The URL can be used to link to this page

Agenda 06-12-18 BOYNTON cA BEACH Community Redevelopment Agency Board Meeting Tuesday, June 12, 2018 - 6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 REVISED AGENDA 1. Call to Order 2. Invocation 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Legal 6. 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 7. Announcements and Awards A. Movies in the Park B. Music on the Rocks 8. Information Only A. Marketing and Business Development Campaign B. Public Comment Log C. Public Relations Articles Associated with the BBCRA 9. Public Comments 10. Consent Agenda A. Financial Report Period Ending May 31, 2018 B. Finance Department Purchase Orders for amounts exceeding $10,000 for the month of May 2018 C. Approval of the Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for Funding Associated with the FDOT US1 Intersection Enhancement Project D. Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue E. Approval of Commercial Interior Build-Out Grant Program in the amount of $12,424 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue F. Approval of Commercial Facade Improvement Grant Program in the amount of $10,800 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue G. Approval of Commercial Construction Permit Grant Program in the amount of $1,150 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue H. Approval of Commercial Rent Reimbursement Grant Program in the amount of $15,000 for Grandma's Manufacture, LLC d/b/a Grandma's Treasures located at 1550 N. Federal Highway, Suite 1 I. Approval of Commercial Interior Build-Out Grant Program in the amount of $45,000 for Grandma's Manufacture, LLC d/b/a Grandma's Treasures located at 1550 N. Federal Highway, Suite 1 11. Pulled Consent Agenda Items 12. Public Hearing 13. Old Business A. Consideration of the Rental Agreement with the Boynton Woman's Club for FY 2018/19 Meeting Dates at the Historic Woman's Club of Boynton Beach B. Consideration of Boynton Village, LLC Compliance Audit C. Project Update 211 E. Ocean Avenue, a/k/a Magnuson House D. Consideration of Termination of Lease for Neighborhood Officer Policing Program Office Located at 404 E. Martin Luther King, Jr. Blvd. E. Consideration of Community Caring Center of Greater Boynton Beach Inc.'s Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program F. Consideration of Habitat for Humanity International (d/b/a Habitat for Humanity South Palm Beach County) Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program G. Consideration of an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor 14. New Business A. Consideration of Terms for Lease Agreements with the City of Boynton Beach and the Boynton Beach Congregational United Church of Christ, Inc. for the CRA Owned Property located at 115 N. Federal Highway for Temporary Use as the Public Library Annex B. Consideration of Roof Replacement Contract with Advanced Roofing, Inc. for the Historic Woman's Club of Boynton Beach C. Consideration of Additional Grant Funding for the Economic Development Grant Program D. Consideration and Discussion of Fiscal Year 2018/2019 Budget E. Consideration of Award and Contract for Responses to the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the CRA 15. CRA Advisory Board A. CRA Advisory Board Agenda - June 7, 2018 B. Approval of CRA Advisory Board Meeting Minutes - May 03, 2018 C. Pending Assignments 1. None D. Reports on Pending Assignments 1. None E. New Assignments 1. None 16. Future Agenda Items A. Consideration of an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District B. Boynton Beach Boulevard Streetscape Improvement Project Update C. Sara Sims Park Project Update D. Consideration and Discussion of the Letter Submitted by the Community Caring Center Boynton Beach, Inc. (CCC), for their property located at 145 NE 4th Ave, Boynton Beach, Florida 17. Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CRA.PLEASE CONTACT THE CRA,(561)737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.A. SUBJECT: Movies in the Park SUMMARY: JUNE MOVIE RECAP • The final Movies in the Park for the 2017-2018 event season was held on June 1st and featured the film Jumanji- Welcome to the Jungle. • Prior to the start of the movie, a video trailer was shown that featured four local CRA businesses: Shearology Salon, Imperial Maid Service, Miller Time Fishing Charter, and Two Georges. • Approximately attendance: 115 people • Thirty-Four (34) feedback surveys were collected, revealing the following information about event attendees: • Connection to Boynton Beach: ■ Resident- 55% ■ Work-4% ■ Leisure -26% ■ Visiting - 15% • Heard about the event via: ■ Print- 14% ■ Banner-2% ■ Flyer- 12% ■ Social Media -41% ■ Friend - 14% ■ Website - 12% • Age Range: ■ 30's -26% ■ 40's -34% ■ 50's -24% ■ 70's -3% • Sex: ■ Male - 13% ■ Female - 87% EVENT MARKETING Alco Capital Theaters - Staff created a Movies in the Park and Music on the Rocks screen advertisement that was aired before the movie on all eight theater screens as an opening to the movie from 10 A.M. until 9 P.M. Movies & Music ad will air May-June. $450.00. (Exhibit A) Social Media Campaign & Email Blasts-The CRA staff established a strong social media campaign on Facebook, Twitter, and I nstagram. The goal was to keep the community engaged and informed about the events in March. (Exhibit B) FISCAL IMPACT: FY 2017 —2018 Budget, Special Events Fund, Line Item 02-58500-480, $3,067 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D ExhibitA D Exhibit B l � ` - JUNE 1" 8:30 PM OVIES IN THE PARKon the R 0 C KS`` th JUNE 15 6.9 PII SSI Exhibit B Movies in the Park: Social media recap Performance for Your Post Boynton Beach CRA shared an eveni. U ay?�it 3:4 1 pni 0 956 Movies in the Park Juniata is Friday,June 1st1 Enjoy a FREE movie night with family and friendsl Arrive early to secure your seat and a FREE bag of 25 popcom,WovieInthePaTk 23, 23 0 2 2 0 0 0 0 19 Link r CN,J S NEGATIVE FEEDBACK 0 -H , 1 1 kr- "di Dr'—' FRI,JUI'A 0 R� W '-sp-ml; 0 Movies in the Park-Jumanji 129 E Oceap Ave,Boynton Beach FL 3,3435-45313 V IntevestEd- m'�','qmde;�61�1k�ci'fm!m"-'A om 11 'You like Boypton Beach CRA IL �56 peope reached v3ew Prr -1 C;onirnem;n 1-kip Taf,—qi�Nlhefisa anid 21 Performance for Your Post. Boynton Beach CRA PLiblrhed r.vAzivI Hussain , klay 23 at 4 5,apni � 393 p Come watch the nevdy released jurn@nji-Welcome to the Jung�p on Friday, June 1st on the BIG screenH 4LFje--l`Ao6e Learn more ovv ljyIK6 a R 30 k6 SR o 3 3 D o sI, On ;Ses; 0 0 0 0 a 0 9 4 a 5 L Wk -,l-, NEGATIVE FEEDBACK � Get Mole Likes,Comments and Shares 0 fi-'d' 0 Hid'P"'A Boost this post for 52D to reach up to 11,000 people. 9 Your videa it-q popular in I Ronnie 0')aslninr skv kV'Aef Richard'(2oo"s ard LUry Lou Borq=+d b Like C7 CoInnient stiare Performance for Four Post Boynton Beach CRA rdaqN,a�159pm 2,138 Don:t miss your chance to watch Jumarti-Weicome,to the Jungle on the BIG screen next FridayI This comedy stars Kevin Hart and Dwayne 79 Johnson,so expect to laugh your socks oifl First 100 bags of popcorn are FREEI#FrePMavk:- 54 42 12 as n 1 0 1- 0 Love 1 1 0 5 3 2 41 18 18 0 Cjn I 61 23 2 36 Plho.cl r C Pk P i NEGATIVE FEEDBACK Hh6n,Pe�,1; pon Bcwi-iton Beach CRA Lean MoFe 138 oeoe reached Performance for Your Post Boynton Beach CRA Publish-cl LI/_"7pM Flu _nn Mav27aI4311ani 0 312 Thl-Friday,June 1st dont miss Movies in the PRrk.-Junnanii.This comedy adventure es sure to make you laugh your socks off!#MovieshItbeP@rk 6 6 0 On ves F .),Cwneri- n °u-,.;t k..n"' 0 'v, Get More Likes,Comments and Shares Boost this post for$213 to reach up to 11,1300 people, 9 AL pealpip reached %clhpyk?Hrb��i Flo-hn,Viod 1hrhohs Bfll,and J,others I slhagry NEGAn'VE FEEDBACK 0 1, L i ke, connniew Share 0 0 Performance for Your Post Boynton Beach CRA ... Mav 23 at 2,52pn) v, 2,273 Friday night is FREE movie night M Boynton Beach!Enjoy tdovies in the Pat-K-Jui-nanji mth good company and a bag of popcorn 4110 ov iesi nth-,Park #Freeklovie 24 21 3 dir. 'n n n j."r's 1 1 0 '„Do I "N a 12 12 0 ZM 11 11 0 n ,k. 38 5 0 33 NEGATiVE FEEDBACK 0 Pos! G Aft 0 .0 r,, P=;a! 0 f o rq, 9 C W A ',-('3 ppor�e reached Performance for,Your Post Boynton Beach CRA lune 1 at 4 5opm �1 258 TONIGHT]Movies in the Park-Jurnanji starts at 8:30 PM,get there early to get a great.seat and a FREE bag of popcorn!"N'l oviesmnth 8 Park 2 #NlovieNigh! 1 0 1 Ukep On Pc�'-o On Lh-�vres 0 0 "xs� 1 0 2 0 0 2 A -113 reached NEGATIVE FEEDBACK t 'k i4"BOYN � � I I RA CRA BOARD MEETING OF: June 12, 2018 ANNOUNCEMENTS AND AWARDS AGENDAITEM: 7.B. SUBJECT: Music on the Rocks SUMMARY: MAY MUSIC RECAP • The May 18, 2018 Music on the Rocks event featured the band Completely Unchained, a Van Halen Tribute Band. • Due to expected rain, the event was moved from the Ocean Avenue Amphitheatre to the Historic Woman's Club of Boynton Beach. • There were approximately 325 people in attendance throughout the night. • Forty-One (41)feedback surveys were collected, revealing the following information about event attendees: • Connection to Boynton Beach: • Resident- 51% • Work- 14% • Leisure - 17% • Visiting -19% • Heard about the event via: • Print- 12% • Banner-10% • Flyer- 8% • Social Media - 34% • Friend -24% • Website - 8% • Other-5% • Age Range: • 30's -4% • 40's -24% • 50's -53% • 60's - 16% • 70's -2% • Sex: • Male -49% • Female - 51% JUNE MUSIC ANNOUNCEMENT The final Music on the Rocks event of the 2017 - 2018 special events season will be held on Friday, June 15, 2018. Event details are listed below: • The featured band will be Wonderama, a pop/rock band that covers popular top 40's hits. • This FREE event takes place at the Ocean Avenue Amphitheatre, from 6:00 P.M. to 9:00 P.M. • Food Truck Invasion will be onsite with a variety of food options. • Cocktails and beer will be available for purchase from the mobile bar service. • Free parking is available onsite. EVENT MARKETING Alco Capital Theaters - Staff created a Movies in the Park and Music on the Rocks screen advertisement that was aired before the movie on all 8 theater screens as an opening to the movie from 10 am until 9 pm. Movies & Music ad will air May-June. $450.00 (Exhibit A) Atlantic Current Magazine The Atlantic Current Magazine editorial highlighted the Completely Unchained event. They have roughly 28,250 readers and 10,000 magazines distributed to over 100 locations across Palm Beach County and Broward County. Their magazine is released bi-monthly. Free (Exhibit B) Social Media Campaign & Email Blasts - The CRA staff established a strong social media campaign on Facebook, Twitter and I nstagram. The goal was to keep the community engaged and informed about the events in May. (Exhibit C) FISCAL IMPACT: FY 2017 —2018 Budget, Project Fund, Line Item 02-58500-480, $3,605 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D ExhibitA-B D Exhibit C Exhibit A&%o Theater � « �»a` : | | � »J )\6 .<, . . Exhibit 13- The Atlantic Current 9 � . . . + p } - . . .. . / � ƒ % \ \ 2 . s \ / § � / - \ G a cn e . d � r. + � � y • t t# �.. � • �.. �. �, » +w. « e • i. .M ' * ,... w � w � � * * * ra� R � � ♦ � i '° ,tis l}�f 1� Q0., �'� +.-• � �� ir�� is 1� � � � �,. � � � E �� u,� , tea;} � �� t� � �� t i �' k �` i9 � �� ,r s� �' �, � � r 3}�!� t .�*a �7r, w R • � ��i�� 1"ntn,nt i tit? � � ! ��t� f�i �Z'ff,, ��r ' � � k f it '� � "" �� ail } � �� w � � r�t�� a � ��,' ,� �tN�s ;��`" ,yr � �� • ` y * � • • � � s.� w • t' � � • �� `+s, • � �t � � • 1 � .�fi 4 1 � f a F } • � 4 � �,.� �. • � � 1 � M co "C3 G7 O C? O co CD Ocu C N O " {r ro @ Cj} ; `C C7 CD CIDSU CC! O 0 O 0 O n Cll CD 93 @ m Ll? 0 Q ;:1- O CO d� €i 0 x aO r -+, , Gll O 6LO - - r La O (D O O O CJ7tri O `�- {? v '"j{{� n tll Q} ...Y 0 - ,,s- =3 n C 3 3 CDm 91 CD h CD CD 0CD O §tht yr o z7 coCD t 3 (15 O CD ta ns O O. CD CFI < wry."'. � 11 �lt A5 c --a Cl O �tl( < O N O < 33 CD CD l p�`� ,? tit t iiuty fl3 - ffd '1�1A�1A t O C3" O C) O v `T7 Ch CD �2 CS: [) @ j � u , 110-111w�fIN l,t�l CD C5 WO O �tvR r ..a O fl0 <C7 L2. b co = CI) C2 (D 0) CD o < a v rn C3 CD (D l Exhibit C Music on the Rocks: Completely Unchained social media recap Performance for Your Post Boynton Beach CRA shared an event 'Llpli 17 -',oi 1,175 Come out May 18th to Misic on the Rocks-Competely Unchained!This, Van Halen tribute band W11 rock pursocks off!#VsParly 4RocknRoll 22 18 0 1 1 0 3 3 0 0 0 0 snaw- 33 Pr 0 0 33 F R I VAA '18 IAIK(AC:k: Music on the Rocks-Completely Unchained 1010 S Federal Hwy,Boynton Beach, FL 33135- NFGATIVE FEFDRACK 0!k&-"I'-'r-"'j 0 i hd,�AH Pc, You tike Boynton Beach CRA 0 0 'JnYke AL !,17�-,,PoMereached 00 1� 2'Co rrn-'e n S Big Like Comment Post Details R'p,r",I,",tv- , ,Ov, Performance for Your Post Boynton Beach CRA sharr,-d an evert ... lay 7,9tI0ljan) 0 Get ready to ROCK OUT in Boynton Beach to the ultimate Van Halen Tribule Bandl#h1usicortheRock's features e_Unchained on May 18th, 18 & FreeCor -ceit�Lovel`L 7BBCRA 16 16 0 On P"Ni 2 2 0 Jlfk IIc"I ("In 0 0 0 CS _)n sI $ P 0 0 0 NEGATIVP FEEDBACK 0 Hfule P-r--A 0 1 fid�-All i FRI,�,IAY 18 e p f) a s, 1� Music on the Rocks-Completely Unchained 0-v interested 1010 S Federal Hwy,Boynton Beach,FL 33435-, You like,Boynton Beach CRA, A rJ34 r,&.c.ple reached View Promotion I-ElUrUn NicGep Rur Farcor".1 and 141 ofl-Ers 2 C-onin,"Nits I Like Comment PerFormance for,Your Post Boynton Beach CRA M�,,y 11 a�41 OOpm 6,070 `Dance the Mont Away`to the ultimate Van Helen Tribute Band at MUMC on the Rocks-Cornpletely Unchained! 254 &Ts music+Mends+Food Truck Invasion cocktails=good fiTnes! 150 110 40 --ROCK#FR.EE if) 9 1 0 i. ? C. k-M Su!�,,fe� I , 0 1 36 17 19 j LY U 57 57 0 327 123 3 191 NEGATIVE FEEDBACK 'Vol 11,1RIN 0 P BACK JL '5.'L-J7F)pe,,c(r,Ge,reached ------------ Boosted on May 11' Aurin ence Rfnfile 1-Music on the Rocks- ,Ajew Resultq Like C Comment Share Perforniance for Your Post Boynian Beach CRA shred an evern May 12 A 12,30pm 0 495 FE�aoi-�-j Love 90's music?Don't miss Cornp�etcly Unchained next Friday night at 6 PIA at the Boynton Beadi Arnphithe@tre.This Van Halen Tribute Band is 2 rgn shar ready to ROCKI More info o,,%,,lybta G 1 301V 3;X 1 0 I 1 0 0 0 0 4 0 0 4 NEGA71 IVE FEEDEACK I H.Ci 0 0 llnf41, �--e FRi,NqA`I',,, Music on the Rocks-Comptetely Unchained 7 S Fedpral Hvvy,Boynton BeaCh,FL 33435- You like Boynton Bear_i CRA -49c,peot.Ie reached Like Comment Performance for Your Post Boynton Beach CRA MaV ,Sat 3 41 pm 0 4,869 CHANGE.OF LOCATIONII The highly anticipated,MLI,3!c,3ii'lieRocks. featuring Completphi Unchaine has been moved to the Historic VIonians 191 Fel-i, Club of Boynton Beach(1010 S.FaderA Hwy.)!This FREE rock concert will feature Uve musac,food.and drinks. 108 85 23 2 2 0 2 1 1 Y 2 2 0 35 15 20 Y Citi,r 42 38 4 On 243 65 0 178 1 7 NEGATIVE.FEEDBACK ir" Wr� Boonton Beach CRA Learn More IL 4,869 psoe reached Boosted on M@V 15 Audlence:United Steres:Firrida. 65,People Resuhs Coi.,,-�nients 3,8 Sha,e,, Y") Uke 0 COnUnent �> Share - 11 Perforniance,for Your Past Boynton Beach CRA, Id ay �6 a t 3,0 2 r m 234 Get ready to ROCK at PlLjslc on the Rocks-Campletely Unchained this Friday at 6PIMI We changed the event site to the Hiistork Woman's ClUb of 5 Boynton Beach(l a I D S.Federat Hwy)so everyone can stay dry and have furl 5 5 0 a 0 0 0 0 0 ,„+a !Dn"Pe"'A cin SKar, 2 �"J Vii' 0 2 't I ink C 4dr,s o NEGA71VF FEEDBACK 0i t 0 j F0, P rw AL 22-114-peoVe reached S'lklsiar,IDyef S"h,",deastanedz and 3 �) Like Q comment r,,> Share Performance for Your Post Boynton Beach CRA PJay 17 M 2 45.pm 0 217 rt-a�,.,p Ci, Indoor event. .don't worry about the rainil Tomorrow Night Fnday,May 18 Music on the Rocks Boynton Beach 6-9 pm 0 Van Helen Tribute,Band-Cornpl&tely Unchained 1 a 1D S Federal Hwy.Boynton Beach Hilstoric Wornan's Club— 0 0 0 0 0 0 0 0 0 C`n 0o"A On shral 6 0 1 5 NEGATIVE FEEDBACK p 1 1 r 0 0 F,upur! S!.),11 0 Uclii " Pz--jE T H E,47 LAN71 C CU R RE HT 01A wi Boynton Beach Music On The Rocks Lets Rork ffie Nluis on the Rocks By Darien Da-Aps Let5s face IL JL 17 leo;:"e.raa died Performance,for Your Post Boynton Beach CRA M,ae 17 at i 3EPM 1y0 Who wore it best?Don't miss the ultimate Van Halen Tribute Band at PAILISk on the Rocks-ConnplOeFy Unchained toarrowat SPM,#Rock, 16 #Boynion6aach 9 3 6 5 1 4 C oon w "l 3 i 'P>>I S I 2 2 0 4„f ,.3i jn 3 9 5 0 34 1 rigs Li M; AL f30 reached NEGATIVE FEEDBACK 0 2 Shares Nib 1-the F,—j comment (b Share -n/b,a M 1'rlr a-Fii; je,t�� Perforrinante for Your Post Boynton Beach CRA I'a" — Nlay .8,M321pm N" 313 Tonight s Music on the Rfcks-Con-ple'lely Unchained will feature an awesome burrito b@FfFOM Boss Tacos!Come hungry,leave happy! 13 4 '-MusironthpRocks 41-it-11 heBiz-,'%JanH alen-`BBCRA 11 2 2 0 ,xvi n e 11 C n P`o^,t &0 AP 0 8 2 0 6 i i "- IL �,eopie reached n! +u NEGATIVE FEEDBACK c,p M,a i o r q n a 8 e 1,B" -�i, 7,r,,,- d 0 -a Y�;:,rid ather, Ccmm-l"Fl ii 0 R' Liffe Comment Share 1cpc'Oe aa, fom e puil" Performance for Your Post Boynton Beach CRA May 18 at 5:13pm 0 530 Con-,,plesely Unchainad getting set up for tonIght's show at 6PMI Dan't miss, your favorite hits from Van Halenl1,010 S.Federal HWY in Boynton Beachl 14 #SO'S#MLISicorithp-Rock- 9 9 0 5 2 3 V On SH I 0 0 0 21 4 0 17 Link cy�6-' NEGATIVE FEEDBACK srP 0 0 AH P 0'2,_apor"' 7-77 e i er reached J y C x i J o t,',R,i 19 Y and 7 d,h e 2,CornnicMs ,Y - 'j Like F,) CN-nment Share Perf orm a nce for Your Post Boymon Beach CRA,&,as live—wiffi Completely Unchairied. P,blishedlweAzimHussairiN' 1 , I'" 0 1,330 1 Completely Unchained live at—"Twlusiconflhp-Rocksl 540 V:a V: 50 29 28 1 0 Floc„ n 4 4 a 0 !'�rl PoM N 1,1 hid4;-3 10 10 0 Get More Likes,Comments and Shares 6 5 1 Boost this post for$213 to,reach up to 11.000 people. :0 Flos„ ("n 9 Your videg is popular in F irw,4a 254 Io, .... 56 0 198 33 TO Comnls Sharps, '-la% 0 ljr*� Lik, comment Share REGATWE FEEDBACK 0 9I I dN 0r 0 1 Create Post wiul,Video Edit Post Performance for Your Post Boynton Beach CRA ... Publisbpl rat AT,m Hussaiii May I Sq m q-:05ain 0 5,622r iy•'F: Huge thanks to,Completely Unchained for putting on such a good show at OVUSiCO]IffirRocks last nights They really were the ultimate Van Haien 2,661 tribute band.The Historic Wb mans Ciub of Boynton Beach turned out to be a great venue for a ROCK concert! 220 43 177' a,r'D 16 4 12 i3 t 1 0 1 ai 2 0 2 On 66 16 50 35 33 2 Get More Likes,Comments and Shares Boost this posi,for 520 lo reach up to 11,000 people, 854,- 2rpor;p reached 160 0 694 00 JIE til(,o'n m4n rifn, 2 3 S 1 i a r E.s NEGA71VE FEEDEACK Like C,—,j Comment 1 1 fl'.f�e .,;.,t 0 0 R� 7 51-' "" 0 Faq'� Pql-� ="f .1 rE' ",I, a ss Music on the Rocks: Wonderama Performance for Your Post Boynton Beach CRA 25-,t 7,134pm, vll 1 m953 a c Mark your calendars now for the next Music on tine Rocks-Wor pm d-raal Come,enjoy a night of free music,Food Truck Innasion,and cocktails.. get 85 your weekend started.Nght!#Mus ico nthe Rocks#Tou-'Os 63 61 2 3 3 0 On 19 13 1 71 30 7 34 Phot'�' NEGATIVE FEEDEACK 0 Po)� 0 it K Bovi'iton Beach CRA Learn More oeoe reached Boosted on May 25 Aud"ence EldedV Derfl o Crndv Ch6s,Rnbcr.s amd 5o nsbefs Coringin" 11u--hares Performance for Your Post Boynton Beach CRA shared an even j June I a13 Dapm '-,A 1041 Come ROCK Downtown Boynton Beach at our lest;Musiconth Roc4 s event of,the season] 10 c,-jII S' x Wonde.ama Band Food Truck Invasion 13 0 Full,bar TG IFd L,' isIIShov� 0 0 0 WIN 0 0 0 Cn "S" s us� 0 6 21 NEGATIVE FEEDDACK Fla,- FTS I J U11 15 24:7 6 PM rA Fjrr a"""mxl Music on the Rocks-Wonderama Bowiton l3pach CRA Boynton Bea&I You like Boynion Beadi CFA i 041 i pecxwe reached D�View Pmnriafion Lindsav YlNeLinda F.,ayallcx an,�A oflI Loke �l Comment Sharp Performance for Your Post Boynton Beach CRA nearer)an even'; 1 14 1 E,C Afonderama Band 15 heading to Boynton Beach) Don t miss our last Music on the Rocks concert of the season]—IMUslconl:hp-Rocks#T6p4US 0 0, 0 0 0 0 G 0 0 po", 0 0 1 Link, NEGATIVE FEEDBACK FRI, JUN .5 AT"6 PM 0 Hkde 0 i de All Music on the Rocks-Wonderarna 0 0 Boynton Beach CRA Bovnton Beach Interested You like Boonton Beach CRA IL 141 o,-r reached ......— View Prom don t 'k [O NI i4"` 4�� r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 INFORMATION ONLY AGENDAITEM: 8.A. SUBJECT: Marketing and Business Development Campaign SUMMARY: Movies in the Park Video Ad Campaign - CRA Staff created the Movies in the Park Video Ad Campaign to promote local businesses to the community as part of an economic development initiative to encourage growth and development in downtown Boynton Beach. Each month from October-June, the Movies in the Park video ad campaign showcases five CRA district businesses, each one in a two-minute video that runs as an introduction to the movie and finishes with a gift certificate drawing from the featured businesses. The June 2018 Movies in the Park video featured Miller Time, Shearology, Imperial Maid Service and 2 Georges. Four videos - $1,600.00 (Exhibit A) Neighborhood News - Working with Neighborhood News to reach out to the western Boynton communities, this marketing strategy will continue to promote downtown Boynton Beach. This publication is mailed to 17,500 homes/clubhouses, with over 10,000 additional subscribers that read the digital edition online and on Facebook. The June double-page ad featured the Boynton Harbor Marina for Father's Day with a listing of the marina merchants. $1,230.00 (Exhibit B) Delray Beach Newspaper - The June issue of the Delray Newspaper featured a full-page color Father's Day ad highlighting the Boynton Harbor Marina merchants. This publication reaches over 15,000 direct online readers, a circulation of 12,000 papers distributed to 250 locations in Palm Beach County and a copy mailed directly to over 2,000 homes. $975.00 (Exhibit C) Gateway Gazette - As part of the ongoing marketing efforts to showcase Boynton Beach as a destination, the CRA staff allocated funds in the budget for an ad in the Gateway Gazette (formally known as the Boynton Forum) serving Boynton Beach, Lantana, Hypoluxo, Atlantis, South Palm Beach, Manalapan, Ocean Ridge, and Briny Breezes. The Gateway Gazette is featured in Wednesday's and Sunday's Sun-Sentinel issues. The ad was also available online at www.sunsentinel.com/community/gateway-gazette/. Every month the ad has a different theme to support the overall mission to promote downtown Boynton Beach. The June double-page ad featured a Father's Day ad with a listing of the marina merchants. $858.00 (Exhibit D) Coastal Angler - A quarter-page ad in the Coastal Angler Magazine featured Boynton Beach Enjoy the Coastal Life, highlighting boat rentals at the Boynton Harbor Marina. Coastal Angler Magazine is a source for anglers, boaters, and conservationists and is the second largest free outdoor publication in the nation with 40,000 circulation per month in Palm Beach, Broward, Dade, and Monroe counties. $445.00 (Exhibit E) Marina Life -A quarter-page ad in the Marina Life Magazine featured Boynton Beach Enjoy the Coastal Life, displaying the Jet Ski rentals at the Boynton Harbor Marina. This campaign consists of four different quarter page ads in the Marina Life Magazine: winter, spring, summer, and fall issues. The campaign also includes newsletter promotions, banner advertising placement on the Marina Life website, social media promotion, and email alert promotions. This publication connects boaters with marinas. www.MarinaLife.com $2,399.88 annual contract (Exhibit F). Social Media Campaign & Newsletter Email Blasts -The CRA staff established a strong social media campaign for business development on Facebook, Twitter, and Instagram. The goal is to keep the community engaged and informed about businesses in the CRA district #HitTheBiz. Additionally, the social media activities coincides with the global support and promotion of Small Business Week from April 29th through May 6th. The CRA staff designed a personalized newsletter with the tagline Redevelopment Works as part of the marketing efforts to get the word out about the activities and important information regarding the CRA district. The newsletter is emailed to the CRA's iContact list of 1,612 emails on a quarterly basis. The newsletter is posted on the CRA website www.CatchBoynton.com and a link is shared on the CRA social media sites. (Exhibit G) Florida Festivals & Events 2018-2019 Membership Directory & Buyer's Guide -Two Boynton Beach CRA photos were displayed in the FFEA guide, a Pirate Fest photo on page 14 and a Blarney Bash photo on page 20. This guide is mailed to FFEA members. Free (Exhibit H). Award Submissions -Staff has prepared and submitted the award submissions for the following: International Festivals & Events Pinnacle Awards and Florida Festival & Events SunSational Awards. Special events marketing - Pirate Fest & Mermaid Splash, Holiday, Holiday Boat Parade, Blarney Bash, Boynton Beach MLK Celebration of Unity, Movies in the Park, and Music on the Rocks. International Festivals & Events - 46 submissions $1,610 Florida Festival & Events -29 submissions $725. FISCAL IMPACT: FY2017-2018 Budget, Project Fund line Item 02-58400-445 -$3,445.00 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Exhibit B-F D Exhibit G Social Media & Newsletter D Exhibit H Exhibit B - Neighborhood News ENJOY THE COASTAL LIFE IN BOYNTON BEACH FISHING CHARTERS SCUBA DIVING CHARTERS Chip's Ahoy Charter Loggerhead Enterprise 561436-1417 561-588-8686 r - - wwwchipsahoycharters.cam www.loggerhoadckarters.com - - Finest.Kind Splashdown Divers 954-629-0211 561-736-0712 wwwfinestkind.fish www.splashdowndlvers.com ' — Great Day5port Fishing Starfish Scuba 561l732.1980 561-212.2954 �t�T ter`'`'`nr �r `� www.greatdaysparthshingcom vrww.sta rf i s hscu ba.ce m t•taUnderwater Explorers Ham'r Tlme Sport Fishing Charters s 561-577-3326 wovev.a ;n 561-68 -1207 eharters.cam www.diveboyntonbeach.com ,�- „-r•;,,� 561-685-1207 MiilerTimeFishing Charters, DIVESHOPS r 561.732-3597 or 561.789-9376�+s« Baynton Dire Canter pu www.miOerCimeflshing.com561-732-8590 212 S.Federal Hwy. aA BAIT&TACKLE SHOPS Floride Nation Be It&Tackle Splashdown Divers PARI Dive Center *T 561-738-2246 561-736-0712 18 24 N.Fedeml Hwy 640 E.0coon Ave. s e r e 1 Boynton Fisherman's Supply BOAT _.:. AL_ $61.736-0568 BoyntonBaatAantats'�— s- 618 N.Federal Hwp tu � t 561-585-8721 if DRIFT FISHING www.irenthoat.com t'- 511 Soonest UI Drift Fishing Gulfstream,.BolkClub , +i •, >S - f; { 1'+� "'" . : 563-732-4974 961.865.799'P'm www.scamist3.com www.Gulfstreamboatclub.com INTRACOASTAL PLEASURE Intracoastal Jet SRI&Boat Rentals CRULSECHARTER 561.735-0612 Lim bo Charters w�=wavolumpers.com � L r i ttj Imracoastal Cruise t V6, 561-735-1433 BUT CLUB MEMBERSHIP li • M is SS t www.hmbochaMers.com Freedom Boat Club Members Only 561-303-2860 MET SKI RENTALS www.FreedomBoatCiub.com Intracoastal Jet Ski 561.735-0612 Gulfstream Boat Club-Members Only FOR SHIP STORE,FUEL AND DOCKING INFORMATION PLEASE CONTACT www.wavelumpers.com 561-565-7797 q 1Boynton Beach Jet5ki Rental vmvvGulfstreamBoatChbX0m .7 .7 ® ate ynt�a .CO 561588-3111 www-hentboat-oom Exhibit C — Delray News ENJOY THE COASTAL LIFE IN B YNT N BEACH I ��. �ry # 1' �£.Ititt',f. ftp Ifri, j� vt 11x l � � tt�1 :� • r y FISHING CHARTERS SCUBA DIVING CHARTERS BOAT RENTAL Chip's Ahoy Charter Loggerhead Enterprise Boynton Boat Rentals 561-436-1417 561-588-8686 561.585-8721 www.chlpsahoychaFlous.com www•loggerheadcharters.com wwmirenthoat.com Finest Kind Splashdown Divers Gulfstream Boat Club 954-629-0211 561-736-0712 581.865-7797 www.f rrestkind.fish wow.splash lowndivars.eom www.Gulfstreamboatclub.cem Great Day Sport Fishing Starfish Scuba Intracoastal Jet Ski&Boat Rentals 561-732-1980 561-212-2954 561-735-0612 www.greatdaysportfishing.Com vomwstarfishscuba.com www,wavejumpers.com HamUnderwater Explorers'r Time Sport Fishing Charters 561577-3326 JETSKI RENTALS wwrv.h5-1207eharters.wm www,tlivobeyntoubniolixmn Intracoastal Jet Ski ` 5s1-say-12D7 � Miller Time Fishing Charters DIVESHOPS 5617350012 www waJejm Tpers.cam 561-732-3597 or 561-789-9376 Boynton Dive Center Bo ntao Bea hJ'at Ski 6ental www.millertimefishing.com 561.732-8590 7 212 S.Federal Hwy. 561.588-3111 BAR&TACKLE SHOPS www.irentboat.com Florida Native gait&Tackle Splashdown Divers PARI Dire Center 561-738-2246 561.736-0712 BOAT CLUB MEMBERSHIP 1824 N.Federal Hwy 640 E.Ocean Ave. Fmedem Boat Club-Membars Only Boynton Flsherman'.s Supply 561.303.2880 561-736-0568 INTRACAWAL PLEASURE wwv.Fmed0MB92tClub.cem 618 N.Federal Hwy CRUISECHAIIITER Gulfstream Boal Club-Memhers Only DRIFTFISHING Intracoastal Crese 561.8657797 Seamist III Drift Fishing 561.735.1433 www-OulfstreareBaatChdreare 561.732.9974 www.limbaeharters.coul wvvw.seamist3.com Exhibit D- Gateway Gazette ENJOY THE COASTAL LIFE IN BOYNTON BEACH FISHING CHARTERS SCUBA DIVING CHARTERS -Tp ± Chip's Ahoy Charley Loggerhead Enterprise 561.436.1417 561-5888666 chlpsaboycharters.com www.loggarheodcharters.com Finest Kind Splashdown Di- 954.629-0211 561-7366712 �,, �Jt �, 4,' • maw.firrodkind.fish wvm.spiashdowndivers.com Starfish Scuba ' Great Day Sport Fishing 561.-7321480 561-212-2454 mavagreatdayspurtfishing.cbm -wma.starfishsauba.enm r m ev? r°a�,�� q ra«, wwwamrllmecharters.com Dndewter Exp loresHam'rncSportFhi.gharte1 -5h6573326 561-6851207 www.divehoyntnnbeach.cam .' Mille Thu.Fishing Charters DIVESHOPS r „ - 56t-7333597 or56t-789-9376 p. r99 vn. a' Boynton Dive Center r —uniliertlmefishing.com 561-732-8590 �$ . BAITBTACKLESHOPS 2125.Federel Hwy. Florida Native Balt&Tackle Splashdown Qivers PAQI Dive Canter 5817382248 561736-0712 iz 1824N FedcralBay 690E Ocean [to Man Fisherman's Supply rr 5647360568 BOATREJVTAL 618.Tl, N.1`00-1 Hwy Boynton Boat Rentall;561-585.8721 DRIFTFISHINB vrwra:irc tbaat.eum Seamist III Drift Fishing GUI[Alasom BdatClub r� 561.792.9974 56'1'�65779T"° - ,.f� :, wmrseamist3.eom w anittremnbe tclu4.com INRWCOASTAL PLEASURE Intracoastal let5ki A Beat Reatale " & CRUISECHAR1ER 561735-6612 Limbo Charters www wavelumpers.com S CA-7 hstal Cruise 5st�7W1433 BOAT CLUB MEMBERSHIP t ! }{" wwvi.limbscharters.com Fexdem Boat Club-Munit ees Only 55�J1--7Q3-2880 ti • B `` {II r;u U� a JETSKI RENTALS .Fruednm9oatClub.com Intracuastal let Ski 561.735-0612 Gulfstream Boat Club-Members Only FOR SNIP STORE,FUEL AND COCKING INFORMATION PLEASE CONTACT mvw.wavefumpers.com 561.865.7197 Boynton Beach let Ski Rental www.Gult5GeamBoatClub.cpm 561.735.7955 4 Catch Boynton.c(} 561.568.3111 wvm.irentbaat.eam Exhibit E- Coastal Angler - �� Exhibit F- Marina Life Iy��1 „ r r l a S r Exhibit G-Social Media & Newsletter Performance for Your Post Boynton Beach CRA—the •°• m•;nel i,Rr.,eeacneh, I,e 1 at I6Ia— 11 2,418 We're he at A,ntanda Fames Ca:lert for�smalibusice=sivee�.t #lirtYitebiz 1,132 �,} ( 182" 96 45 51 41 23 18 a� 1 1 0 37 16 21 4 9 0 339 33 6 306 ;�V Get More Utes,Comment$add Share$ nEGa*rvE rEEr38acn Boost this post for$20 to reach up to 11,000 people 1—,.i 0 0 0', Z Your vldeCiS pOpLOar 0, i,. t lik2 ��i r_otflineat ;n7 Share .. Chote Poet With Video Edit Post 1�� Performance for Your Post Boynton Beach CRA shared an event ... Jj 7 a t 1 5 9 p 0 Don't miss the Boynton Bear-h Art Diwict's Art"A'alk BOntor.BeaCI,ort District this Saturdays 25 - 24 24 0 0 0 0 0 0 0 S"AT NAIIIA11, E'21 Boynton Beach Art District Art Walk and NEGAT IVF FEEDBACK Recovery Vibes Interested 0 0 2615 people interested 0 0 I 32-retxj -.reached Performance for Your Post Boynton Beech LRA mubh5t ed b, ,_•m e*assao "All 311 5 96p11- - 0' Head over Deep Ocean Reef Baf&Grii1 to enjoy some of the best seafood in to"ril*HitTheFiz 4BBCRA#Foodie 236 12? , ..` 4 4 0 , 0 6 " a •«- r, 0 0 0 NEGATIVE FEEDEACK 4 Get More Likes,Comments and Shares O'' 0 Boost this post for$20 to reach rip to 11.000 people 0 ,, 0 t Your video Is.popularvdith 1:1 7 Like l,.) Cornmew (us Share Performance for Your Post Boynton Beach CRA�haieds Photo ... Ma8 at:50prn " 0 Did you miss#CincoDeMRyo?Not to worry #TacaTi-lesday is here!Visit Boss Tacos to satisfy alt your tacc,cravings! 5 4 4 0 0 0 0 0 ,)M 0 Q` 0 0 0 NEGATIVE FEEDBACK 0 0i 0 ,Y,:i Boss Tacos j6 Like Page uir ij -nl-, 0 Hal'F ac.ast Let aIeopenloda,,hom lly"Itc, pol So C,me-,-ir,old en,�O tt reached Lipa conimprit Snare Performance for Your Post BDynrmi Beach CRA eras lo,e ... Publi,hBd by Tepee Roberts qak fl a I i-2 5 1 P 0 We're Live at SoLinda'Alaxing Oasis for Around the Tovin Tuesday[ "hitthebiz 180 5 0 2 2 0 NEGATIVE FEEDBACK 0 Get More Likes,Comments and Shares Boost this post for$20 to reach LIP to 11,000 People, Your video e popular vatt, Like Comment sriare Boynton Beach CRA shiaipd a photo Anyone feeling thirsty this#hurnpda ?Head over to S,,vsstwatpr and quench your thirst #HiiTheStz W, ir 7 7 0 0 a 0 2 2 0 0 NEGATIVE FEEDBACK 01 0 0 0 0 tl Sweetwater 16 Like Page Nlay j at 2 Mix, 1,-Slav¢em '6' fic-en foa gfldliquid "'t,ugen X& 020e(,-reached 0 - Coninwilt Performance for Your Post Boynton Beach CRA shared a post Ma"9 at 2 S-'Pr' 0 0 The Secret rjaider,, A Cullnark Business Devclopnierl,Ce*tee is accepting new students for their entrepreneurial dasses! 2 Secret Garden,A Culinary Business Development Center 2 2 0 I'lay 3 1& Like Page Culinary Food Prep&Entrepreneur Classes 0 0 0 0 0 0 01 0 0 NEQATIVE FEEDBACK 0 0 0 0 t'IEB-E?.TRACTGGtlSTA14TCOIJT,ACT CON', Culinary Food Prep&Entrepreneur Classes it peowe reached C) Like, C,—j cor-nmern tt> share Performance for Your Post Boynton Beach CRA sharsd an Event Looking for something furs to dowith mom this mother's day?Check out YogaFit Studios Special lAother's flay Yoga Class! 0 4 R k . r. 0 0 0 s. i NEGATIVE.FEEDBACK Special Mother's Day Yoga Classes 0 YcgaFi€.Stu&os(Baynton,Beach FL) Boynton Bear17 once€este�i 4 FcoFle interested gslo,r, reached 1-ike (j Comment Performance for Your Post Boynton Beach CRA shared F POSI 10 1122s3st 0, 0 Looking for a special vvayto treat mom this weekend?The City of Boynton Beach has you covered with the annual Mothers Day Tea 2 TODAY is the deadline to register.so don't delay!?*moV-ersda} 2 2 0 City of Boynton Beach Recreation and Parks Department 0 0 0 th Like Page Throwback Thursday':Last years 14olher's Da}Tea!This year's event takes place Saturday,May 12 from 11X00 a ITT 1 00 p m at 0 0 0 lirraccastal Park Clubhouse Mak. See I-lore 0 0 0 0 NEGATIVE FEEDBACK 0 0 0 VVPU CONI Boynton Beach offering a Mother's Day tea party V,IP19--25 N ,,,,s Anchor Erin GuL,,gets a sneak pee.i(at a Mother's Da reached kfy Like Q") Comment � Shate. Performance for Your Post Boynton each CRA rnartd a post iiay tt A -c 5-am 0 0 Still not sure what to get rnont for mother's day?Stop by Del So!Bakery and Pick LIP a Last}treat! 5 c.F 0 0 0 0 0 0 0 A 0 0 0 �l NEGATIVE FEEDBACK 0„ 0 e 0" 0 Strawberry Shortcake Chocolate Bundlettes 6"1$28 41$15 Lemon Loaf Cake Mini Scones Box $20 61$10 Del Sol Bakery like Page Md, 1 %, a=?e D ri-1 - i ...rz. _ro„uri �,�.r�=- o„_.<ev 5 E 5 .-zo- . u,6 I [lF t edt= v, Cali 30 ticay „06672.. Olae Ti,wsdaAf a. !L p, reached CIS Like t) comment } Share Performance for Your Post Boynton Beach CRA M,;,, 12 at Dlpm 0 0 Need a last nilnUte gift for Mom'? 'AISIt the NLAII'1101 Cottage HCallh FOds for a vahety of gifts including salt 9 lamps.gift cards,essential oils,bubble baths,wine and more! -N hertz 8 8 0 NOW 0 0 0 r 0 O 0 0 0 NEGADVE FEEDBACK 0 0 Vy 0 0 AL 7 vl('O,reached , - 7r j Like Comment > Share Performance for Your Post Boynton Beach CRA snared a pos` 4 a!1 4 1 pn• 0 Looking for some summer fun?Check out�cy nion Beach Fuive Center a full-service dive shop located in Boynton Beach[Thev Aere recently featured in Scuba&H2O A.civentures 11agazinet ni o;Z 1 0 0 Boynton Beach Dive Center t* Like,Page 12 it 6 L';nx o 0 0 0 Check out our article in Scuba H2O magazinel," 0 0 0 R—,a- 0 0 0 U-1—�01 q,--, NEGATVVE FEEDBACK 0 0 1--0� 6,—1 0 0 J— ti FILIPFUEBS'NET SCUBA and H2O Adventure SCUBA and H2O Adventures Magazine May 2018 Edition Page 12 At 5—,w-k�reached 0 & Like Share V'IdeQ Post Shaves See ft-,a!i,;,Lltos Performance for Your Post Boynton Beach CRA ... Pubhgte;l HL,s,in 1,4a, ai 4 1 pm V 1,531 Would you like to Kvin a FREE gift certificate to one of these Boynton Beach CRA Distfla businesses? 515 Tag a friend and have your name added to the drawing that takes place at the end of the month'1,l-flIThe6i--,Drift wood Bovi-ton Beach C j!oniil 801 Gale,va,, Ve'ennary Center N Ocean Reel,Bart GrirE Ca-- Boynton Chips Ahoy Chartefc 22 22 0 4A 54 54 0 -A �4y 4 4 0 5 .......... 99. al 26 0 73 NeGAT[V6 FrEDSACK 0', 0, 0 Get More Likes,Comments and Shares Boost this post for 520 to reach up to 11,000 people reached Like, (,-j Comment Performance for Your Post Boynton Beach CRA a, 16 ei iC Ham Do you have the rainy day blues-,Restore and realign yourself at ,QgaFit StUd*S1 Your first week is free! - r-t71'Chc�'Z S' 7W, 1 1 0 S 4 0 0 r 5�. 0 0 0 NEGATIVE FEEDBACK YogaPit-Boynton Beach o 0 A "s oew:7 reached [j")tike (j C'o¢T3mem ,¢,> Share Post Details Performance for Your Post Boynton Beach CRA shire at,evert Enjoy A music from Burn!6tscwE and fine Dining on the Intracoastal at Banana Scat this SaturdaV at 7PIJI#Hit'lieSz�BBCRA aklusir 10 10 10 0 0 0 0 0 0 0 0 NEGATIVE FEEDBACK AT tAAY 10 Burnt Biscuit-Live Entertainment 0 0 Banana Boa! BovnIton Beach Interested 0 0 tew James ai)d 3 friends,like this Oace AL `11-L)—Oie reacheci 0 Like Comment Perfon-nance for Your Post Boynton Beach CRA sawed a post 0 Have},ou visited Deep OcePi Reef Bar Gril, one of the riewesT bUsinesses in Boynton? 29- #hittlIe0z 20 20 0 0 5 5 0 3 3 0 0 0 0 ,ask,.... NEGA-,.fVE FEED12ACK 0 0 0 0 .. ......... .......... rs Deep Ocean Reef Bar&GN Sib Like Page Ya, IL Like Share Performance for Your Post Boyn4on Beach CRA regi -.eEi s-i i crl Sakery 14 at 08 v 460 Are you watchtno the*rotattr°edCiin ?Pick up a perfect scone at De!So! Bllccr v to celebrate like royatt:i 11 hi±thebiz 00 t t 9 9 0 A sin 0 0 0 1 0 7 r NEGATIVE FEEDBACK g q` 0 0 0 0 IY1if111. mdf i-;k reached Performance for Your Post Boynton Beach CRA shared An event l en WOW!Celebrate 22 of success with Tro,,'s Eal'-Be-Que June 10th at 12RU4E.60«:si0:iookerl;*�tt'heBz--BBCRA 17 14 14 0 2 2 0 ti « 1 1 0 0 0 0 1 ! ° 50 S�rty i t, T Q PP,' 0 0 50 22nd Anniversary Party T rQ\':Bai-Be-QLJe Interested NEGATWE FEEDBACK i Kerson wes true place 0 0 0 0 Lt ' pe,',,reacE ed lau < it tT mike �� CrxnnTenf y Share Performance for Your Post Boynton Beach CRA ... !,,Ia2D at 0 473 Do someone sa4 brunch? Drill,vvooc�Boil morn,Beach otters a bottomless truncri every Sundayl 10 10 10 0 tti 0 0 0 0 0 0 39 is 0 21 "A NEGATIVE FEEDBACK 0 1 ppppp— 0 0 "!"N reached Performance for Your Post Boynton Beach CRA sE'a:,ed a phcto pp Looking for a fun night out?Book a Sip&Paint Class with Daneu's Ar Lourge.&Gallery 1 0 - 00 0 0 0 0 0 0 ail4 0 NEGATWE FEEDBACK 0 0 Yr 0 0 Dianett's Art Lounge&Gallery j6 tike Page P Uo G'R I-S it SI NT TO H,;VE F UN tJ'A RT.RUN L,,U G H T PER DRINKS'4,LL iN Ch-rH I-C,f,,IE A!,D EXPERiENCE 6,000 A.CLASS N-," LiNK N 2 x7c7 I& 1',I,'p �reached Performance for Your Post a0y-nton Beach CRA 2 �,t 2 5�jpq� , 0, 202 looking to get in shape for the summer?Get started now by registering for a FREE 3-DAY PASS at Zoo Gan Elie-Bovnmn Beach -:-Hit TheBiz 2 2 2 0 0 0 0 0 0 0 0 3 2 NEGATIVE FEEDBACK n in 0 0 The ZOO Gym Elite(Boynton Beach Health The ZOO Gym Elite I Boynton 0 0 Club&Fitness Center Club&Fitness Center A& 1.eopi-,reached a, a 1. Like, C_) cumment Share Performance for Your Post Boynton Beach CRA ,,a-,We F�LA'MeO c�Rener,Rot�ert� Ma,2",af 11 Han) 1,516 We're Live at BenclrnarK Pqfwiflno S,Car,clerlf�o601`11-qon Beath F,-for AfOUnd the Toa!n Tuesday!We're proud to have them as a business in the 658 90vq1Gn BeaO,,CPA district! 50 24 18 0 2 2 0 ell 1 0 3 0 4 8 8 0 153 Get More Likes,Comments and Shares 33 1 119 Boost this post for S20 to reach up to 11 000 people reached NEGATIVE FEEDBACK 2 3 0 0 C 0 0 Like tl Comment Gb Share ro Performance for Your Post Boynton Beach CRA Stared a pCST 2,at Slam 0 62 Sign up for the Se -et Gardcr,, A CLilina,r Erusfness Cevelopilent Center culinary entrepreneur classes! 10 - The Secret Garden is a recipient of the CRAB Nonprofit Organization Grant Program(NOGP) We are proud to support their efforts in COMMUnit'r 7 7 0 improvement' 0 Sign Lip today! 0 Secret Garden.A Culinary Business Development Center V a, 7Q at 10 0 rua n, lb Like Page 0 0 0 In case yOLJ MISSe.Cl III 2 2 10 0 s 4 NEGATIVE FEEDBACK it 0 0 0 0 '0,'EE-EX T P.A,CT CID N S TANTCONITACT 0 OU OPPs!Ws FREE-Culinary Food Prep&Entrepreneur Classes 1% 21r reached Performance for Your Post Boynton Beach CRA Snai-e(J an Nta,23 at 10 54ar: 0 706 Don't miss Dei Sol B?.Yer\'s 1 Yea,-Ann,vers?ry Celelh,,,aNDIM The},are offering a ton of specials to celebrate their big day 22 Congratulations Del Sol! The CPA is proud to have you as an Economic Development Grant 20 20 0 recipient,and a thriving business in our districff 0 1 1 0 0 0 0 0 27 0 0 27 NEGAINE FEEDBACK I'VA,2F, I Year Anniversary Celebration 0 0 Del Sol BaKen) Boynton Beach ffiteiested 01 IMrsa Gingold invite d'your III, 7it reached Like comment Performance for Your Post Boynton Beach GRA snared a Page rAl,'A at 1 ,Oan- " 193 Did you Oov,,that Boynton Beach has an African-Amens-an bookstore' Visit PYRAMi--l'ECOKS for everything frorn Egyptology to Self-Help! 2 — j. 2 2 0 0 0 0 kj Like Pave p: reached 0 0 NErATfVE FEFOBACK Like Q yt Share 0 0 0 0 Performance for Your Post Boynton Beach CRA "a,2. atd 1-,P'n 245 Its National'Wine Dayl Enjoy a bottle of red a bottle of vrhlfe-perhaps a bottle of rose instead at 3aci:arnt for#;lappythCLJ!` itTh2Bi2 K`Jircr 3 3 3 D 0 0 0 0 0 0 \t t rt' 0 0 0 P NEGATtVE FEEDBACK 0 0 !i F,.ya,,reached �"� Luce Comment (,.> Share Performance for Your Post Boynton each CRA snared a")110m .. 93 Check out Hurricane Me, owner Kirn Kelly on CBS 2 Nev�s! Z�Boynlor!Beac!i#Fooill 23 7 96 16 0 2 2 0 ut0 0 2 2 0 0 45 "Paste History Culinary Tours Kim KeT, 0 CBS 12 Ne,,,,,s 14 9 22 day 13 a1 fi k2 Vet Fad=ttrek Like Rage 12 cc,,,r,re Ao,-A! NEGATIVE FEEDBACK 0 0 A 'j3 reached 0 110) Performance for Your Post Boynton Beach CRA Ma,25 at 10 F,7aq, 0 225 , Happe Hemonait Day weekend! What are your plans for the weekend? 5 1, Looking for something fun? We music tonight at?hat's An-cre 4 4 0 Del Sol BaKery's I Yeaf Annlvers;IF,CelervanDil,on SatUrCla', See Mlore 0 0 0 2 0 6 j NEGATWE FEEDBACK 0 0 0 0 '6, A reached �e[";, Like col-nment Sharp Perfomance for Your PoEt Boy rton€3eG,h--RA_i.,=,,_.;;qr c• ... .. .o r 13 -ar r::-oda i �v 0 0 I r �I t 14 I }{ 1 iin Cafe Frankies Ssgn Up Gate Frank es Boynton Beach CRR slated a p;,cx ...WG7 P 372 2f 1 igKrt", V I.larma Cale Eo, ntcri is open and ready to serve you a delicious lunch! ;,; *HitTh Biz t�Fcod it 3 2 2 0 T 0 a 50 0 0 0 0 0 �h 28 0 0 28 3{� NEGATIVE FEEDBACK pit 0 0 11 Marina Cafe Boynton = Del yc Ba-lei,, lk Like Page ici 4'2 1!12 55E.-n' inEiag!8r M°€ sr's'r'riCi iy L_,th€ r �at ateHf Prtgi:;l Fte:I �,cus to.ie �J( eF'.- ��log�,n7a�;ed dacnr n ,,.h pa.ed chatia ,r,firam .te ale�akery_ "�r y�, n r runt reached U Like (�,1 Caarsirent i'> Share t Performance for Your Post Boynton Beach CRA si ared an e�.ent `.` ,13 -at; gw 471 Celebrate Memorial Bay Weekend vAth THE FLYERS at Banana Boat! #HkTheB z 7 j 7 7 0 0 0 0 3 4t 0 0 0 s { t){a3 {ON �� 10 art l A Vs NEGATIVE FEECBACK 7 A,x. 0 0 The Flyers-Live Entertainment 0 0 Banana Boat Boynton Beach Interested . James and 3 hiends like this piece u It 4. ,.c, w reached J Like Q�) comment =-- Performance for Your Post Boynton Beach CRA snared an Event .... 9 3t s uDGq 328 Check out some of the hottest cars in Florida at Bac;ami's event tomorrow night! 2 ;:hi thecsz z z a 0 0 0 jy II � 0 a 0 44 ARS 16 - 407 .F». €car 0 0 46 NEGATIVE FEEDBACK 0,, 9 ,.bD, U t 4,JrE, ,-RE 0 0 Cars And Coffee Monkey Hour! Badarni Bovnton Beach Ot Interested Drinks 76E-people ll r ,',reached ! �.�� 1 I Ike i,,.l comment „ Share w Performance for Your Post Boynton Beach CRA stared a pholi 0 66 Say hello to the summer forecast at Ttvu Geixgesii''rateiffcmt GMel It's looking delicious and full of live musici PHitThli;6iz#Bcaffhel-!tat 4 4 4 0 0 0 0 0 Up DAY FUNS 3 0 PA NEGATIVE FEEDBACK 0 0 Two Georges Waterfront Gfflie ob Like Page Ma. 31 it 12 41pnI 0 S,UMNIER SPEGI-,[-',al,fir,aflr:rete dl%o Ge.,,ges! t,}Oq lit RliJ spccial v, CO'e Va "SIOe 11 qt,ail,rla, Tue IL, 4 Ib Lf,e Mamie LoOIei salad see rAa,e r—q J L*e Performance for Your Post Boynton Beach CRA viared an event Pa,30 a�3 l�prn 0 248 Join the Boynton Beach Dive Center this Friday with Allie EHap(Designer of the Zookeeper)in discussion on the invasion of the lionfish their biology 0 impact on the ecosystem and how to safely hawest and handle theml "hitthc -biz 0 0 0 0 0 0 0 0 0 4 0 4 NEGATIVE PEECOPACK 0 0 0 0 Invasive Lionfish Seminar Boynton Beach Dive Center BoynIon Beach (h Patricia likeE,this place JLL reached 1-4e 1 corninent Performance for Your Post Boynton Beach CRA chared a photo ... III a r 40 at 12 3 U,III 6z' 52 Stop by Baileys Blendz for an afternoon pick-Me-Lip.Their fresh acai bovels will get you through the rest of your week!411-IiiTheEz 0 0 0 0 0 2 , NEGATIVE FEEDBACK 0 � 0 U, r Si w 14 A Bailey's Blendz 16 Like Page Open.FQAm for ail Df uf oo�aI smwtrIe coe cfarnnp .,z 46 yogvrt granva banana ming r,er&,e reached UkeShare j Comment Performance for Your Post Boynton Beach CRA v,as ivc Pi! :chef[j,Renet Robeeds Mar'�!al-3,i r a. 889, i We're Live with Janice Knill!His Work features photographyoil paintings and landscapes Find his work featured at the Aniandii Jame�-Gaqei on 327 Ocean Avenue #hitthebiz 53 , 40 12 28 6 2 4 4 0 82 14 0 68 NEGATIVE FEECEIACK 0- 0- 0 0 r,d Get More Likes,Comments and Shares Boost this post for$20 to reach LIP to 11,000 People Your video is popular vtth D-- A��'arc ,s 4 .,-- Like Performance for Your Post Boynton Beach CRA shared a post at 5 44pn 64 We are proud to have Ka`e M,26,eVng Group in Boynton Beach and as a business in the Boynton Beach CRA District! 2 Mala Mai keting Group 16 L*e Page 1 11 0 Mal,3D at 4 gQPIII, Are you looking for a place to start your small business i Consider 0 0 0 Boynton Beach!This 6V has a lot to offer There are over 9.600 businesses currently operat Sep,Moe I 1 0 10 , 0 2 NEGATIVE FEEDBACK 0 0 0. BCYNTGN-BEACH ORG Economic Development City of Boynton Beach VVelcoriel ,Ie Invite you to experience Boynton Beach by navigating AL "=t tr a reached ShareLikr Performance for Your Post Boynton Beach CRA shared a olicto ••• 48 Dress for the jot,you vrant not the job you ha3,e FSBmens has the perfect suit for you!zfHit T heBiz 2 y �tntrsst)+r ;,i 1 "' �rjrs r �� fi�lpi t e 2 2 0 0 0 0 0 0 0 ,t i��Tl t i< � 0 0 1 rJti NEGATIVE FEEDBACK 1 ltd 0, 0 FSBnSens0, 0 a& Like Page 29 ,tz z-p. ';rad i�d 1 c"A to mal_iou4 n career ref ;_,fhe perfect SwIs for;rGv4 -Mery e— Chess fc;success and tic, h°> hat mace c' Shop no -�, hip Ir tRFC3r4 ,O4 !t ,t e�r€r�reached 4 `t Like C4) cormnent �:;,} Share Performance for Your Post Boynton Beach CRA stared a pare .a. �. ,.,ne I ai A''pro 0 319 V'hat better reay to kick off hurricane season than with happy hour at Hurdcar .+Jey?Head over for$5 appetizers and drink specials from Spm 9 to bpm „,BeatTteHeatBB 7 7 0 rr fi 1 1 0 0 Like Page 0 0 0 reached 8 0 0 0 il.. LEke („J comment (-'v' Shale NEGATPrE FEEDBACK 0 9 0 0 Boyi�tot�Beach CRA ..a Performance for Your Rost .. .tune?,it a Mam V" 7554 The Baynton Beach CRS I,ants to know hour you Beat The feat this summer!Tata all your fun sun7niertime photos r6th#BeRtTheHCa1BB white12 you visit all the Boynton hotspotsl 0 4 5 3 2 Show us how you 534 bekt the heat in ttmynton so&Ch this Summer by tagging your photos with 20.... Q 34 l' IS #BeatTheHeatBB 4 y NEGATIVE FEEDBACK RA (v t}�,�;' eft„ �t•� v Q�`' S reached J7 3 7 Like �1 comment snare m a Boynton Beach CRA ha,a d an avant Performance for Your Post June 2 at 9 03am '! 305 V%1hat's a great way to kick-off summer? Shopping! 3 Check out Arranda Jarnes Geller,,Sale, #BeatTheHeatB6 3 3 0 #HitTheB:z 0 0 0 0 0 0 4 0 0 4 M NEGAT IVE F EEDeACK 0 & 0 0 I HU jUN Pu�i i 0 Get Out Of Town! SALE Amanda James Gallery Boynton Beach Interested Vi5 Art opoulR reached KfJ: and Like comincnt Share BOY11ton Beach CRA shared an event Performance for Your Post 16PI-n 552 Next Sunday.Troy's Bar Bs--QVe is kicking off the summer with music craft beer and tail off the bone BBQ *l-litTheBjz#BcatTheHew 7 1 6 0 0 0 0 0 22, Mild 0 22 �UN j�Zfl TO-'T f2 PNT NEGATIVE FEEDBACK , 22nd Anniversary Party 0 0 Tray's Bar BC--QLJe Boynton Beach Interested 0 01 i&Kerson likes tt,t-,place reached Comment share Page 1 of 13 SUMMER 2018 VOLUME 1 ISSUE 2 ,4. BOYNTON' I B E AC H C RA 11,111,1, ,, Emmommmmmmommm REDEVELOPMENT PROJECT SEAHORSE r r it i i t l\c rt t list!s rA z ,t ....... u t t VD45 ti�"Js.-� trk x P� tf"f�s i 'sr � s ...\ � 7 4 �f9ih a? � � tir E_ owl FAW Win y, wx Let "'e k_m^��.��M a ,�mL "`:;a:°�w':.., ;�4��`'"s.°' 'r� ,�.�_, ,y' %r�i;� � �'' ,�;v � ='�,4`,�i�S�YrFsr'iS"��?x:•,��,,`i. file:///T:/MARKETING/Newsletters/Redevelopment%20Works/June%202018/Newsletter/d... 6/5/2018 Page 2 of 13 �_:..,a., _ W„ � � ,=rte.wv' .a.-•mW. � �s:.w ��. ' .S�r�h. Project Seahorse for Kids is a non-profit organization that teaches children how to snorkel and educates them about the various marine resources located along the east coast of Florida. The Boynton Beach CRA, Boynton Harbor Marina commercial dive charter businesses, City of Boynton Beach Recreation & Parks Department, and Palm Beach County Parks and Recreation Department will team up for the fourth year with Project Seahorse to administer a local marine program available to children ages 10 to 12 years old who are enrolled in the City of Boynton Beach summer camp program. The children will receive snorkel and swimming lessons with dive instructors from Project Seahorse at the Palm Beach County Aqua Crest Pool facility. In July, the kids will board the participating commercial dive charters at the Boynton Harbor Marina, to snorkel local reefs and the Lofthus, a historic shipwreck that sank in 1898 roughly 200 yards off the shore of Boynton Beach. This year's educational side to the program will partner with Sea Turtle Adventures, Inc. to educate the kids about sea turtle conservation. The project gives the kids an opportunity of a lifetime to learn and experience the amazing natural marine resources off their local beaches. The CRA understands the importance of this project which includes the Boynton Harbor Marina businesses as a key component to the program. The collaboration is a perfect match, combining the Marina's commercial dive charter businesses with the educational Project Seahorse camp program. DEVELOPMENT file:///T:/MARKETING/Newsletters/Redevelopment%20Works/June%2020I 8/Newsletter/d... 6/5/2018 Page 3 of 13 TOWN SQUARE PROJECT Jl 0 C {_ v 1 * O Q k PPPm., 1' exp o 0 r R.vsu Exciting changes are coming to Downtown Boynton Beach by way of the Town Square project. The project, which is slated to begin in September, will redevelop land located within the CRA District, creating a designated downtown for the City. The redevelopment efforts will transform the 16.5 acre property Located on the southeast comer of Boynton Beach and Seacrest Boulevards south to Southeast Second Avenue and east to Northeast First Street. Town Square will be the City's central hub to Live, work, and play. The area which currently houses the Police Station, City Nall, and library, as Well as other City buildings, will be redeveloped into a mixed-use public and private complex which includes the adaptive reuse of the historic Boynton Beach Nigh School. Under a Public-Private Partnership (P3) Project relationship, E2L Real Estate Solutions was selected as the development partner to work with the City and CRA on the redevelopment project. Public uses will consist of a four-story City Nall and Library building, fire station, and associated parking. The private portion of the P3 project will be construction of a new hotel, mixed use file:///"T:/MARKETING/Newsletters/Redevelopment%20Works/June%202018/Newsletter/d... 6/5/2018 Page 4 of 13 commercial/office/residential structures, and parking garage. Despite the vast changes, two community staples will remain - the Schoolhouse Children's Museum and the historic Boynton Beach High School, which is currently being revitalized and will serve as a cultural center for the city. The $118 million project is being jointly funded by the City and CPA, A $76 million tax-exempt bond is to be paid back by the City and CRA over a 25 year period. The remaining $42 million is being sourced from city and utility budgets, CRA funding, federal tax credits, and land value prices. As identified in the 2o16 CRA Redevelopment Plan, the Town Square Boynton Mixed-Use Redevelopment is an important catalyst to the redevelopment of the Downtown, Cultural, and Boynton Beach Boulevard Districts. Providing CRA funding to assist in the completion of such a large scale and significant project has been long supported by the redevelopment plan and CPA Board, For more information about the project, visit the City's designated web pages for the c.on,'Ih(.ictioi; hn)ehneand ieiocI---)0o of (Jity ,e[vices LearnLea rn More # Hit T h e Biz 7,1 4, 4� file:///'F:/MARKETING/Newsletters/Redevelopment%2OWorks/June%2020]8iNewsletter/d... 6/5/2018 Page 5 of 13 There is a neve place in town to eat, drink and be merry! Driftwood, located at 2005 S. Federal Highway, features locally sourced ingredients and hand crafted cocktails creating an unexpected dining experience for your palate. Chef Jimmy Everett's menu highlights his passion to infuse quality ingredients in the classic dishes like Fried Chicken & Waffles, Shrimp 'N' Grits, and Smoked Shortrib. And let's not forget to enjoy a hand crafted cocktail like the Driftwood Old Fashioned or the Dark and Stormy featuring a house- made Ginger beer, Driftwood is now serving brunch, lunch, and dinner Tuesdays-Saturdays. Follow Driftwood on Facebook to see their latest featured cocktail creations and menu items. Driftwood is the recipient of the CRA Economic Development Grants which offer financial assistance to new or existing businesses relocating to the CRA District. Driftwood will receive approximately $22,700 in 5o% matching reimbursable funding. The CRA is thrilled to welcome Driftwood to Boynton Beach! CLICK TO EAT TODAY e)eT .........I I r C z Asa /yp{ tile:///T:/MARKETINGIN ewsletters/Redevelopment%20Work s/June%202018/Newsletter/d... 6/5/2018 Page 6 of 13 Deep Ocean Reef Bar & Grill is Marina Cafb is the new now open! On April 28th, Deep neighborhood gathering place to grab a cup of coffee and Ocean Reef hosted their grand sandwich all while enjoying oying the opening party featuring live views and vibes of the Boynton music, fresh food, and lively Harbor Marina. Caf6 owner, Scott cocktails. Did you miss the grand McKay, has brought new life to opening? Not to worry! Deep the Marina Village commercial Ocean Reef offers happy hour plaza with his nautical and and fresh specials every day! industrial themed cafe featuring Located at 1600 North Federal the highest quality coffees, teas, dell sandwiches and breads, Highway in Boynton Beach, their Whether you are looking for a location boasts plenty of parking quick lunch to take on a boat and a friendly atmosphere, cruise or looking for a relaxing Specializing in fresh seafood, patio to enjoy the free WiFi and Deep Ocean Reef is open every intracoastal breeze, Marina Cafe day from 11AM for both lunch is the place to go! and dinner. Follow them on Marina Cafe is the recipient of Facebook to see their daily the CRA Economic Development specials, The CRA is proud to Grants which offer financial. have Deep Ocean Reef Bar & assistance to new or existing Grill as a business within our businesses relocating to the CRA district, Visit them today! District. The cafe will receive approximately $23,000 in 5oc//. matching reimbursable funding. CLICK TO EAT TODAY Be sure to check out Marina Cafe located at 100 NE 6t1Street, Unit 208 to see CRA dollars at work', CLICK TO EAT TODAY File://,/'I':,/.kIARKFI'ING,'Newslettersj,/Rede\,elopnieiil`/`2OWoi-k,s/Juiic'/o2O201 8/Nlewsletter/d... 61/5/2018 Page 7 of'13 SOCIAL MEDIA OUTREACH PROGRAM (SMOP) t M� P"41'1� tx � i ti v , C Renee Roberts is the neve Social Media and Communications Specialist. She is a graduate of Florida Atlantic University with a Bachelor's degree in Public Communication and Interdisciplinary Studies of Arts and Humanities with a minor in Studio Art. Prior to joining the CRA in 2o18, Renee worked for the Boynton Beach CRA as the Events, Marketing, and Economic Development Assistant, and the Delray Beach CRA as the Communications and Public Relations Coordinator. Before entering the Community Redevelopment field, Renee worked for a small, family-owned business. Her unique background allows for a comprehensive understanding of the needs of small businesses, and the goals of the CRA. As a native of Boynton Beach, Renee is passionate about. the development and growth of her community. The Social Media Outreach Program was created by the Boynton Beach CRA to assist small businesses in the development and enhancement of their social media marketing. The program is file:///"1':/M ARKETING/N ewsletters/12edevel opment%20 Works/J une%202018/News1etter/d... 6!5/2018 Page 8 of 13 designed to assist businesses in creating engaging content, inform business owners of the potential reach of social media, and assist in the understanding of social media as a marketing tool. Check out this article ir-i tf-ie St n-Sentinel regarding the program: LEARN MORE Share r summertime fun with #BeatTheHeatBB i i s s show us too you beat the heat in Boynton Beach this summer by tagging your photos with BOYN10N1' y `BEACH; CRA fir i � �tt� v_• .,� file:///T:/MARKETING/Newsletters/Redevelopment%20Works/June%202018/Newsletter/d... 6/5;2018 Page 9 of 13 UPCOMING EVENTS JUNE MOVIES IN THE PARK MUSIC ON THE ROCKS JUMANX: WONDERAMA WELCOME TO THE JUNGLE JUNE 11h 6 — qPM JUNE is`8:30 PIS s AW , ® d Ell The final Movies in the Park Looking for some summer fun? event is TONIGHT at 8:30pm! Join us on June 15th at the Ocean Don't miss your chance to see Avenue Amphitheatre as we Jumonji: Welcome to the Jungle wrap up this season of Music on on the big screen. This free, the Rocks. Come enjoy the family-friendly event features a musical stylings of the large inflatable screen set on the powerhouse vocalists of stage of the Ocean Avenue Wonderama, as they perform Amphitheatre. Free popcorn will popular pop, rock, and funk hits. be provided to the first 100 Live music coupled with amazing moviegoers. Complete a short food from Food Truck Invasion survey for your chance to win and a mobile bar creates the tile:///T':/MARKETING1Newsletters/Redevelopment%20Works/June%202018/Newsletter/d... 6/5/2018 Page 10 of 13 gift certificates to local CRA perfect atmosphere for date businesses. Pack a picnic and night or a fun night out with come enjoy a fun night under family and friends. the stars! LEARN MORE LEARN MORE PTV PIRATE TELEVISION s ik Can't wait for this year's Pirate Fest!? We've got you covered with PTV- the official news channel for the Boynton Beach Haunted Pirate Fest and Mermaid Splash. Be sure to like and follow the event's official Facebook page for PN updates, which will include event updates, exclusive interviews, and breaking news. file:///T:/MARKETING/Newsletters/Redevelopment%20Works/June%202018/Newsletter/d... 6/5/2018 Page 11 of 13 LEARN MORE 2018 CRA CALENDAR JUNE MOVIES IN THE PARK: JUMANX June i't @ 8:30 PM- 129 E. Ocean Ave. CRA ADVISORY BOARD MEETING June 7th Ct 6:30 PM - ioo E. Boynton Beach Blvd. CRA BOARD MEETING June 12th W 6:30 PPM - ioo E. Boynton Beach B[vd, MUSIC ON THE ROCKS: WONDERAMA June :L5th from 6 PM - 9 PM - 129 E. Ocean Ave, file:///I':/MARKETING/Newsletters/Redevelopment%2OWorks/June%202018/Newsletter/d... 6/5/2018 Page 12 of 13 JULY CRA ADVISORY BOARD MEETING July 5th a 6:30 PM - ioo E. Boynton each Blvd, CRA BOARD MEETING July doth @) 6:30 PPM - ioo E. Boynton Beach Blvd, AUGUST CRA ADVISORY BOARD MEETING August 2nd @ 6:30 PM - 20o E. Boynton Beach Blvd. CRA BOARD MEETING August 24th @ 6:30 PM - zoo E. Boynton Beach Blvd, PLease note: Due to the Town Square Project, aLl CRA and City pubLic rutins witI, be relocated to Intracoastat Park starting September, 20:L8 at 2240 N, Federal, Hwy, FOLLOW US file:///T:/MARKETING,/Newslettersi/Redevelopnient%2OWorks/June%202018/Newsletter/d... 6/5/2018 i La�ss a„es TraCl i� E �t,b�arcl CONCERT LOCATION CHANGE ,e:-C cF v_,. ..IW,'4E 1 ”"9Fri 4s1k`i1 "+} Email Impact Device Usage o 'It ei 0001M,c Social Engagement G Lists and Segments r,1-r H9 camn.as -�.,a.t 6��s.ess _antac�e Click Report r:r i i 2018,=201 9 Mem !Jeiship Directory & Bu er 's Guide sf�tlF. it, M! EN F �5 '}�iw 'tt44th F» 1�Cs � 1'� ` to l F a =A ! F ��tlt t`l1 t- � r N 1 s � { i p s 1, ts d � ; t a��ihkv Ft �^lV 77 *. t �}S o r t r�, � t s o N et,w o r'K & Learr') k--) P �D -1 J One of our goals at FFEA is to provide you with value that you can't find anywhere induslEry insider else.In order to achieve this for our planner members,we offer practical education Students,young professionals and emerging leaders now have the C and training and a community of support and ideas to establish best practices and opportunityto hear directlyfrom experienced industry professionals on help you to grow your events.For our supplier members,we create opportunities to howthey gottheir start,challenges and successes,and theiradvice on network with event professionals so you can expand your base of business and your making a mark in special events.The Industry Insider will be broadcast bottom line. live through Google Hangout OnAir during the second and fourth Tues- days each month,and recorded versions of past sessions are available Below is an outline of the typical offerings throughout the year.Check the online for viewing online.All live broadcasts will be from 12:30 p.m.-130 p.m. calendar at www.ffea.com/event-calendar for a complete schedule. Hosted by the FFEA Education&Emerging Leaders Committee. Coffee& Conversation V%Porkslhops Join your peers and colleagues for our monthly roundtable discus- Full-day workshops are held twice annually and offer in-depth training and education coeFrt" cion about industry trends and issues.The location for Coffee& ic�tys eti�anora. Y to help you grow professionally.Some workshops offer a certification(such as Crowd --- — Conversation changes within the state each month so that we are Manager Training),and others provide hands-on instruction. 6100 reaching all of our members throughout the year.There is no charge to attend,and coffee and doughnuts are provided. Annuai Convention &Tradeshow Come join your colleagues for three days of education,networking,inspiration and Behind the Scenesfours innovation!The FFEA Annual Convention&Tradeshow provides attendees with proven Interested in knowing more about how an event operates or what methods and new ways to manage and grow their events. makes it successful?Join one of our Behind the Scenes Tours as we spend half a day with the Event Coordinator at one of our events EVENT HIGHLIGHTS: throughout the state.Tours are held in season between November and Over 40 educational seminars,roundtable discussions and idea labs April at different events every year.The tour includes full access to Be- Tradeshow with 60 vendors,offering the best products and services available to the hind the Scenes,Q&A and entrance to the event upon tour conclusion. event industry Awards program recognizing the creativity,innovation and excellence of Lunch & Learn FFEA members The FFEA Lunch&Learn series allows you to network and learn Live entertainment showcases,featuring a variety of talent for every budget MORduring your lunch time period.Topics range from sponsorship to Network and learn from those who do what you do and understand the challenges social media and everything in between.Lunch is provided as well as and issues that you face [ERR— training from top-notch speakers.Lunch and Learn events are held quarterly in a different region of the state each time,and the topic is ,4t�s based on industry relevance. + u 4.`? . 01 + ke�2 t �mwv, + le i ''"1��11fr 1i a 14 Florida Festivals and Events Association www.ffea.com b B.0. Snapshots W� i }[FArn:i (Necanih,i .,'II ,f. afs`s=r' rY J,., (. bNoyeen ieln; U Matthew Fillioe,Operations Manager,Coconut Grove Arts r b , e r� f-. f� 44 r r - 9 ,�. C S ltd mea" 1 �Ar t, \w I-EA hi t c been an hnA,/Aizabhs seurce f i h me �r. , f ,f;ii(r!ha f'}i�'reCr.3t (�r(d, , t 4 rel f v „ <, .CIF 1 C ��11=?( '7i1y'1iI� ' r ¢ Lanie Shapiro,Owner,TouchPoll South Floridat "� 7 s oya 20 Florida Festivals and Events Association WM t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 INFORMATION ONLY AGENDAITEM: 8.13. SUBJECT: Public Comment Log SUMMARY: See attachments. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D Public Comment Log 'i 0 w v 0 t; z, 'c V O r }� Z = 5W � G O U � V U � Z 0o 0 N t t � y S; 4y O � O Chi" U i t s s ' t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 INFORMATION ONLY AGENDAITEM: 8.C. SUBJECT: Public Relations Articles Associated with the BBC RA SUMMARY: Sun Sentinel Article: This article highlights the CRA Social Media Outreach program the CRA developed last year. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board. ATTACHMENTS: Description D Sun Sentinel Article D Coastal Star Article Boynton CRA helps businesses through social media program - Sun Sentinel Page 1 of 3 Boynton helps businesses through social media program 4 � t E:r, r , Amanda James Art Gallery boutique items installed at the Eau Spa and Resort and posted on Facebook is credited with a marketing success. (Arnanda Johnson/Courtesy) Lay Brian Feldman Special correspondent SHARE THIS Boynton businesses cross-prory7ote to increase sales MAY 8, 2018 ased on the business-building success of a pilot Social Media Outreach program started for small businesses last year,the Boynton Beach Community Redevelopment Agency has expanded its free program teaching local businesses how to cross-promote with other businesses. "W§q*R,RVe%Wkt&LffMW8gram offered by a CRA in the state," said CRA assistant Subscribe for onl 99¢ director Thuy Shut. http://www.sun-sentinel.com/community/gateway-gazette/fl-bbf-cra-outreach-0509-2-201... 5/11/2018 Boynton CRA helps businesses through social media program - Sun Sentinel Page 2 of 3 The big push now she said is to assess and categorize the 38 old and new participants in the program according to their social media skills and needs. Beginner, intermediate and advanced categories so far have been created to identify participants' social media skills. "We are seeing people actually getting results, Shutt said. "From different indicators we see additions made to memberships, classes offered, sales growth or even engagements." Since many businesses have a social media following already that gives them a way to communicate with their customers, she said the CRA's program will show the businesses how to strategically utilize social media tools to develop or support their brand, monitor customer feedback and cross-promote their goods and services. Credit for the idea that led to starting the program is a "team effort," Shutt said. The initial idea came from CRA development services manager Theresa Utterback, Bonnie Nicklien helped with developing the guidelines, CRA executive director Mike Simon provided oversight and the CRA Board funded support for the entire program, she said. "The one beneficial insight we have gained from the course and put into practice is that live video is really the way to go when you want to build an audience," said Amanda Johnson,who co-owns the Amanda James Boutique Art Gallery at 412 E. Ocean Ave. with her husband James. "Social media is ideal for small business like us because advertising is so expensive and unaffordable," she said. For their first project last year, the pair designed a Saks Fifth Avenue display window at the Gardens Mall stocking it with their custom wall art,wearable art, handmade photos, ceramics,boutique items and other objects and used daily live video to attract an audience of 4,000 on Facebook. "Sales were brisk and continued even two weeks after the live event ended. We were still receiving phone calls from people commenting on the display and that translated into sales," Johnson said. A year later they are still using videos and the social media skills they learned to generate business, she said. Because funding comes from the Boynton Beach CRA, the program is open to Boynton Beach u p s � ynton.C6��aiiu C-��n n the Social Media Consulting tab on the right T'A G1` �O r sld&blflhfi tbOfilfbbt and submit an arm inafi�n http://www.sun-sentinel.com/community/gateway-gazette/fl-bbf-cra-outreach-0509-2-201... 5/11/2018 CD cn co 0 CD o PZI M ^� ff rb te O CD C) aQ UQ O ` f A) " `CS ►w t7' f6 A cn O CD t:j CD eo 1 — fD r" O v, eD ® 0 �, CD O O ro ,r w CD w .O C �� " O `C O Cl) $D �- go Id O CD c 0 .t C n as UQ `C ® O i-a n O 0 ro �. a '-' cr"°C O N S Cts CL O vui ii.. ® PD P O �, o-+ M � Cn .`� «O O A) CD CD ® aQ iOq Cn UQv n O O 0 ® O Ww fD C) rD P) � i-r .--� — t:O O VQ h VOQ O N ro a®-h ® N. PD CD N ; O O O VQ Q. O C• y �' eD fD 171 CD 'C v 0 CD CD CD ro t CCD O 0 ro Q N C n Mn �,aq UOQ O VD CP, UOQCWDO t:1 n* CD CD ro 00 + O CD w O O" C ro oCD 0 i` 0 CL t7l co ft#}a4}k4 � M" V �1+ a � h✓ n C) I pp�� y C ap O O fD O iir G O A t¢;+exp CA Q.. � C' CDD 5�. CD y '��Cw''C� ® V' V' CD (D "ri U4 w. tD 0 �" CD CD bt#is+ �• O n' r'� �. a�°s CL O R w O PCD '.� SCD �, Uq y "� O'.. CD ri fD °�`• O UQ ro CD o� P> DJ rp ."' rn O..,C w+. fD O CD CD roCD v �t CLO OQ 0 :� :- t3 O r0+ C-10 W a4 � T'+ C 0 PD Cr -tP) 5 O A) CD fb CD ® raw n `C, n•:C ® Tv• PD CD NN N C�yOty � ro CD p i aq U-1r+ r -p 7P7 PD y t�D O O O W to p N' , 5 L ro _� 't O W C; ® a � x ¢ � Q � a ry CD ro ami � aa ® 0 =- 1+ !D CD p►�'a o a; .+ �= -D to a, a` t—h -+�• a- + � ro �• 3 ® � b� ° �. (D s a) 3 -1 a, ? �" {x ,r s 4� 1 (D tL2 0 O t/ O t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CONSENT AGENDA AGENDAITEM: 10.A. SUBJECT: Financial Report Period Ending May 31, 2018 SUMMARY: Attached is the monthly budget report to the CRA Board representing the revenues and expenses for the preceding month. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2017-2018 CRA Budget CRA BOARD OPTIONS: Approve the CRA's Financial Report Period Ending May 31, 2018. ATTACHMENTS: Description D May 2018 Financial Report I rl U'H f 0 z M O o0 0 W w H In Ln - Lo co Ln N o o o N o 0 o II o ao m o �o mmm BOO mm o �O �O a oOoo �Ooo �o �o o � cO X00 ca C c � � O Co II m c� c� �o OOH C� M C c1 � X00 0� II w fx W 61 O m N 0 tg 0 N N o O O LO w U O M 0 o z oto OO O O II m of O oc� o� o m m II m LOLO N (n Ngo LN 0m- (n II o W II II � u u 00 00 v o II LO 000 000000 00c� o� II o1 ca o0 00 0 o OOO Lno � o � OOO OOO O II O w • II �l CC 00 00 0 O t0 0 0 0 a' 0 - 0 - 0 0 0 0 0 0 FC W II N N II O O H LO W II II 0m LO0 o II m �0 � 0 LOOm � � Omm X000 w o � O II � � o � o � o 0 o II H w FC w L� L� c1 o m m m m M LO m O o o m m m H m m ca c� � ,� �o ,� t` II � � ,� �o �o O �o o� O m O m o II m O . . . . . . . . . C.C. . . . . . . . . O H m - m o In 0 - (n -m o O m W c1 N II N 6l m II c1 H U O 0 O c� O o 0 o o o m m m ,� o m 0 0 O I I O a o o m � O O LO 1� o o m II x w mM� O �' 0 O m LO ,� O m t` t` O O El LO H ,� ,� m � II �0 0 0 0 LOM - N � o, N � o, II � w co - x H rO - 1oO 1 OC� II m w In H cG � m � �c� �o in n 0 O H c� �o II m ,� ,� m 0 o OEl II H � W v II II v O o x O m 0 00 O II O 000000 00 000 M LO Ln m II O w 0 O II O 0 0 0 0 O LO O N m LO N II cn ca H LO O O LO II LO c� O LO C c O IL O 10 C 1 1 N LO II Q CW7 - 0 O c1 O n m n m O O O t` t` 0 - - 0 - c1 - � o Ln o mc� �o � II W � � H H N LO II II H N 6l LO II II � H H II H II cC II II II II M0 OO v II O 000 000 OO 000 MLO LO m II O a - 0 O0 0 m 0 O O N LY (n O C - II FC H c� t o LO O 1 O a a 1 LO II z w u u H C7 - 0 o O O m 00 0 o C7 Ca - H x � o Ln o mc� � � II H H II H II co H H o z a w z w z x H c� co x w x w � H x H w O a H a o w o El w z o� f� cC U 'z w cn cC cn cn w cC 'W a w H x H a o z m w H H O Com ', H O W U] W H FC w H W W U 0 H CC > FC U] 0 H U > 0. H 0 Q W a U] U w 'z 2 2 w H cC w O cn FC Z C7 w > 'z m Z, CC W H W CC H H U H C7 U' U W Z, W CC CC W O 0 H El W > x w za, z z H El www a o w FC FC H a w H a H c� cC' cn H H FC 2 2 H 0 � H H 'x, U �l H CC 7 cn x �l 2. U' �,' Z, U] O � H CC 2. CC W P-i 0. � Z I W H H H H ', O a FC Ga H P., P., 0. U U cn W Ca H w O x O w CD w H w H i H o - o �n 00 00 O 0 w w H II O c7 'z Nc� mo0 0co 00 0o O O II o oal II a v o o LO m ]o o o II w o o w c� win 0 � N � cg �o ,� ,� O o � II O O O O NN NOLO , � NN r�r� o o II N N rl (n 0 0 w I I z N N N u � u v O 000 v O v O v O v O o II ca 00 000 00 00 00 O O O II w • II a cC 00 000 00 00 00 0 o O II El wx O El U I I z u w u v O O LO LO Ln v O o II w E ElOO Oc� �o O � O O 7 II II w < w m �o �o � m O O O II H iO O H O O m C m O O O O II O O H In LO II 0 O O Ln o O O I I a o0 oc� m o o � II x w El LO M o m - m m LO � o o II wcn ,� xH OmC �o1 mm II m w m H > cG 'z H O In LO II O H O H H O o x O 00000 O O 00 O O II w O O O O O cn ca H O O o 0 0 0 0 0 0 0 w z o o O O O II w u c4 I I OOO O O O v O II O O O II zw o 0 0 0 0 0 II C7 Ca �o �o O O O O H H H N II H H H II W II Q+ I I O cC P O cr] z z z o 0 0 z O u O z aw Hoa co z H ox c4 az zww H rx z H wo O O H W 2. '� H Z H H2. W 'W Z H 'Z, 0 O FC Z O z a c4 H o� f� H cC FC FC FC 'z 'z w El W c� z w c7 zwz zry � w o rxH w wa c7 c4 o Ga H w CC U] CC CC " U H x W W N• � H 2 > 2 xcn UH x 'a y' O H 2 H w H H H O O O H H CC U O W H l0 f� C7 U] 'Z, O H 'Z, O Z O O > O W U] Z. O CC rl H H H Z W O :7 FC O H O W N Z W H O El W :7 rl H F( N N N N H H >> H El El H l0 H H - H - H H C7 2, Ga I O 2 O w cf] O CC w I O CC I O H w H H I H x H w H H co H w H > H 0 CC 0 0 0 0 CC co > 0 Z co 0 x 0 H �o 0 w • 0 0 00 o w 2, o O H o H o O o cC H w H U �', 0 H m C7 El M 0 w w H >7 x w M O o N N N C� N w o In LO w z LO 0 0 v LO v 0 �n ca �o0 00 � oo �o w c4 co 0 00 00 co w O N z c� z w o m N LO Ca N � m LOM 00In In �n O w N � 0 m o o c� a �n C� x w FC cn � N w x H oLO m w N > 0 H z H El O Q 0 w •• o a w o O 00 00 0 00 0 w o 0 0 LO LO 0 cn ca N w w w c4 0 0 o v o v o 0 a o0 0 L ALO o zw LO LO 0 o El H � c4 a O H 0 o z z c� w w z w w a a cn c� cn cn w w > > N H H c4 c� a cn ac7 Nw � a w z w a a N CO z N w U " r4 O H CO H • W U W W c4 U > > w > El z > ooa ww w N z w N a o w z 0 Ln a O oEl 0 C4 H 'z ca o 0 0 0 0 o w N w w o o o o a o a a co O O O OO El W El ry' W �l H ,� ,� ,� ,� 0 H ,� o a0 0� 0 C7 a c4 0 0 0 0 a 0 �o ,mow w 'zoo 00 o o a ca a cn a' C7 N �) U Cfl m N m LO U m rl 0 � 0 0 N 0 0 H z � � � ,� m M �n � � �o c� �0 0 �n w w H oco C� �, in Loom 00 0 Ln 0 0 o m cW7 m w M o o o � w cG w eco 0 cow � co � in0 � Nom 00 co 0 0 M 0 0 � 0 0 0 w z 0 0 00 0 0 000 0 0 0 0 ca o0 0 00 000 000 000 00 0 w � cC 000 00000 000000 00 0 El Wm O ElU z w o o c c o �o wMo o C� 1� N oM ,� �Oooo N w FC w Lnm m mo LO (1) mom oo m N LO0 Ca U ,� �O �o N ,� � � � � o H 'z, o O 'a H m o Ln Ln o z rx m N N N w N � 0 o 0 m In o 0 0 Mo o1� �o mC� 1� o0M oo m x w U C4 H ✓-i ✓-i LO � O O O m - LO In 00 00 H 0o 0 0 o N > C m w m > cC 0 El In O H N Ca r� w o x w m x O 00 0 0 0 0 LO 000 LO (n 00 0 w oom 0 m oom oLOm oo � cn ca N m LO �O C o m C o o c� w w w z � m w w c4 ov o oLO 0 LI) 000 LI) LI) vo 0 a 0 0m 0 0 m 0 0 m 0LI) m 00 ry N m m LO LO M o m M 00 c� In In 0 m O cC z W co 0 w w cnzrx H c� www N H z El w w Q a4 U a O za Ox N W W a x O m N W H W co > x a > > w H w N a N a N w a cC cC 'z x c4> f� 0 N zw w cn 4 o wry' H w ww H H z a w w a z a N N c� Wm > w CO x c4 w a w 0 m z co a NoH w H N a H w o rx w w x x w z a w w a O x x N 0 N a a w y z w w y w a O w a 0 o a N z x Hac� z ryz r� c� ax, mH H wry' H a w w > O N a N w z o Ga > CC o in cin � � � U o in o iO o a 'Z o ff H H a w o ,� c4 0 O (n (o a W o -a H am - (n (n h N II a acn 'x' U H FC 'z aoo caoo 00 000 0o w o N o w H w w m m a w m m m m a cn m m m m m a m a FC a El cn H El 0 0 H FC W H ,� ,� rl � � � H rl LO LO LO LO FC � U C7 2, cC O �n �n O �LI) �LI) LI) LI) 0 O 1l Ln Ln Ln Ln Ln 0 O [� �n 0 O w 0 O ,� i H FC cn i i N U i i i i N a i i i i i N H i N cC N 'z a CC 0 0 oo hCD 0 0 0 0 x 0 0 0 0 0 a o a w0 00 x 000 0o y' o w o ry ca a a cn c� ca w w H cw7 � w FC cC a ca w rx w w c� � a c� FC w w w w Q w El w o N � c� w w w E N w w N H i Q o � N a w rx w w v� x N � c� cC o aN w x H www "' z > N ca w w rw o x 0 w x o w cn ca N � w � w � w w w c4 a z w c�7 Q H � rx w 0 w rx a c4 N w H � zN w c� a w N o w w E U � N � w Q o w w w w O N aw � c7 N c4 i ca a cC o ry ca a �o C7 0 0 0 0 M N m 0 � - M � 0 - In 0 0 H z 0 M 00 M M 0 m 0 0 w w H o c7 z ,n cn o m �n co �, co o co �n o 0 LO 0 0 0 'n In o M Ln 0 o In cW7 x w acG N N 0 LN O m 0 LN m O O O �o ca O O �o O o � � w CCW 00 000 0LO0N0 00 w c� m m � ,� o� �o � 0 M N �0 0 0 0 'n 0 0 � :7 �l O 0 ,� 61 f� ,� In w z c� 0 O 000 0 0 000 0 0 0 0 ca o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w � cC 00 0000000 000000 00 0 El wx O ElU z w iN iN 0 m iN 0 In O 0 - a' U 0 a' w O M m OC� o 1� C� o o O O C� Ca H w ry' w OO Ln Ln0m 0 00 m 0OO H m N N N O m m O El ry' ry' O O w 0 H c o O N v o o o LO v m 0 o o � P-i C� C� O m N 0 7 O O O O O M O O f� x w U CG H ^-I El cD LO O O m O O N 61 N 0 00 rl 00 0 FC cn H � m N o in o 0 m w m H > 0 El z H N N O H H Ca r� w o x w ox O 00 O 000000 000000 00 o w 00 LO o LO N o o N 0 - 0 0 0 - 00 �o cn ca H O O N o - M Ln o o w w w In o Ln o w w c4 c� 0 O 000 0c 0 000 0 0 0 O a 0 0 LO o iN N o 0 N 0 0 0 0 - 0 0 �o 2 w 00 N 0 - M LN00 LNC Lo O H c7 C C m o Ll o cC a O cC z w cn H H > 0 0 w z z x H H a z El > x w w w z H w cC cn W 'z, � E,H O H H 0 cn H H co 0 0 cC ww H a0 aQ a a H o w a x o a z H w H w a > a a H x H H rx a > > z cnwH wH x H arx Hrz z wrx rxH wzx r� rzz cnc4a a zz H z w w w o H w w w H zcn cna� w rx wrxc� warx w cn za H o caw > w z w a � O z a H H x a0 H w H a x H H w o W W cC W U 2 cn � � 'z 0 a a w z O w w G W z O G W H a a w N z x a z x a z Q o u a0 w x w > o H a Q H w z o w cC 0co z Lo 00LnOona z OH ry' a w 0 c4 O O O N N N N cC ,� N , , a w 0 a z z m m h a y' O H ry' H H cC 'Z iN iN W iN H W U Hrl H rl rl rl rl rl rl H H rl rl rl rl rl H y' rl H U H 0 o o o a o o w o za rC cn i H c� i i i i i i H a i i i i i H H i H rx H Z, Pa C4 0 CD 0 0 0 0 0 0 0 0 0 0 0 o Pa o ho 000 00 x o00 0o y' o w o w ca a a co c� ca G W H El o�o x m m m cW7 x w a v o 0 w a s o 0 0 w z v 0 0 0 0 0 w a cC 00 0 El W H 0. O H x c� z w v o 0 w E H w w H Ca O w 0 o 0 a o 0 0 x w 0 0 0 ry cn a H w x H rw o x w o O 00 0 w 00 0 cn Ca H n n n w 0 CW7 N N N w w c4 v o 0 a 00 0 z w L cC a O W U CC W O U � cC El W H co W H 0 U cry O ry W H w a O wEl N z x a w H o w 0 � a H � O H c4 cn a a N z H a o a 0 0 I H H o H ca a U' l0 61 U U G W H ca n r� cw7 x w FC cC w w El z 0 0 0 0 ca n o o n n w o c� ryw � o N z w w � o Ca N w y w o N H o C C Q O x N a N ori ori 0 0 w H 0 0 o O x w 0 In w x H N m w N 0 H N o N N El OEl Q a 0 w •• o x w o O 00 00 0 w 00 00 0 cn ca N o0 00 0 w Q cw7 0 LO w z ca � o w w c4 0 0 0 0 a 00 00 0 2 w 00 00 0 o c� C7 Ca LO o c� 0 a O W z x W co wco a N co w x 0 U w O N H c7 u c> cn a w � c4 a a w N N w o a w H cn cn c� FC Q w El El 0 New w N w OG-i 0 0 0 a a O o 0 o cO Els a 0 0 O a cD 0 0 0 'a o 0 0 o a ca a I 61 C7 r) m M U U H z mm M 0 0 M 0 LO ,� � o� �o �n � w w H moo om oLoo ooL ca H 'n m m o O o1 Lo o Lo � cW7 x w a mm � opo cpm o Lo c» o mO Oc� O O1 w CC W a' o o O oo to l0 o 0 6 m1 0 Ln c� O � o o z x w z z coo 000 coo o 000 coo o ca o0 000 00 0 000 00 0 w �l CC o o ooo o o o o o o o o o El Wx O ElU z w f� In o O H o U l0 o wO O O O O O H W ry W Ln Ln o 0 o m o o LO H Ca U Ln Ln � � c� o� c� ,� o� 01 �o H I 'z cV cV In in O O H a o1 01 N N Lo z rx x z � w H c4o O c� o o o v o o Ln o v o� OOO OO c� OmO O1 o� x w u cG000 00 Lnr o 0o �o ry' cn H o w co m w In H > > O H O H H 0 w •• o x w o O o o ooo o 0 o ooo o 0 0 w o o � Ln o o � o 0 0 o cn ca H O O c m m m l m m m m m m w w w ca c7 Ln Ln Lo Lo In w � x w c4 coo 000 coo o 000 coo o a o o N Lo o oo c o o o c m zw oo ;m Lo Lo c� In H � � 0 z O cC z co W H co co H > 0 0 w w co z c4 H U H cn cn c� z cn cn cn FC c7 a z > o H z w w x a a Oz a H co co H w wad' a x0a z w H w a > a a H x H x a > > w H w H x H a x N 2 w w co co Ca 0 H z co co cC w cC U w a cC w co H Ow > w z w c4 H z co co oa wQ acnx a O w w xw za w w aoQ0 wco a a wz co co w wz0 W w H z N z x az < O c� cox 0 z w > o H a Q w z o w cC o co z LI) o o Ln o L,) �l W o cC O Ln -a FC m m hEl a O a H cC 'Z, 1l o g o 0 0 0 o o o o o W H O co FC cz z z FC co I El FC W FC H FC W H H z H H rl rl rl rl H H rl rl rl rl rl H F, U H H U' z cC O Ln O L �n �n � O 1l Ln Ln Ln Ln LO W O cn i H U I I i i H a i i i i I H H H cC H wo 000 0 co 000 o o a ca a a co c� ca O � 0 f rl H Z N 61 rl N NN C O N Ga W H OHO x cW7 x w aLO O ca NN Opo O 00 w cC w o OO o LO o� 0 M w c� o� Ln m Ln o M 1O 0 O C w z 00 O LO 0 0 ca 00 0C� �oo � O 00 w a cC 00 0 - m o 0 00 H oQ o O o O z H z w MLO - LO O Ca H w ry' w - 0 m m ,� �o O o� H rim m �o � H 'z, O O O LO 0 w 0 0 m o a M oC� NmC� N �n x w El a' O N N N f� O - f H ry' cn a LI) - 0 o - Ln � wcn ,� xH N C OHO �n m w N H > O H H 0 w •• o x w ox O 0 LO O 000 O 00 o - w o N o 0 0 � o 00 � cn ca H 0 0. r o 0 0 r O 0 0 w Q CW7 M H 0 0 H H w z o N In N N N w � x w c4 LO LO 0 O UO O a - 0 N O 0 0 O 00 2 w 00 0 0 0 O 00 H c7 ll�n o o Ln Ln C N N N C7 Ca O N LO H In L cC a O H co O U U O U] W a z > W w W 2 W H a w w 0 El w w w � Hz H � cn a w o a N a o a N o z z a a a a a H H w a w H x w 0 CC 2. H H 0 H H 0 CC O U] W W U 'z 'W O U' W W H 0 O a, caa a a� rx warxH z N z o x a x w a ax w H H H H O Ga P-i 0 N 0 0 0 0 a O o 0 0 0 o In H aH o � cn 'z caoo 00 00 0 o w H o wc7 w wNN NN NNa cnN Na ry a W H H El El rl H H H H H H H rl H H F( U H O 1l O H w O H H a cD H H H H H H a H H a a to 0l Q w ',moo 00 00 ,'moo o o m ca a cn c� ca N 2 oN (1) o �o � N � w w H o�� x cw7 x w a0 0 0 w cG w o m Mco Ln o mco m w z 0 0 o c 0 0 0 0 0 c 0 0 ca o0 00 0 000 00 0 0 w a cC 00 00 0 000000 0 El wx O ElU z w 00 0 m m m m m L w oc� C � � oN 1 � Ca N w FC w oco N ca U Ln m Ln Ln Ln Ln Il �o c� M 1 c� Ln o O O H o o In LO w N � 0 O c� o o Ln M 0 M In In a oC� � 1 � 1 o x w U cG H 'ri El o O o o w cncn x > C m w N > cC 0 H ,� LO ro �El 0 O H N 0 w •• o x w o O 00 In0 In 000 0 0 w 0 mo In o00 goo 0 cn ca N LI) o oc� o � o �n o w w w m Ln rc o rc 0 w � w c4 0 0 LO v LO 0 0 0 LO v LO o a 00 mo m 000 X00 0 2 w Lo0 Lo 0 - 0 0 LO 0 C r-�N r� o C7 Q N N In 0 H x N o cC a O � x x rx a w x E, o w w w a 0z wo > ww co co co co N N w co H z co N H N w a H U co w co a a s a O co co w ww au El ww aN � ww co zccou0 wQ H w a w o0 w a4 H co Q w zz — UEl x az w z N N a Q H w O x w zO r4 r4 w wwN x co O c4CO w -a aaw N N z x a o w a w N a z o Ga 0 ,� N U o in 0 �l O o o cC cn cV cV cV cV a w cC In In In In In O a 0 cC 'z ca o 0 0 0 0 0 0 0 o w o w w wmm mm a cn mmm mm a a co I - - - - El W LO LO LO LO LO El El C 'z cC x �n �n �n � O 1l Ln Ln Ln Ln LO El I I N H FC U i i i a i i i i I N H N �o 'a - w oo 00 x o00 0o 0 ry' o ca a co c� N U' �0 � (f� 61 M 61 61 O N N rl H Z `') N 61 6l O O a' Ga W H cW7 x w a o rc M M LO �o ca o rc C 1� w cC w 0 - o w U 0 M o �n C w z 0 0 v v 0 v o w a cC ooo 00 0 0 � O �Q C C C H N N N z w w o N N N H w w o o 00 LO LO o H 00 In f� O W H 0 U C O O N O O N N a' N N N N rl CL O O rl c1 N LO LO L� � LO x w o o El H in in in w x H N m w � H z H OEl Q 0 w •• o x w ox O 00 00 O 00 O O O w 00 LO o LO 00 0 0 LO cn ca H O O Ln O IL O O O O �n w w w Ca C7 rc m rc o w w c4 O O O v O v O v O O a 00 LO O LO 00 O O LO 2 w o Ln O O O O Ln M o H � cC a O z w w H c� z a 0 aH zyg: w co w o N w H z � a N C) w 0 O 00 H w O x a H w H x H wU H w H o o w w o Hcy N z H H a s Q a a s w w z H z w a OOHOa N z x w H H w z w H a H x o wz zoo - a Oa zo H O O O O � a - < O H H P-i c] 'x' I U U ,� ry' z caoo 0o O w0 o w w w Ln Ln Ln a LI) a a a W z H El E' F� rl rl rl rl H H rl H F( rl H H a xLO LO LO n O aO O O i i H a I H H� I H H a rD a a �o 0O w ',� 00 0 0 0 0 co 0 o o y' o u ca a co c� G W H El 0 o z o�o x cw7 x w a � ca w rx w w c� x a c� FC w z Q w El w o N x c� z w w ca N w ry w N ca c� H i Q o x N a w H cC 0 c� o aN U w N El wcn ,� xH N ca rw o a w x x o w cn ca N .wo w .Qo w w c4 a z w c�7 Q H x rx a 0 w c4 El x � N o w w z � N a w E x � z w o w w w i w a a o 0 O w y 0 co ca c� a 0 0 0 � N 2 0 0 0 w w H O z 0 0 0 o 0 0 cw7 x w a v o 0 w 0 0 0 xw 00 0 w c� 0 0 0 z o 0 0 a o 0 0 00 0 w z v 0 0 0 0 0 w � cC 00 0 Fl w 0 0. O N x c� z w v o 0 w o 0 0 Ca N w w 00 0 N U H i f� O � a x w H0 c o O c� v o 0 a o0 0 x w H El 00 0 z H O Q 0 w •• o x w o O 00 0 wo 0 0 'I N o 0 0 w Q w 0 0 0 w zca o0 0 w w c4 v o 0 a 00 0 2 w 00 0 H 0 0 0 0 0 0 0 a O co z rx w w a co x w N w a N z N w u O H co a U c4 w El Hz ww w o q a O co a w N H O G-i 0 0 U 'El Z U H P U 0 Z Z O zco m 1 wz N - El N a LO O O I N O i N N 0 a x 0 u ca a G W H El 0 o z o�o z cw7 x w FC cC a ca w rx w w c� z a c� FC w z Q w El w o N z c� z w w ca N w ry w N ca c� H i Q o z N a w H cC 0 c� o aN U w N El wcn ,� xH N ca rw o a w x x o w cn ca N .wo w .Qo w w c4 a z w c�7 Q H z rx a 0 w rx z c4 N w El H � zN w c� o w o z a o H < El z o E i w a El N ax, � c7 cn c4 o w 0 N ca a G W H El o c� z o�o x cw7 x w FC cC a ca w rx w w c� x a c� FC w z Q w El w o N x c� z w w ca N w ry w N ca c� H i Q o x N a w H cC 0 c� o aN U w N El wcn ,� xH N ca rw o a w x x o w cn ca N � w � w w c4 a z w c�7 Q H x rx a 0 w rx a c4 N w El H � El El Q a c7 w N o w z E U � � w Hz Q o w > w w El El o H ca a i L� c7 N N LO U m m U N M N 00 o M 00 z �o �o N � � � o o � ,� N 0 0 M � w w H 00 - N o 0 m cw7 m w o m 0 0 0 Lo � � � ,� o oMo 000 ,� m 1� 00 1 N w cC wm LO 0 000 o o 00 N m M In - 0 0 � N o m c� o z m w LO LO 0 z c� 0 0 000 o0c 0 00 00 0 0 ca o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w � cC 00 00000000 000000 0 El wm O ElU z w o 0 00 LO In m 0 w o 0 0 M 0 0 0 0 MC� O m N o o N Ca N w w 0 00 0 m o (1) 00 N H m o LO - o� fz O ry z rx m w N � 0 o 0 0 LO o 00 v LO m 0 0 o rc a o0 0� oc� o 000 0 � 0 000 �n x w c> cG o o 00 o m 000 0 m El ry' cn a N m (1) w co x H " N m o m w N > 0 El O H N 0 w •• o x w m ',�' O (n - 0 0 0 0 0 0 0 00 LO 0 0 LO o w rc rc - o 0 0 0 0 0 - o o o - c� cn ca N o o m o C o m o m N o C �o w w w z � m w w c4 �n �n o 0 0 0 0 0 0 0 0 LO o LO o a I - 000 000 - oc 00 - N ry' N o o m o 1 C o m o l m - N o C �o H � � cC m O H cn cC o a z 0 w 0 N a N > 0 0 El w m m w z H H a w cn cn U ', > cwn cn cn C7 cn w N Z > O N H Z cn H H ww r4 c4a a a zaN O N w w a x O m z w H z awa co > x as HxH x a > > H w w H w a N x N a 4 yz cr] CC CL P, N z w w H O H w H co CO El CC w CC U' U W �l CC W El o caw > wO a c2 0 U z a Nw awHa w w rxw > zcCO nz ac40 w wa cQmo0 o 0 w c7 O W H o U co m0 o N a w > o N a w w o w cG o co z m O o o iO o in a 'x �l w o c4 O in z cG m m h O 1 cq H 0 c'7 z a o ca0 000 000 00 000 N o wz w w o a wo 000 000 a cnoo 000 - FC CO - - - - - FC w - - - - - El H FC U' w cC O O O 1l O w O cn i N U i i i i i i i N a 1 i i i i i N cC N o ho 000 00o co 00o w o 'z ca a a co ca C7 � rl 0 �� U 0 0 0 0 rl H Z N N N O H l0 O l0 O O H 61 61 O C= W H O U Z. rl H M 0 l0 0 0 In 61 61 O ca H N m M om M� m w o 0 w � � w cW7 x w Coln In Ino 0L ca Ino m O O O m N N w cC w 00 M o M 0 M 0 o o N o o N o o M o In 0 In In z x w z x v O O 0 v O O O 0 v 0 v O 0 ca o0 000 0 00 000 0 0 0 w I-a cC 00 000 0 00 000 0 0 0 El wx O ElU z w N N N O In In 0 o U In w NN � o ,� In o0 000 In H w w o 0 0 o LON 00 H 0 ca c� N N � N � � � N o o In In In N O O m O In In I z rx x x � w 0 H 0 O N v o 00 In In In o o v In v o � x w u cGH 'rl l In In N O ,� O"1 6l In 00 0 O"1 In FC cn a ElH In In In In In� o m m N m m C m w In H > cC 0 l-1 rl rl In > O H OH H 0 w o x w ox O 00 000 O 00 0 0 o O O o w 00 000 0 oN Inoue o o � cn ca H In r o o C w Q CW7 In In o o �o a w x z � x w w c4 v O O O v O O O O v O v O O I-a 00 000 O ON LO O O 2 w OO - Inln - ;� Nr� � O O l-1 C7 In In �o N rl N O c �o C7 Ca In In N N � H � cC a O cC cC y O z a a � x w cn cn z co H > o co w w z Ell H H z l-1 cn cn z cn cn cn FC w cn a z o H z w a w w U 1a 0 z 1a a co co H w a� a x O a w H w > > wa as la H rx lawl-lw H El x Ha H x w rx rx z x Q z �n rx a z z H H z w w cn o ry l-1 w w w z l-1 z cn cn c4 c4 c� w I a c4 cn z a H w z H co m a n 0 w o w w w x w z w w O x x a, ca a c� wz cnwry co ww aow Haa Ia N Z x H CL Z FC 'z O cn m H H W FC coEl El El o -a Ca H C�-I H CC O coUN to 61 U o o In o a Z O H U rl Z l-a W o C4 C O O N N N CC rl In In In a W o a 0 W a w w U N N N m m m m a y O a H co 0 O W W W O I-a W O O O I-a co O O O O I-a O InEl co In In In FC w In In In In FC I-a In FC H FC W y' H 0 LO H � tO LO LO H l-1 tO LO LO LO H y' tO H cC O U H rl UI l-1 In O In In In O I-a In In In In O H In O w O W CL CC 0 h CD 0 w00 h o0 0o y' o w CD co ca a a co c� ca G W H El 0 o z o�o x cw7 x w a � ca w rx w w c� x a c� FC w z Q w El w o N x c� z w w ca N w ry w N ca c� H i Q o x N a w H cC 0 c� o aN U w N El wcn ,� xH N ca rw o a w x x o w cn ca N .wo w .Qo w w c4 a z w c�7 Q H x rx a 0 w a c4 N N w � H � N ca N o w a N El a z z E z a E i w o N w � c7 a c4 c4 o ca ca H c� H m o - o w w H ono cW7 x w a 000 moLn ooc� �ooc� 000 w CC W 0 61 o �o 61 o o o of o m 0 0 w c� rc Ln o Ln Ln o o m o c N o N c '� c0 In c0 o Lo 0 o o w In In w z 000 o o 000 o o c o o ca 000 00 000 000 0 0 w a cC 000 00 000 000 0 0 El W 0. 0 O N x c� z w o - o o Ln o o w � o o o o N w ry w mLo m mmLo m oLo 0 0 N Ca U c� rc �n o� � � o� rc �n H I cD 6l 1 l c1 0 o f N cD LO O Lo In In w o N c o O c� om o om � om o Um m a o 00 1� opo orco x w c� cC H ✓� o �' 0 0 l0 61 O o 0 m O - o 0 w co - x H � m - - � m w In N > cG 'z H In0 El z H OEl Q 0 w •• o x w ox O Lo m o o o o o o 0 o m In w Lomo 00 Lo Lo opo rc rc � o c � opo 9 w w w Ln co Ln Io Io In In w w c4 mmoo oo - ooc m m in m o o o in in o - o m In ry' N Lc (Ii Lno ( rlL oLI) o 9 (I z w m �,�co LoIn In C7 Ca o� Io Io 0 a O H ^ W FC o c7 cn cnw w ww a z w N 0 a a z 0 Q N w N o cn cn o w cn w H H rx z c� z zea � zH > w a ww H Hcn HFC cC w N FC c4 z cn z � O cn w m w x x a a z z w Q U U " W H El w w QN a � Hzwo wcco w w m N a w w o w w H x z 0 z w 0 0 O O o Ga W CC co N co Lo Lo Lo Lo o co 0. W Lo Lo Lo Lo Lo Lo Lo Lo - m 0. H1 a o W 'z a 000 .1 .1 000 000 o w w w w 000 o o 000 000 a a 6l 6l 6l 6l 6l 6l 6l 6l 6l 6l I Z W El Z 6l o 0 0 0 0 0 0 0 0 0 o El U' 0 0 0 F� W 0 H O cC O Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln O O rl U] H H 000 00 000 000 o w ca a 0 0 0 c� H z o0 0 G W H O C7 z 00 0 H ao x cW7 x w a v o 0 w 0 0 0 cC w 00 0 w c� x a c� FC w z v 0 0 0 0 0 w a cC 00 0 E, wx O ElU z w v o 0 w o 0 0 Ca H ww O O O H O O O Q o � H a 00 0 0 o 0 a o 0 0 x w 0 0 0 ry cn a H H r� rw o x w x x o O O O w LO LO LO w Q cW7 00 0 w c4 O O O a O O O ry' H z w H c7 0 0 0 cC a W U H CC W H W U] Q W O cn H ElW 0 H H O U W W H > 6l Q P-i CC G-i W o w H o w H w a w M H x a U El U 6l El W > z o o Q 0 may' may' w cn H cn o� H H a a O O O H H w H H o w w w H o o ca ca ca 0 N H 'z o 0 0 G W H • O C7 'z o 0 0 o II o aU O O N II w O O O II cG w 00 0 LO II � z m II N x a II z < - � u U O O o II O O O O II o w a cC o0 0El FC WQ O H W I I U O O 6 6 W O O O O II L H W FC W H H H N II H L U N N N O N O - FC H 0 O N U o o a O O O m II x w 00 0 m w In H > - II ElzH � � � N Illi o Q a z w •• I I �- xx' o w N N N cn ca H El w � x a;a; a; ori Illi � II w� II II a N N N H U H H H H c7 ca o 0 0 � II H I I O cC � W 7 Ga H � � H rx a w cn H a a ca �z w Q W CC O W w aHH c4 w z o w H OEl m w H a o Elo a w o W Ga H 61 H H ;7 a a O o I a z Z W H H El W N o w 0 H q 0 H H C7 U U U " - II - m U co M M II U H 'Z, 0 0 0 N N M O M N a' O Ga W HII II O O O O N O a min o oo ,� No o II �nm o �oo� m II N w cG w oco opo w II II - z �ai o 11 o o 11 H a u u 0 0 oc O o co o ca o0 0o O II o �n oo� o� II w • II CG o o o oO o o oEl o c0 N o wpQ o m II m El '7 6l N m U �o o Lo z H m N II In In II In In Lo o Lo o Ca N w < w o o Lo o II m m o m o II m H Ca U H N II m o Lo H I c 1 c O H O - x HInm II m � - o m II FC FC Lo Lo m II H H H In II o w o o II m Lo II Lo N H H II 0 O N Om Oc� cm II o m o m m Ln II a o0 00 o II iL om Oma N II H x w 0 0 0 o O II o 0 0 ,o o II o FC cn a H o m om II m o m H II wcnH xH ono m II � m o� � co II m w mEl > - CG in in 0 II H O H H H II N co Lo H N II H OH o H H ca II m m II m � w II II v O a o x O o o o oo II o N o m o o II o w N N II o Lo o N II o o �o ZW 6l 6l N c O II I � H H II H II CC II II O O O U O O N O m U O O Hl N N O Co O N O N O z w o o Lo c-O- O II cC m - II - II O o O II H H OH II H H II II El II II � N H Ca z w w o w x w H o w N w w z z w Q w o z o a w z zrx > c� z wry Baa rx � N x w z H a o w a w x H x x a x > Q N ow O z� w w N H N z zWz, z xz w I,- a Q Qz > m c a w � H w x z Qa u o w o w a z a W > x H a < H N a o '� ry' > N a w N N N O H W H cn W cC CC U :7 H W U W Q C4 H O > cn x Hl 2. W P-i G-i O O 'Z, > Ga H ', O El H P-i 0 O a U NH w O x O w o w cC N w N cC N C�N o � 2 o 0 o 0 o 0 o 0 o 0 o 0 0 n � GW H O Lo 0\0 H o N N II a m In Lo Ln o v o o 00 c II w cG w o o co co 0 0 0 0 0 o II o c c c m II 0 0 o o 0 o U ry' Lo Lo Lo Ln - - N m o z m o o In m In II w II x I I v o v o v o o v o o II ca o0 0 0 00 0 00 o II w a cC o0 0 0 00 0 00 o II El wx O El U I I z u w u In m Ln Ln o o II o 00 N 0 0 0 Lo Ln N H i c c O n H In In FC Ln Ln Ln Ln In II c II a o II N c o o O N v o o o v o � II a o 0 0 0 0 0 0 0 0 o II x w o o o o o o o o o O ry' cn a N o o Lo Lo o o Lo II In In II m w In H > CG 0 El OEl H a H Q 0 W O x G oa � O o 0 0 0 0 0 Ln Ln o o II w o� N N N II cn Ca H m N �o �o II wa,' ww II Ca C7 Ln W � � co co co II II w u c4 I I v o v o v o Ln Ln o o II z w H U o Co Co c7 ca o o 0 0 o II H n m o o o II 0 m . O In co 0 o II z z w 00 U w z z 0 0 a 0 0 0 www z o � z c7 o w w 0 uz w z > z O x �a H a N N < a a w w a W w H z z > z w z a s W W N x wH > N oc4 N wa x w > N z w w zw zr4 o W U] H W Z EH W U] U] U H x W W w z z > x N x x N www z z O z z O N E w W co O W W 2. O ~ 2. O Z o o > o h cn aoa > wo a ry' oa Ho oa w N O w ry' FC O ,' FC a FC w - m < cC 1 cC ',> > N 1F, N M N M M N c4 cn - O W - O c4 - - O I w N i N w w i N i N w i i N > N N > N co N x N N N o o H o N o o O o cC w H H ', 0 N I N z G W H o c� z cw7 � w a � ca w rx w w c� � a c� FC z w w z Q w El w o N � c� z w w E N w w N H i Q o � N a z rx w w v� x N � c� cC o aN w x H www "' z > N ca rw o x 0 w x o w cn ca N � w � z � w w w c4 a z w c�7 Q H � rx w 0 w c4 N H � o w z El a w � w H z w o N a N o 0 o w o w ca c� N 2 0 o �o �n w w H cw7 x w a opo c» � o O o o O O w cC w 0 ,� o 'z o 0 0 o O U o m w z 0 0 0 0 0 0 0 0 0 0 0 w a o 0 0 00 0 FCw 00 0 0 OQ O N N N o m z w o o w o o o Ca N w ry' w 0 m 0 O (1) (1) N O o c M m H 'z C o ll O w N � 0 O c� 000 v o 0 a o �n o o x w N � 0 0 mEl m N N w x H l o C C m w N > 0 H N N 2 N U O ,� OEl Q a 0 w •• o x w o O 0 0 0 00 0 w o 0 0 00 0 cn ca N o o.� C � ca c7 0O � O � � w w c4 0 0 0 0 0 a 0 0 0 00 0 2 w 00 - 0 - H U' C C7 Ca o cC a O w w w w w a a co x x w w N co w w w z DE z rx > zaw wN w N w w x w o ax H coco El El El H a z a O O w w N z x x a a w w w N 0 0 0 0 H w El � U [� 0 W C7 Z 0 0 0 0 0 o0 2 w w o 0 0 0 c� O cC rH� H F� 0 0 xi a' ate,' U i 0 O w a x El El 0 0 0 0 0 �o 0 w 'a o00 0 o O f� a n U' l0 N U N N n H C= W H o\0 CW7 � W CL n f� N LO O O ca m m o� cg m m w w c� o r\ o �o ,H o m o� U F� o In N N N w �o o o ca n O O O n n w -a cC r� o m o H H ry' w n o O �Q H c r c� o� 0 0 z o w co co co c) N w o Ca H H r\ ,H o 0 0 H 'z c O H o c o O N nOm U In In a m 0 0 0 m o� x w o m o El o� ry' cn a H 0 00 o 0 o 0 w co - x H m 10 - N m m m w In H > cC 0 El O H H m m m rw •• o x w o O n OO N N w In Lo o n � cn ca H of O o� ,H O O w . Q CW7 a' o N w z N o N N N n n n w c4 Lo o U N N H1 In o in ry' H - o m o o z w H C7 co o m co c7 ca coo o a O o H O W N FI 0 H O 0. 0�0 Ca co W H w w ca c4 c4 co o �a N N Q w Q Elax H wz o N a w z a H x 0 H z a a N w w Q x co H < < El o 'z H n co H H ,H co -a a w o o o o a a El El o o h w o 0 0 0 N O < fx El H M H H H cC H n n n n O O ,H i H ry' H i i i i H H a a a N N N N �o o u w u 0 0 o c� ca c� 0 U 0 0 0 N 2 0 0 0 GW H O C7 z o 0 0 Ca H o� x cw7 x w a v o 0 w 0 0 0 cC w o 0 0 w c� x a c� FC w z v 0 0 0 0 0 w a cC 00 0 Fl w 0 0. O N x c� z w v o 0 w o 0 0 Ca N w w 00 0 N U H i f� O � a x w H 0 c o O c� v o 0 a o 0 0 x w 00 0 El wcn ,� xH O Q 0 w •• o x w oa � O 00 0 w cn ca N � w � w w c4 v o 0 a 00 0 2 w 00 0 H 0 0 0 c7 ca O O O H x rx a O P N z w w 0 c4 El a cn a c7 E z N z o N z w x H cnwa w x w r� wz w �4c0nw � G-i 0 0 W Q o 0 H o z H o w N x 0 W � Z W O O z a om < N m N N a N O O O 1 0 H 1 N N w a a cD �o cD < o CD ca c� G W H El O cW7 x w a o M - 0 0 o O o 0 0 w w z w cG om om m w 0 0. 6 6 6 O N w 00 m m m w o O o N w w a o H El O N � 0 O c� o m x w ry cn a N m wc� N > cC 0 z N U OEl Q a 0 w •• o x w ox O 0 LO 0 L w o LO 0 LO cn ca N w Q cW7 0M 0 0 w c4 0 M M a o O o O O z w o - o H c7 0 of ,�0 0 w z c7 a o N � w w z � Q o z N a w w z z w H N n a z Q o N o " " w N H w z N a w w z adz xw ca o� Z, a a N H �' c� 'W O W Q H O 0 W Z W 0 0 0 o o 0 o a a N M El El a O cC H O O O O O i i i N N O �o c� U w ry' o 0 0 o w ca c� H z o o N �o � w w H O C7 'z o o CW7 � W CL In O Q O OC� M 6 W CC W 00 H H H W U 6l 6l 6l 00 O U < w z M 0 v M m ca opo o � � w a cC LO o E, w Ln o HOEl o o N w m 0 0 O H w w o In H H 1 1 C C Q O H a r� �0 0 0 z a 0 0 w 0 O c� Ln o m r\ r\ x w W U] H x H 6l 0. W H > x 0 H 0 r� w El 0 o x w ox O 00 00 0 w 00 00 0 cn ca H 00 00 O w Q CW7 N H � H H W Z Q f cv 0 0 r\ ,� �n o 0 w � � w c4 0 0 0 O a 00 00 O 2 w 00 00 0 C Q f N f 0 H x In 0 0 cC m O H H y H O W H z o w x > a w El H O Ha caw 0 PD W o x a x 0 o a El El � Q a � H H H z cn H HH Hw rz� zwo a� Hoo o < El W a w H w o z O O O H h O U Elx < a w z w 0 0 0 o 0 E, w o O OLO LO El M M El El H a W cC H LO LO LO O O i h FC H i i H H O �o c� c4 w ry' o 0 0 0 a 0 H z � II o w w H II m w u FC c4 ca m II N w II - z x II w II a c4 c� II N a w u o IIII N H x u w - u m II m w E H u w a w o u m H �i � m IIII o z cG m m II �n a FC - II c� cC o P, N II H x w u El o II o FC cn -a H m w m H > - rx H m II m z w •• I I �- xx' o o l l o w cn Ca H coo IIII w � x N IIII � II w u c4 I I o II o H coo cH7 Q o IIII cC m - II O C-1 II H II co W CC H H Q z w co a a a w H x H H H cn c4 w w w co co cocoQ oH H co H U L W u o El 'Z o w z z a Z W El W o w N w 0 H o H i N 2 0 o c� II o o II o 0i W H II II O C7 'z o 0 o II � 01 II o al FC cC w II II cG w 0 o - w c� o o LO LO o o - � u u o v o II v o II o ca o 0 o• II o o II o w II a cC o 0 o II o o II o El wx O El z Illi Illi w u u � � u w o c- II c� c� II O N W FC W O MO I I 0 0 I I cO N 0 ca c� o O O II o o II O H N o1 II C C II m O - II - II O H LO o In In II N N � c� cC o O c� m y m II v o II m o o II x w u c� cC N El cO o o o a N LOO II II O �Q w In H >-� O El El O H Q 0 W O x G o O oO Lon II O O II o w w ca c7 0o II o o II w z - II II w II II II II c4 u u o O O II O O II o LO LO LO LO ay' N H c7 0 o II 0 o II co N H Ca z w co a w x c� w c4 x O a w co H H U co w N o > co 'z w c� H cC N a w coco w H w a a w o a z w > a w a o NFC co w N co co co c4 c4 H w w IH a Ca El 0 � w O x O w C) w cC N w N cC i Nz 00 0o w w H II O C7 'z 0 0 0 0 o II FC cC w C� C� o o II cCw 00 oo 0 II w c� o0 o II z � u z Illi � u Q z z z z w z • II a cC 00 00 o II El wx O El z Illi w u w C� C� o oII Ca N w < O M II N 0 OO O II H N N O 'a H O O o o N � 0 O c� In In v o m II 0 0 x w N �El LO 0 0 m w m H > - II z >-� O NEl II O H a H Q 0 W O x G o O 00 O O O II wLO LO cn Ca N ca c7 0 0 o II W I I c4 I I vo OO O II a O O O II N I I H c7 00 o II cC m - II c W U CC O W co z O U o z z z H z z z z 6 W z z z coco w w N zwH z zr4 co o a z > z z z w z �a N N co z N H O w 'z o 'z o o N co woa H oa w I co l0 H 61 H Q zI O x I O a w w N w N x H �o 0 0 w 'z o H 0 o O 0 cC H 0 N In U' U U l0 U U P m H z 00 (1) 00 0 0 GW H O 00 0 00 0 0 ca H oo �OLO0 cW7 x w C a 00 m o 0 m m ca o o 0 1 w CCW 00 - 0CD 0 w c� oo X00 u < o 0 0 z a In In W 0 0 0 0 0 0 0 0 0 0 0 0 0 w SCC 00 000 0 0 El wx O ElU z w 00 � o U w o o 1 o N N Ca H w w 00 LO 0 m m H 00 0 0 H H l C C O O H In o In In mm w H 0 0 o O c� o 0 0 o U o 0 a o 0 0 0 0 0 0 x w CH El 000000 0 ry cn a H x o H o H H 0 w •• o x w ox O 00 0 O 0 LO LO wo o LO o LO LOcn ca H o o LO o 1 o� w Q CW7 00 O O W Z Q O In In w CC 0 0 0 LO U LO LO a o o LO o o LO LO ry' H 00 L0 - 0 M z w H c7 0 0 M ,� ,� 0 0 U' f� o CC m O H N N ry ry H H W H H W W U U CC CC H z z w w z H H H H w CC CC z z c� w 0 0 0 0 H w o 0 0 o H w w H cn N N N N U U cn U w a 00 0 0 � w x w N x � � � w H w H z o > co 2 - � X00 H H H W U FC U U W W U] H H H Q Q 2 ca � 00 000 'z o HCC w w CC o0 000 a H a El cn W M M M M M FC Cu FC W co H CO 6l 6l 6l 6l 6l H H Q CI I I L I O C O rl H F( U H H W H In InIn0 0 0 0 0 x o0 000 H 0 q q a q 0 u 0 N 2 o II o G W H o m w II FC c4 w II - � u ca o IIII o w II a cC o II o El wx O El U I I z u w u w � u � E N u w w II N N � x w u N o II c� FC cn ra N II m w m H > II - x z x o N oEl N z w ax O w cn Ca N IIII � � Q cw7 o IIII w � x N IIII u w u c4 I I �n II o N IIII � Q o IIII o N u w c4 x N H ca z w cn a w x � w N H cn c4 o H H x N a U 'Z w co O � w O z z a o N i w w N x Z w El w o w N w 0 N o N t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CONSENT AGENDA AGENDAITEM: 10.13. SUBJECT: Finance Department Purchase Orders for amounts exceeding $10,000 for the month of May 2018 SUMMARY: Attached is the purchase order report for May 2018 for amounts $10,000 or above. FISCAL IMPACT: See Attached. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2017-2018 CRA Budget CRA BOARD OPTIONS: Approve the Monthly Purchase Order Report ATTACHMENTS: Description D May 2018 Purchase Orders Boynton Beach CRA Purchase Order Report Month: May 2018 Vendor Amount Funding Source Description Monarch Pet Memorial $ 10,800 02-58400-444 Commercial Rent Reimbursement Monarch Pet Memorial $ 25,000 02-58400-444 Commercial Interior Build-Out Grant Monarch Pet Memorial $ 25,000 02-58400-444 Commercial Facade Improvement Grant Front Street Development $ 11,400 02-58400-444 Commercial Interior Build-Out Grant Beacon Consulting $ 10,800 02-58400-444 Commercial Rent Reimbursement Reflection Auto Body $ 18,220 02-58400-444 Commercial Facade Improvement Grant Alexis Knight Architect $ 10,200 02-58400-444 Commercial Rent Reimbursement Community Caring Center $ 57,681 02-58400-470 Nonprofit Organization Grant Program (NOGP) Habitat for Humanity $ 40,000 02-58400-470 Nonprofit Organization Grant Program (NOGP) T:\FINANCE\PURCHASE ORDER INFO FOR BOARD MEETINGS\VIIIB FINAL BACKUP- May 2018 Monthly Purchase Orders.xlsx t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CONSENT AGENDA AGENDAITEM: 10.C. SUBJECT: Approval of the Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for Funding Associated with the FDOT US1 Intersection Enhancement Project SUMMARY: On August 8, 2017, as part of the FY 2017-18 Budget discussion, the CRA Board discussed the funding of potential enhancements for US 1/Federal Highway as part of the FDOT roadway resurfacing plans. These improvements would include more cosmetic items to increase pedestrian safety and/or bike lanes at the larger or more prominent intersections within the corridor that will not be funded by FDOT. At their meeting on April 10, 2018, the CRA Board approved the project and funding to partner with the with the City of Boynton Beach and FDOT for the installation of an image of the City's Sailfish style logo within the following US 1 intersections located within the boundaries of the CRA Redevelopment Area (see Attachment I & 11): • Woolbright Road and US1 • E. Ocean Avenue and US 1 • E. Boynton Beach Boulevard and US1 • Martin Luther King Jr. Boulevard and US1 The Gateway Boulevard intersection could not be funded because it is outside of the FDOT project boundaries for this phase of their work on US 1 but can be reconsidered in a future phase. The cost estimates provided to staff indicate an average cost of $58,000 per intersection including a 20% contingency (see Attachment 111). The CRA Board approved funding in the amount of$230,000 to be used for the proposed interaction enhancements. Under FDOT guidelines, the official entity required to execute the formal agreement and funding commitment must be the City of Boynton Beach. In order to provide funding for the intersection improvements, the CRA will need to enter into an Interlocal Agreement (ILA) with the City. CRA staff and legal counsel have completed the ILA for the Board's review and approval based on the statutorily required language describing the terms and conditions for funding reimbursement (see Attachment IV) . FISCAL IMPACT: To fund $230,000 for four (4) CRA staff recommended intersections from the FY 2017-2018 Project Fund: Reallocate $125,000 from the E. Boynton Beach Boulevard Parking Project line item; $33,500 from the Housing Rehab Project line item; and a total of $71,500 from the Property Acquisition and Survey&Appraisals line items. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton, Federal Highway and Downtown Districts CRAAB RECOMMENDATION: Recommends approval to fund the proposed intersection improvements associated with the FDOT US 1/Federal Highway corridor improvements at the intersections of Woolbright Road, Ocean Avenue, Boynton Beach Boulevard, and MLK Jr. Boulevard/NE 10th Avenue for an amount not to exceed $230,000 dollars. CRA BOARD OPTIONS: 1. Approval of the ILA Term Sheet that can be used to represent the agency's commitment until such time as a formal ILA document can be approved for the proposed intersection improvements associated with the FDOT US 1/Federal Highway corridor enhancements. 2. Do not recommend approval of the ILA Term Sheet that can be used to represent the agency's commitment until such time as a formal ILA document can be approved for the proposed intersection improvements associated with the FDOT US 1/Federal Highway corridor enhancements. 3. Recommend an alternative after further discussion. ATTACHMENTS: Description D Attachment I - Proposed Logo Layout D Attachment II -Cost Estimates for Woolbright Road, Ocean Avenue, and Boynton Beach Boulevard Intersections D Attachment III - M inutes from 4.10.18 CRA Board Mtg D Attachment IV - Interlocal Agreement r O, r lI, , W Pg Sr ��f iI�(�}�r sI F IS� r t\I• r �,� o r � i c um>$�aa�®seas®'®®aaaaaaa®'®®aa®'aad'aa0aaaaaJ'aaaaaaaa� U� �;r11} � 'i ��'assess®®'6aaaaaaa6aa®�a��O�'aaaaaaaaaaaa®aaadaa a1 z 3 i ow`s aha®a1 1�5rrt s`� eases®� .®a®eases r s,4�]�, i r rt aaaaaa� Iz 77, �Ma�a�®�a�as MINE; ME o +I4£U r t r r Usi ►0�®'►i'tl� i I s '. ,,,'� 2 71�(.ukjl�)(9 S�t t�.r �a�I�a�E;" Oa�aP� nil cn rs i,„�� i t'� Ya��✓�ada�� lWli Z ps t r i f�s ' ay cv z q s a r'aaaaad Jr},l s�t s K 0�'aaadas r,, W i, F raraaaa �araaraa 1'{;t3t ,r e�e��ae � ! t S fr yti maaaaaAa paa'aa®'a® � ',y," WN MR, `IIIIHWN f.... \2 rrts 1 ®�M®�Eaaa�aaaOSk, aa��aa�a ��r-I�i��sii\(r�s alC�1<S< t 1 t r rs`„,sscr sl SS 1s i} *,-•t 1ST`>►a��a��J'®i`��!��`®!a ,'. WO � a� t, I .• „'* o-d'®®m ®'rOUR MIAMI MR? ®oaaaaaaaaaaaaa®aaaaaaaaaaa� rI � a®aaaaaaaaaaa®aaaaaaaa®aaa o r � r ry le, is Ur)ir i t ,r sa ) r j 1�r sG>>S is rr4 1} r 3 Vj sPillizi s rQ 7rt i r; riI + 11$� ? �srMl�`1 s1r i 11 �3, �� i{lyi�Ai r� � ' `' � ��l t'� ESS} � �,�h �� y,, k � �• I \ii A " �rE t c I r u`' t �1 f g rt -- � � t '•,_ 2 t 6t ��t'�( �'� rt�v"� k' � � ,1.E t �. t�h �` } =E. ty, , r �f , t l� � 4t E. BOYNTON BEACH BLVD./ US1 INTERSECTION PAYITEM DESCRIPTION JUNITS JOUANTITY JUNITCOST COST 523-1 PATTERNED PAVEMENT ISY 1 547 1 $ 90.00 $ 49,201 SUBTOTAL $ 49,201 CONSTRUCTION SUBTOTAL $ 49,201 20% LFA CONTINGENCY $ 9,840 TOTAL $ 59,041 E. OCEAN AVE./ US1 INTERSECTION PAYITEM DESCRIPTION JUNITS JOUANTITY JUNITCOST COST 523-1 PATTERNED PAVEMENT ISY 1 512 $ 90.00 $ 46,119 SUBTOTAL $ 46,119 CONSTRUCTION SUBTOTAL $ 46,119 20% LFA CONTINGENCY $ 9,224 TOTAL $ 55,342 E.WOOLBRIGHT RD./ US1 INTERSECTION PAYITEM DESCRIPTION JUNITS JOUANTITY JUNITCOST COST 523-1 PATTERNED PAVEMENT ISY 1 513 $ 90.00 $ 46,165 SUBTOTAL $ 46,165 CONSTRUCTION SUBTOTAL $ 46,165 20% LFA CONTINGENCY $ 9,233 TOTAL $ 55,398 $ 169,781 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 the City and incorporated into the Cityscape. If the Church wants to keep it and the Board did not include it as a stipulation, he did not want to see the deal fall through. He believed the church would preserve it and hopefully they would offer ideas. Mr. Simon explained the CRA is purchasing the building and inside the building there is recognized art. The property is owned by the Church, but the artwork is affixed into the structure so to sell the structure, a fixture is generally thought of as non-removal. If the artwork was on the site and the Church owns it and wants to take it, it should be written in the contract. The CRA did not buy the property with the added value of the art included in the value of the property. Board Member Casello thought the CRA could incorporate it into its own landscape or buildings, or if it is important to the Church, he would not object if they took it with them. He wanted the art preserved. Chair Grant understood, if it is a fixture and an exterior window it is purchased as part of the building as opposed to a painting on a wall. He proposed staff discuss it with the congregation to ensure the CRA will preserve any type of art in the building and any fixture they are also willing to preserve those artworks as well. There was consensus. Attorney Rossmell requested clarification the Board does not wish to clarify the contract to state that or they do. The Church already signed the contract and the Board did not want to let anything fall through. Under the GRA's interpretation, a stained glass window would be considered a fixture versus a piece of art that is hung up. Staff will have the discussion that any other pieces of art would and the CRA would maintain and preserve for the future. If the Church takes out the stained glass window, they will have done something to the building before the CRA purchases it. The agreement will not be changed, but it is a discussion the Board wants staff to have. 14. New Business A. Consideration of Purchase and Sale Agreement for the Properties Located at 211 NE 9th Avenue and NE 11th Avenue Motion Vice Chair Romelus moved to approve. Board Member McCray seconded the motion that unanimously passed. B. Consideration of Funding of Intersection Improvements Associated with Florida Department of Transportation US 1/Federal Highway Project Thuy Shutt, Assistant CRA Director, explained this item is not funded in 2017/2018 budget. In August 2017, the Board had discussed what to spend on the enhancements of US 1 as part of the FDOT road resurfacing plans. These were cosmetic items to increase pedestrian safety and/or bike lanes at a larger or more prominent intersection within the corridor that it is not funded by base elements of the resurfacing job. Since the budget had to be adopted, staff did not have the prices and FDOT did not progress far enough along with their plans, the Board did not allocate an amount for improvements. 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 On March 15th, City and CRA staff had a conference call with the FDOT for improvements at three intersections all on US 1 at Woolbright Road, Ocean Avenue, and Boynton Beach Boulevard. Improvements included patterned pavements on the crosswalks to make the intersection more visible. The improvements are an upgrade because the improvements being made by FDOT is more than what staff anticipated in the past. With the City's recommendation, there should be some highlights of the intersection. The FDOT will install lighting at intersections for pedestrians and will have bike lanes and resurfacing. City staff recommended another four intersections in addition to the three already mentioned which were on Gulfstream, SE 23rd, Gateway and MLK Jr. Boulevard. The preliminary cost from the City engineer is about $58,000 each. These intersections on Ocean, Woolbright and Boynton Beach Boulevard in addition to MLK will be more prominent and more effectively be seen and visible. The other intersection at Gateway and on Gulfstream already has a vertical entrance sign that signifies departure and arrival into Boynton Beach. The improvements would highlight the intersections and give a sense of arrival to the City. Funding would not exceed $230,000 for the four recommended intersections. Vice Chair Romelus liked the improvements, but favored adding Gateway Boulevard to the set of intersections and substituting it for Ocean Avenue as it already has several embellishments such as Cavalcade. She noted Boynton Beach Boulevard was nearby and she thought having two embellished intersections next to each other was not good and she favored Gateway Boulevard as the alternate. Board Member Casello asked if the funds have to be used only for paving and learned it could be used for anything in addition to the resurfacing. She clarified they were using a thermal plastic paint, not pavers and it was cosmetic. Board Member Casello asked how it would improve the beauty of US 1. Ms. Shutt explained it would accent the intersections to have something other than asphalt. The FDOT no longer approves pavers in the right of way based on maintenance issues. The improvements are aesthetic. Maintenance would be handled through an Interlocal Agreement between FDOT and the City for anything in addition to what FDOT cannot maintain. Board Member Casello commented that initially, the roads will look good, but they do not hold up. He questioned whether the money could be used for anything else on US 1 as opposed to using thermal plastics. Ms. Shutt commented they could look into it. Mr. Simon explained staff was bringing information to the Board that was mentioned at the FDOT meeting. All the items the Board wanted to spend the money on would be paid for by FDOT including the pedestrian and bikeways. They have gone above and beyond what the CRA could have paid for. This is the only option the CRA has with the FDOT for this project. Ms. Shutt explained FDOT will bid the project and design it, otherwise the CRA would have to do that and go through the permitting procedures in the future. Board Member McCray wanted, in addition to Ocean Avenue, to include Gateway. He favored removing the pavers on Boynton Beach Boulevard and making the roadways beautiful as they will be a focal point with the Town Square. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida April 10, 2018 He proposed to increase the line item from $230,000 to $287,000 or whatever it would take including enhancing Ocean Avenue because it would be a destination. Chair Grant asked what direction the top of the Sailfish logo should face because it makes a difference where motorists would drive. He commented a good example of this type of thermal plastic was on Fern and Tamarind in West Palm Beach. He thought having artwork on the road promotes bike and pedestrian traffic. Vice Chair Romelus requested clarification the City would have to maintain the thermal plastic and learned they would. Ms. Shutt explained it is a similar material to what is on Atlantic Avenue and NW SW 12th. It will withstand some of the heat, but there will be wear and tear on it from vehicle traffic and they would have to seal it. She did not have cost for the plastic but commented the city engineer should have those numbers. The CRA and City were part of the call and the City did not identify anything further than what the State was doing. The medians are not included in the improvements made by FDOT, only the resurfacing, restriping, bike lanes and some intersection lighting and crosswalks. Ms. Oyer asked if the thermal plastic was used for the 1-95 logos. Ms. Shutt did not know, but she had an example of the material. She suggested the top of the sailfish face towards the ocean. As per Board Member Casello and Vice Chair Romelus regarding the wear and tear, she asked about doing something on the corner or on the sidewalk such as ocean waves drawing people to the ocean. She thought there may be less wear and tear, but it would stili beautify the area and all would see it. Chair Grant felt Gateway and US 1 was inviting to motorists driving north to south, and the top of the sailfish should be on the south side. Entering the City from the south, the top of the sailfish should face north. Mr. Simon had images showing the product and the intersection of Ocean, Boynton Beach Boulevard and Federal Highway and the bill of the sailfish was pointing east. Board Member McCray suggested bringing back visuals. Mr. Simon explained the issue for the Board is whether or not the CRA would pay for the thermal plastic. The Board had until December to decide which way the Sailfish bill would point. Motion Board Member Katz moved to approve the improvements at the five intersections. Board Member McCray seconded the motion. Board Member Casello thought the money may be better spent beautifying US 1 than putting thermal plastics down at intersections not knowing how maintenance would be needed and how they would be repaired in the future. The motion passed 4-1 (Board Member Casello dissenting.) C. Discussion and Consideration of Lease Terms for the Property located at 201 NE 9th Avenue 21 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE PROJECT TO IMPROVE THE SPECIFIED INTERSECTIONS LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH : WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan ("Plan") calls for the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan; and WHEREAS, the CITY and the CRA desire to provide funding for an intersection improvement project(the"Project")for the intersections of US I and: Woolbright Road, E. Ocean Avenue, E. Boynton Beach Boulevard, and Martin Luther King Jr. Boulevard (collectively, the "Intersections"); and WHEREAS, the Intersections are within the boundaries of the CRA Area, and more specifically, in the Downtown and Federal Highway Corridor Districts; and WHEREAS,the Project is intended to improve the aesthetics and function of Intersections and will occur as part of a larger improvement project being undertaken by the Florida Department of Transportation; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial economic impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 00986798-1 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Two Hundred and Thirty Thousand and 00/100 Dollars ($230,000.00), for improvements to the Intersections consistent with the terms of this Agreement, to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a written request from the CITY for payment, which request shall comply with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the Florida Department of Transportation, and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance Florida Statutes 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request")to the CRA no later than 45 days after the Project achieves substantial completion. The request shall include the following information: i. Evidence the Project has achieved substantial completion as evidenced by a fully executed Certification of Substantial Completion; ii. The amount of reimbursement requested; 00986798-1 iii. A summary of the Project improvements for which the City seeks reimbursement; iv. A statement that the Project is in compliance with the Plan and Florida Statutes and evidence supporting the same. v. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. b. The City will only make one Reimbursement Request. No subsequent or additional requests, even if such requests would otherwise meet the terms of this Agreement, are eligible for reimbursement. C. Upon receipt of a Reimbursement Request from the CITY deemed complete as meeting the requirements of this Agreement,the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty (30) days of receipt of the Reimbursement Request. d. If the CITY fails to submit a Reimbursement Request within 45 days after the Project achieves substantial completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the City in writing. The City shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the City fails to provide the documentation required by the CRA within 30 days, the City shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the City for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible to the CITY for providing reimbursement for eligible expenses for the Project,and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA,its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise 00986798-1 related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA,its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any requests submitted after the CRA reimburses the City, or after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Council and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms 00986798-1 specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this 00986798-1 paragraph. For the present, the Parties designate the following as the respective places for giving of notice. a. CITY: Lori LaVerriere, CITY Manager CITY of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 00986798-1 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity,waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF,the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Judith Pyle, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney 00986798-1 Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Office of the CRA Attorney Steven B. Grant, Chair Date: 00986798-1 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CONSENT AGENDA AGENDAITEM: 10.D. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the amount of $10,800 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides eligible new or existing businesses located within the CRA district with rent payment assistance for a maximum period of 12 months within the first 18 months of a multi-year lease. CRA staff has received a complete grant application from Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue, Boynton Beach, FL 33435 (see Attachment I & 11). The King's Learning Center's vision and business model reflect providing quality, comprehensive and innovative child care services to all children, particularly those residing in under-served communities, which is the top priority. Under the terms of their lease agreement as a tenant of 101 NE 5th Avenue, the base rent required to be paid is $5,000 per month (see Attachment 111). The King's Learning Center, falls under the terms of a Tier I I business (as specified in the grant application) and if approved, the applicant is entitled to receive reimbursement for half of the monthly rent amount or maximum grant amount of$900 per month for a 12 month period, whichever is less. The applicant meets the eligibility requirements under the Commercial Rent Reimbursement Grant Program guidelines and, if approved, will be reimbursed on a quarterly basis with proof of rent payments. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Economic Development Grant Program Line Item 02- 58400-444, $10,800 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Rent Reimbursement Grant not to exceed $10,800 to Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease BOYNTOWANO BEAC RA' October 1, 2017 — September 30, 2018 BOY TON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL RENT REIMBURSEMENT GRANT PROGRAM Program Rules and Regulations The Commercial Rent Reimbursement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistant to new and existing businesses in the form of rent reimbursement intended to help businesses during the critical first year of operation. The CRA reserves the right to approve or deny any Commercial Rent Reimbursement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The receipt of past payments is not a guarantee of future payments. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the CRA District for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com Incentive Funding The Commercial Rent Reimbursement Grant:Program offers financial assistance in the form of a reimbursable grant in the form of a quarterly rent reimbursement. The time period of eligibility for assistance is up to six months from the issuance of the City of Boynton Beach Business Tax Receipt. Rent Reimbursements will not be paid until all construction has ended, City and County licenses are obtained and the business is open for operation. The CRA will issue reimbursement on a quarterly basis directly to the applicant for the monthly rent payment made to the landlord upon receipt and verification that the payment has been cleared by the bank. The responsibility for all rental payments is between the contracted parties to the lease, as such the tenant and the landlord. As grantor the CRA neither bears nor accepts any responsibility for payment of rent at any time, nor penalties incurred for the late arrival of payments by any party. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • An existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility Initials(.'s Page 2 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561)737-3258 www.catchboynton.com requirement for funding. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher to be eligible. If one or more business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • Applicant must have an executed multi-year lease (two year minimum). • The Commercial Rent Reimbursement Grant Program may only be used one time by any one specific business entity or business owner. • Grantees shall allow the CRA the rights and use of photos and project application materials. Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Rent Reimbursement Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits . Fitness Centers over 4,500 sq.ft. • Check Cashing Stores . Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars . Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval. Initials'k r Page 3of13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com IT Tier One Business (Full-Service Restaurants Only) Tier One Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $1,250 per month, whichever is less (maximum amount of the grant is $15,000). Only full service restaurants with a minimum total seating capacity of 50 seats are eligible to be in Tier One. The restaurant must have hours conducive for the development of the downtown serving at least lunch and dinner. Proof of seating capacity shall be confirmed by a copy of the City of Boynton Beach Local Business Tax Receipt. Tier Two Business Tier Two Businesses are eligible for reimbursement for up to half (50%) of the business's base monthly rent or $900 per month, whichever is less (maximum amount of the grant is $10,800). Tier Two Businesses must be one of the following types of businesses: • Restaurants with total seating • Clothing Boutique — clothing, shoes capacity under 50 & accessories • Gourmet Food Market • Bakery • Bed and Breakfast • Medical Offices • Marketing Offices • Accounting Offices • Law Offices • Real Estate Offices Fitness Center less than 4,500 sq.ft . Insurance Offices (no more than 2 approvals per fiscal • Florist (no more than 2 approvals year) per fiscal year) • Specialty Businesses— stationary, . Hair/Nail Salons (no more than 2 gifts, sporting goods approvals per fiscal year) • Home Decor/Design — home furnishings, art galleries, kitchen wares Initials,CIL Page 4 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Subletting of the property by grant recipient is prohibited. Violation will constitute repayment of CRA grant funding. The CRA considers the following to be subletting: Any business entity in which the A) grant recipient is not listed as the registered agent, owner, officer or director of said business; B) lists its place of business as the leased premises of the grant recipient; or C) has obtained a business tax license from the City of Boynton Beach for the grant recipients' leased premises or any part thereof. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initials Page 5 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first served basis. Application packets must include the following documentation: 1. A non-refundable fee of $100 is required to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2. Resume for each principal/owner of the business. 3. Copy of the corporate documents for the applying business entity. 4. Copy of City and County Business Licenses (Business Tax Receipt). 5. Copy of executed multi-year commercial lease agreement. 6. Two years of corporate tax returns (for existing businesses only). 7. Two years of personal tax returns for the principal/owners of a new business. 8. List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 9. If an existing business must expand to occupy more than 50% of its current square footage size. Verification of this threshold must be provided in the application package. Exceptions to this rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site. 10.Completed and signed application (attached). 11.Authorization to perform credit check for the business and each principal/owner of the business (attached). 12.W9 Form (attached). Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. Initials Page 6 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737-3258 www.catchboynton.com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement Quarterly rent reimbursement payments will be provided to the grant recipient beginning the first month the business is open for operation subsequent to CRA Board approval. A maximum of 12 consecutive monthly rent payments will be reimbursed to the approved applicant. Each report shall be made within 10 days of the start of the next applicable quarter beginning on January 1St, April 1St, July 1St and October 1St following the initial Reimbursement Request. In order to receive quarterly rent reimbursement the grant applicant must submit the following: \Id Written request for reimbursement. 2 Proof of rent payments (i.e., copies of the front and back of cancelled checks for that quarter's reimbursement or proof of direct deposit). If applicant does not submit its quarterly reimbursement request within 30 days following the end of the quarter in which applicant is requesting reimbursement, applicant forfeits that quarter's reimbursement. Initials Page 7 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Discontinuation of Payment The receipt of past payments is no guarantee of future payments. The CRA retains the right to discontinue rent reimbursement payments at any time according to its sole and absolute discretion. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. ,%%I Initials _ Page 8 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561) 737-3258 www.catchboynton.com BOYNTON tttjig i - RA BEACH WOM 11 C APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): Current Business Address: Fed I D#: V — L-�u H o l Business Phone Number: 6(o Ur'-] Fax: Website: �-vunccyA earr) on Existing Business: Yes No Number of years in existence: Time at Current Location: -G( _ New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: Square footage of current location: _Square footage of new location: Type of Business: ON I ' ssV'(- Cf--- Number f=Number of Employees: Hours of Operation: j)- ( 6M ��j`3C �M Page 9 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737-3258 www.catchboynton.com r BOYNTONMOSIMBEAC { ,CRA, APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: �` y; F- I I Date of Birth: --5--- `13 Email f1t+G�ViG h -II'� Q1�-) , coI1 Residential Address: awh c a- ( c-� 21 Cell Phone Number: 2. Principal/Owner Name: 1DfF Date of Birth: 1-20 Email Lvn.l-y V-(nC�0,� c Q mcci 1. CO3,A Residential Address: S()I t\)two'')M �e�6 -8QlA�F 63 . CC--- 3-340-1 Cell Phone Number. 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 10 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com r B E AVC. ,H Y 4 r BOYNTONCRA, APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? Yes No If yes, what additional programs are you applying for:Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: C 101'tC :i r-- T arl Gni I Landlord's Mailing Address: 13)-5 ( 6-5� -TrA C.S WCC LA 1 f (l El_ 6q(OCA Landlord's Phone Number: L7Lo(•g 0 4•S q l CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. Initials + Page 11 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com U , l i BOYNTONt It Y r r BEACH APPLICANT INFORMATION I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer benefiting the furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the Boynton Beach Community Redevelopment Agency to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials Page 12 of 13 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737-3258 www.catchboynton.com t BOYNTON APPLICANT INFORMATION APPLICANT SIGNATURES: �)kal�u 1. Princi I/Owner's O nature Date Printed Name Title 2. Principal/Owner's Si nature Date ., � Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF `�— L n � COUNTY OF p- � BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared VnO,, who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this +in day of /V`a 20 . NOTARY PUBLIC My Commission Expires:Ov" m Aieshia Char NOTARY PUBLIC STATE OF FLORIDA Page 13 of 14 Corrin#GG039482 Rent Reimbursement Expires 10/17/2020 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com cr APPLICANTBOYNTON' L.==BEACHICRA INFORMATION PP'LICAE SIGNATURES: Orin alilowrter's 5,ignature - _._. Late t Printed Name Title 2, 4Date Priv ifaa#iC?wner's Sig tore Ye `r Printed Name Title 3. PrincipallOwner's Signature nate Printed Name Title 4. Principal/Owner's Signature gate Printed Name Tine Notary ars to Prrrrcfp811OWner s Signature - ltrtflple mately pages may be used IB signing individually STATE OF �w COUNTY OEt, BEEGRE. ME, an officer duly authorized by law to administer oaths and take F acknowledgements, personally appeared t bay , who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, l have set my hand and official seal in the State and County aforesaid on this 1 l) day of 20 NOTARY PUBLIC Italy Commission Ex � ;Z-rAny Puetmo TATE OF ftORDA PaPage 13 of 1 °� 3 � Epirus 1ta1t7l2 ,{3tt� Commercial Facade 710 North Federal Highway,'Boynton Beach;FL 33435--Phone:(561)737-3256 Fax: (561)737-3258 www-catch oynton.conm I BOYNTON' ', BEACH ,,CRA LANLORD INFORMATION LANDLORD SIGNATURES: rl 1. ll L n�jlprd's ig atur Date ( �\ C �'1 c Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF XAo r')C-A- COUNTY OF 2ptN\ —oc BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared i(e who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ((+h day of 20 Q5 NOTARY PUBLIC My Commission Expires: Aeshia Charles NOTARY PUBLIC STATE OF FLORIDA Page 14 of 14 (Vif Comm#GG039482 Rent Reimbursement Expires 10/17/2020 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737 -3258 www.catchboynton.com 5/16/2018 PAPA Maps DOROTHYJACKS �CFA,AAS {}1 syr5i4fity Palm Beach County Property Appraiser _ Rh ne44 Search b Owner,Address or Parcel ®. gi 00 View Property Record 33" ] Owners.. GIRT MAN GAY LE PROPERTIES LLC Property detail u>vu, Ave luw etl,'�ve oc -.:oil 101 NE 5TH AVE Murmcioahty BOYNTON BEACH - .a.r ce i No. 08434521000005010 Su �iorl2y Book 28947 Page 825 �s Sale:te=. MAR-2017 1 315 W INDIES WAY mading Addres.,s., LAKE WORTH FL 33462 4265 - �' e. 7200-PRV SCHL/COLESquare Otad 4963 e e ` k 1yE 5t17 Ave Sales Information Sales Date Price t,t MAR-2017 10 MAR-2017 10 i„JI I - DEC-1987 100 - DEC 1987 40000 Appraisals Tax Year 2017 vn v ._ rl"V'a.:ue=. $312,978 I'm e. e. ..i-arld V .ue=. $78,750 j k ..�(),:ai ?.a_te...Va..we=. $391,728 All values are as of January 1 st each year - yi�PittYA Assessed/Taxable values i� mid Tax Year 2017 A^sesse t.. e=. $391,728 i-xer=Jorl Amount S 0-R, axabi re -� e Vaiue 391 728 Taxesv� zn Ave s n+ 4:r, Ave Tax Year 2017Ad t .o.e.m $8,365 . ,� t :e..'^ $2,343 $10 708 EFM�J http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521000005010 1/1 Florida Commercial Lease Agreement This Commercial Lease Agreement("Lease") is made and effective ye� I / 9 I . [Date],by and between Li(dMM-dW le V d Landlord] ("Landlord") and [Tenant] ("Tenant"). I R" Landlord is the owner of land and improvements commonly known and numbered as 101 N.E. 5th Avenue, Boynton Beach, FL 33435. Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term,at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Term" beginning July 1st* 2018 [Start Date] and ending June 30th, 2021 [End Date]. Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. B. Tenant may renew the Lease for one extended term of Two-(2) Years [Renewal Term]. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 2.Rental. A. Tenant shall pay to Landlord during the Initial Term rental of$5,000 per month. Each installment payment shall be due on the first da of each calendar month during the lease term to Landlord at T-t\ --Lu P�wk--aowuz-it -6w 6 - ' L [Landlord's Designated Payment Address] or at such other place designated by written notice from Landlord or Tenant. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be$5,000 per month. C. Tenant will provide the Landlord with First and Last Month's rent, a total of$10,000,which is due June 30, 2018. 3. Use It is understood and agreed that the subject premises shall be used by Tenant only for the operation of Daycare/Childcare Facility. Tenant shall not use or occupy, nor permit the leased premises or any part to be used or occupied for any unlawful business use or purpose, nor for any business use or purpose deemed disreputable or extra-hazardous, nor for any purpose or in any manner which is in violation of any present or future governmental law or regulation. 4.Sublease an!A1§jggMML Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. 5. gpairs. During the Lease term,Tenant shall make, at Tenant's expense, all necessary and normal "wear and tear"repairs caused by normal business operations to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except leasehold improvements such as major mechanical plumping, electrical (MEP) systems, Roof and other structural elements, subject to the obligations of the parties otherwise set forth in this Lease. 6.Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel,redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7®RK2MLi:!y Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes, Florida Sales/Use and/or Federal taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. g. Insurance. A. If the Leased Premises or any otherlpart of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. 2 AY\ /A B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least (10) days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 9. Utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Tenant shall have the right to place on the Leased Premises,at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. 11. Ent Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. a aye a estrus 'nn. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. Tenant shall be relieved from paying rent and other ch ,r;es Al- 0� 3 during any portion of the Lease to that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable orunfit for occupancy or use, in whole or in part, for Tenant's purposes. 13. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the to of this Lease. 14. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 15. Right to Sell Leased PrMpgrt y The Landlord has the right to sell the property during the duration of the lease. However, Landlord must give the Tenant the right of First Refusal. This obligates the Landlord to offer the Tenant the right to be the first buy the property before opening the option up to other buyers in market. In the event the Tenant declines to purchase the leased property, The Tenant will have a right to continue the original lease agreement until end date. Tenant will be entitled to recover re-modeling costs that improved the value of the sold property. 16.Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail,return receipt requested, addressed as follows: If to Landlord to: 1 6 7&116 PuM-ba J-J-P- [Landlord] IA/f [Landlord's Address] If to Tenant to: r Ise, . (14 �J Y- [Tenant] ;4—" [Tenant's Address] Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 17.Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant,to or condition. 18.flgLdt Lngs. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 19. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 20.Consent Landlord shall not unreasonably withhold.or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 21. ComoHance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 22.Final Aereement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a ftu-ther writing that is duly executed by both parties. 23. Governina Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. IN WITNESS VMEREOF, the parties have executed this Lease as of the day and year first above written. [L4ndlord] i azure Block Date [Tenant] Signature o Date J [ ant] Signature Block Date T Y PUBLIC STATE OF FLORIDA ExpWes 10/17/2020 6- t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CONSENT AGENDA AGENDAITEM: 10.E. SUBJECT: Approval of Commercial Interior Build-Out Grant Program in the amount of $12,424 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue SUMMARY: The CRA's Commercial Interior Build-Out Grant Program provides eligible (new or existing) businesses with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of building interior improvements. Eligible improvements under the program guidelines must be permanent and stay with the building. CRA staff has received a completed grant application from Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue, Boynton Beach, FL 33435 (see Attachments 1-III). The King's Learning Center's vision and business model reflect providing quality, comprehensive and innovative child care services to all children, particularly those residing in under-served communities, which is the top priority. As a day care center, the applicant falls under the terms of a Tier I I business, as outlined in the grant application. The overall renovation project is approximately $50,000. The Commercial Interior Build-Out Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible interior improvements up to a maximum grant total of $25,000. The applicant is seeking reimbursement for the costs associated with the interior improvements for lighting, plumbing, HVAC and flooring totaling $24,847 (see Attachment IV). If approved, the applicant is entitled to a grant maximum of $12,424 in reimbursable funds. The grant is reimbursed once a Certificate of Completion is obtained and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Economic Development Grant Program Line Item 02- 58400-444, $12,424 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Interior Build-Out Grant not to exceed the maximum grant award of $12,424 to Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Interior Build-Out Application D Attachment II - Location Map D Attachment III - Lease D Attachment IV -GC Quote for Interior Improvements BOYNTO � �,s wm&BEACH CRA October 1, 2017 — September 30, 2018 OYNON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL INTERIOR BUILD-OUT GRANT PROGRAM Program Rules and Regulations The Commercial Interior Build-Out Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the CRA Community Redevelopment Plan. Improvements paid for by the CRA must be permanent and stay with the building. The CRA reserves the right to approve or deny any Commercial Interior Build-Out Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. For purposes of this application, the term "new business" means a company in operation for less than six months or relocating to Boynton Beach. The term "existing business" means a company that has been in operation within the CRA District for a minimum of two years at the time of application and has at least two years remaining on its existing lease. The term "project" means the eligible interior improvement project for which the applicant seeks reimbursement. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Initials Page 1 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Incentive Funding The Commercial Interior Build-Out Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $45,000 to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City at (561) 742-6067. Attached is the ReNew PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher to be eligible. If one or more business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting an interior grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. Initials Page 2 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737-3258 www.catchboynton.com • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Interior Build-Out Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities, the CRA will perform a lien search on the property at a cost of$115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board Approves grant funding and the work being performed does not require a permit, the Certificate of Occupancy and application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. • Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Initials Page 3 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, Fl 33435—Phone: (561)737 -3256 Fax: (561) 737 -3258 www.catchboynton.com Projects and items eligible for funding under the program are limited to: • Interior walls • Interior plumbing j Flooring • Grease trap installation HVAC system • Interior electrical system • Hood & fire including lighting suppression Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Interior Build-Out Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores • Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars • Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based on the type of business, which then determines the amount of eligible funding. Grant funding amounts will be based on the applicant's project budget specified at the time of CRA Board approval. Tier One Business (Full-Service Restaurants Only) Tier One Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $45,000 in grant funding. Only.full service restaurants with a minimum total seating Initials Page 4 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737 -3258 www.catchboynton.com capacity of 50 seats are eligible to be in Tier One. The restaurant must have hours conducive for the development of the downtown serving at least lunch and dinner. Proof of seating capacity shall be confirmed by a copy of the City of Boynton Beach Local Business Tax Receipt. Tier Two Business Tier Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $25,000 in grant funding. Tier Two Businesses must be one of the following types of businesses: • Restaurants with total seating • Clothing Boutique — clothing, shoes capacity under 50 & accessories • Gourmet Food Market • Bakery • Bed and Breakfast • Medical Offices • Marketing Offices • Accounting Offices • Law Offices • Real Estate Offices • Fitness Center less than 4,500 sq.ft • Insurance Offices (no more than 2 approvals per fiscal • Florist (no more than 2 approvals year) per fiscal year) • Specialty Businesses— stationary, • Hair/Nail Salons (no more than 2 gifts, sporting goods approvals per fiscal year) • Home D6cor/Design — home furnishings, art galleries, kitchen wares Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that is the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; rftl Initials Page 5 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737-3258 www.catchboynton.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-serve basis. Application packets must include the following documentation: 1. A non-refundable fee of $100 is required to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. 3 Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. U4 Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. 5. Resume for each principal/owner of the business. 6. Copy of the corporate documents for the applying business entity. 7. Copy of executed multi-year commercial lease agreement. 8. Two years of corporate tax returns (for existing businesses only). Initials�,� Page 6 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561) 737-3258 www.catchboynton.com 9. Two years of personal tax returns for the principal/owners of a new business. 10 Copy of design and construction plans associated with the proposed improvements. 11.List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. 12.A minimum of four color digital "before" photos of the project. 13.Completed and signed application (attached). 14.Authorization to perform credit check for the business and each principal/owner of the business (attached). 15.W9 Form (attached). §City City Planning and Development Department Acknowledgement Form (attached). Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 16 and 17) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, Initials Page 7 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737-3258 www.catchboynton.com during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 3. Copy of City of Boynton Beach and Palm Beach County licenses (Business Tax Receipt). 4. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Initials Page 8 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561)737-3258 www.catchboynton.com Boynton Beach, Palm Beach County or the State of Florida. The Commercial Interior Build-Out Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials Page 9 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com l S L N BOYNTON 1, i f: ,"CR,A BEACH ' APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): "C- CC-0+-e,- ahc . Current Business Address: Fed ID#: gl- du( 1 Business Phone Number: Cell: (_o Website: if, Existing Business: Yes No Number of years in existence: t Time at Current Location: New Business to Boynton Beach: Yes V No Do you have an executed lease agreement: Yes'I No If so, monthly base rent:, J90 New Business Address: i�&"ci . FL 343_ ` Square footage of current location: 4nial Square footage of new location: Type of Business: __a , 16caa---. cootw Number of Employees: (C) Hours of Operation: _ `30 - (. 012ty1 List of improvements seeking,reimbursement for: Requested grant amount: V�31 TDD. o Page 10 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737-3258 www.catchboynton.com 1 BOYNTON ' i"wis m", B EX.,H ,, C RA APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: CICAMACG t l Date of Birth: 11-5"- 13 Email: �7C}t'tVoC,� i l �3eti . Crr Residential Address: Cell Phone Number: Stol<W3r7l.SUc1Q2 2. Principal/Owner Name: 6-((- 1L2LC Date of Birth: "1-c3 - `t{ Email: (")6,1 t V,;)o,ORC�, Qmc,(.Cc, Residential Address: S )3 0 ou�i ccs- Lay-c- C c tzcl C Cell Phone Number: -Ski. &I,t4tYt �t 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the CRA? Yes V/ No If yes, what additional programs are you applying for: commccbw Q Cy6)-ucyh a.n �0E=fm i� . i-C--)+ fC-► kx c Page 11 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON' ',IL v BEACKCRA APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION:�I Landlord Name: l Ini(E (N I C Landlord's Mailing Address: V31` W(S'r t Landlord's Phone Number: ) ,� .�q) t CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Interior Build- Out Assistant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Interior Build-Out Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not Initials Page 12 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561)737-3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON ' ' WNSOMBEAC { �{t ItU1js41 S K, ICIRA APPLICANT INFORMATION further the Community Redevelopment Plan. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I specifically authorize the CRA to run a credit report as part of this application, and understand that information in my credit report, including a record of bankruptcy, may disqualify me from obtaining grant funding. I give permission to the CRA or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials Page 13 of 15 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737 -3256 Fax: (561)737-3258 www.catchboynton.com BOYNTON' LL:=BEACHICRA APPLICANT INFORMATION &PELI CAN T SIGNAT_U_RE : Prin at/owner's icinaturi _ Chafe i � Printed Name Y�tle 2. Date Priri�paivC ner' Sig tune l`ry, tit nee Printed Name Title 3. F'rincipallOwner`s signature Date Printed Name Title 4, Principal/owner's Signature Date Printed Name Title Notary as to PrincipallOwnees Signatures - Multiple notary gages may be used if signing individually STATE OFA pr COUNTY OF M c BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared _ .t by , who islaar personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is His/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the Mate and County aforesaid on this t 1r744-1 day of 20_ 'a_ NOTARY PUBLIC My Commission Ex N:)VARy PUet.lC STATE OF FLORivA Page 13 of 14 } F Fir t71,2020 €mmerciat Facade 710 NotAh Federal Highway,Boynton Beach, Fi.33435—Phone: (561) 7.37-3256 Fax. (S61)737-325 www.catch boynton,corn 1 OT k ob, BOYN N" tiL Q lr 1 l 11 l If+f},qui.,., � _ MWM= APPLICANT INFORMATION APPLICANT SIGNATURES: 1. N '51op 16 Princip I/ wner's Signature Date k�c_, ) c r Printed Name Title 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF D ,n6A COUNTY OF NtA SRC" BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared r)dtwv A f 1 i tM�J) r V_(inG, who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this C day of �_" NOTARY PUBLIC y Aieshia Charles My Commission NOTARY PUBLIC —STATE OF FLORIDA ?Comm#GG039482 Page 14 of 15 S Expires 10/17/2020 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737-3256 Fax: (561)737-3258 www.catchboynton.com 0, BOYNTON ,,,, BEACH C RA LANDLORD INFORMATION LANDLORD SIGNATURES: �!I� Oil v'LIS a�,,L 1. ord'sctc_ Date Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures -Multiple notary pages may be used if signing individually STATE OF DQY 'A COUNTY OF rvr =per BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appearedCAW(- ( Ii e who is/are personally_known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this t day of M" 20 . NOTARY PUBLIC My Commission Expires: Oy Aieshia Charles NOTARY PUBLIC STATE OF FLORIDA �; z Cow*GG039482 Page 15 of 15 r9` Expires 10/17/2020 Interior Build-Out 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561)737 -3258 www.catchboynton.com 5/16/2018 PAPA Maps DOROTHYJACKS �CFA,AAS {}1 syr5i4fity Palm Beach County Property Appraiser _ Rh ne44 Search b Owner,Address or Parcel ®. gi 00 View Property Record 33" ] Owners.. GIRT MAN GAY LE PROPERTIES LLC Property detail u>vu, Ave luw etl,'�ve oc -.:oil 101 NE 5TH AVE Murmcioahty BOYNTON BEACH - .a.r ce i No. 08434521000005010 Su �iorl2y Book 28947 Page 825 �s Sale:te=. MAR-2017 1 315 W INDIES WAY mading Addres.,s., LAKE WORTH FL 33462 4265 - �' e. 7200-PRV SCHL/COLESquare Otad 4963 e e ` k 1yE 5t17 Ave Sales Information Sales Date Price t,t MAR-2017 10 MAR-2017 10 i„JI I - DEC-1987 100 - DEC 1987 40000 Appraisals Tax Year 2017 vn v ._ rl"V'a.:ue=. $312,978 I'm e. e. ..i-arld V .ue=. $78,750 j k ..�(),:ai ?.a_te...Va..we=. $391,728 All values are as of January 1 st each year - yi�PittYA Assessed/Taxable values i� mid Tax Year 2017 A^sesse t.. e=. $391,728 i-xer=Jorl Amount S 0-R, axabi re -� e Vaiue 391 728 Taxesv� zn Ave s n+ 4:r, Ave Tax Year 2017Ad t .o.e.m $8,365 . ,� t :e..'^ $2,343 $10 708 EFM�J http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521000005010 1/1 Florida Commercial Lease Agreement This Commercial Lease Agreement("Lease") is made and effective ye� I / 9 I . [Date],by and between Li(dMM-dW le V d Landlord] ("Landlord") and [Tenant] ("Tenant"). I R" Landlord is the owner of land and improvements commonly known and numbered as 101 N.E. 5th Avenue, Boynton Beach, FL 33435. Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term,at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Term" beginning July 1st* 2018 [Start Date] and ending June 30th, 2021 [End Date]. Landlord shall use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. B. Tenant may renew the Lease for one extended term of Two-(2) Years [Renewal Term]. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety (90) days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided in this Lease. 2.Rental. A. Tenant shall pay to Landlord during the Initial Term rental of$5,000 per month. Each installment payment shall be due on the first da of each calendar month during the lease term to Landlord at T-t\ --Lu P�wk--aowuz-it -6w 6 - ' L [Landlord's Designated Payment Address] or at such other place designated by written notice from Landlord or Tenant. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be$5,000 per month. C. Tenant will provide the Landlord with First and Last Month's rent, a total of$10,000,which is due June 30, 2018. 3. Use It is understood and agreed that the subject premises shall be used by Tenant only for the operation of Daycare/Childcare Facility. Tenant shall not use or occupy, nor permit the leased premises or any part to be used or occupied for any unlawful business use or purpose, nor for any business use or purpose deemed disreputable or extra-hazardous, nor for any purpose or in any manner which is in violation of any present or future governmental law or regulation. 4.Sublease an!A1§jggMML Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. 5. gpairs. During the Lease term,Tenant shall make, at Tenant's expense, all necessary and normal "wear and tear"repairs caused by normal business operations to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except leasehold improvements such as major mechanical plumping, electrical (MEP) systems, Roof and other structural elements, subject to the obligations of the parties otherwise set forth in this Lease. 6.Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel,redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7®RK2MLi:!y Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes, Florida Sales/Use and/or Federal taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. g. Insurance. A. If the Leased Premises or any otherlpart of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. 2 AY\ /A B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least (10) days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 9. Utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Tenant shall have the right to place on the Leased Premises,at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. 11. Ent Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. a aye a estrus 'nn. Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. Tenant shall be relieved from paying rent and other ch ,r;es Al- 0� 3 during any portion of the Lease to that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable orunfit for occupancy or use, in whole or in part, for Tenant's purposes. 13. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the to of this Lease. 14. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 15. Right to Sell Leased PrMpgrt y The Landlord has the right to sell the property during the duration of the lease. However, Landlord must give the Tenant the right of First Refusal. This obligates the Landlord to offer the Tenant the right to be the first buy the property before opening the option up to other buyers in market. In the event the Tenant declines to purchase the leased property, The Tenant will have a right to continue the original lease agreement until end date. Tenant will be entitled to recover re-modeling costs that improved the value of the sold property. 