Planning Council will be using the Master Plan that EDAW and ERA created which addressed economic usage and many other aspects. The Planning Council would add to it and provide greater details. He agreed it was needed but thought the cost could be less based on the amount of work and time already expended. Mr. Buchanan commented there were decisions made at the Strategic Planning Session which changed some of the Plan, so an update encompassing those decisions was needed. The motion unanimously passed. B. Consideration of Employment Severance Agreement between the CRA and Kathy Bisculti 11 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14,2014 NERNMEMMM Motion Mr. Casello moved to approve. Vice Chair Hay seconded the motion that unanimously passed. C. Consideration of Temporary Construction Access Easement between the Motion CRA and DSS Properties, L.C. (Two Georges Restaurant) Mr. Karageorge moved to approve. Mr. Buchanan seconded the motion that unanimously passed. D. Consideration of Temporary Construction Access Easement between the CRA and Marina Village at Boynton Beach Master Association, Inc. Motion Vice Chair Hay moved to approve. Mr. Casello seconded the motion that unanimously passed. XV. Executive Director's Report: A. New Businesses in CRA District There were two new businesses in the District: Atlantis Dental Care, J G Barbershop. B. Development Projects Update — to be delivered at a later date Chair Taylor spoke to David Camalier to see if he would be amenable to putting a joint RFP together and he requested Ms. Brooks meet with him and Ms. Miskel so the land does not remain vacant. Mr. Karageorge and Vice Chair Hay inquired about a senior living facility in Boynton Beach. Ms. Brooks explained they were looking for a site and the site was not restricted to Federal Highway. She explained it was not easy to find three acres that does not require land assembly. Ms. Brooks noted plans were submitted for the 500 Ocean and old Arches sites, She and Mr. Simon reviewed them and had a list of comments they would provide to the City. Chair Taylor commented the City had severe weather resulting in 17 to 22 inches of rain. He thanked the Utilities and Public Works Departments for outstanding service. Employees put in many hours and without their help, the situation could have been much worse. He thanked them and expressed his appreciation. 12 MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYNTON BEACH, FL JANUARY 14, 2014 ® Future Agenda Items: A. Consideration of a Direct Incentive Funding Agreement with LeCesse Development Group B. Consideration and Selection of Responses to the Boynton Beach Community Redevelopment Agency Parking Lot Project — NE I 'I Avenue & NE 1' Street & Sidewalk Connector XVII. Adjournment There being no further business to discuss, Chair Taylor adjourned the meeting at 8:10 p.m. Cherry Catherine Cherry Minutes Specialist 012114 13 s � A {ju }�i B-0,YNTON" fi gg1��711 1 " ""'C RA CRA BOARD MEETING OF : February 11, 2014 XI ConsentAgenda j I O ld Business j New siness Public Hearing tea SUBJECT: Monthly Financial Report SUMMARY Monthly budget report to the CRA Board representing the revenues and expenses for the month ending January 31, 2014. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: NIA RECOMMENDATIONS: Approve January financials. 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EACH 1Z CRA BOARD MEETING OF: Februar 11, 2014 X I Consent Agenda Old Business New Business Public Hearing her SUBJECT: Purchase Orders SUMMARY: Attached is the purchase order report for January 2014. FISCAL IMPACT: See attached CRA PLAN, PROGRAM OR PROJECT: None RECOMMENDATIONS Approve the purchase order report. Susan Harris Finance Director Boynton Beach CA Purchase Order Report Month: January 2014 Vendor Amount Funding Source Description Boynton Beach Gateway Kimley -Horn & Associates $26,400 02 -58200 -402 Enhancement Desi T:!AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\Feb 20141Monthly Purchase Order Report 2014 CRA COMMENT LOG Date Name Comment con erful vendor s at the Boutique Market - she will 1/2612014 a b Kirahna Egor return r 4- -t� u Ln _ m O Y O = +n O u m L T n r N O 0 CL O N O Q w LA c t ra 0 — L (V CD a cu t m f0 J ~ O N N V 61 J tu � O E a !� O , m f.. (D CL in O � a `�' a °, - E ai CL o a) Ln It C: uj E Q7 a7 x m N L s m c O N O¢ v d a. O v m CL j ro E a n O O u 0 a. m m O O V r m m v� f - u r, , I ,r t � _ t { , �k � `tee 1" \, �• tt i � i B E H IC R A CRA BOARD MEETING OF*' February 11, 2014 Consent Agenda I x Old Business I New Business Public Hearing Ot SUBJECT: Consideration and Selection of Responses to the Invitation to Bid for the Parking Lot Project — NE 1 St Avenue & NE l St Street & Sidewalk Connector located at 208 NE 1 St Avenue. SUMMARY: The CRA Board approved the funding in the FY 2013 -2014 budget for the design and construction of a 58 space public parking lot on the CRA owned property located at 208 NE 1St Street (see Attachment I). At their November 12, 2013 meeting, the CRA Board approved the release of the Invitation to Bid (ITB) for the project after CRA staff had obtained final permit approval from the City of Boynton Beach's Building Department. After receiving final permit approval, the Parking Lot Project — NE 1St Avenue & NE 1 St Street & Sidewalk Connector Invitation to Bid was released on December b, 2013 with a submission deadline of January 16, 2014. As of the ITB response deadline, the CRA received a total of ten cost proposals from contracting firms (see Attachment II). The ten proposals have been reviewed by CRA staff, the CRA's project design consultants and CRA legal counsel. (see Attachment III). Based on this review, it has been determined that Rosso Site Development, Inc. is the lowest responsible and responsive bidder under the terms and conditions set forth in the Parking Lot Project NE 1 St Avenue & NE 1St Street & Sidewalk Connector Invitation to Bid document. The project cost as submitted by is Rosso Site Development, Inc. is $510,435.24. CRA staff is recommending: 1) the selection of Rosso Site Development, Inc.as the general contracting firm for the Parking Lot — NE 1 St Avenue & NE 1 St Street & Sidewalk Connector Project and 2) direct staff to enter into contract negotiations, with the draft contract document to be presented to the CRA Board for review and approval at their March 12, 2014, meeting. FISCAL IMPACT: Cost Proposal of $510,435.24 plus 10% contingency $51,044 for a total of $561,480. The FY 2013 -14 budgeted amount for this project is $528,395 in Account# 02- 58200 -404. The source for the additional $33,085 funding needed will be a Budget Amendment to be reviewed by the CRA Board under New Business Item XIV., C. PROJECT: CRA PLAN, PROGRAM OR CRA Redevelopment Plan, Downtown Vision & Master Plan. RECOMMENDATIONS: Approval of Rosso Site Development, Inc. as the general contracting firm for the Parking Lot — NE 1St Avenue & NE 1 St Street & Sidewalk Connector Project and direct staff to enter into contract negotiations, with the contract to be presented to the CRA Board for review and approval at their March 12, 2014, meeting. Michael Simon, sistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeeGngalFeb 20141Selecflcn of a Contractor - Parking Project.docx ATTACHMENT I BOYNTON,CRA The Boynton Beach Community Redevelopment Agency ( BBCRA) will accept sealed bids for the project listed below. The BBCRA will accept sealed bids at its office, 710 N. Federal Highway, Boynton Beach, FL 33435 ON OR BEFORE 3:00pm, January 16, 2014, and then publicly opened and read at a Bid Opening held at 3:15pm on January 16, 2014. All Bids not received prior to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. Invitation for Bid documents, construction plans and specifications must be obtained from the BBCRA office or website at www.catchboynton.com The BBCRA will accept bids submitted by licensed General Contractors. At the time of bid submission, each bidder must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified Work. A bidder is not a responsible bidder if: 1. They do not hold the requisite license(s) to apply for and obtained permits required for the work, and 2. They have not completed three (3) or more similar projects for a public entity, developer, homeowner or condominium within the past forty -eight (48) months. 3. They have been a party to litigation or arbitration arising from a project for a public entity within the past forty -eight (48) months. 4. They are not able to provide proof of ability to obtain a bond to secure completion of the project. 5. They have paid liquidated damages to a public entity for a public project that was delayed more than ten (10) days, within the past forty -eight (48) months. 6. They were the contractor on a public construction project that incurred cost over -runs in excess of ten percent (10 %) of the amount of their bid amount within the past forty-eight (48) months. INVITATION to BID For the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1" Avenue & NE 1 st Street & Sidewalk Connector Located at 208 NE 1 st Street, Boynton Beach, FL Issue Date: December 6, 2013 Submission Deadline: January 16, 2014, no later than 3:OOpm No Mandatory Pre -bid Meeting Page 1 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR The Board of the BBCRA reserves the right to reject any bid submitted by a bidder who is not a responsive or responsible bidder as described above or an incomplete bid. A submission that is not timely is not a bid and will not be opened or reviewed by the BBCRA. ALL BIDS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. INTRODUCTION and BACKGROUND The Boynton Beach Community Redevelopment Agency ( BBCRA) has recognized the importance of commercial and residential redevelopment within the downtown core area as a major component of the BBCRA's Redevelopment Plan. In June of 2007, the BBCRA completed the acquisition of approximately 0. 64 acres located at the NE corner of NE 1St Avenue & NE 1 St Street. The intended use for this parcel of land was to create a public parking lot that would provide additional parking spaces for existing and future businesses as well as the visitors who attend the many CRA sponsored special events held at the City's Amphitheater and downtown corridor located in close proximity to the proposed parking lot. The CRA has also identified the lack of downtown connectivity as detractor to private investment and redevelopment. As such, the CRA is including the construction of a public sidewalk within the City of Boynton Beach right -of -way lying between NE 1 St Avenue to the north and E. Ocean Avenue to the south to connect the proposed parking lot project to E. Ocean Avenue. The scope of work of the Parking Lot Project - NE 0 Avenue & NE lst Street and Sidewalk Connector is to construct a surface parking lot along with lighting, landscaping, sidewalks and signage. 1.0 COST BID REQUIREMENTS The Boynton Beach Community Redevelopment Agency ( BBCRA) is accepting sealed bids for the general contractor selection process and to enter into a contract with a qualified responsible individual or entity to provide and complete construction, installation and services consistent with a construction delivery process for the following project (hereinafter referred to as the Project): BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT—NE PROJECT-NE 1st Avenue & NE 1st Street & Sidewalk Connector 1.1 General Information The Project documents available from the BBCRA constitute the entire project that is the subject of this bid invitation. 1.2 Scope of Project Work Contractor shall provide all materials, labor, and maintenance of traffic to perform the necessary construction activities to complete the project improvements, as specified in the construction plans prepared by Kimley -Horn & Associates, Inc., a Page 2 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR consultant to the BBCRA. The scope of work (Work) includes but is not limited to the following: 1. Construction of a 58 space surface parking lot and sidewalk connector. 2. Landscape, hard scape, lighting and signage site improvements. See Attachment "A" Construction Documents last dated November 5, 2013, (available online at the BBCRA's website, m4,w.catchb2Ljgomco or on disk at the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. The construction documents supplied by the BBCRA have been reviewed and have been approved for permit issuance by the City of Boynton Beach Building Department. All construction is to meet or exceed all materials quality specifications. No deviations from plans will be approved without prior written request, notification to BBCRA and formal approval issued by the BBCRA. The successful bidder must provide all storage of materials, either onsite as approved by the Client or offsite as needed. The selected Contractor is to provide a full -time Construction Manager assigned to the Project. The selected Contractor is to provide all storage of materials, either onsite as approved by the BBCRA or offsite as needed. In the event that temporary disruption of activities is necessitated due to construction, the selected Contractor is to provide written notification of activity, a schedule of construction activities and a guaranteed completion date of activities. The Work included in this project consists of furnishing all tools, materials, equipment and supplies as well as the performance of all labor, handling, services and incidentals, including applicable taxes necessary for the Boynton Beach CRA. The foregoing description is general in nature. The scope of work is more specifically defined by the Contract Documents. 1.3 Personal Investigation and Obligation of the Bidder(s) Each Bidder shall inform themselves fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so shall not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. At the time of the bid's submission, each Bidder shall submit a completed Site Inspection Confirmation form Attachment "J" and is presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and construction documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to Bidder's Bid. 1.4 Project Delivery The completion duration for construction completion is anticipated to be no longer than 180 days from the issuance of the Notice to Proceed. Page 3 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE I ST STREET AND SIDEWALK CONNECTOR 1.5 Type of Contract Any contract awarded from this request for cost bid will be negotiated with the successful Bidder and in a form approved by the BBCRA Board attorney and the BBCRA Board, 1.6 Direction and Management The scope of work of this Project will fall under the direction and management of the BBCRA or its designated representative or agent. 1.7 Contacts A. Questions regarding this ITS & Overall Project may be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 600 -9091 or email: si o tbbEl,us Answers to written questions shall be maintained in the BBCRA project file and are available to all bidders to review. B. Questions regarding the Construction & Design documents may be directed, in writing, to: Jason Webber, P.E. Kimley -Horn & Associates, Inc. 1690 South Congress Avenue, Suite 100 Delray Beach, Florida 33445 Direct: (561) 404 -7250 Cell: (813) 480 -6760 i ason.webber(a,kimley- horn.com www.kimley- hom.com T Answers to written questions shall be maintained in the BBCRA ITB project file and are available to all bidders to review. 1.8 Submittal Deadline The BBCRA will accept bids at the location listed below until 3:00pm, January 16 5 2014. It is the responsibility of the Bidder to insure that submittals are received at the designated submittal location by the Submittal Deadline. Bids received after the submittal deadline will be returned to the Bidder unopened. 1.9 Submittal Location The Bids must be received in the office of the BBCRA, 710 N. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. Page 4 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.10 Number of Copies In total, one (1) bound original of the Bid and one unbound (1) but clipped copy of the bid is required. In addition, one (1) digital copy of the Bid in PDF format on CD /DVD or thumb drive is required. Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Bid as: Response to the Invitation to Bid BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1st Avenue & NE 1st Street & Sidewalk Connector Date Issued: December 6, 2013 1.11 Selection Criteria The lowest responsive and responsible bidder will be awarded the contract. 1.12 Public Information Statement The BBCRA 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, 1.13 Clarifications and Interpretations 1.13.1 Answers to Ouestions Bidders are required to restrict all contact and questions regarding this INVITATION TO BID to the named individual(s) listed in 1.7. Contacts. All such requests must be submitted in writing, no later than 5:00 pm, December 23, 2013. Answers to questions will be provided no later than 5:00 pm, January 8, 2014. 1.13.2 Clarifications or Interpretations Any clarifications or interpretations of this INVITATION TO BID that materially affect or change its requirements will be issued by the BBCRA or its representative as an addendum. All such addenda issued by the BBCRA before the Bids are due, are part of the INVITATION TO BID, and Bidder(s) shall acknowledge receipt of and incorporate the requirements of each addendum in its Bid by completing and including in their response package Attachment "B "Addenda Acknowledgement. 1.13.3 Addenda Bidders shall consider only those clarifications and interpretations that the BBCRA issues by addenda at least five (5) days prior to the Submittal Deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the BBCRA and should not be relied upon in preparing the Bid. Page 5 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.14 Obligations of Parties 1.14.1 Assumed Requirements Bidder understands and acknowledges by submitting a cost bid that the bid being submitted is based on assumed requirements for the proposed Project; and, that the BBCRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from the submitted cost bid. Bidder is required to qualify all assumptions it makes. 1. 14.2 Costs of Bid Submission Bidder understands and acknowledges by submitting a cost bid that any and all costs incurred by the Bidder as a result of the Bidder's efforts to participate in this selection process shall be at the sole risk and obligation of the Bidder. 1.14.3 Reimbursement The BBCRA will not provide compensation to Bidder for any expenses incurred for cost bid preparation or for any presentations made. 1. 14.4 Award of Contract The BBCRA makes no guarantee that an award will be made as a result of this INVITATION TO BID, and the BBCRA Board reserves the right to accept or reject any or all bids, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this INVITATION TO BID or resulting contract when deemed to be in the BBCRA's best interest. Representations made within the Bid response will be binding on Bidder. 1.15 Completeness of Bid 1.15.1 Completeness Bidder(s) should carefully read the information contained herein, it is the responsibility of the Bidder(s) to submit a complete response to all requirements and questions. 1.15.2 Conditional Clauses Cost bids which are qualified with conditional clauses, or alterations, or items not called for in the INVITATION TO BID documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. 1. 15.3 Compliance Failure to comply with the requirements contained in the INVITATION TO BID request may cause rejection of the Bid. 1.15.4 Rejection Bids submitted after the Submittal Deadline will be returned unopened. Page 6 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR I.16 Withdrawal or Modification A cost bid may be withdrawn and resubmitted any time prior to the time set for receipt of bids. Outside of the approved negotiation process, no cost bid may be changed, amended, or modified after the Submittal Deadline. No cost bid may be withdrawn after the Submittal Deadline without approval of the BBCRA which shall be based on Bidder(s)'s written request stating reasons for withdrawing the bid that are acceptable, in the BBCRA's sole discretion. 1.17 Ownership of Bids Cost bids and any other information submitted by Bidder(s) shall become the property of the BBCRA; however, the BBCRA may return all other Bid 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 bid pricing information requested by BBCRA is provided. 1.18 Validity Period Bids are to be valid for the BBCRA's acceptance for a minimum of 90 days from the submittal deadline date to allow time for evaluation and selection. A Bid, if accepted, shall remain valid for the life of the Contracts resulting from this selection process. 1.19 Bidder(s) Acknowledgement and Compliance Certification Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Certificate exactly as shown in Attachment "D" Bidder(s) Acknowledge and Compliance Certificate. 1.20 Tentative Schedule of Actions 1.21.1 Release of Invitation to Bid December 6, 2013 1.21.2 Bid Submittal Deadline January 16, 2014, 3:00pm 1.21.3 BBCRA Board Presentation February 11, 2014, 6:30pm 1.21.4 Construction to Begin March 3, 2014 1.21 Execution of Agreement 1.21.1 Offer of Contract Upon selection of the successful Bidder(s) by the Board of the BBCRA, the BBCRA will extend to said Bidder(s) an offer to enter into a Construction Services Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and bids identified by the Contractor in its Bid and accepted by BBCRA in negotiations. 1.21.2 BBCRA's Right to Withdraw In the event the successful Bidder(s) fails to return an executed contract, and can identify to the BBCRA in writing negotiated terms that were omitted, the BBCRA reserves the right to withdraw its offer to enter into a contract with the Bidder(s). Page 7 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 1.22 Bid Format 1.22.1 Conditional Responses Responses that are qualified with conditional clauses, alterations, items not called for, or irregularities of any kind are subject to rejection at the sole discretion of the BBCRA. 1.22.2 Additional Information Except for alternate methods or pricing, additional attachments shall not be included in the cost bid. Only the responses provided by the Bidder(s) to the questions identified in Section 3 will be used by the BBCRA for evaluation. 1.23 Public Entity Crimes 1.23.1 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 Bidder(s) will in no way be a cause for relief from responsibility. 1.23.2 Public Entity Crimes All invitations to bid as defined by Section 287.012(l 1), Florida Statutes, requests for bids 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 "D" Public Entity Crimes Statement. 1.24 Bond Requirements 1.24.1 In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the BBCRA, a Payment and Performance Bond not less than 110% of the total cost of the Project. When the successful Bidder delivers the executed Agreement to the BBCRA, it must be accompanied by the required Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. Attorney in fact who signs bonds must file with such bond a certified copy of their Power of Attorney to sign said bonds. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the language of its Performance Bond: "Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law." Page 8 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR The Bond must be written by a Surety licensed to do business in Florida and named in the current list of "Companies' Holding Certificates of Authority as Acceptable Sureties on Federal Bonds" as published in Circular 570(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of Treasury. 2.0 BIDDER(S) QUALIFICATIONS 2.1 General Directions Bidder(s)'s Qualifications - 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. Bidder(s) are required to submit a complete response to each requested item that follows. Responses requiring additional space should be incorporated in to the Bid as an attachment with reference by item number as listed in the following sections. 2.2 Bidder(s)'s Location and Registration Name: Street Address: Mailing Address: City, State, Zip: Telephone No.: Fax No: Email Address of Contact Person: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 2.3 Bidder(s)'s History 2.3.1 Bidder(s)'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. 2.3.2 Age of Organization In continuous business since: Page 9 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 2.3.3 Leadership List Corporate Officers, Principals, 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 two (2) years, providing state, case number and disposition for each. 2.3.7 Safety History Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last three years as obtained from your insurance agent. 2.3.8 For each public project completed within the past thirty -six (36) months list: the name of the public entity, the original bid amount on which the bid was awarded, then number and amount of change orders submitted by bidder, the amount by which the final project costs payable to bidder exceeded the original bid. 2.4 Organization and Project Personnel Qualifications 2.4.1 Organization Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on -site functions of Project Management & Supervision, Cost Control, Scheduling, Submittals and Quality Control. If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5 Relevant Construction & Project Experience Relevant experience of projects in which Bidder(s) performed General Contracting Firm services as outlined in this INVITATION TO BID are to be listed in the table shown in Attachment "E" Statement gRelevant Construction Experience. Bidder(s) are to exactly reproduce this table in their responses with information in accordance with the column headings shown. Notations such as "NIA" 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 Page 10 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR applicable and available. Projects listed should be as close as possible to the scope of the projects for this INVITATION TO BID. For each project listed in this table where Bidder(s) self performed any construction trade, provide a separate table, listing the trades(s) provided. 2.6 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Bid and note it in your Bid Table of Contents. 2.7 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. 2.8 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. 2.9 Subcontractors If a Bidder(s) subcontracts any portion of the Project for any reason, the Bidder(s) must state the name and address of the Licensed Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors ", Attachment "F" Schedule of Subcontractors. BBCRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Bidder(s), who, in the opinion of BBCRA, will be in the best interest of and/or most advantageous to BBCRA. BBCRA also reserves the right to reject a bid of any Bidder(s) if the bid 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 BBCRA reserves all rights in order to make a determination as to the foregoing. Bidder(s) shall include in their Bid a statement that if selected to enter into a Construction Services Contract, that they shall periodically throughout the term of the Contract, provide the BBCRA an updated list of all subcontractors working on the Project. 2.10 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 the attached certification, Attachment "G" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid to be considered non - responsive. 2.11 Licenses Bidder(s) shall provide copies of any and all licenses, certifications or other related professional credentials held by the company required to complete the project. Page 11 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR 2.12 Insurance Requirements Bidder(s) shall provide copies of the firm's General Liability and Workers' Compensation Insurance Certificates with their proposal. 3.4 PRICING AND COSTS 3.1 Construction Services Price Bid and Related Costs The cost bid shall be provided in the format shown in Attachment "H" Cost Bid along with a breakdown of costs per C.S.I's sixteen division categories for the project scope the Bidder(s) will responsible for undertaking _to _ complete the project as per the construction documents for categories and subcategories as listed in Attachment "I" Costs. - Prepare a narrative Scope of Work listing all allowances, assumptions and clarifications within the cost bid proposal. The scope of the Bidders work consists of the totality of the Construction Finn's duties and obligations under the Contract Documents. 3.2 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 BBCRA's sole discretion. 3.3 Permit Fees The BBCRA has pre -paid for the plan review and construction permit fees associated with the project as of the date of issuance of the ITB. The BBCRA will pay the City of Boynton Beach directly for any additional fees or costs associated with the completion of the Project excluding any fees or costs incurred by the selected contractor as a result of deficiencies in performance or oversights in construction management practices. Page 12 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE 1 ST STREET AND SIDEWALK CONNECTOR ATTACHMENT "A" CONSTRUCTION DOCUMENTS Request for Bid documents, construction plans and specifications for the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 st Avenue & NE 1 st Street & Sidewalk Connector may be obtained online at www.catchboynton.com on CD /DVD disc from the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. 13 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1" AVENUE & NE 1�` STREET AND SIDEWALK CONNECTOR ATTACHMENT `B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR COST INVITATION FOR BID by entering YES or NO in the space provided and indicating date received. No.1 Date No.2 Date No. 3 No.4 Date No.5 Date Bidder(s)'s Signature Title _. 14 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1 "AVENUE & NE 1 tiT STREET AND SIDEWALK CONNECTOR ATTACHMENT "C" BIDDERS) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Issue Date: December 6, 2013 Project Title: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR Bid Submitted By: January 16, 2014. Bids must be received in their entirety by the Boynton Beach CRA no later than 3:00 p.m. (local time). Bids will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency. Name of Vendor: Federal I.D. Number: A Corporation of the State of: Telephone Number: - Fax Number: Mailing Address: City: State: Zip, w Vendor Mailing Date: Authorized Signature Name (Printed or Typed) 15 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1" AVENUE & NE 1" STREET AND SIDEWALK CONNECTOR ATTACHMENT "D" 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 bid on a contract or provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids 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. i der(s)'s Signature Title 16 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT -NE 1 s ' AVENUE & NE 1" STREET AND SIDEWALK CONNECTOR ATTACHMENT "E" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE 1. Name of Bidder(s): 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business years under the present firm name? 6. General character of work performed by your company: 7. Enclose evidence of possession of required licenses and/or business permits. S. 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: Project $ Value Contact Name Phone $ 17 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE I" AVENUE &NE 1" STREET AND SIDEWALK CONNECTOR ATTACHMENT "x" SEDULE OF SUBCONTRACTORS Bidder(s) 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: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR Submission Date: January 16, 2014, no later than 3:00pm Bidder(s)s Name: Name/Address/Phone of Type of Work to be Sub contractor Performed Dollar Amount % of tal Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: 18 of 23 130YNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE I" AVENUE & NE I" STREET AND SIDEWALK CONNECTOR ATTACHMENT "G" DRUG -FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug -free workplace programs but it is not a requirement to submit a bid proposal. Whenever two (2) or more bids, 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 bid 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 bids 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 Bid 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 bid, 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. i er(s's Signature Title 19 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT —NE 1 ST AVENUE & NE I" STREET AND SIDEWALK CONNECTOR ATTACHMENT "H" COST BID Project Title: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT — NE 1ST AVENUE & NE 1ST STREET AND SIDEWALK CONNECTOR Name of Bidder(s): We propose and agree, if this bid is accepted, to contract with the Boynton Beach Community Redevelopment Agency, 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: Kimley -Horn & Associates, Inc., 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 Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project. GRAND TOTAL: $ Dollars and Cents (amount written in words has precedence) The undersigned Bidder(s) 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. One (1) Original, one (1) unbound copy and one (1)CD /DVD of bid 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, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. 20 of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT --NE 1" AVENUE & NE 11T STREET AND SIDEWALK CONNECTOR The Bidder(s), by and through the submission of his Bid, 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 Bidder(s), by submission of this Bid, acknowledges that the Bidder(s) has been advised that in the event that the Bidder(s) contests the award of this Project to another Bidder(s), the Bidder(s) damages, if any, are limited to actual Bid preparation costs, and Bidder(s) hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Bidder(s). Date Name of Bidder(s), Corporation, Firm or Individual By: Signature Printed /Typed Name Title Telephone Number Florida Contractor's License Number: 21 Of 23 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PARKING LOT PROJECT - NE 1 ST AVENUE & NE I" STREET AND SIDEWALK CONNECTOR ATTACHMENT "" COST BID C.S.I. DIVISION BREAKDOWN DIVISION 01- GENERAL CONDITIONS DIVISION 02 - SITEOK DIVISION 03 - CONCRETE DIVISION 04 - MASON DIVISION 05 - METALS DIVISION 06 - WOODS & PLASTICS DIVISION 07 - THERMAL & MOISTURE PROTECTION DIVISION 08 - DOORS & WINDOWS DIVISION 09 - FINISHES DIVISION 10 - SPECIALTIES DIVISION 11 - EQUIPMENT DIVISION 12 - FURNISHINGS DIVISION 13 - SPECIAL CONSTRUCTION IVISIO 14 - CONVEYANCE IVISIO 15 - MECHANICAL PLUMBING IVISIO 16 - ELECTRICAL SUBTOTAL: ; -. Bond General Contractor's Fee General Liabili Permit Fees [Inspection fees or similar fees encountered during the construction phase. Owner to pay all other permit fees directly to the City outside the GC's project cost. TOTAL „CONSTRUCTION COST: 22 of 23 BOYNTON BEACH COMMUNITY kEDEVELOPMENT AGENCY PARKING LOT PROJECT —NE 1 1T AVENUE & NE 11T STREET AND SIDEWALK CONNECTOR ATTACHMENT " " SITE INSPECTION CONFIRMATION Each Contractor submitting a proposal on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. Project: Boynton Beach Community Redevelopment Agency Parking Lot Project — NE 1 St Avenue & NE 1St Street & Sidewalk Connector Check One: ° Non - Mandatory X Mandatory as an authorized representative of Name and Title of Representative (hereinafter called the Proposer) located at Name of a y _ and that said Company Address Proposer has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail prior to submitting his Proposal or Proposal. 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Northpoint Parkwa , West Palm Collage Design Technology , Lake Mary, FL 32746 West co Inc. 318 South Dixie Highway, Suite 4-5 , Lake Worth, FL 33460 Hard Drives, Inc. South ess Avenue er y Beach, FL 33445 - "f `t aw F; NN Boynton each Community Redevelopment Agency Invitation to Bid - PARKING LOT PROJECT -NE Ist Avenue & NE 1st Street & Sidewalk Connector January 16, 2014 AT 3.15p BID OPENING —NON-BINDING UOFICAL RESULTS Listed below in order of the opening Mancil's Tractor Service, Inc. 4551 SE Hampton , . Stuart, FL 34997 All-Site Construction, Inc. Tamarind 2915 E. ve e , West c Hatcher Construction Development, Inc. 1020 S. Federal Highway, ie #102 $ 606 Delray Beach, Kailas Corporation West to Suite - 3 ,713. Hialeah Gardens, FL 33108 A TTACHMENT III S imon, Mi chael From: Tara Duhy <tduhy@llw- law.com> Sent: Friday, January 31, 2014 7:56 AM To: Simon, Michael Cc: Brooks, Vivian; Kenneth Spillias Subject: Parking Lot Bid Analysis Michael — Per your request, I have reviewed the ten bids the Boynton Beach CRA received in response to its Invitation to Bid for the Parking Lot & Sidewalk Connector Project. Below is an analysis of each proposal submitted pursuant to the requirements contained in the Invitation to Bid. 1. Providian Construction - Providian Construction submitted the lowest bid. Providian Construction was not fully responsive as to whether it has been a party to litigation or arbitration arising from a project for a public entity within the past 48 months; as to whether it has paid liquidated damages to a public entity for a public project that was delayed more than ten days within the past 48 months; and as to whether it has been the contractor on a public construction project that incurred cost over -runs in excess of ten percent of the amount of their bid amount within the past 48 months. Additionally, although it did state that it has completed three or more similar projects within the past 48 months, it described them in Attachment E only. 2. Rosso Site Development - Rosso Site Development submitted the second lowest bid. Rosso Site Development appears to be a responsive and responsible bidder pursuant to the information contained in its bid submittal. 3. Tan Construction Services, Inc. - Tan Construction Services, Inc. submitted the third lowest bid. Tan Construction Services, Inc. appears to be a responsive and responsible bidder pursuant to the information contained in its bid submittal. 4. The College Companies - Collage Design and Construction Group, Inc., d /b /a The Collage Companies, submitted the fourth lowest bid. College was not fully responsive as to whether it was the contractor on a public construction project that incurred cost over -runs in excess of ten percent of the amount of its bid amount within the past 48 months. 5. West Construction, Inc. - West Construction, Inc. submitted the fifth lowest bid. Pursuant to the information contained in its bid submittal, West Construction does not meet the criteria of a "responsible bidder" because it has been a party to litigation or arbitration arising from a project for a public entity within the past 48 months and because it has paid liquidated damages to a public entity for a public project that was delayed more than ten days within the past 48 months. Additionally, West Construction, Inc. was not fully responsive as to whether it was the contractor on a public construction project that incurred cost over -runs in excess of ten percent of the amount of its bid amount within the past 48 months. 6. Hardrives, Inc. - Hardrives of Delray, Inc., d /b /a Hardrives, Inc. submitted the sixth lowest bid. Hardrives, Inc. was not fully responsive as to whether it was the contractor on a public construction project that incurred cost over -runs in excess of ten percent of the amount of its bid amount within the past 48 months. 7. Mancil's Tractor Service, Inc. - Mancil's Tractor Service, Inc. submitted the seventh lowest bid. Mancil's Tractor Service, Inc. was not fully responsive as to whether it has been a party to litigation or arbitration arising from a project for a public entity within the past 48 months; as to whether it has paid liquidated damages to a public entity for a public project that was delayed more than ten days within the past 48 months; and as to whether it was the contractor on a public construction project that incurred cost over -runs in excess of ten percent of the amount of its bid amount within the past 48 months. Additionally, although it did state that it has completed three or more similar projects within the past 48 months, it described them in Attachment E only. 8. All -Site Construction, Inc. - All -Site Construction, Inc. submitted the eighth lowest bid. All -Site Construction, Inc. was not fully responsive as to whether it has been a party to litigation or arbitration arising from a project for a public entity within the past 48 months; as to whether it has paid liquidated damages to a public entity for a public project that was delayed more than ten days within the past 48 months; and as to whether it was the contractor on a public construction project that incurred cost over -runs in excess of ten percent of the amount of its bid amount within the past 48 months. Additionally, although it did state that it has completed three or more similar projects within the past 48 months, it described them in Attachment E only. 9. Hatcher Construction & Development, Inc. - Hatcher Construction & Development, Inc. submitted the ninth lowest bid. Pursuant to the information contained in its bid submittal, Hatcher Construction & Development, Inc. does not meet the criteria of a "responsible bidder" because it has paid liquidated damages to a public entity for a public project that was delayed more than ten days within the past 48 months and because it may only obtain a bond for $200,000 to secure completion of the project. Additionally, although it did state that it has completed three or more similar projects within the past 48 months, it described them in Attachment E only. 10. Kailas Corp. - Kailas Corp. submitted the tenth highest bid. Kailias Corp. appears to be a responsible and responsive bidder pursuant to the information contained in its bid submittal. Pursuant to the Invitation to Bid, the CRA has retained the right to waive any item /requirements contained in the Invitation to Bid when deemed to be in the CRA's best interests. Tara W. Duhy Shareholder Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 t uhy@IIw- law.com (t) 561.640.0820 (f) 561.640.8202 vCard, I Website I Bic; loin us online The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. if the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. 2 Simon Michael From: Jason.Webber@kimley-horn.com Sent: Monday, February 03, 2014 10:51 AM To: Simon, Michael Subject: RE: Parking lot bid Review Attachments: 2014.02.03. Boynton CRA Parking - Bid Analysis.xlsx Mike, I completed my review of the bids provided and have the following comments and observations: * All -Site, Collage, and Mancils had 1 less month of schedule. Providian was the low bidder, but was non- responsive per the email from Ms. +�uhy. Kailas, Hatcher, and All -Site were significantly higher than the other bidders. KHXs recommemJa ion is Tor,.Rossoto be the selected bidder: o Second lovd uidw'er vdlth equivalent schedule to majority of bidders. Their line items are close to or below tl -ie average for':e o llas `.lie ability to sa `- per "orm a portion of the work. o Has a low percentage (S.3%) of GC Fee as compared to the actual work performed. This is the third loudest pe ~ccn1age of` aJi bidders and it is lower than the average. o `i 'ne ccrn0inai c of &_- Fee and other overhead fees (Bond, General Liability, and Permit g=ees) Is the second, Iovaes'_ of i ; bIdders as a percentage of the work (7.9 %). o Rosso a i •• ..,': r s[Ve solely plan a d qua Iity conZ roi p[an as a pt: of - dhe : ' subi — �na:1. o Rosso provided two letters of recommendation from satisfied clients, strongly recommending their work. o Rosso i;nfor ie'lior that several of their- recent projects have ended with final payment being below i lair � ii:Ial contr2ci value. Based on the above revievv, K"" l,r.,, ierommends i the CRA contract with Rosso s4 lr'C , e�.i or ti?e co n sLFuction of the Parkirg Lot Project. Let me know if you have any questions or need anything additional. Thank you! Jason Webber, P.E. KIML.EY -HORN AND ASSOCIATES, INC. 1690 South Congress Avenue, Suite 100 Delroy Beach, Florida 33445 Direct: (561 404 -7250 Cell: (813) 480 -6760 °rason. ebber klrraler�- hurea.curaa wry w war, krra7le - c rrr.ceaaa To 'CRA CRA BOA" MEETING OF* February 11, 2014 C onsent Agenda I X I Old Business I I New Business I Public Hearing Other SUB T: Consideration of entering into a Contract with Collage Design & Construction Group, Inc. d/b/a The Collage Companies to perform the construction of the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project. SUMMARY: The CRA Board approved the funding in the FY 2013 -2014 budget for the construction of the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project. The scope of work for the project consists of the construction of a new 1,500 square foot Harbor Master building with shop store and public restrooms, enhanced lighting, landscaping and hardscape improvements and signage. At the regular meeting held on October 8, 2013, the CRA Board approved the issuance of Invitation for Bid (ITB) document in order to solicit cost proposals from qualified firms for construction of the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project (see Attachment I). As of the ITB response deadline of December 10, 2013, the CRA received cost proposals from five general contracting firms which were reviewed by CRA staff, the CRA's project design consultants and CRA legal counsel. At the regular meeting held on January 11, 2014, the CRA Board selected Collage Construction as the lowest responsible and responsive bidder under the terms and conditions set forth in the Boynton Harbor Marina Harbor Master Building & Fuel Dock Site Improvement Project Invitation to Bid document and directed staff to begin contract negotiations to be brought back to the CRA Board for review and approval. The project cost as submitted by Collage Construction based on the plans and specifications under the ITB is $974,545 (see Attachment II). CRA staff has been working with staff of the Collage Companies on the attached construction contract. The contract document identifies conditions for completion of the project, performance, dispute resolutions, payment application processes and general provisions. CRA legal counsel has reviewed the contract document and approved its form for the Board (see Attachment I11). FISCAL IMPACT: Construction Cost of $ 974, 545 plus - -15 %0 _contingency $146,182 for a total of $1,120,727 budgeted in Account # 02 -58200 -404 CRA PLAN, PROGRAM OR PROJECT: CRA Redevelopment Plan, Downtown Vision & Master Plan, Boynton Harbor Marina Master Redevelopment Plan. RECOMMENDATIONS: Approval of the construction contract with Collage Design & Construction Group, Inc. d/b /a The Collage Companies and funding in the amount of $1,120,727.00 from Account# 02 -58200 -404. Michael Simon, Assistant Director T:b4GENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2D14 Board Meetings\reb 20144Approval of Contract- Collage Companies.dou ATTACHMENT I it B OYNTON m"""m'B EAC H k;= C RA The Boynton Beach Community Redevelopment Agency ( BBCRA) will accept sealed bids for the project listed below. The BBCRA will accept sealed bids at its office, 710 N. Federal Highway, Boynton Beach, FL 33435 ON OR BEFORE Tuesday, December 10, 2013 at 3:00 p.m. Eastern Standard Time, and then publicly opened and read at a Bid Opening. All Bids not received prior to the date and time set forth above will NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. Invitation for Bid documents, construction plans and specifications must be obtained from the BBCRA office or website at www.catchboynton.com The BBCRA will accept bids submitted by licensed General Contractors. At the time of bid submission, each bidder must be properly certified and licensed in the State of Florida and/or Palm Beach County, as applicable, for the purpose of performing the specified Work. A bidder is not a responsible bidder if: 1. They do not hold the requisite license(s) to apply for and obtained permits required for the work, and 2. They have not completed three (3) or more similar projects for a public entity, developer, homeowner or condominium within the past forty-eight (48) months. 3. They have been a party to litigation or arbitration arising from a project for a public entity within the past forty -eight (48) months. 4. They are not able to provide proof of ability to obtain a bond to secure completion of the project. 5. They have not attended the mandatory pre -bid conference listed in 1.4 below. 6. They have paid liquidated damages to a public entity for a public project that was delayed more than ten (10) days, within the past forty -eight (48) months. 7. They were the contractor on a public construction project that incurred cost over -runs in excess of ten percent (10 %) of the amount of their bid amount, within the past forty - eight (48) months. INVITATION to BID For the BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT Located at 735 Casa Loma Boulevard, Boynton Beach, FL Issue Date: Thursday, October 10, 2013 Submission Deadline: Tuesday, December 10, 2013, 3pm Mandatory Pre - submission Meeting (Bidder must attend one of two dates): Thursday, October 24, 2013 at 3:00pm or Thursday, November 14, 2013 at 3pm Page 1 of 22 The Board of the BBCRA reserves the right to reject any bid submitted by a bidder who is not a responsive or responsible bidder as described above or an incomplete bid. A submission that is not timely is not a bid and will not be opened or reviewed by the BBCRA. ALL BIDS NOT RECEIVED PRIOR TO THE DATE AND TIME SET FORTH ABOVE WILL NOT BE ACCEPTED FOR CONSIDERATION. The time stamp or clock at the BBCRA's Reception Area is the time of record. INTRODUCTION and BACKGROUND The Boynton Beach Community Redevelopment Agency ( BBCRA) has recognized the importance of preserving the City's local and historic commercial fishing and diving industry as a component of the BBCRA's redevelopment plan. In March 2006, the BBCRA purchased a portion of the previously owned Two Georges Marina which encompassed 19 marina slips and a two story retail building. In January 2007, the BBCRA acquired the vacant waterfront parcel and existing marine fuel dock with the intentions of constructing a permanent marina operations building and public restroom facility. The January 2009 Boynton Beach Downtown Vision & Master Plan has identified the Boynton Harbor Marina and local marina business as an important part of the City's history and eastern anchor to the downtown. The BBCRA completed the first Phase of a multi -phase project with the construction of the Boynton Harbor Marina Entrance Tower Feature and Landscaping project at the southern entrance to the marina area located at the corner of NE 6th Street and Casa Loma Boulevard in September 2011. This Entry Tower Feature acts as an iconic feature creating a destination and sense of arrival that did not previously exist at the marina. The intent of the Boynton Harbor Marina, Harbor Master Building & Fuel Dock Site Improvement Project is to construct the permanent marina operations office and ship store along with a public restroom facility. The project will also include marine fuel dock facility site improvements including new signage, lighting, landscape and hardscape features all to enhance the public's waterfront experience. 