16.Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail,return receipt requested, addressed as follows: If to Landlord to: 1 6 7&116 PuM-ba J-J-P- [Landlord] IA/f [Landlord's Address] If to Tenant to: r Ise, . (14 �J Y- [Tenant] ;4—" [Tenant's Address] Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 17.Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant,to or condition. 18.flgLdt Lngs. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 19. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 20.Consent Landlord shall not unreasonably withhold.or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 21. ComoHance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 22.Final Aereement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a ftu-ther writing that is duly executed by both parties. 23. Governina Law. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. IN WITNESS VMEREOF, the parties have executed this Lease as of the day and year first above written. [L4ndlord] i azure Block Date [Tenant] Signature o Date J [ ant] Signature Block Date T Y PUBLIC STATE OF FLORIDA ExpWes 10/17/2020 6- All Trades Construction, LLC ESTIMATE #74605 Licensed Contractor CGC 058631 DATE: JUNE 5, 2018 1741 N State Road 7 Margate, FL 33063 786-603-8108 TO The King's Learning Center 101 N E 5th Ave, Boynton Beach, FL 33435 SUPERINTENDENT JOB PAYMENT TERMS DUE DATE Jhon Quint Renovations 30/40/30 Upon Finat QTY DESCRIPTION UNIT PRICE LINE TOTAL Interior Interior Lighting $7,000.00 interiorPlumbing (4 Sink Installs) + (6 child size toilets) $6,347.00 Flooring $4,50.00 HVAC system $7,000.00 Exterior $24,847.00 Painting $1,600.00 Landscaping $1,000.00 Exterior doors/windows $3,000.00 Fencing/Shade structure $6,000.00 Signage $3,868.00 Exterior Lighting $2,500.00 Roof Repair $7,000.00 $24968.00 DUE $49,815.00 TOTAL $49,815.00 BALANCE $49,815.00 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CONSENT AGENDA AGENDAITEM: 10.F. SUBJECT: Approval of Commercial Facade Improvement Grant Program in the amount of $10,800 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue SUMMARY: The CRA's Commercial Facade Improvement Grant Program provides financial assistance to a commercial property owner or commercial tenant in order to incentivize the exterior improvement of existing commercial properties within the CRA District. The CRA has received a completed grant application from Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue, Boynton Beach, FL 33435 (see Attachment I & 11). The King's Learning Center's vision and business model reflect providing quality, comprehensive and innovative child care services to all children, particularly those residing in under-served communities, which is the top priority. The Commercial Facade Improvement Grant Program provides a 50% matching reimbursement of the applicant's expenditures for the eligible improvements up to a maximum grant total of $25,000. If approved, the applicant is entitled to a grant maximum of $10,800 in reimbursable funds for signage, landscaping, exterior paint, new windows and doors, fencing, and exterior lighting based on the quote totaling $21,418 (see Attachment 111). CRA grant funds are released as reimbursement once the proper documentation is submitted to staff for review and approval. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Economic Development Grant Program Line Item 02- 58400-444, $10,800 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Facade Improvement Grant not to exceed $10,800 to Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Facade Grant Application D Attachment II - Location Map D Attachment III - Final GC Quote fs BOYNTON ", womBE ACH RA October 1 , 2017 — September 30, 2018 BOY TON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL FACADE IMPROVEMENT GRA T PROGRAM Program Rules and Regulations The Commercial Facade Improvement Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs that result in more visually appealing commercial properties or other improvements in accordance with the CRA Community Redevelopment Plan. The CRA reserves the right to approve or deny any Commercial Facade Improvement Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Fagade Improvement Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $25,000 to the landlord or business owner for eligible expenses associated with improving the external appearance of their business and to encourage businesses to invest in their operations. Initials r Page 1 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435— Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City at (561) 742-6067 Attached is the ReNew PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • Fagade improvements must be consistent with the CRA's Urban Design Guidelines (Note: CRA Design Guidelines are available on the CRA website. All proposed exterior improvements using CRA funds must be approved by the CRA Board. The CRA Board may make recommendations for exterior improvements based upon the CRA Urban Design Guidelines). • All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in the Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting a fagade grant application. • Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. • Grant funds will be reimbursed exclusively for approved work and approved change orders. • The Commercial Fagade Improvement Grant Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. • In order to qualify for the grant, the subject property may not have any outstanding City of Boynton Beach liens at the time the applicant seeks Initials 1 Page 2 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities the CRA will perform a lien search on the property at a cost of $115.00 which will be deducted from the grant funding to the recipient. In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. • The property owner or tenant must complete the facade improvement project and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board approves grant funding and the work being performed does not require a permit, the application for reimbursement must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day administrative extension will be permitted. • Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program. • Items completed and paid for by the applicant prior to CRA Board approval may be excluded and/or denied at the CRA Board's sole discretion if the CRA Board determines the improvements are not consistent with the CRA's Design Guidelines. • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Projects and items eligible for funding under the program are limited to: • Decorative exterior fagade •) Patio decks connected to the improvements building Landscaping around the building • Irrigation • ADA improvements � Exterior wall repairs (stucco, Signage brick/wood repairs and • Exterior doors/windows replacement) Exterior Lighting Initials Page 3 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com • Parking lot re-paving, re-sealing, re- • Demolition of structure and re- striping sodding of vacant property • Fencing (excluding: chain link, • Solar electricity and water heating — barbed wire, and wood panels) See Attached ReNew PACE Eligible Product List • Electric vehicle charging station — See Attached ReNew PACE Eligible Product List Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitted an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Initials Page 4 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-serve basis. Application packets must include the following documentation: 1. Written detailed project budget describing the improvements to be done to the property. It must list all project costs the applicant is requesting for reimbursement. The project budget must provide a total cost of the project. 2. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 3. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. 4. Copy of Warranty Deed. 5. Copy of executed multi-year commercial lease agreement. 6. Copy of design and construction plans associated with the proposed improvements. 7. A minimum of four color digital "before" photos of the project. C° Signage design. 9. Project color chips, material samples and material specifications, if applicable. 10.Completed and signed application (attached). 11.W9 Form (attached). 12.City Planning and Development Department Acknowledgement Form (attached). 13.City Permit Department Acknowledgement Form (attached). The above referenced City Forms (line 12 and 13) must be completed and submitted to the appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. Phone (561) 742-6000. Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. Initials t Page 5 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737 -3258 www.catchboynton.com The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement This program is designed as a matching 50% grant. All work must be completed and paid for by the applicant prior to the release of CRA funds. The CRA will provide reimbursement to the applicant upon submittal of a complete reimbursement request package. All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1 . Invoices, receipts or other acceptable evidence of payment from suppliers and licensed contractor(s) that have been marked "paid in full". Proposals for "work to be completed" or "bids" are not considered proper documentation. a. Each item will be supported by a canceled check showing the face of the check, as well as the back of the cancelled check. The only forms of cash payments that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee must be provided as proof of payment. If payment is being made by a bank transfer, a copy of the statement from both payer and payee showing the transaction and/or copy of the email/text verification from both parties. 2. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. Initials — Page 6 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435–Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com 3. Proof that the work has been approved by the City of Boynton Beach Building Department, i.e. Copy of Certificate of Occupancy/Completion 4. CRA has received copies of final inspection approvals for all work that requires a permit. 5. Entire scope of work for eligible items is completed. 6. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees, and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Fagade Improvement Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials_ Page 7 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com ,s BOYNTON ' BEACH APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): C Current Business Address: ID1 M .E. 54"- flVEL +: sic � 3 Fed I D#: — I LI C) Business Phone Number: '739- (06(.,CIA Cell: (0o Website: f�A ��1�Cn►Eryc�C a0�� Existing Business: Yes No V Number of years in existence: Time at Current Location: 31C0 AtXt-(- New Business to Boynton Beach: Yes No Do you have an executed lease agreement: Yes No _ If so, monthly base rent: 7 New Business Address: �t ! f\)C— 4fih P\jE Square footage of current location: _Square footage of new location: Type of Business: �C( f �" C► Number of Employees: D Hours of Operation: ( '.2512 OM L30 PM List of improvements seeking reimbursement for: Requested grant amount: r� lco Page 8 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435— Phone: (561) 737-3256 Fax: (561) 737-3258 www.catchboynton.com "' BOYNTON'"'i BEACK", C A APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: CC��C� t �� Date of Birth: Email: DQjavi�xbctt`7�>( ()I'm Residential Address: 17 �YK--nCaCtC� �( 1 tr Cell Phone Number: 1..3'�1> 2. Principal/Owner Name: f4-m6t ' s l Date of Birth: '�- Email: ly `�r C�c � f �1 •l'nr Residential Address: L 1 0OU-b co- eve C.%%zt e Cell Phone Number: 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Are you applying for grant assistant under any other program offered by the CRA? Yes 1/ No If yes, what additional programs are you applying for: c i Cc 'hruo-�Qn rX-ry�iki e1Y Page 9 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737 -3256 Fax: (561) 737-3258 www.catchboynton.com BOYNTON , WAMBEACK, CRA APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: G►r-t tLL C=,(e Ir 1. C Landlord's Mailing Address: Landlord's Phone Number: 5(o- .1y 4.Rg II Page 10 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561)737 -3258 www.catchboynton.com BOYNTON W10MBEACK,' CRA APPLICANT INFORMATION CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Fagade Improvement Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Facade Improvement Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan. Should my application be approved, I understand that the CRA may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. Initials Page 11 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435— Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON .' ' 0116MBEACK, C A APPLICANT INFORMATION I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to.READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials n! Page 12 of 14 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561)737-3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON C=_1114 .BEACHICR\A APPLICANT INFORMATION PPLIC T SSGNATUI S: Priv allowner s I nature w late Printed Name Title 4na 2, Pnn ipetlC3wner's Sig tore Datet Printed Name Title 3. Principavowner's Signature Date Printed Nance Title 4. pate principal/Owner's Signature Printed flame Title Notary as to Prrn lP8110 ner's Signatures - WHOM nOtwY Pag0s May be used 11 signing individually STATE OF tt COUNTY OF �AC. BEFORE ME, an officer doily authorized by law to administer oaths and take acknowledgements, personally appeared t , who isle personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this %044-, day of 2{t NOTARY PUBLIC My Commission E � VARv vueLie STATE of FLORIDA Page 13 of 1 p t xprr �7� ttZ{9 ornrnrcial Facade 710 North Federal Highway,Boynton Beach,FL 33435-Phone: (561)737-3256 Fax; (561)737-3258 www.catchboynton.com £ BOYNTON ............... ..... ... .. . wi�BEACH ,1 , CRA APPLICANT INFORMATION APPLICANT SIGNATURES: Prinpal/Owner's ignature Date Printed Name Title 2. Prin 'pal/Owner's Signature Date =br(- Qi0(-)(-r Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF -` �( COUNTY OF PN C�'1 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared LhtCAACk l' �+ t brf- j<jA' Ck who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this t C)-+) day of 20 NOTARY PUBLIC Na Chanes My Commission Ex NOTARYPUBLIC3 STATE OF FLORIDA Page 13 of 14 < �_ �r Gomm GG43W? Commercial Facade Ej% Expires 10/17/2020 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3258 www.catchboynton.com BOYNTON" } C BEACH ,,, C. RA LANDLORD INFORMATION LAN DLORD/iSIGNATURES: r , 1 % 1rI hbi 15j/ thz andlor 's Signature Date i Printed Name Title 2. _ Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF COUNTY OF NM . gfiy) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared Qaii v tc who is/are personally known to me or produced as identifiction,aancacknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this )I day of Q" 20 NOTARY PUBLI My Commission Expires�h;a chanes NOTARY PUBLIC STATE OF FLORIDA (;pRa*GG03M2 Page 14 of 14 ®reExpires 10/1712020 Commercial Facade 710 North Federal Highway, Boynton Beach, FL 33435- Phone (561)737 -3256 Fax (561) 737-3258 www.catchboynton.com 5/16/2018 PAPA Maps DOROTHYJACKS �CFA,AAS {}1 syr5i4fity Palm Beach County Property Appraiser _ Rh ne44 Search b Owner,Address or Parcel ®. gi 00 View Property Record 33" ] Owners.. GIRT MAN GAY LE PROPERTIES LLC Property detail u>vu, Ave luw etl,'�ve oc -.:oil 101 NE 5TH AVE Murmcioahty BOYNTON BEACH - .a.r ce i No. 08434521000005010 Su �iorl2y Book 28947 Page 825 �s Sale:te=. MAR-2017 1 315 W INDIES WAY mading Addres.,s., LAKE WORTH FL 33462 4265 - �' e. 7200-PRV SCHL/COLESquare Otad 4963 e e ` k 1yE 5t17 Ave Sales Information Sales Date Price t,t MAR-2017 10 MAR-2017 10 i„JI I - DEC-1987 100 - DEC 1987 40000 Appraisals Tax Year 2017 vn v ._ rl"V'a.:ue=. $312,978 I'm e. e. ..i-arld V .ue=. $78,750 j k ..�(),:ai ?.a_te...Va..we=. $391,728 All values are as of January 1 st each year - yi�PittYA Assessed/Taxable values i� mid Tax Year 2017 A^sesse t.. e=. $391,728 i-xer=Jorl Amount S 0-R, axabi re -� e Vaiue 391 728 Taxesv� zn Ave s n+ 4:r, Ave Tax Year 2017Ad t .o.e.m $8,365 . ,� t :e..'^ $2,343 $10 708 EFM�J http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521000005010 1/1 It Trades Construction, LLC ESTIMATE # 74605 Licensed Contractor CGC 058631 DATE: JUNE 7, 2018 1741 N State Road 7 Margate, FL 33063 786-603-8108 TO The King's Learning Center 101 NE 5th Ave. Boynton Beach, FL 33435 SUPERINTENDENT JOB PAYMENT TERMS DUE DATE Jhon Quint Renovations 30/40/30 Upon Final QTY DESCRIPTION UNIT PRICE UNE TOTAL Interior Interior Lighting $7,0Q0.00 Interior Plumbing (4 Sink Installs) + (6 child size toilets) $6,347.00 Flooring $4,500.00 HVAC system $7,000.00 Exterior S24,847.00 Painting/Murals $3,050.00 Landscaping $1,000.00 Exterior doors/windows $3,000.00 Fencing/Shade structure $6,000.00 Signage $3,868.00 Exterior Lighting $2,500.00 Wood repairs/replacement $2,000.00 $21,418.00 DUE $46,265.00 TOTAL $46,265.00 BALANCE $46,265.00 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CONSENT AGENDA AGENDAITEM: 10.G. SUBJECT: Approval of Commercial Construction Permit Grant Program in the amount of $1,150 for Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue SUMMARY: The CRA's Commercial Construction Permit Grant Program is designed to assist new and existing businesses with the City's required building permit costs associated with commercial renovation and/or new construction projects. Approved applicants are eligible for the reimbursement of building permit fees in the amount of 2.3% for projects under $250,000 or 3.3% of the project's permitted valuation for projects over $250,000 as approved by the City of Boynton Beach. The CRA's maximum grant award is $66,000. CRA staff has received a completed grant application from Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue, Boynton Beach, FL 33435 (see Attachment I & 11). The King's Learning Center's vision and business model reflect providing quality, comprehensive and innovative child care services to all children, particularly those residing in under-served communities, which is the top priority. The cost estimate for the project is approximately$50,000 which would allow a reimbursement of $1,150 (see Attachment 111). Since the grant applicant has not received the building permit to date, the valuation of the project has not been determined by the City, and Board approval would be required for any amount in excess of $100,000. Therefore, to facilitate the grant disbursement process, staff recommends grant funding not to exceed $1,150 based on 2.3% of the project's maximum allowable cost of$50,000 to accommodate unforeseen construction issues. Grant funding is not disbursed until the project is completed and the Certificate of Occupancy or Notice of Completion has been issued by the City of Boynton Beach and submitted to the CRA as part of their reimbursement request. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Economic Development Grant Program Line Item 02- 58400-444, $1,150 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Construction Permit Grant Program not to exceed $1,150 to Tabre Enterprises, LLC d/b/a The King's Learning Center located at 101 NE 5th Avenue, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Construction Permit Grant Application D Attachment II - Location Map D Attachment III - Project Budget BOYNTON ',,' i " CRA mimBEACK111, October 1, 2017 — September 30, 2018 BOYNTN BEACH COMMUNITY EVLOP ENT AGENCY COMMERCIAL CONSTRUCTION PERMIT GRANT PROGRAM Program Rules and Regulations The Commercial Construction Permit Grant Program is designed to help facilitate the establishment of new businesses and aid in the expansion of existing businesses within the Boynton Beach Community Redevelopment Agency (the "CRA") District through the reimbursement of permit costs associated with the substantial renovation of an existing commercial property or new construction of a commercial project. The CRA reserves the right to approve or deny any Commercial Construction Permit Grant Program application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives established for redevelopment of the CRA District. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Records Law" under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public records request, subject to any exemptions provided by Florida Law. Incentive Funding The Commercial Construction Permit Grant Program offers financial assistance in the form of a reimbursable grant to property owners/tenants with the cost of permit fee expenses up to 3.3% of the project's construction value. Commercial Construction Permit Grant Program awards grant funding amounts based on a percentage of the project's construction value as it appears on the Palm Beach Initials Page 1 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737 -3256 Fax(561) 737-3258 www.catchboynton.com County-Wide/Municipal Building Permit Application Form submitted to the City of Boynton Beach at the time of permit approval. See the attached copy of the City of Boynton Beach Building Division Fee Schedule for more information on fees. • Projects valued between $1 and $249,999 are eligible for grant reimbursement up to 2.3% of the project's construction value. • Projects valued between $250,000 and $4,000,000 are eligible for grant reimbursement up to 3.3% of the project's construction value, with maximum grant funding of$66,000. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding: • Must be located within the CRA District (see attached map). • Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of city and county licenses or receipts that the licenses have been applied for). • Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). • Applications for the Commercial Construction Permit Grant Program must be made within 90 days of final permit approval by the City of Boynton Beach. • The property owner or tenant must submit for reimbursement within 30 days of the issuance of the Certificate of Occupancy/Completion from the City of Boynton Beach. • Application and CRA Board approval of this grant is for funding only. Approval of CRA grant funding is NOT approval of any type of City processes including, but not limited to permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All commercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. • Grantees shall allow the CRA the rights and use of photos and project application materials. Initials Page 2 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone(561) 737 -3256 Fax (561) 737-3258 www.catchboynton.com Ineligible Businesses The following businesses are considered ineligible for assistance under the Commercial Construction Permit Grant Program: • Firearm Sales • Convenience Store • Religious Affiliated Retail Stores • Churches • Non Profits • Fitness Centers over 4,500 sq.ft. • Check Cashing Stores . Take-Out Foods • Adult Entertainment • Liquor Stores • Adult Arcades • Vapor Cigarette, E Cigarette Stores • Kava Tea Bars . Pawn Shops • Alcohol and/or Drug Rehabilitation • Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops • Medical Research Centers/Housing • Any other use that the CRA staff or • Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a minimum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: • A description of the space being rented, including square footage and a drawing of the space; • Description of utilities that the tenant's responsibility; • Rental rate and deposits along with terms of lease and methodology for future rent increases; • Responsible party for interior and exterior repairs and/or improvements • Insurance requirements; • Ability to terminate; and, • Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Initials Page 3 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax (561) 737-3258 www.catchboynton.com Application Process Applications can be obtained from the CRA office located at 710 North Federal Highway, Boynton Beach, FL 33435 or downloaded from www.catchboynton.com. All applicants are required to meet with CRA staff in order to determine eligibility before submitting an application. Funding requests will not be considered until all required documentation is submitted to the CRA office. Application to this grant program is not a guarantee of funding. Funding is at the sole discretion of the CRA Board. Applicants must submit an original, "hard copy" application with all materials to the CRA for review and approval by the CRA Board. Applicants will be considered on a first- come, first-served basis. Application packets must include the following documentation: 1. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is due within 90 days of grant approval. 2. Copy of executed multi-year commercial lease agreement. 3. A minimum of four color digital "before" photos of the project. 4. Completed and signed application (attached). 5. Copy of elevations, site plan and floor plans as submitted to the City of Boynton Beach. 6. W9 Form (attached). Approval of Funding Request All required documentation must be submitted no later than noon on the first Tuesday of the month. CRA staff will review the application to verify that the project is eligible for reimbursement. If it meets these requirements, CRA staff will present the funding request to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Board meetings can be obtained at www.catchboynton.com. Applicants will be notified of the date and time that their applications will be considered by the CRA Board. The CRA recommends that applicants attend the CRA Board meeting during which the Board will consider their applications in order to answer any questions the CRA Board Initials Page 4 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax (561) 737-3258 www.catchboynton.com may have regarding their applications. CRA staff will notify the applicant of the CRA Board's approval or denial in writing. Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once the project is completed. Staff may also conduct unannounced site visits before, during, and after the project in order to determine and ensure compliance with the terms of the grant agreement. Procedures for Reimbursement All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. Once the work is completed and a Certificate of Occupancy or Completion is obtained, the Reimbursement Request shall be summarized in a report and accompanied by the following documentation: 1. Copies of all permit fee receipts paid to the City of Boynton Beach. 2. Copy of Certificate of Occupancy or Completion from the City of Boynton Beach. 3. A "final release of lien" signed by each licensed contractor(s). See attached Sample of a Final Release of Lien form. 4. Copy of City of Boynton Beach and Palm Beach County business tax receipt. 5. A minimum of 4 color "after" photos of the project. By submitting for reimbursement, the applicant warrants that all bills for which applicant is directly responsible related to the project are paid in full including, but not limited to, all contractors, labor, materials, related fees and permits. Grantees may not submit work improvements for reimbursement which have been used as reimbursement requests in any other grant program offered by the CRA, City of Boynton Beach, Palm Beach County or the State of Florida. The Commercial Construction Permit Grant Program will only reimburse applicants for new expenditures that have not been submitted to other grant programs for reimbursement. Initials Page 5 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax(561) 737-3258 www.catchboynton.com All reimbursement requests and supporting documents must be submitted to the CRA (3) days prior to the grant expiration date. The CRA may refuse to issue grant funding if the submission is not received by the specified time. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the CRA to any third party. The CRA is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the CRA to award grant funding. Initials Page 6 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737-3256 Fax (561) 737-3258 www.catchboynton.com BEACK�`,,'," CRA APPLICANT INFORMATION BUSINESS INFORMATION: Business Name (d/b/a if applicable): 1� Current Business Address: �jn-�O, OC" Wil, Lj Fed I D#: ' Business Phone Number: - (%I. 931. (Dd. Ll Cell: Website: a)04C&4C-' Existing Business: Yes No Number of years in existence: Time at Current Location: ISACA AAC- 1._ 1 New Business to Boynton Beach: Yes I/ No Do you have an executed lease agreement: Yes No If so, monthly base rent: New Business Address: G�ft> `��1 - _ Square footage of current location: —4%-22 Square footage of new location: 0 A Type of Business: l IV)I Number of Employees: ID Hours of Operation: (0!,30 fl -. '. -D pcn Page 7 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone(561) 737 -3256 Fax (561) 737-3258 www.catchboynton.com I= BOY N`TON ICRA, BEACK", APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner Name: Date of Birth: Email• C�'�y�Ci-,(k1°7�C Cirn C r, Residential Address: a-IS to-211- Cell J Cell Phone Number: SLO .,3-ll.,c,(y 2. Principal/Owner Name: 'V/4Mb(E V- Date of Birth: 'I , '3-U. SLA Email: nry>,�>l(-Vt_t'A()Qc(3 Z qrY\6 1. C Residential Address: J/'�l� 1�10)CO V(-- Cifl..C(6' Cell Phone Number: c7t(�6, Cj. 3. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: 4. Principal/Owner Name: Date of Birth: Email: Residential Address: Cell Phone Number: Page 8 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435-Phone (561) 737-3256 Fax (561) 737-3258 www.catchboynton.com 1 BOYNTON BEACH1.1,11CRA APPLICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? Yes No If yes, what additional programs are you applying for: C0("MCYCIG,1 in}f-L10- )L(-n+ 60mrA O ,1 zAG C� Are you receiving grant assistance under any other governmental agencies: Yes_ No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Name: CA amle y I Landlord's Mailing Address: Lon+ftna . �-c 3-341,00 Landlord's Phone Number: Page 9 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax(561) 737-3258 www.catchboynton.com BOYNTON " BEACHI,, CRA APPLICANT INFORMATION CERTIFICATION AND WAIVER OF PRIVACY: I, the undersigned applicant(s), certify that all information presented in this application, and all of the information furnished in support of the application, is given for the purpose of obtaining a grant under the Boynton Beach Community Redevelopment Agency Commercial Construction Permit Grant Program, and it is true and complete to the best of my knowledge and belief. I further certify that I am aware of the fact that I can be penalized by fine and/or imprisonment for making false statements or presenting false information. I further acknowledge that I have read and understand the terms and conditions set forth and described in the Boynton Beach Community Redevelopment Agency Commercial Construction Permit Grant Program Rules and Requirements. I understand that this application is not a guarantee of grant assistance, and that award of grants is at the sole discretion of the Boynton Beach Community Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, including the reason that granting the award will not further the Community Redevelopment Plan.. Should my application be approved, I understand that the Boynton Beach Community Redevelopment Agency may, at its sole discretion, discontinue subsidy payments at any time if in its sole and absolute determination it feels such assistance no longer meets the program criteria or is no longer in furtherance of the Boynton Beach Community Redevelopment Plan. 1 hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential information given herein. I further grant permission, and authorize any bank, employers or other public or private agency to disclose information deemed necessary to complete this application. Initials f Page 10 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737 -3256 Fax (561) 737-3258 www.catchboynton.com BOYNTON " APPLICANT INFORMATION I give permission to the Boynton Beach Community Redevelopment Agency or its agents to take photos of myself and business to be used to promote the program. I understand that if this application and the information furnished in support of the application are found to be incomplete, it will be not processed. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Initials Page 11 of 13 Construction Permit 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561)737 -3256 Fax(561) 737-3258 www.catchboynton.com a Sr r BOYNTON " 4,' f BEACKCRA„ APPLICANT INFORMATION APPLICANT SIGNATURES: 1. a PrincipOwners Signature Date �C Printed Name Title 2. Principal/Owner's Signature Date Via n cA LX,04l 6-( Printed Name Title 3. Principal/Owner's Signature Date Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually STATE OF 0066A COUNTY OF (2, CV'1 BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared LC_ o(Gl V-)(11 who is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of A (� 20 NOTARY PUBLIC Aieshia Charles My Commission ENOTARY PUBLIC Page 12 of 13 STATE OF FLORIDA Construction Permit EC GG039482 iv 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737-3256 Fax (561) 737 lY99 10/17/2020 www.catchboynton.com BOYNTON C=.:L.qBEACH1,,CR\A APPLICANT INFORMATION P LIC NT SIGNATURES: Prin all ?wnet's nature _w_ late Printed Nerve t PnngpallC3wner's Sig tore ).ate Printed Name Title 3, PrincipallOwnet's Signature Date Printed Name Title 4. PrincipallOwner's Signature Date Printed game Title Notary as to Pfi"cip8110vvW's Signatures - Multiple notary pages may be used if signing individually STATE.OF iI COUNTY C * C BEFORE. ME, an officer duly authorized by law to administer oaths and take acknowledgement% personally appeared t by . who is/are Personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed, IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this 1() day of 2{t NOTARY PUBLIC r c My Commission Fx NOTARY PUBLIC STATE.OF PLORI OA Page 13 of 14 01117retIZ� Commercial Facade 711 North Federal Iiighway,Boynton Beach, FL 33435-Phone:{561)737-3256 Fax: (561)737-3258 w w.catchboynton,com, BOYNTON ", BEACH i`,"`,,, CRA 1 LANDLORD INFORMATION LANDLORD SIGNATURES: -� L n ord's ,ignatur ate it �d Printed Name Title 2. Landlord's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary pages may be used if signing individually ®®�� STATE OF 6��6 t] A COUNTY OF ,f—r6nch BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared Cka(a,C-- (-)ptf k C who.is/are personally known to me or produced as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this ` day ofC�i 20 NOTARY PUBLIC My Commission Exp' S Aieshia Charles NOTARY PUBLIC -+STATE OF FLORIDA Page 13 of 13 Comm*GG03W2 Construction Permit ,� Expires 10/17/2020 710 North Federal Highway, Boynton Beach, FL 33435—Phone (561) 737-3256 Fax (561)737 -3258 www.catchboynton.com Form Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester. Do not Department ofthe Treasury send tO the IRS. Internal Revenue Service 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. �T t r\i 2 Business name/disregarded entity name,ifldifferent from above 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to o certain entities, not individuals; see V) ❑Individual/sole proprietor or ❑ C Corporation S Corporation ❑ Partnership ❑Trust/estate instructions on page 3): mc single-member LLC CL ® Limited liability company.Enter the tax classification C=C corporation, S=S corporation, P=partnership)► Exempt payee code(if any) �'6 ❑ Y P Y ( P P P P) o 2 Note.For a single-member LLC that is disregarded,do not check LLC;check the appropriate box in the line above for Exemption from FATCA reporting U) the tax classification of the single-member owner. code(if any) av U ❑Other(see instructions) 01 (APPI—t.is mamM—d outside tha uSl v 5 Address(number,street,and apt.or suite no.) Requester's name and address(optional) CL 6 City,state,and ZIP code ro i",I r'1 � tJ 7 List account Amber(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given online 1 to avoid Social security number backup withholding. For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor, or disregarded entity, see the Part I instructions on page 3.For other — — entities,it is your employer identification number(EI N). If you do not have a number,see How to get a TIN on page 3. or --- - — Note. If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. ) Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN.See the instructions on page 3. Sign Signature of @� Here U.S.person► Date ► — General Instructions •Form 1098(home mortgage interest),1098-E(student loan interest),1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. -Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such -Form 1099-A(acquisition or abandonment of secured property) as legislation enacted after we release it)is at www.irs.gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding. See What is backup withholding?on page 2. which may be your social security number(SSN),individual taxpayer identification By signing the filled-out form,you: number(ITIN),adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number(EIN),to report on an information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: 2.Certify that you are not subject to backup withholding, or Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If Form 1099-DIV(dividends,including those from stocks or mutual funds) applicable,you are also certifying that as a U.S.person,your allocable share of any partnership income from a U.S.trade or business is not subject to the Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock or mutual fund sales and certain other transactions by 4.Certify that FATCA code(s)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct.See What is FATCA reporting?on Form 1099-S(proceeds from real estate transactions) page 2 for further information. Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-g(Rev.12-2014) 5/16/2018 PAPA Maps DOROTHYJACKS �CFA,AAS {}1 syr5i4fity Palm Beach County Property Appraiser _ Rh ne44 Search b Owner,Address or Parcel ®. gi 00 View Property Record 33" ] Owners.. GIRT MAN GAY LE PROPERTIES LLC Property detail u>vu, Ave luw etl,'�ve oc -.:oil 101 NE 5TH AVE Murmcioahty BOYNTON BEACH - .a.r ce i No. 08434521000005010 Su �iorl2y Book 28947 Page 825 �s Sale:te=. MAR-2017 1 315 W INDIES WAY mading Addres.,s., LAKE WORTH FL 33462 4265 - �' e. 7200-PRV SCHL/COLESquare Otad 4963 e e ` k 1yE 5t17 Ave Sales Information Sales Date Price t,t MAR-2017 10 MAR-2017 10 i„JI I - DEC-1987 100 - DEC 1987 40000 Appraisals Tax Year 2017 vn v ._ rl"V'a.:ue=. $312,978 I'm e. e. ..i-arld V .ue=. $78,750 j k ..�(),:ai ?.a_te...Va..we=. $391,728 All values are as of January 1 st each year - yi�PittYA Assessed/Taxable values i� mid Tax Year 2017 A^sesse t.. e=. $391,728 i-xer=Jorl Amount S 0-R, axabi re -� e Vaiue 391 728 Taxesv� zn Ave s n+ 4:r, Ave Tax Year 2017Ad t .o.e.m $8,365 . ,� t :e..'^ $2,343 $10 708 EFM�J http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434521000005010 1/1 All Trades Construction, LLC ESTIMATE #74605 Licensed Contractor CGC 058631 DATE: JUNE 5, 2018 1741 N State Road 7 Margate, FL 33063 786-603-8108 TG The King's Learning Center 101 NE 5th Ave. Boynton Beach, FL 33435 SUPERINTENDENT JOB PAYMENT TERMS DUE DATE Jhon Quint Renovations 30/40/30 Upon Finat QTY DESCRIPTION UNIT PRICE LINE TOTAL Interior Interior Lighting $7,000.00 Interior Plumbing (4 Sink Installs) + (6 child size toilets) $6,347.00 Flooring $4,500.00 HVAC system $7,000.00 Exterior $24,847.00 Painting $1,600.00 Landscaping $1,000.00 Exterior doors/windows $3,x•00 Fencing/Shade structure $6,000.00 Signage $3,868.00 Exterior Lighting $2,500.00 Roof Repair $7,000.00 $24968.00 DUE $49,815.00 TOTAL $49,815.00 BALANCE $49,815.00 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CONSENT AGENDA AGENDAITEM: 10.11-11. SUBJECT: Approval of Commercial Rent Reimbursement Grant Program in the amount of $15,000 for Grandma's Manufacture, LLC d/b/a Grandma's Treasures located at 1550 N. Federal Highway, Suite 1 SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides eligible new or existing businesses located within the CRA district with rent payment assistance for a maximum period of 12 months within the first 18 months of a multi-year lease. CRA staff has received a complete grant application from Grandma's Manufacture, LLC d/b/a Grandma's Treasures located at 1550 N. Federal Highway, Suite 1, Boynton Beach, FL 33435 (see Attachment I & 11). Grandma's Treasures is a brand of authentic German goods based on recipes passed down from the applicant's great-grandmother and grandmother. These handwritten recipes, safeguarded as treasures, will feature German delights to create an authentic dining experience. Under the terms of their lease agreement as a tenant 1550 N. Federal Highway, the base rent required to be paid is $6,093 per month (see Attachment 111). Grandma's Treasures, falls under the category of a Tier I business (as specified in the grant application) and if approved, the applicant is entitled to receive reimbursement for half of the monthly rent amount or maximum grant amount of$1,250 per month for a 12 month period, whichever is less. The applicant meets the eligibility requirements under the Commercial Rent Reimbursement Grant Program guidelines and if approved, will be reimbursed on a quarterly basis with proof of rent payments. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Economic Development Grant Program Line Item 02- 58400-444, $15,000 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Rent Reimbursement Grant not to exceed $15,000 to Grandma's Manufacture, LLC, d/b/a Grandma's Treasures located at 1550 N. Federal Highway, Suite 1, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant Application D Attachment II - Location Map D Attachment III - Lease B(,'JY N T 0,,N BEING (;t(3ber , 201 -- S e pternber 0, 2 0 1 Z8 XTYNTON BEA CH COMMUNITY REDEVELOPMENT AGENCY (VONINIERVAL RENT REAMBLARSEMENT GRANT PF.OGRAM Program Ruies and Reguiations n erciai t' et f e imburse( lent Grant Program is ue:sign.,ed to iie,,li) fa,iiitate the ;sinn k ;ment of new businesses and ad In the expansion of ".X,i'�t li c;:;, r �g bus. ��., _ a within li i`i rl [3,oach CoiTu roily Redevelopment Agency (the ,:URA") 11strict. The D c ,( 1 s desgred to priwide financS assistan! to new -nd existing bi-ISn asses in the forr,, o. rent reimbursement intended to help businesses during the criticai first year of opr r,_hon, Th- t\ reseNqs .( rl tlt `,�) approve �"E' i t" Y :i � -Z� �� ✓�'rOv. .i� i '�, any �. '_� ltilr,� ��1 i y - a ( 9t; . r l -lute _E;il� , ayri _ ��i ._ ply ll�:i is �,. .n i, s.�.e it jetE "ii"i(Ps, ',.hat the business wik riot ad'v'ance the goLds aril"a objectives estac shed for redeveiopmerlt of the CRA District. The receipt of past payments is not a guar -i lee of future payor%-nts. For l':". es V Wit ripplil.cl°iOl the term 'new b'i7i( E:sS `neans c (:4om,,;Iar'iy in i ims thaq Si;C :1 "�U�;cl�1 �C, C ,1E (::r!11 E ="i;ting G operatics Li'e 1.RA 'or a two years at the time of apphoation and has at lei st two years remaining on ..s : 'ing lease. T h )Poon Beach GRA is ,i ill blic ngency and is jyvertwul by the i!.>fwk I'u bhc ReqvAs (_aW wider Flvriilci ME SOa1iE:s, C.la, .or 1 o. "\rly J0cl.'hE;nt", 5y 1!-)e iti ') may he subject to p( 'duc.t.ion� by trie CRA u ,on recei ", -,,Lib is rec5 r ue sn WPM IJi(M t any exe rpt o s provided by F=lorida Law A < 7-i 1l1 i E c; .'tai W.M,iy, GOpAK, Dock t, 33435 ;'iiun .561 13 256 rax_ t7Q 70 1253 Incentive Funding he, Rent Reinlbr-msenient Grant Program offerf> Imancial ass,-;,ance in the form W a) reimbursable grant in die form of a quarterly rent reimbursement. I-lie time per, 1 of eligibility for assislanc(-, is up to six months from the issuance of the City of Boy m) I-Aeach l3nsmiess -'Fax Receipt. FR& ! Reimbursements will not be paid until all construction has ended, Citv and C0UI-Ity licenn,,c, are oh,,tained and the business is open for opmaUon The 'J%A will issue reirnhusement on a quarterly basis directly to the applicant for the rent payment made to the landlord upon receipt and verification that the pay-�nt has been cleared by the bank. T'ht-, for A Mal payments is between the contacted partlm W An lease, as S" the tenant and the laand iord. Ao; gran or the CRA neither bears no ac(-,eois any res;',)i-,:-,ibility fnr payment of rent at any time, nor penakes incurred for the late arrival of by ;wy p,)rty. Eligibility Requirements /'aD, nILJM mept aN A the foPoWnp requireipmos in orcF r to be coni',i(.,ered eligible Wst be located within the CFRA District (see attached map). Must provide proof that the business K property licensed by all necessary levels W povernment and professinal associations or agencies (copies of city and Or (ec6pls tiiat the !icenses have been appired for") Cifl nr:`,i! ; mj rnskmAQ ,>nne6 ars-, N01 eligid)!e, M mishng business mus! expand to occu,)y more than 5016 of As current souale Wage size. Verification of this tWeshAd must be provided in the application nackage. Exceptions to As rule may be made at the discretion of the CRA Board if the tenant is losing their current space due to redevelopment of the site iif, Fxpem, consunmer c.redq teport mm! rr,,rect an le,/el I finamial MAN, SUm Me sole diso-ehon of thc CJ3,1. eii,ji5iiity I m Wa i S AA— Page 2 of 14 ke�)t 7 : T f ed—aWmv, %;P6,P Wch. I L 33 K; - kywc: CUI Vi -3256 Fax: PQ 737 1258 WOHIMenWnt for fu;)d n, i j. A copy of the consumer repol will be ryumed to the ,ipplicant upon request. Applicants must have an Experian credit score of 601 or hqher to be eligible. if one, or more business owner, the majority of 'L!ic� business owners must have credit scores of 601 or higher to be eligibie. Applicant nont have an executed multi-year lease (two year minimum) 1) 10 Corer ,PiciaI Rent I'Veh—lbursement Grant Progran, i--riay only he used one �v)(. 5Y c' )e S,-OW bur,ines,~ entity of business owrier. Grantees shall allow the CRA the rights and use of photos and project ��pplicafion !,iaterials Ineligible Businesses '11c, bUsincsses are considered ineligible for assistance Under We Co[l-nnercial Gr,-.i�it Program: i iro,,irin Sales Convenir.-tice Store Affiliated Retail Stores A Churches 'Non Prc'fif_�. Fitness Centers over 4,500 sq.ft. l)(-,r,k (-,ashing Stores _'ake-OuL Foods ,"\dt;!I Fnter,,iii-wnent Liquor Stares AJ i I Arwries f Vapor Cigarette, E Stores Tatars t Pawn Shops A&W a!-,d/')r Drliq Rehabili'tahon Tattoo �,hopsiBocly I erring/Body Wjersd lousks Art Shops Menical Research Centers/Housing Any other use that the CRA staff or [,,1assa,-.p:,/Peisor,,al Services CRA Boar-J' have Bete nnined not to support We redevEopmenl of the Di�r�r-L Grant Terms and Conditions This grant is divided into two tieis, of eligibility. Businesses are classified into tiers based cm 'ype of business Much to en determines theamot-int of eligible funding will be ba ed an, the applicant's project budget It the tinic Board approval. Nge 3 of 14 kent FeimkllsemeM �n 1 hFhv ov, Hymn" Bonch, I L 154 35 Phone PO 1) i 17 4256 Fav (5h1, 7 77 X2`58 Tier One Business (Full.-Service Restaurants Only) Tier Pushiesses are edgkie for rekwkwsemeM of 50'-;4; of the applic.atil's project as, s 11 h!]l it ted -,! the of CRA. Board @Dproval Ly to a r-nammor amount of un grail! Fund, Only fLhi sm-vice with a minimun, total seating cf50. sows are eyon to be in Ter One. The restaurant mus! have hours one (-.rve for the development of the downtown serving at least lunch and dinner. Proof of capacity shall be confirmed by a copy of the City of Boynton Beach Local BLUMESS Fax Receipt. Tier. 'i vin r3w;n-w""';s Tien Busiriesscs are eligible for reimbursement of 50% of the applicant's project aSUhllitted at the thre of CRA Board approval Uil to a MaXAWn amount of S241A & grant funding. TV 7w rksmeysQs mint be one of the following types of bininessw Vii"11 rota ;E < ting Clot!,,ng [3outiqUe -- clod hing, shoes qapacAy under 50 & accessories F ood Market Bakery ;3ed and E-eokfast Medical Offices Offic'c's Roal EstaOffices 114ness Center Ass than 4,500 sqJt e lnSLjrance Offices Bio more 11han 2 approvals per fiscal I Wrist (no n-iore than 2 at:q)rov,--ils per fiscal year Spacialy Rusin esses -- stationary, Hair/Nail 7a ons (no ri-iore than 2 lovals perfiscal Home furnishincjr. art gailerie,,, kitchen wares n I as Pye 4 W 14 kyrnbw.-N )qn" jyWon noynLnp Beach, FL33435 - ilune: 1561) 737 -3256 Fan nbl) 70 -3253 wwincAtchboyn Lon x:;: n) Leese Terjil,s If ti ;i r"lr'' I� 3 "F n<1nt, it n"1W have a proposed or executed Alli Wyear lease 'v';iith a rt7ini�" ,,�r of Iwr� year =, rct�Iaining on lease. The commercial lease must define the anr�' -tenant relationship and at nnininnurn provide the foilov,,,mg information A deschpt on of the ,space being rented, including square footage gild a drawing of the space: of utilities thal the tenant's re.sl-,onsibiilty. ectal rate and deposits along Mh terms of lease and methodology for future or:; inceases: rimrorSNe party for Intehor and e,Xtehor repairs and/or irnpraveniE'il& of de= on the lease. Sut��F:iiing of the property by grant recipient is prohibited. Violation will constitute repa ic'<=:nt of Ci:A c,rant funding. The CRA considers the following to he subletting: An' sines or,tity in v ,ich th(-, A) gra & recgjent is M 1650 as the regi ,lerel agent, IiiE'gWr of saki l_ ulna .5, t_,) Is, i!.s i)iacE )` i--,t.is!ness as "he leased prey ,Irani: recipient, or C) has obtained a business tax license `rcim the City ,f E� ,i�ion Bepch for the grant recipients' leased prennses or ally part thereof. Pror,a`;es I)1;I i be eXeCLILed within 0 days of CRA o?'-d approva3 or the Grant Application Process Apt,;;,7 )Bons can be obtained from the CRA office located at 710 florth Federal l ighw l Boynton Beach. FL 33435 or downloaded from www.catchboynton.com. All appPonts are rc r,anmed to meet with WRA staff 6 order to rir,tennne ekibllin, before Suh- Kqd an ;'3r0ohniv FundAy rem ,oWs AM no! Q . -3r1,` i Bred Lin! 1 AH required doci� ,ntmho I � ,t;�;n>>tted to the GRA �; ice. Api- = A&P, to ON grant program is not a guarantee of funding. Funding is at the sole r;isc ;n c f t'+e (J-,A, Board. n'�riV— - nt. fin)bur-,,e hent 71 Math Federal HgVi ny, Boynton Beach, FL 33435 — Phone: 061) 07 -3256 Fax: Owl) 737 -3258 vv,,',w.catchboyiltc��.can,, /',P;-= muqt subnil an or vaginal. "haW copy" appHcabon \,vith ali to !iw CRA for !t,Vlf-\N and approval by the CRA [-',card. Applicants will be considered on a first- conw, 50 served bast. Application packets must include the following documentation: inon-r(Jundable fee of $100 is required to obtain a consumer c"M report on :he Ashess and rohncipaVowners of business. Make check payabl;:- to .3oynton 1(-,r each pAnwpal/o,,,m-ie,, of the business. 7opy of the corporate documents for the applying business entity. Copy of City and County Business Licenses (Business Tax Receipt) A Wy of executed multi-year commercial lease agreement. years of corporate tax returns (for existing busines ,-es only). Two years of personal tax returns for the principal/owners of a new husiness. isf of jobs to be created and filled including job descriptions, pay range and schedule. For existing Minesses provide a list of all current poslons ci��ding job descii;.-)tions. pay range and weekly schedule. in existing bushess must expand to occupy more than 50% of its current pTiare footage We VerTcation of this MGM rwist be Fyc Aded in the i-.ackage. Excephons to this rut may be made at the discretion of the ATA Board if the tenant Q losing their current space due to redevelopment of the ate 1cyliplefed ind signed application (attached). j!horiza�i-m to perform credit check fo;- the business and each pt,ncipal/owrler r"f 1,I)e (attached). (a,Lached). Approval cof Funding Request All t- docu-nentann tion ust be subnWed no later than �iocin n the fir:;L Tuesday_ of ................. "vil, rc�vievv Win aq&�aflcn verify th-a, the project s ell,-Iible for rW:"jsPn,eW. K it me(As 'hese requdemenfs,, CRA staff Ad fresen! No funding to the CRA Board for revievv and approval The 17RA Board 1peeM on the second Wes ay of each month. The schedule for CRA E oar, --Icrtings can be obtained at www.catchboynton.com Applicants W be notified of thn AN and We that their applications will be considered by the CRA Board. Mye 6 A !,I 7W '- Ah Fed-rd lfghway, Royw" Beach, FAVY - OwHy P61) 737 -3256 Fdv (5&I) 737 -3258 vpm cnWhhowqonxow) We URA recommends that applicants attend the CRA Board meeting dUl-,g Which the Koh; Ml consider their applications in order to answer any questions the CRA Board may hove regarding their applications. CRA staff will notify the applicant of the CRA 13o;mi s approval or denial in writing. Pro: -,,d must be executed within 30 days of CRA Board approval or the grant Site Visits CRA may conduct a site visit prior to transmitting the application to the CRA Board and once. We orlect is completed. Staff may also conduct unannounced site visits before, dur, i -,md after the prQent in order to determine and ensure compliance with the terms of N � int agreement. Proccdures for FKAMbUrsement QUM Orly rent -einibursement payments will be provided to the grant recipient beginning the 'i st month the business is open for operation subsequent to CRA Boa!d a[Dproval. A maynyvi of 12 consecutive nvmthly rent payments will be r6nnbursed to the ar)provecl npp . W! 1 an v K MY cc ninde Win 10 days of We starl, of the next applicable ci'-larter :',g on ,--�! uary April 1't, JUIY " and October 15` following the nitial Rein-ibursr:,ment Request. In o, , c- in receive quarterly rent rehlbursement the riranL -Int 1-11USt t the folk, 1 , Or request for reimbursement. 7 Ploof of rent payment (ka, copies of the Ont and back of cancell(-�d checks for m! ciim;tcr'F; reirnNosement cr proof of direct deposil) ;�O! ;tE4 („It i quart(Lrl -ein-ibusement request Athin 30 days folloyAng the [1-c, quader in which andcant is reQuesUna rehibusement.appIkon` forfeits Alk- Age 7 of 14 Rent Reimbursement 7 i !Mh Kederal Mghnny, Boynton Beach, FL 33435 -- Phony (561) 737 -3256 Fav abl) 737 3258 Chi sc.,,,mbriiiation of Pa.ymcrt The mcept of past pappents is no guarantee Of future payments. The CRA tetains the nigh' K discos time rent reimbursement payments at any time according to its sole and alom A: dwretion & 113MISSIONN OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It r TP rosponsIdAy of the applicant to READ AND UNDERMAND all asDe(-.ts of the Grant Progrants Rules/ReClUirei,.ients ;,--mal Application, NOT &F 70 VHRD PARTIES The grant application program does neat create any nghK W nny Mes, including parties that performed work on the project. Nor shall iss orni W n nyartl resuk in any obligation on the part of the Ci,,A to any 1,[-rd i_) arty. The KI'M tic! required to wrly that entities that have contracted wKh the a0plicant have beep ma ui ful or that such entities have paid any subcontractors in full. Apl)Iicant's 'that all bills related to the Project for which the applicant is directly iespo�-Isible S ff I"i e I I t Assurance for the CRA to award grant funding. [Age S M 14 Hent Reirnburwrent 7 ; 1h Wort Hyhymy, Boynton Beach, FL 33435- Phone: §61) 737 -3256 Fav 061) 737 458 wwvocatchboyntomom r ; 1\1 TAT)INNI B E/Sx H APPLICANT INF'ORMATION BUS!!jta:S S INFORMATION: Bus!-es,-; Name (d/b/a if applicable): _a_ _�� -------- ---------- --_._ Cur~ to ness Address FeC mus Phone N -;mber _- - Fax: - We I t -c. = � ,t a'0 c — --- -- -- _.. t E xi:,, New Flohnss to Boynton Bea ch Yes NC) Do vn� l.am an exeMed lease agreement: Yes -- Qj -�- No if S- 1) n'VAllse ralir "Jen OP -> Add t s< Squ r Wagc of currem oC%aUon: v Uarp footage of ilew locatloil: -r Nur, --LA / hours cf C7peratic�r.: -e- - I[ e'er Page 9 of 14 7i .�i,, I ,,...�. if �,..J„ Foy , un B"ct FL33431 -.. I:> mi) e ,'51611) i'.. 1,56 Iax. ✓�tu,rw.catchboynlon.ctli�l B E AC t. D I API" L.K"ANT INFORMATION PRINCIPAUOWNEVI' NFO-FRIM ATION: (If more than 4 principals/owners additional sheets may be used) 1. Principal/Owner- game __ jAyE -J 5,�- 1.,DL Date of Birtf L Residential : Cell Phone N ll_>ef: g 2. Principal/Ov,/,ier ^,lame: Date of Birth =_r7��,�, Residential f,,dclress: Cell Phone fJUmIlDer: 3. Principal/Ov,,r,�:r 'game, Date of Birth Env' Residential Address: Cell Phone rJ;-,rn:-)er: 4. Principal/Ov/rir Name: Date of Birt, Residential Ad,, rens: Cell Phone P Ige 10 of 14 CnL t;(,i!-bursewent. 710 North fed, ,, "i hw i� �;�t 561) 7Ji ;2 6 Fax: (5� 1 n 1"'S'A Oyi nA °� AE F'LICANT INFORMATION Are you applying for grant assistant under any other program offered by the CRA? (pier One Businesses Only): Yes_ _ No If yes, what additional programs are you applying for: --- Are you receiving grant assistance under a-y other governmental agencies: Yes e No If yes, list any additional grant sources and amounts: LANDLORD INFORMATION: Landlord Narne: , � Landlord's Mailing Address Landlord's Phone 1,,iumber. _ CERTIFICATION ANC) WAIVE-R OF PRIVACY: I, the undersigned aiaplicant(sj cr'i', 'Lrat irn,tormalior, prese tc-i in this application),, and all of the information furnished in support of thy: application is given for the purpose of obtaining a grant under the Boynton Bea(-;!- Gomri-unity Rec.ievelopment Agency Commercial Rent Reimbursement Grant Program �wCJ it is true and coT) e:.e to the best of my knowledge and belief. I further certify that I am aware of thu- Fact that I can be penalized by fine and/or impri:;o�-vnnent for making false statements or present nc; `,)15e information. I further acknowledge -ha! I have read and understand the terms and, con(iiions set forth arld described in the E3oyrntan E3��iach Community Redevelopment Agency Commercial Rent Reimbursement Grant Program Rules and Requirements. Understand trial anE_iiG;3t' ,� ,� 'i uarantee of Grant c1�-Sista'lce. and t'!�3i =i'�N,3rd of grants is at the sole �!sc;eJcn v` C.OIn�i'1L+i)ly r�edE'Veloptnnent t+CE'nC `y �Ird. 1) ialS �n I.1 Ll I I (,;erlt !\'eillibursemlent 710 North Fede4 'ha hway, Boynrr)i Beach, FL 33435 — Phone: (561) /37 -3256 Fax: (561) /3? -3258 r,�w.c�,tchboyr:toir.c„r,� BE, Al""PLICANT INFORMATION I understand that the purpose of the grant is to further the Boynton Beach Community Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason. including the reason t'iat granting the award will not further the Comnn,,nity Redevelutrnie-,t ,Should my application be approved, l under stand that the Boynten beach Coil°Duni , Rc-levelopment Agency may, at its sole dfi 7c�etion, discontinue Subsidy payments a .a!-iy time ` it its sole and absolute determination it feels such assistance no longer meets the prograll� cr.teria or is no longer benefiting the furtherance of the Boynton Beach Community Redevelopment Plan. I hereby waive my rights under the priv,-icy and confident a'ity provision act and give; my consent to the f3oynfon Beach Cunn _nity redevelopment Agencv, its agents and contractors to examine any confidential given herein. I further grant permission, and authorize any bank, employers or other pubic or private agency to disclose information de,>med necessary to cornple'e this applIcal+or� I specifically authc .i.-e the f 'F3c-hi Cemrinunity Redeveionment Agency to run a credit report as part of thts applic +tics-, -tnd ander �an;i that informalion in my credit report, including a record of bankrupt- nla, 4y i `r:_,.;,, obtaining grant funding. give permission to the Boynton Be,icil r;emmunity Redevelopment Agency or its agents to take photos of myself and busines3 to be used to promote the program. I understand that if this ap,)licaticr al•d L-,` =-formation fumished in support of the appl,cation are found to be incornplete, It will be riot processed. SUBMISSION OF ATS APPLI IATION IS NOT A GUARANTEE F FUNDING It is the respUnsir>iAy of the a, N'icai t t-'1--AD AND UNDERSTAND all aspects of t1-o "rant P,c gra S i�_ l"'`" illentS and i'\ppIIC 3ilon. �nitials _ t'-rcie .12 of 14 � ciit n-abursement 710 North Feder;il f{ dhw w P- -h. 33,1+35- Phn e: j 61) i 7 -3256 Fax: (561) i,v ".C-i''.hbC�ynt:0h_CQnI ACr' '1 APPLICANTINFORMATION APPLICANT SIGNATURES Principal/Owner �ign sur Date Printed Name !-it!,- 2 -itic2. Principal Gwi,,'i - ;;gnature Pate -- .._.....------------ Printed Nan_e. Title 3. Principal/Owen- ':ate Printed Name l iUe 4. Principal/Own,'- ign it ,re Date Printed Name Title 01a!"y as 1O PYlt)6j)L11/0wr7r)l 1r11 1,-) t7!7tc7ty j.)<tCjf3S may be L1SGC/ lir SK¢I')li1Cf" individually STATE OF �- �` �'�-------- _-.COUNTY OF k� ° r, BEFORE ME, an n,ficer duly a -ho:iz . ; by ir�w to administer oaths anc; take acknowledgements, personally appe:1-c(; LIE -_r� f_r L---- _ who i.. <3r e sonally a ;o^✓n o r;E or produced as dentiflcation, an..; 1-1(-know1e,"Jced he/she executed the fore, )ing '^e use ar i pun �� .�i ientioned in ` and th<:t the instrument is his/her act and deed IN WITNESS OF THE FOREGOING, 1 have set ;',�y nand and official meal in the State and County aforesaid on this _ � c, f 20 NfuTr t -iC �— vly C` 1 ss�on Expire_;. t Y Bonnie Nicklien o�NOTARY PUBLIC a e 13 of 14 STATE OF FLORIDA COmm#0 E,1 4 710 North Fedi ,a ;1�v,�-)�� `ion,"t, a3 --r'' n�: ; (�t) 737 -3256 FaX�"( ��r) �/�w C ? F yY. BOYNTON ~QBEACH Yt ''t '- ri4 tiCRA,_ APPLICANT INFORMATION APPLICANT SIGNATUREEt. 1, )6 4�� // ..C�— U" Principal/Owner's Sigge Date LyEK— t Printed Name Ti 2. Principal/Owner's Signature Date Printed Name Title 3. Principal/Owner's Signature Gate Printed Name Title 4. Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures - Multiple notary wages may be used if signing individually STATE OF I sd o(< COUNTY OF � ��t1� ``�"ILI BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared K)C)We& H who is/are personally known to me or produced )�, tt--- — ' -- fol_ as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand'and official seal In the State and County aforesaid on this ;9-C1 day of 0 N ARY PUBLIC JOHN MICHAEL SAYNE My Commission Expires:,,) �j MY COMMISSION#FF187727 EXPIHES February 3,2019 anal a f l�:rl �� e 13 of 14 Rent Reimbursement 710 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737-3255 www.catchboynton.com SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Lgoj6rd's Sig tune ---4a—te heff lid Printed Name Title Landlord's Signature Date Printed Name Title STATE OF_ O'= ' COUNTY BEFORE ME, an officer duly authorized by law to adpinister oaths and take acknowledgements, personally appeared. who is/are Prknallynoy'n to me or produced as identification, -acknowledgedshe executed the foregoing Agreement for the use and purposes mentioned In it and that k instrument is his/her act and deed. IN WITNESS OF THE FGRE GING, I have set my hand and official seal in the State and County aforesaid on this day of 2011_. VWWJOPun qAnd/4M MU PWWG loik 4" LL0Z'UAnr:83W1dX3 ...................TF NOTARN4,PUBLIC V*131JRta My Commission Expire Y- Page' of 710 N.Federal Highway Boynton Beach,FL 33435 Phone 561-737-3256 Fax 561-737-3258 w...._ .catc boynton.go 2/7/2018 PAPA Maps mOT k � a ( t _ Search by Owner,Address or Parcel � View Property Record Ownersr YACHTSMANS PROPERTIES LLC t1 A, ,k ar l Property detail " Location 1 550 N FEDERAL HWY 1 V 1t its: - - Municipality BOYNTON BEACH +� Parcel No. 084345220600006301,'§ Subdivision COQUINA COVE IN Book 27258 Page 86 �;� �. er - NF-15tla PI Sale Date DEC-2014 + STAJUS CONSULTING LLC C/O 80 BUSINESS + - Mailing PARK DRSTE 103 Address ,`•k i �, u, ARMONK NY 10504 1704 Use Type 1 100-STORES - t Total Square Feet 16772 r t }�1V1Wa�IlirbSk{},?1;\J7t�S�b11J)\J�il11aS\$�U1lJ)1y�il11aS1A$U1lJ)hy�illlaS\$�Ullv+�s� �{ � � � I I ��, t I I Sales Information j s , r Sales Date Price 1'>7� DEC-2014 3412500 AUG-2005 4700000 JUL-2005 10 JAN-1986 100 AN-1986 750000 1 2 t Appraisals '0 Tax Year 2017 ++ - Improvement Value $898,823 Land Value $862,179 - 7 ��iTotal Market Value $1,761,002 , rs� All values are as of January 1 st each year Ic1�� z Murano Bay CSr -,'.,'{z��sn,ta+>a�ros>a�ros>swos>awos>swos>swo}la�ros>a�ros>swos>s�Ua,'fi� � � 5 Assessed/Taxable values Tax Year 2017 1 Assessed Value $1,690,530 s, 1' --Muirana.FSay.Dr Exemption i 1 $0 Amount Taxable Value $1,690,530 � ,t*kt1ppDllAUAlAI1,U,G1Stk1V1lAUAlAI1,U,G1Stk1UlAUllpI1,U,G1Stk1UlAUAIC;�{'�f h '� S � - - - _ l�� Y .f+ fi. r� .. �n i• _ i Taxes Tax Year 2017 Ad Valorem $36,575 `, Non Ad Valorem $7,878 http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522060000630# 1/1 LEASE This Lease (the "Lease"), entered into on 01 h), I )'e,, 6 between YACHTS ANS PROPERTIES, LLC, a Delaware limited liability company,having its principal place of business c/o Stajus Consulting, LLC, 80 Business Park Drive, Suite 103, Armonk, NY 10504, referred to as "Lessor," and a !LnL:��M ,�(LLC,-�,,havirij its principal place of business at -�x --�11-l" referred to as"Lessee." SECTION ONE DESCRIPTION OF PREMISES Lessor leases to Lessee the store premises (the "Premisee') shown as "Units 1-3" on the Site Plan attached hereto as Exhibit A, located in "Ocean Palm Plaza- Building 1550" at 1550 North Federal Highway, Boynton each,Florida(the"Shopping Center). For the purposes of this Lease, "Units 1-3" shall also include both bathrooms and the hallway between bathrooms located between"Units 1-3"and "Units 4-6" as shown on the Site Plan attached hereto as Exhibit "A." (Lessor reserves the right in its sole discretion to change the name of the Shopping Center at any time, with or without notice to or approval of Lessee). SECTION TWO TERM The initial term of this Lease ("Term" or"Lease Term") is approximately Five (5) years, beginning on the Delivery Date (as defined in Section Four)(the"Commencement Date"), and terminating on the last day of the month in which occurs the Fifth (5h) anniversary of the Rent Commencement Date, as that to is defined in Section Three, (the "Termination Date"), unless the Lease is extended as provided in Section Thirty-One.Any Extension Term,properly exercised, shall become part of the Lease Tenn for all purposes hereunder. SECTION THREE FIXED RENT AND OR CHARGES A. FIXED RENT. Lessee shall pay Lessor Fixed Rent, in advance, without any offset or deduction on the first day of each month of the Tenn in the following amounts(which amounts do not include applicable Florida Sales Tax, which in all events shall be paid by Lessee): Year PSF Rent Annual Rent hjgnjLRg!]Lt 1 $18.00 $73,116 $6,093 2 $18-54 $75,309 $6,276 3 $19.10 $77,569 $6,464 4 $19.67 $79,896 $6,658 5 $20.26 $82,293 $6,858 B. RENT COMMENCEMENT DATE. Lessee shall begin all payments of Fixed Rent, unless otherwise specified in this Lease,on the Rent Commencement Date,which shall be one hundred thirty five(135)days from the receipt of a final construction building inspection from the City of Boynton each. C. INITIAL OPERATING EXPENSES:$7 per square foot per annum($0.58 per square foot per month), payable in monthly installments on the first day of each and every month during the Tenn (subject to periodic adjustment pursuant to Section 8). Lessee's Proportionate Share of Operating Expenses shall be 21%, which share is derived by dividing the number of gross rentable square feet contained in the Premises (stipulated to be 4062 square feet) by the "Gross Rentable Shopping Center Square Footage, (19,334), which is the aggregate number of square feet contained in the Shopping Center being used for retail purposes, Less-or may adjust the Gross Rentable Shopping Center Square Footage to account for outparcels shown on the Site Plan to account for the fact that such tenant(s) or occupant(s) may pay or incur certain Operating Expenses directly. D. SECURITY DEPOSIT: $8,632. The Deposit shall be held as security for the payment of Rent, and for performance of all other terms,covenants and conditions of Lessee hereunder;the amount of the Deposit, without interest,shall be repaid to Lessee after the Tenn ination.Date, provided Lessee shall have performed' all terms, covenants and conditions under this Lease. Upon any Event of Default by Lessee, all or part of the Deposit may, at Lessor's sole discretion, be applied on account of such default, and thereafter Lessee shall promptly restore the resulting deficiency in the Deposit. The Deposit may be co-mingled by Lessor with its own funds. Lessee acknowledges that the Deposit is not to be construed as prepaid Rent by Lessee for any rental period during the Tenn. The Deposit is in addition to, and not a substitute for any statutory landlord's lien provided under law. ALL(cA,, 4A Sljn-'14Lkpa 11 Qc"JL E. DUE ON 93fiFst M0141.2-- , operatifw��2-29 apPUQaWC4d"-:taX-- JU- x-qL,,qQ- S 0"t'CJL-161X F. PAYMAT; LATE FEES: Fixed Rent, 011erating Expenses and any other payments due under this Lease(whether or not designated as"Additional Rent"hereunder)shall be collectively referred to as"Rene'. Lessee shall pay Lessor the Fixed Rent and Operating Expenses in monthly installments each month (plus any applicable Florida Sales Tax), beginning on the Rent Commencement Date,with succeeding payments as called for in the Lease due on the 11 day of each subsequent month during the Term of the Lease. Late Fees equal to the greater of Two Hundred Dollars ($200.00)or ten percent (10%)of the past due amount, plus interest calculated at the to of 1.5% per month (or if less, the maximum amount allowed under applicable law) shall be assessed if Rent (or any portion thereof) is not received by the 5'h of the month in which it becomes due. In addition to the foregoing Late Fees, bad checks shall also incur an administrative charge of Fifty Dollars ($50.00), plus any fee imposed on Lessor by its bank or financial institution. IT-- si-rrm FOUR kvs-- CONDITION OF THE PREMISES Lessor shall deliver the Premises to Lessee with all of Lessor's or (as described in Exhibit B attached hereto) substantially complete no later than the Outside Delivery Date (as defined in Section Seven), Unless Lessor is delivering possession on execution of this Lease, Lessor agrees to provide Lessee with at least three (3)days notice of the date on which Lessor intends to deliver the Premises.which date shall be known as the "Delivery Date". Lessor and Lessee stipulate that the Premises will consist of the number of square feet of leaseable area set forth in Section Three(C), Except for Lessor's or , the Premises shall be delivered in strictly "AS-IS, WHERE IS" condition and Lessee shall accept the same in the condition existing on the date delivered without claims for repairs or improvements. Acceptance of the Premises by Lessee shall be construed as recognition that the Premises are in a goods of repair and in sanitary condition on the date delivered, which Premises are hereby accepted by the Lessee. Lessor makes no express orimplied warranty or representation as to the fitness of the Premises for Lessee's intended use. nor the existence oro eration of other tenants or occupants within the Shopping Center, nor the condition of any systems or services serving the Premises, including without limitation the HVAC or any utility service. Lessee shall arrange and pay for all utilities furnished to the Premises for the Term of this Lease, including,but not limited to,electricity, gas, water, sewer, and telephone service. Lessor must approve Lessee's construction is for its initial build-out in writing before Lessee may begin any work in the Premises. SECTION FIVE USE OF PREMISES; RESTRICTIONS ON USE Lessee may use the Premises for the purposes of a"commercial kitchen,culinary incubator,and retail kitchen " (the "Permitted Use"), and for no other use or purpose. For the purposes of this Lease, a "commercial kitchen,culinary incubator,and retail kitchen" shall be defined as the following- Commercial Kitchen- a place of business we different foods are prepared and cooked for wholesale and retail sales and distribution. Culinary Incubator- a place of business that is outfitted as a commercial kitchen and is subleased in-part to chef entrepreneurs and other small food related business for the purpose of preparing and selling different food cuisine. Retail Kitchen- A place of business that offers food and beverages for sale to the general public. For the purpose of this Lease,the Retail Kitchen shall be limited in size and scope to less than 33%of the Premises. Lessee shall operate under the trade name" i rA-4 L-LC and shall not change such trade name without the prior consent and approval of Lessor'�Vhf�ich�may_be granted or withheld in Lessor's sole discretion. Lessee shall restrict its use to such purpose,and shall not use or permit the use of the Premises for any other purpose without the prior,express,and written consent of Lessor or Lessor's authorized agent. Lessee shall not use the Premises in any manner that will increase risks covered by insurance on the Premises and/or result in an increase in the rate of insurance or a cancellation of any insurance policy,even if such use may be in furtherance of Lessee's business purposes, or allow a lien or other encumbrance to attach to Lessor's estate. In no event shall Lessee violate any of the Exclusive and Prohibited Uses listed on.Exhibit C. Lessee shall not keep, use, or sell anything prohibited by any policy of fire insurance covering the Premises, and shall comply with all recommendations and requirements of the insurers applicable to the Premises and necessary to keep in force the casualty and liability insurance. 3 OtV_ Lessee agrees to initially open for business on or before the Rent Commencement Date, and continuously operate its business in the Premises fully stocked, staffed and fixtured,during regular business hours(at least 9 am to 5 pm Monday through Saturday) during the entire Lease Term. Upon written consent by Lessor of Lessee's plans to expand the size and scope of the Premises. Lessee shall be allowed to expand the size of the Premises to include the outdoor space directly adjacent to the western most wall of the Premises, If approved by the City of Boynton each and Lessor.the expanded outdoor space shall include parts of the Shopping Center that are currently 6-driveway" space. SECTION SIX WASTE,NUISANCE,AND COMPLIANCE WITH LAWS Lessee shall not allow any waste or nuisance on the Premises, nor use or allow the Premises to be used for any unlawful purpose or in an unlawful manner. Lessee shall comply with all laws, rules, regulations or ordinances governing the Premises, shall obtain and keep in full force and effect all occupational, sales tax or other licenses required by any governmental agency having authority over Lessee's business, and shall pay all dues, fees, taxes or other charges imposed on Lessee's business by any authorized governmental authority. SECTION SEVEN DELAY IN DELIVERING POSSESSION Lessee shall receive the unit upon execution of this lease in "as-is" condition, however this Lease shall not be rendered void or voidable by the inability of Lessor to deliver possession to Lessee on any specified date. Lessor shall not be liable to Lessee for any loss or damage suffered by reason of any delay; provided, however,that in the event,for any reason, Lessor does not substantially complete Lessor's or and deliver the Premises within 120 days of the execution of this Lease Agreement("Outside Delivery Date"),the Rent Commencement Date shall be extended one(1)day for each day of delay in completing Lessor's Work.No extension of this Lease shall result from a delay in delivering possession. SECTION E I G1 IT OPERATING EXPENSES A. The to "Operating Expenses" shall mean all costs and expenses incurred by or on behalf of Lessor in operating, managing, maintaining and repairing the Shopping Center, including, without limitation, all costs with respect to insurance expenses, real estate taxes (whether general or special, ad valorem or otherwise),all costs and expenses of operating,managing,maintaining,repairing and replacing, signing, cleaning, painting • striping of the Shopping Center (including, without limitation, the cost of uniforms, equipment and employment taxes);payroll burden of all employees(payroll taxes and employee benefits); security; alarm, surveillance and life safety systems;janitorial services; maintenance of sprinkler systems; removal of water, trash and debris; payments required by governmental authorities; costs and expenses in connection with maintaining governmental authority ambient air and environmental standards; the costs of all materials, supplies and services purchased or hired therefore; operation of public toilets; maintenance, repair and replacement of the roof, utility systems serving the Shopping Center including, without limitation, water, sewer and storm water lines and other utility lines, pipes and conduits® 4 management fees, costs and expenses of inspecting and depreciation of machinery and equipment used in the operation and maintenance of the Shopping Center and personal property taxes and other charges (including,but not limited to, financing, leasing or rental costs)incurred in connection with such equipment: costs and expenses of capital repairs and replacements to the Shopping Center, including,without limitation, lighting and shrubbery; costs of providing water, sewer, power and other utilities to the Shopping Center, the cost of any capital improvements made to the Shopping Center by Lessor that reduce other Operating Expenses or made to the Shopping Center required under any governmental requirement;and administrative costs attributable to the Shopping Center for on-site personnel and an overhead cost equal to fifteen percent (15%) of the total costs and expenses of operating and maintaining the Shopping Center. Lessor may elect to amortize any of the foregoing costs and expenses over such period as Lessor shall determine together with interest at the to of fifteen percent(15%) per annum. B. Commencing Ninety (90) Days from the execution ofthis Lease or upon receipt of final construction inspection from the City of Boynton Beach,whichever is first,Lessee shall pay, with each monthly installment of Fixed Rent,one-twelfth (1/12)of Lessee's Proportionate Share of annual Operating Expenses. Such amounts shall be calculated by Lessor based upon the prior (calendar or fiscal, at Lessor's sole election)year actual amounts incurred by Lessor with respect to such Operating Expenses and Lessor shall include an amount reasonably estimated by Lessor toward any increase in such charges for such succeeding years. Lessor may at any time increase such estimate of the Operating Expenses in accordance with the provisions of this Section. Upon determination by Lessor of the actual amounts incurred by Lessor during the then current year for such charges, Lessee shall pay upon demand the amount of any deficiency in such estimated payments toward the actual amounts incurred therefor by Lessor, and Lessor shall credit any overpayment by Lessee toward the next accruing monthly payments for such charges until fully recouped. Lessee's obligation to pay the Additional Rent pursuant to this Section which accrues during the Term shall survive expiration or earlier termination of this Lease.After the end of each calendar year during the Term, Lessor shall furnish to Lessee a statement in reasonable detail of the actual costs and expenses related to the Operating Expenses payments, and the shall be an adjustment between Lessor and Lessee, with payment to or repayment by Lessor, as the case may require. Any required repayment by Lessor may be accomplis ha at Lessor's option, by crediting the amount of overpayment against Fixed Rent or future monthly payments of Operating Expenses(or any portion thereof as determined by Lessor)which may be or become owed by Lessee, and shall be deemed conclusive between the parties. Such statement may also contain an estimate by Lessor of the Operating Expenses payments for the next succeed in year,and Lessor may adjust from time to time the estimated payments of Operating Expenses. Until such time as Lessor provides a statement adjusting the estimated Operating Expenses payments, Lessee shall continue to make payments in the amount of the prior estimated amount from Lessor, subject to adjustment pursuant to this Section, and upon notification of the increase by Lessor, Lessee shall pay the full amount of the increase which is due for any prior months during the adjusted period and thereafter continue to make payments at the adjusted amount. SECTION NINE REPAIRS AND MAINTENANCE A. Lessor shall maintain the roof' foundation and structural soundness of the exterior walls (excluding all windows and doors)of the buildings and the Common Areas located in the Shopping Center. 5 LA, B. Lessee shall, at its sole cost and expense, maintain, repair and replace all other parts of the Premises in good condition and repair including, without limitation, all utilities, fixtures, mechanical, electrical, plumbing systems and equipment located i , on or about the Premises, and the heating, ventilating and air conditioning ("HVAC") system(s) servicing the Premises. Lessee, at its sole cost and expense, shall keep and maintain the Premises and the areas immediately surrounding the Premises, at all times in a neat, clean d sanitary condition (including the removal /or disposal of any trash) and in accordance with all governmental requirements, and Lessee shall, at its sole cost and expense, repair and replace all damage to e Premises caused by Lessee and its agents,officers, employees, contractors and invitees. If Lessee fails to comply with the above obligations and such failure continues for three (3)days after notice from Lessor, Lessor may perform, but is not obligated to perform,any such Lessee obligation,and the cost thereof shall be paid by Lessee as Additional Rent within ten (10)days of demand from Lessor. It is the parties intention at the Lease be a "net lease", and Lessee shall pay, in addition to Rent, all costs and expenses related to the Premises, including without limitation, all maintenance, repair and replacement expenses, except as specifically provided to the contrary in this Lease. Lessee shall throughout the Term maintain a service contract with an air conditioning repair firm approved by Lessor, at Lessee's sole cost, for the regular and emergency maintenance and repair and replacement of the HVAC systems servicing the Premises, including, without limitation, the periodic cleaning of the coils of the HVAC unit. Neither Lessee nor Lessee's employees, agents contractors or invitees shall be permitted access to the roof of the Premises or Shopping Center.Additionally, if the HVAC system (or other utilityequipment) is damaged by vandalism, fire, lightning or other casualty, Lessee shall be responsible for the cost of repair(and if necessary,replace) the equipment. Lessee's sole right of recovery shall be against Lessee's insurers for loss or damage to stock, furniture and fixtures, equipment, improvements and betterments. For any work that Lessee is responsible under this Lease which involves access to and/or penetration of the roof surface, without limiting Lessor's right to approve any alterations or work (and contractors performing the same) as provided in Sub-section (C) below, Lessee shall provide Lessor prior written notice and shall employ Lessor's contractor at Lessee's sole cost.Notwithstanding anything to the contrary contained in this Lease, Lessee shall not be permitted to perform y structural alterations or repairs to the Premises, and at Lessor's sole election either Lessor or Lessor's designated contractor shall perform, at Lessee's sole cost and expense, any such structural alterations and repairs. As a part of Lessee's general maintenance obligation, Lessee shall enter into a annual contract with a licensed, bonded and insured pest control contractor reasonably acceptable to Lessor, fully licensed to inspect and treat for pests, which shall provide services as dictated by Lessee and as Lessor may reasonably require from time to time. Upon demand by Lessor, Lessee shall furnish to Lessor a copy of the pest control maintenance contract described above. Nothing stated hereinabove shall limit Lessee's obligation to maintain the Premises free of pests throughout the Tenn.Lessee shall also close out any permits pulled by or on behalf of Lessee. C. Lessee shall not make any alterations to the Premises without the prior written consent of Lessor. Lessor shall not unreasonably withhold its consent to any interior, nonstructural alterations, but Lessor may withhold or deny its consent to any exterior alterations,or to any alterations which affect the roof, structure or mechanical electrical or plumbing facilities serving the Premises in its sole discretion. In any event, Lessor must approve any contractors Lessee may engage to perform y alterations in, on, or about the Premises. D. In order to comply with the provisions of Section 713.10 Florida Statutes,it is specifically provided that neither Lessee nor anyone claiming by, through or under Lessee, including,without limitation,contractors, subcontractors, material en,mechanics and laborers, shall have any right to file or place any kind of lien whatsoever upon the Premises or the Center or any improvement thereon,and any such liens are specifically 6 prohibited. All parties with who Lessee may deal are put on notice that Lessee has no power to subject Lessor's interest to any claim or lien of any kind or character, and all such persons so dealing with Lessee must look solely to the credit of Lessee, and not to Lessor's interest or assets. Lessee shall put all such parties with who Lessee may deal on notice of the terms of this Section. If at any time a lien or encumbrance is filed against the Premises or the Center as a result of Lessee's work,materials or obligations, Lessee shall promptly discharge said lien or encumbrance, and if said lien or encumbrance has not been removed within ten(10)days from the date it is filed,Lessee agrees to deposit with Lessor cash in an amount equal to one hundred fifty percent (150%) of the amount of any such lien or encumbrance, to be held by Lessor(without interest to Lessee) until any such lien or encumbrance is discharged. SECTION TEN SURRENDER OF PREMISES Lessee shall surrender the Premises at the end of the Term,or any renewal of suchTerm, in the same condition as when Lessee took possession,allowing for reasonable use and wear. Before surrender, Lessee shall remove all business signs placed on the Premises by Lessee and restore the portion of the Premises on which they were placed in the same condition • when delivered by Lessor, specifically including any vaults, safes, or other fixtures, and restoring such portion of the Premises. Lessor shall have the right 30 days prior to the termination of this lease(or at any time Lessee is in default of its obligations under this Lease)to place"FOR RENT"signs(or their equivalent) in or on the Premises. SECTION ELEVEN PARTIAL DESTRUCTION OF PREMISES Partial destruction of the Premises shall not render this Lease void or voidable, nor terminate it except as specifically provided in this Lease. If the Premises are partially destroyed during the Term of this Lease, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations., within 180 days of the partial destruction. Written notice of the intention of Lessor to repair shall be given to Lessee within 60 days after any partial destruction. Fixed Rent will be reduced proportionately to the extent to which the repair operations interfere with the business conducted on the Premises by Lessee. If the repairs cannot be made within the time specified above, Lessor shall have the option to make them within a reasonable time and continue this Lease in effect with proportional rent rebate to Lessee as provided for in this Lease. If the repairs cannot be made in T 80 days, and if Lessor does not elect to make them within a reasonable time, either party shall have the option to terminate this Lease. SEC TIONTWELVE ENTRY ON PRF,MIS17S BY LESSOR Lessor reserves the right to enter on the Premises at reasonable times to inspect them, perform required maintenance and repairs, or to make additions, alterations, or modifications to the Common Areas or to any part of the building in which the Premises are located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences, and similar structures, post relevant notices, and place moveable equipment in connection with making alterations, additions, or repairs, all without incurring liability to Lessee for disturbance of quiet enjoyment of the Premises,or loss of occupation or use of the Premises. Lessor will have the right (i)to establish, modify and enforce reasonable rules and regulations from time to time with respect 7 ot& to the Common Areas; (ii) to enter into, modify and terminate agreements pertaining to the use and maintenance of the Common Areas; (iii)to close temporarily portions of the Common Areas; and (iv)to do and perform such other acts in and to said areas and improvements as Lessor shall determine, SECTION THIRTEEN SIGNS,AWNINGS,AND MARQUEES INS-IALLED BY LESSEE Lessee shall not construct or place signs, awnings, marquees, or other structures projecting from the exterior of the Premises without the prior, express, and written consent of Lessor, which consent may be granted or withheld in Lessor's sole and absolute discretion. Subject to municipal code approval (to be obtained by Lessee),Lessor hereby approves Lessee's signage as shown on Exhibit D.Lessee shall remove signs,displays, advertisements, or decorations it has placed on the Premises that, in the opinion of Lessor, are offensive or otherwise objectionable in Lessor's sole opinion. If Lessee fails to remove such signs, displays, advertisements. or decorations within 5 days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the Premises and remove the at the expense of Lessee. In any event,Lessee shall conform any signs to the Sign Criteria then in effect for the Shopping Center. Except as provided herein and approved by Lessor, Lessee shall have no other rights to have any other signage or other identification displayed in the Shopping Center. Lessee shall be entitled to maintain a sign panel on the Shopping Center Pylon in the size and location shown on Exhibit D. Such panel shall conform to the manufacturer's specifications for the pylon structure,and shall be manufactured,delivered,and installed at Lessee's sole expense. Lessor reserves the right to require Lessee to use Lessor's sign company to install Lessee's panel. Lessee shall maintain, repair, and replace (as necessary) its panel on the pylon, and Lessee agrees to replace such panel if, in Lessor's opinion,such panel becomes faded, broken, cracked, or otherwise, in disrepair. If Lessee fails to replace such panel within thirty (30) days following Lessor's written notice, or if Lessee is in default of this Lease beyond any applicable notice and cure periods, Lessor may remove Lessee's panel (at Lessee's expense)and replace the same with a blank panel,or at Lessor's option a panel identifying another tenant or occupant of the Shopping Center. Lessee shall file the required store sign applications with the City of Boynton each within 30 days of the date of this Lease,and shall install the store sign within 30 days of receipt of a permit from the City of Boynton Beach to install the store sign. Failure to install the sign pursuant to the above timeline shall result in a one hundred dollar($100)per day penalty for each day late. SECTION FOURTEEN BUSINESS SALE SIGNS Lessee shall not conduct"Going out of Business,""Lost Our Lease.""Bankruptcy,"or other sales of a similar nature on the Premises without the prior written consent of Lessor. In no event shall Lessee erect or maintain any permanent or temporary signage (i.e., "reader boards", billboards, "lollipop" signs, mobile marquee, vehicles bearing signage identifying Lessee) in or on the Premises or the Common Area, without the prior written approval of Lessor, which may be withheld in Lessor's sole discretion. 8 .uw-- SECTION FIFTEEN NONLIABILITY OF LESS EXCULPATION Lessor shall not be liable for liability or damage claims for injury to persons or property from any cause relating to the occupancy of the Premises by Lessee,including these arising out ofd ages or losses occurring on sidewalks and other areas adjacent to the Premises during the Tenn of this Lease or any extension of such Tenn. Lessee shall indemnify Lessor, its agents, employees, officers and directors, to the greatest extent permitted by the laws of the State of Florida from any and all liability, loss, or other damage claims or obligations resulting from any injuries or losses of any nature,directly or indirectly related to the Lessee's use and occupancy of the Premises, including,without limitation,any claims arising in common or other areas of the property of the Lessor. The obligations of Lessor under this Lease do not constitute personal obligations of Lessor or its individual partners, shareholders,directors,officers,employees and agents,and Lessee shall look solely to Lessor's then existing interest in the Premises,and to no other assets,for satisfaction of any liability in respect of this Lease, and will not seek recourse against Lessor's individual partners, shareholders,directors,officers,employees or agents, or any of their personal assets or those of any related entity for such satisfaction.No other properties or assets of Lessor or any related entity shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease,the relationship of landlord and tenant, or Lessee's use of the Premises.Lessee's sole right and remedy in any action concerning Lessor's reasonableness(if and where the same is required under this Lease) shall be an action for either declaratory judgment or specific performance. SECTION SIXTEEN LIABILITY INSURANCE Lessee shall procure and maintain in force at its expense during the Term of this Lease and any extension of such Term,public liability insurance (and liquor liability insurance, if applicable)with insurance companies and through brokers approved by Lessor. Such coverage shall be adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the Premises, in a minimum amount of$1,000,000 for each person injured,$2,000,000 for any one accident,and$1,000,000 for property damage. The insurance policies all provide coverage for contingent liability of Lessor on any claims or losses. Lessor, and any other persons or entities designated by Lessor, must be named as an additional named insured under any such policy of insurance. The insurance policies shall be delivered to Lessor for safekeeping. Lessee shall obtain a written obligation from the insurers to notify Lessor in writing at least 30 days prior to cancellation or refusal to renew any policy. The insurance policies shall provide coverage for contingent liability of Lessor on any claims or losses. Lessor, and any other persons or entities designated by Lessor, including but not limited to Lessor's managing agent, must be named as an additional named insured under any such policy of insurance. The insurance policies shall be delivered to Lessor for safekeeping.Lessee shall obtain a written obligation from the insurers to notify Lessor in writing at least 30 days prior to cancellation or refusal to renew any policy. If the insurance policies required by this section are not kept in force during the entire Term of this Lease or any extension of such Term, Lessor may, but shall not be required to procure the necessary insurance and pay 9 QW— the premium for it,and the premium shall be repaid to Lessor as an Additional Rent installment forte month following the date on which the premiums were paid by Lessor. SECTION SEVENTEEN ASSIGNMENT, SUBLEASE, OR LICENSE Lessee shall not assign or sublease the Premises (or any part thereof), nor grant any right or privilege connected with the Premises or use thereof,nor allow any other person except agents and employees of Lessee to occupy the Premises(or any part thereof)without first obtaining the prior written consent of Lessor,which consent may be granted or withheld by Lessor in its sole and absolute discretion. Consent by Lessor to one assignment, sublease or license shall not be consent to any subsequent assignment, sublease, or license. An unauthorized assignment, sublease, or license to occupy by Lessee shall be void and at the option of Lessor shall terminate this Lease. The interest of Lessee in this Lease is not assignable by operation of law without the written consent of Lessor. Any assignment for the benefit of creditors,or any transfer of stock,partnership, or other form of ownership interest in Lessee is prohibited except in accordance with the provisions of this Section. In addition, no assignment, sublease or license. whether with or without Lessor's consent shall affect any personal or corporate guaranty. As a condition of considering any request for Lessor's approval, together with its request. Lessee shall pay Lessor a review fee of One Thousand Dollars ($1,000.00), plus Lessor's reasonable attorney fees and or administrative fees in reviewing the terms and considerations of any proposed assignment,sublease or license, whether or not such transfer is approved by Lessor. SECTION EiGuriFEN BREACH Failure to pay any its of Rent when due, the appointment of a receiver totake possession of the assets of Lessee,a general assignment for the benefit of the creditors of Lessee,any action taken or allowed to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with any to and/or condition of this Lease shall constitute a breach of this Lease. Lessee shall have 10 days after receipt of written notice from Lessor of a monetary breach,and 25 days after receipt of written notice from Lessor of a non-monetary breach to correct the conditions specified in.the notice. If Lessee cannot reasonably cure such breach within the 10 day period of a monetary breach,and 25 day period for a non-monetary breach,Lessee shall have a reasonable time to correct the default, provided such action is commenced by Lessee within 5 days after receipt of the notice and diligently pursued to completion.Such additional time shall not be required for any event involving a failure to pay any its of Rent when due. SECTION NINETEEN REMEDIES OF LESSOR FOR BREACH BY LESSEE Lessor shall have the following remedies in addition to its other rights and remedies in the event Lessee breaches this Lease and fails to make corrections as set forth in Section Eighteen: 10 khA__ A. Lessor may reenter the Premises immediately and remove the property and personnel of Lessee, store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. B. After reentry, Lessor may terminate this Lease on giving 10 days written notice of termination to Lessee. Without such notice, reentry will not ten-ninate this Lease. On termination, Lessor may recover from Lessee all damages proximately resulting from the breach, including, but not limited to, the cost of recovering the Premises and the balance of the Rent payments remaining due and unpaid under this Lease. C.After reentering,Lessor may relet the Premises or any part of the Premises for any term without terminating this Lease, at such rent and on such terms as it may choose. Lessor may make alterations and repairs to the Premises. The duties and liabilities of the parties if the Premises are relet shall be as follows: (1) In addition to Lessee's liability to Lessor for breach of this Lease,Lessee shall be liable for all expenses of the reletting, for the alterations and repairs made, and for the difference between the rent received by Lessor under the new Lease and the Rent installments that were due for the same period under this Lease. (2) Lessor, at its option, shall have the right to apply the rent received from reletting the premises (a)to reduce Lessee's indebtedness to Lessor under this Lease, not including indebtedness for Rent, (b) to expenses of the reletting and alterations and repairs made,(c)to Rent due under this Lease,or(d)to payment of future Rent under this Lease as it becomes due. If the new Lessee does not pay a Rent installment promptly to Lessor, and the Rent installment has been credited in advance of payment to the indebtedness of Lessee other than Rent, or if rentals from the new Lessee have been otherwise applied by Lessor as provided for in this section, and during any Rent installment period,are less than the Rent payable for the corresponding installment period under this Lease, Lessee shall pay Lessor the deficiency, separately for each rent installment deficiency period, and before the end of that period. Lessor may, at any time after such reletting, terminate this Lease for the breach on which Lessor based the reentry and relet the Premises. After reentry, Lessor may procure the appointment of a receiver to take possession and collect rents and profits of the business of Lessee. If necessary to collect the rents and profits, the receiver may carry on the business of Lessee and take possession of the personal property used in the business of Lessee, including inventory, trade fixtures, and furnishings and use them in the business without compensating Lessee. Proceedings for appointment of a receiver by Lessor, or the appointment of a receiver and the conduct of the business of Lessee by the receiver,shall not terminate this Lease unless Lessor has given written notice of termination to Lessee as provided in this Lease. SECTION TWENTY ATTORNEY AND BROKER FEES If either party engages the services of an attorney or law firm in an effort to enforce any agreement contained in this Lease,or for breach of any covenant or condition,by filing an action or otherwise,the non-prevailing party shall pay reasonable attorney fees to the prevailing party in the action. SECTION TWENTY-ONE CONDEMNATION Eminent domain proceedings resulting in the condemnation (or a deed in lieu thereof) of a part of the Premises, but leaving the remaining premises usable by Lessee for the purposes of its business, will not terminate this Lease unless Lessor,at its option,terminates this Lease by giving written notice of termination to Lessee. The effect of any condemnation, where the option to terminate is not exercised, will be to terminate this Lease as to the portion of the Premises condemned, and the lease of the remainder of the Premises shall remain intact. The Fixed Rent for the remainder of the lease to shall be reduced by the amount that the usefulness of the Premises has been reduced for the business purposes of Lessee. Lessee assigns and transfers to Lessor any claim it may have to compensation for damages as a result of any condemnation. Lessee shall have no claim upon any award or damages awarded to Lessor by virtue of any condemnation or deed in lieu thereof. SECTION TWENTY-Tl IREE WAIVERS Waiver by Lessor of any breach of any covenant or duty of Lessee under this lease is not d waiver of a breach of any other covenant or duty of Lessee,or of any subsequent breach of the same covenant or duty. SECTION TWENTY-FOUR GOVERNING LAW It is agreed that this Lease shall be governed by,construed,and enforced in accordance with the laws of the State of Florida. SECTION TWENTY-FIVE ENTIRE AGREEMENT This Lease shall constitute the entire agreement between the parties. Any prior understanding or representation or any oral agreement of any kind preceding the date of this Lease shall not be binding upon either party except to the extent incorporated in this Lease or by separate written instrument executed by both parties or their authorized representatives. SECTION TWENTY-SIX MODIFICATION OF AGREEMENT Any modification of this Lease or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed byeach party or an authorized representative of each party. 12 SECTION TWENTY-SEVEN NOTICES All notices,demands,or other writings that this Lease requires to be given,or which may be given,by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, registered and postage prepaid,and addressed as follows: To Lessor: YACHTSMAN PROPERTIES, LLC c/o Stajus Consulting, LLC, 80 Business Park Drive, Suite 103, Armonk,NY 10504 To Lessee: ILI Stj �5 AIC, .......... The address to which any notice, demand, orother writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION TWENTY-EIGHT BINDING EFFECT This Lease shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. SECTION TWENTY-NINE TIME OF THE ESSENCE It is specifically declared and agreed that time is of the essence of this Lease and each and every provision hereof. SECTION THIRTY PARAGRAPH HEADINGS The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain,modify, simplify, or aid in the interpretation of the provisions of this Lease. SECTION THIRTY-ONE OPTION TO EXTEND Provided Lessee has not been in default of this Lease beyond any notice and cure periods at any time prior to its exercise, Lessee may exercise its option to extend the to of this Lease for four(4) additional to 13 (the "Extension Tenn") of Five (5) years. Lessee must exercise such option, if at all, by written notice delivered to Lessor no later than six (6)months prior to the Termination Date(time being of the essence). For the First renewal period,all of the terms of the Lease shall remain in effect, except that the Term of the renewal period shall be exactly Five(5)years. For the Second renewal period, all of the terms of the Lease shall remain in effect, except that the Fixed Rent during the first year of the Extension Term shall be"Fair Market Rent". Fixed Rent for each subsequent year shall be the Fixed Rent for the prior year increased by five percent (3%). The Term of the renewal period shall be exactly Five(5)years. For the Third renewal period,all of the terms of the Lease shall remain in effect,except that the Fixed Rent during the first year of the Extension Term shall be "Fair Market Rent". Fixed Rent fdr each subsequent year shall be the Fixed Rent for the prior year increased by five percent (3%). The Term of the renewal period shall be exactly Five(5)years. For the Fourth renewal period,all of the to of the Lease shall remain in effect,except that the Fixed Rent during the first year of the Extension Term shall be "Fair Market Rent". Fixed Rent for each subsequent year shall be the Fixed Rent for the prior year increased by five percent (3%). The Term of the renewal period shall be exactly Five(5)years. The to "Fair Market Renf' shall mean the monthly amount per square foot that a willing landlord would Accept and a willing retail tenant would pay,at arms-length, for a comparable commercial building located in the vicinity of the Shopping Center for a use similar to that of Lessee at the time of such negotiation. In the event that the parties cannot agree on the Fair Market Rent for such Extension Tenn before the Termination Date, Lessor and Lessee jointly shall select an independent third party appraiser reasonably acceptable to both parties. The cost of the third party appraisal shall be shared by the parties. If Lessor and Lessee cannot agree upon an independent third party appraiser, then either party may request a court of competent jurisdiction to appoint such an appraiser. The decision of the appraiser shall be binding upon Lessor and Lessee. SECTION THIRTY-TWO RELOCATION Notwithstanding any other provision in this Lease, Lessor in its sole discretion shall have the option at any time to relocate Lessee from the Leased Premises (the "Present Premises") into other premises in the Shopping Center(the "New Premises"). Lessor shall give Lessee at least forty-five(45) days notice of the approximate date Lessee is to move to the New Premises. Lessor shall prepare the New Premises to the same extent that Lessor prepared the Present Premises. The New Premises will have at least the same amount of square foot area as the Present Premises. Lessor shall pay for moving Lessee's inventory,fixtures, equipment and storefront sign to the New Premises. The New Premises will become the Leased Premises (instead of the Present Premises)and the Rent(including all of Lessee's other monetary obligations to Lessor under the Lease) and all the other terms and provisions of"this Lease shall be transferred to and continue to apply,without interruption,to the New Premises from and after the date Lessee is required to move pursuant to this Section. 14 SECTION THIRTY-THREE GUARANTY Asa condition of Lessor's entering into this Lease, ("Guarantor") is concurrently executing a personal guaranty, guaranteeing Lessee's full and faithful performance of the terms and conditions of this Lease. Such personal guaranty is of both payment and performance, and shall be without recourse to any other rights or remedies available to Lessor. SECTION THIRTY- FOUR CONFIDENTIALITY A. Lessee's Obligations. Lessee agrees that (a) except asprovided in this Lease, Lessee shall maintain the confidential nature of any Proprietary Information received or acquired by him including but not limited to the amount of base rent defined herein, and (b) Lessee shall use the Proprietary Information solely for the purpose of meeting Lessee's obligations under this Lease and not in connection with any other business or activity. "Proprietary Information" means all oral, written or recorded information about or related to the terms of this Lease contained herin, whether acquired before or after the date of this Lease,and regardless of the manner in which it is acquired, together with any documents or other materials prepared by Lessee that contain or reflect such information. B. Limitations on Confidential Obligations and Use Restrictions. The restrictions in this Paragraph above do not apply to information that the Lessee can demonstrate (i) is then in the public domain by acts not attributable to Lessee or (ii) is received after the execution of this Lease on an unrestricted basis by the Lessee from a third party source who,to Lessee's knowledge after due inquiry,is not and was not bound by confidentiality obligations to the Lessor or any At of the Lessor. In addition, Lessee and the Lessor are permitted to disclose any Proprietary Information that is necessary in the defense or prosecution of any legal action. C. Actions if Disclosure Required. If either Lessee or Lessor is required by law to make any disclosure otherwise prohibited under this Agreement, such party shall use its best efforts to provide the other with prompt prior notice where possible so that(a) the other party (with the reasonable cooperation of the party required to make the disclosure) may seek any appropriate protection order or other remedy and/or(b) the parties can seek in good faith to agree on the appropriate scope and approach to disclosure. If a protective order or other remedy is not obtained' the party required to make the disclosure may furnish only that portion of information protected by this Agreement that the party is legally compelled to disclose and shall use its reasonable efforts to obtain confidential treatment for all information so disclosed. D. Injunction. Each party agrees that remedies at law may be inadequate to protect against breach of this Paragraph, and agrees to the granting of injunctive relief without proof of actual damage. REST OF PAGE LEFT BLANK 15 IN WITNESS WHEREOF, the respective parties have signed, sealed and delivered this Lease on the date and year written below. LESSOR: YACHTS S PROPERTIES,LLC, CHkTSM a Delawar imited liability company WITNESS. S. By: its WITNESS: ate ` LESSEE: ...........6;�ck ------------4--- eS, f-L fit J WITNESS: WITNESS:._' ...................... ............ Dated 16 EXHIBIT A SITE PLAN !A-50 N Federgi fli li �vnfon Besot Florida, r � J " ... S ... l� s F r•'� 9•; q.,a,,,y a m k4 $�� . �,... ....,R. .v — ._ _. E'� I, y � y r "'7" ty y �s 77 F mm .w/ 17 EXHIBIT B LESSEE'S WORK Lessee will take the unit"as is"and is responsible for all tenant improvements at the Premises. LESSOR'S WORK Lessor shall pay Lessee $43 per square foot($153,639) for tenant improvements. The tenant improvement reimbursements shall be paid from Lessor to Lessee as follows: I) Lessee must provide invoices for all work completed; and 2) Lessee must provide contingent lien waivers for all tenant improvement reimbursements; and 3) Lessee must make the Premises available to Lessor's agent during normal business hours for the purpose of inspecting the work submitted for reimbursement;and 4) Tenant Improvement payments shall be made in a minimum of$50,000 increments. 5) Lessor shall make all Tenant Improvement payments within fifteen (15)business days from the receipt of all of the information and inspections as defined above. 18 LA— EXHIBIT C EXCLUSIVE AND PROHIBITED USES 1. Adult book stores,adult theatre, or adult amusement facility. 2. Amusement centers, arcade/game rooms. 3. Automobile and light truck new sales or rental. 4. Automobile service and self-service gas stations. 5. Automobile/motorcycle repair shops. 6. Automobile storage. 7. at and massage parlors. 8. Billiard rooms, bowling alleys, skating or roller rinks and poolrooms. 9. Any industrial or mining use. 10. Dry cleaners with on-site cleaning plant. 11. Office use(except incidental to a retail use permitted hereunder). 12. Medical observatory dormitories or any other sleeping quarters or lodging. 13. Mortuaries or funeral homes. 14. Natatoriums. 15. Open-air theaters. 16. Propagating and growing plants for sale. 17. Pubs,bars, nightclubs or discos. 18. Self-service storage facilities. 19. Skating rinks 20. Truck rentals. 21. The retail sale of new cellular phones and cellular phone plans. 2 1. Any other use not allowed under this Lease, prohibited by law or for which Lessor has granted another occupant an exclusive use right. 19 EXHIBIT D SIGNAGE F Letter ail, 1-2 110, 20 ®Continued MONUMENT SIGNAGE MEAN PALM PLAZA 15513l I * It is expected that lessee will have at least one(1) space on the monument. 21 GUARANTY OF LEASE THIS GUARANTY OF LEASE kGREEMFN `'"Guaranty"is made and entered into this Odav of 'P"'t� Ul' L"7' .2016 by ss at in favor of 'YACHT ANS PROPERTIES,LLC.alatvare limited iia ility company("L dlo ''M. � WMNESSETH: WHE � A�d �K -1)AS, k)IAA & - - a4 i" ("Tenant"),and Landlord entered into t44t certain Lease"Lease"dated 2016,with respect A-32AL1. to the Property as more particularly described in the Lease(all capitalized terms not defined herein shall have the same meanings ascribed to them in the Lease);and WHEREAS,in order to induce Landlord to enter into the Lease,the undersigned Guarantor(s)has agreed to guaranty the payment of all rents and charges.and the performance of all ofTen ant's obligations.under the Lease. NOW,THEREFORE,in consideration of the execution and delivery of the Lease by Landlord.and other good and valuable considerations,the receipt and sufficiency of which am hereby acknowledged.Guarantor hereby agrees as follows: 1.The undersigned hereby guarantees to the Landlord and to any mortgagee holding a mortgage upon the interest of Landlord in the Property,the due and punctual payment of all Rent payable under the Lease..and each and every installment thereof,as well as the full and prompt and complete performance by the Tenant of each and all of the terms,covenants and conditions in the Lease contained on the pan of the Tenant therein to be kept,observed and performed, for the Tenn,with no less force and effect than if the undersigned were named as the Tenant in the Lease,and the undersigned,will forthwith on demand pay all amounts at any time in arrears,and wil I make good any and all Events of Default occurring under the Lease, Guarantor hereby waiving any rights to prior demand or Landlord's enforcement of the Lease first against Tenant.This Guaranty and the liability of the undersigned shall be absolute,and unlimited,and shall in no way be impaired or afficeted by any assignment which may be made of the Lease,or any subletting hereunder,or by any extension(s)of the payment of any Rent,Guarantor hereby waiving any defenses against such amounts and/or performance under the Lease which Tenant may have had'. asserted and/or been entitled to assert against such amounts and/or performance under the Lease. 2.No action or proceeding brought or instituted under this Guaranty against the undersigned,and no recovery had in pursuance thereof,shall be a bar or defense to any further action or proceeding which may be brought under this Guaranty by reason of any further default or defaults of Tenant.The liability of the undersigned shall not be deemed to be waived, released, discharged, impaired or affected by reason of the release or discharge of the'renant including,but not limited to,any release or discharge pursuant to any reorgani7ation, readjustment, insolvency, receivership orbankruptcy pros din There shall be no modification of the provisions of this Guaranty unless the same be in writing and signed by the undersigned and the Landlord. 3.All of the terms,covenants and conditions of this Guaranty shall be joint and several,and shall extend to and be binding upon the undersigned,their heirs,executors,administrators,and assigns,and shall inure to the benefit of the Landlord,its successors and assigns,and to any future owner of the fee of the Property and to any mortgagee of the Landlord.Landlord may,without notice,assign the Lease or this Guaranty in whole or in part,and the undersigned agrees that nomodification of the terms,covenants Or conditions of the Lease shall in anyway impair or affect the undersigned's obligations hereunder. 4.If citherparty hereto brings any action to enforce rights under this Guaranty,whetherjudicial,administrative or otherwise,the prevailing party in that action shall be entitled to recover from the losing party all fees and court costs incurred,including reasonable attorneys'fees,whether such costs and fees are incurred out of court, at trial,on appeal,or in any bankruptcy proceeding.This Guaranty and the rights and obligations of the panics hereto are governed by the laws of The State of Florida. 5.If any term,covenant or condition of this Guaranty,orthe application thereof to any person or circumstance, shall,to any extent.be invalid or unenforceable,the remainder of the Guaranty,or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be alfected thereby,and each term, covenant or condition of this Guaranty shall be valid and enforceable to the fullest extent permitted by applicable law.The execution of this Guaranty prior to the execution of the Lease shall not invalidate this Guaranty or lessen the obligations of the Guarantor(s) hereunder. &LANDLORD AND THE UNDERSIGNED HEREBY MUTUALLY WAIVE ANY AND ALI.RIGHTS WHICH EITHER MAY HAVE TO REQUEST A JURY TRIAL IN ANY PROCEEDING AT LAW OR IN EQUITY IN ANY COURT OF COMPETENT JURISDICTION WHICH PROCEEDING IS UNDEF-IN CONNECTION WITH OR RELATED TO THIS S U UARANTY.THE UNDERSIGNED ACKNOWLEDGES THAT THEWAIVER IS A MATERIAL INDUCE MEN`['TO LANDLORLDTO ENTER INTO THE LEASE, 7.This Guaranty contains the entire agreement between the parties with respect to the matters contained herein,and shall not be modified except in writing executed by all parties. IN WITNESS WHEREOF.the undersigned have executed this Guaranty on thisLlNkv ofagp4,2016. _," GUARANTOR. Tax ID NoJSSN: LO Addreis STATE OF COUNTY 01' This instrument was sworn,subscribed and acknowledged before me on this day of I' 2U1 G by and who is personally known to me or who produced-L-, iij ps'c as identification. ...................... -Rotaqy Public WC0WW4pN4FF9rA10 Eqq�gt .Mvch2i.20 4-Ir qMWTWUNdNyNftUWW*AM @Ezil t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CONSENT AGENDA AGENDAITEM: 10.1. SUBJECT: Approval of Commercial Interior Build-Out Grant Program in the amount of $45,000 for Grandma's Manufacture, LLC d/b/a Grandma's Treasures located at 1550 N. Federal Highway, Suite 1 SUMMARY: The CRA's Commercial Interior Build-Out Grant Program provides eligible (new or existing) businesses with financial assistance for the initial costs associated with the construction, repair, and/or rehabilitation of building interior improvements. Eligible improvements under the program guidelines must be permanent and stay with the building. CRA staff has received a completed grant application from Grandma's Manufacture LLC, d/b/a Grandma's Treasures located at 1550 N. Federal Highway, Suite 1, Boynton Beach, FL 33435 (see Attachments I - 111). Grandma's Treasures is a brand of authentic German goods based on recipes passed down from the applicant's great-grandmother and grandmother. These handwritten recipes, safeguarded as treasures, will feature German delights to create an authentic dining experience. As a full-service restaurant, the applicant falls under the terms of a Tier I business, as outlined in the grant application. The overall renovation project is approximately $547,386 (see Attachment IV). The Commercial Interior Build-Out Grant Program provides a 50% reimbursement of the applicant's expenditure for the eligible interior improvements up to a maximum grant total of $45,000. The applicant is seeking reimbursement for the costs associated with the interior HVAC install totaling $139,080 (see Attachment V). If approved, the applicant is entitled to a grant maximum of $45,000 in reimbursable funds. The grant is reimbursed once a Certificate of Occupancy is obtained and the proper reimbursement documentation is submitted to CRA staff for approval. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Economic Development Grant Program Line Item 02- 58400-444, $45,000 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Commercial Interior Build-Out Grant not to exceed the maximum grant award of $45,000 to Grandma's Manufacture, LLC d/b/a Grandma's Treasures located at 1550 N. Federal Highway, Boynton Beach, FL 33435. ATTACHMENTS: Description D Attachment I -Commercial Interior Build-Out Grant Application D Attachment II - Location Map D Attachment III - Lease D Attachment IV - Project Budget D Attachment V - HVAC Quotes BOYNTON BEACH October 1 , 2017 — September 30, 2018 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY COMMERCIAL INTERIOR BUILD-OUT GRANT PROGRAM Program Rules and Regulations The Commercial Interior Build-Out Program is designed to help facilitate the eslrlbltshment of new businesses and aid in the expansion of existing businesses within tl;r>; Boynton Beach Community Redevelopment Agency (the "CRA") District. The program is designed to provide financial assistance to new and existing businesses in the form of a reimbursable grant intended to reduce the initial costs associated with the repair and rehabilitation of buildings or other improvements in accordance with the CRA Community Redevelopment Plan. Improvements paid for by the CRA must be per.rr),_inent and stay with the building. The 1'_'1RA reserves the right to approve or deny any Commercial Interior Build-Out Grant Prc;c,ram application and to deny payment at any time if, in its sole and absolute di�;c,,-etion, it determines that the business will not advance the goals and objectives e s`, blished for redevelopment of the CRA District. For pUlposes of this application, the term "new business" means a company in op);-:ration for less than six months or relocating to Boynton Beach. The term "existing bua i ss" means a company that has been in operation within the CRA District for a wrir,:nnurn of two years at the time of application and has at least two years remaining on its fix sting lease. The term "project" means the eligible interior improvement project for which the applicant seeks reimbursement. The Boynton Beach CRA is a public agency and is governed by the "Florida Public Rer,c)ids Law° under Florida State Statutes, Chapter 119. Any documents provided by the Applicant(s) may be subject to production by the CRA upon receipt of a public rer.orc+s request, subject to any exemptions provided by Florida Law. hJ ials _ Page 1 of 15 'nterior B,uiid-Out C� P•Jorth Federal High vay, Boynton Beach, F1 33,435—Phone: 56"1 73,' '_,`56 Fa, f-,61) / ,/ 3258 w,ww.cutc"-J_ oyri'.oi,,,.co(ri Incentive Funding The Commercial Interior Build-Out Grant Program offers financial assistance in the form of a reimbursable, matching (50%) grant up to $45,000 to the landlord or business owner for eligible expenses associated with the construction or renovation of the interior elements of the commercial operating space. Applicants are encouraged to take advantage of the City of Boynton Beach's PACE Program to help defer the cost of installing energy efficient items. Information regarding the PACE Program is available online at http://www.boynton-beach.org/go- green/pace_program.php or by contacting the City at (561) 742-6067. Attached is the Re, E3w PACE Eligible Product List. Eligibility Requirements Applicants must meet all of the following requirements in order to be considered eligible to receive grant funding.- Must unding:Must be located within the CRA District (see attached map). Must provide proof that the commercial business is properly licensed by all necessary levels of government and professional associations or agencies (copies of City and County licenses or receipts that the licenses have been applied for). Non-profit and residentially zoned properties are NOT eligible. • If tenant, applicant must have an executed multi-year lease (two year minimum). The Applicant's Experian consumer credit report must reflect an acceptable level of financial stability, within the sole discretion of the CRA, as an eligibility requirement for funding. A copy of the consumer report will be provided to the applicant upon request. Applicants must have an Experian credit score of 601 or higher to be eligible. If one or more business owner, the majority of the business owners must have credit scores of 601 or higher to be eligible. All work must be done in compliance with applicable City of Boynton Beach Building Codes and Land Development Regulations. All contractors must be licensed in Boynton Beach/Palm Beach County. Please contact the City of Boynton Beach Development Department regarding the proposed work to be performed prior to submitting an interior grant application. Grant funding amounts will be based on the applicant's project budget specified at the time of the CRA approval. Initials Page 2 of 15 Interior Build-Out 1.0 North Federal Highway, Boynton Beach, FL 33435—Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com * Grant funds will be reimbursed exclusively for approved work and approved change orders. * The Commercial Interior Build-Out Program may only be used one time in any five year period for any one property. Properties may reapply for additional grants any time after five years from previous grant approval. In order to qualify for the grant, the subject property may riot have any outstanding City of Boynton Beach liens at the time the applicant seeks reimbursement. To ensure that the property does not have any outstanding code liens, violations or monies owed for utilities, the CRA will perform a lien search on the property at a cost of $115.00 which will be deducted from the grant funding to the recipient- In the event that there is an outstanding lien against the property, the grant will not be awarded until the complete satisfaction of the lien. The property owner or tenant must complete the project, obtain a Certificate of Occupancy/Completion from the City of Boynton Beach and submit for reimbursement within 120 days of the issuance date of the permit for the project. If CRA Board Approves grant funding and the work being performed does not require a permit, the Certificate of Occupancy and application for reimbursernent must be within 120 days of the grant award. Failure to complete the improvements within the specified time frame will result in the property owner or tenant losing the grant reimbursement opportunity. Only one 60 day aclrrrinistrative extension will be permitted. Project items completed and paid for more than 60 days prior to grant approval by the CRA Board are not eligible for reimbursement under the grant program Application and CRA Board approval of this grant is for funding only. Approval of CRR grant funding is NOT approval of any type of City processes including, but riot limited to, permits and site plan modification. Applicants must apply for permits and site plan modification through the appropriate departments at the City. All cornmercial projects require permitting and site plan modification reviews. It is the responsibility of the applicant to obtain all necessary City approvals. Grantees shall allow the CRA the rights and use of photos and project application materials. Initials-_ Page 3 of 15 interior Build-Out 170 1Uorth Federal Highway, Boynton Beach, FL 33435-Phone: (561) 737-3256 Fax: (561) 737 -3258 www.catchboynton.com Projects and items eligible for funding under the program are limited to: Interior walls ® Interior plumbing Flooring Grease trap installation • HVAC system Interior electrical system 0 Hood & fire including lighting suppression Ineligible Businesses Thr following businesses are considered ineligible for assistance under the Commercial Interior Build-Out Grant Program: Firearm Sales ® Convenience Store . Religious Affiliated Retail Stores ® Churches Jon Profits ® Fitness Centers over 4,500 sq.ft. Check Cashing Stores ® Take-Out Foods Adult Entertainment e Liquor Stores Adult Arcades ® Vapor Cigarette, E Cigarette Stores R Kava Tea Bars s Pawn Shops - Alcohol and/or Drug Rehabilitation @ Tattoo Shops/Body Piercing/Body Centers/Housing Art Shops Medical Research Centers/Housing 9 Any other use that the CRA staff or Massage/Personal Services CRA Board have determined not to support the redevelopment of the CRA District Grant Terms and Conditions This grant is divided into two tiers of eligibility. Businesses are classified into tiers based or, the type of business, which then determines the amount of eligible funding. Grrini funding amounts will be based on the applicant's project budget specified at the tiwf ofCRA Board approval. Tier One Business (Full-Service Restaurants Only) Tier One Businesses are eligible for reimbursement of 50% of the applicant's protect bu,iget a, submitted at the time of CRA Board approval up to a maximum amount of grant funding. Only full service restaurants with a Milimu1-Ti total seating Initials_ Page 4 of 15 Interior Build-Out 1O Nw lh Federa: Highway, Boynto.) Beach, FL 33435— Phone: (561) 737 -3256 Fax: (561) 737 -?258 www.catchboynton.com capacity of 50 seats are eligible to be in Tier One. The restaurant must have hours conducive for the development of the downtown serving at least lunch and dinner. Proof of seating capacity shall be confirmed by a copy of the City of Boynton Beach Local Business Tax Receipt. Tier Two Business Ti(-.,i- Two Businesses are eligible for reimbursement of 50% of the applicant's project budget as submitted at the time of CRA Board approval up to a maximum amount of $25,000 in grunt funding. Tit 1wo Businesses Must be one of the following types of businesses: Restaurants with total seating 0 Clothing Boutique -- clothing, shoes capacity under 50 & accessories Gourmet Food Market • Bakery • Bed and Breakfast * Medical Offices Marketing Offices ® Accounting Offices Law Offices 6 Real Estate Offices . Fitness Center less than 4,500 sq.ft 0 Insurance Offices (no more than 2 approvals per fiscal f Florist (no more than 2 approvals year) per fiscal year) Specialty Businesses — stationary, ` Hair/Nail Salons (no more than 2 rifts. s�)ortinct goods approvals per fiscal year) 0 biome Decor/Design — horne furnishings, art galleries, kitchen wares Lease Terms If the applicant is a tenant, it must have a proposed or executed multi-year lease with a mininnum of two years remaining on lease. The commercial lease must define the landlord-tenant relationship and at minimum provide the following information: A description of the space being rented, including square footage and a drawing of the space: Description of utilities that is the tenant's responsibility, Rental rate and deposits along with terms of lease and methodology for future Inc,.reases. Initials KJ Page 5 of 15 Interior Build-Out Federal hhway ig , (3oynton Beach, i L 33435— Phone: (561) 737 3256 Fax: (5t;1) 737 3?58 www.catchboynton.com • Responsible party for interior and exterior repairs and/or improvements; • Insurance requirements; Ability to terminate; and, Consequences of default on the lease. Proposed leases must be executed within 30 days of CRA Board approval or the grant award is terminated. Application Process Af.;)li(-;ations can be obtained from the CRA office located at 710 North Federal Hi(lhway, Boynton Beach, FL 33435 or downloaded from www.catch boyntoil.com. All ap;)'icants are required to meet with CRA staff in order to determine eligibility before sul..mitting an application. Funding requests will not be considered until all rec7uired do�.��entatior7 is submitted to the CRA office. Appiic,ation to this grant program is not a guarantee of funding. Funding is at the sole disf.retion of the CRA Board. Applicants must submit an original, "hard copy" application with all materials to the GRA for review and approval by the CRA Board. Applicants will be considered on a first- c,,-,) e first-serve basis. Application packets must include the following documentation: non rE'undable fee of $100 is required to obtain a consumer credit report on the business and principal/owners of business. Make check payable to: Boynton Beach CRA. 2 Written detailed project budget describing the improvements to be done to the properly. It must list all project costs the applicant is regr_,esting for nc�ninbursernent. The project budget rnust provide a total cost of the project. Cost estimate(s) from a licensed contractor(s) as specified in the applicant's project budget. 4. Copy of building permit receipt/application. If the permit has not been applied for prior to submissions of the grant application, a copy of the building permit receipt is clue within 90 days of grant approval. Resurne for each principal/owner of the business. Copy of the corporate documents for the applying business entity. Copy of executed multi-year commercial lease agreement. r? T,,vo years of corporate tax returns (for existing businesses only). n�'i<ais -- Page 6 of 15 Interior Build-Out " ? Noxi h Federa! Highway, Boynton Beach, FL 33435—Phone: (561) 737 -3256 Fax: (561) 737-3253 www.C.Ii Lchboy nton.com -1 mo years of personal tax returns for the principal/owners of a new business. 10.Copy of design and construction plans associated with the proposed improvements. 1 . List of jobs to be created and filled including job descriptions, pay range and weekly schedule. For existing businesses, provide a list of all current positions including job descriptions, pay range and weekly schedule. A minimum of four color digital "before" photos of the project. 1 5 Completed and signed application (attached). 14 Authorization to perform credit check for the business and each principal/owner of the business (attached). 15, V\119 Form (attached). 165 City Planning and Development Department Acknowledgement Form (attached). 1-i.Cily Permit Department Acknowledgement Form (attached). Tl above referenced City Forms (line 16 and 17) must be completed and submitted to thy: appropriate departments located at City Hall 100 E. Boynton Beach Blvd., Boynton Be,,iil'hi, FL 33435. Phone (561) 742-6000. Approval of Funding Request &I rec aired documentation must be submitted no later than noon on the first Tuesdgy of the Month. CRA staff wili review the application to verify that the project is eligible for If it meets these requirements, CRA staff will present the funding rEu�,iest to the CRA Board for review and approval. The CRA Board meets on the second Tuesday of each month. The schedule for CRA Bo;);-c;' n,,eetings can be obtained at www.catch boynton.com. Applicants will be notified ol date and time that their applications will be considered by the CRA Board. Tlhf, C recommends that applicants attend the CRA Board meeting during which the Boa(J will consider their applications in order to answer any questions the CRA Board may have regarding their applications. CRA staff will notify the applicant of the CRA Bo;irc,!'s approval or denial in writing. Site Visits Ct<<\ may conduct a site visit prior to transmitting the application to the CRA Board .and onc(� the project is compieted. Staff may also conduct unannounced site visits before, Initials_ Page 7 of 1.5 Interior Build-Out ^lore h Federai Highway, Boynton Beach, FL 33435— Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.corn ( / donnD, and after the project in order to determine and ensure compliance with the (e|rns O| !he grant agneernenL Procedures for Rei00LJuFseDleDf Th/� l-lroOrarn is designed as a nnatching 5096 grant. All work must be completed and pa/d [or by the applicant prior to the release Of CRA funds. The CRA will provide re/n`hursernen\ to the applicant upon submittal of oOnnp|e|e reimbursement reqoent I)@ckag8 AU reimbursement requests and supporting documents must be submitted (0 the CRA /3) dnys prior to [lie grant expiration date. The CRA may refuse to issue grant funding if |hc n/bnnission is not received bythe specified time. L)nce the work in rnrnp|ehad the Reimbursement Request shall be summarized in a nepo/ia//daccompanied bythe following documentation: 1 Invoices. receipts o[ other acceptable evidence ofpayment from suppliers and licensed COntrac[Or(s) that have been marked ''paid infuU^ Proposals for "work to be completed or "bids" are not considered proper documentation. 8. Each item will be supported by G canceled check showing the face of the check, as well GS the back of the cancelled check. The only hzrrns of cash payrnents, that are acceptable as evidence of payments are cashier's checks and bank transfers. A copy of the cashier's check to the payee mus| be provided as proof of payment. If payrnenL is being made by 8 batik transfer, acopy Ofthe statement fn}nnboth payer and payee showing the transaction and/or copy of the ern8i|/t8xiverifiC8Uon from both parties. 2 A "final release of hen" signed by each licensed contractor(s). See attached Sannp|e of a Final Release of Lien fOrnn. 3 Cnoy of City of Boynton Beach and Palm Beach County licenses /BusinessTax ReceipL\. 4 A rninirnunn o[ 4 co|or ^8ft8r" photos of the project. By �obrnng for reimbursement, the applicant warrants that all bills for which applicant is dircc1|y responsible related to the project are paid ill full inC|uding, but not |innited to, 8U contraC10rS. |8bor, rn8teha|S. related fees and permits. G'aniees may nof subrniivvork irnprovennents for neirnbursernontm/hich have been used 8s 'en,bu/semeni requests in any Other grant pn3g[@nl offered by the CRA. City Of |nitia|s-Ok Page 8ofl5 Interior Build-Out 7 }l �o:h |cdcra| !i�hway. Boynton Beach, FL3343S— Phone� (561) 737 -3256Fax� (S6l) 73732>8 vvwvv.cai(hboyn1nn.com Boynton Beach, Palm Beach County or the State of Florida. The Commercial interior Build-Out Grant Program will only reimburse applicants for new expenditures that have not br�,en submitted to other grant programs for reimbursement. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. NC TICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shail iss -i�ice of r� grant result in any obligation on the part of the CRA to any third party. The Ci_,''� is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's wat rant, that all bills related to the Project for which the applicant is directly responsible is s._ffficient assurance for the CRA to av,/ard grant funding. initials-_ , 'age 9 of t Interior Build-Cllt ' ) No,fh Federal I-{ighv,Nay, Boynton Beach, FL 33435—Prone: (361) 737 -3256 Fax: (561) 737 3258 www.ca tchboynton.corri BOYNTON " ' ,BEACH APPLICANT INFORMATION BU,"INES S INFORMATION: Btjslncss Name (d/b/a if applicable): _C . C , =;n:` R ;;iness Address: — ---_ _t C 0 L4 Li Bur�,inr'ss Phone Number: Fax: _ VA (A-SAZI FBusiness- Ye � � No -- - — N'ur7ber of years in existence: OLA Time at C�.irrent Localion: ------------____-- New Business to Boynion Beach: Yes _ '. — No — Do have an exec,.,ted lease agreemun; : Yes -- No ha`E` re!ll. � b Nc',;✓ Business Address. Sc; -i fuctage of currer-,t iocation: Square footage of new location: _-LA-s f`e. Nri�, her of Fn�ployees: � � flours of Operation: _ r 0,crj (=: BOYNTON BEAC H APPLICANT INFORMATION PRINCIPAL/OWNER INFORMATION: (If pore than 4 principals/owners additional sheets may be used) 1 c 3iiO,r ier Nm-ie- -'e 'm—ie 4 ► A� -'e if Biifh I-LI lay kj5 C_ Email: s u:� '• ewt�L t tia Address: i t- -- Cell Phone Number: <,Q t L 2 �-'riincipai/Owner Name: ��ate of Birth: — i (-;idential Address �; .:!I Phone Nturioer: 3. Pr�nc,ih21/0 �ner );+le c;f Birth: Email: sidi,ntial Address: ='!,oneNumber 4 F,rinc!pal/Owner Name: - -- -� �- -- -- `�=+ie C Birth: Emali: ;\'csidential Address: ,r.!! ''hone Nui,i�,er Are yo:-i �ipplymg foi grant assistant under any other program offered by the CRA? (Tier One BUST nesses Oni ). Yes No If yes, what additional programs are you applying fort* a�w® .t S� ► V�" — --- -- Page 11 of 15 Interior Buiid-Out _ '`lol lh Federal Highu✓ay, Boynton Beach, FL 33435-Phone: (561) 737 -3256 Fax: (561) 737 -325 v,rwGv.catrhboynton.com BOYNTON APPLICANT INFORMATION Are you receiving grant assistance under any other governmental agencies: Yes No If yes. list any additional grant sources and amounts: LAr t)1_.OftD INF-ORIVIA.TION: Landlord Name: — - Lal ld In r CJ s ,VlailrnCj i` dress_ Lai diord s Phone Number: C'EIR T1F 1Cs�,�i 100 x"1`41) WA''t�"E OF� PRIVA-CY: I, - ndersigned <appljcant(s), certify that all information presented in this application, and all of th,_. nformaticn furrri-,hied in support of the application, is given for the purpose of obtaining a gr;i;r' under the Boynton Beach CorY1munity Redevelopment Agency Commercial Interior Build- OuI Program, anti it is true and complete to the best of my knowledge and belief. I `r ~ cr certify that I am a,,r,,are of the fact that I can be penalized by fine and/or mpriso ,!rent for --iakrng false statements or presenting false information. I further acknowledge tkat 1 have re,'-id and undersland the terms and conditions set forth and described in the Boynton Beach Co—n,unitv:r Redevelopment Agency Commercial Interior Build-Out Grant Program Rules and Re,r jr ements. I 1 : s1<<3nd that tris application is !got a guarantee of grant assistance, and that award of g . 's 11! the soic cliscleticn of the 13'eyrrtor, Beach Coirirno!,ity Redevelopment Agency Board. :hal the purpose of the grant is to further the Boynton Beach Community Re, eveiopment Plan, and that the Boynton Beach Community Redevelopment Agency may de,,. ,m.'., my application for a!iy legal reason, including the reason that granting the award will not Initials Pate 12 -J Interior Build-Out ,orth federal Hig w iy, Boynton Beach, I L 33435- Phone: (561) 737 -3256 Fax: (561) 737 3258 wv,!w.catchboynton.com BOYNTON ' '� BE ACH APPLICANT INFORMATION the COMMUnity Redevelopment Plan. Should my application be approved, 1 understand th,'it the Boynton Beach Community Redevelopment Agency may, at its sole discretion, dis�.or+time subsidy payments at -any timie if in its sole and absolute determination it feeis such no longer meets the program criteria or is no longer in furtherance of the Boynton &-, Redevelopment Plan. I waiv"' nny rights under the privacy and confidentiality provision act_ and give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to any confidential information given herein. I further grant permission, and authorize any ,�an'�<. employers or other public or private agency to disclose information deemed nc=;,:,,c,aly to complete: this application. I spec,,fIc;flly authorize the CRA to run a credit report as part of this application, and understand th,nl i -,_)i mation in my credit report.. including a record of bankruptcy, may disqualify me from -mci c,ran( fundi');;. I gi,,,e permission to l.he CRA or its agents to take photos of myself and business to be used to lIhe progran;. I ut dre stand that if this application and the information furnished in support of the application arr ,ren,± to br- Inco�niplete. it hill be no[ processed. UR: MISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING Ii the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. Imtiah Interior Build-Gut North Federal Highway, Boynton Beach, FL 33435— Pilote: (561) 737 -3256 Fax: (561) 737 -32)8 www.catchboynton.com BOYNITO N' BE AC H C RA APPLICANT INFORMATION APPLICANT SIGNATURES: Prim pall wner's Signature Date Printed Name Tyle 2. Principal/Owner's Signature Date Printed Name Title 3, Principal/Owner's Signature Date Printed Name Title 4. PrincipallOwner's Signature Date Printed Name Title Notary as to principal/Owner's Signatures - Multiple notary pages may be used if Signing individually STATE OF '�to r T COUNTY OF POA, BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared 0_0 LlA LC t , who is/are personally known to me or produced 0L- K 4 Q°?C as identification, and acknowledged he/she executed the foregoing agreement for the use and purposed mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day201iOTARY I - .. PUBLIC vcot r )ssiorMage MY Commission Expires-j--3�- EXPIRES February 407) „ 41ej hRid"H ltd f 15 Interior Build-out 710 North Federal Highway, Boynton Beach, FL 33435- Phone: (561) 737 -3256 Fax: (561) 737 -3258 www.catchboynton.com BOYNTON BE As C H APPLICANT INFORMATION APPLICANT SIGNATURES: Date 2 _ Prir:ci,�al/�?wner's S�g�;:nture Date - F`inted Name —� -- Tike - 3 Vll r j 1c iu J Dite r ,tc.'ri. Nann,? --- -- Title 4 Pfincipal/Owner's Sijnatuie Date �'. .tec tJ a— -title a� to Principii1.10wner'� Signr-iftjms - multiple notary pages may be used if signing ins ri-idua/;Y BI= ��E ME, an officer duly authorized by law to administer oaths and take acu:� i�s�lr�dgemeri��, personally appeared_ "�� who is/are pc rincmi to Arte or produced -- - — ---- - a: �:'E.��lit�eation, and acknowledged he/she executed the foregoing Agreement for (he t.ise and p. : .,;ed n'ientionF d ip; ,t a;,d that the instrument is his/her act and deed. IN "0 i,i 5S OF i-,iE l'Of=:EGOING. I have set my hand and officiai sea in the State at Ccaforesaid on thisday of 2 _ 0 JO BIC My Cor )issian� Aire�bonnie Nicldien NOTARY PUBLIC Page 1-1 of 15 -STATE OFFLORIDA Comm#GG108394 interior Build-Crit 9Nee1Expires 5/25/2021 nlr i5<} � � orll Fear�r�il iiighv✓ay. Boyn�on Bea r l- ��43�- P��one: ��G1) �3�-32r6 Fax: r��-,�� 7, 3� wwv0.'.c it chho}'nton.ccrn SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program's Rules/Requirements and Application. 13 1-7 s Signatyre Date Printed Name Title Principal/Ownees Signature Date Printed Name Title Principal/Owner's Signature Date Printed Name Title Principal/Owner's Signature Date Printed Name Title Notary as to Principal/Owner's Signatures, Multiple notary pages may be used If signing individually. STATE OF COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared_. M% (nli n who is/are pe all y:L-n-9vv'A to me br produced as identification, and acknawiedged-he-tihe executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREOING, I have set.my hand and official seal in the State and County aforesaid on this day of 20AI_. 10 JE 1115 T 0 FF 0381 8 My GOMMIS EXPI:LV j �22 620T NOTA V PUBUt— BaJ.d Th M P Wir rn My Commission Expires:0-7 Page I of 11 710 N.Federal Highway Boynton Beach,FL 33435 Phone 561-737-3256 Fax 561-737-3258 wwwxatchbo 2/7/2018 PAPA Maps mOT k � a ( t _ Search by Owner,Address or Parcel � View Property Record Ownersr YACHTSMANS PROPERTIES LLC t1 A, ,k ar l Property detail " Location 1 550 N FEDERAL HWY 1 V 1t its: - - Municipality BOYNTON BEACH +� Parcel No. 084345220600006301,'§ Subdivision COQUINA COVE IN Book 27258 Page 86 �;� �. er - NF-15tla PI Sale Date DEC-2014 + STAJUS CONSULTING LLC C/O 80 BUSINESS + - Mailing PARK DRSTE 103 Address ,`•k i �, u, ARMONK NY 10504 1704 Use Type 1 100-STORES - t Total Square Feet 16772 r t }�1V1Wa�IlirbSk{},?1;\J7t�S�b11J)\J�il11aS\$�U1lJ)1y�il11aS1A$U1lJ)hy�illlaS\$�Ullv+�s� �{ � � � I I ��, t I I Sales Information j s , r Sales Date Price 1'>7� DEC-2014 3412500 AUG-2005 4700000 JUL-2005 10 JAN-1986 100 AN-1986 750000 1 2 t Appraisals '0 Tax Year 2017 ++ - Improvement Value $898,823 Land Value $862,179 - 7 ��iTotal Market Value $1,761,002 , rs� All values are as of January 1 st each year Ic1�� z Murano Bay CSr -,'.,'{z��sn,ta+>a�ros>a�ros>swos>awos>swos>swo}la�ros>a�ros>swos>s�Ua,'fi� � � 5 Assessed/Taxable values Tax Year 2017 1 Assessed Value $1,690,530 s, 1' --Muirana.FSay.Dr Exemption i 1 $0 Amount Taxable Value $1,690,530 � ,t*kt1ppDllAUAlAI1,U,G1Stk1V1lAUAlAI1,U,G1Stk1UlAUllpI1,U,G1Stk1UlAUAIC;�{'�f h '� S � - - - _ l�� Y .f+ fi. r� .. �n i• _ i Taxes Tax Year 2017 Ad Valorem $36,575 `, Non Ad Valorem $7,878 http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522060000630# 1/1 LEASE This Lease (the "Lease"), entered into on 01 h), I )'e,, 6 between YACHTS ANS PROPERTIES, LLC, a Delaware limited liability company,having its principal place of business c/o Stajus Consulting, LLC, 80 Business Park Drive, Suite 103, Armonk, NY 10504, referred to as "Lessor," and a !LnL:��M ,�(LLC,-�,,havirij its principal place of business at -�x --�11-l" referred to as"Lessee." SECTION ONE DESCRIPTION OF PREMISES Lessor leases to Lessee the store premises (the "Premisee') shown as "Units 1-3" on the Site Plan attached hereto as Exhibit A, located in "Ocean Palm Plaza- Building 1550" at 1550 North Federal Highway, Boynton each,Florida(the"Shopping Center). For the purposes of this Lease, "Units 1-3" shall also include both bathrooms and the hallway between bathrooms located between"Units 1-3"and "Units 4-6" as shown on the Site Plan attached hereto as Exhibit "A." (Lessor reserves the right in its sole discretion to change the name of the Shopping Center at any time, with or without notice to or approval of Lessee). SECTION TWO TERM The initial term of this Lease ("Term" or"Lease Term") is approximately Five (5) years, beginning on the Delivery Date (as defined in Section Four)(the"Commencement Date"), and terminating on the last day of the month in which occurs the Fifth (5h) anniversary of the Rent Commencement Date, as that to is defined in Section Three, (the "Termination Date"), unless the Lease is extended as provided in Section Thirty-One.Any Extension Term,properly exercised, shall become part of the Lease Tenn for all purposes hereunder. SECTION THREE FIXED RENT AND OR CHARGES A. FIXED RENT. Lessee shall pay Lessor Fixed Rent, in advance, without any offset or deduction on the first day of each month of the Tenn in the following amounts(which amounts do not include applicable Florida Sales Tax, which in all events shall be paid by Lessee): Year PSF Rent Annual Rent hjgnjLRg!]Lt 1 $18.00 $73,116 $6,093 2 $18-54 $75,309 $6,276 3 $19.10 $77,569 $6,464 4 $19.67 $79,896 $6,658 5 $20.26 $82,293 $6,858 B. RENT COMMENCEMENT DATE. Lessee shall begin all payments of Fixed Rent, unless otherwise specified in this Lease,on the Rent Commencement Date,which shall be one hundred thirty five(135)days from the receipt of a final construction building inspection from the City of Boynton each. C. INITIAL OPERATING EXPENSES:$7 per square foot per annum($0.58 per square foot per month), payable in monthly installments on the first day of each and every month during the Tenn (subject to periodic adjustment pursuant to Section 8). Lessee's Proportionate Share of Operating Expenses shall be 21%, which share is derived by dividing the number of gross rentable square feet contained in the Premises (stipulated to be 4062 square feet) by the "Gross Rentable Shopping Center Square Footage, (19,334), which is the aggregate number of square feet contained in the Shopping Center being used for retail purposes, Less-or may adjust the Gross Rentable Shopping Center Square Footage to account for outparcels shown on the Site Plan to account for the fact that such tenant(s) or occupant(s) may pay or incur certain Operating Expenses directly. D. SECURITY DEPOSIT: $8,632. The Deposit shall be held as security for the payment of Rent, and for performance of all other terms,covenants and conditions of Lessee hereunder;the amount of the Deposit, without interest,shall be repaid to Lessee after the Tenn ination.Date, provided Lessee shall have performed' all terms, covenants and conditions under this Lease. Upon any Event of Default by Lessee, all or part of the Deposit may, at Lessor's sole discretion, be applied on account of such default, and thereafter Lessee shall promptly restore the resulting deficiency in the Deposit. The Deposit may be co-mingled by Lessor with its own funds. Lessee acknowledges that the Deposit is not to be construed as prepaid Rent by Lessee for any rental period during the Tenn. The Deposit is in addition to, and not a substitute for any statutory landlord's lien provided under law. ALL(cA,, 4A Sljn-'14Lkpa 11 Qc"JL E. DUE ON 93fiFst M0141.2-- , operatifw��2-29 apPUQaWC4d"-:taX-- JU- x-qL,,qQ- S 0"t'CJL-161X F. PAYMAT; LATE FEES: Fixed Rent, 011erating Expenses and any other payments due under this Lease(whether or not designated as"Additional Rent"hereunder)shall be collectively referred to as"Rene'. Lessee shall pay Lessor the Fixed Rent and Operating Expenses in monthly installments each month (plus any applicable Florida Sales Tax), beginning on the Rent Commencement Date,with succeeding payments as called for in the Lease due on the 11 day of each subsequent month during the Term of the Lease. Late Fees equal to the greater of Two Hundred Dollars ($200.00)or ten percent (10%)of the past due amount, plus interest calculated at the to of 1.5% per month (or if less, the maximum amount allowed under applicable law) shall be assessed if Rent (or any portion thereof) is not received by the 5'h of the month in which it becomes due. In addition to the foregoing Late Fees, bad checks shall also incur an administrative charge of Fifty Dollars ($50.00), plus any fee imposed on Lessor by its bank or financial institution. IT-- si-rrm FOUR kvs-- CONDITION OF THE PREMISES Lessor shall deliver the Premises to Lessee with all of Lessor's or (as described in Exhibit B attached hereto) substantially complete no later than the Outside Delivery Date (as defined in Section Seven), Unless Lessor is delivering possession on execution of this Lease, Lessor agrees to provide Lessee with at least three (3)days notice of the date on which Lessor intends to deliver the Premises.which date shall be known as the "Delivery Date". Lessor and Lessee stipulate that the Premises will consist of the number of square feet of leaseable area set forth in Section Three(C), Except for Lessor's or , the Premises shall be delivered in strictly "AS-IS, WHERE IS" condition and Lessee shall accept the same in the condition existing on the date delivered without claims for repairs or improvements. Acceptance of the Premises by Lessee shall be construed as recognition that the Premises are in a goods of repair and in sanitary condition on the date delivered, which Premises are hereby accepted by the Lessee. Lessor makes no express orimplied warranty or representation as to the fitness of the Premises for Lessee's intended use. nor the existence oro eration of other tenants or occupants within the Shopping Center, nor the condition of any systems or services serving the Premises, including without limitation the HVAC or any utility service. Lessee shall arrange and pay for all utilities furnished to the Premises for the Term of this Lease, including,but not limited to,electricity, gas, water, sewer, and telephone service. Lessor must approve Lessee's construction is for its initial build-out in writing before Lessee may begin any work in the Premises. SECTION FIVE USE OF PREMISES; RESTRICTIONS ON USE Lessee may use the Premises for the purposes of a"commercial kitchen,culinary incubator,and retail kitchen " (the "Permitted Use"), and for no other use or purpose. For the purposes of this Lease, a "commercial kitchen,culinary incubator,and retail kitchen" shall be defined as the following- Commercial Kitchen- a place of business we different foods are prepared and cooked for wholesale and retail sales and distribution. Culinary Incubator- a place of business that is outfitted as a commercial kitchen and is subleased in-part to chef entrepreneurs and other small food related business for the purpose of preparing and selling different food cuisine. Retail Kitchen- A place of business that offers food and beverages for sale to the general public. For the purpose of this Lease,the Retail Kitchen shall be limited in size and scope to less than 33%of the Premises. Lessee shall operate under the trade name" i rA-4 L-LC and shall not change such trade name without the prior consent and approval of Lessor'�Vhf�ich�may_be granted or withheld in Lessor's sole discretion. Lessee shall restrict its use to such purpose,and shall not use or permit the use of the Premises for any other purpose without the prior,express,and written consent of Lessor or Lessor's authorized agent. Lessee shall not use the Premises in any manner that will increase risks covered by insurance on the Premises and/or result in an increase in the rate of insurance or a cancellation of any insurance policy,even if such use may be in furtherance of Lessee's business purposes, or allow a lien or other encumbrance to attach to Lessor's estate. In no event shall Lessee violate any of the Exclusive and Prohibited Uses listed on.Exhibit C. Lessee shall not keep, use, or sell anything prohibited by any policy of fire insurance covering the Premises, and shall comply with all recommendations and requirements of the insurers applicable to the Premises and necessary to keep in force the casualty and liability insurance. 3 OtV_ Lessee agrees to initially open for business on or before the Rent Commencement Date, and continuously operate its business in the Premises fully stocked, staffed and fixtured,during regular business hours(at least 9 am to 5 pm Monday through Saturday) during the entire Lease Term. Upon written consent by Lessor of Lessee's plans to expand the size and scope of the Premises. Lessee shall be allowed to expand the size of the Premises to include the outdoor space directly adjacent to the western most wall of the Premises, If approved by the City of Boynton each and Lessor.the expanded outdoor space shall include parts of the Shopping Center that are currently 6-driveway" space. SECTION SIX WASTE,NUISANCE,AND COMPLIANCE WITH LAWS Lessee shall not allow any waste or nuisance on the Premises, nor use or allow the Premises to be used for any unlawful purpose or in an unlawful manner. Lessee shall comply with all laws, rules, regulations or ordinances governing the Premises, shall obtain and keep in full force and effect all occupational, sales tax or other licenses required by any governmental agency having authority over Lessee's business, and shall pay all dues, fees, taxes or other charges imposed on Lessee's business by any authorized governmental authority. SECTION SEVEN DELAY IN DELIVERING POSSESSION Lessee shall receive the unit upon execution of this lease in "as-is" condition, however this Lease shall not be rendered void or voidable by the inability of Lessor to deliver possession to Lessee on any specified date. Lessor shall not be liable to Lessee for any loss or damage suffered by reason of any delay; provided, however,that in the event,for any reason, Lessor does not substantially complete Lessor's or and deliver the Premises within 120 days of the execution of this Lease Agreement("Outside Delivery Date"),the Rent Commencement Date shall be extended one(1)day for each day of delay in completing Lessor's Work.No extension of this Lease shall result from a delay in delivering possession. SECTION E I G1 IT OPERATING EXPENSES A. The to "Operating Expenses" shall mean all costs and expenses incurred by or on behalf of Lessor in operating, managing, maintaining and repairing the Shopping Center, including, without limitation, all costs with respect to insurance expenses, real estate taxes (whether general or special, ad valorem or otherwise),all costs and expenses of operating,managing,maintaining,repairing and replacing, signing, cleaning, painting • striping of the Shopping Center (including, without limitation, the cost of uniforms, equipment and employment taxes);payroll burden of all employees(payroll taxes and employee benefits); security; alarm, surveillance and life safety systems;janitorial services; maintenance of sprinkler systems; removal of water, trash and debris; payments required by governmental authorities; costs and expenses in connection with maintaining governmental authority ambient air and environmental standards; the costs of all materials, supplies and services purchased or hired therefore; operation of public toilets; maintenance, repair and replacement of the roof, utility systems serving the Shopping Center including, without limitation, water, sewer and storm water lines and other utility lines, pipes and conduits® 4 management fees, costs and expenses of inspecting and depreciation of machinery and equipment used in the operation and maintenance of the Shopping Center and personal property taxes and other charges (including,but not limited to, financing, leasing or rental costs)incurred in connection with such equipment: costs and expenses of capital repairs and replacements to the Shopping Center, including,without limitation, lighting and shrubbery; costs of providing water, sewer, power and other utilities to the Shopping Center, the cost of any capital improvements made to the Shopping Center by Lessor that reduce other Operating Expenses or made to the Shopping Center required under any governmental requirement;and administrative costs attributable to the Shopping Center for on-site personnel and an overhead cost equal to fifteen percent (15%) of the total costs and expenses of operating and maintaining the Shopping Center. Lessor may elect to amortize any of the foregoing costs and expenses over such period as Lessor shall determine together with interest at the to of fifteen percent(15%) per annum. B. Commencing Ninety (90) Days from the execution ofthis Lease or upon receipt of final construction inspection from the City of Boynton Beach,whichever is first,Lessee shall pay, with each monthly installment of Fixed Rent,one-twelfth (1/12)of Lessee's Proportionate Share of annual Operating Expenses. Such amounts shall be calculated by Lessor based upon the prior (calendar or fiscal, at Lessor's sole election)year actual amounts incurred by Lessor with respect to such Operating Expenses and Lessor shall include an amount reasonably estimated by Lessor toward any increase in such charges for such succeeding years. Lessor may at any time increase such estimate of the Operating Expenses in accordance with the provisions of this Section. Upon determination by Lessor of the actual amounts incurred by Lessor during the then current year for such charges, Lessee shall pay upon demand the amount of any deficiency in such estimated payments toward the actual amounts incurred therefor by Lessor, and Lessor shall credit any overpayment by Lessee toward the next accruing monthly payments for such charges until fully recouped. Lessee's obligation to pay the Additional Rent pursuant to this Section which accrues during the Term shall survive expiration or earlier termination of this Lease.After the end of each calendar year during the Term, Lessor shall furnish to Lessee a statement in reasonable detail of the actual costs and expenses related to the Operating Expenses payments, and the shall be an adjustment between Lessor and Lessee, with payment to or repayment by Lessor, as the case may require. Any required repayment by Lessor may be accomplis ha at Lessor's option, by crediting the amount of overpayment against Fixed Rent or future monthly payments of Operating Expenses(or any portion thereof as determined by Lessor)which may be or become owed by Lessee, and shall be deemed conclusive between the parties. Such statement may also contain an estimate by Lessor of the Operating Expenses payments for the next succeed in year,and Lessor may adjust from time to time the estimated payments of Operating Expenses. Until such time as Lessor provides a statement adjusting the estimated Operating Expenses payments, Lessee shall continue to make payments in the amount of the prior estimated amount from Lessor, subject to adjustment pursuant to this Section, and upon notification of the increase by Lessor, Lessee shall pay the full amount of the increase which is due for any prior months during the adjusted period and thereafter continue to make payments at the adjusted amount. SECTION NINE REPAIRS AND MAINTENANCE A. Lessor shall maintain the roof' foundation and structural soundness of the exterior walls (excluding all windows and doors)of the buildings and the Common Areas located in the Shopping Center. 5 LA, B. Lessee shall, at its sole cost and expense, maintain, repair and replace all other parts of the Premises in good condition and repair including, without limitation, all utilities, fixtures, mechanical, electrical, plumbing systems and equipment located i , on or about the Premises, and the heating, ventilating and air conditioning ("HVAC") system(s) servicing the Premises. Lessee, at its sole cost and expense, shall keep and maintain the Premises and the areas immediately surrounding the Premises, at all times in a neat, clean d sanitary condition (including the removal /or disposal of any trash) and in accordance with all governmental requirements, and Lessee shall, at its sole cost and expense, repair and replace all damage to e Premises caused by Lessee and its agents,officers, employees, contractors and invitees. If Lessee fails to comply with the above obligations and such failure continues for three (3)days after notice from Lessor, Lessor may perform, but is not obligated to perform,any such Lessee obligation,and the cost thereof shall be paid by Lessee as Additional Rent within ten (10)days of demand from Lessor. It is the parties intention at the Lease be a "net lease", and Lessee shall pay, in addition to Rent, all costs and expenses related to the Premises, including without limitation, all maintenance, repair and replacement expenses, except as specifically provided to the contrary in this Lease. Lessee shall throughout the Term maintain a service contract with an air conditioning repair firm approved by Lessor, at Lessee's sole cost, for the regular and emergency maintenance and repair and replacement of the HVAC systems servicing the Premises, including, without limitation, the periodic cleaning of the coils of the HVAC unit. Neither Lessee nor Lessee's employees, agents contractors or invitees shall be permitted access to the roof of the Premises or Shopping Center.Additionally, if the HVAC system (or other utilityequipment) is damaged by vandalism, fire, lightning or other casualty, Lessee shall be responsible for the cost of repair(and if necessary,replace) the equipment. Lessee's sole right of recovery shall be against Lessee's insurers for loss or damage to stock, furniture and fixtures, equipment, improvements and betterments. For any work that Lessee is responsible under this Lease which involves access to and/or penetration of the roof surface, without limiting Lessor's right to approve any alterations or work (and contractors performing the same) as provided in Sub-section (C) below, Lessee shall provide Lessor prior written notice and shall employ Lessor's contractor at Lessee's sole cost.Notwithstanding anything to the contrary contained in this Lease, Lessee shall not be permitted to perform y structural alterations or repairs to the Premises, and at Lessor's sole election either Lessor or Lessor's designated contractor shall perform, at Lessee's sole cost and expense, any such structural alterations and repairs. As a part of Lessee's general maintenance obligation, Lessee shall enter into a annual contract with a licensed, bonded and insured pest control contractor reasonably acceptable to Lessor, fully licensed to inspect and treat for pests, which shall provide services as dictated by Lessee and as Lessor may reasonably require from time to time. Upon demand by Lessor, Lessee shall furnish to Lessor a copy of the pest control maintenance contract described above. Nothing stated hereinabove shall limit Lessee's obligation to maintain the Premises free of pests throughout the Tenn.Lessee shall also close out any permits pulled by or on behalf of Lessee. C. Lessee shall not make any alterations to the Premises without the prior written consent of Lessor. Lessor shall not unreasonably withhold its consent to any interior, nonstructural alterations, but Lessor may withhold or deny its consent to any exterior alterations,or to any alterations which affect the roof, structure or mechanical electrical or plumbing facilities serving the Premises in its sole discretion. In any event, Lessor must approve any contractors Lessee may engage to perform y alterations in, on, or about the Premises. D. In order to comply with the provisions of Section 713.10 Florida Statutes,it is specifically provided that neither Lessee nor anyone claiming by, through or under Lessee, including,without limitation,contractors, subcontractors, material en,mechanics and laborers, shall have any right to file or place any kind of lien whatsoever upon the Premises or the Center or any improvement thereon,and any such liens are specifically 6 prohibited. All parties with who Lessee may deal are put on notice that Lessee has no power to subject Lessor's interest to any claim or lien of any kind or character, and all such persons so dealing with Lessee must look solely to the credit of Lessee, and not to Lessor's interest or assets. Lessee shall put all such parties with who Lessee may deal on notice of the terms of this Section. If at any time a lien or encumbrance is filed against the Premises or the Center as a result of Lessee's work,materials or obligations, Lessee shall promptly discharge said lien or encumbrance, and if said lien or encumbrance has not been removed within ten(10)days from the date it is filed,Lessee agrees to deposit with Lessor cash in an amount equal to one hundred fifty percent (150%) of the amount of any such lien or encumbrance, to be held by Lessor(without interest to Lessee) until any such lien or encumbrance is discharged. SECTION TEN SURRENDER OF PREMISES Lessee shall surrender the Premises at the end of the Term,or any renewal of suchTerm, in the same condition as when Lessee took possession,allowing for reasonable use and wear. Before surrender, Lessee shall remove all business signs placed on the Premises by Lessee and restore the portion of the Premises on which they were placed in the same condition • when delivered by Lessor, specifically including any vaults, safes, or other fixtures, and restoring such portion of the Premises. Lessor shall have the right 30 days prior to the termination of this lease(or at any time Lessee is in default of its obligations under this Lease)to place"FOR RENT"signs(or their equivalent) in or on the Premises. SECTION ELEVEN PARTIAL DESTRUCTION OF PREMISES Partial destruction of the Premises shall not render this Lease void or voidable, nor terminate it except as specifically provided in this Lease. If the Premises are partially destroyed during the Term of this Lease, Lessor shall repair them when such repairs can be made in conformity with governmental laws and regulations., within 180 days of the partial destruction. Written notice of the intention of Lessor to repair shall be given to Lessee within 60 days after any partial destruction. Fixed Rent will be reduced proportionately to the extent to which the repair operations interfere with the business conducted on the Premises by Lessee. If the repairs cannot be made within the time specified above, Lessor shall have the option to make them within a reasonable time and continue this Lease in effect with proportional rent rebate to Lessee as provided for in this Lease. If the repairs cannot be made in T 80 days, and if Lessor does not elect to make them within a reasonable time, either party shall have the option to terminate this Lease. SEC TIONTWELVE ENTRY ON PRF,MIS17S BY LESSOR Lessor reserves the right to enter on the Premises at reasonable times to inspect them, perform required maintenance and repairs, or to make additions, alterations, or modifications to the Common Areas or to any part of the building in which the Premises are located, and Lessee shall permit Lessor to do so. Lessor may erect scaffolding, fences, and similar structures, post relevant notices, and place moveable equipment in connection with making alterations, additions, or repairs, all without incurring liability to Lessee for disturbance of quiet enjoyment of the Premises,or loss of occupation or use of the Premises. Lessor will have the right (i)to establish, modify and enforce reasonable rules and regulations from time to time with respect 7 ot& to the Common Areas; (ii) to enter into, modify and terminate agreements pertaining to the use and maintenance of the Common Areas; (iii)to close temporarily portions of the Common Areas; and (iv)to do and perform such other acts in and to said areas and improvements as Lessor shall determine, SECTION THIRTEEN SIGNS,AWNINGS,AND MARQUEES INS-IALLED BY LESSEE Lessee shall not construct or place signs, awnings, marquees, or other structures projecting from the exterior of the Premises without the prior, express, and written consent of Lessor, which consent may be granted or withheld in Lessor's sole and absolute discretion. Subject to municipal code approval (to be obtained by Lessee),Lessor hereby approves Lessee's signage as shown on Exhibit D.Lessee shall remove signs,displays, advertisements, or decorations it has placed on the Premises that, in the opinion of Lessor, are offensive or otherwise objectionable in Lessor's sole opinion. If Lessee fails to remove such signs, displays, advertisements. or decorations within 5 days after receiving written notice from Lessor to remove them, Lessor reserves the right to enter the Premises and remove the at the expense of Lessee. In any event,Lessee shall conform any signs to the Sign Criteria then in effect for the Shopping Center. Except as provided herein and approved by Lessor, Lessee shall have no other rights to have any other signage or other identification displayed in the Shopping Center. Lessee shall be entitled to maintain a sign panel on the Shopping Center Pylon in the size and location shown on Exhibit D. Such panel shall conform to the manufacturer's specifications for the pylon structure,and shall be manufactured,delivered,and installed at Lessee's sole expense. Lessor reserves the right to require Lessee to use Lessor's sign company to install Lessee's panel. Lessee shall maintain, repair, and replace (as necessary) its panel on the pylon, and Lessee agrees to replace such panel if, in Lessor's opinion,such panel becomes faded, broken, cracked, or otherwise, in disrepair. If Lessee fails to replace such panel within thirty (30) days following Lessor's written notice, or if Lessee is in default of this Lease beyond any applicable notice and cure periods, Lessor may remove Lessee's panel (at Lessee's expense)and replace the same with a blank panel,or at Lessor's option a panel identifying another tenant or occupant of the Shopping Center. Lessee shall file the required store sign applications with the City of Boynton each within 30 days of the date of this Lease,and shall install the store sign within 30 days of receipt of a permit from the City of Boynton Beach to install the store sign. Failure to install the sign pursuant to the above timeline shall result in a one hundred dollar($100)per day penalty for each day late. SECTION FOURTEEN BUSINESS SALE SIGNS Lessee shall not conduct"Going out of Business,""Lost Our Lease.""Bankruptcy,"or other sales of a similar nature on the Premises without the prior written consent of Lessor. In no event shall Lessee erect or maintain any permanent or temporary signage (i.e., "reader boards", billboards, "lollipop" signs, mobile marquee, vehicles bearing signage identifying Lessee) in or on the Premises or the Common Area, without the prior written approval of Lessor, which may be withheld in Lessor's sole discretion. 8 .uw-- SECTION FIFTEEN NONLIABILITY OF LESS EXCULPATION Lessor shall not be liable for liability or damage claims for injury to persons or property from any cause relating to the occupancy of the Premises by Lessee,including these arising out ofd ages or losses occurring on sidewalks and other areas adjacent to the Premises during the Tenn of this Lease or any extension of such Tenn. Lessee shall indemnify Lessor, its agents, employees, officers and directors, to the greatest extent permitted by the laws of the State of Florida from any and all liability, loss, or other damage claims or obligations resulting from any injuries or losses of any nature,directly or indirectly related to the Lessee's use and occupancy of the Premises, including,without limitation,any claims arising in common or other areas of the property of the Lessor. The obligations of Lessor under this Lease do not constitute personal obligations of Lessor or its individual partners, shareholders,directors,officers,employees and agents,and Lessee shall look solely to Lessor's then existing interest in the Premises,and to no other assets,for satisfaction of any liability in respect of this Lease, and will not seek recourse against Lessor's individual partners, shareholders,directors,officers,employees or agents, or any of their personal assets or those of any related entity for such satisfaction.No other properties or assets of Lessor or any related entity shall be subject to levy, execution, or other enforcement procedures for the satisfaction of any judgment (or other judicial process) or for the satisfaction of any other remedy of Lessee arising out of or in connection with this Lease,the relationship of landlord and tenant, or Lessee's use of the Premises.Lessee's sole right and remedy in any action concerning Lessor's reasonableness(if and where the same is required under this Lease) shall be an action for either declaratory judgment or specific performance. SECTION SIXTEEN LIABILITY INSURANCE Lessee shall procure and maintain in force at its expense during the Term of this Lease and any extension of such Term,public liability insurance (and liquor liability insurance, if applicable)with insurance companies and through brokers approved by Lessor. Such coverage shall be adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the Premises, in a minimum amount of$1,000,000 for each person injured,$2,000,000 for any one accident,and$1,000,000 for property damage. The insurance policies all provide coverage for contingent liability of Lessor on any claims or losses. Lessor, and any other persons or entities designated by Lessor, must be named as an additional named insured under any such policy of insurance. The insurance policies shall be delivered to Lessor for safekeeping. Lessee shall obtain a written obligation from the insurers to notify Lessor in writing at least 30 days prior to cancellation or refusal to renew any policy. The insurance policies shall provide coverage for contingent liability of Lessor on any claims or losses. Lessor, and any other persons or entities designated by Lessor, including but not limited to Lessor's managing agent, must be named as an additional named insured under any such policy of insurance. The insurance policies shall be delivered to Lessor for safekeeping.Lessee shall obtain a written obligation from the insurers to notify Lessor in writing at least 30 days prior to cancellation or refusal to renew any policy. If the insurance policies required by this section are not kept in force during the entire Term of this Lease or any extension of such Term, Lessor may, but shall not be required to procure the necessary insurance and pay 9 QW— the premium for it,and the premium shall be repaid to Lessor as an Additional Rent installment forte month following the date on which the premiums were paid by Lessor. SECTION SEVENTEEN ASSIGNMENT, SUBLEASE, OR LICENSE Lessee shall not assign or sublease the Premises (or any part thereof), nor grant any right or privilege connected with the Premises or use thereof,nor allow any other person except agents and employees of Lessee to occupy the Premises(or any part thereof)without first obtaining the prior written consent of Lessor,which consent may be granted or withheld by Lessor in its sole and absolute discretion. Consent by Lessor to one assignment, sublease or license shall not be consent to any subsequent assignment, sublease, or license. An unauthorized assignment, sublease, or license to occupy by Lessee shall be void and at the option of Lessor shall terminate this Lease. The interest of Lessee in this Lease is not assignable by operation of law without the written consent of Lessor. Any assignment for the benefit of creditors,or any transfer of stock,partnership, or other form of ownership interest in Lessee is prohibited except in accordance with the provisions of this Section. In addition, no assignment, sublease or license. whether with or without Lessor's consent shall affect any personal or corporate guaranty. As a condition of considering any request for Lessor's approval, together with its request. Lessee shall pay Lessor a review fee of One Thousand Dollars ($1,000.00), plus Lessor's reasonable attorney fees and or administrative fees in reviewing the terms and considerations of any proposed assignment,sublease or license, whether or not such transfer is approved by Lessor. SECTION EiGuriFEN BREACH Failure to pay any its of Rent when due, the appointment of a receiver totake possession of the assets of Lessee,a general assignment for the benefit of the creditors of Lessee,any action taken or allowed to be taken by Lessee under any bankruptcy act, or the failure of Lessee to comply with any to and/or condition of this Lease shall constitute a breach of this Lease. Lessee shall have 10 days after receipt of written notice from Lessor of a monetary breach,and 25 days after receipt of written notice from Lessor of a non-monetary breach to correct the conditions specified in.the notice. If Lessee cannot reasonably cure such breach within the 10 day period of a monetary breach,and 25 day period for a non-monetary breach,Lessee shall have a reasonable time to correct the default, provided such action is commenced by Lessee within 5 days after receipt of the notice and diligently pursued to completion.Such additional time shall not be required for any event involving a failure to pay any its of Rent when due. SECTION NINETEEN REMEDIES OF LESSOR FOR BREACH BY LESSEE Lessor shall have the following remedies in addition to its other rights and remedies in the event Lessee breaches this Lease and fails to make corrections as set forth in Section Eighteen: 10 khA__ A. Lessor may reenter the Premises immediately and remove the property and personnel of Lessee, store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. B. After reentry, Lessor may terminate this Lease on giving 10 days written notice of termination to Lessee. Without such notice, reentry will not ten-ninate this Lease. On termination, Lessor may recover from Lessee all damages proximately resulting from the breach, including, but not limited to, the cost of recovering the Premises and the balance of the Rent payments remaining due and unpaid under this Lease. C.After reentering,Lessor may relet the Premises or any part of the Premises for any term without terminating this Lease, at such rent and on such terms as it may choose. Lessor may make alterations and repairs to the Premises. The duties and liabilities of the parties if the Premises are relet shall be as follows: (1) In addition to Lessee's liability to Lessor for breach of this Lease,Lessee shall be liable for all expenses of the reletting, for the alterations and repairs made, and for the difference between the rent received by Lessor under the new Lease and the Rent installments that were due for the same period under this Lease. (2) Lessor, at its option, shall have the right to apply the rent received from reletting the premises (a)to reduce Lessee's indebtedness to Lessor under this Lease, not including indebtedness for Rent, (b) to expenses of the reletting and alterations and repairs made,(c)to Rent due under this Lease,or(d)to payment of future Rent under this Lease as it becomes due. If the new Lessee does not pay a Rent installment promptly to Lessor, and the Rent installment has been credited in advance of payment to the indebtedness of Lessee other than Rent, or if rentals from the new Lessee have been otherwise applied by Lessor as provided for in this section, and during any Rent installment period,are less than the Rent payable for the corresponding installment period under this Lease, Lessee shall pay Lessor the deficiency, separately for each rent installment deficiency period, and before the end of that period. Lessor may, at any time after such reletting, terminate this Lease for the breach on which Lessor based the reentry and relet the Premises. After reentry, Lessor may procure the appointment of a receiver to take possession and collect rents and profits of the business of Lessee. If necessary to collect the rents and profits, the receiver may carry on the business of Lessee and take possession of the personal property used in the business of Lessee, including inventory, trade fixtures, and furnishings and use them in the business without compensating Lessee. Proceedings for appointment of a receiver by Lessor, or the appointment of a receiver and the conduct of the business of Lessee by the receiver,shall not terminate this Lease unless Lessor has given written notice of termination to Lessee as provided in this Lease. SECTION TWENTY ATTORNEY AND BROKER FEES If either party engages the services of an attorney or law firm in an effort to enforce any agreement contained in this Lease,or for breach of any covenant or condition,by filing an action or otherwise,the non-prevailing party shall pay reasonable attorney fees to the prevailing party in the action. SECTION TWENTY-ONE CONDEMNATION Eminent domain proceedings resulting in the condemnation (or a deed in lieu thereof) of a part of the Premises, but leaving the remaining premises usable by Lessee for the purposes of its business, will not terminate this Lease unless Lessor,at its option,terminates this Lease by giving written notice of termination to Lessee. The effect of any condemnation, where the option to terminate is not exercised, will be to terminate this Lease as to the portion of the Premises condemned, and the lease of the remainder of the Premises shall remain intact. The Fixed Rent for the remainder of the lease to shall be reduced by the amount that the usefulness of the Premises has been reduced for the business purposes of Lessee. Lessee assigns and transfers to Lessor any claim it may have to compensation for damages as a result of any condemnation. Lessee shall have no claim upon any award or damages awarded to Lessor by virtue of any condemnation or deed in lieu thereof. SECTION TWENTY-Tl IREE WAIVERS Waiver by Lessor of any breach of any covenant or duty of Lessee under this lease is not d waiver of a breach of any other covenant or duty of Lessee,or of any subsequent breach of the same covenant or duty. SECTION TWENTY-FOUR GOVERNING LAW It is agreed that this Lease shall be governed by,construed,and enforced in accordance with the laws of the State of Florida. SECTION TWENTY-FIVE ENTIRE AGREEMENT This Lease shall constitute the entire agreement between the parties. Any prior understanding or representation or any oral agreement of any kind preceding the date of this Lease shall not be binding upon either party except to the extent incorporated in this Lease or by separate written instrument executed by both parties or their authorized representatives. SECTION TWENTY-SIX MODIFICATION OF AGREEMENT Any modification of this Lease or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed byeach party or an authorized representative of each party. 12 SECTION TWENTY-SEVEN NOTICES All notices,demands,or other writings that this Lease requires to be given,or which may be given,by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, registered and postage prepaid,and addressed as follows: To Lessor: YACHTSMAN PROPERTIES, LLC c/o Stajus Consulting, LLC, 80 Business Park Drive, Suite 103, Armonk,NY 10504 To Lessee: ILI Stj �5 AIC, .......... The address to which any notice, demand, orother writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. SECTION TWENTY-EIGHT BINDING EFFECT This Lease shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties. SECTION TWENTY-NINE TIME OF THE ESSENCE It is specifically declared and agreed that time is of the essence of this Lease and each and every provision hereof. SECTION THIRTY PARAGRAPH HEADINGS The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain,modify, simplify, or aid in the interpretation of the provisions of this Lease. SECTION THIRTY-ONE OPTION TO EXTEND Provided Lessee has not been in default of this Lease beyond any notice and cure periods at any time prior to its exercise, Lessee may exercise its option to extend the to of this Lease for four(4) additional to 13 (the "Extension Tenn") of Five (5) years. Lessee must exercise such option, if at all, by written notice delivered to Lessor no later than six (6)months prior to the Termination Date(time being of the essence). For the First renewal period,all of the terms of the Lease shall remain in effect, except that the Term of the renewal period shall be exactly Five(5)years. For the Second renewal period, all of the terms of the Lease shall remain in effect, except that the Fixed Rent during the first year of the Extension Term shall be"Fair Market Rent". Fixed Rent for each subsequent year shall be the Fixed Rent for the prior year increased by five percent (3%). The Term of the renewal period shall be exactly Five(5)years. For the Third renewal period,all of the terms of the Lease shall remain in effect,except that the Fixed Rent during the first year of the Extension Term shall be "Fair Market Rent". Fixed Rent fdr each subsequent year shall be the Fixed Rent for the prior year increased by five percent (3%). The Term of the renewal period shall be exactly Five(5)years. For the Fourth renewal period,all of the to of the Lease shall remain in effect,except that the Fixed Rent during the first year of the Extension Term shall be "Fair Market Rent". Fixed Rent for each subsequent year shall be the Fixed Rent for the prior year increased by five percent (3%). The Term of the renewal period shall be exactly Five(5)years. The to "Fair Market Renf' shall mean the monthly amount per square foot that a willing landlord would Accept and a willing retail tenant would pay,at arms-length, for a comparable commercial building located in the vicinity of the Shopping Center for a use similar to that of Lessee at the time of such negotiation. In the event that the parties cannot agree on the Fair Market Rent for such Extension Tenn before the Termination Date, Lessor and Lessee jointly shall select an independent third party appraiser reasonably acceptable to both parties. The cost of the third party appraisal shall be shared by the parties. If Lessor and Lessee cannot agree upon an independent third party appraiser, then either party may request a court of competent jurisdiction to appoint such an appraiser. The decision of the appraiser shall be binding upon Lessor and Lessee. SECTION THIRTY-TWO RELOCATION Notwithstanding any other provision in this Lease, Lessor in its sole discretion shall have the option at any time to relocate Lessee from the Leased Premises (the "Present Premises") into other premises in the Shopping Center(the "New Premises"). Lessor shall give Lessee at least forty-five(45) days notice of the approximate date Lessee is to move to the New Premises. Lessor shall prepare the New Premises to the same extent that Lessor prepared the Present Premises. The New Premises will have at least the same amount of square foot area as the Present Premises. Lessor shall pay for moving Lessee's inventory,fixtures, equipment and storefront sign to the New Premises. The New Premises will become the Leased Premises (instead of the Present Premises)and the Rent(including all of Lessee's other monetary obligations to Lessor under the Lease) and all the other terms and provisions of"this Lease shall be transferred to and continue to apply,without interruption,to the New Premises from and after the date Lessee is required to move pursuant to this Section. 14 SECTION THIRTY-THREE GUARANTY Asa condition of Lessor's entering into this Lease, ("Guarantor") is concurrently executing a personal guaranty, guaranteeing Lessee's full and faithful performance of the terms and conditions of this Lease. Such personal guaranty is of both payment and performance, and shall be without recourse to any other rights or remedies available to Lessor. SECTION THIRTY- FOUR CONFIDENTIALITY A. Lessee's Obligations. Lessee agrees that (a) except asprovided in this Lease, Lessee shall maintain the confidential nature of any Proprietary Information received or acquired by him including but not limited to the amount of base rent defined herein, and (b) Lessee shall use the Proprietary Information solely for the purpose of meeting Lessee's obligations under this Lease and not in connection with any other business or activity. "Proprietary Information" means all oral, written or recorded information about or related to the terms of this Lease contained herin, whether acquired before or after the date of this Lease,and regardless of the manner in which it is acquired, together with any documents or other materials prepared by Lessee that contain or reflect such information. B. Limitations on Confidential Obligations and Use Restrictions. The restrictions in this Paragraph above do not apply to information that the Lessee can demonstrate (i) is then in the public domain by acts not attributable to Lessee or (ii) is received after the execution of this Lease on an unrestricted basis by the Lessee from a third party source who,to Lessee's knowledge after due inquiry,is not and was not bound by confidentiality obligations to the Lessor or any At of the Lessor. In addition, Lessee and the Lessor are permitted to disclose any Proprietary Information that is necessary in the defense or prosecution of any legal action. C. Actions if Disclosure Required. If either Lessee or Lessor is required by law to make any disclosure otherwise prohibited under this Agreement, such party shall use its best efforts to provide the other with prompt prior notice where possible so that(a) the other party (with the reasonable cooperation of the party required to make the disclosure) may seek any appropriate protection order or other remedy and/or(b) the parties can seek in good faith to agree on the appropriate scope and approach to disclosure. If a protective order or other remedy is not obtained' the party required to make the disclosure may furnish only that portion of information protected by this Agreement that the party is legally compelled to disclose and shall use its reasonable efforts to obtain confidential treatment for all information so disclosed. D. Injunction. Each party agrees that remedies at law may be inadequate to protect against breach of this Paragraph, and agrees to the granting of injunctive relief without proof of actual damage. REST OF PAGE LEFT BLANK 15 IN WITNESS WHEREOF, the respective parties have signed, sealed and delivered this Lease on the date and year written below. LESSOR: YACHTS S PROPERTIES,LLC, CHkTSM a Delawar imited liability company WITNESS. S. By: its WITNESS: ate ` LESSEE: ...........6;�ck ------------4--- eS, f-L fit J WITNESS: WITNESS:._' ...................... ............ Dated 16 EXHIBIT A SITE PLAN !A-50 N Federgi fli li �vnfon Besot Florida, r � J " ... S ... l� s F r•'� 9•; q.,a,,,y a m k4 $�� . �,... ....,R. .v — ._ _. E'� I, y � y r "'7" ty y �s 77 F mm .w/ 17 EXHIBIT B LESSEE'S WORK Lessee will take the unit"as is"and is responsible for all tenant improvements at the Premises. LESSOR'S WORK Lessor shall pay Lessee $43 per square foot($153,639) for tenant improvements. The tenant improvement reimbursements shall be paid from Lessor to Lessee as follows: I) Lessee must provide invoices for all work completed; and 2) Lessee must provide contingent lien waivers for all tenant improvement reimbursements; and 3) Lessee must make the Premises available to Lessor's agent during normal business hours for the purpose of inspecting the work submitted for reimbursement;and 4) Tenant Improvement payments shall be made in a minimum of$50,000 increments. 5) Lessor shall make all Tenant Improvement payments within fifteen (15)business days from the receipt of all of the information and inspections as defined above. 18 LA— EXHIBIT C EXCLUSIVE AND PROHIBITED USES 1. Adult book stores,adult theatre, or adult amusement facility. 2. Amusement centers, arcade/game rooms. 3. Automobile and light truck new sales or rental. 4. Automobile service and self-service gas stations. 5. Automobile/motorcycle repair shops. 6. Automobile storage. 7. at and massage parlors. 8. Billiard rooms, bowling alleys, skating or roller rinks and poolrooms. 9. Any industrial or mining use. 10. Dry cleaners with on-site cleaning plant. 11. Office use(except incidental to a retail use permitted hereunder). 12. Medical observatory dormitories or any other sleeping quarters or lodging. 13. Mortuaries or funeral homes. 14. Natatoriums. 15. Open-air theaters. 16. Propagating and growing plants for sale. 17. Pubs,bars, nightclubs or discos. 18. Self-service storage facilities. 19. Skating rinks 20. Truck rentals. 21. The retail sale of new cellular phones and cellular phone plans. 2 1. Any other use not allowed under this Lease, prohibited by law or for which Lessor has granted another occupant an exclusive use right. 19 EXHIBIT D SIGNAGE F Letter ail, 1-2 110, 20 ®Continued MONUMENT SIGNAGE MEAN PALM PLAZA 15513l I * It is expected that lessee will have at least one(1) space on the monument. 21 GUARANTY OF LEASE THIS GUARANTY OF LEASE kGREEMFN `'"Guaranty"is made and entered into this Odav of 'P"'t� Ul' L"7' .2016 by ss at in favor of 'YACHT ANS PROPERTIES,LLC.alatvare limited iia ility company("L dlo ''M. � WMNESSETH: WHE � A�d �K -1)AS, k)IAA & - - a4 i" ("Tenant"),and Landlord entered into t44t certain Lease"Lease"dated 2016,with respect A-32AL1. to the Property as more particularly described in the Lease(all capitalized terms not defined herein shall have the same meanings ascribed to them in the Lease);and WHEREAS,in order to induce Landlord to enter into the Lease,the undersigned Guarantor(s)has agreed to guaranty the payment of all rents and charges.and the performance of all ofTen ant's obligations.under the Lease. NOW,THEREFORE,in consideration of the execution and delivery of the Lease by Landlord.and other good and valuable considerations,the receipt and sufficiency of which am hereby acknowledged.Guarantor hereby agrees as follows: 1.The undersigned hereby guarantees to the Landlord and to any mortgagee holding a mortgage upon the interest of Landlord in the Property,the due and punctual payment of all Rent payable under the Lease..and each and every installment thereof,as well as the full and prompt and complete performance by the Tenant of each and all of the terms,covenants and conditions in the Lease contained on the pan of the Tenant therein to be kept,observed and performed, for the Tenn,with no less force and effect than if the undersigned were named as the Tenant in the Lease,and the undersigned,will forthwith on demand pay all amounts at any time in arrears,and wil I make good any and all Events of Default occurring under the Lease, Guarantor hereby waiving any rights to prior demand or Landlord's enforcement of the Lease first against Tenant.This Guaranty and the liability of the undersigned shall be absolute,and unlimited,and shall in no way be impaired or afficeted by any assignment which may be made of the Lease,or any subletting hereunder,or by any extension(s)of the payment of any Rent,Guarantor hereby waiving any defenses against such amounts and/or performance under the Lease which Tenant may have had'. asserted and/or been entitled to assert against such amounts and/or performance under the Lease. 2.No action or proceeding brought or instituted under this Guaranty against the undersigned,and no recovery had in pursuance thereof,shall be a bar or defense to any further action or proceeding which may be brought under this Guaranty by reason of any further default or defaults of Tenant.The liability of the undersigned shall not be deemed to be waived, released, discharged, impaired or affected by reason of the release or discharge of the'renant including,but not limited to,any release or discharge pursuant to any reorgani7ation, readjustment, insolvency, receivership orbankruptcy pros din There shall be no modification of the provisions of this Guaranty unless the same be in writing and signed by the undersigned and the Landlord. 3.All of the terms,covenants and conditions of this Guaranty shall be joint and several,and shall extend to and be binding upon the undersigned,their heirs,executors,administrators,and assigns,and shall inure to the benefit of the Landlord,its successors and assigns,and to any future owner of the fee of the Property and to any mortgagee of the Landlord.Landlord may,without notice,assign the Lease or this Guaranty in whole or in part,and the undersigned agrees that nomodification of the terms,covenants Or conditions of the Lease shall in anyway impair or affect the undersigned's obligations hereunder. 4.If citherparty hereto brings any action to enforce rights under this Guaranty,whetherjudicial,administrative or otherwise,the prevailing party in that action shall be entitled to recover from the losing party all fees and court costs incurred,including reasonable attorneys'fees,whether such costs and fees are incurred out of court, at trial,on appeal,or in any bankruptcy proceeding.This Guaranty and the rights and obligations of the panics hereto are governed by the laws of The State of Florida. 5.If any term,covenant or condition of this Guaranty,orthe application thereof to any person or circumstance, shall,to any extent.be invalid or unenforceable,the remainder of the Guaranty,or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be alfected thereby,and each term, covenant or condition of this Guaranty shall be valid and enforceable to the fullest extent permitted by applicable law.The execution of this Guaranty prior to the execution of the Lease shall not invalidate this Guaranty or lessen the obligations of the Guarantor(s) hereunder. &LANDLORD AND THE UNDERSIGNED HEREBY MUTUALLY WAIVE ANY AND ALI.RIGHTS WHICH EITHER MAY HAVE TO REQUEST A JURY TRIAL IN ANY PROCEEDING AT LAW OR IN EQUITY IN ANY COURT OF COMPETENT JURISDICTION WHICH PROCEEDING IS UNDEF-IN CONNECTION WITH OR RELATED TO THIS S U UARANTY.THE UNDERSIGNED ACKNOWLEDGES THAT THEWAIVER IS A MATERIAL INDUCE MEN`['TO LANDLORLDTO ENTER INTO THE LEASE, 7.This Guaranty contains the entire agreement between the parties with respect to the matters contained herein,and shall not be modified except in writing executed by all parties. IN WITNESS WHEREOF.the undersigned have executed this Guaranty on thisLlNkv ofagp4,2016. _," GUARANTOR. Tax ID NoJSSN: LO Addreis STATE OF COUNTY 01' This instrument was sworn,subscribed and acknowledged before me on this day of I' 2U1 G by and who is personally known to me or who produced-L-, iij ps'c as identification. ...................... -Rotaqy Public WC0WW4pN4FF9rA10 Eqq�gt .Mvch2i.20 4-Ir qMWTWUNdNyNftUWW*AM @Ezil Contractor Agreement ARTICLES OF AGREEMENT Made the 10, day of June, 2�017 THE PARTIES TO THIS CONTRACTOR AGREEMENT ARE. `aarTle(S), Na&rwHatudl; Drrysocal Ad&es,, 1550 North Federal Highway Suite 1, Boynton Beach FL 33435 Tdephoie 1ijmber: (561), 594-8846 referr&J to as "The, 0,ewner"", it rl. G,x)ema,;killnufaftute'LLC,C' A, Treisures AND US Cabinets Plus, Inc, DAB, GC Building Group. 33,1. ,-o�,a 1 Spa iri 9 s Dr'. Co-31 Spnngs, Fi, 33065 Telephone Number� 954,247,44-118 Ucehse Nwrber-1 CGC1524487, referved tO aS "the CO�'traCtQj,` The pa -ties crioose thp abcrve slatc*d addreqses asheii, pliysical addr,esses riarpo,,-,es oil n defivei,y cf ay rotice, payFh(?r'It of any arnowv� arid at �,Oocn lega flay ,,11 �,,foceeclirjg- - b, r,stauted, Each of tf,e partieS fe erit-0e1d ar, any brie by vialy of bvnrten noiice t0 the Other' tG Chah9it" 0)42 41fC�1'111,d L'tLff,[ rega�'(fing fl'ietr PhYSICM &d&esses, Whereas the Owner is desirous of Remodeling an existing store, Building And Or Residents perta,ining in the following charges and/or agreements: fy"I 0'v owy ,k- i )C-rpre, n vay, A"n sil d t-,e resvC'nq pur err,- , )m,-IterC:ntfa,.,,,ur o'l t� rhe 1�wilt m n"I" A Dervvv!` cl� rtr'V? b�r�� (��its� '�s�R)t`��'+)res+ a'> +f +i�rt�t,�r��f�)k � 6r+r. �� }r t,++n' F l\�i�§,.a��i,��f�V"��4tr"}s� -t v 1-•, `("" z'i�. .•"l'�, _ FSH '1 w,e i�uiv.. i,i +.. .. .-.rd Y,ri ., .F Ii, YI a.. , @'er na t"e r prerred to as 'tl-ie tyu of k Z At the following address (Hereinafter refr:n d to dry „the P!tC,i,ert-y". In accordance with ibis drawings and specifications annexed hereto, and signed the artier. Aid whereas the Contractor pias agreed to, execute the said Works on the Property in accordance with the drawings nd specifications annexed to this Contractor Agreemient and signed by thparties. IT IS Y AGREED AS FOLLOWS: For the rrjr'rs ud ratuon hereinafter mentioned.tlorrr;''d, tCYt,". CSrniraa";t+1r x4'iht exr?'.uiva ard t,o1"s1t51gn,po ".ito V'w'Or S irl,. accordance ','."w the ter0"n:", a3 uta >:;�ndl b�,�ns amd r'i�a!wngs, and or the f P Lv ()evner, '«'w ilH tray the C-lontractor the Burn, of $281,596,00 Hereinafter rere red to as the 'Contract uarr;" CONDITIONS� It is agreed East the a'ravvi 9gs can,d specifications mentioned in this Cont" iytor, Agre eirnert a,,..ndn;"r.�9'�xed lneieto are the finer d'-a j��'rrgIS.c`4tnd 'specif;cari..a'IG•s of the Worksrra'.t' forma ar, +rrtegr i{ part of th % Agreement-ent. tt is furthermore re agreed that there smalls be no add,tions or variations to the said ;drawings and/ or spedf c tions without the written consent of the other party fir%r havmg been it,fsr,rained. 2,1 1 he Conr:actot undertakes to obtain the necessary approval tfty11rj the �r.'1Ta�: autnropy~ or other ;t itatrrr"'y riody Cbr,1;1j'*rrrtd torr the Works, as described ed he-em, The t..ontvact o shall hold this: 0,rNmer harrmiless for any vtolttivan,,,, and shall accoardr lys indemnify ,tore C'°v'vner.. 2',2 L fit,o Ovrr"irercarr int that he IS the, registered owner of that Property In the event of tow property not tbeingi r gmter'ed fn tete I`r4'rne of the O rvref, than the Contractor shah be i+"krorr re=d in writing by the ' weer accoiirfingay, n,....a, In the e'v'ent of the t+r a�, Ar,rtrfS. nt.`s Mortgagor or other statutory body of the Ov,rer, at u'fly time or for any reason v,,tl th eH %ell";`re, "utrrdrul(li ,... Or atter' the G.onsti-fr,t;t'aon of '6w'o k , 3'e+quiriog any alteration, rv'=air izifien or +aPT1erVr1t`T7ent to tt'I,.e drtrhtemig,r and a` of staee.tf carticn rf7vcrc ving the tmontr kt tof in addimr-,W expense, then the cost of complying vvith ui,clh ai,tardtiori, variiati n at' arnendment shall be bonne and paid rear by the Ov4ner, y2 ,,:iU + r PAYMENT: I The Contractor shall be,entitled to receive progress payments ass the Works proceed in accordance with the provisions set out hereunder, 3-L The, Contract Sum shavil be, paid inthe following installments: 3.1_1� 10% deposit upon, agreement of this contract. 3.1Z 30% upon commencement of construction. 3-13. 40% after tough inspections, are completed 3.1�4 10% when construction is completed before Fli, at inspection. 11.5 10% Retainage upon completion of all work,. 3.2. 'Where the Contract Sum is to bo paid on the Owners behalf byzifinance company, Sull"ding Society, Bank or other institution, the Owner shall be responsible for signing all necessary documentation to enable the Contractor, to receive payment as, per the schedule, as set,out in 3.1, 11 Any installment not paid on the due date shelf bear interest thereon at a rate, Of 2% greater than the minimum lending irate charged by commercial banks to their clients which interest sihiall accrue as from the due date for payment. In addition, any discounts in term$ Of this COritractbrAgreement.will be forfeited, COMMENCEMENT AND COMPLVT1ON- 4Possession of the Property shall be givento the, Contractor as needed to perform the rocks, who shall complete the Works within 4 weeks, calculated from the date of ap-pr of all Permitting and plans. In the event of the holiday period of the Eluilding Industry falling vvithmthe,,con plotion period, then the comptetion period wilt be extended- Atj _er-ontractormay not commence the Works until - The necessary approval, consent or other authority required under any law 'Onctualing any-statute, ordinance, by-law and/ or regulation) hias been obtained by the E Cbnt� dir i r 41,1L,1 The mortgage bond where applicable has been registeredand other n be a v mao6a have ,epp rd a o e , nd or 4' P*4uilred facilities,such, as elevaAcct y, water and toilet realities are aV6iia,,bl�tonttvO,'Pgiopdrty. free of charge,, -sly sta h r +2. for urposes of this rontr ctorAgregiment, except where expres ted at e vvise dat0-':1"f�,,ddM0 0 h Shall b 't a e'! ,the, at n which the Works is completed and that the 0 j e.o, 0 y Wr , r t,a, ubb lbuilding,debris asgenerated durin uctioray 11 re "and q cons tr 00 majoor unfroeseen -3, Me lettionvifthe Works,is delayed as a result of r -4, . ....... '0� 10, u ing d' ' but not tidied to,any strike, lock Ovt� shortages of materialso riot, irk 7i ly "on actor uca,, ,oxl;ephqn 1 inclement Weather or any va rt ariplse,beyo th ,a or's control,, thew MY 4, Sion 10011, P141111", ho�,qwpor or"y�pi pu no e c6fTtr ct a in Ibt,� reasbi any claim agains, the, 43,�`14'�, "TTh", h such ave t oiic, 00 :1 hA ise;t q ' 0 'a r at, Page 3 of 9 ........ ,"4..3�I'l," Tlhecorizractor sbaH be entifled to a fair and r,c,,,�asur,,j,,ab4e eater--son Ulllt-�, for the Con,(,,1cqferj Or ths k ork', 4,4 U trip- Conttractor fa4ls to compitete, the 101,1orks within the per.od stipr,ifaled h-i the arte&r,g sub clause or any extended period authorized m writing by the Ovvner, tf-,en the contra(,-It"o"if shaH pay trie Owner as jrquidated and ascertained damages, the penafty amAunt Of SO 0-0 per day fior he period during which the said Wol,ks shaM so remair-, incomplete ario the 1l,,,Nner may deduct s.,Jch darnages frolm; ariy mnriie--s due !o the Contractor DEFECTS LIABILITY: S,,Abjecr. to the prrovisions, of the fol koro peiiragraph, the uMedertakes that any patent defect or other faults orhirt, rnay arpvatF vvitrnr 1,2 mfr. completion of lfri `No r ks, d u( to ma t,e r ia-f s o r, vw lrkman,sifltp r,"ot wl nrlfli thr,i cont�a,ct, shaill vvilt''hin, a vi-,al�sonabfe tinne aRw feceq,�,t, ,,.,,J "he rOvyner's VU611,Le,$l P0'r-�APLj:tQTll rhade i,,),-,40d by the C 0 1-t r a cloc u and, unle-�5 oflireMi se nlull"I'lly jqpec.,lll ")f hv, ovol C6,4. vj0,ov[,Jle,(l "'hat the C T-rr ac,c,Y Y':;h a,1I n ut U,,e q iA i i e d t(,,s n k,e ij o ?,L P i 0 s ov,in cc,,rfir a P-1 y al a,Tt a g e a ft e r co m D a t 4 o.n ess it, i-,, aoreed that aan',iage- is dure to inpirir, "llich proc.e before crxrnpetfon 5,1 The Contr,'wicr shall only be. in, �errr-,,-, baragraph for I , or Crthe -1 damage,,-, sr,-,tainec by the Owrier Under cond�tioLns of noirnat use alrid serv;ce, arr,,ti s,�aV ;Jjir`,aor no cmcurn5tances be respri,-?,sibfe fior danlage or, r 5 caused by vvear ar-ni tPaF, fT3!58._5t`, neglect, negiigence, abU'e 0?, accident or in (,,spect cf or arisrng frOlnr' any rl, agairist (n; terms of hOT1,2 owner's mstjrance pcoflicieir normialho 5ssued by a reputabie �nstv,anr-e compiny m, resCi,,ect of plroberti(�s and the Contractor hja!l urder no cirCurTl,,,Z,,,.-m,re5 be ~iable to!- any cr)nsequcln�tial loss or damiaige. 5 1-1, The Contractor shati, however, riot be fiable under any crir-ctnnstances w1natevei for 8i)y faults, W stereos Caused by su!)-surface waw r'„ semement occurri,no in the g,,-oulld b, normal shirinking Or geoloqpca3 disturl),allCt's, OWNERSHIP OF MATIERIALS-. 6 4ny unfixeii miaterral, r,,�qurrcd for the lcow,ks and defiveri,-j lc,) Tht? Propervo, mrrler r, )A Cc,n! iraictr,,T t Aveemnent shall remam the of the Conu,ar. ,, l wli -,, fl Oriev have, ber�ef,,,,aoa 'j fry" ty the 0,omer ITt teirrns- of cfause 3 anti any i.iinfixed surplu, materri�s rerr�air--, fhe pr000r,fy r tea. Contractor, INSURANCE. 71 The Contractor shafl insure against Public Liabibly on or about the Wo'ks froni the, date of c-cnnnnencement uintd the Works have been Completed- The r--ontrac,oexpvessfy guar,,UlteeS that Workman"g, ConripenS,t,)tEou is paid up and ciclrnplk�,Arl Own I'he Contractor m7stire aqarnst af! iisks lo 100Nof the m5tiranfe valLIP of tf')H- Vt0,'k'5 INTERFERENCE: 8 Pie -�vmev shalli riot have the right- either P-I-Sonajuy Qr, through rhs, agent, to issue i n ru c t 0 r i s do oar" i n t e rfe i,e, rij i n d e,i, a i, o b 6'[r rjl a n y al f the C orio t-a c,o r's w'ji k rn e n. any s i,,i ti, f,ril t x actol's crirvloysd On the Woks oir othef rjer'sons eniployed by or aCting of, bptmI(of to tor, 0,ige 4 t,a9 t Shouid Contrlctor incuji' , by expenise or w,;s, beyond that provided, fni wl, 0, Contemplated by this Contractor Agieement due to the actions on the Part of Gwn,er as desiznbed w 0ause 4,4, or OSe 8, then th:e VdILke of ucf'l exper-irse or, !th be a5,sessed oetweell'i the Owner and the Contractor ant. sucli agreed value shah be paid TO C-Or*'acror on; completion of the Works OWNERS DEFAULT If the Ovvnei- does not oa," the Contractor as piovdvld for, in O&use 3 or is in ctefai,M in ter a* " tne'r rna;nirlelr, the Contractor si'had be enurtheAd In, to ,rt�wditne w r ceas a ior his , k ,n)d t' as r#-,ev-,"uiem unlit the Oviner Mas made p,ayment of unN such defauft has- been recofied, and ai, oiarrantes from the contractor vvfll N:? voidod, 1 The time durinq whi,,ch such Viorks, shlH cease shalt operate as aF exu rision of the time for compet ion of the Works lit.2, Str4! the derauit referred to n Clau� ,,e 9 coniwue tor a 1per'�od exceeding 14 days, the Corit'actor shail be entitlecl to give tie 0,viner t" days, lrnntiren nio'ice, by reg�sterel mai'' of his mter-itions to teirninate 'the Contractor Agreement- In addiihon Is suspending work- in, terins of tr'ns CPause, the Contractor Dray_ afteA, 3, 1 giving 7 days o,f sten nouce, deter mine, the AgreerneM,, if o Coiner's estar t$ wv,sonary sequestrated or prov sionaWy wound up as riirlisorvelnt, or shouW the Owner commit a breach of any of the tern-is of this 'Contracrot Agreement, afl of which terrins sfiaH be rnaterial, without pre)iilhce any other r-oghts which the Contractor may have in termis of this AgreewEe, lit or °n 1,avf C'4 4 Sho�,Jo rhIS Contractor Agi'eernent be by the nc.,Fauit of then the Contractor shall be pap c 4qlid 'dated and: _;c rtaineci pre-esumate of d&"rriagies Iv the surr, of i ni aadition, to -the Contract Sum pmvidecl 0 a rrre above prcivions sha)l iri no v,iay prec ,'Ade any other right or- romedy that the Contractor may nave Pr, wavv, 9.5 If work is canceled orpost poi,id, by the owner, chant, and/or custc-c-li-ner. rwviorrrc,rw, rep restmratfive, Association, FinincHM in�,',Tttiritmn, there may be adi:vtiona� fee,, acct-uea Any cancellation, of thr project, or, del�ay Irt'liposecl by thte, clustoylne-, may resuft in addsuc, ria "c'harge's at our oulsfale ot contract hourly rate, 9, (,5, A Cer!&cate s,g by the Contractor's Auditor spel-ifying the arnoijnr dt,w, by the Qwrler to thea C'oritractor shaH be sutflr ient proof of any annOUnt due to the- Contracior it) of this Agreerr"ent and rnay be usobl by the Contiactoli- fcr the of cN41, Jj 1 g ,udgn"ierit itihether by diefaOt or onwriowm-2, suo-rinary judgment or provisional senteriCe ariA or Low having liurls6ctjor, n reqpect ,jainst the Ovvner in any Cow, CONTRACTOR'S DEFAULT: ltt. If tho CorraracItor shal ii-rake defauit in any of tdtu f(,,,Mc,,vvLng rpspectr, cause vd-oN,v sr-,Spend hefirtire compictmori, or Petust's to proceed -witl-a the Vliork, io,,Ch reiSOMiWe diloge,,�,,nce, c,yY awe ""1, 9 all, Mil IN liffill 11 RIGH-t T�, CANCEL: 17. Either party,Shall have the right to. cancel this,,Contractor Agreement within 3 (t r ) days Of signing,, it without incurring any penalties whatsoe=ver. Can �l ,i t ori writing and!delivered ttittle statim address of the other - RE AGREEMENT: 18,1, This agreement andpit attacheoconstiture the sole and entire contractor, agreement between the parties with regard to the subjectmatter hereof and the parties wive the right to rely on any alleged express provision not contained herein. 18.2. r ment varying, adding to, deleting from or t fing this agreement and no waiver,of any, right under this agreement shall be effective unless it is' 1 , .L to writing- 1&2,2n Agreed t -bothparties, 18.2-3. Signed by both parties. 18,1 relaxation of anyof Its rights In terms of this agreement at any time shall pcejudice,ofibe a waiver of its rights (unless it is a written waiver) and it shall b entitled to exercise its rights hereafter as i!t such relaxationhad nit taken place, 18A Noparty'may cede any of its rights or delegate or assign any of its obligations i terms of this contractor agreement without the prior written consent the other parties,' t q a °he, undersigned will be consideredthe guarantor personalty and as an officer or! representative of the corporation. Signedat ) o � this L , of 1,71 Fµ SIGNATURE of Givaimnitar: ,Owner's Full Mv � tIL SIGNATIURE �r . „ _(G l d' Griatilp, . Por µ, S - SS Of_ t ... AA Advance Air, Inc. � - 1920 N.W. 32nd Street p.. - _ Pompano Beach, FL. 33064 ...... 954-971-5801 Phone ..... ._......__ __ _u... 954-935-5553 Fax INC,AA -ADVANCE AIR, CAC 009109 May 14, 2018 HVAC PROPOSAL for GRANDMA'S TREASURES Ms. Nadine Haseidl, We are pleased to submit this budget proposal for furnishing and installing a complete HVAC system per the following scope of work. This proposal is based on the plans, specifications dated 1/21/17 by RGD Consulting Engineers Inc. INCLUDES: 1. Install owner provided Daiken VRF air handlers. Includes the installation of AHU 1.1A, AHU 1.113, AHU 1.2A. AHU 1.213, AHU 1.3 and OAAH U-1. 2. Set and header the [4] outdoor units (provided by others) on roof stands. The aluminum roof stands to be furnished and provided with this scope. They will include NOA rating. Price assumes that the multi- branch piping kits featured in the submittals will be provided with the equipment 3. Furnish and install all refrigerant line sets, roof supports and pipe insulation as specified. Pipes will be supported as required by code and include pipe saddles. All refrigerant circuits will be tested, evacuated and charged with refrigerant. 4. Low voltage control wiring 5. Ductwork a. Furnish and install R.6 foil faced Johns Mansville Micro Aire fiberglass ductboard systems for concealed duct systems. (AHU 1.1A, AHU 1.1 B, AHU 1.2A., AHU 1.213, AHU 1.3) b. Galvanized steel with R.6 exterior wrap insulation for the 100% outside air and relief air duct systems c. Bare galvanized steel for the exhaust duct systems 6. [4] Ceiling mounted exhaust fans and [3] wall caps as specified 7. [1] Relief vent 8. [1] Air curtain as specified 9. [1] Fire damper 10. [16] Cable operated dampers for diffusers and grilles above drywall ceiling 11. Provide [2] architectural access panels for AHU 1.1A& AHU 1.113. Installation by others. 12. Grilles, registers and diffusers as specified 13. Crane for setting equipment 14. Daily clean up 15. Independent test and balance report 16. One year warranty on HVAC installation EXCLUDES: 1. Permit fee 2. All line voltage wiring 3. Condensate drain piping or associated insulation 4. Structural steel supports below the roof deck for roof mounted equipment 5. Demolition of existing HVAC equipment or ductwork 6. All work associated with the kitchen hoods, makeup fans or associated exhaust fans � � ... AA Advance Air, Inc. 1920 N.W. 32nd Street p.. - _ Pompano Beach, FL. 33064 ...... 954-971-5801 Phone ..... ._......__ __ _u... 954-935-5553 Fax INC,AA -ADVANCE AIR, CAC 009109 Total amount for this base scope including tax on material is $72,300.00 Voluntary value engineering Use an acoustic lay in style ceiling in lieu of a drywall ceiling which will eliminate the cable operated dampers, plaster frames and architectural access panels in the dining area. Deduct $3,875.00 We sincerely appreciate the opportunity to offer our services. Please advise if you have any questions concerning this proposal. Sincerely Phil Desharnais We reserve the right to withdraw this proposal after thirty(30)days.All proposals accepted after thirty(30)days will be subject to a price adjustment based on current market trends. It may become necessary to take delivery of materials within 90 days of approval in order to guarantee our vendor quoted prices. Materials may include but are not limited to copper refrigerant tubing, split and package systems, cooling towers,water and heat pumps, PVC and steel pipes. It will be the owner's responsibility to provide an onsite secure location for purchased materials. The cost of received materials will be included in the normal billing cycle This proposal does not include any LEED provisions or cost considerations unless specifically listed above. Projects that are to be considered for LEED certification must be disclosed at the time of issuance of bid documents including the scorecard on intended points. LEED commissioning is assumed to be performed exclusively by an independent third party Daikin Applied South Florida 12A 15712 SW 41s'St, Suite 6#KIN Davie, FL. 33331 4" Off: (954)862.8500 Fax: (954)486-9735 Bid Proposal Prepared For: All Interested Bidders Proposal No.: 0705-TJ7 Revll Date: January 17, 2018 Job Name: Grandma's Treasure Prepare by: THJ Sales Contact: Tedd Jagusztyn (Cell: 954-295-8730) Terms: F.O.B Factory, Freight Allowed and Prepaid to first US destination, No Retention, No Taxes Included. We are pleased to provide the following documentation &equipment pricing for the above referenced project in accordance with the standard terms and condition of sale attached to this document. SCOPE OF EQUIPMENT: 1 Daikin VRV System, (2) CU Modules & (5) Fan Coil Units: VRV-CU-1 • (1)24 Ton Daikin VRV IV CU (Two Modules), 208/230-3-60—Connection Kit Included AHU-1-1A • (2)8 Ton Ceiling Mounted Fan Coil Units, 208/230-1-60 AHU-1-113 • (3)3 Ton Ceiling Mounted Fan Coil Units, 208/230-1-60 AHU-1-2A • All Required Refrigerant Piping Refnet—Y-Joints AHU-1-213 • (5) Navigation Controllers—Space Thermostats AHU-1-3 • Factory Startup (Durning Normal Business Hours) 1 Daikin VRV DOAS 100% OA SPLIT, 2650 CFM, 208/230-3-60: OACU-1 • (1)20 Ton Daikin VRV IV CU (Two Modules), 208/230-3-60—Connection Kit Included OAAHU-1 • (1) Roof Mounted AHU, 208/230-3-60 • All Required Controls &Sensors For Discharge Air Temp Control • Double Wall Construction • Modulating Hot Gas Reheat • 24"Tall Roof Curb w/Wind Load Ratings • Fan Coil Unit Evaporator& Reheat Coil Coating Protection • Factory Startup (Durning Normal Business Hours) NOTES: • Any equipment or accessories not listed above are NOT included • Start-up assist is included for VRV system • Refrigeration Specialties Including Ball Valves are Provided and Installed By Others • 10 years parts and compressor warranty included on VRV equipment • 1 year parts only warranty on OAAHU-1 • Est. Freight is included in quotation • Taxes are NOT included PRICING INFORMATION: Priced in accordance to Daikin Applied's standard terms&conditions. Any standard or extended warranties are only applicable for domestic US installation Total Price Excluding Sales Tax:...................................................... $61,980 Add For Condenser Coil Coating (QTY-4) Excluding Sales Tax:..................... $4,800 Due to the unpredictable fluctuations in steel pricing,our quotation will be valid for 30 days from the date of the quote. We must receive Daikin Applied S. Florida Equipment Sales Page 1 of 3 written purchase order within 30 days from the date of the quote and release for immediate fabrication within 60 days from date of purchase order. If these conditions are not met,we reserve the right to evaluate the pricing at the time of the order. Thank you for your consideration of Daikin Applied equipment for this project. Your interest in Daikin Applied equipment and services is greatly appreciated. If you have any questions, or if I can be of further service, please do not hesitate to contact us at(954) 862-8500 Sincerely, Company: Daikin Applied Accepted By: Title: Date: Daikin Applied S. Florida Equipment Sales Page 2 of 3 DAIKIN APPLIED AMERICAS INC. Terms&Conditions of Sale(North America) 1.Terms of Agreement:The term"Company"as used herein shall mean No liability shall attach to Company until Company has been paid in full for Daikin Applied Americas Inc.dba Daikin Applied.Company offers to sell the all products purchased hereunder.No person(including any agent,sales materials,equipment or services indicated,including but not limited to those representative,dealer or distributor)has the authority to expand Company's products sold under the brand name Daikin only under the terms and obligation beyond the terms of this express warranty,or to state that the conditions stated herein.Submittal of any further purchase documents by performance of any product is other than is published by Company.Company Buyer,or execution of this offer by Buyer,or allowing Company to must receive a startup Registration Form for products containing motor commence work,shall be deemed an acceptance of this offer.Any additional compressors and/or furnaces within ten(10)days of original product startup, or differing terms and conditions contained on any documents prepared or or the startup date and ship date will be deemed the same for warranty period submitted by Buyer(whether or not such terms materially alter this offer)are determination,and the warranty shall expire twelve(12)months from that hereby rejected by Company and shall not become part of the contract date. between Buyer and Company unless expressly consented to in writing by 11.Warranty Exclusions:Company's warranty set forth in section 10 does Company. not apply to any products or parts which(a)have been opened,disassembled, 2.Price Policy:All prices are subject to increase upon notice,due to such repaired,or altered by anyone other than Company or its authorized service events as announced increases in the Company's list prices,or increases in representative;or(b)have been subjected to misuse,negligence,accidents, labor or material costs. damage,or abnormal use or service;or(c)have been operated,installed,or 3.Terms of Payment:Terms of payment are subject at all times to prior startup has been provided in a manner contrary to Company's printed approval of the Company's credit department.Terms of payment are net 30 instructions,or(d)were manufactured or furnished by others and which are days from date of invoice,unless otherwise agreed to in writing by Company. not an integral part of a product manufactured by Company;(e)have been If at any time the financial condition of Buyer or any other circumstance exposed to contaminates,or corrosive agents,chemicals,or minerals,from the affecting the credit decision does not,in Company's opinion,justify water supply source,or(f)have not been fully paid for by Owner. continuance of production of products or shipment of products on the terms of Refrigerants,fluids,oils and expendable items such as filters are not covered payment specified,Company may require full or partial payment in advance, by Company's warranty.For additional consideration Company will provide or may at its sole discretion stop or delay production or shipment of products. an extended warranty(ies)on certain products or parts thereof.The terms of In the event of default in payment,Buyer agrees to pay all costs of collection any extended warranty(ies)are shown on the product limited warranty incurred by Company,including but not limited to,collection agency fees, certificate or on a separate extended warranty statement. attorneys'fees,legal expenses and court costs.All past due amounts shall bear 12.Limitation on Liability;Indemnity:Company's liability with respect to interest at the highest rate allowed by law. the products sold hereunder shall be limited to the warranty provided in 4.Shipping Terms:All shipments will be made F.O.B.factory or warehouse section 10 hereof,and shall not exceed the lesser of(a)the cost of repairing or with freight prepaid and allowed as quoted via a low cost common carrier,and replacing defective products,or(b)the original purchase price of the products. charges for special carrier services requested by Buyer shall be paid by Buyer. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL COMPANY Company may ship the goods in one or more lots;such lots may be separately BE LIABLE FOR INCIDENTAL,INDIRECT,SPECIAL,CONTINGENT invoiced and shall be paid for when due per invoice,without regard to OR CONSEQUENTIAL DAMAGES,WHETHER THE THEORY BE subsequent deliveries.Delay in delivery of any lot shall not relieve Buyer of BREACH OF THIS OR ANY OTHER WARRANTY,NEGLIGENCE OR its obligation to accept remaining deliveries. STRICT LIABILITY IN TORT. 5.Claims:Responsibility of Company for all shipments ceases upon delivery 13.Infringement:Company will,at its own expense,defend any suits that of the goods to the carrier;and regardless of shipping terms or freight may be instituted by anyone against Buyer for alleged infringement of any payment,Buyer shall bear all risk of loss or damage in transit.Any claims for valid United States patent,trademark or copyright in existence on the date of damage or shortage in transit must be filed by Buyer against the carrier,and this contract relating to any products sold hereunder that are manufactured by not Company.Claims for factory shortages will not be considered unless Company,provided Buyer(i)shall have made all payments then due made in writing to Company within ten(10)days after receipt of the goods hereunder,(ii)shall give Company immediate notice in writing of any such and accompanied by reference to Company's bill of lading and factory order suit and transmit to Company immediately upon receipt all processes and numbers. papers served upon Buyer,and(iii)shall permit Company,either in the name 6.Taxes:The amount of any present or future taxes applicable to the product of Buyer or the name of Company,to defend the same and give Company all shall be added to the price contained herein and paid by Buyer in the same needed information,assistance and authority to enable it to do so.If such manner and with the same effects as if originally added thereto. products are in such suit held in and of themselves to infringe any such patent, 7.Cancellations:Accepted orders are not subject to cancellation without trademark or copyright,Company will pay any final award of damages in Company being(a)reimbursed for any and all expenses(including overhead), such suit to the extent attributable to such infringement.Notwithstanding the (b)paid a reasonable profit,and(c)indemnified by Buyer against any and all foregoing,Company shall not be responsible for any settlement made without loss. its written consent,or for infringements of combination or process patents 8.Shipment Dates:Shipment dates are only estimates.No contract has been covering the use of the products in combination with other goods not made to ship in a specified time,unless set forth in a separate writing signed furnished and manufactured by Company. by an officer of Company.Company shall not be liable for any damage as a 14.Disputes and Choice of Law:This contract and these Terms and result of any delay or failure to deliver due to disapproval of Company Credit Conditions of Sale shall constitute the entire agreement between Company Department or due to any cause beyond Company's reasonable control, and Buyer and shall be governed by and construed according to the laws of including without limitation,any act of God,act of Buyer,governmental act, the State of Minnesota.All claims,disputes,and controversies arising out of accident,labor unrest,delay in transportation,or inability to obtain necessary or relating to this contract,or the breach thereof,shall,in lieu of court action, labor,materials or manufacturing facilities. be submitted to arbitration in accordance with the Commercial Arbitration 9.Returns:Goods may not be returned unless Buyer obtains the advance Rules of the American Arbitration Association("AAA"),and any judgment written permission of an authorized Company official,and when so returned upon the award rendered by the arbitrator(s)may be entered in any court will be subject to handling and transportation charges.Authorized returned having jurisdiction thereof.The site of the arbitration shall be Minneapolis, goods must be shipped prepaid to the location designated by the authorization. Minnesota,unless another site is mutually agreed between the parties.The 10.Limited Warranty:Subject to sections 11 and 12 herein,Company parties agree that any parry to the arbitration shall be entitled to discovery of warrants that it will,at its option,repair or replace defective parts in the the other party as provided by the Federal Rules of Civil Procedure;provided, event any product manufactured by Company,sold hereunder and used in the however,that any such discovery shall be completed within four(4)months United States or Canada,proves defective in material or workmanship within from the date the Demand for Arbitration is filed with the AAA. twelve(12)months from initial start-up,or eighteen(18)months from date of 15. Canada: The parties hereto confirm that it is their wish that this shipment,whichever period expires sooner.Replaced parts are warranted for contract be drawn up in the English language only; les parties aux the duration of the original warranty period.THIS WARRANTY presentes confirment leur volonte que ce contrat soit redige en langue CONSTITUTES BUYER'S SOLE REMEDY.IT IS GIVEN IN LIEU OF anglaise seulement. ALL OTHER WARRANTIES.THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Daikin Applied S. Florida Equipment Sales Page 3 of 3 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 OLD BUSINESS AGENDAITEM: 13.A. SUBJECT: Consideration of the Rental Agreement with the Boynton Woman's Club for FY 2018/19 Meeting Dates at the Historic Woman's Club of Boynton Beach SUMMARY: On November 14, 2017, the CRA Board waived the rental fee for the Boynton Woman's Club's regular meetings and for one complimentary Gala event in FY 2017-18. Additional service fees would be charged if events were held after CRA business hours or require additional service fees such as set-up/breakdown, staffing, security, or cleaning. These fees were to be assessed by the CRA for larger events (over 60 people), events with a higher-impact or risk, and/or events with alcohol service. (Attachment I - November 14, 2017 Minutes). The Boynton Woman's Club is requesting the same consideration for their events scheduled for FY 2018-19. The Boynton Woman's Club maintains that their regular meetings will not exceed 60 people, are held between 8:30 A.M. and 5:30 P.M., and will not have alcohol service. I nstead of a Gala event, they will be hosting a Habitat Dinner for Working Students on March 28, 2019 from 4:00 P.M. to 7:30 P.M. At this time, CRA Staff has not reserved March 28, 2019 on the calendar. CRA Staff would like to bring the rental agreement for this specific event back to the CRA Board for consideration at a future date when there are more details regarding the event. The draft Rental Agreement with the Boynton Woman's Club for the HWCBB is the same agreement previously approved by the CRA Board (January 18, 2018 Minutes - Attachment 11) and legal counsel. The Rental Agreement reflects the new meeting and luncheon dates for the Boynton Woman's Club for FY 2018-19 and is attached for Board consideration (see Attachment 111). FISCAL IMPACT: N/A CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan: Historic Properties and Federal Highway District and 2010 Downtown Vision and Master Plan CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve the Boynton Woman's Club Rental Agreement for the Historic Woman's Club of Boynton Beach as presetnted. 2. Do not approve the Boynton Woman's Club Rental Agreement for the Historic Woman's Club of Boynton Beach as presented. 3. Approval of alternative terms, conditions, or modifications to the Boynton Woman's Club Rental Agreement for the Historic Woman's Club of Boynton Beach. ATTACHMENTS: Description D Attachment I - November 14, 2017 Minutes D Attachment II -January 18, 2018 Minutes D Attachment III - Rental Agreement Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 being evaluated. The disposal or selling or giving the property may not be required. He suggested the Board address the buffering requirements as opposed to the disposing of the property to the benefit of another property that would not be included in the CRA's affordable housing effort. Board direction is helpful so when they write the RFP, they can hone in on what the Board would like to see. Motion Board Member McCray thought there was too much occurring and wanted to table the matter until Board Member Casello was present. He noted they already have large projects the Board was subsidizing and the Board cannot keep going to the well. Chair Grant noted there are currently Land Development Regulation's (LDRs) in place and staff could conduct an analysis based on the LDRs what is outside of the building's area so there should not be a worry if they need a variance to build more than 10 to 15 feet closer to the current structure on the property line. Chair Grant spoke to Mr. Simon and Ms. Shutt about the vacant property owned by the Palm Beach County Housing Authority. He asked if the Board was interested in sending them a letter of intent as the property next to the Carolyn Sims Center could be included in the Cottage District. He wanted to include their land in the RFP and work together for affordable homes. The Housing Authority has access to HUD funds and others to make the project affordable. Board Member McCray liked the concept of expansion, but advised he does not want another project in Cherry Hill. He wanted only single-family homes constructed on property owned by the Palm Beach County Housing Authority. Board Member Romelus thought there was no need to rush the process and let the market dictate interest. She also favored moving on the Housing Authority property. Vice Chair Katz was in favor of approaching the Palm Beach County Housing Authority, but did not know if bundling random properties that are not part of this particular potential project was the best way to approach the matter. He supported obtaining all of their property because the Housing Authority was not doing anything with the land. Board Member Romelus seconded the motion to table the item. The motion unanimously passed. There was consensus to table the item for six months. G. Consideration of Naming Options, Rental Rates, and Schedule for Critical Repairs for the CRA-Owned Property Located at 1010 S. Federal Highway, formerly known as the Boynton Woman's Club Chair Grant explained the Board received three name options: The Major Nathan S. Boynton Center Building; The Historic Woman's Club of Boynton Beach; and The Addison of Boynton Beach. 16 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Board Member McCray did not favor the first option as it sounds like a museum and he noted there are other Addison buildings. He liked The Historic Woman's Club of Boynton Beach. Chair Grant agreed as did Vice Chair Katz and Board Member Romelus. Chair Grant opened the item to comment. Pat Waldron, Boynton Woman's Club member, and Michele Walter, 11242 Quail Covey Road, President of the Boynton Woman's Club, thought the members would agree to the Historic Women's Club of Boynton Beach. She noted the building is on the Local Register and the Historic National Register and queried if the building was renamed, if staff would contact the Register and update its name. Ms. Shutt agreed to check. She asked if they could leave the name alone and locally call it the Boynton Woman's Club. Mr. Simon thought there would be no issue. They thanked the CRA as the sale went well and they appreciated all of staff's work. Ms. Walter asked if they could keep the name as is until they get information on what to do to keep it on the National Register. Chair Grant explained there needed to be a distinction and staff was seeking to avoid confusion between the organization and the CRA. Staff will bring back information. Ms. Shutt advised staff researched other facilities with similar uses and venues and provided the information in the meeting backup. In reference to the rental rates, staff had proposed rates with discounts for local residents and entities, and separate rates for the non-local entities. They have rates for weekend and non-weekend rentals and for the first floor, second floor or the entire building. The CRA would need to charge set up and clean up fees and typical ancillary charges. Staff also wants to bring back policies and procedures and are determining the appropriate amount of insurance renters would need to purchase for their event. Vice Chair Katz and Board Member McCray supported the request as presented. Chair Grant asked if the Boynton Woman's Club would have to pay the rental fee and learned if the organization is located in the district, they get the discounted rates for special events. Chair Grant wanted to look at alternative structures. Board Member McCray agreed. Chair Grant requested Mr. Simon come back to speak with the President of the Woman's Club what they would like to see for the future of the building. Chair Grant wanted the Woman's Club to continue to use the building for their meetings free of charge. They meet twice a month on Thursdays and will forward their schedule. They do not require any extra setup, and they clean up after their meetings. If there is a special event that requires setup, the Woman's Club would pay the fee and all will be formalized in an agreement. It was noted no gala was planned for 201712018, only the regular meetings. Chair Grant commented if the Woman's Club does decide to have one, there would be one complimentary rental and just pay the set-up fee. Ms. Waldron commented if they have a gala, they would partner with the City and CRA because the funds would go towards a special project for the building. The Woman's Club wanted to stay involved and assist with items the building may need. 17 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Barbara Ready, 329 SW 13th Avenue, apprised the Board she is a member of the Board of Directors for the Boynton Beach Historical Society and they do not hold meetings every month. The Historical Society has used the Club for some of their meetings and their annual pot-luck dinner every May. She wanted to plant a seed as they are a non-profit and have made donations to the Women's Club and used the facility. She hoped they would receive some consideration regarding the pricing. Chair Grant noted organizations which have the words Boynton Beach or Boynton's name in it seemed to have been using the building for a long time. Kay Baker, 3303 Hayden Court, was present on behalf of the Boynton Beach Garden Club. At the invitation of the Woman's Club, the Garden Club has held meetings in the building for many years and in return, handled maintenance and the gardening around the building. They hoped they too would receive some type of consideration as a non- profit. They raise funds for scholarships and various activities, Accordingly, they do not have money. Chair Grant explained there were contracts not written associated with the Woman's Club and thought the Board would want to honor those informal agreements. They have to have a different government entity or non-profit rate. Vice Chair Katz explained the Board should accept the organizations that have used the facility and draw a line because every non-profit will want the same accommodation. Chair Grant emphasized this was for existing verbal contracts. The Woman's Club could provide a list and move forward with written contracts in the future. Ms. Waldron explained there was an understanding with the Garden Club and Historical Society. The Historical Society meets in the Library. They use the Woman's Club when the Library is closed on holidays. She also pointed out they do not know where the new Library will be placed temporarily in the future. Vice Chair Katz asked if there was anyone else who used the facility for an extended time, but learned they had in their rental rates, a lesser rate for non-profits. Vice Chair Katz recommended staff review the contracts and/or the understandings with the two organizations in relation to the Woman's Club, and grandfather them in so as to not be cost prohibitive. Many Women's Club members belong to the Garden Club and Historical Society. Ms. Shutt agreed to review the local and non-local rates, for residential and civic, and non—profits and for-profit groups. They would investigate special rates for the three existing non-profits that have used the building for years. The Boynton's Woman's Club will meet twice monthly, plus one complimentary gala and any other special events there will be set up and extra costs for clean-up. The Historical Society would hold their monthly meetings as well as considering a reduced rate for their annual pot-luck event in May and the Garden Club would use the building for their regular meetings and continue to meet there. There are different prices for rentals for local and 18 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 non-local organizations. There was no difference in price between local and non-local entities, only for-profit and non-profit entities. Mr. Simon explained the facilities the City owns acknowledges residents with a discount rate or a non-profit, which was what the CRA emulated. The policies were at the Board's discretion. The CRA prices were slightly less. Vice Chair Katz noted the Board was only waiving the rental fee for the complimentary gala and was not picking up the tab for the event. He supported the resident, non-resident rates, but did not support creating a profit or non-profit tier, as non-profits would flood the calendar. Chair Grant agreed as did Board Members McCray and Romelus. Staff will come back with a rental procedure for the three aforementioned entities. Ms. Shutt explained all but the reroofing or roof replacement will be done by the end of the year. The air conditioning will be replaced as would the waterproofing of the elevator pit. The mold remediation should also be finished by the end of the year. The initial estimate exceeded $25,000 and they have to issue an Invitation to Bid. The contract for the successful bidder will return to the Board in February. The improvements will take place between events. Ms. Waldron noted the roof was installed 11 years ago. Ms. Shutt explained roofing experts inspected the roof and indicated it needed work. Staff was getting a second opinion. The underlayment where the building meets the roof needs additional flashing. The elements and workmanship determines how long the roof actually lasts. Board Member Romelus asked if the Garden Club would continue to maintain the gardens at the facility and learned the Garden Club was moving on to community gardens. Mr. Simon clarified the grounds are maintained by a professional landscaping company. The Garden Club is welcome to have special projects. They planted Bouganvillia on the east side of the building and only assisted with the front garden when warranted. If time allows and someone wants, they will see what they could do. Mr. Simon suggested supporting a special project in return for use of the building. H. Project Update 211 E. Ocean Avenue Motion Vice Chair Katz moved to table the item until Board Member Casello was present. Chair Grant explained staff sent the developer a letter in September about the project and they filed paperwork, but the City indicated more work was needed. Mr. Simon reminded them of their obligation to move forward in a timely manner. Staff met with them to discuss issues they were having, sent an email outlining the discussion points and the issues with the City, and then had a meeting November 9t" with the City plan reviewers, and the architectural firm on the project. The building was difficult to convert to a full service 19 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 Motion Vice Chair Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. H. Consideration of the Standard Rental Agreement and Rules and Regulations for the Historic Woman's Club of Boynton Beach (Board Member Romelus left the dais at 8:53 p.m.) Ms. Shutt explained the Board had approved draft rules and regulations, subject to legal review. The rules and regulations is a living document that will allow staff to operate and manage the property and avoid risk as it pertains to alcohol and food service. The document will be an attachment to all rental contracts. The second part of the item was the standard rental agreement so staff can book events without having to return to the Board the venue is booked. Ms. Shutt explained the rental agreement talks about rental rates contained in the rules and regulations. She advised staff would like to bring those rates back to the Board every two years, similar to the Marina contract to evaluate the rental fees and the operation of additional services. Motion Vice Chair Katz moved to approve Item H, and approving and bundling Items I and J. He trusts staff to manage the property. Barbara Ready, 297 13th Avenue, Director of the Boynton Beach Historical Society, thanked the Board for considering the item and the reduction in the rates. The Historical Society budget was already set so they could not afford to rent the venue this year, but she hoped to ask their consideration for the same rate structure next year or the year after. Attorney Rossmell recommended including in the motion that staff can use the standard agreement as it sees fit without coming back to the Board. Motion Vice Chair Katz amended his prior motion to include the recommended language. Board Member McCray seconded the motion as amended that passed 4-0. (Board Member Romelus not present for the vote.) Mr. Simon thanked Ms. Shutt and Attorney Rossmell for their work on the review of this item and the prior item. 20 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 I. Consideration of the Rental Agreement with the Boynton Woman's Club for the Historic Woman's Club of Boynton Beach J. Consideration of the Rental Agreement with the Boynton Beach Garden Club for the Historic Woman's Club of Boynton Beach K. Consideration of the Rental Agreement with the Boynton Beach Historic Society for the Historic Woman's Club of Boynton Beach - removed L. Update Regarding Purchase of 110 NW 6th Avenue Mr. Simon explained the CRA staff went through a tax deed auction for an approved purchase of a vacant parcel adjacent to a City-owned lot at the above address. The tax deed auction is not an easy process in which the CRA had not participated in the past. He advised the Property Appraiser's Office and the Tax Collector's technology simplified the process. The property was appraised at $36,700 and the Board approved a purchase price of no more than 20% above the appraised value which would make the maximum acquisition price $44,040. Yesterday CRA staff participated in the auction at Lewis Longman and Walker's Office and the CRA was the successful bidder. They acquired the property for $9,300. There were a few hundred dollars in administrative fees paid as well. Staff was very pleased. (Board Member Romelus returned at 8:59 p.m.) Mr. Simon noted there are future parcels the CRA is interested in acquiring that were set for auction in April or May. This will be on new business next month for plans for the property. Board Member McCray noted the Andrews House may be available. Chair Grant asked if the CRA was looking into foreclosure properties. Ms. Shutt explained staff wants to take a "first look." She has done this in the past through the Neighborhood Stabilization projects and programs. There are opportunities available to work ahead of time with several banks that are going through the pre-foreclosure process so they would the first look before going to the market. Staff would like to investigate the program further to avoid having to go through the bidding process. The participants are usually big banks such as Bank of America, Fannie Mae, Freddie Mac, Wells Fargo and others who service those mortgages as well. They have to pre-sign purchasing agreements with the banks. M. Project Update 211 E. Ocean Avenue Ms. Shutt explained at the December meeting, the Board had decided that CRA staff would contact the developer and notify them the Board expected revisions would be submitted to the City by December 2111 and if not, the outside date to submit a 21 BIPYNTON B E AC HCRA HISTORIC WOMAN'S CLUB OF BOYNTON BEACH RENTAL AGREEMENT This Rental Agreement("Agreement")is hereby made by and between the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163,Part 1I1, of the Florida Statutes, located at 710 N. Federal Highway, Boynton Beach, Florida 33435 (the "CRA") and Boynton Woman's Club ("Renter") (individually referred to as a "Party" collectively referred to as the "Parties"), for the rental of the Historic Women's Club of Boynton Beach (together with all associated property and grounds,the "Facility.") 1) Renter's Information: (Print all information. All blank spaces must be completed.) Renter's Name Bo Ston Woman's ` lu Club Point of Contact(Name) J H -SAKL-0- Renter's Address U k- 11a; City Bo ton Beach State FL Zip 33425 ! Phone No. s5f- 2-30D Alternate Phone 4 6,110 ` 31 q- ��c�4p Email Address: Mat �� eo/y'1 Purpose/Intended Use for Rental Regular Meetings of Boynton Woman's Club ("Event"). Renter is (check all that apply) Individual Civic Non-profit For Profit 2) Event Details. In this Agreement, each individual meeting of the Boynton Woman's Club is referred to as a "meeting" while the term Event refers to each meeting individually and all meetings collectively. The Event will take place during the following date(s)and time(s). Dates and times: SEE ATTACHED EXHIBIT "A" Approximate Number Attending Event: Over 18 yrs old Under 18 yrs old Describe Event Regular Meetings of Boynton Woman's Club The CRA reserves the right to reschedule any meeting for any reason upon 10 days written notice to Renter. 00416684-1 Pagel of$ List Equipment Needed N/A Will Alcohol be Served'? Yes X No READ THE ALCOHOL POLICY CAREFULLY-THERE ARE NO EXCEPTIONS TO THIS POLICY. If alcohol will be served, please list bonded & licensed caterer/bartender that will service Event. (Required) Phone License# Bond and/or Insurance Policy# Will Food be served? Yes No Will you need the Kitchen? X Yes No Caterer Name Phone License# Bond and/or hisurance Policy# Additional Needs 3) Facility Information and Rates. The CRA will allow Renter to use the facilities selected below for the Event: V'Floor only 2nd Floor only Entire Building The cost for the rental of such facilities shall be btu ("Facility Fee"). A complete list of venue spaces and associated rates is found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as Exhibit A; however,because of Renter's historic relationship with the Facility, these fees are waived. 4) Additional Services and Fee. The CRA will provide the additional services selected below for a total cost of 00.0o ("Service Fee"). Set-up and break down Cleaning pre-Event and post-Event Access hours prior to the Event Access hours after the Event Staff members during the Event A complete breakdown of the costs associated with the Service Fee can be found in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual attached hereto as 009166841 Page 2 of Exhibit AI,Renter may request additional services for specific meeting dates, and will pay the fees associated with such services in accordance with the version of the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual that exists at the time of the request for additional services. 5) Sales Tax. Florida state sales tax will be charged on the rental fee. Renters claiming exemption from sales tax must provide a copy of the Florida Department of Revenue Form DR-14"Consumer's Certificate of Sales Tax Exemption." 6) Rental Fee. The total suns of the Facility Fee in Paragraph 3,the Service Fee in Paragraph 4, and sales tax in Paragraph 5 shall be the"Rental Fee."Rental Fee includes payment for the use of space,use of existing lighting and sound equipment, and the existing arrangement of tables and chairs. Any Payment must be made in cash,by money order,personal check,or by certified bank check made payable to the Boynton Beach CRA. 7) Security Fee. The Renter ____is / X is not required to hire security based on Renter's representations in this Agreement and pursuant to the criteria outlined in the Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual. Security may be hired from the Palm Beach County Sherriff's Office, the City of Boynton Beach Police Department, or other CRA-approved security provider. 8) Care of Facility. Atter each meeting,the Renter is responsible for leaving the Facility in the same condition it was in prior to the meeting. Any costs to the CRA for clean-up or for repair or replacement required because of damage to the Facility caused by any Boynton Woman's Club meeting will be charged to and paid by the Renter. If Renter fails to care for the Facility as required by this paragraph, the CRA may terminate this Agreement. 9) Inspection. A pre-Event and post-Event walkthrough inspection will be conducted by CRA staff with the Renter. The cost of any and all damage to the Facility,including the equipment, and costs incurred as a result of rule violations will be charged to and paid by Renter. Examples of damage and/or rule violations that will result in charges to Renter include but are not limited to: floor stains; stains on walls; broken or missing furniture and/or equipment; defacement of any part of the interior or exterior of the building; damage created by improper use of equipment or non-compliance of facility rules;unauthorized use of the kitchen or other spaces at the Facility; unauthorized extension of Event hours; improper storage of equipment; or failure to properly clean the kitchen and other facilities used for the Event. 10)Parking. The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road(street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is 'limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required ten (10) days prior to the Event. 0091 66, ,_, Page 3 of 11)Copyright. Renter will assume responsibility, including financial responsibility, for all cost, liabilities and claims that arise from the use of patented,trademarked, franchised,or copyright music, materials, devices, processes or dramatic rights used in or incorporated in the Event. The Renter agrees to indemnify and hold harmless the CRA from any claims, damages, or costs, including legal fees for all Legal work including appeals, which might arise from questions of use of any material described above. 12)Alcohol. Renter assumes all liability for serving and consumption of alcohol. State and local laws apply with regard to serving alcohol and alcohol consumption. The Renter is responsible for obtaining any permits or licenses necessary to sell and/or serve alcohol. Permit and license documents shall be submitted to the CRA no Later than sixty (60) days prior to the Event. If alcohol is provided at the Event, liquor liability insurance will be required. The CRA reserves the right to discontinue the service of alcohol at any time during the Event. 13)Cancellation. All cancellations must be reported in writing immediately to the CRA. A meeting may be rescheduled one time if the Renter contacts the CRA in writing at least ninety (90)days prior to the original meeting date and provided a mutually-agreed upon alternate date is available. 14)Emergencies: The CRA reserves the right to cancel or reschedule an Event at any time, with or without prior notice due to emergency or prohibitive circumstances over which it has no control, such as Acts of God, hurricanes, damage to the Facility that renders it unsafe or unusable, or war. If a facility rental must be cancelled due to an emergency, the Renter may reschedule the Event at no additional charge, or will receive for a full refund of the Rental Fee. 15)Compliance with Rules and Regulations. Renter will comply with all rules and regulations in Historic Woman's Club of Boynton Beach Rental Rules and Regulations Manual, a copy of which is attached hereto as Exhibit A. The most current version of the Historic Woman's Club Rules and Regulations Manual as it may exist from time to time is hereby incorporated as if fully set forth herein. Failure to comply with any rale or regulation shall be a material breach of this Agreement and the CRA may, in its sole discretion, elect to terminate this Agreement as the result of such breach. 16) Default. The failure of the Renter to comply with the provisions set forth in this Agreement shall constitute a default and breach of this Agreement. If the Renter fails to cure the default within seven (7) days of notice from the CRA or prior to the Event, whichever is sooner, the CRA may terminate this Agreement. Nothing in this paragraph shall be construed as a limitation on any damages the CRA may incur or is entitled to as a result of Renter's breach or default. 17)Waiver. The CRA shall not be responsible for any property damages or personal injury sustained by the Renter from any cause whatsoever related to the Event or this Agreement, whether such damage or injury occurs before, during, or after the Event. The Renter hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Renter. This waiver,discharge,and release specifically include negligence by the CRA,its agents, 00916684-1 Page 4 of a or its employees,to the fullest extent the law allows. The CRA shall not be liable to Renter for any other damages of any type that Renter may incur as a result of cancellation, default, emergencies, rescheduling or of termination of this Agreement. 18)Indemnification. The Renter shall indemnify, defend, save, and hold harmless the CRA, its agents,and its employees from any liability, claim,demand, suit,loss,cost,expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death and copyright or patent infringement, sustained by any person or entity whomsoever, which damage is incidental to,occurs as a result of, arises out of, or is otherwise related to the Event, or the negligent or wrongful conduct or the faulty equipment(including equipment installation and removal) of the Renter or this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Renter to indemnify the CRA for the CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 19)No Transfer. The Renter shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without express,written,prior permission from the CRA. 20)Insurance. Renter will obtain the following insurance (select all that apply): Insurance requirements may be waived at the discretion of the CRA Executive Director or his/her designee. In such cases, Renter must sign an indemnification and event attendees must sign a Hold Harmless and Waiver of Liability form releasing the CRA from any and all liability to the extent permitted by law. Additional insurance (e.g., insurance associated with serving alcohol) The Renter shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the Event, and include, along with an executed copy of this Agreement, a Certificate of Insurance ("COI") with the liability limit as described above. The Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of the Event or this Agreement. The CRA is to be included as"Additional Insured"with respect to liability arising out of services performed by the Renter by or on behalf of the CRA or acts or omission of the Renter in connection with this Agreement. The Certificate must include the following additional insured language: 001)166J--k1 Palle 5 of Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach,Florida 33435 If the Renter fails to provide evidence of insurance coverage within ten (10) days prior to the scheduled Event, the CRA may cancel the Event and the Renter will forfeit all rights to the refund of any monies paid to the CRA. The CRA reserves the right to ensure and require that the insurance coverages provided by the Renter are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the tenn of the Agreement, the CRA should determine that it is in its best interests to insist on an alternative insurance provider, it may do so and the Renter agree to comply with the CRA's decision. The CRA also reserves the right to review,modify, or amend any required coverages,limits,and endorsements during the life of an agreement and any extensions thereof. The CRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the firms' behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 21)No Discrimination. The Renter shall not discriminate against any person on the basis of race, color,religion,ancestry,national origin,age,sex,marital status,sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 22)No Partnership,Etc. The Renter agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture,or employee relationship. Itis specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the Event. The Renter will exercise its own judgment in matters of safety for itself and attendees of the Event. The Renter attests that it possesses a current personal accident and or personal health insurance policy. 23)Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by the Parties . All prior and contemporaneous agreements,understandings,communications,conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 24)Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e.,via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 25)Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the Parties by virtue of the fact that one party or its attorney dratted all or any part thereof. Any ambiguity found 00916684_1 Page 6 of a to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 26)Governing Law,Jurisdiction,and Venue. The terms and provisions of this Agreement shall be governed by,and construed and enforced in accordance with,the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. 27)Independent Advice. The Parties declare that the terms of this Agreement and all Exhibits have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 28)Severability. If any part of this Agreement shall be declared unlawful or invalid,the remainder of the Agreement will continue to be binding upon the parties so long as the Parties'rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. To that end this Agreement is declared severable. 29)Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion and only as permitted by law,waive any requirement of the Renter contained in this Agreement. 30)Public Records. The Renter also understands that CRA may disclose any document in connection with this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 31)Compliance with Laws. In its performance under this Agreement,the Renter shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 32)Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement. This Agreement will automatically terminate after the May,n3�;�2'pT`8 meeting and any applicable final payment is received by the CRA,whichever is later. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or reschedule any meeting pursuant to this Agreement. 33)Survival. The provisions of this Agreement regarding the content of the Event, copyright, indemnity, waiver, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect.T-1�K(W _ ` 1E . Authorized Representative Printed Name � nature ate Please return the completed agreement to: CRA Executive Director c/o Historic Woman's Club of Boynton Beach 710 N. Federal Highway Boynton Beach, FL 33435 Phone(561) 737-3256 00916684-1 Page 7 of 0 FOR OFFICE USE ONLY Reviewed by: Date: Approved: Notes: 00916684_1 Page 8 of EXHIBIT "A" BOYNTON WOMAN'S CLUB CALENDAR FOR 2018-2019 October 4-Executive Board and Business Meetings-Building open at 9:15 a.m.—Close 12:00 October 18-Monthly Luncheon-Building open at 10:30 a.m.Close 2:00 November 1-Executive Board and Business Meetings --Building open at 9:15 a.m. Close 12:00 December 6-Executive Board and Business Meetings-Building open at 9:15 a.m. Close 12:00 December 13-Past President's Tea-Building open at 11:00 p.m. Close 4:00 January 10-Executive Board and Business Meetings-Building open at 9:15 a.m. Close 12:00 January 24-Arts and Crafts Luncheon-Building open at 9:00 a.m. (Specific table set-up required) Close 2:00 February 7-Executive Board and Business Meetings-Building open at 9:15 a.m. Close 12:00 February 21--Monthly Luncheon-Building open at 10:30 a.m. Close 2:00 March 7-Executive Board and Business Meetings-Building open at 9:15 a.m. Close 12:00 March 21-Monthly Luncheon-Building open at 10:30 a.m. Close 2:00 * March 28-Habitat Dinner for Working Students(Tentative/Building open at 4:00 p.m.Close 7:30 p.m.) April 4-Executive Board and Business Meetings-Building open at 9:15 a.m.Close 12:00 April 11-Scholarship Luncheon-Building open at 9:30(Specific table set-up required)Close 2:00 May 2-Executive Board and Business Meetings-Building open at 9:15 a.m. Close 12:00 *March 28 - will be under a separate agreement for that event only. The Historic o of BoyntonBeach Exhibit Al RULES AND REGULATIONS MANUAL f r Flw s n ! f v { Owned and Operated by the BOYNTON ",, weiNiBEACH ,. CRA 00916719-1 TABLE OF CONTENTS GENERAL ADMINISTRATION..........................................................................3 FACILITY USE POLICIES ...............................................................................3 Reservations.......................................................................................4 General Conditions...............................................................................4 STAFFING/VENDORS ....................................................................................8 CATERINGPOLICY.......................................................................................9 Catering Kitchen Overview....................................................................9 Cleaning/Access/Usage.........................................................................9 Facility Equipment and Furnishings.......................................................10 REGULATION OF ALCOHOL SERVICE POLICY................................................11 Introduction .......................................................................................11 Policy ................................................................................................11 FACILITY RENTAL FEES...............................................................................13 Additional Fees ..................................................................................13 00916719-1 Page 2 of 15 00916719-1 Page 3 of 15 GENERAL ADMINISTRATION The Historic Woman's Club of Boynton Beach (Facility) is available for rent throughout the year from the Boynton Beach Community Redevelopment Agency (CRA). The Facility may be reserved each year for events produced by the CRA. The CRA events are subject to change at the discretion of the CRA. Please check with CRA staff or designee for general availability. A meeting may be required prior to approval to discuss the reservation request. Viewing the Facility is by appointment only. Please contact the CRA at (561) 369-2300 or via email at WomansClub&bbf(.us. CRA Office Hours: Monday-Friday 8:30 A.M. to 5:30 P.M. The CRA Office is closed on weekends and holidays. For purposes of this Rules and Regulations Manual and for any Rental Agreement, the term "Facility" includes the grounds, improvements, and all other property associated with the Facility, FACILITY USE POLICY The CRA welcomes organizations and individuals, hereinafter referred to as "a Renter," to reserve the Facility for public or private meetings and specific events/activities. The purpose of this policy is to provide guidelines specifically for the use of the Facility. This policy establishes the procedures to (1) reserve the use of the Facility; (2) provide for proper care of the Facility; and (3) ensure that the Renter's activities do not conflict with the Facility purposes and activities, state or federal laws, local ordinances, or policies adopted by the CRA. The first priority for reserving the facility will be given to the CRA. Charges and fees will be assessed for use of the Facility and will vary according on the Renter's address (local or non-local), amount of space required, date of the event, related services needed for the event and the organizational type of Renter (non-profit, civic, individual, for-profit). In order to preserve and protect the Facility and its guests, the CRA may, at its discretion, require the Renter to obtain additional security, custodial, or technical services based on the event. Fees for these services will be the responsibility of the Renter. The CRA does not discriminate on the basis of race, sex, color, religious affiliation, age, or national origin. Groups or organizations using the Facility may not deny admission to their activities based upon race, sex, color, religious affiliation, age, or national origin. Approval to use the Facility is not an endorsement by the CRA of the Renter's organization or group. 00916719-1 Page 4 of 15 Reservations 1) Reservations for Facility use shall be effectuated through a written Rental Agreement (the Agreement) only, are subject to availability of requested date, and shall be granted on a first-come, first-served basis. All events will begin and end at times specified in this document and Agreement. The Renter will be responsible to ensure that the event ends on time. Additional fees will be assessed, or deducted from any refundable deposit, for failure to vacate the Facility within the scheduled time. A completed Rental Agreement may be delivered to the CRA or emailed to Woman sClub bbfl,us. 2) Individuals or organizations may rent the Facility for private functions; proof of residency/business location is required to rent the Facility at the "local" rate. 3) The CRA reserves the right to deny rental to any individual or organization which, in the opinion of the CRA, would be detrimental to the care of the Facility, safety of event attendees or reflect negatively on the CRA or Facility but will not deny rental on the basis of race, sex, color, religious affiliation, age, or national origin. 4) No space/date shall be held as a confirmed reservation for an event or placed on the Facility calendar until the Rental Fee Deposit is paid to the CRA. 5) Rental of Facility on holidays observed by the CRA may be subject to staffing availability. 6) Contracts must contain a legal signature of an adult (21 years and older), who shall be considered the Renter if the Renter is not an organization. If the Renter is an organization, the person signing the Agreement must be authorized to do so by that organization. The person signing the contract must be in attendance throughout the entire event. Renter is legally responsible for making sure all procedures are followed. It shall be the responsibility of the Renter to properly care for the Facility and all associated property. Renter is responsible for any and all damage to the Facility caused as a result of the event or his/her/its guests. 7) A Rental Agreement with a Renter may not be transferred or assigned to any other person or group without the approval of the CRA staff or designee. 8) Renter will identify the Facility in use by the full-specified name, i.e. the "Historic Woman's Club of Boynton Beach" on all printed material and advertising. No advertising or publicity of any nature may state or imply that CRA or Facility is responsible for Renter activities during the period of use. General Conditions 00916719-1 Page 5 of 15 1) Renter understands and agrees that CRA does not relinquish the right to control the management of Facility. The CRA retains the right to enforce all necessary laws, rules and regulations during an event. All CRA authorized personnel may enter the part(s) of the building being used and any other unused part(s) of the building at any time, including during any event, without restriction whatsoever. The Facility, including the space that is being used and all parking areas, will be at all times under the control of the CRA. 2) Renter and their guests must at all times conduct their activities with full regard to public safety and shall at all times abide by directives of the CRA staff, their representative(s), or any other duly authorized governmental official responsible for public safety. Failure to do so will result in immediate cancellation of the event and ejection from the Facility. 3) Renters and their guests shall not enter any area of the Facility not covered by the Rental Agreement. 4) The CRA reserves the right to withhold all or a portion of the Facility Damage Deposit and/or close an event if it determines that the Renter has misrepresented information on the Rental Agreement or related documents. Examples of such misrepresentations include, but are not limited to: failure to disclose the true nature of the event; exceeding the reported number of guests; and failure to report the sale or service of alcohol. 5) Access to the Facility is only allowed on the day of the event unless otherwise specified in the Rental Agreement. No access is permitted to the Facility prior to or after an event without advance permission of the appropriate CRA staff member or designee. 6) Music at the function/event must cease at 11:30 pm. The club building must be quietly vacated by 12:00 A.M. (midnight) due to proximity of a residential area. 7) The CRA assumes no responsibility for the property of any Renter or event attendee while it is located at the Facility, and is not responsible for holding or returning any property left at the Facility. CRA does not provide storage. Please make arrangements to remove all items and decorations at the conclusion of each event. CRA staff or contractor will dispose of any items left from events and a service charge may be applied for such removal and may be deducted from any refundable deposit. 8) All exit doors must remain operable and no part of any hallway, corridor or exit within or outside of the Facility may be used in a way that obstructs its use as an exit. No doors may be propped open at any time. 9) If the Renter or an attendee of Renter's event sets off the fire alarm purposefully 00916719-1 Page 6 of 15 when it is not necessary to do so or as a result of any unapproved activity, the Renter will be responsible for any costs or fines which result. 10) All tobacco products and electronic cigarettes (including vape pens) are prohibited on CRA property, including the Facility. 11) Firearms and weapons are not permitted at the Facility. 12) Gambling activity is prohibited in the Facility. 13) Political distribution of candidate or other political literature is prohibited unless the activity is part of a fundraising event held at the Facility subject to a Rental Agreement. 14) Hanging items: The use of bolts, staples, screws, nails, hooks, tacks, tape or similar fasteners or attachment to hang banners, posters, etc. on any wall, floor, ceiling, windows or doors is strictly prohibited. Renter may not hang anything from the fans or ceiling/rafters at any time. There are hooks and rods in the ceilings of the ballroom and the dining room specifically for this. Anything that needs to be removed from any walls will be done by the CRA. Nothing shall be attached or affixed in any way to the murals on the stage or in the dining room. 15) The use of confetti, bubbles, and the like are strongly discouraged and may cause the Renter to incur additional cleaning charges. Birdseed, rice, glitter, colored powders, silly string, fireworks (including sparklers), open flame candles (battery operated candles are permitted), or grills are not allowed. 16) Only Sterno-style heating elements used by an approved caterer are allowed to heat or keep food warm outside of the kitchen. 17) Live plants are subject to approval by CRA staff or designee. Silk and fresh cut flower arrangements are allowed. Plant saucers or waterproof wrapping must be provided by Renter on any plant, palms, or trees brought into the Facility by Renter and/or Renter's Caterer or attendees of the event. 18) No animals or pets (other than service animals) will be permitted inside the Facility unless pre-approved by the CRA staff or designee. 19) The CRA includes the use of tables and chairs in the rental price. Tables and chairs already in the room are to be arranged by the Renter. The rental fee does not cover the breakdown and storage of tables and chairs. No furniture will be moved from one floor to another by Renter. If this is needed, a floor plan will be requested and applicable set up/break-down fee will be charged. The Library table is not to be moved at all. Renter, Renter's caterer or other contractor, and/or attendees to Renter's event shall not remove tables, chairs or other equipment 00916719-1 Page 7 of 15 from the Facility. No tables and/or chairs are available for loan for off-site functions. 20) All other items to facilitate the event must be provided by Renter. 21) Standing on tables, chairs, and all Facility furniture is strictly prohibited. 22) For large events, Renters will be allowed extra time the following morning to remove the remainder of party effects, but everything must be gone by 10 am morning following the event, or a designated time approved by the CRA; otherwise $100 charge per hour will be assessed. 23) Renters are advised that the City of Boynton Beach has a sign ordinance. Any fines that result from illegal signage placed by the Renter will be the responsibility of the Renter. The use of all temporary signs or banners must be discussed and approved by the appropriate CRA staff or designee and the Renter must obtain a temporary signage permit if required by the City of Boynton Beach. 24) Operation, repair or service of audio-visual, sound, lighting and any other equipment brought into the Facility by the Renter is the sole responsibility of Renter. 25) No artwork can be removed or covered during any function. 26) Destruction or defacing of any CRA property or artwork will result in additional charges for repairs or replacement. 27) All garbage is to be put outside and the covers on the garbage pails closed. 28) Parking: The Facility has a limited number of designated parking spaces. Parking is prohibited on any part of Isles Road (street immediately to the east side of the Facility). Cars parked within this tow zone area will be towed at the owner's expense. Parking is allowed in the Facility parking lot and along designated parking areas along Federal Highway. Valets and attendants may also park at the Senior Center parking lot, designated areas on the street next to the Senior Center, and at the retail businesses on the southeast side of Federal Highway (subject to approval of the businesses). Since space is limited, the use of a valet service is required when more than 60 guests are in attendance. Documentation of valet service is required seven (7) days prior to the event. 00916719-1 Page 8 of 15 � 115+ c� lam # o y ti f 1 R4,5 S}� aw, r f&��C v ' t 29) The Kitchen area utilized by Renter or Renter's caterer is subject to the Catering Policy. It is the responsibility of the Renter to ensure that the caterer is aware of these requirements. 30) Alcohol may only be served or sold after receiving written pre-approval from the CRA, and subject to any restrictions imposed by the CRA and in compliance with the Facility's Regulation of Alcohol Service Policy. No brown bagging or "bring your own" permitted. STAFFING/VENDORS 1) The CRA staff member(s), or designee, serving as the Event Manager is required to be on site for all events held in the Facility. Staff are on site to provide access to the Facility and are available to assist in making events successful. Staff members on duty are not responsible for resetting tables/chairs or providing post-event cleanup services. Those services will be arranged in advance and applicable fees will be the responsibility of the Renter. Please inform the CRA staff or designee on duty of any requests or needs that might arise, or in the event of an emergency. Additionally, the Event Manager has the full authority of the CRA to request the Renter and Renter's attendees maintain order. If the Event Manager feels that decorum or behavior is not maintained and the situation has become unmanageable, he/she is authorized to call the police to the Facility. 2) All events must be appropriately staffed according to the type of event. Specialty staffing can include, but is not limited to the following: lighting technician, sound technician, security, and custodians. 3) Applicable fees for security will be the responsibility of the Renter. The Renter may be required to hire a Palm Beach County Sheriff's Officer, a City of Boynton 00916719-1 Page 9 of 15 Beach Police Officer, or other CRA-approved security provider based on the use of the Facility, the anticipated duration of the event (including set-up and breakdown time), the number of people anticipated to be in attendance, the activities to occur at the event, whether food will be served, whether alcohol is served, and any other factor related to the security of the Facility and surrounding areas. The number of security personnel for an event shall be determined by the CRA staff or designee. 4) While the CRA does not require Renter to utilize preferred vendors, outside vendors must be approved by the CRA staff or designee prior to event. CATERING POLICY The Facility does not provide in-house catering. It is the Renter's responsibility to sign and enter into a separate agreement with the caterer. All caterers must provide the Facility with proof of a current permanent permit issued by the Florida Department of Health before operating on the Facility premises. This document must be received sixty (60) days prior to event. If the caterer is serving alcohol, they must provide a copy of all appropriate alcohol permits required by the State of Florida sixty (60) days prior to the event. Catering Kitchen Overview 1) The caterer is responsible for acquiring and providing all necessary supplies for both serving and cleaning, including, but not limited to, paper towels, dishcloths, dish towels, hand soap, dish detergent, etc. The CRR does not supply any of these items. 2) All food and beverage brought into the Facility must be in closed containers, covered and with paper, plastic or cloth lids. 3) Ice chest(s) or any food coolers sitting on the floor must have plastic under them. The center does not have an ice machine and the Renter or Renter's caterer may need to provide ice for large events. 4) Because the kitchen is only a warming kitchen, all foods must be fully cooked before being brought into the Facility. Please do not place fish in the refrigerator. 5) Food preparation cannot include any open flame cooking inside the Facility. Sterno is the only heating element to be used inside the Facility. 6) Tables must be covered when food or drinks are being served. Cleaning/Access/Usage 00916719-1 Page 10 of 15 1) Counter tops, food preparation tables, and food service carts should be thoroughly cleaned after each use. 2) All floors must be swept and mopped (brooms, dustpans and mops are provided). Cleaning solutions must be provided by CRA. All trash must be bagged and put outside; recycling must be separated and placed in outdoor receptacles. Do not use bleach on floors. 3) All food products or empty food containers brought into the Facility by the Renter MUST be removed from the Facility at the conclusion of each event. No items may be stored overnight without prior permission. 4) At the conclusion of each event, it is the responsibility of the Renter or caterer to thoroughly clean any equipment used, including counter tops, microwaves and warmers. Please remember to turn OFF all appliances, except the refrigerator, before vacating the Facility. 5) Access to the kitchen is only allowed on the day of the event during rented hours. No access is permitted to the kitchen or any other area prior to or after an event without permission from the appropriate CRA staff or designee. 6) Should the event require the delivery of bulk food items, plates, linens, etc. prior to the event, such deliveries must be arranged in advance with the CRA staff or designee. The CRA will not unload, sign for, or accept deliveries from third parties. 7) Should the event require beverage delivery, alcohol or otherwise, please make arrangements with the appropriate CRA staff or designee for a delivery time and make provisions to have a designated person on site to receive the delivery. 8) It is the responsibility of the Renter, caterer, and bartender to keep the kitchen area clean and organized neatly during all events. Facility Equipment and Furnishings 1) If any loss or damage to CRA property occurs as a result of the event, the Rental Agreement, or otherwise related to the Renter's actions or inactions, the Renter shall be responsible for compensating the CRA for all such loss or damage. The CRA shall determine, in its sole discretion, whether the damaged property is to be repaired or replaced. Any refundable deposit held shall be applied to the cost of repair or replacement, and additional costs to repair or replace lost or damaged items in excess of deposit shall be paid by Renter. All repair and replacement shall be conducted or contracted for by the CRA, and Renter shall not attempt to repair, replace, or hire another to repair or replace any damaged property without the prior, express, written permission of the CRA. 2) Facility tables and chairs are for use inside the building only. 00916719-1 Page 11 of 15 3) Additional furniture required for an event must be approved by the CRA staff or designee. The cost of the additional furniture must be paid directly to the supplier by the Renter. 4) Any equipment rented from an outside source must be removed at the end of the event. Renter will be required to pay the cost of removal if necessary. The CRA is not responsible for any items rented or brought in from an outside vendor/supplier. 5) The CRA will not lend any furniture for matters occurring away from the Facility. 6) The CRA does not provide storage of any kind within the Facility. REGULATION OF ALCOHOL SERVICE POLICY Introduction Policies and procedures governing the service of alcohol in the Facility must be followed by Renter, Renter's event/attendees, Renter's staff or members, Renter's caterers, and all others using/attending an event in the Facility. Illegal and/or abusive alcohol practices will not be tolerated. All laws of the United States government or state of Florida regarding alcohol, including licensing requirements, will be followed. Approved service (including sale) for alcohol is restricted only to events held at the Facility in designated areas. Policy Renters, both organizations and individuals, may request to provide alcohol service. In order to provide alcohol services, the Renter must adhere to the following: 1) Renters will submit a completed "Application to Provide Alcohol Services" to the CRA if alcohol is sold for consumption on the premise. An application and more information can be found at the Florida Division of Alcoholic Beverages and Tobacco: h_ttp 1/www my loridalicense.com/DBPR/abt/ABT-Licenselnformation.htmi 2) Renter will submit a copy of a liability insurance policy showing liability for any matters arising from serving alcohol. The liability policy shall meet the minimum value of required coverage and will name the CRA and the Facility as additional insured. The Renter will assume all liability and will execute a hold harmless agreement in favor of the CRA and Facility. The certificate of liability insurance must be submitted to the Facility no later than ten (10) days prior to the scheduled event. 00916719-1 Page 12 of 15 3) All alcohol will be served by an approved certified bartender and/or licensed insured caterer if alcohol is sold for consumption on the premise. All bartenders and caterers must provide documentation for certification or license, and bond and/or insurance. 4) A non-profit organization may sell beer and wine at a single fund-raising event of that organization. Renter must obtain a Special Permit for Sale of Alcohol from the Special Permit from the Florida Division of Alcoholic Beverages and Tobacco and include liquor liability coverage in the required liability insurance policy. The Renter may then contract with a certified bartender/caterer to sell the beer and/or wine at a single fund-raising event. Bartender must provide proof of certification no later than ten (10) days prior to event. If a non-profit organization contracts with a caterer for bartending services, caterer must provide proof of Florida license and liquor liability insurance no later than ten (10) days prior to event. 5) No alcohol will be offered on a self-service basis. No brown bagging or "bring your own" is permitted. 6) Events where alcohol is served may be required to have one or more uniformed security officers present. Cost for officers on duty will be the responsibility of the Renter. The CRA staff or designee will determine the number of officers required. 7) The certified bartender and/or licensed insured caterer will be responsible for limiting alcohol consumption to legally allowable limits. 8) The certified bartender and/or licensed insured caterer shall not serve alcohol to any person under twenty-one (21) years of age, to any CRA staff or designee or hired staff working the event, and must require proper identification prior to service. 9) All alcohol service (including all sales) will stop 30 minutes prior to the end of event. 10) The CRA has the right at any time during an event to stop the service (including sale) of alcohol if the CRA staff or designee deem necessary. CRA staff or designee reserves the right to eject or cause to be ejected from the premises any intoxicated or any disorderly person(s), and neither the CRA, the City of Boynton Beach nor any of its officers, agents or employees shall be liable for any damage that may be sustained by the Renter by the exercise of such right. 00916719-1 Page 13 of 15 FACILITY RENTAL FEES Venue Space Non-Local Local Day of Event (including Kitchen) 1't Floor Weekend $750 $675 Non-Weekend $500 $450 2"d Floor Weekend $2,250 $2,025 Non-Weekend $1,500 $1,350 Weekend $3,000 $2,700 Entire Building Non-Weekend $2,000 $1,800 The following entities are eligible to rent the Facility: Local Individual: An individual whose home address is located within the City limits of Boynton Beach. Residency is subject to wehfiC8b0n by staff. Non-local Individual: An individual who does not reside within the City limits Of Boynton Beach, Non-profit: A business entity that is granted tax-exempt status by the Internal Revenue Service. Civic: Agovernment entity, service club, fnsterno|/oororityGOCieh/. or association operating for educational Orcommunity purposes. For-prxJfit: Abusiness entity that aims 0Dearn profit through its operations and iS concerned with its own interests and not those 0fthe general public Additional Fees SET-UP/BREAK-DOWN AND CLEANING FEES Venue Space Set-Up and Break- Cleaning Pre- and Total (including Kitchen) Down Post-Event nd chairs) East Side $100 $200 $300 1't Floor West Side $100 $200 1 $300 oo,m/m« Page 14of15 2"d Floor $200 $400 $600 Entire Building $400 $800 $1,200 MISCELLANEOUS FEES Staffing $25/hr. Pre- andpost- event access $50/hr. By my signature, I agree to comply with all rules, regulations, laws, ordinances of the City of Boynton Beach and CRA policies in regard to the rental and/or use of the Facility. Print Name of Renter: Signature of Renter:_,_ Date: 00916719-1 Page 15 of 15 t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 OLD BUSINESS AGENDAITEM: 13.13. SUBJECT: Consideration of Boynton Village, LLC Compliance Audit SUMMARY: The CRA entered into a Direct Incentive Funding Agreement with Boynton Village, LLC in December 2006 with the First Amendment dated January 2008 and the Second Amendment dated October 2010 (see Attachment 1-III). Under the terms of the agreement, 50 owner occupied affordable townhouse units and 120 multi-family affordable rental units were created within the Preserve at Boynton Beach located at 1866 5th Street NE, Boynton Beach, FL 33435, south of Gateway Boulevard. In June 2015 the developer submitted their first request for distribution for the 2015 tax year that was reviewed by staff and CRA legal but was denied due to non-compliance with the terms of the Agreement. In response to the CRA's denial, the developer engaged a CPA firm to assist them with their compliance calculations under the Agreement, and submitted a request for the 2015 tax year distribution. After review of the resubmission by CRA staff and legal, the request was approved and the first payment was made to the developer on March 14, 2016 in the amount of $45,759 after receiving CRA Board approval on March 8, 2016. On February 20, 2018, Boynton Village LLC, submitted their Compliance Audit for tax years 2016 and 2017 (see Attachment IV) and a formal request for payment. After review of the submission by CRA staff and legal counsel, CRA Board attorney, Tara Duhy sent a letter to the developer denying their request for reimbursement for year 2016 citing that pursuant to the DI FA, the required Audit and supporting documentation must be submitted annually and no later than April following the ad valorem tax year in order for their tax reimbursement request to be considered by the Board (see Attachment V). Because they were submitted within the specified time period, CRA Staff reviewed the Compliance Audit documents for tax year 2017. After review and analysis of the developer's calculations, CRA staff and legal counsel do not agree with the payment request of $94,953. The documents attached provide the CRA's analysis supporting the CRA's position with regard to the developer's Compliance Audit results (see Attachment VI). The primary reason for the CRA's position is that the documentation of eligibility for the affordable housing units submitted by the developer did not provide sufficient proof of affordable homeownership eligibility for the 23 housing units claimed in the Compliance Audit (only 5 were determined by the CRA to be owned by income eligible households). The CRA is in agreement with the Compliance Audit's findings that there are 114 "income qualified renters" (see Attachment VI I - IX). On April 19, 2018 the CRA Executive Director, Finance Director, legal counsel, the developer and their audit firm met via conference call to discuss the difference in the calculations that they submitted. The developer sent over their calculations via email on 4/23/2018 (See Attachment X). The CRA Finance Director consulted with the CRA auditing firm and legal counsel who both agree with the CRA's original analysis. On May 1, 2018 the CRA Finance Director sent a memo via email to the developers stating the CRA's findings and the item will be going before the Board on May 8, 2018 (see Attachment XI -XI 11). After the April 10, 2018 CRA board meeting legal was asked to give their interpretation of Amendment 11, Exhibit E. On, May 29, 2018, CRA legal counsel sent a letter to the developer with their findings and revised calculation (see Attachment XIV) The revised payment calculation to the developer based on the CRA's analysis is $73,611 (see Attachment XIV). The developer sent an email on June 8, 2018 accepting the CRA's revised calculation (Attachment XV). FISCAL IMPACT: FY2017-2018 Budget, Project Fund, Line Item 02-58400-443 - $73,611 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approval of the request for payment to Boynton Village, LLC for$73,611. 2. Do not approve the request for payment to Boynton Village, LLC for$73,611. 3. Recommend an alternative payment amount to Boynton Village, LLC upon further discussion. ATTACHMENTS: Description D Attachment I - Executed DIFAAgreement D Attachment II - Executed 1stAmendment to DIFA D Attachment III - Executed 2nd Amendment to DIFA D Attachment IV -Compliance Audit 2016 and 2017 D Attachment V - Memo sent from Legal to Leon Wolfe D Attachment VI -2017 CRAAnalysis of Compliance Audit D Attachment VII - Exhibit E Rentals D Attachment VIII - Exhibit E Units Sold D Attachment IX - PB Property Appraiser Backup D Attachment X -Cornerstone Calculations D Attachment XI - Memo from CRA Finance Director with results D Attachment XII - Letter from Finance Director to Developer 5/1/2018 D Attachment XIII - Memo from Legal to Executive Director with their position on DIFA Payment for 2016 D Attachment XIV - Letter from Legal to the Developer 5/29/2018 and new calculation D Attachment XV - Email from Lenny Wolf accepting CRA offer i DIRECT INCENTIVE FUNDING AGREEMENT /d'tLis Directincentive Funding Agreement(hereinafter"Agreement") is entered into as of the day of 2006,by and between: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes, (hereinafter referred to as "CRA"),with a business address of 915 South Federal Highway, Boynton Beach, Florida 33435. And Boynton Village, LLC, (hereinafter referred to as "Developer"), with a business address of 2121 Ponce de Leon Boulevard, PH, Coral Gables, Florida 33134, and/or assigns. RECITALS: WHEREAS, as part of its strategy to encourage homeownership by families within certain income brackets, the CRA has instituted certain programs to provide incentive funding to developers, including the Direct Incentive Program for Workforce Housing adopted on August 8, 2006, for direct assistance offered by the developer to such qualifying homebuyers; and WHEREAS, at the September 12, 2006, meeting of the CRA Board, the CRA Board approved amending its Homebuyers Assistance Program and directed staff to begin negotiations with Developer to create between 25 and 50 affordable homeownership opportunities for a project known as The Preserve (hereinafter the "Project") (subsequently, Developer agreed to set aside 50 affordable units as set forth within this Agreement); and WHEREAS, Developer is hereby submitting to the CRA a proposal to offer to qualified homebuyers such assistance for the Project; and WHEREAS, the CRA intends to provide incentive funding to the Developer for such homeownership opportunities on the basis set forth herein; and WHEREAS, this Agreement is not intended to be a "Development Agreement" within the meaning of Florida Statutes, Section 163.3221. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed herein between the parties as follows: Section 1. Recitals. The foregoing recitals are true and correct at the time of the execution of this Agreement and are incorporated herein. O ACORD003-Boynton Beach CRA-Cornerstone DIFA—I0-27-06 1 Section 2. Definitions. As used in this Agreement, the following terms shall have the following meanings: "Affiliate" of a party means any corporation, partnership, limited liability company, trust or other entity controlling, controlled by, or under common control with such party (whether directly or indirectly through one or more intermediaries). For the purpose of this definition, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of management and policies, whether through the ownership of voting interest or by contract or otherwise. "Affordable Access Unit" means the fifty (50) units committed to by Developer to qualify for the affordable access as described in this Agreement(also described as "Workforce Housing" within the CRA Guidelines). "Agreement" means this Direct Incentive Funding Agreement and all exhibits and attachments thereto, as any of the same may hereafter be amended from time to time, by mutual agreement of the parties. "Developer" means Boynton Village, LLC, and any assignee or transferee of Boynton Village, LLC, that is permitted under this Agreement, from and after the date of such permitted assignment or transfer. "City"means the City of Boynton Beach, Florida. "Pledged Project Increment Revenues" means the Project Increment Revenues received by the CRA which are pledged to the Developer as set forth within Section 6.1.C. of this Agreement. "Project" means The Preserve as described above in the second "Whereas" clause, and as further described in the Application defined above and in the site plan defined below. "Project Increment Revenues" means the amount deposited in the Redevelopment Trust Fund for the Redevelopment Area pursuant to Florida Statutes, Section 163.387, which is attributable to the Project, using $1,025,000 as the 2004 base year amount in calculating such increment revenues, so that increment revenues for the Project are equal to all amounts over the base year amount. "Property"means the real property described on Exhibit "A", attached hereto. "Redevelopment Area" means those areas within the limits of the City which have been declared blighted in accordance with the provisions of Florida Statutes, Chapter 163, Part III. "Redevelopment Trust Fund" means the trust fund established pursuant to Section 163.387, Florida Statutes for the deposit of incremental revenues attributable to the Redevelopment Area. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 2 "Site Plan means that as approved by the City of Boynton Beach City Commission by motion and vote on April 5, 2005, a copy of which is to be attached hereto as Exhibit"B". "Substantial Completion" or "Substantially Complete" means the point at which the Palm Beach County Property Appraiser has placed the improvements on the Tax Roll. "Tax Collector"means the duly elected tax collector for Palm Beach County, Florida. "Tax Roll" means the real property ad valorem assessment roll maintained by the Palm Beach County Property Appraiser for the purpose of the levy and collection of ad valorem taxes. Section 3. Effective Date. This Agreement shall be effective on the date that the last party to sign executes this Agreement(hereinafter"Effective Date"). Section 4. Developer Obligations — Construction. Developer agrees to construct or cause to be constructed the Project as described in the Site Plan in order to receive the full Direct Incentive Funding as provided for in Section 6 hereof. The Site Plan may be modified from time to time in accordance with and pursuant to the Code of Ordinances of the City of Boynton Beach; provided, however, that Developer shall not have the right to substantially reduce the number of residential units, change the exterior appearance, including landscaping, the size or scope of the amenity areas, the number of parking spaces or to make any other change which would cause the Project to differ substantially from the approved Site Plan without the prior written approval of the CRA in order to receive the full Direct Incentive Funding as provided for in Section 6 hereof. "Substantially" as used in this Section means any change that would require a major Site Plan Modification. Developer and the CRA acknowledge, agree and understand that the Project is under construction as of the date of this Agreement. 4.1. Non-Discrimination. Developer agrees that no person shall on the grounds of race, color, disability, national origin, religion, age, familial status, sex or sexual orientation be excluded from the benefits of, or be subjected to discrimination under, any activity carried on by Developer, its contractors, sub-contractors, or agents, in the performance of this Agreement. Should such discrimination occur, the CRA will provide notice to Developer that it claims there has been a breach of this condition and thereafter, Developer shall have fifteen (15) business days to demand arbitration as to the claim of discrimination. The parties will then mutually agree in writing to an arbitrator and if they cannot agree, the rules of the American Arbitration Association will govern. The arbitration will be governed by the rules of the American Arbitration Association regardless of whether an arbitrator is agreed upon by the parties. This arbitration shall be independent of any other actions being taken by other governmental agencies. However, a finding by any other agency or court that such discrimination has occurred may be relied upon by the CRA as conclusive proof of a breach of this provision, provided such finding is final and not appealable. If Developer does not demand arbitration within fifteen(15) business days, or if arbitration is conducted and it is determined by the arbitrator that discrimination j occurred, the CRA shall have the right to terminate this Agreement and pursue any and all other lawful remedies. The cost of such arbitration shall be borne by the non-prevailing party. Such non-prevailing party shall be determined by the arbitrator. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 3 i 4.2. Convicted Vendor List. As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in furtherance hereof, Developer certifies that it, and its affiliates, contractors, sub-contractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36)months immediately preceding the Effective Date. Section 5. Affordable Access Requirements. As a condition precedent to its receipt of any funds pursuant to this Agreement, Developer and its successors or assigns, shall implement an affordable access component to the Project as provided for in this Agreement, the CRA's Workforce Housing Direct Incentive Program Guidelines, and as set forth below ("Affordable Access Requirements"). Implementation and maintenance of the Affordable Access Program shall be as follows: 5.1. Affordable Access—Residential. 5.1.1. Developer agrees to set aside fifty (50) units designated as Affordable Access Units. 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and No/100 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit "C" which is attached hereto and made a part hereof)to buyers whose income does not exceed 120% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development ("HUD") for the year 2006. Proof of income qualification for the Affordable Access Units shall be provided to the CRA prior to any disbursement of Pledged Project Increments Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns; and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. 5.1.3. Qualifications.for buyers of the Affordable Access Units and related re- sale requirements and restrictions shall be found in Exhibit "D" attached hereto and made a part hereof(the CRA Homebuyer Assistance Program Guidelines 2006/2007). 5.1.4. The re-sale limitations and requirements set forth herein shall be included in the deeds of sale, to be executed by Developer as seller (or its successors or assigns) and the purchaser at the time of closing on the initial sale of the Affordable Access Units; shall constitute a covenant running with the unit; and shall be recorded in the Public Records of Palm Beach County, Florida. CRA shall approve the form of the deed prior to execution. 5.2. Performance Audit. Prior to receiving the annual allotment of Pledged Project Increments Revenue, Developer shall provide written audited verification, at its sole cost and expense, of substantial completion and of compliance with the requirement to sell 50 Affordable Access Units. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 4 5.2.1. This performance audit shall be conducted by an independent Certified Public Accountant(CPA), selected and paid for by Developer with the approval of the CRA. 5.2.2. With respect to the Affordable Access Unit component of the Program,the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access Unit requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of residential units which are owned by qualified purchasers. Developer must provide all necessary documents to conduct the audit including, but not limited to,the executed deeds and closing statements. 5.2.3. The examinations and opinions required under this Section must be conducted in accordance with generally accepted accounting standards established by the American Institute of Certified Public Accountants. 5.2.4. The audit required pursuant to this Section may be performed in conjunction with other auditing services. 5.2.5. Disbursement of the Pledged Project Increment Revenues shall only occur upon the CRA's acceptance of a properly documented and supported audit. Disbursement of Pledged Project Increments Revenue shall be conducted pursuant to the Direct Incentive Program for Workforce Housing Guidelines. An example of such funding disbursement is attached as Exhibit E. 5.2.6. It is acknowledged, understood and agreed that Developer may not be able to sell each Affordable Access Unit. In the event that not all Affordable Access Units are sold, then the funds Developer would otherwise be entitled to shall be reduced by an amount corresponding to the percentage as set forth in Section 6.1.A herein. See also Exhibit E as an example. 5.2.7. Exceeding the agreed upon requirements of the 50 Affordable Access Units shall not entitle Developer to additional funding under this Agreement or to a credit or set- off against any reduction in funds due to failure to meet the other Affordable Access Requirements in earlier years hereunder. Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to Developer for the purpose of offsetting, in part, Developer's cost of creating fifty(50) affordable residential units. 6.1. Direct Incentive Funding Formula and Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten (10) consecutive years, as provided herein and below, an annual amount which equals the Pledged Project Increment Revenues as set forth in subsection 6.1.C. herein less any amounts deducted pursuant to the terms of Section 5 above due to the failure of Developer to comply with the Affordable Access Requirements of this Agreement. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 5 A. The Pledged Project Increments Revenue shall be awarded pro rata based on the proportion of Affordable Access Units sold to eligible buyers. For example, if ten (10) percent of affordable access units are sold in the first year the Project Increment Revenues are available, Developer is entitled to 10% of the eligible Pledged Project Increments Revenue that year. If, the following year 100% of affordable access units are sold, Developer is entitled to 100% of the Pledged Project Increments Revenues that year and in continuing years until the ten-year period has terminated. See Exhibit E attached hereto and made a part hereof for the estimated Pledged Project Increments Revenue Calculation for this Project. B. Developer shall have the option to postpone the first Pledged Project Increments Revenue disbursement to the following year at Developer's option with written notification provided to the CRA in advance of the disbursement. C. For the first through fifth disbursements of the Pledged Project Increments Revenue, the Developer shall be entitled to 75% of the Project Increment Revenues. For the sixth through tenth disbursements, the Developer shall be entitled to 25% of the Project Increment Revenues. 6.2. Commencement and Conditions of Funding. The ten (10) year term for each Phase for the receipt of Pledged Project Increments Revenue shall commence in the year that the following conditions are met: A. The Project is Substantially Complete; B. The completed improvements of each Phase have been placed on the Tax Roll; C. The CRA has determined that Project complies with the commitments and with all of the terms and provisions of this Agreement; D. All requirements as set forth within this Agreement have been complied with by Developer; and E. The CRA has received Project Increment Revenues from such improvements. 