1.0 COST BID REQUIREMENTS The Boynton Beach Community Redevelopment Agency ( BBCRA) is accepting sealed bids for the general contractor selection process and to enter into a contract with a qualified responsible individual or entity to provide and complete construction, installation and services consistent with a construction delivery process for the following project (hereinafter referred to as the Project): MARINA BOYNTON HARBOR HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT 1.1 General Information The Project documents available from the BBCRA constitute the entire project that is the subject of this bid invitation. Page 2 of 22 1.2 Scope of Project Work Contractor shall provide all materials, labor, and maintenance of traffic to perform the necessary construction activities to complete the project improvements, as specified in the construction plans prepared by VHB MillerSellen, a consultant to the BBCRA. The scope of work (Work) includes but is not limited to the following: 1. Construction of a 1,500 +/- sgft single story, ship store, marina operations office and public restroom building. 2. Landscape, hard scape and lighting site improvements. 3. Relocation of monitoring equipment for existing marine fueling operations. See Attachment "A" Construction Documents last dated August 14, 2013, (available online at the BBCRA's website, www.catclr or on disk at the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. The construction documents supplied by the BBCRA have been reviewed and have been approved for permit issuance by the City of Boynton Beach Building Department. All construction is to meet or exceed all materials quality specifications. No deviations from plans will be approved without prior written request, notification to Owner and formal approval issued by the Owner. The successful bidder must provide all storage of materials, either onsite as approved by the Client or offsite as needed. The selected Contractor is to provide a full -time Construction Manager assigned to the Project. The selected Contractor is to provide all storage of materials, either onsite as approved by the BBCRA or offsite as needed, but at no time are construction activities to impede access, parking or deliveries to the existing restaurant(s) or other active marine businesses utilizing the marina area. In the event that temporary disruption of activities is necessitated due to construction, the selected Contractor is to provide written notification of activity, a schedule of construction activities and a guaranteed completion date of activities. The Work included in this project consists of furnishing all tools, materials, equipment and supplies as well as the performance of all labor, handling, services and incidentals, including applicable taxes necessary for the Boynton Beach CRA. The foregoing description is general in nature. The scope of work is more specifically defined by the Contract Documents. 1.4 Personal Investigation and Obligation of the Bidder(s) Each Bidder shall inform themselves fully of the conditions relating to the construction of the Project and the employment of labor thereon. Failure to do so shall not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his Contract. At the time of the bid's submission, each Bidder shall submit a completed Site Inspection Confirmation form as attached and presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and construction Page 3 of 22 documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument or document shall in no way relieve any Bidder from any obligation in respect to Bidder's Bid. The BBCRA will hold a mandatory pre -bid submittal site inspection conference on two dates for the convenience of the potential bidders. The two optional dates of the pre -bid submittal site inspection conference are Thursday, October 24, 2013 at 3pm or Thursday, November 14, 2013 at 3pm. Proof of attendance for the Mandatory Pre -Bid Conference will be indicated by the Bidder's signature or their appointee on the attendance sheet provided at the Pre - Bid Conference. All bidders must attend one of these two pre -bid conferences in order to be qualified to submit a cost proposal. The purpose of the pre -bid conference is to provide prospective bidders the opportunity to perform a site inspection, submit written questions and receive information on site issues. Failure of a Representative of any 1TB respondent to attend the conference shall result in disqualification. 1.5 Project Delivery The completion duration for construction completion is anticipated to be no longer than 240 days from the issuance of the Notice to Proceed. 1.6 Type of Contract Any contract awarded from this request for cost bid will be negotiated with the successful Bidder and in a form approved by the BBCRA Board attorney and the BBCRA Board. 1.7 Direction and Management The scope of work of this Project will fall under the direction and management of the BBCRA or its designated representative or agent. 1.8 Contacts A. Questions regarding this ITB & Overall Project may be directed in writing to: Boynton Beach Community Redevelopment Agency Attn: Michael Simon, Assistant Director 710 N. Federal Highway Boynton Beach, FL 33435 (561) 737 -3256 or email: sirr�c��arna iDbbfl.us Answers to written questions shall be maintained in the BBCRA project file and are available to all bidders to review. Page 4 of 22 B. Questions regarding the Construction & Design documents may be directed, in writing, to: VHB MillerSellen Attn: Chris Brown, ASLA Senior Landscape Architect 225 E. Robinson Street, Suite 300 Orlando, FL 332801 P: 407.839.4006 1 Direct: 407.893.4725 email: l7risbrr w i vhb.c o Answers to written questions shall be maintained in the BBCRA ITB project file and are available to all bidders to review. 1.9 Submittal Deadline The BBCRA will accept bids at the location listed below until 3:00pm, Tuesday, December 10, 2013. It is the responsibility of the Bidder to insure that submittals are received at the designated submittal location by the Submittal Deadline. Bids received after the submittal deadline will be returned to the Bidder unopened. 1.10 Submittal Location The Bids must be received in the office of the BBCRA, 710 N. Federal Highway, Boynton Beach, FL 33435, on or before the Submittal Deadline. 1.11 Number of Copies In total, one (1) bound original of the Bid and one unbound (1) but clipped copy of the bid is required. In addition, one (1) digital copy of the Bid in PDF format on CDIDVD or thumb drive is required. Facsimile or emailed copies will not be accepted. Clearly mark the outside of the Bid as: Response to BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT Invitation to Bid Date Issued: Thursday, October 10, 2013 1.12 Selection Criteria The lowest responsive and responsible bidder will be awarded the contract. 1.13 Public Information Statement The BBCRA 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. 1.14 Clarifications and Interpretations 1. 14.1 Answers to Questions Bidders are required to restrict all contact and questions regarding this INVITATION TO BID to the named individual(s) listed in 1.8. Contacts. All such requests must be submitted in writing, no later than 5:00 pm, Page 5 of 22 Monday, November 25, 2013. Answers to questions will be provided no later than 5:00 pm, Wednesday, December 4, 2013. 1.14.2 Clarifications or Interpretations Any clarifications or interpretations of this INVITATION TO BID that materially affect or change its requirements will be issued by the BBCRA or its representative as an addendum. All such addenda issued by the BBCRA before the Bids are due, are part of the INVITATION TO BID, and Bidder(s) shall acknowledge receipt of and incorporate the requirements of each addendum in its Bid by completing and including in their response package Attachment `B "Addenda Acknowledgement. 1.14.3 Addenda Bidders shall consider only those clarifications and interpretations that the BBCRA issues by addenda at least five (5) days prior to the Submittal Deadline. Interpretations or clarifications in any other form, including oral statements, will not be binding on the BBCRA and should not be relied upon in preparing the Bid. 1.15 Obligations of Parties 1.15.1 Assumed Requirements Bidder understands and acknowledges by submitting a cost bid that the bid being submitted is based on assumed requirements for the proposed Project; and, that the BBCRA has made no written or oral representations that any such assumed requirements are accurate should a contract arise from the submitted cost bid. Bidder is required to qualify all assumptions it makes. 1.15.2 Costs of Bid Submission Bidder understands and acknowledges by submitting a cost bid that any and all costs incurred by the Bidder as a result of the Bidder's efforts to participate in this selection process shall be at the sole risk and obligation of the Bidder. 1.15.3 Reimbursement The BBCRA will not provide compensation to Bidder for any expenses incurred for cost bid preparation or for any presentations made. 1. 15.4 Award of Contract The BBCRA makes no guarantee that an award will be made as a result of this INVITATION TO BID, and the BBCRA Board reserves the right to accept or reject any or all bids, waive any formalities or minor technical inconsistencies, or delete any item /requirements from this INVITATION TO BID or resulting contract when deemed to be in the BBCRA's best interest. Representations made within the Bid response will be binding on Bidder. Page 6 of 22 1.16 Completeness of Bid 1.16.1 Completeness Bidder(s) should carefully read the information contained herein, it is the responsibility of the Bidder(s) to submit a complete response to all requirements and questions. 1.16.2 Conditional Clauses Cost bids which are qualified with conditional clauses, or alterations, or items not called for in the INVITATION TO BID documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. 1.16.3 Compliance Failure to comply with the requirements contained in the INVITATION TO BID request may cause rejection of the Bid. 1.16.4 Rejection Bids submitted after the Submittal Deadline will be returned unopened. 1.17 Withdrawal or Modification A cost bid may be withdrawn and resubmitted any time prior to the time set for receipt of bids. Outside of the approved negotiation process, no cost bid may be changed, amended, or modified after the Submittal Deadline. No cost bid may be withdrawn after the Submittal Deadline without approval of the BBCRA which shall be based on Bidder(s)'s written request stating reasons for withdrawing the bid that are acceptable, in the BBCRA's sole discretion. 1.18 Ownership of Bids Cost bids and any other information submitted by Bidder(s) shall become the property of the BBCRA; however, the BBCRA may return all other Bid 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 bid pricing information requested by BBCRA is provided. 1.19 Validity Period Bids are to be valid for the BBCRA's acceptance for a minimum of 90 days from the submittal deadline date to allow time for evaluation and selection. A Bid, if accepted, shall remain valid for the life of the Contracts resulting from this selection process. 1.20 Bidder(s) Acknowledgement and Compliance Certification Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Certificate exactly as shown in Attachment "D" Bidder(s) Acknowledge and Compliance Certificate. Page 7 of 22 1.21 Tentative Schedule of Actions 1.21.1 Release of Request for Bid October 10, 2013 1.2I.2 Bid Submittal Deadline December 10, 2013, 3:OOpm 1.21.3 BBCRA Board Presentation January 12, 2014, 6:30pm 1.21.4 Construction to Begin February 3, 2014 1.22 Execution of Agreement 1.22.1 Offer of Contract Upon selection of the successful Bidder(s) by the Board of the BBCRA, the BBCRA will extend to said Bidder(s) an offer to enter into a Construction Services Contract. The terms and conditions of the Contract are subject to negotiation, but shall not deviate substantially from the qualifications and bids identified by the Contractor in its Bid and accepted by BBCRA in negotiations. 1.22.2 BBCRA's Right to Withdraw In the event the successful Bidder(s) fails to return an executed contract, and can identify to the BBCRA in writing negotiated terms that were omitted, the BBCRA reserves the right to withdraw its offer to enter into a contract with the Bidder(s). 1.23 Bid Format 1.23.1 Conditional Responses Responses that are qualified with conditional clauses, alterations, items not called for, or irregularities of any kind are subject to rejection at the sole discretion of the BBCRA. 1.23.2 Additional Information Except for alternate methods or pricing, additional attachments shall not be included in the cost bid. Only the responses provided by the Bidder(s) to the questions identified in Section 3 will be used by the BBCRA for evaluation. 1.24 Public Entity Crimes 1.24.1 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 Bidder(s) will in no way be a cause for relief from responsibility. 1.24.2 Public Entity Crimes All invitations to bid as defined by Section 287.012(] 1), Florida Statutes, requests for bids 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 "D" Public Entity Crimes Statement. Page 8 of 22 1.25 Bond Requirements 1.25.1 In accordance with the provisions of Section 255.05, Florida Statutes, the Contractor shall provide to the BBCRA, a 110% Performance Bond and a 110% Labor and Material Payment Bond, each in an amount not less than the total cost of the Project. The Bond shall incorporate by reference the terms of the Contract Documents in its entirety. Moreover, Contractor agrees that the following language shall be expressly included within the Ianguage of its Performance Bond: "Surety expressly agrees to be bound by all terms and conditions relating to liquidated, delay and time or impact related damages, and is responsible for any and all warranty obligations or damages as a result of latent defects or deficiencies in the work performed under the Contract Documents incorporated herein or as provided for by Florida law." The Bond must be written by a Surety licensed to do business in Florida and named in the current list of "Companies' Holding Certificates of Authority as Acceptable Sureties on Federal Bonds" as published in Circular 570(amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of Treasury. When the successful Bidder delivers the executed Agreement to the BBCRA, it must be accompanied by the required Bond and required insurance certificates and policies if applicable. Such bond shall be executed and issued by a resident agent licensed and having an officer in Florida, representing such corporate surety. Attorney in fact who sign bonds must file with such bond a certified copy of their Power of Attorney to sign said bonds. 2.0 BIDDER(S) QUALIFICATIONS 2.1 General Directions Bidder(s)'s Qualifications — 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, Bidder(s) are required to submit a complete response to each requested item that follows. Responses requiring additional space should be incorporated in to the Bid as an attachment with reference by item number as listed in the following sections. 2.2 Bidder(s)'s Location and Registration Name: Street Address: Mailing Address: City, State, Zip Telephone No.: Fax No: Email Address of Contact Person: Page 9 of 22 Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: 2.3 Bidder(s)'s History 2.3.1 Bidder(s)'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. 2.3.2 Age of Organization In continuous business since: 2.3.3 Leadership List Corporate Officers, Principals, 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 two (2) years, providing state, case number and disposition for each. 2.3.7 Safety History Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last three years as obtained from your insurance agent. 2.3.8 For each public project completed within the past forty -eight (48) months list: the name of the public entity, the original bid amount on which the bid was awarded, then number and amount of change orders submitted by bidder, the amount by which the final project costs payable to bidder exceeded the original bid. Page 10 of 22 2.4 Organization and Project Personnel Qualifications 2.4.1 Organization Construction Services On -Site Provide an organizational chart during the construction services phase with names of individuals who will perform the on -site functions of Project Management & Supervision, Cost Control, Scheduling, Submittals and Quality Control. If individuals are not full time, indicate estimated percentage of time dedicated to the Project. 2.5 Relevant Construction & Project Experience Relevant experience of projects in which Bidder(s) performed General Contracting Firm services as outlined in this INVITATION TO BID are to be listed in the table shown in Attachment "E" Statement of Relevant Construction Experience. Bidder(s) 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 INVITATION TO BID. For each project listed in this table where Bidder(s) self performed any construction trade, provide a separate table, listing the trades(s) provided. 2.6 Safety Program If your organization has a Safety Program or procedures, please attached a copy to your Bid and note it in your Bid Table of Contents. 2.7 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. 2.8 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. 2.9 Subcontractors If a Bidder(s) subcontracts any portion of the Project for any reason, the Bidder(s) must state the name and address of the Licensed Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors ", Attachment "F" Schedule of Subcontractors. BBCRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Bidder(s), who, in the opinion of BBCRA, will be in the best interest of and /or most advantageous to BBCRA. BBCRA also reserves the right to reject a bid of any Bidder(s) if the bid 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 Page I I of 22 properly under this award. The BBCRA reserves all rights in order to make a determination as to the foregoing. Bidder(s) shall include in their Bid a statement that if selected to enter into a Construction Services Contract, that they shall periodically throughout the term of the Contract, provide the BBCRA an updated list of all subcontractors working on the Project. 2.10 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 the attached certification, Attachment "G" Drug Free Workplace Certification. Failure to include an executed certification may cause the bid to be considered non - responsive. 2.11 Licenses Bidder(s) shall provide copies of any and all licenses, certifications or other related professional credentials held by the company required to complete the project. 2.12 Insurance Requirements Bidder(s) shall provide copies of the firm's General Liability and Workers' Compensation Insurance Certificates with their proposal. 3.0 PRICING AND COSTS 3.1 Construction Services Price Bid and Related Costs The cost bid shall be provided in the format shown in Attachment "H" Cost Bid along with a breakdown_ of costs per C.S.1's sixteen division categories for the project scope the Bidder(s) will responsible for undertaking to complete the project as ep r the construction documents for categories and subcategories as listed in Attachment "I" Costs. Prepare a narrative Scope of Work listing all allowances, assumptions and clarifications within the cost bid proposal. The scope of the Bidder(s) work consists of the totality of the Construction Firm's duties and obligations under the Contract Documents. 3.2 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 BBCRA's sole discretion. 3.3 Permit Fees The BBCRA has pre -paid for the plan review and construction permit fees associated with the project as of the date of issuance of the ITB. The BBCRA will pay the City of Boynton Beach directly for any additional fees or costs associated with the completion of the Project excluding any fees or costs incurred by the selected contractor as a result of deficiencies in performance or oversights in construction management practices. Page 12 of 22 ATTACHMENT "A "' CONSTRUCTION DOCUMENTS Request for Bid documents, construction plans and specifications for the BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT may be obtained online at www.catchboynton.com on CD /DVD disc from the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. 13 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT ATTACHMENT "B' ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT COST INVITATION FOR BID by entering YES or NO in the space provided and indicating date received. No.I Date No.2 Date No.3 Date No.4 Date No.5 Date t der(s )'s Signature Title 14 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT ATTACHMENT "C" BIDDER(S) ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids To: Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 Release Date: Thursday, October 10, 2013 Project Title: BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT Bid Submitted By: Tuesday, December 10, 2013. Bids must be received in their entirety by the Boynton Beach CRA no later than 3:00 p.m. (local time). Bids will be opened in the Boynton Beach Community Redevelopment Agency unless specified otherwise. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redevelopment Agency. Name of Vendor: Federal I.D. Number: A Corporation of the State of: ........... — __._,.. _______________ _______________________________ Telephone Number: {} - Fax Number: {} - Mailing Address: City: ------------- .w ----- .__..---------------------- State: Zip: Vendor Mailing Date: Authorized Signature Name (Printed or Typed) 15 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT ATTACHMENT "D" 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 bid on a contract or provide any goods or services to a public entity; submit a bid on a contract with a public entity for the construction or repair of a public building or public work; submit bids 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 (3 6) 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. i er(s)'s Signature Title 16 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT ATTACHMENT "E" STATEMENT OF RELAVANT CONSTRUCTION & PROJECT EXPERIENCE i Name of Bidder(s): 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business years under the present firm name? 6. General character of work performed by your company: 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: Project Vale Contact Name Phone $ $ 17 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY B OYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT ATTACHMENT "F" SHEDULE OF SUBCONTRACTORS Bidder(s) 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: BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT Issuance Date: October 10, 2013 Bidder(s)s Name: Name/Address/Phone of Type of Work to be Subcontractor Performed Dollar Amount % of Total Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: 18 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT ATTACHMENT "G" DRUG -FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug -free workplace programs but it is not a requirement to submit a bid proposal. Whenever two (2) or more bids, 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 bid 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 bids 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 Bid 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 bid, 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. Bidder(s)'s Signature Title - 19 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT ATTACHMENT "H" COST BID Project Title: BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT Name of Bidder(s): We propose and agree, if this bid is accepted, to contract with the Boynton Beach Community Redevelopment Agency, 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 MillerSellen 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 Bidder(s) agrees to accept as full payment for the Project or Identified Portion of the Project. GRAND TOTAL: S Dollars and Cents (amount written in words has precedence) The undersigned Bidder(s) 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. One (1) Original, one (1) unbound copy and one (1)CDIDVD of bid 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, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. 20 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT The Bidder(s), by and through the submission of his Bid, 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 Bidder(s), by submission of this Bid, acknowledges that the Bidder(s) has been advised that in the event that the Bidder(s) contests the award of this Project to another Bidder(s), the Bidder(s) damages, if any, are limited to actual Bid preparation costs, and Bidder(s) hereby waives any claim it may have for other damages coming from the Boynton Beach Community Redevelopment Agency's failure to award the Project Bidder(s). Date Name of Bidder(s), Corporation, Firm or Individual By: Signature Printed/Typed Name Title Telephone Number Florida Contractor's License Number: 21 of 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK SITE IMPROVEMENT PROJECT ATTACHMENT "I" COST BID C.S.I. DIVISION BREAKDOWN r y flr 1 s t i >r t 17 1 r £ s � 1tt( b`l of tll `Sifitt' Ge�ter1 .,t 7 ,o-,it,yt � ! t ti t 11 a 1 is s g r t DIVISION 01- GENERAL CONDITIONS DIVISION 02 - SIT DIVISION 03 - CONCRETE DIVISION 04 - MAS DIVISION 05 - METALS DIVISION 06 - WOODS & PLASTICS DIVISION 07 - T & MOISTURE PROTECTION DIVISI 0 - DOORS &WINDOWS IVISIO 0 - FINISHES IVISI 10 - SPECIALTIES DIVISION 11 -E UIP DIVISION 12 - FURNISHINGS DIVISION 13 - SPECIAL CONSTRUCTION DIVISION 14 - CONVEYANCE DIVISION 15 -MEC FIRE SPRINKLERS PLUMBIN HVAC DIVISION 16 - ELECTRICAL SUBTOTAL:? ' B ond General Contractor's Fee General Liabill Permit Fees (Inspection fees or similar fees encountered during the construction phase. Owner to pay all other permit fees directly to the City outside the GC's ro °ect cost. 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H q j�' � j WI '1 '11 ip 0 IiR 'W" 14 ml is N 5 16 Wilp -H m 9 II -ji J LU zm) 0 w - - - - -- - E u 9 WI g ............. - — ------ . N ......... . OF 2 1 . vuvW joqjtH uoju�oq NI(Ilifis 2SFUSVN ID 0 Igs, ------------------------ ............... .................. - ------------------------------ - tpuqd 'q,.. R v%mIN joqiul-I uoju,CoH kin ii --.—. 7 ----------------- — --------------------------------- PM Y ii uuTle" joqxeH uo)u Xog tn oNfclllflg IdaisvIN NDOG . . . . . ............ lz v ATTACHMENT 11 I n I 1 9 j r I v 4 �� xtktgrNli ; is ri n W" . � �(`� � +�� "� ii rs rrrr t ttt�. lsrr,�a�� e, n , {4 � j Sltr ' SAE C IN rU' or, e V I! V fie r i I fl k G !I J111 I 1, � seeflW" Name Section No. e ,a 2 I { 13idd Qu allflcations i s)'s Location and Reg istration 2. i s)'s H istory 2. Org anization and je Personnel Qualifications Relevant Construction & P roject Exper ience 2 Program Quality r '7 Schedule c i ern t Program Subco ntr a ctors Ion 19 D ru g -Free Workplace Certification Licenses 2 „1 Insurance Requirements 2,12 Pricing and Cost 0 J 2.1 General Directions Bidder(s)'s Qualifications - Responses to the following are to be provided EXACTLY with the item, paragraph, a n d s ectlon numbers shown hereinafter. Qualificabon information submitted shall be applicable only to the company entity or branch that will perform this work. Bidder(s) are required to submit a complete response to each requested it M follows. Responses requiring additional space should be incorporated in to the Bid as an attachment with reference by item number as listed in the following sections, 2.2 BIdder(s)s Location and Registration Name: Coligge Design and Construction GrouD. Inc. dua The Collage Companies Street Address: 585 TechnolQgy Pa* Mailing Address. 585 Technaiggy Park City, State, Zip: Lake Mmy, Florida 32746 Telephone No.: 407.829.2257 Fax No: 407.829. 58 Email Address of Contact Person: dtdndadeftl!@ge Federal Identification No.: 59-2143N9 State of Incorporation & Registration No.: Florida & F63841 if not a corporation, explain yours s: NIA 2.3 Bidder(s)'s History 2.3.1 Biddeqs)'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, January 20, 1982 2.3.3 Leadership List Corporate Officers, Principals, Partners or owners of your Organization with titles and addresses. If a publically held company list Chairman of the Board, CEO, and President. Brian A. Walsh, President and Secretary 585 Technology Park Lake Mary, Florida 32746 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. None 2.3.5 Liquidated Damages List each project your organization has, on an awarded contract, paid liquidated damages and the reasons why. No 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 two (2) years, providing state, case number and disposition f o r e ach, None 2.3.7 Safety History Worker's Compensation Rate List your organization's Worker Compensation Experience Modification Rate (EMR) for the last three years as obtained from your insurance agent. The Collage Companies Experience Modification Rating is: 2010 82 20111 85 2012 88 2.3.8 For each public project completed within the past forty-eight (48) months list: the name of the public entity, the original bid amount on which the bid was awarded, then number and amount of change orders submitted by bidder, the amount by which the final project costs payable to bidder exceeded the original bid. Bldg V Chiller Replacement $111,900-00 100% Seminole State Collage, Greg Long $0.00 CO's (0) 100 Weldon Blvd, Sanford, FL 32773 Stetson —Sage Hall $610,000.00 100% Stetson University, Albert Allen $0.00 CO's (2) time extensions Deland, FL 32723 Stetson-Cove Apts $785,000.00 100% Stetson University, Albert Allen $1,540.00 CO's (1) Deland, FL 32723 Stetson-Conrad Hall $400,000.00 100% Deland, FL 32723 $0.00 CO's (0) Spec Martin $3,012,000.00 99.9% Stadium Improvements $15,747.00 CO's (3) City of Deland, Keith Riger Deland, FL 32720 386-626-7196 Markham Woods Presbyterian Church $2,212,502.00 99% Administration and Education Bldg $-17,099.00 CO's (5) Markham Woods Presbyterian Church, Pastor Joe Wendorph Lake Mary, FL 32746 407-562-7401 Fitness Center $1,500,000.00 10% The Body Club LLC $152,138.00 CO's (1) Orlando, FL 32825 First GREEN Bank $1,700,000 10% First GREEN Bank $307,304.00 CO's (1) Mount Dora, FL 32757 orww"e-of fin ""',J . . . . . . . rn TT 2.4 Organization and Project Personnel Qualifications 2.4.1 OrganIzation Construction Services On-Site Provide an organizational chart during the construction services phase vAth names of individuals who will perform the on-site functions of Project Management & Supervision, Cost Control, Scheduling, Submittals and Quality Control. If individuals are not full firne, indicate estimated percentage of time dedicated to the Project. Project Executive Brian & Walsh, Mr. Walsh 011 be the leader of the conhoctual relationship with BBCRA OBIA,LEED AP: BD+C and will be the single source of re6ponsliblifty for the team pa ante and total dient satisfaction. Parm"a of Time -1 S% Pro-Cona YAU hmEan Steve Pinyot Mr. Pi handle all pe-conaVuclionloonstrudon services and v.;Ih Al Sr.Prol. Manager stay lnvdvod h the pn*ct from start to completlon. He vdll assure that the proect ramains an b4st and schedule through all of oonstructIon and final oornpletidn/closeaut. Pwcw4e of Time - so% cr,-Sb Project David U Mr. Trindede A handle all w-site aclivitles on a dally basis to Inckide Superintendent safely, qualky oonlrol and subcontractor performance, scheduling and adherence to plans & specificalons, perosn"G of TIM - 100% CD!ntrad Dawn Baske Ms. Bake Is the oonstrudon administrator and handles all procewN of Administrator contracts, purchase orders ffW projed der 'on including Submit- tals, RFre, Safidy Control and Reporting. Peroanlai;e of rime - 25% Document Control Dane Stephens Mrs. Stephens will assist Ms. Baske to ensure all dmwmnts are properly organized and processed. Peroemw of TMW - 35% Pry ectAccountant Dam Click Ms. Click will serve as the accountard on this pn*ct. Percentage of Time- 25% ORR(IMIUA 110 N A N D P R 0,J CIF P R,,8, 0 N 61 E L " ' '5 E".`C "If 1 N 2A d BOYN�TONrl e ift"'BEACK.I.....CRA (D VHB MILLERSELLEN F IN wt Q0II"'@,s"LA%L: L Vii Brian X Walsh, DBIA, LEED AP I INNIN President af The Coll op Cmpaniffl LEED Projecl Principal 1 Steve Pinyot w 1t Vice President, of Cdlage Companies Pre-construction Project Manager I Project ExeciAve Off-M Down Beske awe Pinyof ConuadAdmInIshalm Senior Pr*ct MaRaw Diane SM Trindede phens David DwumentComrd Dmn Click LOCAL Cd t nn U e -Tq� 17,, )r�" ,ift v'% I, '0 A b Ak di � L " , , it " " , 1,"i ,it -;', t , P", 2.5 Relevant Construcflon & Project Experience Relevant experience of projects in which Bi dder(s) performed General Contracting Firm services as outlined in this INVITATION To BID are to be listed in the table shown in Attachment "E" Statement of Re Went Construction Expedence. Bid der(s) are to exactly reproduce this table in it responses with infbrmaUon 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 "riot 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 INVITATION TO BID. For each project listed in this table where Biddeqs) self perfom*d any construction bade, provide a separate table, listing the trades(s) provided. ATTACEMM"V STATEMM OF RMAVAM Co ON & PMOJWT EXPMUENCE 1. Naw of Biddw(B)- Collage Design and construction Group, Inc d/b/a Me Collage CoWarises 2 585 Technology Park, Lake Mary, FL 32746 3. NftnOrpaind: January 20, 1982 4. %= hwoqxwded: State of Florida 5. How n=y ycm hm you bow cnppd in die aDnkuting busimm 31 YCM under ihe P=Mt fMM Dam? 6. Gonen] dmeur of wak pmfmmcd by your emnippy: General Contractors, Construction MM22EE, Design Builders 7. Enckoc widence of ponenion, ofnVimud Scam= anNor t=in=z pftwift. & Miumber efEmpkyyecs-. 11 9 Backgxouad and =Tcricom cfpriuchW munbom efyour pmonod (° ins affiom� 10. Bonding Cvadly: $15,000,000 single, $35,000,000 aggregate range It. Have you mer dcfiubW an a conftmd? Us% whm aid sty2 yes x No 11 EVaimw in pm&nn== Brelm S YAUS rMind &MI 111=2 Northland $ 22MI1 Marc Mc)hxrin 407-830-7146 LYnX Central Station A 2 David Gorden 407-716-3240 Lynx Operations Facility 220mil David Gorden 407-710-3240 orwnge 407 jMP4 C emil Robert Ster -339-0223 Spec Martin Stadium $3mil Keith Riger 386-804-0578 17 of 22 BOYNTON BL4(xC0MMUNrrYREDKVELOrAGM AGRWY BOYNTCNKAPJMhMRn-TA HARBORMASMBLUMM & nML DOCK ME IMMOVadENT PROJECT W r, W C a ", a Go 4 J"s. a a ot 'Z"" F v'L FILAdE, A , 1 �1 ' 1� . . . . . . . . . . Wage consbucts a $40 n ion project for NofflancL A Church Distributed as the church focusm on rmebng the needs of a growing and changing congregation. The now grade school minishy building consists of a 20,01M SF Mo-story state-of-the-art therned education bufldng that YWI feature a unique Wend of education, enWainment and meefing space. The now 3,000 seat Sanctuary will be one component of a now 140,000 sf building along vith a fbyer the s of a boball field, prayer rooms, 25 classrooms, a bookstore, a ceS, a child l2ayground, an oukloor gathering space for events and thestrical perfimnswes and more. Additional daments of the project include enhanced communications technologies that vA aflow Northand to both connect to current mull- 911B locations at Lyman FlIgh Schod, Mount Dom and West Oaks as wall as locations across the globe in places such as Cairo, Egypt, Nodhisod A Church Distribited Longecod, Floft WHIM God's Way Ogden, Utah ABC Excellence in Conshmdon Eagle Award WFX Solomon Awards Best Church Design Expansion Project, Best Special Project and Beef Digical Church W"I 1, k'A Or:ando Rorit', to , S' This 24-ure mUMse faclitf located at the cmer of John You Parkway md Princeton Street in Nando, consists c( six bull s, 14 acres of Bus Parking aW Is designed to facilitate el maintenance and Wing for the LYNX Root and Wso p"Ade ruin ti support The 119,400 8F d maintenance and acirrildsimbe buildings includes a vvorkout mom, Wxxw WiNa and a 'quiet room" for to dt and relax before their shift The Wily has a separate bus-washing building, W*h houses im bays and vA be ado to park 200-250 boo on the proWty and still hm 227 spaces fore cam on a separate lot. The Wlity vme built ulizing sweral comiruclon techAues Including Split Faced Masonry. Pro-Eponeered MeW Buildings and Tilt-Up Consiruclon. A complex underground ftastucture serves this, and adjacent facliltim. 0-o"I'm Ce*d Flo dch R000nd T AuUw* Orlando, RWWQ Q.ifnz-g Em* TedL Ir. Orhyxio, Fladde vwvm" Ov Cc Hm gps "u, a 0 g } A, 0 9" II A This prqed, located on the South Fork of the St Lucia Fwar, was the conversion of a 182-acre forest inb a full operational Regional Part. The site mquired prolection and preservation of sensito upland and valland systems Al most one-half The site reffWned passive, Volected parkland. Due to the location oft eft, heavy en#asls was placed on the deogn and wnstruction of both underground uffillies and roadwrk. The park included 3 new bwdxA Idds, 5 soccer sports fidds. 10 tennis courts, indoor rdler hockey, and a W playground. Aso construicted Yme 3 concession stands, a m6intenance building, 8 picnic 9heltoM bating caps and a nahn wdkvmy, amtk plants, removal and rdocalon d eDdsfing Ireas and 230k cubic yards of importedfill. �Nlll xd Mn County Board ofCounty Commiedoners SIUK Rorwa dNV4t Gatling. Jackson, Kercher, Anglin Lopez & Rinehart, PA West Palm Beach, Horlds RE',LE,'A,fAtj, CONVY'RUCTION & PR(')JE",c'r ExPEAUENCIE SECITIC-� 2.5 ;,Y!'4',,X CENM AL ST"AT40f4 (Nnuntx"� T " 2 Lynx Central Station, built to mod increased demand for Lynx saMce, is located in the hmwt of dmnbm Orlando. It is a pe"n part of five dye ever-growing *Aine. The $36 million RM r0on mWn City construction) fadify rqJaced the sMng dDvmtcwn station. The LCS Includes an 18,000 sq. it dr-tondfonad seeing am for ridiem Wlh 2.400 sq I for relall cleveloprnent. Piders how a wealth of amenNes to erjoy as they wait to make it con nectkn. The conigwatIon of On fwARY9 bus bays and walkways alima passengers to s9dy rrwigale betw%wn buses, Ard Wth a state-d-the-art lighing system, rkkn are certain to fed secure and cormbdable at night. C"W Rxide Regional TranepwtabonAutherly OdandD, PaWs Wnw, z Earth Tech, Inc. Odando, FaMp Anawd HAmn Hufley Owvat NacocIdAchlects, Inc- Mahland, RoMe eK With a master plan that covors two phasee of consituctim Orangewood Presbyterian Church Is mcving through the design dovelopment fora newsoincluaryfacilty, an educalon building, an dice building, a youth addition, related site developmnt ard renovations of exming gymnasium and educallon buldrip. The now We-story 5D.000 sq ft aducalon txAdng includes facilities to accornmodge high schad sludents Witi four state-of the-ad science Jobs, a made center, 24 classmorrm, aM a 10 morn Chilciren's MnWjy aMfion for Orangewood PreZylafian Church. The two-ebry eMansion of appradmdely 10,001) square W houses the now affielic center on the first floor, which includes a weight room end locker rooms. The second ti will be the home of Or2ng&AK)od Presibyterlan Church's sludmi mi rift. The mMng building vm renovated Ile have a new caleteriaAdtahan wA separate choir, band, art and drama rooms. Ovow Orangemod Prasb*rian Church Mallbrvd, RoWs RM 4� BGW Services OgdeR Mah vr('vw .epwltav* tusa"Corn U4 DELAt4b, FLOW& i i4 The Collage CompBries provided design and construction services for to improvements tot adsting Spec Martin Stadium complex In Deland, RoAda, home to Stallson University. When Stetson UnWrsiiy decided to begin a football program at the university, they approached the City of Deland and negotiated an arrangement to play all of their home games at Spec Martin SbI The only stoistion, improm the facility and have R readyfor o12013. Then improvements a brand now four story press-box Wth suites for the President and irpAted guests, coaches, made and a rod-top camera deck. In addition, 5 required that a brand now home locker room be constructed along WIh a training roorn, coach's mom, mI room and reforeas room. CollaI along vAth otherfuns submitted closign build proposals for this project ard our Irm, after evaluations and presentations, Iwas selected to design and coI these improvements, The design of the press-bax presented plenty of challerges as the building is ac placed behind the poured-In-plue conorsto grandstand To accommodate the design, our team had to develop a retaining well optem to hold the wdsting arandotand in place while wa excavated below grade to corns the mat foundation and elevator pd. We accomplishad this by drilirQ kw ram of aligercast piles creating a below grade foundation MI. Once this wet vme constructed, m were able to 9=vata for the construction of the four story concrete, masonry and sted priess-box. The locker room facility included the complete renovation of the existing fact] ity along with now structures to support the homs team. The training room is equipped with lead-lined walls to accommoclate the x-ray equipment. During the conshiction of then facilities, The Collage Companies was awarded the complete silework package (through a tiffve bid process) consisting of asphalt and grass parking, ab Allies, retaining wells, pavers, lencing and related Yxrk. Thee re project was completed in is for the opening game of Stelson's Inaugure! football swoon. While Stetson won their JIM home game in their now stadium, the entire project was a winner for The Coll ap Companies and our d l ts_ 0fillew of Wand DaI FlorW& Amhkevi M Oftr PI Florido W winfv- C 0 1 � us"A'Cof"mi F", C's U '� F"" 1,," . . . . . . . IZZI E R I. MEE E-E, 2`1 P A RK, Florida 'W ol"l Ahw Breeze Perk In DakhM, Florida is a beautiful public park located an the InferoomM Watarm,my. The first phase of the 125-acre prcied included the complete site vmrk induct ng allies and landscaping as well as the construction of 35 am of recreation areas, paitilions, campialtes and resirmnis. Cariskudon also included tm boat mffp, a boar&dk, and a fishing pier, Rhw B Park is M hallmark of Wusla County, valu* DaLmno, RodAm ffrmbz SM-mv Habofthfteft Dibrmb, Porlds -A'M(o ""r" t'mr 2, *$,3 x P r )I, 1'c v " Fmnder, Pry Jent, CIE.') i Collage :.Orrpqnle.S PROFESSIONAL EXPERIENCE 34Years Industry Ex*BnGe Bachelor of Architecture, 1970 UnIversily of MaN UP Wded Gmeral Contractor GUCM81 8 a Licenses: Florida, Virginia sy, DBIA Design Buld Professional o LEED Accredited ftfessionli "iMy brI1 fs that OLC c-mp;irrj nLeds to earn and maintain vour trust. 'We can de that T1,y our commitment to unlqna soWtfon5, rtMegrlty, exa0lont service and an urieqw+ J attention to detafl." PROFILE IMan A Walsh, is the founder and Presideni of The Cclage Companieti, a design build, integrated services firm that is an established leader in the wris lion industry headquartered in cantral Florida and woddng throughout the Southeast. He has directed the Ws acf0es and rapid groyAh tamrds quality and excellence since 1082. In 1981, Mr. Walsh became a State of Florida Carlified General Coritimlor and holds licenses in Flcdch and Vrorda. He Is the recipient of ceffication for Passive EwW for Bulding Design. In 2DO3 he was selected as a charter member oft DeQn Bold Inslifide of America (DBLA) Designated Prdesslionds as YMI as becoming a L Accredited Professional, He has served as an wNtralor and as part of a panel of arbitrators for the Amarkan Arbilidan Association. He has served as the C of the DBIA Cwt[Won Board, served on [he DBIA National Board as well as remaining scilve in many other ice religious leademhIp rdes. Mr. Walslfs design and construction projects have von numerous aNarch and his learn work approach to problems ling has posiflonetl him in a leadership role for 41 phases of design and construction management for traditional and alternative methods of ddM" for a successful "ect. Mr. Walsh's experlwices have induclod client relaticins, contract preparation and negotlaboR pre-construiction wMces, logistical planning, p&Tdt expediting, cost and quality control, operations; management, dispute resolution and real estals development. Hs adensive knoyJadge of idly integrated wivices and years of successful design buld projects make Mr. Walsh an Industry wpert W khcW@* of design, construction and quality detailing are a trerrienclous benefit to di" arid can proAde Ownem Wth swAngs and the rnwdmurn buildng for their investment. Since early In his proliassional career Brian has focused his business Iffe around having a bollorn line purpose as wall as a bottorn line profit I-b business Is Us minift and he continues to give bark to the central Rorkla. community and beyorid. lie qxxisored a Teen Challenge Golf Extravaganza from 1%8 thru 2003 and rdsed almost $500,MD lo fund the new Student Ufe Center wd then donated construction miinagement swAicea; to cmstruct the pr4ect. He has been a corporate sponsor as wall as a board merilber of The Sanford Rescue Mission for rnany years as vmU as a member of the adAsory board of Christian Help Mlnl*ku. Recenly, he founded Eking Change Ministries, a inission devoted to helping the 'neof hornelm. He has bow tnerried for 28 years to his Wfe Dianne and they how 2 children. They attend Northland, A Church Distritiuted and Dian spends some Wma each yew on a inission trip to Central America He has traWed to Guatemala and Cuba Wth Misdonsy Ventures, Mr. Walsh has been Published in several magazines and industry joumals and is a requested speaker for Indistry and commuNty groups and organizations. � aq,�r, 4" 1 - s� i Resident, CE-) i tie Cofiap Gornparmes RELEVANT PROJECT EXPERIENCE (PARMAL LRRW Mora Regional Park Dior Boulevard Park, West Palm Beach Helpalokee R oW Park, Stuart Jessica Clinton Community Park A McChesney Park Northshore Park, Miami Beach N Torino Park, Poit St Lucia ai \411 age Park Wellington Reiter Park Impmements, LongwoW, RWda and, 'A Church Distribute Berneintary Education Buldng Oranowwd Christian High Schod, Mailland Universo of North Florida, Fire Arts ODmoey, Ja cksonville Florida Extruders, Swftd Florida MU*IPW Pmw, Cdando Kenneth AL Bmgg, Vo•Tech CDmlplex, Tavares LYNK Central Station, Orlando LYNX Operations Fechiles, Qlando CalveryAssembly of GA Winter Park Calvwy Temoe of Praise, Sanford Church I n The Son, (Mando FlrStAssennbly of Ddan4 DeLand First Baplist Church of Saftn� Sanford First Presbyterian Church of Mail and, Mailand Lakeside United Methodst Church, Lutheran Ministry In Christ Coral Songs Northland, OA Church Distributed` Sanctuary, LaWDDd Crafloefflod Presbyterian Church, Mailland St. Paters Wiscopell Church, Lake Maly Wddva Assernbly of God, Lonpood AmenSuiles Hotel, Kissimmee Celylzo Coy Vacallon a ob, Kissimmee Oountry Inn a Sul les Hold, Kissimmee 41, Crossland Booriworny Sullas HoW, Plantation Edended Stay America 1-16W, Dwfidd & Plantation Bel South MdAify, Lake Mary %t City of Pod St Lucle City Hall Improvements, Port St. Lucia Orange County CorrsdI wA Fadlily, Odando ji, Balhum-Cookman College Husinessil-lospitality Buildrig, Daytona Beach Christian Home & Bible School, Mount Dom Belhurie-Cookman College, White Hall Pham 1&2, Daylona. Beach District Office Duldng, FDOT District 5, DeLand Downtavm Amidernic Center, UCF, Odando Fed" Courthouse Buldag, Oflamb w Greater Orlando Avl;eflim Authority, DA, Orlando Flayhead Eye Center Biscayne Djagnosk Imaging Casselbarry PediaMts 81 Lake Mary Co*e Medcd 0111ces It, LICIF Health Education Facility wwww' V"" "'4 kage-vo, so" Vj UN I —Umy 4 I B &Iwd = . G 016yj wjflapW v XV Bethuro4Cookman CdI Businesaftsplality Building, Daybona Beach v, Christian Home & Bible School, Mount Dom v Bethu Cd loge, it Hall Phases 1 &2, Daytorm Beach N � District Office Building, FDOT Dishict 5, Del-and N 1""- 3 Downtown Academic Center, UCF, Orlando my Federal Courthouse Building, Orlando N Greater Cdando Aviation Authority, OlA, Orlando V Bayhead Eye Center 0 Bismyne Diagnostic Imaging Casselberry Pediatrics Lake Mary Centre Medical Offices of UGF Health Education Facility AFFILLATIONS Juclge: DBIA Southeast FWcnd Student Cdirnpafifion 2013 Jucoo DBIA Stale of Florida Proact Awards 2012-2013 Board Mentor of DBLA Nialiona! Board of Direct= Z)1 1 Chairman of Neflone! DBIA Certification Board 2010 Honorary Lifetime Board Member, Rescue Outreach Mission of Sanford Board Member, Islego Ministries DBIA Professional Designation Board 2007 2008 DBIA State of Florida Treasurer 2005-2DW Chairman DBIA State of Florida Membership 2003-2004 Chairman: Central Florida Buldbirs Exchange Chairman: Sominde County Prayer Breakfast AWARDS 21311 ABC S-T EY Gold I" Awarct Excellence in Consruction Safety 20I 0 ABC S.T.EP Gold Lovel Award, Excellence in Con*wUon Safety 2009 GoIcIan 100 Ufimaie GECYs 081 = ABC &T. EP Gold Level Award, EYcelence in Con*uction Sdety 2008 ABC Excellence In CcinstrucKon, Eagie Award, Noffland, Sanctuary 2008 OBJ - The List - Central FL Largest Construction Companies 49 2DD7 (Mando Business Jourrei — Utirinate CEOs 040 2007 WFX— Best Church Design - Nofflar4 Sanctuary 2007 WFX — Beat SpKW Project - No Children's Worship Wing 2007 WFX — Best Digital Ch urch - Northland. A Church Distributed, &mctuary 2X6 OBJ — The List — CenN Floridians Golden 100 043 20n6 ABC Ecellence In Constmdon. Eage Award, Nalhiand, CWW 2DO6 013J — 7he List CankA Fl odcWs Largmt CDnstruclion CompanM N7 2005 ABC S.T.E.P Gold Level AwarA Exedience in Construction Satty 2005 OBJ — The List — Centel Fl. Largest ODinstsuclon Companies #13 2005 OBJ — The I-Ist — CenhA Florldigs I-sirgest Prqects Corroeted 018 2W5 BGW Buildw of The Year T 2OD5 ABC Ewdenoe I n Construction, Eld G PuffA Lynx Centrd Station 2004 ON — The List — Central Fluids's Lmgest Projects Underway 019 20134 ABC Excellence In Construdion. Ea& Award, Sernincle Jmnle Justice 20134 Downtow Odando Partnership, Avwd of Excellence Lynx Station ZM ABC E)melence in Constructim Eade Award, Lakeside Fellowship 2001 AIA Award of excellence, Municipal Power Agency Headquartas 2DDO AIA Design Awarid 20D0 Central Florida's Top 26 Construction Firm (Orlando Business Journal) 1998 Top 100 CorripaNes for Working Families, Central FL Farrilly Magazine 1997 Wdan Rdck Award 1997 CanN Horida's Top 25 Constriction Firm (Nando Business Joumd) 1996 Remodelling MaWne Top 1000 — Rankeci 68th in ft cou* 1989-1990 CenM Florida Magazine Design Avwd 1988 Golden Brick Award 1986 Outstanding Concrete Structures in Ronda . ... ... . . ... M" Found�-.r, Pres( d-um, CEO The Coqwe Comp-des fiRk 1984 AIA Award of Honor PU13LICATK)NS 2012 U.S. Bulders Review—Odlage Sham fts Exinfience of Successful omwill 2D1 i ABC Con Executhm — College Shares Its Expenence to Help Wth Church Gmwth 2008 Ministry T Most Innom five Churth Buldro in America,Northlend 2D08 RaW Estate and Constrw5on Review — Northland 2007 Religious Pmduct Nem Infabon Arlide by Wan Wel sh 2006 Red Estate and Consirmfion Review — Lynx 2006 FRIPA Journal — McChesney, Jessica, Elks, North Shore & Ad 2405 Featured in Metal Rooting Magazine, Lynx Regiond Center Odando 1996 Remodeling Maine Top 11000 — Ranked 68th in the country 1990 Central Florida Maga2ine Design Avffd CdlagdCM: Construction Management as Advisor or Builder. White Paper Vision: The Crucial Role of Vision in The Building Rocess, White P "d 11�' V', il(ez it ent of Pre.-ConstiuoVvT l e F Sri EDUCATIONALF Bachd or of Science — Uvi Engimearl ng 1982 — U . 11y of Pittsbuigh Certifled Generall OonMor OG OM469 30 Years Eqxrlence. haV2 a strn; phillemphy fo: ' , infef� Ety. Not orify we r!