6.3. Disbursement of Funds. Except as otherwise provided herein, the Pledged Project Increment Revenues shall be disbursed to Developer by April 1 of the year following the corresponding ad valorem tax year OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 6 6.4. No Pledge of Pledged Proiect Increment Revenues. The CRA warrants and represents that the Pledged Project Increment Revenues are not the subject of any prior pledge by the CRA and agrees that such revenues shall not be assigned, pledged, hypothecated or secured by the CRA for the period covered by term of this Agreement. 6.5. Subordination. Any Pledged Project Increment Revenue of the CRA pursuant to this Agreement is subordinate to the pledge of the tax increment revenue given to secure the CRA's Tax Increment Revenue Bonds pursuant to Resolution No. 04-04, adopted December 6, 2004, as amended and supplemented. Section 7. Events of Default,Remedies and Termination. 7.1. Default. Upon the occurrence of any one or more of the following events, all obligations of the CRA to disburse further funds under this Agreement shall terminate at the option of the CRA. Notwithstanding the preceding sentence, CRA may at its option continue to make payments or portions of payments after the occurrence of one or more of such events without waiving the right to exercise such remedies and without incurring liability for further payment. The CRA may at its option terminate this Agreement and any and all funding under this Agreement upon occurrence of any one or more of the following: 7.1.1. Any representation by Developer in or.in connection with this Agreement is inaccurate or incomplete or false in any material respect. 7.1.2. The failure of Developer or its Affiliate to observe or perform any of the terms, covenants, conditions, obligations, or provisions of this Agreement in any material respect to be observed or performed by Developer or such failure continues for a period of thirty (30) days after written notice thereof from the CRA to Developer provided, however, that if the nature of Developer's default is such that more than thirty (30) days are reasonably required for its cure,then Developer shall not be deemed to be in default if Developer commenced such cure within said 30-day period and thereafter diligently pursues such cure to completion. 7.2. Remedies. Upon the occurrence of any one or more of the foregoing events, CRA may, at its option, give notice in writing to Developer to cure its failure of performance if such failure may be cured. Upon the failure of Developer to cure, CRA may exercise any one or more of the following remedies: 7.2.1. Terminate this Agreement upon not less than fifteen (15) days notice, by certified letter to Developer at the address specified in Section 8.5 of this Agreement, such notice to take effect when delivered to Developer. 7.2.2. Commence a legal action for the judicial enforcement of this Agreement and for any and all damages occasioned by Developer breach of this Agreement including, but not limited to, repayment of funds disbursed to Developer as a result of fraud or 'material misrepresentation. j 7.2.3. Withhold the disbursement of any payment or any portion of a payment. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 7 i I 7.2.4. Take any other remedial actions that may otherwise be available under law. 7.3. Attorney's Fees and Costs. In any judicial action arising from this Agreement the prevailing party shall be entitled to an award of its reasonable attorney's fees and costs, at both the trial and appellate levels, from the non-prevailing party. However, the CRA shall not be required to exceed its limits of liability as set forth in section 768.28,Florida Statutes. 7.4. Law and Remedy. This Agreement shall be governed by the laws of the State of Florida. Venue of any and all legal actions arising from this Agreement shall be in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right,power, or remedy hereunder, shall preclude any other or filrther exercise thereof. 7.5. Strict Performance. No failure by either party to insist upon strict performance of any covenant, agreement, term or condition of this Agreement or to exercise any right or remedy available to such party by reason of the other party's Default and no payment or acceptance of full or partial payments of amounts due under this Agreement during the continuance (or with CRA's knowledge of the occurrence) of any Default or Event of Default, shall constitute a waiver of any such Default or Event of Default or of such covenant, agreement, term, or condition or of any other covenant, agreement, term, or condition. No waiver of any Default shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent Default. Payment by either party of any amounts due under this Agreement shall be without prejudice to and shall not constitute a waiver of any rights against the other party provided for under this Agreement or at law or in equity. One party's compliance with any request or demand made by the other party shall not be deemed a waiver of such other party's right to contest the validity of such request or demand. All the terms, provisions, and conditions of this Agreement and the restrictive covenants shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. The Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to the preparation of the Agreement and the restrictive covenants. 7.6. Remedies Under Bankruptcy and Insolvency Codes. If an order for relief is entered or if any stay of proceeding or other act becomes effective against Developer or in any proceeding which is commenced by or against Developer under the present or any future federal bankruptcy code or in a proceeding which is commenced by or against Developer, seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any other present or future applicable federal, state or other bankruptcy or insolvency statute or law, CRA shall be entitled to invoke any and all rights and remedies available to it under such bankruptcy or insolvency code, statute or law or this Agreement. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 8 i 7.7. Termination. The obligations of Developer and CRA shall terminate upon the expiration of the Project Increment Revenues payments to Developer as provided in Section 6 above as a result of the expiration of the agreed upon payment periods. Section 8. General Conditions. 8.1. CRA's Maintenance of Records and Annual Account Funding. Commencing with the Effective Date, the CRA shall maintain and administer separate financial records which reflect terms of this Agreement. Such records shall clearly document for the benefit of the CRA and Developer, the Base Year amount and the annual revenue collected by the CRA attributable to the Project and the annual amounts owing and paid under this Agreement. 8.2. Successors and Assigns. The CRA and Developer each binds itself and its successors, executors, administrators and assigns to the other party and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Prior to Substantial Completion of the Project, without the prior written consent of the CRA, Developer may transfer this Agreement to an Affiliate who reaffirms that Developer shall continue to be responsible for all the obligations of Developer under this Agreement in order to receive the full Pledged Project Increments Revenue as provided for in Section 6 hereof; provided, however, that prior to Substantial Completion of the Project, this Agreement may not be assigned by Developer to any third party without the prior written consent of the CRA and without the assignee's specific written assumption of all of the obligations of Developer under this Agreement. After Substantial Completion this Agreement may be assigned by Developer; provided, however, that any assignee thereto shall specifically assume all of the obligations of Developer under this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the CRA, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CRA and Developer. In the event that the CRA determines that Developer is in violation of this paragraph, the CRA shall have the right to terminate this Agreement and to seek repayment of the funds paid by the CRA to Developer. 8.3. No Brokers. CRA and Developer each represents to the other that it has not dealt with any broker, finder, or like entity in connection with this Agreement or the transactions contemplated hereby, and each party shall indemnify the other against any claim for brokerage commissions, fees, or other compensation by any person alleging to have acted for or dealt with the indemnifying party in connection with this Agreement or the transactions contemplated hereby. 8.4. Indemnification and Hold Harmless. Developer agrees to protect, defend, reimburse, indemnify and hold the CRA, its agents, employees and elected officers and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of every kind and character(sometimes collectively "Liability") against and from the CRA which arise out of this Agreement, except to the extent that any of the Liability results from the negligence or willful misconduct of the CRA. Developer recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CRA in support of this clause in accordance with the laws of the State of Florida. CRA's indemnification obligations shall not exceed the OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 9 statutory limits provided within Section 768.28 Florida Statutes, and CRA does not waive its sovereign immunity rights. This paragraph shall survive the termination of the Agreement. 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a "Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2121 Ponce de Leon Boulevard, PH Coral Gables,Florida 33134 With Copies to: Michael Weiner, Esq. Weiner&Aronson, P.A. 102 North Swinton Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 With Copies to: Kenneth G. Spillias, Esq. Lewis, Longman& Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 8.5.1. Any Notice may be given in a manner provided in this Agreement on either party's behalf by its attorneys designated by such party by Notice hereunder. 8.5.2. Every Notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. 8.6. Time is of the essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 8.7. Entire Agreement. The CRA and Developer agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 10 than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 8.8. Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. Any exhibits not physically attached shall be treated as part of this Agreement and are incorporated herein by reference. 8.9. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 8.10. Priority of Interpretation. In the event of any conflict between the terms and conditions of this Agreement and the Direct Incentive Program, the terms and conditions of this Agreement shall prevail. 8.11. Headings. Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 8.12. Insurance. All parties hereto understand and agree that the CRA does not intend to purchase property insurance in connection with this Project. 8.13. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and Developer (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 8.14. Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. SIGNATURES ON FOLLOWING PAGE OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 11 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. WITNESSES BOYNTON,VILLAGE, LLC ��L lze� e'4 By: Print e: ANI RMAN PrPe: � Ti n ` � Date: Print name: Melissa k% eZ BOYNTON B ACH COMMUNITY REDEVEL MENT AG CY 14k- By: Print n ,-,0 o*,W - Print name: 6N94R ' Title: Chairpersorl Date: 1x jY,�O(0 ri name: OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 12 STATE OF FLORIDA SS: COUNTY OF-P�� BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared LEON J. WOLFF as of 17N 44&046'K Vt- - and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of JRZVAA1-eV- J YAXJ-4ftb;.-for the use and purposes mentioned herein and that the instrument is the act and deed of Imo- is personally known to me or has produced as identification. IN WITNESS OF THE FO RMOING, I have set hand and official seal at in the State and County aforesaid on this ay of ;�y 2006. Leyani ontan Commission#DD312446 -h4lieO.4 G. Expires:Apt.23,2W8 �M- Bonded Thru No Pyy c, State of Florida at Large Atiatic DwAiq Co.Ift My ConMlission Expires: STATE OF FLORIDA SS: COUNTY OF PALM BEACH : BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared 40,PA a r,.(*o &v rlimA oas #D of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. He/she is personally known to me or has produced as identification. IN WITNESS OF THE FORF OING, I have set my hand and official seal at in the State and County aforesaid on this�day of r-u-J*a 2006. SUSAN E. HARRIS (9Notary Public,State of Florida My Comm.#OD 248894 Notary Public, State of Florida at Large Expires:September 23,2007 My Commission Expires: 9WWW0*h0W"NyWvk" qh-3/9,00? OACORD003-Boynton Beach CRA-Cornerstone DIFA-10-27-06 13 Exhibit"A" Property Description That portion of Lots 20 through 26,inclusive, lying East of the West line of Section 15, Township 45 South, Range 43 East, Boynton Beach, Florida as shown on the Plat of SAM BROWN JR.'S HVPOLUXO SUBDIVISION, as recorded in Plat Book 1, Page 81, in and for the Public Records of Palm Beach County, Florida, less however the South 332 feet, of the West 165 feet, (as measured along the West and South lines)thereof. Together with the beneficial interest in that certain Ingress and.Egress Easement contained in Warranty Deed recorded in Official Records Book 3580,page 1323. i Together with the beneficial interest in that certain Utilities Easement contained in Warranty Deed recorded in Official Records Book 3580, Page 1323, as modified by Relocation and Grant of Easement recorded in Official Records Book 6686,page 191. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 14 Exhibit"B" Site Plan r Eek pi v RI � Ml�i_ ,dR e �i 9. a y a .�,,Nu', MS"7 MMf6PP R%6t afb4ss ?>Ate IKB b WeM�!aFM1:. FyAp;�IR"RiR.Nk v.Nlmfl.:t�R(�Mai+nn'.iw4 ..> �'l+a ierAsYN 34.az amw.�4�r vs�aSK'eRw.5314.'�+'K'yw.^1��er*e43 a.??�t:eP.wta�9 acaYr��a.YM. OACORD003-Boynton Beach CRA-Cornerstone DIFA—I0-27-06 15 Exhibit"C" Price List IM PRICE LIST r1 r From$299a990 Hadl Batik I car gamgc 10 1 sed ft-a/c area CYPMS fmm$349,Wi � ,plusy De /Bed Bath 1. cagange r Hibiscus From $1279,990 3 Bath I 'fir parage 1557 -ft_Atc wva. Palm From Bed 3 Bath I car gwage, 1.601 SJ- ft,4le area 1 ccs,subjectto chatige without prior cokef i to 7n9)06 "AM.MATERMS AND&wicwjr,*,nCM AM; rArr MAV R r MY W*AJ w xr a a rra UPON AS CURRWMV DEVELOMM, R EsrAT , r ktWM t a MMS VO n*00CMENMEANDIF0 W ?tS-Vl,MJWUDA STAIV7V&TO TO^ MIMO$AA OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 16 Exhibit"D" CRA Homebuyer Assistance Program Guidelines A WeqCRA t o leas Community Roftvdap wawt plouwbMw Anktante Pftgramt ULVM boyntnn ilanob.Caumunflyant Agwy v=wmie bealth ofthe City chards Won the sufficbent,BuWy of bousing p,kwd for . wadangfiraffles, As housing prioexr4ambed by dmMe dkl#a in 2005-2006,,many _f1imilice woe fwd Ow of the howswg Market at7 of D43-yntoik Dowdi soo6iv va 04#w mmoinglaijuaivic Paa veraatatp� '"rte (fir 1p) dal to wide to l e irsixua families- Due,t npid housing dwav%*c number oflow and muoKlamw Womw flunitics wbo am afford to buy hornes has dewnwed. Irk am effort to assisumore flamilift taxa CRA has hngplismented the Homebuyer Assistance PmVwm Propm funds can be layeredMth die s SHW Omm Payrpica ARAstmw PmSttm to provFi*gpp flawvft to ftnilies.It SHIP fan&am wail ,H he used a s sole war o f PaSm : KOASIMOV as I=#ea applicants all SMW c6tain W,ad by the City of boyatim Funcft is on a e4 first-appmved basis. . Applicants must meet all of the quelificationcriteriaof the SHIP IIS Asaintante Program. RAP quaMeation wig be conductedby Ow CWs CbiumuWty Impmveratsit Dqwtnwnt or ae Community 14ous Develo;wwait OrXanizatiou f A mquest Far IIAP fim4s mug be on the s:behAf by eitheir tho Witty or C . 3. pumAlwo 0,64M New--Not to t0,462 Wft—Not to $280,42 Now Omw.Consavation Loans-the value of *C ."Iat awsixied to-, homebuyer is owlip4ed fmm the CR:A lty subsidy a a tm4 but is indtWe d iri tw PCIManpent mortgage , Etigible Properties ladude existio& i smily11ame%,mmsftwfion of new sir4e4hsnily homes,townbopm and cosidoeminiums loicated withIn,itio CRA. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 17 2 S. Use of Funds, a. Chown pwymcnt and closing bL Ft lima crttaua: f tca tnnit tyaa.taxtcatc uqs t c,ex �i Fasni#iaw with dcpcndant,adoor,childran wiU r±ecaaive Prefleremov. 3. Parmunt vvmn wv hada, City of'Boynton B -will reocive prefereoce. Applicants emplaylad in the- nl r "sectors(aducaftsvA.PrAJ aa. 15xcB is and skilled b4"Idli g tntcIav)will naceiwex Vii—. lv. Tacoma a fWanr all ad:arlat nvvmbwrs of the hatksarslaookt,.rill be,included in the a asxtx PU tetiOn of WOOS 40003thca, vW Ckty and CRA f6vmdmo adbarall not exoved 40%for mo4anac Euc%imac buys"and r low mccew b y*m of t pumbesta pricy u aal amount 4xf" fisodimS stw:>cd.ftalt dkgmmd uron the lnnoa tatrwIl CRA, AAndirng be aw. to *s the fisading app ntnanatatrat or 830.WO.00- st,etw1odbution experesest asialod to brhvgtng borne op to code may be loauded,up#v S5iC1l000d MN #'L Momlerute tnxmmc Household. $60..000 Puraltmoce P*io s 4�xr nuc S-2 .1300 Ntawl"tuin Mortgage karat 3213.77 t Claty`e yr ftx�hv .5"W:fin:laan5 ntetnt $50,000 Flunding 43arin. $21„110 I'vonent arpublic Subsidy 2 ;ply LJOW I Ffo%Wetkold S 40.200 Closing SAMO n,+a MOW40M M AAVAMMt S;i ." Gap $ 45,300 Pmoem ormabliae S u'biwid-V 4 1 T- Proycated houalwgm4ludingnuor4gaga.intoremt,tine;.'humaramoo amyl Faunanc rt�wtip r•rif" wall nat em000d 334A oraros'O Ivouvehow tMoa e or vwbabovinr-the primairy lender 'Me mumirm urs»raaaaal ra>«tie Ooml... hounduM expmwo hilus aua trblit i It 3 not,eacracx!,k.' of lie OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 18 mrntp� t ssia{lrA9i7tE�! ,Ja3rf1i1 blorttg(i (root.ina"m&hISAWmam) S1.2,82 tit S SW iaag o tin to vxammd35%) 27 UxmuPjC t1 Ijaw Inanatic $40,2100 Q s c1i mlY fWKvFxtt?v S 3, is 3thmcr Debt 3CK) "owing M Ratio 2 'Deft;it:.at:ia 1.2 Alrptircastttsa:ausat be total timem himmebayam with no p—Auum hhila withim tha psist%hrac yearvi at t1m time a f npplival*e, 'First kinvir,houto bwYer dun aliall tm dMiUrnifned by J*Wf thhrOM SMOnti"Y*WM 'IFS InCOU66 tax A[eta. 19mmtwtt be in the form"ii t gee bobindthm#" :more trSt`.CW it .ftxrm s what baits atie t`ocrms ar[:a th rd nautiguipm IsmWed t 47W of Wrymoon "s driounibranva. ReWayment of the CWA,Aindst Waits net be r sgoirad if Ow boom in me ald to an inoatris qualMad'i myvr. briocamm-qualillketiam Kr ttlAel nerwhimyow shmill be certrfied by OAP City of Mrstam Heach tC'aituunimity n„wtrt:CHvlt a atacl rt�wwuatka9,to SRA pAeircxr Ao. tt:ialis t�€i,b almmniaflisit>b++ r wits as�`t7 �:AstrlaitimR.yr irarnixi itx, tl.+t1� sa«lcaasr . 13., uamamimmina aft wits neo it imrapayumext caai•CRA,foods withintereat circumstanom aaG�tttati nt+ per'. ,. t#xzli'Iitn 11lA�i immny ate p+errxt�ittl in apait€i it:h prior xwri approval Dom 4ba,City tisk CSLA. 314. Fart ai a who mWivo CM.&, yerr;AS ' t y M&Ivaidemwo;for tbC ;tom. aFfb,Oimt n . frifist,awaidenim in]eased andair cv by tlu- recipient o cllA-funds,ntt: Rms p{ intermit m. tqthe tiffs at PWCb&M tl(tl WI bft=UUW tae And pgypbta ltr i�Y' L #that,rbOWIVO t f:�:DC iff lit memba l - at : to ihAC City mint. lAriAlrltrtrklly t*mv amutrvurunryof the c lartng dm*. 72m$A't5a6gxwd Awe`d ol7pronir to^uM# `t it showing pxcwrmm incl iI ICS nts mato-me and-siddram. Failure to vaumply will rarub.in The CItA Minds treC'C mi m' . duo and Paymbim 1,a. LVOM mdael dw Prupert wtthia am Ara I t a yews.the Waftwa nf»t PWY Flo%of*00 equity(aiwtermi ted y,�,a Xquiltma a. )to the city and . the a: of funding ftc(m each emit 4'. Diising ycom 6-241e.SO%of Cho 9{S 4uil 'dad iliming Y&SIV:zI�-",:.l-".4 orsho 040MY is doe to 1ft2e City anit CMA up47m MIC&?'r'ihs'- ,Y '.. OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 19 4 Odalual how pdca: 3 0+m City&W fixods 3 50 [7I CRA Funds S lom mwtpp S1.,55. 5 _ Il pity $50,om 20x:Fquity I " 10,0M PWIVOW,Or Equity to City IUAW Ear. I the pal to puRhm,tbe ptopmy,at The flair mndmt wmpo4l vWua within 45 dAys aE 'tom m lho pmpaty ovmm. 0. Offaing of dw,,pmgrm :.: a fuvding, Alt dodsionsare subject Dkedom OACORD003-Boynton Beach CRA-Cornerstone DIFA—10-2?-06 20 Exhibit"E" Pledged Project Increments Revenue Formula Examples #of Affordable #of Affordable Access Access Units Sold %of Eligible TIF Units Sold %of Eligible TIF 1 2% 26 52% 2 4% 27 54% 3 6% 28 56% 4 8% 29 58% 5 10% 30 60% 6 12% 31 62% 7 14% 32 64% 8 16% 33 66% 9 18% 34 68% 10 20% 35 70% 11 22% 36 72% 12 0.24 37 74% 13 26% 38 76% 14 28% 39 78% 15 30% 40 80% 16 32% 41 82% 17 34% 42 84% 18 36% 43 86% 19 38% 44 88% 20 40% 45 90% 21 42% 46 92% 22 44% 47 94% 23 46% 48 96% 24 48% 49 98% 25 50% 50 100% OXORD003-Boynton Beach CRA-Cornerstone DIFA—10-27-06 21 FIRST AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT DATED DECEMBER 19, 2006 Between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY And BOYNTON VILLAGE, LLC WHEREAS, on December 19, 2006 the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("BBCRA") and BOYNTON VILLAGE, LLC entered into a Direct Incentive Funding Agreement (the "Agreement") relative to the Project known as the"Preserve"; WHEREAS, the Agreement provided that the Developer was to set aside fifty (50) units designed to be affordable access units; WHEREAS, the Developer has requested that the eligibility requirements for potential buyers be modified to increase the eligibility threshold from 120% of Median Household Income as set by the United States Housing and Urban Development(HUD) in the year for which the units are sold; NOW THEREFORE, in consideration of the mutual covenants set forth herein and other lawful consideration, the Agreement is amended as follows: Section 5.1.2 is amended to read as follows: 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and No/100 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit"C"which is attached hereto and made a part hereof) to buyers whose income does not exceed 1201,'s 140% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development ("HUD") for the year in which the units are sold. Proof of income qualification for the Affordable Access Units shall be provided to the CRA prior to any disbursement of Pledged Project Increment Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns; and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. Section 5.1.3 is amended to read as follows: 5.1.3. Qualifications for buyers of the Affordable Access Units and related re-sale requirements and restrictions shall be found in Exhibit "D" attached hereto and made a part hereof (the CRA Homebuyer Assistance Program Guidelines T:IDEVELOPMEYRThe Preserve-ComerstoneTreserve DII`AIDIFA Revised Amendment(2).doc 1 200612007). However, for purposes of this Agreement, Median Household_Income_for the Homebuyer Assistance Program shall not exceed 140%. Section 8.5 is amended to read as follows: 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a"Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2121 Ponce de Leon Boulevard, PH Coral Gables, Florida 33134 With Copies to: Michael Weiner, Esq. Weiner &Aronson,P.A. 102 North Swinton Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 With Copies to: Donald J. Doody, Esq. Goren, Cherof, Doody & Ezrol 3099 E. Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. SIGNA'T'URES ON FOLLOWING PAGE 1':1DEVELQPMEN31The Preserve-Cornerstone\Preserve DIFAIDIFA Revised Amendment(2),doc 2 WITNESSES BOYNTO *ILLAGE,LLC By: .W _ _ f� r Print � e: AEON j, WOL E Print name: j Title:— Date: - Print itle:Date:Print name: r,woz N2, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: --e� ' Print name: Print name: ., 2 r�- Title: Cl arperson Date: Print name: T:\DEVELOPMENMhe Preserve-CornerstoneTreserve D1FA\DIFA Revised Amendment(2).dcc 3 STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to adrmi t , oaths and take acknowledgments, n-,rsonally al-ed IV as Of and acknowledged under oath that lie/she has exec d the foregoi Agreement as the proper official of PkQ "-DMA V J- the use and purposes mentioned herein and that the 111 0 t6te,has instruhient is theact ad deed of He/she is personally known to me or has produced as identification. IN WITNESS OJEE 7E FOREGOING, I have iriy hand and official seal at in the State 'L�33 ur' A' day of and Coun WITNESS esa'd on this 2008. Leyani Roman Notary P c, State o Florida at Large Commission#DD312446 Expires:Apr.23,2008 Bonded Thru My Commission Expires: nding Co.Inc, STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared . j e i-�Z 7—q),,Ir as �-!k a/,-)/1'142 of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. _He/she is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have se my hand and official seal at in the State and County aforesaid on this—// day ofd 2008. Notar Public, State o Ioiida at Large My Commission Expires: '0111y.fit' MYCOWSSION i DD 66211R EXPIRES;April 21,2011 T:\DEVELOPMEYRThe Preserve-CornerstoneTreserve DIFA\DIFA Revised Amendment(2).doc 4 SECOND AMENDMENT TO DIRECT INCENTIVE FUNDING AGREEMENT DATED DECEMBER 19, 2006 Between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY And BOYNTON VILLAGE, LLC WHEREAS, on December 19, 2006 the BOYNTON BEAC14 COMMUNITY REDEVELOPMENT AGENCY ("BBCRA") and BOYNTON VILLAGE, LLC entered into a Direct Incentive Funding Agreement(the "Agreement") relative to the Project known as the "Preserve"; and WHEREAS,the Agreement provided that the Developer was to set aside fifty (50) units designed to be affordable access units; and WHEREAS, on January 8, 2008 the parties entered into a First Amendment to Direct Incentive Funding Agreement which increased the eligibility threshold from 120%to 140%of Median Household Income as set by the United States Housing and Urban Development (HUD) for the year 2006; and WHEREAS, the present economy has caused significantly reduced demand for the purchase of units in the Project; and WHEREAS, the Developer has requested that the eligibility requirements for potential buyers be modified to include rental opportunities; and WHEREAS, the GRA intends to continue to provide incentive funding to the Developer for homeownership opportunities and to provide incentive funding for rental opportunities on the basis set forth herein. NOW THEREFORE, in consideration of the mutual covenants set forth herein and other lawful consideration, the Agreement is amended as follows: Section 2 is amended to insert the following paragraph after the paragraph entitled"Affordable Access Unit"and shall read as follows: "Affordable Access Mental Units" means not less than 100 units committed by the Developer (or its assigns) as affordable rental housing which shall be rented to individuals and families earning 60% or less of Median Household Income for Palm Beach County as set by the United States Housing and Urban Development("HUD"). Section 5.1.1 is amended to read as follows: 5.1.1. Developer agrees to set aside fifty (50) units designated as Affordable Access Units and at least 100 units as Affordable Access Rental Units. TADEVELOPMENTMe Preserve-CornerstoneTreserve DIFA\DIFA Second Amendment-2010(3).doc 1 Section 5.1.2 is amended to read as follows: 5.1.2. Developer agrees to reduce the price of the fifty (50) units designated as Affordable Access Units by Sixty Thousand and No/100 Dollars ($60,000.00) for the Cypress Model, Fifty Thousand and NO 00 Dollars ($50,000.00) for the Palm Model, and Forty Thousand Dollars ($40,000.00) for the Banyan and Hibiscus Models (see attached Price List marked as Exhibit "C"which is attached hereto and made a part hereof) to buyers whose income does not exceed 140% of Median Household Income ("MHI") for Palm Beach County as set by the United States Housing and Urban Development("HUD") for the year 2006. Developer also agrees to rent not less than 100 units at the rental rates outline on Exhibit G1 (as may be increased from time to time by HUD). Proof of income qualification for the Affordable Access Units and Affordable Access Rental Units shall be provided to the CRA prior to any disbursement of Pledged Project Increment Revenue. Examples of acceptable forms of proof include HUD closing statements executed by the buyer and seller; copies of two years of tax returns, and/or paycheck stubs for all adults in the buyer's family for the two weeks prior to closing including proof of family size. Section 5.2.2 is amended to read as follows: 5.2.2. With respect to the Affordable Access Unit component of the Program, the CPA must examine the qualifying income data for every purchaser identified as a qualifying purchaser pursuant to the Affordable Access Unit requirements and must certify, in writing, the eligibility of all such qualifying Purchasers under the Program. The written opinion must include verification of the number of residential units which are owned by qualified purchasers. Developer must provide all necessary documents to conduct the audit including, but not limited to, the executed deeds and closing statements. If requested, Developer shall also provide such information as may be requested regarding the Affordable Access Rental Units. Section 5.2.7 is amended to read as follows: 5.2.7. Exceeding the agreed upon requirements of the 50 Affordable Access Units or 100 Affordable Access Rental Units shall not entitle Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the other Affordable Access Requirements in earlier years hereunder. Section 6 is amended to read as follows: Section 6. Direct Incentive Funding. The direct incentive funding provided for under this Agreement is granted to Developer for the purpose of offsetting, in part, Developer's cost of creating one hundred fifty (150) affordable residential units. Section 6.1 is amended to read as follows: 6.1. Direct Incentive Funding Formula and. Term. The CRA hereby agrees to direct fund, that is, to pledge and assign to Developer for a period of ten T:IDEVELOPMENTIThe Preserve-Cornerstone`Preserve DIFAUFA second Amendment-2010(3).doe 2 (10) consecutive years, as provided herein and below, an annual amount which equals the Pledged Project Increment Revenues as set forth in subsection 6.1.C. herein less any amounts deducted pursuant to the terms of Section 5 above due to the failure of Developer to comply with the Affordable Access Requirements of this Agreement. A. The Pledged Project Increments Revenue shall be awarded pro rata based on the proportion of Affordable Access Units sold to eligible buyers and Affordable Access Rental Units rented to eligible tenants. For example, if ten (10) percent of Affordable Access Units are sold and/or rented in the first year which the Developer elects to receive the Project Increment Revenues, Developer (or its assigns) is entitled to 10% of the eligible Pledged Project Increments Revenue that year. If, the following year 100% of Affordable Access Units are sold and/or rented, Developer (or its assigns) is entitled to 100% of the Pledged Project Increments Revenues that year and in continuing years until the ten-year period has terminated. See Exhibit E attached hereto and made a part hereof for the estimated Pledged Project Increments Revenue Calculation for this Project. B. Developer shall have the option to postpone the first Pledged Project Increments Revenue disbursement to the following year at Developer's option with written notification provided to the CRA in advance of the disbursement. C. For the first through fifth disbursements of the Pledged Project Increments Revenue, the Developer shall be entitled to 75% of the Project Increment Revenues. For the sixth through tenth disbursements, the Developer shall be entitled to 25% of the Project Increment Revenues. Section 6.2 is amended to read as follows: 6.2. Commencement and Conditions of Funding. The ten (10) year term for each Phase for the receipt of Pledged Project Increments Revenue shall commence in the year that the following conditions are met: A. The Project is Substantially Complete, B. The completed improvements of each Phase have been placed on the Tax Roll; C. The CRA has determined that Project complies with the commitments and with all of the terms and provisions of T:IDEVEI_OPMENT\The Preserve-ComerstoneTreserve D[FAUFA Second Amendment-2010(3).doe 3 this Agreement; D. All requirements as set forth within this Agreement have been complied with by Developer; and E. The CRA has received Project Increment Revenues from such improvements. However, this Agreement and the initial ten (10) year term for each Phase for the Receipt of Pledged Project Increments Revenue shall be automatically extended for an period of time equal to each year that funds are not disbursed to Developer by the CRA for reasons other than the failure of Developer to comply with the Affordable Access Requirements of this Agreement. Section 8.5 is amended to read as follows: 8.5. Notices and other Communications. Whenever it is provided herein that notice, demand, request, consent, approval or other communication shall or may be given to, or served upon, either of the parties by the other (or any recognized mortgagee), or whenever either of the parties desires to give or serve upon the other any notice, demand, request, consent, approval or other communication with respect hereto or to the Project, each such notice, demand, request, consent, approval or other communication (referred to in this Section 9.4 as a"'Notice") shall be in writing (whether or not so indicated elsewhere in this Agreement) and shall be effective for any purpose only if given or served by (i) certified or registered United States Mail, postage prepaid, return receipt requested, (ii) personal delivery with a signed receipt or (iii) a recognized national courier service, addressed as follows: If to Boynton Village: Boynton Village, LLC c/o Cornerstone Group Development, LLC Attention: Leon Wolfe 2100 Hollywood Boulevard Hollywood, Florida 33020 With Copies to: Michael Weiner, Esq. Weiner& Lynne, P.A. 10 SE 1 st Avenue Delray Beach, Florida 33444 If to CRA: Boynton Beach Community Redevelopment Agency Lisa Bright, Executive Director 915 South Federal Highway Boynton Beach, Florida 33435 T:\DEVELOPMFNT\Thc Preserve-cornerstoneTreserve DIFAIDIFA Second Amendment-2010(3).doc 4 With. Copies to: James Cherof, Esq. Goren, Cherof, Doody& Ezrol 3099 E. Commercial Blvd. Suite 2.00 Ft. Lauderdale, FC, 33308 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. SIGNATURES ON FOLLOWING PAGE T:IDEVEL0PMENTIThe Preserve-CornerstoneTreserve DIFAIDIFA Second Amendment-2010(3).doc 5 WIT BOYNT N VILLAGE, LLC By:_ Print name: - Print name: Title: , 4 Date: Print name, BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY B ' Print name: t 'Y Y Print n e: ` itle: Chairperson Date: ' Print T:IDEVEL0PMENT1The Preserve-CornerstoncTreserve D1FAIDIFA Second Amendment-2010(3).doc STATE OF FLORIDA 640 0 SS: COUNTY OBEFORE FA -,pean officer rson u ° duly authorized by _ to dm pas a d take acknowledgments �of � � a eared / f G >! and acknowledged under oath that 1- has exe uted the foreg ing Agreement as the proper official of for the use and purposes mentioned herein and that the instrument is the act and deed of . He/she is personallknowrL to me or has produco as identification. IN WITNESS F T/HE FOREG I ha v m hand and Official seal at in the State and County aore,9'aid on this ay of 2008. ot�R p e•4, LEYANI ROMAN ,1 my CWSSION t all783395 Ota1'y u 1C, State EXPIRES:Ap6i 28,2012 Of FlOrlda at Large QTRV,"R; Bw,9dItruBudgstNotary Soly! r My Commission Expires: STATE OF FLORIDA SS: COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths and take aowiedgments, personally appeared - ;', �` as TnW -Vk Of BOYNTON BEACH 6 CO MI ITY REDEVELOPMENT AGENCY, and acknowledged under oath that he/she has executed the foregoing Agreement as the proper official of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, for the use and purposes mentioned herein and that the instrument is the act and deed of BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY. /she is personally known to m—�or has produced as identification. ---IN WITNESS OF THE FOREG NG, I hav set m hand and official seal at in the State and County aforesaid on this ay of o I 4Al otary Public, State of Florida at Large My Commission Expires: ACK MMY bN - of i • Comm.Exph Jon 11,2014 Comml n 0 DD 951135 '''P;+;'i• 8o Theo National NWOU Assn.. TADEVELOPMENT1The Presene-CornerstoneTreserve DIFA\DIFA Second Amendment-2010(3).doc 7 EXHIBIT "C-1" Rental Rate List' 2-Bedroom units: $924.00/month 3- Bedroom units: $1,059.00/month Rental Rates are subject to annual adjustment based upon HUD's annual release of incomes for Palm Beach County. T:IDEVELOPMENTIThe Preserve-CornerstonellTreserve DIFAIDIFA Second Amendment-2010(3).doc $ Exhibit "E" Pledged Project Increments Revenue Formula Examples #of Affordable #of Affordable Access Access Rental Units Rental Units Sold Sold and/or Rented %m of Eligible TIF and/or Rented %p of Eligible TIF 3 2%® 78 52% 6 4% 81 54% 9 6% 84 56% 12 8% 87 58% 15 10% 90 60% 18 12% 93 62% 21 14% 96 64%q 24 16% 99 66% 27 18% 102 68% 30 20% 105 70% 33 22%Q 108 72% 36 0.24 111 74% 39 26% 114 76% 42 28% 117 78% 45 30% 120 80% 48 32% 123 82%4 51 34% 126 84% 54 36% 129 86% 57 38% 132 88% 60 40% 135 90% 63 42% 138 92% 66 44% 141 94% 69 46% 144 96%v 72 48% 147 98% 75 50% 150 100% T:IDEVELOPNIENT1The Preserve-CornerstoneTreserve DIFAIDIFA Second Amendment-2010(3).doc 9 Boynton Village, LLC Compliance Audit. . September 30, 2017 and 201E Boynton Village,,LLC TABLE OF CONTENTS Page INDEPENDENT AUDITORS' REPORT 1-2 NOTES TO INDEPENDENT AUDITORS' REPORT 3-5 SUPPLEMENTAL SCHEDULES 7-10` isi.� CERTIFIED PUBLIC ACCOUNTANTS OMPASTl�l 1VANI] CONSULTANTSINDEPENDENT AUDITORS' REPORT To Mr. Leon Wolfe,.PresidentBoynton Village, LLC 2100 Hollywood Boulevard Hollywood, FL 33020 Compliance We have audited the compliance of Boynton Village, LLC as of September 30, 2017 and 2016pursuant to .contractual. requirements with the Boynton Beach Community Redevelopment Agency under Section 5.2 of the Direct Incentive .Funding-Agreement, as amended (the "Agreement"). The purpose of this report is to communicate the results of the compliance audit and applicable recommendations, if any, as discussed in the accompanying notes #o the independent auditors' report and Schedules A and B. Management's Responsibility Management is responsible"for complying with the Agreement and program requirements with the Direct Incentive Program for Workforce Housing" Guidelines (the "Program") approved by the Boynton Beach Community RedevelopmelitAgency; and-for the accuracy and completeness of the management and financial informationinconformity with the requirements provided under the Agreement,whether due to fraud`or.error. AuAuditors'.Responsibility Our responsibility is to express an opinion.on.Boynton Village; LLC's compliance based on our audit pursuant to Section 5.2 of the.Agreement: We conducted our compliance audit in.accordance with 'generally accepted auditing standards established by the American Institute of Certifed.Public Accountants; and under the provisions set'forthunder the Agreement. 'Those.standards. require that we plan and,perform the,audit to obtain reasonable assurance about-whether noncompliance with the compliance requirements referred to above occurred thatcould"have a material effect on the.Program. An.audit.includes examining; on a test basis, evidence about Boynton Village, LLC's compliance with thoserequirements and performing such other procedures, as "we .considered necessary in the circumstances. We believe that our auditprovides a reasonable basis for our opinion. Our audit does not provide a legal determination of Boynton Village, LLC's compliance with those requirements. Members of:American Institute of Certified Public Accountants•Florida Institute of Certified Public Accountants Member Firm of CPA Associates International,Inc: FK -The Royal Palm Building 1000.S.Pine Island Road,Suite 440 Plantation,Florida 33324-3904 Broward:(954).236-8600•Miami=Dade: (786)369--8600•Boca Raton: (561)910-8600 Facsimile"(954)236-$603 Website:http://wwwfiskeco.com• Email:fiske@fiskeco.com Vire believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, Boynton.Village; LLC .complied, in all material respects with,the compliance requirements under the Agreement as.'of September 30, 2017 and 2016. Other Matters - In connection with our compliance audit, nothing"came to-our attention that caused us to believe that the Company failed to;comply with the terms, covenants, provisions, or conditions:of the Agreement, insofar as they relate to accounting matters. We were not engaged to, and did not,_conduct.an a-kamination, the objective of which would be "the expression of an opinion"on the effectiveness of internal control. Accordingly, we do not" express such an opinion.Had we performed additional procedures,other matters might have come to our attention that would have been reported-.to you. We received a CRA Memorandum in response to our 2015 Complianae'Audit: In consideration of this'mem' orandum, we'have restated certain aspects "of the 2015 Compliance.Audit; detailed in Note 5. Report on Supplementary Information Our compliance audit was conducted for the purpose"skated above: Schedules A and,B are presented for purposes.of.additional analysis and is not a required part of the'compliance audit report.',Such information is the responsibility of management and was derived,from and relates directly to the underlying accounting and other records used to prepare the complianceaudit report. The information has been subjected.to compliance procedures.required under;section 5.2 of the Agreement and in accordance with auditing standards generally accepted in the United States of 'America:In our opinion,.the information presented_ complies with the terms,covenants,provisions, or conditions of the Agreement. Restricted Use Relating to the Other Matters The communication related to compliance with the aforementioned Program described in the Other Matters paragraph is intended solely for the information,and use.of the boards.of directors and management.of Boynton Village; LLC and Boynton Beach Community Redevelopment Agency and.is not intended to be and should not be.used by anyone other than these specified parties. February 9,2018 Fiske &°Company Plantation,Florida Certified Public Accountants Note l.. Background Boynton Beach Community Redevelo merit Amu "CRA" Under.Florida law(Chapter 163,Part III),local governments are able to designate-selected portions of a City.as Community Redevelopment Areas where slum and-blight exist. The CRA improves - deteriorated areas through revitalization efforts'which improves the property values within_ the designated CRA area and increases property tax revenues. The Boynton Beach Community Redevelopment Agency("CRA") is responsible for developing' and implementing the Community Redevelopment Plans that addresses the unique needs of the . targeted area. The funding source for CRA redevelopment initiatives is tax increment financing ("TIF"), a unique toot available to cities and counties for redevelopment activities.. It is used to. leverage. public funds to stimulate redevelopment.activity in the targeted area without raising taxes. The dollar value of all real property in the Community Redevelopment Area is determined.as of the base year; .the year the CRA .is established. Taxing authorities, which contribute;`to. the tax increment, continue to receive property tax reventies' based on the base year values:;Any tax ,. revenues from increases in real property value, referred to as "increment," are deposited into the Community Redevelopment Agency Trust Fund and dedicated to the redevelopment area: Any, -funds received from a tax increment financing area.must be used for specific.redevelopment purposes within the.targeted area, according to Florida Statutes. I The non-exempt ad valorem tax base from the CRA 'is frozen the year the Community Redevelopment Plan is.adopted (July 1 deadline each year). Any incrrease::in taxes goes to the. . CRA. Tax.revenue increases because redevelopment increases the value of the property. Without. redevelopment, the tax revenue would continue to decrease as the area becomes more and more- blighted. When the Plan has been-implemented,the:tax base for local government.will have been: ' significantly increased. Direct Incentive Financine Aeieernent i. Boynton Village, LLC (the "Company") is,a limited liability company domiciled.in"the State of Florida in 2004,.and was organized.primarily For.the purpose of developing, selling, and leasing, real property in Boynton-Beach, Florida. During 2006, the Company :entered into a Direct Financing Agreement("DIFA'-'or the"Agreement")with the CRA.Under the DIFA,the Company applies.to receive TIF funding by complying with the terms,covenants,provisions,-and conditions specified under the agreement. These provisions include evaluating prospective purchasers and . making determinations whether the purchasers meet the criteria as low-income buyers.or renters. The Company is also required to offer reduced rental and sales prices on residential units"for qualified purchasers or renters to ensure"affordability"of the units: j - -3- Note 2. Results of the Audit Objectives Under Section 5.2.2 of the DIFA,the audit objectives are as follows: • -"With respect to the Affordable.Access Unit component of the-Program, the CPA must examine the qualifying,income data for every purchaser identified as a qualifying purchaser pursuant to the Affadable Access Unii requirements and must cert: • In writing, the eligibility of all such qualifying Purchasers'under the Program.. • . The written opinion must include verification of the number of residential units which are owned by qualified purchasers: Developer must.provide all necessary documents to r conduct the audit including, but not limited to,the executed deeds and closing statements:" Findings No.findings of noncompliance were noted. Note.3. Qualified Affordable Access Units The Company sold and rented a total of 137 and.-1.36 .qualified lAffordable Access Units as of Sepfember 30,2,017 and.2016,respectively,which is.approximately 41%o of the 150 unitsrequired under the amended DIFA for each year presented..See Schedule Afor more details Affordable Access Units Sold During the Period from December"12,2006_("Agreement Date")through September 30,2015;the Company sold'a total of 23 Affordable Access Units to income qualified,.eligible�purchasers under the agreement. The required disclosures under the DIFA were made:on recorded deeds. During the periods from October 1;2015 through September 30;2017,.the Company recorded no additional sales of'Affordable Access Units to qualified purchasers. The Company-is:not.privy to records of purchasers other than those whom contracted with them. under the original purchase.agreements.Other information obtained by the Company on subsequent transactions including sales,foreclosures;,or otherwise transferred property that was originally sold 'by,the Company,is insufficient for reporting purposes under the DIFA. Affordable Access Units.Rented There are 114 and 113 eligible renters of Affordable Access Rental Units rented by qualified.renters under the Agreement at September 30,2017 and 2016,.respectively. -4- Note 4. Project Increment Revenges In order to determine the,amount of TIF funding owed to the Company for e'ach,year according to the DIFA"and Florida Statute, the amount owed to the Redevelopment Trust for the year is determined first. Per Florida"Statute(Chapter 163.387(1)(a)),95%of City and county ad valorem property,taxes assessed on project units' taxable value in excess of base year value are owed to the redevelopment fund. For each year presented, the Companyis owed. 75%,of the amount received by the redevelopment fund per DIFA.Please see Schedule A for detailed calculations. For 20177 and 2016;the Company:is.owed.$94,953 and$89,650,respectively.Payment is,due upon acceptanceand approval by the Boynton Beach Community Redevelopment Agency. The Company is eligible to apply for such tax increment revenues created.from the project annually for a term of tenyears,which,it anticipates participating in during those years. Note 5. Correspondence with.CRA and Restatement of 2015 Ipcentive Calculation'" A.s"a result of a February 2016.CRA'Memorandum received in response to the 2015. Compliance, Audit, the 2016 and 2017 Incentive calculations differ from the,2015.Incentive.calculation in the . following ways: 1: 2017 and 2016 values of Preserve at,'Boynton Beach.properties are derived from2017 and 2016 Taxable.Values per the Palm Beach County Appraiser. 2. Per Florida.Statute detailed in Note 4 above, 95%of increment revenues are received by . the redevelopment trust and per DIFA, the.Company is entitled to, 75% of incremental revenues received;by redevelopment trust(years 1.through 5.per DIFA): With the exception of the above,,the 2017 and 2016 Incentive Calculation is identical to,the 2015 Compliance Audit calculation. Incorporation of the above changes to the amounts reported in the.initial 2015 Compliance Audit results in thefollowing restatements and amounts due to Boynton Village,"LLC.: As stated As restated Total 2015 Taxable Value $ 8,776,200 *Sch.A,pg. 7 $ 11,871,085 Net Increase in Value. 7,751,200 *Sch.A,pg.. 7 . 10,84.6,085 TIF Revenue Created by Project 89,755 *Sch.A,pg. 7 . 125;624 Amount due to redevelopment fund NIA not stated 1.19343 Amount due to Boynton Village,LLC 67,331 *Note 4,pg. 5 89,507 Amount due.to Boynton Village,LLC (2015) $ 89,507 Less:Amount paid by CRA in response to initial audit 45,7.79 R�l.�iyo�1�,�'1'��^.�"'�.^. �T;1N i f!� Q' A'x •7'Tq =Please see attached initial 2015 Compliance.Audit attached -5- . SUPPLEMENTARY SCHEDULES i -6- Boynton Village,LLC Com pliance Audit Schedule A September 3.0,2017 and 2016 Calculation of Project Increment Revenues Sept.3.011 2017 Sept.30,2016 Taxable Value Taxable Value . Qualified Affordable Access Units Sold or Rented at September 30,-2017&2016; . Affordable Access Units-Sold to Qualified Purchasers . 23 *) $. 2,064,66.7' 23 *} $ 100,515 Affordable Access Units-Rented to Qualified Renters 114 *) 6,441,000 113' *) 6,441;000 Other Units:` n/a *) 4,029,578 n/a 3;632;754 137 $ 12;535,245. : . 1.36 $ 11,964,269 Unqualified-Units` . 13 1,4 Total Units.Sold... 150 150 Less:Value of the Project-Base Year 2004(See DIFA) $ 1,025,000 $ 1;025,000 Net Increase in Value A)$ 11,510,245 A).$.' 10,939,269 Percentage of Qualified Units Sold or Rented to Total Units.Sold(rounded-see above) B)X ..91.3% B)X 90.7% Millage Rates: City of Boynton Beach Millage Rate per 1;000 7.9000, 7.9000 Palm Beach County Millage Rate per 1,000- 4.7815 4.7815: 'Combined Millage Rate per.1,000 C)X 12.6815 C)X �12.6.815 TIF.Revenue.Created by Project(rounded-D='AxBxC) D)$ 133;268 ". D)$ 125,825 Calculation of TIF Revenues due to`Boynton Villa e. Percentage of TlF Revenue'due to-redevelopment fund-(per Florida Statute 163:187(1)(a) E)X 95% E) X , 95% Amount due to redevelopment fund(rounded"-F. DxE) F) $ 126,605 F).$ 1.19534 Percentage of TIF Revenue due to developer,Boynton Village,LLC(per DWA years 1 through 5) G)X 75% G)X 75% Amount due to Boynton Village,LLC(rounded-H=FxG) H)$ 94,953 H)$ 89,650 *)_See attached Schedule B for detail dee accompanying independent auditors'report Boynton Village,LLC Compliance Audit Schedule B September 3.0,2017 and 2016 Boynton Village,LLC Affordable Access Units-.Sold to Qualified Purchasers: 2017 2016 Address Building, . Unit Taxable Value Taxable Value. 1990 NE 5TH ST 2: 202 $ 134;000 $" 124,000 1966 NE'5TH.ST 2 206 126,000 116,000. 1.948 NE STH ST 2, 209 72,600 66,000 1942-NE 5TH ST 2 '210 1-26,000 1.16;000 1848 NE 6TH,ST 9 904 25,600 25,000 1-842 NE 6TH ST 9 905 .9.5,167 :. 86;51.5 1824 NE 6TH ST 9 908 107,800 98,000 1818 NE 6TH ST 9 . 909 112,000 102,000 -1743 NE 6TH ST 1.2 1205 112,000 102,000 1747 NE 6TH ST 12 1206 ,107;800 98,0.00 1751 NE 6TH ST 12 1207 112,000 102,000 1755 NE 6TH ST 12 1208 108,000 98,000 . 1759 NE 6TH ST. - 12 1209 112,000 102;000 . NE 6TH ST 12 12-10 107,800 9$,000 . 1726 NE-6TH ST 13 1304 120;000- . : 110,000 1722`NE 6TH ST13 1305 25,000 25;000 1714 NE 6TH ST 13. 1307 25,000 '25,000. 1826 NE 5TH ST 1405 14 1405" .104,500 95,000 1802,NE 5TH.ST 1408 14 1408 1819 NE 5TH ST - 15 1503.183 5NE.5TH ST , 15 1505 . :1.12,000 102,000 1843 NE 5TH ST .15 1.506 108,000 9.8,000 1851 NE STH ST 15 1507 112,000 1,62,000. 2311 1 2,064667- 3 1,890,51.5 Boynton Village,LLC Affordable Access Units-Rented to Qualified Renters:. , #of Units_ .2017 2016. Address Building in Bldg Taxable-Value Taxable'Value 1901 NE 5TH ST 1 14 $ 791,000 $ 791;000 2001 NE 5TH ST 3 . 12 678,000 678,000 501 NE 19TH AVE 4 14 791,000 791,000 502 NE 19TH AVE 5 - 14 791,000 791,000 2008 NE 6TH ST 6 10 565,000 565,000 1900.NE 6TH.ST 7 12--- . 678,000 6787000 1901 NE 6TH ST 8 14 791,000: 791,000 1803 NE 6TH ST. 10 14 791,000 791,000 1748 NE 6TH ST 11 10 565,000 5655000 114- $ 6,441;000 $ 6,441,000 ^: As of September 30,2017 and 2016" = 12 Bldg.7 Units and 114 Total Units as of September 30,2017 and 11 Bldg. 7. Units and 1.13 Total Units as of September 30,2016 See accompanying independent auditors'report -8- Boynton village,LLC Compliance Audit, Schedule B(continued) September 30,2017 and 2016 Other Units: 2617„ 2016. Address Taxable,Value. Taxable Value .1866 NE 6TH ST $: 56;500 $ 56;500 1860 NE 6TH ST 56,500 56,500 1854 NE 6TH ST 56500 56,500. 1836 NE 6TH ST : 56,500 56,500 1830 NE 6TH ST 56,500 56,500` 18.12 NE 6TH ST. 56,500 56,500 1.806 NE 6TH ST'. 56,500 56,500 1800 NE-6TH ST 56,500. 56,500 1867 NE 5TH ST 99,559 96,508 1875 NE STH ST 74,669 67;881 185.9 NE 5TH.ST - 92,238 83,853 1827 NE 5TH ST 107,800 98,000 1803 NE 5TH ST- 99,559 90508 . 181.1 NE STH ST 90,200 82,000 1767 NE 6TH'ST 106,879 97;16.3'- 1771 7;163 .1771 NE 6TH ST. 81,990 74;536. 1739 NE 6TH ST 99,559: 901508 1735 NE 6TH ST : 1.12,000 1.02,000 1727 NE 6TH ST 106,879 97,163 1731 NE 6TH'ST 92,000 82,000 1866 NE 4TH ST. 181ONE 5TH ST.14.07. 1034001 94,000 1818 NE 5TH ST 1406 107,800 98,000 1834 NE 5TH"ST 1404 120,000 110;000, 1.842 NE 5TH ST,140366,394. 64,000" 1850 NE'5TH ST 1402 128,000 118,000 1858'NE5TH ST 1401 92,000 82,000 1702 NE 6TH ST 128,000 11$,000;. 1706 NE 6TH ST 103,400' 94,000 1710 NE..6TH ST 120;000 110,000 1718 NE 6TH ST 120,000 110,000 1730 NE 6TH ST 124,000 114,000 1734 NE 6TH ST 128,000 118,000 1.738 NE 6TH ST 69,25.2 62,956 1918. NE 5TH ST 77,000 70,000 1924 NE 5TH ST ti 0,000 100,000 1930 NE 5TH ST 114,000 104,000 1936 NE 5TH ST 80,000 120,000 Continued next page See accompanying independent auditors'report -9- Boynton.Village,LLC Compliance_Audit, Scbedule B(continued) September 30,2017 and 2016 Outer Units(continued): 2017 2016 Address Taxable Value Taxable Value 1954 NE 5TH ST $ 126,000 $ 116,000. 1960 NE 5TH.ST 253000 25,000 1972-NE 5TH ST 1-30,000 93,170 1978 NE 5TH-ST. 114,000 90,50$ 1984 NE 5TH ST 130,000 25,000 1996 NE 5TH ST 98,000 88.-000 $ 4,029;578 $ 3,63.2,754 I . ;i See accompanying independent auditors'report -10 LEWISAttorneys a1: Law LLW LONGMAN lw-law.com WALKER Tara W. Duhy tduhy@llw-law.com Reply To: West Palm Beach Office March 19, 2018 Leon Wolfe, President Boynton Village, LLC 2100 Hollywood Boulevard Hollywood, FL 33020 Dear Mr. Wolfe: Please accept this letter in response to your request to the Boynton Beach Community Redevelopment Agency for disbursement of funding pursuant to the Direct Incentive Funding Agreement dated December 12, 2006, as it has been amended (DIFA). After reviewing the audit, we have determined that additional information is required. Please provide the Florida Housing Finance Corporation Program Report — Recap of Tenant Income Certification Information for the period from 12/31/2016 to 12/31/2017 to support your request for disbursements for 2017. The CRA cannot comply with your request for reimbursement for years prior to 2017. Pursuant to the DIFA, the required Audit and supporting documentation must be submitted annually in order to be considered by the Board for reimbursement no later than April following the ad valorem tax year. In this case, the documentation was not timely submitted and therefore you are not eligible for reimbursement. Please feel free to contact my office with any questions. Very truly yours, PV Tara W. Duhy TWD/lb cc: Michael Simon Vicki Hill JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALL BEACH 245 Riverside Ave.,Suite 150 315 South Calhoun St.. Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Cir., Suite 1500 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach, Rord�i 33401 T 904.353.0410 T: 850.222.5702 T: 941.708.4040 T, 561.640.0820 F: 904.353.7619 F: 850.224.9242 F: 941.708.4024 F: 561.640.8202 Sec Things Differently` 00958051-1 000 (0 O 00000 O 000 O 00 000 (o 0 L O (3) O 00000 O 000 O 00 LO 00 M ornorn O 000coo O orno O 00 rl LQq oc f co LLN co m w 0 CO O LO LO (3) LO LO LO Lo O Lo Lo LO LO r- (3) 00 O 0 F T C N e»e»e»e» , va va va v3 613 v3 6p,6p, 613 v3 va va v3 v3 v3 v3 v3 va v> O o o O 0 0 0 0 `o U 3 LL co co M N c O O O N0 LL N M N O E a O O O U 2 c N c EF6"( Ec EF2 ER ER ER 69 Y�! RO O ca co O 0 O O C -o O O O O O O O ' N N •Of •y O 00 0 d) i 00 O O N O O LQ C6 .0 O J U E � � 6 Ln � U f6 Q O LL to o o o O 6)' cfl cfl a) o o<i a) a) o f)f) <i -0 V3 V3 V3 V) (n O N a) OO0O O ONt O N N N dO co O ofOO Od) ' d) O sa) LL V coco ( N 0 o LO c O U ' N L Q e»e»e»e» � e» <» c» U e»e»e»U U e» m N N N a) a) a) a) a) O O N < co co co U U O O sa) a r r r r L) U o t t t t oM M m to to to to Q H) cfl cfl U to to to U U 69 (A H) to U 691 to to v) V) E 0000 O 00000 O 000 O 00 000 O U O 0000 OOOOOO O 000 O 00 000 O y U 0 0 0 0 ' 0- O O O O O O O O O O O O o 0 o O 0000 0 00000 0 000 0 00 0LO0 Ld `0 LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO It LO M w U rn d 'w e»e»e»e» e»e»e»e» e»e»e»e»e» e» e»e»e» e» e»e» e»e»e» (n ca a) v c 0 Q N J J Q ca ry c c O c: a) C U OLID a.o a L) m g d Q Y y J N O 0 In p) U O 0 3 Y co 3 0 O U In >a) J O a`fZ .O E `O E JQ Z n 2- r-- � Q O C U N N LL a3 a) J of O a) p 'O (0 P gip- E In > T U o��3 � H � N (7 asr � r .� LL c r N O N O _ CO O a) O Q a) 0 0 _ N m m U U O m a J a) 2 J U Z c 2 U N 7 7 LL Q LL LL o m Y -5 L)N d w w c U LL z E LL O LL Q M yma) LLo mmof = t �'n Ewe mai . CD 0L) > � o U m U 2 of of _ > Q J Q m J U z a a w w O T LL co 0 0 0 0 a) In In In a) U L U O U U O (� (� o U O U o o o o U a) a) a) N 0 0 O c 0 0 0 O O O O O O O O O N O O O a) O O O O O O O O L a) L O O O -r- O V 0 0 0 U N LL LL LL LL O O U U U m U LL U U LL O O LL U LL U V3 LL ILL Id a d c aa) s U) m t co m c t y o y 03 c � M � � � Y 2 co w � � � � E _0 � � N w � In Q o m m T'� E E c 3 o 2 o -o c — d y ca a) Y a) o o U O 0 m m H m .� o o-r- _j v a o J .� c o co (7 CO a� 0 w c (7 (7 J LL o c a rn D o c DU -o O cLL a) o o c � c s v i s m t a) s °� c > E -c 2 c o o d ~ Q O m 'm m o m m m m 3 '� ai .� L co m o o E LL U LL Y of of of � w 2 m 0 0 w U z a U J Y x � Q c 0 U d Y 0000 0 r- 0 0 00000 O 000 O O 000 r-- CL U d 0000 0c200 00000 O 000 O O 000 (o Q o J 7 N O O ( O 0 of O O of O O O of O O O Lo ' O O O O (c Y c J j ; N V 0 N 0 Ln Ln r" N N r" N c N r- 0 0 0 t N of N CO Nt p Uj y M N N N m O O : O : O N N N O O N O Q (� rn 0) ca (6 YO .0Q N Z t3 (6 V Q LL w O ca 7 Q ~co V-)6r,fR fR fF)fA fFJ fFJ fF)fFJ fFJ fFJ fFJ fF) fFJ fA fF) fF) 69 61) fR 691691 69 O LO LLI m C 0 0 0 0000 N N N N N N co M M V LO LO LO LO L) 0 N N N N (3) (3) (3) (3) N N N N d) d) d) O N N N N N N M M M V Ln Ln Ln Ln m LL ca ca ca Q Y U ,`o 0000 0000 00000 0 00o O .r Q ca of m s s s s s s s s s s s s s s s s s s s s s s m Ln Ln Ln Ln co co co co co co co co co co co co co Ln Ln Ln Ln Ln .� y w w w w w w w w w w w w w w w w w w w w w w o Ozzzz zzzz zzz z zzz z zZZ Q)� Q O 0 w N aJ N V LO d) O LO LO (o N N N IZI co V Ln ` OOOOaJ aJ OJ OJ r- r- r- r- r- r- r- r_ OJ OJ OJ OJOJ U ZM 0d Exhibit"E" Pledged Project Increments Revenue Formula Examples of Affordable w #of Affordable Access Access lRentall Units Rental Units Sold ° �. %Of Elie�ble TIF Sold and3 r Rented %of E2bible TIF andlor Rented 78 52% 6 4% 81 54% 9 6% $4 56% 12 8% 87 58% 15 10% 90 60% 18 12% 93 62% 21 14% 96 64% 24 16% 99 66% 27 18%t 102 68% 30 20% 105 70% 33 22% 108 72% 36 0.24 111 74% 39 26% 114 76% 42 28% 117 78% 45 30% 120 80% 48 32% 129 82% 51 34% 126 84% 54 36% 129 86% 57 38% 132 88% 60 40% 135 90% 63 42% 138 92% 66 44% 141 94% 69 46% 144 96% 72 48% 147 98% 75 50% 150 100% T:IDEVELOPMENTMe Preserve-ComerstonckPreserve DIFAIDIFA Second Amendment-2010(3).doc 9 Exhibit" " Pledged Project Increments Revenue Fonnula Examples of Affordable Access /o of Eli rb!ll .� #of Affordable �,. Access Units Sold %of Eiiible TIF Units Sold ° e TIF 2 26 52% 4% 27 54% 3 6% 28 56% 4 8% 29 58% 5 10% 6 30 60% 12% 31 62% 7 14% 32 64% 8 16% 33 66% 9 18% 34 68% 10 20% 35 70% 11 22% 36 72% 12 0.24 37 74% 13 26% 38 76% 14 28% 39 78% 15 30% 4® 80% 16 32% 41 82% 17 34% 42 84% 18 36% 43 86% 19 38%. 44 8s°v® 20 40% 45 90% 21 42% 46 92% 22 44% 47 94% 23 46% 48 96% 24 48% 49 98% 25 50% 50 100% I i I I i i i i c t w I OACO 3-Boynton Beach C -Comergone DIFA-10-27-06 21 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaiVPropertyDetaii.aspx?parcel=08434515250002020&srchtype=ADV&owner=&streetno=1990&prefixDOROTHYJACKS ... i Location Address 1990 NE 5TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-25-000-2020 Subdivision PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM Official Records Boob 27622 Page 1105 Sale Date JUN-2015 Legal Description PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM UNIT 202 Mailing address Owners 333 M ST SAN FRANCISCO NAVIGATION LLC HOLLYWOOD FL33 19 4505 Sales Date Price OR Book/Page Sale Type Owner JUN-201 5 $135,000 27622 /01105 WARRANTY DEED SAN FRANCISCO NAVIGATION LLC JAN-201 5 $57,600 27559/01612 WARRANTY DEED DALINO LLC SEP-2014 $20,100 27024/00630 CERT OF TITLE SUNTRUST MORTGAGE INC JAN-2008 $279,990 22443 /00002 WARRANTY DEED LAGANO SASHA No Exemption Information Available. Number of Units 1 *Total Square Feet 1561 Acres Use Code 0400-CONDOMINIUM Zoning - I Tax Year 2017 2016 2015 improvement Value $134,000 $124,000 $0 i Lang Value $0 $0 $0 i Total Market Value $134,000 $124,000 $33,200 All values are as of January 1 st each year 7 Tax Year 2017 2016 2015 Assessed Value $134,000 $124,000 $33,200 Exemption Amount $0 $0 $0 Taxable Value $134,000 $124,000 $33,200 Tax Year, 2017 2016 2015 i Ad Valorem $2,861 $2,707 $745 Nan Ad Valorem $218 $197 $197 Total tax $3,079 $2,904 $942 I I. http://www.pbcgov.com/papalAsps/PropertyDetaii/PropertyDetail.aspx?parcel=08434515250002020&srchtype=ADV&owner=&streatno=1990&prefix=N... 1/1 16/03/2018 www.pbegov.com/papa/Asps/PropertyDetaii/PropertyDetail.aspx?parcel=08434515250002060&srchtype=ADV&owner—&streetno=1966&prefixDOROTHYJACKS ... I CFAAU �{ Location Address 1966 NE STH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-25-000-2060 Subdi0slon PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM Official Records Book 29569 Page 1578 Sale Date DEC-2017 Legal Description PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM UNIT 206 Mailing address I Owners 1966 NE 5TH ST STE 206 ,DAGNIEWSKA MARGARET BOYNTON BEACH FL 33435 3512 Sales Date Price OR Book/Page Sale Type Owner DEC-2017 $160,000 29569/01 578 WARRANTY DEED DAGNIEWSKA MARGARET DEC-2014 $103,000 27240/00662 WARRANTY DEED NACK GARRY& SEP-2014 $100 27170/00104 WARRANTY DEED FEDRL HOME LOAN MRTG CORP JUN-2014 $53,300 26886/00846 CERT OF TITLE BANK OF AMERICA NA JUN-2007 $239,990 21938/01 160 WARRANTY DEED DICKENS FAITH i No Exemption Information Available. I Number of Units 1 *Total Square Feet 1557 Acres Use Code 0400-CONDOMINIUM Zoning - ax Year 2017 2016 2015 lmprovemet Value $126,000 $116,000 $116,000 Land Valine $0 $0 $0 Total Market Value $126,000 $116,000 $116,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $126,000 $116,000 $116,000 Exemption Amount $0 $0 $0 Taxable Value $126,000 $116,000 $116,000 Tax Year 2017 2016 2015 Ad Valorem $2,691 $2,532 $2,603 Non Ad Valorem $218 $197 $197 Totaltax $2,909 $2,729 $2,800 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515250002060&srchtype=ADV&owner=&streetno=1966&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaiVPropertyDetail.aspx?parcel=08434515250002090&srchtype=ADV&owner=&streetno=1948&prefix... Nofflftbad EaMption � DOROTHYJACKS � . 1 ,r; ,UAB Location Address 1948 NE 5TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-25-000-2090 Subdivision PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM Official Records Bonk 26418 Page 1540 Sale Date OCT-2013 Legal Description PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM UNIT 209 Mailing address Owners 1805 PONCE DE LEON BLVD STE 400 WPBGHB LLC CORAL GABLES FL 33134 4455 Sales Date Price OR Book/Page Sale Type Owner OCT-2013 $150,000 26418/01 540 WARRANTY DEED WPBGHB LLC MAR-2013 $88,000 25924/01740 WARRANTY DEED PALM BEACH FNCL SOLUTIONS LLC MAR-2011 $50,900 24436/00004 CERT OF TITLE HSBC MORTGAGE CORPORATION USA DEC-2007 $239,990 22384/01214 WARRANTY DEED BARBEE KATHLEEN No Exemption Information Available. Number of Units 1 *Total square Feet 1601 Acres Use Cove 0400 CONDOMINIUM Zoning Tax Year 2017 2016 2015 i Improvement Value $76,000 $66,000 $108,000 Land Value $0 $0 $0 Total Market Value $76,000 $66,000 $108,000 i All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $72,600 $66,000 $99,000 Exemption Amount, $0 $0 $0 Taxable Valine $72,600 $66,000 $99,000 Tax Year 2017 2016 2015 Ad Valorem $1,573 $1,441 $2,289 Non Ad Valorem $218 $197 $197 Total tax $1,791 $1,638 $2,486 http:// .pbcgov.co /papa/Asps/Props etaiVPropertyDetaii.aspx?parcel=0 34515250002090 srchtype=ADV&owner=&streetno=1948&prefix=N... 111 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515250002100&srchtype=ADV&owner=&streetno=1942&prefix... HomesWad --m DOROTHYJACKS 0 A ( {t Location Address 1942 NE STH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-25-000-2100 Subdivision PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM Official Records Boob 29328 Page 1452 Sale Date AUG-2017 Legal Description PRESERVE AT BOYNTON BEACH 2 CONDOMINIUM UNIT 210 Mailingaddress Owners 1942 NE STH ST#210 SIMMS MONIKA D BOYNTON BEACH FL 33435 3512 C Sales Date Price OR Book/Page Sale Type Owner AUG-2017 $160,000 29328/01452 WARRANTY DEED SIMMS MONIKA D JAN-2016 $108,000 28049/01649 WARRANTY DEED TRANS GLOBAL FINANCIAL LLC DEC-2014 $10 27596/01593 WARRANTY DEED FEDERAL HOME LOAN MRTG CORP NOV-2014 $25,700 27161 /00101 CERT OF TITLE JPMORGAN CHASE BNK NATL ASSN DEC-2007 $229,990 22384/01336 WARRANTY DEED BUREY ROXANNE I No Exemption Information Available. I Number of Units 1 *Total Square Feet 1 557 Ares Use Code 0400-CONDOMINIUM Toning Tax Year 2017 2016 2015 Improvement Value $126,000 $116,000 $116,000 ( Land Value $0 $0 $0 I Total Market Value $126,000 $116,000 $116,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $126,000 $116,000 $116,000 Exemption Amount $0 $0 $0 Taxable Value $126,000 $116,000 $116,000 Tax Year 2017 2016 2015 Ad Valorem $2,691 $2,532 $2,603 Non Ad Valorem $218 $197 $197 Total tax $2,909 $2,729 $2,800 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515250002100&srchtype=ADV&owner=&streetno=1942&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515330001848&srchtype=ADV&owner=&streetno=1848&prefix... DOROTHYJACKS < a k WtyAPF&1W xr � I "r Location Address 1848 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-33-000-1848 Subdivision PRESERVE AT BOYNTON BEACH 9 CONDO Official Records Book 24184 Page 362 Sale Date SEP-2010 Legal Description PRESERVE AT BOYNTON BEACH 9 CONDO UNIT 1848 Mailing address Owners 1848 NE 6TH ST SEYLER RACHEL BOYNTON BEACH FL 33435 3516 Sales Date Price ORBook/Page Sale Type Owner SEP-2010 $210,000 24184/00362 WARRANTY DEED SEYLER RACHEL Exemption Applicant/Owner Year Detail .SEYLER RACHEL 2018 Number of Units 1 "Total Square Feet 1557 Acres Use Code 0400-CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 Land Value $0 $0 $0 Total Market Value $108,000 $98,000 $98,000 All values are as of January 1 sit each year Tax Year 2017 2016 2015 Assessed Value $66,271 $64,908 $64,457 Exemption Amount $41,271 $39,908 $39,457 r Taxable Value $25,000 $25,000 $25,000 Tax Year 2017 2016 20315 Ad Valorem $644 $651 $670 Non Ad Valorem $218 $197 $197 Total tax $862 $848 $867 http://www.pbcgov.com/papalAsps/PropertyDetaii/PropertyDetai i.aspx?parcel=08434515330001848&srchtype=ADV&owner-&streetno=1848&prefix=N... 1/1 CFF 20100425745 OR BK 24164 PG 0362 This instrument prepared by,or under the RECORDED 11/09/2018 11:20:w supervision of,and after recording return to:: Palm Beach County, Florida ANT 210,000.00 Howard J.Vogel,Esq. Doc Stamp 1,470.00 Berra Rennert Vogel&AAandler P.A. Sharon R. Bock,CLERK & COMPTROLLER 10,"%,,2 n°Street,Suite 2900 geii,t�rida 33131 Pgo 0362 - 363; {2pga) A pf�arcel LD.No.: 08-43 45-15.03-000-0205 Grante I.D.No(s) (( (Reserved for Clerk of Court) SPECIAL WARRANTY DEED THIS S WARRANTY DEED is made and entered into as of the day of September 2010 by BOYNT VILLAGE, L.L.C., a Florida limited liability company, Grantor, whose office address is 2100 Ho}tod Blvd., Hollywood, Florida 33020 to Rachel Seyler, Grantee, whose mailing address is 1848 NE`s Street, Boynton Beach, FL 33435. Wherever used herein, the terms "Grantor" and "Grantee" shall ince, as to each party, to this instrument, its heirs, legal representatives and assigns. � D WITNESSETH: GRANTOR, for and I y, enation of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the re ` wand sufficiency of which are hereby acknowledged, has granted, bargained and sold, and by thes `.ents does hereby grant, bargain and sell to Grantee, the following described land situated and being irk each County, Florida(the"Property"): Unit 1848, of THE PRESERVE%, ecorded NTON BEACH 9, A CONDOMINIUM, according to the Declaration of Condomi in Official Records Book 23754, at Page 1217, of the Public Records Beach County, Florida, as amended and/or supplemented from time to tiher with an undivided interest in the common elements appurtenant thereto. TOGETHER WITH all the tenements, hereditaments and appurtenances thereunto belonging or appertaining thereto. THIS CONVEYANCE is subject to: taxes and assessments for the current calendar year and all subsequent years; zoning ordinances, restrictions, prohibitions and other requirements imposed by governmental authority; conditions, restrictions, reservations, limitations and easements of record, if any, but this reference shall not operate to reimpose same; all standard printed exceptions contained in the purchase agreement between Grantor and Grantee; all matters for which title insurance coverage is provided to Grantee; restrictions, conditions, easements, covenants, assessments, liens, terms and limitations set forth in (i)the Declaration of Condominium referenced above, and all exhibits thereto, all as amended and/or modified from time to time, and (ii) the Declaration of Covenants, Restrictions and Reciprocal Easements recorded in Official Records Book 21330, at Page 1936 of the Public Records of Palm Beach County, Florida and all exhibits thereto, as amended and/or modified from time to time (collectively, the"Declarations"). GRANTOR hereby warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, other than those matters described above. Grantee, by acceptance and recordation,of this Deed, expressly and specifically approves, accepts, covenants and agrees to be bound by and to assume performance of all of the applicable provisions and requirements set forth in the Declarations. Book24184/Page362 Page 1 of 2 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515330001842&srchtype=ADV&owner=&streetno=1842&prefix140mesbud EX0br6PftW0 ... Z) q, a MS S AV Location Address 1842 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-33-000-1842 Subdivision PRESERVE AT BOYNTON BEACH 9 CONDO Official Records Book. 23947 Page 1034 Sale Date JUN-2010 Legal Description PRESERVE AT BOYNTON BEACH 9 CONDO UNIT 1842 Mailing address Owners 1842 NE 5TH ST DESIR RALPH BOYNTON BEACH FL 33435 3504 Sales Date Price OR Book/Page Sale Type Owner JUN-2010 $210,000 23947/01034 WARRANTY DEED DESIR RALPH No Exemption Information Available. Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400 -CONDOMINIUM Zoning Tax Year 2017 2016 2015 Improvement Value $112,000 $102,000 $102,000 Land Value $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 I All values are as of January 1 st each year Tax Year 2017 2016 2015 i Assessed Value $95,167 $86,515 $78,650 Exemption Amount $0 $0 $0 Taxable Value $95,167 S86,515 $78,650 Tax Year 2017 2016 2015 Ad Valorem $2,146 $1,998 $1,940 (' Non Ad Valorem $218 $197 $197 Total tax $2,364 $2,195 $2,137 I http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515330001842&srchtype=ADV&owner=&streetno=1842&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515330001824&srchtype=ADV&owner—&streetno=1824&prefixDOROTHYJACKS , ... t t I A r � Location Address 1824 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Nurnlier 08-43-45-15-33-000-1824 Subdivision PRESERVE AT BOYNTON BEACH 9 CONDO Official Records Book 26261 Page 1001 Sale Date AUG-2013 Legal Description PRESERVE AT BOYNTON BEACH 9 CONDO UNIT 1824 Mailing address Owners 7431 W ATLANTIC AVE STE 34 TRYZUB INVESTMENTS INC DELRAY BEACH FL 33446 3505 Saps Date Price OR Book/Page Sale Type Owner AUG-2013 $126,500 26261 /01001 WARRANTY DEED TRYZUB INVESTMENTS INC SEP-2010 $215,000 24163 /00489 WARRANTY DEED CLEMENTJEWEL R F No Exemption Information Available. Number of Units 1 *Total Square Feet 1557 Acres Use Code 0400 -CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 Land Value $0 $0 $0 Total Market Value $108,000 $98,000 $98,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $107,800 $98,000 $90,200 Exemption Amount $0 $0 $0 Taxable Value $107,800 $98,000 $90,200 Tax Year 2017 2016 2015 Ad Valorem $2,303 $2,139 $2,082 Non Ad Valorem $218 $197 $197 Total tax $2,521 $2,336 $2,279 1 http://www.pbcgov.com/papalAsps/PropertyDetaii/PropertyDetail.aspx?parcel=08434515330001824&srchtype=ADV&owner—&streetno=1824&prefix=N... 1/1 16/03/2018 .pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetai i.aspx?parcel=08434515330001818&srchtype=ADV&owner-&streetno=1818&prefixDOROTHYJACKS ... -. CFA A - PWM such cotfi* Location Address 1818 NE 6TH ST Municipality BOYNTON BEACH c Parcel Control Number 08-43-45-15-33-000-1818 Subdivision PRESERVE AT BOYNTON BEACH 9 CONDO Official Records Book 26453 Page 948 Sale Date NOV-2013 Legal Description PRESERVE AT BOYNTON BEACH 9 CONDO UNIT 1818 Mailing address Owners INVITATION HOMES-TAX DEPT C/O 1717 MAIN ST STE I1-13 PROPERTY FLORIDA LP 2000 DALLAS TX 75201 4657 Sales Date Price ORBook/Page Sale Type Owner i NOV-2013 $130,000 26453 /00948 WARRANTY DEED I1-13 PROPERTY FLORIDA LP JUN-2010 $215,000 23947/01918 WARRANTY DEED SMITH EDWARD C JR No Exemption Information Available. Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400 -CONDOMINIUM Zoning Tax Year 2017 2016 2015 improvement Value $112,000 $102,000 $102,000 Land Value $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 All values are as of January 1 st each year I Tax Year 2017 2016 2015 Assessed Value $112,000 $102,000 $93,500 Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $93,500 Tax Year 2017 2016 2015 Ad Valorem $2,392 $2,227 $2,162 Non Ad Vaiorern $218 $197 $197 Total tax $2,610 $2,424 $2,359 http:/ .pb ov.co /papa/ ps/PropertyDetall/Prope etaii.aspx?par l=0 515330001818&srchtype=ADV&owner=&streetno=1818&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515290001205&srchtype=ADV&owner=&streetno=1743&prefix... l . $ CO Hormstead tEampUw 1 DOROTHYJACKS CFA,AM I " Location Address 1743 NE 6TH ST Municlpahty BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1205 I Subdivlsion PRESERVE AT BOYNTON BEACH 12 CONDO Offir.ial Records Book 29302 Page 1858 Sale Date AUG-2017 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1205 Mailing address Owners 303 N WARNELL ST VITAVIC LLC PLANT CITY FL 33563 3770 Sales Date Price OR Book/Page Sale Type Owner AUG-2017 $10 29302 /01 858 WARRANTY DEED VITAVIC LLC APR-2014 $135,000 26769/01 763 WARRANTY DEED MARINA PICCOLA LLC JAN-2014 $10 26615 /01745 QUIT CLAIM VERONA VENTURES LLC MAY-2013 $88,000 26074/00598 WARRANTY DEED VINAGRE ARIEL OMAR DEC-2007 $239,990 22384/01464 WARRANTY DEED GUERICH MARTHA No Exemption Information Available. i Number of Units 1 Total Square Feet 1601 Acres Use Code 0400-CONDOMINIUM Loving - Tax Year 2017 2016 2015 Improvement Value $112,000 $102,000 $102,000 Land Value $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 i All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $112,000 $102,000 $102,000 Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $102,000 i Tax,Year 2017 2016 2015 Ad Valorem $2,392 $2,227 $2,289 Non Ad Valorem $218 $197 $197 Total tax $2,610 $2,424 $2,486 1 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515290001205&srchtype=ADV&owner=&streetno=1743&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515290001206&srchtype=ADV&owner=&streetno=1747&prefixDOROTHYJACKS ... r CFA,AAS ! ,t i c 3, Pro t x; Location Address 1747 NE 6TH ST Municipailty BOYNTON BEACH Parcei Controa Number 08-43-45-15-29-000-1206 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Official Records Book 27878 Page 334 aie Date OCT-2015 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1206 ...:.ailing address Owners 3168 NW 88TH AVE VERGARA JESUS E SUNRISE FL 33351 7366 Sales Date Price OR Book/Page Sale Type Owner OCT-2015 $114,000 27878/00334 WARRANTY DEED VERGA JESUS E FEB-2014 $0 26620/01175 CERT OF TITLE FEDERAL NATIONAL MRTG ASSN APR-2013 $6,600 25915 /00908 CERT OF TITLE PRESERVE AT BOYNTON BEACH MAINTENANCE MAR-2012 $10 25054/00095 QUIT CLAIM SHAW SONYA i MAR-2008 $239,990 22582 /01089 WARRANTY DEED SHAW BRAD E& No Exemption Information Available. Number of Units 1 *Totai Square Feet 1557 Acres Use Cade 0400-CONDOMINIUM tonin - Tax Year 2017 2016 2015 Improvement.Value $108,000 $98,000 $98,000 Value a Land Vl $0 $0 $0 r' i Total Market Value $108,000 $98,000 $98,000 All values are as of January 1 st each year Tax Year 20117 2016 2015 Assessed Value $107,800 $98,000 $98,000 Exemption Amount $0 $0 $0 Taxable Value $107,800 $98,000 $98,000 Tax Year 2017 2016 2015 Ad Valorem $2,303 $2,139 $2,199 Non Ad Valorem $218 $197 $197 Total tax $2,521 $2,336 $2,396 h p:/ .pbegov.co /papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=0 34515290001206&srchtype=ADV&owner=&streatno=1747&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515290001207&srchtype=ADV&owner=&streetno=1751&prefix... cx c n DOROTHYJACKS IHoMat 1 MPUM CFA,AAS Pam&Wa i Location Address 1751 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1207 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Official Records Bonk 26632 Page 567 Sale Date FEB-2014 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1207 1 Owners Mailing address CECIONI ALEJANDRO J & 6304 POWERLINE RD :CECIONI MARCO A FORT LAUDERDALE FL 33309 2020 Sales Date Price ORBook/Page Sale Type Owner FEB-2014 $136,000 26632 /00567 WARRANTY DEED CECIONI ALEJANDRO J & OCT-2013 $100,400 26425 /01236 WARRANTY DEED MIAMI PROPERTY TRUST LLC DEC-2007 $239,990 22442 /01905 WARRANTY DEED OSOWSKY DAWN No Exemption Information Available. Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400 -CONDOMINIUM Zoning Tax Year 2017 2016 2015 Improvement Value $112,000 $102,000 $102,000 i Land Value. $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 i All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $112,000 $102,000 $102,000 Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $102,000 Tax Year 2017 2016 2015 Ad Valorem $2,392 $2,227 $2,289 Non Ad Valorem $218 $197 $197 Total tax $2,610 $2,424 $21486 1 http://www.pbcgov.com/papa/Asps/PropertyDetaiVPropertyDetaii.aspx?parcel=08434515290001207&srchtype=ADV&owner=&streetno=1751&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515290001208&srchtype=ADV&owner—&streetno=1755&prefix... And ExeMption HoM�ecu a ft� Locatlon Address 1 755 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1208 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Officlal Records Book 28274 Page 1364 Sale Date APR-2016 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1208 Mailing address Owners 1 395 BRICKELL AVE STE 900 LIOLAS LLC MIAMI FL 33131 3302 Sales Date Price ORBook/Page Sale Type Owner APR-2016 $128,000 28274/01 364 WARRANTY DEED LIOLAS LLC OCT-2015 $0 27846/00675 CERT OF TITLE FEDERAL NATIONAL MORTGAGE ASSOCIATION DEC-2007 $249,990 22384/01438 WARRANTY DEED BLACK DWAYNE s No Exemption Information Available. i Number of Units 1 Total Square Feet 1557 Acres Use Code 0400-CONDOMINIUM Zoning Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 Land Value $0 $0 $0 Total Market:Value $108,000 $98,000 $98,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $108,000 $98,000 $69,572 Exemption Amount $0 $0 $44,572 Taxable Value $108,000 $98,000 $25,000 Tax Year 2017 2016 2015 Act VMorern $2,306 $2,139 $708 Non Ad Valorem $218 $197 $197 Total tax $2,524 $2,336 $905 http:// .pbcgov.com/papa/Asps/PropertyDetail/Prope Detail.as x?par i=0 515290001208&srchtype=ADV&owner=&streetno=1755&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515290001209&srchtype=ADV&owner—&streetno=1759&prefixDOROTHYJACKS ... ac i a r !!a'yW}fly Location Address 1759 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1209 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO s Official Records Book 26396 Page 258 Sale Date OCT-2013 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1209 Mailing address Ornery 2080 S OCEAN DR APT 712 AMANECER 88 LLC HALLANDALE FL 33009 6681 i Sales Date Price OR Book/Page Sale Type Owner OCT-2013 $143,000 26396/00258 WARRANTY DEED AMANECER 88 LLC JUN-2013 $110,000 26172 /01471 WARRANTY DEED FLORIDA FORECLOSURE MGMT LLC DEC-2007 $239,990 22384/01411 WARRANTY DEED POAG ERICA I No Exemption Information Available. i i Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400 -CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $112,000 $102,000 $102,000 Land Value $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 All values are as of January 1 st each year i Tax Year 2017 2016 2015 Assessed Valve $112,000 $102,000 $93,500 Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $93,500 I Tax Year 2017 2016 2015 Ad Vaiorern $2,392 $2,227 $2,162 Non Ad Valorem $218 $197 $197 Total tax $2,610 $2,424 $2,359 i I http:/l .pbcgov.co /papa/Asps/PropertyDeta!VPropertyDetall.aspx?parcel=0 34515290001209 srchtype=ADV&owner=&streatno=1759&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515290001210&srchtype=ADV&owner=&streetno=1763&prefix... ..... Homestod ExemptionDOROTHYJACKSr CFA, g� CFA,AAS i Location Address 1763 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-29-000-1210 Subdivision PRESERVE AT BOYNTON BEACH 12 CONDO Official Records Book 29018 Page 127 Sale Date APR-2017 Legal Description PRESERVE AT BOYNTON BEACH 12 CONDO UNIT 1210 Mailing address Owners 43 BEACON HILL RD BEACONSTAR ASSOCIATES LLC MORGANVILLE NJ 07751 4204 Sales Date Price OR Book/Page Sale Type Owner APR-2017 $10 29018/00127 QUITCLAIM BEACONSTAR ASSOCIATES LLC APR-2013 $76,333 25950/01079 WARRANTY DEED RUDEL ALBERT W JR& JAN-2009 $211,000 23081 /01658 WARRANTY DEED THOMAS TEASHA& No Exemption Information Available. Number of Units 1 *Total Square Peet 1 557 Acres Use Code 0400 -CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 I Land Value $0 $0 $0 Total Market Value $108,000 $98,000 $98,000 All values are as of January 1 st each year Tax Year 2017 20116 2015 Assessed Value $107,800 $98,000 $90,200 Exemption Amount $0 $0 $0 Taxable Value $107,800 $98,000 $90,200 Tax Year 2017 2016 2015 Ad Valorem $2,303 $2,139 $2,082 Non Ad Valorem $218 $197 $197 Total tax $2,521 $2,336 $2,279 i h :/! .pbcgov.com/papa/ ps/PropertyDetail/Props etaii.aspx?par l=0 34515290001210&srchtype=ADV&owner= streetno=1763&prefix= ... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetaii/PropertyDetaii.aspx?parcel=08434515260001304&srchtype=ADV&owner=&streetno=1726&prefix... qy � DOROTHYJACKS r >-t,m�:�t:11.Gfua s ?u1t!—uiCFAI AAS ' 4Palm Beach Cam ty Pr opwV Appreftef Location Address 1726 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-26-000-1304 Subdivision PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM Official Records Book 28083 Page 1384 Sale Date JAN-2016 Legal Description PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM UNIT 1304 Mailing address Owners 333 PALM ST .SAN FRANCISCO NAVIGATION LLC HOLLYWOOD FL 33019 4505 Sales Date Price OR Book] age Sale Type Owner JAN-2016 $138,000 28083 /01384 WARRANTY DEED SAN FRANCISCO NAVIGATION LLC JAN-2016 $105,100 28055 /01577 WARRANTY DEED DALINO LLC NOV-201 5 $76,900 27907/01613 CERT OF TITLE HSBC BANK USA NA MAR-2008 $239,,990 22626/01614 WARRANTY DEED WRIGHT STEPHEN G & No Exemption Information Available. L Number of Units 1 *Total Square Feet 1 557 Acres Use Coe 0400-CONDOMINIUM Zoning Tax Year 2017 2016 2015 improvement Value $120,000 $110,000 $110,000 Land Value $0 $0 $0 Total Market Value $120,000 $110,000 $110,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $120,000 $110,000 $71,874 Exemption Amount $0 $0 $0 Taxable Value $120,000 $110,000 $71,874 Tax Year 2017 2016 2015 Ad Valorem $2,562 $2,401 $1,899 Nora Ad Valorem $218 $197 $197 Total tax $2,780 $2,598 $2,096 I http://www.pbcgov.com/papalAsps/PropertyDetaii/PropertyDetail.aspx?parcel=08434515260001304&srchtype=ADV&owner-&streetno=1726&prefix=N... 111 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515260001305&srchtype=ADV&owner=&streetno=1722&prefixDOROTHYJACKS ... a . 11, .i(.it 1-1 t rdf..i 1,i' �, •��F,pp\ Ary ,! r . . rb" rY A Location Address 1722 NE 6TH ST Municipality BOYNTON BEACH Pascal Control Number 08-43-45-15-26-000-1305 Subdivision PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM Official Records Book 22384 Page 1375 Sale Date DEC-2007 Legal Description PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM UNIT 1305 Mailing address Owner's 1722 NE 6TH ST UNIT 1305 MARQUES NEVILLE BOYNTON BEACH FL 33435 3508 Sales Date Price OR Book/Page Sale Type Owner DEC-2007 $239,990 22384/01375 WARRANTY DEED MARQUES NEVILLE Exemption Applicant/ wryer Year Detail MARQUES NEVILLE 2018 Number of Units 1 Total Square f=eet 1601 Acres Use Code 0400-CONDOMINIUM Zoning CTax Year 2017 2016 2015 Improvement Value $124,000 $114,000 $114,000 Land Value $0 $0 $0 Total Market Value $124,000 $114,000 $114,000 All values are as of January 1 st each year Tax Year 2017 2016 2415 Assessed Value $60,979 $59,725 $59,310 Exemption Amount $35,979 $34,725 $34,310 Taxable Value $25,000 $25,000 $25,000 I Tax Year 2017 2016 2015 Ad Valorem $608 $614 $631 Non Ad Valorem $218 $197 $197 -Total tax $826 $811 $828 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515260001305&srchtype=ADV&owner=&streetno=1722&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetail.aspx?parcel=08434515260001307&srchtype=ADV&owner-&streetno=1714&prefix... _. ... DOROTHYJACKS «F w f 1 3 Location Address 1714 NE 6TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-26-000-1307 Subdivision PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM Official Records Book 22384 Page 1280 Sale Date DEC-2007 ( Legal Description PRESERVE AT BOYNTON BEACH 13 CONDOMINIUM UNIT 1307 I Mailing address Owners 1 714 NE 6TH ST PIERRE WICLER BOYNTON BEACH FL 33435 3508 Safes Date price OR Book/Page Sale Type Owner DEC-2007 $239,990 22384/01280 WARRANTY DEED PIERRE WICLER Exemption Applicant/Owner Year Detail PIERRE WICLER 2018 Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400-CONDOMINIUM Zoning Tax Year 2017 2016 2015 Improvement Value $124,000 $114,000 $114,000 Land Value $0 $0 $0 Total Market Value $124,000 $114,000 $114,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $60,979 $59,725 $59,310 Exemption Amount $35,979 $34,725 $34,310 Taxable Value $25,000 $25,000 $25,000 Tax Year 2017 2016 2015 Ad Valorem $608 $614 $631 Non Ad Valorem $218 $197 $197 Total tax $826 $811 $828 http://www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515260001307&srchtype=ADV&owner=&streetno=1714&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515270001405&srchtype=ADV&owner=&streetno=1826&prefix... DOROTHYJACKS i Location Address 1826 NE 5TH ST UNIT 1405 Municipality BOYNTON BEACH ({ Parcel Control Number 08-43-45-15-27-000-1405 Subdivision PRESERVE AT BOYNTON BEACH 14 CONDOMINIUM Official Records Book 26670 Page 1199 Sale Date FEB-2014 Legal Description PRESERVE AT BOYNTON BEACH 14 CONDOMINIUM UNIT 1405 Mailing address Owners 1 549 NE 123RD ST PIGNASA GROUP LLC MIAMI FL 33161 6029 I Sales Date Price ORBook/Page Sale Type Owner FEB-2014 $135,000 26670/01 199 WARRANTY DEED PIGNASA GROUP LLC SEP-2013 $106,900 26373/00354 WARRANTY DEED MIAMI PROPERTY TRUST LLC JAN-2013 $10 25868/01 524 QUIT CLAIM PADI LLC AUG-2012 $57,200 25480/00826 WARRANTY DEED DAVILA DIEGO J MAY-2012 $32,100 25200/00745 CERT OF TITLE HSBC BANK USA NA l No Exemption Information Available. j Number of Units 1 *Total Square Feet 1601 Ages i Use Code 0400-CONDOMINIUM Zoning Tax Year 2017 2016 2015 Improvement Value $105,000 $95,000 $102,000 Land Value $0 $0 $0 Total Market Value $105,000 $95,000 $102,000 All values are as of January 1 st each year Tux Year 2017 2016 2015 Assessed Value $104,500 $95,000 $102,000 Exemption Annount $0 $0 $0 Taxable Value $104,500 $95,000 $102,000 Tax Year 2017 2016 2015 Ad Valorem $2,235 $2,074 $2,289 Non Ad Valorem $218 $197 $197 Total tax $2,453 $2,271 $2,486 http://www.pbcgov.com/papa/Asps/PropertyDetall/PropertyDetaii.aspx?parcel=08434515270001405&srchtype=ADV&owner=&streetno=1826&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001503&srchtype=ADV&owner=&streetno=1819&prefix... chrc EMM' ptwOFAb DOROTHYJACKS 51 S,F + ,AASp o i Location Address 1819 NE 5TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-30-000-1503 Subdivision PRESERVE AT BOYNTON BEACH 15 CONDO Official Records Book 29185 Pane 1619 Sale Date JUN-2017 Legal Description PRESERVE AT BOYNTON BEACH 15 CONDO UNIT 1503 Owners Mailing address t WARD THOMAS W 1819 NE STH ST THOMAS W WARD TR TITL HLDR BOYNTON BEACH FL 33435 3505 ;.WARD THOMAS W TR Sales Date Price OR Book/Page Sale Type Owner JUN-201 7 $10 29185/01619 WARRANTY DEED WARD THOMAS W TR MAY-2015 $121,750 27557/01112 WARRANTY DEED WARD THOMAS W APR-2013 $80,000 26012/0091 1 WARRANTY DEED SAHAGUTAN HAMPARTZOUM MAR-2008 $239,990 22582/01424 WARRANTY DEED GODDEN LAUREN Exemption Applicant/Owner Year Detail 'WARD THOMAS W 2018 Number of Units 1 'Total Square Feet 1601 Acres Use Code 0400-CONDOMINIUM Zoning - � Tax Year 2017 2018 2015 irnprovernent Value $112,000 $102,000 $102,000 Land Valise $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $53,495 $52,395 $93,500 Exemption Amount $53,495 $52,395 $0 Taxable Value $0 $0 $93,500 Tax Year 2017 2016 2015 Ad Valorem $237 $242 $2,162 Non Ad Valorem $218 $197 $197 Total tax $455 $439 $2,359 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001503&srchtype=ADV&owner=&streetno=1819&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetail.aspx?parcel=08434515300001505&srchtype=ADV&owner-&streetno=1835&prefixDOROTHYJACKS ... co +q ll,7Lsaa,'?�tOfL 1\ Sl t\f,�v;' fl<Sai„9U.� }}g,tg,, '3 � �•. 0 Palmrat, r S Locations Address 1835 NE 5TH ST Municipallty BOYNTON BEACH Parcel Control Number 08-43-45-15-30-000-1505 Subdivision PRESERVE AT BOYNTON BEACH 15 CONDO Official Records Book 28486 Page 774 Sale Date JUL-2016 Legal Description PRESERVE AT BOYNTON BEACH 15 CONDO UNIT 1505 - Mailing address Owners 5925 PELOQUIN FAUBERT ERIC LAVAL QC H7H 2X1 CANADA Sales Date Price OR Book/Pae Sale Type Owner JUL-2016 $144,800 28486/00774 WARRANTY DEED FAUBERT ERIC DEC-2013 $0 26514/01616 CERT OF TITLE FEDERAL NATIONAL MRTG ASSN DEC-2007 $239,990 22384/01491 WARRANTY DEED WEINSTEIN JASON No Exemption Information Available. Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400-CONDOMINIUM Zoning Tax Year 2017 2016 2015 Improvement Value $112,000 $102,000 $102,000 Land Value $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 All values are as of January 1 st each year i Tax Year 2017 2016 2015 Assessed Value $112,000 $102,000 $93,500 Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $93,500 Tax Year 2017 2016 2015 Ad Valorem $2,392 $2,227 $2,162 Non Ad Valorem $218 $197 $197 L Total tax $2,610 $2,424 $2,359 u http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001505&srchtype=ADV&owner=&streetno=1835&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001506&srchtype=ADV&owner—&streetno=1843&prefixDOROTHYJACKS ... EXMr CRAM s � Location Address 1843 NE 5TH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-30-000-1506 Subdivision PRESERVE AT BOYNTON BEACH 15 CONDO Official Records Book 28782 Page 703 Sale Date DEC-2016 Legal Description PRESERVE AT BOYNTON BEACH 15 CONDO UNIT 1506 Mailing address Owners333 PALM ST UNIT 3 INVERSIONES SORRENTO INC HOLLYWOOD FL 33019 4505 Sales Date Price OR Book/Page Sale Type Owner DEC-2016 $1 28782 /00703 WARRANTY DEED INVERSIONES SORRENTO INC DEC-2016 $141,000 28757/00231 WARRANTY DEED INVERSIONES SORRENTO INC OCT-2016 $1 28771 /01871 WARRANTY DEED DALINO LLC SEP-2016 $103,000 28771 /01869 WARRANTY DEED DALINO LLC SEP-2016 $1 28771 /01867 REP DEED DALINO LLC 1 No Exemption Information Available. Number of Units 1 Total Square Feet 1557 Acres Use Code 0400-CONDOMINIUM Zoning - Tax Year 2017 2016 2015 Improvement Value $108,000 $98,000 $98,000 Land Value $0 $0 $0 Total Market Value $108,000 $98,000 $98,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $108,000 $98,000 $90,200 Exemption Amount $0 $0 $0 Taxable Value $108,000 $98,000 $90,200 I' i Tax Year 2017 2016 2015 Ad Valorem $2,306 $2,139 $2,082 Non Ad Valorem $218 $197 $197 Total tax $2,524 $2,336 $2,279 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001506&srchtype=ADV&owner=&streetno=1843&prefix=N... 1/1 16/03/2018 www.pbcgov.com/papalAsps/PropertyDetail/PropertyDetaii.aspx?parcel=08434515300001507&srchtype=ADV&owner=&streetno=1851&prefix... DOROTHYJACKS .y IiJ1U,iU\@iffl- )f t „iYh ,t t Its!Y. F} t l , , t ' } 1 Location Address 1851 NE STH ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-15-30-000-1507 Subdivision PRESERVE AT BOYNTON BEACH 15 CONDO Official Records Book 27386 Page 1617 Sale Date MAR-201 5 Legal Description PRESERVE AT BOYNTON BEACH 15 CONDO UNIT 1 507 Mailing address Owners 1 5925 PELOQUIN j FAUBERT ERIC LAVAL.OC H7H 2X1 CANADA Sales Date Price OR Book/ age Sale Type Owner MAII-201 5 $110,500 27386/0-1617 WARRANTY DEED FAUBERT ERIC MAY-2014 $0 26773 /01297 CERT OF TITLE FEDERAL NATIONAL MRTC ASSN JAN-2008 $239,990 22443 /00035 WARRANTYDEED LOPEZ HECTOR G No Exemption Information Available. Number of Units 1 *Total Square Feet 1601 Acres Use Code 0400-CONDOMINIUM Zoning i Tax Year 2017 2016 2015 Improvement Value $112,000 $102,000 $102,000 Land Value $0 $0 $0 Total Market Value $112,000 $102,000 $102,000 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $112,000 $102,000 $102,000 t Exemption Amount $0 $0 $0 Taxable Value $112,000 $102,000 $102,000 Tax Year 2017 2016 2015 1 Ad Valorem $2,392 $2,227 $2,289 Non Ad Valorem $218 $197 $197 Total tax $2,610 $2,424 $2,486 http://www.pbcgov.com/papa/Asps/PropertyDetail/PropertyDetall.aspx?parcel=08434515300001507&srchtype=ADV&owner=&streetno=1851&prefix=N... 1/1 Y. 1 _ X u _ _ y _ _ w w X X w X w X w MI �I w w X X w X w X w MI �I w w X w X w X w MEMORANDUM DATE: March 19, 2018 TO: Mike Simon, Executive Director Thuy Shutt, Assistant Director Tara Duhy, CRA Legal Counsel FROM: Vicki Hill, Finance Director RE: Boynton Village LLC — Compliance Audit I am in receipt of the Compliance Audit for Boynton Village LLC. I am not in agreement with the results of the audit due to a number of deficiencies as detailed below- 1. elow:1. The developer's auditor submitted DIFA reimbursement request for 2016 and 2017, they did not make a submission for 2016. Legal has advised that the CRA is only responsible for 2017. 2. Taxable Values different. Auditor based calculations on the PAPA fair market value have a slight discrepancy. Auditor claims $12,535,245 and CRA tax records from the Property Appraiser has a taxable value of $12,663,245. 3. Auditor did not calculate percentages of eligible units based on back up Exhibits to Agreements. 4. To properly calculate the payment, the 2017 Taxable Value must be determined for the rental units and housing units separately, then the base value backed out, the percentage of eligible units applied to the result, and finally the millage applied at 95% for the amount to be paid to the developer. This is all specified on the Incentive Calculation spreadsheet and the reimbursement to the developer is $45,809 for 2017. 5. Documentation: a. Rental Units — Compliance audit states "qualified renters" at 114. The CRA agrees with 114 as qualified. b. Housing Units — The developer did not provide documentation proving eligibility for the 23 housing units claimed in the Compliance Audit as eligible. The CRA has determined 5 are eligible (four original owners and one original owner in foreclosure). The Incentive Calculation spreadsheet is adjusted accordingly. A spreadsheet is attached outlining the Compliance audit claimed eligible housing units. The CRA spreadsheet lists "2017 Owners" establishing eligible housing units for the tax year 2017. PAPA printouts are also included to verify ownership. It should be noted that after the original homeowners moved through foreclosure, default or short sale, the units were then owned by banks, LLCs, LPs or various corporations, some of which were sold to new homeowners. 6. The revised Incentive Calculation Payment to the Developer is $45,809. 710 N Federal Highway ,' Boynton Beach, FL 33435 BOYNTON" Ph: 561-737-3256 Fax: 561-737-3258 RA WWW.boyntonbeachcra.com May 1 , 2018 Boynton Village, LLC Meryl Wolfe 2100 Hollywood Boulevard Hollywood, FL 33020 RE: Boynton Village LLC — Compliance Audit Dear Ms. Wolfe: am in receipt of the Compliance Audit breakdown for Boynton Village LLC which was received via email on April 23, 2018. 1 am not in agreement with the results of the audit due to a number of deficiencies as detailed below: 1. Taxable Values different. Auditor based calculations on the PAPA fair market value have a slight discrepancy. Auditor claims $12,535,245 and CRA tax records from the Property Appraiser has a taxable value of $12,663,245. 2. Auditor did not calculate percentages of eligible units based on back up Exhibit "E" to Agreements. 3. To properly calculate the payment, the 2017 Taxable Value must be determined for the rental units and housing units separately, then the base value backed out, the percentage of eligible units applied to the result, and finally the millage applied at 95% for the amount to be paid to the developer. This is all specified on the Incentive Calculation spreadsheet and the reimbursement to the developer is $45,809 for 2017. 4. Documentation: a. Rental Units — Compliance audit states "qualified renters" at 114. The CRA agrees with 114 as qualified. b. Housing Units —The developer did not provide documentation proving eligibility for the 23 housing units claimed in the Compliance Audit as eligible. The CRA has determined 5 are eligible (four original owners and one original owner in foreclosure). The Incentive Calculation spreadsheet is adjusted accordingly. A spreadsheet is attached outlining the Compliance audit claimed eligible housing units. The CRA spreadsheet lists "2017 Owners" establishing eligible housing units for the tax year 2017. PAPA printouts are also included to verify ownership. It should be noted that after the original homeowners moved through foreclosure, 710 N Federal Highway Boynton Beach, FL 33435 BOYNTOI N' " C Ph: 561-737-3256 t,a „ Fax: 561-737-3258 B E AC R", RA wwwboyntonbeachcra.com default or short sale, the units were then owned by banks, LI-Cs, LPs or various corporations, some of which were sold to new homeowners. 5. The revised Incentive Calculation Payment to the Developer is $45,809. If you have any questions, please contact me at 561-600-9092. Sincerely, Vicki Hill Finance Director cc: Mike Simon, Executive Director Thuy Shutt, Assistant Director Tara Duhy, CRA Legal Counsel Attorneys at Law S L LW LEWIS M. LONGMAN lw-law.com WALKER Telsula C. Morgan tmorganollw-law.com Reply To.- West o:West Palm Beach MEMORANDUM TO: Michael Simon FROM: Tara Duhy Telsula C. Morgan DATE: May 3, 2018 SUBJECT: Cornerstone DIFA Enforcement As requested, below is a summary of Cornerstone's non-compliance with terms of the Direct Incentive Funding Agreement ("Agreement") between the Boynton Beach Community Redevelopment Agency and Boynton Village, LLC ("Developer") for fiscal year 2016. On December 19, 2006, the Boynton Beach CRA entered into an Agreement with Boynton Village, LLC to create 50 affordable homeownership opportunities for a project known as The Preserve. In order to offset, in part, the Developer's costs, the Boynton Beach CRA agreed to provide annual funding, for a period of 10 years, of Pledged Project Increment Revenues in accordance with Section 6.L(C) of the Agreement. As a condition precedent to obtaining annual funding, under Section 5.2 of the Agreement, the Developer is required to "provide written audited verification, at its sole costs and expense, of substantial completion and of compliance with the requirement to sell 50 Affordable Access Units." Further, Section 5.2.5 of the Agreement provides that disbursement of funds will only occur upon the CRA's acceptance of a properly documented and supported audit. Funding shall be disbursed by April I of the year following the corresponding ad valorem tax year. On February 20, 2018, the Developer submitted a request for disbursement of funding, along with its Compliance Audits for fiscal years 2016 and 2017. Because the Developer has not complied with Section 5.2 of the Agreement, which is a condition precedent to disbursement, the Developer is ineligible for Project Increment Revenues for the 2016 fiscal year. The required audit and supporting documents must be submitted annually in order to be considered by the Board for reimbursement no later than April 1 following the ad valorem tax year. Due to the Developer's failure to perform and submit the required audit and supporting documentation for fiscal year 2016 prior to April 1, 2017,the developer has forfeited its funding for 2016. Therefore, Cornerstone is ineligible for reimbursement. If you have any questions, or need further information, please do not hesitate to give me a call. JACKSONVILLE ST PETERSBURG TALLAHASSEE WEST PALM BEACH 15 Riverside Ave-Shite 150 100 Second Ave.Sou'ti,Suite 501-S 315 Soa nth Calhoun St Suite 230 1,5 Norti'1 t I aglo [)t. >ui F 1 5 X) J is ksoi iville,Florida 32202 St Petersburg,Florida 33701 Tallah tssee Florida 32:301 JVrst P li i Beach,I Gorda 33if)1 904.3,53 6410 � 11 727245.0820 T 850,'22 5702 1561.640,08'U F SiO4.' 619 1=. 727290,40-517 F:&50,224,9242 F: 561 640,8,202 See Things Differently LEWIS Attorneys at Law LONGMAN L LW WALKER 11w-law.com Telsula C.Morgan tmorgan@llw-law.com Reply To: West Palm Beach May 29, 2018 VIA CERTIFIED MAIL AND EMAIL Leon Wolfe, President Boynton Village, LLC 2100 Hollywood Boulevard Hollywood, FL 33020 Re: Cornerstone's Direct Incentive Funding Calculation—FY 2017 Dear Mr. Wolfe: Please accept this letter in response to your concerns regarding the Boynton Beach Community Redevelopment Agency's calculation of Cornerstone Group Development, LLC's ("Cornerstone")direct incentive funding for fiscal year 2017. After conducting a thorough review of the Direct Incentive Funding Agreement, dated December 12, 2006, and its subsequent Amendments, the CRA will utilize Exhibit `B" of the Second Amendment to calculate Pledge Project Increment Revenues for Affordable Access Units that are rented and sold. (See Exhibit "1") Cornerstone is therefore entitled to direct incentive funding, in accordance with the attached for the five (5)Affordable Access Units sold, and 100 Affordable Access Rental Units. Although Cornerstone exceeded the 100 Affordable Access Rental Unit requirement by renting 14 additional units,Cornerstone is not entitled to additional funding for the additional units. Section 5.2.7 of the Second Amendment provides that: Exceeding the agreed upon requirement of the 50 Affordable Access Units or 100 Affordable Access Rental Units shall not entitle Developer to additional funding under this Agreement or to a credit or set-off against any reduction in funds due to failure to meet the other Affordable Access Requirements in earlier years hereunder. Accordingly,Cornerstone is entitled to$73,611 of direct incentive funding for the 2017 fiscal year. (See Exhibit"2") If you have any questions,please do not hesitate to give me a call. t yours, Telsula C. Morgan JACKSONVILLE T.PETERSBURG 1 TALLAHASSEE WEST PALM BEACH 245 Riverside Ave.,Suite 150 100 Second Ave.South,Suite 501-S 315 South Calhoun St.,Suite 830 515 North Flagler Dr.,Suite 1500 Jacksonville,Florida 32202 St,Petersburg,Florida 33701 Tallahassee,Florida 32301 i West Palm Beach,Florida 33401 T 904.353.6410 T.727.245.0820 T:850.222.5702 T 561.640.0820 F:904.3591MT9-3 F:727.290.4057 F:850.224.9242 F:561.640.8202 ..,:. 1,urc;m, `� t r, TCM/cd Enclosures cc: Michael Simon Vicki Hill Tara Duhy 00991546-3 i i k Exhibit"E" Pledged Project Increments Revenue Formula Examples Sold s(R r a]Unit %of fEliOible TIF Access Rental Units ' � Affordable Access of AflardabEe ¢ #of ,� j (Rental)Units Sold ndlor otsd %of6{ribteTlzF 3 - 2% 78 52% 6 4% 81 54% 9 6% 84 56% 12 8% 87 58% 15 10% 90 60% 18 12% 93 62% 21 14% 96 64% 24 16°x6 99 666!0 27 18% 102 68% 30 20% 105 70% 33 22% 108 72% 36 0.24 111 74% 39 26%a 114 76% 42 28% 117 78% 45 30% 120 80% i 48 32% 123 82% i 51 34% 126 84% 54 36% 129 85% 57 38% 132 88% 60 40% 135 90% 63 420/6 138 92% 66 44% 141 94% 69 46% 144 96% 72 48% 147 98% 75 50% 150 100% i I i s i F f I I T:IDEVELOPMENMThe Preserve-CornerstoneWreserve DIFAIDIFA Second Amendment-2010(3).doc 9 EXHIBIT Q II I®uX o� o r 01 N � 10 0 d 3 R N O lL� I # '','7 NI %Cl) 00I > > H V N 40 W x cc w Q , d� x H y m Ol W m m 7 m (gyp C e X `o E m o d 7 0 > 5 o p II o N y J F a 2 N - � w a F F� n (a es w no d 0 0 0 C. 0 0 0 0 O O O O c C o N ' N O N O O C 0 0 0 0 0 0 0 0 0 0 N (0 O n V N W (0 m y O C C C C C C C 0 0 0 n N +� n h N N O Q C N 0 0 CO N CO' N C N N Of 0, d C n Of W (O n Ot Of (O N 7 a � N O w 7 � K O y n (O n n N (O n n N N W O N N P 9 O ea 0 d t0' N''.. b I� C m N O W C=F M Qfa 3 V N C =� 7 W H LL O. R 0 00 d R > yr 6% yrs (n 6% 6% (a ert 03, w tO Ow p w 2 w Ma 00 m 2 H fLr > H z LUU Ln z N N 4 O � f= � a M ar 0 co L' m o c Q.' cc a m r 0 WU) as 0 v LL as us } o to to pv prpm r 3 CV 04 W W rnn mor T- r.- O N N OM Atb N p r 1� a 47 M OD C I• a N0 r O CICL � O � ,r m.... � o� M CD a v oo a N T � r O LL. II o cc Efl W 60 ffl IR C bg yi erl (9 d!t9 2. d C N AL 11 N Q 0 aoQ d m 0 12 a C m d 0 A 0 ~rn E E ' CD m o ¢ ¢ O 0 0 N v O m co c o w L}L +N '� Cc m rn a c C ami v v m U U } rn rn a U 0 >- r _ X X E a n O co m co aci LO La w LO Ca m E m N t n ti O V m N N U N N O x > W i0 c o X U (cc w c (n L = o O E c_ c mv > > H > z o� E « E m d O m ++ O ; o �•.o y d o rn V J � .4 > N C AO 7CL a V d W W C m r m C t 4 c c d S G g N V 0 a m Q d A° o 0 T J Q O d' O c O) .,, LO IL a w ( O c V O.a N a d w C W, II N O.3 j U U d H n m m o o a y = > 0 g (� U O U O � .m. 7 A._ « 0 - N � > > L N ' N y NN 3 sm+ O 7 c aJ L.N w N V C alb m m o C o F l o m o o (D � � deo F m OW rn j o) w O d' y mE `.9 ccm N `> I tm f6 tm m LL &U OU LL O IO �N 0 O x0 a0 > ¢ > Q Z H V V FZ ILK-= ~ FH From: L.ennv WolfQ To: "Telsula Morgan" Cc: Simon. Michael; Hi Vi ki;Tara Duhv;MerylWolfe Subject: RE: Cornerstone"s Direct Incentive Funding Calculation-FY 2017 Date: Friday,June 08,2018 10:57:50 AM I've reviewed your letter of May 29, 2018. We accept the sum of$73,511 of direct incentive funding for the 2017 fiscal year. Please let us know when the check will be mailed to the address the CRA has on file. Thank you kindly for your courtesy and cooperation. Lenny Wolfe From:Telsula Morgan [mailto:tmorgan@llw-law.com] Sent: Tuesday, May 29, 2018 12:54 PM To: Lenny Wolfe<Lenny.Wolfe@CornerstoneGrp.com>; Meryl Wolfe <Meryl.Wolfe@CornerstoneGrp.com> Cc: 'Simon, Michael'<SimonM@bbfl.us>; 'Hill,Vicki'<HilIV@bbf1.us>;Tara Duhy<tduhy@Ilw- law.com> Subject: Cornerstone's Direct Incentive Funding Calculation - FY 2017 Mr.Wolfe: Please see the attached letter regarding Cornerstone's Direct Incentive Funding Calculation for fiscal year 2017. An original copy has also been sent via certified mail. if you have any questions, please do not hesitate to give me a call. Telsula C. Morgan I Attorney 515 North Flagler Drive, Suite 1500 1 West Palm Beach, Florida 33401 Amor arl Ilw-law.com 1561.640.0820 vCardVe s i-W I I join us online LEWIS LLWLONCNIAN Ovilg* WALKER 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. t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 OLD BUSINESS AGENDAITEM: 13.C. SUBJECT: Project Update 211 E. Ocean Avenue, a/k/a Magnuson House SUMMARY: The Board approved the Purchase and Development Agreement with Shovel Ready Projects, LLC for the 211 E. Ocean Avenue property in October 2015, and approved two subsequent Amendments in February 2016 and November 2016 (see Attachment 1). As previously presented to the CRA Board, the project's building permit application and design plans were submitted to the City in late December 2016. The City's plan review process has generated several rounds of comments to which the owner's architect, Jim Williams of AW Architects produced plan revisions for each in March 2017, April 2017, and most recently in mid-October 2017. On September 20, 2017, CRA legal counsel sent a letter to the property owner reminding them of their obligations under the contract and to make diligent effort obtain building permit plan approval. At the December 12, 2017 CRA Board meeting, there was Board discussion concerning the length of time the permit process was taking and directed staff to notify the property owner that permit plan revisions should be submitted by December 21, 2017 (see Attachment I I & 111). As of the Board's January 18, 2018 meeting, confirmation was obtained from the City that plans had not been submitted. After discussion, the Board voted not to pursue legal remedy under the terms of the contract (see Attachment IV). At the February 13, 2018, CRA Board meeting, no plan revisions or written response to City comments had been submitted for the 211 E. Ocean Avenue project. and the CRA Board directed legal counsel to initiate the formal process to evoke the reversion terms under the Purchase Agreement by providing thirty (30) day notification of default to the property Owner(see Attachment V). On March 13, 2018 in response to receiving the default letter from CRA legal counsel, the property/project owner and their legal counsel presented an appeal to the CRA Board requesting an additional 60 days or until May 14, 2018, to obtain the final permit approval and issuance. In addition, the property owner agreed that if they were unable to obtain the permit by May 14, 2018, they would agree to the terms of the everter without protest (see Attachment VI). The CRA Board approved an Addendum to the agreement executed by both parties. As of the end of day on May 14, 2018 permit issuance deadline under the Addendum, the City of Boynton Beach Building Department had not issued an approved permit to Shovel Ready Projects, LLC (see Attachment VII). Under the terms of the Addendum, CRA legal counsel provided a Notice of Default to Shovel Ready Projects, LLC and their legal representative (see Attachment V111). Under the Notice of Default, Shovel Ready Projects, LLC had 30 days to return the property's deed to the CRA and in exchange, the CRA would pay them $255,000, which represents the acquisition value of their original Purchase and Development Agreement. On May 24, 2018, legal counsel for Shovel Ready Projects, LLC provided a response to the Notice of Default (Attachment I X). On June 1, 2018, the CRA's Executive Director and legal counsel honored a meeting request made by Tom Carney, Owner's legal counsel, Owner's representative David Katz and Mr. Steve Labov of Shovel Ready Projects, LLC, to discuss the anticipated order of proceedings to occur at the June 12, 2018 C RA Board meeting. On June 8, 2018, CRA staff and legal received an email from attorney Tom Carney (see Attachment X), outlining a proposal that provided two options for the Board's consideration; 1) granting an extension to Shovel Ready Projects, LLC to complete the project with certain time adjustments; and 2) reversion of the property deed as per the terms of the Addendum with an additional sum of$50,000 for project expenses incurred to date. FISCAL IMPACT: To be determined based on Board action. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined based on Board discussion and action. ATTACHMENTS: Description D Attachment I -211 Purchase & Development Agreement and Amendments D Attachment II -09.20.17 LLW letter to Shovel Ready Projects,LLC D Attachment III - 12.15.17 Letters from CRA Staff and Property Owner D Attachment IV -01.18.18 Minutes D Attachment V -02.19.2018 LLW Letter to Shove Ready Projects and Email Reponse D Attachment VI - March 2018 Addendum D Attachment VII-City of BB-Permit Timeline D Attachment VIII-LLW's Notice of Default to Owner_May15,2018 D Attachment IX-Owner's Response to Notice of Default D Attachment X -June 8, 2018 Email from Tom Carney SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This Second Amendment to Purchase andI pment Agreement (hereinafter "Amendment")is made and entered into as of Novembe4wol 6,by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCIO, "a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "Seller") and SHOVEL READY PROJECTS,LLC,auccessor in interest to LOCAL DEV CO,LLC,(hereinafter"Purchas&',and together with the Seller,the'Tarties"). P=haser and Seller desire to amend certain to and conditions of the Agreement, as more particularly described below- 1. Paragraph 18.3(b) of the Agreement is hereby amended to extend the date by which Purchaser must submit a Construction Permit Application to the City of Boynton Beach until December2 X — 13() dal 5 Irby" N()V Q 0 1(0. 16. . I IP Terms which are capitalized but not defined herein shall have the meanings given to such terms -iii the Agreement. Except as expressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect,and is hereby ratified and co ed by Purchaser and Seller. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement ofthe Parties and each of which shall be deemed an original. IN WITNESS WHEREOF,the Parties have executed this Amendment as of the date first set forth above. BUYER SELLER SHOVEL READY PROJECTS,LLC BOYNTON BEACH COMMUNITY A# REDE7L 1.05, T By® Co ro-%i+ Print Name:"Upele'" Print Name: Title: 0 61) Title: M6_r Date: I /Z.* Date: Witnesses: Witnesses-, -ss, - C#po o form and legal sufficiency: At t�o m e- ON0140-1 FMT AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This First Amendment to Purchase and Development Agreement (hereinafter "Amendment'} is made and entered into as of January®, 2016, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes(hereinafter"Seller"l and LOCAL DEV CO,LLC,a Florida limited liability company or its affiliated assignee (hereinafter'Turchaser", and together with the Seller,the'Tarties'�, Purchaser and Seller desire to amend certain terms and conditions of the Agreement as more particularly described below: 1. The Feasibility Period set forth in Paragraph 7 of the above-referenced Agreement is hereby amended to March 4, 2016. All other deadlines set forth in the Agreement, including Closing Date,shall remain unchanged. Terms which am capitalized but not defined herein shall have the meanings given to such terms in the Agreement. Except asexpressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect,and is hereby ratified and confirmed by Purchaser and Seller. This Amendment any be executed in any number of counterp", any one and all of which shall.constitute the agreement of the Parties and each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. BUYER SELLER LOCAL DEV CO,LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS; REDEVELOPMENT AGENCY By: By Print Name: Print Name: r-j—Jr Title: Title: Date. Date: Witnesses: Witnesses: 0 P *n 4ndle I sufficiency: C Attor FIRST AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT This First Amendment to Purchase and Development Agreement (hereinafter "Amendment") is made and entered into as of January _, 2016, by and between BOYNTON BEACII COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter"Seller") and LOCAL DEV CO, LLC, a Florida limited liability company or its affiliated assignee (hereinafter "Purchaser", and together with the Seller,the"Parties"). Purchaser and Seller desire to amend certain terms and conditions of the Agreement, as more particularly described below: 1. The Feasibility Period set forth in Paragraph 7 of the above-referenced Agreement is hereby amended to March 4, 2016. All other deadlines set forth in the Agreement, including Closing Date, shall remain unchanged. Terms which are capitalized but not defined herein shall have the meanings given to such terms in the Agreement. Except as expressly set forth in this Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by Purchaser and Seller. This Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth above. BUYER SELLER LOCAL DEV CO,LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS, REDEVELOPMENT AGENCY By: � By. Print Name: '' z lc rpt'( ; Print Name: Title: Title: Date: Date: X121"1 v Witnesses: N�'i�� Witnesses: Ap Uori gal sufficiency: CRA Attorney 00601448.1 II t PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreemenf) is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNrIY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter"SELLER") and LOCAL DEV CO, LLC ( or its assignee, as provided for herein) (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 one parcel located in Palm Beach County, Florida (the "Property") having an address of 211 E. Ocean Avenue, Boynton Beach 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 TWO HUNDRED FIFTY FIVE THOUSAND 00/100 ($255,000.00). The parties agree that SELLER is conveying the Property to PURCHASER for the construction of a full service restaurant serving alcoholic beverages. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSrr. PURCHASER shall deposit ten percent (10%) of the purchase price within five days oft Effective Date with the SELLER'S escrow agent Lewis, Longman and Walker,P.A. 4. EFFECTIVE DATE. The date of this Agreement (the "Effective Date) shall be the to when the last one of the SELLER and PURCHASER has signed the Agreement. However, no party shall execute the Agreement any later than one week after the first executing party or the Agreement shall become null and void. 5. CLOSING. The purchase and sate transaction contemplated herein shall close within forty-five (45) days of PURCHASER obtaining Major Site Plan Modification approval from the City of Boynton Beach for the full service restaurant (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 tote 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 00556361-1 PURCHASE AND DEVELOPMENT T Racal evice Page 2 of 16 subsequent years not yet due and payable; ) covenants, ca i °ons, easements, dedications, rights-of-way and matters of record included on the Title Commiftnent or shown on the Survey (defined in Se `a 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept,pursuant to Section7.1 and Section7.2 he eof. INVESTIGATION7. ser shall havedays from Effective to ("Feasibility Period"), or PURCHASER, andPURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, " e is"), shall havete right, at PURCHASER'S expense, to make inquiries of, and meet e f Governmental Authorities regarding e Property and t enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said ves ' aio s do not result in a business interruption, to perform any and all physical tests, inspections, and investigations f the Property, including t not limited to Phase and Phase 11 investigations, is ay deem necessary. During this Feasibility Period, y elect, in le and absolute iscre ' , to terminate this contract and havereimbursed its Deposit. If PURCHASER electsto terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property substantially the condition eisi a Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the roe it o the extent practicable, shall repair and restore any damage caused to the Property PURCHASER'Ssi and investigation; (iii) release to SELLER, at no cost, all reports otherand work generatedas a result of the testing and investigation, herebyPURCHASER agrees to indemnify of less from and against all claims, losses, expenses, demands and liabilities, including, not limited to, attorney's fees, or nonpayment for services rendered to PURCHASER (including, limitation, any construction liens result' e or fora to persons or property (subject to the limitation on practicability providedabove) arising out o investigation of the Property. obligations n r this Sectionshall survive the termination, expiration or Closingof this Agreement. 7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following C e t instruments within five ( e Effective Date of this Agreement: copies of any reports or studies (including environmental, engineering, e , soil borings other physical reports) in ' ossessi or control with respect physical condition a Property, if any, a copy of the current title insurance olic (i y), and a list of any known matters affect title tote property. 7.2 Tit Review. i twenty ( ) days of the Effectiveate, PURCHASER shall obtain, aexpense, from a Title Companyoe y PURCHASER (hereinafter "Title Company"), a Title Commitment covering e Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted xce do , together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine the Title Commitment anddeliver written notice o SELLER no later than thirty ( ) days after the Effective Date notifyingL of any objections tote condition of titleer i a er Title Objections"). if PURCHASER fails t eliver PURCHASE AND DEVELOPMENT AGREEMENT/LocalDevco Page 3 of 16 PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions seta in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) as to diligently and in good faith seek 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, all have the option of (i) extending the Cure Period and the Closing for one additional dfirty (30) day period, or (ii) accepting the Title to the 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 ftu-ther 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 is did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall vete 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 Tide Commitment, subject to the provisions of this Section. 7.3 Survey Review. PURCHASER, at PURCHASER'S expense, may obtain a cuenboundary 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 restflutions, 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. & 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 PLIRCHASER in writing: &I & res entations 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 PropgM, PROPERTY is being purchased in "as is" condition. SELLER makes no warranty about the condition of the' structure or any of the appurtenances on the Property. PURCHASER understands that the Property is in need of major structural renovation in order to be utilized as a full-service restaurant. 83 Pending Proceedings. At Closing, there all be no litigation or administrative agency orother governmental proceeding of any kind whatsoever, pending or threatened, is has not been disclosed,prior to closing, and accepted by PURCHASER. PURCHASE AND DEVELOPMENT AGREEMENT/LocalDeveo Page 4 of 16 8A Comnliance- 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 Inthis 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, encumbrances and other conditions of it 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 ore 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 tote Property. In the event SELLER is unable to deliver its affidavits referenced above,the same shall be deemed an uncured it 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, is SELLER shall also execute and deliver at Closing. 9.4 Corrective Documents. Documentation required to clear title tothe Property of all liens, encumbrances and exceptions, if any, of 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. PRORATION S, 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 rorati® to be made through the day or to Closing. Taxes all 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 ill e. 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 oft bill. 10.2 Closing Costs. SELLER shall pay for documentary stamps on the deed, PURCHASE AND DEVELOPMENT AGREEMENTtLocalDeven Page 5 of 16 recording the dced 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. 10.4 Existine a.es 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 ReDres entations 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 site 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 Pernritted Exceptions (and encumbrances of record is 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, Seller shall have, at its option, the right to declare Purchaser in default under this Agreement by Notice delivered to Purchaser, in which event Seller shall be entitled to retain deposit (which shall not constitute a penalty). 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 tothe contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 6 of 16 Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and be entitled to a return of its deposit or seek specific performance. 123 Notice of Defa 1 . 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 insufficient 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 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 inti 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 71 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Tara Duhy, Esq. Lewis, Longman&Walker, P.A. 515 North Flar Drive, Suite 1500 West Palm Beach, Florida 33401 If to Buyer: Local Dev Co, LLC 630 N. 3r' Street Philadelphia, PA 19123 With a copy to: Thomas F. Carney, Jr., Esq. CARNEY STANTON P.L. 135 S.E. 5 th Avenue, Suite 202 Delray Beach, Florida 33483 14. BINDING OBLIGATION/ASSIGNMENT. The to and conditions of this Agreement are hereby made binding on, and shall inure to thebenefit 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 all not be unreasonably withheld. PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER. PURCHASE AND DEVELOPMENT AGREEMENT/LocalDevco Page 7 of 16 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, toterminate this Agreement and the parties all have no farther obligations under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property and the Development Timelines set forth in Section 18.3 below shall be reasonably adjusted by mutual agreement of the parties to accommodate same.. 16. BROKER FEES. The PURCHASER hereby confirms that it has dealt with Prakas & Co. as broker in connection with the transaction contemplated by this Agreement and shall be responsible for paying Prakas & Co. a five percent (51/o) commission on. the purchase price at the closing of the Property. 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 a fall service restaurant. 18.1SELLER DeXRr sip A oval, 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. Prior to the expiration of the Feasibility Period, PURCHASER shall submit plans to the SELLER for review. SELLER shall provide comments to PURCHASER at its next regularly scheduled Board meeting. The SELLER's approval oft e plans and design shall not be unreasonably withheld provided the plans and design meet the criteria set forth and described in the City of Boynton Beach approved Urban Design Guidelines for Development within the Boynton Beach Comm-unity Redevelopment Area. 18.2 Economic Develovment Grant Incentives and Funding. The SELLER shall provide the PURCHASER with the following Boynton Beach Community Redevelopment Agency Economic Development Grants if needed, to induce the enhancement and/or expansion of the restaurant: a. Commercial Fagade Grant - Purchaser shall be reimbursed up to a maximum amount of$25,000 with a $25,000 match by Purchaser. Said funds to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation consistent with the eligible its set forth in the CRA's Commercial Fagade Grant Program. b. Commercial Construction Project Incentive Program — Purchaser shall be reimbursed the building pet fee of 2.3% if the project PURCHASE AND DEVELOPMENT AGREMMENT/LocalDevco Page 8 of 16 cost is less than $250,000 in construction value (as stated anthe construction permit application) and 3.3% if the construction value exceeds $250,000, Said flto to be reimbursed within thirty (30) days of receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. Maximum Reimbursement not to exceed$66,000. C. Interior Build-Out Grant - Purchaser to be reimbursed an amount up to $45,000, to be paid on a reimbursement basis within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation, consistent with the eligible items seta in the CRA's Interior Build-out Grant Program. A $45,000 match is required by the PURCHASER. d. 211 E. Ocean Renovation Grant — Purchaser shall be reimbursed up to $200,000 to be paid on a reimbursement basis for construction costs associated with the renovation of the Property. Reimbursement process will require PURCHASER to present SELLER with copies of the final paid contractor "application for payment documenf' s and cancelled check to contractors for eligible expenses. Eligible expenses are those that are for construction of the project only. Soft costs will not be reimbursed. Reimbursement to PURCHASER shall occur within thirty (30) days of the Property receiving a Certificate of Occupancy providing Purchaser has timely submitted all required construction cost documentation. SELLER hereby agrees that PURCHASER is not required to apply for and fill out all CRA program forms applicable to each Economic Development Grantprogram. However, all oft e rules of the grant programs must be adhered to. If the CRA Economic Development Grant programs change from the time of this Agreement and the time that the Seller accesses the Economic Development Grant fimding,the funding amounts shall remain as stated above. 18.3 DevelgRment Timeline. In order toes a that the public purpose is being met, the following events must be documented in writing and provided tote SELLER upon completion of each. Time is calculated from the Effective Date. a. Submission of Major Site Plan documents to the City of Boynton Beach within Forty-Five days after the expiration of the Feasibility Period or Forty-Five Days after the final approval of the design and site plan by the CRA as seta in Paragraph 18.1, whichever is later. bSubmission of Construction Permit Application tote City of Boynton Beach within ninety (90) days of the Major Site Plan approval date (if applicable). PURCHASE AND DEVE LOPMENT AGREEMENT/LocalDevco Page 9 of 16 C. Commencement of construction within sixty (60) days afthe Building Permit approval date. d. Certificate of Occupancy to be provided within Two Hundred Forty (240) days from the Commencement of Construction Date, unless extended do to a force majeure, circumstances beyond the Purchaser's control and approved by SELLER, or extended as otherwise permitted in this Agreement. 19. PROPERTY REVERTER CLAUSE. The deed of conveyance shall contain a reverter clause that shall run with the Property, requiring the Property to be recony eyed to SELLER by quit claim deed should either of the following occur: 1) PURCHASER defaults in not timely constructing the restaurant per c ® 18.3 unless, pursuant to Section 15 or Paragraph 18.3(d), both parties agree to extend the time to construct the restaurant due to circumstances beyond the PURCHASERS control; or 2) the Property ceases to be used, for a period of nine months, ora CRA approved use (as said use may be approved from time to time, which approval will not be unreasonable withheld) as the same may be amended from time to time. In the event the SELLER exercises its right to reverter as a result of the Property failing to be used for an approved CRA use ora period of nine months, SELLER shall reimburse PURCHASER the fair inaret value of the property, as determined by anindependent it party appraisal. In addition, PURCHASER shall execute a reverter agreement in the form set forth on Exhibit"B". 20. TERMINATION OF AGREEMENT. If the timeline outlined in Section 18.3 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 tote 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 oft e essence. 21. SELLER'S FIRST RIGHT OF REFUSAL TO PURCHASE PROPERTY. PURCHASER hereby grants SELLER a right of first reffisal to purchase the Property in accordance with the terms below: a. If at any time, PURCHASER receives either a bona fide written offer by a willing it party to purchase all or part of the Property which PURCHASER intends to accept, or a purchase agreement which PURCHASER intends toenter into ("Offer"), PURCHASER shall give written notice to SELLER at teaddress provided below accompanied by a copy of such Offer at least thirty(30) days before the date of contemplated sale. b. Within fifteen (1 5) business days after receipt of the written notice, SELLER shall have tile right to notify PURCHASER that it is exercising its Right of First Refusal and will purchase the Property pursuant to a purchase agreement which incorporates the to and conditions of the Offer. Notwithstanding the terms of the Offer, however, the purchase price of PURCHASE AND DEVELOPMENI'AGREEMENT/Local Devco Page 10 of 16 the Property shall be confirmed by an independent appraisal agreeable to of the SELLER and the PURCHASER. C. If SELLER fails to exercise its Right of First Refusal within the time stated above, the Right of First Refusal all have no more force and effect. d. Within five (5) days after the effective date (the date of complete execution and delivery of a Purchase Agreement), SELLER shall deposit with PURCHASER to percent(10%) of the Purchase Price as Ernest Money. If the sale is closed, the Ernest money shall be applied toward the Piuchase Price. If SELLER decides not to purchase Property in violation of the Purchase Agreement, PURCHASER shall retain the Ernest Money and shall be free to retain or convey the property in his sole discretion. e. The parties understand and agree that the intent of this Right of is Refusal retained by SELLER is toe the Property is maintained and operated in the manner described in paragraph 2 above and protective of the grants provided in subparagraph 18.2. This provision is not intended and will not be exercised to prevent PURCHASER from subsequently conveying the Property to a it party otherwise meeting the criteria and obligations set forth in this Agreement. f. The Right of First Refusal as set forth in this Paragraph 21 shall automatically expire three (3) years from the date of the issuance of the Certificate of Occupancy. 22. MISCELLANEOUS, 22.1 General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of is shall be deemed to be an original and all of is shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are fort 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. 22.2 Cornuutation of Time. Any reference herein to time periods which are not measured in Business Days and which are less than six (6) days, all exclude Saturdays, Sundays and legal holidays in the computation thereof Any time period provided for in this Agreement is 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 conu-nencing with the Effective Date shall not include the Effective PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 11 of 16 Date in the calculation thereof. 22.3 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 ora 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. 22.4 Construction. of Aggement. 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. 22.5 Severabilfty. 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 or the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced tote maximum extent permitted by law. The provisions of this Section all apply to any amendment of this Agreement. 216 Handwritten Provisions. Handwritten provisions inserted in this Agreement and tialed by CRA anct SELLER shall control all printed provisions in conflict therewith. 22.7 Waiver of J-uU 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. 22,8 Attomffs 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. 22.9 Binding Authori1y. Each party hereby represents and warrants tote other that each person executing this Agreement on behalf of the CR-A 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, 22.10 RecordmR. This Agreement may be recorded in the Public Records of Pahn each County, Florida. PURCHASE ANb DEVELOPMENT AGREEMENT/LocalDewo Page 12 of 16 22.11 Sur-vival. 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, 22.12 SELLER Attornevs' 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, 22.13 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. f. It is the intent of PURCHASER to assign this Agreement, and all the rights and obligations thereunder, to an entity in which PURCHASER maintains a majority interest, to is SELLER hereby approves. THIS SECTION LEFT BLANK PURCHASE AND DEVELOPMENT AGREEMENT/Lo calDewo Page 13 of 16 IN WITNESS VVHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER LOCAL DEV CO, LLC BOYNTON EACH COMMUNITY AND/OR ASSIGNS; REDEVELOMENT AGENCY By:-- By: Print Name: Print Name: Jerry Taylor Title, Title: Chair Date: Date: Witnesses: Witnesses: tvttomey ks form and legal sufficiency: C My PURCHASE AND DEVELOPMENT AGREEMENT/Local Devco Page 13 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. BUYER SELLER LOCAL DEV CO, LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS; REDEVELOMENT AGENCY By. fePrint Na�� 1" Pri 6tame: rry for Title: Title: Chair Date: fA q11 r- Date: Witnesses- Witnesses. W22 Approved as to form and legal sufficiency: CRA Attorney Exhibit "All Legal Description Lot 13 & 14, Block 4, ORIGINAL TOWN OF BOYNTON BEACH, according to the Plat thereof, recorded in Plat Book 1, Page 23, of the Public Records of Palm Beach County, Florida PURCHASE ANND DEVELOPMENT AGREEMENT/LocaiDeveo Page 14 of 16 PCN #08-43-45-28-03-004-0130 EXHIBIT"B" REVERTER AGREEMENT This REVERTER AGREEMENT is dated as of this day of 2015 by and between the Boynton Beach Community Redevelopment Agency (the "SELLER") and Local Dev Co, LLC, having an address of ------------------------------,------------------------------------------- (the "PURCHASER"). RECITALS PURCHASE AND DEVELOPMENT AGREEMENT/LocalDewo Page 15 of 16 A. The SELLER has conveyed to the PURCHASER that certain real estate described on Exhibit "A" attached hereto (the "Property") pursuant to a Deed of even date herewith between the SELLER and PURCHASER, B. The PURCHASER has agreed to construct certain Improvements on the Property in accordance with the guidelines and criteria set forth on in the Purchase and Development Agreement. C. The Deed shall provide that if the PURCHASER does not construct the Improvements as set forth in this Agreement,then the Property shall revert tote SELLER. D. Further, the Deed shall provide that if the PURCHASER fails to keep the completed facilities operational for any nine on period and/or if the Property is not used for a CRA approved use (the approval of is shall not be unreasonably withheld), the Property shall revert to the SELLER. NOW THEREFORE, in consideration of the transfer of the Property to the PURCHASER and other consideration, the receipt and sufficiency of is are acknowledged, the parties agree as follows: 1. PURCHASER agrees at its sole cost and expense to complete the construction of the Improvements in accordance with the terms of the Purchase and Development Agreement attached hereto by no later than September 30 , 2016, (the "Completion Date"). 2. In the event the Improvements are not completed by the Completion Date (unless extended pursuant to the to of the Purchase and Development Agreement), the Property shall revert to and thereafter become fee simple real estate owned by the SELLER. Within 30 days of the written request of the SELLER, the PURCHASER will provide a general warranty deed to the Property in form and substance acceptable to the SELLER evidencing the reconveyance of the Property. 3. During the construction of the Improvements, PURCHASER will not place any additional liens or encumbrances on the Property except as consented to by the SELLER. In that regard, the SELLER agrees not to unreasonably withhold its consent to any construction loan financed with a commercial bank or similar lender intended to fund the construction and development of the Improvements. In such an event, the SELLER will enter into a Subordination Agreement in form and satisfactory to such lender. on completion of the Improvements satisfactory to the SELLER, the SELLER agrees to issue a letter acknowledging the release of the reverter rights described herein. 4. Following the completion of improvements and issuance of the Certificate of Occupancy, the PURCHASER must ensure the restaurant facilities, orother approved CRA PURCHASE AND DEVELOPMENT AGREEMENT/Local Dewo Page 16 of 16 uses as set forth in Exhibit "C", or as approved by the CRA, remain open for business during normal business hours and for not less than 40 hours a week. Failure to do so for any nine on period shall authorize the SELLER to exercise the reverter provision within the Deed. Should the SELLER exercise this right by providing 30 days written notice to PURCHASER, it will reimburse PURCHASER the fair market value of the property, as determined by an independent it party appraisal. Thereafter, PURCHASER will provide a general warranty deed tothe Property in form and substance acceptable to the SELLER evidencing the reconveyance of the rope to SELLER. This reverter provision shall automatically expire ten years from the Effective Date of the Agreement. This Agreement shall be binding upon-the parties hereto and shall be binding upon and inure to the benefit of it successors and assigns. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. This Agreement may only be modified oramended by a written agreement signed by authorized representatives of the parties hereto. WITNESS the following signatures as of the year and date first above written. Local Dev Co,,LLC and/or assigns; ......... Print Name 14A Title: ...... Boynton Beach Community Redevelopment Agency By: Ta r, Ch r �T i LW LEWIS Attorneys at Law LONGMAN 11w-law.com °4 WALKER� Reply To: West Palm Beach September 20, 2017 Thomas F. Carney, Esquire Carney Stanton, P.L. 135 S.E. 5th Avenue, Suite 202 Delray Beach, Florida 33483 Re: Boynton Beach Community Redevelopment Agency s/t to Shovel Ready Projects, LLC Dear Mr. Carney: As you are aware, this Firm represents the Boynton Beach Community Redevelopment Agency ("CRA") with regard to the above referenced transaction. Pursuant to the terms of the Purchase and Development Agreement (having an Effective Date of October 5, 2015) your client had post-closing obligations to timely develop the property. Specifically, the provisions of paragraph 18 of the Agreement set forth a development timeline intended to ensure the timely construction of the project and in turn provide your client certain grant incentives and funding if they are achieved. Please accept this correspondence as notice that the CRA does not believe that these development timelines are being achieved. While it is understood that a building application was submitted consistent with the Second Addendum of the Agreement, there appears to be no permitting activity since early May, 2017. Note that implicit in the financial incentive and development provisions of the Agreement is a requirement that your client diligently and in good faith respond to all requests for additional information or other inquiries from the City and other regulatory agencies. Please note that failure to do so constitutes a breach under the Agreement allowing my client the opportunity to pursue its available remedies, including the right to exercise its right of reverter as set forth in Paragraph 19 of the Agreement. JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALM BEACH 245 Riverside Ave., Suite 150 315 South Calhoun St., Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr., Suite 1500 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach. Florida 33401 T: 904.353.6410 T. 850.222.5702 T:941.708.40140 T: 561.640.0820 F:904.3E e&7($9�)i F:850.224.9242 F: 941.708.4024 F: 561.640.8202 See Things Differently' Thomas F. Carney, Esquire September 20, 2017 Page 2 The CRA supports your project and understands the intricacies and potential delays that can occur during the development process — timely completion of this project, however, remains a priority. I look forward to working with you in resolving the above. Sincerely, Kenneth Dodge KWD/jlb c: Mike Simon, BBCRA T. Utterback, BBCRA T. Shutt, BBCRA 00870590-1 �CRAWASM December 15, 2017 Steve Labov, Manager Shovel Ready Projects, LLC 630 North 3rd Street Philadelphia, PA 19123 RE: 211 E. Ocean Avenue Project, Boynton Beach Florida - Permit Approval Process Dear Mr. Labov: At the direction of the Board of the Boynton Beach Community Redevelopment Agency (CRA) given at their December 12, 2017 meeting, this letter is being sent as a formal request for the timely submission of your responses to the architectural and permit review comments as reviewed on November 9, 2017, by your development team and the City's Building Department staff. The CRA Board believes that given the amount of time since the November 9th meeting, expecting submission of these responses to the City by December 21, 2017, is fair and reasonable. It is our sincere hope that this project will move forward expeditiously under your ownership and is able to benefit from the redevelopment growth occurring within the CRA district. If we can be of any assistance to you during the permit approval process, please do not hesitate to contact me directly. Sincerely, Michael Simon Executive Director cc: Thuy Shut,Assistant Director, Boynton Beach CRA Tara Duhy, CRA Legal Counsel, Lewis, Longman&Walker, P.A. Jim Williams,AIA, Principal,AW Architects 710 N.Federal Highway,Boynton Beach,FL 33435 Office: 561-737-3256 Fax: 561-737-3258 www.boyntonbeachcra.com Shovel Ready Pro*ects rm 630 N. 3rd t, Philadelphia, PA 19123 215.592.7777 PRO www.shovel r adyproj cts..us December 20,7017 Michael Simon. Executive Director Bovnton Beach CRA 7101 N. Federal Highway Boynton Beach, FL 33435 RE 211 E. Ocean Avenue Project—Permit Approval Process Dear Mr. Simon, Your letter of December 1 i, 2017 caught us by complete surprise. We are moving forward as expeditiously as the permitting process in Boynton Beach will allow. Your expectation of our ability to respond does not take into account the magnitude of the issues involved. In fact, we have responded to the items for which responses were possible and appropriate without redesigning the project. It is my understanding that we are waiting ibr the City's decision as to which of their examiners will be moving forward with this project. I apt also awaiting a letter from Jim Williams, our architect, as to what we will need to do to move forward depending on the City's decision. We will, of course, keep you informed as to what is happening with the City and what we will need to do to move foa-ward. Sincere lY. Steve Labov Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 1 , 2018 I. Consideration of the Rental Agreement with the Boynton Woman's Club for the Historic Woman's Club of Boynton Beach J. Consideration of the Rental Agreement with the Boynton Beach Garden Club for the Historic Woman's Club of Boynton Beach K. Consideration of the Rental Agreement with the Boynton Beach Historic Society for the Historic Woman's Club of Boynton Beach - removed L. Update Regarding Purchase of 110 NW 6th Avenue Mr. Simon explained the CRA staff went through a tax deed auction for an approved purchase of a vacant parcel adjacent to a City-owned lot at the above address. The tax deed auction is not an easy process in which the CRA had not participated in the past. He advised the Property Appraiser's Office and the Tax Collector's technology simplified the process. The property was appraised at $36,700 and the Board approved a purchase price of no more than 20% above the appraised value which would make the maximum acquisition price $44,040. Yesterday CRA staff participated in the auction at Lewis Longman and Walker's Office and the CRA was the successful bidder. They acquired the property for $9,300. There were a few hundred dollars in administrative fees paid as well. Staff was very pleased. (Board Member Romelus returned at 8:59 p.m.) Mr. Simon noted there are future parcels the CRA is interested in acquiring that were set for auction in April or May. This will be on new business next month for plans for the property. Board Member McCray noted the Andrews House may be available. Chair Grant asked if the CRA was looking into foreclosure properties. Ms. Shutt explained staff wants to take a "first look." She has done this in the past through the Neighborhood Stabilization projects and programs. There are opportunities available to work ahead of time with several banks that are going through the pre-foreclosure process so they would the first look before going to the market. Staff would like to investigate the program further to avoid having to go through the bidding process. The participants are usually big banks such as Bank of America, Fannie Mae, Freddie Mac, Wells Fargo and others who service those mortgages as well. They have to pre-sign purchasing agreements with the banks. M. Project Update 211 E. Ocean Avenue Ms. Shutt explained at the December meeting, the Board had decided that CRA staff would contact the developer and notify them the Board expected revisions would be submitted to the City by December 2111 and if not, the outside date to submit a 21 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 18, 2018 response, was this meeting. If no action was taken by the developer to get the permit approved, the Board would determine if they would use the Purchase Agreement's Reverter Clause. No revisions have been received by the City on their last round of comments. At the last meeting, Mr. Simon emailed Andrew Mack, Shane Kittendorf and others and the architect. Mr. Simon received an immediate response from the developer. Everyone has done all they could to facilitate the drawings and nothing was submitted to-date. Mr. Simon announced staff made a diligent and good faith effort. Board Member Casello explained this was ongoing since 2015. The arrangement was they would build it out to a restaurant and get a client. He thought the developer was trying to get a client before they build out. He felt the Board was more than generous with them and has had numerous communications with them, but nothing was done. The developer is sitting on land that is becoming valuable as the Town Square moves forward and it appeared the Old High School will be finished before the 211 E. Ocean project starts. He requested the Board exercise the reverter clause and start the process. The cost would have to be calculated and Attorney Rossmell advised she could submit a budget. Chair Grant noted it would be another month. He asked if it would be more or less than $50,000 and asked how much it would cost if they had to go to trial. Attorney Rossmell explained she would like to submit a not to exceed amount. Mr. Simon agreed with Attorney Rossmell's suggestion to get them started. The first phase would be a letter to them initiating the research and staff would know within the next 30 days. Chair Grant was concerned if the developer submitted plans and the CRA already filed suit. He asked if the lawsuit would be moot or if the CRA can retain the project. Attorney Rossmell explained it would not be a guaranteed moot suit because the assertion would be made in the filing the developer did not act in good faith and it is not automatic that once a party does start to act, that it constitutes good faith. Board Member Casello suggested starting with a $25,000 figure. Vice Chair Katz explained the land could be valuable because of the Town Square project and because it has a historic building on it. He wanted to see the developer proceed with what they had indicated. He was concerned if the CRA re-acquired the property, the Board was committing them to allocate a significant sum of money to someone in the future to develop it. He questioned what the benefit was if the current property owner does not develop the property. He would rather force them over time to develop it than to take on some unknown cost. Converting the Little House to a restaurant may be an example of how there are unknown costs and he was concerned after the CRA regained the property, the CRA would incur substantial costs to entice a new developer to purchase and develop it. 22 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida January 18, 2018 Board Member Casello explained the house was only historic on the local level, and the designation could be removed. Chair Grant explained the CRA received $255,000 for the property and the CRA would have to return those funds and perhaps any taxes they paid on the property. The CRA is not getting the property for free even if they use the reverter clause because payment to the CRA had already been made. His issue was at one time, the CRA purchased the property for about $900,000 and the CRA already lost over $600,000. If the CRA could get the $900,000 back by paying $25,000 to $50,000 in extra costs for the two years nothing has occur, he viewed it as a plus because the property value increased in the last two years. He favored spending the money knowing there are costs in the future due to its historic nature. If the developer continues to take his time, the property may not be developed until after the Town Square. He wanted to make sure the Board does all it could to obtain the property and issue another RFP with more stringent requirements for the project with a surety bond. Board Member McCray questioned if the developer wants the CRA to take it back. Chair Grant requested a motion to approve an expenditure not to exceed $25,000 to execute the reverter clause. Motion Board Member Casello so moved. Chair Grant passed the gavel and seconded the motion. The motion failed 2-3 (Vice Mayor Katz, Board Member McCray and Board Member Romelus dissenting.) Vice Chair Katz thought the developer became aware that converting the property to a restaurant was costly and thought the developer was waiting for the CRA to buy them out. Board Member Casello thought the developer was sitting on the property until the value increased and would then flip it. N. Consideration of an Interlocal Agreement with the City of Boynton Beach for funding of the Ocean Breeze East Project with Centennial Management Corporation Mr. Simon explained the Interlocal Agreement is with the City to provide the local government match for Centennial Management. The local government match is $567,500 for the low-income housing tax-credit grant application. Motion Vice Chair Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. 23 LEWIS Attorneys at Law LONG AN l Ilw-law.com WOOF, SM LW , LL Reply To: West Palm Beach February 19, 2018 VIA REGULAR&CERTIFIED U.S. MAIL Stephen Labov Shovel Ready Projects, LLC 630 N. 3 d Street Philadelphia, PA 19123 Re: 211 E. Ocean Avenue, Boynton Beach, FL; Notice of Default Dear Mr. Labov: At the direction of the Board of the Boynton Beach Community Redevelopment Agency ("CRA") given at their February 13, 2018, Board meeting, this letter shall serve as a formal Notice of Default of the Purchase and Development Agreement for the above referenced property, as the same has been amended (attached hereto as Exhibit"A"). Specifically, Shovel Ready Projects, LLC has failed to meet the development timeline in Paragraph 18.3 of the Agreement by failing to diligently pursue its approval of the permits required to commence construction. Accordingly, pursuant to Paragraph 19 of the Agreement and pursuant to the terms of the Reverter Agreement executed by the Parties, the CRA demands that Shovel Ready Projects, LLC, execute a General Warranty Deed conveying the Property back to the CRA within 30 days of the date of this letter. Your prompt attention is requested. Please contact- me ,s-hould you have any questions regarding the above. ,, Sincerely, Tara W. Duhy, Esquire KWD/jlb Cc: Thomas Carney, Esquire M.Simon, BBCRA T. Utterback, BBCRA K. Dodge, LLW JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALMI BEACH 245 Riverside Ave.,Suite 150 315 South Calhoun St.,Suite 830 101 Riverfront Blvd.,Suite 620 515 North Flagler Dr,Suite 1500 i Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Palm Beach, Florida 33401 T 904.353.6410 T:850.222.5702 T:941.708.4040 T 561.640.0820 i F:904.35o&7bi0i F: 850.224.9242 F:941.708.4024 F:561.640.8202 Simon, Michael From: Simon, Michael Sent: Tuesday, March 6, 2018 12:35 PM To: 'Ken Dodge';Tara Duhy Subject: RE:211 E.Ocean Ave., Boynton Beach, FL Ok, thanks to the both of you. From: Ken Dodge [mailto:kdodge@llw-law.com] Sent:Tuesday, March 6, 201812:30 PM To:Simon, Michael<SimonM@bbfl.us>;Tara Duhy<tduhy@llw-law.com> Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Hi Mike, I have not. I made it pretty clear in nay discussions with him that while we would try and accommodate a meeting with staff today his time would be better spent on the 1V'addressing his position with the Board. Will let you know if I hear from hire. Kenneth W. Dodge I Executive Shareholder Board fied Real Estate Law 515 North Flagler Drive, Suite 1500 1 West Palm 0each, Florida 33401 l dod o �111w-lawcom 1561.640.0820 y Q a r d I aMet I t3io Iirr us or,lin LEWIS L LW I LONGMA WALKER The inforne tlor-.contained in this transmission may he epally privileged arrs cordfi fz rtial.It w 4rfe nded only fr,:ar the,use:of the reddent(e)named above,€f the reader of fhla ine>rsage i<,not i're ir'tend ed recipient,you are hereby notified that you reo ived kF-.-ts cemmu-Ncall on in error,and that any 6srterriinatriir,r.stinbution,o copyring oftins ccmritnicaflir,i is ntdc1ly prohracred.3r`yetu€rava rete ve.f th:s exornrrurcoahan in error,leie abs notify the reader immediately by rem}email strict veleta the message and all copies of ft. From:Simon, Michael rraailto:S!moni '@bbfl.ur] Sent:Tuesday, March 06, 2018 12:19 PM To:Tara Duhy<dghy, l �la:1tv corn Cc: Ken Dodge<kd i go Ii -law.co > Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Have either of you heard anything on a meeting today? I'm trying to schedule other meetings and didn't know if they were coming or which time? Michael Simon, LRES, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 71.0 N. Federal Hwy. I Boynton Beach, Florida 33435 1 561-600-9091 1 1, 561-737 ,Jt -3258 _J SimonM@bbfl.us I http://www.catchboynton.com BOYNTON wwwBEAC CRA America's Gateway to the Guffstrearn Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Tara Duhy ............ Sent: Monday, March 5, 2018 3:05 PM To: Simon, Michael <SimonM(0,'r)bfl.us> Cc: Ken Dodge<-I .. c(lodi4eii�.,.Ilw--.I.aw.com> '""W.................. Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Tom- Mike can try to make 1:30 or 4 pm work. On Mar 5, 2018, at 2:30 PM, Simon, Michael<Sirrwo'T.IM,�e..bbfl.-Lis<i.7.,iailto-Sitn.onM(ti-i)t fl.p§>>wrote: I have a 3pm meeting with the Church Trustees. I didn't hear anything... I suppose they could come at 1:30pm or 4pm? Michael Simon, LRES, FRA-RA Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach , Florida 33435 <image937339.png> 2 561-600-9091<tcl.: l- 00-lel l> <image278475.png> 561-73 7-3258<fax:561-737-3258> <image981212.png> i or ( fbb l.us-,-iiiaii : imoihric b.)t mizF,> <image 100270.png> alt a as � s ...... t_p ww . chb0 v IIton,com > <image515122.png><I�ttl)s,.:'/tw tter. oiTil N°:its nb°.— c]iCR > <image503714.png><� 1 /t/ w f eb c��r /t �� ./ � � Beaclz t i /l 93803436 > [http://wwl.boynton-beach.org/signature/cra.jpg]< C :? a tic s :c -C MI/ America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. -----Original Message----- From: Tara Duhy [mailtoAduby l ® wcot.. Sent: Monday,March 5, 2018 1:03 PM To: Simon,Michael <Simo A 4'e,i bb 1, ,,'mzLiltc.; l it r (e�bIiI'I,_ »; Ken Dodge- tk � -�e( =A Subject: Fwd: 211 E. Ocean Ave., Boynton Beach, FL Mike - I now have an appointment in the afternoon. I can attend a meeting by phone or Ken can attend if you still have a availability tomorrow Begin forwarded message: 3 From: Thomas Carney <tfe('a.ca.riie,,,sl,,Tnt.on.coni---rriailto:tf ('camevstaniton.eom><mai,lto:tfc.f�(r canton.corn>> Date: March 5, 2018 at 12:53:18 PM EST To: Tara Duhy<tduh,,�ajlw-law.cf,)m<tyiailto-.tdii (,Pi,ll.w-law.(,,,om><niailto:tdLill!((I, J4,w.corn>> Cc: Ken Dodge l �v,coin.><rnctilto-kdodL-Iel('(t.,,Ilw"-,I,,iw.corll>>, Michael Simon<S'mo M -i bbfl.us<,ririailto:SirnonMf(1,bbfl.us><T'naiIto:SirnonM( r,bb&u >> -1111-411111�� — —------------------------------ Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Good Afternoon, I have just confirmed that I can have someone at the meeting tomorrow. Can you tell me what time is good for you? Thank you very much Tom Carney -----Original Message----- From: Tara Duhy [mailt(,')-.tOILIL q-4 or Sent: Tuesday, February 27, 2018 1:09 PM To: Thomas Carney Cc: Ken Dodge; Michael Simon Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Yes Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 12:05 PM, Thomas Carney <t fc�Li Lc± � t LI%--I -nLe�,,starit(.)n.com<mailto.tf(-((i carte e,),,st�ritit.on,com><,rrj..ail'to:tfc�cica-.ne%,stariton.com>>wrote: Thank you, yes I did. By Tuesday, do you mean the 6th? torn -----Original Message----- From: Tara Duhy [Lymilky tduj-j�,?(q,11w'-"'la'w','colrd Sent: Tuesday, February 27, 2018fiA9 AM To: Thomas Carney Cc: Ken Dodge; Michael Simon Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Tom - I understand you spoke with Ken earlier and will let us know if you and your client would like to meet with Mr. Simon and I in advance of the March meeting. Mr. Simon and I are available Tuesday afternoon next week. Thanks, Tara W. Duhy 4 Lewis, Longman&Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 11:20 AM, Thomas Carney <tfc,a c,,trrieNstziiiton.coi-ri<niailto-tf(,,,,F(�, in><rr1aiIto-ffcYu,,cTrn eYstanton.com>>wrote: Tara, I really am not looking to do battle here. Especially with you and Ken. But we have invested too much in this project and are not just going to walk away, especially with multiple delays, requests, going through several "examiners" at the city(including the last one who rejected the prior examiner's finding and agreements and started over again with NEW requirements. Then the city comes and says we are not meeting deadlines? We need to calm down and get the city/cra to stand down. We are working to complete. To now have to appear under the 'threat" of litigation will only prove to accomplish just that. Tom -----Original Message----- From: Thomas Carney Sent: Tuesday, February 27, 2018 11:08 AM To: 'Tara Duhy' Cc: Ken Dodge Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Respectfully, I spoke with Ken on Thursday,he said he and limited time on Friday and we both agreed on that Thursday call that I would circle back with him on Monday. I called, as agreed, and am waiting for a call back -----Original Message----- From: Tara Duhy [i,.ciailto:tduti�(,."ei,llw-1 .com] Sent: Tuesday, February 27, 2018 11:00 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov (Sh(r,sliovelreadvi)r()'ects.us<mailto-sl(�i,:sli(,,)veli-e,.t(,I\,INnjects.us><:mailto:sI I — -1111----- t(,i, hovelread%eliinoje(,,,ts.i,,i,,,>) Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Respectfully, my partner, Ken Dodge has spoken with you in return of your calls and he will be calling you today as I am in meetings. We are awaiting Mr. Simon's availability for a meeting with CRA staff as requested. Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 27, 2018, at 10:53 AM, Thomas Carney l <ttca camevstcn,co ,,dit(.) m-,,ma.ilto-.tf(,?,�ie� m ciriistariton.com>< ailto:tfc,,,,'(I.c.arneosta ,,c tonxoni>>wrote: And I am still waiting for a call back from my calls of Thursday, Friday, Monday, and this morning. -----Original Message----- From: Thomas Carney 5 Sent: Tuesday, February 27, 2018 10:50 AM To: Tara Duhy Cc: Ken Dodge; Simon, Michael; Steve Labov u !lCiv (,,)y reit �,�))r je is Its` i aat o. ti,s io v r.e. ""�I)roje((tss. � >>"�Fm . ts ii s ,te" e �' mJjcts,us>) Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Thank you for your letter I must categorically reject your position,however. We have not dropped the ball here. The city staffs actions have directly contributed to this situation and has frustrated my client's efforts with respect to this property. There are other factors at play here as well which you clearly have not been made aware. We will be at the meeting,but(again) respectfully request a meeting be set up with staff on the Friday or Monday preceding the March 13th meeting. Thank you Tom Carney -----Original Message----- From: Tara Duhy [Yriailtouh (a ::i -law.. I] Sent: Tuesday, February 27, 2018 10:26 AM To: Thomas Carney Cc: Ken Dodge; Simon, Michael; Steve Labov WI( � t It ��t�� tt� srs�ttltct � 'tt siov l early o 1p Subject: Re: 211 E. Ocean Ave., Boynton Beach, FL Mr. Carney- We appreciate your client's position. However, at this point, staff is not is a position to change course. We have been directed by the CRA Board to institute the reverter provision of the contract. The next regular meeting of the CRA Board is on March 13 at 6:30. I would suggest you attend that meeting and present your client's position at that time. A special meeting of the Board has been scheduled for March 20, where the Board will decide its next steps regarding the property. Tara W. Duhy Lewis, Longman &Walker, P.A. (561) 640-0820 On Feb 26, 2018, at 6:14 PM, Thomas Carney <t �cr c r y,v .it())n.coT:°iK�mail ol-t c,'r,i,e� i :�t iatoiiso°om><r �ailt ,.t ,((L;,i t N� t oti orll><ia ilt `:tfc,;(i �. a; . N.. .......... vstant ettom>>wrote: Ken, Please let me know what time is good for you tomorrow to discuss further From: Thomas F. Carney, Jr. [rnail o tfve i carneylegal I I tt] Sent: Monday, February 26, 2018 4:09 PM To: 'Ken Dodge; 'Simon, Michael' Cc: 'Tara Duhy'; 'tfc@carneystanton.com<tta tilt,(,.) lt,=rr t°arrie�stai,iton. oiii><t tailt t:t t,,(cl c -tt� st,t;to cot a><r to,t t�(,r ame: : s.t.nttt .com> r - 6 Subject: RE: 211 E. Ocean Ave., Boynton Beach, FL Ken, I just left a message at your office in furtherance of our conversation last Thursday. I have researched this on our end and must respectfully disagree with the position taken in your letter dated February 19, 2018 (a copy of which I have attached for your ready reference) My client has been diligently pursuing the necessary approvals with the City. Indeed, after receiving(some time ago) letters from the City as to certain deficiencies, all of them were addressed to the (then) satisfaction of the reviewer. Suddenly, a new person was assigned to the file and everything had to start again-- including the rejection of the changes which had been mandated by the prior reviewer(and which ne conditions required new structural changes). My client has substantial funds invested in this project and, if the CRA is frustrated, imagine our frustration with having to keep dealing with new issues. We really aren't looking for a battle here as we want very much to complete this effort. To ask my client to now, after all the time, effort, money, and back and forth with(now) several reviewers), is not justified and certainly does not raise itself to any transfer back of the property that we are desirous of completing. I am not sure what you are hearing,but I am hearing a different story. My client has no intention of walking away from this project. Please confirm the next CRA meeting date. Also, Please confirm that we can meet with the City the Monday(or Friday)before the meeting to clarify and resolve any concerns. ADDENDUM TO PURCHASE AND DEVELOPMENT AGREEMENT This ADDENDUM to Purchase D Wlelo ment Agreement (hereinafter "Agreement") is made and entered into as of-M_ 18, by and between BOYNTON BEACH 1, a COMMUNITY REDEVELOPMENT AGEN a public agency created pursuant to Chapter 163, Part 111, of the Florida Statutes (hereinafter "Seller") and SHOVEL READY PROJECTS, LLC, successor in interest to LOCAL DEV CO, LLC, a Florida limited liability company (hereinafter"Purchaser, and together with the Seller, the "Parties"). WHEREAS, Seller and Purchaser entered into an Agreement with an effective date of September 29, 2015; and WHEREAS, Seller and Purchaser agree to modify Section 18.3, Development Timeline, of the Agreement to allow the Purchaser additional time to obtain a building permit; and WHEREAS, Seller and Purchaser agree to modify Section 19, Property Reverter Clause of the Agreement to add waiver language in the event Purchaser fails to meet the modified Development Timeline. NOW, THEREFORE, based on the mutual covenants contained herein, the parties agree as follows: I. PURCHASER shall obtain a building permit for the Property on or before May 14, 2018. 2. SELLER agrees to encourage the City to expedite PURCHASER'S building permit application as time is of the essence. 3. In the event that PURCHASER fails to obtain a building permit on or before May 14, 2018, PURCHASER shall execute a deed of the Property back to the SELLER and SELLER shall reimburse PURCHASER $255,000.00, representing the purchase price of the Property. 4. PURCHASER shall waive its right to contest reversion of the Property if it does not obtain a building permit on or before May 14, 2018, and shall execute the deed as described above. To the extent that any of the terms or conditions contained in this ADDENDUM may contradict or conflict with any of the terms or conditions of the attached Agreement, it is expressly understood and agreed that the terms of this ADDENDUM shall take precedence and supersede the attached Agreement. 00959487-3 IN WITNESS WHEREOF. the Parties have CXeCLIted this Addendum as of the date first set forth above. BUYER SELLER LOCAL DEV CO, LLC BOYNTON BEACH COMMUNITY AND/OR ASSIGNS P O REDEVELNIENTF AGE CY V LO By Bv: d. Print Name: Print Name: Title: Title: Date: Date: Witnesses: C14, Witnesses: IT Approved as to form and legal sufficiency C" Attorney W959487 3 Pemit # 16-4870 (Timeline) 211 East Ocean Avenue Orginal Submittal(1stReview) 12/5/2016 Total Number of Reviews by City 5 Time in business days Total Time in business days (City) 83 (City) 41 Total Time in business days (Contractor) 302 (8 Weeks) Total Time(Business Days) 377 Called for Comments 1/30/2017 Time in business days (Contractor) 50 (10 Weeks) 1st-Corrections Submitted (2ndReview) 4/7/2017 Time in business days (City) 20 (4 Weeks) Called for Comments 5/4/2017 Time in business days (Contractor) 124 ( 4 Weeks) 2nd-Corrections Submitted(3rdReview) 10/24/2017 Time in business days (City) 10 (3 Weeks) Called for Comments 11/6/2017 Time in business days (Contractor) 125 ( 3 Weeks) 3rd- Corrections Submitted (4thReview) 4/27/2018 Time in business days (City) 6 (1 Week) Called for Comments 5/4/2018 Time in business days (Contractor) 3 (1 Week) 4th-Corrections Submitted (5thReview) 5/8/2018 Time in business days (City) 6 (1 Week) Ready to be Issued (Pending Req. Docs) 5/15/2018 No Permit Issued as of This Date 5/17/2018 Pemit # 16-4870 (Timeline) 211 East Ocean Avenue Plan Reviewers by Trade P&Z Review Katie Hatcher- 12/8/17 (NA) Katie Hatcher-5/2/17 (Approved) Electrical Review Adrian Popescu (CAP) - 12/7/17 (NA) (Outside Consultant) Anthony Pica -5/1/17 (NA) Joshua Mangone - 11/13/17 (Approved) (New in-house plan reviewer) Plumbing Review James Baker(CAP) - 1/19/17 (NA) (Outside Consultant) James Baker(CAP) -4/21/17 (NA) Henry Glass- 10/27/17 (NA) (New in-house plan reviewer) Henry Glass-5/1/18 (NA) Mechanical Review James Baker(CAP) - 1/19/17 (NA) (Outside Consultant) James Baker(CAP) -4/21/17 (NA) Henry Glass- 10/27/17 (NA) (New in-house plan reviewer) Henry Glass-5/1/18 (NA) Structural Review Mike Gregorchik- 1/17/17 (NA) Mike Gregorchik-4/21/17 (NA) Michael Peters - 11/1/17 (NA) Robert Coady-5/3/18 (NA) Fire Review Jake Lejeune - 1/4/17 (NA) Jake Lejeune - 1/4/17 (NA) Resigned from City Michael Mayall (GFA) - 11/1/17 (NA) (Outside Consultant) Michael Mayall (GFA) -5/3/18 (Approved) Engineering& Utilities Review Frantz Lafontant- 1/25/17 (NA) Frantz Lafontant-5/3/17 (NA) Frantz Lafontant- 11/3/17 (NA) Frantz Lafontant-5/03/18(Approved) Historic Review Warren Adams- 2/14/17 (NA) Resigned from City Michael Rumpf- 11/6/17 (NA) Michael Rumpf-5/4/18(NA) LEWIS Attorneys at Law LLWLONGMAN lw-law.co;n �i►' � WALKER Tara W. Duhy tduhy a,llw-law.com Reply To: 11'est Palm Beach Off ce May 15, 2018 VIA REGULAR & CERTIFIED U.S. MAIL Stephen Labov Shovel Ready Projects, LLC 630 N. 3`d Street Philadelphia, PA 19123 Re: Notice of Default; 211 E. Ocean Avenue, Boynton Beach, Florida Dear Mr. Labov: This letter shall serve as a formal Notice of Default of the Purchase and Development Agreement for the above-referenced property. On September 29, 2015, Shovel Ready Projects, LLC ("Shovel Ready") entered into a Purchase and Development Agreement ("Agreement") with the Boynton Beach Community Redevelopment Agency ("CRA") for the purchase of property located at 211 E. Ocean Avenue, Boynton Beach, Florida. On April 11, 2018, the Agreement was subsequently modified to allow Shovel Ready additional time, up until May 14, 2018, to obtain a building permit. A copy of the Addendum to Purchase and Development Agreement is attached as Exhibit "A." As of the date of this letter, the Building department indicates that Shovel Ready has not obtained a building permit for the Property. Pursuant to the terms of the Addendum, the CRA demands that Shovel Ready execute a General Warranty Deed conveying the Property back to the CRA within 30 days of the date of this letter. In return, the CRA will reimburse Shovel Ready $255,000, representing the purchase price of the Property. In the event that Shovel Ready fails to execute a General Warranty Deed Pursuant to terms of this Agreement, the CRA will seek enforcement of this Agreement, including but not limited to attorneys' fees and costs, in the circuit court of Florida. JACKSONVILLE ST PETERSBURG TALLAHASSEE WEST PALM BEACH I 245 Riverside Ave.,Suite 150 100 Second Ave.South,Suite 501-5 315 SOuth Ca1110un St.,Suite 830 315 North Flagler t)r,Sulte1.500 Jacksonville, Florida 32202 St. Petersburg, Florida 33701 Tallaha 7see I londa 32301 West Pairn Beach Fior id✓i ',.140'1 T:904.353.6=1.10 P 727.245.0820 T 850.222.5702 T`.561.6-10.0820 F:904.353.7619 P 127.990.4057 F:850.22-1.1112,12 F:561 640.8202 00986349-2 See Things Differently Your prompt attention is requested. Please contact me should you have any questions regarding the above. incer Tar Duhy, q ire TWD/ Cc: Thomas Carney, Esquire Stephen Hankin, Esquire Kenneth W. Dodge, Esquire M. Simon, BBCRA T. Utterback, BBCRA 00986349-2 ADDENDUM TO PURCHASE AND DEVELOPMENT AGREEMENT This ADDENDUM to Purchase 13%velopment Agreement (hereinafter "Agreement") is made and entered into as of JS4 18, by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGE,N a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter -Seller") and SHOVEL READY PROJECTS, LLC, successor in interest to LOCAL DEV CO, IA-C, a Florida limited liability company (hereinafter"Purchaser, and together with the Seller. the"Parties"). WHEREAS, Seller and Purchaser entered into an Agreement with an effective date of September 29, 2015; and WHEREAS, Seller and Purchaser agree to modify Section 18.3, Development Timeline, of the Agreement to allow the Purchaser additional time to obtain a building permit; and WHEREAS, Seller and Purchaser agree to modify Section 19, Prppertv Reverter Clause of the Agreement to add waiver language in the event Purchaser fails to meet the modified Development Timeline. NOW, THEREFORE, based on the mutual covenants contained herein, the parties agree as hollows: 1. PURCHASER shall obtain a building permit for the Property on or before May 14, 2018. 2. SELLER agrees to encourage the City to expedite PURCHASER'S building permit application as time is of the essence. 3. In the event that PURCHASER fails to obtain a building permit on or before May 14, 2018, PURCHASER shall execute a deed of the Property back to the SELLER and SELLER shall reimburse PURCHASER $255,000.00, representing the purchase price of the Property. 4. PURCHASER shall waive its right to contest reversion of the Property if it does not obtain a building permit on or before May 14, 2018, and shall execute the deed as described above. To the extent that any of the terms or conditions contained in this ADDENDUM may contradict or conflict with any of the terms or conditions of the attached Agreement, it is expressly understood and agreed that the terms of this ADDENDUM shall take precedence and supersede the attached Agreement, EXHIBIT IN WITNESS WI IEREOF. the Parties have executed this Addendum as of the date first set forth above, BUYER SELLER LOCAL DEV CO, LLC BOVNTON BEACH COMMUNITY AND/OR ASSIGNS REDEVELOPMEN AGE CV By BN,: Print Name: '3 T C Vvu-- Print Name: Title: Title: Date: Date: Witnesses: Witnesses: Approved as to form and legal sufficiency CR X Attorney 2 loCIARNEY STANTON P.L. Attorneys At Law 135 S.E. 5TH AVENUE, SUITE 202 DELRAY BEACH,FLORIDA 33483 TEL: (561)278-5565 FAX: (561)330-8233 EMAIL: do a,carneystanton.com May 24, 2018 Tara W. Duhy, Esq. Lewis Longman and Walker BY CER'T'IFIED MAIL AND ENTAIL, 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 In Re: Notice of Default Letter dated May 15, 2018 211 East Ocean Avenue, Boynton Beach,FL Dear Ms. Duhy: Thank you for taking the time to discuss this matter with me last week. On behalf of our client, Shovel Ready Projects, LLC,this replies to your May 15, 2018 Notice of Default. As stated in my immediate email reply to you on May 15th, we are not in default. Our analysis necessarily commences with a reading of Paragraph 19 ("PROPERTY REVERTER CLAUSE") of the Purchase and Development Agreement with allows for the triggering of a reversion in the event that "PURCHASER defaults in not timely constructing the restaurant per Section 18.3...." [emphasis added], While the April 11, 2018 Addendum provides that the 'PURCHASER shall obtain a building permit on.or before May 14, 2018," it does not make time of the essence nor does it incorporate the time of the essence provision in Paragraph22.2 of the Purchase and Development Agreement. The only time of the essence provision in-the Addendum applies to the City which in paragraph 2 must "expedite PURCHASER'S building permit application as time is of the essence." The intent, indeed, essential spirit of the Addendum was to ensure that construction would be timely completed. Here, at a cost of$52,000.00, the plans were completed but due to circumstances beyond our client's control:were not submitted until May 16 although a building permit was to issue on May 14th. Before the ink on the submitted plans could dry, you were directed to issue a May 15 Notice of Default. That, in turn,places our client between a rock and a hard place for, while they are ready, willing and able (and desire)to pay the non-refundable $48,000 permit fee (by the way,this fee was originally represented to be $18,000), they cannot do so under the threat of forfeiture. Our client has already spent.a substantial amount of money in having plans developed to the tune of approximately$ 52,000.00. For the City to now declare a forfeiture would, indeed, be both inequitable and unconscionable under all of the circumstances. To be sure, equity abhors forfeitures,Dade County v. Or of North Miami Beach, 69 So.2d780(F1a.1953), and courts of equity will avoid them at all costs, White v. Brousseau, 566 So.2d 832(Fla. 5th DCA 1990). We think those principles, combined with the well accepted proposition that where time is not made of the essence a party has a reasonable opportunity to perform will compel a court of equity to extend the applicable period for performance. Generally, see LKushnir Hotels, Inc. v. Durso, 912 So.2d633 (Fla. 4th DCA 2005). If the City wants the property developed, the right thing to do here is to extend the time for payment of the building permit-which can be made within five (5) days of the withdrawal of the threat of forfeiture and, in turn, extend the same requisite time for the completion of construction, which extension must contain a force majeure provision. Otherwise, the subject litigation will only delay development which none of us wish. While we wish to avoid litigation, and hopefully the City does too, absent a fair resolution my client does not intend to suffer the consequences of inequitable,plainly wrong,treatment. We are soclose here with a vision to truly enhance the project and the City. Please let me hear from you as soon as possible. If the CRA wishes a private meeting (we have previously called and have requested one in writing), we are very amenable. Sincerely CARNEY STANTON L. By: Thomas F. Carney, Jr., Esq. TFC/my cc: Steve Labov (by email only) Stephen Hankin, Esq. (by email only) Kenneth W. Dodge, Esq. (by email only) Michael Simon, Boynton Beach CRA (by email only) Theresa Utterback, Boynton Beach CRA (by email only) Subject: FW: 211 East Ocean -----Original Message----- From: Thomas Carney <tfc(-q),cqrneystqnton.-conj> Sent: Friday, June 8, 2018 11:59 AM To: Tara Duhy <tduhyl-'llw-law.coni> Cc: Simon, Michael <SimonM(c-i),bbfl.us>; Lynne Burnaford <1burnaf6rdCti,,11w-1aw.com> Subject: 211 East Ocean Good afternoon Tara, We met this week on the prospects of moving forward with the 211 East Ocean project. It IS something we very much want to do. We essentially have two proposals. 1. We would like to keep moving forward, pay for and receive the building permit, and finish the project. The only thing we would like is to re-visit the timeline. Under the current contract, we need to complete the project in 8 months. Realistically, we think this time period should be 12 months. Additionally, if we are delayed for reasons beyond our control (or by the City), we would like that "delay time" to be, to the extent practicable, added to the timeline. In other words, the running of the time would get "tolled" during the delay. 2. We would voluntarily re-deed the property to the CRA for the original amount we paid plus the sum of $50,000 for the plans, etc. and the work we have already done. This would certainly expedite whoever is next in line to do the project as they would be essentially ready to step into our shoes and immediately commence the project. Please let me know your thoughts. We will be at the CRA meeting next Tuesday, but would like to have some conversation with you and CRA staff to see if this is something they could support. I can be reached ANYTIME at: 561-706-7448 Tom Carney -----Original Message----- From: Tara Duhy [M_aitq, dqhv(&,11w-1aw.com] Sent: Wednesday, May 30, 2018 10:04 AM To: Thomas Carney Cc: Simon, Michael; Lynne Burnaford Subject: Re: Meeting with Mike Simon That will work for us. Just let us know once you speak with your client. Tara W. Duhy Lewis, Longman & Walker, P.A. (561) 640-0820 On May 30, 2018, at 9:58 AM, Thomas Carney <tfc(ti),carneystaii ton,com<maiItQL-tfc a)cqjrney�qantop.com>> wrote: Let me get with my client. I have to be on the road by 11:15 for a meeting in Riviera Beach at noon. So I am thinking, with something around 10 a.m. work? I can't imagine we would be there more than a half an hour Get Outlook for Android<hqp s.://aka.ms/(-Yhei36> From: Tara Duhy <td uhyCdjll I w-law.com<fnqiIto:tduhv(d),11w-law.con i>> Sent: Wednesday, May 30, 2018 9:49:03 AM To: Thomas Carney Cc: Simon, Michael; Lynne Burnaford Subject: Re: Meeting with Mike Simon Tom - Mike and I are available this Friday from 9 to 12:30. Will sometime in that window at the CRA office work for you? Let me know and my assistant Lynne will send a calendar invite. Tara W. Duhy Lewis, Longman& Walker, P.A. (561) 640-0820 On May 25, 2018, at 4:12 PM, Thomas Carney <tfc�liiwarnev stanton.com<pjai Ito:tfc(a�.carnevstantoji.coiii><jiiallto:tfcO),carnevstanton.com>> wrote: Thank you Tara. Have a nice weekend. Tom From: Tara Duhy [mailto:tduhyr,�t)ll_w-l-a—NN-.�.coniI Sent: Friday, May 25, 2018 11:35 AM To: Thomas Carney Cc: 'Simon, Michael' Subject: RE: Meeting with Mike Simon Tom— I apologize for the delayed response. I have been out of town this week. I will coordinate with Mr. Simon on his availability for a meeting mid next week. From: Thomas Carney [inailto:tf'c(d,,camevstanton.coiii] Sent: Wednesday, May 23, 2018 11:28 AM To: Tara Duhy <tduhv(ii.�llw-law.con)<inailto:tduhvL4)11"w/-Iaw.com><mailto:tdiihy( )llw-lqw.coiii>> Cc: 'Simon, Michael' <SimonM CtObfl.us<mai Ito:S imonM 0bbfl.us><i nailto:S irnonMLq-�JJ bfl.Lts>> Subject: Meeting with Mike Simon Tara, I would like to set up a meeting to meet with Mike Simon. As the CRA is represented by counsel, I would like to coordinate with your office for a time either Friday afternoon or Monday/Tuesday (whatever time works for you both. Alternatively, I could meet with him without you, but with your consent. Please let me know 2 Tom Carney 3 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 OLD BUSINESS AGENDAITEM: 13.D. SUBJECT: Consideration of Termination of Lease for Neighborhood Officer Policing Program Office Located at 404 E. Martin Luther King, Jr. Blvd. SUMMARY: On October 1, 2015, the CRA entered into a Lease with DJV Development, LLC for office space for the Neighborhood Officer Policing Program, 404A E. Martin Luther King, Jr. Blvd. The Lease Term is until September 30, 2018, with options to renew. A copy of the Lease is provided as Attachment 1. The lease payment terms are as follows: Lease Payment Terms: 1 st Year$1,000 per month 2nd Year$1,100 per month 3rd (current)Year$1,200 per month Over the past several months there have been sewage leaks from the apartments above rendering the office space unusable. At the beginning of March, 2018, the Officers moved out of the space and are temporarily working from the Carolyn Sims Center. The CRA has provided monthly notices to the landlord that rent is being withheld until code compliant repairs are made to the office. A total of four notices have been sent to the landlord beginning February 28, 2018 and are attached as Attachment 11. Attachment I I I is a Legal Memorandum dated May 29, 2018 from Telsula C. Morgan (Lewis, Longman & Walker) providing, in detail, the background, current status, and legal opinion to terminate the lease. If the Board decides to terminate the lease, a draft termination letter is included as Attachment IV for the Board's review. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Line Item 02-58100-207, rent savings of $8,400 (7 months)from March through September, 2018. CRA P LAN/P ROJ ECT/PROGRAM: Neighborhood Officer Policing Program CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve the termination of the lease with DJV Development, LLC and direct legal counsel to send the termination letter to the landlord. 2. Do not approve termination of the lease and provide CRA Staff with direction. ATTACHMENTS: Description D Attachment I - Lease Agreement D Attachment II -4 Notices Withholding Rent D Attachment III - Legal Memorandum D Attachment IV - Draft Termination Letter COMMERCIAL E THIS LEASE AGREEMENT is made and entered into on October 1, 2015, by and between DJV Development, LLC, whose address is 2203 Avenue X, Brooklyn, NY 11235, (hereinafter referred to as "Landlord"), and Boynton Beach Community Redevelopment Agency, whose address is,, -710 North Federal Highway, Boynton Beach, FL 33435, (hereinafter referred to as "Tenant"). ARTICLE I - GRANT OF LEASE Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property described as 404 E. Martin Luther King, Jr. Blvd. Unit A (the "Leased Premises"), together with, as part of the parcel, all improvements located thereon. ARTICLE Il- LEASE TERM Section 1. Total Tenn of Lease. The term of this Lease shall begin on the commencement date, October 1, 2015 as defined in Section 2 of this Article I1, and shall terminate on September 30, 2018, with one three year option to renew. Base rent escalations of $100.00 per month each anniversary year. Water and sewer are included in rental rate. One month free rent October 2015. Section 2. Commencement Date. The "Commencement Date" shall be October 1, 2015. ARTICLE III - EXTENSIONS The parties hereto may elect to extend this Agreement upon such terms and conditions as may be agreed upon in writing and signed by the parties at the time of any such extension. ARTICLE IV - DETERMINATION OF RENT The Tenant agrees to pay the Landlord and the Landlord agrees to accept, during the term hereof, at such place as the Landlord shall from time to time direct by notice to the Tenant, rent at the following rates and times: Section 1. Annual Rent. Annual rent for the term of the Lease shall be Twelve Thousand Dollars ($12,000.00). Section 2. Payment of Yearly Rent. The annual rent shall be payable in advance in equal monthly installments of one-twelfth (1112th) of the total yearly rent, which shall be One Thousand 001100 ($1,000.00), on the first day of each and every calendar month during the term hereof, and prorate for the fractional portion of any month, except that on the first day of the calendar month immediately following the Commencement Date, the Tenant shall also pay to the Landlord rent at the said rate for any portion of the preceding calendar month included in the term of this Lease. DmR449-2 Page 1 of 19 Reference to yearly rent hereunder shall not be implied or construed to the effect that this Lease or the obligation to pay rent hereunder is from year to year, or for any term shorter than the existing Lease term, plus any extensions as may be agreed upon. A late fee in the amount of One Hundred Dollars ($100.00) shall be assessed if payment is not postmarked or received by Landlord on or before the tenth day of each month. ARTICLE V - SECURITY DEPOSIT The Tenant has deposited with the Landlord the sum of One Thousand Dollars ($1,000.00) as security for the full and faithful performance by the Tenant of all the terms of this lease required to be performed by the Tenant. Such sum shall be returned to the Tenant after the expiration of this lease, provided the Tenant has fully and faithfully carried out all of its terms. In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer the security to the purchaser to be held under the terms of this lease, and the Landlord shall be released from all liability for the return of such security to the Tenant. ARTICLE VI—TAXES Section 1. Personal Property Taxes. The Tenant shall be liable for all taxes levied against any leasehold interest of the Tenant or personal property and trade fixtures owned or placed by the Tenant in the Leased Premises. Section 2. Florida State Sales Tax. The prevailing Florida State Sales Tax shall be applicable to the annual lease amount and payable by the Tenant. Section 4. Payment of Ordinary Assessments. The Tenant shall pay all assessments, ordinary and extraordinary, attributable to or against the Leased Premises not later than twenty-one (21) days after the day on which the same became initially due. The Tenant may take the benefit of any law allowing assessments to be paid in installments and in such event the Tenant shall only be liable for such installments of assessments due during the term hereof. ARTICLE VII - CONSTRUCTION AND COMPLETION Section 1. Improvements by TENANT. Tenant may have prepared plans and specifications for the construction of improvements, and, if so, such plans and specifications are attached hereto as Exhibit "B" and incorporated herein by reference. Tenant shall obtain all certificates, permits, licenses and other authorizations of governmental bodies or authorities which are necessary to permit the construction of the improvements on the demised premises and shall keep the same in full force and effect at Tenant's cost. Tenant shall negotiate, let and supervise all contracts tar the furnishing of services, labor, and materials for the construction of the improvements on the demised premises at its cost. All such contracts shall require the contracting party to guarantee performance and all workmanship and materials installed by it for a period of one year following the date of completion of construction. Tenant shall cause all contracts to be fully and completely performed in a good and workmanlike manner, all to the effect that the improvements shall be fully and completely constructed and installed in accordance with good engineering and construction practice. 06558A49- Page 2 of 19 During the course of construction, Tenant shall, at its cost, keep in full force and effect a policy of builder's risk and liability insurance in a sum equal, from time to time, to three times the amount expended for construction of the improvements. All risk of loss or damage to the improvements during the course of construction shall be on Tenant with the proceeds from insurance thereon payable to Landlord. Upon completion of construction, Tenant shall, at its cost, obtain an occupancy permit and all other permits or licenses necessary for the occupancy of the improvements and the operation of the same as set out herein and shall keep the same in force. Nothing herein shall alter the intent of the parties that Tenant shall be fully and completely responsible for all aspects pertaining to the construction of the improvements of the demised premises and for the payment of all costs associated therewith. Landlord shall be under no duty to investigate or verify Tenant's compliance with the provision herein. Moreover, neither Tenant nor any third party may construe the permission granted Tenant hereunder to create any responsibility on the part of the Landlord to pay for any improvements, alterations or repairs occasioned by the Tenant. The Tenant shall keep the property free and clear of all liens and, should the Tenant fail to do so, or to have any liens removed from the property within fourteen (14) days of notification to do so by the Landlord , in addition to all other remedies available to the Landlord , the Tenant shall indemnify and hold the Landlord harmless for all costs and expenses, including attorney's fees, occasioned by the Landlord in having said lien removed from the property; and, such costs and expenses shall be billed to the Tenant monthly and shall be payable by the Tenant with that month's regular monthly rental as additional reimbursable expenses to the Landlord by the Tenant. Section 2. Utilities. Landlord shall pay for all water, sanitation, and sewer. Tenant shall pay for all electricity, light, heat, gas, power, fuel, janitorial, and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. ARTICLE VIII - OBLIGATIONS FOR REPAIRS Section 1. LANDLORD'S Repairs, Subject to any provisions herein to the contrary, and except for maintenance or replacement necessitated as the result of the act or omission of sub lessees, licensees or contractors, the Landlord shall be required to repair only defects, deficiencies, deviations or failures of materials or workmanship in the building, The Landlord shall keep the Leased Premises free of such defects, deficiencies, deviations or failures during the term of this Lease and any extension thereof. Section 2. TENANT'S Repairs. The Tenant shall repair and maintain the Leased Premises in good order and condition, except for reasonable wear and tear, the repairs required of Landlord pursuant hereto, and maintenance or replacement necessitated as the result of the act or omission or negligence of the Landlord, its employees, agents, or contractors. Section 3. Requirements of the Law. The Tenant agrees that if any federal, state or municipal government or any department or division thereof shall condemn the Leased Premises or any part thereof as not in conformity with the laws and regulations relating to the construction thereof as of the commencement date with respect to conditions latent or otherwise which existed on the 00558449-2 IA4 Page 3 of 19 Commencement Date, or, with respect to items which are the Landlord's duty to repair pursuant to Section 1 and 3 of this Article; and such federal, state or municipal government or any other department or division thereof, has ordered or required, or shall hereafter order or require, any alterations or repairs thereof or installations and repairs as may be necessary to comply with such laws, orders or requirements (the validity of which the Tenant shall be entitled to contest); and if by reason of such laws, orders or the work done by the Landlord in connection therewith, the Tenant is deprived of the use of the Leased Premises, the rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and to that portion of the Leased Premises of which, the Tenant shall be deprived as a result thereof, and the Landlord shall be obligated to make such repairs, alterations or modifications at Landlord's expense. All such rebuilding, altering, installing and repairing shall be done in accordance with Plans and Specifications approved by the Tenant, which approval shall not be unreasonably withheld. If, however, such condemnation, law, order or requirement, as in this Article set forth, shall be with respect to an item which shall be the Tenant's obligation to repair pursuant to Section 2 of this Article VII or with respect to Tenant's own costs and expenses, no abatement or adjustment of rent shall be granted; provided, however, that Tenant shall also be entitled to contest the validity thereof. Section 4. TENANT'S Alterations. The Tenant shall have the right, at its sole expense, from time to time, to redecorate the Leased Premises and to make such non-structural alterations and changes in such parts thereof as the Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations and changes shall neither impair the structural soundness nor diminish the value of the Leased Premises. The Tenant may make structural alterations and additions to the Leased Premises provided that Tenant has first obtained the consent thereto of the Landlord in writing. The Landlord agrees that it shall not withhold such consent unreasonably. The Landlord shall execute and deliver upon the request of the Tenant such instrument or instruments embodying the approval of the Landlord which may be required by the public or quasi public authority for the purpose of obtaining any licenses or permits for the making of such alterations, changes and/or installations in, to or upon the Leased Premises and the Tenant agrees to pay for such licenses or permits. Section 5. Permits and Expenses. Each party agrees that it will procure all necessary permits for making any repairs, alterations, or other improvements for installations, when applicable. Each Party hereto shall give written notice to the other party of any repairs required of the other pursuant to the provisions of this Article and the party responsible for said repairs agrees promptly to commence such repairs and to prosecute the same to completion diligently, subject, however, to the delays occasioned by events beyond the control of such party. Each party agrees to pay promptly when due the entire cost of any work done by it upon the Leased Premises so that the Leased Premises at all times shall be free of liens for labor and materials. Each party further agrees to hold harmless and indemnify the other party from and against any and all injury, loss, claims or damage to any person or property occasioned by or arising out of the doing of any such work by such party or its employees, agents or contractors. Each party further agrees that in doing such work that it will employ materials of good quality and comply with all governmental requirements, and perform such work in a good and workmanlike manner. 99558449-2 I' Page 4 of 19 ARTICLE I TENANT'S COVENANTS Section 1. TENANTSs Covenants. Tenant covenants and agrees as follows: a. To procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only damage by fire and casualty covered by Tenant's insurance coverage, structural repairs (unless Tenant is obligated to make such repairs hereunder) and reasonable wear and tear; b. To permit Landlord and its agents to examine the Leased Premises at reasonable times and to show the Leased Premises to prospective purchasers of the Building and to provide Landlord, if not already available, with a set of keys for the purpose of said examination, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant's business; c. To permit Landlord to enter the Leased Premises to inspect such repairs, improvements, alterations or additions thereto as may be required under the provisions of this Lease. If, as a result of such repairs, improvements, alterations, or additions, Tenant is deprived of the use of the Leased Premises, the rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and to that portion of the Leased Premises of which, Tenant shall be deprived as a result thereof. ARTICLE X - INDEMNITY BY TENANT Section 1. Indemnity and Public Liability. The "Tenant shall save Landlord harmless and indemnify Landlord from all injury, loss, claims or damage to any person or property while on the Leased Premises, unless caused by the willful acts or omissions or gross negligence of Landlord, its employees, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, public liability insurance with limits of not less than one million dollars for injury or death from one accident and $250,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or damage to property on or about the Leased Premises. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancellable without ten (10) days prior written notice to Landlord. ARTICLE XI - USE OF PROPERTY BY TENANT Section 1. Use. The Leased Premises may be occupied and used by Tenant for any lawful purpose in betterment of the community. Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign, or license the use of the property to any sub lessee, assignee, or licensee, which or who shall use the property for any other use. ARTICLE XII - SIGNAGE 00558449-2 k Page 5 of 19 Section 1. Exterior Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect and thereafter, to repair or replace, if it shall so elect signs on any portion of the Leased Premises, providing that Tenant shall remove any such signs upon termination of this lease, and repair all damage occasioned thereby to the Leased Premises. Section 2. Interior Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect, maintain, place and install its usual and customary signs and fixtures in the interior of the Leased Premises. ARTICLE XIII - INSURANCE Section 1. Insurance Proceeds. In the event of any damage to or destruction of the Leased Premises, Tenant shall adjust the loss and settle all claims with the insurance companies issuing such policies. The parties hereto do irrevocably assign the proceeds from such insurance policies for the purposes hereinafter stated to any institutional first mortgagee or to Landlord and Tenant jointly, if no institutional first mortgagee then holds an interest in the Leased Premises. All proceeds of said insurance shall be paid into a trust fund under the control of any institutional first mortgagee, or of Landlord and Tenant if no institutional first mortgagee then holds an interest in the Leased Premises, for repair, restoration, rebuilding or replacement, or any combination thereof, of the Leased Premises or of the improvements in the Leased Premises. In case of such damage or destruction, Landlord shall be entitled to make withdrawals from such trust fund, from time to time, upon presentation of: a. bills for labor and materials expended in repair, restoration, rebuilding or replacement, or any combination thereof; b. Landlord's sworn statement that such labor and materials for which payment is being made have been furnished or delivered on site; and c. the certificate of a supervising architect (selected by Landlord and Tenant and approved by an institutional first mortgagee, if any, whose fees will be paid out of said insurance proceeds) certifying that the work being paid for has been completed in accordance with the Plans and Specifications previously approved by Landlord, Tenant and any institutional first mortgagee in a first class, good and workmanlike manner and in accordance with all pertinent governmental requirements. Any insurance proceeds in excess of such proceeds as shall be necessary for such repair, restoration, rebuilding, replacement or any combination thereof shall be the sole property of Landlord subject to any rights therein of Landlord's mortgagee, and if the proceeds necessary for such repair, restoration, rebuilding or replacement, or any combination thereof shall be inadequate to pay the cost thereof, Tenant shall suffer the deficiency. Section 2. Subrogation. Landlord and Tenant hereby release each other, to the extent of the insurance coverage provided hereunder, from any and all liability or responsibility (to the other or anyone claiming through or under the other by way of subrogation or otherwise) for any loss to or damage of property covered by the fire and extended coverage insurance policies insuring 00558449.2 Mage 6 of 1 the Leased Premises and any of Tenant's property, even if such loss or damage shall have been caused by the fault or negligence of the other party. Section 3. Contribution. Tenant shall reimburse Landlord for all insurance premiums connected with or applicable to the Leased Premises for whatever insurance policy the Landlord, at its sole and exclusive option, should select. ARTICLE XIV - DAMAGE TO DEMISED PREMISES Section 1. Abatement or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof, then in every case the rent reserved in Article IV herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Tenant shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof, of the improvements so damaged or destroyed, shall in no way be construed by any person to effect any reduction of sums or proceeds payable under any rent insurance policy. Section 2. Repairs and Restoration. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section I of Article XIII within nine (9) months of such darnage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord, or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising. AR'T`ICLE XV - CONDEMNATION Section 1. Total Taking. If, after the execution of this Lease and prior to the expiration of the term hereof, the whole of the Leased Premises shall be taken under power of eminent domain by any public or private authority, or conveyed by Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminate as of the date when possession of 00558444-2 k Page 7 of 19 the Leased Premises shall be taken by the taking authority and any unearned rent or other charges, if any, paid in advance, shall be refunded to Tenant. Section 2. Partial Taking. If, after the execution of this Lease and prior to the expiration of the term hereof, any public or private authority shall, under the power of eminent domain, take, or Landlord shall convey to said authority in lieu of such taking, property which results in a reduction by fifteen (15%) percent or more of the area in the Leased Premises, or of a portion of the Leased Premises that substantially interrupts or substantially obstructs the conducting of business on the Leased Premises; then Tenant may, at its election, terminate this Lease by giving Landlord notice of the exercise of Tenant's election within thirty (30) days after Tenant shall receive notice of such taking. In the event of termination by Tenant under the provisions of Section I of this Article XV, this Lease and the term hereof shall cease and terminate as of the date when possession shall be taken by the appropriate authority of that portion of the Entire Property that results in one of the above takings, and any unearned rent or other charges, if any, paid in advance by Tenant shall be refunded to Tenant. Section 3. Restoration. In the event of a taking in respect of which Tenant shall not have the right to elect to terminate this Lease or, having such right, shall not elect to terminate this Lease, this Lease and the term thereof shall continue in full force and effect and Landlord , at Landlord's sole cost and expense, forthwith shall restore the remaining portions of the Leased Premises, including any and all improvements made theretofore to an architectural whole in substantially the same condition that the same were in prior to such taking. A just proportion of the rent reserved herein and any other charges payable by Tenant hereunder, according to the nature and extent of the injury to the Leased Premises and to Tenant's business, shall be suspended or abated until the completion of such restoration and thereafter the rent and any other charges shall be reduced in proportion to the square footage of the Leased Premises remaining after such taking. Section 4. The Award. All compensation awarded for any taking, whether for the whole or a portion of the Leased Premises, shall be the sole property of the Landlord whether such compensation shall be awarded for diminution in the value of, or loss of, the leasehold or for diminution in the value of, or loss of, the fee in the Leased Premises, or otherwise. The Tenant hereby assigns to Landlord all of Tenant's right and title to and interest in any and all such compensation. However, the Landlord shall not be entitled to and Tenant shall have the sole right to make its independent claim for and retain any portion of any award made by the appropriating authority directly to Tenant for loss of business, or damage to or depreciation of, and cost of removal of fixtures, personalty and improvements installed in the Leased Premises by, or at the expense of Tenant, and to any other award made by the appropriating authority directly to Tenant. Section 5. Release. In the event of any termination of this Lease as the result of the provisions of this Article XV, the parties, effective as of such termination, shall be released, each to the other, from all liability and obligations thereafter arising under this lease. ARTICLE XVI - DEFAULT Section 1. LANDLORD'S Remedies. In the event that: M'5844l)-2 Page 8 of 19 a. Tenant shall on three or more occasions be in default in the payment of rent or other charges herein required to be paid by Tenant (default herein being defined as payment received by Landlord ten or more days subsequent to the due date), regardless of whether or not such default has occurred on consecutive or non-consecutive months; or b. Tenant has caused a lien to be filed against the Landlord's property and said lien is not removed within thirty (30) days of recordation thereof; or c. Tenant shall default in the observance or performance of any of the covenants and agreements required to be performed and observed by Tenant hereunder for a period of thirty (30) days after notice to Tenant in writing of such default (or if such default shall reasonably take more than thirty (30) days to cure, Tenant shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion); or d. Sixty (60) days have elapsed after the commencement of any proceeding by or against Tenant, whether by the tiling of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, whereby such proceeding shall not have been dismissed (provided, however, that the non- dismissal of any such proceeding shall not be a default hereunder so long as all of Tenant's covenants and obligations hereunder are being performed by or on behalf of Tenant); then Landlord shall be entitled to its election (unless Tenant shall cure such default prior to such election), to exercise concurrently or successively, any one or more of the following rights: 1. Terminate this Lease by giving Tenant notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in such notice; or ii. Terminate this Lease as provided herein and recover from Tenant all damages Landlord may incur by reason of Tenant's default, including, without limitation, a sum which, at the date of such termination, represents the then value of the excess, if any, of (a) the Minimum Rent, Percentage Rent, Taxes and all other sums which would have been payable hereunder by Tenant for the period commencing with the day following the date of such termination and ending with the date herein before set for the expiration of the full term hereby granted, over (b) the aggregate reasonable rental value of the Premises for the same period, all of which excess sum shall be deemed immediately due and payable; or iii. Without terminating this Lease, declare immediately due and payable all Minimum Rent, Taxes, and other rents and amounts due and coming due under this Lease for the entire remaining term hereof, together with all other amounts previously due, at once; provided, however, that such payment shall not be deemed a penalty or liquidated damages but shall merely constitute payment in advance of rent for the remainder of said term. Upon making such payment, Tenant shall be entitled to receive from Landlord all rents received by Landlord from other assignees, tenants, and subtenants on account of said Premises during the term of this oos%449_2 k Page 9 of 19 Lease, provided that the monies to which tenant shall so become entitled shall in no event exceed the entire amount actually paid by Tenant to Landlord pursuant to the preceding sentence less all costs, expenses and attorney's fees of Landlord incurred in connection with the reletting of the Premises; or iv. Without terminating this Lease, and with or without notice to Tenant, Landlord may in its own name but as agent for Tenant enter into and upon and take possession of the Premises or any part thereof, and, at landlord's option, remove persons and property therefrom, and such property, if any, may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Tenant, all without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby, and Landlord may rent the Premises or any portion thereof as the agent of Tenant with or without advertisement, and by private negotiations and for any term upon such terms and conditions as Landlord may deem necessary or desirable in order to relet the Premises. Landlord shall in no way be responsible or liable for any rental concessions or any failure to rent the Premises or any part thereof, or for any failure to collect any rent due upon such reletting. Upon such reletting, all rentals received by Landlord from such reletting shall be applied: first, to the payment of any indebtedness (other than any rent due hereunder) from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including, without limitation, brokerage fees and attorney's fees and costs of alterations and repairs; third, to the payment of rent and other charges then due and unpaid hereunder; and the residue, if any shall be held by Landlord to the extent of and for application in payment of future rent as the same may become due and payable hereunder. In reletting the Premises as aforesaid, Landlord may grant rent concessions and Tenant shall not be credited therefor. If such rentals received from such reletting shall at any time or from time to time be less than sufficient to pay to Landlord the entire sums then due from Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall, at Landlord's option, be calculated and paid monthly. No such reletting shall be construed as an election by Landlord to tenninate this Lease unless a written notice of such election has been given to Tenant by Landlord. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for any such previous default provided same has not been cured; or v. Without liability to Tenant or any other party and without constituting a constructive or actual eviction, suspend or discontinue furnishing or rendering to Tenant any property, material, labor, Utilities or other service, whether Landlord is obligated to furnish or render the same, so long as Tenant is in default under this Lease; or vi.Allow the Premises to remain unoccupied and collect rent from Tenant as it comes due; or vii. Foreclose the security interest described herein, including the immediate taking of possession of all property on or in the Premises; or viii. Pursue such other remedies as are available at law or equity. e. Landlord's pursuit of any remedy of remedies, including without limitation, any one or more of the remedies stated herein shall not (1) constitute an election of remedies or preclude pursuit of any other remedy or remedies provided in this Lease or any other remedy or remedies provided by law or in equity, separately or concurrently or in any.combination, or (2) sever as y y�y 00559449-3 ��• Page 1 19 of e. the basis for any claim of constructive eviction, or allow Tenant to withhold any payments under this Lease. Section 2. LANDLORD'S Self Help. If in the performance or observance of any agreement or condition in this Lease contained on its part to be performed or observed and shall not cure such default within thirty (30) days after notice from Landlord specifying the default (or if such default shall reasonably take more than thirty (30) days to cure, shall diligently prosecuted the same to completion), Landlord may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of Tenant, and any amount paid or contractual liability incurred by Landlord in so doing shall be deemed paid or incurred for the account of Tenant and Tenant agrees to reimburse Landlord therefore and save Landlord harmless therefrom. Provided, however, that Landlord may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Tenant if any emergency situation exists, or atter notice to Tenant, if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or Landlord's interest therein, or to prevent injury or damage to persons or property. If Tenant shall fail to reimburse Landlord upon demand for any amount paid for the account of Tenant hereunder, said amount shall be added to and become due as a part of the next payment of rent due and shall for all purposes be deemed and treated as rent hereunder. Section 3. TENANT'S Self Help. If Landlord shall default in the performance or observance of any agreement or condition in this Lease contained on its part to be performed or observed, and if Landlord shall not cure such default within thirty (30) days after notice from Tenant specifying the default (or, if such default shall reasonably take more than thirty (30) days to cure, and Landlord shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion), Tenant may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of Landlord and any amount paid or any contractual liability incurred by Tenant in so doing shall be deemed paid or incurred for the account of Landlord and Landlord shall reimburse Tenant therefor and save Tenant harmless therefrom. Provided, however, that Tenant may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Landlord if an emergency situation exists, or after notice to Landlord, if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or Tenant's interest therein or to prevent injury or damage to persons or property. If Landlord shall fail to reimburse 'Tenant upon demand for any amount paid or liability incurred for the account of Landlord hereunder, said amount or liability may be deducted by Tenant from the next or any succeeding payments of rent due hereunder; provided, however, that should said amount or the liability therefor be disputed by Landlord, Landlord may contest its liability or the amount thereof, through arbitration or through a declaratory judgment action and Landlord shall bear the cost of the filing fees therefore. Should Tenant be required to enforce the provisions of this Lease and prevail in any action in furtherance thereof, it shall be entitled to the reimbursement of all costs, expenses and attorney's fees associated with said action. ARTICLE XVII - "TITLE Section I. Subordination. Tenant shall, upon the request of Landlord in writing, subordinate this Lease to the lien of any present or future institutional mortgage upon the Leased Premises irrespective of the time of execution or the time of recording of any such mortgage. Provided, [10553449-2 rage 11 of 19 however, that as a condition to such subordination, the holder of any such mortgage shall enter first into a written agreement with Tenant in form suitable for recording to the effect that: a. in the event of foreclosure or other action taken under the mortgage by the holder thereof, this Lease and the rights of Tenant hereunder shall not be disturbed but shall continue in full force and effect so long as Tenant shall not be in default hereunder, and b. such holder shall permit insurance proceeds and condemnation proceeds to be used for any restoration and repair required by the provisions of Articles XIII, XIV or XV, respectively. Tenant agrees that if the mortgagee or any person claiming under the mortgagee shall succeed to the interest of Landlord in this Lease, Tenant will recognize said mortgagee or person as its Landlord under the terms of this Lease, provided that said mortgagee or person for the period during which said mortgagee or person respectively shall be in possession of the Leased Premises and thereafter their respective successors in interest shall assurne all of the obligations of Landlord hereunder. The word "mortgage", as used herein includes mortgages, deeds of trust or other similar instruments, and modifications, and extensions thereof. The term "institutional mortgage" as used in this Article XVII means a mortgage securing a loan from a bank (commercial or savings) or trust company, insurance company or pension trust or any other lender institutional in nature and constituting a lien upon the Leased Premises. Section 2. Quiet Enjoyment. Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord. Section 3. Zoning and Good 'Title. Landlord warrants and represents, upon which warranty and representation Tenant has relied in the execution of this Lease, that Landlord is the owner of the Leased Premises, in fee simple absolute, free and clear of all encumbrances, except for the easements, covenants and restrictions of record as of the date of this Lease. Such exceptions shall not impede or interfere with the quiet use and enjoyment of the Leased Premises by Tenant. Landlord further warrants and covenants that this Lease is and shall be a first lien on the Leased Premises, subject only to any Mortgage to which this Lease is subordinate or may become subordinate pursuant to an agreement executed by Tenant, and to such encumbrances as shall be caused by the acts or omissions of Tenant; that Landlord has full right and lawful authority to execute this Lease for the term, in the manner, and upon the conditions and provisions herein contained; that there is no legal impediment to the use of the Leased Premises as set out herein; that the Leased Premises are not subject to any easements, restrictions, zoning ordinances or similar governmental regulations which prevent their use as set out herein; that the Leased Premises presently are zoned for the use contemplated herein and throughout the term of this lease may continue to be so used therefor by virtue of said zoning, under the doctrine of "non- conforming use", or valid and binding decision of appropriate authority, except, however, that said representation and warranty by Landlord shall not be applicable in the event that Tenant's act or omission shall invalidate the application of said zoning, the doctrine of "non-conforming use" or the valid and binding decision of the appropriate authority. Landlord shall furnish without expen e to Tenant, within thirty (30) days after written request therefor by Tenant, a title CO,s99149-2 Page 12 of 19 report covering the Leased Premises showing the condition of title as of the date of such certificate, provided, however, that Landlord's obligation hereunder shall be limited to the furnishing of only one such title report. Section 4. Licenses. It shall be the Tenant's responsibility to obtain any and all necessary licenses and the Landlord shall bear no responsibility therefor; the Tenant shall promptly notify Landlord of the fact that it has obtained the necessary licenses in order to prevent any delay to Landlord in commencing construction of the Leased Premises. ARTICLE XVIII - EXTENSIONS/WAIVERS/DISPUTES Section I. Extension Period. Any extension hereof shall be subject to the provisions of Article III hereof. Section 2. Holding Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. Section 3. Waivers. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said patty of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion or a consent to or approval of any other action on the same or any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other, and no one of them, whether exercised by said party or not, shall be deemed to be an exclusion of any other; and any two or more or all of such rights and remedies may be exercised at the same time. Section 4. Disputes. it is agreed that, if at any time a dispute shall arise as to any amount or sum of money to be paid by one party to the other Linder the provisions hereof, the party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of the said party to institute suit for the recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be entitled to recover such sum or so much thereof as it was not legally required to pay Linder the provisions of this Lease. If at any time a dispute shall arise between the parties hereto as to any work to be performed by either of them under the provisions hereof, the party against whom the obligation to perform the work is asserted may perform such work and 00.58449-2 VaPage 13 of 19 pay the costs thereof "under protest" and the performance of such work shall in no event be regarded as a voluntary performance and shall survive the right on the part of the said party to institute suit for the recovery of the costs of such work. If it shall be adjudged that there was no legal obligation on the part of the said party to perform the same or any part thereof, said party shall be entitled to recover the costs of such work or the cost of so much thereof as said party was not legally required to perform under the provisions of this Lease and the amount so paid by Tenant may be withheld or deducted by Tenant from any rents herein reserved. Section 5. TENANT'S Right to cure LANDLORD'S Default, In the event that Landlord shall fail, refuse or neglect to pay any mortgages, liens or encumbrances, the judicial sale of which might affect the interest of Tenant hereunder, or shall fail, refuse or neglect to pay any interest due or payable on any such mortgage, lien or encumbrance, Tenant may pay said mortgages, liens or encumbrances, or interest or perform said conditions and charge to Landlord the amount so paid and withhold and deduct from any rents herein reserved such amounts so paid, and any excess over and above the amounts of said rents shall be paid by Landlord to Tenant. Section b. Notices. All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail, return receipt requested, postage prepaid, and any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed. If intended for Landlord the same will be mailed to the address herein above set forth or such other address as Landlord may hereafter designate by notice to Tenant, and if intended for Tenant, the same shall be mailed to Tenant at the address herein above set forth, or such other address or addresses as 'Tenant may hereafter designate by notice to Landlord. ARTICLE XIX - PROPERTY DAMAGE Section 1. Loss and Damage. Notwithstanding any contrary provisions of this Lease, Landlord shall not be responsible for any loss of or damage to property of Tenant or of others located on the Leased Premises, except where caused by the willful act or omission or negligence of Landlord , or Landlord's agents, employees or contractors, provided, however, that if Tenant shall notify Landlord in writing of repairs which are the responsibility of Landlord under Article VII hereof, and Landlord shall fail to commence and diligently prosecute to completion said repairs promptly after such notice, and if alter the giving of such notice and the occurrence of such failure, loss of or damage to Tenant's property shall result from the condition as to which Landlord has been notified, Landlord shall indemnify and hold harmless Tenant from any loss, cost or expense arising therefrom. Section 2. Force Majeure. In the event that Landlord or Tenant shall be delayed or hindered in or prevented from the performance of any act other than Tenant's obligation to make payments of rent, additional rent, and other charges required hereunder, by reason of strikes, lockouts, unavailability of materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, the act, failure to act, or default of the other party, war or other reason beyond its control, then performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, lack of funds shall not be deemed to be a cause beyond control of either party. . Page 14 of 19 ARTICLE XX - MISCELLANEOUS Section 1. Assignment and Subletting. Under the terms and conditions hereunder, Tenant shall have the absolute right to transfer and assign this lease or to sublet all or any portion of the Leased Premises or to cease operating Tenant's business on the Leased Premises provided that at the time of such assignment or sublease Tenant shall not be in default in the performance and observance of the obligations imposed upon Tenant hereunder. Landlord must consent in writing to any such sublessee or assignee, although such consent shall not be unreasonably withheld. The use of the Leased Premises by such assignee or sublessee shall be expressly limited by and to the provisions of this lease. Section 2. Fixtures. All personal property, furnishings and equipment presently and all other trade fixtures installed in or hereafter by or at the expense of Tenant and all additions and/or improvements, exclusive of structural, mechanical, electrical, and plumbing, affixed to the Leased Premises and used in the operation of the Tenant's business made to, in or on the Leased Premises by and at the expense of Tenant and susceptible of being removed from the Leased Premises without damage, unless such damage be repaired by Tenant, shall remain the property of Tenant and Tenant may, but shall not be obligated to, remove the same or any part thereof at any time or times during the term hereof, provided that Tenant, at its sole cost and expense, shall make any repairs occasioned by such removal. Section 3. Estoppel Certificates. At any time and from time to time, Landlord and Tenant each agree, upon request in writing from the other, to execute, acknowledge and deliver to the other or to any person designated by the other a statement in writing certifying that the Lease is unmodified and is in full force and effect, or if there have been modifications, that the same is in full force and effect as modified (stating the modifications), that the other party is not in default in the performance of its covenants hereunder, or if there have been such defaults, specifying the same, and the dates to which the rent and other charges have been paid. Section 4. Invalidity of Particular Provision. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 5. Captions and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased Premises. If there is more than one Landlord, the covenants of Landlord shall be the joint and several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord shall be the joint and several obligations of each of the partners and the obligations of the firm. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 00,5514:19 Page 15of 19 Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of a joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 6. Brokerage, No party has acted as, by or through a broker in the effectuation of this Agreement, except as set out hereinafter. Section 7. Entire Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both parties, Section 8. Governing Law. All matters pertaining to this agreement (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Florida. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Palm Beach County, State of Florida. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. Section 9. Contractual Procedures. Unless specifically disallowed by law, should litigation arise hereunder, service of process therefor may be, obtained through certified mail, return receipt requested; the parties hereto waiving any and all rights they may have to object to the method by which service was perfected. Section 10. Extraordinary remedies. To the extent cognizable at law, the parties hereto, in the event of breach and in addition to any and all other remedies available thereto, may obtain injunctive relief, regardless of whether the injured party can demonstrate that no adequate remedy exists at law. Section ll. Reliance on Financial Statement. Tenant shall furnish concurrently with the execution of this lease, a Financial statement of Tenant prepared by an accountant. Tenant, both in corporate capacity, if applicable, and individually, hereby represents and warrants that all the information contained therein is complete, true, and correct. Tenant understands that Landlord is relying upon the accuracy of the information contained therein. Should there be found to exist any inaccuracy within the Financial statement which adversely affects Tenant's financial standing, or should Tenant's financial circumstances materially change, Landlord may demand, as additional security, an amount equal to an additional two (2) months' rent, which additional security shall be subject to all terns and conditions herein, require a fully executed guaranty by a third party acceptable to Landlord, elect to terminate this Lease, or hold Tenant personally and individually liable hereunder. ,. Page 16 of 19 IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto duly authorized. Signed, sealed and delivered in the presence of- DJV ,=P MIAIENT, LC "KADLO RD" Witness "I , C,)Pie Witness BO TON BEACH COMMUNITY REDEVELOPMENT AGENCY "Tenant" J&Taylor, Oair Witness (11:�z ,I ......... ..... ..... ................ W ess 00556449-2 Page 17 of 19 ,---EX144BIT--uA-u- 1-4X GAI"Fw-4WXTII9N— The following described real property, together with all improvements thereon. which has a street address as follows? 00558449-2 Page 18 of 19 EXHIBIT "B" TENANT PLANS AND SPECIFICATIONS Page 19 of 19 i LW LEWIS Attorneys at Law L WALKER 1w-law.corn �r N Reply To: West Palm Beach February 28, 2018 VIA CERTIFIED MAIL DJV Development, LLC c/o Jackie Matsas 2203 Avenue X Brooklyn, NY 11235 Re: 404 E. Martin Luther King,Jr. Boulevard, Unit A; Notice of Default Dear Mr. Matsas: This firm represents the Boynton Beach Community Redevelopment Agency ("CRA") with regard to its tenancy in the above referenced property. Please accept this correspondence as formal notice of default of that certain Commercial Lease Agreement dated October 1, 2015, by and between DJV Development, LLC and the CRA. Notwithstanding several requests by both the tenant and the CRA to address the condition of the Property, the Landlord has failed to make the repairs and improvements required under the terms of the Lease. The current condition of the property has rendered it unusable for the purposes in which it was leased, in direct violation of, among others, Article VIII, Section 1; Article XIV; and the default provisions set forth in the Lease. The Tenant has documented all deficiencies, and you should be aware that the Boynton Beach Community Standards-Code Enforcement Department, as well as the Building Department, is addressing same. Accordingly, please be advised that the CRA is withholding the March rent payment pursuant to Articles XIV and XVI, Section 3 of the Lease. All future rent payments shall likewise be withheld and/or prorated until all noted repairs have been completed to the satisfaction of the CRA and Building Department. The CRA intends to take all necessary actions to enforce its rights under the Lease, including seeking damages and attorney's fees if required. Please address all future communications regarding the termination of this lease to my attention at the address below. Sincererly, ' t Kenneth Dodge, uire c: M. Simon, BBCRA T. Utterback, BBCRA T. Duhy, LLW JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALM BEACH 245 Riverside Ave., St.iite 150 015 South C1_aI :o(jn St., Surge 101 Riverfront Blvd., Suite 620 515 North Flagler Dr., Suite 1 500 Jacksonville, Florida 32202 -Tallahassee, Rotda«2301 Bradenton, Florida 34205 West Palm Beach, Florida 33401 T 904.353.6410 T 850,2221,i-_1702 1-1 941.-708.40-10 T 661.64 0.0320 F: 904.3$aDs'a3i�t F: 8 1.224.92-1'2 F: 941.708.402-1 F: 561 640.8202 See Things Differently` Al ornevs at Lava LW LEWIS LONGMAN 11w-law.corn "�%Wrq,r L WALKER Reply To: West Palm Beach March 27, 2018 VIA CERTIFIED MAIL& EMAIL DJV Development, LLC c/o Jackie Matsas 2203 Avenue X Brooklyn, NY 11235 Re: 404 E. Martin Luther King,Jr. Boulevard, Unit A; Second Notice of Default Dear Mr. Matsas: As a follow up to the March 1, 2018, correspondence from this office, please accept this correspondence as formal notice of the continuing default of that certain Commercial Lease Agreement dated October 1, 2015, by and between DJV Development, LLC and the CRA. The Landlord has failed to make the repairs and improvements previously brought to your attention and required under the terms of the Lease. Accordingly, please be advised that the CRA is withholding the April rent payment pursuant to Articles XIV and XVI, Section 3 of the Lease. All future rent payments shall likewise be withheld and/or prorated until all noted repairs have been completed to the satisfaction of the CRA and Building Department. The CRA intends to take all necessary actions to enforce its rights under the Lease, including seeking damages and attorney's fees if required. Please address all future communications regarding the termination of this lease to my attention at the address below. Sinc rely, K nneth Dodge, Esquire c: M. Simon, BBCRA T. Utterback, BBCRA T. Duhy, LLW JACKSONVILLE TALLAHASSEE TAMPA BAY WEST PALMI BEACH 245 Riverside Ave., Suite 150 315 South CalhOUIi St., Suite 830 101 Riveriront Blvd., Suite 620 515 North Flagler Dr., Suite 1500 Jacksonville, Florida 32202 Tallahassee, Florida 32301 Bradenton, Florida 34205 West Pah) Beach, Florida 33401 T: 904.353.6410 T 850.222.5702 T 941.703.4040 T: 561.610.0320 F: 904.38°,..6° F:850.224.9242 F 941.703.4024 F 561.640.8202 See Things Differently LEWIS Attorneys at Law LW LONGMAN Iiw-law.com Vol 5-1101 L WALKER Reply To: West Palm Beach April 27, 2018 VIA CERTIFIED MAIL&EMAIL DJV Development, LLC c/o Jackie Matsas 2203 Avenue X Brooklyn, NY 11235 Re: 404 E. Martin Luther King,Jr. Boulevard, Unit A; Third Notice of Default Dear Mr. Matsas: As a follow up to the correspondence from this office dated March 1, 2018, and March 27, 2018, please accept this as formal notice of the continuing default of that certain Commercial Lease Agreement dated October 1, 2015, by and between DJV Development, LLC and the CRA. The repairs and improvements previously brought to your attention and required under the terms of the Lease remain uncompleted and the unit remains untenable. Accordingly, please be advised that the CRA is withholding the May rent payment pursuant to Articles XIV and XVI, Section 3 of the Lease. All future rent payments shall likewise be withheld and/or prorated until all noted repairs have been completed to the satisfaction of the CRA and Building Department. As you have been notified, the CRA intends to take all necessary actions to enforce its rights under the Lease, including seeking damages and attorney's fees if required. Please address all future communications regarding the termination of this lease to my attention at the address below. Sincerely, Ann Esquire c: M. Simon, BBCRA T. Utterback, BBCRA T. Duhy, LLW JACKSONVILLE ST.PETERSBURG TALLAHASSEE WEST PALM BEACH 245 Riverside Ave.,Suite 150 100 Second Ave.South,Suite 501-5 315 South Calhoun St.,Suite 830 515 North Flagler Dr.,Suite 1500 Jacksonvill%,p 8��T 2202 St.Petersburg,Florida 33701 Tallahassee,Florida 32301 West Palm Beach, Florida 33401 T-:904.353.6410 T:727.245.0820 T 850.222.5702 T 561.640.0820 F:904.353.7619 F:727.290.4057 F:850.224.9242 ' F:561.640.8202 See Things Differently Attorneys at Law LEWIS LONGMAN LLW Ilw-law.com WALKER May 31, 2018 Reply To: West Palm Beach VIA CERTIFIED MAIL&EMAIL DJV Development, LLC c/o Jackie Matsas 2203 Avenue X Brooklyn, NY 11235 Re: 404 E. Martin Luther King,Jr. Boulevard, Unit A; Fourth Notice of Default Dear Mr. Matsas: As a follow up to the correspondence from this office dated March 1, 2018, March 27, 2018, and April 27, 2018, please accept this as formal notice of the continuing default of that certain Commercial Lease Agreement dated October 1, 2015, by and between DJV Development, LLC and the CRA. The repairs and improvements previously brought to your attention and required under the terms of the Lease remain uncompleted and the unit remains untenable. Accordingly, please be advised that the CRA is withholding the June rent payment pursuant to Articles XIV and XVI, Section 3 of the Lease. All future rent payments shall likewise be withheld and/or prorated until all noted repairs have been completed to the satisfaction of the CRA and Building Department. As you have been notified, the CRA intends to take all necessary actions to enforce its rights under the Lease, including seeking damages and attorney's fees if required. Please address all future communications regarding the termination of this lease to my attention at the address below. Sinnrely, Kenneth odge, Esquire, cc: M.Simon, BBCRA T. Utterback, BBCRA T. Duhy, LLW JACKSONVILLE ST.PETERSBURG TALLAHASSEE PALM BEACH 245 Riverside Ave.,Suite 150 100 Second Ave.South,Suite 501-5 315 South Calhoun St.,Suite 830 515 North Flagler Dr.,Suite 1500 JacksonvigF�32202 St.Petersburg,Florida 33701 Tallahassee,Florida 32301 West Palm Beach,Florida 33401 T:904.353.6410 T:727.245.0820 T:850.222.5702 T:561.640.0820 F:904.353.7619 F:727.290.4057 F:850.224.9242 F:561.640.8202 LEWIS Attorneys at Law LONGMAN L LW WALKER Ilw-law.corn Telsula C.Morgan tmorgan@llw-law.com Reply To: West Palm Beach MEMORANDUM TO: Michael Simon FROM: Telsula C. Morgar DATE: May 29, 2018 SUBJECT: Termination of Commercial Lease Agreement with DJV Development,LLC BACKGROUND On October 1, 2015, the Boynton Beach Community Redevelopment Agency ("CRA") entered into a Commercial Lease Agreement ("Agreement") with DJV Development, LLC. ("DJV") on a property located at 404 E. Martin Luther King Jr. Boulevard, Unit A, Boynton Beach, Florida. The building has been occupied by the Neighborhood Officers Program("NOP"). Pursuant to the terms of the Agreement, the lease is set to expire on September 30, 2018. Throughout the NOP's tenancy in the building, DJV has failed to maintain the plumbing in reasonable good working condition, cure the infestation of roaches and termites in the building, and maintain the ceiling, floors, foundations and all other structural components in good repair. Pursuant to Article VIII, Section 1 of the Agreement, "the Landlord shall be required to repair and keep the lease premises free of defects, deficiencies, deviations or failures of materials or workmanship in the building." Despite the explicit mandate that the landlord is required to maintain the building in good condition, the NOP has had to deal with the toilet backing up every three months, sewage spills on the floor, and the ceiling leaking on a frequent basis. As a result, mold has begun to grow along with the NOP concerns regarding the indoor air quality. While both the NOP and the CRA have made several requests to the landlord to address the condition of the building, DJV has failed to make the repairs and improvements required under the terms of the Agreement in a timely manner. On or about March 1,2018,the Neighborhood Police moved out of the Property due to the ongoing maintenance issues in the building. On the same day, the CRA, through counsel, sent a letter to DJV regarding the property's deficiencies and advised that the CRA would be withholding the March 2018 rental payment, as well as future rental payments, pursuant to Article XIV and XVII, Section 3 of the Lease, until all noted repairs were completed to the satisfaction of the CRA and the Boynton Beach Building Department. Additionally, the CRA advised DJV that the CRA JACKSONVILLE ST.P ESUR TALLAHASSEE WEST PALM BEACH 245 Riverside Ave.,Suite 150 100 Second Ave.South,Suite 501-S 315 South Calhoun St.,Suite 830 515 North Flagler dr.,Suite 1500 Jacksonville,Florida 32202 St.Petersburg,Florida 33701 Tallahassee,Florida 32301 west Palm Beach,Florida 33401 T 904.353.6410 T:727.245.0820 T:850.222.5702 T 561.640.0820 F:904.353.704.R66-3 F:727.290.4057 F:850.224.9242 F:561.640.8202 Y` „ f-'Y would take all necessary actions to enforce its rights under the Agreement, including seeking damages and attorney's fees if required. On March 27, 2018 and April 27, 2018, additional letters were mailed to DJV advising that the CRA would be withholding the April and May rent pursuant to the aforementioned terms of the lease agreement, due to the landlord's failure to meet its obligations. The CRA also demanded return of the security deposit pursuant to Article V of the Lease. CURRENT STATUS OF PROPERTY On or about March 1, 2018, when the NOP vacated the premises, the drain pipes in the building were leaking water onto the flooring. On March 2, 2018, the CRA was notified that repair work at the NOP office had been tagged.by the City of Boynton Beach for failure to pull a plumbing permit. Pursuant to Article III, Section 5 of the Agreement, "[e]ach party agrees to procure all necessary permits for making any repairs,alteration,or other improvements for installations,when applicable...Each party further agrees that in doing such work that it will employ materials of good quality and comply with all governmental requirements, and perform such work in a good and workmanlike manner." On April 4, 2018, an application was subsequently submitted to the building department. As of May 24, 2018, the CRA was advised by a Building Department office that the application has plumbing review comments that are still waiting for resubmittal. DJV is scheduled to appear before a magistrate in July for the work that was completed at the property without permits. Since the NOP has vacated the building,the NOP has provided access to the property manager and contractor to complete the necessary repairs. As of May 21,2018,the toilet was once again backed up and raw sewage was visible. TERMINATION Given that DJV has failed to maintain the facility in good working condition, and the leased premises remains wholly untenantable, we recommend that the CRA consider terminating the Commercial Lease Agreement with DJV. cc: Tara Duhy Theresa Utterback 00985766-3 Kenneth W.Dodge kdodge@llw-law.com Reply To: West Palm Beach June 5,2018 VIA CERTIFIED MAIL AND EMAIL DJV Development, LLC c/o Jackie Matsas 2203 Avenue X Brooklyn,NY 11235 Re: Termination of Commercial Lease Agreement 404 E.Martin Luther King,Jr.Boulevard,Unit A,Boynton Beach,Florida Dear Mr.Matsas: Please accept this letter on behalf of the Boynton Beach Community Redevelopment Agency ("CRA") notifying you that the Commercial Lease Agreement for the above-referenced property, dated October 1, 2015, is hereby terminated due to your failure to maintain the plumbing in good working condition, obtain the required permits in repairing the premises,cure the infestation of roaches and termites in the building, and maintain the ceiling, floors, foundations and all other structural components in good repair, in breach of Article III, Section of the Agreement. The CRA issued DJV Notices of Default on March 1, 2018, March 27, 2018, and April 27, 2018, advising DJV of the ongoing maintenance issues at the property;however,DJV's failure to remedy these deficiencies in a reasonable time period has rendered the premises untenantable and constitutes a material breach of the Agreement. Accordingly, the CRA requests a final inspection of the property at your earliest convenience, at which time the CRA will surrender the keys to the property and will require a return of its security deposit. If you have any questions,please do not hesitate to give me a call. Sincerely, Kenneth Dodge, Esquire cc: M. Simon, BBCRA T.Utterback, BBCRA T. Duhy, LLW 00992264-4 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 OLD BUSINESS AGENDAITEM: 13.E. SUBJECT: Consideration of Community Caring Center of Greater Boynton Beach Inc.'s Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program SUMMARY: On May 8, 2018, the CRA Board approved a grant in the amount of $57,681 to support the Community Caring Center of Greater Boynton Beach Inc.'s (CCC) Secret Garden Cafe Culinary Incubator & Job Training Center. The CCC's program/project is aligned with the business development goals of the Nonprofit Organization Grant Program (NOGP) and will directly benefit the stakeholders within the CRA area. The attached draft agreement specifies the Scope of Work, Results and Deliverables, and Reporting and Reimbursement schedule for the program/project to ensure the successful implementation of the Secret Garden Cafe Culinary Incubator & Job Training Center and consistency with the NOGP requirements in furtherance of the CRA Plan (see Attachment 1). FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Line item 02-58500-470 (Business Incubator Support), $92,929 FY 2017-2018 Budget, Project Fund, Line item 02-58200-405 (Site Work& Demolition), $4,758 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: At its June 7, 2018 meeting, the CRAAB Board recommended approval of the Community Caring Center of Greater Boynton Beach, Inc.'s Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program (NOGP) in the amount not to exceed $57,681 over a period of six months. CRA BOARD OPTIONS: 1. Approve the Community Caring Center of Greater Boynton Beach, Inc.'s (CCC) Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program (NOGP) in the amount not to exceed $57,681 over a period of six months. 2. Do not approve the Community Caring Center of Greater Boynton Beach, Inc.'s (CCC) Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program (NOGP) in the amount not to exceed $57,681 over a period of six months. 3. The Board may approve modifications to the Community Caring Center of Greater Boynton Beach, I nc.'s (CCC)grant agreement based upon review and discussion. ATTACHMENTS: Description D Attachment I -CCC Grant Agreement AGREEMENT TO FUND THE SECRET GARDEN CULINARY INCUBATOR AND JOB TRAINING CENTER OF COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. This Agreement for the funding of business incubator program services ("Agreement") is entered into by and between the: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public agency created pursuant to Chapter 163, Part III, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435; and the COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC., DBA THE SECRET GARDEN CAFE, A CULINARY INCUBATOR ("CCC"), a Florida Not-For-Profit Corporation, with a business address of 410 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. RECITALS WHEREAS, the CRA recognizes that the future economic health of the CRA and the City of Boynton Beach ("City") depends upon small businesses; and WHEREAS, the CRA recognizes that many of the small businesses within the City are facing challenges due to economic conditions; and WHEREAS, business incubators, specifically including CCC, work to nurture the development of entrepreneurial companies by providing business support services and by allowing companies to share resources in order to reduce overhead, operational, and other costs; and WHEREAS, the CRA Board anticipates that CCC will assist in creating jobs in the Boynton Beach Community Redevelopment Area ("CRA Area"), enhancing the entrepreneurial climate in the CRA Area, retaining business in the CRA Area, and diversifying the local economy; and WHEREAS, the CRA Board anticipates that businesses opened outside the CRA Area but within Boynton Beach will provide jobs to residents that live in the CRA Area, and will provide an economic enhancement to businesses within the CRA Area; WHEREAS, the CCC business incubator program meets the CRA's objective of economic development within the CRA Area per Chapter 163, Part III, Florida Statutes and with further the objectives of the 2016 Boynton Beach Community Redevelopment Plan (`CRA Plan"); and WHEREAS, The CRA recognizes that the CCC's incubator program ("Incubator Program") is a culinary incubator program model specific to growing culinary businesses that allows businesses produce their food and beverage products in a shared kitchen environment; and WHEREAS, it is likely that CCC's culinary incubator clients would have substantial costs associated with creating their own establishments, including training and one-on-one technical assistance to new and existing small businesses; and 00991959-1 Page 2 of 12 WHEREAS, the CRA Board approved the Fiscal Year 2017-2018 budget at the September 19, 2017 meeting, which included funding the Nonprofit Organization Grant Program ("NOGP") for the Economic/Business Development category, to support eligible nonprofit organizations with projects and programs that will create jobs and economic opportunities in the CRA District and further the CRA Plan; NOW THEREFORE in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Incorporation. The foregoing recitals and all other information above are true and correct at the time of the execution of this Agreement and are hereby incorporated herein as if fully set forth. Section 2. Effective Date. This Agreement shall be effective on the date the last party to sign executes this Agreement ("Effective Date"). Section 3. Goals of the Business Incubator Program Funded by the CRA. The goal of the NOGP is to assist City residents and businesses, especially those located in the CRA Area, in starting or expanding small businesses in furtherance of the CRA Plan, as it may exist from time to time. This Agreement shall be interpreted to further this goal and the CRA Plan. Section 4. Requirements A. Scope of Work. CCC will run the Incubator Program to assist Boynton Beach residents and businesses who desire to start up a small business or accelerate the growth of an existing business (Incubator Program Clients). CCC will use its best efforts to ensure that the Incubator Program will provide a nurturing learning and production environment for small businesses, individual entrepreneurs, and minority and women-owned businesses. CCC will assist both experienced and inexperienced business clients and provide training and counseling services on a variety of topics to help current and aspiring business owners become successful business owners. The parties agree that it is reasonable for Incubator Program Clients to remain in the Incubator Program for up to five (5) years. B. Eligibility. The parties agree that entrepreneurs, start-up business, new businesses and existing businesses shall be eligible for the Incubator Program. C. Results and Deliverables. CCC will: 1. Provide a report (Quarterly Report) to the CRA according to the schedule in Section 4.D of this Agreement. Failure to submit a Quarterly Report constitutes an event of default pursuant to this Agreement and renders CCC ineligible to receive funding pursuant to this Agreement unless or until such default is cured in accordance with Section 13.K. of this Agreement. The CRA will not process requests for reimbursement until the default is cured. The Quarterly Report must contain an update on each item listed in this Paragraph 4.0 (Results and Deliverables). 2. Implementation of the Outputs and Outcomes as identified in the CCC's NOGP Project/Program Model and Funding Evaluation Plan (attached hereto as Exhibit "A" and hereby incorporated herein) by December 31, 2018. CCC will provide evidence to the CRA of this job creation by submitting W-2 forms, 1099 forms, or RT-6 Quarterly State of Florida Reemployment Tax forms with each Quarterly Report. 00991959-1 Page 3 of 12 3. Conduct quarterly workshops/training. CCC will submit with each Quarterly Report copies of sign-in sheets from the workshops/trainings. The sign-in sheets must include the following information: a. Name, type, and description of each workshop or training, including the date, location and time of the workshop or training. b. Name, address, telephone number, and email address of participant(s), along with the business name and type of business of participant(s) (if applicable). 4. Create a cumulative list of Incubator Program Clients ("Client List") and provide proof of residency for all clients as of June 1, 2018. Acceptable forms of proof of residency include driver's licenses, business and corporate documents, business licenses and other forms of proof the CRA deems acceptable. The Client List must indicate whether each client is existing or new and if any Incubator Program Client on a previous report or Client List has dropped out of the Incubator Program. After the first Quarterly Report, CCC shall be required to submit proof of residency documents only for new Incubator Program Clients. 5. Provide statistics on Incubator Program Clients who have graduated from the Incubator Program ("Incubator Program Graduates"), including a list of Incubator Program Graduates who have started or expanded their businesses. In the Quarterly Report, CCC must provide copies of leases for businesses of Incubator Program Graduates and a description of the business that have been started or expanded as a result of the Incubator Program. 6. Make active efforts to ensure that a minimum of 25% of the Incubator Program Clients and Incubator Program Graduates reside in or intend to open independent businesses within the CRA Area, and provide written or marketing materials used to meet this goal. CCC will provide an update on progress towards this goal in each Quarterly Report. 7. Obtain and provide to the CRA data on the economic impact of the Incubator Program, which shall include business data, such as tax returns, of Incubator Program Clients and Incubator Program Graduates as reported to the Internal Revenue Service, and other summary data related to economic impact in the CRA Area. 8. Provide financial statements for the Incubator Program. CCC will hire, at its own expense, an independent Certified Public Accountant to provide the CRA with a review of the most recent Financial Statement Review for the Incubator Program. The review must be submitted to the CRA as soon as completed and prior to any additional funding consideration by the CRA. Failure to submit the review constitutes an event of default pursuant to this Agreement and renders CCC ineligible to receive funding pursuant to this Agreement unless or until such default is cured in accordance with section 13.K. of this Agreement Quarterly financial statements are due on the schedule outlined in Section 4.D of this Agreement. This paragraph shall not be read to require financial statements from all Incubator Program Clients and Incubator Program Graduates. 9. Undertake Incubator Program marketing outreach activities to recruit participants who are new or existing small business owners. Marketing efforts will be towards persons who are residents of the City of Boynton Beach or own and operate a small business located in the City of Boynton Beach, with an enhanced effort to reach businesses and residents in the CRA Area. Recruitment of participants for the program will be from word of mouth, direct marketing, publicity mailings, email, press releases, attendance at local business events, and referrals by 00991959-1 Page 4 of 12 the local Boynton Beach community organizations. CCC shall provide copies of marketing materials with each Quarterly Report. D. Reporting and Reimbursement Requests. CCC shall provide to the CRA Quarterly Reports and requests for reimbursement according to the following schedule: For the period of June 12 —September 30, 2018: due to CRA by October 1, 2018 October 1 — December 31, 2018: due to CRA by January 15, 2019 Section 5. Compensation. The CRA shall pay CCC a total of $57,681 for CCC's performance of its obligations under this Agreement. CCC will be paid quarterly in an amount of $28,840.50 per quarter upon formal written request by CCC. Payment is contingent upon receipt by the CRA of all Results and Deliverables listed in Section 4. Time is of the essence, and in order to receive compensation, CCC must make requests for compensation in accordance with the schedule found in Section 4.D of this Agreement. The CRA shall pay within thirty (30) days receipt of all required reports, reviews, and requests. Deadlines for reports must be strictly adhered to in order to be eligible for reimbursement by the CRA. All payments shall be in the form of a CRA check made payable to CCC. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by CCC, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve CCC of any liability under this Agreement. Section 6. No Partnership. CCC agrees that nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or CCC's performance under this Agreement. If this Agreement is deemed to empower CCC to work on behalf of CRA, CCC shall be considered to be an independent contractor. Section 7. Termination. This Agreement will automatically terminate after the CRA has made the last payment to CCC as requested by CCC pursuant to the schedule in Section 4.D of this Agreement. This Agreement may be terminated earlier for any reason, or no reason, by the CRA upon thirty (30) days written notice of termination to CCC. Section 8. Non-Discrimination. CCC agrees that no person shall, on the grounds of race, color, ancestry, disability, national origin, religion, age, familial or marital status, sex or sexual orientation, be excluded from the benefits of, or be subjected to discrimination under any activity carried on by CCC, its subcontractors, or agents, in the performance of this Agreement. In the event that the CRA is made aware that such discrimination has occurred in breach of this Agreement, it shall provide notice to CCC. Upon receipt of such notice, CCC shall have 15 days to provide evidence that it has cured the breach. The CRA will evaluate the evidence provided and determine, in its sole discretion, if the breach has been adequately cured, and if the CRA determines the breach has not been cured, the CRA shall have the right to immediately terminate this Agreement shall not be liable for any further payments to CCC pursuant to this Agreement. This Section shall not be construed so as to alter any other provisions of this Agreement concerning termination except as specifically stated in this Section. Section 9. Convicted Vendor List. As provided in Sections 287.132 — 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, CCC certifies that it, and its affiliates, contractors, subcontractors or agents who will perform hereunder, have not been placed 00991959-1 Page 5 of 12 on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date of this Agreement. Section 10. Indemnification. CCC shall indemnify, defend, save, and hold harmless the CRA, its elected officers, its agents, and its employees, from any and all claims, demands, suits, costs, damages, losses, liabilities, and expenses, sustained by any person whomsoever, which damage is direct, indirect or consequential, arising out of, or alleged to have arisen out of, or in consequence of the services furnished by or operations of CCC or its subcontractors, agents, officers, employees or independent contractors pursuant to the Agreement, specifically including, but not limited to, those caused by or arising out of any intentional act, omission, negligence or default of CCC and/or its subcontractors, agents, servants or employees in the provision of services under this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. Section 11. Notice. Whenever either party desires to give notice to the other party as required under this Agreement, it must be given by written notice to the name(s) and address(es) specified in this Section, and must be sent by (i) hand delivery with a signed receipt; (ii) by a recognized national courier service; or (iii) by Certified United States Mail, with return receipt requested. Any party may change the person or address to whom notice must be directed by providing written notice to the other parties. Notices must be sent to: If to the CRA: Boynton Beach Community Redevelopment Agency Attn.: Michael Simon, Interim Executive Director 710 North Federal Highway Boynton Beach, Florida 33435 With copy to: Tary Duhy, Esquire Lewis, Longman &Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to CCC: Sherry Johnson Community Caring Center of Greater B.B. Inc. P.O. Box 100, E. Boynton Beach Blvd. Boynton Beach, FL 33435 Every notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. Section 12. Waiver of Claims. The CRA shall not be responsible for any property damages or personal injury sustained by CCC from any cause whatsoever related to CCC's performance under this Agreement, whether such damage or injury occurs before, during, or after the term of this Agreement. CCC hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by CCC. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. 00991959-1 Page 6 of 12 Section 13. General Provisions. A. Entire Agreement; No Modification. The CRA and CCC agree that this Agreement sets forth the entire and sole Agreement between the parties concerning the subject matter expressed herein and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in the Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. B. Survival. The provisions of this Agreement regarding termination, default, and indemnification shall survive termination or expiration of this Agreement and shall remain in full force and effect. C. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. D. Headings, The Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. E. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. F. Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. G. Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of CCC contained in this Agreement. H. No Transfer. CCC shall not subcontract, assign or otherwise transfer this Agreement to any individual, group, agency, government, nonprofit or for-profit corporation, or any other entity, without the prior, written consent of the CRA. I. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and CCC (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. J. Public Records. The CRA is public agency subject to Chapter 119, Florida Statutes. To the extent required by law, CCC shall comply with Florida's Public Records Law. Specifically, CCC shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the services referenced herein; 00991959-1 Page 7 of 12 2. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if CCC does not transfer the records to the CRA. 4. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of CCC or keep and maintain public records required by the CRA to perform the service. If CCC transfers all public records to the CRA upon completion of the contract, CCC shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CCC keeps and maintains public records upon completion of the contract, CCC shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF CCC HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CCC'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or SimonM@bbfl.us. K. Default. The failure of CCC to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If CCC fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement and shall not be liable for any further payments to CCC pursuant to this Agreement; however, the CRA may elect, in its sole discretion, to fully or partially compensate CCC for CCC's partial performance under this Agreement. L. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. M. Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. N. Compliance with Laws. In its performance of this Agreement, CCC shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 00991959-1 Page 8 of 12 IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the day and year written below. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Witness) Print Name: Steven B. Grant, Chair Print Name: Date: (Witness) Print Name: THE COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC., DBA THE SECRET GARDEN CAFE, A CULINARY INCUBATOR PROGRAM By: Sherry Johnson, Executive Director (Witness) Print Name: Date: (Witness) Print Name: 00991959-1 Page 9 of 12 EXHIBIT "A" i ------------ 15 ng fu u t4 7 k ui w ■ rr tc, vuj rE IT , n. a lW. Al Ow a ** ; c, A P ;ad td 00991959-1 Page 10 of 12 funding Evaluation Plan Boynton Beach Community Redevelopment Agency(CRA) Organi7ation Com ter of Contact Pervokn art larojectAlrol,prm" NarneS Uumlln,gPeticid 6F1118-111L'18 PROG RXNI/PROJ LCT Activity 91,Operate a Business Incubator for Culinary Lritreprencturs OLI-'tPU['S INteaswable ladicatcirs Evaluatio"1"nioccom p Outratc VV'ho.TwAs,Whese 1. 30culmar'v rmcro-vMerprh,'e--,' will Who:Incubator Dinxior, Fxv�uln,c Direxior, 1171) parlicil,mle in busitte s developmerst flusific Conn Issas, PNC Workshop Facifilators. activities -Icsols:Atterwidance I irsts,1"Ittsiness Licensc-'s-,Coaching 2. 4 Fri trepreneur howeases,6zlor corri munity Reports,PArfiLilMilt EnrcAlmern&Income retail cvosils C(rfifiLAtiOn Forms. Whew Data entered monthlN,revievved qUarlCrIV. Reported annually and more often per various funder re;riuire:nactats, 01.14"COVILS Measurable Indicattm—s 4 Powegs-Nurses acs: INIta,I'Vols,VN"hoo * U',stablishment and/or e-Npanoon of:'V Who:Incubator Direcior,FAeculive Directcfr, Develofi rent Corts tilt ants: *3 111 Meese paying Job!�it&tire CRA arca, Totals�Client database,chent follow-up survc'Ya as Irwreasod econoirtic acti vi tv in the CRA area, When: Reported annually and more often Per varjow; 4, Divcv�j f ied [OCAI eLt)notnN,in the(RA area. f ti Infer ret.1tij remen ts' PROGRAM/PROJECI Actin it 9 1,provide Certified I ocid 1-1 andlcr'�',Jo b I ............ OUTPUTS/Measn'ral7le Indicakirr, + 1 Evitlualion Priacess-Oatpoic Who.,TwAs.V%Ibrn 1, 10 Certified 1"ood Handlers, from CR-A Whw Job 1'raining Prograrn C(xwdmator, areMx Clw,(�Kitchen Skills Instructor,Executive[Areclor, 2 1 Job Fai r Tools�Attendance Liats, Licensing,Exam,Internship Record,,, and Participant F,nrollinenk Income Certification For"Is, When-. Data entervi nionthly,revietV0 d q narterl v or with eakch gradating cohort. Reported annually and more often[�wr various funder requirciwnts. OUTCOMUS t h"leasuraMe locticatow's + EvAlitationt t"rokc-es'-Outt""Its, Mitf,IOtAsWho'" * IncreasAM economic activitv in the CRA area, Whoc job Training Program Coordinatk:), Exesc-inive * 3 1 figher paying jobs in the'CRA area andfor Dire(lor,Development Constiftants for people living in thew(.,,RA area, -1 k. Whew Iia f)orled annually and ritore often per Various lunder reNuireincrits, F.valuatkDn masse('arnmunayC.&rrrkF.Cerkt�r of Gates Boynton Deazh.IN 2017,2018,A pn[I 19-20113,Fbge I of I 00991959-1 Page 11 of 12 NmrMixv responsw 1, Describe inpul, U mqto this Evaluation 111,11-A,Or file Proith--t/Program INtodel(s)on m1mch it is hased,. Imm oubode coliquHrints,staid, Ifoard,funder-s,clients,or oflier Our evaluation lools and methrods have 1mvn designeAl by Aa(f, dienk, and onr dev0l�lpuleml =sWimil, and alsil irx"oorporate indicalors and measures, as required 11), Our lunders and 11-c�ard of Dircv.'k'w�, 1 MY Ole organizatIon engage in other evaluation mMvHwN and mpwWT? If mi,describe hAR'v Wu afmt provide program OUV�ICOUFIand0 % 10PIWFILM WpAWS 10 % u Urn ch AntY Clorm-nurully Adion Prog"m rymdkg It I rahung outconmxsv 3. Will atara ardddiliondl LOA be&LUU&I to implentent[his Evaluation Min? X N'es o Il yvc dwribe s NOW i KmA and mnou n b. Wu hxv as dwdopmerat lamslalunt that Inn adder us w iM surne evalu ation ,uI:qxn't and it is indrided ill mu-murlual "whact. We hmv been -41mariahl-Ung,our evahlidion and iniplomentlng as new s*ymern that will better track jot-; created, increases in hllsint�s revenut,anti participantsimonie, loh attained arld maintained and tuck service,, pri'mAded. In particuiar, we am hmking M updMing our exwl dmabase andpWAY CTVdtW)",.A L'Cllurniter-ba.",od data entrw forill to ensure we am obtaining all VC nwwwrV conhai and oukorne data for edLh pT4)gFdln pal-144mint and rwhime orlr mialvsk We using vxLel as our tracking �hvvt has liqxorne vmN buM,V. We me bmigeting, $13AR)o for evaluation needs for IN201419, t U aNAmbly haat v acklitYnal ants been 90u&d An 1he pry"Upro,gi-min budgd? )"C'S', WC hAVC indUCIMI an S10111 alltMdhOn wivaml evaluMion acthilies. I Who will he m-ponvible Q coordinating Me evaluation process and preparing quarterly/annual rd rorts7 'I lie Incubator Director will respmwitile for awidinalfing the evaluat-ion pmcess and prepatIng quarterly fCt)0rLS IOV [110 InCUbatOr adivilies, and the job I raillinp,('0cmd' indt0f mill reSpOuSibIC for C00filihAting file mvilu;ition ruxe,,4 am, pmpmMg climutedy mport-,, for the P41 ImMing acfivitu--. Sherry Johnson, I'Nocutive Direvior with he ruin lorl of (Anhal Devemplilent sohdmin� Our Dvvehq1tnent Gorrduflants' wM create ainrival rd orts and review all gram comphanwe rqviN 6. 1 low U HI evaluation dahl lie usod for in We inionitor chila tpiartedy and address issne, as they mise, as ablo l -aalrialkln daU 6 ruvw"ed as part Of employov evainahorin which K done annually or ruore fr(hjuvritly in the Laso of new hire- or ill the everil of an impmvernent plan, Annually. evaluation data Is regarding, program as part of our annual boarti me tong%N hid' YdH now also inchido updafel�"to our Aratogic plan. 7. VSH evaluation lie shared with organizatiorl'laff"?)o�" S. Will Vv An a"Oil d ala/mports"he shared w-i th th v organ i/al ion',s Bo ard of Di reclors?)'es, 9. 1 he Ro'ynton LIewich CRA retluken Wt nahliation data relative to(J�Lk support lie reported quarterly and out the elm!of the%Vdr. VV i H the dakal mlnwb-be s hared w Uh oMer Madders' 151a related to the YN I"WWg Progran-1 will lie shared with Pishu BeaLh i.L4nunt"nL ConainunitY At tides program, Pata related to the InLuhator wawa' y he, ,hamd wilh ach,10tionA huridws as "V have ansh"Am- 00991959-1 Page 12 of 12 for funding pending, We aimi plan to do am Agency Annual Report ml late 2018 for FY2,Ill 7-18 and prograrn results will be,published in it-. 104 Whoare other organization stakeholders? Will evaluation datalreports be shied with thern? Stakeholders iticlude Pahn Beach Courth,Community Ac6on Program,JINC Foundatitul,anti the Cilty of Boynton Beach and data/reports will be reported as requirrd, C-TARM C—AllON-ANI)M` tVi�R_Qfyf_UV&('y 1,the undersigned applicanqs),certify that A infonnaflon presented in this appkation,and alt of the info firm furnished insupport of the applicari(m, is given for the purpose (if obtaining a grant underthe Wwfaorl Stmrh Community Redevelopment Awcy Nonprofit (,rrgankzation Grant l"ilagram, and it is tn4v and con I iplete In the bc.sl of jnv knowledge and belief. I further certify that I am aware of the fact khat I can be ilonalized by fine and4* unpri4cmirnelit for niaking Va6c tat rnont or pre'4'sen ling false information- I fivill(i wknowle-dge that I hj%v re�ild and undersialld the terms,and conditions %v.t forth and deer ribed In the HOYTHOrl. Beach Community Redevelopment Agency Nonfinotit C.)rSanizAifion Grant Progrrim Rulesand I underitand that this application is not a guaransce of Sant and that award oI`grants is at the so - discretion of file Boynton lknicfl,Commuml,'v Redevelopment Agency Board. I understand that the purpos-e of dw grant isi to further the Boynton Kea&Community Redevelopment Plan, avid that the, Hoyntcm fteacl, Community Redevelopment Agency may de line MN apOiCatkin for any legal reason, htclurifi% the reLrrq. it g , 'p in lal rallfing dul award will not hirther the(,-'orrunmuty Redevempillern Plan, Strould my application Nnapprrwed, I midemtand that the RA may, at its sole discrvlion, cfi%cvwnttnut- subsidy fi;,iyrnvmts at any time if in it-, sole arid abi4,r1rnc determination it feels slach assimance no longer meets the prograrn crit ria or'Is llolonger in furtherance of the Boynton Beach("cmununity f9odevelopmetil Plan. I hereby w4mv my riBlAs under the privacy and ctinfideDnauty pl-0145kin act,and gdve my Consent to Ihp 13(wilton Beach Cornorunitv Redevelopment Agerwy, its agents and contractors In examine anv confidoitial inforn"rahlul given herein, I further grant penni"Won, and as diorize any,bank, employers or othe, poblic orpo,,irto a -V In diwkwse inforniatic)n deemed ntnresssary tan crimplejo this appJ4'416,on, gere 1 I give perinksion to the Boyroon Beach Communits, Redevehiptilent Agency or its agents to take photos of mvs(-If and busirtima to he used In prornote the rprograrn, Sigirat'am below in'dicate appreval of and crimmitment to fins Evaluation Plan and the Project/fArograorl MotitJ on is,I'MU& 4'D 4 Olief Exec :+ S1 tone Da(6 Chaik'r�rscw' i, board of Diroctors,, 'TAte Printed Narne/Thle Printed Name Attachment: 11rojec-biro graran Model Evatuani'm Plan'("Ximmunkly CjjurWnnr°r cny 4H ar Flnyetunkeen h,fVA)M2018, ktird 114 201Page 3 sir 3 00991959-1 t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 OLD BUSINESS AGENDAITEM: 13.F. SUBJECT: Consideration of Habitat for Humanity International (d/b/a Habitat for Humanity South Palm Beach County) Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program SUMMARY: On May 8, 2018, the CRA Board approved a grant in the amount of $40,000 to support the Habitat for Humanity International's (d/b/a Habitat for Humanity of South Palm Beach County's) (HFHSPBC) The Door to Sustainability Project. The HFHSPBC's project is aligned with the goals of the Nonprofit Organization Grant Program (NOGP) by providing new and maintaining existing affordable housing units within the CRA area. The attached draft agreement specifies the Scope of Work, Results and Deliverables, and Reporting and Reimbursement schedule for the project to ensure the successful implementation of The Door to Sustainability Project and consistency with the NOGP requirements in furtherance of the CRA Plan (see Attachment 1). FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Line item 02-58500-470 (Business Incubator Support), $92,929 FY 2017-2018 Budget, Project Fund, Line item 02-58200-405 (Site Work& Demolition), $4,758 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: At its June 7, 2018 meeting, the CRAAB Board recommended approval of the Habitat for Humanity International's (d/b/a Habitat for Humanity South Palm Beach County) (HFHSPBC) Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program (NOGP) in the amount not to exceed $40,000 over a period of twelve (12) months. CRA BOARD OPTIONS: 1. Approve the Habitat for Humanity International's (d/b/a Habitat for Humanity South Palm Beach County) (HFHSPBC) Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program (NOGP) in the amount not to exceed $40,000 over a period of twelve (12) months. 2. Do not approve the Habitat for Humanity International's (d/b/a Habitat for Humanity South Palm Beach County) (HFHSPBC) Grant Agreement for the Boynton Beach CRA Nonprofit Organization Grant Program (NOGP) in the amount not to exceed $40,000 over a period of twelve (12) months. 3. The Board may approve modifications to the HFHSPBC grant agreement based upon review and discussion. ATTACHMENTS: Description D Attachment I - HFHSPBC Grant Agreement AGREEMENT TO FUND THE DOOR TO SUSTAINABILITY PROJECT OF HABITAT FOR HUMANITY INTERNATIONAL (d/b/a HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY) This Agreement for the funding of the construction and maintenance of affordable housing units ("Agreement") is entered into by and between the: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"), a public agency created pursuant to Chapter 163, Part III, Florida Statutes, with a business address of 710 North Federal Highway, Boynton Beach, Florida 33435; and the HABITAT FOR HUMANITY INTERNATIONAL (d/b/a HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY) ("HFHSPBC"), a Florida Not-For-Profit Corporation, with a business address of 181 SE 5th Avenue Delray Beach, FL 33483. RECITALS WHEREAS, the CRA recognizes that increasing and maintaining affordable housing opportunities within the Boynton Beach Community Redevelopment Area ("CRA Area") is essential to effectuating the 2016 Boynton Beach Community Redevelopment Plan ("CRA Plan"); and WHEREAS, the CRA Board finds that the services and programs provided by the HFHSPBC further the goals and objectives of the CRA as contained in the CRA Plan, and are in the best interest of the CRA; and WHEREAS, the CRA will provide funding to the HFHSPBC, pursuant to the terms and conditions of this Agreement, in order to assist the HFHSPBC with activities that address the goals and objectives contained in the CRA Plan, and the needs and priorities defined by the CRA in the CRA's Nonprofit Organization Grant Program (NOGP); and WHEREAS, HFHSPBC applied for and was awarded a grant under the NOGP in accordance with the procedures specified in the NOGP; and WHEREAS, the CRA finds that this Agreement serves a municipal and public purpose, is in furtherance of the CRA Plan, and conforms with the requirements of Florida law; and WHEREAS, The Door to Sustainability Project meet the CRA's objective of providing new and maintaining existing affordable housing within the CRA Area per Chapter 163, Part III, Florida Statutes and with further the objectives of the CRA Plan; and WHEREAS, the CRA Board approved the Fiscal Year 2017-2018 budget at the September 19, 2017 meeting, which included funding the Nonprofit Organization Grant Program (NOGP), and on March 8, 2018, the CRA Board authorized funding within the NOGP budget line item for the Affordable and Workforce Housing category of the NOGP to support eligible nonprofit organizations with projects and programs that will create and/or maintain affordable and workforce housing opportunities in the CRA Area and further the CRA Plan; 00993742-1 Page 2 of 18 NOW THEREFORE in consideration of the mutual promises, covenants and agreements herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Incorporation. The foregoing recitals and all other information above are true and correct at the time of the execution of this Agreement and are hereby incorporated herein as if fully set forth. Section 2. Effective Date. This Agreement shall be effective on the date the last party to sign executes this Agreement ("Effective Date"). Section 3. Goals of the HFHSPBC The Door to Sustainability Project Funded by the CRA. The goal of the NOGP is to provide City residents, especially those located in the CRA Area, with affordable and workforce housing opportunities in furtherance of the CRA Plan, as it may exist from time to time. HFHSPBC will assist with this effort through the construction of new affordable housing units and maintenance of existing affordable housing units. This Agreement shall be interpreted to further these goals and the CRA Plan. Section 4. Requirements A. Scope of Work. HFHSPBC will construct four (4) new affordable housing units (located at 123 & 127 NE 12th Avenue, Boynton Beach, FL 33435 and Villas A & B at NE 11th Avenue and NE 2nd Street, Boynton Beach, FL 33435), complete six (6) Neighborhood Revitalization projects in the Heart of Boynton Beach (identified in the CRA Plan), and conduct life skills and/or homeownership and maintenance workshop or training within the term of this Agreement. Collectively, these will be referred to as The Door to Sustainability Project (the "Project"). B. Eligibility. The parties agree that existing and prospective residents within the City of Boynton Beach shall be eligible for all aspects of the Project. C. Results and Deliverables. HFHSPBC will: 1. Provide a report (Quarterly Report) to the CRA according to the schedule in Section 4.D of this Agreement. Failure to submit a Quarterly Report constitutes an event of default pursuant to this Agreement and renders HFHSPBC ineligible to receive funding pursuant to this Agreement unless or until such default is cured in accordance with Section 13.K of this Agreement. The CRA will not process requests for reimbursement until the default is cured. The Quarterly Report must contain an update on each item listed in this Paragraph 4.0 (Results and Deliverables). 2. Implement the Outputs and Outcomes as identified in the HFHSPBC's NOGP Project/Program Model and Funding Evaluation Plan (attached hereto as Exhibit "A" and hereby incorporated herein) by June 30, 2019. With each Quarterly Report, HFHSPBC will provide evidence to the CRA of the delivery of new affordable housing units or improved properties by submitting at minimum, copies of all issued building permits, copies of all closed building permits, and before and after photographs of each of the improvements for which HFHSPBC seeks reimbursement. For each project or undertaking that is required by law or ordinance to obtain a Certification of Occupancy or a Certificate of Completion in order to be occupied, each Quarterly Report must also contain copies of all Certifications of Occupancy and/or a Certificates of Completion. The CRA will not make final payment to HFHSPBC for reimbursement of expenditures related to the construction of new affordable housing units unless or until copies of Certificates of Occupancy 00993742-1 Page 3 of 18 and/or a Certificates of Completion have been provided to the CRA for each new unit. Copies of the Certifications of Occupancy and/or a Certifications of Completion must be submitted no later than July 1, 2019 in order for HFHSPBC to remain eligible for reimbursement of those expenses. 3. Conduct quarterly life skills and/or home ownership and maintenance workshops/training. HFHSPBC will submit with each Quarterly Report copies of sign-in sheets from the workshops or trainings. The sign-in sheets must include the following information: a. Name, type, and description of each workshop or training, including the date, location and time of each workshop or training. b. Name, address, telephone number, email address of participant(s). 4. Create a cumulative list ("Client List") of Project participants and beneficiaries ("clients") and provide proof of residency for all clients as of June 1, 2018. Acceptable forms of proof of residency include driver's licenses, utilities bill, and other forms of proof the CRA deems acceptable. The Client List must indicate whether each client is existing or new and if any Project client on a previous report or Client List has dropped out of The Door to Sustainability Project. After the first Quarterly Report, HFHSPBC shall be required to submit proof of residency documents only for new Project clients. 5. Make active efforts to ensure that the Project clients reside in or intend to live within the CRA Area, and provide written or marketing materials used to meet this goal. HFHSPBC will provide an update on progress towards this goal in each Quarterly Report. 6. Obtain and provide to the CRA data on the residents of the Project, which shall include but not limited to residents' name, address, phone number, email address, household income, household size, occupation, age, gender, and race of Project clients, and other summary data related to affordable housing impact in the CRA area. 7. Provide financial statements for the Project. HFHSPBC will hire, at its own expense, an independent Certified Public Accountant to provide the CRA with a review of the most recent Financial Statement Review for the Project. The review must be submitted to the CRA as soon as completed and prior to any additional funding consideration by the CRA. Failure to submit the review constitutes an event of default pursuant to this Agreement and renders HFHSPBC ineligible to receive funding pursuant to this Agreement unless or until such default is cured in accordance with section 13.K. of this Agreement. Quarterly financial statements are due on the schedule outlined in Section 4.D of this Agreement. This paragraph shall not be read to require financial statements from all Project clients. 8. Undertake Project marketing outreach activities to recruit participants who are new or existing residents. Marketing efforts will be towards persons who are existing or prospective residents of the City of Boynton Beach, with an enhanced effort to reach existing or prospective residents in the CRA Area. Recruitment of participants for the Project will be from word of mouth, direct marketing, publicity mailings, email, press releases, attendance at local business and housing events, and referrals by the local Boynton Beach community organizations. HFHSPBC shall provide copies of marketing materials with each Quarterly Report. D. Reporting and Reimbursement Requests. HFHSPBC shall provide to the CRA Quarterly Reports and requests for reimbursement according to the following schedule: 00993742-1 Page 4 of 18 For the period of June 12 —September 30, 2018: due to CRA by October 1, 2018 October 1 — December 31, 2018: due to CRA by January 15, 2019 January 1 — March 31, 2019: due to CRA by April 1, 2019 April 1 — June 30, 2019: due to CRA by July 1, 2019 Section 5. Compensation. The CRA shall pay HFHSPBC a total of $40,000 for HFHSPBC's performance of its obligations under this Agreement. HFHSPBC will be paid quarterly in an amount of $10,000 per quarter upon formal written request by HFHSPBC. Payment is contingent upon receipt by the CRA of all Results and Deliverables listed in Section 4. Time is of the essence, and in order to receive compensation, HFHSPBC must make requests for compensation in accordance with the schedule found in Section 4.D of this Agreement. The CRA shall pay within thirty (30) days receipt of all required reports, reviews, and requests. Deadlines for reports must be strictly adhered to in order to be eligible for reimbursement by the CRA. All payments shall be in the form of a CRA check made payable to HFHSPBC. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by HFHSPBC, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve HFHSPBC of any liability under this Agreement. Section 6. No Partnership. HFHSPBC agrees that nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or HFHSPBC's performance under this Agreement. If this Agreement is deemed to empower HFHSPBC to work on behalf of the CRA, HFHSPBC shall be considered to be an independent contractor. Section 7. Termination. This Agreement will automatically terminate after the CRA has made the last payment to HFHSPBC as requested by HFHSPBC pursuant to the schedule in Section 4.D of this Agreement. This Agreement may be terminated earlier for any reason, or no reason, by the CRA upon thirty (30) days written notice of termination to HFHSPBC. Section 8. Non-Discrimination. HFHSPBC agrees that no person shall, on the grounds of race, color, ancestry, disability, national origin, religion, age, familial or marital status, sex or sexual orientation, be excluded from the benefits of, or be subjected to discrimination under any activity carried on by HFHSPBC, its subcontractors, or agents, in the performance of this Agreement. In the event that the CRA is made aware that such discrimination has occurred in breach of this Agreement, it shall provide notice to HFHSPBC. Upon receipt of such notice, HFHSPBC shall have 15 days to provide evidence that it has cured the breach. The CRA will evaluate the evidence provided and determine, in its sole discretion, if the breach has been adequately cured, and if the CRA determines the breach has not been cured, the CRA shall have the right to immediately terminate this Agreement shall not be liable for any further payments to HFHSPBC pursuant to this Agreement. This Section shall not be construed so as to alter any other provisions of this Agreement concerning termination except as specifically stated in this Section. Section 9. Convicted Vendor List. As provided in Sections 287.132 — 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, HFHSPBC certifies that it, and its affiliates, contractors, subcontractors or agents who will perform hereunder, have not been placed on the Convicted Vendor List maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date of this Agreement. 00993742-1 Page 5 of 18 Section 10. Indemnification. HFHSPBC shall indemnify, defend, save, and hold harmless the CRA, its elected officers, its agents, and its employees, from any and all claims, demands, suits, costs, damages, losses, liabilities, and expenses, sustained by any person whomsoever, which damage is direct, indirect or consequential, arising out of, or alleged to have arisen out of, or in consequence of the services furnished by or operations of HFHSPBC or its subcontractors, agents, officers, employees or independent contractors pursuant to the Agreement, specifically including, but not limited to, those caused by or arising out of any intentional act, omission, negligence or default of HFHSPBC and/or its subcontractors, agents, servants or employees in the provision of services under this Agreement. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. Section 11. Notice. Whenever either party desires to give notice to the other party as required under this Agreement, it must be given by written notice to the name(s) and address(es) specified in this Section, and must be sent by (i) hand delivery with a signed receipt; (ii) by a recognized national courier service; or (iii) by Certified United States Mail, with return receipt requested. Any party may change the person or address to whom notice must be directed by providing written notice to the other parties. Notices must be sent to: If to the CRA: Boynton Beach Community Redevelopment Agency Attn.: Michael Simon, Interim Executive Director 710 North Federal Highway Boynton Beach, Florida 33435 With copy to: Tary Duhy, Esquire Lewis, Longman &Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to HFHSPBC: Randy Nobles Habitat for Humanity International (d/b/a HFHSPBC) 181 SE 5th Avenue Delray Beach, FL 33483 Every notice shall be effective on the date actually received, as indicated on the receipt therefore, or on the date delivery thereof is refused by the intended recipient. Section 12. Waiver of Claims. The CRA shall not be responsible for any property damages or personal injury sustained by HFHSPBC from any cause whatsoever related to HFHSPBC's performance under this Agreement, whether such damage or injury occurs before, during, or after the term of this Agreement. HFHSPBC hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by HFHSPBC. This waiver, discharge, and release specifically include negligence by the CRA, its agents, or its employees, to the fullest extent the law allows. Section 13. General Provisions. A. Entire Agreement; No Modification. The CRA and HFHSPBC agree that this Agreement sets forth the entire and sole Agreement between the parties concerning the subject matter expressed herein and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in the Agreement may be added to, modified, superseded,or 00993742-1 Page 6 of 18 otherwise altered, except by written instrument executed by the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. B. Survival. The provisions of this Agreement regarding termination, default, and indemnification shall survive termination or expiration of this Agreement and shall remain in full force and effect. C. Severability. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. D. Headings, The Headings herein are for convenience of reference only and shall not be considered in any interpretation of this Agreement. E. Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the Parties expressly agree and submit. F. Independent Advice. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. G. Voluntary Waiver of Provisions. The CRA may, in its sole and absolute discretion, waive any requirement of HFHSPBC contained in this Agreement. H. No Transfer. HFHSPBC shall not subcontract, assign or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or for-profit corporation, or any other entity, without the prior, written consent of the CRA. I. Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the CRA and HFHSPBC (or in any representative capacity) as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. J. Public Records. The CRA is a public agency subject to Chapter 119, Florida Statutes. To the extent required by law, HFHSPBC shall comply with Florida's Public Records Law. Specifically, HFHSPBC shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the CRA in order to perform the services referenced herein; 2. Upon request from the CRA's custodian of public records, provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records 00993742-1 Page 7 of 18 disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if HFHSPBC does not transfer the records to the CRA. 4. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of HFHSPBC or keep and maintain public records required by the CRA to perform the service. If HFHSPBC transfers all public records to the CRA upon completion of the contract, HFHSPBC shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If HFHSPBC keeps and maintains public records upon completion of the contract, HFHSPBC shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. IF HFHSPBC HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO HFHSPBC'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or SimonM K. Default. The failure of HFHSPBC to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If HFHSPBC fails to cure the default within seven (7) days' notice from the CRA, the CRA may terminate the Agreement and shall not be liable for any further payments to HFHSPBC pursuant to this Agreement; however, the CRA may elect, in its sole discretion, to fully or partially compensate HFHSPBC for HFHSPBC's partial performance under this Agreement. L. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. M. Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. N. Compliance with Laws. In its performance of this Agreement, HFHSPBC shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations. 00993742-1 Page 8 of 18 IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the day and year written below. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: (Witness) Print Name: Steven B. Grant, Chair Print Name: Date: (Witness) Print Name: HABITAT FOR HUMANITY INTERNATIONAL (d/b/a HABITAT FOR HUMANITY OF SOUTH PALM BEACH COUNTY) By: Randy Nobles, President & CEO (Witness) Print Name: Date: (Witness) Print Name: 00993742-1 Page 9 of 18 EXHIBIT "A" , Z to z r . e71!, r yt tj rj v .a r r ,d m r '' rri CIO M, 01 t M ' . j r r rld s r t toF ., ' 5 14 Ell T r N ♦ + _ a • 00993742-1 Page 10 of 18 31 � 4 " ma 71 Aj CA r „ ... i n E ip r " CL Ct d= c 14 7 2 P a s 00993742-1 Page 11 of 18 41 ; ct0 a w ,,.. _ . Id I-D w g�� .�.... rr. •, �, .� � .� � " � IPS �i � mJ It:, � �,•Cd t� :� �>'� t4 Imo, sfi� � '� �; 45�' . � �,, "' �; `: �, �• "" � � ,� jai.. G457 ' 131ry wz IJ C-1 wl 17 rs "' 17 7 � a IZT y — v Z7, r 7- r ZZ a`TM. 4 i f' 00993742-1 Page 12 of 18 41 r , a; C' Tv m 5 Yl l 5 'R s a nr CL *: E 7 r PDC 20, �Ya U to ' x.. ,,. a h; m 00993742-1 Page 13 of 18 Funding Evaluation Plan Boynton Beach Community Redevelopment Agency(CRA) Orgar&ution '�lt-of, H of-South PalmBeach CC UUty_Contad Person MICURM—eau Profect/Program,Name-1hc-Q-gaxJn,%aUmb&tt_ ]Funding PenadjUly L ZMb_=1RUCV,= The Boynton Beach CRA is a public agency and is governed by dw'Florida Public Re-cords LawO under Florida State Statutes,Chapter 119,Any documents provided by the Applicant(s)may be subject to production by the CRA upon receipt of a public records requesk subject to any exemptions provided by Florida Law. SUBMISSION OF AN APPLICNITON 1.5 NOT AGUARANIME OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant 'Program's RtilmAtequirements and Application. NOTICE 110 11-11RD p The grant application program does not create any rights for any parties,including parties that performed work on the prtlect.Nor shall issuance of a grant result in any obligation on the part of the(IRA to any third party.The CNA is not required to verity that entities that have contracted with the applicant have been paid in full,or that such entities have paid any subcontractors in full.App licant!s warranty that all bills related to the Projectfor which the applicant is directly responsible is sufficient assurance for the CRA to,sward grant funding. Copy-and-paste table below to addms each Key Activity included in the Project/Program Modelfor the ProgramlProject PROGR&MMROJECT. Activity 01 Build two villas in the Heart of Boynton Beach(123& HFHSPBC-The Door to 127 NTE 120,Ave and Villa A&8 at NE 11'k Ave and NE 2,w Street) Sustabutbility OUTPUT$/Meastuable Indicators 4 ftaluation Process-Outputs: Who,Tools,'Whim Is. Four new homes will be created W"lim HFFSPBr,City of Boynton Beach M Four new twopayers will be created Took Tax Roles,Property Appraiser Website, WhervIly June 30,2019 OUTCOMES I Meastatable bulicalorts EvalustonFracess-Outcomes Who,Tools, Decreased need for afford"housing Wbw.FlWiSPBC,City of Boynton Beach, 1b. tced empty tom slums conditions and blight Tools:Tax Roles,Property Appralser Welosite, 1c, Ineremed property values for the neighbathood Before and AfterPictureq,Harnacnivner Surveys, Id. Higher tax base for the city of Boynton Beach When:By June 30,2019 Rvilua*xft Maa�MpAndon Mmm FYWI%D&%,FkV Sat 00993742-1 Page 14 of 18 ty 02 CompleteNeighborhood pray ian the F rt of"ton P Sustainability OVITUTS J Mmarable indicators 4 Eves- _Outputal Who,T l , ..�....' 2,Six homes or communitysasets will be repaired Wh(K ,City of Boynton,Beach 2h.Six properties brought up to code in orderta Tools,Tax Roka, Appraiser Websitc, any Hem or fines. Before d After Pkhzres,Homeowner . tt reinstate home owner insurance n By June 30,2019 OUTCOMES I Measurable Indicatunk 4 EVAURtion proma-outmmcc Wilk Toole,When w increase in safe decent homingWho,HFMPBC,Cit of Boyrion Beach Older neighborhoods am restored withhomes Total Pr pr site, having been repaired andAfterPxrumliomemmaSurvey", 2ce increased property values for the .By J• 1 dr. itiblight be h key areas of:Boynton Beach R Activity Uk Hold education workshops with financial topics like The Door to buequity borrowing to protect yaw asset with,our firinjdal Suatifluability partners like Bank of Americs and Comerica OUTPUTS/Measurable indicators - 4 Evaluation Process-Outputs: Who,Tool&When 3a.Ten families will be educated an firuandal,matters Who:HFHMC,Partw Families,Fmancial such as debt management and budComericaBank, Bank), T t WIterr.By June 30,2019 OUTCOMES 1 Measurable Indicators 4 Evaluation Process- Toole,When FAWdents pin increased understanding of theirComerica B ank PNC conununity,and Its dhailenges and their role J tneressed economic activity in the atA Area Tools:Homeowner Staveys3 K Diversified ii y in the cRA June 30,2019I PROD 't' Activity 94:Hold home nutintenance workshopswith topics like Thej HFWPBC-no Door to ABC's of hmne reTair,hunicane preparedness,aW home weatherlzation Suasinabifity with our retail partners Lewes uW Home Depot OUTPUTS I Measurable c 4 Eve -Outputm,Who,Tooter n Who:HFHSPBC Partner Families, 4a,Ten ko.Wits will be educatede J 00993742-1 Page 15 of 18 Home Matnumance wor- Materials, GivellifectDaftbaw Wbem By June ,2019 OUTCONUS Measurable hullcaturs 4 Evatuatim,Process,- Tools, 4a-Residents'kmwledge and abilityaul BC. tail Partnexa homes it 4b,Rmidents SaIn increased undambmiding of their Took Rom tole in the community and the it °By June 30, 2019 chidlenges, 4 ,Increased ecorwomic activity in the CRA Area - 4b.Diversiffiod y In dw CRA PROGRAAMOJEC "' tY t5:Complete one neighborhood cleanup S -The Door to - Sufftalumbility OUTPUTS/Measurable IndkAturs + Evaluation Fmcess-Outputs; Who.Teals,When "Partner F S&One neighbothooWs dum conditiamblight .Volunteers,Giveliffect will be reduced. 'By June ,2019 OUTCOWS 1 Measurable Indicators 4 EV41132HOU PtOcess-Outcomm Toolit,When SaOlder neighborhoods have been repaired Too1w,Volunteers, 5b.Increasod prop"values(or the neighborhood. Whem By jurm 30,2019 t Elms conditions and flight will be removed from key we"of Boynton Beach PROLGRAM/PROJECT; Activity IS:Recrult and Wilize volunteers HMPRC-The Door to based and dvir organizations and schools to completeaxil Sustainabiffilityy pro"or neighborlwA cleanup f 0 1 -outputs: Who�TOWS,Whim w�. - 6a,NO Volunteers will parddpate in 1: hat events to Who;HRiSPBC,B &Cly build new homes or repair existing homeat comm is "1` ls: 'Organizations, , Recruitment Tools bo 5 companies wiH participate in Turn Build dam events, ► "t contitbuting to the well 6c. 5 organizations will particiate,In repak projects By June 30,2019 contributing to the well-being of dwir community d.,2 organizationswill participate,Ina neighborhood cleanup uawell-being community � t C 00993742-1 Page 16 of 18 O }Measurable Indicators, 4 s-omaWba'ToolsWhan d&HFMPBC will fund ratse:1510,13M for future Who,MFHSPK,Businesses,Faft Based&Civic projects through Team Build activities, Ctganizatians,Schools,Community Groups, fly.The community will became mate aware of Tooix QvEffed'Database, t Tools the need for safe,decent affordable-Ino (social media, r fl they ate in Habitat events € .Olde neighborhoods am restoredr June 30,2019 homes have been repaired d property values for the neighborhood Slurn and blight will be removed from areas of Boyn ton Beach Narrative 1. input,if any,toEvaluationor the Project/Programs based,it io from outside consultants, Board,funders,clients,or other organization sta),wholdem I-IFTiSPBC works on the goals for the affillate an a team involving d boarcL We use input finin surveys we v partner famtheb and volunteens to Improve our processes, our education curriculum,and to review and make changes to all parts of our program as necessary,W benefit from the p of Habitat Internm6onal, and partner with out foundatimi, private corporate hinders,and communitypartners to put our plans into&CUML_ Does the orgudzationengage in other evaluation ? If so, de briery, reports monthlyto our board an the, is against our annual goals for home construction,repau%fundraisin&mortgages,families served,volunteers Builds,community events. We also report to Habitat for Humanity International quarterly the some accompfishments, To satisfy the needs of our fimALers and the community at large that supports our worlk, we provideof our prognass agahmA the goals we have . We routinely nwasure partner family d volunteer ,°tools.Outcomes of the surveys are used to make alterationsin our program I Will any additional cost be incurred to implement this Evaluationo if ym describeItems and amounts. Our current budg*t includes the cost of our database and its operation to track and mea At several dellverables. We she am currentlybudgeted for an outside consulting comptete more comprehensive evaluation . If Applicable,have additional costs beenincludedin ro d * Who will be responsible for coordinating the evaluation proows d preparing quartedylazinual 11vaiustimi, - P 00993742-1 Page 17 of 18 MAdorma Letounneau,Director,Grants&Administration 5, flow will evalustion data be used for internal performance improvement? HFHSFBC will utilize evaluative daft measure our progress toward goals we have set for this project including the oulcomes that involve our participant families.We Will then utilize the outcomes data to make needed d"es to improve our program and our relationships with our several parmem, 6, Will evaluation da,alrepoits be shared with organization staff? yes 7, Will evaluation datatreparts be shared with the organization's Board of Directors? yes & The Boynton Beach CRA requires that evaluation data relative to CRA support be reported quarterly and at the end of the year, Will the data/reports be shamd with other funders? Mi"C routinely sham outcomes results of our projects with our b=4 the fundeM, our community partners, and the public. Analyzing outcomes ensures that the primary goals of the pro" and we use what we have lemied to expandour capacity to make a positive Impact in our service area. % Who are other organization ftkebolders? Will evaluation datatreports be shared with them? CW organizational aders Include our staff,board,volunteem corponte partners,hinders and the community-at-Luge. MMSPBC sham family outoomes, community project And partnership outcomes with the general public Via socW med* PR opporturudes Ounugh print am oJecircalic media,We further bliare through reporting tools am officud outcomes with our staff,board,funders and community partners.Our gnal is to keep safe,doo-wit affordable housing at the forefront until we live in a world where everyone has a decwtt place to live. CEBIUICAILQNAND—WADnMA2LEBBTA CX. L the undersigned applicant(s), certify that all information presented in Oils application, and all of the itiftw=tion furnished in support of the application,is given for the purpose,of obbilning a grant under the Boynton Beoch Community Redevelopment Agency Nonprofit Organ];zation Grant program and It 6 true and complete to the best of my knowledge and belief. I further caritfy that I am aware of the fact thart I can be penalized by fine and/or Imprisonment for making false swernenth or presenting false Information.I further w-knowledge that I have read and understand the terms and conditions set foTth and described in the B,oynton Beach Community Redevelopment Agency Nonprofit card tion Grant Pfogmat Rules and Requirements. I urn d that this applimlion is not a guarantee of grant assistance,and that award of grants is at the sole discretion of the Boynton Beach Commonity Redevelopment Agency Board. I understand that the purpose of the grant is to further the Boynton Beach Commurdly Redevelopment Plan, and that the Boynton Beach Community Redevelopment Agency may decline my application for any legal reason, irwJuding the reason that granting the award willnot furttw the Commimity Redevelopment PUM Should evahm'UM ptakotgo'dMban N=M FMIX Dak Par 9 Of6 00993742-1 Page 18 of 18 my application be approved,I understand that the CRA may,at Its sole diwredon,discontinue subsidy paymmts at any tim it In its sole and absolute determination it feels such assistance no lonpr meets Ifie progum criteria or lano longer in furtherance of the Boynton Beach Coty Redevelopment Plan. I hereby walve my rights undez the privacy and cmfidendality provision act,mid give my consent to the Boynton Beach Community Redevelopment Agency, its agents and contractors to examine any confidential Information Stvm herein,I further grant permission,and authorize any bank,employers or other public or private agency to disclose Infmm,ata on deemed necessity to complete this application. I give permission to the Boynton Beach Community Redevelopment Agency or Itsagents to take photos of myself and business to'be used to promote the progran% ftnatum below"cote approval of and commitmeid to this F-Vahwhow Plan and the Pmfect/Program Model an wkkh it is A, V1W .18 --OWE fivie Signature Date Chairperson,Board of Dimctars Date Printed Namall"Itle Printed Name Attachment., Project/Program Model FWUMUM In^C*gOrjUtkW Nam%PMS,nak PW 6*is 00993742-1 Sf <t Lek �f r BOYN � �r P� Y1S CRA BOARD MEETING OF: June 12, 2018 OLD BUSINESS AGENDAITEM: 13.G. SUBJECT: Consideration of an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor SUMMARY: The approved 2016 CRA Redevelopment Plan and 2014 Heart of Boynton Plan are the result of input and direction gathered from the community on the conceptual commercial and residential development elements, the various land uses and zoning categories, and supported design features desired for future redevelopment projects within the corridor(see Attachment 1). The CRA Board has been earnestly discussing the development potential for existing CRA owned and adjacent properties within the Martin Luther King Jr. Boulevard Corridor since their January 18, 2018 meeting (see Attachment 11). At their February 13, 2018, staff provided the CRA Board with possible development options as directed (see Attachment 111). At the March 13, 2018 meeting, the CRA Board directed staff to present various incentives and options for their consideration as the agency prepares a Request for Proposals and Qualifications (RFP/RFQ) in order to solicit redevelopment interest in these sites from the private sector community. As with most RFPs, the CRA has an opportunity to provide incentives such as land, funding, design and site plan assistance, development infrastructure support and partnerships to the private sector developer to make desired redevelopment projects more attractive and financially feasible. The Board could choose to describe the project type or site area of development in very specific or loose terms. The broader the proposal scope and requirement, the less restricted the private development firms will be in how they approach putting together their proposal. The draft RFP/RFQ should also encourage potential respondents to acquire adjacent properties for a larger, more impacting project wherever possible (see Attachment V 111). Currently, the CRA has approximately $1.2 million in the FY 2017-2018 budget identified for MLK Jr. Boulevard Corridor Redevelopment with the authority to make funding category adjustments. Additionally, the CRA owned vacant land with the appropriate land use and zoning designations is ready to accommodate the Plan's desired mix of commercial and residential type development. The Board could consider offering the entire value or a reduced value of the land as a financial incentive. See Attachment I I for a map of CRA owned properties. BACKGROUND: At their February 13, 2018 meeting, the consensus from the Board was to seek community input prior to procuring design and development services for any future redevelopment project. The CRA Board voted to assign further review and discussion of this item to the CRAAB with the goal of utilizing CRAAB as a forum to receive additional community input on desired goals and outcomes. The CRA Board requested a recommendation from the CRAAB as to whether or not the CRA-owned properties should be redeveloped for commercial, residential, or mixed-uses. At the March 1, 2018 CRAAB meeting, 38 members from the community attended. Of the attendees, 12 members spoke during public comment for the item (see Attachment IV) and the CRA received an additional 11 comments cards (see Attachment V). The CRA also received a petition with 201 signatures for specific redevelopment uses (see Attachment VI) and emails from members of the public who were not at the meeting (see Attachment VI 1). FISCAL IMPACT: FY 2017-2018 Budget - Project Fund Line Item #02-58100-203 - Architectural Services: $150,000; and FY 2017-2018 Budget - Project Fund Line Item #02-58200-406 - MLK Corridor Redevelopment, CRA Property: $1,200,000. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, 2014 Heart of Boynton Plan, the Downtown Vision & Master Plan. CRAAB RECOMMENDATION: The CRA Advisory Board recommends the RFP to include the following: • Emphasis on flexibility and creativity to maximize the use of the land and maximize the appeal to at least some of the types of businesses that the community wants • Inclusion of CRA-owned properties on both the north and south sides of MLK, Jr. Boulevard • Suggestion of significant cash is available (not necessarily a specific dollar amount) in addition to the land discount for the purpose of, including but not limited to, assisting the developer in offsetting construction costs, infrastructure costs, to purchase additional parcels of land that are contiguous to the existing CRA-owned land, and/or to provide relocation assistance to attract new businesses • Promotion of the newly renovated Sara Sims Park amenities which will be in place • Requirement of commercial and residential mix of uses that is consistent with the plan for Heart of Boynton • Partnership with or work with other adjacent land owners to gain a larger footprint for the development • Work with the community for input during community meetings before, during, and after the project is completed • Maintenance of the historical perspective of the Heart of Boynton through design and attractions • Emphasis that time is of the essence and require that significant work must be done within 12 months of award of contract Portions of the development could utilize TI F, 9% tax credit financing, or SAI L financing CRA BOARD OPTIONS: 1. Approve the release of the Request for Proposals/Request for Qualifications for the redevelopment project site and CRA owned properties known as the Martin Luther King Jr. Boulevard Corridor outlining certain Proposal criteria and development incentives as discussed and considered by the Board. 