� ,;tile to ffi ta;!, e tail. in cur perscni-I ar.c: work en6,eavor;, -�,ve h3v--to allo k ablr to walla the talk. end prcducz- result,.• Stephen J. Pinyol bepn his construction career with the Tumor Corporation in CleWand. Oda In 1982. Beginning as a Field Engineer, Steam quickly rose to Project Engineer on the$33 Million Ede Insurance Excharip prcject Wthin thefiffat bee months of employmenlL Upm completion of this wnrd-Wrining project Sbm was assigned to assist In the opedng of Turn&s Orlando, Honda oMcq. Sieve quiddy band We rdche in the 'Pre-Construci on end of the business. During Steva?s lanure at Turner, he safirnated and secured over $150 Million In project awrda ($1100 Million through conceptual estin tin g). In 1989, Mr. Pinyot joined forces YO Mdlon Stood Construction. Steverdanad to hIs hometown, Pittsburgh, PAin 1991 toaccept acorporab position as ManaW of Business DeMopmord for the companys De3igntBuld-Cminudlon Mairogement D*Ion. In IM SWe was promoted to Chief Estimator of Ithe newly fanned Interrational Wsian where his dDpmlnmnt was successful ins uring a number of projects in Kuwalk Saud Arabia & Taiwan (ROC). Stave joined The Collage Compartles in 1995 as Pro-Consinuction MwaW. He is currently Senlar Vice P and Construction Manager. 811mm is responsible for con*ucbon management and operations bough any WNW methmi: construction management, general contracting, desigribuld or dasignibidbuld. In addition, he dreds proW adrdnistradon and execution of priojects Wth prooct bams through clear communication skills. Stan coordinates viih each project manager to allow a smooth transfer of iftmalion about prJect deWls, schodulirg, cast and sub contrackY propmails, as wall as managing the overall project schodde and adherence to conlined performance standards, KEY PROJECTS D RMter ftk I Oty of LonqNood, R orlda 1141 Dyer Bod evard Park. West Palm Bewh Pierson Commurilty %rk, West Nrn Beach Fort Pleme Irillet State Recreation Arm, Fog Pierce Sebastian I Hell Ro*oom Location & Museum Ranger Station n lRivarside Park, Now Smyrna Beach Rveffinme park, 08khill FlIsIpailickoe Regional PvA, Stuart Milage Perk, Wellington Jaa*a a Inton Commundy Pads Torino Park, Part St Lucte IkChesney Park, Port St. Lude 3wmvay A mAng & Amenity Improvements Complex Lawnwad Sports Complex, Port St Lucia County et, Plainiatlain Central Park Plantdon Viera Regonal Park, Melbourne Jwk Leighton Park, Martin Cou* Wealem an lion "shore Park, hMami Beach O's-a's %.x' am 1RU`.AJ & PR(2JEC'1 2.5 University of North Florida Fine Arts Cow0ex, Jacksonvile F DeLand 011ice Ren Florida E*udws, SWord Florida Municipal Pow, Orlando LYW Cerhd Stabon, Downtxm Orlando & Operations Base, Orlando c'l ArnefiSuites Hotel, I(Issimam Bla* Fin ReMaurant, Heathrow CalypsoCayVacationaulb, Kissimmee Chill's Bar and Grille at Orlando International Airport, Orlando Country Inn & Suites Hotel, Kissimmee Crossland EcDnorry Sutels HIDW, Plantation Extended Stay America HoW, Deerfield & Plantation ACCO Building Products. Apopka BellSouth Mobility, Lake Mary City of Pt. St Lude City Hall Impi Daytona Beach Airport Homeland Security, Daytona Orange County Correctional Facility, Orlando Punta Gorda Fire Station W% Punta Gorda Swindle Counily Juvenile Justice Center, Sanford University Sclerm Center, Orlando Bethune-Cookman College Bronson Hal I Dormitory, Daytona Beach Bethune-Cookmen Call Business Flospitality Building, Daylona Beach Both une-Cookman College White Hal, Daytona Beach oni, ChdsUan Home & Bible School, Mount Dora Forest Lake Academy I", Altamonte Springs Mani Dade College, Multiple Projects, Miami Mari Norland Senior High Schod Noffland. % Church Distributed" Bamerdary Education, Longumd Orangewood Christian Figh School, Maitland Pat m Coast High School, Bunnell State Schod T.T., Miami U0F Dowriftmn Academic Center, Orlando 6 Cievary Temple of Raise, Sanford "R Church In The Son, Orlando Covenant Presbyterian Church, Oviedo Ddtona Presbyterian Church, Daltrina First Assembly of Deland, DeLand First Church of God of Vero Beach, Vero Beach First Coast Baptist Church, Jacksonville First Assbytedan Church of Mail and, Maitland Lakeside United Methodist Church, Northland, 'A Church Distributee Sanctuary, Longwood Orangamd Presbyterian Church, Maitland Piver Oaks Presbyterian Church, Lake Mary Seven Rivers Church, Lecanio TBN Virtual Reality Theater, Pembroke Pines 4k The Gathering Place, Sanford EDUCATIONAL EXPERIENCE JW Palm Beach Commuinity College (CM) w 29 Years Field Experience Certified General Con Iractor "U,ecause I started at the bottom � a hammer in r,-,y hand, r bring a sp-ed.-I, kind of insighT to the job-site. I kr,-Dwl worker'.' f kno how to spot the best and watCLP the rest." Mr. Trindade began his career as a Construction Superintendent 29 yam ago as a journeyman carpenter. After thrw yam, he began his career in management by going back to schod, achieving his contractors license and fan g a job as a project mnager for a South Rofida firrn. Mr. Trindades exiparience is very diverse but his specific skills Include: design nnrlew, budget estimating, life de oost analysis, constrwillon scheduling, quality control, cost control, change order neplation, claim managernent, dishibulon of informiation, accounbahlity, direct materials purchase and management, project dose-out and transitim Panning. Mr. TrIndaft has vxfted using the designkuld rnethod on several projects for Cd1W Mr. Trindade brings special communication skills and many yam of divarse park cmsirucion eVerience to The College Cornpanies team, PROJECT EXPERIENCL Spec Martin Stedum Irnprovements, Deland, Rofida Jock Leighton Park, Palm City Western Park, Parkland Halpakies Regional Park, Stuart North Shore Park, Miami ti)i Seaview Tennis Center Jessica Clinton Community Park Torino Park McChesney Pat a Sporlsman's Park East & West IF Lyngais Park Rotary Perk Girl Scout Pad( Fred Cook Park Parks and Recreation Department Maintenance Yard Dugout Replacement SancNi Crane Park Softball Field Renovations Greemay Planting & ArnenW Imimwwwts Complex City or PL St Lucie City Hall Imprmments W Street Parking Lot PSL Sks Pat, Lodge 2658 St Lucie West Midde Schod Entr and Bus Loop City of PL St Lucia Hurricane Repair Work St Marys Cancer Pesearch Cotter I St Mwys Hospital JL#W Township Emergency Operations Center, AOW Bdan Isles Counkyaub. Palm Beach Gardens Bear Lakes Counhy Club, West Pdrn Reach RWaI Pdm Beach Library, Palm Beach County EDUCATIONAL EXPEMENCE Assodate of Arts Degree — Sedriole State College �w 31 Years Experience 8 Years with College a state of Horide Notary Public r firrr4y believe in an uncomprom sing commitment to integrity and a.-:cellen-e in all my endeavors, aid a :Ornmitrnent to quality in all the k-ork done by our company arx! the sub::C under our supervislon" Ms, Beskds experience in ft cons"on industry includes permitting and smong plans Her responsibilikm inn We pre-consirmfim and contact adrn iris tralon, safety adrninisllrabr, and warninty adminisfrator. Dam utilizes several computer programs to coordinate Wth Pro*t Managers reg"ng pina-construction requirements, bonds Ansurance, muner conkact% sub-contractor agreements, government requitements, and warranty issues for each projwt Dam vA proAde. the necessary assistance to the project staff of cornoeflng reports, pvWng rrinufas W meetings, updating logo (W" drmMngs and RFrs) and so on. She 0 ays a key role in seeing that W of the prcqed IniormaDon onknW Into our 'Project Management System! This splem is a corlporalle Wde 'Clostofff piod management system which primarily prWdes document cwft. PROJECT EXPERIENCE INCLUDEG Torino Park McChesmy Park a $ portsmarfs Park East Lyngate Perk 5 l Cfane Pwk Softball Field Ronwations tally of Pt. St. Lucie Cly KA I mprovmments City of Pt. St Lucia Hurricane RepskWork Indian Rversida Park Mom Regional Park Railer Park Improvements, Longwood, FL r. Chq)d at VA Medical Center 41 Nodlilanct 'A Church Diabibube, Longwood Orangewood Christion High Schod, Mallard Church In The Son, Orlando Orangwiwd Presbyterian Church, Maitland IV First Assently of Deland Church St. Petees Family tits Center First Baptist Church of Umaffi a Events Center & Classrooms Markham Woods Presbyterian Church Clear Lake Apartments g" Stetson University Cxwe Apaxtrnenis mw Stetson University Conrad Hall Renovations a,, SMon University —Sage Hall Rwwalons t,w Seaview Tennis Carter UR LYNX Cenb-d Statim and Operations Fadity , %g Brighthouse Projects IN AmIrwk Auto Train Stat1m, Sanford, FL pz­u an, cz re Rr- CON1,-,TRUC1f'AOt,,` PYR"OJEECY E..:".XPER�E',KCt. W N Wwnom Road -%M 2DO A6 MaNW4 FL ZM1 ORidA &* (407) 726-7770 * FOL (Wn UNS-7765 S RETY 1125 5 ffidanywd A%% SLM I'S FL 1 S (390) MR-000 Fm OW 19"M N Nc. w ftw lam) 766-MD * FM feej8 o www.FWrWm5ur@46vn&"m December 09, 2013 Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 RE: Contractor: Collage Design & Construction Group, Inc. dba The College Companies Boynton Harbor Marina Harbor Master Building & Fuel Dock Ste Improvement Prqsd To ftorn It May Corxwn: We are pleased to be the surety agents for Collage Design & Conaftation Group, Inc. dba. The Collage0ompaniks, Bonds am cu written through The Hanover Insurance Oompany VMIch Is A, M. Best Rated - A, XIV" and has a Treasury Usting of $75, 3131,000, The Hanover Insurance Company Is licensed to do business in the State of Florkia. M have Invest1gated the fin capabilities, perPormance rallerences of Ccolage Design & Construction Group, Ina dba The Collage Companies and think you'll be pleased with the quality of their vmrk° We Ily nod u In providing surety bonds for Collage Design & Construction Group, Inc. dbe The Collage Companies in the $15,000,000 Wrigla. $35,000,000 aggregate nuVe. This letter Is not a commitment to provide any bonds unless all underwiting requiroments Including contract, bond form PM financing FOVIlew 2M met pflor to Issuing any bonds, Nelther our agency, nor the surety is liable for any darnages relating to this letter or project. The Hanwor Insurance Company has rwA*wod the City's Surety Parrormance and Payment Bond forms has accepted the form. Should you have any questions, picaso do not hesitate to contact us. Snearely, L( Jeffrey W Ralch. CPCU President Color, 2.6 Safety Program If your organization has a Safety Program or procedures, please attached a Copy to your Bid and note it in your Bid Table of Contents. Overall Perspective The Collage Companies Team is committed to the IN It continuous improvement of workplace safety. We %, recognize and adopt requirements and policies as our own in addition to our established practices. The Team will work closely with the Department in the areas of Safety, Commissioning and LEER Certification. The Collage Companies Experience Modification Rating Is: a 2010 82 ,sn 2011 85 A 2012 88 To ensure that our sites are the safest workplace possible, we have implemented a site speck safety management system. Additionally we will employ the Services of a Safety Consultant to ad as a Pear Review 'third party" Expert to assure safety management and control. This system consists of the following tasks performed on a daily basis, our orisite safety managers will: 1. Provide Orientation training to daily staff, visitor, and contractors. 2. Develop and coordinate Safe Plan of Action (SPA's) for all tasks and construction phases. 3. Provide basic first-aid services, 4. Develop site specific weekly safety meetings and manage the communication of those meetings. 5. Conduct daily formal (documented) inspections of the entire site. 6. Maintain incident statistics and keep all safety related records. 7. Provide third party incident investigation services for onsite incidents including non- injury events, 8. Coordinate and document corrective action of each hazard identified with the responsible contractors. 9. Release important safety bulletins to all staff on an as needed basis. 10, Manage the Hazcom program including maintaining and updating the MSDS inventory of all subcontractors. 11. Manage the Safety Observation Reporting System and c0lect1tabulate all observation data. In addition to the daily inspections, we have a plan in place to provide for a detailed "Mock OSHA" inspection on a monthly basis. This inspection will be conducted by a safety professional who does not work on this site. This will provide an outside set of eyes to help identify latent hazards and to keep all staff and contractors diligent about safety. Additional Safe.ty Training We will also offer the following classroom training to our staff and sub-contractors as well as the required Safety Classes. 1. Two OSHA 10 -hour classes ( max 15 people per session) 2. Two lul Iftelehandler operator courses (max 15 people per session) . . .. ..... . 3. Two fall protection classes ( max 15 people per session) 4. Two respirator classes with fit testing ( max 15 people per session) 5. Two first aldladult C PRIAED classes (max 15 people per session) Overall Safety Standards Prior to mobilization, our safety control manager and the site superintendent shall cooperatively develop a site specific safety plan for each location and shall submit the plan to the program manager. This plan shall at a minimum indicate: L% Evacuation Rally Points * Contractor Parking * Potable Water Sources * Designated Smoking Area * MSDS/HAZGOM folder locations s AED locations a Emergency contacts lists a Material lay down areas (if applicable) a Fire Extinguisher Locations a Waste Receptacle Locations (if applicable) Where hazardous waste operations exist, the plan must have Z specific Health and Safety Plan (HSP) equal to or exceeding the program managers HSIP for the hazardous work involving the hazardous Item. Visitors All visitors must sign in at the trailer and the sign in list must be kept in dean, working order for the life of the project. At the end of the project, a copy of this list shall be filed with the record documents in the Collage office. Any vIsItors not having gone through the safety training and received a Collage identification number shall receive a brief 'safety minute orientation" by the escorting party. Visitors must be escorted at all times by badged employee. 31PA, TSA, and SOR SPA - Prior to each task, all crews shall complete a 'Safe Plan of Action" report and shall have every member of the crew participate in the creation of the plan and sign the document The Collage superintendent shall, during the course of the moming walk around, review the plan and sign the plan prior to the crew work starting. SPA's shall be turned in to the HSE trailer on a dairy basis. TSA — Each morning and at whenever a task presents a change, all personnel shall attend a 'Task Safety Awareness' meeting to discuss the SPA and resolve any HSE issues. These meetings can take from two to ten minutes. SOR — The College Superintendent shall generate a written 'Safety Observation Report" and turn them into the Program Manager at least weekly. A copy of all SOR's must be logged and kept with the Collage HSE. The SOR shall record all observed proper and improper HSE practices, identify the cause, and the oorrecJv6 action. On-site Safety Training All employees most complete training as required and any additional Federal HSE mandates as required. Documentation of said training shall be kept on site, In addition, Collage onsite shall conduct a safety training session for any personnel needing initial or continuing safety training. All personnel on site must have attended this meeting prior to performing any work. A brief exam will be given to all persons in the training and, upon a successful passing grade, shall receive a COLLAGE identification number (ex: COL2356). This number shall be indicated on each workers hard hat and she][ not be removed at any time during the course of the project. A list of all COLLAGE identification numbers and their corresponding personnel shall be maintained at all limes and available onsite. Certification All workers involved in hazardous waste operations shall have met prior to any field work or exposure, the training requirements as Indicated by OSHA 29 CIFIR standard 1910.120. Certification of individual workers shall be given to Collage and Jacobs and the records maintained by our safety control manager. All workers must have certification to operate any on-track or mobile equipment, This includes but is not limited to forklifts, cranes, aerial/boom lifts, buses, golf carts, scissor lifts, etc. Mobile crane operators must be qualified through a testing and qualification procedure recognized by the program manager, such as the (NCCCO) National Commission for the Certification of Crane Operators, Perynits In addition, to any permits required by Jacobs or Amtrak, certain activities may require a separate permit from Collage. Such activities may include but is not limited to, fouling the track, hot work, confined space entry, excavations, and asbestos or lead abatement. Some activities require additional permits from the state or local authorities such as excavations, asbestostlead abatement, air, water, hazardous waste, etc. It is the responsibility of each contractor to ensure that a copy of each permit is filed with the Collage HSE officer prior to any work starting. Inspections Power Tools and any corded item — All power corded items and tools on site shall be inspected monthly and prior to use, The item shall then be marked with the appropriate monthly color coding. Any equipment not properly marked shall be promptly placed out of commission by Collage. Mobile Equipment — All mobile equipment shall receive daily pre-use inspections and shall be documented on the machine. Examples include forklifts, backhoes, personnel liftstman lifts, etc. Scaffolding — All scaffolding shall be inspected and tagged by a competent person prior to initial use, before each work shift, and after any event that could affect its integrity. Untagged scaffolds shall not be used. Cranes — A third party certified competent person shall make a thorough annual inspection of all cranes and powered hoisting equipment in accordance with OSHA requirements. Cranes assembled onsite shall receive an inspection prior to being used, Documentatlon shall be provided to program manager and kept in College records. mnonyw cod"haga-0 a o" c a no, ad.!& C Alcohol, and Contraband A drug and alcohol program shall be in effect requiring drug and alcohol testing be performed on all workers at pre- assignmentlpre- access, reasonable suspicion, periodic and post4ncident, except where prohibited by law. All subcontractors shall maintain and update an accurate listing of all persons who have submitted to drug screening and make such documentation available to Collage and to Program Managers upon request. This listing shall not include personal information prohibited by law. HSE Adherence Policy To correct HSE compliance problems, Collage shall adopt the "three - step', progressively administered system. Action level One — if a subcontractor fails to comply with an applicable HSE standard, Collage shall issue a writ6en `notice of non- oompliance" to the contractor along with a "'claming letter'. Action level Two — if items of noncompliance are not corrected by Action Level One, or if the worker or contractor continues to not follow the HSE policy, a "Written Notice of Temporary Job Suspension" shall be issued and work may not continue until the issues f, have been deemed compliant by Collage and the program manager. Action level Three — If action levels one and two do not result in the contractor or worker being brought into compliance, progress payments may be held or contract termination may result. Policy Drug Free Purpose and Goal; The Collage Companies is committed to protecting the safety, health and well -being of all employees and other individuals in our workplace. We recognize that alcohol abuse and drug use pose a significant threat to our goals. We have establishod a drug -free workplace program that balances our respect for individuals with the need to maintain an alcohol and drug -free environment. 41 This policy recognizes that employee involvement with alcohol and other drugs can be very disruptive, adversely affect the quality of work and performance of employees, pose serious health risks to users and others, and have a negative impact on productivity and morale. This organization has no intention of interfering with the private lives of its employees unless involvement with alcohol and other drugs off the job affects job performance or public safety. As a condition of employment, this organization requires that employees adhere to a strict policy regarding the use and possession of drugs and alcohol. This organization encourages employees to voluntarily seek help with drug and alcohol problems. Covered Workers: Any Individual who conducts business for the organization, is applying for a position or is conducting business on the organlzatlon's property is covered by our drug-tee workplace policy. Our policy includes, but is not limited to executive management, managers, supervisors, full-time employees, part-time employees, off-site employees, contractors and applicants. Applicability: Our drug-free workplace policy is intended to apply whenever anyone is representing or conducting business for the organization. Therefore, this policy applies during all working hours, whenever conducting business or representing the organization, while on organization property and at company-sponsored events. Prohibited Behavior: It is a violation of our drug-free workplace policy to use, possess, sell, trade, and/or offer for sale alcohol, illegal drugs or intoxicants. Prescription and over-the-counter drugs are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of h Wher job. If the use of a medication could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor, notify company doctor) to avoid unsafe workplace practices. t 0 The illegal or unauthorized use of prescription drugs is prohibited, It is a violation of our or drug-free workplace policy to intentionally misuse and/or abuse prescription medications. Appropriate discipflnery action Will be taken if job performance deterioration and/or other accidents occur. Notification of Convictions: Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action Within 30 days of notification. Federal contracting agencies will be notified when appropriate. Searches: Entering the organization's property constitutes consent to searches and inspections. If an individual is suspected of violating the drug-free workplace policy, he or she may be asked to submit to a search or inspection at any time. Searches can be conducted of desks and work stations, vehicles and equipment, and jobsite trailers. Drug Testing: To ensure the accuracy and fairness of our testing program, all testing will be conducted according to DHHS/SAMHSA guidelines where applicable and will include a screening lest; a confirmation test the opportunity for a split sample; review by a Medical Review Offloer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody. All drug-testing information will be maintained in separate confidential records. Each employee, as a condition of employment, will be required to participate In pre- employment, post-aocldent and reasonable suspicion testing upon selection or request of management, The substances that will be tested for are amphetamines, carinabinolds, cocaine, opiates, phencyclidine (PCP) and alcohol. SAFE", P,aa`3 „e n m'aa,aam& 2.,6 Testing for the presence of alcohol will be conducted by analysis of breath, Testing for the presence of the metabolites of drugs will be conducted by the analysis of urine. Any employee who tests positive will be immediately removed from duty, referred to a substance abuse professional for assessment and recommendations, required to pass a Retum -to -Duty test and sign a Return -to -Work Agreement and terminated immediately if he/she tests positive a second time or violates the Return-to-Work Agreement. An employee will be subject to the same consequences of a positive test if he /she refuses the screening or the test, adulterates or dilutes the specimen, substitutes the specimen with that from another person or sends an imposter, will not sign the required forms or refuses to cooperate in the testing process in such a way that prevents completion of the test, Consequences: One of the goals of our drug -free workplace program is to encourage employees to voluntarily seek help with alcohol and /or drug problems. If, however, an individual violates the policy, the consequences are serious, In the case of applicants, if he or she violates the drug -free workpiace policy, the offer of employment can be withdrawn. The applicant may not reapply. If an employee violates the policy, he or she will be subject to progressive disciplinary action and may be required to enter rehabilitation. An employee required to enter rehabllitation who fails to successfully complete it and/or repeatedly violates the policy will be terminated from employment, Nothing in this policy prohibits the employee from being disciplined or discharged for other violations and /or performance problems. Return -to -Work Agresmants: Following a violation of the drug -free workplace policy, an employee may be offered an opportunity to participate in rehabilitation. In such cases, the employee must sign and abide by the terms set forth in a Return-to -Work Agreement as a condition of continued employment, Assistance: Organization name recognizes that alcohol and drug abuse and addiction are treatable illnesses, We also realize that early intervention and support improve the success of rehabilitation. To support our employees, our drug -free workplace policy: Encourages employees to seek help if they are concerned that they or their family members may have a drug and /or alcohol problem. Encourages employees to utilise the services of qualified professionals in the community fo assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help. ct Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee, Confidentiality: All information received by the organization through the drug -free workplace program is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. o'ca nn F, Y FR (,") (,I F1 APA, 5 E C T 1 ,� 2, ("11 Shared Responsibility; A safe and productive drug-free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. All employees are required to not report to work or be subject to duty while their ability to perform job duties is impaired due to on- or off-duty use of alcohol or other drugs. In addition, employees are encouraged to: Be concerned about working in a s* environment. Support fellow workers in seeking help. Use the Employee Assistance Program, Report dangerous behavior to their supervisor. It Is the supervisor's responsibility to: 1, Inform employees of the drug-free workplace policy. % Observe employee performance. Investigate reports of dangerous practices. Document negative changes and problems In performance. Counsel employees as to expected performance improvement, ((iu, Refer employees to the Employee Assistance Program Clearly state consequences of policy violations. Communication: Communicating our drug-free workplace policy to both supervisors and employees is critical to our success. To ensure all employees are aware of their role in supporting our drug-free workplace program: All employees will receive a written copy of the policy. The policy will be reviewed in orientation sessions with new employees. Posters and brochures will be available at all locations 2.7 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. Overall Perspective The concept of quality is not the vague, subjective, somewhat intangible ideal that most people actually equate with the word. Words like 'high quality" or "satisfactory" do more to confuse than to clarify. Qualfty Is very specfflc. It is simply to meet or exceed the stated requirements, to do so the first time and to do so in every situation. Overall Plan Upon Contract award, a specific project QAQC Plan shall be developed for the BBCRA and project This Pan shall be written in full compliance with the contract documents and Incorporating any specific procedures of the Boynton Beach Community Redevelopment Agency (BBCRA). The Quality Control Plan will deafly define and meet quality requirements throughout all activities and to actively promote continuous improvement in every aspect of our business. Our quality objectives are as follows; To consistently achieve compliance with all contractual and environmental requirements To actively stimulate and encourage the ongoing motivation of all our personnel to improve the quality of our services To implement procedures and provisions throughout the organization consistent with Government quality standards as well as the BBCRA. To continually evaluate the quality system, seeking further improvements through regular assessment and review QC Prellram: Direct control of quality is by means of written procedures and method statements, and the use of Inspectionitest approval work shoots. A member of the project team is appointed as the Project QC Manager with specific responsibilities for ensuring the correct implementation of the quality control activities to ensure the quality standards are maintained. Control of the system Is by means of a series of planned and systematic audits and regular surveillance. Collage is 100% committed to Total Quality Assurance for this project. Our goal is to completely satisfy BBCRA requirements by meeting or exceeding all project specifications and complying with all Environmental Laws and Regulations. We will develop specific Quality Control Plans for this contract, which will address the specific methods and manpower required providing effective quality control. These Quality Control Plans shall 1) define the work that will be done, 2) explain how it should be done, 3) who will perform the work, 4) what authority will be responsible to inspect the work and 11%"Iff"I" o n , rwr,,, 5) which documents and records must be used to carry out the wok The following ISO 9001 Quality Management Principals will be incorporated into our plan: 1. Support Quality n Promote the need to meet customer requirements d� Promote the need to meet regulatory requirements m Promote the need to meet statutory requirements e, Promote the need to meet construction requirements 2. Satisfy Your Customers Needs 11 Identify all customer requirements Meet or exceed all customer requirements Enhance customer satisfaction 3. Control Your Quality System m Clarify responsibilities and authorities � Communicate responsibilities and authorities ult, Appoint a Quality Control Manager Ensure internal communication procedures are established x Ensure that communication occurs throughout the organization 4. Perform Management Reviews trrfi Perform quality audits to evaluate the QC system � Examine material conformity d ata (((v Examine opportunities to improve Examine feedback from customers Examine corrective and preventive actions Generate actions to improve the QC system QC PROGRAM The following Quality Control Program will be used on this project Collage operates our Quality Control Program along the 'Phase Inspection" system similar to that outlined by the U. S. Army Corps of Engineers. The Quality Control Managerl Superintendent performs inspections in three phases: 1. R . Initial; The Preparatory Phase Inspection is conducted before any actual work begins for each definable Feature of construction. This phase includes, but not limited to, the following: A. All applicable specifications and contract drawings shall be reviewed. B. All materials andlor equipment shall be verified as having been tested, submitted and approved. C. The work area shall be examined to assure that all required preliminary work has been completed and is in compliance with the contract specifications. D, It will be verified that provisions are in place to provide the required quality control inspection and testing necessary for each feature of work. E. It shall be confirmed, by physical examination, that all material, equipment, and sample work is on hand and conforms to approved shop drawings and submitted data. Proper storage of all materials and equipment shall also be verified. F. Discussion of the appropriate activity hazard analysis, construction tolerances and workmanship standards will be held prior to beginning work, G. It will be checked that the plan for the work to be performed has been accepted by the Contracting Officer. The Initial Phase Inspection will be held at the start of each definable feature of work and shall achieve the following: A. The Preparatory phase inspection meeting minutes will be reviewed. B. All preliminary work will be verified to fully comply with the contract specifications. C. Appropriate testing and control inspections shall be reviewed. D. The level of workmanship required will be restated. E. The accident prevention plan and activity hazard analysis shall be reviewed. F. All pertinent differences shall be resolved, The Follow -Up Phase Inspection consists of daily checks to make certain that all progressing work is in total compliance with the contract drawings and specifications. All Inspection checks shall be documented on the next stage of work. Collage is committed to quality control. We feel by producing the highest quality product possible, we not only satisfy our clients requirements, but also generate a safe working environment for our employees. For these reasons we insure that everyone participates. following The Is l corporate manual pr000dures outlining the tt quality. pq F 0 4 V 2.8 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. The COLLAGE/CM construction services approach is based on a very simple principle of a 'trinity relationship' between the Owner, Architect and the Contractor. Once that relationship is established we bring together the rest of the team and resources required to construct the project. Clear direction and open communication ensure the project proceeds with a focused understanding of the team goals and objectives and can then move forward toward success. First we Build the Team, then, we Build the Project The way that COLLAGE approaches the Construction process is as follows: 1. BUILDTHETEAM COLLAGE, during the subcontract award phase of the project will pre-qualify subcontractors and suppliers. We will further determine which companies are the 'right" companies to become part of the Construction Team. 2. ESTABLISH THE COMMON GOALS A successful project is one where the team players establish common goals for the project We would like to explore if there are any other unspoken goals that Boynton Beach Redevelopment Agency would like to achieve during this project. We are already well aware of the sensitivity of the adjacent Neighbors, the Working Marina and the Two Georges Restaurant) as well as the tourist traffic and your goal of keeping peace with your neighbors and adjacent businesses. We also assume that we all share the goal of zero safety incidents during the entire duration of the project (that is one of COLLAGE'S goals). We would like to discuss these and any other gods or objectives that the Boynton Beach Redevelopment Agency may be trying to achieve and determine a game plan to meet those goals. 3. DEFINE THE ROAD MAP TO ACHIEVE THOSE GOALS The 'road map" to success for any project but specifically for a construction project car eery succinctly be defined as clear communication and accurate documentation. Those two elements can be further defined by looking at the following: Kick-Off Meeting — We would initiate a project 'kick-off meeting for the entire construction team (BBCRA, Adjacent Businesses, Neighbors and Construction Staff) to hear firsthand from the goals/objectives and expectations of the project. All team members would exchange contact information and set tip a specific project team directory. Any and all key issues related to the project (schedules, deliveries, staging, maintenance of traffic, construction parking and etc.) would be ftmssed at this time. Understanding the Project — We would initiate a discussion of the understanding of the project from all the stakeholders' perspectives to discuss alignments and obstacles to achieving success together. Establish the Unes and Methods of Communication— This Is the time to determine the lines of delineation for communication (who should speak to who) and to establish what should be emalled and what should be written in a letter or if we can text information and who should be on certain phone call. This may sound way too detailed but communication is too important to'miscommunicate'or be 'confused." Determine Schedule for Team Meetings — Slmply put, this is the time to establish when do we meet In person as a team and when do we meet on the phone as well as determine who needs to be at the meetings and who just needs to be kept in the loop. Establish Procedures fbr Documentation —This is the time to establish a very specific list of documents that need to be addressed to properly administer and record this project such as RFI's, Submittal Logs. Shop Drawings, Pay Applications, etc. 4. SCHEDULE AND PROCUREMENT ANALYSIS An integral step in the construction process is to create a schedule of all activity and durations. This is done to assure the ability to comply with the completion requirements, to determine milestones that need to be discussed during with major subcontractors. Additionally, certain projects have long lead time items that may require immediate procurement to meet the schedule. We have provided a Preliminary Project Schedule with this proposal that breaks down this project into showing that we can complete the project within the contract duration. See enclosed schedule in this proposal. 5. "SAFETY FIRST" ATTITUDE COLLAGE is committed to the continuous improvement Of workplace safety. To ensure that the site is the safest workplace possible we will implement a specific site safety management plan. This project is on a tight site and adjacent to said site is a very busy restaurant (Two Georges) and active condominiums and the potential for accidents is very real. We will have a written safety plan. We will meet weekly to review the safety plan and we will enforce the safety plan with no exceptions. 6. SITE UTILIZATION There are many issues to address such as existing utilities, vehicular and pedestrian traffic to and from the Two Georges, Marina and Condominiums. We will develop a very specific "Site Utilization Plan' to not only address safety issues but staging, storage, materials deliveries, parking, environmental protection issues and construction sequencing or phasing issues. 7. WEEKLY MEETINGS Collage requires an on-site meeting with all involved major subcontractors and suppliers on a weekly basis to discuss safety, schedule and any coordination issues. The BBCRA and VBH MIllerSellen are welcome to attend these meetings. 8, PROJECT REPORTING Communication and Documentation are a part of our web based Project Management system called Construction Project Manager. 9. QUALITY CONTROL Collage believes that the concept of quality is not the vague, subjective, somewhat intangible ideal that most people attach to the word. The idea of quality is very specft. It is simply to meet or exceed the stated requirements, and to do so the first time and to do so in every situation. SPECIFIC PROJECT APPROACH 1. Understanding the Specific Project Constraints and Challenges NZOGRAfO 2.8 The Collage Companies has spent time Visiting the site and our 'Approach to Construction' takes into consideration the many constraints and challenges surrounding this project. Some of the distinct issues include, but are not limited to the following: The project site is located in the BBC RA Marine District off of Casa Loma Blvd, The project site is extremely small with limited access. The project site Is adjacent to the Two Georges Restaurant. The project site Is adjacent to an active Condominium Area. The dock masters building is supported by auger cast piles and equipment will be mobilized during non- working hours of the Two Georges Restaurant Staging of material will partially onsite and offsite and will delivered on an as needed basis and/or as approved by the BBCRA.. Construction Parking onsite will be limited to the project superintendents only, all other parking will be offsite and/or as approved by the BBCRA. There is existing hardscalpe features surrounding the project site which will be protected through the duration of the project. Casa Loma Blvd, is the road to access the project, as well as, the Two Georges. Marine and Condominiums. Maintenance of Traffic will be provided along with flag men during construction operations and deliveries. The project will have some restricted work hours that must be observed due io the operation of existing business and their delivery schedules, These are just a few of the distinct constraints and challenges that we have taken Into consideration when developing our 'Project Schedule" and our 'Approach to Construction" for the Boynton Harbor Marina — Harbor Masters Building & Fuel Dock Site improvement Project 2. Specific Project Schedule Our staff has developed a Preliminary Project Schedule and has included it li our bid package. As you review our Project Schedules, you will see that we are confident that we can complete the project on or before contract completion date. VVe will provide more specific schedule information upon award of contract. 3. Specific Approach to Construction: Site Utilization Plan - We will develop a "Site Utilization Plan' by first meeting with the BBC RA, adjacent businesses, and project subcontractors to determine the needs of each participant We will also contact the building department, water utilities department and other utility providers for their input on project access and parking for inspection purposes. Once all the information is gathered, a comprehensive Site Utilization Plan will be developed and become an integral part of the project and day to day operations. Mobilization I Slgnage Plan. At project commencement, Collage will procure and install the necessary signage to conform to the approved Maintenance of Traffic Plan 'Trucks Entering and Leaving Highway', 'Flagman' "Delivery information Signs, No Trespassing Signs and other signs and protective barriers that Y411 be placed onsite and at multiple locations along Casa Loma Blvd and Ocean Ave. Ground Penetrating Radarl Locates I Fencing : Collage will call for an underground utility locate and we will install six and eight foot construction fence along the property line as shown on the drawings and as deemed necessary for a safe and protected site. Ground Penetrating Radar! Locates I Fencing : Collage will call for an underground utility locate and we will install six and eight foot construction fence along the property line as shown on the drawings and as deemed necessary for a safe and protected site. W)A�W,Caff ago-miss"Comn Our next step will pot hole all existing utilities and a permanent marker and asbuilt those conditions for future reference and tie-ins. National Pollutant Discharge and Eliminating System (NPDES): Collage will install the required erosion control for the sile and all offsite utilities that may be affected by the construction operations, The erosion control devices and materials Will be checked on a daily basis in order to maintain compliance, Primary Delivery Area: The primary delivery area for the project will be at the site and a secondary area offsite will be used for over flow material. Al construction parking will be offsite and/or as approved by the BBCRA. Summary: Our approach to construction started with our firm understanding of the constraints of the project site. These constraints will dictate how this project is to be constructed. We will develop a plan that Will accommodate the construction and BBCRA needs. We are confident that our plan, how we utilize the site, will provide a safe working environment for our staff and subcontractors all while minimizing any negative impact on the adjacent establishments. We feel that out approach is a workable and effective solution. Further on, our desire, upon award of the contract, would be to sit with the project team and further develop the plan and to listen to other ideas that may have been generated throughout the design and bidding process. While we consider our ideas good and valuable, we are open to other suggestions that will make this construction process run as efficient and painless as possible. Building Foundation I Shell Construction • Once the project site is set up and secured (as described above), we will commence with the safe removal and capping of the existing utilities, and removal of the existing dock masters trailer. The site will then be cleared and grubbed of all vegetation. At that point we would irstall the auger cast plies and prepare the building pad for grade beams and slab on grade and continue with the vertical construction until the Building shell is complete. Ail other building components and work will be scheduled systematically. Site Infrastructure — Due to a very tight site area, we will install the site intastructure(s) once the building shell is complete, to include all water, sewer, drainage, electric and communications. Once that work is compliste, the site will be brought rough grade contours Hardscape I Site Amenities: After competing the infrastructure and bringing the site to rough grade and contours, we will commence to install the foundations I concrete work for the hardscape components. Once complete, the concrete sidewalks, curbs and paver bands will be installed, Once all the heavy building oonstrucdon Is complete, the site will be graded to a pre-final contour, and the concrete pavers and precast stone will be installed. Final Completion I Final Inspection I Final Close out: Once construction is complete, the site and building All be thoroughly cleaning and ready for a final inspection and certificate of occupancy. During this point in time, demobilization will have started. Simultaneously, our office will be preparing all the close document binders, including scheduling with the BBCRA and staff an operation and maintenance training session of all workable components of the building and site. In Closing: This is an exciting project that will require a tremendous amount of teamwork, scheduling, coordination to complete the work within the timefiwne required. The Collage Companies has and will develop such a plan that will make the construction painless to the surrounding business" and community, eo 2.9 Subcontractors If a Biddeqs) subcontracts any portion of the Project for any reason, the Bidder(s) must state the name and address of the Licensed Subcontractor and the name of the person(s) to be contracted on the enclosed "Schedule of Subcontractors", Attachment "F' Schedule of Subcontractors. BBCRA reserves the right to accept or reject any or all bids wherein a Subcontractor is named, and to make the award to the Bidder(s), who, in the opinion of BBCRA, will be in the best interest of and/or most advantageous to BBCRA. BBCRA also reserves the right to reject a bid of any Biddeqs) V the bid 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 BBCRA reserves all rights in order to make a determination as to the foregoing. Biddeqs) shall include in their Bid a statement that If selected to enter into a Construction Services Contract, that they shall periodically throughout the term of the Contract, provide the BBCRA an updated list of all subcontractors working on the Project. wwkm ast -usn,cam ATTACHMENT"B Receipt ADDENDA ACKNOWLEDGEMENT hereby acknowledged of e following addenda ta the BOYNTON HARBOR MARINA HARBOR MAST PROJECT TWROVEWNT y entenng YES or NO in the space provided and indicafM date received. 0.1 Yes Date 11/ 7/ 2 Yes 12/ Bidder(s)'s Signature . 3 Date Pr esident Tkb 14 of 22 BOYNTON BEACH COA04UNUY REDEVELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MAVER BUILDING & FUEL DOCK SITB DeROVENENT PR ATTACEEWENT"C" RIDDER(S) ACKNOWf�EDGENIENT AND COWLIANCE STATEMENT Submit Bids To- Boynton Beach Community Redevelopment Agency 7 1D North Federal lEghway Boynton Beach, FL 33435 Release Date: Thursday, Odeber 10, 2013 Projed Title: BOYNTON FLARBOR NMAINA EL4,RBOR MASTER BUILDING & FUEL DOCK SM IWROVEMENT PROJECT Bid Submitted By: Tuesday, December 10, 2013. Bids must be received in their entirety by the Boynton Beach CRA no later than 3.00 pm. (local time). Bids will be opened in the Boynton Beach Community Redevelopment Agency Wess specified otherwise. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the Boynton Beach Community Redvvelopment Agency. Collage Design and Construction Group, Inc. d/b/a Name of Vendor. The Collage Companies Federal LD. Number. 59-2143889 A C or p ora ti on o f th &ate of.. Florida Telephone Number (_j0 Fax Number. j829 -2257 (!27 )829-2258 Mailing ® 585 Technology Park City: Lake Mary State., Florida ZAP: 32746 Vendor Mailing Date: Hand Delivery 12/10/13 Signature President Name (Printed or Typed) 15of22 BoymoN BEAcH Commumrry REDEvELOPMENT AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BURDING & FUIRL DOCK SITE 0MROVE PROJECr ATTACHMENT"D" PUBLIC ENTfrY CRUMIES STATEMENT A person or affiliate vko has been placed on the convicted vendor list Mowing I conviction for public enfity cdine may not: submit a bid on a contract or provide any goods or saWces to a public enuty-, submit a bid on a contract with a public entity for the construction or repair of a public building or public work submit bids on leases of real property to a public entity; be avwirded or perform work as a CONTRACTOR, supplier, subconhu, or consult" under a contract witti any public enW, or transact business with any public entity in excm of the flirrshold amount provided in Section 287.017, for CATEGORY TWO fur a period of *irty-six (36) monffis fium the date of being placed on the convicted vendor list. As the person au&orized toe the Statement, I certify that this ffm complies fully with the above requirements. Bidder(s)'s Signature President Title MOM BOYNTON BEACH CommUwrY REDEVELOPMENT AGENCY BO N HARBOR MARINA HARBOR MASTER BUILDING & FUEL DOCK Sri 1WROVEMENT PRO= 1, ATTACHMENT "F" SKEDULE OF SUBCONTRACTORS Bidder(s) are to sulnuit a dutailod listing of any Subcontractor(g) pwticipation of any Puffion of this project for any r Ann& additiowl pig= ff nemomy. Project Title: BOYNTON HARBOR MARINA HAIMOR MASTER BunDING & FUEL DOCR SITE IMPROVEMENT PROJECT IssuanceDme: October 10, 2013 Biddeir(i)s Name: g2jjggeft De L>� ��Onatruqti2n_gyqup, Inc. d/b/a The Collage Companies Nme/Address/Phime of Type of Work to be Subcontractor Performed Dollar Amount % of ToW elt e: l Addrcm; —b C) 2 RUNIC 9-5 I Name-. A36M.- Ph=: A UA ddrcs�i Phcm: 18 of 22 BOYN70NBEACHComkLm'rYREDEVELOPMMAcENcy BOYNTONHARBORWRINA HARBOR MASTER BULDING &FLIEL DOCK SITE DHR0VEhffiNTFR0JEC`r 1 7 2:. Drug-Free Workplace Certification In accordance with Florida S 287.087, ft bidder shall certify that it has and VWII maintain a drug-free workplace. The bidder shall complete and submit with its bid the attached certification, Adschment "G" Drug Free Woftlece CoWficadon. Failure to include an executed ceFtification may cause the bid to be considered non-responsive, ATTACEDAENT"G" DRUG-FREE WORKPLACE CERnFICATTON Ptaierence shall be *,en to businesses with drug-fice wo4law program but it is not a mquirernent tDaubmit a bid proposal- VVhcncver two (2) or more bids, wkich an equal. with respect to prica� quality and s , me rvmvcd by the Boynton Beach Community Rcdmclopment Agency or by Any political subdivision for the primumment of commodities or contrachud savicce, a° received from a business that ccriffilcm 64 it ham implamented a drag- fi= woftlace progmm AaH be ghm preference in the award proem. Established procoduam for processing tic bids will be followed if none of die tied voutdors have a drug-frea workplace prograr& In order to have a drug-fi= wodFl4ce prograM a business shall: 1) Publish a statenumt no0ying employees that the urdawfal manufactum, diddIntion, dimpawkS, possession or use af a c a substance is prohibited in the wadcplaw, and specifying the actions that will be ts6n apinst employees for violations of such prohibition. 2) Inform ernploym Aed the d., of drug a e ` the work-plac% fim business I polic of maintainirq a drag-five wodqplacr, s available drug counseling reltabilitation aud eraployee assistance pirograrns and the penalties that may be hnposed upon employees for drug abusaviolatiDns. 3) Give each employee engaged in providing the commodities or contractual aavrAs gut are under Bid a copy of the statement specified in autsimfion (1). 4) In the statememi specified in subsection (1), notify the employee 64 as a condition of woricing on the commodities or corbacUnd services that we under bid, the employee will Abide by do larm of the statement AM wM notify the unployer of any conviction of or ples. of guilty or nolo, coutcndere to any -violation of (' hapter 893, or of any canimlled substance law of the United States of Ammica or any state far a violafion occutring in the w"k-place no hdar than five (5) days after such cmviction. 5) Impose a sanction on or require the satisfactaTy patticipation in a drug abuse assistance or rehabdit3tion progaun if mob is available in the employet's conummity by any employee who is so convicted. 6) hdalm a good faith effort to continue to maintain a drug-firee woApiaw through iroplementatim of this section. As the person authorized to sign the Statement, I certify that this firem complies My with the above nquirements. LAL� I I Bldder(s)'z Signature President Tide 19 of 22 BoywmN RaAcH CommumTy RmmvELvPuENTAcENcy BOYNTON HARBMMARMA HARBORMASTHRBUILDING & FUEL DOCK 5 M HdPROVEMEW PROJECT 2.11 Lioenses Bidder(s) shall provide copies of any and all licenses, certifications or other related professional credentials held by the company required to complete the project. ACA Sr AM OP FL MA rMNk"= U2 0 42" a I 3 1012 31.8 2 x13325 LMLCPJQE1,8 the GAMBRAL LONTRAarm NE"d below is CMENIND Unde the Prvvlzi of OW ELVIr auen 'Uts, AMV 34, ,F nt� 109 15 WAUM. I&MMAX .9 WPM .." r. PARE LIM Imay 7% 32746 05P«AYABREQUMEDOv'AW WAMOLE COUNTY RUMESS TAX RECEIPT RAY VALUM SEKWOLE COURW TAX OOLLECTOR PO bw 60 � SwTant FL 32 IW Sa vwx4vokwo"Y'ars VALID THROUGH 09r"14 Ameunt-FUMS SM TECKOKUDW PARK REGULAWD A Rdw"M A Q1%= LMUMON-C® cadma QN4081-MMANWALIH MAKE MARY CM LICEM REQWWM PWdg $ 4 J1 State of Floyida State of Florida Depadwnt of Stak D9W*Ma Of L'Wole I ho do MWaMb aftWo affim OM COMA)UM DEMN AND CONSTRUCnON �� Bfil b a eaqmodam eventmed madeer flit lowo cc %& moods of &s office *& THE 0014.AGE ft Dow &NoW Akdonlammy 24M. &F S i s FiDddm Nvew moswrod will d. Eorpartnew of no 12wthwaoWdud widea%mrsdonbu paid BE Andoethk offlue domgh D4CWdW � dWiMWKn= C=WnP=ftMM ftRDM RPM I fiffibar OEM* dw add 3L =3 rkddam xmm p4stakdon IS vtki� waffied O%ApzU 9, 29M andkoddoolm wdvc I Awffiw ow* 6M and Muhiow Name RWRmdm Sid a Tm*wW on 12wdo cardFy Mt erod Ims did BMd Arldes ofDhodkiian. AprH 9. 20 1 a. ad opporm m Doqm*a 31,2055. Mr-and—va.d.da. Rook -1 2d==v4dM N* m- rd-4 d efkK aw IV i6k Qk SwWary OfSAW W lt` w vW, 0,)) ga g a -d ic In"; 4 2.12 Insurance Requirements Bidder(s) shall provide copies of the firm's General Liability and Workers' Compensation Insurance Certificates with their proposal. COLUMM Dow% CERTIFICATE OF LIABILITY INSURANCE -UMM no WSM MTMCW WMEAMN MILYAMDOOMMMM100FIV UPON THE GMT~MH0LCffXTM OWFICATIS DOM NOT AFFMATIVELY 09t 10MMILT AN1019). KXMD OR ALTM THE 00MRAGE AFFORDED RYTHEramas DKI.M TM CMWAM OF MUNANDE DM NOT r.01112717M A CONMIXF WfW99N no MUM DISUIBUtft &Mom= NOPHRISENTATM CAPM)DUCERAND 7HE GIRWEATE HOLDER MFORTAWP 9w ftwo Bad mmOmmo crOwPobw sayoft P49be am mqui the rofiam homer Inam efou" I 5 SM � *ft "Mmadevowtm WAY Llmm.a ::r= &Cw"MQft.4 Orono m -T- park Mom e — ___SVMWATff REVMKM NUNISM T R AT C l NA THE 0 O C"Y" TW TH9 PuLCv oF *=RmCE LWEB gLONVE ' I "POLIGYMOD :RM010-ATED NMWIR15TANDMAW REOUIFIBBEW, MOOR LOWTMOFAwr cmM=cnorHMV=UNEmwTmr"PwTT0MCH?H% C 2;� EFMRDATE MAY SE MWED DR MAY MTAIK THE MJW" AFP0PJW NY TM POUCM DMRIBW HEMN IS 6,SjECT To ALL TM YIRM EXCLUSKMOAMOOMMMOFMC HST MES LIArPSO40MMAVHA%WPMROUMOSVPWCLANS, EN:H 0009MUCE A X X X aimse"" ow X Cowarmu ma CU Im X MR AN & WDS MMMtAQ0W%U 1 MINIM MM ED SwIdon S I A X X CAIMM144 12AUM2 42010"11 OWLY Fff I x ME" x x 101006dea X 6M am 04 Pr go" -it = � T g i M X i= X X ewwwm X X 1 =32166204 12MIA!"I S 1S c 2. ma WMALMY x A AM" NPA X VX13V127k IMM14 ILRSL2q�w— 1. %00� bw- Thow CORKWU 1 2 1 1 30,aaepiM WMA"M crammunve gtoc"M ovWMAM PAMbAcm M, A*WwWHawft9dw*^ Fmmagamb mqWn4 GERINTIA72 HOLM CADR!S&LATION WKNADAKV6FVMADMC=GrANDN&jaEsRKGAW BEFORE THS INFI"'NON VAN THIVUIDF, M07M wu n vowmaut w M Ram low L ACCIPM 25 12MU" IWACOM nnew sod bW an m9labdod mmft @1AMRD � �)Av w a age" u s,&, cc M 1, "'S 3.0 PRICING AND COSTS 3.1 Construction Services Price Bid and Related Costs The cost bid shall be provided in the format shown in Attachment "H" Cost Bid along with a breakdown of costs per C.S. I's sixteen division categories for the project scope the Bidder(s) Will responsible for undertaking to complete the project as per the construction documents for categories and subcategories as listed in Attachment "I" Costs, Prepare a narrative Scope of Work listing all allowances, assumptions and clarifications within the cost bid proposal. The scope of the Bidder(s) work consists of the totality of the Construction Firm's d udes and obligations under the Contract Documents. 3.2 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 138CRA's sole discretion. Supervision 3.3 Permit Fees The B13CRA has pre-paid for the plan review and construction permit fees associated with the project as of the date of issuance of the ITB. The BBC RA will pay the City of Boynton Beach directly for any additional fees or costs associated with the completion of the Project excluding any fees or costs incurred by the selected contractor as a result of deficiencies in performance or oversights in construction management practices. WvWW. co i �&,Qa-asa ,CQW P AR, i C It M A M D, C 08 "T �15 t7i CT I I,) ot 3. ATTACUMENT "H" COST BID Projed Title; BOYNTON HARBOR MARINA HARBOR MASTER BITILDILNG & FUEL DOCK SITE EMMOVEMENT ]PROJECT Nameof Collage Design and Construction Group, Inc. d/b/a Bidder(s): The Collage Companies We prWow and agm, if this bid is accept4 to contract with the Boymon Beach Cmmwnity Rmdevalopment Agency, to fmmb aft material, equipxnad, machinery, tools, a means of transportation, oonshuction, coudination, labor and veMm necessary to compl c the work specificd by the Contract DDeuments. Having studied the documents prepared by V13B MillcrSaen and hrving examiwd the project adc we propow to perform the work of this Project samrding to the CoEdract Documents and any Addenda which we ban rewived: Tito Bidder(s) &groes to accept as M payment for the Project or Identified Portion of the Project. GRAND TOTAL. S 4 S4,S and 2L-'�- Cents (Lol� written in words has proczdencc1 The undersigned Biddcr(s) agrees to commence work within too (10) calendar days aftr the dato of the 'Notice to Proceed" has been awarded mid shatl a&wve substantial completion without intcrruptim witlim _ calendar days thereafter. Vv-9" One (1) Otiginal, one (1) unbound copy and ane (I)CDADVD of bid submitted Attached is a coinputer-gmen&A horh=bl bar chart showing proposed sdudule of worL SchcM@ of Suboontractor(s) mubmifted- Evidencc of possession of required licansw anWor business permits submitted. The undersigned hereby represents that he has carc(Wly otamrad ft drawhVp and 1he Contract including all Contract DocwnenK and will execute the Cantract and perform all its Ram, covanants and conditions, all in exact compliance with the requiiemcats of the specifkaftons and ftwings. 20 of 22 BoyNmN BRAcH CommuNrryRmxwELoPmsw AaEmy BOYNTONHARBORNIARINA HARBORMASTER BUILDING& FM DOCK SITED"ROVEWM P The Biddcr(sj by and througli the submission of his Bid, agrees that he has examined and shall be hold s sable fne having dwretafinc examined himself as to the character of the location, urfkw and respond route� underground obstructions, b l-, conditions and all other physiad dkwacteristics of the work in or thA he may thereby provide, fbr the satisfictory complefim lh=4 including the removat rclocafkm or replacement of my objects at obstructions which will be amuntered in performing the proposed work 11w 3® by ffabinission of this Bid, acknowledges that the BI s) has been advised that in the event that the Bidder(s) oonteats the award of this Roject to another flidder(s), the Biddar(s) damagc% if anN am limitod, to actual Bid preparation costs, and Biddc*) bmvby waives any claim it may have for other damages conung from the Boynton Beach Commmily Redevelopment Agancy'e failum to award the Ned B` s) Date December 10, 2013 --- ............... Collage Design and Construction Group, Inc The Collage Companies Name of Bidderft Corporation, Firm or Individual "'V"au By. Signature Brian A. Walsh PrintediTyped Name President Tide 407.829.2257 Telephone Number Florida Contrwtor's License Number: CGC 020818 21 of 22 BoyNmN BEACH CcwAuwff RED uvav)PmwTA%wy BOYNTON HARBOR MARINA HARBOR MASTERIBUILDING &FUSL DOCK SITE VMM4T PROJECT ATTACIMPU "P' CO5r BID CS& DhWION BRKAIMOWN tl DIVISTOId 01- GffiNERAL 79,231 79,231 CONDITIONS DIVISION O 279,141 ,1 1 DIVISION 03 - CONCRETE 157,049 , DIVISION MASONRY 16,195 16,195 DIVISION 0 - METALS 3,960 3,960 I ON 06 - WOODS & PLASTICS 69,413 22,12 22,12 MOWL)REFROTECTTON DIVISION 08 -DOORS 35,567 35,567 WINDOWS DIVISION 09 - ___S 58,254 58,254 DIVIGION 10 - 9MCIALTIBS 34,382 34,382 DIVISION II- EQUHWENT NA NA DlVfSION 1 A NA I)WISION 13 CONSTRUCTION DIVISION 14 - CONVEYANCE DIMION 15 - FIRE SPRINJKLERS NA NA PLUbABING 16,948 AC 21,500 2, DIVISION 1 - ELECTRI 114,470 114,47 SEMTOTAL 908,238 Bond 1, GmwW e Fee 45, , 8,270 consbaction pham Ow= to pay an f B pnica 03ffL] CONSTRUCTION TOTAL T 974,S41 22 of 22 BOYNTON BEACH CONIMUNITY REDEVELOP AGENCY BOYNTON HARBOR MARINA HARBOR MASTER BURDING & FUEL DOCK SrM IMPROVEMENTPROJECT Cl O N m N C E w �I V :a'., m ,zp, 41 Z a O �I z w 2 _ rc° �. '� r r ❑ N Z '' tP ❑ K V r Y r U` ❑❑ V N ° p ['1 5 p❑ N U� m � l I d' R J m d 0 6 v V I ° W G N 1 �rt f . - .. i u F F W= N W E I N W ¢F z r �' F ' �' Z n ^ _ U _ W h Q I C u'1 W Z a ^ io y V1 LL F ❑ "� Ic "1 a' W LL a v O y J Z t r- _ o c w r o a ce w w F x U Z U w Z N V w V ? 7 + W O W V m d w w= 1, w v m w f : A rc w '�' er ❑ z ❑ e4 Q ILL W . ?� • ° " R z Z4 to w d ❑ V rvj e i [� a � Z oe o. w IE � rc v- v v v c ILL LL LL u li r F F j I LL � r� `r � M 1- LL r r` r `r � r ` 3 r" '" _ L a V C n ry 9 U V 9 9 C 9 9 v L L v v h In O n m ' N m m ! 4 n m❑ O A r V o Z U w n m Z N w U m w a F U C K p O z m m ~ o w a w o z a s.• -a." d r p � c zu N? LL F z z a H 7 X r ❑ d z v s g p ❑ fz N 2 3 Wtu N �Z U w ce w vi w z r o fn c7 ❑ Y U c7 U Z tt LU a Iw w F a V p N a O rY S z c�7 c� N w N 4 0 N Z U O c U A U w w _ m a Z° W WE o rn z w a a w f � 8 z < t� w � z w o � P: v a g a�su: lu G a° z C z w z y p u Z U g g LL a a Q w t� m N p [! C7 Z a S7 w P m p m to d r w ¢ O z W a o Iq w a¢ �S^rin' w W p U S rn a w U U a a Q d rff `m m r 'ra z W m I v � ❑ N M O 't8 �r 1 O I" .� m �N N N N 'N N I ❑ ATTACHMENT III IPAIA DocumentA101 T11 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year (In words, indicate day, month and vear.) BETWEEN the Owner: (Name, legal status, address and other information) Bovnton Beach Community Redevelopment Agency This document has important legal consequences. Consultation with 710 N. Federal Highway an attorney is encouraged with Boynton Beach, FL 33435 respect to its completion or Phone - 561- 737 -3256 modification. Fax - 561- 737 -3258 AIA Document A201 TM 2007, General Conditions of the Contract for Construction, is adopted in this document by and the Contractor- reference. Do not use with other (Name, legal status, address and other information) general conditions unless this Collage Design & Construction Group, Inc. d /b /a The Collage Companies document is modified. 585 Technology Park Lake Many, Florida 32746 Office - 407 - 829 -2257 Fax - 407 - 829 -2258 for the following Project: (Name, location and detailed description) Boynton Harbor Marina Harbor Master Bldg & Fuel Dock Site 735 Casa Loma Boulevard, Boynton Beach, Ft. 33435 The Architect: (Name, legal status, address and other information) VHB Miller Sellen 225 E. Robinson Street. Suite 300 Orlando, Florida 32801 Office - 407 - 839 -4006 Fax - 407 - 839 -4008 The Owner and Contractor agree as follows. AIA Document A101 TM —2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: TVftA[0DwcumentIs protected by U.& Copyright Lavr and International Treaties. Unauthorized reproduction or � distribution of this MA Document, or any portion of it; may result in severe civil and criminal penalties, and will be prosecutedtothe maximum extent possible t under die law, This document was created on 0111 71201 4 14:44:24 under the terms of AIA Documents- on- Demandn' order no. 2008770130 , and is notfor resale, This document is licensed by the Amercan Institute of Architects for one -time use only, and may not be reproduced prior to its completion. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, ail of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9, ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The effective contract start date shall be ten (10) days after the Notice to Proceed date or the Permit Issue date which ever is later. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. As per Article 3 ALA Document A101 T"' — 2007. Copyright ®1915, 1918, 1925, 1937,1951, 1955, 1961, 1963, 1967, 1974,1977, 11987„ 1991, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AJA�Documeht is prolocted by U.S. Copyright Lawn and international Treaties. Unauthorized reproduction or 2 distribution of this AtODocument, or any portion of it may result in severe civil and criminal par+alties, and vAll be {prosecuted to the maximum extent possible t under the law, This documentwas created on 01/17/2014 14:44:24 under the terms of AIA Documents- on- Demandl order no. 2008770130 , and is not for resale. This document is licensed by the American Institute of Architects for one-time use only, and may not be reproduced prior to its completion. § 3.3 The Contractor shall achieve Substantial Completion 01 the entire Work not later than ( 240 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of ff commencement. appropriate, insert requirements, for earlier Substantial Completion of certain portions of the Work.) Contract Days shall be calculated by calendar days with the exception of Sundays and Legal Holidays. Final Completion shall be achieved within 30 days of the date of substantial completion Portion of the Work Substantial Completion Date NA NA subject to adjustments of this Contract 1`ime as provided in the Contract Documents. (Insert provisions, if any; for liquidated damages relating to failure to achieve Substantial Completion on time or, for bonus payments,for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 41 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Nine Hundred Seventy Four Thousand Five Hundred Forty -Five and 0100 Dollars ($ 974,545.00 } subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the eyecution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) NA § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, ifan{v, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) NA NA NA AIA Document A101 T, — 2007. Copyright (91915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1967, 1991, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. ARMING: This AIA ument is protected by U,S. Copyright Lawn and International Treaties. Unauthorized reproduction or 3 distribution of this AIA Document, or any portion of it may resuft in were civil and cri'ninal penalties, and will be prosecuted to the maximum extent possible t under the law. This documentwas created on 01/1712014 14:44:24 under the terms of AIA Documents- on- Demand order no. 2008770130 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced priorto its completion, § 4.4 Allowances included in the Contract Sum, if any: (Identz& allowance and state exclusions, if anv, from the allowanceprice) Item Price ($0.00) Owner Contingency (number is not a part of the contract sum) $ 145,182.00 ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: once each month, progress payments shall be made during the process of construction in amounts not to exceed ninety percent of the amount due on the contract on the basis of work completed as certified by the contractor and approved by Owner in accordance with Florida Statute 218.70 - 218.80 Timely Payment for the Purchase of Construction Services. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25 th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 20 Business Days day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than ten (10 ) days after the Architect receives the Application for Payment. Payments to the contract shall comply to Florida Statutes 218.70 - 218.80 (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201T General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of percent ( 1 %); 3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. AIA Document A101— – 2007. Copyright (D1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1491, 1997 and 2007 by The American Institute of In it. Architects. All rights reserved. WARNING This AleDoemment is protected by U.S. Copyright Law and InternationalTreaties. Unauthorized reproduction or 4 distribution of this Ale urnent, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under Hie law. This document was created on 0111 712014 14:44:24 under the terms of AIA Documents- on- DemandTM order no. 2008770130 , and is not for resale, This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shal I be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of'AIA Document,1201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety; if any) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201- -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: Per Florida Statutes 218.70 - 218.80oo (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.61 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Per Florida Statute 218.70 -218.80 § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Per Florida Statute 218.70 - 218.80 ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987. 1991, 1997 and 2007 by The American Institute of in it. Architects. All rights reserved. WARNING: This AleDocurnent is protected by U.S. copyright Law and International Treaties. Unauthorized reproduction or $ distribution of this A10 u nt, or any portion of it may result in severe civil and criminal penalties, and will be p eruted to the maximum extent possible t under the law. This document was created on 01/17/2014 14:44:24 under the terms of AIA Documents -on- Demand T order no. 2008770130 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its complefion. § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of ALA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of contpetentjurisdiction.) ❑x Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 ❑ Litigation in a court of competent jurisdiction ❑ Other: (Specify) In the County of Construction ARTICLE 7 TLRMINATION OIL SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of ALA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any) Per Florida Statute 218.70- 218 °80 § 8.3 The Owner's representative: (Name, address and other information) Michael Simon, Assistant Director 561- 737 -3256 simonm @bbtt.com § 8.4 The Contractor's representative: (Name, address and other information) David M. Trindade. Project Manager Office 407- 829 -2257 Direct Line 561 - 262 -2773 dtrindade @collage- usa.com § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. Init. AIA Document A101 TM — 2807. Copyright 0 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1967,1974,1977, 1987, 1991, 1997 and 2007 by The American Insftde of Architects. All rights reserved. WARNING: This AWDocument is prodacted by U.S. Copyright Law and Intarnational Treatise, Unauthorized reproduction or 6 dismbutron ofthis AW or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t underte lawn. This documentwas created on 01/1712014 14:44:24 under the terms of AIA Documents -on- Demand'*^ order no. 2008770130 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 8.6 Other provisions: NA ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard For n of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Pages Invitation to Bid Boynton Harbor Marina October 10, 2013 1-22 Harbor Master Building & Fuel Dock Site improvements Collage response to Invitation to Bid. December 10, 2013 § 9.1.4 The Specifications: (Either list the Specif cations here or refer to an exhibit attached to this Agreement) Section Title Date Pages Refer to Exhibit A - Contracts Document Listing AIA Document A101 T " — 2007. Copyright @ 1915, 1918, 1925, 1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of In it. Architects. All rights reserved. WARNING: This AIA` 00cument is protected by U.S. CGrosight Law and International Treaties. Unauthorized reproduction or 7 distribution of this AIA ' Document, or any portion of it y result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ! under the law. This documentwas created on 01117/2014 14:44:24 under the terms of AIA Documents- on- DemandTIA order no. 2008770130 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 9.1.5 4 he Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date See Exhibit A - Contracts Document Listing § 9.1.6 The Addenda, if any: Number Date Pages Addendum # 01 November 27, 2013 1-4 Addendum # 02 December 4, 2014 1-2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201TSL2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here anv additional documents that are intended to form part of the Contract Documents. AIA Document A201- 2007provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample, forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement, They should be listed here onlv if intended to be part of the Contract Documents.) AIA Document A101 1 "— 2007. Copyright (D 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. ARNiND: This AeDocument is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or disbibution of this AleDocurnent, or any portion of it may result in severe chili and criminal penalties, and will be prosecuted to the maximum extent possible t underthe Parr. This document was created on 01 /17/2014 14:44:24 under the terms of AIA Documents- on- Demand order no. 2008770130 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article II of AIA Document ,4201- 2007.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Payment & Performance Bond $1,072,000 General Liability Insurance $2,000,000 Workers Compensation Insurance $1,000,000 Excess Liability Insurance $2,000,000 This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) Brian A, Walsh, President (Printed name and title) (Printed name and title) Collage Design and Construction Group, Inc. dba The Collage Companies Init. AIA Document A101 TM — 2007. Copyright ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963,1967, 1974,1977, 1987, 1491, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AieDocumont is protected by U.S. Copyright Law and internat5onat Treatfes. Unauthorized reproduction or 9 distribution of this Ale` "' Document, or any portion of it may wsuit in severe civil and criminaN penWtios, and will be prosecuted to the maximum extent possible j under the law. This document was created on 01/1712014 14:44:24 under the terms of AIA Documents- on- DemandTM order no. 2008770130 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. Document TM - 2007 General Conditions Contract for Construction for the following PROJECT: (Nance and location or address) Boynton Harbor Marina Harbor Master Bldg & Fuel Dock Site This document has important legal 735 Casa Loma Blvd,, Boynton Beach, FL 33435 consequences. Consultation with an attorney is encouraged with respect to its completion or modification. THE OWNER: (Name legal .stales and address) Boynton Beach Community Redevelopment Aqency 710 N. Federal Highway Boynton Beach. Florida 33435 THE ARCHITECT: (Name legal status and address) VHB Miller Sellen 225 E Robinson Street, Suite 300 Orlando, Florida 32801 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Init. AIA Document A201 TM — 2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AW' Document is protected by U.S. copyright Law and lnternationaI Treaticss. Unauthorized repro- 1 ductuon or distribution of tile, ALA"Documcnt, or wiy portion of it may result in severe civil and criminal y naities, and xrM be prosecuted to the mareirr uni I extent possible under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. INDEX Architect's Administration of the Contract (Topics and numbers in bold are section headings.) 3.1.3, 4,2, 3.7.4, 15.2, 9.4.1, 9,5 Architect's Approvals 2.4.1,3.1.3,3.5,3.10.2,4.2.7 Acceptance of Nonconforming Work Architect's Authority to Reject Work 9.6.6, 9.9 3, 12.3 3.5, 4.2.6, 12.12, 12.2.1 Acceptance of Work Architect's Copyright 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 1.1.7, 1.5 Access to Work Architect's Decisions 3.16, 6.2.1, 12.1 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, Accident Prevention 7.3,7, 7.3,9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 10 13.5.2, 15.2, 15.3 Acts and Omissions Architect's Inspections 3,2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 3.7.4, 4,2.2, 4.2.9, 9.4.2, 9,8.3, 9.9.2, 9.10.1, 13.5 10.2.8, 13.4.2, 13.7, 14.1, 15.2 Architect's Instructions Addenda 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.5.2 1.1.1, 3.11.1 Architect's Interpretations Additional Costs, Claims for 4.2.11, 4.2.12 3.7.4, 3.7.5, 6.1.1, 7.3.7.5, 10.3, 15.1.4 Architect's Project Representative Additional Inspections and Testing 4.2.10 9.4.2, 9 8.3, 12.2.1, 13.5 Architect's Relationship with Contractor Additional Insured 1.1.2, 1.5, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 1 l.1.4 3.7.4,3.7.5,3.9.2, 3.9.3,3.10,3.11,3.12,3.16,3.18, Additional Time, Claims for 4.1.2, 4.1.3, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.5 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3.7, 12, 13.4.2, 13.5, Administration of the Contract 15.2 3.1.3, 4.2, 9.4, 9.5 Architect's Relationship with Subcontractors Advertisement or Invitation to Bid 1.1.2, 4,2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3,7 1.1,1 Architect's Representations Aesthetic Effect 9.4.2, 9.5.1, 9.10.1 4,2,13 Architect's Site Visits Allowances 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 3.8, 7.3.8 Asbestos All -risk Insurance 10.3.1 1.1.3.1, 11,3.1.1 Attorneys' Fees Applications for Payment 3.18.1, 9.10.2, 10.33 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5 1, 9.6.3, 9.7, 9. 10, Award of Separate Contracts 11.1.3 6.1.1, 6.1.2 Approvals Award of Subcontracts and Other Contracts for 2.1.1, 2.2.2, 2.4, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10, Portions of the Work 4.2.7, 9.3.2, 13.5.1 5.2 Arbitration Basic Definitions 8 .3.1,11.3.10,13.1.1,15.3.2,15.4 1.1 ARCHITECT Bidding Requirements 4 1.1.1, 5.11, 11.4.1 Architect, Definition of Binding Dispute Resolution 4.1.1 9.7,11.3.9,11,3.10 ,13.1.1,15.2.5,15.2.6.1,15.3.1, Architect, Extent of Authority 15.3.2, 15.4,1 2.4.1, 3.12.7, 4.1, 4.2, 5.2, 6.3, 7.1.2, 7.3.7, 7.4, 9.2, Boiler and Machinery Insurance 9.3.1,9.4,9.5,9.6.3 ,9.8,9.10.1,9.10.3,12.1,12.2.1, 11.3.2 13.5 1, 13.5.2, 14.2.2, 14.2.4, 15.1.3, 15.2.1 Bonds, Lien Architect, Limitations of Authority and Responsibility 7.3.7.4, 9.10.2, 9.10.3 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, Bonds, Performance, and Payment 4.2.3, 4.16, 4,2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 7.3.7.4, 9.6.7, 9.10.3, 11.3.9, 11.4 9.4.2, 9.5.3, 9.6.4, 15.1.3, 15.2 Building Permit Architect's Additional Services and Expenses 3.7.1 2.4.1, 11.3.1.1, I2.2.1, 13.5.2, 13.5.3, 14.2.4 Capitalization 1.3 Init. AIA Document A201 TM — 2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING; This Ale Document is protected by U.S. Copyright Law and international Treaties. Unauthorized repro- 2 d€uction or distribution of this AIA"" Document, or arty portion of €t, may result in severe civil and cormnal penalties, and will be (prosecuted to the maximum extent possible under the law, This document was created on 01121/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. Certificate of Substantial Completion Compliance with Laws 9.8.3,9.8.4,9.8.5 1. 6.1, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 4,1.1, 9.6.4, Certificates for Payment 10.2.2, 1 L 1, 11.3, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.3 Concealed or Unknown Conditions Certificates of Inspection, Testing or Approval 3.7.4, 4.2.8, 8.3.1, 10.3 13.5.4 Conditions of the Contract Certificates of Insurance 1.1.1, 6,1.1, 6.1,4 9.10.2, 11.1.3 Consent, Written Change Orders 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.8.5, 9.9.1, 1.1.1, 2.4.1, 3.4.2, 3.7.4, 3.8.23, 3.11.1, 3.12.8, 4.18, 9.10.2, 9.10.3, 11.3.1, 13.2, I3.4.2, 15.4.4.2 5.2.3, 7.I.2, 7.1.3, 7.2, 7.3.2, 7.3.6, 7.3.9, 7.3.10, Consolidation or Joinder 8.3.1, 9.3.1.1, 9 10.3, 10.12, 11.3.1.2, 11.3.4, 11.3.9, 15.4.4 12.1.2, 15.1.3 CONSTRUCTION BY OWNER OR BY Change Orders, Definition of SEPARATE CONTRACTORS 7.2.1 1.1.4, 6 CHANGES IN THE WORK Construction Change Directive, Definition of 2.11,3.11,4.2.8,7 ,72.1,7.3.1,7.4,8.3.1,9.3.1.1, 7.3.1 l 1.3.9 Construction Change Directives Claims, Definition of 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 15.1.1 9.3.1.1 CLAIMS AND DISPUTES Construction Schedules, Contractor's 3.2.4, 6.1.1, 6.3, 7.3 9, 9.3.3, 9.10.4, 10,33, 15, 15.4 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.5.2 Claims and Timely Assertion of Claims Contingent Assignment of Subcontracts l 5.4.1 5.4, 14.2.2.2 Claims for Additional Cost Continuing Contract Performance 3.2.4, 3.7.4, 6.1.1, 7.3.9, 10.3.2, 15.1.4 15.1.3 Claims for Additional Time Contract, Definition of 3.2.4, 3 7.46.1.1, 8.3.2, 10.3.2, 15.1.5 1.1.2 Concealed or Unknown Conditions, Claims for CONTRACT, TERMINATION OR 3.7.4 SUSPENSION OF THE Claims for Damages 5.4.1.1, 11.3.9, 14 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, Contract Administration 11.3.5, 11.3.7, 14,1,3, 14.2.4, 15.1.6 3.1.3, 4, 9.4, 9.5 Claims Subject to Arbitration Contract Award and Execution, Conditions Relating to 15.3,1, 15,4.1 3.7.1, 3.10, 5.2, 6.1, 11.1.3, 11.3.6, 11.4.1 Cleaning Up Contract Documents, Copies Furnished and Use of 3.15,6.3 1.5.2, 2.2.5, 5.3 Commencement of the Work, Conditions Relating to Contract Documents, Definition of 2.2.1, 3.2.2, 3.4 1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 1.1.1 6.2.2, 8.1.2, 8.2.2, 8.3,1, l 1.1, 11.3.1, 11.3.6, 11.4.1, Contract Sum 15.1.4 3.7.4, 3.8, 5.2.3, 7.2, 7.3, 7.4, 9.1, 9.4.2, 9.5.14, Commencement of the Work, Definition of 9.6.7, 9.7, 10.3.2, 11.3.1, 14.2.4, 14.3.2, 15.1.4, 8.1.2 15.2.5 Communications Facilitating Contract Contract Sum, Definition of Administration 9.1 3.9.1, 4.2.4 Contract Time Completion, Conditions Relating to 3.7.4, 3.7.5, 3.10.2, 5.2.3, 7.2.1.3, 7.3.1, 7.3.5, 7.4, 3.4.1,3.11,3.15,4 .2.2,4.2.9,8.2,9.4.2,9,8,9.9.1, 8.1.1,8.11,8.3.1, 9.5.1,9.7,10.3.2,12.1.1,14.32, 9.10, 12.2, 13.7, 14.1.2 15.1.5.1, 15.2.5 COMPLETION, PAYMENTS AND Contract Time, Definition of 9 8.1.1 Completion, Substantial CONTRACTOR 4.2.9, 8.1.1, 8.1.3, 82.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 3 12.2, 13.7 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction Schedules 3.10, 3.12.1, 3.12,2, 6.1.3, 15.1.5.2 Init. AIA Document A201— –2007. Copyright OD 1888, 1911, 1915, 1918, 1925, 1937, 1959, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 20D7 by The American Institute of Architects. All rights resenred.'yWA h WGt This AlA``' Document is protected by ILY.S. Copyright Law and international Treades. (Unauthorized repro.. 3 duction or distribution rat tfris Aldo' urnent or any portion of k may result in severe Diva! a nd cr pAri;xl penalties, and %an be prosecuted to tha maximu m I extent psr°9stbYe under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Institute ofArchilects for one -time use only, and may not he reproduced prior to its compietion. Contractor's Employees Damage to Construction of Owner or Separate 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, Contractors 11.1.1,11.3.7,14.1,14.2.1.1 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 11.1.1, 11.3, Contractor's Liability Insurance 12.2.4 11.1 Damage to the Work Contractor's Relationship with Separate Contractors 3.14.2, 9.9.1, 10.2.1.2, 10.2,5, 10,4.1, 1 1.3.1, 12.2.4 and Owner's Forces Damages, Claims for 3.12.5, 3.14.2, 4.2.4, 6, 11.3.7, 12.1.2, 12.2.4 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.1.1, Contractor's Relationship with Subcontractors 11.3.5, 11,3,7, 14,13, 14.2.4, 15.1.6 1.2,2, 3.3.2, 3.18.1, 3.18.2, 5, 9.6.2, 9,6.7, 9.10.2, Damages for Delay 11.3.1.2, 11.3.7, 11.3.8 6.1.1, 8.33, 9.5.1.6, 9.7, 10.12 Contractor's Relationship with the Architect Date of Commencement of the Work, Definition of 1.1.2, 1.5, 3.1.3, 3.2.2, 3,2.3, 3,2.4, 3.3,1, 3.4.2, 3.5, 8.1.2 3.7.4, 3.10, 3,1 1, 3,12, 3.16, 3.18, 4.1.3, 4.2, 5.2, Date of Substantial Completion, Definition of 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 8.1.3 10.3, 11.3.7, 12, 13.5, 15.1.2, 15.2.1 Day, Definition of Contractor's Representations 8.1.4 3.11, 3.2.2, 3.5, 3.12.6, 62.2, 8.2.1, 9.3.3, 9.8.2 Decisions of the Architect Contractor's Responsibility for Those Performing the 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 15.2, 6,3, Work 7.3.7, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 3.32, 3.18, 53 1, 6.1.3, 6.2, 9.5.1, 10.2.8 13.5.2, 14.2.2, 14.2.4, 15.1, 15.2 Contractor's Review of Contract Documents Decisions to Withhold Certification 3.2 9.4.1, 9.5, 9.7, 14.1.13 Contractor's Right to Stop the Work Defective or Nonconforming Work, Acceptance, 97 Rejection and Correction of Contractor's Right to Terminate the Contract 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.5, 9,5.1, 9.5.2, 9.6.6, 9.8.2, 14.1, 15.1.6 9.9.3, 9.10.4, 12.2.1 Contractor's Submittals Definitions 3.10,3.11,3.12,4,4 .2.7,52 .1,5.2.3,9.2,9.3,9.8.2, 1.1,2.1.1,3.1.1, 3.5,3.12.1,3.12.2,3.12.3,4.1.1, 9.8.3, 9 9.1, 9.10.2, 9.10.3, 11.1.3, 11.4.2 15.1.1,5.1, 6.1.2,7.2.1,7.3.1,8.1,9.1.9.8.1 Contractor's Superintendent Delays and Extensions of Time 3.9, 10.2.6 3.2,3.74,5.23,7.11,7.11,7.4,8.3,9.5.1,9.7. Contractor's Supervision and Construction Procedures 10.3.2, 10.4.1, 14,3.2, 15.1.5, 15.2,5 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, Disputes 7.1.3, 7.3.5, 7.3.7, 8.2, 10, 12, 14, 15.1.3 6.3, 7.19, 15.1, 15.2 Contractual Liability Insurance Documents and Samples at the Site 11.1.1.8, 11.2 3.11 Coordination and Correlation Drawings, Definition of 1.2,3.2. 1,3.3.1,3.10,3.12.6,6.1.3,62.1 1.1.5 Copies Furnished of Drawings and Specifications Drawings and Specifications, Use and Ownership of 1.5, 2.2.5, 3.11 3.11 Copyrights Effective Date of Insurance 1.5, 3.17 8.2.2, 11.1.2 Correction of Work Emergencies 2.3, 2.4, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2 10.4, 14.1.1.2, 15.1.4 Correlation and Intent of the Contract Documents Employees, Contractor's 1.2 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, Cost, Definition of 10.3.3, 11.1.1, 11.3.7, 14.1, 14.2, L l 7.3.7 Equipment, Labor, Materials or Costs 1.1.3, 1.1,6, 3.4, 3.5, 3.8.2, 18.3, 3.12, 3.13.1, 3.15.1, 2.4.1, 3.2.4, 3.7.3, 3.8.2, 3.152, 5.42, 6.1.1, 6.2.3, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 7.3.3.3, 7.3.7, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 l 1.3, 12.1.2, 12.2.1, 12.2.4, 13.5, 14 Execution and Progress of the Work Cutting and Patching 1.1.3, 1.11, 1.2,2, 2.2.3, 2.2.5, 3,1, 3.3.1, 3.4.1, 3.7.1, 3.14,6.2.5 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.5, 8.2, 9.5. 1, 9.9.1, 10.2, 10.3, 12.2, 14.2, 14.3.1, 15.1.3 Init. AfA Document A201 TM —2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Archilects. All rights reserved. WARNING. This Ale Document is protected by U.S, Copy6gfat ILadu and Ilrntern d.brral Tireatles. Unauthorized repro- 4 duction or distribution of thls Abk'" Docurrnent, or any poiroon of 8t. may result in severe civil and crkniiinai penadlles, and w0ll be prosecuted taro the imammbum ezlent po%Mble uundsr the taw. This document was created on 01!21!2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Instlute of Architects for one -lime use only, and may not be reproduced prior to its completion. Extensions of Time insurance, Loss of Use 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 11.3.3 10.4.1, 14.3, 15.].5, 15.2.5 Insurance, Owner's Liability Failure of Payment 11.2 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 14,2.1.2 Insurance, Property Faulty Work 10.2.5, 11.3 (See Defective or Nonconfonning Work) Insurance, Stored Materials Final Completion and Final Payment 9.3.2 4.2.1, 4.2,9, 9.8,2, 9.10, 11.1.2, 11.1.3, 11.3.1, 11.3.5, INSURANCE AND BONDS 12.3.1, 14.2.4, 14.4.3 11 Financial Arrangements, Owner's Insurance Companies, Consent to Partial Occupancy 2.2.1, 13.2.2, 14.1.1.4 9.9.1, Fire and Extended Coverage Insurance Intent of the Contract Documents 11.3.1.1 1.2.1, 4.2.7, 4.2.12, 4.2,13, 7.4 GENERAL PROVISIONS Interest 1 13.6 Governing Law Interpretation 13.1 1 2.3,1.4,4.1.1,5.1,6.1.2,15.1.1 Guarantees (See Warranty) Interpretations, Written Hazardous Materials 4.2.11, 4212, 15.1.4 10.2.4, 10.3 Judgment on Final Award Identification of Subcontractors and Suppliers 15.4.2 5.2.1 Labor and Materials, Equipment Indemnification 1.1.3, 1.1.6, 3.4, 3.5, 18.2, 3.8.3, 3.12, 3.13, 3.15.1, 3.17, 3.18, 9.10.2, 10.3.3, 10.3 5, 103.6, 11,3.1.2, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.7, 9.3.2, 9.3.3, 9.5.1.3, 11.3.7 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Information and Services Required of the Owner Labor Disputes 2.1.2, 2.2, 3.2.2, 3 12.4, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 8,3,1 9.6.1, 9.6.4, 9.9 2, 9.10.3, 10 33, 11.2, 11.4, 13.5.1, Laws and Regulations 13.5.2, 14 1.1.4, 14.1.4, 15.1.3 1.5, 3.2.3, 3.6, 3.7, 3.12.10, 3.13.1, 4,1.1, 9.6.4, 9.9.1, Initial Decision 10.2.2, 11.1.1, 11.3, 13.1.1, 13.4, 13.5.1, 13.5.2, 15.2 13.6. 1, 14, 15.2.8, 15.4 Initial Decision Maker, Definition of Liens 1.1.8 2.1.2, 9.3.3, 9.10.2, 9.10.4, 1528 Initial Decision Maker, Decisions Limitations, Statutes of 142.2,14.24,15 .2.1,15.2.2,15.2.3,15.2.4,152.5 12.2.5, 13.7, 15.4.1.1 Initial Decision Maker, Extent of Authority Limitations of Liability 14.2.2, 14.14, 15.1.3, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 2.3.1, 3.2.2, 3.5, 3.12.10, 3.17, 3.18.1, 4.2.6, 4.2.7, 15.2.5 4.2.12, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 10.2.5, 10.3.3, Injury or Damage to Person or Property 11.1.2, 11.2, 11.3.7, 12.2.5, 13.4.2 10.2.8, 10.4.1 Limitations of Time Inspections 2.1,2, 2.2, 2.4, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.83, 5.2, 5.3.1, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 93.1, 9.3.3, 9.9.2, 9.10.1, 12,2,1, 13.5 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 11.1.3, 11.3.1.5, Instructions to Bidders 11.3.6, 11.3.10, 12.2, 13.5, 13.7, 14, 15 1.1.1 Loss of Use Insurance Instructions to the Contractor 11.3.3 3.2.4, 3.3.1, 3.8.1, 5.2 1, 7, 8.2.2, 12, 13.5.2 Material Suppliers Instruments of Service, Definition of 1. 5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.6, 9.10.5 1.1.7 Materials, Hazardous Insurance 10.2.4, 10.3 3.18,1, 6,1.1, 7.3.7, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 11 Materials, Labor, Equipment and Insurance, Boiler and Machinery 1.1.3, 1.1.6, 1.5.1, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 11.3.2 3.13.1, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 621, 7.3.7, 9.3.2, Insurance, Contractor's Liability 9.3.3, 9.5.1.3, 9.10.2, 102,1.2, 10.2.4, 14.2.1.1, 11.1 14.2.1.2 Insurance, Effective Date of 8.2.2, 11.1.2 AIA Document A201 TM —2007. Copyright ©1888, 1911, 1915, 191B, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. wARNIM This ABA`' Document is protected by US. Copyright Lava and international Treaties, tinaudiorized repro - duction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties„ and m611 be prosecuted to ttre maxiNnuurn I extent possible under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. Means, Methods, Techniques, Sequences and Owner's Financial Capability Procedures of Construction 2.2.1, 13.2.2, 14.1.1.4 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Owner's Liability Insurance Mechanic's Lien 11.2 2.1.2, 15.2.8 Owner's Relationship with Subcontractors Mediation 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 8.3.1, 10.3.5, 10.3.6, 15.2.1, 15.2.5, 15.2.6, 15.3, Owner's Right to Carry Out the Work 15.4.1 2.4, 14.2.2 Minor Changes in the Work Owner's Right to Clean Up 1.1.1, 3.12,8, 4.2.8, 7.1, 7.4 6.3 MISCELLANEOUS PROVISIONS Owner's Right to Perform Construction and to 13 Award Separate Contracts Modifications, Definition of 6.1 1.1.1 Owner's Right to Stop the Work Modifications to the Contract 2.3 1.1.1, 1.1.2, 3 11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, Owner's Right to Suspend the Work 10.3.2, 11.3.1 14.3 Mutual Responsibility Owner's Right to Terminate the Contract 6.2 14.2 Nonconforming Work, Acceptance of Ownership and Use of Drawings, Specifications 9.6.6, 9.9.3, 12.3 and Other Instruments of Service Nonconforming Work, Rejection and Correction of 1.1.1, 1.1.6, 1.1.7, 1.5, 2.15, 3.22, 3.11.1, 3.17, 2.3.1, 2.4.1, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 4.2.12, 5.3.1 9,10.4, 12.11 Partial Occupancy or Use Notice 9.6.6, 9.9, 11.3.1.5 2.2 1, 2.3.1, 2.4.1, 3.2.4, 3.3 1, 3.7.2, 3.129, 5.2.1, Patching, Cutting and 9.7, 9.10, 10.2.2, 11.1.3, 12.2.2.1, 13.3, 13.5.1, 3.14, 6,2,5 13.5.2, 14.1, 14.2, 15 2.8, 15.4.1 Patents Notice, Written 3.17 2.3.1, 2.4.1, 3.3.1, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 9.7, Payment, Applications for 9.10, 10.2.2, 103, 11 1,3, 11.3.6, 12.2.2.1, 13.3, 14, 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 15.18, 15.4,1 14.2.3, 14.2.4, 14.4.3 Notice of Claims Payment, Certificates for 3,7.4,10.2.8,15.1.2,15.4 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9. 10. 1, Notice of Testing and Inspections 9.10.3, 13.7, 14.1.1.3, 14.2.4 13.5.1, 13.5.2 Payment, Failure of Observations, Contractor's 9.5.1.3, 9.7, 9.10.2, 13.6, 14.1.1.3, 142.1.2 3.2, 3,7.4 Payment, Final Occupancy 4,2,1, 4.2.9, 9.8.2, 9.10, 11.1.2, 11.1.3, 11.4.1, 12.3.1, 2.2.2, 9.6.6, 9.8, 11.3.1.5 13.7, 14.2.4, 14.4.3 Orders, Written Payment Bond, Performance Bond and 1 1. 1, 2.3, 3.9.2, 7, 8.2.2, 11.3,9, 12.1, 12.2.2.1, 7.3.7.4, 9.6.7, 9.10.3, 11.4 13.5.2, 14.3.1 Payments, Progress OWNER 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 2 PAYMENTS AND COMPLETION Owner, Definition of 9 2.1.1 Payments to Subcontractors Owner, Information and Services Required of the 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 2.1.2, 2.2, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, PCB 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 11.3, 13.5.1, 10.3.1 13.5.2, 14.1.1.4, 14.1.4, 15.1.3 Performance Bond and Payment Bond Owner's Authority 7.3.7.4, 9.6.7, 9.10.3, 11.4 1.5, 2,1,1, 2,3.1, 2.4.1, 3.4.2, 3.8.1, 3.12.10, 3.14.2, Permits, Fees, Notices and Compliance with Laws 4.1.2, 4.1.3, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6,3, 2.2.2, 3.7, 3.13, 7.3.7.4, 10.2.2 7.2.1, 7.3.1, 8.2.2, 83.1, 9.3.1, 9.3.2, 9.5.1, 9.6.4, PERSONS AND PROPERTY, PROTECTION OF 9.9.1,9.10.2,10.3. 2,11.1.3,11.3.3,113.10,12.2.2, 10 12.3.1, 13.2.2, 14.3, 14.4, 15.2.7 Polychlorinated Biphenyl 10.3.1 Init. AIA Document A201 TM —2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This A.W' IDocurrnent is protected by 'U.S. Copyright Law and lrnternationaV Tratifies. 'Unauthoa ixed repro • 6 duction or distribution of this M Document, or any podion of it, may result in severe civil and cdnnnM pornalties, and will the prosecuted to the er aAmum extent posMble tinder aw law, This document was created on 0112112014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Institute of Architects far one -time use only, and may not be reproduced prior to its completion. Product Data, Definition of Samples, Shop Drawings, Product Data and 3.12.2 3.11, 3.12, 4.2.7 Product Data and Samples, Shop Drawings Samples at the Site, Documents and 3.11, 3.12, 4.2.7 3.11 Progress and Completion Schedule of Values 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.3 9.2, 9,3.1 Progress Payments Schedules, Construction 9.3, 9.6, 9.8.5, 9.10.3, 13.6, 14.2.3, 15.1.3 3.10, 3.12.1, 3.12.2, 63.3, 15.1.5.2 Project, Definition of Separate Contracts and Contractors 1.1.4 I.1.4, 3, 12.5, 3. 14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Project Representatives Shop Drawings, Definition of 4.2.10 3.12.1 Property Insurance Shop Drawings, Product Data and Samples 10.2.5, 11.3 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site, Use of 10 3.13, 6.1.1, 6.2.1 Regulations and Laws Site Inspections 1.5,3.2.3,3.6,3.7, 3.12.10,3.13,4.1.1,9.6.4,9.9.1, 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.4.2, 9.10.1, 13.5 1022, 11 1, 11.4, 13.1, 13 4, 13.5.1, 13.5.2, 13.6, 14, Site Visits, Architect's 152.8, 154 3.7.4,4.2.2, 4.2.9,9.4.2,9.5.1,9.92,9.10.1, 13.5 Rejection of Work Special Inspections and Testing 3.5, 4.2.6, 12.2.1 4.2.6, 12.2.1, 13.5 Releases and Waivers of Liens Specifications, Definition of 9 10.2 1.1.6 Representations Specifications 32.1,3.5,3.12.6 ,6.2.2,8.2.1,9.3.3,9.4.2,9.5.1, 1.1.1,1.1.6,1.2 .2,1.5,3.11,3.12.10,3.17,4.2.14 9.8.2, 9 10.1 Statute of Limitations Representatives 13.7, 15.4.1.1 2.1.1, 3.1.1, 3.9, 4.1.1, 42 1, 4.12, 4.2.10, 5.1.1, Stopping the Work 5.11, 13 2.1 2.3, 9.7, 10.3, 14,1 Responsibility for Those Performing the Work Stored Materials 3.3.2, 3.18, 4.2.3, 5.3.1, 6.1.3, 6.2, 6.3, 9.5.1, 10 6.2.1, 9.3.2, 10.2.1.2, 1024 Retainage Subcontractor, Definition of 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9 10.2, 9.10.3 5.1.1 Review of Contract Documents and Field SUBCONTRACTORS Conditions by Contractor 5 3.2, 3.12.7, 6.1.3 Subcontractors, Work by Review of Contractor's Submittals by Owner and 1.2.2, 3.3.2, 3.12.1, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, Architect 9.6.7 3,10.1, 3.10.2, 3.11, 3.12, 4.2, 5 2, 6.1.3, 9.2, 9.8.2 Subcontractual Relations Review of Shop Drawings, Product Data and 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Samples by Contractor Submittals 3.12 3.10,3.11,3.12,4 .2.7,5.2.1,5.23,7.3.7,9.2,9.3, Rights and Remedies 9.8, 9.9.1, 9.10.2, 9.10.3, 11.1.3 1.1.2, 2.3, 2.4, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6. 1, Submittal Schedule 6.3, 7.3.1, 8.3, 9.5 1, 9.7, 10.2.5, 10.3, 12.2.2, 12.2.4, 3.10.2, 3.12.5, 4.2.7 13.4, 14, 15.4 Subrogation, Waivers of Royalties, Patents and Copyrights 6.1,1, 11.3.7 3.17 Substantial Completion Rules and Notices for Arbitration 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 15.4.1 12.2, 13.7 Safety of Persons and Property Substantial Completion, Definition of 10.2, 10.4 9.8,1 Safety Precautions and Programs Substitution of Subcontractors 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, 10.2, 10.4 5.2.3, 5.2.4 Samples, Definition of Substitution of Architect 3.12.3 4.1.3 Init. AIA Document A201— –2007. Copyright © 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNINQ This AI s ' Document is protected by UJ S, Copyright Luau and Interna orral i`reaties. Unauthorized repro- 7 duction car distribution of this AIA`' Document„ or any portion of it may result in severe civil arse) criminal penalties, and will be prosecuted to the maxim um f extent possible under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documenis -0n- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. Substitutions of Materials Time Limits on Claims 3.4.2, 3.5, 7.3.8 3.7.4, 10.2.8, 13.7, 15.1.2 Sub - subcontractor, Definition of Title to Work 5.1.2 9.3.2, 9.3.3 Subsurface Conditions Transmission of Data in Digital Form 3.7.4 1.6 Successors and Assigns UNCOVERING AND CORRECTION OF WORK 13.2 12 Superintendent Uncovering of Work 3.9, 10.2.6 12.1 Supervision and Construction Procedures Unforeseen Conditions, Concealed or Unknown 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6,1.3, 6.2.4, 3,7.4, 8.3.1, 10.3 7.1.3, 7.3.7, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.3 Unit Prices Surety 7.3.3.2, 7.3.4 5.4.1.2, 9.8.5, 9.10.2, 9.10.3, 14.2.2, 15.2.7 Use of Documents Surety, Consent of 1.1.1, 1. 5, 2.2.5, 3.12.6, 5.3 9.10.2, 9.10.3 Use of Site Surveys 3.13, 6.1.1, 6.2.1 2.2.3 Values, Schedule of Suspension by the Owner for Convenience 9.2, 9.3.1 14.3 Waiver of Claims by the Architect Suspension of the Work 13.4.2 5.4.2, 14.3 Waiver of Claims by the Contractor Suspension or Termination of the Contract 9.10.5, 13.4.2, 15.1.6 5.4.1.1, l4 Waiver of Claims by the Owner Taxes 9.9.3, 9.10.3, 9.10.4, 12.2,2.1, 13.4.2, 14.2.4, 15.1.6 3.6, 3.82.1, 7.3.7.4 Waiver of Consequential Damages Termination by the Contractor 14.2.4, 15.1.6 14.1, 15,1.6 Waiver of Liens Termination by the Owner for Cause 9.10.2, 9.10.4 5.4 1.1, 14.2, 15.1.6 Waivers of Subrogation Termination by the Owner for Convenience 6.1.1, 11.3.7 14.4 Warranty Termination of the Architect 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.4, 12.2.2, 13.7 4.1.3 Weather Delays Termination of the Contractor 15.1.5.2 14.2.2 Work, Definition of TERMINATION OR SUSPENSION OF THE 1.1.3 CONTRACT Written Consent 14 1.52, 14.2, 3.7.4, 3.12.8, 3.142, 4.1.2, 9.3.2, 9.8.5, Tests and Inspections 9.9.1, 9.10.2, 9.10.3, 11.4.1, 13.2, 13.4.2, 15.4.4.2 3.1.3, 3.3.3, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.92, Written Interpretations 9.10.1, 10.3.2, 11.4.1 1, 12.2.1, 13.5 4.2.I1, 4.2.12 TIME Written Notice 8 2.3,2.4,3,3.1,3.9, 3.12.9,3.12.10,5.2.1,8.2.2,9.7, Time, Delays and Extensions of 9.10, 10.2.2, 10.3, 11.1.3, 12.2.2, 12.2.4, 13.3, 14, 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 15.4.1 10.3.2, 10.4.1, 14.3.2, 15.1.5, 15.2.5 Written Orders Time Limits 1.1.1, 2.3, 3.9, 7, 8.2.2, 12.1, 12.2, 13.5.2, 14.3.1, 2.1.2,2.2,2.4,3.2 .2,3.10,3.11,3.115,3.15.1,42, 15.1.2 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9,7, 9.8, 9.9, 9.10, 11,1.3 12.2, 13.5, 117, 14, 15.1.2, 15.4 Init. AIA Document A201W — 2007. Copyright ©18B8, 1911, 9915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Instdule of Architects. All rights reserved. WfiaP;t MGt This Alk Document is protected by U.S. Copyright Law and international Treaties. Unauthorized repro- 8 durction or distribution of th s Ale' Document, ocu ment, or any potion of 6t. may resWt 41 severe oivil and criminal penalties, and will be prosecuted to the rmxini urn ! extent possible under ttme law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute otAmhitects for one -time use only, and may not be reproduced prior to its completion. ARTICLE 1 GENERAL PROVISIONS § 1.1 BASIC DEFINITIONS § 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding requirements. § 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral, The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub- subcontractor, (3) between the Owner and the Architect or the Architect's consultants or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or apart of the Project. § 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by separate contractors. § 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. § 1.1.8 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 INITIAL DECISION MAKER The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2 and certify termination of the Agreement under Section 14.2.2. § 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. AIA Document A201M —2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 19B7,1997 and 2007 by The American Init. institute of Architects. All rights reserved. WARN IN .: This Ale Document is lenatected by U.. Copyright Lair and International Treaties. Unauthor teed repro- 9 duction or distribution of this AW Document, or any portion of it may result in severe civO and criminal penalties, and will be prosecuted to the maximum f extent possible under the law. This document was created on 01121/2014 11:30:19 under the terms of AIA Documents -on- Demand order no 2008770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced priorto its completion, § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well -known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 CAPITALIZATION Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles or (3) the titles of other documents published by the American Institute of Architects. § 1.4 INTERPRETATION In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific vk itten consent of the Owner,. Architect and the Architect's consultants. § 1.