2. Do not approve the release of the Request for Proposals/Request for Qualifications for the redevelopment project site and CRA owned properties known as the Martin Luther King Jr. Boulevard Corridor outlining certain Proposal criteria and development incentives as discussed and considered by the Board. 3. Consideration of other options or direction as determined by the Board. ATTACHMENTS: Description D Attachment I -2016 CRA Plan Heart of Boynton District D Attachment II - M LK M ap D Attachment III - M LK Conceptual Plan D Attachment IV -CRAAB 3.1.18 Meeting Minutes D Attachment V -Comment Cards D Attachment VI -Signed Petition D Attachment VII - Emails D Attachment VIII - Draft RFP-RFQ - M LK Corridor r a� 'BOYNTON"' oil 0 0 E AC ,; RA- 710 N. Federal l Hi€ h Boynton o non 1; ch„ IFI.. 33435 Interim Executive IOi octo , Michael Simon 561-600-9091 Website: www.catchboynton.com Email: simonm@_bbf1.us r `�OR J'+1 Il��ti 2016 Boynton Beach Community Redevelopment Plan- AWHeart of Boynton District fr tk Vis} }t (Vegas 105 through 117 of the 20 16 Boynt Beach Community Redevelopment Plan) Introduction Planning Challenges Planning Considerations The Vision Recommendations 105 Introduction C. Stanley Weaver (C-Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—Seacrest Boulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runs east/west. this District have the median household income of$20,848, the lowest in the City. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools To counter the decline of the neighborhood, in 2001 are STEM schools (Science, Technology, Engineering the CRA and City adopted the Heart of Boynton and Math). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are a number of parks and special use areas original plan and add new projects to reflect the within the neighborhood, such as, Carolyn Sims � Community Center, Galaxy Park and Scrub and Sara 3�kf current market conditions. {{1f Sims Park. A number of recommendations of the original CRA Plan have been implemented, including: Gt1�} _`. The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace �k site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the 106 ,t f ' off r t t C t { Ss, itt , r F 1 l� 4, ' s ,.,t � • 9 - �t4 n ! , lb" tb;� •� f ; - �tty( , ;u Y , t i �ti n1Y Nt z .s« ni t>3�'�—•�; ��t} ,,s�rm +,�;�,rc� th r. i rt ��' c,,,� Figure 57: Heart of Boynton District Location Map 107 Plannir Challe The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled through some form of a subsidy. l Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activities for all to see, , u'{ discouraging people to buy homes or invest in businesses within the area. t£ The District is comprised of small parcels platted in the 1920's 1930's, during Florida's land Figure 58: Example of District Planning Challenges boom. The parcels are owned by many different G� people making assembly of a developable site Jk very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through 108 P nr Corgi stior% Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE A future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District . The historic cottages from the south side of (DTOD), covering a '/2 mile radius around the station's NE 3rd Avenue be relocated to the vacant location, including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 25% density bonus. . On completion of the relocations, a historic district, tentatively called Shepard Funk A second consideration is the Transportation Addition Historic Cottage District, be created Concurrency Exception Area (TCEA) which, in addition within the block enclosed by N. Seacrest to the residential exception area applicable east of I-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach County and NE 4th Avenue. tr{ traffic concurrency requirements thus allowing denser development. 1;, t1S;< The Plan recommends increasing density within , the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over 45' is recommended. Rd 4 F t 4! ! K 1 X n f E t 4� { m W "F7 . rs e 5 vemwckw .Yinµ i' If. Figure 59: Historically significant cottages in the HOB 109 Vision The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Recommendations- trt cE Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping Bus shelters (will be required as part of new construction) Additional signalized pedestrian crossings (including mid-block) along Seacrest BoulevardAddition of canopy street trees GkI- t Creation of a Pedestrian Zone inviting,that is acent to the adjright-of-waysg, safe and includes: 1,'tt • Minimum 8' wide clear sidewalk 1, Decorative light poles at both the vehicular and pedestrian scales _<< Require installation of canopy trees that provide immediate shading at time of construction Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 110 t jf� Wim, � if h i } �,� v i 4r�a• t P � �fi; ""Y Figure ,_.:, .. s ",i• _ t"—. ,,. A .�,..a. -.c ��I � '-"�'$�ns$'� �,';� 'i .� ,.. Jt � �� ,a 6��i- 1�) Figure 60: Seacrest Blvd Streetscape Area Figure 61: MLK JR. Blvd. Streetscape Area , 45'Max. RES. WOW RES. �. . RAS, RK gip � 1 $ U a Figure 62: MLK JR. Blvd. Street Section III Recommendations. ,-ane' . se The existing land use designations within the Heart of Boynton District are: • Low Density Residential — 5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential — 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use (FLU)Classifications within the Heart of Boynton District Gt1�; DENSITY MAX LAND USE DENSITY CORRESPONDING ZONING CAP HEIGHT `s Mixed Uwe 50 MU-2, MU-3 50 75' t! Medium* " Mixed-Use Lbw 20 MU-'I 20 45` High Density Residential 15 R4,I'PUD 15 45' Medium Density Residential II R3 I'PUD 11 45' Low Density 75 R-'I-AAA, R-'I-AAB, R-I-AA,R-'I-A,R-1, Residential PUD 7.5 45' Local Retail Wa C-2, C-3, PCD Commercial n1a 4 ' General nla C-4 Commercial n1a 45' Industrial n1a M-'I n1a 45' PPGIrVa Public Usage Wa 45' Recreation Wa Recreation n1a 45' *Properties located within the TOD may recieve a 25%density bonus 112 Figure 63: Recommended Land Use for the Heart of Boynton District LILLMt I i i I � A :r C I I � x � y , s fS�I ff,lt — tr I'y'�IIlli�lis Sr " , 1� �P LEGEND ��i5�4ndustrial(I) .Law Density Res dent'.1(LDR)5 d.f.. Medium Density Residential(MDR)11 dWac High Uensity ResuSanGal(HURH 5 dWac Special High 17ensin,Res0e0a1 iSHDR)20dutac In511tue1'ional(PPGI) Local Retail Commc+rcial(LRC) Ga-al Commercial(GG) �r ..............Mixed Use Low(MDL)20 d W3c Mixed Use Medium(MUM)50 dufac Mixed Use High(MUH)00 d is. TOD 113 Recommendations: Urban DQE n • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75%of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue I+ to the maximum allowed height in the designated Zoning District. g g g Parking shall be located to the rear or side of the buildings Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear lx} or side. • When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects w MLK r s t Commercial 4 � Multifamily Model Block — Sara Sims ark— , can Breeze u East � 1 Cottage District— Proposed Historic . ., Cottage District 114 Sara Sims Park Expansion Working with residents of the community, the CRA and its consultant created a master plan for the expansion , and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. Staff will review the feasibility of convertin " a portion of Sara Sims Park Master Plan, along the western boundary, from Recreational Land Use toy';, Single Family. This process shall include a public ` meeting, the Parks and Recreation Board review and recommendation, and Clty Commision approval. Figure 65: Sara Sims Expansion Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th M, Avenues. The CRA is seeking a private development partner to build a multi-family project on the site. ; trot Cottage District The CRA owns approximately 5 acres on the block Figure 66: ocean Breeze East tit between N.E. 4th and 5th Avenue. The CRAs goal for this site is to attract a private development partner } to build single-family for-sale homes in the style of the surrounding historic cottages. yWvtt R MLK Commercial " Leveraging CRA-owned land and economic development grants, the CRA was able to bring a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns `' additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. 115 f t��'., S� J t Ott\r iia s1 �f.. r n t s» tr t tis r r � 2 � t} g"U� t t rC�;lCutg' f , St 4itbr t 3 t i #r�;� ,�'i>31ra?S}k t<7}il 14t�tit�4`tttl�tSF at ab4 s��a i it t ;� t f��ts`SA aVk t H'�t itiY 4 sP�si n�&wi ttS*�iteas�4� Gt11 ,1 t� Gx Figure 68: Example of a Commercial Project on MLK Jr. Blvd. N 116 jj ### } J �•� �� 34({t,$r}iii -+, - {:F� I.��f' � � {s ,,, r,��\,4��1�� r �;si;I'> ��, + �t { t,• � ��# tfi4,t,ri�,, a 4 i _A It r1Al� �3 r ry s ^R 3 9 p3 ,ci aq�ti , S Figure 69: Example of Multi Family Project on MLK Jr. Blvd. 1� ti 117 , r , 4 f I 3 r' \ t x ,. X11 nn, { + I i , ti i� { � � I r , + (44 � sr fJ C� A d 1 V J J V Z (7 - Z J J 0 (D Q J n Z Z J Z W O NO m m V U } H Q co w Q V) w V) V Q V O w V 06 (7 VLLQ O z Z Q Q LU Z O Q w d V V m Q Q 0 s ., f, - fl r � k 1\ � t s i � t - { s f s , 'S �i S&y:t s ,iy Mot s:{ z {5{stt ri`io},. S, § ,\ t 7t sk,c;,iY,s },; Y}t�t 1' 7aa�sk2ti ty asFl�*1s=rk,. }G} t a!s ':t {r"iaSsi�i F.§ta ,. ,sr low „! 6 ,st( ata ta(k s S is.I,"l t}t;t i_�s tf sk <tt rJa xi c�v�S,sA lUU4t i{is is OWNti¢{rt�L } i t: ytsfi �ti }/ata£jt s t. 1 ttlnt. yystr„`=” U(}U;f . M1r ao srlr£ t £ at ,'' "1;�t�iyy� k iit�ayr ilk St mii�at r�yt} tr,.l;rt y t ' t s i�t tr 1 salts a{i +;t "�'f Sf j� i "1 ,j�,�ss a r `�'�;,;�h4r$t} °��,S�a�'S�at ��i� i_-. ! .s� iw s r Y t }„ 4:".. >•. sj i a i 4' 1s�< s s`i. i�`f;'1 �� `�9' r 5�., ,st,l}i 4a'" sir s@lst,lx y t�) ,'��' fi {��NSSl`�4� t ttS ,rest 1�c'Sya�}`�ji,. sy{a trt i' �`: {i• a 4t�� "}s`:fit,( a, t ��ut ' §}»t is ,�..• ��{'t� �,Fx,tt,( �° jfp r:-; �t`,`si }iF��s�4 s��?!`, - ixs� a a =:- }, .sir)��r � /r t_. ��\ sNi i) sISA r ,p•St (�� st ��' � a is �'j � fit, i5 �� j � E� ��f a;a G st�3d`�` Ek s �: lR a�, ri{Na�?{§tj ,.lie-, 'ra ,,tf is 111 r }„ll, ;yl, s1�,., {Pkr't�i��ii •a, i ),� lt.it t,,a .��,3�1„�,� ,•k` t a to rs\iei�I 1 Ntst � I3r,afF! i1 ;�f7+�SN4rls a tt� „ar'.�}r�)S{_ S}..- u�aat a,�4�tr i els}, i ,tti a't',s 4 .,i�. £,a:,4si a�i�i£�}�� i,7t s S ,y �;�"�` ��jS ;{r��'i"�• � a;= , ,.,ti� i ae(a '� �"�iij r r-...� ��} �•- �e �{3t�td�� 'f s"} �({ -€,� R.`a,_t si'�1,��`!ll( #11 t�.f,sS\,,,,��1,sh1�S�a„ .� a s1�C,-, {� }�,�1 1 _ 'r-� � � ,s �, i" •,,,, a .v i� Srit s {kPokit s'rts��y'i+��j'r iikEsvi-�jki�F''}i ta�{sv�ifir'ihf s$sar�4 s)„ttatiyAt.'"_ a 1�cs'+�1 t,�tlsisa�.SEri�3Csaut(1,3S1C�'iiC.'�`' _ �CW9ji;t�`{��Ekast1t}sq�t7pt��a.i1�tSa{ssla s�a�{lm Y toj�r t;..: ��i)i 7rt s x a{ �,W _ 1, •s l c rlE'., (iu}ia, l) vlf{j ��t `s; tkl,�� g� 1f 11, k ut {4 i t t, i1�1 U a r a t ia# a g4aY �” ..al f �t {{ r �, t ?.Si 4�ii - r�r,� a� ?, r: ..�t4t � ..}z�y t - 'Y�, ; S� I � � i� ''•< Std rs{} .1�`t�',S4• q a b S 44 i t�t tyd4. 1. \ en,i t Van e , i„k�liSliai },s�\}t`l„14,k{Ff owl tsll sja - �S!' ii _1S� is to ita„ lar yy Saa�ir ;t-Illi {'}y%eta t a � '.'xi' is Itrsat�A ilk Clss1t tt; l;ja tUsrS,,e i)a§�Qastt�.{yl£l}I,"r,•tIjs,it ml\1i1s�V`�'"�;'•+1e 4 a's stC{4a a r'tc4i'V4}{7aS sdJi{is 4t rt,V��a-°il.zvtA Rtuy`'xl�1 a>htl�,,tEas y`ya�1tli'is,}lS,.�2��{j,.)}rkr�1 U{tt�4�is�4CS�i t{t�{t`k!a[�)}__y�i"b,5,rrtS}s�ti�'iI's£fl 11sf}�tr t�i�ias'ikt tYax�s�ta+�r i�atj�(��t�i�(a}xi4;tt�4 r.'i;;.��`k,s.t , dkstgA jow ' : ;a�ylU r �{a 1�#las7;1 inAt"i Sr ss {tS�i�ttr,�t�jantbi Urripuzi, ell s�-•-_ iIt tas��l 4 n S S -. 1? at i ":{ }� t rk 1 r h ty EE r y y i��i�f Ittit{};�i, �t,is t�� t �4,��Ijl( y_,s is !{i a- a a}1 t•�t CSt l sI"5PIQ, ��a ,r, }r.�ni�� tVtrtttS�rx;iia j,s3rk)£ 7a,si'aYr s ii t,r�}` tt sra�lt�\�;” t^ �si•: s a' t ti's' '.i tt JIM tt{s a,,rn �'. § s, t l l Iiia i tk�tkh�a){� 1+ N11"i' ! d s� ff t \i t <i«ttail CX 't s t , t i OWN at. Ui ai{t 4.;ai$ S lits i'� s £ Ca t � i r 1 tt�bx}k. a Ctr}f Fr Q1 `.. �� _._..�. .n�.,�:�> _, ,nc�r¢,, x,.��a��mn�c..w.uu�nrr � .r...�r!4�r Usth�i31(ts�4 au4lns��:�; r }ru? "'•�="s4�t Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Further comments from the board reflected their desire to not expand the grant criteria, although Mr. Hendricks' concern was the low number of people applying. Ms. Shutt said that leftover funds would roll over to the next year. [Vice Chair Pollock arrived at 7:27 p.m.] Dr. DeVoursney advocated for opening up the categories at the next budget hearing. Ms. Shutt advised that in a regular budget cycle, they would start advertising for a grant in June, do a workshop, and have recommendations by August. She said they started late last year. Motion made by Dr. DeVoursney, seconded by Mr. Murphy, to keep the grant to involve economic and business development for the remainder of the fiscal year 2017/2018, and to keep the review committee for the grant at the current census. In a voice vote, the motion passed unanimously (7-0). 3. Discussion Regarding Redevelopment Options for the CRA Owned Parcels within the MILK Jr. Boulevard Corridor Chair Cross wanted to hear public comment first on the potential development options in that area. Public Input Victor Norfus, 7849 Bench Center Way, Boynton Beach, said he owns property on Martin Luther King Boulevard East and has lived in the community a long time. Mr. Norfus mentioned several organizations that were here in the past and should be resurrected: the Community Resource Center (job resources, employment activities, nonprofit community organizations could meet, CRA outreach programs held). They need buildings for businesses, but they are torn down. Also needed is a shopping plaza (something like Sunshine Square) with several floors upstairs for rental apartments. He recalled that most of the business started on Martin Luther King Boulevard and went west. Reverend Bernard Wright, 713 NW 2 Street, Boynton Beach, said he distributed a petition for a commercial cultural hub. He read the petition (which has 160 signatures) for the record. The hub would include state- of-the-art game rooms, recording studio, restaurant, billiard room, and a concert hall. The cultural hub would be at the former location of the Continental Club. It would also serve as a community resource and information center. He said he could bring recording artists to Boynton Beach, bringing money back in. He spoke of the various groups that could benefit from the hub via a re- entry program. He said he opposes gentrification and had his "people's interest at heart." Dr. Martha Meeks Light, NW 6 Avenue, Boynton Beach, said she has been connected with the CRA since its origin. She advocated for a multi-cultural learning/training center 6 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 for children to learn skills so that could pass tests for licensing or certification for jobs such as nursing or carpentry. Children also need paid tutors. She wanted a grant for computer skills to be taught at the Recreation Center in the daytime either at Ebell Hester or Carolyn Sims Park. David Katz, 67 Midwood Lane, Boynton Beach, said that this meeting was advertised on the City website as a "community meeting" for the redevelopment of Martin Luther King Boulevard. He said he has sat through numerous meetings on the subject, and said it was time for the CRA Board and staff to pay attention to the petition brought by Reverend Wright. Vice Mayor Justin Katz, 1353 Via de Pepi, Boynton Beach, stated there was no way that the project would come to fruition if they tried to prescribe the types of businesses that go there. He said the reason there has been no commercial development on Martin Luther King Boulevard is because it is not a profitable area, to draw in business owners or investors. He supporting allocating $1.5 million of CRA money to build commercial shells on the property on the north side of Martin Luther King Boulevard and Seacrest Boulevard, because he felt the government needed to identify that corner as a "market failure." However, the CRA Board rejected the allocation, so the CRAAB must figure out a way to stimulate economic, commercial, or mixed use development working within a budget of less than $1.5 million. Vice Mayor Katz continued, requesting that they do not attempt to prescribe businesses that must go there, because it will pigeonhole them into forcing certain businesses in there. At a recent community gathering to discuss the shootings in Boynton, the majority of those present said that they do not want a club in east Boynton Beach. They said the clubs are the origin of problems in their neighborhoods. John Danes, 370 NW 17 Avenue, Boynton Beach, said he has worked on Martin Luther King Boulevard for the last 21 years at Robinson BBQ. He said they are stable business and should be part of the economic development. They have fed the "entire community" for 16 years at the summer holidays at Intracoastal Park. In 2005, they opened their doors to the community because they have a gas stove and did not charge their customers anything to eat. Reverend Bernard Wright came up to microphone again. He said the CRA Board and the City Commission are two different entities, but yet the same entity. He said they know the solution is redevelopment. He lamented how long it has taken to get things done in the area. Willie Aikens, 726 NE 1 Street, Boynton Beach, President of the Heart of Boynton Neighborhood Association, said that Martin Luther King Boulevard has been misused and overlooked for over 60 years. He faulted the CRA for not advocating funding for redevelopment. He spoke in favor of the cultural center as a multi-purpose center for job training as well as for recreation. Mr. Aikens said that the neighborhood does not have what other districts do, and the CRA needs to start work there. 7 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Pastor Richard Danes, 223 NE 12 Avenue, Boynton Beach, said he serves as President of the Boynton Beach Coalition of Clergy. He believed that more than 150 people reside in the Heart of Boynton District, and they need the multipurpose building on Martin Luther King Boulevard. He asked how they expect the situation to improve in the corridor if something does not change. They need to move forward, and move smart. Mark Karageorge, 248-A Main Boulevard, Boynton Beach, said that the Coalition of Clergy has always been the voice of reason. He said there have been many opportunities for development turned away due to market study results or requests for land assembly. He said there is now a possibility for land assembly. He spoke about his effort to get a Darden Foods on Martin Luther King Boulevard. Mr. Karageorge said they need to keep all options open. Ray Whitely, 223 NE 12 Avenue, Boynton Beach, said there is a great opportunity because there is now an aggressive board that is pro-development. He clarified that they have to be strategic, noting there is more than one parcel on Martin Luther King Boulevard and they do not have to pursue land assembly. He suggested the Town Square area could complement the development on Martin Luther King Boulevard. That way the community wins, and the CRA wins. He said they have to begin with mixed use. Chair Cross asked members of the public to fill out comment cards and put them on the table at the back. Chair Cross said there is still $1.5 million or more in the project fund for investment in the Martin Luther King Boulevard corridor. She said there are three options: • Have the CRA utilize existing architectural contracts and prepare bid documents for somebody (design, bid, build) • Get pre-qualifications of contractors • Build to suit Chair Cross suggested that this board needs to recommend a way forward for the CRA Board. Ms. Shutt clarified that the "build to suit" would be for the CRA-owned properties. The design build is a method used with the contractor from the beginning. He is responsible for the designers as part of his complement of his team. It is a shorter process. She said they were recommending a shell that would accommodate the permitted uses - there could be tenant space. They would have to be sure that delivery trucks and trash pickups could get into the property. Ms. Shutt continued, noting that the land is good only if pieces that are large enough to design and build a building per Code. The northern parcel can accommodate a 5,000 square foot building. She said some small office/retail/nonprofits have expressed 8 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 interest in occupying the building. The space would be flexible for neighborhood- serving uses. Dr. DeVoursney commented that the City has a history of successful concepts, like Ocean Breeze West and the marina. If a concept is put together, they might be able to achieve something. He described the Dallas Heritage Village at Old City Park, which was built on the concept of what life was like there before 1910. He suggested going to the local Historical Society and get photographs showing what the Continental Club looked like, and then rebuild it. He said they could make it an attraction for everyone, and the economic development would bring safety. Dr. DeVoursney emphasized they would have to make the concept first and invest in the concept, so that the developers would see the value in it. He added they could make it a Brightline stop. Mr. Barber believed that development needs to happen, and he is in favor of whatever process moves it along the fastest. He said the community needs to be more realistic about what is going to work in the area, as well as why the area is now seen as desolate. If the people who signed the petition will not call the police or help stop crime, any redevelopment that goes in the area will stagnate. Mr. Barber praised Reverend Wright for gathering the signatures, but said the community needs to take ownership, as does the City. Reverend Wright said they need to change mindsets. He agreed that through their leaders, the community needs to take ownership. He said they need the information and the education from their leaders. Minister Bernard Macon, Coalition of the Clergy member, said that there used to be a lot of crime and drug deals on Seacrest Boulevard, but the economic development there improved it. The community, the police, and the CRA came together came together to build something much more positive. He said that the area under discussion has the potential for economic growth, although nothing has been done. It will take a group effort. Mr. Hendricks confirmed that visioning and studies for the street have already been done, and they need to establish the architectural vision/guidelines for the street. Mr. Simon mentioned that the Heart of Boynton Community Redevelopment Plan established building heights, type of architecture, etc., to provide the investment community with guidelines. He said that the Family Dollar store was the investment for the first commercial project in 40 years on the corner. Mr. Simon continued that the CRA's job is not to invest in the items beyond the shell of a building -- that would be the job of the investor. After the community decides what they want to do, the community and the CRA have to find viable businesses to fit. The input 9 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 from the public at this meeting will go to the CRA Board. He advised against recommending just design/build. Chair Cross reviewed that the community wants mixed use, multi-use, culturally significant, and historically based development. She asked if it would be possible with this particular property to put residential on top and have the shell on the bottom. Mr. Simon noted there is a concept based on square footage and parking requirements, and the map on the screen shows what the CRA has control of at this time. The question would be whether to start dividing up the CRA sections and draw others, or wait until the largest piece can be amassed first. Another question would be if the CRA wants to invest its funds to start building the project. It needs streetscaping. If the CRA goes forward now, there would be site plan approval (four to six months) plus multiple funding years, public meetings, and acquisition of more property. Mr. Simon felt they need to move the factors out that are stopping development, or people will not be comfortable going there. He was disappointed that Family Dollar went downhill instead of raising up the neighborhood. Chair Cross said she heard the following from the community: • Be flexible • Begin with mixed use concept, maybe work in tandem with Ocean Breeze East • Community outreach center including job training, tutoring, computer skills • Shopping plaza, restaurant, concert hall, game room, billiard room Mr. Simon thought they could activate the Carolyn Sims Center with a computer center, etc. Mr. Hendricks commented that while he loves mixed use, right now they can afford flex use commercial space (one story) and redo parking. Dr. DeVoursney asked if they could invest in the streetscape design first so it looks appealing, pointing out they did it that way for Boynton Beach Boulevard. Mr. Simon, however, was not sure that would work for Martin Luther King Boulevard because of the drug problem. He thought the streetscape development should go along with the building - they have to go hand in hand. Mr. Simon spoke about the other improvement projects currently underway. He said there is more than enough money to design many buildings in the professional fee budget, and the $1.2 million will not have to be touched for months. Ms. Shutt remarked that they need outreach to the community and business leaders to ensure that what goes in meets the needs of the community, and Chair Cross asked if anybody had said they would move in if a building were constructed. Ms. Shutt said 10 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 they would build the shell, mechanical/electrical infrastructure with handicap bathrooms, and it would up to the developer to come in and outfit the paint, drywall, flooring, etc. Ms. Shutt said some nonprofits responded, but no commercial or job-generating entities. Some business entrepreneur leaders that have come out of their training said it would be nice to have spaces in the CRA District that they can come into. She said if the right business came in and the community could benefit, they could help with incentives to help with overhead and initial stages of the first year. Mr. Hendricks said there are still some great shops and restaurants on Old Northwood, but it was a "heavy lift" at first. Anthony Mason, 301 NE 10 Avenue, said he runs a barbershop on Martin Luther King Boulevard that has been there for many decades. He said the community has been waiting for development, and they will come if it is built. He said that business is booming and they need more space. Motion made by Mr. Barber, seconded by Mr. Murphy, to recommend that the CRA Advisory Board consider Option #3 (The CRA would issue a Design/Build request for proposal or RFP for an entity which will provide a guaranteed maximum price for the design and development of the site approximately 12 months.). In a voice vote, the motion passed unanimously (7-0). 4. Discussion Regarding Redevelopment for 1110 N. Federal Highway Mr. Simon said the CRA purchased the property but it is not viable to renovate it. They received a Solid Waste demolition grant for $65,000 to do the cleaning and clearing of Cottage District to improve the Public Works facility. Another application has been submitted to the same grant program which will include the demolition project. It is not large, but is on a "great corner." They have had numerous meetings with the property owner on the east side (multi-plex) and on the south corner (vacant building) in efforts to acquire the property. Discussion ensued about what was/is on the various properties in the area. Chair Cross recommended adding other properties to it. Mr. Hendricks suggested using the lot for parking for the church, but Mr. Simon advised that the City would not let them use it for a parking lot without striping, lights, paving, etc. He added they would clean up the lot after the building is demolished. [Mayor Grant joined the meeting.] Motion made by Dr. DeVoursney, seconded by Mr. Barber, to not develop it at this time and look into land assembly to the south and to the east of the property under discussion. In a voice vote, the motion passed unanimously (7-0). VIII. CRA Board Items for CRA Advisory Board Review & Recommendations 11 j 7 � � c w J zm i W ou tn N W ?� LV c W C z a ®" Qj s .� Luzm , a W r �. .. 9�1 ou CD tA to Z } UJ w LAJ t ' i UJ Z r O a w ou LLJ .. } t W W LLI z Q o r WCC Z J d W ou 17: V) z (ry W W W Z Q % r J4. co \ \ � ; . \ . \ : \ \ ^ < \ L . IC- 2 \ � \ \ \ \ j ZLLJ IA L-L - \ / - / � 6 � ui : w LU . Z Q u ` . r 8 W a. w ou ZLU -- tA s� C, S W ui ¢ ® ® -4 Cry z ¢ v E 1 � cc t zm z a w j W w zuw 1 99 w a w ou Vb (A W LU 2f k C uiou .. Y • a w 1 NJ j Z W _7 eaC Q ® p g � e j rW C 'rz ale ou .. U zs 'S cii t cii Z cn W W 7 z UJ a f d W ou rw r Q5 t } cn cW v W LJJ W C � v 8 m cae t .r�,.,.a➢' UJ 0 Q � d W oum j a i r Z sa W LLJW Z Q TO WHOM IT MAY CONCERN, WE THE UNDERSIGNED WHO ARE GENERATIONAL RESIDENTS AND STAKEHOLDERS, IN RESPECT TO REDEVELOPMENT ON ROBERT E. WELLS MEMORIAL AVENUE(AKA) MARTIN LUTHER KING BLVD. DESIRE TO HAVE A COMMERCIAL CULTURAL HUB WHICH WOULD INCLUDE NUMEROUS REVENUE GENERATING COMPONENTS INCLUDING BUT NOT LIMITED TO: I) STATE OF THE ART GAME ROOM 2) STATE OF THE ART RECORDING STUDIO 3) RESTAURANT 4) BILLIARD ROOM 5) CONCERT HALL THAT WILL ATTRACT NATIONALY RECONIZED MUSICIANS AND ENTERTAINERS THE DESIRED LOCATION FOR THE CULTURAL HUB IS WHERE THE HISTORIC "CLUB CONTINENTAL" WAS PREVIOUSLY LOCATED THE ABOVE MENTIONED CULTURAL HUB WITH ITS COMPONENTS WILL REVIVE PAST VIBRANCY THAT HAS BEEN LOST BUT NOT FORGOTTEN. THE CULTURAL HUB WILL ALSO SERVE AS A COMMUNITY RESOURCE AND INFORMATION CENTER. - HAVING A CULTURAL HUB IN THE HEART OF BOYNTON COMMUNITY WITH THE ABOVE MENTIONED COMPONENTS WILL INSTILL GREAT PRIDE IN OUR YOUTH, OUR FAMILIES, OUR SENIORS AND ALL WHO REMEMBER THE VIBRANCY OF ROBERT E. WELLS MEMORIAL AVE. /MLK BLVD. THE CULTURAL HUB WILL SERVE AS AN ANCHOR IN OUR COMMUNITY. HISTORY AND CULTURE ARE IMPORTANT IN ANY CITY. KNOWLEDGE OF ALL CULTURES IS EXTREMELY IMPORTANT. KNOWLEDGE OF ALL CULTURES IS IMPORTANT TO BUILDING BRIDGES OF PEACE AND ECONOMIC PROSPERITY WITHIN THE COMMUNITY AND CITY. r� . ld 6v to ig t4py wl a 3_ /� C/�^.��j( � ( c -Z-4 � � �® Cc�U�-'\ ,.� ,///) � ,..� ,gid N �2 -7. T s 3, r �C� C I d ,� 54- 5 4- KfA 'y ��. ► � �5 6v9 - RO0 &J w t, 4 Svc - Ig-' 5 NW Lt, )-M LAvCA vo�`\ S - Mncss uksl 04. b4J 433 0U5L a � I ��•,�� H askpo) 6-L 9- di/ 1,1 13 A V � A/w/3'�gUe Co X30 . /fie l c� P�Im�Q 3a Jo, ca 3 s m i Ne P v c/ h 0-/'e e , /o wt�/We- 7 61- /leh tl � MES � �Z3ty, fl�L 3-7 jfr� Wallcc.c--( Re 0 7 Lo C>Ay) SCt n� a y-,C of � o c� , 7q L�4 - 71- :�/ Rh V S�l )DA-L- 15'), hu -- c , 1 /o J, 0 NI E 15-1 C� #v- 06 '20(3/ Poe shy CA rPa, 5�3 nl--Nn4v-"n L— APKY NE14ss-4 Baa 4L.� a [ Ud All `�• Qv r n�; n %towf) �joyn �o � aG��h 3 3 =1�5 p-v c457-,�— d4l IV-U 113 -AtR--� 11-1 6`7 ) 70 . /I 7l . �ose,r, �je1� -3O'fq�un T>cc�, j�le, �3.3y7(z> 7,2 &-AnJQ Ou,Sje A�� [)OyMon Dchc r� u 33135 a 77 X33 V tk Avg P-/ ;- LA ON-Ili 1 � .Q J JPN-kms--IL -3-o V-C� tl 'Pol)- �3� � L W ' "e l) Ot[C g I LUD t new 'S �Q-j � )�- �O IL � 33�5 s� AID « � c2 ky AIC � n n Som \�..�,�s `�I�- '�`� �� q22 nJ w 2U Ne- 0�1A/ � c �Iry qj CIL (3- 0 7L JA) L �3^ _0 c.4. cv— Ndt-Fcl b7 �CU�k'- �lG� A/ w � � o /� wx�,.�-L,�,nss{�,r �. 33 /!///tom � �I (/� its �� ,,.� `��o � � b� � � `7 O!WC- e(AAV i 608 A.)I-J 31-4 � ! 15 rAviv-5 Ilor4— I �r7 NtAl 4 54 A3 ll � �.��-J— l3� N ��vr � �` 0�10 3 0 , �,v Sot Alw /q� -:D I o13, �a�n Oar� es 3�U (1orl'I,we�st �� 62� I �K� tiC� Mo ((4JES vol nJcj /3 Za\� h,(�Icn.l Plea CLQ �� 3 3 u 3 S �Altls �1�1( �nes Ve R t✓e0h L � rec{�.� � �-� � 13 M W g I vd ; IT4 � 3N , x-23 �rw 7 A°b l3 7rn � hea1 � r � �� dl tAJ I'f ? . (�UQIr�'�' tel' �✓�f /590 �1 u� 3`� S+ g�y,�rk� &Ji A)w mc DaVA4-d-"v 5- ;L tc�� C-1 t,4 J, , 5� L7 T9 3 �- 167 /v liqT 7u 4f I'L 173 -)4j �/ �� r c�-� Ack, 33 3 °fyl ( VL 7 -7 Ito/ A) L L 7 AAe, Isoa APL�,�� S 5y7 N� �3�'�, ave dJc� �yA� Nicklien, Bonnie From: Lyndsey Runrun <lynzrunrun@gmail.com> Sent: Thursday, March 01, 2018 1:43 PM To: Nicklien, Bonnie; Romelus, Christina Cc: McCray, Mack Subject: MLK Jr. Blvd. corridor comments As a stakeholder in the community of Boynton Beach, I believe neighborhood development and placemaking must come from the neighborhood people, and not from the top-down urban renewal as the mayor was pushing. You cannot expect deep racial, economic, and justice divides to wash away simply with a new building like some of the commissioners and mayor want to erect. Yes, anchor jobs are needed, but since you have the once in a lifetime chance as community leaders, why don't you try to be innovative in order to lift a community up? Why not create a mixed uses project that benifits the neighborhood in more ways than one. For example, why not create a space for a local restaurant like Robinson's to have a new space and outdoor seating? Why not have a police substation along the corridor? (Which reminds me that recently a young man who is no saint, but who now has a daughter, said he wanted to move when he heard you guys were moving the police station to High Ridge. He said the reason it is better than north of BB Blvd. is because of the police station.) Why not have space for a local market because as many projects show that the direct economic benefits that result from placemaking strategies indeed amplify cherished aspects of local culture? This is the case with public markets, which can help struggling communities begin to rebuild and reactivate local identity and economic activity. Why not create a partnership with the CRA, Chamber of Commerce, library, and others, to create a black business incubator in order to foster a new middle class? The African American Library and Research Center in Broward County (Lauderhill) has a business librarian, SCORE workshops, an Small Business Resource Center. The cities of Memphis, Seattle, Atlanta (and more) have created black business incubators, along with city contract goals for minority and women owned businesses. As quoted from the article by Julia Craven about the Memphis incubator, Darrell Cobbins says, "If black businesses were thriving more in Memphis, they could employ more black people. They could open up vocations in these black communities," he said. "[People] would be able to economically reinvest in their communities and in the Memphis community, and just make it a stronger, more viable place to be." We need this for Boynton. Links: Seattle: https://www.geekwire.com/2017/black-dot-business-incubator-moves-bigger-space-opportunities/ Memphis: https://www.huffingtonpost.com/entry/memphis-black-owned- businesses us 59ba7c5ae4b086432b04a9be Atlanta: i https://urbangeekz.com/2015/02/business-incubator-targets-minority-owned-startups/ It cannot be overstated that the importance of community members' involvement in tackling neighborhood change is crucial. This knowledge also emphasizes the importance of creating places that benefit everyone - places that connect existing residents, instead of dividing, alienating, or displacing them, and places that enhance the existing character of a neighborhood, instead of erasing it (which to me sort of sounds like your poorly planned downtown Boynton development). A good portion of the residents around it are Haitian and tell me, how many Haitian or Black owned business will be in the downtown area? To you it is underused, but saying that it will connect everyone, rather than divide or displace, is unrealistic given deeply embedded racism and classism. When we say a park or a downtown is under-used, we should qualify that by saying "underused by middle-class professionals" if what we are objecting to is the presence of poor and homeless people who cannot afford to purchase a cappuccino as "rent" for a coffee shop table. When we talk about "activating public space", we should talk about who is already active in those spaces—people who in fact may have nowhere else to go. The ability to define an activity as desirable or undesirable, or define a "great place" or a "sketchy place" is a form of power that planners exert unthinkingly. In a "just city" residents can actually afford food at eateries and wares sold at businesses in their neighborhoods and, even more, they are provided access to services so they too can create businesses in the very locales they reside. When looking at businesses who will occupy the spaces in the downtown and MLK Parkway corridor, keep in mind that they need to appeal to all residents, especially those in the immediate vicinity. Why do you not have Haitian American celebrations and outdoor food festivals to amplify the local culture? Of course, there are significant challenges involved in creating equitable places in practice, and equally difficult to measure their success or "equitability." For example, how do we make public spaces truly inviting for all— what does this entail, and how might it vary from location to location? How exactly do we ensure that a community engagement process is truly inclusive? How do we fund equitable projects? How do we create places that work best for the people who actually use them? It's not easy and there is no foolproof blueprint... because cities across America are still trying to get it right... because you would be attempting to change the mold of gentrification and/or standard redevelopment, but I would argue that it is worth it for the community to attempt real lasting change, from the neighborhood up. Boynton can be the change so many want to see. Good luck! Sincerely, --Boynton Stakeholder P.S. For more information on placemaking please see www.pps.org (Project for Public Spaces). The blog is especially great for articles relating to communities such as ours. 2 Nicklien, Bonnie From: pr.group@juno.com Sent: Friday, February 23, 2018 3:10 AM To: Nicklien, Bonnie Cc: PR.GROUP@JUNO.COM Subject: : Letter to Cpl. Burt ! Attachments: IWO JIMA.JPG; Military_Museum_Interior_2 - Copyjpg; MILITARY DISPLAY.JPG; KILROY BULGE.JPG; MARINE DISPLAY.doc; OFFICERS UNIFORM.JPG;VETERANS FLAGS -i Pg DEVELOPEMENT MEETING TO YOUR ACKNOWLEDGEMENT RECEIPT APPRECIATED Advisory Board Meeting - March 1... 2018 Thuy Shutt, AIA, FRA-RA Assistant ircr Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 3343 DEAR CONTACT MEMBERS THANK YOU FOR THE CONTACT OUR VINTAGE VETERANS MIGHT NOT BE ABLE TO ATTEND THIS MUCH NEEDED MEETING AND WE SEND OUR GREETINGS AND HOPEFULLY NEED OF OUR PROPOSAL OF THE BOYNTON BEACH VETERANS MEMORABILIA MUSEUM AND EDUCATION CENTER AS A DONATION FOR THE NEEDED DEVELOPEMENT PROJECTS. MAYOR GRANT HAS APPROVED OUR PARTICIPATION AND SEE ATTACH ENCLOSED PARTIAL IMPRESSIVE DISPLAY THAT THE RESIDENTS, STUDENTS OF ALL AGES AND TOURISTS WILL HAVE THE CHANCE TO VISIT THE ONLY VETERANS MUSEUM IN PALM BEACH COUNTY WITH ITS $10 THOUSAND DOLLAR INVENTORY RESPECTFULLY CPL BURT RICHARDS AND BOARD I am proud to have Corporal Burt Richards here to lead us in the Pledge of Allegiance tonight. He is the mon who spearheaded the successful action that caused all of Palm Beach County Schools to close on November 11, 2011 Veterans Day. Corporal Richards received the Palm Beach County American Red Cross Courage Award for Education. Congressman Ted Deutch honored Corporal Richards in the Congressional Record. He received the General Colin Powell Award for the Promise For Youth Advocate. During his educational visits to Schools, Corporal Richards is known for distributing FREE School Supplies, Books and more... His current and perhaps most ambitious project involves the launch of o non-profit organization that will open the Palm Beach County Veteran's Museum & Education Center. • fig � i��sSS�t_Sf�1�, � .3 1� � ttsr;,� i��f — � 1C Sir- �,(,.f 4}iil��4 ��s}�� "AWIll�7!11'11 All -- � �i}��i S))il1" � 54;1, ,: iy, ,�;�,, '. ,,._+t�� 1SA})�)� ai}��,r�jjj a, ,_.{ y,_�,�{ �� ,U, ,si aS�.ly�t'�s '}{}}psrt---� -. _ � ��Syl£�i y}t5 ££}i,,,„ �� } i - Ir�:.��ta:•�`,'�'#`r`� i£�i )�i)��`��Sr"��rtt�}� - � ._. �� t, t�� )r 11 �`�� Itt<� - '4� ��{t{rI l{£(> { � III c��>�{t'£��i£,r„�r �) t, ? � � �i� t�``. 1}��` j��„ r,,1S}�� ._ - �j( �}'�'w��"i "�`>mr I i � i I�� t 11 � � a�i)�1�tu)u�, �i��, �'� £ -i i ��__. I�1 £i rt S r '� �� t �+t £ ” a 9 �.}rpt a>�14t„�£,i}££j� F�,��£ £�,rc\ ��{�£1 4s��st�fi � t� - - �,,r 't£}\l��££l� £ " i� -��5��-` £ - £8 £ � � � i � >>�� £ �r, ��-_ �i a �� £ a _;: r �: ?, �_ 4i ��J�r f }.' Jl � s j °` `}'a � �� , �_ �, r i ,. � } K �� i � � £3� £ '��) ``` � urf � ,r~)" }��, �, ��££,; � �r£1 �� £ �1 ££ 1; } u 1 ii� -£� t fir{ � �� )�� Ott c 1 »{ 9 �� ! s� t � ��1S��S 5�>it i � it rrt�� rr�� 1 �s�1�1 r-it�{t£ks !� �1tu ��£`!! ��' - £ l �i�i f£ t j � �£ ££ Ifi£ ,�1 t£ £ �£i£ \ 4 I( S 4 I`J� � 1 � '. � �};9)l��hi}`111i£{��!),��r)lfi,t�)��i6}Z{��ty�� t £� $ - £t)£ ijr£}, �(�t 1�, ' r � �� { �` �_- `�, 3 p: x � t 1 1 rtr,1,05 lott sw f ,y 4 }� r i tis}s 1Y ( f,t nol t� Mi All, £ sh,ORO s, (S ' I mini, - sy 5 s Gr 46mm, IMP Igosh��s E1 s s s K 00 A 1 != t 11 st=i k f i ss4 1� ( YM1 � JII '�'a13 ' �fs1, �✓(d� i ,�' mopo a ' " �.................... s } sit!)1 Sy1yi� j is� l�, sit,44 q fly gt pp � ss �1 S1'fi S� 1¢is s �rt GsOgg'i i r ill moll, l f t s S sls r a- ftgI »t 11F�- i' ISO!, , 7 r c xx ,i h, �£ t Charlie Crawford, Crew Leader Recreation Et Parks, Civic Center City of Boynton Beach �. 128 E. Ocean Ave. I Boynton Beach, Florida 33435 o: 561-742-6247 1 f: 561-742-6239 Crawford Ch@bbfl.us www.boynton-beach.org Like us on Face ba n!0 n 5 e C11 c,h [I L America's Gateway to the Gulfstream 8 Please be advised that Florida has a broad public records law and all correspondence to rrac:via email may be subject to disclosa.re.Under Florida records law, email addresses are public records. "="herefore,your a:-mail communication and your s:-mail address may be suhject to public disclosure. 9 f a t BT BEACH RA Request for Proposals and Developer Qualifications for the Commercial and Residential Redevelopment of a 3.5 (+/-) Acre Site Boynton Beach Community Redevelopment Area, Heart of Boynton District, City of Boynton Beach, Florida The Boynton Beach Community Redevelopment Agency(BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment project site described herein and will accept sealed proposals submitted at its office located at 710 N. Federal Highway, Boynton Beach, FL 33435, on or before August 20, 2018, no later than 3:00 p.m. Eastern Standard Time. Proposals received after to the date and time set forth above will not be accepted for consideration. All proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will not be accepted. The RFP/RFQ documents and related attachments must be obtained from the BBCRA office orwebsite at www.catchboynton.com. The BBCRA may refect any and all bids, to waive formalities, to re-advertise, and to accept the Proposal it deems, in its sole discretion and in accordance with all applicable laws, to be in its best interests. Page 1 of 12 I. COMMUNITY and ECONOMIC CONDITIONS The City of Boynton Beach, (City) with a population of 71,000, is the third largest city in Palm Beach County, Florida. It is located approximately 15 miles south of West Palm Beach and 45 miles north of Miami. This puts it in the heart of southeast Florida's rapidly growing tri-county Miami- Dade/Broward/Palm Beach Metropolitan area. Boynton Beach enjoys being located on the Intracoastal Waterway and within close proximity of a navigational inlet to the Atlantic Ocean. It is for this reason, along with some of the best fishing and diving in the world that Boynton Beach is known as"the Gateway to the Gulfstream". Access to Boynton Beach by roadway is easy as well, with three exits for those travelling on Interstate 95 and the Florida Turnpike. The city has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. Currently, the Boynton Beach Community Redevelopment Agency (BBCRA) and the City are collaborating to redevelop a 16.5 acre site into a new downtown Town Square located at the Southeast corner of E. Boynton Beach Boulevard and N. Seacrest Boulevard. This catalyst redevelopment project will break ground in July 2018 and will consist of a new City Hall/Library complex, 120-150 room hotel, 60,000 sq ft of commercial space, 600 +/- residential units, restored multi-purpose historic high school building, amphitheater/event space, park areas and pedestrian amenities. The Heart of Boynton is bound by I-95 to the west, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and E. Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community, from downtown Delray Beach to Hypoluxo Road. The Heart of Boynton District consists of approximately 338 acres within the 1,600 acre BBCRA Redevelopment Area (CRA Area) and is located immediately north and west of the downtown core of the City (see Attachment "B" for the BBCRA Redevelopment Plan). In 2013, the Heart of Boynton District area contained 2,760 people, 90 percent of whom were African-American with a median household income of approximately $20,848. Over the past ten years, there has been approximately $30 million of BBCRA and City investment into the Heart of Boynton District for construction of new park facilities and community building, property acquisition, construction of new homes and rehabilitation of existing homes, roadway and streetscape enhancements and commercial development. Some of the projects are: • The City of Boynton Beach completed the redevelopment of the Carolyn Sims Park building and grounds in excess of $10 million. The park is located at NW 12th Avenue and is the center of neighborhood activities. • The City of Boynton Beach invested $1.5 million of federal stimulus dollars into the N. Seacrest Boulevard corridor from E. Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians and public art. • The BBCRA, in partnership with non-profit housing development corporations, redeveloped a 4.5 acre vacant land site at N. Seacrest Boulevard and 6th Avenue into 21 single-family homes, new roadway and infrastructure. • The BBCRA and the City of Boynton Beach are currently partnering on the Model Block Project consisting of site work, roadway improvements, sidewalks, streetscapes, property acquisition and construction of 15 new single-family homes at NW 10th Avenue and Seacrest. The project includes upgraded streetscapes and utilities. Page 2 of 12 • In 2015, the BBCRA partnered with Boos Development Group to create the first new retail development in the neighborhood in over 45 years. The Family Dollar opened in 2016 at the SE corner of Seacrest Blvd. and Martin Luther King, Jr. Blvd., giving residents the opportunity to shop for brand name products at a reasonable price. • The BBCRA has been assembling land to enlarge and improve Sara Sims Park, an existing six acre park located at the SW corner of Martin Luther King, Jr. Blvd. and N. Seacrest Boulevard. A park master plan has been developed and approximately $2 million worth of improvements will be constructed beginning in the fall of 2018. II. REDEVELOPMENT PROJECT SITE DESCRIPTION The BBCRA is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the redevelopment of two mixed-use development sites (Project Site) totaling approximately 3.6 (+/-) acres of BBCRA owned properties. The available BBCRA-owned parcels are adjacent to privately owned parcels which, if aggregated, would make for a larger overall development site (see Attachment "A.I.-A.II." for location map of site). The BBCRA parcels are located on the north and south side of E. Martin Luther King Jr. Boulevard, at the western end of the corridor near N. Seacrest Boulevard. Additional BBCRA owned properties are located at the eastern end of the Martin Luther King Jr. Boulevard corridor and are available for consideration within this RFP/RFQ (see Attachment Proposals must be consistent with the BBCRA 2016 Redevelopment Plan (2016 Redevelopment Plan), in the section dedicated to the Heart of Boynton District which is available on the BBCRA's website, www.boyntonbeachBBCRA.com/OpenForBusiness/PlansandDocuments. The goals of the BBCRA and 2016 Redevelopment Plan are to leverage the publicly owned real estate assets and financial and/or development incentives to encourage redevelopment of the CRA Area, to increase the residential and commercial opportunities in the CRA Area, and to provide quality public enhancements that improve the recreational, economic, and cultural quality of life for residents. The ultimate goal of the BBCRA and community is to create a larger, more integrated project(s) that will have a greater impact throughout the Corridor. Proposers are strongly encouraged to include a strategy to integrate the private parcels in order to create a larger, unified site plan, if feasible. There are no structures on the BBCRA owned parcels. However, there are existing but aged structures on two of the privately held surrounding properties: a multifamily rental with four units and a small convenience store plaza. Retail is not required in each building or structure being proposed, but development of a commercial/retail component is strongly suggested in any Proposal as indicated in the 2016 Redevelopment Plan. Given the close proximity of the Family Dollar, some small neighborhood retail space adjacent to Family Dollar would be welcome. Firms or entities (Proposers) responding to this RFP/RFQ are encouraged to exercise creativity in defining a concept that satisfies the vision of the 2016 Redevelopment Plan, applicable zoning or entitlements, and sound real estate development practices. III. LAND USE AND ZONING REGULATIONS At the western end of the Project Site, the southern portion of the BBCRA parcels have a BBCRA Plan recommended land use of Mixed Use Two (MU-2) allowing for a maximum density of 40 dwelling units per acre with a maximum building height of 65ft. The majority of the BBCRA owned parcels located on the northern side of Martin Luther King Jr. Boulevard have a Land Use of Local Retail Commercial (LRC) and a corresponding zoning designation of Neighborhood Commercial (C2) with a maximum Page 3 of 12 building height of 45ft(see Attachment"A.II."). BBCRA owned parcels at the eastern end of the Martin Luther King Jr. Boulevard corridor have a BBCRA Plan recommended Land Use of Mixed-use Low (MUL) with a density of 20 units per acre and a maximum building height of 45ft and a corresponding zoning designation of Mixed-use One (MU-1) (see Attachment As the approving body for land use and zoning, the designations described above can be verified in the City of Boynton Beach Land Development Regulations and by the City Development Department located at 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. IV. SURVEY AND APPRAISAL The BBCRA will provide the most recent surveys and appraisals for the identified properties on the Agency's website: www.catchboynton.com. Proposers should not rely solely on the information in the appraisals when compiling the financial components of a proposal. The appraised value should be considered with all offers and requests for BBCRA incentives. V. PALM BEACH COUNTY IMPACT FEES Development of the property will be subject to Palm Beach County (PBC) impact fees. Please contact Impact Fee Coordinator for PBC, Willie Swoope at (561) 233-5025, wswoope@pbcgov.org, for specific information regarding impact fees applicable to the proposed development, or go to http-//discover.pbcgov.org/pzb/administration/Pages/Impact-Fees.aspx to download relevant information. VI. ARCHITECTURAL AND DESIGN CONSIDERATIONS The project should include quality architectural design and site development standards that enhance the area and adjacent neighborhoods. Proposers should rely on the 2016 BBCRA Redevelopment Plan and the Urban Design Guidelines for design guidance. Proposals will be evaluated for their adherence and incorporation of architectural and design elements presented in the 2016 Redevelopment Plan and the Urban Design Guidelines. The Urban Design Guidelines may be obtained from the BBCRA's website: www.catchboynton.com. VII. COMMITMENT TO THE REDEVELOPMENT PROJECT AND PLAN The BBCRA encourages and incentivizes private sector development and civic improvements undertaken within the CRA Area. Under Chapter 163, Florida Statutes, the creation of the BBCRA and implementation of the 2016 Redevelopment Plan allows the tax increment revenue generated within the CRA Area to be used for a variety of activities associated with the CRA Area of the BBCRA, including but not limited to the Heart of Boynton District community. The BBCRA is committed to meeting the goals and objectives of the 2016 Redevelopment Plan for the various planning districts with both policies and funding. The BBCRA has approximately $1.2 million in the FY 2017-2018 budget identified for MLK Jr. Boulevard Corridor Redevelopment project with the authority to make funding appropriation adjustments. The BBCRA has identified the items in the list below as possible incentives to be provided by the BBCRA and considered by the Proposer in its response to this RFP/RFQ. Proposers are encouraged to incorporate these incentives into Proposals, and should identify how such incentives will benefit the Project. As incentives, the BBCRA will • As a financial incentive, offer to transfer all BBCRA-owned land within the Project Site to the Proposer at a reduced cost or at no cost. Any offers to lease or acquire the property for less than the appraised value must indicate the value of other items of public benefit, such as creation of jobs, parking and open space, commercial/retail space, provision of affordable housing, etc., and must state the specific benefits that the proposed project would bring to the surrounding Page 4 of 12 area. Pursuant to Section 163.380(2), Florida Statutes, offers for the acquisition of the properties for less than fair value shall ultimately require the approval of the Boynton Beach City Commission. • Consider providing financial or other forms of assistance for eligible items including but not limited to design and engineering costs, permit costs, tenant rent subsidy, project marketing and/or community input meetings. • Consider providing incentives to enhance home ownership opportunities, such as (but not limited to), second mortgage subsidies and/or assistance with County and State grant or funding applications. • Consider providing financial or other forms of assistance for eligible items such as but not limited to Project Site infrastructure, public improvements and streetscape or pedestrian enhancements. • Consider requests that certain portions of the Project could utilize or apply for Tax Increment Revenue (TIR), 9% Low Income Housing Tax Credit Financing, or SAIL financing. • BBCRA Staff support and assistance with obtaining Palm Beach County impact fee credits, City of Boynton Beach Utility Cap fees or any other applicable fee credits or waivers that do not involve additional BBCRA funding. • To the best of its ability, the BBCRA will be cooperative partners in pursuing any site plan or permit approvals that may be required to expedite the selected redevelopment project. VIII. PROPOSAL SUBMISSION REQUIREMENTS All of the following documents must be submitted or the Proposal will not be considered sufficient for consideration and will be rejected- 1. ejected:1. Provide a written statement of the Proposer's qualifications along with general information of the Proposer (see Attachment "C"), including examples of experience with similar projects, as well as background information on the principals. If the selected Proposer is a public corporation, provide copies of its annual report or SEC filings as appropriate. 2. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. 3. Provide a copy of the commercial lease agreement, if any, or proof of property ownership at the location the Proposer is currently licensed to do business. If the Proposal is submitted by more than one entity, each entity much provide the requested information separately. 4. Provide a list of personnel that will be part of the proposed project's development or management team, along with their professional qualifications and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten projects for this item. 5. Provide a written list of similar projects developed by the Proposer that were completed, including photographs, addresses, date the projects were completed, and general project description. Provide no less than two and no more than ten projects for this item. If the Proposal is submitted by more than one entity, each entity must provide the information requested separately. 6. Provide a detailed description of the proposed project, with text and graphics. This should include but is not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations; typical floor plans; and elevations. 7. Provide a breakdown of the proposed total number of commercial units, rental or for sale housing units and housing unit types (attached or detached), including number of bedrooms and bathrooms, Page 5 of 12 and square footage for each unit type. Please estimate the number of units and type of units that will meet HUD's definition of "affordable" housing categories, if any. 8. Provide both a conceptual development and operating pro forma as applicable. The development pro forma shall include and clearly identify the cost of land acquisition from the BBCRA along with any proposed funding assistance being requested of the BBCRA, if any. 9. If the project is proposed to use other project based subsidies, Proposer must demonstrate extensive experience with obtaining such project-based subsidies for affordable housing by listing projects and the amount and type of subsidy utilized. 10. A program description of how the Proposer will make attempts to utilize local residents, qualified contractors, and sub-contractors in the development, construction, operation and management of the proposed project. Documentation of this effort will be required for program monitoring. At a minimum, the hiring and training program may include, but is not limited to, the following: a. Advertising the employment positions at a prevailing wage and training; b. Sponsoring (scheduling, advertising, financing, or providing in-kind services for) a job informational meeting; c. Arranging assistance and conducting job interviews; d. Participation from agencies specializing in workforce development and training; e. A signed written statement committing to the use of the described program if selected must accompany the program description. 11.A signed written statement of intent to purchase the Project Site property, if applicable, indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection (if selected). Any Purchase and Development Agreement ("Agreement") will contain performance based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. 12. Authorization to Perform Credit Check for each Proposer entity. The Authorization must be executed by the appropriate officer of Proposer entity. (See Attachments "D" and "E" Authorization forms). 13.Proof of financial capability to complete the proposed project, if selected. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three-year statement of past income, and a projected one- year income statement for the current fiscal year for the Proposer (and its parent entity if it is a subsidiary). If the Proposer is to be created specifically for the intended project or if the Proposer is less than three years old, then each partner or stockholder must submit its own financial statement as described above. Tax returns may be substituted for financial statements. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the Proposer (or its principals or affiliates) to complete the project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked `confidential.' Financial information will be accepted only from the Proposer. Page 6 of 12 14.The Proposer must submit a conceptual Marketing Plan which will indicate how the commercial and residential units will be sold or leased, strategies of outreach to the end users and community, proposed recommended sale/lease price ranges that are supported by the financial plan and pro- forma, and the project's proposed absorption rate. 15. An acknowledgement letter attesting that the Proposer has read and understands all procedures of this RFP/RFQ and information form (see Attachment "F"). 16. A promotional PowerPoint presentation of the Proposal, consisting of 10 to 15 slides. 17. A list of all civil and criminal legal actions in which each Proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. 18.All other requirements contained in this RFP/RFQ, including all attachments that request a response or information from the Proposer. IX. RFP/RFQ SUBMISSION CRITERIA Proposals and developer qualifications (Proposals) must be received by the Boynton Beach Community Redevelopment Agency at 710 N. Federal Highway, Boynton Beach, Florida 33435, no later than 3:00 p.m. (E.S.T.) on August 20, 2018. Faxed and emailed proposals will not be accepted. All proposals will be date and time stamped by the BBCRA. The failure to strictly meet this deadline or any application missing any element of the submission criteria may result in the submittal being rejected and returned at the sole discretion of the BBCRA. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the BBCRA office by the BBCRA's receptionist or other delegated representative for the receipt of the submittals. After the Proposals are received by the CRA, the CRA may make requests to Proposers for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the Proposal or Proposer(including all affiliates, officers, directors, partners and employees). The BBCRA may refect any and all bids, to waive formalities, to re-advertise, and to accept the Proposal it deems, in its sole discretion and in accordance with all applicable laws, to be in its best interests. X. DISCLOSURE The BBCRA reserves the right to withdraw this RFP/RFQ either before or after receiving Proposals, reject any or all Proposals submitted, accept Proposals which deviate from the RFP/RFQ, and to disqualify any Proposal that does not contain the documentation requested in this RFP/RFQ. The BBCRA may, at its sole discretion elect to waive requirements and/or irregularities either for all responses or for a specific response, which the CRA, in its sole discretion, deems non-material. Any and all decisions by the CRA to modify the schedule described herein, request additional information, reject insufficient or unclear Proposals, reject any and all Proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the BBCRA's sole and absolute discretion. Following submission of a bid, the Proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the Proposer(including the Proposer's affiliates, officers, directors, partners and employees), as requested by the BBCRA. Page 7 of 12 NOTE: Any recipient of this RFP/RFQ who responds hereto fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this Disclosure and Disclaimer and the balance of the RFP/RFQ, the provisions of this Disclosure and Disclaimer shall govern. XI. Number of Copies In total, one (1) bound original Proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting Proposer along with one (1) unbound but clipped copies of the Proposal and one (1) digital copy of the complete Proposal in PDF format on a labeled CD/DVD or thumb drive. Facsmile or emailed copies of the Proposal will not be accepted. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Proposals and Developer Qualifications for the Commercial and Residential Redevelopment of a 3.5 (+/-) Acre Site Boynton Beach Community Redevelopment Area, Heart of Boynton District, City of Boynton Beach, Florida Issue Date: June 18, 2018 Submittal Deadline: August 20, 2018, no later than 3:00 p.m. XII. RFP/RFQ SUBMISSION EVALUATION & SELECTION PROCESS The BBCRA staff shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements for review by the Evaluation Committee. A Proposer's failure to provide a substantially complete RFP/RFQ response submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. All response submittals shall be reviewed and evaluated by an Evaluation Committee comprised of the BBCRA Executive Director and Assistant Director, a member of the City of Boynton Beach's Planning and Development staff, and the Economic Development and Strategy Director of the City of Boynton Beach. The Evaluation Committee will provide an evaluation and ranking of the Proposals based upon the following criteria: 20 Points: Experience of the Proposer in completing redevelopment projects comparable to the desired project concept(as required by the RFP/RFQ)within markets similarto the project area. 25 Points: Conceptual Plan: Proposer's adherence to the goals and objectives of the RFP/RFQ and referenced BBCRA planning documents, including project design, project elements, economic impacts, amenities and public benefits. 20 Points: Conceptual Financial Plan: Proposed purchase price, overall financial plan/structure, overall market understanding, and development/operating pro forma. 10 Points Proposed use of BBCRA offered incentives and assistance. Page 8 of 12 10 Points: Proposer's financial commitment and equity investment, if any. 5 Points: Experience in bringing additional subsidies or funding sources to the project other than from BBCRA. 10 Points: Conceptual Development and Construction Schedule: Ability to proceed immediately from a financial and organizational perspective. 100 POINTS A short list of the three (3) most qualified, top ranking Proposals will be generated according to the evaluation criteria listed within this document. In the event fewer than three (3) firms express interest in a projector fewer than three (3) are deemed qualified by the Evaluation Committee, then the BBCRA Board shall make a determination as to whether to proceed with the lesser number of firms, to re- advertise, to withdraw the RFP/RFQ from consideration, or to make any other decision it deems to be in the BBCRA's best interest regarding this RFP/RFQ. The RFP/RFQ response submittals will be ranked and the top three (3) ranked submittals will be asked to make an oral presentation of their qualifications, project vision, financial plan and project methodology to the BBCRA Board at their regular meeting on September 11, 2018 at 6:30 p.m. After appearing before the BBCRA Board, a duplicate presentation by the same top three (3) ranked submittals will be made to the BBCRA Advisory Board at their regular meeting on October 4, 2018 at 6:30 p.m. The BBCRA Advisory Board will then provide the BBCRA Board with theirfindings and recommendation on the final ranking order at the BBCRA Board's at their regular meeting on October 9, 2018 at 6:30 p.m. At the conclusion of the public presentations, a Proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a Proposer regardless of their ranking and can opt to terminate the RFP/RFQ process at its sole discretion. The existence of a contractual relationship between a Proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected Proposer. Therefore, upon selection of a successful Proposer, the BBCRA and the successful proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the Proposal and this RFP/RFQ. Any Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. If the BBCRA and the successful Proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within ninety(60)days of the selection of the successful Proposer, either party shall have the right to terminate the negotiations. If the Proposer fails to return an executed copy of an agreed-upon Purchase and Development Agreement within 20 days of receipt of such Agreement from the BBCRA, the BBCRA may terminate negotiations, or withdraw its offer of Agreement. Upon termination of negotiations or withdrawal of offer of Agreement, the BBCRA may move forward as it deems appropriate, which may including entering into negotiations with another Proposer, re-advertising the RFP/RFQ, electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the CRA. It will be necessary for Proposers to comply fully with the general terms and conditions outlined in this document if they are to be considered. The failure to strictly meet the submittal deadline or the failure to include any required element of the submission criteria will result in the submittal being deemed incomplete and may be rejected and returned at the sole discretion of the BBCRA. Any question regarding whether a Proposal has been submitted within the specified time shall be resolved by reference to the time kept at the BBCRA office. Page 9 of 12 XIII. TENTATIVE SCHEDULE OF EVENTS The BBCRA has established the following tentative schedule for proposal submission and selection of the successful Proposer(s). The BBCRA however, reserves the right to amend milestone dates. Issue Date: June 18, 2018 Request for Information Deadline: August 7, 2018, 3:00 p.m., BBCRA Office Submittal Deadline: August 16, 2018, by 3:00 p.m., BBCRA Office Presentation to BBCRA Board' September 11 , 2018 at 6:30 p.m., Intracoastal Park Presentation to the BBCRA Advisory Board*: October 4, 2018 at 6:30 p.m., Intracoastal Park Purchase & Development Agreement October 9, 2018 at 6:30 p.m., Intracoastal to BBCRA Board: Park (*Note: Dates above subject to change— notification of any change will be posted on the CRA's website, catchboynton.com) XIV. DOCUMENTS AVAILABLE FOR REVIEW The following planning and design site related documents are included in this RFP/RFQ and are available in electronic format which may be retrieved from the BBCRA's website: www.catchboynton.com • Phase I Environmental Report (south side of MILK Jr. Blvd. only) • Project Site Survey (north side of MILK Jr. Blvd. only) • Urban Design Guidelines XV. CONTACTS All correspondence and requests for information regarding the RFP/RFQ should be directed to: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 Phone: (561) 600-9091 Fax: (561) 737-3258 Email: SimonMp_bbfl.us XVI. ANSWERS TO QUESTIONS Proposers are required to restrict all contact, questions and requests for clarifications regarding this RFP/RFQ to the named individual(s) listed above. All such requests must be submitted in writing via email and may be submitted at any time but no later than 5:00 p.m., on August 7, 2018. All answers to questions, clarifications, and interpretations will be issued in the form of addenda. The Proposer will acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment "G"). Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All Proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Proposer, or to any assumptions made by Proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in RFP/RFQ file. Page 10 of 12 XVII. LIMITATIONS ON COMMUNICATIONS - CONE OF SILENCE/NO LOBBYING It is expected that there will be no communication with parties other than those specifically noted herein and such communication will be for clarification regarding procedures and objectives specified within the RFP/RFQ document. The BBCRA prohibits communication to or with any BBCRA Board Member, Advisory Board Member, officer, or employee during the submission process except as described in the RFP/RFQ. Communication with any parties for any purposes other than those expressly described herein may cause an individual or firm to be disqualified immediately from participating in the development proposal or selection process. All questions or inquiries should be directed via email to Michael Simon, BBCRA Executive Director at simonm@bbfl.us. For purposes of clarification, a Proposer's representatives shall include, but not be limited to, the proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer. Any violation of this condition may result in rejection and/or disqualification of the Proposer's response. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate at the time the BBCRA Board selects a Proposer, rejects all proposals, or otherwise takes action which ends the solicitation process. XVIII. NON-DISCRIMINATION The selected Proposer, its successors and assigns, agree that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the BBCRA, Proposal, or the project. XIX. PROTESTS Any and all decisions by the BBCRA Board to modify the schedule described herein, request additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the BBCRA's sole discretion and no protests whatsoever shall be considered by the BBCRA Board. Submittal of a Proposal in response to this RFP/RFQ on the part of any all proposers constitutes acceptance of this policy. XX. RIGHT TO WITHDRAW The BBCRA specifically reserves the right to refrain from awarding an Agreement or contract associated with this RFP/RFQ to any persons and to withdraw from the process and/or negotiations at any time at its sole and absolute discretion. The BBCRA reserves the right to enter into a contract with any of the Proposers on the basis of the impact on redevelopment by the proposed project at the BBCRA's sole and absolute discretion and not necessarily to the Proposer offering the highest purchase price or monetary value. The BBCRA expressly reserves the right to obtain economic feasibility studies or third party evaluation with regard to any part of the subject proposals. XXI. PERMITS, TAXES AND LICENSES Proposer shall at its own expense obtain all necessary permits, and licenses, and pay all fees and taxes required to comply with all local state, and federal laws, rules ordinances, and regulations applicable to the business to be carried on under the contract. XXII. PUBLIC RECORDS The BBCRA is public agency subject to Chapter 119, Florida Statutes. The successful Proposer shall comply with Florida's Public Records Law. Specifically, the successful Proposer shall: • Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; Page 11 of 12 • Provide the public with access to such public records on the same terms and conditions that the BBCRA 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; • 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 • Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the Proposer 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 BBCRA in a format that is compatible with the information technology systems of the BBCRA. • IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435, Boynton Beach CRAP-bbf1.us. XXIII. PUBLIC ENTITY CRIMES STATEMENT A Person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications (as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact businesses with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list (see ATTACHMENT "H"). XXIV. DRUG FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, preference shall be given to Proposer(s) with drug free work programs. Whenever two (2)or more Proposals, which are equal with respect to price, quality and service, are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the Proposer shall complete and submit with its Proposal the attached certification, Attachment "I" Drug Free Workplace Certification. "This establishes the end of the main document" Page 12 of 12 low �� N �eacre�t Bivri ; at the western endo ATTACHMENT A.I. CRA owned parcels'= p f Martin Luther King Jr.Boulevard ,`fry , m t i , F k i ck 5 t„ s =_ ,;` I+IE 1st S t• ts��` R r 4 � ,ti ATTACHMENT A.II. CRA owned parcels at the western end of Martin Luther King Jr. Boulevard ; t cn 1 1, LD. ` � 3 O $ I`. a. CP 0 CID CL sir Yt q O } 0 @ 3� 'SIL - i t' _ - :37 - cUQ 0 co 4k, 3 x C Q C �� r�9 nslS� C r O X _ i x cl. C1 C Q N ., v CD �g x ¢ k I �4 v ch — ,, 1P 14 � 3 El D m mi 1-1 m D nr03 D 2 W fN m A O n O =3m 1— z D 03 OT 9 n x � z A r [n D n D A W O cmi m C z z z n n O r A m Z n ATTACHMENT A.III. CRA owned parcels at the eastern end of Martin Luther King Jr. Boulevard 4 Cn , rs 5 rS I �. � G£k r � x i 5 r> 7 N £ i s t . 7 C Nj �4 ' 0 3 n 3 1 _ o 3 � N m v' RilryF rn - , ATTACHMENT "By' 2016 CRA REDEVELOPMENT PLAN NOT ATTACHED DUE TO SIZE. CAN BE VIEWED ON THE CRA WEBSITE: CATCH BOYNTON.COM OPEN FOR BUSINESS PLANS AND DOCUMENTS http://catchboynton.com/index.php?option=com 1<2&view=item&layout=item&id=761&Item id=586 ATTACHMENT "C" PROPOSER(S) INFORMATION Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: 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 the organization and management efforts. Age of Organization — In continuous business since: 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: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: ATTACHMENT "D" AUTHORIZATION TO PERFORM CREDIT CHECK For Principal/Owner: (Please use a separate form for each principal/owner) The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This Proposer hereby waives any and all claims, past present or future, which the Proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone #: Signature: Date: Print Name: ATTACHMENT "E" AUTHORIZATION TO PERFORM CREDIT CHECK For Business: The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This Proposer hereby waives any and all claims, past present or future, which the Proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Business Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone #: Fax#: Signature: Date: Print Name: Title: ATTACHMENT "F" ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE ********************************************************************************** Re: Boynton Beach Community Redevelopment Agency Commercial and Residential Redevelopment of a 3.5 (+/-) Acre Site within the Boynton Beach Community Redevelopment Area, Heart of Boynton District, Request for Proposal/Request for Qualifications (RFP/RFQ) dated June 18, 2018 To Whom It May Concern: The undersigned has read the Boynton Beach CRA (BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the Commercial and Residential Redevelopment of a 3.6 (+/-) Acre Site within the Heart of Boynton District area, dated June 18, 2018. On behalf of our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are enclosed. Sincerely, Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date ATTACHMENT "G" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Commercial and Residential Redevelopment of a 3.6 (+/-) Acre Site within the Boynton Beach Community Redevelopment Area, Heart of Boynton District, By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: ❑ BBCRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Proposer's Signature Print Name Title Date ATTACHMENT "H" 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 proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids proposals, or replies 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, Florida Statutes, 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 Bidder complies fully with the above requirements. Proposer's Signature Print Name Title Date ATTACHMENT "I" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that f who is responding to this RFP/RFQ maintains a drug-free workplace program, and that the following conditions are met: (1)We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Date Name & Title (typed) „,..., ,;.-..4_ BOY TOI cA =BEACH CRA BOARD MEETING OF: June 12, 2018 OLD BUSINESS AGENDA ITEM: 13.G. SUBJECT: Consideration of an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor SUMMARY: The approved 2016 CRA Redevelopment Plan and 2014 Heart of Boynton Plan are the result of input and direction gathered from the community on the conceptual commercial and residential development elements, the various land uses and zoning categories, and supported design features desired for future redevelopment projects within the corridor(see Attachment I). The CRA Board has been earnestly discussing the development potential for existing CRA owned and adjacent properties within the Martin Luther King Jr. Boulevard Corridor since their January 18, 2018 meeting (see Attachment II). At their February 13, 2018, staff provided the CRA Board with possible development options as directed (see Attachment Ill). At the March 13, 2018 meeting, the CRA Board directed staff to present various incentives and options for their consideration as the agency prepares a Request for Proposals and Qualifications (RFP/RFQ) in order to solicit redevelopment interest in these sites from the private sector community. As with most RFPs, the CRA has an opportunity to provide incentives such as land, funding, design and site plan assistance, development infrastructure support and partnerships to the private sector developer to make desired redevelopment projects more attractive and financially feasible. The Board could choose to describe the project type or site area of development in very specific or loose terms. The broader the proposal scope and requirement, the less restricted the private development firms will be in how they approach putting together their proposal. The draft RFP/RFQ should also encourage potential respondents to acquire adjacent properties for a larger, more impacting project wherever possible (see Attachment VIII). Currently, the CRA has approximately $1.2 million in the FY 2017-2018 budget identified for MLK Jr. Boulevard Corridor Redevelopment with the authority to make funding category adjustments. Additionally, the CRA owned vacant land with the appropriate land use and zoning designations is ready to accommodate the Plan's desired mix of commercial and residential type development. The Board could consider offering the entire value or a reduced value of the land as a financial incentive. See Attachment II for a map of CRA owned properties. BACKGROUND: At their February 13, 2018 meeting, the consensus from the Board was to seek community input prior to procuring design and development services for any future redevelopment project. The CRA Board voted to assign further review and discussion of this item to the CRAAB with the goal of utilizing CRAAB as a forum to receive additional community input on desired goals and outcomes. The CRA Board requested a recommendation from the CRAAB as to whether or not the CRA-owned properties should be redeveloped for commercial, residential, or mixed-uses. At the March 1, 2018 CRAAB meeting, 38 members from the community attended. Of the attendees, 12 members spoke during public comment for the item (see Attachment IV) and the CRA received an additional 11 comments cards (see Attachment V). The CRA also received a petition with 201 signatures for specific redevelopment uses (see Attachment VI) and emails from members of the public who were not at the meeting (see Attachment VII). FISCAL IMPACT: FY 2017-2018 Budget - Project Fund Line Item #02-58100-203 - Architectural Services: $150,000; and FY 2017-2018 Budget - Project Fund Line Item #02-58200-406 - MLK Corridor Redevelopment, CRA Property: $1,200,000. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, 2014 Heart of Boynton Plan, the Downtown Vision & Master Plan. CRAAB RECOMMENDATION: The CRA Advisory Board recommends the RFP to include the following: • Emphasis on flexibility and creativity to maximize the use of the land and maximize the appeal to at least some of the types of businesses that the community wants • Inclusion of CRA-owned properties on both the north and south sides of MLK, Jr. Boulevard • Suggestion of significant cash is available (not necessarily a specific dollar amount) in addition to the land discount for the purpose of, including but not limited to, assisting the developer in offsetting construction costs, infrastructure costs, to purchase additional parcels of land that are contiguous to the existing CRA-owned land, and/or to provide relocation assistance to attract new businesses • Promotion of the newly renovated Sara Sims Park amenities which will be in place • Requirement of commercial and residential mix of uses that is consistent with the plan for Heart of Boynton • Partnership with or work with other adjacent land owners to gain a larger footprint for the development • Work with the community for input during community meetings before, during, and after the project is completed • Maintenance of the historical perspective of the Heart of Boynton through design and attractions • Emphasis that time is of the essence and require that significant work must be done within 12 months of award of contract Portions of the development could utilize TIF, 9% tax credit financing, or SAIL financing e CRA BOARD OPTIONS: 1. Approve the release of the Request for Proposals/Request for Qualifications for the redevelopment project site and CRA owned properties known as the Martin Luther King Jr. Boulevard Corridor outlining certain Proposal criteria and development incentives as discussed and considered by the Board. 2. Do not approve the release of the Request for Proposals/Request for Qualifications for the redevelopment project site and CRA owned properties known as the Martin Luther King Jr. Boulevard Corridor outlining certain Proposal criteria and development incentives as discussed and considered by the Board. 3. Consideration of other options or direction as determined by the Board. ATTACHMENTS: Description ❑ Attachment I -2016 CRA Plan Heart of Boynton District o Attachment II -MLK Map ❑ Attachment III -MLK Conceptual Plan o Attachment IV -CRAAB 3.1.18 Meeting Minutes o Attachment V -Comment Cards o Attachment VI -Signed Petition o Attachment VII -Emails ❑ Attachment VIII - Draft RFP-RFQ - MLK Corridor t RA BOYNTON =BEACH Request for Proposals and Developer Qualifications for the Commercial and Residential Redevelopment of a 3.5 (+1-) Acre Site Boynton Beach Community Redevelopment Area, Heart of Boynton District, City of Boynton Beach, Florida The Boynton Beach Community Redevelopment Agency(BBCRA) is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the acquisition and redevelopment project site described herein and will accept sealed proposals submitted at its office located at 710 N. Federal Highway, Boynton Beach, FL 33435, on or before August 20, 2018, no later than 3:00 p.m. Eastern Standard Time. Proposals received after to the date and time set forth above will not be accepted for consideration. All proposals will be date and time stamped by the BBCRA. Faxed or emailed Proposals will not be accepted. The RFP/RFQ documents and related attachments must be obtained from the BBCRA office or website at www.catchboynton.com. The BBCRA may refect any and all bids, to waive formalities, to re-advertise, and to accept the Proposal it deems, in its sole discretion and in accordance with all applicable laws, to be in its best interests. Page 1of12 1. COMMUNITY and ECONOMIC CONDITIONS The City of Boynton Beach, (City) with a population of 71,000, is the third largest city in Palm Beach County, Florida. It is located approximately 15 miles south of West Palm Beach and 45 miles north of Miami. This puts it in the heart of southeast Florida's rapidly growing tri-county Miami- Dade/Broward/Palm Beach Metropolitan area. Boynton Beach enjoys being located on the Intracoastal Waterway and within close proximity of a navigational inlet to the Atlantic Ocean. It is for this reason, along with some of the best fishing and diving in the world that Boynton Beach is known as "the Gateway to the Gulfstream". Access to Boynton Beach by roadway is easy as well, with three exits for those travelling on Interstate 95 and the Florida Turnpike. The city has a market of more than 6 million people within a two-hour radius and ready access to three international airports, two major rail lines, as well as the Tri-Rail regional commuter rail system. Currently, the Boynton Beach Community Redevelopment Agency (BBCRA) and the City are collaborating to redevelop a 16.5 acre site into a new downtown Town Square located at the Southeast corner of E. Boynton Beach Boulevard and N. Seacrest Boulevard. This catalyst redevelopment project will break ground in July 2018 and will consist of a new City Hall/Library complex, 120-150 room hotel, 60,000 sq ft of commercial space, 600 +/- residential units, restored multi-purpose historic high school building, amphitheater/event space, park areas and pedestrian amenities. The Heart of Boynton is bound by 1-95 to the west, Federal Highway to the east, the Boynton Beach Canal (C-16) to the north and E. Boynton Beach Boulevard to the south. Seacrest Boulevard runs north-south through the center of the community, from downtown Delray Beach to Hypoluxo Road. The Heart of Boynton District consists of approximately 338 acres within the 1,600 acre BBCRA Redevelopment Area (CRA Area) and is located immediately north and west of the downtown core of the City (see Attachment "B" for the BBCRA Redevelopment Plan). In 2013, the Heart of Boynton District area contained 2,760 people, 90 percent of whom were African-American with a median household income of approximately $20,848. Over the past ten years, there has been approximately $30 million of BBCRA and City investment into the Heart of Boynton District for construction of new park facilities and community building, property acquisition, construction of new homes and rehabilitation of existing homes, roadway and streetscape enhancements and commercial development. Some of the projects are: • The City of Boynton Beach completed the redevelopment of the Carolyn Sims Park building and grounds in excess of $10 million. The park is located at NW 12th Avenue and is the center of neighborhood activities. • The City of Boynton Beach invested $1.5 million of federal stimulus dollars into the N. Seacrest Boulevard corridor from E. Boynton Beach Boulevard north to the C-16 canal to create an attractive streetscape with new lighting, landscaped medians and public art. • The BBCRA, in partnership with non-profit housing development corporations, redeveloped a 4.5 acre vacant land site at N. Seacrest Boulevard and 6th Avenue into 21 single-family homes, new roadway and infrastructure. • The BBCRA and the City of Boynton Beach are currently partnering on the Model Block Project consisting of site work, roadway improvements, sidewalks, streetscapes, property acquisition and construction of 15 new single-family homes at NW 10th Avenue and Seacrest. The project includes upgraded streetscapes and utilities. Page 2 of 12 • In 2015, the BBCRA partnered with Boos Development Group to create the first new retail development in the neighborhood in over 45 years. The Family Dollar opened in 2016 at the SE corner of Seacrest Blvd. and Martin Luther King, Jr. Blvd., giving residents the opportunity to shop for brand name products at a reasonable price. • The BBCRA has been assembling land to enlarge and improve Sara Sims Park, an existing six acre park located at the SW corner of Martin Luther King, Jr. Blvd. and N. Seacrest Boulevard. A park master plan has been developed and approximately $2 million worth of improvements will be constructed beginning in the fall of 2018. II. REDEVELOPMENT PROJECT SITE DESCRIPTION The BBCRA is issuing a Request for Proposals and Developer Qualifications (RFP/RFQ) for the redevelopment of two mixed-use development sites (Project Site) totaling approximately 3.6 (+/-) acres of BBCRA owned properties. The available BBCRA-owned parcels are adjacent to privately owned parcels which, if aggregated, would make for a larger overall development site (see Attachment "A.I.-A.II." for location map of site). The BBCRA parcels are located on the north and south side of E. Martin Luther King Jr. Boulevard, at the western end of the corridor near N. Seacrest Boulevard. Additional BBCRA owned properties are located at the eastern end of the Martin Luther King Jr. Boulevard corridor and are available for consideration within this RFP/RFQ (see Attachment "A.III."). Proposals must be consistent with the BBCRA 2016 Redevelopment Plan (2016 Redevelopment Plan), in the section dedicated to the Heart of Boynton District which is available on the BBCRA's website, www.bovntonbeachBBCRA.com/OpenForBusiness/PlansandDocuments. The goals of the BBCRA and 2016 Redevelopment Plan are to leverage the publicly owned real estate assets and financial and/or development incentives to encourage redevelopment of the CRA Area, to increase the residential and commercial opportunities in the CRA Area, and to provide quality public enhancements that improve the recreational, economic, and cultural quality of life for residents. The ultimate goal of the BBCRA and community is to create a larger, more integrated project(s) that will have a greater impact throughout the Corridor. Proposers are strongly encouraged to include a strategy to integrate the private parcels in order to create a larger, unified site plan, if feasible. There are no structures on the BBCRA owned parcels. However, there are existing but aged structures on two of the privately held surrounding properties: a multifamily rental with four units and a small convenience store plaza. Retail is not required in each building or structure being proposed, but development of a commercial/retail component is strongly suggested in any Proposal as indicated in the 2016 Redevelopment Plan. Given the close proximity of the Family Dollar, some small neighborhood retail space adjacent to Family Dollar would be welcome. Firms or entities (Proposers) responding to this RFP/RFQ are encouraged to exercise creativity in defining a concept that satisfies the vision of the 2016 Redevelopment Plan, applicable zoning or entitlements, and sound real estate development practices. III. LAND USE AND ZONING REGULATIONS At the western end of the Project Site, the southern portion of the BBCRA parcels have a BBCRA Plan recommended land use of Mixed Use Two (MU-2) allowing for a maximum density of 40 dwelling units per acre with a maximum building height of 65ft. The majority of the BBCRA owned parcels located on the northern side of Martin Luther King Jr. Boulevard have a Land Use of Local Retail Commercial (LRC) and a corresponding zoning designation of Neighborhood Commercial (C2) with a maximum Page 3 of 12 building height of 45ft(see Attachment"A.II."). BBCRA owned parcels at the eastern end of the Martin Luther King Jr. Boulevard corridor have a BBCRA Plan recommended Land Use of Mixed-use Low (MUL) with a density of 20 units per acre and a maximum building height of 45ft and a corresponding zoning designation of Mixed-use One (MU-1) (see Attachment "A.III."). As the approving body for land use and zoning, the designations described above can be verified in the City of Boynton Beach Land Development Regulations and by the City Development Department located at 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435. IV. SURVEY AND APPRAISAL The BBCRA will provide the most recent surveys and appraisals for the identified properties on the Agency's website: www.catchboynton.com. Proposers should not rely solely on the information in the appraisals when compiling the financial components of a proposal. The appraised value should be considered with all offers and requests for BBCRA incentives. V. PALM BEACH COUNTY IMPACT FEES Development of the property will be subject to Palm Beach County (PBC) impact fees. Please contact Impact Fee Coordinator for PBC, Willie Swoope at (561) 233-5025, wswoope@pbcgov.org, for specific information regarding impact fees applicable to the proposed development, or go to http://discover.pbcgov.org/pzb/administration/Pages/Impact-Fees.aspx to download relevant information. VI. ARCHITECTURAL AND DESIGN CONSIDERATIONS The project should include quality architectural design and site development standards that enhance the area and adjacent neighborhoods. Proposers should rely on the 2016 BBCRA Redevelopment Plan and the Urban Design Guidelines for design guidance. Proposals will be evaluated for their adherence and incorporation of architectural and design elements presented in the 2016 Redevelopment Plan and the Urban Design Guidelines. The Urban Design Guidelines may be obtained from the BBCRA's website: www.catchboynton.com. VII. COMMITMENT TO THE REDEVELOPMENT PROJECT AND PLAN The BBCRA encourages and incentivizes private sector development and civic improvements undertaken within the CRA Area. Under Chapter 163, Florida Statutes, the creation of the BBCRA and implementation of the 2016 Redevelopment Plan allows the tax increment revenue generated within the CRA Area to be used for a variety of activities associated with the CRA Area of the BBCRA, including but not limited to the Heart of Boynton District community. The BBCRA is committed to meeting the goals and objectives of the 2016 Redevelopment Plan for the various planning districts with both policies and funding. The BBCRA has approximately $1.2 million in the FY 2017-2018 budget identified for MLK Jr. Boulevard Corridor Redevelopment project with the authority to make funding appropriation adjustments. The BBCRA has identified the items in the list below as possible incentives to be provided by the BBCRA and considered by the Proposer in its response to this RFP/RFQ. Proposers are encouraged to incorporate these incentives into Proposals, and should identify how such incentives will benefit the Project. As incentives, the BBCRA will • As a financial incentive, offer to transfer all BBCRA-owned land within the Project Site to the Proposer at a reduced cost or at no cost. Any offers to lease or acquire the property for less than the appraised value must indicate the value of other items of public benefit, such as creation of jobs, parking and open space, commercial/retail space, provision of affordable housing, etc., and must state the specific benefits that the proposed project would bring to the surrounding Page 4 of 12 area. Pursuant to Section 163.380(2), Florida Statutes, offers for the acquisition of the properties for less than fair value shall ultimately require the approval of the Boynton Beach City Commission. • Consider providing financial or other forms of assistance for eligible items including but not limited to design and engineering costs, permit costs, tenant rent subsidy, project marketing and/or community input meetings. • Consider providing incentives to enhance home ownership opportunities, such as (but not limited to), second mortgage subsidies and/or assistance with County and State grant or funding applications. • Consider providing financial or other forms of assistance for eligible items such as but not limited to Project Site infrastructure, public improvements and streetscape or pedestrian enhancements. • Consider requests that certain portions of the Project could utilize or apply for Tax Increment Revenue (TIR), 9% Low Income Housing Tax Credit Financing, or SAIL financing. • BBCRA Staff support and assistance with obtaining Palm Beach County impact fee credits, City of Boynton Beach Utility Cap fees or any other applicable fee credits or waivers that do not involve additional BBCRA funding. • To the best of its ability, the BBCRA will be cooperative partners in pursuing any site plan or permit approvals that may be required to expedite the selected redevelopment project. VIII. PROPOSAL SUBMISSION REQUIREMENTS All of the following documents must be submitted or the Proposal will not be considered sufficient for consideration and will be rejected: 1 . Provide a written statement of the Proposer's qualifications along with general information of the Proposer (see Attachment "C"), including examples of experience with similar projects, as well as background information on the principals. If the selected Proposer is a public corporation, provide copies of its annual report or SEC filings as appropriate. 2. Provide a certificate of good standing from the Secretary of State of Florida and the state in which the corporation is headquartered, if not Florida. 3. Provide a copy of the commercial lease agreement, if any, or proof of property ownership at the location the Proposer is currently licensed to do business. If the Proposal is submitted by more than one entity, each entity much provide the requested information separately. 4. Provide a list of personnel that will be part of the proposed project's development or management team, along with their professional qualifications and a list of similar projects on which they have actively participated. Provide no less than three and no more than ten projects for this item. 5. Provide a written list of similar projects developed by the Proposer that were completed, including photographs, addresses, date the projects were completed, and general project description. Provide no less than two and no more than ten projects for this item. If the Proposal is submitted by more than one entity, each entity must provide the information requested separately. 6. Provide a detailed description of the proposed project, with text and graphics. This should include but is not limited to a schematic site layout plan; proposed density, intensity, and height; parking locations; typical floor plans; and elevations. 7. Provide a breakdown of the proposed total number of commercial units, rental or for sale housing units and housing unit types (attached or detached), including number of bedrooms and bathrooms, Page 5 of 12 and square footage for each unit type. Please estimate the number of units and type of units that will meet HUD's definition of "affordable" housing categories, if any. 8. Provide both a conceptual development and operating pro forma as applicable. The development pro forma shall include and clearly identify the cost of land acquisition from the BBCRA along with any proposed funding assistance being requested of the BBCRA, if any. 9. If the project is proposed to use other project based subsidies, Proposer must demonstrate extensive experience with obtaining such project-based subsidies for affordable housing by listing projects and the amount and type of subsidy utilized. 10. A program description of how the Proposer will make attempts to utilize local residents, qualified contractors, and sub-contractors in the development, construction, operation and management of the proposed project. Documentation of this effort will be required for program monitoring. At a minimum, the hiring and training program may include, but is not limited to, the following: a. Advertising the employment positions at a prevailing wage and training; b. Sponsoring (scheduling, advertising, financing, or providing in-kind services for) a job informational meeting; c. Arranging assistance and conducting job interviews; d. Participation from agencies specializing in workforce development and training; e. A signed written statement committing to the use of the described program if selected must accompany the program description. 11.A signed written statement of intent to purchase the Project Site property, if applicable, indicating the proposed purchase price along with a statement of willingness to execute a Purchase and Development Agreement within ninety (90) days of selection (if selected). Any Purchase and Development Agreement ("Agreement") will contain performance based criteria and milestone timelines for items such as, securing debt funding, formal site plan application, commencement of construction, limitations on transferability or assignability of the Agreement without prior approval from the BBCRA, termination provisions for failure to meet the criteria listed and other provisions to adequately define the rights, duties and obligations of the parties. The Agreement may also contain a reverter clause. 12. Authorization to Perform Credit Check for each Proposer entity. The Authorization must be executed by the appropriate officer of Proposer entity. (See Attachments "D" and "E" Authorization forms). 13.Proof of financial capability to complete the proposed project, if selected. Financial capability may be demonstrated by submitting a current (audited, if available) financial statement of the proposing entity which includes a balance sheet, a three-year statement of past income, and a projected one- year income statement for the current fiscal year for the Proposer (and its parent entity if it is a subsidiary). If the Proposer is to be created specifically for the intended project or if the Proposer is less than three years old, then each partner or stockholder must submit its own financial statement as described above. Tax returns may be substituted for financial statements. Information regarding any legal or administrative actions, past or pending, that might impact the capacity of the Proposer (or its principals or affiliates) to complete the project must be disclosed. Disclosure of any bankruptcies by any of the above or related entities during the past ten years must be made with the RFP/RFQ. Financial information should be submitted in a separate, sealed envelope or package and marked `confidential.' Financial information will be accepted only from the Proposer. Page 6 of 12 14.The Proposer must submit a conceptual Marketing Plan which will indicate how the commercial and residential units will be sold or leased, strategies of outreach to the end users and community, proposed recommended sale/lease price ranges that are supported by the financial plan and pro- forma, and the project's proposed absorption rate. 15. An acknowledgement letter attesting that the Proposer has read and understands all procedures of this RFP/RFQ and information form (see Attachment "F"). 16. A promotional PowerPoint presentation of the Proposal, consisting of 10 to 15 slides. 17. A list of all civil and criminal legal actions in which each Proposer entity (and its parent entity if it is a subsidiary) is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition of each case. Proposer(s) may include any additional relevant information. If there are no legal actions to disclose, provide a written statement attesting to this fact. 18. All other requirements contained in this RFP/RFQ, including all attachments that request a response or information from the Proposer. IX. RFP/RFQ SUBMISSION CRITERIA Proposals and developer qualifications (Proposals)must be received by the Boynton Beach Community Redevelopment Agency at 710 N. Federal Highway, Boynton Beach, Florida 33435, no later than 3:00 p.m. (E.S.T.) on August 20, 2018. Faxed and emailed proposals will not be accepted. All proposals will be date and time stamped by the BBCRA. The failure to strictly meet this deadline or any application missing any element of the submission criteria may result in the submittal being rejected and returned at the sole discretion of the BBCRA. Any question regarding whether a submittal has been submitted timely shall be resolved by reference to the time kept at the BBCRA office by the BBCRA's receptionist or other delegated representative for the receipt of the submittals. After the Proposals are received by the CRA, the CRA may make requests to Proposers for clarifications, assurances, or for other details including, but not limited to, financial and disclosure data relating to the Proposal or Proposer(including all affiliates, officers, directors, partners and employees). The BBCRA may reject any and all bids, to waive formalities, to re-advertise, and to accept the Proposal it deems, in its sole discretion and in accordance with all applicable laws, to be in its best interests. X. DISCLOSURE The BBCRA reserves the right to withdraw this RFP/RFQ either before or after receiving Proposals, reject any or all Proposals submitted, accept Proposals which deviate from the RFP/RFQ, and to disqualify any Proposal that does not contain the documentation requested in this RFP/RFQ. The BBCRA may, at its sole discretion elect to waive requirements and/or irregularities either for all responses or for a specific response, which the CRA, in its sole discretion, deems non-material. Any and all decisions by the CRA to modify the schedule described herein, request additional information, reject insufficient or unclear Proposals, reject any and all Proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the BBCRA's sole and absolute discretion. Following submission of a bid, the Proposer agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the Proposer(including the Proposer's affiliates, officers, directors, partners and employees), as requested by the BBCRA. Page 7 of 12 NOTE: Any recipient of this RFP/RFQ who responds hereto fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms hereof. In the event of any differences between this Disclosure and Disclaimer and the balance of the RFP/RFQ, the provisions of this Disclosure and Disclaimer shall govern. Xl. Number of Copies In total, one (1) bound original Proposal document must be submitted with a title page listing the name of the RFP/RFQ and the submitting Proposer along with one (1) unbound but clipped copies of the Proposal and one (1) digital copy of the complete Proposal in PDF format on a labeled CD/DVD or thumb drive. Facsmile or emailed copies of the Proposal will not be accepted. Proposals shall be clearly marked on the outside of the envelope or delivery box container as follows: Request for Proposals and Developer Qualifications for the Commercial and Residential Redevelopment of a 3.5 (+/-) Acre Site Boynton Beach Community Redevelopment Area, Heart of Boynton District, City of Boynton Beach, Florida Issue Date: June 18, 2018 Submittal Deadline: August 20, 2018, no later than 3:00 p.m. XII. RFP/RFQ SUBMISSION EVALUATION & SELECTION PROCESS The BBCRA staff shall review each Proposal and make a determination as to whether each Proposal meets the minimum submission requirements for review by the Evaluation Committee. A Proposer's failure to provide a substantially complete RFP/RFQ response submission may result in the submission not being evaluated. The BBCRA may request clarification of submitted information from any Proposer. The confidentiality of proprietary information from competing Proposers shall be maintained to the extent permitted by law. All response submittals shall be reviewed and evaluated by an Evaluation Committee comprised of the BBCRA Executive Director and Assistant Director, a member of the City of Boynton Beach's Planning and Development staff, and the Economic Development and Strategy Director of the City of Boynton Beach. The Evaluation Committee will provide an evaluation and ranking of the Proposals based upon the following criteria: 20 Points: Experience of the Proposer in completing redevelopment projects comparable to the desired project concept(as required by the RFP/RFQ)within markets similar to the project area. 25 Points: Conceptual Plan: Proposer's adherence to the goals and objectives of the RFP/RFQ and referenced BBCRA planning documents, including project design, project elements, economic impacts, amenities and public benefits. 20 Points: Conceptual Financial Plan: Proposed purchase price, overall financial plan/structure, overall market understanding, and development/operating pro forma. 10 Points Proposed use of BBCRA offered incentives and assistance. Page 8of12 10 Points: Proposer's financial commitment and equity investment, if any. 5 Points: Experience in bringing additional subsidies or funding sources to the project other than from BBCRA. 10 Points: Conceptual Development and Construction Schedule: Ability to proceed immediately from a financial and organizational perspective. 100 POINTS A short list of the three (3) most qualified, top ranking Proposals will be generated according to the evaluation criteria listed within this document. In the event fewer than three (3) firms express interest in a project or fewer than three (3)are deemed qualified by the Evaluation Committee, then the BBCRA Board shall make a determination as to whether to proceed with the lesser number of firms, to re- advertise, to withdraw the RFP/RFQ from consideration, or to make any other decision it deems to be in the BBCRA's best interest regarding this RFP/RFQ. The RFP/RFQ response submittals will be ranked and the top three (3) ranked submittals will be asked to make an oral presentation of their qualifications, project vision, financial plan and project methodology to the BBCRA Board at their regular meeting on September 11, 2018 at 6:30 p.m. After appearing before the BBCRA Board, a duplicate presentation by the same top three (3) ranked submittals will be made to the BBCRA Advisory Board at their regular meeting on October 4, 2018 at 6:30 p.m. The BBCRA Advisory Board will then provide the BBCRA Board with their findings and recommendation on the final ranking order at the BBCRA Board's at their regular meeting on October 9, 2018 at 6:30 p.m. At the conclusion of the public presentations, a Proposer may be selected by the BBCRA Board. However, the BBCRA Board is under no obligation to select a Proposer regardless of their ranking and can opt to terminate the RFP/RFQ process at its sole discretion. The existence of a contractual relationship between a Proposer and the BBCRA is contingent upon successful negotiations between the BBCRA and a selected Proposer. Therefore, upon selection of a successful Proposer, the BBCRA and the successful proposer will then enter into negotiations for a Purchase and Development Agreement that will contain terms substantially similar to those contained in the Proposal and this RFP/RFQ. Any Purchase and Development Agreement must be in a form approved by the BBCRA Board and BBCRA legal counsel. If the BBCRA and the successful Proposer are not able to agree upon a Purchase and Development Agreement satisfactory to both parties within ninety(60)days of the selection of the successful Proposer, either party shall have the right to terminate the negotiations. If the Proposer fails to return an executed copy of an agreed-upon Purchase and Development Agreement within 20 days of receipt of such Agreement from the BBCRA, the BBCRA may terminate negotiations, or withdraw its offer of Agreement. Upon termination of negotiations or withdrawal of offer of Agreement, the BBCRA may move forward as it deems appropriate, which may including entering into negotiations with another Proposer, re-advertising the RFP/RFQ, electing to terminate the RFP/RFQ process, or any other action it deems to be in the best interest of the CRA. It will be necessary for Proposers to comply fully with the general terms and conditions outlined in this document if they are to be considered. The failure to strictly meet the submittal deadline or the failure to include any required element of the submission criteria will result in the submittal being deemed incomplete and may be rejected and returned at the sole discretion of the BBCRA. Any question regarding whether a Proposal has been submitted within the specified time shall be resolved by reference to the time kept at the BBCRA office. Page 9 of 12 XIII. TENTATIVE SCHEDULE OF EVENTS The BBCRA has established the following tentative schedule for proposal submission and selection of the successful Proposer(s). The BBCRA however, reserves the right to amend milestone dates. Issue Date: June 18, 2018 Request for Information Deadline: August 7, 2018, 3:00 p.m., BBCRA Office Submittal Deadline: August 16, 2018, by 3:00 p.m., BBCRA Office Presentation to BBCRA Board*: September 11, 2018 at 6:30 p.m., Intracoastal Park Presentation to the BBCRA Advisory Board*: October 4, 2018 at 6:30 p.m., Intracoastal Park Purchase & Development Agreement October 9, 2018 at 6:30 p.m., Intracoastal to BBCRA Board: Park (*Note: Dates above subject to change— notification of any change will be posted on the CRA's website, catchboynton.corn) XIV. DOCUMENTS AVAILABLE FOR REVIEW The following planning and design site related documents are included in this RFP/RFQ and are available in electronic format which may be retrieved from the BBCRA's website: www.catchboynton.com • Phase I Environmental Report (south side of MLK Jr. Blvd. only) • Project Site Survey (north side of MLK Jr. Blvd. only) • Urban Design Guidelines XV. CONTACTS All correspondence and requests for information regarding the RFP/RFQ should be directed to: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 Phone: (561) 600-9091 Fax: (561) 737-3258 Email: SimonM(c�bbfl.us XVI. ANSWERS TO QUESTIONS Proposers are required to restrict all contact, questions and requests for clarifications regarding this RFP/RFQ to the named individual(s) listed above. All such requests must be submitted in writing via email and may be submitted at any time but no later than 5:00 p.m., on August 7, 2018. All answers to questions, clarifications, and interpretations will be issued in the form of addenda. The Proposer will acknowledge receipt of each addenda by completing the Addenda Acknowledgement Form and including it with the submitted Proposal (see Attachment "G"). Oral explanations, information, and instructions shall not be considered binding on the BBCRA. All Proposers are encouraged to independently verify the accuracy of any information provided. Neither the BBCRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Proposer, or to any assumptions made by Proposer. Written responses to all written questions submitted shall be maintained by the BBCRA in RFP/RFQ file. Page 10 of 12 XVII. LIMITATIONS ON COMMUNICATIONS - CONE OF SILENCE/NO LOBBYING It is expected that there will be no communication with parties other than those specifically noted herein and such communication will be for clarification regarding procedures and objectives specified within the RFP/RFQ document. The BBCRA prohibits communication to or with any BBCRA Board Member, Advisory Board Member, officer, or employee during the submission process except as described in the RFP/RFQ. Communication with any parties for any purposes other than those expressly described herein may cause an individual or firm to be disqualified immediately from participating in the development proposal or selection process. All questions or inquiries should be directed via email to Michael Simon, BBCRA Executive Director at simonm@bbfl.us. For purposes of clarification, a Proposer's representatives shall include, but not be limited to, the proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Proposer. Any violation of this condition may result in rejection and/or disqualification of the Proposer's response. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the RFP/RFQ and shall terminate at the time the BBCRA Board selects a Proposer, rejects all proposals, or otherwise takes action which ends the solicitation process. XVIII. NON-DISCRIMINATION The selected Proposer, its successors and assigns, agree that no person shall, on the ground of race, color, disability, national origin, religion, age, familial status, sex, or sexual orientation, be subjected to discrimination in any way that is associated with the BBCRA, Proposal, or the project. XIX. PROTESTS Any and all decisions by the BBCRA Board to modify the schedule described herein, request additional information, reject insufficient or unclear proposals, formulate an objective point system for review, rate and rank proposals, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the BBCRA's sole discretion and no protests whatsoever shall be considered by the BBCRA Board. Submittal of a Proposal in response to this RFP/RFQ on the part of any all proposers constitutes acceptance of this policy. XX. RIGHT TO WITHDRAW The BBCRA specifically reserves the right to refrain from awarding an Agreement or contract associated with this RFP/RFQ to any persons and to withdraw from the process and/or negotiations at any time at its sole and absolute discretion. The BBCRA reserves the right to enter into a contract with any of the Proposers on the basis of the impact on redevelopment by the proposed project at the BBCRA's sole and absolute discretion and not necessarily to the Proposer offering the highest purchase price or monetary value. The BBCRA expressly reserves the right to obtain economic feasibility studies or third party evaluation with regard to any part of the subject proposals. XXI. PERMITS, TAXES AND LICENSES Proposer shall at its own expense obtain all necessary permits, and licenses, and pay all fees and taxes required to comply with all local state, and federal laws, rules ordinances, and regulations applicable to the business to be carried on under the contract. XXII. PUBLIC RECORDS The BBCRA is public agency subject to Chapter 119, Florida Statutes. The successful Proposer shall comply with Florida's Public Records Law. Specifically, the successful Proposer shall: • Keep and maintain public records that ordinarily and necessarily would be required by the BBCRA in order to perform the service; Page 11of12 • • Provide the public with access to such public records on the same terms and conditions that the BBCRA 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; • 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 • Meet all requirements for retaining public records and transfer to the BBCRA, at no cost, all public records in possession of the Proposer 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 BBCRA in a format that is compatible with the information technology systems of the BBCRA. • IF PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROPOSER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS RFP/RFQ, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435, BovntonBeachCRA(a)bbfl.us. XXIII. PUBLIC ENTITY CRIMES STATEMENT A Person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit Proposals, bids or qualifications(as applicable), in response to a solicitation for said products/services in support of a public entity, and may not submit qualifications, a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact businesses with any public entity in excess of the threshold amount provided in Section 287.017,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list (see ATTACHMENT "H"). XXIV. DRUG FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, preference shall be given to Proposer(s) with drug free work programs. Whenever two (2)or more Proposals,which are equal with respect to price, quality and service, are received by the BBCRA or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to receive such preference, the Proposer shall complete and submit with its Proposal the attached certification, Attachment "I" Drug Free Workplace Certification. "This establishes the end of the main document" Page 12 of 12 `rani ty � a _ Z 4.` m k a '— a nikht c .16AC I . 16 AC 16 AC t .t,� N m 3 '-')!',Z). C 4r ► 414..:1 1 z '" -- --- F Martin Luther King Jr Myst —, --- E Martin Luther King Jr Bivd_ - EMartin Luther King,Jr, V t': I-• 177 4. - . 10"1,440 Akar%14* y u' '7t 14 AC .rw�iw .,�.. . 4 95 AC .t 4 Y Z Ainit vpw s7 w1 1 �' � , 6 t • C u _ ;k a� , J - , , •I s'.'P. CLQ 11v k- ,•ar _ '4 _}I 73 ' Q y 1 27 AC .40 AC11 AC s $` 17 AC 17 AC rik--.. , '''';',/ imillatii -.' 9th Ave '' x 01.. .4. 49 01 ^!. - 4 � t �� NF,.9t e ' .Q _ .Ww> ylly ■ rn.r 4111tu, .'�.'�, 0 _.......... fir_.. -. _ - --..._... _ .._ _ - _..- ... .._ � • w .,- - r• ?N .., tIl "!! ' •l'.1 ' ' ' I' ' ''',M "t " -5 '' 4 . ' 1/4: - ,...4" . 1, 41t, .. 4, • ik.;---- .,,,11 ..,,,- , ..-,...., 4, ,-,,,, ,L. ,,,,,,s,:. 4 - ' '' -__ . NL -i Ny.11 tn.:Akio . •- -,,. ,3,4„" ..t.'- ! ' , - . - , cio& ' ' ' ;I/PIf ' ;.... - Land Use: LRC(Local Retail Commercial) i i." 1 BBCRA Zoning:C2 (Neighborhood Commercial) r.'''''' -' 0-1,-- Land Use:MUL(Mixed use Low)20/DU,45max.bldg.height . '".jkio, ---,. 1..*!-Piat N. ."--4 . iiiik' • Zoning:MU-1 (Mixed Use 1) .. „ _ . _ . - *1 PHOENICIAN SEACREST,CORP. ,. . ' - o ,......,_ „.„ , !., - - 0:1 • . ' 1; - i -, . '' • ,Sq. ; . ,,,,..• r . . , ‘ ‘ , ,-,_ ",_ , ...: •,4 TIL ,.,.., V .;-.' CAROL&WILLIAM YOUNG a) ,_, CO ' . . . ;i.r. ....., ' . • . „..• ...";!e, .. ''.F 'ii -." I- '.. , 7 ' -." it' Li .5 ! '''.111L7*--;/ r' ''''''''I '"'"'44 417"— BRIDE OF CHRIST TABERNACLE,INC. .0e Martin Luther Kin. JrskBlvd - . --- . 1.1 -: --Z,Martin,Luther,Kittg.Jr„Bivi E . , ••, .., -, • , . r. AO t,...L - '2 r I- i ''' , . . '. ,.-' '..'-', 1 1 Larann,LLC .,/,. . '' ' , ' Z 0 , .. I • ' __. .. ., .. 0 c " • - 4. c M A&0 Bell < '- -', Nit/,..7- •-'. fI'• . ,'1. ,. , .1'I J., ' .Fli I- co !..• - 3 • I , Ii,'- ,, i - ' 'I ,, .'" l'..-.-:,_:• , ,„,, .- .., , ,,,,.. „f, .- ..!-• ;;;;."A--t.,!',, .),=, . ,,,i,"._ "."--1,- .-.--4,-4, - - , ti' • .. . ..- • Iiii ea -!!'.-.0.0r. -.!-=`-, -- -----L!"------ - - ---------.--,- -!----=-----.--,- .-.---7--• - - ' ,;.!, ''. ' .4 u) .44 _,,,-„„-„,:_.,. ._,1„,..,,,,,A, P,L —,.. -- - •- -iiiiimikuidimaiiowititaip. • - Ave. ..- !..). r-- — — . .,...:•„. •-•_.,.,..... -E . - Zoning: MU-2 (Mixed Use 2) 40/DU,65'max bu .9th ilding height ''''' IlO15! u4 --- - • -"'"'-' 0. - ,4-,. --- ....:,..... ,.. k i o a . Ai , 7 st . .... f ... L...;-,,-... -4:•,•:;,..,......, -,....!--.. . - . -..•..:---, .„ ,...,.. _, .... - 1:2,257 Property Ownership Map 0 0.015 0.03 000 . Pam aewi conk k, ' I ttite al 1ita 0 0.0275 0.055 4;11 liali'L:i'2,ii-4."--"*4,-,::7;,0„, i'''l Land Use:MUL(Mixed use Low Density)20/DU,45'max.height �£3tAlp �.. �' k f , - .'. Zoning MU-1 .k:a F h. -, a 1 m d. a • ,,, Rt ta „.*r ., ,, • ... , ,i i • d p2 1 , W, , , "Y. Y _ ...00...,1„ , _ . i . L'M itm-Lciihei RCmyJ¢ €iivii�= – E hl;cruii,L' thei hf61 .t ai ii -• . E, ¢ t Ii n V •. ' • '. tirr• ,•, •••. . ,, T. , , , . c i„ 4... 4.., , . t •_•• t._ I,...„..: .t , :, ..ti....,. ,..„. . , Q t6 �:' - gin. -a., �: ; ° , '.t�,�-&{'� N 'q _,_ W� � g ;.-. ; . #-ti 1( a Land Use:GC(General Commercial)45'max height 2 d n'. 7:27-..;,,....7,-; `, m Zoning: C4(Community Commercial) d_ ._ . N i iii-i,e . ' , , v 4,11500,,,o ,, F— JAR SYS JIE r a Y Ir i J4T,,:. KA7. F Q ri f'(�.� .:L�p�ayn._ W .i ¢'F :1 is Fl/ ,� f `Rei- 1:� . ,_: { 1, &;, , A��'1t .� - �r'�t' , 4{ ? b .. eL 51AC 4 te) , Frcposed Location Par `. ; ._. is U; CE e 1 at ' o . - m Center . as ry -�.,.." 1 - -,. ` • ti N .Bth Ave y _ vw r, NE 901 Ave,'- � � 9th' "" n t tJ r p 0—.1v d+.ti ATTACHMENT "B" 2016 CRA REDEVELOPMENT PLAN NOT ATTACHED DUE TO SIZE. CAN BE VIEWED ON THE CRA WEBSITE: CATCHBOYNTON.COM OPEN FOR BUSINESS PLANS AND DOCUMENTS http://catchboynton.com/index.php?option=com k2&view=item&layout=item&id=761&Itemid=586 ATTACHMENT "C" PROPOSER(S) INFORMATION Name: Street Address: Mailing Address (if different): City, State, Zip: Telephone No. : Fax No: Email Address of Contact Person: 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 the organization and management efforts. Age of Organization — In continuous business since: 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: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: ATTACHMENT "D" AUTHORIZATION TO PERFORM CREDIT CHECK For Principal/Owner: (Please use a separate form for each principal/owner) The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the CRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This Proposer hereby waives any and all claims, past present or future, which the Proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Principal/Owner Name: Date of Birth: Current Home Address: Previous Home Address: Email: Phone #: Signature: Date: Print Name: ATTACHMENT "E" AUTHORIZATION TO PERFORM CREDIT CHECK For Business: The Proposer hereby consents to and authorizes the Boynton Beach Community Redevelopment Agency's ("BBCRA") investigation into the credit worthiness of the Proposer. Such consent and authorization is given with respect to any and all persons who may conduct an investigation of the Proposer's credit worthiness on behalf of the BBCRA, including independent contractors and credit agencies retained by the BBCRA for such purpose. Any information provided to the BBCRA is a public record subject to the provisions of Ch. 119 F.S. Proposer grants such consent and authorization to the BBCRA for the period commencing as of the date of this authorization and terminating at the time a Proposal is selected by the BBCRA Board. This Proposer hereby waives any and all claims, past present or future, which the Proposer may have against the BBCRA by reason of any credit investigation made pursuant to Proposer's consent and authorization herein given to the BBCRA. An authorization to Perform Credit Check will need to be completed by each Principal/Owner and by the Business. Business Name (D/B/A if applicable): Current Business Address: Federal Tax ID# State of Incorporation: Phone #: Fax#: Signature: Date: Print Name: Title: ATTACHMENT "F" ACKNOWLEDGMENT LETTER PROPOSER(S) SHALL INCORPORATE THIS ACKNOWLEDGEMENT LETTER IN THEIR SUBMITTAL PACKAGE Re: Boynton Beach Community Redevelopment Agency Commercial and Residential Redevelopment of a 3.5 (+/-) Acre Site within the Boynton Beach Community Redevelopment Area, Heart of Boynton District, Request for Proposal/Request for Qualifications (RFP/RFQ) dated June 18, 2018 To Whom It May Concern: The undersigned has read the Boynton Beach CRA (BBCRA) Request for Proposal/Request for Qualifications (RFP/RFQ) for the Commercial and Residential Redevelopment of a 3.6 (+/-) Acre Site within the Heart of Boynton District area, dated June 18, 2018. On behalf of our proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. We have read, rely upon, acknowledge and accept the BBCRA's disclosure and disclaimer, which is fully incorporated by reference into this letter, and certify that all of the requirements as described in the RFP/RFQ are enclosed. Sincerely, Name of Proposer Print Name and Title Authorized Signature (Must be able to legally bind the Proposer) Date ATTACHMENT "G" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the The Boynton Beach Community Redevelopment Agency Request for Proposals and Developer Qualifications Commercial and Residential Redevelopment of a 3.6 (+/-) Acre Site within the Boynton Beach Community Redevelopment Area, Heart of Boynton District, By entering checking YES or NO in the space provided and indicating date received. No. 1 1 1 Yes 11 No Date No. 2 1 1 Yes n No Date No. 3 Yes I I No Date No. 4 1 I Yes 1 I No Date No. 5 n Yes ❑ No Date RFP/RFQ INFORMATION WAS OBTAINED FROM: BBCRA Website 1 1 Newspaper Ad ❑ City Hall I I Other, please specify: Proposer's Signature Print Name Title Date ATTACHMENT "H" 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 proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids proposals, or replies 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, Florida Statutes, 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 Bidder complies fully with the above requirements. Proposer's Signature Print Name Title Date ATTACHMENT "I" CERTIFICATION OF DRUG FREE WORKPLACE PROGRAM I certify that f who is responding to this RFP/RFQ maintains a drug-free workplace program, and that the following conditions are met: (1)We publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace; and specifying that actions will be taken against employees for violations of such programs. (2) We inform employees about the dangers of drug abuse in the workplace, the company's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) We give each employee engaged in providing the commodities or contractual services included in this RFP a copy of the statement specified in Subsection (1). (4) In the statement specified in Subsection (1), we notify the employee that, as a condition of working in the commodities or contractual services covered under this RFP/RFQ, they will abide by the terms of the statement; and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 893 or any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) We impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is convicted. (6) We make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Authorized Signature: Date Name & Title (typed) t [O N� N' 'k B �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 NEW BUSINESS AGENDAITEM: 14.A. SUBJECT: Consideration of Terms for Lease Agreements with the City of Boynton Beach and the Boynton Beach Congregational United Church of Christ, I nc. for the CRA Owned Property located at 115 N. Federal Highway for Temporary Use as the Public LibraryAnnex SUMMARY: At their March 13,2018 meeting, the CRA Board approved the Purchase and Sale agreement for the properties located at 115 N. Federal Highway and 501 NE 1 st Street owned by the United Congregational Church of Boynton Beach (see Attachment I.A. & I.B.). The CRA took ownership on May 15, 2018. The Purchase and Sale Agreement included a post occupancy addendum with a termination date of on or before December 15, 2018. As the City of Boynton Beach begins to prepare to relocate the operational components of City Hall and the existing Library to make way for construction of the Town Square Project, City and CRA staff have been working together to find alternative locations for these services. To that end, staff has determined that the existing church building at 115 N. Federal Highway would make an excellent option for relocation of the Library services. Because the building was once a commercial bank with an interior layout and size suitable for use by Library. CRA and City staff, along with Mr. Fredrick Birdsall, moderator for the Church have been working together to explore various ways the church may continue to occupy the building while at the same time allow the Boynton Beach library to take over use of the building and property for use as the Boynton Beach Public Library during the period of construction and development of the Town Square Project. It is estimated that the new City Hall/Library building will take approximately 24- 32 months to complete. The City of Boynton Beach would like to propose the following lease terms: • The City will fund and complete the work required in the building to construct a new sanctuary for the Church including removal of the stain glass cross from the wall and constructing a free-standing piece to use in the sanctuary(see Attachment I I.A.). • The City will relocate and renovate the interior area identified for use by the Church. • The City will add a small sink and counter outside the restrooms for a small coffee area for the Church. • The City would occupy the remaining portions of the first and second floors of the building not occupied by the Church (see Attachment I I.B.). • The City will assume all exterior building and property maintenance including the roof. • The church would be responsible for all internal maintenance within their space. • The City will be responsible for the cost of the utilities for the whole building. The City is requesting that the CRA Board provide approval of these conditions which will be incorporated into a formal lease agreement for execution by both parties with the approval of legal counsel. FISCAL IMPACT: Identified funding in the unreserved General Fund balance. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan— Downtown District CRA BOARD OPTIONS: 1. Approve the Purchase and Sale Agreement with the Boynton Beach Congregational United Church of Christ, Inc. in the amount of $3,000,000 for the property located at 115 N. Federal Highway as presented. 2. Do not approve the Purchase and Sale Agreement with the Boynton Beach Congregational United Church of Christ, Inc. in the amount of $3,000,000 for the property located at 115 N. Federal Highway. 3. The CRA Board may consider and approve an alternate price, terms, and conditions. ATTACHMENTS: Description D Attachment I - Location Map D Attachment IB - Purchase & Sale Agreement D Attachment IIA- First Floor Conceptual Layout D Attachment IIB -Second Floor Conceptual Layout 'd ,. uj 'm It t" k , L � � h —� �` >�, p,�I�A�pA��TVA• y t ' ' � s��t�l,:' <\t f5 A4wt'u.�}� fl� .. �+ :x�.f i.,� �� ^�•J - LL t � 3 � v z 1. Go I � � yV i7}la t Y t, s i F Y il+. 'lits l rv. zq ;7,, SJ, rye rLi ar, is v�r � 1 nrt ry; xr� n `.1 hg, - „ � "4 f t s ns is 60 - 0 2 u L "' C fur iJ,: If. �. b , �. ca 0 m EL ad ca 02d u PURCHASE AND SALE AGREEMENT This Purchase and Sale 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, having an address of 710 North Federal Highway, Boynton Beach, FL 33435 (hereinafter "PURCHASER") and Boynton Beach Congregational United Church of Christ, Inc., having an address of 115 N. Federal Highway, Boynton Beach, FL 33435 (hereinafter "SELLER"). 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 Properties located in Palm Beach County, Florida (the "Properties") and more particularly described as follows: Lots 1, 2, 3, 4, 5, 6 and 7, Block 6, ORIGINAL TOWN OF BOYNTON, a subdivision of the City of Boynton Beach, Florida, according to the plat thereof on file in the Office of the Clerk of the Circuit Court, recorded in Plat Book 1, Page 23 excepting therefrom the North 5' of Lots 5 and 7, and the West 5' of Lot 7, and existing right-of-way for U.S. Highway #1; together with buildings and improvements located thereon; and Lots 10, 11 and West% of Lot 12, Block 1, ORIGINAL TOWN OF BOYNTON, a subdivision of the City of Boynton Beach, Florida, according to the plat thereof on file in the Office of the Circuit Court recorded in Plat Book 1, page 23, Public Records of Palm Beach County, Florida. Parcel Control Number: 08-43-45-28-03-006-0010 08-43-45-28-03-001-0100 Property Address: 115 N. Federal Highway, Boynton Beach, FL 33435 and 501 NE 1st Avenue, Boynton Beach, FL 33435 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Property shall be Three Million and 00/100 Dollars ($3,000,000.00), payable in cash, by wire transfer of United States Dollars at the Closing. This contract is contingent on the Property appraising for not less than the Purchase Price. PURCHASER shall, at PURCHAER's expense, cause to have prepared an appraisal of the Property by an MAI appraiser conforming to the requirements of the Uniform Standards of Professional Appraisal Practice. Should the Property appraise for less than the Purchase Price this Agreement shall automatically terminate and PURCHASER's deposit shall be refunded. 00935063-1 Purchase and Sale Agreement Page 2 of 18 3. DEPOSIT. 3.1 Earnest Money Deposit. Within five (5) Business Days after the execution of the Purchase Agreement by both parties, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of Twenty Five Thousand and 00/100 Dollars ($25,000.00) the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The effective date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement, however, not later than five (5) days after the date of CRA Board approval or SELLER shall have the option to terminate this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before May 15, 2018, (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 Special 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 00935063-1 Purchase and Sale Agreement Page 3 of 18 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. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have thirty (30) days from the Effective Date of this Agreement ("Feasibility Period"), at PURCHASER's expense, to make inquiries to determine if the Property is suitable for its intended use 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, valuation appraisals 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 and receive back all deposits hereunder. 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. However, PURCHASER's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services directly authorized by SELLER in writing.. PURCHASER'S AND SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within fifteen (15) 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. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds, only with the preapproval of SELLER. 00935063-1 Purchase and Sale Agreement Page 4 of 18 PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "Title Objections"). If PURCHASER fails to deliver the 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 Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter "Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the 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 as it then is, 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, PURCHASER 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. 7.2. Survey Review. Within twenty( 20 ) days of the Effective Date, PURCHASER, at PURCHASER's expense, shall order 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 7.1 concerning title objections and PURCHASER shall deliver written notice to SELLER no later than fifteen (15) days prior to closing notifying SELLER of any objections PURCHASER has to the Survey. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments in SELLER's possession or control, if any, within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 00935063-1 Purchase and Sale Agreement Page 5 of 18 7.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, in SELLER's possession or control, if any. 7.3.3 SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, or licenses. 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 physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 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. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing subject to terms of the Post Occupancy Agreement attached hereto as 'Exhibit A". 9. CLOSING DOCUMENTS. The PURCHASER, at its sole cost and expense, shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S 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 Special Warranty Deed (the "Deed") conveying to PURCHASER 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. 00935063-1 Purchase and Sale Agreement Page 6 of 18 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 and the existing tenants under the existing leases. 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, the Deposit, 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 PURCHASER shall also execute and deliver at Closing, once prior approval is obtained from the SELLER. 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. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 00935063-1 Purchase and Sale Agreement Page 7 of 18 10.4. Closing Costs. SELLER shall be responsible for all documentary stamps on the deed, recording of the deed. PURCHASER is responsible for acquiring the Owner's Title Policy, all general closing expenses, and their own legal fees. All other costs of closing shall be borne by PURCHASER. 10.5 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 Closing Agent 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. 10.6 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. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, 00935063-1 Purchase and Sale Agreement Page 8 of 18 indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement, and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 00935063-1 Purchase and Sale Agreement Page 9 of 18 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 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. 11.12 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). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated, which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 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. 00935063-1 Purchase and Sale Agreement Page 10 of 18 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, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, 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. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 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 demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, waiving any action for damages. 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 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 shall survive the termination of this Agreement. 00935063-1 Purchase and Sale Agreement Page 11 of 18 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: Frederick W. Birdsall, Moderator 1003 SW 6th Avenue Boynton Beach, FL 33426 If to Purchaser: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 Paul Finke, Chairman of the Board of Trustees 1320 SW 25th Way Boynton Beach, FL 33426 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 shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect, the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER 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 SELLER on its behalf with any broker or finder in connection with this Agreement. PURCHASER shall indemnify, 00935063-1 Purchase and Sale Agreement Page 12 of 18 defend and hold harmless the SELLER 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 PURCHASER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER, to the best of SELLER'S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a 00935063-1 Purchase and Sale Agreement Page 13 of 18 public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court 18. MISCELLANEOUS. 18.1. 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 the 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 of Florida. 18.2. 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. 18.3. 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. 18.4. Construction of Agreement. The Parties to this Agreement 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. 00935063-1 Purchase and Sale Agreement Page 14 of 18 Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. 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. 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 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. 18.8. 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, both parties shall be responsible for their own attorney's fees and costs. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER 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. 18.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 18.11 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'S Property Deed and PURCHASER's possession of the Property. 18.12 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. SIGNATURES ON FOLLOWING PAGE 00935063-1 Purchase and Sale Agreement Page 15 of 18 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY Boynton Beach Congregational United Church REDEVELOPMENT AGENCY of Christ, Inc. Printed Name: Steven B. Grant Printed Name: Frederick W. Birdsall Title: Chair Title: Moderator Date: Date: WITNESS: WITNESS: Printed Name: Printed Name: WITNESS: WITNESS: Printed Name: Printed Name: ESCROW AGENT Lewis, Longman & Walker, P.A. Printed Name: Date: 00935063-1 Purchase and Sale Agreement Page 16 of 18 EXIHIBT "A" POST-CLOSING OCCUPANCY AGREEMENT THIS AGREEMENT is made and entered into as of the _ day of 12018, by and between BOYNTON BEACH CONGREGATIONAL UNITED CHURCH OF CHRIST, INC. ("Seller"), whose address is 115 N. Federal Highway, Boynton Beach, FL 33435 and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("Buyer"), whose address is 710 N. Federal Highway, Boynton Beach, FL 33435. WITNESSETH: WHEREAS, Seller has agreed to sell and Buyer has agreed to purchase the premises described on the attached Exhibit "A" ("Premises"), in accordance with the provisions of that certain Purchase and Sale Agreement between Seller and Buyer, dated 2018, ("Agreement"); and WHEREAS, Seller has requested that Buyer grant Seller permission to remain in possession of the Premises from and after the closing under the Agreement ("Closing"); and WHEREAS, Buyer has agreed to permit Seller to remain in possession of the Premises upon certain terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premises, the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows: Buyer hereby grants Seller permission to remain in possession of the Premises until on or before December 15, 2018, ("Vacate Date"), upon the following terms and conditions: A. For Seller's use and occupancy of the Premises from and after Closing, Seller shall pay to Buyer an amount equal to Ten Dollars ($10.00) a month or any partial month that Seller occupies the premises. B. Seller shall remain responsible for all costs and expenses of and for the Premises from and after Closing until Seller vacates the Premises for water, electric, gas, trash, sewer, telephone, cable television and any and all other utilities serving the Premises. C. Seller shall maintain hazard and general liability insurance coverage in amount acceptable to Buyer, insuring the Premises and naming Buyer as an additional insured. D. Seller shall indemnify, defend and hold Buyer harmless from and against any and all damages and liabilities in connection with, arising from or caused by the use or occupation of the Premises by Seller from and after Closing up until and including the Vacate Date. 00935063-1 Purchase and Sale Agreement Page 17 of 18 E. At Seller's sole cost and expense, Seller shall maintain in good working order, condition and repair the Premises including, but not limited to, the interior and exterior of the residence, all mechanical equipment including air conditioning, and the lawn and landscaping, including pest control, and Seller shall deliver the Premises to Buyer in the same condition as the Premises are in as of Closing, ordinary wear and tear excepted. The Parties agree that total maintenance expenses paid by Selling during the Occupancy Period shall not exceed Twenty Thousand Dollars ($20,000.00). F. Should Seller fail to vacate the Premises by the Vacate Date, Buyer may institute summary proceedings under Chapter 83, Florida Statutes, as if Buyer were a landlord and Seller a tenant in possession of Buyer's dwelling unit or such other appropriate proceedings at law or in equity, as Buyer may elect, against Seller to recover possession of the Premises, without waiving or releasing any other claims, rights or remedies Buyer may have against Seller. G. If Seller fails to vacate the Premises by the Vacate Date, Buyer shall be entitled to, and Seller shall pay to Buyer, liquidated and agreed upon damages in the amount of Fifty Dollars ($50.00) per day for each and every day (including any portion thereof) that Seller remains in possession of the Premises on and after the Vacate Date. This provision for liquidated and agreed upon damages is a bona fide provision and is not a penalty, the parties agreeing that by reason of Seller's failure to vacate the Premises by the Vacate Date, Buyer's plans for moving and other business arrangements will be adversely affected, and Buyer will have sustained damages thereby, but will not be capable of determination with precision and, therefore, this provision for liquidated and agreed upon damages has been incorporated into this Agreement as a provision beneficial to both parties. H. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives, executors, administrators, successors and assigns. Seller shall not assign, transfer or delegate any of Seller's rights or obligations under this Agreement. I. This Agreement constitutes the entire understanding among the parties, and shall not be modified except in a writing signed by all the parties. This Agreement shall supersede all prior understandings among the parties with respect to the subject matter of this Agreement. J. If any provision of this Agreement is determined to be legally invalid, inoperative or unenforceable, only that particular provision shall be affected and such determination shall have no effect whatsoever on any other provision of this Agreement, and all other provisions of this Agreement shall remain in full force and effect and shall be fully enforceable. K. No delay or failure to exercise any remedy or right occurring upon any 00935063-1 Purchase and Sale Agreement Page 18 of 18 default shall be construed as a waiver of such remedy or right, or acquiescence in such default, nor shall it affect any subsequent default of the same or a different nature. L. In any litigation arising out of or in connection with this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including, but not limited to, such fees and costs in bankruptcy and through and including all post-judgment and appellate proceedings. M. The parties agree that each shall, at any time, and from time to time, upon written request from the other, execute, acknowledge and deliver any and all such further documents and instruments, and shall do such acts, as may be reasonably requested by such party in order to fully effectuate the purposes and provisions of this Agreement and the consummation of the transactions contemplated by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY Boynton Beach Congregational United Church REDEVELOPMENT AGENCY of Christ, Inc. Printed Name: Steven B. Grant Printed Name: Frederick W. Birdsall Title: Chair Title: Moderator Date: Date: WITNESS: WITNESS: Printed Name: Printed Name: WITNESS: WITNESS: Printed Name: Printed Name: 00935063-1 �,LJI 4UD LV Itirii f - , 0 _71 E: CAN ca —_01— :01 VVE=..0 It I cm 4,01 t I PEI i lid 'A LL .............. —---------- fl it fillil Till ILL IT I au ss� Vno 669s-zee/saE aev�e moiao-tJ 'HOH38 wT7d Aemy614 1029POI aou nvan V4'Vd IV as❑tE yl SCC yoanyo leuoiliaBe wo yoeeq uoluAoq •aero'sio33.iH3bV Ai-um4�R aVMHOa aye o} uoI&enauaa o X pp r Z y 1 4 I 2 O , I n t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 NEW BUSINESS AGENDAITEM: 14.13. SUBJECT: Consideration of Roof Replacement Contract with Advanced Roofing, Inc. for the Historic Woman's Club of Boynton Beach SUMMARY: On November 14, 2017, CRA staff presented a critical repair schedule for the Historic Woman's Club of Boynton Beach (HWCBB). One of those items was the roof replacement for the building. In September 6, 2017, a visual roof inspection was performed by DRC with an estimated replacement cost of $223,728 (see Attachment 11). It was anticipated at that time that the roof replacement would be done in Spring of 2018 as work needed to be coordinated with the already scheduled events through an Invitation to Bid (ITB) process. On November 9, 2018, CRA staff applied for the 2018 Blighted and Distressed Property Clean- Up and Beautification Grant from the Solid Waste Authority (SWA). Of the $73,550.70 awarded, $50,000 was allocated for the HWCBB roof replacement. The SWA ILA was fully executed on April 10, 2018. Staff recently observed evidence of roof leaks as a result of the recent heavy rain events and deteriorating roof conditions. Since time is of the essence, CRA staff has researched various options for the roof replacement including and concluded that the piggybacking process is the most effective and expeditious way to complete the work in accordance with the CRA's Procurement Policy (see Attachments III-V). Attached is a draft contract with Advanced Roofing, Inc. prepared by the CRA staff and legal counsel in accordance with Section 189.053, Florida Statutes and Section Vll.b of the CRA Procurement Policy (Attachment VI). Established in 1983, Advanced Roofing Inc. is a full- service commercial roofing contractor s pecializing in roof replacements, repairs, and maintenance services for occupied buildings in Florida and the Caribbean. They currently have a City-wide roofing repair and replacement contract with the City of Fort Lauderdale and have committed to providing the CRA with the same unit pricing for the HWCBB roof replacement. Completed project portfolio include commercial and government buildings, residential high-rises, hotels, schools, and healthcare facilities. Recent completed projects include the Kravis Center roof repairs and partial replacement during the 2004 and 2005 hurricane seasons with no water intrusion into the theater and minimal impact on internal operations or show schedules. More information may be obtained online at www.advancedroofing.com. The specific terms of the contract requires Advanced Roofing, Inc. to provide materials, labor, equipment, permitting costs, structural inspections and design costs, Performance and Payment Bonds cost, liquidated damages for delays after substantial completion and final completion, and a contingency for unanticipated repairs during construction. Additional contractor's responsibilities, bonds and insurance requirements, warranties, changes in work and payment procedures, required forms, definitions, specifications, preliminary schedule, and project cost breakdown with unit pricing are incorporated into the contract documents as Exhibits A-F. The anticipated construction time is 90 days from the issuance of the Notice to Proceed to Final Completion, with provisions for excusable delays for conditions beyond the contractor's control. The total not-to-exceed cost for the roof replacement is $320,000, which includes the cost proposal ($284,934), a contingent fee for unanticipated costs, the cost of the Performance and Payment Bonds, and an allowance for structural inspections and design costs. Since time is of the essence, staff is requesting authorization for the Chair to execute the agreement upon final review by legal counsel so that the Notice to Proceed can be issued by July 1, 2018 A coordination meeting will be conducted subsequent to contract execution and delivery of required contract documents. Periodic weekly meetings will also be scheduled as needed to ensure effective communication and prompt resolution of issues that may arise during construction. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Line item 02-58200-404, Woman's Club Capital Improvements and Renovations, $250,000 FY 2017-2018 Budget, Project Fund, Line item 02-58200-401, Property Purchases, $70,000 CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan: Historic Properties and Federal Highway District, 2010 Downtown Vision and Master Plan CRA BOARD OPTIONS: 1. Approve the Roof Replacement Contract with Advanced Roofing, Inc. for the Historic Woman's Club of Boynton Beach in the amount not to exceed $320,000 and authorize the Chair to execute the contract upon final review by legal counsel. 2. Do not approve the Roof Replacement Contract with Advanced Roofing, Inc. for the Historic Woman's Club of Boynton Beach in the amount not to exceed $320,000. 3. Approve modifications to the Roof Replacement Contract with Advanced Roofing, I nc. for the Historic Woman's Club of Boynton Beach. ATTACHMENTS: Description D Attachment I - Location Map D Attachment II - DRC Visual Roof Inspection D Attachment III - Excerpt from CRA Procurement Policy -Alternative Procurement Procedure (Piggibacking) D Attachment IV -City of Fort Lauderdale Roofing Repair and Preplacement ITB Package D Attachment V -Advanced Roofing, Inc. F L L Contract D Attachment VI - Draft Roof Replacement Contract with Advanced Roofing, Inc. for the HWCBB r r t a} ih - i W, - � �ii It\�s t(�}t\t�� 1 _ � k �,,a•, �a�ki�-tF w � s man � gt� tr,rt tt t�'.1 1t -- � l 11� - tly�ji4, , r E r i1 q tUt\ss r t \ { sia~ �kh�{ iS2{i +rs tr i, r s x tSs its \tC +rt1\�11 \ l}}�1t\ rti<n ,tzr+ i s,t t1 tt-S }lei Y rl t�t ti is 1.