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, unless otherwise already provided in the Agreement or the Contract Documents. ARTICLE 2 OWNER § 2.1 GENERAL § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 2.2.1 Prior to commencement of the Work, the Contractor may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. Init. AlA document A201 TM —2007. Copyright ©1888, 1911, 9915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Tlhis AIA " Docurnent is protected by U.S. copyright Law and international Treaties, Unautho ized repro- 1 duction or distribution of this AWA ument, or any portion of it may result to severe civil and crfrnlnal penalties, and vwfll be prosecuted to the ma rinnum j extent possible under the lawn. This document was created on 61/2112014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not he reproduced prior to its completion. § 2.2.2 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.2.3 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.2.4 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.2.5 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.3 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten -day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessan by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. ARTICLE 3 CONTRACTOR § 3.1 GENERAL § 3.1 .1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to al l matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. Init. AIA Document A201Tm -2007. Copyright ®1888,1911,1915,1918, 1925,1937,1951, 1958,1981,1963, 1966, 1970, 1916,1987, 1997 and 2007 by The American Institute ofArchitecls. All rights reserved. WARNING. This AIA` Document is protected by U.S. copyright Lava and international Treaties. Unauthorised repro- 11 dt eban or distribution of this AIA`'' Document, or any portion of it may result in severe civil and criminal penalties, and andill be prosecuted io the rnaximum ! extent possible under the iaw. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -fime use only, and may not be reproduced prior to its completion. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.2.3, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall make Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any loss or damage arising solely from those Owner - required means, methods, techniques, sequences or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 LABOR AND MATERIALS § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work authorized by the Architect in accordance with Sections 3.12.8 or 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Init. 9 p y 87, 1997 end 2007 by The American AIA Document A2 TM — Copyright Institute of Architects. All rl hts reserved.'WAI�t�Ut1 . This Ale Document is roteoted b U.S. tl. . r ri ht li aw and Irinternational Treaties, Unauthorized repro.. 12 duction or distril l<tn of this AIA`'" If ocruirnent, or any port on of It, may result iin severe cavil and r„dminal penalties, and willl be prosecuted to the imaKiamnarrrn 1 extent possible sander the law„ This document was created on 0112112014 113019 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 3,4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. if required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.6 TAXES The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 PERMITS, FEES, NOTICES AND COMPLIANCE WITH LAWS § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other pennits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 CONCEALED OR UNKNOWN CONDITIONS If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, perfonmance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor in writing, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may proceed as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shalt continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. Init. AIA Document A201 Copyright 01888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. Ali rights reserved. WARNING: This Ate Document is protected kry U.. Copyright Law and International Treades. Unauthorized repro- 13 duction or distdbution of this AW' Do urnent, or any portion of it, may result in severe civil and c6mi nal penallties�, and will Use prosecuted to the maximum extent possibee under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 3.8 ALLOWANCES § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents: .1 Allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 Whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (l) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 SUPERINTENDENT § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the name and qualifications of a proposed superintendent. The Architect may reply within 14 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to the proposed superintendent or (2) that the Architect requires additional time to review. Failure of the Architect to reply within the 14 day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3,10 CONTRACTOR'S CONSTRUCTION SCHEDULES § 3.10.1 The Contractor, promptly aft er being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 3.10.2 The Contractor shall prepare a submittal schedule, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, and shall submit the schedule(s) for the Architect's approval. The Architect's approval shall not unreasonably be delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. if the Contractor fails to submit a submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 DOCUMENTS AND SAMPLES AT THE SITE The Contractor shall maintain at the site for the Owner one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. Init. AIA DocumentA201Tm —2007. Copyright ®1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1968, 1970, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARRING: This AIA`" Document is pro Wted by U.B. Copyright Law and International Treaties. Unauthorized repro- 4 duction or distribution of this AIA "' Document. or any portion of it, may result in severe civil and criminal penaefies, and will be prosecuted to the rnaxirnum extent posslble under the haw. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -fime use only, and may not be reproduced prior to its completion. § 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES § 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specialty prepared for the Work by the Contractor or a Subcontractor, Sub - subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Their purpose is to demonstrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled AIA Document A201 T" —2007. Copyright ©1868, 1911, 1915, 191$ 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNWG This AW' Docum mit i~s protectad by t9..a. Copyright Law and International treaffes. Unauthorized repro- 15 ducfion or dk4. ibufton of this AIA"Docurnent„ or any portion of it may result: M severe dull and cmlrrm6nal penaliles., amid will be j,'noaecuted to tho maximum I extent possible under the tamp. This document was created on 01/21/2014 11:3a 19 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale, This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance and design criteria specified in the Contract Documents. § 3.13 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 CUTTING AND PATCHING § 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts ft together property. All areas requiring cutting, fitting and patching shall be restored to the condition existing prior to the cutting, fitting and patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work. § 3.15 CLEANING UP § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials rubbish, the Contractor's tools. construction equipment, machinery and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Contractor. § 3.16 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 3.17 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 3.18 INDEMNIFICATION § 3.18.1 To the fullest extent permitted by law the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce In It. AIA Document A201 m — 2007. Copyright ®1688, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1983, 1986, 1970, 1976, 1987, 1997 and 2007 by The American Institute cfArchilects. All rights reserved.'M..1 iP#Cx. "this. ABA' Docurnent'is protected by U. Copyright haw and Mternationai'i reaties. Unauthorized repro- 16 dWdOn or distribution of this °"el�Z. ° ° " Document, or wq portion of it, may result in severe cim it and crinunal penairies, and a riii tae prs5�ecuted to the rnaximuni extent possitule sander the law. This document was created on 01121/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 GENERAL § 4.1.1 The Owner shall retain an architect lawfully licensed to practice architecture or an entity lawfully practicing architecture in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. § 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a successor architect as to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 4.2 ADMINISTRATION OF THE CONTRACT § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 3.3.1. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 COMMUNICATIONS FACILITATING CONTRACT ADMINISTRATION Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Init. AIA Document A201 TM — 2007. Copyright 01888 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. A.RNN ;. Ttais Ale Document is pnMected by U,S. Copyrlght Law and International Treaties,. Unarattacnized repro- 17 duction or distdb �ilon of tlds AM" Document, air any portion of at, may resuNt in severe o "WH and criminal pLnalttes„ Brad will be prosecuted to die rnax'murna f extent possible under the &aw,, This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -Dn- Demand order no. 2008770779, and is not for resale. TMs document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced priorin its completion. Work in accordance with Sections 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5 and 3.12. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. The Architect will review submittals and return same to the Contractor within Seven (7) days of receipt of said submittals- § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties. responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents an written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents, The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 DEFINITIONS § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. Init. AIA Document A201° —2007. Copyright ®1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1986, 1970, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. 'wAR NMGP This AIA` "' Document is protected by Lt. . copyright Law and international "treaties. unauthorized repro- 7 8 duction or distribution of this AIA "' Qo urgent, or any portion of lit, may result in severe civil and criminal pGnalfies, and will be prosecuted to the maxianuarn f extent possible under the law. This document was created on 01121/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 5.1.2 A Sub- subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub- subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub - subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK § 5.2.1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect may reply within 1.4 days to the Contractor in writing stating (1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or (2) that the Architect requires additional time for review. Failure of the Owner or Architect to reply within the 14 -day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 SUBCONTRACTUAL RELATIONS By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, Nvhieh the Contractor, by these Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub - subcontractors, The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. § 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. Init. AIA Document A201 TM —2007. Copyright ®1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. wAftMNG: This Ale Document is protected by U.S, Copyright Law and Intern tonal `t "reataes. Unauthorized repro- 19 duction or distribution of this AlA "' Document, or any portion of it, may result in severe civil and criminal penalties, and will bQ prosecuted to the maximurn f extent possible under die law. This dacumeni was created on 0912112014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Institute ofArchilects for one -time use only, and may not be reproduced prior to its completion. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Article 15. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site. the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner - Contractor Agreement. § 6.1.3 The Oiler shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's ovin forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights that apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11 and 12. § 6.2 MUTUAL RESPONSIBILITY § 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 if part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a separate contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. AIA Document A201 Te — 2007. Copyright ®1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserve!. WARNING. This AIA Document is protected by U.S. Copyright Lave and International Treaties. Unauthorizod repro- 20 duction or distribution of this AIA " Document, or any auction of it May MSU t in severe cavil and criminal penalties, and vvill be prosecuted to the maximum f extent possible under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale_ This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 6.3 OWNER'S RIGHT TO CLEAN UP If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK All Changes in the Work will be cost plus 15% Fee. § 7.1 GENERAL § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor; an order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. § 7.2 CHANGE ORDERS § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 CONSTRUCTION CHANGE DIRECTIVES § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 if the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently °agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.7. § 7.3.4 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 7.3.5 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.6 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. Init. AIA Document A201 T" — 2807. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING. This AIA`'' Document is protected by US. Copyrig ht Law and international Treaties. Unauthorized repro- 21 rVuction or dlstribubon of this AJA 'Document, os any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maAmum extent possible under the law. This document was created on 01/2112094 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 7.3.7 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall detennine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.7 shall be limited to the following: .1 Costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 Additional costs of supervision and field office personnel directly attributable to the change. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect deternines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the salve basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15, § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 MINOR CHANGES IN THE WORK The Architect has authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes will be effected by written order signed by the Architect and shall be binding on the Owner and Contractor. ARTICLE 8 TIME § 8.1 DEFINITIONS § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1 .3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 PROGRESS AND COMPLETION § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, prematurely commence operations on the site or elsewhere prior to the effective date of insurance required by Article 11 to be AIA Document A201— — 2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. WARNNGThis AIA" Document is protected by U.S. C%yria3ht Low and international Treaties, unauthorized repro- 22 rdUctionn or ¢liistrlfautlan of tiers AIA'" Document, or any podOn of R. may resuft.. in severe civ4l and crlrnirnal ga snailtie *;s, and wfli be prosecuted to the rmaximurn ! € xtent possible under the law. This document was created an 01!2112014 11:30:19 under the terms of AIA Documents -on -Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute ofAmhitects for one -time use only, and may not be reproduced prior to its completion. furnished by the Contractor and Owner. The date of commencement of the Work shall not be changed by the effective date of such insurance. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time, § 8.3 DELAYS AND EXTENSIONS OF TIME § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or Architect, or of an employee of either, or of a separate contractor employed by the Owner; or by changes ordered in the Work; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control; or by delay authorized by the Owner pending mediation and arbitration; or by other causes that the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. Including delays for Acts of God, Hurricanes, Tropical Storms, Tornados. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 CONTRACT SUM The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.2 SCHEDULE OF VALUES Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit to the Architect, before the first Application for Payment, a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 9.3 APPLICATIONS FOR PAYMENT § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. Such application shall be notarized, if required, and supported by such data substantiating th e Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Init. AIA DocumentA201 —2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 20D7 by The American Institute of Architects. All rights reserved. WARKINGC This Ali Document is protected by tf.6. Copyright Law and International Treaties. Unauthorized re prsa- 23 duetion or distribution of this AlA ' ^current, or any portion of it, may result in severe civil and criminal penalties, and will b e prosecuted to the rrmarrlrnum ! extant possible under the Saw. This document was created on 0 1M/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials and equipment relating to the Work. § 9.4 CERTIFICATES FOR PAYMENT § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is property due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 DECISIONS TO WITHHOLD CERTIFICATION § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1, If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner, The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessan- hi the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.53 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or material or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect will reflect such payment on the next Certificate for Payment. § 9.6 PROGRESS PAYMENTS § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. Init. AIA Document A20t TM ' —2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIN'' Document as protected by U.S. Copyright Lear and International "treaties. Unauthorized repro- 24 duction or distribution of this MA Document, or any portion of it, may rea uit in severe civ81 and criminal penalties, and wi3l be prosecuted to the una,AMLI n ! extent possible under the i aw. This document was created on 01!2112014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion_ § 9.6.2 The Contractor shall pay each Subcontractor no later than seven days after receipt of payment from the Owner the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub- subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the Owner to the Contractor for subcontracted Work. if the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. § 9.6.5 Contractor payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.7 FAILURE OF PAYMENT If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut- down, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 SUBSTANTIAL COMPLETION § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. In it. AIA Document A201° —2007. Copyright ® 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Alff Document is protected by U.& Copyright Law and international Treaties. Unauthorized repro- 26 dauction or distribution of this Ale Docurnent„ or any portion of it, may reault in severe civil and criminal penalties, and will he prosecuted to the maximum f extent possible under the law. This document was created an 01121/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8,5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 PARTIAL OCCUPANCY OR USE § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Section 11.3.1.5 and authorized by public authorities having jurisdiction over the Project, Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 FINAL COMPLETION AND FINAL PAYMENT § 9.10.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10,2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Ovvuer's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. AIA Document A201 rM — 2007. Copyright ©188B, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1976, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. ARMING: This AIA`' Document is protected by U.S. Copyright Craw and Internatiosmi I reaties. Unauthorized re l�rra- 26 unction or distribution of thus AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the rwaximI) o If extent possible under the law. This document was created on 01/21/201 4 1 1:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 SAFETY OF PERSONS AND PROPERTY § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. § 10.2.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. § 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10,2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. Init. AI Document A201 TM —2007. Copyright b 1888 1911, 1915, 1918, 1925, 1937, 1951 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: NING: This Ale Document is protected by U.S. copyright Law and International Treaties. Unauthorized repro- 27 €fuction or distribugon of this MA`"' Document or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maAmum extent possible under the law. This document was created on 01!21!2014 11:30:19 under the terms of AIA Documents -nn- Demand order no. 2008770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced priorto its completion. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 INJURY OR DAMAGE TO PERSON OR PROPERTY If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 HAZARDOUS MATERIALS § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials. if the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. § 10.3.2 Upon receipt of the Contractor's written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 10.3.3 To the fullest extent permitted by taw, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall indemnify the Owner for the cost and expense the Owner incurs (l) for remediation of a material or substance the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. In it. AIA document A201 T"' — 2007. Copyright ®1868, 1911,1915,1918,1925, 1937,1951,1958,1951, 1963,1966,1970,1976,1987,1997 and 2007 by The American Institute of Architects. All rights reserved. WARN0+1 . This Ally" Document a, pratected by U.S. Copyright Law and International rreaties, Unauthorized repro 2g duct'ion or distribution of this AIN Dsacrrar�ent, car any portron of It, may resent in. severe civil and � urinal pearmil ic+s, «grad will be prosecuted to the ma�I auraa 1 extent possible under the low, This document was created on 01!21!2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 10.4 EMERGENCIES In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 CONTRACTOR'S LIABILITY INSURANCE § 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations and completed operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 Claims under workers' compensation, disability benefit and other similar employee benefit acts that are applicable to the Work to be performed; .2 Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 Claims for damages insured by usual personal injury liability coverage; .5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; .7 Claims for bodily injury or property damage arising out of completed operations; and .S Claims involving contractual liability insurance applicable to the Contractor's obligations under Section 3.18. § 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained after final payment, and, with respect to the Contractor's completed operations coverage, until the expiration of the period for correction of Work or for such other period for maintenance of completed operations coverage as specified in the Contract Documents. § 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work and thereafter upon renewal or replacement of each required policy of insurance. These certificates and the insurance policies required by this Section 11.1 shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9.10.2 and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 1 l .1.2. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the Contractor with reasonable promptness. § 11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents to include (1) the Owner, the Architect and the Architect's consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 11.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 11.3 PROPERTY INSURANCE § 11.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's fnit. AIA Document A201 TM — 20117. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1956, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. wARidNG� This Al Document is protected by ti.. Copyright Law and international rreaf es. Unaurthorfzed repro- 29 duaction r r distribotion of this 1�i�,`' Document, or any portion of it, may result in severe c €xit and c,riinniai penMfios, and wi9l be prosecuted to the maxinaurn 1 extent possible under time 1sw. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. risk "all- risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract Modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 9.1 Q or until no person or entity other than the Owner has an insurable interest in the property required by this Section 11.3 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Project. § 11.3.1.1 Property insurance shall be on an "all- risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. § 11.3.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance that will protect the interests of the Contractor, Subcontractors and Sub - subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. if the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. § 11.3.1.3 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. § 11.3.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. § 11.3.1.5 Partial occupancy or use in accordance with Section 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. § 11.3.2 BOILER AND MACHINERY INSURANCE The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub - subcontractors in the Work, and the Owner and Contractor shall be named insureds. § 11.3.3 LOSS OF USE INSURANCE The Owner, at the Owner's option, may purchase and maintain such insurance as wit] insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. § 11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. § 11.3.5 Tf during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section 11.3.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. Init. AIA Document A201 ° — 2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. VVARNIIWC. This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized repro- 3� duction or dMribution of this AIA" urnent, car any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum ! extent possible under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -or- Demand order no. 2005770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 11.3.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 11.3.7 WAIVERS OF SUBROGATION The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subcontractors, sub - subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Section 11.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 11.3.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub - subcontractors in similar manner. § 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Contractor. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7 § 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power: if such objection is made, the dispute shall be resolved in the manner selected by the Owner and Contractor as the method of binding dispute resolution in the Agreement. If the Owner and Contractor have selected arbitration as the method of binding dispute resolution, the Owner as fiduciary shall make settlement with insurers or, in the case of a dispute over distribution of insurance proceeds, in accordance with the directions of the arbitrators. § 11.4 PERFORMANCE BOND AND PAYMENT BOND § 11.4.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. § 11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 UNCOVERING OF WORK § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. Init. AIA Document A201 TM — 2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 9963, 1966, 1970, 1976, 9987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document 6s protected by U.S, Copyright Law and lnternationat Treaties. UnauthaAyed repvxo- 31 duction or distribution of this A,IA "' Document, or any portion of it may resutt In revere c:ivit and cNmanM penalties„ and will the prosecuted to the maximum j extent possible under the law. This document was created on 0//211201 4 11 : 30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, such costs and the cost of correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. § 12.2 CORRECTION OF WORT( § 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 AFTER SUBSTANTIAL COMPLETION § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.4. § 12.2.2.2 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one -year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 ACCEPTANCE OF NONCONFORMING WORK If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. AIA Document A201 TM —2007. Copyright ©1888, 1911, 1915 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. AI I rights reserved. WARNING: This ALAO Document is protected by U.S. Copyright Law and Internationar Treatles. Mmuthorizaed repro- 32 dxuctio n car distaibution of th!a ALA`" D raument far any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the rnaxhnum extent possible under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Douuments -on- Demand order no. 2008770779 and is nut for resale. This document is licensed by the American Institute of Architects far one -time use only, and may not be reproduced prior to its completion. ARTICLE 13 MISCELLANEOUS PRUVISIUN5 § 13.1 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. 5555tt § 13.2 SUCCESSORS AND ASSIGNS § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to covenants, agreements and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that parry shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 13.3 WRITTEN NOTICE Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 13.4 RIGHTS AND REMEDIES § 13.4.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing. § 13.5 TESTS AND INSPECTIONS § 13.5.1 Tests, inspections and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Contractor. § 13.52 If the Architect, Owner or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection or approval not included under Section 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.5.3 shall be at the Owner's expense. § 13.5.3 if such procedures for testing, inspection or approval under Sections 13.5.1 and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure including those of repeated procedures and compensation for the Architect's services and expenses shall be at the Contractor's expense. § 13.5.4 Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. [nit. Document A201 m —2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American [nit. Institute of Architects. All rights reserved.' ARI NGf IWe AIA" Document is protected by I.V.S. Copy6ght Law and Intsarnstdonal Tdleatses, UmUthori zed repro- 33 duction or distribution of this AIA" DocUrnent or any portion of it may result in severe civil and crimkoal penalties, and will be prosecuted to the rnaximur n f extent possible under the law. This document was created on 01!21!2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779 , and is not for resale. This document is licensed by the American Insttute of Architects for one -time use only, and may not be reproduced prior to its completion. § 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.6 INTEREST Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. § 131 TIME LIMITS ON CLAIMS The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the time period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 13.7. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 TERMINATION BY THE CONTRACTOR § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor or a Subcontractor, Sub- subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor promptly. upon the Contractor's request, reasonable evidence as required by Section 2.2.1. § 14.1.2 The Contractor may terminate the Contract if through no act or fault of the Contractor or a Subcontractor, Sub - subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 14.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.I or 14.1.2 exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 TERMINATION BY THE OWNER FOR CAUSE § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. AIA Document A201 TM — 2007. Copyright ©1886, 1911, 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Init. Institute of Architects. All rights reserved. ArdNINGN This AVA" Document is protected by U.S. copyright Law and Interneflanall Trea6es. Unauthofted repv o- 34 ductGoea or distritnut can of this AlA Document, or any portion of it may reauFt in severe civil and crirninaV penaVties and will be prosecuted to the naaimum f extent possible under the laws This document was created on D 112112014 11 : 30:19 under the terms of AIA Documents -on- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Initial Decision Maker that sufficient cause exists to justify such action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE § 14.4.1 The Owner may, at any time, terminate the Contract for the Ow'ner's convenience and without cause. § 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be perforned prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Ow'ner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 CLAIMS § 15.1.1 DEFINITION A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. § 15.1.2 NOTICE OF CLAIMS Claims by either the Owner or Contractor must be initiated by written notice to the other parry and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. AIA Document A201 TM — 2007. Copyright O 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American In it. Institute of Architects. All rights reserved. WARKING This AIA Document is protected by U.& Copy ght Law and internatiorod Tveaties. Unauthorized repro- 35 auction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and wHI be prosecuted to the maximum ! extent passible under the law, This document was created on 01121/2014 11:30,19 under the terms of AIA Documents -on- Demand order no. 2008770779 and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3 CONTINUING CONTRACT PERFORMANCE Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. The Architect will prepare Change Orders and issue Certificates for Payment in accordance with the decisions of the Initial Decision Maker. § 15.1.4 CLAIMS FOR ADDITIONAL COST If the Contractor wishes to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.5 CLAIMS FOR ADDITIONAL TIME § 15.1.5.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.5.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. § 15.1.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons, and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.6 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 INITIAL DECISION § 15.2.1 Claims, excluding those arising under Sections 10.3, 10.4, 1 l .3.9, and l 1.3.10, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim arising prior to the date final payment is due, unless 30 days have passed after the Claim has been referred to the Initial Decision Maker with no decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (l) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. Init. AIA Document A201TM -2007. Copyright ©1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Last and International - treaties, Unauthorized repro- 36 duction or distribution otthis AID"" Docurrnent, or any portion of it, may result in severe civic and criminal penalties, and errall be prosecuted to true maxim urn 1 eztLnt possible under the law. This document was created on 01/21/2014 11:30:19 under the terms of AJA Documents -on- Demand order no. 2008770779, and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion, § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either (1) provide a response on the requested supporting data, (2) advise the initial Decision Maker when the response or supporting data will be furnished or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 in the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 MEDIATION § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.6 shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 ARBITRATION § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. Init. AIA Document A201— —2007. Copyright 1888, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. wARNiNG1 This AIA;'' Document is protmnted by U.S. Copyright Law and international Treaties. Unauthorized repro-- 37 duction or distribution of this AIA "' D uu mnt, or any portion of at, may result in severe civil and criminal penaCkies, and will tae prosecuted to the maximum ! extent possible under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 20OB770779 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to ifs completion. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 CONSOLIDATION OR JOINDER § 15.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Contractor under this Agreement. Init- AIA Document A201TM —2007. copyright ©18a8, 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved.'yilt RNING. This Ale Document is prolacted by t1.8. Copyright Law and lnternaflonal Treafiea, Unauthorized repro- 38 duction car distribution of this A10' Docuranent, or any portion of it, may result in severe civil and criminal penalties, and wM be prosecuted to the rrmArenurn 1 extent passible under the law. This document was created on 01/21/2014 11:30:19 under the terms of AIA Documents -on- Demand order no. 2008770779. and is not for resale. This document is licensed by the American Institute of Architects for one -bme use only, and may not be reproduced prior to its completion. Exhibit A 'COLLAGE Boynton Beach r Contract is Drawing Title Date C1.00 General Notes 08/14/13 02.00 Master Site Plan 06/18/13 C2.01 Demolition Plan 02/28/13 C2.02 Erosion Control Plan 02/28/13 03.00 Grading & Drainage Plan 02/28/13 C4.00 Utilities Plan 02/28/13 HS -1 Hardscape Plan 02/28/13 HS -2 Hardscape Layout Plan 02/28/13 HD -1 Hardscape Details 08/14/13 HD -2 Hardscape Details 08/14/13 HD -3 Hardscape Details 02/28/13 LS -1 Landscape Planting Plan 06/18/13 LS -2 Landscape Specifications 02/28/13 LS -3 Landscape Notes 02/28/13 LS -4 Landscape Notes, Planting Schedule & Details 06/18/13 EE -1 Site Lighting Plan 02/28/13 EE -2 Site Lighting Specifications 02/28/13 EE -3 Site Lighting Specifications 08/14/13 IR -1 Irrigation Plan 06/18/13 IR -2 Irrigation Details 02/28/13 IR -3 Irrigation Details 06/18/13 A01 Cover Sheet 05/06/13 A02 General Notes 02/28/13 A04 Life Safety Plan 08/07/13 A05 Accessibility Standards 05/06/13 All Architectural Site Plan 05/06/13 A21 Floor Plan 08/07/13 A22 Reflective Ceiling Plan 08/07/13 A31 Roof Plan 08/07/13 A41 Interior Elevations 05/06/13 A51 Exterior Elevations 08/07/13 A61 Building Sections 08/07/13 A62 Wall Sections 05/06/13 A63 Wall Types and Details 05/06/13 A64 Building Details 08/07/13 S -1 Foundation & Roof Framing Plans 05/06/13 S -2 Notes, Schedules, Typical Details 05/06/13 5 -3 Notes, Schedules, Typical Details 05/06/13 E0.1 Electrical Notes 05/06/13 Exhibit A MCOLLAGE Boynton Beach Harbor Marina Contract c is Drawing Title Date E2.1 Lighting Plan 05/06/13 E3.1 Power Plan 05/06/13 E5.1 Riser Diagram 05/06/13 M0.1 Mechanical Notes 05/06/13 M2.1 Mechanical Plan 08/09/13 M6.1 Mechanical Schedules 05/06/13 P0.1 Plumbing Notes 05/06/13 P2.1 Sanitary Plan 05/06/13 P3.1 Domestic Water Plan 05/06/13 P5.1 Plumbing Isometrics 05/06/13 e }r BOYNTO i, CRA 0211MBEAC' CRA BOARD MEETING OF'. February 11, 2014 consent rA.genda ( X I Old Business New Business C Legal Other SUBJECT: Consideration of Installing an Irrigation System on the Vacant Lot Located at 222 North Federal Highway. SUMMARY: At the November 12, 2U13 CRA Board Meeting, during a discussion regarding the negotiation status of the vacant lot located at 222 N. Federal Highway, CRA Board Member Fitzpatrick stated he was concerned about the appearance of the lot if it was to remain vacant. Specifically, he wanted to keep the newly installed sod from dying. See attached minutes. Negotiations for the development of the lot have ended and the lot will remain vacant at this time. Staff has received various estimates for the installation of an irrigation system on the lot. See attached estimates. The lot was sodded with Bahia grass specifically because it requires minimal care and holds up well during periods of drought, and resists bugs and insects. $3,012 to $3,431 —Acct. #01 -51620 -209 PROJECT: CRA PLAN, PROGRAM OR NIA RECOMMENDATIONS/OPTIONS: Requesting CRA Board Direction. Michael Simon Assistant Director MEETING MINUTES COMMUNITY REDEVELOPMENT AGENCY BOARD BOYP41 BEACI-1, R-ORIDA NOVEMBER 1 explained she and Attorney Miskel communicate well, Mr. Casello suggested negotiations remain at the table and not in the press. to Mr. Mer seconded the motion that unanimously passed- (Mr. Marker /eft the dais at 7:33 p, mJ Mr. Fitzpatrick noted he went to the water planting event and parked on the CRA property. There was sod laid, which looked like it would die unless it was watered. Ms. Brooks commented it is Bahia grass, and when it rains, it will come back. It cost over $3,000 for an irrigation system and a pump. Mr. Simon explained they typically sod over the demolition area. For two months, it rained so heavily, they could not harvest the sod, After it was laid, it had not rained. The grass is bred to come back when it rains. They were going to irrigate the area, but the staff was hesitant to spend the funds to beautify the corner in the event the property changed hands. Staff will update the maintenance bid. Currently, there is not enough pressure in the line to irrigate all the sprinkler heads, which requires a different system. (Mr. Merker retumed to the meeting at 7:34 p.m.) Mr. Fitzpatrick commented he was concerned if negotiations did not progress, the rest of the property would be maintained and not the CRA lot Ms. Brooks explained staff would prepare the bid to go through the process. XI V. Now Busliness. A. Consideration of Request by boos Development Group for Acquisition of CRA Property at Martin Luther King, Jr. Ave, an eacrest Blvd, Ms. Brooks explained there were a number of development groups looking to develop retail on MLK and Seacrest. Of the three, Boos Development Group has been able to assemble property on two lots needed to construct a retail store on the SW corner of MLK and Seacrest. The request is to obtain two lots on that corner. One was a former convenience store and one is the old church that was just vacated on 9 th and Seacrest. They are seeking the lots at no cost because the other two lots they have under site control cost them in excess of the value of the properties, which was what they anticipated. One lot was vacant on MILK and the other had a small house on it, Paul Tremblay with Boos Development Group, 5789 NW 151" Street, Suite B, Miami Lakes, the regional director of real estate and development for the south Florida office made a presentation, Also present was Henry Dirksen, Real Estate Manager, and Sharon Boggs, Project Manager. 10 ValleyCrest February 06, 2014 I 1 111110010 L and s cap e M a i n t e n a n c e Page oft "fit .roposal for Extra Work Property Name Boynton Harbor Marina Entry Fe Contact Mike Simon Property Address 710 N. Federal Highway To Boynton Beach CRA Boynton Beach, FL 33435 Billing Address 710 N Federal Highway Boynton Beach FL 33435 Project Name Proposal for Extra Work at Vacant Lot - 222 N. Federal Highway Project Description Proposal for Extra Work at Vacant Lot - 222 N. Federal Highway Scope of Work CITY UoM/Size ildi ate ri a I/Des c r! pti o n Unit Price Total 16 00 11 Irreganan cri"w 555 0 6 a f"I 4.00 EACH I" Irritrol valve w/ FC installed- Valves $167 31 $669.25 26.00 EACH Hunter PGP 4" Installed- Rotor heads 1K50 br.. $1,300,00 4-00 EACH Battery operated solenoid S 4 0 68 $162.73 For Internal use only SO# 464707 JOB# 363200051 S a ' X �'O% $0.00 Service Line "so Total Price $3,012.07 THIS JS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved loy ValleyC rest Landscape Maintenance Vakl Crest Landscape Maintenance Inc. 1 8670 Frost Lane, Delray Reach, FL 33464 ph. (561) 495-6330 fax (561; 495-63401 www.valleycrestcurr February 06, 2014 Page 2 of 2 & C 0 N D I� T 10 N S 1. The Contractor shall recognize and perform in accordance with this agreement, ClientlOwner must first obtain the written consent written terms, written specifications and drawings only, contained of Contractor for the assignment of any interest in this agreement or referred to herein. All materials shall conform to bid to be effective. specifications. 13. Disclaimer: This proposal was estimated and priced based 2. Wortc Force: Contractor shall designate a qualified representative upon a site visit and visual inspection from ground level using with experience in landscape maintenance/construction upgrades. ordinary means, at or about the time this proposal was The workforce shall be competent and qualified, and shall be prepared. The price quoted in this proposal for the work legally authorized to work in the U.S. described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional 3. License and Permits. Contractor shall maintain a Landscape costs or damages for additional work not described herein, or Contractor's license, if required by State or local law, and will liable for any incidentslaccidents resulting from conditions, that comply with all other license and permit requirements of the City, were not ascertainable by said ground level visual inspection State and Federal Governments, as well as all other requirements by ordinary means at the time said inspection was performed. of law. We cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed herein cannot 4. Taxes: Contractor agrees to pay all applicable taxes, including guarantee exact results. Professional engineering, sales tax where applicable on material supplied. architectural, andlor landscape design services ( "Design Services ') are not included in this Agreement and shall net be 5. Insurance: Contractor agrees to provide General LiabiRy provided by the Contractor. Any design defects in the Contract Insurance, Automotive Liability Insurance, Workers Documents are the sole responsibility of the Owner. If the Compensation Insurance, and any other insurance required by ClientlOwner must engage a licensed engineer, architect law or Client/Owner, as specified in writing prior to andlor landscape design professional, any costs concerning commencement of work. If not specified, Contractor will furnish thase Design Services are to be paid by the Client/Owner insurance with $1,000,000 limit of liability. directly to the designer involved. s. Liability: Contractor shall indemnify the CEient'Owner and its agents and employees from and against any liabilities that arise Acceptance of this Contract out of Contractors work to the extent such liabilities are - -ortractor is authorized to perform the work stated on the face of this adjudicated to have been caused by Contractors negligence or Contract. Payment will be 100 due at time of billing. If payment has willful misconduct. Contractor shall not be liable for any damage not been received by ValleyCrest landscape Maintenance within that occurs from Acts of God are defined as those caused by fifteen (15) days after Milling, ValleyCrest Landscape Maintenance shall windstorm, hail, fire, flood, earthquake, hurricane and freezing, be entitled to all costs of collection, including reasonable attorneys' etc. Under these circumstances, Contractor shall have the right fees and it shall be relieved of any obligation to continue performsnce to renegotiate the terms and prices of this agreement within sixty under this or any other Contract with Cllent/Owner. Interest at a per (60) days. Any illegal trespass, claims and/or damages resulting annum rate of 1 % per month, or the highest rate permitted by law, will from work requested that is not on property owned by the charged on unpaid balance 45 days after billing. ClientlOwner or not under Client/Owner management and control shall be the sole responsibility of the Client'Ovmer, NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON CONSTRUCTION JOBS, MAY RESULT IN 7. Subcontractors: Contractor reserves the right to hire que i5ed A MECHANIC'S LIEN ON THE TITLE TO YOUR PROPERTY, subcontractors to perform specialized functions or work requiring specialized equipment. customer B. Additional Services: Any additional work rot shown in the above specifications involving extra costs will be executed Orly upon signed written orders, and will become ar extra charge over and C ity Dir B oynton Beach above the estimate. Sig�n2htrz Ttle 9. Access to Jobsite: Client/Owner shall provide all utilities to perform the work. Client/Owner shall furnish access to all parts of Make Simone Februa Oft, 2014 jobsite where Contractor is to perform work as required by the -- Contract or other functions related thereto, during normal PrIrted Name Date business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the owner makes the site available for performance of the work. 10. Invoicing: Client/Owner shall make payment to Contractor within fifteen (15) days upon receipt of invoice. In the event the ValleyCrest Landscape Maintenance schedule for the completion of the work shall require more than thirty (30) days, a progress bill will be presented by month end and shall be paid within fifteen (15) days upon receipt of invoice. ..... 11. Termination: This Work Order may be terminated by the s gnavre rme Client/Owner with or without cause, upon seven (7) work days advance written notice. ClientlOwner will be required to pay for all materials purchased and work completed to the date of David A. Drew'ski February 06, 2 094 termination and reasonable charges incurred in demobilizing. Rmisd Name Date 12. Assignment: The ClientlOwner and the Contractor, respectively, bind themselves, their partners, successors, assignees and legal representatives to the other party with respect to all covenants of Job #: 353200061 Proposed Price: $3,012.07 this Contract. In the event of sale or transfer of Clientlowner's interest in its business and/or the property which is the subject of SO # 464707 Cpt335@801.COM MARK TOMBERG 1130/2014 IRRIGATION AND LANDSCAPING, LLC 509 SE 6TH AVENUE BOYNTON BEACH, FL 33435 561-733-2505 561-733-2508 FAX PROPOSAL We hereby submit specifications and estimates for: BOYNTON BEACH CRA - 222 N Federal H" IRRIGATION QUANTI DES UNIT COST TOTAL 22 ROTORS $55.00 $1,210.00 4 VALVES $165,00 $660.00 100 FEET MAINLINE $350 $350.00 1 BATTERY OPERATED CONTROLLER $850.00 $850.00 TOTAL! $3,070.130 *PERMIT FEE IF REQUIRED; NOT INCLUDED. WE PROPOSE HEREBY TO FURNISH MATERIAL AND LABOR - COMPLETE IN ACCORDANCE WITH ABOVE SPECIFICATIONS, FOR THE SUM OF: THREE THOUSAND SEVENTY DOLLARS AND 001100 ($3070,00), AUTHORIZED SIGNATURE NOTE: THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITH IN DAYS DATE OF ACCEPTANCE SIGNATURE If say -1 003 N. W. 1 P Street 0� Boynton Beach, FL 33426 i N (561) 734-3997 Des PROPO To: City of Boynton Beach CRA January 21, 2014 710 No. Federal Hwy. Boynton Beach, FL 33435 561- 600 -9094 Attn: Theresa Utterback Job: Lot at 222 No. Federal Hwy. Proposal to install an automatic sprinkler system, tying into existing PVB backflow preventer. Scope of work consists of t) Installation of 20 Hunter PGP rotor heads. 2) Install 4 new valves with DC latching solenoids and tie into exiting backflow_ 3) Install new Hunter XCH 600 battery clock. 4) Split existing zone to improve pressure_ Price: $3,300.00 Any permit costs are additional. * All materials and workmanship guaranteed for one year from date of completion- PAYMENT: Draws on work as completed, with 100% of balance due apatz completion. Submitted B �„ .. y. Date: t , 11 e f B - WIrs ay Accepted By: Date: The above prices, conditions and specifications are satisfactory. You are hereby authorized to do the work. as specified_ Payment will be made as outlined above_ Price is valid for 90 days. CRA e 710 North Federdal Highway Boynton Beach, FL 33435 Phone: 561 -600 -9094 Citywide Construction Services, Inc Estimate # 000002 265 S Federal Highway Suite 145 Date 01/31/2014 Deerfield Beach, FL 33441 PQ # 130 Phone: 561 -436 -5146 Email: redlighttl @gmail.com Description Total Solar Powered System $975.00 Solar Power system will be installed to eliminate the need for power to water the lawn. New timer as well will be installed to match the solar requirements 3 additional Zones $2,200.00 3 additional zones will need to be added to adequately distribute water to all areas needed. Misc Sprinkler accessories $256.35 This will include parts, wire, multi flow water heads and adjustment tools. Sub $3,431.35 Total $3,431.35 If permitting us required an additional $250.00 will be charged plus the permit price. By signing this document, the customer agrees to the services and conditions outlined in this document. All craftsmanship will be warrantied for 1 yr from completion date. Signature paths s' + , t9s, tu�i,��17 �d�s� lt�ti° i{ BOYNTON""""" {% R,,A CRA BOARD MEETING OF: February 11, 2014 Consent Agenda Old Business X New Business ' Legal ( Executive Director's Report SUBJECT: Audited Financial Statements — FY 2012 -2013 SUMMARY Attached is a copy of the Boynton Beach CRA's audited financial statements for Fiscal Year 2012 -2013 as well as the auditor's report to the CRA Board and management. The objective of the annual financial statement audit is to assure that the statements are fairly presented in accordance with generally accepted accounting principles and governmental accounting standards and in compliance with laws and regulations. The auditors examine the agency's records to obtain reasonable assurance that the financial statements are free from any material misstatements. An example of the types of documents the auditors review and test are: general ledger transactions; federal, state and local grant revenue; journal entries; adopted budget and budget amendments; operational, administrative, human resource and financial policies and procedures; personnel records; payroll records; Board minutes; contracts and contract compliance including real estate closings. The audited financial statements and report show: • Clean opinion from auditors (unqualified) • No internal control deficiencies — 5 ° i consecutive year • No audit findings of noncompliance issues — 5 consecutive year • No audit adjustments — 5 consecutive year • Strong balance sheet with net position (formerly titled net assets) of $10.1 million • Cash position remains strong sufficient fund balance for working capital and reserve requirements • Unassigned General Fund, fund balance of $599, 067 (see Notes to the Basic Financial Statements, Section 5. Fund Balances) will be reviewed and allocated by CRA Board under separate agenda item. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: All CRA Plans and Projects RECOMMENDATIONS /OPTIONS Accept audited financial statements for FY 2012 -2013. Susan Harris, Finance Director - : %5JENDAS CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetingTY 2013 - 2014 Board MeetingslFeb 20141Audited Financial Statements - FY 2012- 2013.docx t t` . ON 1r1i sll�lij �4ti13 December 31, 2013 -P w%w g� y �R . "i ,- o - �' � ; �' � �r � � � �'� •, it� }A } �1���C ��� } , c� � } , � (c� � � � _�� � Vi =i 1} Y SS t j rt 2 CERTIFIE4 PUBLIC ACCOUNTANTS 8, CONSULTANTS Boy Mon Be2 ch Commun PZedevelopment Agency 2013 Audit Results and Required Communications epos to Those Caged With Governance CERTIFIED PUBLIC ACCOUNTANTS & CONSULTANTS Sanson, Kline, Jaeomino, Tandoc &z Gamarra, LLP 5805 Blue Lagoon Drive I Suite 220 1 Miami, FL 33126 Tel: (305) 269 -8633 1 Fax: (305) 265 -0652 1 wA w.skjtg- cpa.com December 31, 2013 Management and Board Members Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, Florida 33435 Dear Management and Board Members: We are pleased to present the results of our audit of the basic financial statements of the Boynton Beach Community Redevelopment Agency (the Agency) for the year ended September 30, 2013. This report summarizes our audit, the scope of our engagement, and key observations and findings from our audit procedures for the year ended September 30, 2013. This report also contains the communications required by our professional standards and by Government Auditing Standards. The audit was designed to express an opinion on the Agency's 2013 basic financial statements. In accordance with professional standards, we obtained a sufficient understanding of internal control to plan the audit and to determine the nature, timing, and extent of tests to be performed. However, we were not engaged to and we did not perform an audit of internal control over financial reporting. This report is intended solely for the information and use of those charged with governance of the Agency, and is not intended to be and should not be used by anyone other than these specified parties. We appreciate this opportunity to meet with you to discuss the contents of this report, and to answer any questions that you may have about this report or any other audit - related matters. If you have any questions, please contact Richie C. Tandoc, Partner in charge of the audit, at (305) 269 -8633, ext. 8016. Very truly yours, *Kt, Boynton each Community Redevelopment Agency 2013 Audit Results and Required Communications Generally Accepted Auditing Standards and Uovernment Auditing Standards require the auditor to communicate certain matters to those charged with governance that may assist in overseeing management's financial reporting and disclosure process. Below is a summary of these required communications, and our response to each, as they apply to the Agency as of and for the fiscal year ended September 30, 2013. Required Communication Response Auditors' Responsibilities Under Generally Accepted Auditing Standards (GAAS) and Government Auditing Standards (GAS) Our responsibility is to express opinions on the Agency's We have issued an unmodified opinion (i.e. a clean opinion) financial statements based on our audit conducted in accordance on the Agency's basic financial statements for the year ended with auditing standards generally accepted in the United States September 30, 2011 and Government Auditing Standards. Those standards require that we plan and perform the audit to obtain reasonable We have also issued our report on the Agency's internal assurance about whether the financial statements are free of control over financial reporting and on compliance and other material misstatement. matters for the year ended September 30, 2013. We noted no material weaknesses or material noncompliance issues. In addition, we are required to report on the Agency's internal control over financial reporting and on compliance and other Both reports were dated December 31, 2013. matters. However, providing assurance on the internal control or compliance with certain provisions of laws, regulations, contracts, and agreements was not an objective of our audits, and accordingly, we do not express such opinions. Significant Accounting Policies Initial selection of and changes in significant accounting The Agency's significant accounting policies are described in policies or their application and new accounting and reporting Note I to the financial statements, standards during the year must be reported. Accounting principles selected by management are consistent In addition, we must discuss our judgments about the qualit with those prescribed by government accounting standards, not just the acceptability, of the accounting policies as applied and the Agency's financial statements and related disclosures in the Agency's financial reporting. are clearly presented in a complete manner. Accounting Estimates The preparation of the financial statements requires the use of For fiscal year ended September 30, 2013, management's accounting estimates. We are required to inform the Board of judgment was called upon to establish the useful lives of such accounting estimates and about our conclusions regarding capital assets. We have determined that such estimates are the reasonableness of those estimates. reasonable. Methods of Accounting for Significant Unusual Transactions and for Controversial or Emerging Areas We are required to inform those charged with governance about We did not identif an significant unusual transactions by the methods used to account for significant unusual transactions the Agency or any significant accounting policies used by the and the effects of significant accounting policies in Agency related to controversial or emerging areas for which controversial or emerging areas for which there is a lack of there is a lack of authoritative guidance, authoritative guidance or consensus. Significant and/or Unadjusted Audit Adjustments We are required to inform those charged with governance about We did not identify an material audit adjustments during our auditor adjustments arising from the audit (whether recorded or audit of the financial statements as of and for the fiscal year not) that could, in our judgment, have a significant effect, ended September 30, 2011 individually or in the aggregate, on the Agency's financial statements. Boynton Beach Community Redevelopment Agency 2013 Audit Results and Required Communications R equired Communication Response Fraud and Illegal Acts We are required to inform those cbarged with governance about We are not aware of any fraud or illegal acts that occurred any and all fraud and illegal acts involving senior management during the fiscal year involving senior management, or any and any fraud and illegal acts {whether caused by management fraud or illegal acts involving any employee that would cause or other employees} that cause a material misstatement of a material misstatement of the financial statements. financial resources. Disagreements or Difficulties with Management We are required to inform those charged with governance about We did not encounter any significant disagreements or any significant disagreements or difficulties encountered with difficulties with management during the course of the audit. management. Major Issues Discussed with Management Prior to Retention We are required to inform those charged with governance about We did not discuss any major issues with management prior any major issues discussed with management prior to retaining to retaining us as your auditors. us as auditors. Independence We are required to communicate with those charged with 1. There are no relationships between us and the Agency governance, at least annually, the following: and its related entities that, in our professional judgment, may reasonably be thought to impede our independence. I. Disclose, in writing, all relationships between us and the 2. With regards to our audit of the Agency as of September Agency and its related entities that, in our professional 30, 2013, we are independent with respect to the judgment, may reasonably be thought to impede our Agency, in accordance with Rule 101 of the American independence; Institute of Certified Public Accountants' Code of 2. Confirm in writing that, in our professional judgment, we Professional Conduct, its interpretations and rulings, and are independent of the Agency in accordance with Government Auditing Standards. generally accepted auditing standards and Government 3. We have not performed any non -audit services for the Auditing Standards; and Agency during the fiscal year ended September 30, 3. Disclose any non -audit services performed for the Agency. 2013, or thereafter. Management Letter We are required to issue a management letter responding to We have issued a management letter in accordance with the certain requirements in accordance with the Rules of the Auditor Rules of the Auditor General of the State of Florida, dated General of the State of Florida. December 31, 2013. I Management Representations We are required to communicate with those charged with We requested certain representations from management that governance about representations requested from management. I are included in the management representation letter dated December 31, 2013. 2 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Basic Financial Statements September 30, 2013 (With Independent Auditor's Report Thereon) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) For the Year Ended September 30, 2013 Table of Contents Page FINANCIAL SECTION: Independent Auditor's Report 1 Management's Discussion and Analysis (Required Supplementary Information) 3 Basic Financial Statements: Government -wide Financial Statements: Statement of Net Position g Statement of Activities 9 Fund Financial Statements: Balance Sheet — Governmental Funds 10 Reconciliation of the Balance Sheet — Governmental Funds to the Statement of Net Position 11 Statement of Revenues, Expenditures and Changes in Fund Balances — Governmental Funds 12 Reconciliation of Revenues, Expenditures and Changes in Fund Balances — Governmental Funds to the Statement of Activities 13 Notes to the Basic Financial Statements 14 Required Supplementary Information: Budgetary Comparison Schedule (Unaudited) - General Fund 24 Notes to the Budgetary Comparison Schedule 25 COMPLIANCE SECTION: Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With GovernmentAuditing Standards 26 Management Letter in Accordance with the Rules of'the Auditor General of the State of Florida 28 FINANCIAL SECTION Independent Auditor's Report kr7'ii ;zi a,.•z. e�, r€ .r r ,.i ka �g3 Et '�'.i ui f., .. �S,KJT C,-� _. ,. .........._.. .. Sanson, Kline, Jac omino, Tandoc & Gamarra, LLF 5805 Blue Lagoon Drive I Suite 226 Miami, FL 33176 Tel: (305) 269-96331 Fax: (305) 265 -0652 1 www.skltg- Cp;L.cnm Independent Auditor's Report To the Board of Commissioners Boynton Beach Community Redevelopment Agency: Report on the Financial Statements We have audited the accompanying basic financial statements of the governmental activities and each major fund of the Boynton Beach Community Redevelopment Agency (the Agency), a component unit of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2013, and the related notes to the financial statements, which collectively comprise the Agency's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and each major fund of the Agency as of September 30, 2013, and the respective changes in financial position thereof for the year then ended in confonnity with accounting principles generally accepted in the United States of America. 1 Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information on pages 3 through 7 and 24 through 25 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 31, 2013 on our consideration of the Agency's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Agency's internal control over financial reporting. December 31, 2013 2 Management's Discussion and Analysis BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Management's Discussion and Analysis - Unaudited September 30, 2013 The Management's Discussion and Analysis (MD &A) of the Boynton Beach Community Redevelopment Agency (the "Agency ") is designed to provide an objective and easy to read analysis of the financial activities based on currently known facts, decisions, and conditions. The MD &A provides a broad overview, short-tern and long -term analysis of the Agency's activities based on information presented in the financial statements. Specifically, this information is designed to assist the reader in focusing on significant financial issues, provide an overview of the Agency's financial activity and identify changes in the Agency's financial position and its ability to address the next year's challenges. Finally, the MD &A will identify any material deviations from the approved budget. The Agency is an independent agency and a component unit of the City of Boynton Beach, Florida ( "City "). The Agency has presented its financial statements in accordance with the reporting model required by Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements and Management's Discussion and Analysis for State and Local Governments. The information contained in this MD &A is only a component of the entire financial statement report. Readers should take time to read and evaluate all sections of the report, including the footnotes and required supplementary information provided. FINANCIAL HIGHLIGHTS The Agency's tax increment fund revenues decreased by 2.0% (approximately $116 thousand) to $5,614,228 during the fiscal year. This resulted from reduced taxable values in the redevelopment district consistent with the surrounding area. • The agency began the fiscal year with a net position balance of $9,390,966. The Agency's total revenues for the year ended September 30, 2013, were approximately $6.75 million, while total expenses were approximately $5.99 million, increasing net position by approximately $756 thousand. • Planning, design and permitting began in 2013 for surface parking in the downtown core to accommodate new businesses opening and existing business expanding as well to provide for event parking as CRA signature events draw additional attendance year over year. In addition, along the Ocean Avenue corridor, the CRA successfully completed beautification for tree and park art. • The Heart of Boynton Ocean Breeze West project, in partnership with Habitat for Humanity and the Boynton Beach Faith Based Community Development Corp., continues toward the completion of twenty -one affordable single- family homes. This project came to fruition as a result of the CRA's purchase of this critical block of land and the completion of site infrastructure made possible by the CRA's sub - recipient grant from the City of Boynton Beach through Federal Neighborhood Stabilization Program funds. As of December 2013, nineteen homes are either completed or in construction. The project's key goal is to create affordable housing and improve neighborhoods within the Boynton Beach Community Redevelopment District. Marina redevelopment, a multi -year project, continues with the construction permitting completed for a harbor master building to include public restrooms and a retail store; new fueling facilities; public art and waterfront open park space. Ground breaking is planned for the first quarter of 2014 with a target completion date of late summer 2014. Economic development programs targeted to existing and new businesses within the CRA district continue to be highly successful. A total of 15 grant awards totaling $172,559, creating over 37 jobs were made to businesses for facade improvements, interior renovations, construction incentives and rent subsidies. 3 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Management's Discussion and Analysis - Unaudited September 30, 2013 OVERVIEW OF THE FINANCIAL STATEMENTS The Agency's basic financial statements are comprised of the 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the basic financial statements. This report also contains required supplementary information in addition to the basic financial statements themselves. Government -Wide Financial Statements The government -wide financial statements provide readers with a broad overview of the Agency's finances, in a manner similar to a private- sector business. In addition, the government -wide statements are prepared using the accrual basis of accounting. The Statement of Net position (balance sheet) presents information on the Agency's assets and liabilities, with the difference between the two reported as net position. The Statement of Activities (income statement) presents information showing how the Agency's net position changed during the most recent fiscal year. All changes in revenues are reported as soon as underlying events giving rise to the change occur regardless of the timing of related cash flows. The expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government -wide financial statements present functions of the Agency that are principally supported by tax increment financing (governmental activities). The governmental activities of the Agency include general government activities, public safety and redevelopment projects. Thus, the Agency has no business -type activities. The government -wide financial statements are found beginning on page S of this report. Fund Financial Statements The governmental fund financial statements provide readers with an overview of each fund and its related function in a traditional format. A fund is a grouping of related accounts that maintain control over resources that are segregated for specific activities or objectives. The Agency, like other state and local governments, uses fund accounting to ensure and demonstrate legal compliance with finance- related legal requirements. The Agency utilizes three funds for the fiscal year ending September 30, 2013, the General Fund, which is a governmental fund, the Debt Service Fund, used for servicing all debt payments and the Projects Fund, from which all capital outlays financed from Bond proceeds or other sources of financing are spent. Governmental funds. Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, the governmental fund financial statements focus on near -term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government's near -term financing requirements. The focus of governmental funds is narrower than government -wide financial statements, and it is therefore useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By comparing and contrasting, readers may better understand the long -term impact of the Agency's near term financing decisions. The `Balance Sheet — Governmental Funds" and "Statement of Revenues, Expenditures, and Change in Fund Balance — Governmental Funds" are reconciled as shown on the "Reconciliation of the Balance Sheet — Governmental Fund to the Statement of Net position" and the "Reconciliation of the Statement of Revenues, Expenditures and Change in Fund Balance — Governmental Funds to the Statement of Activities" to facilitate the comparison between the governmental funds and governmental activities. 4 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Management's Discussion and Analysis - Unaudited September 30, 2013 The Agency adopts an annual appropriated budget for its General Fund. A budgetary comparison schedule provided for the General Fund demonstrates compliance with this budget. The basic governmental funds financial statements can be found beginning on page I0 of this report. The reconciliations between the governmental funds and governmental activities are found on pages 1 I and 13. Notes to the Basic Financial Statements The notes provide additional infonnation that is essential to a full understanding of the data provided in the government -wide and the fund financial statements. These notes to the basic financial statements begin on page 14 of this report. In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the Agency's budget to actual results for the General Fund for the current year. The required supplementary information can be found on page 24 of this report. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, net position may serve over time as a useful indicator of a government's financial position. in the case of the Agency, assets exceeded liabilities by $10,147,742 at the close of the most recent fiscal year. However, the largest portion of the Agency's total assets. 70 %, is reflected in its capital assets. Summary of Net position September 30, 2013 2012 Assets Current and other assets $ 7,418,369 $ 8,012,509 Investments 1,607,500 1,707,250 Deferred amount on refunding 1,165,459 Capital assets 24,219,151 25,350,712 Total assets 34,410,479 35,070,471 Liabilities Current liabilities 1,690,202 1,532,338 Long term liabilities 22,572,535 24,147,167 Total liabilities 24,262,737 25,679,505 Net position Net investment in capital assets 3,256,876 2,942,679 Restricted for: Capital projects 3,644,373 2,681,341 Debt service 1,936,855 3,118,504 Unrestricted 1,309,638 648,442 Total net position $ 10,147,742 $ 9,390,966 The Agency has restricted assets for various capital projects and the bond reserve fund requirement. 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Management's Discussion and Analysis e Unaudited September 30, 2013 Governmental Activities Governmental activities increased the Agency's net position by $756,776. Key elements of this increase are detailed as follows: Summary of Changes in Net position Year Ended September 30, 2013 Revenues Program Revenues Charges for services $ 1,090,447 $ 1,131,228 General Revenues Tax increment revenues 5,614,228 5,730,453 Other revenues 51,189 111,748 Total revenues 6,755,864 6,973,429 Expenses General government 2,625,978 2,712,560 Redevelopment projects 989,911 621,773 Interest on long -term debt 984,287 1,285,503 Loss on sale of capital assets 1,398,912 1,413,113 Total expenses 5,999,088 6,032,949 Change in net position 756,776 940,480 Net position beginning of year 9,390,966 8,450,486 Net position end of year $ 10,147,742 $ 9,390,966 Tax increment revenues decreased by approximately $116 thousand during fiscal year 2013, the result of reduced taxable values in the redevelopment district consistent with the surrounding area. Year -to -year expenses decreased by approximately $33 thousand due primarily to the reduction of long term interest rates from a bond refunding offset by increased redevelopment project activity. During 2013 the Agency transferred to Habitat for Humanity seven parcels for Ocean Breeze West redevelopment and affordable housing resulting in a loss on capital assets of approximately $1.4 million. FINANCIAL ANALYSIS OF THE AGENCY'S FUNDS The focus of the Agency's governmental funds is to provide information on near -term inflows, outflows and balances of expendable resources. Such information is useful in assessing the Agency's financing requirements. In particular, unreserved fund balance may serve as a useful measure of a government's net resources available for spending at the end of the fiscal year. At the end of fiscal year 2013, the Agency's governmental funds reported an ending fund balance of approximately $8.8 million, of which approximately $1.7 million is either nonspendable or restricted, $530 thousand is committed, $6.0 million is assigned and $599 thousand is unassigned. 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Management's Discussion and Analysis - Unaudited September 30, 2013 GENERAL BUDGETARY HIGHLIGHTS In fiscal year 2012 -2013, actual total revenues were over budgetary estimates by $136,722, and actual total expenditures were under budgetary estimates by $176,710. Refer to page 24 for budgetary comparison schedule. CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets During the year ended September 3U, 2013, the Agency acquired $353,181 in capital assets. During the year, the Agency continued a land trust agreement with the Habitat for Humanity for the construction of 21 affordable housing units on the former Ocean Breeze West site. The completion of this project will stimulate redevelopment opportunities with the Heart of Boynton community within the district. Long -Term Debt During the fiscal year, the Agency issued $16.185 million in tax increment revenue refunding bonds with an interest rate of 2.56 %. The agency issued the bonds to advance refund $12.665 million of the 2004 and $3.0 million of the 2005A revenue bonds which carried an interest rate ranging from 4% to 5 %. This bond defeasance resulted in a present value interest cost savings of over $1.1 million dollars. At the end of fiscal year 2013, the Agency has total bond debt and loans payable outstanding of $23,990,748. Of this amount, $16,042,000 represents the new 2012 refunding revenue bonds. Additionally, $750,000 and $6,370,000 represents the 2004 undefeased portion and the 2005 Series Tax Increment Revenue Bonds, respectively. In addition, there is one loan payable totaling approximately $828 thousand. The Agency's total debt decreased by approximately $905 thousand during the current fiscal year. ECONOMIC FACTORS AFFECTING NEXT YEAR'S BUDGET Assessed valuations within the CRA district increased approximately 14.3% versus prior year resulting in a increase in tax increment revenues of $1.4 million, net of estimated adjustments for tax roll certifications. The Agency's Board approved the 2013 -2014 budget including utilization of tax increment revenues and fund balance allocations for a number of projects including the second phase of the Marina construction redevelopment plan, public surface parking lots in the downtown corridor, district entry signage, expanded merchant and district marketing programs, key acquisition funding, beautification projects along Ocean Avenue, and the continuation of the successful small business and economic incentive programs. REQUEST FOR INFORMATION This financial report is designed to provide a general overview of the Agency's finances. Questions concerning any of the information provided in this report or requests for additional information should be addressed to Susan Harris, Finance Director, at 710 North Federal Highway, Boynton Beach, Florida 33435. 7 Basic Financial Statements BOYNTON BEACH COMMUNI'T'Y REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Statement of Net Position September 30, 2013 Governmental Activities ASSETS Cash and cash equivalents $ 8,822,146 Accounts receivables 2,704 Prepaids 94,385 Unamortized bond issuance costs 106,634 Deferred amount on refunding 1,165,459 Capital assets, net of accumulated depreciation: Land 22,150,501 Furniture and equipment 63,672 Renovations 1,499,296 Leasehold improvements 99,475 Construction in progress 406,207 Total assets 34,410,479 LIABILITIES Accounts payable and accrued expenses 230,809 Deposits payable 1,350 Long -term liabilities: Due within one year 1,458,043 Due in more than one year Bonds and Loans Payable 22,508,836 Compensated Absences 63,699 Total liabilities 24,262,737 NET POSITION Net investment in capital assets 3,256,876 Restricted for: Capital projects 3,644,373 Debt service 1,936,855 Unrestricted 1,309,638 Total net position $ 10,147,742 The notes to the basic financial statements are an integral part of this statement. 8 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Statement of Activities For the Year Ended September 30, 2013 Program Reve Net (Expense) Revenue and Charges For Changes in Net Expenses Services Position Functions /Programs Governmental Activities: General government $ 2,625,978 $ 1,090,447 $ (1,535,531) Redevelopment projects 989,911 - (989,911) Interest on long -term debt 984,287 (984,287) Total $ 4,600,176 $ 1,090,447 $ (3,509,729) General Revenues: Tax increment revenue $ 5,614,228 Loss on sale of capital assets (1,398,912) Interest and other income 51,189 Total general revenues 4,266,505 Change in net position 756,776 Net position - beginning of year 9,390,966 Net position - end of year $ 10,147,742 The notes to the basic financial statements are an integral part of this statement. 9 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Balance Sheet Governmental Funds September 30, 2013 Total Governmental General Fund Projects Fund Debt Service Fund Funds ASSETS Cash and cash equivalents $ 3,529,336 $ 3,628,123 S 1,664,687 S 8,822,146 Accounts receivables 2.704 - 2,704 Prepaids 28,804 65,581 94,385 Total assets $ 3,560,844 S 3,693,704 $ 1,664,687 S 8,919,235 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable and accrued expenses 5 31,478 S 49,331 S - $ 80,809 Deposits payable 1,350 - 1,350 Total liabilities 32,828 47,331 82,159 Fund Balances: Nonspendable 28,804 65,581 94,385 Restricted 1,607,500 1.607.500 Coonniwd 336,446 136,254 57,187 529,887 Assigned 2,563,699 3,442,538 6,006,237 Unassigned 599,067 599,067 Total fund balances 3,528,016 3,644,373 1,664,687 8,837,076 Total liabilities and fund balances $ 3,560.844 S 3,693,704 $ 1,664,687 S 8,919.235 The notes to the basic financial statements are an integral part of this statement. 10 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Reconciliation of the Balance Sheet - Governmental Funds to the Statement of Net Position For the Year Ended September 30, 2013 Fund balance - governmental funds $ 8,837,076 Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not reported in the governmental funds. Capital assets - net of accumulated depreciation 24,219,151 Unamortized bond issuance costs are not reported in the governmental funds. 106,634 Deferred amount on refunding 1,165,459 Loss contingency (150,000) Long -term liabilities are not reported in the governmental funds. Compensated absences (63,699) Bonds and notes payable (23,966,879) Net position of governmental activities S 10,147,742 The notes to the basic financial statements are an integral part of this statement. 11 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Statement of Revenues, Expenditures and Changes in Fund Balances Governmental Funds For the Year Ended September 30, 2013 Total Governmental General Fund Projects Fund Debt Service Fund Funds REVENUES Tax increment revenue $ 5,614,228 S $ - $ 5,614,228 Charges for services 1,090,447 1,090,447 Interest and other income 17,047 29,759 4.383 51,189 Total revenues 6,721,722 29,759 4,383 6,755,864 EXPENDITURES General government 2,555,373 2,555,373 Redevelopment projects 1,047,056 1,047,056 Debt service: Principal 1,425,006 1,425,006 Interest and other charges 1,987,277 1,987,277 Capital Outlay - 296,036 - 296,036 Total expenditures 2,555,373 1,343092 3,4i2,283 7,310,748 Excess (deficiency) of revenues over (under) expenditures 4,166,349 (I,313,334) (3,407,900) (554.885) OTIIER FINANCING SOURCES (USES) Transfers in 2,276,366 1,909,083 4,185,449 Transfers out (4,185,449) (4,185,449) Refunding bonds issued 16,185,000 16,185,000 Payment to refunded bond escrow agent (16,140,000) (16,140,000) Total other financing sources (uses) (4,185,449) 2,276,366 1,954,083 45 Net change in fund balances (19,100) 963,032 (1,453,817) (509,885) Fund balances- beginningofyear 3,547,116 2,681,341 3,118,504 9,346,961 Fund balances - end of year S 3,528,016 S 3,644,373 S 1,664,687 $ 8,837,076 The notes to the basic financial statements are an integral part of this statement. 12 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Reconciliation of the Statements of Revenues, Expenditures and Changes in Fund Balances - Governmental Funds to the Statement of Activities For the Year Ended September 30, 2013 Net changes in fund balances - total governmental funds $ (509,885) Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlay expenditures. However, in the statement of activities, the cost of those assets is depreciated over their estimated useful lives. Expenditures for capital assets 353,181 Less current year capital asset disposals net of accumulated depreciation (1,398,912) Less current year depreciation expense (85,830) For governmental funds, the issuance of long -term debt provides current financial resources and the repayment of long -term debt consumes current financial resources. Neither transaction, however, has any effect on net premiums, discounts, and similar items when debt is first issued, whereas these amounts are deferred and amortized in the statement of activities. This amount is the net effect of these differences in the treatment of long -term debt and related items. 2,382,997 Some expenses reported in the statement of activities do not require the use of current financial resource and, therefore, are not reported as expenditures in governmental funds. Net change in long -term compensated absences. 15,225 Change in net assets of governmental activities $ 756,776 The notes to the basic financial statements are an integral part of this statement. 13 Notes to the Basic Financial Statements BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES This summary of the Boynton Beach Community Redevelopment Agency (the "Agency ") significant accounting policies is presented to assist the reader in interpreting the basic financial statements. The policies are considered essential and should be read in conjunction with the basic financial statements. The accounting policies of the Agency conform to U.S. generally accepted accounting principles applicable to governmental units. This report, the accounting systems and classification of accounts conform to standards of the Governmental Accounting Standards Board (GASB), which is the accepted standard - setting body for establishing governmental accounting and financial reporting principles. The following is a summary of the more significant policies. A. Organization and reporting entity The Agency is a component unit established by the City of Boynton Beach, Florida (the "City') under the authority granted by Florida Statutes 163, Section III. The purpose of the Agency is to promote and guide physical and economic redevelopment in the City and part of Palm Beach County, Florida (the "District "). The Agency is a legally separate entity established by Ordinance number 83 -41 of the City on December 20, 1983. The Agency has adopted GASB Statement No. 61, the Financial Reporting Entity: Omnibus, which amends GASB Statement No. 14, the Financial Reporting Entity and GASB Statement No. 39, Determining Whether Certain Organizations Are Component Units, for the purpose of evaluating its component unit financial statements. Based on the criteria therein, the Agency has determined that there are no component units that meet criteria for inclusion in the Agency's financial statements. The Agency is governed by a board comprised of elected officials and appointed citizen representatives. The City is considered to be financially accountable for the Agency and in accordance with GASB Statement No. 61, and is considered to be a blended component unit in the City's comprehensive annual financial report. B. Reporting model The Agency's basic financial statements consist of government -wide statements, including a statement of net position and a statement of activities, and fund financial statements which provide a more detailed level of financial information. Government -wide financial statements The statement of net position and the statement of activities report information on all of the activities of the Agency. Governmental activities are reported separately from business -type activities which rely on fees charged to external parties as their primary revenues. The Agency has no business -type activities. The statement of net position reports the Agency's financial position as of the end of the fiscal year. In this statement, the Agency's net position is reported in three categories: net investment in capital assets; restricted net position; and unrestricted net position. The statement of activities presents a comparison between direct expenses and program revenues for each function of the Agency. Direct expenses are those that are clearly identifiable with a specific function. Program revenues include charges for services that are directly related to a given function and grants and contributions that are restricted to meeting the operational or capital requirements of a particular function. Tax increment revenue and other items not meeting the definition of program revenue are reported instead as general revenue. 14 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) B. Reporting model (Continued) Fund financial statements For the fiscal year ending September 30, 2013, the Agency reports three major funds, the General Fund, the Debt Service Fund, and the Projects Fund. The General Fund is classified as a governmental fund and accounts for all financial resources controlled by the Agency. The Debt Service Fund is used to account for the accumulation of resources for the annual payment of principal and interest on long -term obligation debt. The Projects Fund accounts for financial resources to be used for redevelopment programs and the acquisition or construction of capital projects. The govermnental fund statement includes reconciliations with brief explanations to better identify the relationship between the government -wide statements and the statements for the governmental fund. C. Measurement focus and basis of accounting The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. The governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Agency considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when the related fund liability is incurred. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. D. Cash and cash equivalents Cash and cash equivalents are defined as short -term highly liquid investments that are both readily convertible to known amounts of cash and have an original maturity of three months or less from the date of purchase. Cash and cash equivalents consist of petty cash and deposits with financial institutions qualified as public depositories under Florida law. All deposits are insured by federal depository insurance and /or collateralized with securities held in Florida's multiple financial institution collateral pool as required by Chapter 280, Florida Statutes. E. Investments Investments made locally consist of amounts placed in obligations of United States Government Agencies and Instrumentalities, and are reported at fair value. The Agency is authorized to invest in direct obligations of the United States of America or any agency thereof, interest bearing time or demand deposits with any qualified depository institution, commercial paper, bankers' acceptances, state and/or local government taxable debt, mutual funds, repurchase agreements and the State Treasurer's investment pool, which has the characteristics of a money market fund. 15 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) F. Capital assets Capital assets are defined by the Agency as assets with an initial, individual cost of $1,000 or more and an estimated useful life of more than one year. These assets are recorded at historical cost. Donated capital assets are recorded at estimated fair value at the date of donation. Capital assets are depreciated using the straight -line method over the assets'' estimated useful lives of all reported capital assets, except land and land improvements. The estimated useful life of furniture, fixtures and equipment is five to ten years. G. Fund equity / net position Fund equity GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type DJ finitions, establishes criteria for classifying fund balances into specifically defined classifications and clarifies definitions for governmental fund types. Fund balances for governmental funds are reported in classifications that comprise a hierarchy based primarily on the extent to which the government is bound to honor constraints on the specific purposes for which amounts in those funds can be spent, as follows: • Nonspendable fund balance - amounts that cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact. • Restricted fund balance - amounts that are restricted to specific purposes when constraints placed on the use of resources are either by (a) externally imposed by creditors (such as debt covenants), grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislations. • Committed fund balance - amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the government's highest level of decision making authority. • Assigned fund balance - amounts that are constrained by the government's intent to be used for specific purposes, but are neither restricted nor committed. • Unassigned fund balance - amounts that have not been assigned to other funds and that have not been restricted, committed, or assigned to specific purpose within the general fund. When both restricted and unrestricted amounts are available for use, it is the Agency's practice to use restricted resources first. Additionally, the Agency would first use committed, then assigned, and lastly unassigned amounts of unrestricted fund balance. Net position The government -wide financial statements utilize a net position presentation. Net position can be categorized as net investment in capital assets, restricted, or unrestricted. The first category represents capital assets, less accumulated depreciation and net of any outstanding debt associated with the acquisition of capital assets. Restricted net position represent amounts that are restricted by requirement of debt indenture or enabling legislation. Unrestricted net position represents the net position component of the Agency which is not restricted for any project or purpose. When both restricted and unrestricted resources are available for use, it is the Agency's policy to use unrestricted resources first, and then restricted resources as they are needed. 16 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) H. Bond premiums, discounts and issuance costs In the government -wide financial statements, bond premiums and discounts, as well as issuance costs, are deferred and amortized over the life of the bonds using the straight line method. Bonds payable are reported net of the applicable bond premium or discount. Bond issuance costs are reported as deferred charges and amortized over the term of the related debt. In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts are reported as other financing uses. Issuance costs are reported as debt service expenditures. I. Revenue sources Tax increment revenues are the primary source of revenue for the Agency. Tax increment revenues are collected from two governmental entities that levy property taxes within the legally defined redevelopment area of the Agency, which is the City of Boynton Beach, Florida and Palm Beach County, Florida. J. Compensated absences It is the Agency's policy to permit employees to accumulate earned but unused vacation, sick pay and comp time benefits. Employees may, depending on their level of service and policy of the Agency, be paid for various amounts of their total accrued leave by the end of each fiscal year, upon tennination or retirement. The Agency accrues a liability for leave hours that meet the criteria for payment at the eligible employees' current rates of pay. K. Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Although these estimates are based on management's knowledge of current events and actions it may undertake in the future, they may ultimately differ from actual results. 2. CASH, CASH EQUIVALENTS AND INVESTMENTS All of the Agency's bank deposits are insured by the Federal Deposit Insurance Corporation or collateralized in accordance with Florida Security for Public Deposits Act (the "Act "). Under the Act, every qualified public depository shall deposit with the Treasurer eligible collateral having a market value equal to 50% of the average daily balance for each month that all public deposits are in excess of any applicable deposit insurance. If the public deposits exceed the total amount of the regulatory capital accounts of a bank or the regulatory net worth of a savings association, the required collateral shall have a market value equal to 125% of the deposits. The Agency's investment policy is designed to ensure the prudent management of funds, and the availability of operating and capital funds when required, while earning a competitive return within the policy framework. The primary objectives, in order of priority, of investment activity shall be safety, interest rate risk, liquidity and yield. As of September 30, 2013, the Agency does not have any investments. 