�S�z•4 � }� �„i) �t+A11iF;14s1t t hS��i�{III{{ } r ! t Sita Y� t yr. - r r It,, m C.7 rzi � C7 + WAT Rom fl tit rd CL z C6 t'7 C3 —� m Visual Roof Condition SURVEY Boynton Beach Women's Club 1010 South Federal Highway Boynton Beach, FL 33431 i r , M c) 11 , Prepared by: Shannon Duon DRC Project No. 17-2127.00 DRC Roof Consulting,LLC Date: September 6, 2017 4875 Park Ridge Blvd., #108 Boynton Beach,Florida 33426 561.734.3818 DUMON .Ol, Florida's Leading Roof Consulting Source K% DUHON'S ROOF • Florida's Leading Roof Consulting Source Specification&Design-Visual Condition Surveys•Roof Asset Management Programs•Quality Assurance Inspections•Plan Review&Code Compliance October 4t" 2017 DRC Project# 17-2127.00 Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, Florida 33435 Attn: Theresa Utterback Reference: Visual Roof Condition Survey Boynton Beach Women's Club Building 1010 South Federal Highway Boynton Beach, Florida 33431 Dear Ms. Utterback- Representatives of Duhon's Roof Consulting, LLC (DRC) visited the above referenced project site on Wednesday, September 6t", 2017. The purpose of the visit was to perform a Visual Roof Condition Survey. The following report details the current roof condition including all observed deficiencies with recommendations. DRC appreciates this opportunity to be of service to you. Please feel free to contact our office with any questions you may have. Respectfully Submitted, Duhon's Roof Consulting, LLC. Shannon Duhon, RRO President/Senior Roof Consultant 4875 Park Ridge Blvd.Suite #108 • Boynton Beach,Florida 33426 • (561) 734-3818 (Phone) • sduhonedrcroofconsulting.com SERVING FLORIDA AND BEYOND Roof System The tile roof consists of a handmade Columbian Katio Clay barrel tile secured to the underlayment with a foam adhesive and mortar. The underlayment consists of a granulated membrane installed over a mechanically attached base sheet installed over a wood deck. The flat roofs on the South and West balconies consists of what appears to be a roof coating installed over the concrete decks. The East balcony flat roof materials consists of a granulate built up roof(BUR)installed over a concrete deck. Drainage The drainage on the tile roof consists of a 5"x4"gutter along the South, East and West sides of the building that drain on grade through four (4) 4"x3" downspouts. Two (2) downspouts along the West side discharge into internal pipes. Drainage on the Balcony roof on the South side drain into a 5"x4" gutter and discharges on grade though two (2)4"x3" downspouts. The East and West balconies slope to the East and West of the building and discharge at the perimeter edge on grade(no gutters). Membrane Base Flashing The roof consists of a copper flashing sealed along the edges with roofing cement and membrane. Some areas were observed to be open along the top edge. The East balcony consists of a granulated membrane flashing run underneath a metal counter flashing. Field Membrane The tile roof membrane consists of a hot asphalt mop applied granulated membrane underlayment. The granulated membrane underlayment was applied in a mopping of hot asphalt to a mechanically attached base sheet that was installed over wood deck. The granulated membrane underlayment and the Base Sheet membrane appear to be in fair to poor condition at this time. The field membrane on the East balcony consists of granulated built up roof(BUR) system fully adhered over a concrete deck. The field membrane on the East balcony is in poor condition with multiple open laps and air Iblosters observed. Metal Flashings The metal flashing on the tile roof consists of a copper metal flashing. The copper flashing was sealed along the edges with roofing cement and membrane. Some areas were observed to be open along the top edge of the metal copper flashing. A metal drip edge and galvanized metal gutter run along the perimeters, (galvanized metal splashguard along the East gutter). The metal flashing on the East balcony consists of a painted metal galvanized counter-flashing. Equipment See drawing Current Leaks Signs of leaks were observed along the North side of the building. Water stains were observed on the ceiling tile inside. Leak History Due to the number of deficiencies and age of the existing roof systems on this building and the observations of interior roof leak evidence occurring, it is the opinion of DRC that this roof has had a history of past and ongoing roof leaks i 1.Cracked/broken tiles 2. Loose/unsecured tiles 3. Loose ridge cap 4.Open edge of copper flashing 5. Unsealed hole in copper drip edge 6. Damaged/backed out gutter nails 7. Damaged/loose gutter splashguard 8. Ponding water in gutter 9. Damaged gutter 10. Repaired stucco at base of chimney 11. Holes in mortar along rake tiles 12. Repaired stucco at wall 13.Cracks in stucco wall 14. Hole in corner of sloped roof to wall flashing 15. Deteriorated sealant at deck to wall seam 16. Deteriorated seam at concrete deck 17. Unsealed screw on balcony deck 18.Air blister in coating 19.Open lap in membrane at East balcony 20.Granule loss in membrane 21.Air blister in membrane 22. Damaged membrane 23. Deteriorated mortar around roof penetrations 1. Remove and replace the existing Clay Tile roof system down to the existing wood decking and replace with a new Ludowici clay tile roof system as soon as possible. 2. Remove and replace the existing granulated built up roof system on the East Balcony, replacing with an approved and warranty new roof paver system as soon as possible. 3. Remove existing roof coating installed on the South and West Flat roofs replacing with an approved and and warranted roof paver system as well. 4. Remove and replace the existing guard rail on the East Balcony as well as the South and West Flat roofs. 5. Remove and replace the existing Gutter system at all locations and install additional where necessary. 1. DRC recommends that all items listed under Items Requiring Immediate Attention above be performed as soon as possible. 2. DRC recommends that a comprehensive Re-Roofing Specification be compiled in order that the Specification can be sent out to various Roofing Contractors to obtain competitive bids for re-roofing this location. It is the opinion of DRC that the existing hand-made Columbian barrel tile roof system located on this building,along with all underlayments and metal flashings, has reached the end of its expected life performance and should be removed and replaced as soon as possible to prevent further water damage to the interior of this building. It is also the opinion of DRC that the existing granulated built up roof(BUR) system, along with all related base flashing membrane and metal flashing, located on the East balcony roof has also reach the end of its life expectancy and should all be removed and replaced as soon as possible. Please see DRC recommendations for this roof section listed above under Items Requiring Immediate Attention. It is also the opinion of DRC that the flat roofs located on the South and West sides of this building where a roof coating is now applied, be completely removed to the concrete deck and replaced as soon as possible. Please see DRC recommendations for these roof sections listed above under Items Requiring Immediate Attention. 72017THeRoof Replacement $187,208.00 2017 East Balcony Roof Complete Replacement with approved Paver system $22,320.00 2017 South and West Flat Roofs Complete Replacement with approved Paver system $14,200.00 Duhon's Roof Consulting,LLC 4875 Park Ridge Blvd.,#108 Boynton,Beach,FL 33426 561-734-3818 VISUAL SURVEY REPORT PHOTO LOG 1—Cracked/broken tiles 2—Loose/unsecured tiles Millis 1 , i4 u J afifii i'•� t tUUi�t��xx,;vv((,,y��y 3—Loose ridge cap 4—Open edge of copper flashing � I (I a's�,t ' { rtr r5—Unsealed hole in copper drip edge 6- Damaged/backed out gutter nails 11 Boynton Woman' s Club Building / September 6, 2 0 1 7 Duhon's Roof Consulting,LLC 4875 Park Ridge Blvd.,#108 Boynton,Beach,FL 33426 561-734-3818 VISUAL SURVEY REPORT PHOTO LOG �1 s , t rtr , { 4 U 7—Damaged/loose gutter splash guard 8—Ponding water in gutter � z 9—Damaged gutter 10—Repaired stucco at base of chimney f r 11—Holes in mortar along rake tiles 12—Repaired stucco at wall 21 Boynton Woman' s Club Building / September 6, 2 0 1 7 Duhon's Roof Consulting,LLC 4875 Park Ridge Blvd.,#108 Boynton,Beach,FL 33426 561-734-3818 VISUAL SURVEY REPORT PHOTO LOG r E 3f' 13—Cracks in stucco wall 14—Hole in corner of sloped roof to wall flashing �- titj{4iYt SS1 $ YYa r � t - ;r 15—Deteriorated sealant at deck to wall seam 16—Deteriorated seam at concrete deck - t - � 17—Unsealed screw on balcony deck 18—Air blister in coating 31 Boynton Woman' s Club Building / September 6, 2 0 1 7 Duhon's Roof Consulting,LLC 4875 Park Ridge Blvd.,#108 Boynton,Beach,FL 33426 561-734-3818 VISUAL SURVEY REPORT PHOTO LOG 1 t vv t n 19—Open lap in membrane at East balcony 20—Granule loss in membrane r a, 21—Air blister in membrane 22—Damaged membrane IgIIII ,tier i f\ `�1't4��;�.,`S, � 4 .1 � `� '•w� -. .... �."ra \, 23—Deteriorated mortar around roof penetrations 24—Tilemaker's mark 41 Boynton Woman' s Club Building / September 6, 2 0 1 7 Duhon's Roof Consulting,LLC 4875 Park Ridge Blvd.,#108 Boynton,Beach,FL 33426 561-734-3818 VISUAL SURVEY REPORT PHOTO LOG ,�tnR�S4�tt�y�E�11�U�� 'T�t�tss}tt flt�7 E iststSttE { P ...j ✓ Lh flk, t E l � t � { - 8 25-Overview 26-Overview s � `b t t� r 27-Overview 28-Overview x is i� t5I 2 k p u A 11 E E 29-Overview 30-Overview 51 Boynton Woman' s Club Building / September 6, 2 0 1 7 U m d T > tt N O > N 0 .0 3 C z U O O c p� v } r o F- 0 o N v U 0 N N O m K H a o - e 0000 000- � © O 000 O O 9-6 a O m m O WW O O O ll� oa> aitolnwitsvmmwitsvmmwitsvmmwitsvmmwitsvmmw Y ®- >tDl' ©.frz .. �` ®�®�Lg': ® O_O -(',_^O® ❑ Ln vN1 ,ct l, L/O ®�V S•'Y1M1l\ Ln N l cn N T a o II II I C O p m CO v CO cm O m o a m a N a c a - O a c � o p 't 00 N N h O .<L) y U = _ U o 0 N c n - U U soa c O m v p a x(7 ° n U � CD .F O 0- m m(n ,5 ❑ II II II o O 00 03 w C� w o u m d CRA may negotiate on the best terms and conditions. If this occurs, the CRA will document the reasons that negotiating is in the best interest of the CRA rather than re-soliciting. g. Bonds: Unless specifically exempted by the CRA in writing, all successful bidders and proposers shall be required to furnish a legally sufficient payment and performance surety bond as security for their faithful performance of the Project and for payment of all labor and materials provided in connection with the Project. The bond must be equal in amount to the cost of the Project, inclusive of any changes to the project from the original bid, and must be delivered to the CRA simultaneous with the executed contract. This bidder or proposer is responsible for recording a copy of the bond in the public records of Palm Beach County. If an attorney-in-fact signs the bond, the attorney-in-fact must file a certificate an effective power of attorney with the bond. h. Insurance: All successful bidders and proposers shall be required to obtain, at their own expense, all insurance required by the CRA. The CRA will specify the insurance required in the solicitation document or resulting contract. The insurance required must cover all claims resulting from damage to property, personal injury, or death caused by the vendor's actions, omissions, equipment, personnel, and negligence. VII. Alternative Procedures a. Cooperative Procurement. Unless otherwise prohibited by law or grant agreement terms, the Purchasing Principal is authorized to negotiate with other public procurement officials for the conduct of joint procurement on behalf of each participating agency where, in the judgment of the Purchasing Principal, doing so would leverage the benefits of volume purchases, create clear delivery and/or supply chain advantages, and/or create a demonstrable or substantial reduction of administrative time and expense. b. Piggybacking. In accordance with §189.053, Florida Statutes, as may be amended from time to time, the CRA may purchase commodities and contractual services and may procure contracts from the purchasing agreements of other special districts, municipalities, or counties which have been procured pursuant to competitive bid, requests for proposals, requests for qualifications, competitive selection, or competitive negotations, and which are otherwise in compliance with the general law so long as: i. The i)rocurement is not for Professional Servicesinan amount that would subiect the contract to the requirements of the CCNA ii. The piggybacking is not otherwise prohibited by law; ill. The purchasing agreement from the other entity was procured by a process that would have met the procurement requirements of the CRA; ON02446-1 12 iv. The vendor(s) agree(s)to the "piggybacking" arrangement in writing; v. The procured commodities or services do not substantially differ in specification, quality or price from the terms of the original agreement. • The "piggybacked" contract must be consistent with its solicitation and contract parameters and restrictions. Additionally, in accordance with § 287.056, Florida Statutes, the CRA may, as an eligible user, purchase commodities and contractual services from purchasing agreements established and state term contracts procured,pursuant to § 287.057,by the Department of Management Services. Each contract made under this section shall include: i. A provision specifying a scope of work that clearly establishes all tasks that the contractor is required to perform. ii. A provision dividing the contract into quantifiable, measurable, and verifiable units of deliverables that must be received and accepted in writing by the contract manager before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. c. Other Forms of Procurement. The CRA may utilize any other forms of procurement or any other forms of contracts allowed by Florida Law that are not otherwise provided for in this Procurement Policy. Nothing in this Procurement Policy shall be construed to limit the CRA's use of other forms of procurement or contracts that are not provided for herein, so long as such procurement of contracting is legally is sufficient and permitted. VIII. Donations Unless otherwise provided by law, nothing in this Procurement Policy shall be construed to prevent the CRA from accepting donations, gifts, or grants of construction, goods, professional services, or services directly to the CRA where, in the judgment and discretion of the Executive Director of the CRA, there are not improper conditions or restraints imposed or suggested in connection with any such donation, gift, or grant. IX. Waiver Notwithstanding any other provision in this Procurement Policy, and to the extent allowed by law, when examining the responses to competitive solicitations, the CRA retains the rights to: (1) waive any formalities, minor technical inconsistencies, or conditions; (2) delete any item or requirement from such bidding request; and (3) accept or reject all bids. The CRA retains these rights whether or not such waiver or deletion is requested by any party, so long as such waiver, deletion, or rejection is deemed to be in the CRA's best interest. X. Conflict CITY OF FORT LAUDERDALE CONTRACT AND SPECIFICATIONS PACKAGE BID # 243-11292 PROJECT NO. 11926 AN NUAL ROOFING REPAIR AND REPLACEMENT CITY -WIDE ,SORT c4 4D r Public Works Department 100 North Andrews Avenue Fort Lauderdale, Florida 33301 IRINA TOKAR, RA, LEED AP SENIOR JAMES HEMPHILL SENIOR PROCUREMENT SPECIALIST Telephone: (954) 828-5143; E-mail: jhem phi I1@fortlau er ale.gov TABLE OF CONTENTS DESCRIPTION Page I. BID INFORMATION Invitationto Bid .............................................................................................................ITB-1 Instruction to Bidders ........................................................................................IB-1 thru IB-5 Insurance.....................................................................................................INS-1 thru INS-3 II. PROPOSAL PAGES Proposal..............................................................................................................P-1 thru P-3 Questionnaire Sheet ...........................................................................................P-4 thru P-5 III. CONTRACTOR IDENTIFICATION Local Business Preference ........................................................................LBP-1 thru LBP-2 Minority Business Enterprise....................................................................MBE-1 thru MBE-2 Non-Collusion Statement ............................................................................................NCS-1 IV. CONSTRUCTION AGREEMENT(SAMPLE)................................................... C-1 thru C-36 V. GENERAL CONDITIONS.............................................................................GC-1 thru GC-9 VI. SPECIFICATIONS DIVISION 01 GENERAL SPECIFICATIONS 011000 Summary of Work .................................................................... 3 012200 Unit Prices................................................................................ 1 012600 Contract Modification Procedures............................................. 3 012900 Payment Procedures................................................................ 4 013100 Project Management & Coordination........................................ 6 013200 Construction Progress Documentation ..................................... 4 013300 Submittal Procedures ............................................................... 6 015000 Temporary Facilities & Utilities ................................................. 3 016000 Product Requirements.............................................................. 5 017700 Closeout Procedures & Submittals ........................................... 4 DIVISION 02 EXISTING CONDITIONS 024119 Selective Demolition................................................................. 4 028200 Asbestos Remediation.............................................................. 3 TOC-1 DIVISION 07 THERMAL & MOISTURE PROTECTION 073113 Asphalt Shingles....................................................................... 5 073213 Clay Roof Tiles......................................................................... 6 073216 Concrete Roof Tiles.................................................................. 5 075116 Built-Up Coal Tar Roofing......................................................... 7 075200 Modified Bituminous Roofing.................................................... 13 075323 EPDM - Ethylene-Propylene-Diene-Monomer Roofing ............. 5 075400 TPO -Thermoplastic Membrane Roofing .................................. 6 076100 Sheet Metal Roofing................................................................. 9 DRAWING DETAIL SHEETS— LOW SLOPE ROOFS R-1 Roof Edge Detail without Fascia R-2 Roof Edge Detail with Fascia R-3 Roof Edge Detail at Overhang R-4 Insulation to Roof Deck Detail R-5 Flashing Detail at Wall or Column R-6 Gutter Detail at Roof Overhang R-7 Parapet Detail with Metal Coping R-8 Parapet Detail at Expansion Joint R-9 Roof Expansion Joint Detail R-10 Roof Hatch Detail R-11 Exhaust Fan or Roof Vent Detail R-12 Roof Curb at Package A/C Detail R-13 Roof Opening Enclosure Detail R-14 Roof Deck Opening Cover Detail R-15 Roof Equipment Stand Detail R-16 Pipe or Duct Pedestal Detail R-17 Plumbing Roof Vent Detail R-18 Connected Roof Penetration Detail R-19 Disconnected Roof Penetration Detail R-20 Roof Drain Detail R-21 Roof Scupper Detail R-22 Roof Edge Detail without Fascia (EPDM or TPO) R-23 Roof Edge Detail with Fascia (EPDM or TPO) R-24 Roof Edge Detail at Overhang (EPDM or TPO) R-25 Insulation to Roof Deck Detail (EPDM or TPO) R-26 Flashing Detail at Wall or Column (EPDM or TPO) R-27 Mechanical Termination Detail (EPDM or TPO) R-28 Parapet Detail with Metal Coping (EPDM or TPO) R-29 Parapet Detail at Expansion Joint (EPDM or TPO) R-30 Roof Expansion Joint Detail (EPDM or TPO) R-31 Roof Hatch Detail (EPDM or TPO) R-32 Exhaust Fan or Roof Vent Detail (EPDM or TPO) R-33 Roof Membrane Splice Detail (EPDM or TPO) R-34 Roof Opening Enclosure Detail (EPDM or TPO) R-35 Typical Roof Deck Opening Cover Detail (EPDM or TPO) R-36 Roof Equipment Stand Detail (EPDM or TPO) R-37 Pipe or Duct Mounting Roof Pedestal Detail (EPDM or TPO) R-38 Plumbing Roof Vent Detail (EPDM or TPO) R-39 Roof Penetration Detail (EPDM or TPO) R-40 TPO Sealant Pocket Detail (EPDM or TPO) TOC-2 R-41 Roof Drain Detail (EPDM or TPO) R-42 Roof Scupper Detail (EPDM or TPO) DRAWING DETAIL SHEETS— STEEP SLOPE ROOFS S-1 Standing Seam Metal Roof—Wood Fascia Detail S-2 Standing Seam Metal Roof— Edge Detail S-3 Standing Seam Metal Roof— Ridge Detail S-4 Standing Seam Metal Roof—Seam Detail S-5 Concrete Roof Tile — Ridge Detail S-6 Concrete Roof Tile — Edge Detail S-7 Asphalt/Shingle Roof— Edge Detail S-8 Asphalt/Shingle Roof— Ridge Detail S-9 Asphalt/Shingle Roof—Vent Detail S-10 Asphalt/Shingle Roof— Plumbing Roof Vent Detail TOC-3 INVITATION TO BID Sealed bids will be received until 2:00 P.M. on WEDNESDAY, DECEMBER 18, 2013, in the Public Works Department, City Hall, 100 North Andrews Avenue, 4th Floor, City of Fort Lauderdale, Florida and opened immediately thereafter in the Conference Room, for Bid No. 243-11292, PROJECT NO. 11926 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE. This project consists of the project booklet and Detailed Drawings Sections. The work includes repairs to City owned buildings associated with roofing, re-roofing and roof repair components for various locations within the City of Fort Lauderdale All items are based on a complete systems i.e. 4-ply SBS modified bitumen system (granular cap sheet). All installations shall meet all State of Florida requirements and Miami-Dade Notice of Acceptance (NOA) for high velocity. Please also refer to the typical Detail Drawings sections of this package. Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. Small repair jobs from 0 to 500 square feet (S.F.), medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S.F. All proposal line items shall include maintenance, insurance, overhead, and other fixed costs. All Bidders shall have a State of Florida Roofing and General Contractor's licenses. Contractor to be Lightning Protection Certified and maintain an in-house Safety Officer. Bidding blanks may be obtained free of charge at BIDSYNC.COM or hard copies may be picked up at the Public Works Department. Plans and specifications are on file in the Public Works Department, City of Fort Lauderdale at 100 North Andrews Avenue, 4th floor, (Monday thru Friday 8:00 am to 4:30 pm) at a NON-REFUNDABLE cost of $25.00 (including sales tax per set). Only cash or cashier's check made payable to the City of Fort Lauderdale are accepted. Plans and specifications are also available on a CD diskette at a NON-REFUNDABLE cost of$5.00 (including sales tax per CD). It will be the sole responsibility of the bidder to clearly mark the bid as such, and ensure that his bid reaches the City prior to the bid opening date and time listed. A certified check, cashier's check, bank officer's check or bid bond for TEN percent (10%) of the amount bid, made payable to the City of Fort Lauderdale, Florida, shall accompany each proposal. The City of Fort Lauderdale reserves the right to waive any informality in any or all and to reject any or all bids. For information concerning technical specifications please utilize the question/answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the solicitation. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Contractors please note: No part of your bid can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Contractor has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. Information on bid results and projects currently out to bid can be obtained on the City's website — www.fortlauderdale.gov/engineering/bids.htm. For general inquiries - please call (954) 828-5143. Jonda K. Joseph City Clerk ITB-1 INSTRUCTIONS TO BIDDERS The following instructions are given for the purpose of guiding bidders in properly preparing their bids or proposals. These directions have equal force and weight with the specifications and strict compliance is required with all of these provisions. QUALIFICATIONS OF BIDDERS — No proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to the CITY OF FORT LAUDERDALE, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or unreliable by the City Commission of Fort Lauderdale. PERSONAL INVESTIGATION - Bidders shall satisfy themselves by personal investigation, and by such other means as they may think necessary or desirable, as to the conditions affecting the proposed work and the cost. No information derived from maps, plans, specifications, or from the Engineer, City Manager, or their assistants shall relieve the Contractor from any risk or from fulfilling all terms of the contract. INCONSISTENCIES — Any seeming inconsistency between different provisions of the plans, specifications, proposal or contract, or any point requiring explanation must be inquired into by the bidder, in writing, at least ten (10) days prior to the time set for opening proposals. After proposals are opened, the bidders shall abide by the decision of the Engineer as to such interpretation. ADDENDA AND INTERPRETATIONS - No interpretations of the meaning of the plans, specifications or other contract documents will be made orally to any bidder. Prospective bidders must request such interpretation in writing as instructed in the bid package. To be considered, such request must be received by the Questions and Answers deadline as indicated in BIDSYNC.COM. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. It is the bidder's responsibility to verify if addendums have been issued in BIDSYNC.COM. Failure of any bidder to receive any such addenda or interpretation shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall become a part of the contract document. Bidder shall verify in BIDSYNC.COM that he has all addenda before submitting a bid. LEGAL CONDITIONS - Bidders are notified to familiarize themselves with the provisions of the laws of the State of Florida relating to hours of labor on municipal work, and with the provisions of the laws of the State of Florida and the Charter and the ordinances of the City of Fort Lauderdale. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. FORMS OF PROPOSALS - Each proposal and its accompanying statements must be made on the blanks provided. THE FORMS MUST BE SUBMITTED IN GOOD ORDER AND WITH ALL BLANKS COMPLETED. The forms must be enclosed in a sealed envelope when submitted to the Public Works Department, City Hall, 4th Floor, 100 North Andrews Avenue, Fort Lauderdale, Florida 33301 and must show the name of the bidder and a statement as to its contents. Rev. 5/10/2013 IB-1 INSTRUCTIONS TO BIDDERS (continued) FORMS OF PROPOSALS (CONTINUED) - The proposal must be signed by one duly authorized to do so, and in case signed by a deputy or subordinate, the principal's properly written authority to such deputy or subordinate must accompany the proposal. No proposal will be accepted, for any reason whatsoever, which is not submitted to the Office of the City Engineer as stated above, within the specified time. INSURANCE - Contractor shall provide and shall require all of its sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Property Insurance (Builder's Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers' Compensation Insurance, Employer's Liability Insurance, and Umbrella / Excess Liability, as stated below. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. BID BOND - A certified check, cashier's check or bank officer's check, for the sum set forth in the advertisement, made payable to the City of Fort Lauderdale, Florida, or bid bond in such amount, shall accompany each proposal as evidence of the good faith and responsibility of the bidder. The check or bond shall be retained by the City as liquidated damages should the bidder refuse to or fail to enter into a contract for the execution of the work embraced in this proposal, in the event the proposal of the bidder is accepted. Retention of such amount shall not be construed as a penalty or forfeiture. The above bond or check shall be a guarantee that the bidder will, if necessary, promptly execute a satisfactory contract and furnish good and sufficient bonds. As soon as a satisfactory contract has been executed and the bonds furnished and accepted, the check or bond accompanying the proposal of the successful bidder will be returned to him. The certified or other checks or bid bonds of the unsuccessful bidders will be returned to them upon the acceptance of the bid of the successful bidder. If the successful bidder shall not enter into, execute, and deliver such a contract and furnish the required bonds within ten (10) days after receiving notice to do so, the certified or other check or bid bond shall immediately become the property of the City of Fort Lauderdale as liquidated damages. Retention of such amount shall not be construed as a penalty or forfeiture. FILLING IN BIDS - All prices must be written in the proposal and also stated in figures, and all proposals must fully cover all items for which proposals are asked and no other. Bidders are required to state the names and places of residence of all persons interested, and if no other person is interested, the bidder shall distinctly state such fact and shall state that the proposal is, in all respects, fair and without collusion or fraud. Where more than one person is interested, it is required that all persons interested or their legal representative make all verification and subscribe to the proposal. PRICES QUOTED: Deduct any discount offered and quote firm net prices. Give both unit price and extended total. In the case of a discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other business with the City. BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that his bid and the prices quoted in his bid will be firm for acceptance by the City for a period of one hundred and twenty (120) days from the date of bid opening unless otherwise stated in the ITB. CAUSES FOR REJECTION - No proposal will be canvassed, considered or accepted which, in the opinion of the City Commission, is informal or unbalanced, or contains inadequate or unreasonable prices for any items; each item must carry its own proportion of the cost as nearly as is practicable. Revised 8/7/2013 1 B-2 INSTRUCTIONS TO BIDDERS (continued) Any alteration, erasure, interlineation, or failure to specify bids for all items called for in the schedule shall render the proposal informal. REJECTION OF BIDS - The City reserves the right to reject any bid if the evidence submitted by the bidder, or if the investigation of such bidder, fails to satisfy the City that such bidder is properly qualified to carry out the obligations and to complete the work contemplated. Any or all proposals will be rejected, if there is reason to believe that collusion exists among bidders. A proposal will be considered irregular and may be rejected, if it shows serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. The City reserves the right to reject any or all proposals and to waive such technical errors as may be deemed best for the interests of the City. BID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the City to follow the City's procurement ordinance or any applicable law may protest to the Procurement Division — Deputy Director of Finance, by delivering a letter of protest within five (5) days after a Notice of Intent to award is posted on the City's website at the following link: http://www.fortlauderdale.gov/engineering/bids.htm. The complete protest ordinance may be found on the City's website at the following link: http://www.fortlauderdale.gov/purchasing/protestordinance.pdf WITHDRAWALS - Any bidder may, without prejudice to himself, withdraw his proposal at any time prior to the expiration of the time during which proposals may be submitted. Such request for withdrawal must be in writing and signed in the same manner and by the same person who signed the proposal. After expiration of the period for receiving proposals, no proposal can be withdrawn, modified, or explained. CONTRACT - The bidder to whom award is made shall execute a written contract to do the work and maintain the same in good repair until final acceptance by the proper authorities, and shall furnish good and sufficient bonds as specified within ten (10) days after receiving such contract for execution. If the bidder to whom the first award is made fails to enter into a contract as provided, the award may be annulled and the contract let to the next lowest bidder who is reliable, responsible, and responsive in the opinion of the City Commission, and that bidder shall fulfill every stipulation and obligation as if such bidder were the original party to whom award was made. The contract shall provide that the Contractor agrees to correct any defective or faulty work or material, which may appear within one (1) year after completion of the work and receipt of final payment. ENFORCEMENT OF SPECIFICATIONS - Copies of the specifications will be placed in the hands of all the assistants to the Engineer and Inspectors employed on the work, who shall enforce each and every requirement of the contract. Such assistants shall have no authority to vary from such requirements. COPIES OF PLANS AND SPECIFICATIONS - Copies of the specifications, details, contract and bonds are on file in the Public Works Department, City Hall, 4th Floor, 100 N. Andrews Avenue, Fort Lauderdale, Florida 33301. SURETY BOND - The successful bidder shall furnish a performance and payment bond in compliance with Section 255.05, Florida Statutes, written by a Corporate Surety company, holding a Certificate of Authority from the Secretary of the Treasury of the United States as acceptable sureties on federal bonds, in an amount equal to the total amount payable by the terms of the contract, executed and issued by a Resident Agent licensed by and having an office in the State of Florida, representing such Corporate Surety, conditioned for the due and faithful performance of the work, and providing in Rev. 7/10/2013 1 B-3 INSTRUCTIONS TO BIDDERS (continued) addition to all other conditions, that if the Contractor, or his or its subcontractors, fail to duly pay for any labor, materials, or other supplies used or consumed by such Contractor, or his or its subcontractor or subcontractors, in performance of the work contracted to be done, the Surety will pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the rate of 15% per annum, and that they shall indemnify and save harmless the City of Fort Lauderdale to the extent of any and all payments in connection with carrying out of the contract, which the City may be required to make under the law. The Contractor is required at all times to have a valid surety bond in force covering the work being performed. A failure to have such bond in force at any time shall constitute a default on the part of the Contractor. A bond written by a surety, which becomes disqualified to do business in the State of Florida, shall automatically constitute a failure on the part of the Contractor to meet the above requirements. Such bond shall continue in effect for one (1) year after completion and acceptance of the work with liability equal to at least 25% of contract price, or an additional bond shall be conditioned that the Contractor will correct any defective or faulty work or material which appear within one (1) year after completion of the contract, upon notification by the City, except in contracts which are concerned solely with demolition work, in which cases 25% liability will not be applicable. AUDIT OF CONTRACTOR'S RECORDS - Upon execution of the Contract, the City reserves the right to conduct any necessary audit of the Contractor's records. Such an audit, or audits, may be conducted by the City or its representatives at any time prior to final payment, or thereafter, for a period up to three (3) years. The City may also require submittal of the records from either the Contractor, the Subcontractor, or both. For the purpose of this Section, records shall include all books of account, supporting documents and papers deemed necessary by the City to assure compliance with the contract provisions. Failure of the Contractor or Subcontractor to comply with these requirements may result in disqualification or suspension from bidding for future contracts or disapproval as a Subcontractor at the option of the City. The Contractor shall assure that each of its Subcontractors will provide access to its records pertaining to the project upon request by the City. PERIODIC ESTIMATE FOR PARTIAL PAYMENT - After the Contractor has submitted a periodic estimate for partial payment, approved and certified by the Office of the City Engineer, the City shall make payment in the manner provided in the Contract Documents and in accordance with Florida's Prompt Payment Act, Section 218, Florida Statutes. RESERVATION FOR AWARD AND REJECTION OF BIDS - The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws I B-4 INSTRUCTION TO BIDDERS (Continued) and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability I B-2 INSTRUCTIONS TO BIDDERS (continued) of the Bidder's supplies or services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. Rev. 1/10/2013 1B-5 INSURANCE REQUIREMENTS 10.1 Insurance 1.1 Contractor shall provide and shall require all of its sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Property Insurance (Builder's Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers' Compensation Insurance, Employer's Liability Insurance, and Umbrella/Excess Liability, as stated below. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. A. The City is required to be named as additional insured on the Commercial General Liability insurance policy. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for the work contemplated in this Agreement shall be deemed unacceptable, and shall be considered a breach of contract. B. The Contractor shall provide the City an original Certificate of Insurance for policies required by Article 10. All certificates shall state that the City shall be given ten (10) days' notice prior to expiration or cancellation of the policy. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Finance Department. Such policies shall: (1) name the insurance company or companies affording coverage acceptable to the City, (2) state the effective and expiration dates of the policies, (3) include special endorsements where necessary. Such policies provided under Article 10 shall not be affected by any other policy of insurance, which the City may carry in its own name. C. Contractor shall as a condition precedent of this Agreement, furnish to the City of Fort Lauderdale, c/o Project Manager, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, Certificate(s) of Insurance upon execution of this Agreement, which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 1.2 Property Insurance (Builder's Risk): The Contractor shall purchase and maintain property insurance upon the Work at or off the site of 100% of the Rev. 7/10/2013 INS-1 contract completed value. These policies shall insure the interest of the owner, contractor and subcontractors in the Work, and shall insure against "all risks" of physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage. All such insurance required by this paragraph shall remain in effect until the Work is completed and accepted by the City. 1.3 Commercial General Liability A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit Each Occurrence $1,000,000 Project Aggregate $1,000,000 General Aggregate $2,000,000 Personal Injury $1,000,000 Products/Completed Operations $1,000,000 B. Endorsements Required: City of Fort Lauderdale included as an Additional Insured Broad Form Contractual Liability Waiver of Subrogation Premises/Operations Products/Completed Operations Independent Contractors Owners and Contractors Protective Liability Contractors Pollution Liability 1.4 Business Automobile Liability A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit All Autos used in completing the contract Including Hired, Borrowed or Non-Owned Autos Any One Accident $1,000,000 B. Endorsements Required: Waiver of Subrogation 1.5 Workers' Compensation and Employer's Liability Insurance Limits: Workers' Compensation — Per Florida Statute 440 Employers' Liability - $500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Law. Contractor must be in compliance with all applicable State and Federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act or Jones Act. Revised 7/10/13 INS-2 1.6 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess coverage with limits of no less than $2,000,000 excess of Commercial General Liability, Automobile Liability and Employer's Liability. 1.7 All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Contractor's insurance must be provided by an A.M. Best's "A-" rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City's Risk Manager. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for work contemplated in this project shall be deemed unacceptable, and shall be considered breach of contract. NOTE: CITY PROJECT NUMBER MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Contractor of their liability and obligation under this section or under any other section of this Agreement. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the Project. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates that cover the contractual period, the City shall: A. Suspend the Agreement until such time as the new or renewed certificates are received by the City. B. The City may, at its sole discretion, terminate the Agreement for cause and seek damages from the Contractor in conjunction with the violation of the terms and conditions of the Agreement. Rev. 7/10/2013 INS-3 PROPOSAL Bid #243-11292 PROJ ECT 11925 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE TO THE COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA Gentlemen: The undersigned bidder agrees to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Fort Lauderdale, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Fort Lauderdale, which are referred to below and made a part hereof, at the following unit prices, to-wit: The following unit prices are associated with roofing, re-roofing and roof repair components. The City may choose different contractors for various complete low slope re-roofing or roofing repair projects. To be considered for these projects, please be comprehensive in filling out the items involved below. All items are based on a complete systems i.e. 4-ply SBS modified bitumen system (granular cap sheet). All installations shall meet all State of Florida requirements and Miami-Dade Notice of Acceptance (NOA) for high velocity. Please also refer to the typical Detail Drawings sections of this package. Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. Small repair jobs from 0 to 500 square feet (S.F.), medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S.F. An approximate quantity is also provided and the "unit price" and total blanks to be completed by Bidder. All proposal line items shall include maintenance, insurance, overhead, and other fixed costs. All Bidders shall have a State of Florida Roofing and General Contractor's licenses. Contractor to be Lightening Protection Certified and maintain an in-house Safety Officer. Please complete the following: Base bid shall include: ROOF MANUFACTURER'S NAME: ROOF BRAND NAME: INSULATION MANUFACTURER'S NAME: INSULATION NAME: ROOFING SYSTEM WARRANTY & PERIOD: ITEM 1: A) Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material using a licensed asbestos abatement Contractor. Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This allowance is to P-1 PROPOSAL (Continued) PROJECT 11926 Item 1 (continued) reimburse the Contractor for the actual cost incurred from asbestos abatement and it does not include any incidental costs. The proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. ALLOWANCE $ 20,000.00 TOTAL B) ALLOWANCE for Permits. Contractor markup and overhead is disallowed. Payment shall be based on actual bonafide receipts. ALLOWANCE $ 10.000.00 TOTAL ITEM 2: Furnish all materials, labor, and equipment for existing roof tear-off, including existing insulation board, down to substrate. This item also includes all disposal costs. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 500 S.F @$ /S.F. = $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 7.500 S.F @$ /S.F. =$ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 25.000 S.F @$ /S.F. _$ TOTAL ITEM 3: Furnish all materials, labor, and equipment to install approved iso-therm or polyisocyanurate rigid insulation board tapered, based on 1'/2 inches thickness, fully attached to substrate. A) Mopped in: a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 500 S.F @$ /S.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 7.500 S.F @$ /S.F. _$ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 25.000 S.F @$ /S.F. =$ TOTAL P-1(a) PROPOSAL (Continued) PROJECT 11926 Item 3 (continued) B) Mechanically attached: a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 500 S.F @$ /S.F. = $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 7.500 S.F @$ /S.F. =$ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 25.000 S.F @$ /S.F. _$ TOTAL ITEM 4: Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2-ply base flashing, anchor sheet, with vent sheet, without insulation. a) Small Roof Repair Areas: 0 S.F. - 500 S.F.. Approximately. Locations = 500 S.F @$ /S.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 7.500 S.F @$ /S.F. _$ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 25.000 S.F @$ /S.F. _$ TOTAL ITEM 5: Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2-ply base flashing, anchor sheet, without vent sheet (uninsulated applications). A) Mopped in: a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 500 S.F @$ /S.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 7.500 S.F @$ /S.F. _$ TOTAL P-1(b) PROPOSAL (Continued) PROJECT 11926 Item 5 (continued) c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 46.200 S.F @$ /S.F. _$ TOTAL B) Mechanically attached: a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 500 S.F @$ /S.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 7.500 S.F @$ /S.F. _$ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 25.000 S.F @$ /S.F. =$ TOTAL C) Aluminum Roof Coating (For reflectivity for black roof systems (SRI 68 Min.): (Such as `Apoch' Premium Rubberized Aluminum Roof Coating) b) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 500 S.F @$ /S.F. = $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 8.800 S.F @$ /S.F. = $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 46.200 S.F @$ /S.F. _$ TOTAL ITEM 6: Furnish all materials, labor, and equipment to install approved cants, 1'/2 inches thickness by 3'/2 inches wide. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F.L Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. L Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL P-1(c) PROPOSAL (Continued) PROJECT 11926 ITEM 7: Furnish all materials, labor, and equipment to install flexible, non-metallic flashings, 18 inches wide. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: (2) Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: (2) Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations = 200 L.F @$ /L.F. _ $ TOTAL ITEM 8: Furnish all materials, labor, and equipment to install built-up roof repair/replacement, including pea gravel protection. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: (1) Location = 450 S.F @$ /S.F. = $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 15,000 S.F. Approximately: (2) Locations = 12.000 S.F @$ /S.F. = $ TOTAL ITEM 9: Furnish all materials, labor, and equipment to install built-up roof pea gravel. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: (1) Location = 450 S.F @$ /S.F. = $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 15,000 S.F. Approximately: (2) Locations = 12.000 S.F @$ /S.F. = $ TOTAL ITEM 10: Furnish all materials, labor, and equipment to install wall sheet metal flashing, 24 gauge stainless steel, 8 inches wide. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: (2) Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: (2) Locations = 90 L.F @$ /L.F. _ $ TOTAL P-1(d) PROPOSAL (Continued) PROJECT 11926 Item 10 (continued) c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations = 200 L.F @$ /L.F. _ $ TOTAL ITEM 11: Furnish all materials, labor, and equipment to install continuous 4-inches metal drip edge. A) 24 Gauge Galvanized Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: (2) Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: (2) Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations = 200 L.F @$ /L.F. _ $ TOTAL B) 24 Gauge Stainless Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: (2) Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: (2) Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations = 200 L.F @$ /L.F. _ $ TOTAL C) Copper a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately: (2) Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately: (2) Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations = 200 L.F @$ /L.F. _ $ TOTAL P-1(e) PROPOSAL (Continued) PROJECT 11926 Item 11 (continued) D) Aluminum a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL ITEM 12: Furnish all materials, labor, and equipment to install wall counter flashing 24 gauge stainless steel, surface mounted with springlock reglet and 24 gauge stainless steel flashing, 6- inches vertical. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. = $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. = $ TOTAL ITEM 13: Furnish all materials, labor, and equipment to install metal coping cap, snap-lok system, 8-inches wide. A) 24 Gauge Galvanized Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL P-1(f) PROPOSAL (Continued) PROJECT 11926 Item 13 (continued) B) 24 Gauge Stainless Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL C) Aluminum with Kynar Finish a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL ITEM 14: Furnish all materials, labor, and equipment to install pipe mounting pedestals (4), with equipment rail (3 feet x 3 feet), and flashing, 18 inches high. Approximately: (4) @$ /EACH = $ TOTAL ITEM 15: Furnish all materials, labor, and equipment to install pitch pocket, for 6-inch diameter vertical element. Approximately: (4) @$ /EACH = $ TOTAL ITEM 16: Furnish all materials, labor, and equipment to install pipe or duct mounting roof pedestal, 18 gauge galvanized steel complete with flashing, 12-inches high. Approximately: ( @$ /EACH = $ TOTAL P-1(g) PROPOSAL (Continued) PROJECT 11926 ITEM 17: Furnish all materials, labor, and equipment to install roof penetration flashings, stainless steel 26 GA., with sealant cover, for vertical 6 inch diameter element, 9 inches high, umbrella type. Approximately: (4) /EACH = $ TOTAL ITEM 18: Furnish all materials, labor, and equipment to install 12 inches high, 3 feet wide x 3 feet long, roof equipment support curbs, 1'/2 inches thick 3 lbs., rigid insulation, 18 GA., Galvanized steel shell, base plate and fully mitered 3 inches cant. Approximately: (4) /EACH = $ TOTAL ITEM 19: Furnish all materials, labor, and equipment to install rubber boot flashings for vertical round penetrations, typically vent stacks, 4-6 inches diameter, 8 inches high, complete with stainless steel clamps. Approximately: (4) /EACH = $ TOTAL ITEM 20: Furnish all materials, labor, and equipment to install 6 inches roof drain, standard dura-coated cast iron, steel inserts with strainer, and clamps (by Zurin, or approved equal). Approximately: (4) @$ /EACH = $ TOTAL ITEM 21: Furnish all materials, labor, and equipment to install expansion joint cover, without blocking. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL P-1(h) PROPOSAL (Continued) PROJECT 11926 ITEM 22: Furnish all materials, labor, and equipment to install plumbing vent flashing, lead sleeve and coupling, installed 4 inch pipe. Approximately: (4) @$ /EACH = TOTAL ITEM 23: Furnish all materials, labor, and equipment to install 8 inches high x 16 inches wide metal scupper, (4) sided with integral drip strip and surface reglet flashing. A) 24 Gauge Galvanized Steel Approximately: (4) @$ /EACH = $ TOTAL B) 24 Gauge Stainless Steel Approximately: (4) @$ /EACH = $ TOTAL ITEM 24: Furnish all materials, labor, and equipment to install 6 inches diameter leader. A) 24 Gauge Galvanized Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL B) 24 Gauge Stainless Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations = 200 L.F @$ /L.F. _ $ TOTAL P-1(i) PROPOSAL (Continued) PROJECT 11926 Item 24 (continued) C) Anodized Aluminum a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL ITEM 25: Furnish all materials, labor, and equipment to install continuous 4 inch wide metal gutter system. A) 24 Gauge Galvanized Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL B) 24 Gauge Stainless Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL P-1 Q) PROPOSAL (Continued) PROJECT 11926 Item 25 (continued) C) Anodized Aluminum a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately. Locations = 25 L.F @$ /L.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately. Locations = 90 L.F @$ /L.F. _ $ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. Locations = 200 L.F @$ /L.F. _ $ TOTAL ITEM 26: The following time costs are for emergency work only as authorized by the City of Fort Lauderdale: A) Supervisor (Labor price should be included in your bid for items indicated) Regular Rate Approximately. 500 Hours @ $ /HOUR = $ TOTAL Overtime Rate Approximately. 200 Hours @ $ /HOUR = $ TOTAL B) Journeyman (Labor price should be included in your bid for items indicated) Regular Rate Approximately. 500 Hours @ $ /HOUR = $ TOTAL Overtime Rate Approximately. 200 Hours @ $ /HOUR = $ TOTAL C) Roofer's Helper (Labor price should be included in your bid for items indicated) Regular Rate Approximately. 500 Hours @ $ /HOUR = $ TOTAL Overtime Rate Approximately. 200 Hours @ $ /HOUR = $ TOTAL ITEM 27: Furnish all materials, labor, and equipment to install 60 Mil, Type II, fabric reinforced Uniform EPDM with a Class `A' Rating. The membrane is to be mechanically fastened through the metal deck system (approved warranty method as manufactured by `Carlisle Syntec' for existing warrantied system. P-1(k) PROPOSAL (Continued) PROJECT 11926 Item 27 (continued) a) Small Roof Repair Areas: 0 S.F. -200 S.F.. Approximately. Locations = 500 S.F @$ /S.F. = $ TOTAL b) Medium Roof Repair/Replacement areas. 200 S.F. —2,000 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL c) Large Roof Repair/Replacement Areas: Over 2,000 S.F. Approximately. Locations = 5.200 S.F @$ /S.F. _ $ TOTAL ITEM 28: Furnish all materials, labor, and equipment to install 60 Mil, fabric reinforced Uniform TPO (Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / mechanically fastened system as manufactured by `Carlisle Syntec for existing approved warrantied system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by `Carlisle Syntec' or other manufacturer for existing warrantied system). a) Small Roof Repair Areas: 0 S.F. - 500 S.F.. Approximately. Locations = 500 S.F @$ /S.F. = $ TOTAL b) Medium Roof Repair/Replacement areas. 500 S.F. —3,000 S.F. Approximately. Locations = 3.500 S.F @$ /S.F. = $ TOTAL c) Large Roof Repair/Replacement Areas: Over 3,000 S.F. Approximately. Locations = 25.000 S.F @$ /S.F. _$ TOTAL ITEM 29: Furnish all materials, labor, and equipment to install Built Up Coal Tar Roofing system with membrane ply sheets as indicated. a) Small Roof Repair Areas: 0 S.F. - 500 S.F.. Approximately. Locations = 500 S.F @$ /S.F. _ $ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. — 10,000 S.F. Approximately. Locations = 3.500 S.F @$ /S.F. _ $ TOTAL P-1(1) PROPOSAL (Continued) PROJECT 11926 Item 29 (continued) c) Large Roof Repair/Replacement Areas: Over 10,000 S.F. Approximately: (4) Locations = 22.200 S.F @$ /S.F. _$ TOTAL ITEM 30: Furnish all materials, labor, and equipment for existing roof tear-off, down to substrate. This item also includes all disposal costs. A) Asphalt Shingles: b) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL B) Concrete/Clay Tile a) Small Roof Repair Area: 0 S.F. - 500 S.F.. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL C) Standing Seam Metal Roof a) Small Roof Repair Area: 0 S.F. -500 S.F.. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL D) Metal Shingles a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL P-1(m) PROPOSAL (Continued) PROJECT 11926 ITEM 31: Furnish all materials, labor, and equipment for the replacement of deteriorated wood substrates. A) 5/8-inch CDX Plywood: a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL B) 2-inches x 6-inches T&G Wood (Fir): a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL Curved Roof.- (1) Location = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL Curved Roof.- (1) Location = 2.500 S.F @$ /S.F. = $ TOTAL ITEM 32: Furnish all materials, labor, and equipment to install the underlayment materials. A) 6 Mil Polyethylene Sheet: a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL B) 30 Lbs. Felts saturated, organic: a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL P-1(n) PROPOSAL (Continued) PROJECT 11926 Item 32 (continued) C) Self-Adhering underlayment granular face sheet, 55 Mils, fiberglass mat reinforced and SBS asphalt: a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL D) Self-Adhering underlavment polyethylene sheet, 40 Mils, slip resisting polythene film. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL E) Self-Adhering sheet underlavment, high temperature sheet, 40 Mils, with slip resisting polyethylene top surface laminated to SBS modified asphalt adhesive: a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL F) Slip sheet building paper, 5 lbs.,/100 S.F., rosin sized a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ TOTAL P-1(o) PROPOSAL (Continued) PROJECT 11926 ITEM 33: Furnish all materials, labor, and equipment to install pressure treated blocking. A) 2 x 4 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 300 L.F. @$ /L.F. = $ TOTAL B) 2X6 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 300 L.F. @$ /L.F. = $ TOTAL C) 2X8 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 300 L.F. @$ /L.F. = $ TOTAL ITEM 34: Furnish all materials, labor, and equipment to install sheet metal flashings and trim. A) 24 Gauge Stainless Steel Drip Edge—4-inch Profile a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 300 L.F. @$ /L.F. = $ TOTAL P-1(p) PROPOSAL (Continued) PROJECT 11926 ITEM 35: Furnish all materials, labor, and equipment to install metal gutter. A) 6-inch x 6-inch 24 Gauge Galvanized Steel Gutter a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 300 L.F. @$ /L.F. = $ TOTAL B) 6-inch x 6-inch Aluminum Gutter a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 300 L.F. @$ /L.F. = $ ITEM 36: Furnish all materials, labor, and equipment to install rigid standard ridge vent, high density polypropylene or UV- stabilized plastic. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately. Locations = 300 L.F. @$ /L.F. = $ TOTAL ITEM 37: Furnish all materials, labor, and equipment to install glass fiber reinforced asphalt shingles, mineral-granular surfaced self- sealing. a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL P-1(q) PROPOSAL (Continued) PROJECT 11926 ITEM 38: Furnish all materials, labor, and equipment to install 20 oz. Copper shingles 34-inches x 12-inches, 2 clips per panel. a) Small Roof Repair Area: 0 S.F. - 500 S.F.. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL ITEM 39: Furnish all materials, labor, and equipment to install galvanized steel sheet, .0276 inch with siliconized polyester coating. A) Standing Seam a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL B) Batten Seam a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL ITEM 40: Furnish all materials, labor, and equipment to install aluminum sheet, coil coated alloy, .040 inch with siliconized polyester coating. A) Standing Seam a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL P-1(r) PROPOSAL (continued) PROJECT 11926 Item 40 (continued) B) Batten Seam a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL C) Flat Seam b) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL D) Ridged Metal Building Roofing (Through Metal Building Manufacturer) c) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL ITEM 41: Furnish all materials, labor, and equipment to install clay roof tile. A) Spanish "S" Tile a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. _ $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Item 41 (continued) Approximately. Locations = 2.000 S.F @$ /S.F. _ $ TOTAL P-1(s) PROPOSAL (continued) PROJECT 11926 Item 41 (continued) B) Barrel Tile a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 2.000 S.F @$ /S.F. = $ ITEM 42: Furnish all materials, labor, and equipment to install 4" diameter leader. A) 24 Gauge Galvanized Steel a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 300 L.F. @$ /L.F. = $ TOTAL B) Anodized Aluminum a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 300 L.F. @$ /L.F. = $ TOTAL C) 24 Gauge Stainless Steel a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately: (3) Locations = 100 L.F. @$ /L.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations = 300 L.F. @$ /L.F. = $ TOTAL TOTAL ITEM 43: Furnish all materials, labor, and equipment to install concrete roof tile. P-1(t) PROPOSAL (continued) PROJECT 11926 Item 43 (continued) A) Spanish "S" Tile a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL B) Flat Shingle a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately. Locations = 1.500 S.F @$ /S.F. = $ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. Locations = 2.000 S.F @$ /S.F. = $ TOTAL ITEM 44: Supplies not listed or included elsewhere MAY be purchased under this contract on a strictly COST-PLUS arrangement only. Documentation of vendor cost must be provided with written (City) estimates. Provide percent markup. City staff estimates approximately $25,000 worth of this type of material will be required per year. $25,000 x %— _ $ TOTAL ITEM 45: Crane Rental ALLOWANCE– based upon receipts. ALLOWANCE $ 20.000.00 TOTAL ITEM 46: As a requirement by the manufacturer, annual inspections of all roof types are required in order to maintain each specific Roof Warranty. Warranty required by the City of Fort Lauderdale is Minimum 20 year, no dollar limit. This requires documentation as outlined by the individual Manufacturer. Therefore, costs to maintain individual Warranties, regardless of roof type, shall be included among the hard costs. Furnish all materials, labor, and equipment to provide Roofing Warranty Inspections on a yearly basis as required by Manufacturer, all Roof types. P-1(u) PROPOSAL (continued) PROJECT 11926 Item 46 (continued) Medium to Large Roof Inspection Area 1000 S.F. and Up. Approximately. Locations = 6.000 S.F @$ /S.F. _ $ TOTAL TOTAL BID: $ (FIGURES) (TOTAL WRITTEN DOLLAR AMOUNT) The City of Fort Lauderdale reserves the right to waive any informality in any bid and to refect any or all bids. The City of Fort Lauderdale reserves the right to reduce or delete any of the above items. At time of award of contract, the City reserves the right to set a maximum dollar limit that may be expended on this project. Contract quantities of any or all items may be increased, reduced, or eliminated to adjust the contract amount to coincide with the amount of work necessary or to bring the contract value to within the established limit. All quantities are estimated and the City reserves the right to increase, reduce, or eliminate the contract quantities in any amount. CONTRACT TIME 1.1 The Contractor recognizes that TIME IS OF THE ESSENCE. The Work shall commence within 30 calendar days of the date of the Notice to Proceed. 1.2 The Work shall be Substantially Completed within calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. N/A 1.3 The Work shall be finally completed on the Final Completion Date and ready for final payment in accordance with this Agreement within calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. N/A 1.4 The initial contract term shall commence upon date of award by the City, and shall expire 1 year from that date. The City reserves the right to extend the contract for 3 , additional 1 year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. P-1(v) PROPOSAL (continued) PROJECT 11926 1.5 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. Rev. 9/27/2013 P-1(w) PROPOSAL (Continued) PROJECT 11926 The work described below includes all the necessary excavations, fill and removal of materials attendant upon the construction of the work complete in place, and the disposal of all excess material and the final cleaning up of the work. State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you do business, and the address of the place of business (Post Office Box is inappropriate). IF A CORPORATION, state the name of the President, Secretary and Resident Agent. IF A PARTNERSHIP, state the names of all partners. IF A TRADE NAME, state the names of the individuals who do business under the trade name. If the firm is a foreign corporation (i.e., non- Florida), it must be authorized to do business in the State of Florida by the Florida Secretary of State. PLEASE PRINT OR TYPE. Firm Name: Address: Telephone: Fax: E-Mail Address: (Name) (Title) (Name) (Title) (Name) (Title) (Attach additional sheets, if necessary). The undersigned bidder acknowledges that he may be required to furnish additional information as deemed necessary by the Office of the City Engineer, Public Works Department (Engineering and Architectural Services), to update their records should he be awarded the work described below. The undersigned bidder affirms that he has or will obtain all equipment necessary to complete the work described, that he has or will obtain all required permits and licenses from the appropriate agencies, and that his firm is authorized to do business in the State of Florida. The undersigned bidder has not divulged to, discussed, or compared this bid with other bidders, and has not colluded with any other bidder or parties to a bid whatsoever. Further, the undersigned guarantees the truth and accuracy of all statements and answers contained in this proposal. Rev.8/14/2008 P-2 PROPOSAL (Continued) PROJECT 11926 The initial contract term shall commence upon date of award by the City and shall expire one (1) year from that date. The City reserves the right to extend the contract for three (3), additional one-year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. The undersigned acknowledges receipt of the Addenda listed below (if applicable) and further acknowledges that the provisions of each Addendum have been included in the preparation for this Bid. Addendum No. Date Received Addendum No. Date Received DATE: FOR: BY: (Witness — Print or type name) (Signature) Seal: (Witness — Print or type name) TITLE: President ❑ Vice-President ❑ Rev. 10/1/2013 P-3 PROJECT 11926 QUESTIONNAIRE SHEET PLEASE PRINT OR TYPE: Firm Name: President Business Address: Telephone: Fax: E-Mail Address: What was the last project of this nature which you completed? The following are named as three corporations and representatives of those corporations for which you have performed work and which the City may contact as your references (include addresses and telephone numbers): How many years has your organization been in business? Have you ever failed to complete work awarded to you; if so, where and why? The name of the qualifying agent for the firm and his position is: Certificate of Competency Number of Qualifying Agent: Effective Date: Expiration Date: Licensed in: Engineering Contractor's License # (County/State) Expiration Date: NOTE: To be considered for award of this contract, the bidder must submit a financial statement upon request. A Broward County Engineering Contractor's License and/or the appropriate license issued by the State of Florida is required for working within public rights-of-way. Contractor must have proper licensing prior to submitting bid and must submit evidence of same with bid. Rev.2/15/11 P-4 PROJECT 11926 QUESTIONNAIRE SHEET 1. Have you personally inspected the proposed work and have you a complete plan for its performance? 2. Will you sublet any part of this work? If so, list the portions or specialties of the work that you will. a) b) C) d) e) f) 9) 3. What equipment do you own that is available for the work? 4. What equipment will you purchase for the proposed work? 5. What equipment will you rent for the proposed work? Rev.8/14/2008 P-5 LOCAL BUSINESS PREFERENCE Section 2-199.2, Code of Ordinances of the City of Fort Lauderdale, (Ordinance No. C-12-04), provides for a local business preference. In order to be considered for a local business preference, a bidder must include the Local Business Preference Certification Statement of this ITB, as applicable to the local business preference class claimed at the time of bid submittal: Upon formal request of the City, based on the application of a Local Business Preference the Bidder shall within ten (10) calendar days submit the following documentation to the Local Business Preference Class claimed: A) Copy of City of Fort Lauderdale current year business tax receipt, or Broward County current year business tax receipt, and B) List of the names of all employees of the bidder and evidence of employees' residence within the geographic bounds of the City of Fort Lauderdale or Broward County, as the case may be, such as current Florida driver license, residential utility bill (water, electric, telephone, cable television), or other type of similar documentation acceptable to the City. Failure to comply at time of bid submittal shall result in the bidder being found ineligible for the local business preference. THE COMPLETE LOCAL BUSINESS PREFERENCE ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK: http:/www.fortlauerale.gov/purchasing/index.htm Definitions: The term "Business" shall mean a person, firm, corporation or other business entity which is duly licensed and authorized to engage in a particular work in the State of Florida. Business shall be broken down into four (4) types of classes: 1. Class A Business — shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of the City and shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City. 2. Class B Business - shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of the City or shall maintain a staffing level of the prime contractor for the proposed work of at least fifty percent (50%) who are residents of the City. 3. Class C Business - shall mean any Business that has established and agrees to maintain a permanent place of business located in a non-residential zone and staffed with full-time employees within the limits of Broward County. 4. Class D Business — shall mean any Business that does not qualify as either a Class A, Class B, or Class C business. Rev. 9/24/2013 LBP-1 LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT The Business identified below certifies that it qualifies for the local BUSINESS preference classification as indicated herein, and further certifies and agrees that it will re-affirm its local preference classification annually no later than thirty (30) calendar days prior to the anniversary of the date of a contract awarded pursuant to this ITB. Violation of the foregoing provision may result in contract termination. is a Class A Business as defined in City of Fort Lauderdale Ordinance No. C-12- 04, Sec.2-199.2. A copy of the City of Fort Lauderdale current year Business Tax Receipt and a complete list of full-time employees and their addresses shall be (1) provided within 10 calendar days of a formal request by the City. Business Name is a Class B Business as defined in the City of Fort Lauderdale Ordinance No. C- 12-04, Sec.2-199.2.A copy of the Business Tax Receipt or a complete list of full- (2) time employees and their addresses shall be provided within 10 calendar days of a formal request by the City. Business Name is a Class C Business as defined in the City of Fort Lauderdale Ordinance No. C- 12-04, Sec.2-199.2. A copy of the Broward County Business Tax Receipt shall (3) be provided within 10 calendar days of a formal request by the City. Business Name requests a Conditional Class A classification as defined in the City of Fort (4) Lauderdale Ordinance No. C-12-04, Sec.2-199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City. Business Name requests a Conditional Class B classification as defined in the City of Fort (5) Lauderdale Ordinance No. C-12-04, Sec.2-199.2. Written certification of intent shall be provided within 10 calendar days of a formal request by the City. Business Name is considered a Class D Business as defined in the City of Fort Lauderdale Ordinance No. C-12-04, Sec.2-199.2. and does not qualify for Local Preference (6) consideration. Business Name BIDDER'S COMPANY: AUTHORIZED COMPANY PERSON: NAME SIGNATURE DATE Rev. 9/24/2013 LBP-2 CITY OF FORT LAUDERDALE PUBLIC WORKS DEPARTMENT MINORITY BUSINESS ENTERPRISE (MBE) -WOMEN BUSINESS ENTERPRISE (WBE) PRIME CONTRACTOR IDENTIFICATION FORM In order to assist us in identifying the status of those companies doing business with the City of Fort Lauderdale, this form must be completed and returned with your bid package. Name of Firm: Address of Firm: Telephone Number: Name of Person Completing Form: Title: Signature: Date: City Project Number: City Project Description: Please check the item(s) which properly identify the status of your firm: ❑ Our firm is not a MBE or WBE. ❑ Our firm is a MBE, as at least 51 percent is owned and operated by one or more socially and economically disadvantaged individuals. ❑ American Indian ❑ Asian ❑ Black ❑ Hispanic ❑ Our firm is a WBE, as at least 51 percent is owned and operated by one or more women. ❑ American Indian ❑ Asian ❑ Black ❑ Hispanic Rev.08/14/2008 MBE-1 MBE/WBE CONTRACTOR INFORMATION The City, in a continuing effort, is encouraging the increased participation of minority and women- owned businesses in Public Works Department (Engineering and Architectural Services) related contracts. Along those lines, we are requiring that each firm provide documentation detailing their own programs for utilizing minority and women-owned businesses. Your firm should submit this information as a part of this bid package and refer to the checklist, to ensure that all areas of concern are covered. The low responsive bidder will be contacted to schedule a meeting to discuss these objectives. It is our intention to proceed as quickly as possible with this project, so your cooperation in this matter is appreciated. CONTRACTOR CHECKLIST ❑ List Previous City of Fort Lauderdale Contracts ❑ Number of Employees in your firm --Percent ( %) Women --Percent ( %) Minorities --Job Classifications of Women and Minorities ❑ Use of minority and/or women subcontractors on past projects. ❑ Nature of the work subcontracted to minority and/or women-owned firms. ❑ How are subcontractors notified of available opportunities with your firm? ❑ Anticipated amount to be subcontracted on this project. ❑ Anticipated amount to be subcontracted to minority and/or women-owned businesses on this project. Rev.12/05/2012 MBE-2 NON-COLLUSION STATEMENT: By signing this offer, the vendor/contractor certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial interest (e.g. ownership of five (5) percent or more). 3.4.Immediate family members (spouse,parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS In the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor has indicated that no such relationships exist. NCS-1 CITY OF FORT LAUDERDALE CONSTRUCTION AGREEMENT THIS AGREEMENT made and entered into this day of 20_7 by and between the City of Fort Lauderdale, a Florida municipal corporation (City) and (Contractor), (parties); WHEREAS, the City desires to retain a contractor for the Project as expresse . its Invitation to Bid/Request for Proposals No. which was opened on and, WHEREAS, the Contractor has expresses its willingness and capa 'li erform the necessary work to accomplish the Project. NOW, THEREFORE, the City and the Contractor, in c ion of the mutual covenants and conditions contained herein and for other good luable consideration, the receipt and sufficiency is hereby acknowledged, agree as f II ARTICLE 1 — DEFINITI N Whenever used in this Agreement or in other Cont c cuments, the following terms have the meanings indicated which are applicable to singular and plural forms: 1.1 Agreement — This written agreemen t en the City and the Contractor covering the work to be performed including th ontract Documents that are attached to or incorporated in the Agreement. 1.2 Application for Payment heNorm accepted by the City which is to be used by the Contractor in requestin ress or final payment and which is to include such supporting documen is required by the Contract Documents 1.3 Approve — The or prove is defined to mean review of the material, equipment or methods for en compliance with design concepts and with the design concepts and with t n ormation given in the Contract Documents. It does not imply a respons 'ty the part of the City to verify in every detail conformance with plans and is ions. 1.4 e offer or Bid of the Contractor submitted on the prescribed form setting forth t tal prices for the Work to be performed. 1.5 id Documents —This Agreement, advertisement for Invitation to Bids, the Instructions to Bidders, the Bid Form (with supplemental affidavits and agreements), the Contract Forms, General Conditions, the Supplementary Conditions, the Specifications, and the Plans, which documents all become an integral part of the Contract Documents. 1.6 Certificate of Substantial Completion - Certificate provided by the City certifying that all Work, excluding the punch list items, has been completed, inspected, and accepted by the City. C-1 1.7 Change Order - A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract time issued on or after the Effective Date of the Agreement. 1.8 City — The City of Fort Lauderdale, Florida including but not limited to its employees, agents, officials, representative, contractors, subcontractors, volunteers, successors and assigns, with whom the Contractor has entered into the Agreement and for whom the Work is to be provided. The Project Manager, or designee, shall be the authorized agent for the City unless otherwise specified. 1.9 Contract Documents — The Contract Documents shall consist of this A nt, the Drawings, Plans and Specifications, Notice to Proceed, Certificate surance, Payment and Performance Bonds and any additional documents a required to be submitted under the Agreement, and all amendment ications and supplements, change orders and work directive changes ' s on or after the Effective Date of the Agreement. 1.10 Contract Price — The monies payable to the Contractor City under the Contract Documents and in accordance with the line item unit sted in the Bid. 1.11 Contract Time — The number of calendar d tated in the Agreement for the completion of the Work. The dates on whi work shall be started and shall be completed as stated in the Notice to Proc 1.12 Contractor — The person, firm, co a , or corporation with whom the City has entered into the Agreement, in u ut not limited to its employees, agents, representatives, contractors, actors, their subcontractors and their other successors and assigns. 1.13 Day— A calendar day of n -four (24) hours ending at midnight. 1.14 Defective — An adjP hich when modifying the work "Work" refers to work that is unsatisfactory, f deficient or does not conform to the Contract Documents or does not me t trements of any inspection, test or approval referred to in the Contract encs, or has been damaged prior to the Project Manager's recom at of final payment. 1.15 Eff c Date of the Agreement — Means the date on which the agreement is d by the City Commission or whichever is later. 1.1 al Completion Date — The date the Work is completed, including completion of the inal punch list, and delivered along with those items specified in the Contract Documents and is accepted by the City. 1.17 Hazardous Materials (HAZMAT) - Any solid, liquid, or gaseous material that is toxic, flammable, radioactive, corrosive, chemically reactive, or unstable upon prolonged storage in quantities that could pose a threat to life, property, or the environment defined in Section 101(14) of Comprehensive Environmental Response, Compensation and Liability Act of 1980 and in 40 CFR 300.6). Also defined by 49 CFR Rev. 9/25/2013 C-2 171.8 as a substance or material designated by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. 1.18 Hazardous Substance -As defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act; any substance designated pursuant to Section 311(b) (2) (A) of the Clean Water Act; any element, compound, mixture, solution or substance designated pursuant to Section 102 identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act {but not incl ing any waste listed under Section 307[a] of the Clean Water Act}; any hazardous p lutant listed under Section 112 of the Clean Air Act; and any imminently hazar emical substance or mixture pursuant to Section 7 of the Toxic Substances r Act. The term does not include petroleum, including crude oil or any fractio f, which is not otherwise specifically listed or designated as a hazardous ce in the first sentence of this paragraph, and the term does not include as, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel Ores of natural gas and such synthetic gas}. 1.19 Hazardous Waste - Those solid wastes designated A in accordance with 40 CFR 261 due to the properties of ignitability, c rro i y, reactivity, or toxicity. Any material that is subject to the Hazardous Wa nifest requirements of the EPA specified in 40 CFR Part 262. 1.20 Holidays - Those designated non-work a a established by the City Commission of the City of Fort Lauderdale. 1.21 Inspection — The term "inspecti the act of inspecting as used in this Agreement is defined to mean the exa i n of construction to ensure that it conforms to the design concept expresse in a plans and specifications. This term shall not be construed to mean supe o , superintending and/or overseeing. 1.22 Notice of AwardPh ritten notice by City to the Contractor stating that upon compliance by tactor with the conditions precedent enumerated therein, within the time spe li iee City will sign and deliver this Agreement. 1.23 Notice t * ro ed — A written notice given by the City to the Contractor fixing the date on w i h 'Contract Time will commence to run and on which the Contract Time will en 1.24 P n - The drawings which show the character and scope of the work to be performed which have been prepared or approved by the City and are referred to in the ontract Documents. 1.25 Premises (otherwise known as Site or Work Site) — means the land, buildings, facilities, etc. upon which the Work is to be performed. 1.26 Project — The total construction of the Work to be provided as defined in the Contract Documents. C-3 1.27 Project Manager - The employee of the City, or other designated individual who is herein referred to as the Project Manager, will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the contract Documents in connection with completion of the Work in accordance with this Agreement. 1.28 Punch List - The City's list of Work yet to be done or be corrected by the Contractor, before the Final Completion date can be determined by the City. 1.29 Record Documents - A complete set of all specifications, drawing d nda, modifications, shop drawings, submittals and samples annotated to sh anges made during the construction process. 1.30 Record Drawings or "As-Builts" - A set of drawings which sho i i i ant changes in the work made during construction and which are usually ba drawings marked up in the field and other data furnished by the contracto . h documents will be signed and sealed by the Engineer of Record or essional Land Surveyor licensed in the State of Florida. 1.31 Substantially Completed Date — A date when the on actor has requested in writing, stating that the Work is substantially compl is ready for an inspection and issuance of a final punch list for the Project 1.32 Work — The entire completed deliverpr uct or the various separately identifiable parts thereof required to be furnis er the Contract Documents. Work is the result of performing services, fur in labor and furnishing and incorporating material and equipment into the produ , required by the Contract Documents. E 2 — SCOPE OF WORK 2.1 The Contractor mplete all work as specified or indicated in the Contract Documents. Th P ject for which the Work under the Contract Documents may be the whole o ly p rt is generally described as follows: L ROOFING REPAIR AND REPLACEMENT CIT`(-WIDE ITB 243-11292 PROJECT 11 926 2.2 rk for the Project shall be constructed in accordance with the Drawings and cifications. The Work generally involves: PROJECT DESCRIPTION The work includes repairs to City owned buildings associated with roofing, re-roofing and roof repair components for various locations within the City of Fort Lauderdale All items are based on a complete systems i.e. 4-ply SBS modified bitumen system (granular cap sheet). All installations shall meet all State of Florida requirements and Miami-Dade Notice of Acceptance (NOA) for high velocity. Please also refer to the typical Detail Drawings sections of this package. Rev. 9/25/2013 C-4 Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. Small repair jobs from 0 to 500 square feet (S.F.), medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S.F. All proposal line items shall include maintenance, insurance, overhead, and other fixed costs. All Bidders shall have a State of Florida Roofing and General Contractor's licenses. Contractor to be Lightning Protection Certified and maintain an in-house Safety Officer. 2.3 Within ten (10) days of the execution of this Agreement, the Contractor shall submit a Construction Schedule, Schedule of Values and a listing of those subcontractors that will be utilized by the Contractor. The general sequence of the work all be submitted by the Contractor and approved by the City before any work c nces. The City reserves the right to issue construction directives necessary t to the Work or to minimize any conflict with operations. ARTICLE 3 — PROJECT MANAGER 3.1 The Project Manager is hereby designated by the City as t undermeier whose address is 100 N. Andrews Avenue, 4t" Floor, Fort Laud L 33301. The Project Manager will assume all duties and responsibilities ill have the rights and authorities assigned to the Project Manager in the Documents in connection with completion of the Work in accordance with thi A eement. ARTICLE 4 — CONTRAC D MENTS A SS The Contract Documents which comprise &eken�bire Agreement between the City and Contractor are attached to this Agreem a made a part hereof and consist of the following: 4.1 This Agreement. 4.2 Exhibits to this Agreeme ns (sheets [ ] to [ ] inclusive)). 4.3 Public Constructio B Performance Bond, Payment Bond and Certificates of Insurance. 4.4 Notice of A nd Notice to Proceed. 4.5 Gen o itions as amended by the Special Conditions. 4.6 al Specifications. 4.7 ns 4.8 Addenda number through , inclusive. 4.9 Bid Form and supplement Affidavits and Agreements. 4.10 All applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement. C-5 4.11 Invitation to Bid No. , Instructions to Bidders and Bid Bond. 4.12 Contractor's response to the City's Invitation to Bid No. date 4.13 Schedule of Completion and Schedule of Values. 4.14 Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Agreement. A c of all permits shall be given to the City for inclusion in the Contract Documen e s of permits shall be met prior to acceptance of the Work and release of the ment. There are not Contract Documents other than those listed in this Arti e Contract Documents may only be altered, amended, or repealed in accordanc e provisions of the terms of this Agreement. In the event of any conflict between the documents or any am r missing specification or instruction, the following priority is established: a. Specific direction from the City Manager (or e i n ) b. This Agreement dated A, and any attachments. C. Invitation to Bid No. Je w and the specifications prepared by the City. d. Contractor's response City's Invitation to Bid No. date e. Schedule of Va f. Schedule of I ion. If during the perfor ce of the Work Contractor finds a conflict error or discrepancy in the Contract Docu en ontractor shall so report to the Project Manager, in writing at once and before ing with the Work affected shall obtain a written interpretation or clarification the City. It is the of the specifications and plans to describe a complete Project to be constructed in a nce with the Contract Documents. Any Work that may reasonably be inferred from the s ifications or plans as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials, or equipment, such works shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or associations, or to the code of any governmental authority whether such reference be specific or implied, shall mean the latest standard specification, manual or code in effect as of the Effective Date of this Agreement, except as may be otherwise specifically stated. However, no provision of any referenced C-6 standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the City, the Contractor, or any of their agents or employees from those set forth in the Contract Documents. ARTICLE 5 — CONTRACT TIME 5.1 The Contractor recognizes that TIME IS OF THE ESSENCE. Each work r shall commence within 30 calendar days of the date of the Notice to Proceed. 5.2 The Work shall be Substantially Completed within calend after the date when the Contract Time commences to run as provided in th to Proceed. N/A 5.3 The Work shall be finally completed on the Final Comple ' and ready for final payment in accordance with this Agreement within c lendar days after the date when the Contract Time commences to run as pro a in the Notice to Proceed. N/A 5.4 The initial contract term shall commence u of award by the City and shall expire 1 years from that date. The City r ry s the right to extend the contract for 3 , additional 1 year terms, provi g terms conditions and specifications remain the same, both parties agree t e xtension, and such extension is approved by the City. 5.5 In the event services are sch o end because of the expiration of this contract, the Contractor shall continu e rvice upon the request of the City as authorized by the awarding authority. ension period shall not extend for more than ninety (90) days beyond the n date of the existing contract. The Contractor shall be compensated for th is at the rate in effect when this extension clause is invoked by the City. ARTICLE 6 — CONTRACT PRICE 6.1 City s Contractor for performance of the Work in accordance with Article 7, subj nadditions and deletions by Change Order, as provided for in this Agreement. 6.2 rties expressly agree that the Contract Price in the not to exceed amount of constitutes the total maximum compensation payable to Contractor r performing the Work, plus any Work done pursuant to a Change Order. The Contract Price is in accordance with the line item unit prices listed in the Bid. Line items are based on a unit price cost multiplied by a defined quantity. Any additional duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change to the Contract Price. 6.3 The Contract Price constitutes the compensation payable to Contractor for performing the Work plus any Work done pursuant to a Change Order. All duties responsibilities Rev. 9/25/2013 C-7 and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change in the Contract price. ARTICLE 7 — PAYMENT PROCEDURES 7.1 Contractor shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by City as provided in the General Conditions. 7.2 Progress Payments. City shall make progress payments on account of t ntract Price on the basis of Contractor's monthly Applications for Payment, hall be submitted by the Contractor between the first (1S) and the tenth (1 t a after the end of each calendar month for which payment is requested. All payments will be made on the basis of the progress of the Work completed. 7.3 Prior to Final Completion, progress payments will be ma n amount equal to ninety percent (90%) of the value of Work completed less case the aggregate of payments previously made. 7.4 Final Payment. Upon final completion of the rk accordance with the General Conditions, as may be supplemented, the all pay Contractor an amount sufficient to increase total payments to one u d percent (100%) of the Contract Price. However, not less than ten pe N %) of the Contract Price shall be retained until Record Drawings (as-bu" ) p cifications, addenda, modifications and shop drawings. Including all man ct ers' instructional and parts manuals are delivered to and accepted by the 'ty. 7.5 The City shall make payme o e Contractor in accordance with the Florida Prompt Payment Act, Section 218 rida Statutes. 7.6 The City shall make t to the Contractor through utilization of the City's P-Card Program. CLE 8 — CONTRACTOR'S REPRESENTATIONS In order to c the City to enter into this Agreement, Contractor makes the following represen i pon which the City has relied: 8.1 actor is qualified on the field of public construction and in particular to perform Work and services set forth in this Agreement. 8.2 Contractor has visited the Work Site has conducted extensive tests, examinations and investigations and represents and warrants a thorough familiarization with the nature and extent of the Contract Documents, the Work, locality, soil conditions, moisture conditions and all year-round local weather and climate conditions (past and present), and, in reliance on such tests, examination and investigations conducted by Contractor and the Contractor's experts, has determined that no conditions exist that would in any manner affect the Proposed Price and that the project can be completed for the C-8 Proposed Price submitted. Furthermore, Contractor warrants and confirms that he is totally familiar with, understands and obligates Contractor to comply with all federal, state and local laws, ordinances, rules, regulations and all market conditions that affect or may affect the cost and price of materials and labor needed to fulfill all provisions of this Agreement or that in any manner may affect cost, progress or performance of the Work. 8.3 The Contractor has satisfied itself as to the nature and location of the Work under the Contract Documents, the general and local conditions of the Project, particul those bearing upon availability of transportation, disposal, handling and storage o rials, availability of labor, water, electric power, and roads, the conformation ditions at the ground based on City provided reports, the type of equipm facilities needed preliminary to and during the prosecution of the Work a er matters which can in any way affect the Work or the cost thereof the Contract Documents. 8.4 The Contractor has also studied carefully all reports of inv ns and tests of subsurface and latent physical conditions at the sit therwise affecting cost, progress or performance of the Works, and finds a urther determined that no conditions exist that would in any manner affe th roposed Price and that the project can be completed for the Proposed Pric i ted. 8.5 Contractor has made or caused to be mad a inations, investigations, tests and studies of such reports and related data n to those referred to in Paragraphs 8.2, 8.3 and 8.4 above as he deems n e a for the performance of the Work at the Contract Prices, within the Contract a nd in accordance with the other terms and conditions of the Contract Docum t d no additional examinations, investigations, tests, reports or similar data ar be, required by Contractor for such purposes. 8.6 Contractor has correlat; tlN results of all such observations, examinations, investigations, tests, re I nd data with the terms and conditions of the Contract Documents. 8.7 Contractor has ve ty written notice of all conflicts, errors or discrepancies that he has discove d he Contract Documents and the written resolution by City is acceptable Contractor. 8.8 Labo he Contractor shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall at all times maintain good discipline and order at the site. 8.8.2 The Contractor shall, at all times, have a competent superintendent, capable of reading and thoroughly understanding the drawings and specifications, as the Contractor's agent on the Work, who shall, as the Contractor's agent, supervise, direct and otherwise conduct the Work. C-9 8.8.3 The Contractor shall designate the superintendent on the job to the City, in writing, immediately after receipt of the Notice to Proceed. The Contractor understands and agrees that the superintendent's physical presence on the job site is indispensable to the successful completion of the Work. If the superintendent is frequently absent from the job site, the Project Manager may deliver written notice to the Contractor to stop work or terminate the Contract in accordance with Article 17. 8.8.4 The Contractor shall assign personnel to the job site that have suc ssfully completed training programs related to trench safety, confined a and maintenance of traffic. A certified "competent person" shall be a to the job site. Personnel certified by the International Municipal Si ociations with Florida Department of Transportation qualifications are a relative to maintenance of traffic. Failure to pursue the Work with perly certified supervisory staff may result in notice to stop work or t the Contract in accordance with Article 17. 8.9 Materials: 8.9.1 The Contractor shall furnish all material a uipment, labor, transportation, construction equipment and machine appliances, fuel, power, light, heat, telephone, water and sanita ities and all other facilities and incidentals necessary for the exec i ting, initial operation and completion of Work. 8.9.2 All material and equipment al be of good quality and new, except as otherwise provided in the n ocuments. Suppliers shall be selected and paid by the Contractor; reserves the right to approve all suppliers and materials. 8.10 Work Hours: Except i n ection with the safety or protection of persons, or the Work, or property at or adjacent thereto, and except as otherwise indicated in the Supplementary Co ions, all work at the site shall be performed during regular working hours b w a.m. and 6:00 p.m., Monday through Friday. The Contractor will not perm o e work or the performance of work on Saturday, Sunday or any legal holida a ignated by the City of Fort Lauderdale) without the Project Manager's written a at least seventy two (72) hours in advance of starting such work. If the Proje a ger permits overtime work, the Contractor shall pay for the additional ch the City with respect to such overtime work. Such additional charges shall sidiary obligation of the Contractor and no extra payment shall be made to the actor for overtime work. The cost to the Contractor to reimburse the City for o rtime inspection is established at direct-labor and overtime costs for each person or inspector required. Incidental overtime costs for engineering, testing and other related services will also be charged to the Contractor at the actual rate accrued. 8.11 Patent Fee and Royalties: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work, or any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. The Contractor hereby expressly binds himself or itself to indemnify and save harmless the City from all such C-10 claims and fees and from any and all suits and action of every name and description that may be brought against City on account of any such claims, fees, royalties, or costs for any such invention or patent, and from any and all suits or actions that may be brought against said City for the infringement of any and all patents or patent rights claimed by any person, firm corporation or other entity. 8.12 Permits: The Contractor shall obtain and pay for all permits and licenses. There shall be no allowance for Contractor markup, overhead or profit for permits and licenses. The Contractor shall pay all government charges which are applicable at th time of opening of proposals. It shall be the responsibility of the Contractor to secu d pay for all necessary licenses and permits of a temporary nature nece or the prosecution of Work. 8.13 Law and Regulations: The Contractor shall give all notices and o with all laws, ordinances, rules and regulations applicable to the Work. If a tractor observes that the specifications or plans are at variance therewith, t actor shall give the Project Manager prompt written notice thereof, and any ary changes shall be adjusted by any appropriate modifications. If the o for performs any work knowing or having reason to know that it is contrary laws, ordinance, rules and regulations, and without such notice to the Proje M ager, the Contractor shall bear all costs arising therefrom; however, it sh t be the Contractor's primary responsibility to make certain that the specifi a and plans are in accordance with such laws, ordinances, rules and regulati 8.14 Taxes: The Contractor shall pay I sa s, consumer, use and other similar taxes required to be paid by him in acc d with the laws of the City of Fort Lauderdale, County of Broward, State of FI 8.15 Contractor Use of Premis . Contractor shall confine construction equipment, the storage of materials and i ment and the operations of workmen to areas permitted by law, ordinances, and/or the requirements of the Contract Documents, and shall not unreason Iy cumber the premises with construction equipment or other materials or equ' m The Contra hall not enter upon private property for any purpose without first securin a rmission of the property owner in writing and furnishing the Project Man i a copy of said permission. This requirement will be strictly enforced, pa c with regard to such vacant properties as may be utilized for storage or by the Contractor. Contractor shall conduct his work in such a manner as to avoid damage to adjacent private or public property. Any damage to existing structures of work of any kind, including permanent reference markers or property corner markers, or the interruption of a utility service, shall be repaired or restored promptly at no expense to the City. The Contractor will preserve and protect all existing vegetation such as trees, shrubs and grass on or adjacent to the site which do not reasonably interfere with the construction, as determined by the Project Manager. The Contractor will be C-11 responsible for repairing or replacing any trees, shrubs, lawns and landscaping that may be damaged due to carless operation of equipment, stockpiling of materials, tracking of grass by equipment or other construction activity. The Contractor will be liable for, or will be required to replace or restore at no expense to the City all vegetation not protected or preserved as required herein that may be destroyed or damaged. During the progress of the work, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and debris resulting from the Wor At the completion of the Work, the Contractor shall remove all waste materials, r b and debris from and about the premises as well as all tools, appliances ruction equipment and machinery, and surplus materials and shall leave th lean and ready for occupancy by the City. The Contractor shall restore to th I condition those portions of the site not designated for alteration by the C ocuments at no cost to the City. 8.16 Project Coordination: The Contractor shall provide for t plete coordination of the construction effort. This shall include, but n t essarily be limited to, coordination of the following: 8.16.1 Flow of material and equipment from su 8.16.2 The interrelated work with affected util y panies. 8.16.3 The interrelated work with the re tie-ins to existing facilities are required. 8.16.4 The effort of independent test'n a ncies. 8.16.5 Notice to affected property w as may be directed by the Project Manager. 8.17 Promect Record Documents n s-Builts Record Drawings): The Contractor shall keep one record copy a specifications, plans addenda, modifications, shop drawings and sena site, in good order and annotated to show all changes made during thion process. These shall be available to the Project Manager for eand shall be delivered tothe Project Manager upon completion of thon completion of the project and prior to final payment, an as-built (rec df the Project shall be submitted to the Project Manager. The as-buil ings shall be signed and sealed by a Florida Registered Professional Survey nd apper, Engineer, Architect or Landscape Architect depending on the type n . 8.18 nd Protection: 8.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 8.18.1.1 All employees working on the project and other persons who may be affected thereby. 8.18.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site. C-12 8.18.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 8.18.2 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and pr ection. The Contractor shall notify owners of adjacent property and utili a when prosecution of the Work may affect them at least seventy two urs in advance (unless otherwise required). All damage, injury or los property caused, directly or indirectly, in whole or in part by t actor, any subcontractor or anyone directly or indirectly employe y of them or anyone for whose acts any of them may be liable, s I emedied by the Contractor. The Contractor's duties and resp o i ' s for safety and protection of the Work shall continue until suc as all the Work is completed and accepted by the City. 8.19 Emergencies: In emergencies affecting the sa ty r protection of persons or the Work or property at the site or adjacent th t e Contractor, without special instruction or authorization from the City i o i ted to act to prevent threatened damage, injury or loss. The Contractors the Project Manager prompt written notice of any significant changes i ork or deviations from the Contract Documents caused thereby. 8.20 Risk of Loss: The risk of los or destruction shall be on the Contractor until acceptance of the Work by e i y. Title to the Work shall pass to the City upon acceptance of the Work b h e ty. 8.21 Environmental: The ctor has fully inspected the Premises and agrees, except as to the presenc o y asbestos, to accept the Premises in an "as is" physical condition, witho re entation or warranty by the City of any kind, including, without limitation, an an I existing environmental claims or obligations that may arise from the presen ny "contamination" on, in or about the Premises. Further, Contractor and all .tle (aiming by, through or under the Contractor, releases and discharges the ro any claim, demand, or cause of action arising out of or relating to the C r 's use, handling, storage, release, discharge, treatment, removal, transport, mination, cleanup, disposal and/or presence of any hazardous substances i u ing asbestos on, under, from or about the Premises. The Contractor shall have liability for any pre-existing claims or"contamination" on the Premises. The Contractor shall not use, handle, store, discharge, treat, remove, transport, or dispose of Hazardous Substances including asbestos at, in, upon, under, to or from the Premises until receipt of instructions from the City. As such time, a City approved Change Order, which shall not include any profit, shall authorize the Contractor to perform such services. C-13 The Contractor shall immediately deliver to the Project Manager complete copies of all notices, demands, or other communications received by the Contractor from any governmental or quasi-governmental authority or any insurance company or board of fire underwriters or like or similar entities regarding in any way alleged violations or potential violations of any Environmental Law or otherwise asserting the existence or potential existence of any condition or activity on the Premises which is or could be dangerous to life, limb, property, or the environment. For other and additional consideration, the Contractor hereby agrees, at its le cost and expense, to indemnify and protect, defend, and hold harmless the d its respective employees, agents, officials, officers, representatives, co s and subcontractors, successors, and assigns (hereafter the "City") from a inst any and all claims, demands, losses, damages, costs, expenses, inclu n not limited to mitigation, restoration, and natural restoration expenses li i assessments, fines, penalties charges, administrative and judicial pr otte i s and orders, judgments, causes of action, in law or in equity, remedial quirements and/or enforcement actions of any kind (including, without lim attorneys' fees and costs) directly or indirectly arising out of or attributa a in whole or in part, the Contractor's use, handling, storage, release, threate ase, discharge, treatment, removal, transport, decontamination, cleanup, di osal and/or presence of a Hazardous Substance (excluding asbestos) on, r, from, to or about the Premises or any other activity carried on or undertake o off the Premises by the Contractor or its employees, agents or subcontra . connection with the use, handling, storage, release, threatened release, d g , treatment, mitigation, natural resource restoration, removal, transport, deco mi a ion, cleanup, disposal and/or presence or any Hazardous Substance inclu n estos located, transported, or present on, undue, from, to, or about the s. This indemnity is intended to be operable under 42 U.S.C. sections 96 amended, and any successor section. The scope of the ind i obligations includes, but is not limited to: (a) all consequential dama the cost of any required or necessary repair, cleanup, or detoxification of th ap able real estate and the preparation and implementation of any closure, re i other required plan, including without limitation; (i) the costs of removal or r e action incurred by the United Station government or the State of Florida or o se costs incurred by any other person, or damages from injury to destruc ' of r loss of, natural resources, including the cost of assessing such injury, destr i or loss, incurred pursuant to the Comprehensive Environmental R Compensation and Liability Act, as amended; (ii) the clean-up costs, fines, s, or penalties incurred pursuant to any applicable provisions of Florida law; a ii) the cost and expenses of abatement, correction or cleanup, fines, damages, r ponses costs, or penalties which arise from the provisions of any other statue, law, regulation, code ordinance, or legal requirement state or federal; and (c) liability for personal injury or property damage arising under any statutory or common law tort theory, including damages assessed for the maintenance of a public private nuisance, response costs, or for the carrying on of an abnormally dangerous activity. 8.22 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any other reason or C-14 allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticip ed and agreed upon by both the City and the Contractor. 8.23 No Liens: If any Subcontractor, supplier, laborer, or materialmen of r or any other person directly or indirectly acting for or through Contractor 'Ie ttempts to file a mechanic's or construction lien against the real property the work is performed or any part or against any personal property or o ments or claim against any monies due or to become due from the o ontractor or from Contractor to a Subcontractor, for or on account of any w or, services, material, equipment, or other items furnished in connection with t e rk or any Change Order, Contractor agrees to satisfy, remove, or discharg lien or claim at its own expense by bond, payment, or otherwise within t en 0) days of the filing or from receipt of written notice from the City. Additionally, until such time as such lien is satisfied, removed or discharged by Contractor, all monies due to Cont r t that become due to Contractor before the lien or claim is satisfied, remove r erwise discharged, shall be held by City as security for the satisfaction, remo I discharge of such lien and any expense that may be incurred while obtainin If Contractor shall fail to do so, City shall have the right, in addition to all of r s and remedies provided by this Agreement or by law, to satisfy, remove, dihipharge such lien or claim by whatever means City chooses at the entire Ie cost and expense of Contractor which costs and expenses shall, wit itation, include attorney's fees, litigation costs, fees and expenses and all c rt is and assessments. 8.24 Weather Emaraa s: Upon issuance of a Hurricane Watch by the National Weather Service, th ractor shall submit to the City a plan to secure the work area in the event a rri ne Warning is issued. The plan shall detail how the Contractor will secur emises, equipment and materials in a manner as to prevent damage to th and prevent materials and equipment from becoming a hazard to persons perty on and around the Premises. The plan shall include a time schedule r ed to accomplish the hurricane preparations and a list of emergency contacts t will be available and in the City before, during and immediately after the storm. Upon issuance of a Hurricane Warning by the National Weather Service, if the Contractor has not already done so, the Contractor shall implement its hurricane preparedness plan. Cost of development and implementation of the hurricane preparedness plan shall be considered as incidental to construction. Cost of any clean up and rework required after the storm will be considered normal construction risk within Florida and shall not entitle the Contractor to any additional compensation. Contractor shall be entitled to request an extension in time for completion of the Work, C-15 in accordance with the provisions of Article 15 of this Agreement, equal to the time he is shut down for implementation of the preparedness plan, the duration of the storm and a reasonable period to restore the Premises. 8.25 Force Majeure: No Party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of the other party or that could not have been reasonably foreseen and prevented. For this purposes, such acts or circumstances shall include, but not be limited to weather conditions affecting performance, floods, epidemics, w , riots, strikes, lockouts, or other industrial disturbances, or protect demonstratio hould such acts or circumstances occur, the parties shall use their best effort rcome the difficulties arising therefrom and to resume the Work as soo asonably possible with the normal pursuit of the Work. Inclement weather, continuous rain for less thanthree ( or the acts or omissions of subcontractors, third-party contractors, mate a suppliers, or their subcontractors, shall not be considered acts of force maje No Party shall be liable for its failure to carry out its ions under the Agreement during a period when such Party is rendered un le orce majeure to carry out its obligation, but the obligation of the Party or Pa lying on such force majeure shall be suspended only during the continuance of bility and for no longer period than the unexpected or uncontrollable event. The Contractor further agrees and ip ates, that its right to excuse its failure to perform by reason of force majeu be conditioned upon giving written notice of its assertion that a Force Maje has commenced within 96 hours after such an occurrence. The CONTRA s all use its reasonable efforts to minimize such delays. The CONTRACT a I promptly provide an estimate of the anticipated additional time required plete the Project. 8.26 PARTICIPATION B DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT CEZ22SNSPORTATION FINANCIAL ASSISTED CONTRACTS: The recipient sha no criminate on the basis of race color, national origin or sex in the award and mance of any DOT-assisted contract or in the administration of its DBE Pd r the requirements of 49 CFR part 26. The recipient shall take all nece reasonable steps under 49 CFR part 26 to ensure nondiscrimination in th administration of DOT-assisted contracts. The recipient's DBE program, r ired by 49 CFR part 26 and as approved by DOT, is incorporated by reference i agreement. Implementation of this program is a legal obligation and failure to c ry out its terms shall be treated as a violation of this agreement. Upon notification to he recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Additionally, the contractor assures that they, the sub recipient or the subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of C-16 Rev. 3/11/2013 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. (This additional language must be included in each subcontract the prime contractor signs with a subcontractor.) ARTICLE 9 — CITY'S RESPONSIBILITIES 9.1 The City shall furnish the data required of the City under the Contract Do uments promptly and shall make payments to the Contractor promptly after they a ue as provided in Article 7. 9.2 The City's duties in respect of providing lands and easement providing engineering surreys to establish reference points are set fo e Contract Documents. 9.3 Technical Clarifications and Interpretations: 9.3.1 The City shall issue, with reasonable prompt s s ch written clarifications or interpretations of the Contract Documents may determine necessary, which shall be consistent with or reason in rable from the overall intent of the Contract Documents. Should the or fail to request interpretation of questionable items in the Contract u nts, the City shall not entertain any excuse for failure to execute the k a satisfactory manner. 9.3.2 The City shall interpret and matters concerning performance under the requirements of the Co t ocuments, and shall make decisions on all claims, disputes or of ers in question. Written notice of each claim, dispute or other matt it a delivered by claimant to the other Party but in no event later than days after the occurrence of event, and written supporting dat submitted to the other Party within five (5) days after such occurre written decisions of the City on any claim or dispute will be final and 9.4 The Contr o shall perform all Work to the reasonable satisfaction of the City in accorda a he Contract Documents. In cases of disagreement or ambiguity, the City s e all questions, difficulties, and disputes of whatever nature, which may arise er or by reason of this Agreement or the quality, amount and value of the W d the City's decisions on all claims, questions and determination are final. ARTICLE 10 — BONDS AND INSURANCE 10.1 Public Construction and Other Bonds: The Contractor shall furnish Public Construction or Performance and Payment Bonds ("Bond"), each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. These Bonds shall remain in effect until at least one (1) year after the date of final payment, except as otherwise provided by law. All Bonds shall be furnished and provided by the surety and shall be in substantially the same form as prescribed by the Contract Documents and be executed by such sureties as (i) are licensed to conduct business in the State C-17 of Florida, and (ii) are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department and (iii) otherwise meet the requirements set forth herein that apply to sureties. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 10.1.1 Performance Bond: A Corporate Surety Bond legally issued, meeting the approval of, and running to the City in an amount not less than the ontract Price of such improvements, conditioned that the Contractor shall mai in and make all repairs to the improvements constructed by the Contracto e own expense and free of charge to the City, for the period of one (1 ter the date of acceptance of the Work within such period by of any imperfection of the material used or by reason of any defec kmanship, or any improper, imperfect or defective preparation of the e pon which any such improvement shall be laid. 10.2 Disqualification of Surety: If the Surety on any Bond ed by the Contractor is declared bankrupt or becomes insolvent or its right t d iness is terminated in the State of Florida or it ceases to meet the require s of clauses (i) and (ii) of Paragraph 10.1, the Contractor shall within five d s thereafter substitute another Bond and Surety, both of which shall be acce the City. 10.3 Insurance 10.3.1 Contractor shall provide hall require all of its sub-contractors to provide, pay for, and t in in force at all times during the term of the Agreement, such i e, including Property Insurance (Builder's Risk), Commercial Ge iability Insurance, Business Automobile Liability Insurance, s Compensation Insurance, Employer's Liability Insurance, rella / Excess Liability, as stated below. Such policy or policies s issued by companies authorized to do business in the State of Flor having agents upon whom service of process may be made in the St e f Florida. A. City is required to be named as additional insured on the ommercial General Liability insurance policy. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for the work contemplated in this Agreement shall be deemed unacceptable, and shall be considered a breach of contract. B. The Contractor shall provide the City an original Certificate of Insurance for policies required by Article 10. All certificates shall state that the City shall be given ten (10) days' notice prior to expiration or cancellation of the policy. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to C-18 provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Finance Department. Such policies shall: (1) name the insurance company or companies affording coverage acceptable to the City, (2) state the effective and expiration dates of the policies, (3) include special endorsements where necessary. Such policies provided under Article 10 shall not be affected by any other policy of insurance, which the City may carry in its own name. C. Contractor shall as a condition precedent of this Agreement, ish to the City of Fort Lauderdale, c/o Project Manager, 100 n rews Avenue, Fort Lauderdale, FL 33301, Certificate(s) of I ce upon execution of this Agreement, which indicate that insura erage has been obtained which meets the requirements as outl" ow: 10.3.2 Property Insurance (Builder's Risk): The Contra all purchase and maintain property insurance upon the Work at o site of 100% of the contract completed value. These policies I sure the interest of the owner, contractor and subcontractors it , and shall insure against "all risks" of physical loss and damage ding theft, vandalism and malicious mischief, collapse and wate a e. All such insurance required by this paragraph shall remain in ntil the Work is completed and accepted by the City. 10.3.3 Commercial General Liabilit A. Limits of Liability: Bodily Injury an y Damage - Combined Single Limit Each Occurre $170007000 Project Ag $170007000 General to $270007000 Perso ry $170007000 Pr / ompleted Operations $170007000 B. dorsements Required: of Fort Lauderdale included as an Additional Insured road Form Contractual Liability Waiver of Subrogation Premises/Operations Products/Completed Operations Independent Contractors Owners and Contractors Protective Liability Contractors Pollution Liability 10.3.4 Business Automobile Liability A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit All Autos used in completing the contract Including Hired, Borrowed or Non-Owned Autos C-19 Any One Accident $1,000,000 B. Endorsements Required: Waiver of Subrogation 10.3.5 Workers' Compensation and Employer's Liability Insurance Limits: Workers' Compensation — Per Florida Statute 440 Employers' Liability - $500,000 Any firm performing work on behalf of the City of Fort Lau r le must provide Workers' Compensation insurance. Exceptions and ns can only be made if they are in accordance with Florida Law. Contractor must be in compliance with all applica t e and Federal workers' compensation laws, including the U.S. Lo Harbor Workers' Act or Jones Act. 10.3.6 Umbrella/Excess Liability: The Contractors rovide umbrella / excess coverage with limits of no less than $2, 00 excess of Commercial General Liability, Automobile Liability an m loyer's Liability. 10.3.7 All insurance policies required o shall be issued by companies authorized to do business un aws of the State of Florida, with the following qualifications: The Contractor's insuran u be provided by an A.M. Best's "A-" rated or better insurance company a to issue insurance policies in the State of Florida, subject to approval h ity's Risk Manager. Any exclusions or provisions in the insurance maint y the Contractor that precludes coverage for work contemplated in ject shall be deemed unacceptable, and shall be considered breach of co NOTE: C PROJECT NUMBER MUST APPEAR ON EACH CERTI C i nce with the foregoing requirements shall not relieve the Contractor th i liability and obligation under this section or under any other section of i Agreement. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the Project. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates that cover the contractual period, the City shall: A. Suspend the Agreement until such time as the new or renewed certificates are received by the City. C-20 B. The City may, at its sole discretion, terminate the Agreement for cause and seek damages from the Contractor in conjunction with the violation of the terms and conditions of the Agreement. ARTICLE 11-WARRANTY AND GUARANTEE, TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.1 Warranty: The Contractor warrants and guarantees to the City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt tice of all defects shall be given to the Contractor. All defective work, whether or n place, may be rejected, corrected or accepted as provided in this Article. 11.1.1 Warranty of Title: The Contractor warrants to the City that it ses good, clear and marketable title to all equipment and materials pr nd that there are no pending liens, claims or encumbrances agai a equipment and materials. 11.1.2 Warranty of Specifications: The Contractor n s that all equipment, materials and workmanship furnished, wheth hed by the Contractor, its subcontractors or suppliers, will comply with pecifications, drawings and other descriptions supplied or adopted a d at II services will be performed in a workmanlike manner. 11.1.3 Warranty of Merchantability: a ontractor warrants that any and all equipment to be supplied purs t t his Agreement is merchantable, free form defects, whether patent or I n material or workmanship, and fit for the ordinary purposes for whi is intended. 11.2 Tests and Inspections: The t for shall give the Project Manager timely (minimum of thirty six (36) hours) f readiness of the Work for all required inspections, tests, or approvals. 11.2.1 If any law nce, rule, regulation, code or order of any public body having jurisdictio r uires any Work (or part thereof) to specifically be inspected, teste approved, the Contractor shall assume full responsibility, pay all costs in co tion therewith and furnish the Project Manager the required tes of inspection, testing or approval. The Contractor shall also be onsible for and shall pay all costs in connection with any inspection or ting required in connection with the City's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation of the Work. 11.2.2 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by the City or by a professional testing firm designated by the City. The City will pay for sampling and testing if the test results are passing. The Contractor will reimburse the City for sampling, testing, and retesting costs associated with failing tests. C-21 11.2.3 Neither observations by the Project Manager nor inspections, tests or approvals by others shall relieve the Contractor from his obligations to perform the Work in accordance with Contract Documents. 11.3 Uncovering Work: If any work that is to be inspected, tested or approved is covered without approval or consent of the Project Manager, it must, if requested by the Project Manager, be uncovered for observation and/or testing. Such uncovering and replacement shall be at the Contractor's sole expense unless the Contractor has given the Project Manager timely notice of the Contractor's intention to cover such Work and the Project Manager has not acted with reasonable promptness in respon o such notice. 11.3.1 If the Project Manager considers it necessary or advisable that overed in accordance with Paragraph 11.2.1, 11.2.2 and 11.2.3 be by the City or inspected or tested by others, the Contractor at t request, shall uncover, expose of otherwise make available for o on, inspection or testing as the Project Manager may require, t on of the Work in question, furnishing all necessary labor, materia equipment. If it is found that such Work is defective, the Contractor s II all the expenses of such uncovering, exposure, observation, inspectio testing and of satisfactory reconstruction, including compensation f di nal professional services, and an appropriate deductive Change Ord e issued. If, however, such work is not found to be defective, the Co ct r shall be allowed an increase in the Contract Price or an extensio o e Contract Time, or both, directly attributable to such uncoverin xp sure, observation, inspection testing and 1101 truction if he makes a erefor as provided in Articles 14 and 15. 11.4 City p the Work: If rk is defective, or the Contractor fails to supply sufficilled superviso s nel or workmen or suitable materials or equipment or thearea is de u safe, the City may order the Contractor to stop the Work, y portion until the cause for such order has been eliminated; howeright ity to stop the Work shall not give rise to any duty on the part oity t e this right for the benefit of the Contractor or any other party. The Cnot w rd any increase in Contract Price or Contract Time if the Work is stoppthe circumstances described herein. 11.5 Correemoval of Defective Work Before Final Payment- If required by the Proj anager, the Contractor shall promptly, without cost to the City and as Sp by the Project Manager, either correct any defective Work, whether or not ted, installed or completed, or if the Work has been rejected by the City remove m the site and replace it with non-defective Work. 11.6 One Year Correction Period After Final Payment: If within one (1) year after the date of final acceptance, or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with non-defective Work. C-22 If The Contractor does not promptly comply with the terms of such instructions or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs for such removal and replacement, including compensation for additional professional services, shall be paid by the Contractor. 11.7 Acceptance of Defective Work, Deductions: If, instead of requiring correction or removal and replacement of defective Work, the City, at the city's sole option, prefers to accept it, the City may do so. In such a case, if acceptance occurs prio to the Project Manager's recommendation of final payments, a Change Order shall issued incorporating the necessary revisions in the Contracts Documen c ding appropriate reduction in the Contract Price; or if the acceptance oc r r such recommendation, an appropriate amount shall be paid by the Contrac e City. 11.8 City May Correct Defective Work: If the Contractor fails within s able time after written notice of the Project Manager to proceed to corr ctive Work or to remove and replace rejected Work as required by the Pro' c ager in accordance with Paragraph 11.5, or if the Contractor fails to perfor ork in accordance with the Contract Documents, the City may, after seve ays written notice to the Contractor, correct and remedy any such deficiency. xercising its rights under this paragraph, the City shall proceed expeditiously th extent necessary to complete corrective and remedial action, the City may the Contractor from all or part of the site, take possession of all or part of t o k, suspend the Contractor's services related thereto and take possession of a n ractor's tools, construction equipment and materials stored at the site or el h e. The Contractor shall allow the City's representative agents and employe access to the site as may be necessary to enable the City to exercise its ri u er this paragraph. All direct and indirect costs of the City in exercising suc shall be charged against the Contractor in an amount verified by the P t anager, and a Change Order shall be issued incorporating the neces v sions in the Contract Documents and a reduction in the Contract Price. rect and indirect costs shall include, in particular but without limitation, c sation for additional professional services required and costs of repair and re nt of work of others destroyed or damaged by correction, removal orre I e nt of the Contractor's defective Work. The Contractor shall not be allowed xtension of the Contract Time because of any delay in performance of the Work ttr ble to the exercise by the City of the City's right hereunder. ARTICLE 12 — INDEMNIFICATION 12.1 claimer of Liability: The City shall not at any time, be liable for injury or damage curring to any person or property from any cause, whatsoever, arising out of Contractor's construction and fulfillment of this agreement. 12.2 Indemnification: For other, additional good valuable consideration, the receipt and sufficiency of which is hereby acknowledged: 12.2.1 Contractor shall, at its sole cost and expense, indemnify and hold harmless the City, its representatives, employees and elected and appointed officials from or on account of all claims, damages, losses, liabilities and expenses, direct, C-23 indirect or consequential including but not limited to fees and charges of engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include but not be limited to claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the project and Work of this Agreement; (b) any act, omission or default of the Contractor, its Subcontractors, agents, servants or employees; (c) any and all bodily injuries, sickness, disease or death; (d) injury to or destruction of tangible p operty, including any resulting loss of use; (e) other such damages, liabilities losses received or sustained by any person or persons during or on ac t any operations connected with the construction of this Project includi arrancy period; (f) the use of any improper materials; (g) any co on defect including both patent and latent defects; (h) failure to time) to the work; (i) the violation of any federal state county or cit ordinances or regulations by Contractor, its subcontractors agent nts independent contractors or employees; (j) the breach or alleged y Contractor of any term of the Agreement, including the breach or reach of any warranty or guarantee. 12.2.2 Contractor agrees to indemnify, defend s giond hold harmless the City, its officers, agents and employees, fro ages, liabilities, losses, claims, fines and fees, and from any and s its and actions of every name and description that may be brou ainst City, its officers, agents and employees, on account of any im , fees, royalties, or costs for any invention or patent and/or for the infri t of any and all copyrights or patent rights claimed by any person, fir r orporation. 12.2.3 Contractor shall pa I 'ms, losses, liens, settlements or judgments of any nature in conne t' i the foregoing indemnifications including, but not limited to, reas torney's fees and costs for trails and appeals. 12.2.4 If any Su tr ctor, supplier, laborer, or materialmen of Contractor or any other e on directly or indirectly acting for or through Contractor files or atterto ile a mechanic's or construction lien against the real property on w 'ch work is performed or any part or against any personal property or ments thereon or make a claim against any monies due or to become e from the City to Contractor or from Contractor to a Subcontractor, for or on count of any work, labor, services, material, equipment, or other items furnished in connection with the Work or any change order, Contractor agrees to satisfy, remove, or discharge such lien or claim at its own expense by bond, payment, or otherwise within five (5) days of the filing or from receipt of written notice from the City. Additionally, unit such time as such lien or claim is satisfied, removed or discharged by Contractor, all monies due to Contractor, or that become due to Contractor before the lien or claim is satisfied, removed or otherwise discharged, shall be held by City as security for the satisfaction, removal and discharge of such lien and any expense that may be incurred while obtaining the discharge. If Contractor shall fail to do so, City shall have the right, in C-24 addition to all other rights and remedies provided by this Agreement or by law, to satisfy, remove, or discharge such lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without limitation, include attorney's fees, litigation costs, fees and expenses and all court costs and assessments, and which shall be deducted from any amount owing to Contractor. In the event the amount due Contractor is less than the amount required to satisfy Contractor's obligation under this, or any other article, paragraph or section of this Agreement, the Contractor shall be liable for the deficiency due the City. 12.2.5 The Contractor and the City agree that Section 725.06(2), Flo r Lutes controls the extent and limits of the indemnification and rmless provisions of this Agreement, if any, and that the parties wai defects in the wording of this Article that runs afoul of said statutory s ARTICLE 13 — CHANGES IN THE WORK 13.1 Without invalidating this Agreement, the City may, at e or from time to time order additions, deletions or revisions in the Work h the issuance of Change Orders. Upon receipt of a Change Order, the Contr shall proceed with the Work involved. All Work shall be executed under th Ii ble conditions of the Contract Documents. If any Change Order causes ase or decrease in the Contract Price or an extension or shortening of the tr Time, an equitable adjustment will be made as provided in Article 14 or A on the basis of a claim made by either Party. 13.2 The Project Manager may aut a minor changes in the work not involving an adjustment in the Contract P e Contract Time, which are consistent with the overall intent of the Contrac c encs. Such changes must be in writing and signed by the City and the Cont 13.3 If notice of any ch a fecting the general scope of the Work or change in the Contract Price i i d by the provisions of any Bond to be given to the Surety, it will be the Cont ct is responsibility to so notify the Surety, and the amount of each applicable s all be adjusted accordingly. The Contractor shall furnish proof of such adj t o the City. ARTICLE 14 — CHANGE OF CONTRACT PRICE Chane ntract Price, approved by CITY, shall be computed as follows: 14.1 ost of the Work: The term "Cost of the Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by the City, these costs shall be in amounts no higher than those prevailing in the City and shall include only the following items and shall not include any of the costs itemized in Paragraph 14.2- 14.1.1 Payroll costs for employees in the direct employ of the Contractor in the performance of the Work under schedules of job classifications agreed upon by the City and the Contractor. Payroll costs for employees not employed full time C-25 on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus and cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and applicable holiday pay. 14.1.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and required suppliers and field services. All cash discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to the City, and the tractor shall make provisions so that they may be obtained. 14.1.3 Supplemental costs including the following: 14.1.3.1 Cost, including transportation and mainte e f all materials, supplies, equipment, machinery, applian ce and temporary facilities at the site and hand tools ed by the workers, which are consumed in the perform f he Work. 14.1.3.2 Rentals of all construction equip and machinery and the parts whether rented from the C n ct r or others in accordance with rental agreements app y the City, and the costs of transporting, loading to ing, installation, dismantling and removal. The rent f y such equipment, machinery or parts shall cease when u is no longer necessary for the Work. 14.1.3.3 Sales, cons se or similar taxes related to the Work and for which the ctor is liable, imposed by laws and regulations. 14.1.3.4 Roy y encs and fees for permits and licenses. 14.1.3.5 ost of utilities, fuel and sanitary facilities at the Work site. 14.1.3.6 inor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 1.3.7 Cost of premiums for additional bonds and insurance required because of changes in the Work. 14. Contract Price may only be increased by a Change Order when Work is modified accordance with Article 13 and approved by the CITY in writing. Any claim for an increase in the Contract Price resulting from a Change Order shall be based on written notice delivered to the Project Manager within ten (10) days of the occurrence of the Change Order giving rise to the claim. Notice of the amount of the claim with supporting data shall be included in the Change Order and delivered within twenty (20) days of such occurrence unless Project Manager allows an additional period of time to ascertain accurate cost data. Any change in the Contract Price resulting from any such claim shall be incorporated in the Change Order. C-26 14.3 Not Included in the Cost of the Work: The term "cost of the Work" shall not include any of the following: 14.3.1 Payroll costs and other compensation of the Contractor's officers executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditor, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by the Contractor whether at the site or in the Contractor's principal or branch office for general administration of the work and not sp cifically included in the agreed upon schedule of job classifications refer to in Paragraph 14.1.1, all of which are to be considered adminis a osis covered by the Contractor's fee. 14.3.2 Expenses of the Contractor's principal and branch off er than the Contractor's office at the site. 14.3.3 Any part of the Contractor's capital expenses i ng interest on the Contractor's capital employed for the Work and s against the Contractor for delinquent payments. 14.3.4 Cost of premiums for all bonds and f r II insurance whether or not the Contractor is required by the Contract nts to purchase and maintain the same. 14.3.5 Costs due to the negligencehe ontractor, any subcontractor, or anyone directly or indirectly employe ny of them or for whose acts any of them may be liable, including n t limited to, the correction of defective Work, disposal of materials pment wrongly supplied and making good any damage to property. 14.3.6 Other overhea ral expense costs of any kind and the costs of any item not specifica expressly included in Paragraph 14.1 14.4 Basis of Com ei at' n. The Contractor's compensation, allowed to the Contractor for overhead aIl ro i shall be determined as follows: 14.4.1 Ily acceptable negotiated fee: .4.1.1 For costs incurred under Paragraphs 14.1.1 and 14.1.2, the Contractor's fee shall not exceed five percent (5%). 14.4.1.2 No fee shall be payable on the basis of costs itemized under Paragraphs 14.1.3.1, 14.1.3.2, 14.1.3.3, 14.1.3.4, 14.1.3.5, 14.1.3.6, 14.1.3.7, 14.3.1, 14.3.2, 14.3.3, 14.3.4, 14.3.5 and 14.3.6. 14.4.1.3 The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease plus a deduction in the Contractor's fee by an amount equal to five percent (5%) for the net decrease. C-27 14..1.4 When both additions and credits are involved in any one change the combined overhead and profit shall be figured on the basis of net increase if any, however, not to exceed five percent (5%) of the agreed compensation. Profit will not be paid on any Work not performed. 14.5 Cost Breakdown Required: Whenever the cost of any Work is to be determined pursuant to this Article, the Contractor will submit in form acceptable to the City an itemized cost breakdown together with supporting documentation. Whenever a change in the Work is to be based upon mutual acceptance of a lump sum whether the amount is an addition, credit, or no-charge-in-cost, the Contractor shall mit an estimate substantiated by a complete itemized breakdown: 14.5.1 The breakdown shall list quantities and unit prices for Is, labor, equipment and other items of cost. 14.5.2 Whenever a change involves the Contractor a (1) or more subcontractors and the change is an increase in th compensation, the overhead and profit percentage for the Contract each subcontractor shall be itemized separately. 14.6 Time for the City to Approve Extra Work: Any Zrk in an amount up to and not exceeding a cumulative amount of $25,000 fNcific project can be approved by the City Manager and shall require a writte a ge Order proposal to be submitted to the Public Works Director for submittal a roval by the City Manager. Extra Work exceeding the cumulative amount of 0 for a specific project must be approved by the City Commission and a writ ange Order proposal must be submitted to the Public Works Director for s it I and approval by the City Manager and City Commission. No financial o aim for delay to the project resulting from the Change Order approval pro tlined above under Section 14.6 will be allowed. ARTI — CHANGE OF THE CONTRACT TIME 15.1 The Contract T e ay only be changed by a Change Order. Any claim for an extension i Contract Time shall be based on written notice delivered to the Project Manager it ive (5) days of the occurrence of the event giving rise to the claim. Any c the Contract Time resulting from any such claim shall be incorporated in a e Order. 15.2 ontract Time will be extended in an amount equal to time lost due to delays and the control of the Contractor if a claim is made there for as provided in aragraph 15.1. Such delays shall include but not be limited to, acts or neglect by the City, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. 15.3 All time limits stated in the Contract Documents are of the essence. The provisions of this Article 15 shall not exclude recovery for damages for delay by the Contractor. 15.4 Delays caused by or resulting from entities, contractors or subcontractors who are not affiliated with the CONTRACTOR (non-affiliated Contractors) shall not give rise to a Rev. 8/13/2013 C-28 claim by the CONTRACTOR for damages for increases in material and/or labor costs. Such entities, contractors and subcontractors include, but are not limited to, the City's contractors and subcontractors, Florida Power and Light Company, AT&T and Florida East Coast Railway, LLC. ARTICLE 16 — LIQUIDATED DAMAGES 16.1 Upon failure of the Contractor to complete the Work within the time specified for completion, the Contractor shall pay to the City the sum of Five Hundred ollars ($500.00) for each and every calendar day that the completion of the Work played beyond the time specified in this Agreement for completion, as fixed reed liquidated damages and not as a penalty, so long as the delay is by the Contractor. Should an act of God or the acts or omissions of the agents or representatives, in derogation to the terms of this Agreement e delay, the Contractor shall not be responsible for the delay nor liquidate es. Liquidated damages are fixed and agreed upon between the Parties, re c i g the impossibility of precisely ascertaining the amount of damages that will ned by the City as a consequence of such delay and both parties desirin obviate any question of dispute concerning the amount of damages and the os effect of the failure of the Contractor to complete the Work on time. Liquidate ages shall apply separately to each portion of the Work for which a time m letion is given. The City shall have the right to deduct from or retain any c tion which may be due or which may become due and payable to the Contr to he amount of liquidated damages, and if the amount retained by the Cit ufficient to pay in full such liquidated damages, the Contractor shall pay all ui ed damages in full. The Contractor shall be responsible for reimbursing the in addition to liquidated damages or other damages for delay, for all costs n sneering, architectural fees, and inspection and other costs incurred in ad g the construction of the Project beyond the completion date specified a nd an approved extension of time granted to the Contractor whichever is I D lays caused by or resulting from entities, contractors or subcontractors wh t affiliated with the Contractor shall not give rise to a claim by Contracto amages for increase in material and/or labor costs. Such entities, contrac subcontractors include, but are not limited to, the CITY's contractors and b ontractors, Florida Power and Light Company, AT&T, and Florida East Coast 'way, LLC. 16.2 No Ex amages: For other and additional good and valuable consideration the recei d sufficiency of which is hereby acknowledged, the Contractor covenants an es that in the event of any delay of construction or for any reason, allegation .m, and notwithstanding the reason of the delay, reason, claim or allegation or caused them or the construction delay or whether they were caused by the City, at there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. C-29 ARTICLE 17 — SUSPENSION OF WORK AND TERMINATION 17.1 City May Suspend Work: The City may, at any time and without cause, suspend the Work or any portion of the Work for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. The Contractor shall resume the Work on the date fixed. The Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, if the Contractor makes a claim as provided in Articles 14 and 15. 17.2 City May Terminate Work: The City retains the right to terminate this Agr n , with thirty (30) days prior written notice. Additionally, the City may also in to this Agreement upon 15 days' notice upon the occurrence of any on re of the following events: 17.2.1 If the Contractor commences a voluntary case or a p i filed against the Contractor, under any chapter of the Bankruptcy or if the Contractor takes any equivalent or similar action by filing a i or otherwise under any other federal or state law in effect at such ti ting to the bankruptcy or insolvency. 17.2.2 If the Contractor makes a general assi or the benefit of creditors. 17.2.3 If a trustee, receiver, custodian of the Contractor is appointed under applicable law or under Con t hose appointment or authority to take charge of property of the for is for the purpose of enforcing a lien against such property o t e purpose of general administration of such property for the benefit ontractor's creditors. 17.2.4 If the Contractor to tly fails to perform the Work in accordance with the Contract Docu ncluding but not limited to, failure to supply sufficient skilled Work suitable materials or equipment or failure to adhere to the progress as same may be revised from time to time. 17.2.5 If th tractor repeatedly fails to make prompt payments to subcontractors or for lab aterial or equipment. 17.2. he Contractor repeatedly disregards proper safety procedures. If the Contractor disregards any local, state or federal laws or regulations. .2.8 If the Contactor otherwise violates any provisions of this Agreement. 17.3 Further, the Contractor may be excluded from the Work site and the City take possession of the Work and of all the Contractor's tools, appliances, construction equipment and machinery at the site and use them without liability to the City for trespass or conversion, incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as the City may deem expedient. In this instance, the Contractor shall not be entitled to receive any further compensation until the Work is finished. C-30 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels r basis such claims may have, or any business damages or losses of whatever type atu re, and Contractor hereby waives any right to make any such claim or s. This provision will have application and effect when construction delays are a ed and agreed upon by both the City and the Contractor. 17.4 If the Contractor commits a default due to its insolvency orb y, the following shall apply: 17.4.1 Should this Agreement be entered into and fully ted by the parties, funds released and the Contractor (Debtor) files fo uptcy, the following shall occur: 17.4.1.1 In the event the Contactor f' Iuntary petition under 11 U.S.C. 301 or 302, or an order fo lie is entered under 11 U.S.C. 303, the Contractor shall ackno a extent, validity, and priority of the lien recorded in favor he ity. The Contractor further agrees that in the event of this def e City shall, at its option, be entitled to seek relief from the is stay pursuant to 11 U.S.C. 362. The City shall be entitl ief from the automatic stay pursuant to 11 U.S.C. 362(d) (1) ) 2), and the Contactor agrees to waive the notice provisio e ect pursuant to 11 U.S.C. 362 and any applicable Local f the United States Bankruptcy Court. The Contactor ack ges that such waiver is done knowingly and voluntarily. 17.4.1.2 to atively, in the event the City does not seek stay relief, or if stay re ief is denied, the City shall be entitled to monthly adequate rotection payments within the meaning of 11 U.S.C. 361. The monthly adequate protection payments shall each be in an amount determined in accordance with the Note and Mortgage executed by the Contractor in favor of the City. 17.4.1.3 In the event the Contractor files for bankruptcy under Chapter 13 of Title 11, United States Code in additional to the foregoing provisions, the Contractor agrees to cure any amounts in arrears over a period not to exceed twenty-four (24) months from the date of the confirmation order, and such payments shall be made in addition to the regular monthly payments required by the Note and mortgage. Additionally, the Contractor shall agree that the City is over secured and, therefore, entitled to interest and attorney's fees pursuant to 11 U.S.C. 506(b). Such fees shall be allowed and payable as an administrative expense. Further, in the event the Contractor has less C-31 than five (5) years of payments remaining on the Note, the Contractor agrees that the treatment afforded to the claim of the City under any confirmed plan of reorganization shall provide that the remaining payments shall be satisfied in accordance with the Note, and that the remaining payments or claim shall not be extended or amortized over a longer period than the time remaining under the Note. 17.4.2 Should this Agreement be entered into and fully executed by the parties, and the funds have not been forwarded to Contractor, the following shall occ r- 17.4.2.1 In the event the Contractor files a voluntary petition pu t o 11 U.S.C. 301 or 302, or an order for relief is entered u U.S.C. 303., the Contractor acknowledges that the com ent of a bankruptcy proceeding constitutes an event of de er the terms of this Agreement. Further, the Contractor dges that this Agreement constitutes an executor contract i i e meaning of 11 U.S.C. 365. The Contractor acknowledg a is Agreement is not capable of being assumed pursuant to W 365(c)(2), unless the City expressly consents in writing to h s umption. In the event the City consents to the assumption, the ractor agrees to file a motion to assume this Agreement with' 0) days after receipt of written consent from the City, r s of whether the bankruptcy proceeding is pending un C Ater 7, 11, or 13 of Title 11 of the United States Code. T n ractor further acknowledges that this Agreement is not ca Ie f being assigned pursuant to 11 U.S.C. 365(b)(1). 17.5 Where the Contractor's servi been so terminated by the City, the termination shall not affect any rights of y against the Contractor then existing or which may thereafter accrue. Any r n or payment of moneys due the Contractor by the City will not release the Co from liability. 17.6 The Contractor o ight, authority or ability to terminate the Work except for the wrongful withhol in of any payments due the Contractor from the City. ARTICLE 18 — NOTICES 18.1 All n s required by any of the Contract Documents shall be in writing and shall be de delivered upon mailing by certified mail, return receipt requested to the g: To th ity: City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 C-32 with copy to the Project Manager and City Attorney City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 To the Contractor: ARTICLE 19 — LIMITATION OF LIABILIT"i("�' 19.1 The City desires to enter into this Agreement only if �p �so doing the City can place a limit on the City's liability for any cause of action arising out of this Agreement, so that the City's liability for any breach never exceeds,"`k i6"sum of $1. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor expresses its willingness `fio enter into this Agreement with the knowledge that the Contractor's recovery from the City to any action or claim arising from the Agreement is limited to a mAxi orn amount of $1,000, which amount shall be reduced by the amount actually paid,,`;by the City to the Contractor pursuant to this Agreement, for any action or claim,",ansing out of this Agreement. Nothing contained in this paragraph or elsewhere`in this Agreement is in any way intended either to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes or to,,,,e,, „�d�the City's liability beyond the limits established in said Section 768.28; and ria` claim or award against the City shall include attorney's fees, investigative costs,,bx,port fees, suit costs or pre judgment interest. 