17 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 3. CAPITAL ASSETS Capital assets activity for the year ended September 30, 2013, was as follows: Balance at Balance at 9/30/2012 Additions Deletions 9/30/2013 Capital assets, not being depreciated: Land $ 23,406,495 $ - $ (1,255,994) $ 22,150,501 Buildings - 142,918 (142,918) Construction in progress 253,090 153,117 - 406,207 Total capital assets, not being depreciated 23,659.585 296,035 (1,398 912) 22.556.708 Capital assets, being depreciated: Furniture and equipment 136,767 57,146 193,913 Renovations 1,652,247 1,652,247 Leasehold improvements 147,145 - 147,145 Total capital assets, being depreciated 1,936,159 57,146 - 1,993,305 Less accumulated depreciation for: Furniture and equipment (118,704) (11,536) - (130,240) Renovations (95,591) (57,360) - (152,951) Leasehold improvements (30,737) (16,934) - (47,671) Total accumulated depreciation (245,032) (85,830) - (330,862) Total capital assets, being depreciated, net 1,691,127 (28,864) 1,662,443 Total capital assets, net of accumulated depreciation $ 25,350,712 S 267,351 $ (1,398,912) $ 24,219,151 Depreciation expense of $85,830 was charged to general government. 4. LONG -TERM LIABILITIES At September 30, 2013, bonds and loans payable consist of the following: BONDS: 2004 Tax Increment Revenue Bonds, dated December 14, 2004, due in annual principal installments of $375,000 to $1,625,000 through October 1, 2024, bearing interest rates of 3.0% to 5.0 %. $ 750,000 2005 Tax Increment Revenue Bonds, Series B Bonds dated December 12, 2005, due in annual principal installments of $235,000 to $2,395,000 through October 1, 2026, bearing interest rates of 4.50% to 5.65 %. 6.370,000 2012 Tax Increment Refunding Revenue Bonds dated October 18, 2012, due in annual principal installments of $143,000 to $1,530,000 through October 1, 2026, bearing an interest rate of 2.56 %. 16,042,000 LOANS: Promissory note to Bank of America, N.A. at 5.65% interest, payable in semi- annual installments through September 20, 2016, 828,748 S 23,990,748 18 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 4. LONG -TERM LIABILITIES (Continued) The annual requirements to amortize bonds and loans payable outstanding as of September 30, 2013, are as follows: 2004 Tax Increment 2005B Tax Increment Fiscal Revenue Bonds Revenue Bonds Year(s) Principal Interest Principal Interest 2014 $ 750,000 $ 30,000 $ 330,000 $ 356,165 2015 - 350,000 339,335 2016 365,000 321,485 2017 375,000 300,862 2018 395,000 279,675 2019 -2023 2,330,000 1,038,187 2024 -2026 -. 2,225,000 269,223 $ 750,000 $ 30,000 $ 6,370,000 $ 2,904,932 2012 Tax Increment Bank of America, N.A. Fiscal Refunding Revenue Bonds Note Payable Year(s) Principal Interest Principal Interest 2014 $ 117,000 $ 410,675 $ 261,043 $ 43,795 2015 899,000 407,680 276,211 28,627 2016 927,000 384,665 291,494 12,626 2017 1,265,000 360,934 - 2018 1,300,000 328,550 - - 2019 -2023 7,005,000 1,126,707 2024 -2026 4,529,000 232,347 $ 16,042,000 $ 3,251,558 $ 828,748 $ 85,048 Fiscal Totals Year(s) Principal Interest 2014 $ 1,458,043 $ 840,635 2015 1,525,211 775,642 2016 1,583,494 718,776 2017 1,640,000 661,796 2018 1,695,000 608,225 2019 -2023 9,335,000 2,164,894 2024 -2026 6,754,000 501,570 $ 23,990,748 $ 6,271,538 19 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 4. LONG -TERM LIABILITIES (Continued) Advance refunding On October 18, 2012, the Agency issued $16.185 million in tax increment revenue refunding bonds with an interest rate of 2.56 %. The Agency issued the bonds to advance refund $12.665 million of the 2004 and $3.0 million of the 2005A revenue bonds with and interest rate ranging from 4% to 5 %. The Agency issued net proceeds along with other resources to purchase U.S. Governments securities. These securities were deposited in an irrevocable trust to provide for all future debt service on the refunded portions of the bonds. As a result, that portion of the 2004 and 2005A bonds is considered defeased, and the Agency has removed the liability from its accounts. The outstanding principal at September 30, 2013, of the defeased 2004 and 2005A bonds is $ 12,665,000 and $3,000,000, respectively. The changes in long -term liabilities for the year ended September 30, 2013 are summarized as follows: Balance at Balance at Due within 9130112 Additions Deletions 9130113 one year Bonds payable $ 23,820,000 $ 16,185,000 $ (16,843,000) $ 23,162,000 $ 1,197,000 Plus deferred amounts For discount (25,858) _ 1,989 (23,869) For issuance premium 480,056 - (480,056) - •- Total bonds payable 24,274,198 16,185,000 (17,321,067) 23,138,131 1,197,000 Notes payable 1,075,753 - (247,005) 828,748 267,043 Compensated absences 78.924 - (15,225) 63,699 - Total long -term liabilities $ 25,428,875 $ 16,185,000 $ (17,583,297) $ 24,030,578 $ 1,458,043 5. FUND BALANCES At September 30, 2013, the Agency reported the following governmental fund balances: • Nonspendable fund balance - These amounts cannot be spent because they are either (a) not in spendable form or (b) legally or contractually required to be maintained intact. • Restricted fund balance - these amounts are restricted to specific purposes when constraints placed on the use of resources are either (a) externally imposed by creditors (such as debt covenants), grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation. • Committed fund balance - these amounts can only be used for specific purposes pursuant to constraints imposed by the Board of the Agency. The items cannot be removed unless the Board removes it in the same manner it was implemented. • Assigned fund balance - these amounts are approved and constrained by the Agency's intent to be used for specific purposes, but are neither restricted nor committed. • Unassigned fund balance - These amounts have not been assigned to other funds and have not been restricted, committed, or assigned for a specific purpose. 20 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 5. FUND BALANCES (Continued) Below is a table of fund balance categories and classifications, by fund, at September 30, 2013: Debt General Projects Service Fund Fund Fund Nonspendable $ 28,804 65,581 Restricted -- - 1,670,500 Committed 336,446 136,254 57,187 Assigned 2,563,699 3,442,538 Unassigned 599,067 - Total $ 3,528,016 3,644,373 1,664,687 6. INTERFUND TRANSFERS During the fiscal year ended September 30, 2013, the General Fund transferred $2,276,366 and $1,909,083 to the Projects Fund and Debt Service Fund, respectively. The transfers made to the Projects Fund were to fund the costs of ongoing redevelopment projects. The transfers made to the Debt Service Fund were to fund the annual debt service expenditures on the bonds and loans payable. 7. HOMEBUYER ASSISTANCE PROGRAM The Agency established the Homebuyer Assistance Program to assist local residents with the purchase of a home by providing a subsidy in an amount not to exceed $50,000 per homeowner. The subsidy is secured by a mortgage, which is required to be paid back only under certain circumstances outlined in the mortgage agreement. The mortgage is forgiven if the homeowner remains in the home during the full term outlined in the agreement. The amount of mortgages receivable outstanding at September 30, 2013 totaled $1,494,672. Given the nature of these loans, collection is uncertain, and therefore an allowance for uncollectible mortgages has been established at 100% of the value of the mortgages receivable outstanding. Consequently these mortgages are not recognized on the financial statements. 8. RISK MANAGEMENT The Agency is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Agency purchases commercial insurance for the risks of loss to which it is exposed. Policy limits and deductibles are reviewed by management and established at amounts to provide reasonable protection from significant financial loss. Settlements did not exceed insurance coverage for the current fiscal year. 9. COMMITMENTS AND CONTINGENCIES A. Economic development programs The Agency established Economic Development Programs in an effort to promote the redevelopment of existing businesses located in the City as well as attract new businesses to Boynton Beach. These programs for commercial businesses include Facade Programs, Rent Subsidy, Interior Build -Out and Signage. During fiscal year 2013, the Agency closed and disbursed $172,559 in Economic Development Grants. 21 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 9. COMMITMENTS AND CONTINGENCIES (Continued) B. Lease commitments The Agency leases a building under a ten year commercial lease agreement with a remaining term of eight years and base rent increases of 4% a year plus expenses for real estate taxes, insurance and maintenance of the property. The lease is non - cancelable until year 7. If tenninated during years 7 through 10, the Agency is obligated to pay a portion of the monthly rent dependent on the termination year. Under the terms of the lease, the Agency was responsible for interior renovations totaling $88,000. The landlord will credit the Agency a total of $73,000 proportionately in years 8, 9 and 10 of the lease unless the Agency terminates the lease. Rental costs for the year ended September 30, 2013 totaled $74,480. Future minimum lease payments are as follows: Fiscal year ending September 30, 2014 $ 82,107 2015 84,595 2016 87,183 2017 89,874 2018 92,672 Thereafter 194,193 C. Litigation A lawsuit was filed in fiscal year 2011 against the Agency by its former executive director, who is suing for breach of contract and allegations of retaliation resulting from the Board's decision to terminate her employment. At fiscal year ended September 30, 2012, the Agency's management, under the advice of its legal counsel, believed that it was probable that the court would rule in favor of the plaintiff, with a potential liability ranging from $150,000 to $450,000. As such, the Agency recorded a liability on the statement of net position in the amount of $150,000 in accordance with generally accepted accounting principles. During fiscal year 2013, the court granted summary judgment in favor of the Agency, dismissing all of the former executive director's claims. However, the former executive director has filed a notice of appeal. As of September 30, 2013, Management of the Agency has decided to continue to record the $150,000 liability on the statement of net position until a final judgment is made on the forner executive director's appeal. 10. RETIREMENT CONTRIBUTIONS The Agency participates in a 401(a) defined contribution retirement plan and a 457(b) deferred compensation plan (the "Plans "). The Plans are qualified under Sections 401(1), 403 (a) and 501(a) of the Internal Revenue Code. The Plans are administered by independent trustees. All employees who meet the requirements are qualified to participate. Employees make voluntary contributions to the 457(b) plan. The Agency's required contribution is 5% of the total salaries of qualified participants. Employer contributions to both plans in fiscal year 2012 -2013 totaled $87,464. 22 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 11. RELATED PARTY TRANSACTIONS The Agency is a blended component unit of the City of Boynton Beach, Florida. For the year ended September 30, 2013, the Agency's tax increment revenues include $3,446,120 received from the City. In addition, the Agency reimbursed the City for services performed on behalf of the Agency such as recording, information technology services, festival expenses, human resource and payroll services, facility rental and permitting fees paid during the year. Payments to the City for these services during the year ended September 30, 2013 totaled $88,084. 12. SUBSEQUENT EVENTS The Agency evaluated subsequent events through December 31, 2013, the date the financial statements were available to be issued, and does not believe that there are any such events or transactions that require disclosure. 13. NEW PRONOUNCEMENTS ISSUED The following pronouncements were implemented in the current year financial statements of the Agency: ® GASB Statement 63, Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources, and Net Position - this statement improves financial reporting by standardizing the presentation of deferred outflows of resources and deferred inflows of resources and their effects on a government's net position. The following pronouncements have recently been issued by the GASB, but will not have a material impact on future financial statements of the Agency: • GASB Statement 65, Items Previously Reported as Assets and Liabilities, which will be effective for the fiscal year ending September 30, 2014. • GASB Statement 66, Technical Corrections - 2012 - an amendment of GASB Statements No. 10 and No. 62, which will be effective for the fiscal year ending September 30, 2014. • GASB Statement 67, Financial Reporting for Pension Plans - an amendment of GASB Statement No. 25, which will be effective for the fiscal year ending September 30, 2014. • GASB Statement 68, Accounting and Financial Reporting, for Pensions- an amendment of GASB Statement No. 27, which will be effective for the fiscal year ending September 30, 2015. • GASB Statement 69, Government Combinations and Disposals of Government Operations, which will be effective for the fiscal year ending September 30, 2015. • GASB Statement 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees, which will be effective for the fiscal year ending September 30, 2014. • GASB Statement 71, Pension Transition for Contributions Made Subsequent to the Measurement Date, which will be effective for the fiscal year ending September 30, 2015. 23 Required Supplementary Information BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule (Unaudited) General Fund For the Year Ended September 30, 2013 Variance with Final Budget - Original Budget Final Budget Actual Positive (Negative) REVENUES Tax increment revenue $ 5,400,000 $ 5,585,000 $ 5,614,224 $ 29,228 Charges for services 1,000,000 1,000,000 1,090,447 90,447 Interest and other income 17,047 17,047 Total revenues 6,400,000 6,585,000 6,721,722 136,722 EXPENDITURES General government 2,678,910 2,732,083 2,555,373 176,710 Totat expenditures 2,678,910 2,732,083 2,555,373 176,710 Excess ofrevenues mvr expenditures 3,721,090 3,852,917 4,166,349 313,432 OTHER FINANCING SOURCES (USES) Carryover fund balance 325.000 325,000 (325,000) Transfers out (4,046,090) (4,177,917) (4,185,449) 7,532 Total other financing sources (uses) (3,721,090) (3,852,917) (4,185,449) (317,468) Nei change in fund balances $ - $ (19,100) $ (4,036) Fund balances - beginning ofyear 3,547,116 Fund balances - end of year S 3,528,016 The notes to the Budgetary Comparison Schedule are an integral part of this schedule. 24 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Budgetary Comparison Schedule September 30, 2013 1. BUDGETARY INFORMATION The Agency is required to establish a budgetary system and an approved annual budget for the General Fund, Debt Service Fund and Project Fund. The Agency's budgeting process is based on estimates of cash receipts and cash expenditures which are approved by the Board. In accordance with generally accepted accounting principles, budgetary comparison information is disclosed only for the General Fund. The budget is adopted on the modified accrual basis of accounting, consistent with generally accepted accounting principles, with the exception of compensated absences. Compensated absences are budgeted only to the extent expected to be paid, rather than on the modified accrual basis. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board. The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. 25 Compliance Section i .................. Sanson, Kline, jacomino, Tandoc Cox Gamarra, LLB 5805 Blue Lagoon Drk I Suite 2201 Miami, Fl- 33226 Td: (305) 269-86331 Fax: (305) 265-0652 1 NNww.slrjtr-cpa.com Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards To the Board of Commissioners Boynton Beach Community Redevelopment Agency: We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities and each major fund of the Boynton Beach Community Redevelopment Agency (the Agency), a component unit of the City of Boynton Beach, Florida, as of and for the year ended September 30, 2013, and the related notes to the financial statements, which collectively comprise the Agency's basic financial statements, and have issued our report thereon dated December 31, 2013, Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Agency's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Agency's internal control. Accordingly, we do not express an opinion on the effectiveness of the Agency's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Agency's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 26 Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. 14t" 4;tt rkX444 r December 31, 2013 27 SKJT G ------------- ....................................... Sanson, Kline, Jacomino, Tandoc & Gamarra, LLP 5805 Iflue Lagoon Drive Suite 220 I Miami, FL 33126 Tel: (305) 269 -13633 � F;ax: (305) 265 -0652 I wvww-w.skjtg- epa.com Management Letter in Accordance with the Rules of the Auditor General of the State of Florida To the Board of Commissioners Boynton Beach Community Redevelopment Agency: We have audited the financial statements of the Boynton Beach Community Redevelopment Agency (the Agency), a component unit of the City of Boynton Beach, Florida, as of and for the fiscal year ended September 30, 2013, and have issued our report thereon dated December 31, 2013. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and Chapter 10.550, Rules of the Florida Auditor General. We have issued our Independent Auditors' Reports on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in those reports, which are dated December 31, 2013, should be considered in conjunction with this management Ietter, Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which governs the conduct of local governmental entity audits performed in the State of Florida. This letter includes the following infornation, which are not included in the aforementioned auditor's reports: • Section 10.554(1)(i)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report not othenvise addressed in the auditor's report pursuant to Section 10.557(3)(b)2., Rules of the Auditor General. There were no findings or recommendations made in the preceding annual financial audit report. • Section 10.554(1)(i)2., Rules of the Auditor General, requires our audit to include a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our current year audit, we determined that the Agency complied with Section 218.415, Florida Statutes. • Section 10.554(1)(i)3., Rules of the Auditor General, requires that we address in the management letter any recommendations to improve financial management. In connection with our current year audit, we did not have any such recommendations. • Section 10.554(1)(i)4., Rules of the Auditor General, requires that we address noncompliance with provisions of contracts or grant agreements, fraud, illegal acts, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our current year audit, we did not have any such findings. 28 • Section 10.554(1)(i)5., Rules of the Auditor General, requires that the name or official title and legal authority for the primary government and each component unit of the reporting entity be disclosed in this management letter, unless disclosed in the notes to the financial statements. Such disclosures are made in note 1(A) to the Agency's financial statements. • Section 10.554(1)(i)6.a., Rules of the Auditor General, requires a statement be included as to whether or not the local governmental entity has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and identification of the specific condition(s) met. In connection with our current year audit, we detennined that the Agency did not meet any of the conditions described in Section 218.503(1), Florida Statutes. • Section 10.554(1)(1)6.b., Rules of the Auditor General, requires that we determine whether the annual financial report for the Agency for the fiscal year ended September 30, 2013, filed with the Florida Department of Financial Services pursuant to Section 218.32(1)(a), Florida Statutes, is in agreement with the annual financial audit report for the fiscal year ended September 30, 2013. As of the date of our report, the Agency has not filed its annual financial report with the State of Florida Department of Financial Services. • Sections 10.554(1)(i)6.c. and 10.556(7), Rules of the Auditor General, require that we apply financial condition assessment procedures. In connection with our current year audit, we applied financial condition assessment procedures. It is management's responsibility to monitor the entity's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. This management letter is intended solely for the infonnation and use of the board of directors, management of the Agency, and the State of Florida Office of the Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. )"A411, 4,4 ?UM;XA December 31, 2013 29 BO")INTO F FF RA =BE CRA BOA" MEETING OF'. February 11, 2014 Consent Agenda I I Old Business I X � New Business I Legal Information Only SUBJECT: Consideration of Resolution No. 14 -01 — To Establish a Self- Funded Insurance Reserve from the General Fund Unassigned Fund Balance SUMMARY: Prior to 2013, the Boynton Harbor Marina docks, slips and seawalls were insured for replacement cost. During 2013 insurance industry standards for coverage of these types of structures and class of business changed. The Marina docks, slips and seawalls were previously insured at $725,000. With the changes referenced, in the event of a loss, the coverage amount is $155,000. The difference of $570,000 is based on the appraised amount of the independent insurance property valuations and the exclusion of all underwater structures such as seawalls, pilings and utilities. In the event of a catastrophic loss to the excluded portion of the Marina, the CRA would be liable for 100% of repairs. It is recommended that a Self- Funded Insurance Reserve be established to fund the difference in insurance coverage at the rate of 20% of the General Fund unassigned fund balance each year until the insurance difference is 100% funded. The CRA would confer with the insurance broker each year to reestablish the excluded amount for which the CRA would be responsible in the event of a loss. Resolution No. 14 -01 would authorize the establishment of the Self- Funded Insurance Reserve and the Finance Director to fund annually. FISCAL IMPACT: No budgetary impact; a 20% annual allocation of General Fund Unassigned Fund Balance until difference in insurance coverage funded. CRA PLAN, PROGRAM OR PROJECT: All CRA plans and projects RECOMMENDATIONSIOPTIONS: Approve Resolution No. 14 -01 establishing a Self - Funded Insurance Reserve. Funding source: 20% of the General Fund unassigned fund balance each year until insurance gap is funded. 4 wxa� Susan Harris, Finance Director I :\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board MeetingMFeb 20141Consideration of Resolution No 14 -01 -To Establish a Self Funded Insurance Reserve.docx RESOLUTION NO. 14 -01 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO ESTABLISH A SELF - FUNDED INSURANCE RESERVE FROM GENERAL FUND UNASSIGNED FUND BALANCE; AUTHORIZE THE FINANCE DIRECTOR TO ESTABLISH AND FUND SUCH RESERVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency (hereafter "CRA ") maintains property and liability insurance on all insurable properties within the CRA redevelopment district; and WHEREAS, it is the CRA policy to maintain insurance coverage at replacement value of the insured properties within the CRA redevelopment district; and WHEREAS, the insurance coverage standards, as established by the insurance industry, have changed such that coverage for certain CRA owned properties are no longer insured at full replacement value; and WHEREAS, the CRA deems it to be in their best interest to establish a Self - Funded Insurance Reserve to fund the difference in insurance coverage between the replacement value and the insured value; and WHEREAS, the CRA deems it to be in their best interest to fund the Self- Funded Insurance Reserve through a 20% allocation of General Fund Unassigned Fund Balance each year, if any, until the insurance difference is 100% funded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. The CRA Board of Commissioners authorizes its Finance Director to establish a Self- Funded Insurance Reserve from General Fund Unassigned Fund Balance as determined by the annual audited financial statements of the CRA. SECTION 3. The CRA Board of Commissioners authorizes its Finance Director to allocate 20% annually of the General Fund Unassigned Fund Balance, if any, for the Self - Funded Insurance Reserve. SECTION 4. The CRA Board of Commissioners authorizes its Finance Director to make such allocation annually and fund the Reserve until such time as the Self - Funded Insurance Reserve is fully funded as determined by the Finance Director and as confirmed by the annual consultation with the CRA contracted Insurance Broker of Record. SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION b. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 11 DAY OF FEBRUARY 2014. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jerry ylor, Chair Approved as to form: Ken it 'as CRA Attorney i r 1 EA ? CRA CRA BOARD MEETING OF. Februar 11, 2014 Consent Agenda I I Old Business J X I New Business I I Legal Information Only SUBJECT: Consideration of Resolution No. 14 -02 — Budget Amendment No. 2 — FY 2013 -2014 SUMMARY: The audited financial statements for the year ended September 30, 2013 reflect an unassigned fund balance in the General Fund of $599,067 (see attached). Florida Statute 163 -387 subsection (6) specifies the following four options for any money remaining in the trust fund after the payment of expenses: (1) returned to each taxing authority which paid the increment, (2) used to reduce the amount of debt, (3) deposited into an escrow account for the purpose of later reducing any debt, or (4) appropriated to specific redevelopment projects to be completed within three years from the date of such appropriation. Subiect to the Board's approval of the previous agenda item, Resolution No. 14 -01 established and authorized funding of the Self- Funded Insurance Reserve, and $119,813 was allocated to Committed Fund Balance leaving a remainder of $479,254 for allocation. CRA staff recommends the Board consider the following allocations: 1. Parking Redevelopment: $83,085 - This represents the budget overage amount necessary for the contingency for the parking contract in the amount of $33,085 plus an additional $50,000 for planning and design of the second parking lot development at N.E. 4 th Street (original budget- $528,3951amended budget - $611,480) 2. Economic Development and Community Meetings: $20,000 - (original budget line item $3,500 /amended budget - $23,500) The HOB community meeting and planned Commercial Broker meeting have exhausted this budget line item. Additional funding is recommended for meetings associated with redevelopment budget items such as Town Square planning, community updates and economic development. 3. Property Acquisitions: $376 - (original budget- $1,379,9701amended budget- $1,756,139) In addition, special event and marketing fund balances from FY 12 -13 were identified due to prepayment of expenses for the October 2013 Pirate event. To maintain budget accuracy in FY 2013 -2014, the fund balances should be placed in the FY 2013 -2014 budget in the amount of $62,275 for the Special Events budget and $5,665 in the Marketing budget, both in the Project Fund. Resolution No. 14 -02 including Exhibit "A" are attached for the Board's review and approval. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslFeb 20141Consideration of Resolution No. 14 -02 Budget Amendment No. 2 — FY 2013- 2014.docx i 4 r BOYNT 0 �r`fi�; "9�ss, v�ls� B ; C RA FISCAL IMPACT (1) $479,254 for allocation in FY 2013 -2014 from the General Fund unassigned fund balance, and (2) $67,940 Project Fund FY12 -13 fund balance ($62,275 from Special Events and $5,665 from Marketing) for allocation in FY 2013 -2014 to Special Events and Marketing Programs - Downtown. CRA LAN, PROGRAM OR PROJEC All CRA plans and projects RECOMMENDA TION S/OP TIONS: Approve Resolution No. 14 -02, Budget Amendment No. 2 for FY 2013 -2014. Susan Harris, Finance Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board Meetings\Feb 20141Consideration of Resolution No. 14 -02 Budget Amendment No. 2 — FY 2013- 2014.docx BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Notes to the Basic Financial Statements September 30, 2013 5. FUND BALANCES (Continued) Below is a table of fund balance categories and classifications, by fund, at September 30, 2013: Debt General Projects Service Fund Fund Fund Nonspendable $ 28,804 65,581 - Restricted - 1,670,500 Committed 336,446 136,254 57,187 Assigned 2,563,699 3,442,538 unassigned 599,067 - -. Total $ 3,528,016 3,644,373 1,664,687 6. INTERFUND TRANSFERS During the fiscal year ended September 30, 2013, the General Fund transferred $2,276,366 and $1,909,083 to the Projects Fund and Debt Service Fund, respectively. The transfers made to the Projects Fund were to fund the costs of ongoing redevelopment projects. The transfers made to the Debt Service Fund were to fund the annual debt service expenditures on the bonds and loans payable. 7. HOMEBUYER ASSISTANCE PROGRAM The Agency established the Homebuyer Assistance Program to assist local residents with the purchase of a home by providing a subsidy in an amount not to exceed $50,000 per homeowner. The subsidy is secured by a mortgage, which is required to be paid back only under certain circumstances outlined in the mortgage agreement. The mortgage is forgiven if the homeowner remains in the home during the full term outlined in the agreement. The amount of mortgages receivable outstanding at September 30, 2013 totaled $1,494,672. Given the nature of these loans, collection is uncertain, and therefore an allowance for uncollectible mortgages has been established at 100% of the value of the mortgages receivable outstanding. Consequently these mortgages are not recognized on the financial statements. 8. RISK MANAGEMENT The Agency is exposed to various risks of loss related to torts, theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Agency purchases commercial insurance for the risks of loss to which it is exposed. Policy limits and deductibles are reviewed by management and established at amounts to provide reasonable protection from significant financial loss. Settlements did not exceed insurance coverage for the current fiscal year. 9. COMMITMENTS AND CONTINGENCIES A. Economic development programs The Agency established Economic Development Programs in an effort to promote the redevelopment of existing businesses located in the City as well as attract new businesses to Boynton Beach. These programs for commercial businesses include Facade Programs, Rent Subsidy, Interior Build -Out and Signage. During fiscal year 2013, the Agency closed and disbursed $172,559 in Economic Development Grants. 21 RESOLUTION NO. 14 -02 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE 2013 -2014 BUDGET TO INCREASE THE TOTAL APPROPRIATIONS FOR THE GENERAL FUND AND PROJECT FUND AND REFLECT MOVEMENT OF FUNDS FROM THE GENERAL FUND TO THE PROJECT FUND; ALLOCATE GENERAL FUNDS AND PROJECT FUNDS; AND ALLOCATE FUNDS FOR SELF- FUNDED INSURANCE RESERVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter "CRA ") has adopted the fiscal 2013 -2014 budget and does allow program changes as necessary; and WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan; and WHEREAS, the CRA Board approved Resolution No. R13 -01 on September 10, 2013 approving the Fiscal Year 2013 -2014 budget; and WHEREAS, the CRA Board approved Resolution No. 14 -01 on October 8, 2013 amending the Fiscal Year 2013 -2014 budget; and WHEREAS, the audited financial statements for the year ended September 30, 2013 contain a General Fund unassigned fund balance in the amount of $599,067; and WHEREAS, the CRA Board approved Resolution No. 14 -01 on February 11, 2014 providing for the establishment and funding of a Self- Funded Insurance Reserve through the General Fund unassigned fund balance each year; and WHEREAS, certain Project Fund special event and marketing fund balances from FY 2012 -2013 are available for allocation; WHEREAS, the Director of Finance, based on the Board's policy determination has identified certain line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. The CRA Finance Director hereby allocates $119,813 representing 20% of the General Fund unassigned fund balance as reflected in the audited financial statements dated September 30, 2013 as Committed Fund Balance for the Self- Funded Insurance Reserve. SECTION 3. The CRA hereby increases Project Fund revenues in the amount of $67,940 and increases Project Fund expenses for special events in the amount of $62,275 and marketing program - downtown in the amount of $5,665. The source of funds is fund balance available in the Project Fund as of September 30, 2013. SECTION 4. The CRA hereby increases General Fund Other Financing Sources in the amount of $479,254 representing $599,067 General Fund unassigned fund balance as of September 30, 2013 less $119,813 funding for Committed Fund Balance for the Self - Funded Insurance Reserve. The CRA Board will reallocate the revenue increase of $479,254 as specified and approved at the Board Meeting on February 11, 2014. A copy of the 2013 -2014 budget amendment is attached hereto as Exhibit "A ". SECTION 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 11" DAY OF FEBRUARY 2014. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Jerry Taylor, Chair Approved as to form: Ken ilias, CRA Attorney w Z CO N n (O Lf) N Cl) CW) W co o 0 0lf)N O N C'! P% n�� N co m O 0 LO (O to r CO OL3 Q N N Cl I- N V CG ti O a N N V , O z w z a w a a ¢ C* rt? co - 69 64 vv (ia � 1 - 1 1 LO CO n (O LO O LO � OO (D Cpl W y NCO N (O N O N N O O Q ¢ ^ co i1) � Lf) I- N Lf) Lf) OD r- 07 ��a a It It M U W N Z � � +t3 6G3 64 69 64 fA to (4 U) N3 69 N O Z U L0 0 0 0 o O c0 r O LO 0 00 LLQ W O O O m V (' O C v W Q m N N C) O0 0 O] U3 (`] M N N m Cl) � p a s m m 0 LU a d a v V a H (fl s4 6s 6s ' (� (�r f» 69 bra 6s 63 aI R G O N V W LO O v co ' F' O 00� O NO O V li U o0 00 ° o� ;O M U m r L O� 0 V 0 0 O O � IT N N LU o N N CO L0 Ll) l ' N LOD Lf D y 0 0 N N 0 O N N M O O 0 0 0 0 �O r N Z N r (� Q N O LL CD A N n Z p m o L}i cr E z V A C ('") c Q Cl) 7 Z w " N E ~ M � Q �_ .�L 3 6 _ Cl ca (n o 0) w a w z c rn v E w Z _ J N yU J N Q (h r m6vO p X Q p N N N m w u E ?->- m O U) LU LL LL � N U co m N Z C (�O v c o LL(D m a)` c W R o c c a c Of v p 7 �� 0 W m m � m a d 6% - 0 - O U Y " N 41 l` . N : N C Q) LL m T i c c N R m 7 C N C _ CL O c 7 7 O" [6 C) C N O N m m m 2 a) C Y LL LL (n 7 S LL LL U) Z O O C Z t 7 w m y `0 0 o m i H o LL F- 7 Z a) c r N d Q W q7 N U d m = N O } L C ff1 u E D(0 E c LL :3 Fu O O O O O W n m o ( a= N (h U) m LL a r U) R a W• ' c O c c ' cm W G� u p o "� "�ap°� 3 d m m Li N c R C C U C C J 7 N } R O LL LL V LL LL c BOO Z U. c C N _�_ am. : E w E¢ L L 'p o b r m (cG m m o o�uooaw','= o ar ODU U w Q 4 v (=o m C � O d R z m C m d Di Gi 4) R d d 9) U U o La LL Q � LL 4 4 4 4 Q u O !V a r c c � 7 N R LL # N C 0 R � C (i m 'En o LL N 1 . z wY(v a 'aEe > ai (Rj A ¢ y o -, IX G m a)? CL ¢ m ¢a(`I ramx To CRA „i ;, _. CRA BOARD MEETING OF*6 February 11, 2014 f Consent Agency I Old Business I I New uslnn ss Pub Hearing Other S U"JECT: Consideration of Resolution No. 14 -03 to Release Demolition Liens assigned to the CRA by the City of Boynton Beach for the paid demolition of the former Boynton Terrace Development n/k/a Ocean Breeze East & West. SUMMARY: After the hurricanes of fall 2004, the City and the CRA entered into an Interlocal Agreement to demolish the Boynton Terrace property. The CRA paid the City of Boynton Beach $371,536.44 for the cost demolition and in turn the City assigned their interest in the lien to the CRA through Resolution No. 05 -176 (see Attachment I). At their March 13, 2009, the CRA Board approved entering into a Purchase & Sale Agreement with Boynton Associates, LTD, for the acquisition of the Boynton Terrace properties. The CRA took ownership of the properties in March 2007 in order to redevelopment the sites in accordance with the goals and objectives set forth in the Heart of Boynton Redevelopment PIan and began a series of Request for Proposal releases in order to obtain the developer for the new Ocean Breeze project site. At their August 9, 2011 meeting, the CRA Board approved entering into a Development Agreement with Habitat for Humanity of South Palm Beach County Community Housing and Land Trust for the land transfer of 21 single family lots and the construction of affordable housing on the former Boynton Terrace site n/k/a Ocean Breeze West (see Attachment 11). Under the terms of the Development Agreement Section 6., the CRA was to convey the parcels to Habitat free and clear of any all liens. The result of a recent title search still shows the CRA's Demolition Lien and the City of Boynton Beach's Code Enforcement Liens as encumbrances on the property. CRA staff is recommending the release of the CRA's Demolition Lien as required under the terms and conditions of the Development Agreement with Habitat for Humanity of South Palm Beach County Community Housing and Land Trust. If the CRA Board approves the release of the demolition lien, CRA staff will pursue formal release of the code enforcement liens from the City of Boynton Beach. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: CPA Redevelopment Plan, Heart of Boynton Neighborhood Plan, Downtown Vision & Master Plan. RECOMMENDATIONS: Approval of Resolution No. 14 -03 to Release Demolition Liens assigned to the CRA by the City of Boynton Beach for the paid demolition of the former Boynton Terrace Development n/k/a Ocean Breeze East & West. Michael Simon, sistant Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Ccmpleted Agenda Item Request Forms by Meeting\FY 2013 - 2014 Board Meetings\reb 20141Release of Demoli lon liens - Ocean Breeze Site.doex Return to: Kenneth W. Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Telephone: (561) 640 -0820 RELEASE OF LIEN WHEREAS, pursuant to Resolution, the City of Boynton Beach, Florida recorded demolition liens (hereinafter "Demolition Liens') against those certain parcels of property described in the attached Exhibit "A ", attached and incorporated herein by this reference; and WHEREAS, by instrument dated August 9, 2006, these Demolition Liens were assigned to the Boynton Beach Community Redevelopment Agency ( "CRA" ), said Assignment being recorded in Official Record Book 20768, Page 938 of the Public Records of Palm Beach County, Florida; and WHEREAS, the CRA, for the purpose of promoting the redevelopment of the herein mentioned property, has chosen to release the Demolition Liens encumbering the parcels described in Exhibit "A ". NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the CRA hereby releases and forever discharges the Demolition Liens described in Resolution No. 05 -176, recorded at Official Record Book 19662, Page 0893 of the Public Records of Palm Beach County, Florida and assigned to the CRA by instrument recorded in Public Record Book 20768, Page 938 of the Official Records of Palm Beach County, Florida. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Vivian rooks, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Release of Lien was acknowledged before me this day of , 2014, by Vivian Brooks, Executive Director of Boynton Beach Community Redevelopment Agency, who is [I personally known to me or U has produced as identification. Notary u lic State of Florida BOYNTON TERRACE DEMOLMON Ta" --Sum M PT DEMO — MQ — AiFML'r 0-0 Fn a 7c — ..,To DEORM JY17ARD) D;ftoLnWM allR 2.46 M Us l w C,7 REPORT imm Na TOTAL I NW 2ND -ST. 1014 �090.00 ­� � 1719 _ ccmff V.900.00 $I'w" S241"I.00 UEN 147 1610 DA9.00 Z479,78 10428 17.070.06 1.128.57 283.8s 3,S?0.14 22.OU.40 I MW 2ND ST. 9.709.00 20 -07-003-1610 1 — 17070,06 1.12957 263.03 3.1570,14 2ZO32.40 REP U ;A L E 12. on 41 ZO32.., 4132 4, 4.0 • ---77 Sid ago-oa IY.070.00 1.12B.67 253.03 3's 0.14 4032.4Q MW MH UT 014 9709DO "7 i6o ,. 2AM78 t, 21, 170 �1.12 WWTM .* -- 5.57 21MG 3. 16 3 3.570.14 22,032.41 *eW .00 970900 .. 1.07 17 1,126,57 MA3 3.570.14 1 25. 72 ® . 84 — - 71215 - 1 — 29&" a.570.15 19420 M. SEAG 5-21 =1 1 -041 0843 113.3".75 — 1-2. — 126724.$4 1.12-4,50 3,570.15 130,087.21 E 4XROO-ml — 1,0 .131-50 87,M.00 17 b .33730 -----J- 1.04S." So' 24.11.1 3Tt .44 ATTACHMENT I CFH 20060492122 OR BK 2076a PG 0938 PREPARED BY: J i Kenneth G. Spilhas, Esquire Palm Beach County, Florida Lewis, Longman & Wiaker, P.A Sharon R. Boci4CLERK 1700 Pain Beach Lakes Boulevard f Suite 5040 'west Palm Beach, FL 33401 LIEN ASSIGNMENT AND SUBORDINATION AGREEMENT WHEREAS, the City of Boynton Beach ( "City"), is the owner and holder of those certain liens enumerated in Attachment "A" attached hereto and recorded in the Public Records of Palm Beach County, Florida, said liens encumbering a parcel of property (the "Property") described as follows: BOYNTON TERRACE APARTMENTS SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Arid, WHEREAS, the City and the Boynton Beach Community Redevelopment Agency ( "CRA ") have entered into a certain Interlocal Agreement of even date herewith for the CRA's funding of the demolition of the structures currently existing on the Property pursuant to the City's building and code enforcement authority and WHEREAS, pursuant to the terms of the Interlocal Agreement the CITY has agreed to assign its interest in the lien against the Property that resulted from the City's demolition of the strictures on the Property ( "Demolition Lien') in order to provide a mechanism for the CRA to secure repayment of the funds provided to the City for the demolition of the Property; and WHEREAS, the City and the CRA have agreed that the City's liens set forth in Attachment "B" shall be subordinated to the Demolition Lien as provided for in the Interlocal Agreement. NOW THEREFORE, for and in consideration of Ten Dollars ($10,40), in hand paid by the CRA, receipt whereof is hereby acknowledged and for other good and valuable consideration, the City does hereby represent, warrant, covenant and agree as follows: 1. That the City hereby assigns its right, title, and interest in the Demolition Lien dated October 18, 2005 and recorded on December 13, 2005 in Official Record Book 19562, Page 0893 of the Public Records of Pairs Beach County, Florida, to the CRA. The CITY retains the right to, and shall defend any action filed challenging or contesting the legality of the Demolition Lien, or the authority of the CITY to place the Demolition Lien on the Property. The CITY shall be entitled to recover its costs associated with defending the legality of the Demolition Lien or the authority of the CITY to place the Demolition Lien on the Property from the CRA at such time as the CRA either forecloses, or receives funds to satisfy the Demolition Lien, The CRA, at its own cost and expense, shall be entitled to foreclose the Demolition Lien at anytime following the recording and assignment of the lien by the CITY. f 2. That the liens held by the City as set forth and described in Attachment "B hereto hereby are and declared to be for all times inferior and subordinate in lien, right and dignity to the lien of the CRA hereinabove- described. 3. That the liens held by the City and described above and in Attachment `B" together with the indebtedness secured thereby, are owned by the City and that said indebtedness has not been assigned, transferred, or pledged to any person or entity whomsoever, so that the City, by its undersigned authorized representative, has full right and authority to execute this Lien Assignment and Subordination Agreement. 4. The City certifies that there exist no other liens or encumbrances held by it with regard to the property as of the date of the Interlocal Agreement and this Lien Subordination Agreement. To the extent that any other liens or encumbrances running in favor of the City may exist which are not set forth on this Lien Assignment and Subordination Agreement, any and all such liens and encumbrances are inferior and subordinate to the Demolition Lien as provided herein and in the Interlocal Agreement. Dated this 4 ? day of 2006. Signed, sealed and delivered In the presence of: CITY OF BOYNTON BEACH By. witness KURT BRESSNER Its: CITY Tint Name S ATTEST: 5t Witness , t o (!!YP 'to, City Clerk APPROVED TO FORM AND LEGAL SUFFICIENCY: 13y VlAtt orney e ire f r Legal Description f PARCEL K F y{ e 1, of the PuIft Recovft of Palm Beach of Lot [ , f , 226.38 feet to ft Soahom caaw of Lot 134 of sad Nod C; to= Wask e%M Me South Kne ofsdd Lot 134, a distance of 1 IS8 of saM BW C4 them 189.19 feet #. E to =W two bows NoM 41' OV 57 E=% #w" NoWmestuty WoM the am of said curoe &02 at the East In of Lot 1 NOM • W 4V EaW, line of saW Lot 120 a distance of 57.60 y t 1 128 a claftnee of 150.00 fed io the st Eft 446d Lot 1 127 wW t E + One of Uft 127 and 126, 100.00 f4wt to t South Una of Lots 124 and 123 of sW Bkpck 0, fmce West eforg SaId South Ins 100. Wed We of =W Lot 12% tkonm North Wo" uM West ffm and 69 Nwdu* prolongKion ihorscC 193.23 fog tio the Waveaca with ft WWafy poWgidon of Ow South fim of Lot ## of Uld Black *,, thence North 76 48 Ud mWN xsdd Waslwty ' ,1 fift of sW Lot 141; thence North: said V&A WuN IOUS ftof to the tkdh Om of mW Lot 141; to" Nam er V EV East = NoM Oa of Lob 141 and 142 of said Vock C, a disfance of 7&51 feet to a be 25 OW MW of mW pwaft! We the Ent Ina of Lat WO of sald Block C; 149,148 and 1 of said Nock Y hav SwAhweamly • W W, tedy t atono the am E s9d vine. VA2 f PARCEL a Lds 11% 117, I 11% let. , accordhq « 1, of dw Publ* Reacoft of Palm Beach county, FWficic 1 , of PALM BEACH GOUNTRY CLUB ESTAM, f t, , BUM County, Fkwidr, and the Soulh V2 of tha East V2 of Lot 2, of Sub*Mlc;n of Lhe Wesi V2 of t« Cow* Ftadds, according to the Flat tamol, as mcmd4d In Plat Six* 1, at Page 4. of Me PW)fic Records of Palm Beach Courdy. Flodda- LESS AND EXCEPT THEREFROM Ihe Smth 125 feet thwu% vW LM the dgWW)I4my Ibr"GeamW Sou*mW as shown on Road Plat Book e j , l Page 184 1 t uW Records of Palm Beach County. Floltda. 9 e ATTACHMENT B CITY OF BOYNTON BEACH LIENS ON TERRACE PROPERTY (legal description of Property) 1. City of Boynton Beach Engineering Consulting fees in the principle amount of $25,000 recorded at ORB 13865 page 0116 of the Public Records of Palm. Beach County, Florida. 2. City of Boynton Beach Code Compliance Case 04-1201 in the principle amount of $49,384.12 recorded ORB 17761 page 1311 of the Public Records of Palm Beach County, Florida. 3. City of Boynton Beach Code Compliance Case 04 -1200 in the original principle amount of $49,48015 ORB 17761 page 1268 of the Public Records of Palm Beach County, Florida. 4. City of Boynton Beach Code Compliance Case 04 -2393 in the original principle amount of $41,134.12 ORB 18179 page 1607 of the Public Records of Palm Beach County, Florida. 5. City of Boynton Beach Code Compliance Case 04 -2392 in the original principle amount of $41,134.12 ORB 18179 page 1602 of the Public Records of Palm Beach County, Florida. HAI990\900182.BB\AGNUI Subordination agreement C;RA (Boynton Terrace) (84- 06).doc f Holum to: (enclose seff stamped envelops) N Addd I all III III III IN 111111 CFN f OR BK 1 4 3662 PG 38 1 33 RECMUn 12113/ 26M t s ] County, F2oride 6893 ; { a ) dtfil I of the City tw City+ if 8"nlon Beach P. 63x 310 Bay an Beat , Florida Ima 1 RESOLUTION No. 05. 1'7G 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES s AGAINST THE OWNERS OF THE 7 PROPERTIES INVOLVED; PROVIDING FOR $ AN ADDITIONAL ADMINISTRATIVE FEE 9 PRIOR TO RECORDATION OF LIENS; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Manager or his designated representative, acting on behalf of 13 the City, has pursuant to Section 10-5 of the Code of WWances of the City of Boynton 14 Beach, found and determined that the condition of certain property or parcels of land as 15 hereinafter described violate Section 10-2 and 10-3 of said Code by reason of the unsafe 16 structures located on the property which were detrimental to the health and welfare of the 17 residents of the City, thereby constiw ttg a nuisance; and 16 19 WHEREAS, the owners of the parcel(s) of property hereinafter described were duly 20 notified in acmdanee with Section 10-5 of the City Code of Ordinances and were required 21 to abate the nuisance; and 22 23 WHEREAS, said nuisance was not abated as required; arid, 24 25 WHEREAS, pursuant to, and in accordance with the procedure set forth in Chapter 26 10 of the Code of Ordivanlces of the City of Boynton Beach, the City abated said nuisanco; 27 and 26 29 WHEREAS, the City Manager or his authorized representative has made a report of 30 costs actually incurred by the City and abatement of said nuisance as to the property(s) 31 involved, which is described in Exhibit "A" attached to this Resolution; and 32 33 WHEREAS, upon passage of this Resolution, the property owners will be furnished 34 with a ropy of this Resolution, and given one more opportunity to remit all costs associated 35 with the abatement in fall within 30 days of the passage of the Resolution, before transmittal 36 to the County for recordation of Liens; and 37 38 WHEREAS, at the time of recordation of Liens in the Public Records of Palm 39 Beach County, the City Clerk's office will add an additional administrative fee in the 40 amount of 53040 to each Lien; and 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 43 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS; 44 45 Section 1: Each Whereas clause set forth above is true and correct and 48 incorporated herein by this reference, 00 kl 9662/Page893 Page 9 of 3 2 SActi 2. The amount of costs iacun)ed by the City and the a o f t h e 3 above-described nuisw as to the parcels of land, owned and indicated to wit: 4 SEE ATTACHED COMPOSM EXHIBIT "A" 7 Subject amount is hereby assessed as lions against said parcels of land as indicated, plus an 8 additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity 9 with the taxes therefrom for the yew 2005, and shall be. enforced and collected in like 10 manner pursuant to applicable provisions of law. In the event Collection proceedings are 11 necessary, the property owner shall pay all costs of the proceedings, including reasonable 12 attorneys fees. 13 14 &ction 3. This Resolution shall become effective immediately upon passage. 15 16 PASSED AND ADOPTED this -18— day of October, 2005. 17 18 CITY OF BD ON BEACH, FLORIDA 19 20 21 22 23 24 yor 25 26 27 28 29 30 om 31 ATTEST: • 32 33 34 jm.+, LM Uommissioner 35� Et Clerk 36 37 Bookl 9662/Page894 Page 2 of 3 13 0YNTON TERRACE DEMOLMON L ASBES CRA ADDRESS SQ. FT DEMO M " ASPHALT (SQ OONC ( FT)@ DE19RIS (YARD) VEMOUTION SURVEY 245 REPOR' OJE IIS 17.9 COST sz�wxo $I,USAg 721 NW 2ND ST, 414 4, 0.00 V0100 2,4 . 75 194,28 17,070.06 0043-45-21-074N)3-11810 M28.57 263.63 A' CRA MOUTION REPOR' COST &a* 17 '008 2. 4! 78 1 7.07 3.�33 711 NW 2ND ST. 1914 4,1690.00 9 ± 2,476.718 194-28. 17,070.06 08-434$21-0-003-1810 1,12&57 26163 .......... 230 NW 7TH T. 1914 4.690,00 9,709.00 2,476.78 194.28 17.070.OB 06 1.128-57 26 220 MN 7TH CT. 1914 4.60.00 00-43-4&21-07-003-1 lee , 9, 9. 2.479,78 1 29 17,070.07 1.128.67 .63 7000 9C 263 & ------ � , 746a0,00 9,709.00 i NW 7TH � 0 2,476.78 �7.070.0�71 f � 128.57 �346-2?-U i 263.83 W I N. SFEAC BLVD 47952 113 �W75 ------ 21-07-03-7= 1K29 125,724.84 1,126,57 283.55 700 W SbiCREST %709.00 .2,4 .80 19429 125,724.84 BLVD. 47952 113,344.75 U@-4M6-V-i"0l-Wj0 1,128.58 263-64 f05474 250.14 17.337.50 1,360.00 338.8W-00 7 ® 1,845.44 Bookl9662/Page895 Page 3 of 3 ATTACHMENT II DEVELOPM[ENT AGREEMENT This Development Agreement (hereinafter "Agreement ") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "CRA ") and HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC. (hereinafter "LAND TRUST") having an address of 181 SE. 5"' Avenue, Delray Beach, FL 33483. In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE OF REAL PROPERTY CRA agrees to sell and convey to LAND TRUST and LAND TRUST agrees to purchase and develop real property, on the terms and conditions hereinafter set forth, the Property located in Palm Beach County, Florida (the "Property ") and more particularly described as follows: See Attached Exhibit "A". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars ($10,00), receipt of which is hereby acknowledged. The parties agree that CRA is conveying the Property to LAND TRUST for the construction of twenty -one (21) single - family homes. No more than fifteen (15) of the homes can be sold to families earning below fifty percent (50%) of area Median Household Income for Palm Beach County. CRA has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to LAND TRUST. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date") shall be the date when the last one of the CRA and LAND TRUST has signed the Agreement. 5. LOT DRAW DOWN PROCEDURE. LAND TRUST shall notify the CRA in writing of its intent to draw down any of the twenty -one (21) lots within the Property for closing sixty (60) days prior to the proposed lot closing date. LAND TRUST shall identify which lots it intends to close on. The CRA shall prepare for a closing and notify LAND TRUST of the closing date. 6. TITLE TO BE CONVEYED. At each closing, CRA shall convey to LAND TRUST, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, markctable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions'l: (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of -way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which LAND TRUST fails to object, or which LAND TRUST agrees DEVELOPMENT AGkEEMENT (revised by DJ 7.}2711) Page 2 of 13 to accept, pursuant to Section 7.1 and Section 7.2 hereof 7. INVESTIGATION OF THE PROPERTY. During the term of this Agreement ( "Feasibility Period "), LAND TRUST, and LAND TRUST'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents "), shall have the right, at LAND TRUST'S expense, to make inquiries o� and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to CRA and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which LAND TRUST may deem necessary. During this Feasibility Period, LAND TRUST may elect, in LAND TRUST'S sole and absolute discretion, to terminate this contract. If LAND TRUST elects to terminate this Agreement in accordance with this Section, LAND TRUST shall: (i) leave the Property (accepting any lots which have been previously LEASED TO HOMEBUYERS IN ACCORDANCE WITH THE TERMS HERE OF) in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by LAND TRUST'S testing and investigation; and (iii) release to CRA, at no cost, all reports and other work generated as a result of the LAND TRUST'S testing and investigation. LAND TRUST hereby agrees to indemnify and hold CRA harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to LAND TRUST (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of LAND TRUST'S investigation of the Property. LAND TRUST'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. CRA hereby agrees to indemnify and hold LAND TRUST harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to CRA or for damage to persons or property (subject to the limitation on practicability provided above) arising out of LAND TRUST'S investigation of the Property. CRA'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. 7.1 CRA's Documents. CRA shall deliver to LAND TRUST the following documents and instruments within five (5) days of the Effective Date of this Agreement. copies of any reports or studies, if any, (including environmental, engineering, surveys, soil borings and other physical reports) in CRA'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within tan (10) days of the Effective Date, LAND TRUST shall obtain, at the LAND TRUST'S expense, from a Title Company chosen by LAND TRUST (hereinafter "Title Company "), a Title Commitment covering the Property and proposing to insure LAND TRUST in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions DEVELOPMENT AGREEMENT (revised by DJ 712711) Page 3 of 13 or exceptions in Schedule B of the Title Commitment. LAND TRUST shall examine the Title Commitment and deliver written notice to CRA no later than twenty (20) days after the Effective Date notifying CRA of any objections LAND TRUST has to the condition of title (hereinafter "LAND TRUST'S Title Objections'), If LAND TRUST fails to deliver LAND TRUST'S Title Objections to CRA within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If LAND TRUST timely delivers the LAND TRUST'S Title Objections, then CRA shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the LAND TRUST'S Title Objections (hereinafter "Cure Period"), However, in no event shall the CRA be obligated to expend any amount of money exceeding ten thousand ($10,000.00) dollars to cure the title objection. In the event that CRA is unable to cure and remove, or cause to be cured and removed, the LAND TRUST'S Title Objections within the Cure Period to the satisfaction of LAND TRUST, then LAND TRUST, in LAND TRUST'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement Prior to the Closing, LAND TRUST shall have the right to cause the Title Company to issue an updated Title Commitment (`"Title Update ") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. LAND TRUST, at LAND TRUST'S expense, may obtain a current boundary survey (the "Survey') of the Property, indicating the number of acres comprising the Property to the nearest 1 /100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 7.4 REAL PROPERTY SOLD AS IS, WHERE IS, RELEASE The CRA makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by the CRA at Closing in accordance with this Agreement, and the CRA makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, goverrunental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. LAND TRUST specifically acknowledges and agrees that the CRA shall sell and LAND TRUST shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the CRA'S representations and warranties specifically set forth in this Agreement, LAND TRUST is not relying on any representations or warranties of any kind whatsoever, express or implied, from the CPA its agents, officers, or DEVELOPMENT AGRMME r (revised by DJ 7/2711) Page 4 of 13 employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (S) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or propose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi - governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matte- on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or Idad whatsoever relating to the Property. As used herein. the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste' in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 8. CONDITIONS TO CLOSING. LAND TRUST shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by LAND TRUST in writing: 8.1 R resentations and Warranties All of the representations and warranties of CRA contained in this Agreement shall be true and correct as of Closing. 8.2 Condition of P=M. . The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. DEVELOPMENT AGREEMENT (revised by DJ 712711) Page 5 of 13 9. CLOSING DOCUMENTS. For each lot closing, the CRA shall prepare, or cause to be prepared., the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, CRA shall execute and deliver, or cause to be executed and delivered to LAND TRUST the following documents and instruments: 9.1 Deed. A Quit Claim Deed (the "Deed ") conveying to LAND TRUST valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions which shall include a deed restriction which shall specifically identify that each lot conveyed to LAND TRUST shall be conveyed only to eligible purchasers whose income shall not exceed 120% of median household income for Palm Beach County as established from time to time by HUD. 9.2 CRA's Affidavits. CRA shall furnish to LAND TRUST an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than CRA. CRA shall also furnish to LAND TRUST a non - foreign affidavit with respect to the Property. In the event CRA is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and pro rations between LAND TRUST and CRA, all costs and expenses to be paid at Closing, and the net proceeds due CRA, which CRA shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 10. PROPLATIONS, CLOSING COSTS AND CLOSING S. 10.1 Pro rations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by pro rations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of talc bill. 10.2 Closing Costs. CRA shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). The CRA and LAND TRUST shall each be responsible for it's respective attorney fees and costs. DEVELOPMENT AGREEMENT (revised by DI 7/2711) Page 6 of 13 10.3 Closing Procedure. LAND TRUST shall fund the Purchase Price of $10.00. CRA and LAND TRUST (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to CRA; (ii) deliver the Closing Documents and a °marked -up" Title Commitment to LAND TRUST, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 ExiCtina Mortgages and Other Liens. At Closing, CRA shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS COVENANTS AND WARRANTIES. 11.1 CRA's Representations and . Warranties. CRA hereby represents, covenants and warrants to LAND TRUST, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by CRA and the consummation by CRA of the transaction contemplated by this Agreement are within CRA'S capacity and all requisite action has been taken to make this Agreement valid and binding on CRA in accordance with its terms. The person executing this Agreement on behalf of CRA has been duly authorized to act on behalf of and to bind CRA, and this Agreement represents a valid and binding obligation of CRA. 11.3 Title. CRA is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. 12.1 LAND TRUST's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of LAND TRUST, subject to the provisions of Paragraph 12.3 below, neither LAND TRUST nor CRA shall have any Rirther obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that LAND TRUST shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under LAND TRUST, but not otherwise. 12.2 CRA's Default. In the event that CRA shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of CRA'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, LAND TRUST may, at its option. (1) declare CRA in default under this Agreement by notice delivered to CRA, in which event LAND TRUST may terminate this Agreement and neither Party shall have any further rights herewader. DEVELOPMENT AGREEMENT (revised by DJ 7127I 1) Page 7 of 13 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non - defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Bath parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period, the non- defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to CRA: Boynton Beach Community Redevelopment Agency Attention: Executive Director, Vivian Brooks 915 S. Federal Highway Boynton Beach, Florida 33435 With a copy to: Jim Cherof Garen, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Fort Lauderdale, FL 33308 If to LAND TRUST: Michael Campbell 81 SE, 5 th Avenue Delray Beach, FL 33483. 14. BINDING OBLIGATION /ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. CRA may not assign its interest in this Agreement without the prior written consent of LAND TRUST, which shall not he unreasonably withheld LAND TRUST may not assign this Agreement to any other party without the prior written approval of CRA which shall not be unreasonably withheld. 15. RISK OF LOSS In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of CRA, LAND TRUST may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or LAND TRUST may accept the Property without any reduction in the value of the Property. DEVELOPMENT AGREEMENT (revised by DJ 72711) Page 8 of 13 16, BROKER FEES. 'The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Parry from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, CRA'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17, ENVIRONMENTAL CONDITIONS. To the best of CRA'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT OF THE PROPERTY. CRA and LAND TRUST acknowledge that the Property is being sold to LAND TRUST for the sole purpose of developing, marketing and selling twenty -one (21) single - family homes to families whose income does not exceed 120% of median household income for Palm Beach County as set by HUD. No more than fifteen of the homes may be sold to families whose income is below 50% of median household income for Palm Beach County. The Property is to be held by the LAND TRUST FOR HUMANITY OF SOUTH PALM BEACH COUNTY COMMUNITY HOUSING AND LAND TRUST, INC. Its accessors and or assigns in perpetuity to ensure future affordability of the homes. 18.1 Construction. LAND TRUST agrees to construct twenty -one (21) single - family homes pursuant to the construction schedule and requirements provided herein. LAND TRUST agrees to begin construction on all homes by December 2013. Construction shall mean vertical construction of the walls. 18.2 Construction Requirements. The following amenities are required in each home and must conform to or exceed. City of Boynton Beach codes and regulations unless otherwise specified: a. All homes shall include, at a minimum three bedrooms, two full bathrooms, a one -car garage, a living room, dining mom, frill kitchen and a master bedroom with walk -in closet and attached bathroom. b. The following appliances shall be included and must be Energy Star rated: Refrigerator OvewRange Built -in microwave oven Dishwasher Washer Dryer Water heater Irrigation pump if a well is required by the City. DEVELOPMENT AGREEMENT (revised by DJ W271 1) Page 9 of 13 Central air conditioning/heating. C, Ceramic tile throughout the hallways, kitchen, dining area and bathrooms. d. Carpet in the living room and bedroom. e. All windows shall be Dade County hurricane rated. f The roof shall be warranteed for a minimum of twenty years. g. Xeriscape landscaping and irrigation that exceeds the minimum requirements of the City code. h. Two community monument signs; one to be located at NW 8 Avenue and one a NW 1' Street. Signs to be constructed of concrete and must be at least four feet high by five feet wide. i, A fenced and landscaped buffer to be installed along the entire Project boundary at Seacrest Boulevard subject to City approval. j. Installation of streetlights within the Project subject to City approval. 18.3 CRA Design Approval. Prior to submittal to the City for construction permit, LAND TRUST must obtain CRA Board approval of the design of all model homes. LAND TRUST shall submit the proposed final plans to the CRA no less than thirty (30) days prior to the next regularly scheduled meeting of the CRA board. The CRA Board approval will be provided in writing to LAND TRUST within five (5) business days of the CRA Board meeting where the approval was voted upon. 19. LAND TRUST. LAND TRUST agrees to that all twenty -one (21) lots will be transferred into the LAND TRUST for Humanity of South Palm Beach County Community Housing and Land Trust, Inc. Its accessor's and or assigns and that all the lots shall remain the property of a community land trust in perpetuity. Only improvements on the lots may be transferred to subsequent buyers. Lots shall be leased to home buyers under a ground lease C' Ground Lease "). 19.1 Maintenance. As the manager of the Land Trust, LAND TRUST agrees to maintain the common areas of the Property and each individual lot within the Property once each lot is developed, in perpetuity. LAND TRUST shall enforce the terms of the Ground Lease at all times. 20. REVERTER. Subject to terms 21.13 below, in the event LAND TRUST fails to adhere to the timeline outlined in Section 18. 1, and LAND TRUST has not provided CRA with a written notification as to the reason explaining that circumstances not under the control of LAND TRUST have prevented LAND TRUST from meeting the timeline which in the reasonable discretion of the CRA it may reject, then the Property shall, as a .matter of law, automatically revert back to the CRA_ The CPA agrees to work reasonably with LAND TRUST in working within the timeframe set forth above, but LAND TRUST and CRA agree that time is of the essence. Furthermore, if each home is not sold to income - qualified buyers as defined herein and approved by the CRA, the property upon which the home is located shall, by operation of law, revert back to CRA. If the Property reverts back to the CRA, the CRA may in its discretion complete the construction of the homes and satisfy any outstanding construction loans held by LAND TRUST provided LAND TRUST has assigned the construction contract to the CRA. In the event the CRA funds the construction of the home it shall deduct from the sale proceeds of the home, the full amount necessary to reimburse the CRA for all funds advanced. In the event DEVELOPMENT AGREEMENT (revised by DJ 7/2711) Page 10 of 13 there are any surplus fiends remaining after the CRA has been fully reimbursed for all funds advanced by it to complete construction of the house, the remaining surplus funds, if any, shall be paid over by the CRA to LAND TRUST. 21. MISCELLANEOUS. 21.1 General. This Agreement, and any amendment hereto, maybe executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 21.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (b) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5.00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 21.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof; nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 21.4 Construction of Ag=ment. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 21.5 SeverabiliN. 1f any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder DEVELOPMENT AGREEMENT (revised by DJ 712711) Page 11 of 13 of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 21.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and CRA shall control all printed provisions in conflict therewith. 21.7 Waiver of Jury Trial. As an inducement to LAND TRUST agreeing to enter into this Agreement, LAND TRUST and CRA hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 21.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, seasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 21.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and CRA 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. 21.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 21.11 rviv 1. The covenants, warranties, representations, indemnities and undertakings of CRA set forth in this Agreement, shall survive the Closing, the delivery and recording of the CRA Property Deed and LAND TRUST'S possession of the Property. 21.12 CRA Attorneys' Fees and Costs. CRA acknowledges and agrees that CRA shall be responsible for its own attorneys" fees and all costs, if any, incurred by CRA in connection with the transaction contemplated by this Agreement. 21.13 Force Majeure - The parties shall not be liable for any delay in performance or failure to perform any term or condition of this Agreement caused by (i) fire, (ii) explosion, (iii) accident, (iv) flood, (v) strike, (vi) any regulation, rule or act of governmental agency precluding performance, (vii) any act of God, (viii) armed conflict, or (ix) civil commotion. SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF the Parties have executed this Agreement as of the Effective date. LAND TRUST CRA LAND TRUST FOR HUMANITY BOYNTON BEACH COMMUNITY OF SOUTH PALM BEACH COUNTY REDEVELOMENT AGENCY COMMUNITY HOUSING AND LAND TRUST, INC a By: day. } — Print Name: -, �. Print Name: Josc,o 'guez Title: ! ° ' t Title: n Date: Date: 3 !f Witnesses: Wittees t.• f Approv egal sufficiency: CRA homey H ;1799619$0465.H8CRA1H4H T)evP]opws Agrewwnt C]ean Vaaion.doc DEVELOPMENT AGREEMENT (revised by DI 712711) F&V 13 of 13 Exhibit "A" Legal Description PCN: 08-43-45-21-07-002-1311 And PCN: 08-43-45-21-07-002-1320 And PCN: 08-43-45-21-07-002-1321 j t�rd h � BOYNTON, ""BEACH, CRA BOA" MEETING OF*' Fe bruary 11, 2014 Consent Agenda ! f Old Business New Business I Legal Information Only SUBJECT: Consideration of Purchase and Development Agreement between Boos Development Group, Inc. and the CRA for Properties at 1000 and 1010 N. Seacrest Blvd. SUMMARY At the January 14, 2014 CRA Board meeting the Board approved the selection of Boos Development Group, Inc. for the Notice of Intent to Dispose of Real Property at 1000 and 1010 N. Seacrest Blvd. Boos Development is proposing an 8,100 sq. ft. retail store on the CRA and adjacent property. The attached Purchase and Development Agreement lays out the process for transferring the CRA property and the CRA's expectations regarding the development timeline of the project. Additionally, the Agreement calls for the CRA Board to have design approval of the site plan and building exterior. FISCAL IMPACT: If the Purchase and Development Agreement is approved, the CRA will be tray sferring its two lots to Boos Development for $10. The appraised value of the lots is $126,000. The value of the economic development incentives could be up to $72,200. CRA PLAN, P OR PROJECT: Heart of Boynton Community Redevelopment Plan /Strategic Plan Action Item 5.12 ECOENDATIONSIOPTIONS: Approve the attached Purchase and Development Agreement. Vivian t_. rooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslFeb 20141Boos Purchase & Development Agree.doc PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement ") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLER ") and BOOS DEVELOPMENT GROUP, INC. (hereinafter "PURCHASER "). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: I. PURCHASE AND SALE/PROPERTY SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of three parcels located in Palm Beach County, Florida (the "Property ") and more particularly described as follows: See Attached Exhibit "A ". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree that SELLER is conveying the Property to PURCHASER for the construction of an 8,100 square foot Family Dollar retail store. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSIT. Not applicable. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date ") shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close no sooner than the issuance of the construction permit for the Family Dollar store (the "Closing "), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions "): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of -way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. INVESTIGATION OF THE PROPERTY. During the term of this Agreement ( "Feasibility Period "), PURCHASER, and PURCHASER'S agents, employees, designees, PURCHASE AGREEMENT Page 2 of 12 Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents "), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the h;ifective Date, PURCHASER shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company "), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. SELLER shall examine the Title Commitment and deliver written notice to PURCHASER no later than twenty (20) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections "). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period "). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the PURCHASE AGREEMENT Page 3 of 12 Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ( "Title Update ") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey ") of the Property, indicating the number of acres comprising the Property to the nearest 11100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing ") are either fulfilled or waived by PURCHASER in writing: 8.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2 Condition of Property, The Property shall be cleared of all structures and pavement prior to closing. 8.3 Pending Proceedings. At Closing, there shatt be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed ") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, PURCHASE AGREEMENT Page 4 of 12 encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also. furnish to PURCHASER a non - foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRO RATIONS, CLOSING COSTS AND CLOSING PROCEDURES 10.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent designated by SELLER, the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. PURCHASE AGREEMENT Page 5 of 12 10.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS COVENANTS AND WARRANTIES. 11.1 Seller's Representations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 Purchaser's Default. In the event that this transaction tails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. 12.2 Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither Party shall have any further rights hereunder. 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non - defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably PURCHASE AGREEMENT Page 6 of 12 withheld. If the default has not been cured within the aforesaid period, the non - defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Vivian L. Brooks 710 N. Federal Highway 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 If to Buyer: Henry Dirksen Boos Development Group, Inc. 5789 NW 151S St., Unit B Miami Lakes, FL 33014 14. BINDING OBLIGATION /ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. 15. RISK OF LOSS In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or PURHCASER may accept the Property without any reduction in the value of the Property. 16, BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its PURCHASE AGREEMENT Page 7 of 12 sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing an 8,100 square foot Family Dollar retail store. 18.1 Seller Desian Approval. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. 18.2 Economic Development Incentives. The SELLER agrees to provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency economic development incentives to induce the development of the Family Dollar Store: a. Commercial Fagade Grant in the amount of $15,000 b. Commercial Construction Project Incentive Program reimbursement of 3.3% permit fee dependent on actual project cost, not to exceed $66,000. C. Interior Build -Out Grant - $22,500 d. Rent Reimbursement Grant - $7,200, if applicable. PURCHASER agrees to apply for and fill out all CRA program forms applicable to each economic development program. 18.3 Development Timeline. The following events must be documented in writing and provided to the SELLER upon completion of each. Time is calculated from the Effective Date. a. Completion of construction documents within four (4) months (stamped plans shall be submitted to SELLER) of Effective Date. b. Construction permit to be issued within five (5) months (Copy of permit to be provided to SELLER). C. Groundbreaking ceremony to be coordinated with SELLER'S Marketing and Events Manager within six (6) months. PURCHASE AGREEMENT Page 8 of 12 d. Commencement of construction within eight (8) months (photographs of site and /or written description of progress to be provided to SELLER). C. Certificate of Completion to be provided within twelve (12) months. 18.4 Reverter /Termination of this Agreement. If the timeline outlined in Section 18.4 above is not strictly met, and PURCHASER has not provided SELLER with a written notification as to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 19. MISCELLANEOUS. 19.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 19.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. PURCHASE AGREEMENT Page 9 of 12 19.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 19.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5 Severability. if any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER 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. 19.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 19.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property. PURCHASE AGREEMENT Page 10 of 12 19.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 19.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the PURCHASER shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; b. Provide the public with access to such public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER. e. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. PURCHASE AGREEMENT Page I I of 12 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. SELLER BUYER BOOS DEVELOPMENT BOYNTON BEACH COMMUNITY GROUP, INC. REDEVELOMENT AGENCY By: m, By: Print Name: Print Name: Jerry Taylor Title: Title: Chair Date: Date: Witnesses: Witnesses: Approved as to form and legal sufficiency: ....... ............................... --_------..._..........................................................................................................--- CRA Attorney Exhibit "A" Legal Description 1. PCN: 08- 43- 45- 21 -10- 005 -0010 — PALM BEACH COUNTRY CLUB ESTATES Lot 1, Less W 25 ft. & Triangular Part North Seacrest Blvd. Right -of -Way & Lot 2, Block 5 2. PCN: 08- 43- 45- 21 -10- 004 -0010 — PALM BEACH COUNTRY CLUB ESTATES LOT 1 Less W 25 ft. & 20 ft. return curve area road right -of -way and Lot 2, Block 4 v N'T N 1�1 B 7'E"C A -H,,,,,CRA CRA BOA" MEETING OF* , Feb ruary , 2014 Consent Agenda O ld Business New Business L egal I X I Inf ormation Only SUBJECT: New Bu siness e s in the CRA Di str i ct SUMMARY The CRA district welcomes 4 new businesses to the area. Staff will reach out to the new businesses and introduce the grant incentive programs and marketing efforts. 1. Access Accounting and Payroll- 1210 S Federal Hwy. 2. Admiral Water Taxi- 700 Casa Loma Blvd. 3. C &T Breakfast & Lunch ( East Ocean Cafe )- 412 E Ocean Ave. 4. Ocean Ridge Chiropractic Inc.- 639 E Ocean Ave. FISCAL IMPACT: NIA CRA PLAN, PROGRAM OR PRO JEC T : Business Development Program RE COMMEND ATIONS : Information only _... ............ _. ____ _... T cy Smit o ey Marketing Business Developme t F� t F BOYN'ToN"' P�t 4f �e { ` t � { ry Ft)� r . BEACH Its C RA CRA BOA" MEETING 0F*6 Februar 11, 2014 Consent Agenda ( Old Business New - Business Legal I X ( Information Only Development Projects Update 500 Ocean (SE Corner of Ocean /Federal) — LeCesse Development submitted their site plan to the City on Wednesday, January 8"'. CRA staff completed its review of the project plans and submitted comments to City staff. City and CRA staff met with members of the LeCesse Development Team on Monday, February 3 to discuss the City's site plan review comments and to provide LeCesse with direction on resolving development and construction issues. Family Dollar (MLKISeacrest — Boos Development submitted their completed proposal to staff and was presented to the CRA Board at their January 14 meeting. The Board selected Boos Development as the developer and directed CRA staff to bring a Development Agreement for the construction of a Family Dollar store for their review at the February 11 meeting. National Full Service Grocery Store — A national chain is looking for a 2 acre site in HOB. Senior Living Facility — A developer is looking for a 3 acre site for a full - service senior living facility along Federal Highway. One Boynton — CRA staff met with Bonnie Miskel and Davis Camalier to create a marketing campaign and an incentive package for the site. Limited is Hotel — Meeting with a developer looking for a site for a limited service national chain hotel. FISCAL IMPACT: TBD CRA PLAN, PROGRAM OR PROJECT Federal Highway Community Redevelopment Plan and the Heart of Boynton Community Redevelopment Plan, Downtown Vision and Master Plan RECOMMENDATIONS OPTIONS: Information Only. Vivian L. Brooks Executive Director T:IAGE=NDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by MeetinglFY 2013 - 2014 Board MeetingslFeb 20141E]evelopment Project Update.doc • • Ameritech Homes Inc. Proposal /Estimate 265 S State Road 415 Date Estimate # New Smyrna Beach, FL 32168 2/10/2014 1459 Phone # 386 - 427 -7899 Fax # 386- 427 -8911 Name / Address City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, FL 33425 Terms Project Address 125 E Ocean Ave Due upon comple... Qty Description Cost Total 1 Demolish and remove school building including machinery, materials and 164,500.00 164,500.00 labor. 1 Allowance for removal and disposal of non friable asbestos material 10,000.00 10,000.00 No septic system abandonment, fencing, grading, fill dirt, sod, etc. included or anything not expressly mentioned above. Additional requirements will have to be discussed and agreed upon under another agreement. • We look forward to your Total $174,500.00 business. This agreement contains the entire agreement of the parties, and there are no other promices or conditions in any other agreement whether oral or written concerning the subject matter hereunder. This agreement supersedes any prior written or oral agreements between the parties. Signature, Printed Name and Date 4 p1. s R U B MIAMI ?lomc *� WRECKING CO. February 10, 2014 City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Attn: Andrew Mack Development/Engineering 561- 742 -6366 561- 742 -6357 (Fax) Email: MackA@bbfl.us BUDGET DEMOLITION PROPOSAL MWC #14 -042 Old Boynton Beach High School 125 East Ocean Avenue Boynton Beach, FL 33435 SCOPE OF WORK Ref Boundary Survey; Asbestos Survey by EE&G dated 1/13/2004 Miami Wrecking Co. proposes to furnish the necessary tools, labor and equipment for the demolition at the above referenced location. Work shall include: • Demolish building in its entirety • Remove slab and foundations • Remove adjacent sidewalks • Haul away and properly dispose of debris • Rough grade City will pay for permits, cut and cap utilities, clean grease trap, if applicable, provide and place sod BUDGET PRICE PROPOSED $133,595.00 Asbestos Abatement: Survey by EE &G dated 1/13/2004 • 18,774 SF of roofing .$42,000.00 • Survey does not give quantity of floor tile & mastic Unit Price $1.65 per SF Sincerely, Kenneth Chaiken Project Estimator 4540 NW 0TM TERRACE • OAKLAND PARK, FL 33309 •954 -492 -2121 • FAK 954 -492 -2126 7:. PURCHASE AND LEVELGPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement ") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLER ") and BOOS DEVELOPMENT GROUP, INC. (hereinafter "PURCHASER "). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Property which consists of three parcels located in Palm Beach County, Florida (the "Property ") and more particularly described as follows: S ee Attached Exhibit "A". ". 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The parties agree that SELLER is conveying the Property to PURCHASER for the construction of an 8,100 square foot Family Dollar retail store. SELLER has complied with Section 163.380, Florida - Statutes, in proceeding with the sale of the Property to PURCHASER. A 3. DEPOSIT. Not applicable. _ . - -{ Field Code Changed 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date ") shall be the date when the last one of the SELLER and PURCHASER has signed the Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close no sooner than the issuance of the construction permit for the Family Dollar store and no later than the thirtieth (30 day following the issuance of such construction permit (the "Closing "), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions "): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -of -way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. INVESTIGATION OF THE PROPERTY. During the term of this Agreement 00299076 -1 • 1 PURCHASE AGREEMENT Page 2 of 13 ( "Feasibility Period "), PURCHASER, and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents "), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities regarding the Property and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this contract. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property. PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following documents and instruments within five (5) days of the Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, if any. 7.2 Title Review. Within ten (10) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company "), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. SELLER shall examine the Title Commitment and deliver written notice to PURCHASER no later than twenty (20) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections "). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period "). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the 00299076 -1 PURCHASE AGREEMENT Page 3 of 13 Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ( "Title Update ") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURHCASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a current boundary survey (the "Survey ") of the Property, indicating the number of acres comprising the Property to the nearest 1 /100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations, the same shall constitute a title defect and shall be governed by the provisions of Section 7.2 concerning title objections. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing ") are either fulfilled or. waived by PURCHASER in writing: 8.1 Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2 Condition of Property. The Property shall be cleared of all structures and pavement prior to closing. 8.3 Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing, and accepted by PURCHASER. 8.4 Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits, and authorizations as of the date of Closing. 9. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1 Deed. A Warranty Deed (the "Deed ") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, 00299076.1 PURCHASE AGREEMENT Page 4 of 13 encumbrances and other conditions of title other than the Permitted Exceptions. 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non - foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured Title Objection. 9.3 Closing Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5 Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 10.1 Prorations. Taxes for the Property shall be prorated through the day before Closing. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. If Closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill. 10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and all general closing expenses (settlement fee, courier fees, overnight packages, etc.). 10.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agcnt designated by SELLERTit1e Company, the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.4 Existing Mortgages and Other Liens. At Closing, SELLER. shall obtain, 00299076 -1 PURCHASE AGREEMENT Page 5 of 13 or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS, COVENANTS AND WARRANTIES. 11.1 Seller's Representations and Warranties. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 11.2 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.3 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 12. DEFAULT. 12.1 Purchaser's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement, except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. 12.2 Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither Party shall have any further rights hereunder., or (2) specifically enforce SELLER' s obligations hereunder. 12.3 Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non - defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) Business Days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably 00299076 -1 PURCHASE AGREEMENT Page 6 of 13 withheld. If the default has not been cured within the aforesaid period, the non - defaulting Party may exercise the remedies described above. 12.4 Survival. The provisions of this Section 12 shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Vivian L. Brooks 710 N. Federal Highway 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 If to Buyer: Boos Development Group, Inc. 2651 McCormick Drive Clearwater, FL 33759 Attn.: Robert D. Boos and Robert B. Boos With a copy to: ` Henry Dirksen Boos Development Group, Inc. 5789 NW 151 St., Unit B Miami Lakes, FL 33014 With a copy to: Bryan J. Stanley, Esq. Bryan J. Stanley, P.A. 209 Turner Street Clearwater, FL 33756 14. BINDING OBLIGATION /ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. 15. RISK OF LOSS. In the event the condition of the Property, or any part thereof, is materially altered by an act of God or other natural force beyond the control of SELLER, PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall have no further obligations under this agreement, or PURHCASER may accept the Property 00299076 -1 • PURCHASE AGREEMENT Page 7 of 13 without any reduction in the value of the Property. 16. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemnify, defend and hold harmless the other Party from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its sovereign immunity rights. The provisions of this Section shall survive Closing or termination of this Agreement. 17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 18. DEVELOPMENT AND SALE OF THE PROPERTY. SELLER and PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing an 8,100 square foot Family Dollar retail store. 18.1 Seller Design Approval. The PURCHASER agrees that the SELLER shall have the right to approve of the design of the building and site as a condition of this PURCHASE AND SALE AGREEMENT. PURCHASER shall submit plans to the SELLER for review. SELLER' s approval of such items shall not be unreasonably withheld, conditioned or delayed. PURCHASER shall submit such items to SELLER for approval within thirty (30) days following the later of (i) PURCHASER's receipt of its receipt of Family Dollar Real Estate Committee approval for the development of the Property as a Family Dollar store, and (ii) Seller's completion and acceptance of its initial due diligence inquiries, including review of the Title Commitment, Survey, a Phase I Environmental Audit, a feasibility study and inquiries with governmental authorities concerning the probability of obtaining the governmental approvals for the development and use of the Property for the purposes contemplated by this Agreement. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. 18.2 Economic Development Incentives. The SELLER agrees to provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency economic development incentives to induce the development of the Family Dollar Store: a. Commercial Facade Grant in the amount of $15,000 b. Commercial Construction Project Incentive Program — reimbursement of 3.3% permit fee dependent on actual project cost, not to exceed $66,000. c. Interior Build -Out Grant - $22,500 00299076 -1 PURCHASE AGREEMENT Page 8of13 d. Rent Reimbursement Grant - $7,200, if applicable. PURCHASER agrees to apply for and fill out all CRA program forms applicable to each economic 'development program. 18.3 Development Timeline. The following events must be documented in Effcctivc DatcSubject to the provisions of this Section 18.3 concerning SELLER's cooperation with PURCHASER's efforts to obtain the governmental permits and approvals for the development of the Property in accordance with this Agreement, PURCHASER shall utilize commercially reasonable efforts to comply with the timeline and periods set forth in this Section 18.3 below, and PURCHASER shall document each such occurrence in writing provided to the SELLER upon completion of each. a. Completion of construction documents within four (4) months (stamped-plans-shall-eight (8) weeks following PURCHASER'S receipt. of Site Plan Approval (described below) (Copy of Site Plan Approval to be submittedprovided to SELLER) of Effcctivc Dom). b. Construction permit to be issued • -' - - twenty (20) weeks following PURCHASER'S issuance of construction documents (Copy of permit to be provided to SELLER). c. Groundbreaking ceremony to be coordinated with SELLER'S Marketing and Events Manager within six (6) monthseight (8) weeks of PURCHASER'S receipt of construction permit. d. Commencement of construction within eight (8) monthsweeks of PURCHASER'S receipt of construction permit (photographs of site and /or written description of progress to be provided to SELLER). e. Certificate of Completion to be provided within twclvc (12six (6) months from commencement of construction. SELLER shall cooperate in all reasonable respects with PURCHASER's efforts to obtain the governmental permits and approvals for the development of the Property in accordance with this Agreement, which shall include without limitation, the prompt processingcxccution of such applications, authorizations and similar instruments as may be reasonably required from the governmental authorities from which such permits and approvals must be obtained. SELLER acknowledges that its cooperation with PURCHASER's efforts to obtain such governmental permits and approvals will be integral to PURCHASER'S ability to successfully comply with such timeline and time periods. In the event that, despite PURCHASER'S commercially reasonable efforts to comply with the timeline and periods set forth in this Section 18.3 above, PURCHASER is unable to comply with same, such timeline and time periods shall be extended for a reasonable period not to exceed six (6) months. 00299076 -1 PURCHASE AGREEMENT Page 9 of 13 18.4 Reverter /Termination of this Agreement. If the timeline outlined ins Formatted: Indent: Left: 0 ", First Section 18.4 above is not strictly met, and PURCHASER has not provided SELLER with a Tab stops: 1.69 °, Left + Not at 2" written notification as ' to the reason explaining that circumstances not under the control of PURCHASER have prevented PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the same, then the Property shall automatically revert back to the SELLER, this Agreement shall be terminated, and SELLER shall be released from any and all obligations under this Agreement. SELLER agrees to work reasonably with PURCHASER in working within the timeframes set forth above, but PURCHASER and SELLER agree that time is of the essence. 19. MISCELLANEOUS. 19.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of ,which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District Court of Florida. 19.2 Computation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or, legal holiday shall extend to 5:00 p.m. on the next full Business Day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 19.3 Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 19.4 Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. 00299076 -1 PURCHASE AGREEMENT Page 10 of 13 As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 19.5 Severability. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 19.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by CRA and SELLER shall control all printed provisions in conflict therewith. 19.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 19.8 Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 19.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and SELLER 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. 19.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 19.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER Property Deed and PURCHASER'S possession of the Property. 19.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 19.13 Public Records. SELLER is public agency subject to Chapter 119, Florida Statutes. ThcSELLER and PURCHASER shall comply with Florida's Public Records Law. Specifically, to the extent required by applicable law, SELLER and PURCHASER, as applicable, shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in order to perform the service; 00299076 -1 PURCHASE AGREEMENT Page 11 of 13 - b. Provide the public with access to such,public records on the same terms and conditions that the SELLER would provide the records and at a cost that does not exceed that provided in ehapterChapter 119, Fla. Stat., or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the SELLER in a format that is compatible with the information technology systems of the SELLER.. e. The failure of PURCHASERa party to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If °% "�Ra party fails to cure the default within seven (7) days' notice from the SELLERother party, the SELLERother party may terminate the Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER BOOS DEVELOPMENT BOYNTON BEACH COMMUNITY GROUP, INC. REDEVELOMENT AGENCY By: By: Print Name: Robert D. Boos Print Name: Jerry Taylor Title: Chairman & CEO Title: Chair Date: Date: Witnesses: Witnesses: 00299076-1 r PURCHASE AGREEMENT Page 12 • of 13 • . Approved as to form and legal sufficiency: • CRA Attorney • • I: \Client Documents\Boynton Beach CRA \2419 -011 \Misc\Purchase and Development Agreement for Parker Lots 11.30.06.doc • • • • • 00299076 -1 • Exhibit "A" Legal Description 1. PCN: 08- 43- 45- 21 -10- 004 -0010 — LOT. 1, LESS THE WEST 25 FEET AND LESS THAT PART OF SAID LOT 1 WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 20 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 25 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT 1 AND TANGENT TO THE SOUTH LINE OF SAID LOT 1, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2797, PAGE, 1502; AND ALL OF LOT 2, BLOCK 4, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 2. PCN: 08- 43- 45- 21 -10- 005 -0010 — LOTS 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 11, PAGE 43, SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA; ALSO DESCRIBED AS: COMMENCING AT AN IRON ROD AT THE SOUTHEAST CORNER OF LOT 2, IN BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, RUN NORTH 89 degrees 59'35" WEST ALONG THE SOUTHERLY LINES OF SAID LOT 2 AND OF LOT 1 IN SAID BLOCK 5 FOR A DISTANCE OF 10.0 FEET TO AN IRON ROD AT THE SOUTHWEST CORNER OF SAID LOT 1 AND A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF SEACREST BOULEVARD; THENCE RUN NORTH 1 degree 35'35" WEST ALONG THE EASTERLY RIGHT -OF -WAY LINE OF SEACREST BOULEVARD AND ALONG THE WESTERLY LINE OF SAID LOT 1 FOR A DISTANCE OF 120 FEET TO AN IRON ROD AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE RUN SOUTH 89 degrees 59'35" EAST ALONG THE NORTHERLY LINE OF SAID LOTS 1 AND 2 AND ALONG THE SOUTHERLY RIGHT -OF -WAY OF NORTHEAST 10 AVENUE FOR A DISTANCE OF 100 FEET TO AN IRON ROD AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE RUN SOUTH 1 degree 35'35" EAST ALONG THE EASTERLY LINE OF SAID LOT 2 FOR A DISTANCE OF 120 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THAT PARCEL OF LAND FOR ROAD RIGHT -OF -WAY PURPOSES IN SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: • ALL THAT PORTION OF LOT 1 AND 2, BLOCK 5, PALM BEACH COUNTRY CLUB ESTATES, AS RECORDED IN PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING WEST OF THE PROPOSED EASTERLY RIGHT -OF -WAY LINE AS SHOWN ON THE RIGHT -OF- WAY MAP OF SEACREST BOULEVARD AS RECORDED IN ROAD BOOK 5, PAGES 179 THROUGH 183, OF SAID PALM BEACH COUNTY RECORDS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND COVENANTS OF RECORD.