19.2 No Extended C amages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agribe8,.that in the event of any delay of construction or for any reason, allegation or cla'Wii and notwithstanding the reason of the delay, reason, claim or allegation or wh61used them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial ,,,damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. C-33 ARTICLE 20 — GOVERNING LAW 20.1 This Agreement shall be governed by the laws of the State of Florida. Both Parties agree that the courts of the State of Florida shall have jurisdiction of any claim arising in connection with this Agreement. Venue for any claim, objection or dispute arising out of this Agreement shall be in Broward County, Florida. ARTICLE 21 — MISCELLANEOUS 21.1 The duties and obligations imposed by this Agreement and the rights and remedies available to the parties and, in particular but without limitation, the,,. warrnties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City, are in addition to and etre ",,not to be construed in any way as a limitation of, any rights and remedies ava'lable to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contraet"�D'oeuments, and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents, and the provisions of this Paragrpph will survive final payment and termination or completion of this Agreement. 21.2 The Contractor shall not assign or transfer phi's, Agreement or its rights, title or interests. The obligations undertaken by the Cb"ttractor pursuant to this Agreement shall not be delegated or assigned to any other person or firm. Violation of the terms of this Paragraph shall constitute a material" breach of Agreement by the Contractor and the City any, at its discretion, cancel•-this Agreement and all rights, title and interest of the Contractor which shall'irnmediately cease and terminate. 21.3 The Contractor and its employ'ee'. "volunteers and agents shall be and remain an independent contractors and"'hot agents or employees of the City with respect to all of the acts and services pe6rmed by and under the terms of this Agreement. This Agreement shall not ip,6,y„w6y be constructed to create a partnership, association or any other kind of loint"u, rtaking or venture between the Parties. 21.4 The City reserves the right to audit the records of the Contractor relating in any way to the Work ti be "performed pursuant to this Agreement at any time during the performance ,,errd term of this Agreement and for a period of three (3) years after completibn and acceptance by the City. If required by the City, the Contractor agrees to submit to an audit by an independent certified public accountant selected by the City"�"��TheContractor shall allow the City to inspect, examine and review the records of thet"""Contractor at any and all times during normal business hours during the term of '7 h,rs Agreement. 21.5 The remedies expressly provided in this Agreement to the City shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of the City now or later existing at law or in equity. 21.6 Should any part, term or provisions of this Agreement be decided by the courts to be invalid, illegal or in conflict with any state or federal law, the validity of the remaining portion or provision shall not be affected. C-34 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows: CONTRACTOR: WITNESSES: (insert contractor's name) (Signature) By: (Witness print/type name) (Signature) (Signature) (Print Name and Title) (Witness print/type name) (Corporate Seal) Attest: By: (Signature, (Print/type name)' CITY: City tfFort Lauderdale, a municipal corporation of the State of Florida By: LEE R. FELDMAN, City Manager 1„ (Corporate Seal) ATTEST: f By: JONDA K. JOSEPH, City Clerk ' tr APPROVED AS TO FORM: By: CARRIE L. SARVER Assistant City Attorney C-35 ACKNOWLEDGEMENT OF CONTRACTOR STATE OF: COUNTY OF The foregoing instrument was acknowledged before me this day of 20 bV and '4 t` id......tti(, as and respectively, of a " F x corporation, on behalf of the corporation, who is ❑ personally known to "has produced as identification. (SEAL) Notary Public, 5tete of Florida (Sig natures�f,Notary taking Acknowledgement) J; Nene of Notary Typed, Printed or Stamped My Commission Expires: f; ommission Number ;i C-36 GENERAL CONDITIONS Unless otherwise modified in the projects special conditions, the following General Conditions shall be part of the Contract: GC - 01 - DEFINITIONS - The following words and expressions, or pronouns used in their stead, shall wherever they appear in the Contract and the Contract Documents, be construed as follows: "Addendum" or "Addenda" - shall mean the additional Contract provisions issued in writing, by the Engineer, prior to the receipt of bids. "Bid" — shall mean the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. "Bidder" — shall mean any person, firm, company, corporation or entity submitting a Bid for the Work. "Bonds" —shall mean Bid, performance and payment bonds and other instruments of security, furnished by Contractor and his surety in accordance with the Contract Documents. "City" — shall mean the City of Fort Lauderdale, Florida, a Florida municipal corporation. In the event the City exercises its regulatory authority as a government body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purpose of this Contract, "City" without modification shall mean the City Commission, and/or City Manager or his/her designees(s)as applicable. "Public Works Director" —shall mean the Public Works Director of the City of Fort Lauderdale, Florida or his/her designee(s). "Consultant" — shall mean a person, firm, company, corporation or other entity employed by the City to perform the professional services for the project. "Contract Work" - shall mean everything expressed or implied to be required to be furnished and furnished by the Contractor by any one or more of the parts of the Contract Documents referred to in the Contract hereof except Extra Work as hereinafter defined, it being understood that, in case of any inconsistency in or between any part or parts of this Contract, the Public Works Director shall determine which shall prevail. "Design Documents" — shall mean the construction plans and specifications included as part of a Bid/Proposal Solicitation prepared either by the City or by the Consultant under a separate Agreement with the City. "Extra Work" - shall mean work other than that required by the Contract. "Inspector" — shall mean an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor. "Notice" - shall mean written notice sent by certified United States Mail, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or via fax or email, or by GC-1 hand delivery with a request for a written receipt of acknowledgment of delivery and shall be served upon the Contractor either personally or to its place of business listed in the Bid. "Site" - shall mean the area upon or in which the Contractor's operations are carried out and such other areas adjacent thereto as may be designated as such by the Public Works Director. "Subcontractor" - shall mean any person, firm, company, corporation or other entity, other than employees of the Contractor, who or which contracts with the contractor, to furnish, or actually furnishes labor and materials, or labor and equipment, or labor, materials and equipment at the site. "Surety" - shall mean any corporation or entity that executes, as Surety, the Contractor's performance and payment bond securing the performance of this Contract. GC - 02 - SITE INVESTIGATION AND REPRESENTATION - The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work under the Contract Documents, the general and local conditions of the Site, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor acknowledges that it has conducted extensive tests, examinations and investigations and represents and warrants a thorough familiarization with the nature and extent of the Contract Documents, the Work, locality, soil conditions, moisture conditions and all year-round local weather and climate conditions (past and present), and, in reliance on such tests, examination and investigations conducted by Contractor and the Contractor's experts, has determined that no conditions exist that would in any manner affect the Bid Price and that the project can be completed for the Bid Price submitted. The Contractor, on its own, has made or caused to be made examinations, investigations, tests and studies of reports and related data in addition to those referred above, as Contractor deemed necessary to perform the Work at the Bid price set by the Contractor, within the contract time and in accordance with the other terms and conditions of the Contract Documents and the Bid made by the Contractor; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by Contractor to assure that the Work can be done at the Bid price set by the Contractor. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the project Site as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in the Contract Documents and finds and has further determined that no conditions exist that would in any manner affect the Bid price and that the project can be completed for the Bid price submitted.. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the project Site will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports, the Contractor shall notify the City and the Contract amount may be adjusted depending on the conditions, at the approval of the City. GC-2 GC - 03 - SUBSTITUTIONS - If the Contractor desires to use materials and/or products of manufacturer's names different from those specified in the Contract Documents, the Bidder requesting the substitution shall make written application as described herein. The burden of proving the equality of the proposed substitution rests on the Bidder making the request. To be acceptable, the proposed substitution shall meet or exceed all expressed requirements of the Contract Documents and shall be submitted upon the Contractor's letterhead, in addition to the "Contractor's Request for Substitution" form provided by the Public Works Director. The following requirements shall be met in order for the substitution to be considered: 1. Requests for substitution shall reach the Public Works Director no less than ten (10) Working Days prior to the date set for opening of Bids; and 2. Requests for substitution shall be accompanied by such technical data, as the party making the request desires to submit. The Public Works Director will consider reports from reputable independent testing laboratories, verified experience records from previous users and other written information valid in the circumstances; and 3. Requests for substitution shall completely and clearly indicate in what respects the materials and/or products differ from those indicated in the Contract Documents; and 4. Requests for substitution shall be accompanied by the manufacturer's printed recommendations clearly describing the installation, use and care, as applicable, of the proposed substitutions; and 5. Requests for substitution shall be accompanied by a complete schedule of changes in the Contract Documents, if any, which must be made to permit the use of the proposed substitution; and 6. Provide the "Contractor's Request for Substitution" form, completely executed. Failure to provide all pertinent data will result in immediate rejection of such a request. If a proposed substitution is approved by the Public Works Director, an Addendum will be issued to prospective bidders not less than three (3) working days prior to the date set for opening of Bids. Unless substitutions are received and approved as described above, the successful Bidder shall be responsible for furnishing materials and products in strict accordance with the Contract Documents. GC - 04 - CONTROL OF THE WORK - The Public Works Director shall have full control and direction of the Work in all respects. The Public Works Director and/or his authorized designee(s) shall, at all times, have the right to inspect the Work and materials. The Contractor shall furnish all reasonable facilities for obtaining such information, as the Public Works Director may desire respecting the quality of the Work and materials and the manner of conducting the Work. Should the Contractor be directed or permitted to perform night Work, or to vary the period which work is ordinarily carried on in the daytime, he shall give ample notice to the Public Works Director so that proper and adequate inspection may be provided. Such Work shall be done only under such regulations as are furnished in writing by the Public Works Director, and no extra compensation shall be allowed to the Contractor therefore. In the event of night work, the Contractor shall furnish such light, satisfactory to the Public Works Director, as will insure proper inspection. Nothing herein contained shall relieve the Contractor from compliance with any and all City ordinances relating to noise or Work during prohibited hours. GC-3 The Contractor shall keep the Public Works Director informed, a reasonable time in advance, as to his need for grades and lines in order that the same may be furnished and all necessary measurements made for records and for payment with the minimum of inconvenience to the Public Works Director or of delay to the Contractor. The Contractor shall submit to the Public Works Director or Inspector on the job a written request outlining the streets, etc., for which the Contractor desires lines and grades. It is the intention not to delay the Work for the giving of lines and grades, but when necessary, work operations shall be suspended for such reasonable time as the Public Works Director may require for this purpose. However, such cost increases shall be authorized either by the City Manager and/or designee, or the City Commission based upon the purchasing threshold amounts provided for in Chapter 2 of the City of Fort Lauderdale's Code of Ordinances. GC - 05 - SUBCONTRACTOR - The Contractor shall not sublet, in whole or any part of the Work without the written consent and approval of the Public Works Director. Within ten (10) days after official notification of starting date, the Contractor must submit in writing, to the Public Works Director, a list of all Subcontractors. No Work shall be done by any Subcontractor until such Subcontractor has been officially approved by the Public Works Director. A subcontractor not appearing on the original list will not be approved without written request submitted to the Public Works Director and approved by the Public Works Director. In all cases, the Contractor shall give his personal attention to the Work of the Subcontractors and the Subcontractor is liable to be discharged by the Contractor, at the direction of the Public Works Director, for neglect of duty, incompetence or misconduct. Acceptance of any Subcontractor, other person, or organization by the Public Works Director shall not constitute a waiver of any right of Public Works Director to reject defective Work or Work not in conformance with the Contract Documents. Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between City and any Subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due to any Subcontractor or other person, or organization, except as may otherwise be required by law. GC — 06 - QUANTITIES - It is mutually agreed that the proposal shows the approximate amounts only along with the Plans and the general location. It is also mutually agreed that no change will be made involving any departure from the general scheme of the Work and that no such change involving a material change in cost, either to the City or Contractor, shall be made, except upon written permission of the City. However, the Public Works Director shall have the right to make minor alternations in the line, grade, plan, form or materials of the Work herein contemplated any time before the completion of the same. That if such alterations shall diminish the quantity of the Work to be done, such alterations shall not constitute a claim for damages or anticipated profits. That if such alterations increase the amount of the Work to be done, such increase shall be paid for according to the quantity actually performed and at the unit price or prices stipulated therefore in the Contract. The City shall, in all cases of dispute, determine the amount or quantity of the several kinds of Work which are to be paid for under this Contract, and shall decide all questions relative to the execution of the same, and such estimates and decisions shall be final and binding. GC-4 Any Work not herein specified, which might be fairly implied as included in the Contract, of which the City shall judge, shall be done by the Contractor without extra charge. However, such cost increases shall be authorized either by the City Manager and/or designee, or the City Commission based upon the purchasing threshold amounts provided for in Chapter 2 of the City of Fort Lauderdale's Code of Ordinances. GC-07 - NO ORAL CHANGES - Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. GC - 08 - PERMITS AND PROTECTION OF PUBLIC — Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Contract. A copy of all permits shall be given to the City and become part of the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. The Contractor shall be required to observe all the ordinances in relation to obtaining permits for occupying, excavating, or in any way obstructing the streets and alleys. He shall erect and maintain barricades and sufficient safeguards around all excavations, embankments or obstructions; he shall place sufficient warning lights at or near the Work; keep the same burning from sunset to sunrise, employ watchmen, and strictly obey all laws and ordinances controlling or limiting those engaged in similar work. Where there are telephones, light or power poles, water mains, conduits, pipes or drains or other construction, either public or private, in or on the streets or alleys, the Work shall be so conducted that no interruption or delay will be caused in the operation or use of the same. Proper written notice shall be given, and all the facilities, afforded the owners of such construction encountered or likely to be encountered, as will enable them to preserve the same from injury. The Contractor shall not be permitted to interfere with public travel and convenience by grading or tearing up streets indiscriminately, but the Work of constructing the various items in this contract shall proceed in an orderly, systematic and progressive manner. Contractor shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it. Where lifting operations involving the use of specialized cranes are required as part of construction, Contractor must make undertake the following investigation and submit the results and documentation to the Engineer prior to commencing any lifting operations: marking a very specific area in the field for the placement of the crane; a drawing showing the limitations of the job operation (i.e. not over adjacent properties or pedestrian and high vehicular traffic areas);underground utility exploration in the vicinity of the crane location, which may include ground penetrating radar to identify voids or old pipe or other subsurface features that could lead to sudden failure; assessment of the underlying soil and roadway materials and a worst case analysis based on entire load being distributed on just one or two outriggers; provision of properly sized pads under the outriggers; loading charts from manufacturer showing allowable configurations/loads; and inspection to make sure crane operation is in accordance with the permit conditions. GC-5 GC - 09 - DISEASE REGULATIONS - The Contractor shall enforce all sanitary regulations and take all precautions against infectious diseases as the Public Works Director may deem necessary. Should any infectious or contagious diseases occur among his employees, he shall arrange for the immediate removal of the employee from the Site and isolation of all persons connected with the Work. GC - 10 - CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, AND DATA - The Contractor shall verify all dimensions, quantities, and details shown on the plans, supplementary drawings, schedules, or other data received from the Public Works Director, and shall notify the Public Works Director of all errors, omissions, conflicts and discrepancies found therein within three (3) working days of discovery. Failure to discover or correct errors, conflictions, or discrepancies shall not relieve the Contractor of full responsibility for unsatisfactory Work, faulty construction, or improper operation resulting there from nor from rectifying such condition at his own expense. GC - 11 - SUPPLEMENTARY DRAWINGS - When, in the opinion of the Public Works Director, it becomes necessary to explain more fully the Work to be done, or to illustrate the work further, or to show any changes which may be required, drawings, known as supplementary drawings, with specifications pertaining thereto, will be prepared by the Public Works Director and copies will be given to the Contractor. The supplementary drawings shall be binding upon the Contractor with the same force as the original Plans. Where such supplementary drawings require either less or more than the estimated quantities of work, credit to the City or compensations therefore to the Contractor shall be subject to the terms of the Contract. GC - 12 - MATERIALS AND WORKMANSHIP - All material and workmanship shall, in every respect, be in conformity with approved modern practice and with prevailing standards of performance and quality. In the event of dispute the Public Works Director's decision shall be final. Wherever the Plans, specifications, Contract Documents, or the directions of the Public Works Director are unclear as to what is permissible and/or fail to note the quality of any Work, that interpretation will be made by the City Engineer, which is in accordance with approved modern practice, to meet the particular requirements of the Contract. In all cases, new materials shall be used, unless this provision is waived by notice from the City in writing. GC - 13 - SAFEGUARDING MARKS - The Contractor shall safeguard all points, stakes, grade marks, monuments, and bench marks made or established on the Work, bear the cost of re- establishing same if disturbed, or bear the entire expense of rectifying Work improperly installed due to not maintaining or protecting or for removing without authorization, such established points, stakes and marks. The Contractor shall safeguard all existing and known property corners, monuments and marks not related to the Work and, if required, shall bear the cost of having them re-established by a licensed surveyor if disturbed or destroyed during the course of construction. GC - 14 - EXISTING UTILITY SERVICE - All existing utility service shall be maintained with a minimum of interruption at the expense of the Contractor. GC - 15 - JOB DESCRIPTION SIGNS - Contractor shall furnish, erect, and maintain suitable weatherproof signs on jobs over $100,000 containing the following information: GC-6 1. City Seal (in colors) 2. Project or Improvement Number 3. Job Description 4. Estimated Cost 5. Completion Date Minimum size of sign shall be four feet high, six feet wide and shall be suitably anchored. The entire sign shall be painted and present a pleasing appearance. Exact location of signs will be determined in the field. Two (2) signs will be required, one at each end of the job. All costs of this work shall be included in other parts of the work. GC - 16 - FLORIDA EAST COAST RIGHT-OF-WAY - Whenever a City contractor is constructing within the Florida East Coast Railway Company's Right-of-Way, it will be mandatory that the contractor carry separate bodily injury and property damage insurance in the amounts as stated below. This insurance shall be taken out and maintained during the life of the Contract. Bodily injury insurance in an amount not less than $500,000.00 for injuries, including wrongful death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of any one occurrence, and Property damage insurance in an amount not less than $500,000.00 for damages on account of any one occurrence and in an amount not less than $1,000,000.00 for damages on account of all occurrences. GC - 17 - ACCIDENTS - The Contractor shall provide such equipment and facilities as are necessary and/or required, in the case of accidents, for first aide services to be provided to a person who may be injured during the project duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Public Works Director every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. GC - 18 - SAFETY PRECAUTIONS - Contractor must adhere to the applicable environmental protection guidelines for the duration of a project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must be immediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Broward County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforms, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all Federal, State and local regulations. GC-7 GC - 19 - DUST PREVENTION - The Contractor shall, by means of a water spray, or temporary asphalt pavement, take all necessary precautions to prevent or abate a dust nuisance arising from dry weather or Work in an incomplete stage. All costs of this Work shall be included in cost of other parts of the Work. Should the Contractor fail to abate a dust nuisance by the above methods, and then he will be required to immediately construct temporary patches per City standards. GC -20 - PLACING BARRICADES AND WARNING LIGHTS - The Contractor shall furnish and place, at his own expense, all barricades, warning lights, automatic blinker lights and such devices necessary to properly protect the work and vehicular and pedestrian traffic. Should the Contractor fail to erect or maintain such barricades, warning lights, etc., the Public Works Director may, after 24 hours' notice to the Contractor, proceed to have such barricades and warning lights placed and maintained by City or other forces and all costs incurred thereof charged to the Contractor and may be retained by the City from any monies due, or to become due, to the Contractor. GC -21 - TRAFFIC CONTROL - The Contractor shall coordinate all Work and obtain, through the Engineering Department, any permits required to detour traffic or close any street before starting to work in the road. The following section: Part VI Traffic Controls for Street and Highway Construction and Maintenance Operations, MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, U.S. Department of Transportation Federal Highway Administration, 2009, or current edition, shall be used as a guide for requirement and placement of traffic control devices, signs and barricades. The Public Works Director shall determine requirements for the above. The above publication is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. In the event that a Maintenance of Traffic (MOT) Plan is required, the Plan shall be prepared by an A.A.S.T.A. certified technician. All traffic control devices, flashing lights, signs and barricades shall be maintained in working condition at all times. GC -22 - COORDINATION - The Contractor shall notify all utilities, transportation department, etc., in writing, with a copy to the Public Works Director before construction is started and shall coordinate his Work with them. The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal, construction and rearrangement operations in order that services rendered by these parties will not be unnecessarily interrupted. The Contractor shall arrange his Work and dispose of his materials so as to not interfere with the operation of other Contractors engaged upon adjacent work and to join his Work to that of others in a proper manner and to perform his Work in the proper sequence in relation to that of other Contractors all as may be directed by the Public Works Director. Each Contractor shall be responsible for any damage done by him or his agents to the work performed by another Contractor. The Contractor shall contact the Broward County Transportation Department and the Florida Department of Transportation, as applicable, to verify and obtain location of any and all traffic conduits, loops, and street light underground services. GC -23 - WATER - Bulk water used for construction, flushing pipelines, and testing shall be obtained from fire hydrants. Contractor shall make payment for hydrant meter at Treasury Billing GC-8 Office, 1 st Floor, City Hall, 100 N. Andrews Avenue. With the paid receipt, contractor can pick up hydrant meter at the utility location office. No connection shall be made to a fire hydrant without a meter connected. GC - 24 - PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES - As provided for in Fla. Stat. §287.135 (3)(a)&(b), it is mutually agreed that if the Agreement is for goods or services in excess of$1 million or more entered into or renewed on or after July, 1, 2011, through June 30, 2012, the City has the authority to terminate the Agreement with Contractor if Contractor is found to have submitted a false certification as provided for in subsection (5) of Fla. Stat. 287.135 or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. As provided for in Fla. Stat. §287.135(3)(a)&(b), it is mutually agreed that if the Agreement is for goods or services in excess of$1 million or more entered into or renewed on or after July 1, 2012, the City has the authority to terminate the Agreement with Contractor if Contractor is found to have submitted a false certification as provided under Fla. Stat. §287.135(5), been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. GC - 25 - LOCATION OF UNDERGROUND FACILITIES - If the Proposer, for the purpose of responding to this solicitation, requests the location of underground facilities through the Sunshine State One-Call of Florida, Inc. notification system or through any person or entity providing a facility locating service, and underground facilities are marked with paint, stakes or other markings within the City pursuant to such a request, then the Proposer shall be deemed non-responsive to this solicitation in accordance with Section 2-184(5) of the City of Fort Lauderdale Code of Ordinances. GC - 26 — USE OF FLORIDA LUMBER TIMBER AND OTHER FOREST PRODUCTS - In accordance with Florida Statute 255.20 (3), The City specifies that lumber, timber, and other forest products used for this project shall be produced and manufactured in the state of Florida if such products are available and their price, fitness, and quality are equal. This requirement does not apply to plywood specified for monolithic concrete forms, if the structural or service requirements for timber for a particular job cannot be supplied by native species, or if the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. The Bidder affirms by submitting a bid response to this solicitation that they will comply with section 255.20 (3) Florida Statutes. Rev. 8/13/2013 GC-9 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 011000 SUMMARY PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Work covered by the Contract Documents. 2. Work phases. 3. Work under other contracts. 4. Use of premises. 5. Owner's occupancy requirements. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. B. "SPECIFICATIONS" referred to in the project documents are to include and incorporate the following: 1. The written specifications package entitled Project No. 11926, ROOFING CITY-WIDE. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identifications: Flat and Steep Roof Projects throughout the City of Fort Lauderdale, Florida. 1. Project Locations: As shown in the specific work items.. B. Owner: The City of Ft. Lauderdale, Florida. 1. Owner's Representative: To be determined at time of individual contract award. C. Architect: The City of Ft. Lauderdale Chief Architect. D. The Work consists of the following: 1. The Work includes roofing repair and replacement on various existing City facilities. Types of roofs and repairs will vary and are dependent on individual building conditions. a. Work shall be assigned through separate task orders for individual projects and task order amount shall be established based on quantities and unit prices for various components of the roofing systems as enumerated in the proposal form. SUMMARY 011000 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1.4 WORK PHASES A. The Work shall be conducted in (2) phases in the following order, with each phase substantially complete before beginning the next phase. Contractor shall obtain and pay for all permits and engineering required for all re-roofing and replacement roofing under this contract: 1. Phase 1 (if required): The remediation or removal of any ACM in the existing roofing system as identified in an independently prepared asbestos survey. This work shall be performed in accordance with recommendations in the asbestos survey utilizing appropriate methods and personnel. This work shall be performed in accordance with appropriate Broward County DEP requirements. 2. Phase 2: The remaining roofing work identified in the individual task order. B. Before commencing Work of each phase, submit a schedule showing the sequence, commencement and completion dates, and move-out and -in dates of Owner's personnel for all phases of the Work. 1.5 WORK UNDER OTHER CONTRACTS A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. Coordinate the Work of this Contract with work performed under separate contracts. B. Preceding Work: Owner may award separate contract(s) for differing construction operations at Project site. 1. A separate contract may be awarded to other contractors to complete other roofing or repair projects. C. Concurrent Work: Owner may award separate contract(s) for construction operations at Project site. Those operations may be conducted simultaneously with work under various roofing contracts awarded based on the unit prices contained in this proposal. 1. A separate contract may be awarded to other partial projects for roofing at the City. 1.6 USE OF PREMISES A. General: Contractor shall have limited use of premises for construction operations as required and necessary to perform the Work or as identified in the specific project task order. B. Use of Site: Limit use of premises to areas within the Contract limits established. Do not disturb portions of Project site beyond areas in which the Work is indicated. 1. Limits: Unless otherwise established in the individual project task order, confine construction operations to not interfere with the occupation of the building. 2. Owner Occupancy: Allow for Owner occupancy of Project site and use by the public. 3. Driveways and Entrances: Keep driveways parking garage, loading areas, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances. SUMMARY 011000 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. C. Maintain existing building in a weathertight condition throughout construction period. Repair damage caused by construction operations. Protect building and its occupants during construction period. 1.7 OWNER'S OCCUPANCY REQUIREMENTS A. Unless otherwise established in the individual project task order, Owner will occupy the premises during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner's operations. Maintain existing exits, unless otherwise indicated. 1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and authorities having jurisdiction. 1.8 SPECIFICATION FORMATS AND CONVENTIONS A. Specification Format: The Specifications are organized into Divisions and Sections using the format and CSI/CSC's "Masterformat" numbering system. 1. Division 01: Sections in Division 01 govern the execution of the Work of all Sections in the Specifications. B. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. 2. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. a. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 011000 SUMMARY 011000 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 012200 UNIT PRICES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for unit prices. B. See Division 01 Section "Contract Modification Procedures" for procedures for using unit prices to adjust quantity allowances. 1.2 DEFINITIONS A. Unit price is stated on the Bid Form, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimated quantities of Work required by the Contract Documents are increased or decreased. The proposal unit amounts will be used to determine the contract amount for each individual roofing project the City of Fort Lauderdale intends to issue a contract for. 1.3 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit. B. Measurement and Payment: Refer to individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections, drawings and proposal information. Special areas, quantities and unit prices not addressed through this proposal and specification will be negotiated with the potential contractor using industry standard cost and area criteria. C. Owner reserves the right to reject Contractor's measurement of work-in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012200 UNIT PRICES 012200 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 012600 CONTRACT MODIFICATION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications once separate contracts are issued based on the unit prices given for the proposals contained in this set of documents. B. See Division 01 Section "Unit Prices" for administrative requirements for using unit prices. 1.2 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on standard City of Fort Lauderdale forms. 1.3 PROPOSAL REQUESTS A. Owner-Initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Individual contract change requests issued by Architect are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in the individual contract change request, submit a quotation estimating cost adjustments based on specific quantities to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. C. Include costs of labor and supervision directly attributable to the change. d. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. B. Contractor-Initiated Proposals: If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Architect. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. CONTRACT MODIFICATION PROCEDURES 012600 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. 6. Comply with requirements in Division 01 Section "Product Requirements" if the proposed change requires substitution of one product or system for product or system specified. C. Proposal Request Form: Use forms provided by the City of Fort Lauderdale contained in the front end of this package or if not addressing a specific item, contractor to list item clearly on separate sheet and assign the appropriate unit cost with such. 1.4 ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts if provided for on individual contracts, base each Change Order proposal on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place. If applicable, include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins. 1. Include installation costs in purchase amount only where indicated as part of the allowance. 2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. 3. Submit substantiation of a change in scope of work, if any, claimed in Change Orders related to unit-cost allowances. 4. Owner reserves the right to establish the quantity of work-in-place by independent quantity survey, measure, or count. 1.5 CHANGE ORDER PROCEDURES A. On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on standard City of Fort Lauderdale form. 1.6 CONSTRUCTION CHANGE DIRECTIVE A. Construction and Work Change Directive: Architect may issue a Construction Change Directive on the City of Fort Lauderdale form. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. CONTRACT MODIFICATION PROCEDURES 012600 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012600 CONTRACT MODIFICATION PROCEDURES 012600 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 012900 PAYMENT PROCEDURES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Sections include the following: 1. Division 01 Section "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 2. Division 01 Section "Unit Prices" for administrative requirements governing use of unit prices. 3. Division 01 Section "Construction Progress Documentation" for administrative requirements governing preparation and submittal of Contractor's Construction Schedule and Submittals Schedule. 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination: Coordinate preparation of the Schedule of Values with preparation of Contractor's Construction Schedule. 1. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including the following: a. City's Form - Periodic Estimate for Partial Payment. b. Submittals Schedule. C. Contractor's Construction Schedule. 2. Submit the Schedule of Values to City Representative at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. B. Format and Content: Use the Project Manual table of contents as a guide to establish line PAYMENT PROCEDURES 012900-1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 items for the Schedule of Values. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Project Number C. Contractor's name and address. d. Date of submittal. 2. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of the Work. C. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value. 1) Percentage of the Contract Sum to nearest one-hundredth percent, adjusted to total 100 percent. 3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide several line items for principal subcontract amounts, where appropriate. 4. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 5. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on-site and items stored off-site. If specified, include evidence of insurance or bonded warehousing. 6. Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 7. Allowances: Provide a separate line item in the Schedule of Values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. 8. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the Schedule of Values or distributed as General Conditions expense, at Contractor's option. PAYMENT PROCEDURES 012900-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 9. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 1.5 APPLICATIONS FOR PAYMENT A. The General Contractor must meet with the City Representative on or about the 25th of each month. The City Representative will go over the pay items and agree on the quantities and the dollar amounts of the work completed during the month. A copy of the agreed amounts will be signed by the parties and a copy will be left with each representative. B. The General Contractor will make up a partial pay request using the City-supplied forms and submit the request to the City Representative before the first of the upcoming month. C. Each pay request must be accompanied by a partial release of lien by the General Contractor and by all Subcontractors, suppliers, and for all labor, as outlined below. 1. Starting with the second (2nd) pay request and for each and every pay request thereafter, the General Contractor shall submit partial release of liens from all Subcontractors, suppliers, and laborers covering the preceding month's request (SEE FOLLOWING EXAMPLE). 2. EXAMPLE: In the first (1st) pay request, payment is requested by General Contractor for the asbestos contractor and the electrician. The General Contractor must attach his partial release of lien. 3. For the second (2nd) pay request, the General Contractor must attach his partial release of lien from the asbestos contractor and the electrician for the amounts billed in the 1st pay request; i.e., the General Contractor will be running one (1) month behind with the releases from the Subcontractors, suppliers, etc., until the final pay request. D. For the final pay request, the General Contractor will be required to submit FINAL release of liens for ALL Subcontractors, suppliers, etc., and for ALL labor BEFORE FINAL PAYMENT WILL BE MADE. E. No partial payments, after the first payment, will be made until all partial release of liens are submitted for the preceding month's billing, as described F. Each Application for Payment shall be consistent with previous applications and payments as certified by and paid for by City. G. Payment Application Forms: Use City Form "PERIODIC ESTIMATE FOR PARTIAL PAYMENT" as form for Applications for Payment. 1. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. City will return incomplete applications without action. 2. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions were made. 3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. H. Release of Lien: With each Application for Payment, submit release of lien from every entity PAYMENT PROCEDURES 012900-3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 who is lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work covered by the payment. 1. Submit partial release of lien on each item for amount requested in previous application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit final release of lien. 3. City reserves the right to designate which entities involved in the Work must submit release of lien forms. I. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of Values. 3. Contractor's Construction Schedule (preliminary if not final). 4. Products list. 5. Schedule of unit prices. 6. Submittals Schedule (preliminary if not final). 7. List of Contractor's staff assignments. 8. List of Contractor's principal consultants. 9. Copies of building permits. 10. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 11. Initial progress report. 12. Report of preconstruction conference. 13. Certificates of insurance and insurance policies. 14. Performance and payment bonds. 15. Data needed to acquire City's insurance. 16. Initial settlement survey and damage report if required. J. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. Evidence that claims have been settled. 5. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when City took possession of and assumed responsibility for corresponding elements of the Work. 6. Final, liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012900 PAYMENT PROCEDURES 012900-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 013100 PROJECT MANAGEMENT AND COORDINATION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. Coordination Drawings. 2. Project meetings. 3. Requests for Interpretation (RFIs). B. See Division 01 Section "Multiple Contract Summary" for a description of the division of Work among separate contracts and responsibility for coordination activities not in this Section. C. See Division 01 Section "Execution" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points. 1.2 DEFINITIONS A. RFI: Request from Contractor seeking interpretation or clarification of the Contract Documents. 1.3 COORDINATION A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections that depend on each other for proper installation, connection, and operation. 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. 4. Where availability of space is limited, coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair of all components, including mechanical and electrical. B. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's Construction Schedule. 2. Preparation of the Schedule of Values. PROJECT MANAGEMENT AND COORDINATION 013100 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 9. Project closeout activities. 1.4 SUBMITTALS A. Coordination Drawings: Prepare Coordination Drawings if limited space availability necessitates maximum utilization of space for efficient installation of different components or if coordination is required for installation of products and materials fabricated by separate entities. 1. Content: Project-specific information, drawn accurately to scale. Do not base Coordination Drawings on reproductions of the Contract Documents or standard printed data. Include the following information, as applicable: a. Indicate functional and spatial relationships of components of architectural, structural, civil, mechanical, and electrical systems. b. Indicate dimensions shown on the Contract Drawings and make specific note of dimensions that appear to be in conflict with submitted equipment and minimum clearance requirements. Provide alternate sketches to Architect for resolution of such conflicts. Minor dimension changes and difficult installations will not be considered changes to the Contract. 2. Sheet Size: At least 8-1/2 by 11 inches( 15 by 280 mm) but no larger than 30 by 40 inches(750 by 1000 mm). 3. Number of Copies: Submit two opaque copies of each submittal. Architect will return one copy. 4. Refer to individual Sections for Coordination Drawing requirements for Work in those Sections. 1.5 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Architect, within three days of the meeting. PROJECT MANAGEMENT AND COORDINATION 013100 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Preconstruction Conference: Schedule a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than 15 days after execution of the Agreement. Hold the conference at Project site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. 1. Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Phasing. C. Critical work sequencing and long-lead items. d. Designation of key personnel and their duties. e. Procedures for processing field decisions and Change Orders. f. Procedures for RFIs. g. Procedures for testing and inspecting. h. Procedures for processing Applications for Payment. i. Distribution of the Contract Documents. j. Submittal procedures. k. Preparation of Record Documents. I. Use of the premises and existing building. m. Work restrictions. n. Owner's occupancy requirements. o. Responsibility for temporary facilities and controls. p. Construction waste management and recycling. q. Parking availability. r. Office, work, and storage areas. S. Equipment deliveries and priorities. t. First aid. U. Security. V. Progress cleaning. W. Working hours. 3. Minutes: Record and distribute meeting minutes. C. Progress Meetings: Conduct progress meetings at regular intervals no less than bi-weekly. Coordinate dates of meetings with preparation of payment requests. 1. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. PROJECT MANAGEMENT AND COORDINATION 013100 -3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Work hours. 10) Hazards and risks. 11) Progress cleaning. 12) Quality and work standards. 13) Status of correction of deficient items. 14) Field observations. 15) RFIs. 16) Status of proposal requests. 17) Pending changes. 18) Status of Change Orders. 19) Pending claims and disputes. 20) Documentation of information for payment requests. 3. Minutes: Record the meeting minutes. 4. Reporting: Distribute minutes of the meeting to each party present and to parties who should have been present. a. Schedule Updating: Revise Contractor's Construction Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. 1.6 REQUESTS FOR INTERPRETATION (RFIs) A. Procedure: Immediately on discovery of the need for interpretation of the Contract Documents, and if not possible to request interpretation at Project meeting, prepare and submit an RFI in the form specified. 1. RFIs shall originate with Contractor. RFIs submitted by entities other than Contractor will be returned with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. PROJECT MANAGEMENT AND COORDINATION 013100 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Content of the RFI: Include a detailed, legible description of item needing interpretation and the following: 1. Project name. 2. Date. 3. Name of Contractor. 4. Name of Architect and Construction Manager. 5. RFI number, numbered sequentially. 6. Specification Section number and title and related paragraphs, as appropriate. 7. Drawing number and detail references, as appropriate. 8. Field dimensions and conditions, as appropriate. 9. Contractor's suggested solution(s). If Contractor's solution(s) impact the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 10. Contractor's signature. 11. Attachments: Include drawings, descriptions, measurements, photos, Product Data, Shop Drawings, and other information necessary to fully describe items needing interpretation. C. Hard-Copy RFIs: City of Fort Lauderdale format. 1. Identify each page of attachments with the RFI number and sequential page number. D. Architect's Action: Architect will review each RFI, determine action required, and return it. Allow seven working days for Architect's response for each RFI. RFIs received after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. C. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. e. Requests for interpretation of Architect's actions on submittals. f. Incomplete RFIs or RFIs with numerous errors. 2. Architect's action may include a request for additional information, in which case Architect's time for response will start again. 3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 01 Section "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response. E. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. PROJECT MANAGEMENT AND COORDINATION 013100 -5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Include the following: 1. Project name. 2. Name and address of Contractor. 3. Name and address of Architect. 4. RFI number including RFIs that were dropped and not submitted. 5. RFI description. 6. Date the RFI was submitted. 7. Date Architect's response was received. 8. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. 9. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013100 PROJECT MANAGEMENT AND COORDINATION 013100 -6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 013200 CONSTRUCTION PROGRESS DOCUMENTATION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: 1. Contractor's Construction Schedule. 2. Submittals Schedule. 3. Daily construction reports. 4. Field condition reports. B. See Division 01 Section "Payment Procedures" for submitting the Schedule of Values. 1.2 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical activities are activities on the critical path. They must start and finish on the planned early start and finish times. 2. Predecessor Activity: An activity that precedes another activity in the network. 3. Successor Activity: An activity that follows another activity in the network. B. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. C. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. D. Float: The measure of leeway in starting and completing an activity. 1. Float time belongs to Owner. 1.3 SUBMITTALS A. Submittals Schedule: Submit three copies of schedule. Arrange the following information in a tabular format: 1. Scheduled date for first submittal. 2. Submittal category (action or informational). 3. Description of the Work covered. 4. Scheduled date for Architect's final release or approval. CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Contractor's Construction Schedule: Submit two opaque copies of initial schedule, large enough to show entire schedule for entire construction period. C. Daily Construction Reports: Submit two copies at weekly intervals. D. Field Condition Reports: Submit two copies at time of discovery of differing conditions. 1.4 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. B. Coordinate Contractor's Construction Schedule with the Schedule of Values, list of Submittals Schedule, progress reports, payment requests, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. PART 2 - PRODUCTS 2.1 SUBMITTALS SCHEDULE A. Preparation: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, resubmittal, ordering, manufacturing, fabrication, and delivery when establishing dates. 1. Coordinate Submittals Schedule with list of subcontracts, the Schedule of Values, and Contractor's Construction Schedule. 2. Submit concurrently with the first complete submittal of Contractor's Construction Schedule. 2.2 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Final Completion. 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. 2. Submittal Review Time: Include review and resubmittal times indicated in Division 01 Section "Submittal Procedures" in schedule. Coordinate submittal review times in Contractor's Construction Schedule with Submittals Schedule. 3. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Architect's administrative procedures necessary for certification of Substantial Completion. B. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis to demonstrate the effect of the proposed change on the overall project schedule. CONSTRUCTION PROGRESS DOCUMENTATION 013200 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2.3 CONTRACTOR'S CONSTRUCTION SCHEDULE (CPM SCHEDULE) A. CPM Schedule Preparation: Prepare a list of all activities required to complete the Work. Using the preliminary network diagram, prepare a skeleton network to identify probable critical paths. 1. Activities: Indicate the estimated time duration, sequence requirements, and relationship of each activity in relation to other activities. Include estimated time frames for the following activities: a. Preparation and processing of submittals. b. Mobilization and demobilization. C. Purchase of materials. d. Delivery. e. Installation. f. Work by Owner that may affect or be affected by Contractor's activities. 2. Critical Path Activities: Identify critical path activities, including those for interim completion dates. Scheduled start and completion dates shall be consistent with Contract milestone dates. 2.4 REPORTS A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: 1. Equipment at Project site. 2. Material deliveries. 3. High and low temperatures and general weather conditions. 4. Accidents. 5. Stoppages, delays, shortages, and losses. 6. Meter readings and similar recordings. 7. Orders and requests of authorities having jurisdiction. B. Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare and submit a detailed report. Submit with a request for interpretation on CSI Form 13.2A. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. PART 3 - EXECUTION 3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Contractor's Construction Schedule Updating: At weekly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. 3. As the Work progresses, indicate Actual Completion percentage for each activity. B. Distribution: Distribute copies of approved schedule to Architect Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION 013200 CONSTRUCTION PROGRESS DOCUMENTATION 013200 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 013300 SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. See Division 01 Section "Construction Progress Documentation" for submitting schedules and reports, including Contractor's Construction Schedule. C. See Division 01 Section "Closeout Procedures" for submitting warranties. D. See Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 1.2 DEFINITIONS A. Action Submittals: Written and graphic information that requires Architect's responsive action. B. Informational Submittals: Written information that does not require Architect's responsive action. Submittals may be rejected for not complying with requirements. 1.3 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. B. Submittals Schedule: Comply with requirements in Division 01 Section "Construction Progress Documentation" for list of submittals and time requirements for scheduled performance of related construction activities. C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. SUBMITTAL PROCEDURES 013300 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Initial Review: Allow 4 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 4 days for review of each resubmittal. D. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 6 by 3 inches(150 by 200 mm) on label or beside title block to record Contractor's review and approval markings and action taken by Architect. 3. Include the following information on label for processing and recording action taken: a. Project name. b. Date. C. Name and address of Architect. d. Name and address of Contractor. e. Name and address of subcontractor. f. Name and address of supplier. g. Name of manufacturer. h. Submittal number or other unique identifier, including revision identifier. 1) Submittal number shall use Specification Section number followed by a decimal point and then a sequential number (e.g., 06100.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., 06100.01.A). i. Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k. Location(s) where product is to be installed, as appropriate. I. Other necessary identification. E. Deviations: Highlight, encircle, or otherwise specifically identify deviations from the Contract Documents on submittals. F. Additional Copies: Unless additional copies are required for final submittal, and unless Architect observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. 1. Additional copies submitted for maintenance manuals will not be marked with action taken and will be returned. G. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will discard submittals received from sources other than Contractor. H. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. SUBMITTAL PROCEDURES 013300 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked " approval notation from Architect's action stamp." I. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. J. Use for Construction: Use only final submittals with mark indicating "approval" taken by Architect. 1.4 CONTRACTOR'S USE OF ARCHITECTS CAD FILES A. General: At Contractor's written request, copies of Architect's CAD files will be provided to Contractor for Contractor's use in connection with Project, subject to the following conditions: 1. Only with release statement signed by the contractor from the Architect. PART 2 - PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. C. Manufacturer's installation instructions. d. Manufacturer's catalog cuts. e. Wiring diagrams showing factory-installed wiring. f. Printed performance curves. g. Operational range diagrams. h. Compliance with specified referenced standards. i. Testing by recognized testing agency. 4. Number of Copies: Submit three copies of Product Data, unless otherwise indicated. Architect will return two copies. Mark up and retain one returned copy as a Project Record Document. C. Shop Drawings: Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data, unless submittal of Architect's CAD Drawings is otherwise permitted. SUBMITTAL PROCEDURES 013300 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Dimensions. b. Identification of products. C. Schedules. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 3-1/2 by 11 inches( 15 by 230 mm) but no larger than 3 by 40 inches(750 by 1000 mm). 3. Number of Copies: Submit two opaque (bond) copies of each submittal. Architect will return one copy. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. C. Sample source. d. Number and title of appropriate Specification Section. 3. Disposition: Maintain sets of approved Samples at Project site, available for quality- control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. E. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Use CSI Form 1.5A. 1. Number of Copies: Submit three copies of subcontractor list, unless otherwise indicated. Architect will return 2 copies. 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. 1. Number of Copies: Submit two copies of each submittal, unless otherwise indicated. Architect will not return copies. 2. Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be SUBMITTAL PROCEDURES 013300 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 signed by an officer or other individual authorized to sign documents on behalf of that entity. 3. Test and Inspection Reports: Comply with requirements specified in Division 01 Section "Quality Requirements." B. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. C. Manufacturer's Field Reports: Prepare written information documenting factory-authorized service representative's tests and inspections. Include the following, as applicable: 1. Statement on condition of substrates and their acceptability for installation of product. 2. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 3. Results of operational and other tests and a statement of whether observed performance complies with requirements. D. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage. Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 ARCHITECTS ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken. C. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. D. Partial submittals are not acceptable, will be considered nonresponsive, and will be returned without review. SUBMITTAL PROCEDURES 013300 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 E. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION 013300 SUBMITTAL PROCEDURES 013300 - 6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 015000 TEMPORARY FACILITIES AND UTILITIES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes requirements for temporary utilities, support facilities, and security and protection facilities. 1.2 USE CHARGES A. Water Service: Water from Owner's existing water system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. B. Electric Power Service: Electric power from Owner's existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. PART 2 - PRODUCTS 2.1 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. PART 3 - EXECUTION 3.1 TEMPORARY UTILITY A. Water Service: Use of Owner's existing water service facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. 1. Where installations below an outlet might be damaged by spillage or leakage, provide a drip pan of suitable size to minimize water damage. Drain accumulated water promptly from pans. B. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. 1. Toilets: Use of Owner's existing toilet facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. C. Electric Power Service: Use of Owner's existing electric power service will be permitted, as long as equipment is maintained in a condition acceptable to Owner. TEMPORARY FACILITIES AND UTILITIES 015000 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.2 SUPPORT FACILITIES INSTALLATION A. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with Division 01 Section "Execution" for progress cleaning requirements. B. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment" and not temporary facilities. C. Existing Elevator Use: Use of Owner's existing elevators will be permitted, as long as elevators are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore elevators to condition existing before initial use, including replacing worn cables, guide shoes, and similar items of limited life. 1. Provide protective coverings, barriers, devices, signs, or other procedures to protect elevator car and entrance doors and frame. If, despite such protection, elevators become damaged, engage elevator Installer to restore damaged work so no evidence remains of correction work. Return items that cannot be refinished in field to the shop, make required repairs and refinish entire unit, or provide new units as required. D. Existing Stair Usage: Use of Owner's existing stairs will be permitted, as long as stairs are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore stairs to condition existing before initial use. 1. Provide protective coverings, barriers, devices, signs, or other procedures to protect stairs and to maintain means of egress. If, despite such protection, stairs become damaged, restore damaged areas so no evidence remains of correction work. E. Temporary Use of Permanent Stairs: Cover finished, permanent stairs with protective covering of plywood or similar material so finishes will be undamaged at time of acceptance. 3.3 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. B. Storm water Control: Comply with authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction to prevent flooding by runoff of storm water from heavy rains. C. Security Enclosure and Lockup: Install substantial temporary enclosure around partially completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. D. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. TEMPORARY FACILITIES AND UTILITIES 015000 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Temporary Enclosures: Provide temporary enclosures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. E. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241. 1. Prohibit smoking in construction areas. 2. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction. 3. Develop and supervise an overall fire-prevention and -protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information. END OF SECTION 015000 TEMPORARY FACILITIES AND UTILITIES 015000 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 016000 PRODUCT REQUIREMENTS PART 1 -GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; product substitutions; and comparable products. B. See Division 01 Section "Closeout Procedures" for submitting warranties for Contract closeout. C. See Divisions 02 through 07 Sections for specific requirements for warranties on products and installations specified to be warranted. D. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.2 DEFINITIONS A. Products: Items purchased for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent. 1. Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility, except that products consisting of recycled-content materials are allowed, unless explicitly stated otherwise. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved through submittal process, or where indicated as a product substitution, to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. C. Basis-of-Design Product Specification: Where a specific manufacturer's product is named and accompanied by the words "basis of design," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in- service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other named manufacturers. 1.3 SUBMITTALS PRODUCT REQUIREMENTS 016000 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Substitution Request Form: Use form provided by Owner. 2. Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified material or product cannot be provided. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. C. Detailed comparison of significant qualities of proposed substitution with those of the Work specified. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. g. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. h. Research/evaluation reports evidencing compliance with building code in effect for Project, from a model code organization acceptable to authorities having jurisdiction. i. Detailed comparison of Contractor's Construction Schedule using proposed substitution with products specified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delays in delivery. j. Cost information, including a proposal of change, if any, in the Contract Sum. k. Contractor's certification that proposed substitution complies with requirements in the Contract Documents and is appropriate for applications indicated. I. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 3. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within 7 days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. a. Form of Acceptance: Change Order. b. Use product specified if Architect cannot make a decision on use of a proposed substitution within time allocated. B. Comparable Product Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. PRODUCT REQUIREMENTS 016000 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Architect will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. a. Form of Approval: As specified in Division 01 Section "Submittal Procedures." b. Use product specified if Architect cannot make a decision on use of a comparable product request within time allocated. C. Basis-of-Design Product Specification Submittal: Comply with requirements in Division 01 Section "Submittal Procedures." Show compliance with requirements. 1.4 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, product selected shall be compatible with products previously selected, even if previously selected products were also options. 1.5 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft. Comply with manufacturer's written instructions. B. Delivery and Handling: 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. C. Storage: 1. Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weather tight enclosure above ground, with ventilation adequate to prevent condensation. 4. Store cementitious products and materials on elevated platforms. 5. Store foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. 6. Comply with product manufacturer's written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. 7. Protect stored products from damage and liquids from freezing. PRODUCT REQUIREMENTS 016000 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1.6 PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. 1. Manufacturer's Warranty: Preprinted written warranty published by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by or incorporated into the Contract Documents, either to extend time limit provided by manufacturer's warranty or to provide more rights for Owner. B. Special Warranties: Prepare a written document that contains appropriate terms and identification, ready for execution. Submit a draft for approval before final execution. 1. Manufacturer's Standard Form: Modified to include Project-specific information and properly executed. 2. Specified Form: When specified forms are included with the Specifications, prepare a written document using appropriate form properly executed. 3. Refer to Divisions 2 through 16 Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Division 01 Section "Closeout Procedures." PART 2 - PRODUCTS 2.1 PRODUCT SUBSTITUTIONS A. Timing: Architect will consider requests for substitution if received within 6 days after the Notice of Award. Requests received after that time may be considered or rejected at discretion of Architect. B. Conditions: Architect will consider Contractor's request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: 1. Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Contractor's additional responsibilities may include compensation to City of Fort Lauderdale for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. 2. Requested substitution does not require extensive revisions to the Contract Documents. 3. Requested substitution is consistent with the Contract Documents and will produce indicated results. 4. Substitution request is fully documented and properly submitted. 5. Requested substitution will not adversely affect Contractor's Construction Schedule. PRODUCT REQUIREMENTS 016000 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 6. Requested substitution has received necessary approvals of authorities having jurisdiction. 7. Requested substitution is compatible with other portions of the Work. 8. Requested substitution has been coordinated with other portions of the Work. 9. Requested substitution provides specified warranty. 2.2 COMPARABLE PRODUCTS A. Conditions: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: 1. Evidence that the proposed product does not require extensive revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 3. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners, if requested. 4. Samples, if requested. PART 3 - EXECUTION (Not Used) END OF SECTION 016000 PRODUCT REQUIREMENTS 016000 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 017700 CLOSEOUT PROCEDURES AND SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection procedures. 2. Warranties. 3. Final cleaning. B. See Division 01 Section "Payment Procedures" for requirements for Applications for Payment for Substantial and Final Completion. C. See Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. D. See Divisions 02 through 07 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 1.2 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request. 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. 5. Prepare and submit Project Record Documents, maintenance manuals, and similar final record information. 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. 7. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 8. Complete final cleaning requirements, including touchup painting. 9. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. CLOSEOUT PROCEDURES AND SUBMITTALS 017700 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. 1.3 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: Revise five subparagraphs below to match the Supplementary Conditions. 1. Submit a final Application for Payment according to Division 01 Section "Payment Procedures." 2. Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 1.4 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit three copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1.5 WARRANTIES A. Submittal Time: Submit written warranties on request of Architect. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1. Bind warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 3-1/ -by-11- inch (215-by-280-mm) paper. CLOSEOUT PROCEDURES AND SUBMITTALS 017700 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor. C. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. C. Remove tools, construction equipment, machinery, and surplus material from Project site. d. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. e. Remove debris and surface dust from limited access spaces, including roofs, and similar spaces. f. Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. 1) Do not paint over "UL" and similar labels, including mechanical and electrical nameplates. g. Wipe surfaces of mechanical and electrical equipment and similar equipment. h. Leave Project clean and ready for occupancy. CLOSEOUT PROCEDURES AND SUBMITTALS 017700 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. END OF SECTION 017700 CLOSEOUT PROCEDURES AND SUBMITTALS 017700 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 024119 SELECTIVE DEMOLITION PART 1 -GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Demolition and removal of selected portions of building or structure. 2. Demolition and removal of selected site elements. 3. Salvage of existing items to be reused or recycled. B. See Division 01 Section "Construction Waste Management and Disposal" for disposal of demolished materials. 1.2 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site, unless indicated to be removed and salvaged or removed and reinstalled. B. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.3 SUBMITTALS A. Schedule of Selective Demolition Activities: Indicate detailed sequence of selective demolition and removal work, with starting and ending dates for each activity, interruption of utility services, use of elevator and stairs, and locations of temporary partitions and means of egress. B. Predemolition Photographs: Show existing conditions of adjoining construction and site improvements, including finish surfaces that might be misconstrued as damage caused by selective demolition operations. C. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes. 1. Comply with submittal requirements in Division 01 Section "Construction Waste Management and Disposal." 1.4 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work similar in material and extent to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA 241. SELECTIVE DEMOLITION 024119 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Predemolition Conference: Conduct conference at Project site. 1.5 PROJECT CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. D. Hazardous Materials: Hazardous materials may be present at certain locations in construction to be selectively demolished. A report on the presence of hazardous materials is on file for review and use for each project containing such materials. Examine report to become aware of locations where hazardous materials are present. 1. Hazardous material remediation is specified elsewhere in the Contract Documents. 2. Do not disturb hazardous materials or items suspected of containing hazardous materials except under procedures specified elsewhere in the Contract Documents. E. Storage or sale of removed items or materials on-site is not permitted. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Maintain fire-protection facilities in service during selective demolition operations. 1.6 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials so as not to void existing warranties. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. B. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. SELECTIVE DEMOLITION 024119 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect. D. Engage a professional engineer to survey condition of building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures during selective demolition operations. E. Survey of Existing Conditions: Record existing conditions by use of preconstruction photographs. 3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems: Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. 3.3 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Comply with requirements for access and protection specified in Division 01 Section "Temporary Facilities and Controls." B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. 3.4 SELECTIVE DEMOLITION A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain. 2. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 3. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain fire watch and portable fire-suppression devices during flame-cutting operations. 4. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 5. Dispose of demolished items and materials promptly. Comply with requirements in Division 01 Section "Construction Waste Management and Disposal." B. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a SELECTIVE DEMOLITION 024119 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete. 3.5 DISPOSAL OF DEMOLISHED MATERIALS General: Except for items or materials indicated to be recycled, reused, salvaged, reinstalled, or oth- erwise indicated to remain Owner's property, remove demolished materials from A. Project site and legally dispose of them in an EPA-approved landfill. 1. Comply with requirements specified in Division 01 Section "Construction Waste Management and Disposal." B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.6 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 024119 SELECTIVE DEMOLITION 024119 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 028200 ASBESTOS REMEDIATON PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Demolition and removal of selected portions of building or structure as identified in the asbestos reports concerning some city buildings. Some existing roofing to be removed contain asbestos as indicated in the reports. 1.2 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site. B. Division 2 Selective Structure Demolition. C. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.3 SUBMITTALS A. Schedule of Selective Demolition Activities: Indicate detailed sequence of selective demolition and removal work, with starting and ending dates for each activity, interruption of utility services, use of elevator and stairs, and locations of temporary partitions and means of egress. B. Predemolition Photographs: Show existing conditions of adjoining construction and site improvements, including finish surfaces, that might be misconstrued as damage caused by selective demolition operations. C. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes. 1. Comply with submittal requirements in Division 01 Section "Construction Waste Management and Disposal." 1.4 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work similar in asbestos containing material and extent to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA 241. D. Predemolition Conference: Conduct conference at Project site. ASBESTOS REMEDIATION 028200 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1.5 PROJECT CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. B. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. 1. If additional areas suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect. City of Fort Lauderdale will verify hazardous materials and modify contract as appropriate to cover additional work. C. Hazardous Materials: Hazardous materials are present in some construction sites to be selectively demolished. A report on the presence of hazardous materials is on file for review and use. Examine report to become aware of locations where hazardous materials are present. 1. Do not disturb hazardous materials or items suspected of containing hazardous materials except under procedures specified elsewhere in the Contract Documents. 1.6 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials so as not to void existing warranties. PART 2 - EXECUTION 2.1 EXAMINATION A. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. B. Survey of Existing Conditions: Record existing conditions by use of preconstruction photographs. 1. Comply with requirements specified in Division 01 Section "Construction Progress Documentation." C. Existing Services/Systems: Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. 2.2 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. Comply with requirements for access and protection specified in Division 01 Section "Temporary Facilities and Controls." B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. ASBESTOS REMEDIATION 028200 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Dispose of demolished items and materials promptly. Clean salvaged items. C. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete. 2.3 DISPOSAL OF DEMOLISHED MATERIALS A. General: remove demolished materials from Project site and legally dispose of them in an EPA-approved landfill. 1. Comply with requirements specified in Division 01 Section "Construction Waste Management and Disposal." B. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 2.4 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 028200 ASBESTOS REMEDIATION 028200 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 073113 ASPHALT SHINGLES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following, to match the existing pattern and colors where indicated to be a repair or patch situation: 1. Asphalt shingles. 2. Felt underlayment. 3. Self-adhering sheet underlayment. 4. Ridge vents. 1.2 SUBMITTALS A. Product Data: For each product indicated. B. Samples: For asphalt shingles, ridge and hip cap shingles, and ridge vent. C. Product test reports. D. Research/evaluation reports. 1.3 QUALITY ASSURANCE A. Source Limitations: Obtain ridge and hip cap shingles ridge vents felt underlayment and self- adhering sheet underlayment through one source from a single asphalt shingle manufacturer. B. Fire-Test-Response Characteristics: Provide asphalt shingle and related roofing materials with the fire-test-response characteristics indicated, as determined by testing identical products per test method below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. 1. Exterior Fire-Test Exposure: Class A; ASTM E 108 or UL 790, for application and roof slopes indicated. C. Preinstallation Conference: Conduct conference at place to be determined. D. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.4 WARRANTY A. Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace asphalt shingles that fail in materials within specified warranty period. 1. Material Warranty Period: 30 years from date of Substantial Completion, prorated, with first 5 years nonprorated. 2. Algae-Discoloration Warranty Period: Asphalt shingles will not discolor 10 years from date of Substantial Completion. ASPHALT SHINGLES 073113 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products specified. 2. Products: Subject to compliance with requirements, provide one of the products specified. 2.2 GLASS-FIBER-REINFORCED ASPHALT SHINGLES A. Laminated-Strip Asphalt Shingles: ASTM D 3462, laminated, multi-ply overlay construction, glass-fiber reinforced, mineral-granule surfaced, and self-sealing. 1. Available Products: a. Atlas Roofing Corporation; b. Celotex Corporation; C. CertainTeed Corporation; d. Elk Corporation of Dallas; e. EMCO Limited, Building Products Division; f. GAF Materials Corporation; g. Georgia-Pacific Corporation; h. Globe Building Materials, Inc.; i. I KO; j. Malarkey Roofing Company; k. Owens Corning; I. PABCO Roofing Products; m. TAMKO Roofing Products, Inc.; B. Multitab-Strip Asphalt Shingles: ASTM D 3462, glass-fiber reinforced, mineral-granule surfaced, and self-sealing. 1. Available Products: a. Atlas Roofing Corporation; b. CertainTeed Corporation; C. GAF Materials Corporation; d. Georgia-Pacific Corporation; e. Globe Building Materials, Inc.; f. I KO; g. Malarkey Roofing Company; h. Owens Corning; i. PABCO Roofing Products; j. TAMKO Roofing Products, Inc.; 2. Tab Arrangement: Four tab, regularly spaced or as indicated through existing conditions to be verified. ASPHALT SHINGLES 073113 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Hip and Ridge Shingles: Manufacturer's standard units to match asphalt shingles or Site- fabricated units cut from asphalt shingle strips. Trim each side of lapped portion of unit to taper approximately 1 inch( 5 mm). 2.3 UNDERLAYMENT MATERIALS A. Felts: ASTM D 226 or ASTM D 4869, Type I, asphalt-saturated organic felts, nonperforated. B. Self-Adhering Sheet Underlayment, Granular Surfaced: ASTM D 1970, minimum of 55-mil- (1.4-mm-) thick sheet; glass-fiber-mat-reinforced, SBS-modified asphalt; mineral-granule surfaced; with release paper backing; cold applied. C. Self-Adhering Sheet Underlayment, Polyethylene Faced: ASTM D 1970, minimum of 40-mil- (1.0- -mil- (1.0- mm-) thick, slip-resisting, polyethylene-film-reinforced top surface laminated to SBS- modified asphalt adhesive, with release paper backing; cold applied. 2.4 RIDGE VENTS A. Rigid Ridge Vent: Manufacturer's standard rigid section high-density polypropylene or other UV-stabilized plastic ridge vent with nonwoven geotextile filter strips and with external deflector baffles; for use under ridge shingles. 1. Available Products: a. Air Vent Inc., a CertainTeed Company; ShingleVent 11. b. Cor-A-Vent, Inc.; V-Series. C. GAF Materials Corporation; Cobra Rigid Vent 11. d. Globe Building Materials, Inc.; SmartAir Ridge Vent. e. Lomanco, Inc.; OR-4. f. Mid-America Building Products; RidgeMaster Plus. g. Obdyke, Benjamin Incorporated; Xtractor Vent X18. h. Owens Corning; VentSure Ridge Vent. i. Ridglass Manufacturing Company, Inc.; Coolvent. j. Solar Group, Inc. (The), a Gibraltar Company; PRV4. k. Trimline Building Products; Trimline Ridge Vent. 2.5 ACCESSORIES A. Asphalt Roofing Cement: ASTM D 4586, Type 11, asbestos free. B. Roofing Nails: To conform to FBC RAS 115 standards. 1. Where nails are in contact with metal flashing, use nails made from same metal as flashing. C. Felt Underlayment Nails: Aluminum, stainless-steel, or hot-dip galvanized steel wire with low profile capped heads or disc caps. 2.6 METAL FLASHING AND TRIM A. Sheet Metal Flashing and Trim: Comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." ASPHALT SHINGLES 073113 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Sheet Metal: Stainless steel Zinc-tin alloy-coated stainless steel, Zinc-coated (galvanized) steel. B. Fabricate sheet metal flashing and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to design, dimensions, metal, and other characteristics of item. PART 3 - EXECUTION 3.1 UNDERLAYMENT INSTALLATION A. Single-Layer Felt Underlayment: Install single layer of felt underlayment on roof deck perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches(50 mm) over underlying course. Lap ends a minimum of 4 inches(100 mm). Stagger end laps between succeeding courses at least 72 inches(1330 mm). Fasten with Tin Tag perFBC TAS and RAS requirements. 1. Install felt underlayment on roof deck not covered by self-adhering sheet underlayment. Lap sides of felt over self-adhering sheet underlayment not less than 3 inches(75 mm) in direction to shed water. Lap ends of felt not less than 6 inches(150 mm) over self- adhering sheet underlayment. B. Double-Layer Felt Underlayment: Install double layers of felt underlayment on roof deck perpendicular to roof slope in parallel courses. Install a 19-inch-(435-mm-) wide starter course at eaves and completely cover with full-width second course. Install succeeding courses lapping previous courses 19 inches(435 mm) in shingle fashion. Lap ends a minimum of 6 inches(150 mm). Stagger end laps between succeeding courses at least 72 inches(1330 mm). Fasten with felt underlayment tin tags as approved by code authority and Architect. 1. Install felt underlayment on roof sheathing not covered by self-adhering sheet underlayment. Lap edges over self-adhering sheet underlayment not less than 3 inches(75 mm) in direction to shed water. C. Self-Adhering Sheet Underlayment: Install self-adhering sheet underlayment, wrinkle free, on roof deck. Comply with low-temperature installation restrictions of underlayment manufacturer if applicable. Install at locations indicated, lapped in direction to shed water. Lap sides not less than 3-1/2 inches(39 mm). Lap ends not less than 6 inches(150 mm) staggered 24 inches( 00 mm) between courses. Roll laps with roller. Cover underlayment within seven days. 3.2 METAL FLASHING INSTALLATION A. General: Install metal flashings and other sheet metal to comply with requirements in FBC (latest edition) RAS and TAS "Sheet Metal Flashing and Trim " . 1. Install metal flashings according to recommendations in ARMA's "Residential Asphalt Roofing Manual" and asphalt shingle recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." ASPHALT SHINGLES 073113 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.3 ASPHALT SHINGLE INSTALLATION A. Install asphalt shingles according to manufacturer's written instructions, recommendations in ARMA's "Residential Asphalt Roofing Manual," and asphalt shingle recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." "FBC's RAS, TAS requirements. B. Install starter strip along lowest roof edge, consisting of an asphalt shingle strip at least 7 inches(175 mm) wide with self-sealing strip face up at roof edge. 1. Extend asphalt shingles 1/2 inch(13 mm) over fascia at eaves and rakes. C. Install first and remaining courses of asphalt shingles stair-stepping diagonally across roof deck with manufacturer's recommended offset pattern at succeeding courses, maintaining uniform exposure. D. Fasten asphalt shingle strips with a minimum of six roofing nails located according to manufacturer's written instructions to maintain code hurricane requirement. E. Woven Valleys: Extend succeeding asphalt shingle courses from both sides of valley 12 inches(300 mm) beyond center of valley, weaving intersecting shingle-strip courses over each other. Use one-piece shingle strips without joints in the valley. F. Closed-Cut Valleys: Extend asphalt shingle strips from one side of valley 12 inches(300 mm) beyond center of valley. Use one-piece shingle strips without joints in the valley. Fasten with extra nail in upper end of shingle. Install asphalt shingle courses from other side of valley and cut back to a straight line 2 inches(50 mm) short of valley centerline. Trim upper concealed corners of cut-back shingle strips. 1. Do not nail asphalt shingles within 6 inches(150 mm) of valley center. 2. Set trimmed, concealed-corner asphalt shingles in a 3-inch-(75-mm-) wide bed of asphalt roofing cement. G. Open Valleys: Cut and fit asphalt shingles at open valleys, trimming upper concealed corners of shingle strips. Maintain uniform width of exposed open valley from highest to lowest point. 1. Set valley edge of asphalt shingles in a 3-inch-(75-mm-) wide bed of asphalt roofing cement. 2. Do not nail asphalt shingles to metal open valley flashings. H. Ridge Vents: Install continuous ridge vents over asphalt shingles according to manufacturer's written instructions. Fasten with roofing nails of sufficient length to penetrate sheathing. I. Ridge and Hip Cap Shingles: Maintain same exposure of cap shingles as roofing shingle exposure. Lap cap shingles at ridges to shed water away from direction of prevailing winds. Fasten with roofing nails of sufficient length to penetrate sheathing. END OF SECTION 073113 ASPHALT SHINGLES 073113 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 073213 CLAY ROOF TILES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Clay roof tiles. 2. Tile accessories. 3. Felt underlayment. 4. Self-adhering sheet underlayment. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples: For each type of clay tile, clay tile accessory, and fastening. C. Research/evaluation reports. D. Maintenance data. 1.3 QUALITY ASSURANCE A. Fire-Test-Response Characteristics: Provide clay tiles and related roofing materials with the fire-test-response characteristics indicated, as determined by testing identical products per test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. 1. Exterior Fire-Test Exposure: Class A; UL 790 or ASTM E 108 for application and roof slopes indicated. B. Preinstallation Conference: Conduct conference at to be determined at time of contract. C. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. PART 2 - PRODUCTS 2.1 CLAY TILES A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: B. Products: Subject to compliance with requirements, provide one of the following: 1. Altusa/Interclay, Corp.;. 2. Ameri-Clay Roof Tile;. 3. Claymex Brick & Tile Co.;. 4. Deleo Clay Tile;. CLAY ROOF TILES 073213 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 5. D'Hanis Brick &Tile Company;. 6. Gladding, McBean, Div. of Pacific Coast Building Products, Inc.;. 7. International Roofing Products, Inc.;. 8. Ludowici Roof Tile, Inc.;. 9. MCA Tile;. 10. US Tile Co.;. 11. Zion Tile Corp.;. C. Clay Tile: ASTM C 1167, molded- or extruded-clay roof tile units of shape and configuration indicated, kiln fired to vitrification, and free of surface imperfections. Provide with fastening holes prepunched at factory before firing. 1. Durability: Grade 1. 2. High-Profile Shape: Type I, Spanish or S straight mission, two piece straight barrel mission, two piece. 3. Flat Shape: Type III, flat shingle flat interlocking. 4. High Low-Profile-Shape Clay Tile Accessories: Ridge vent ridge end hip and hip starter header course L-shaped rake edge roll rake edge starter end band terminal eave closure and top fixture units, color to match roof tile. 5. Flat-Shape Clay Tile Accessories: Ridge and closed ridge end hip and hip starter header course L-shaped rake edge starter end band and terminal units, color to match roof tile. 2.2 ACCESSORIES A. Asphalt Roofing Cement: ASTM D 4586, Type II, asbestos free. B. Cold-Applied Adhesive: Manufacturer's standard asphalt-based, one- or two-part, asbestos- free, cold-applied adhesive specially formulated for compatibility and use with underlayments. C. Foam Adhesive: Two-component polyurethane expanding adhesive recommended for application by tile manufacturer. D. Mortar: ASTM C 270, Type M, natural color for concealed-from-view mortar. 1. Mortar Pigment: ASTM C 979. Produce mortar matching the color of tile selected for exposed-to-view mortar. E. Eave Closure: Manufacturer's standard EPDM, stainless-steel eave closure formed to shape of tile. F. Wood Nailers, Beveled Cant Strips and Battens: Pressure treated wood. 2.3 FASTENERS A. Roofing Nails: ASTM F 1667, copper, 0.135-inch- (3.4-mm-) aluminum, 0.1055-inch- ( .7- mm-) hot-dip galvanized steel, 0.1055-inch- (2.7-mm-) diameter shank, sharp-pointed, conventional roofing nails with barbed shanks; minimum 3/3-inch- (10-mm-) diameter head; and of sufficient length to penetrate 3/4 inch (19 mm) into wood battens solid wood decking roof-deck sheathing. CLAY ROOF TILES 073213 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Felt Underlayment Nails: Aluminum, stainless-steel, or hot-dip galvanized steel wire with low-profile capped heads or disc caps, 1-inch ( -mm) minimum diameter. C. Wood Batten Nails: ASTM F 1667, common or box, steel wire, flat head, and smooth shank. D. Wire Ties: Stainless steel, 0.033-inch (2.1-mm) minimum diameter. E. Twisted-Wire-Tie System: Continuously twisted two-wire unit with loops formed at 6 inches (150 mm) apart, minimum .1-inch- (2.5-mm-) diameter brass wire and 0.06-inch- (1.5-mm-) diameter brass tie wires .1-inch- (2.5-mm-) diameter copper wire and 0.06-inch- (1.5-mm-) diameter brass tie wires 0.033-inch- (2.1-mm-) diameter stainless-steel wire and 0.037-inch- (0.94-mm-) diameter stainless-steel tie wires 0.033-inch- (2.1-mm-) diameter galvanized steel wire and 0.037-inch- (0.94-mm-) diameter galvanized steel tie wires, with matching-metal folding clip anchors. F. Single-Line Wire-Tie System: Interconnecting eave-to-ridge system, minimum 0.1-inch- (2.5- mm-) diameter brass 0.09-inch- (2.3-mm-) diameter galvanized steel wire, preformed to accommodate tile type and application indicated. G. Hook Nails: One-piece wind lock and tile fastener system, minimum .1-inch- (2.5-mm-) diameter brass 0.09-inch- (2.3-mm-) diameter galvanized steel wire, for direct deck nailing. H. Tile Locks: Brass Copper Stainless-steel Hot-dip galvanized steel, .1-inch- (2.5-mm-) diameter wire device designed to secure butt edges of cover tiles. I. Storm Clips: Brass Stainless-steel Hot-dip galvanized steel strap-type, 0.04-by-1/2-inch (1.0- by-13-mm) L-shaped retainer clips designed to secure side edges of tiles. Provide with two fastener holes in base flange. 2.4 UNDERLAYMENT MATERIALS A. Roof Felt Underlayment: ASTM D 226, Type II, asphalt-saturated organic felt, unperforated. B. Roof Felt Underlayment: ASTM D 2626, asphalt-saturated and -coated organic felt, dusted with fine mineral surfacing on both sides, unperforated. C. Roll Roofing Underlayment: ASTM D 249, Type I, asphalt-saturated and -coated organic felt, mineral-granule surfaced. D. Self-Adhering Sheet Underlayment, Granular Surfaced: ASTM D 1970, minimum of 55 mils (1.4 mm) thick; glass-fiber-mat-reinforced, SBS-modified asphalt; mineral-granule surfaced; with release-paper backing; cold applied. Provide primer for adjoining concrete or masonry surfaces to receive underlayment. E. Self-Adhering Sheet Underlayment, Polyethylene Faced: ASTM D 1970, minimum of 40 mils (1.0 mm) thick; slip-resisting, polyethylene-film-reinforced top surface laminated to SBS- modified asphalt adhesive, with release-paper backing; cold applied. Provide primer for adjoining concrete or masonry surfaces to receive underlayment. 2.5 SHEET METAL FLASHING AND TRIM A. Sheet Metal Flashing and Trim: Comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." CLAY ROOF TILES 073213 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Sheet Metal: Stainless steel, Zinc-tin alloy-coated stainless steel, Coil-coated aluminum Anodized aluminum Aluminum, mill finished , Galvanized steel.24 ga. PART 3 - EXECUTION 3.1 UNDERLAYMENT INSTALLATION A. General: Install underlayments according to tile manufacturer's written recommendations and recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." B. Single-Layer Roof Felt Underlayment: Install perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches ( 0 mm) over underlying course. Lap ends a minimum of 4 inches (100 mm). Stagger end laps between succeeding courses at least 72 inches (1830 mm). Fasten with felt underlayment roofing nails. 1. Install felt underlayment on roof deck not covered by self-adhering sheet underlayment. Lap sides not less than 3 inches (75 mm) over self-adhering sheet underlayment in direction to shed water. Lap ends not less than 6 inches (150 mm) over self-adhering sheet underlayment. C. Double-Layer Roof Felt Underlayment: Install perpendicular to roof slope in parallel courses. Install a 19-inch- (435-mm-) wide starter course at eaves and completely cover with full-width second course. Install succeeding courses lapping previous courses 19 inches (435 mm) in shingle fashion. Lap ends a minimum of 6 inches (150 mm). Stagger end laps between succeeding courses at least 72 inches (1330 mm). Fasten with roofing nails. 1. Install roof felt underlayment on roof sheathing not covered by self-adhering sheet underlayment. Lap edges not less than 3 inches (75 mm) over self-adhering sheet underlayment in direction to shed water. D. Double-Layer Roof Felt/Roll Roofing Underlayment: 1. Install single layer of roof felt underlayment perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches (50 mm) over underlying course. Lap ends a minimum of 4 inches (100 mm). Stagger end laps between succeeding courses at least 72 inches (1330 mm). Fasten with roofing nails. 2. Install roll roofing underlayment in same direction as roof felt underlayment in parallel courses. Lap ends a minimum of 6 inches (150 mm). Stagger end laps between succeeding courses at least 72 inches (1330 mm). a. Mechanically fasten over felt underlayment. b. Adhere to felt underlayment with uniform coating of cold-applied adhesive. E. Self-Adhering Sheet Underlayment: Install wrinkle free, complying with low-temperature installation restrictions of underlayment manufacturer if applicable. Install at locations indicated below, lapped in direction to shed water. Lap sides not less than 3-1/2 inches (3 mm). Lap ends not less than 6 inches (150 mm), staggered 24 inches (600 mm) between succeeding courses. Roll laps with roller. Cover underlayment within seven days. F. Double-Layer Roof Felt/Self-Adhering Sheet Underlayment: CLAY ROOF TILES 073213 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Install roof felt underlayment perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches (50 mm) over underlying course. Lap ends a minimum of inches (100 mm). Stagger end laps between succeeding courses at least 72 inches (1830 mm). Fasten with roofing nails. 2. Install self-adhering sheet underlayment, wrinkle free, on roof felt underlayment. Comply with low-temperature installation restrictions of underlayment manufacturer if applicable. Lap sides not less than 3-1/2 inches (89 mm) in direction to shed water. Lap ends not less than 6 inches (150 mm), staggered 24 inches (600 mm) between succeeding courses. Roll laps with roller. Cover underlayment within seven days. 3.2 METAL FLASHING INSTALLATION A. General: Install metal flashings and other sheet metal to comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." 1. Install metal flashings according to tile manufacturer's written recommendations and recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." 3.3 WOOD NAILERS A. Install wood nailers at ridges hips rakes and securely fasten to roof deck. B. Install beveled wood cant at eaves and securely fasten to roof deck. C. Install nominal 1-by-2-inch ( 5-by-50-mm) wood battens horizontally over 1/2-inch- (13-mm-) high, pressure-preservative-treated wood lath strips 48 inches (1200 mm) long with ends separated by 1/2 inch (13 mm) at spacing required by roof tile manufacturer and securely fasten to roof deck. 1. Install nominal 1-by-2-inch ( 5-by-50-mm) Insert dimensions wood counter battens vertically spaced 24 inches (600 mm) apart and securely fasten to roof deck. 3.4 TILE INSTALLATION A. General: Install roof tiles according to manufacturer's written instructions and recommendations in RTI/WSRCA's "Concrete and Clay Roof Tile Design Criteria Installation Manual for Moderate Climate Regions," and to NRCA's "The NRCA Roofing and Waterproofing Manual." 1. Maintain uniform exposure and coursing of tiles throughout roof. 2. Extend tiles 2 inches (50 mm) over eave fasciae. 3. Nail Fastening: Drive nails to clear the tile so the tile hangs from the nail and is not drawn up. a. Install wire through nail holes of cut tiles that cannot be nailed directly to roof deck, and fasten to nails driven into deck. 4. Wire Tie Fastening: Install wire-tie systems and fasten tile according to manufacturer's written instructions. 5. Foam-Adhesive Setting: Install tile according to FRSA/NTRMA's "Concrete and Clay Roof Tile Installation Manual." 6. Install storm clips to capture edges of longitudinal sides of tiles and securely fasten to roof deck. 7. Install tile locks to support and lock overlying tile butts to underlying tiles. CLAY ROOF TILES 073213 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 8. Cut and fit tiles neatly around roof vents, pipes, ventilators, and other projections through roof. Fill voids with mortar. 9. Install tiles with color blend approved by Architect. END OF SECTION 073213 CLAY ROOF TILES 073213 - 6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 073216 CONCRETE ROOF TILES PART 1 —GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Concrete roof tiles. 2. Tile accessories. 3. Felt underlayment. 4. Self-adhering sheet underlayment. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples: For each type of concrete tile, concrete tile accessory, and fastening. C. Research/evaluation reports. D. Maintenance data. 1.3 QUALITY ASSURANCE A. Fire-Test-Response Characteristics: Provide concrete tiles and related roofing materials with the fire-test-response characteristics indicated, as determined by testing identical products per test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. 1. Exterior Fire-Test Exposure: Class A; UL 790 or ASTM E 108 for application and roof slopes indicated. B. Preinstallation Conference: Conduct conference at Location determined at contract award. C. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. PART 2 - PRODUCTS 2.1 CONCRETE TILE A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: B. Products: Subject to compliance with requirements, provide one of the following: 1. Bartile;. 2. Dectile;. CONCRETE ROOF TILES 073216- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3. Eagle Roofing Products;. 4. Entegra Roof Tile Corp.;. 5. Hanson Roof Tile, Inc.;. 6. MonierLifetile;. 7. Staco Roof Tile;. 8. Vande Hey-Raleigh Mfg., Inc.;. 9. Westile Roofing Products;. C. Concrete Tile: ASTM C 1492, molded- or extruded-concrete roof tile units of shape and configuration indicated, with integral color, and free of surface imperfections. Provide with fastening holes predrilled at factory when manufactured. 1. High-Profile Shape: Type I, Spanish or S. 2. Low-Profile Shape: Type III, flat shingle. 3. High-Profile-Shape Concrete Tile Accessories: Ridge ridge vent ridge end hip and hip starter header course L-shaped rake edge roll rake edge starter end band and terminal units, color to match roof tile. 4. Low-Profile-Shape Concrete Tile Accessories: Ridge and closed ridge end hip and hip starter header course L-shaped rake edge starter end band and terminal units, color to match roof tile. 2.2 ACCESSORIES A. Asphalt Roofing Cement: ASTM D 4586, Type II, asbestos free. B. Cold-Applied Adhesive: Manufacturer's standard asphalt-based, one- or two-part, asbestos- free, cold-applied adhesive specially formulated for compatibility and use with underlayments. C. Foam Adhesive: Two-component polyurethane expanding adhesive recommended for application by tile manufacturer. D. Mortar: ASTM C 270, Type M, natural color for concealed-from-view mortar. 1. Mortar Pigment: ASTM C 979. Produce mortar matching the color of tile selected for exposed-to-view mortar. E. Eave Closure: Manufacturer's standard EPDM, stainless-steel, zinc-tin alloy-coated, stainless-steel, coil-coated aluminum. Eave closure formed to shape of tile. F. Ridge Closure: Manufacturer's standard EPDM ridge closure formed to shape of tile. G. Wood Nailers, Beveled Cant Strips and Battens: Comply with requirements in for pressure- preservative-treated wood. 2.3 FASTENERS A. Roofing Nails: ASTM F 1667, hot-dip galvanized steel, 0.1055-inch-( .7-mm-) diameter shank, sharp-pointed, conventional roofing nails with barbed shanks; minimum 3/3-inch-(10- mm-) diameter head; and of sufficient length to penetrate 3/4 inch(19 mm) into solid wood decking, roof deck sheathing. CONCRETE ROOF TILES 073216 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Felt Underlayment Nails: Aluminum, stainless-steel, or hot-dip galvanized steel wire with low-profile capped heads or disc caps, 1-inch( -mm) minimum diameter. C. Wood Batten Nails: ASTM F 1667, common or box, steel wire, flat head, and smooth shank. D. Wire Ties: Copper, Brass or Stainless steel, 0.033-inch(2.1-mm) minimum diameter. E. Hook Nails: One-piece wind lock and tile fastener system, minimum 0.1-inch-(2.5-mm-) ss 0.09-inch-(2.3-mm-) diameter galvanized steel wire, for direct deck nailing. F. Tile Locks: Bras, Copper, Stainless-steel or Hot-dip galvanized steel, 0.1-inch-(2.5-mm-) diameter wire device designed to secure butt edges of cover tiles. G. Storm Clips: Brass, Stainless-steel or Hot-dip galvanized steel strap-type, 0.04-by-1/2- inch(1.0-by-13-mm) L-shaped retainer clips designed to secure side edges of tiles. Provide with two fastener holes in base flange. 2.4 UNDERLAYMENT MATERIALS A. Roof Felt Underlayment: ASTM D 226, Type II, asphalt-saturated organic felt, unperforated. B. Roof Felt Underlayment: ASTM D 2626, asphalt-saturated and -coated organic felt, dusted with fine mineral surfacing on both sides, unperforated. C. Roll Roofing Underlayment: ASTM D 249, Type I, asphalt-saturated and -coated organic felt, mineral-granule surfaced. D. Self-Adhering Sheet Underlayment, Granular Surfaced: ASTM D 1970, minimum of 55 mils(1.4 mm) thick; glass-fiber-mat-reinforced, SBS-modified asphalt; mineral-granule surfaced; with release-paper backing; cold applied. Provide primer for adjoining concrete or masonry surfaces to receive underlayment. E. Self-Adhering Sheet Underlayment, Polyethylene Faced: ASTM D 1970, minimum of 40 mils(1.0 mm) thick; slip-resisting, polyethylene-film-reinforced top surface laminated to SBS- modified asphalt adhesive, with release-paper backing; cold applied. Provide primer for adjoining concrete or masonry surfaces to receive underlayment. 2.5 SHEET METAL FLASHING AND TRIM A. Sheet Metal Flashing and Trim: Comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." 1. Sheet Metal: Stainless steel Zinc-tin alloy-coated stainless steel Coil-coated aluminum Anodized aluminum or Galvanized steel. PART 3 - EXECUTION 3.1 UNDERLAYMENT INSTALLATION A. General: Install underlayments according to tile manufacturer's written recommendations and recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." CONCRETE ROOF TILES 073216 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Single-Layer Roof Felt Underlayment: Install perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches(50 mm) over underlying course. Lap ends a minimum of 4 inches(100 mm). Stagger end laps between succeeding courses at least 72 inches(1330 mm). Fasten with felt underlayment roofing nails. 1. Install felt underlayment on roof deck not covered by self-adhering sheet underlayment. Lap sides not less than 3 inches(75 mm) over self-adhering sheet underlayment in direction to shed water. Lap ends not less than 6 inches(150 mm) over self-adhering sheet underlayment. C. Double-Layer Roof Felt Underlayment: Install perpendicular to roof slope in parallel courses. Install a 19-inch-(435-mm-) wide starter course at eaves and completely cover with full-width second course. Install succeeding courses lapping previous courses 19 inches(435 mm) in shingle fashion. Lap ends a minimum of 6 inches(150 mm). Stagger end laps between succeeding courses at least 72 inches(1330 mm). Fasten with felt underlayment roofing nails. 1. Install roof felt underlayment on roof sheathing not covered by self-adhering sheet underlayment. Lap edges not less than 3 inches(75 mm) over self-adhering sheet underlayment in direction to shed water. D. Double-Layer Roof Felt/Roll Roofing Underlayment: 1. Install single layer of roof felt underlayment on roof deck perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches(50 mm) over underlying course. Lap ends a minimum of 4 inches(100 mm). Stagger end laps between succeeding courses at least 72 inches(1330 mm). Fasten with felt underlayment roofing nails. 2. Install roll roofing underlayment in same direction as roof felt underlayment in parallel courses. Lap ends a minimum of 6 inches(150 mm). Stagger end laps between succeeding courses at least 72 inches(1330 mm). a. Mechanically fasten over felt underlayment. b. Adhere to felt underlayment with uniform coating of cold-applied adhesive or uniform coating of asphalt roofing cement. E. Self-Adhering Sheet Underlayment: Install wrinkle free, complying with low-temperature installation restrictions of underlayment manufacturer if applicable. Install at locations indicated, lapped in direction to shed water. Lap sides not less than 3-1/2 inches(39 mm). Lap ends not less than 6 inches(150 mm), staggered 24 inches( 00 mm) between succeeding courses. Roll laps with roller. Cover underlayment within seven days. F. Double-Layer Roof Felt/Self-Adhering Sheet Underlayment: 1. Install roof felt underlayment perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches(50 mm) over underlying course. Lap ends a minimum of 4 inches(100 mm). Stagger end laps between succeeding courses at least 72 inches(1330 mm). Fasten with felt underlayment roofing nails. 2. Install self-adhering sheet underlayment, wrinkle free, on roof felt underlayment. Comply with low-temperature installation restrictions of underlayment manufacturer if applicable. Lap sides not less than 3-1/2 inches(39 mm) in direction to shed water. Lap ends not less than 6 inches(150 mm), staggered 24 inches( 00 mm) between succeeding courses. Roll laps with roller. Cover underlayment within seven days. CONCRETE ROOF TILES 073216 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.2 METAL FLASHING INSTALLATION A. General: Install metal flashings and other sheet metal to comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." 1. Install metal flashings according to tile manufacturer's written recommendations and recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." 3.3 WOOD NAILERS A. Install wood nailers at ridges hips rakes and securely fasten to roof deck. B. Install beveled wood cant at eaves and securely fasten to roof deck. 3.4 CONCRETE TILE INSTALLATION A. General: Install roof tiles according to manufacturer's written instructions and recommendations in RTI/WSRCA's "Concrete and Clay Roof Tile Design Criteria Installation Manual for Moderate Climate Regions," and to NRCA's "The NRCA Roofing and Waterproofing Manual." 1. Maintain uniform exposure and coursing of tiles throughout roof. 2. Extend tiles 2 inches(50 mm) over eave fasciae. 3. Nail Fastening: Drive nails to clear the tile so the tile hangs from the nail and is not drawn up. a. Install wire through nail holes of cut tiles that cannot be nailed directly to roof deck, and fasten to nails driven into deck. 4. Foam-Adhesive or Mortar Setting: Install tile according to FRSA/NTRMA's "Concrete and Clay Roof Tile Installation Manual." 5. Install storm clips to capture edges of longitudinal sides of tiles and securely fasten to roof deck. 6. Install tile locks to support and lock overlying tile butts to underlying tiles. 7. Cut and fit tiles neatly around roof vents, pipes, ventilators, and other projections through roof. Fill voids with mortar. 8. Install tiles with color blend approved by Architect. END OF SECTION 073216 CONCRETE ROOF TILES 073216 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 075116 BUILT-UP COAL TAR ROOFING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes built-up coal-tar roofing systems. 1.2 DEFINITIONS A. Bitumen: A generic term for either asphalt or coal-tar pitch. B. Hot Coal-Tar Pitch: Coal-tar pitch heated to its equiviscous temperature, the temperature at which its viscosity is 25 centipoise for either mopping or mechanical application, within a range of plus or minus 25 deg F (14 deg C), measured at the mop cart or mechanical spreader immediately before application. C. Hot Roofing Asphalt: Roofing asphalt heated to its equiviscous temperature, the temperature at which its viscosity is 125 centipoise for mopping application and 75 centipoise for mechanical application, within a range of plus or minus 25 deg F (14 deg C), measured at the mop cart or mechanical spreader immediately before application. 1.3 SUBMITTALS A. Product Data: For each product indicated. B. Shop Drawings: Include plans, elevations, sections, details, and attachments to other Work. C. Samples: For each product included in membrane roofing system. D. Research/evaluation reports. E. Maintenance data. 1.4 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer, approved by manufacturer to install manufacturer's products. B. Source Limitations: Obtain components for roofing system from or approved by roofing system manufacturer. C. Fire-Test-Response Characteristics: Provide roofing materials with the fire-test-response characteristics indicated as determined by testing identical products per test method below by UL, FMG, or another testing and inspecting agency acceptable to authorities having jurisdiction. BUILT-UP COAL TAR ROOFING 075116 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and roof slopes indicated. D. Preinstallation Conference: Conduct conference at Project site. E. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.5 WARRANTY A. Special Warranty: Manufacturer's standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within 15 years from date of Substantial Completion. Failure includes roof leaks. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Built-up Coal-Tar Roofing: a. Hickman, W. P. Systems Inc. b. Honeywell Commercial Roofing Systems. C. Koppers Industries. 2.2 BASE-SHEET MATERIALS A. Sheathing Paper: Red-rosin type, minimum 3 Ib/100 sq. ft. (0.16 kg/sq. m). B. Base Sheet: ASTM D 4601, Type II, nonperforated, asphalt-impregnated and -coated, glass- fiber sheet, dusted with fine mineral surfacing on both sides. C. Base Sheet: ASTM D 4897, Type II, venting, nonperforated, heavyweight, asphalt- impregnated and -coated, glass-fiber base sheet with coarse granular surfacing or embossed venting channels on bottom surface. 2.3 ROOFING MEMBRANE PLIES A. Ply Sheet: ASTM D 227, coal-tar-saturated organic felt. B. Ply Sheet: ASTM D 4990, Type I, coal-tar-impregnated, glass-fiber felt and the physical properties of ASTM D 2178, Type IV. BUILT-UP COAL TAR ROOFING 075116 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2.4 FLASHING MATERIALS A. Backer Sheet: ASTM D 2178, Type IV, asphalt-impregnated, glass-fiber felt. B. Backer Sheet: Roofing system manufacturer's standard spun-bonded, nonwoven, polyester- reinforced fabric, of standard color and weight, suitable for application method specified. C. Flashing Sheet: ASTM D 6164, Type I or II, polyester-reinforced, SBS-modified asphalt sheet; granular surfaced; suitable for application method specified and as follows: 1. Granule Color: White. D. Flashing Sheet: ASTM D 6162, Type I or II, composite polyester- and glass-fiber-reinforced, SBS-modified asphalt sheet; granular surfaced; suitable for application method specified and as follows: 1. Granule Color: White. E. Flashing Sheet: ASTM D 6163, Type I or II, glass-fiber-reinforced, SBS-modified asphalt sheet; granular surfaced; suitable for application method specified and as follows: 1. Granule Color: White. 2.5 BITUMEN MATERIALS A. Asphalt Primer: ASTM D 41. B. Coal-Tar Primer: ASTM D 43. C. Coal-Tar Pitch: ASTM D 450, Type I. D. Roofing Asphalt: ASTM D 312, Type IV III or IV as recommended by built-up roofing system manufacturer for application. 2.6 AUXILIARY ROOFING MEMBRANE MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with built-up roofing. B. Asphalt Roofing Cement: ASTM D 4586, asbestos free, of consistency required by roofing system manufacturer for application. C. Coal-Tar Roofing Cement: ASTM D 5643, coal-tar-based roofing cement, asbestos free. D. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in FM 4470; designed for fastening roofing membrane components to substrate; tested by manufacturer for required pullout strength; and acceptable to roofing system manufacturer. E. Aggregate Surfacing: ASTM D 1863, No. 6 or No. 67, clean, dry, opaque, water-worn gravel or crushed stone, free of sharp edges crushed slag, free of sharp edges. BUILT-UP COAL TAR ROOFING 075116 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 F. Walkway Pads: Polymer-modified, reconstituted solid-rubber, surface-textured, slip-resisting pads, manufactured as a traffic pad for foot traffic and acceptable to roofing system manufacturer, 1/2 inch (13 mm) thick, minimum. 1. Pad Size: Varies, to suit conditions. 2.7 SUBSTRATE BOARDS A. Substrate Board: ASTM C 36, Type X gypsum wall board, 5/3 inch (16 mm) thick. B. Substrate Board: ASTM C 1177/C 1177M, glass-mat, water-resistant gypsum substrate, Type X, 5/3 inch (16 mm) thick. C. Substrate Board: ASTM C 728, perlite board, 3/4 inch (19 mm) 1 inch ( 5 mm) thick, seal coated. D. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in FMG 4470, designed for fastening substrate panel to roof deck. 2.8 ROOF INSULATION A. Extruded-Polystyrene Board Insulation: ASTM C 578, Type IV, 1. -Ib/cu. ft. ( 6-kg/cu. m) minimum density, square edged. B. Polyisocyanurate Board Insulation: ASTM C 1289, Type II, felt or glass-fiber mat facer on both major surfaces. C. Composite Polyisocyanu rate Board Insulation: ASTM C 1289, faced with insulation board on one major surface, as indicated below by type, and felt or glass-fiber mat facer on the other. D. Glass-Fiber-Board Insulation: ASTM C 726, combining glass fibers with thermosetting resin binders, faced on one side with asphalt-coated fiberglass scrim and kraft paper. E. Tapered Insulation: Provide factory-tapered insulation boards fabricated to slope of [1/8 inch per 12 inches (1:96)] [1/4 inch per 12 inches (1:48)] <Insert slope>, unless otherwise indicated. F. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated. 2.9 INSULATION ACCESSORIES A. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in FMG 4470, designed for fastening roof insulation to substrate, and acceptable to roofing system manufacturer. B. Cold Fluid-Applied Adhesive: Manufacturer's standard cold fluid-applied adhesive formulated to adhere roof insulation to substrate. C. Tapered Edge Strips: ASTM C 726, glass-fiber insulation board. BUILT-UP COAL TAR ROOFING 075116 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Cover Board: ASTM C 1177/C 1177M, glass-mat, water-resistant gypsum substrate, 1/ inch (13 mm) thick. PART 3 - EXECUTION 3.1 SUBSTRATE BOARD INSTALLATION A. Install substrate board with long joints in continuous straight lines, perpendicular to roof slopes with end joints staggered between rows. Tightly butt substrate boards together. 1. Fasten substrate board to top flanges of steel deck according to roofing system manufacturer's written instructions. 3.2 INSULATION INSTALLATION A. Coordinate installing roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday. B. Comply with roofing system manufacturer's written instructions for installing roof insulation. C. Nailer Strips: Mechanically fasten 4-inch nominal- (39-mm actual-) width wood nailer strips of same thickness as insulation perpendicular to sloped roof deck, spaced 16 feet (4.33 m) apart for roof slopes greater than 1/4 inch per 12 inches (1:43). D. Install tapered insulation under area of roofing to conform to slopes indicated. E. Install one or more layers of insulation under area of roofing to achieve required thickness. Where overall insulation thickness is or greater, install 2 or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction. F. Adhered Insulation: Install each layer of insulation and adhere to substrate as follows: 1. Prime surface of concrete deck with asphalt coal-tar primer at a rate of 3/4 gal./100 sq. ft. (0.3 L/sq. m) and allow primer to dry. 2. Set each layer of insulation in a solid mopping of hot roofing asphalt coal-tar pitch. 3. Set each layer of insulation in a cold fluid-applied adhesive. G. Mechanically Fastened Insulation: Install each layer of insulation and secure to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type. H. Mechanically Fastened and Adhered Insulation: Install each layer of insulation and secure first layer of insulation to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type. 1. Install subsequent layers of insulation in a solid mopping of hot roofing asphalt coal-tar pitch. 2. Install subsequent layers of insulation in a cold fluid-applied adhesive. BUILT-UP COAL TAR ROOFING 075116 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 I. Install cover boards over insulation with long joints in continuous straight lines with end joints staggered between rows. Loosely butt cover boards together and fasten to roof deck. 3.3 ROOFING MEMBRANE INSTALLATION A. Install built-up roofing membrane system according to roofing system manufacturer's written instructions and applicable recommendations of ARMA/NRCA's "Quality Control Guidelines for the Application of Built-up Roofing." B. Where roof slope exceeds 1/2 inch per 12 inches (1:24), install sheets of built-up roofing membrane parallel with slope and backnail. C. Coordinate installing roofing system components so insulation and roofing membrane sheets are not exposed to precipitation or left exposed at the end of the workday or when rain is forecast. D. Substrate-Joint Penetrations: Prevent coal-tar pitch or roofing asphalt from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction. E. Loosely lay one course of sheathing paper, lapping edges and ends a minimum of 2 inches ( 0 mm) and 6 inches (150 mm), respectively. F. Install one lapped course of base sheet, extending sheet over and terminating beyond cants. Attach base sheet as follows: 1. Mechanically fasten to substrate. 2. Spot- or strip-mop to substrate with hot roofing asphalt. 3. Adhere to substrate in a solid mopping of hot roofing asphalt. G. Install four ply sheets starting at low point of roofing system. Align ply sheets without stretching. Shingle side laps of ply sheets uniformly to achieve required number of plies throughout thickness of roofing membrane. Shingle in direction to shed water. Extend ply sheets over and terminate beyond cants. 1. Embed each ply sheet in a solid mopping of hot coal-tar pitch. H. Composite Roofing Membrane: Install one lapped coal-tar, glass-fiber felt ply sheet course over shingled organic felt ply sheets according to roofing system manufacturer's written instructions, starting at low point of roofing system. Offset laps from laps of preceding ply sheets and align ply sheet without stretching. Lap in direction to shed water. Embed ply sheet in a solid mopping of hot coal-tar pitch applied at rate required by roofing system manufacturer. Extend ply sheet over and terminate beyond cants. I. Aggregate Surfacing: Promptly after installing and testing roofing membrane, base flashing, and stripping, flood-coat roof surface with 70 lb/100 sq. ft. (3.5 kg/sq. m) of hot coal-tar pitch. While flood coat is hot and fluid, cast the following average weight of aggregate in a uniform course: 1. Aggregate Weight: 300 lb/100 sq. ft. (15 kg/sq. m). BUILT-UP COAL TAR ROOFING 075116 - 6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 J. Walkway Pads: Install walkway pads using units of size indicated or, if not indicated, of manufacturer's standard size according to walkway pad manufacturer's written instructions. 1. Sweep away loose aggregate surfacing and set walkway pads in additional flood coat of hot coal tar. 3.4 FLASHING AND STRIPPING INSTALLATION A. Install base flashing over cant strips and other sloping and vertical surfaces, at roof edges, and at penetrations through roof, and secure to substrates according to roofing system manufacturer's written instructions. B. Extend base flashing up walls or parapets a minimum of 8 inches (200 mm) above roofing membrane and 4 inches (100 mm) onto field of roofing membrane. C. Mechanically fasten top of base flashing securely at terminations and perimeter of roofing. D. Install stripping, according to roofing system manufacturer's written instructions, where metal flanges and edgings are set on built-up roofing. END OF SECTION 075116 BUILT-UP COAL TAR ROOFING 075116 - 7 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 075200 MODIFIED BITUMEN ROOFING PART 1 GENERAL 1.1 SECTION INCLUDES A. Anchor Sheet, Base Sheet, Interply Sheets and Roofing Membrane. B. Flashing Collar (non-metallic). C. Traffic Walkway. D. Flexible (non-metallic) Flashing. E. Rigid Roof Insulation. F. Metal Flashing and Counter flashing. G. Cants. H. Sealant for roof area. I. Related work in other Sections 1. Section 07050 — Roof Preparation and Removal 1.2 REFERENCE STANDARDS A. ASTM C165 - Measuring Compressive Properties of Thermal Insulation. B. ASTM D41 - Asphalt Primer Used in Roofing and Waterproofing. C. ASTM D312 -Asphalt Used in Roofing. D. ASTM D4601 - Asphalt Coated Glass Fiber Base Sheet Used in Roofing. E. ASTM D5147 - Methods and Testing for Modified Bitumen Roofing Felts. F. FM - Factory Mutual. G. FS — Federal Specifications. H. Florida Building Code Roofing Application Standard (RAS) 150 1.3 QUALITY ASSURANCE A. Roofing Manufacturer: Roofing system and insulation shall consist of materials and components supplied by a single Manufacturer with a minimum of ten (10) years MODIFIED BITUMINOUS ROOFING 075200-1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 successful experience in this type of work for a non-prorated, "single source", No- Dollar-Limit (NDL) Guarantee and responsibility. B. Roofing Contractor: Roofing work shall be performed by a firm certified and approved in writing by the Roofing Manufacturer for specified guarantee and have a minimum five (5) years successful experience in this type of work. C. Pre-Installation Conference: Prior to starting roofing work, the Roofing Manufacturer's Representative shall meet with the General Contractor, the Roofing Contractor, the City Engineering Inspector and the Architect at the job site for a start-up review and instruction period. The General Contractor shall record minutes of the meeting and transmit a copy to the Architect. D. Inspection at Completion: Upon completion of the installation, an inspection shall be conducted by an Authorized Technical Representative of the Roofing Manufacturer to verify that the roofing system has been installed to the Roofing Manufacturer's most current specifications and details and a written guarantee shall be issued. E. Deviations from Specifications: There shall be NO DEVIATIONS from this specification and the Roofing Manufacturer's approved specification without PRIOR WRITTEN approval of the Architect and the Roofing Manufacturer. F. Codes: The Roofing system and insulation shall comply with all requirements of the Florida Building Code. Any detail condition not specifically covered by drawing detail shall be submitted to the Architect for approval and be acceptable by the manufacturer for all the warranties and guarantees described. G. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.4 SUBMITTALS Submit the following in accordance with Section 01340, "Submittals". Work shall not commence until all submittals have been approved by the Architect. A. Specimen of Roofing Guarantee: Prior to executing contracts or before as noted. B. Specimen of Sheet Metal Warranty: Prior to executing contracts or before as noted. C. Insulation Layout Shop Drawing and Anchorage: In accordance with the requirements of the Building Code. D. Sheet Metal Details and Anchorage: In accordance with the requirements of the Building Code. E. Miami-Dade Notice of Acceptance: With list of all materials, method of application and spacing patterns of anchors. F. Roofing Manufacturer's Product Data: Indicating full compliance with requirements of this section, including installation specifications. Data must be clearly marked to MODIFIED BITUMINOUS ROOFING 075200-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 identify all materials and accessories, which the Roofing Manufacturer approves as being a complete roofing system guaranteed as a "single source" system for compliance with this section. G. Qualification Letter: From the Roofing Manufacturer clearly describing the Roofing Contractor's certification as required under Quality Assurance in this section. H. Certification Letter: From the Roofing Manufacturer certifying that all materials meet or exceed specified requirements and guarantee. I. Twenty-four (24) Hour Telephone Number: Provide the Architect with a twenty-four (24) hour telephone number in case a problem arises after working hours during the course of construction. J. Watertight Letter: From the Roofing Contractor explaining how the building will remain watertight during the entire roofing replacement operation. K. Guarantee and Maintenance Requirements: 1. Provide a complete list of ongoing maintenance procedures. 2. Provide a list of telephone numbers, procedures and persons to contact should a leak or damage occur. L. Samples: 1. Three (3) inch x five (5) inch samples of the roofing and flashing sheets. 2. Samples of exact anchoring devices to be used. 3. Twelve (12) inch long samples of exact sheet metal pieces to be used. 4. Full size sample of exact metal emergency overflow scupper to be used. 1.5 DELIVERY, HANDLING AND STORAGE A. Delivery: Deliver to the job site all materials in quantities required to allow continuity of application. All materials to be in the Manufacturer's original undamaged containers, wrappings and/or boxes bearing legible Manufacturer's identifying marks (i.e., material name, instructions, lot numbers and similar information) and approved testing agency labels. B. Storage: Store materials out of direct exposure to the elements and in accordance with Section 01610, "Delivery, Handling, and Storage." 1. Store all roofing materials on pallets off the ground by not less than four (4) inches, in a dry location, with a weather protective covering properly tied down. Use a "breathable" type covering such as a canvas tarpaulin. Polyethylene, plastic or other "non-breathable" coverings are not acceptable. 2. Store rolled goods on end. Do not double stack. 3. Store roof materials on roof deck in a manner so as to preclude overloading of deck and building structure. 4. Protect materials from damage. 5. Store materials such as solvents, adhesives and asphalt cutback products away from open flames, sparks or excessive heat. MODIFIED BITUMINOUS ROOFING 075200-3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Handling: Handle all materials in such a manner as to preclude damage and contamination with moisture or foreign matter. Handle rolled goods to prevent damage to edges or end. D. Damaged Material: Materials that are found to be damaged or stored in any manner other than stated above will be rejected, removed and replaced at the Contractor's expense. E. Stored Material: The City will not pay for stored material. 1.6 ENVIRONMENTAL REQUIREMENTS A. Precipitation: Do not install roofing materials when moisture, in any form, is present on the substrate to which the roofing materials are to be applied, when foaming of hot asphalt occurs, during precipitation or if there is a probability of precipitation during application. Take precautions to ensure that applied roofing and building materials are protected from possible moisture damage or contamination. B. Asphalt Temperature Restrictions: Special precautions shall be taken to ensure that the specified asphalt maintains a minimum acceptable four hundred twenty-five (425) degrees Fahrenheit (with a target temperature of four hundred fifty (450) degrees Fahrenheit) at the point of sheet application. Asphalt shall not be heated over five hundred (500) degrees Fahrenheit at the kettle. 1.7 GUARANTEES AND WARRANTIES A. Roofing System and Insulation Guarantee: Roofing system and insulation shall be non-prorated, "single source," No-Dollar-Limit (NDL) guaranteed, in a single document, against leaking by the Roofing Manufacturer and Certified Applicator for a period of not less than ten (10) years from the date of acceptance. The guarantee shall be issued at no additional cost to the City. B. Sheet Metal Warranty: The Roofing Contractor shall provide a five (5) year warranty on all new sheet metal. On the Roofing Contractor's letterhead, provide the following information and/or statements: 1. Address the letter to the City of Fort Lauderdale, 100 North Andrews Avenue, Fort Lauderdale, Florida, 33302. 2. RE: Five (5) Year Leak Service Warranty on Sheet Metal Work. 3. Identify the work by the Project Number, the Project's Name and the street address as noted on these specifications. 4. This letter is to serve as notification of our service warranty covering the sheet metal work, fasteners and installation on the above noted Project without further cost to the City, as follows: 5. This warranty period starts from the date of contract completion and acceptance by the City of Fort Lauderdale and runs for a five (5) year period from the acceptance date. MODIFIED BITUMINOUS ROOFING 075200-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 6. This warranty covers joint separation, leakage at respective joints of metal and visible detachment due to expansion at respective wood nailers and/or at other metal flashing attachments. 7. At any time during the life of the warranty, upon proper notice in writing by a City Representative, our firm will respond and repair any and all defects in the sheet metal flashing material, workmanship or any defects that may be attributable to sheet metal work installed by our firm. 8. Any alteration, attachment of objects or items to our work by others is not part of this service warranty and will void any and all warranty coverage by our firm. 9. Signed, notarized, name of signer, title and date. PART 2 PRODUCTS 2.1 MANUFACTURER A. Roofing System and Insulation: GAF Material Corporation, RUBEROID 1-3-1-MGP, modified bitumen roofing system with Flashing Design 2XMM for installation over GAFTEMP Isotherm and Tapered Isotherm insulation, complete with all accessories as approved by the Roofing Manufacturer to comply with a Class "B" fire classification, the Building Code, the Miami-Dade Notice of Acceptance and the specified non-prorated, "single source", NDL guarantee. B. Alternate Manufacturers of the similar SBS Modified Bitumen system specified above may be considered by the Architect if he considers the alternate manufacturers' product to be acceptable. The roof system components, warranties, guarantees and accessories as specified must be substantially the same to be considered. 2.2 ROOFING SYSTEM A. Anchor Sheet: GAF Materials Corporation, GAFGLAS #75 Base Sheet, complying with ASTM D-4601, Type 11. B. Base Sheet: GAF Materials Corporation, GAFGLAS STRATAVENT Eliminator Perforated Venting Base Sheet, complying with ASTM D-4897 Type 11. C. Interply Sheet: GAF Materials Corporation, GAFGLAS FlexP1y 6 Ply Felt, complying with ASTM D-2178 Type VI. D. Roofing Membrane: GAF Materials Corporation, RUBEROID MOP PLUS (white granules), complying with ASTM D-6164, Type 11, Grade G. E. Strip Flashing (Flashing Collar): GAF Materials Corporation, RUBEROID MOP PLUS (white granules), complying with ASTM D-6164, Type 11, Grade G. F. Traffic Walkway: 1. First Ply: GAF Materials Corporation, RUBEROID MOP (SMOOTH), complying with ASTM D-6164, Type 1, Grade S. MODIFIED BITUMINOUS ROOFING 075200-5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Second Ply (Surface Ply): GAF Materials Corporation, RUBEROID MOP PLUS (white granules), complying with ASTM D-6164, Type II, Grade G. G. Flexible (non-metallic) Flashing: 1. First Ply: GAF Materials Corporation, RUBEROID MOP (SMOOTH), complying with ASTM D-6164, Type I, Grade S. 2. Second Ply (Top Ply): GAF Materials Corporation, RUBEROID MOP PLUS (white granules), complying with ASTM D-6164, Type II, Grade G. H. Rigid Roof Insulation: 1. Flat Board: GAF Materials Corporation, GAFTEMP Isotherm, complying with ASTM C1289/FS HH-1-972, Class 1. NOT acceptable are board materials that deteriorate if submerged in water. Fiberboard or Perlite is NOT acceptable. 2. Tapered Board: GAF Materials Corporation, GAFTEMP Tapered Isotherm, complying with ASTM C1289/FS HH-1-972, Class 1. NOT acceptable are board materials that deteriorate if submerged in water. Fiberboard or Perlite is NOT acceptable. 3. Cricket Areas: GAF Materials Corporation, GAFTEMP Tapered Isotherm, complying with ASTM C1289/FS HH-1-972, Class 1. NOT acceptable are board materials that deteriorate if submerged in water. Fiberboard or Perlite is NOT acceptable. 4. Thickness: As indicated on drawings. 5. Insulation boards installed in hot asphalt shall have a maximum panel size of four (4) feet by four (4) feet. 2.3 ROOFING ACCESSORIES A. Asphalt: GAF Materials Corporation, Steep Roofing Asphalt Type IV complying with ASTM D-312. B. Bituminous Cutback Materials: 1. Primer: GAF Materials Corporation, Asphalt/Concrete Primer, complying with ASTM D-41. 2. Mastic: GAF Materials Corporation, RUBEROID Modified Flashing Cement, complying with ASTM D-4586, Type I. C. Metal Flashing and Counter flashing: 1. Sheet Metal Flashing: Twenty-four (24) gauge stainless steel, unless otherwise noted. Fabricated in accordance with the "Architectural Sheet Metal Manual" published by the Sheet Metal and Air Conditioning Contractors National Association, Inc., "The NRCA Construction Details" published by the National Roofing Contractors Association, the Building Code and the Roofing Manufacturer's recommendations. 2. Metal Drip Strip: .050" aluminum with three and one-half (3-1/2) inch flange and Kynar 500 finish to match existing metal roofing. Stainless steel .020" may be considered in some applications. 3. Continuous Metal Cleat: .060" aluminum. MODIFIED BITUMINOUS ROOFING 075200-6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 4. Wall Counter flashing: Fry Reglet Corporation, .020" stainless steel, Type SM, Surface Mounted, Springlock Reglet and .020" stainless steel, Springlock Flashing as required to comply with the Building Code and the Miami-Dade Notice of Acceptance. Reglet and flashing shall have factory formed end laps and factory mitered and welded corners. 5. Roofing Penetration Flashing: a) Connected Items: This system shall be used only where the penetrating item does not allow flashing to be slipped over. S.B.C. Industries, twenty-six (26) gauge, stainless steel flashing system PL/D, P/D, C/D, SQT/D, RT/D, H/D, CH/D, I/D, A/D or U/D with standard accessory sealant cover. Size and type as required to fit penetrating item. b) Disconnected and/or New Items: This system shall be used only where the penetrating item will allow flashing to be slipped over. S.B.C. Industries, twenty-six (26) gauge, stainless steel flashing system PUS, P/S, C/S, SQT/S, RT/S, H/S, CH/S, I/S, A/S or U/S with standard accessory sealant cover. Size and type as required to fit penetrating item. 6. Metal Coping Cap: MM Systems Corporation, Aluminum Snap-Lok Coping System with factory fabricated accessories such as mitered and welded corners and transitions. Coping, corners, transitions and splice plates shall have a Kynar 500 finish to match existing metal roofing. Style and gauge as required to fit existing parapets and to comply with the Building Code and the Miami- Dade Notice of Acceptance. 7. Plumbing Vents: Custom sized to fit existing vent pipes, one piece, two and one-half (2.5) pounds per square foot lead pipe flashing with minimum four (4) inch flange on roofing. Provide vent pipe extensions as required. 8. Roof Drains: Thirty (30) inches square, four (4) pounds per square foot lead flashing. Provide all new roof drain dome, screen ring clamp ring and all other damaged or missing parts for the existing roof drains to remain. D. Pipe Mounting Pedestal: Roof Products & Systems Corporation, RPS Pipe Mounting Pedestal with equipment rail, slide rail and pipe roller assembly. Roller size as required to fit pipe. E. Sealant: A single component, high performance, elastomeric sealant. Sonolastic NP 1 by Sonneborn Building Products; Minneapolis, MN, ASTM C920, FS TTS 0023C Type II C. F. Granules: GAF Materials Corporation, MINERAL SHIELD Granules. Mineral granules shall be of the same color as the granule surfacing of the roofing membrane. G. Cants: The same material as the insulation, closed cell type, one and one-half (1-1/2) inch minimum thickness. NOT acceptable are board materials that deteriorate if submerged in water. Fiberboard or Perlite is NOT acceptable. H. Anchor Sheet Fasteners: Provide anchor sheet fasteners in accordance with the Roofing Manufacturer's instructions to comply with the Building Code and the Miami- Dade Notice of Acceptance. MODIFIED BITUMINOUS ROOFING 075200-7 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 PART 3 EXECUTION 3.1 PREPARATION A. Existing Conditions: Prior to commencing work, visit the job site and verify all conditions that may in any way affect or prevent the proper execution of the work of this section and notify the City Engineering Inspector in writing. Do not proceed with any work until unsatisfactory conditions have been corrected in an acceptable manner. B. Existing Deck: Verify that the roof deck is dry, sound, clean and smooth, free of depressions, waves or projections. The Contractor shall survey the roof with the City Engineering Inspector to identify depressions, waves and projections. The Contractor shall fill in all voids and dips to prevent ponding, compensate any high spots and seal around all roof deck penetrations with metal bitumen dams. C. Sweep or vacuum all surfaces, removing foreign substances prior to commencement of roofing. D. Beginning of installation means acceptance of the surface of the substrates only. E. Existing building shall be kept watertight throughout the project's progress. The Contractor shall only remove and replace with new as much roofing as can be completed in one (1) working day. The Contractor shall provide a temporary watertight seal between existing roofing and new roofing at the end of each day. 3.2 SUBSTRATE PREPARATION A. Primer (Asphalt/Concrete Primer): Completely prime all masonry, concrete and metal surfaces with asphalt/concrete primer where insulation or roofing membranes are to be adhered. Primer shall be applied at the rate of one (1) to two (2) gallons per square or as required by the primer manufacturer. Allow the primer adequate time to dry. B. Anchor Sheet Application (GAFGLAS #75): Lay the anchor sheet over entire area to be roofed. Provide side laps of at least two (2) inches, end laps of at least six (6) inches and turn up vertical surfaces at least six (6) inches. Anchor to deck in accordance with the Roofing Manufacturer's instructions to comply with the Building Code and the Miami-Dade Notice of Acceptance. Comply with (RAS) 150 Table 1 for mechanical attachment. C. Insulation Application (GAFTEMP Isotherm and GAFTEMP Tapered Isotherm): Install four (4) foot by four (4) foot maximum insulation boards snug (do NOT kick into place) with staggered board joints in a full and uniform mopping of approved asphalt applied within the EVT range at the rate of twenty (20) to forty (40) pounds per square. Stagger the joints of each additional layer by as much as possible in relation to the insulation joints in the layer(s) below (minimum six (6) inch stagger) to eliminate continuous vertical gaps. At Tapered insulation and Cricket areas, all hip and valley panels must be mitered. Laced valleys are NOT acceptable. Construct to facilitate prompt and complete removal of water off of the roof deck. Apply in accordance with the Insulation Manufacturer's instructions to comply with the (RAS) 150 and the Miami- Dade Notice of Acceptance. MODIFIED BITUMINOUS ROOFING 075200-8 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Cant Strips (GAFTEMP Isotherm): Set closed cell type cants in a full mopping of approved asphalt. 3.3 ROOFING MEMBRANE INSTALLATION A. Aesthetic Considerations: An aesthetically pleasing overall appearance of the finished roofing application is a standard requirement for this project. The Contractor shall make necessary preparations, utilize recommended application techniques, apply the specified materials (i.e. granules, etc.) and exercise care in ensuring that the finished application is acceptable to the Architect. B. Roofing Application: Apply roofing in accordance with the Roofing Manufacturer's instructions to comply with (RAS) 150 and the Miami-Dade Notice of Acceptance. Application of roofing shall immediately follow application of insulation as a continuous operation. Coordinate installation of all roof related components prior to installing roofing membrane. Start the installation of all roofing plies at the low point of the roof. Cut out all manufacturing fabricated splices. Apply sheets smoothly without wrinkles, creases or fish mouths. 1. Base Sheet Application (GAFGLAS STRATAVENT Eliminator Perforated): Roll base sheet out dry, granule surface down, directly over insulation. Provide side laps of at least two (2) inches and end laps of at least four (4) inches. Stagger end laps of successive courses at least eighteen (18) inches apart. Provide perimeter venting by running the base sheet twelve (12) inches up vertical surfaces (unless detailed otherwise). 2. Interply Sheet Application (GAFGLAS FlexPly 6): Install interply sheets in a full mopping of approved asphalt applied within the EVT range at the rate of twenty (20) to forty (40) pounds per square. Install starter strips of nine and seven- eighths (9-7/8) inch and twenty-nine and one-half (29-1/2) inch widths. Apply remaining plies of full thirty-nine and three-eighths (39-3/8) inch width with a maximum seven and seven-eighths (7-7/8) inch exposure, applied shingle style. Stagger end laps of successive courses at least eighteen (18) inches apart. Interply sheets to extend at least two (2) inches above cant. Laps shall have three-eighths (3/8) inch asphalt flow out to assure sound laps. 3. Roofing Membrane Application (RUBEROID MOP PLUS): Install roofing membrane in a full mopping of approved asphalt applied at a rate of twenty-five (25) pounds per square, plus or minus fifteen (15) percent. Exert sufficient pressure on the roll during application to ensure the prevention of air pockets. Provide side laps of at least four (4) inches and end laps of at least six (6) inches. Stagger end laps of successive courses at least eighteen (18) inches apart. Membrane to extend at least two (2) inches above cant. Laps shall be rolled-in or walked-in immediately after installation and shall have three-eighths (3/8) inch asphalt flow out to assure sound laps. Broadcast mineral granules over all asphalt overruns on the roofing membrane surface, while the asphalt is still hot, to ensure a monolithic surface color. C. Base Flashing Application: Apply base flashing in accordance with the Roofing Manufacturer's instructions to comply with (RAS) 150 and the Miami-Dade Notice of Acceptance. Application of base flashing shall immediately follow application of roofing membrane as a continuous operation. Start the installation of all base flashing plies at MODIFIED BITUMINOUS ROOFING 075200-9 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 the low point of the roof. Cut out all manufacturing fabricated splices. Apply sheets smoothly without wrinkles, creases or fish mouths. 1. First Ply (MOP SMOOTH): Install first ply to roofing membrane, cant and vertical surface in a solid mopping of hot asphalt applied at the rate of twenty- five (25) pounds per square, plus or minus fifteen (15) percent. Lap adjacent sheets at least six (6) inches. First ply to extend at least six (6) inches onto roofing membrane and twelve (12) inches up vertical surfaces (unless detailed otherwise). Laps shall have three-eighths (3/8) inch asphalt flow out to assure sound laps. 2. Second Ply (Top Ply) (RUBEROID MOP PLUS): Install second ply to the first ply and roofing membrane in a solid mopping of hot asphalt applied at the rate of twenty-five (25) pounds per square, plus or minus fifteen (15) percent. Lap adjacent sheets at least six (6) inches. Second ply laps shall offset first ply laps by at least six (6) inches. Second ply to extend at least six (6) inches onto roofing membrane pass the first ply and twelve (12) inches up vertical surfaces (unless detailed otherwise). Laps shall have three-eighths (3/8) inch asphalt flow out to assure sound laps. Broadcast mineral granules over all asphalt overruns on the second ply surface, while the asphalt is still hot, to ensure a monolithic surface color. 3. Fastening: Top edge of base flashing shall be fastened through one and one- half (1-1/2) inch diameter, twenty-four (24) gauge galvanized metal compression caps or a City Architect approved equal. Fasten at six (6) inches on center for heights up to twelve (12) inches. Fasten at four (4) inches on center for heights up to twenty-four (24) inches. D. Water Cut-Off: At the end of each day's work and/or when precipitation is imminent, construct a water cut-off at all open edges in accordance with the Roofing Manufacturer's recommendations. Water cut-off shall be built using asphalt or mastic and roofing felts. Construct to withstand protracted periods of service. Water cut-off shall be completely removed prior to the resumption of roofing. 3.4 INSTALLATION OF ROOF RELATED COMPONENTS Unless otherwise approved in writing by the Architect and the Roofing Manufacturer, incorporate flanged components into the system between roofing membrane and strip flashing. The flange shall be primed with a uniform coating of primer and allowed to dry. All flanges shall be set in mastic. A. Metal Drip Strip: Completely prime metal flange and allow to dry prior to installation. After the base sheet and interply sheets have been installed, solidly mop strip flashing of sufficient width to extend completely under the flange and six (6) inches onto the roofing. Provide continuous cleat at drip strip where drip exceeds four (4) inches in height. Secure cleat to nailer with one and one-quarter (1-1/4) inch, stainless steel, ring-shanked roofing nails at twelve (12) inches on center. Set the drip strip flange in a troweling of mastic and stagger nail at three (3) inches on center with one and one- quarter (1-1/4) inch, stainless steel, ring-shanked roofing nails. Install in ten (10) foot lengths with six (6) inch laps. The interior of the metal shall be coated with mastic at laps. No two (2) laps closer than five (5) feet. Notch bottom and crimp top to lock laps. The roofing membrane shall then be applied, terminating at the gravel stop rise of the drip strip. MODIFIED BITUMINOUS ROOFING 075200-10 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Metal Coping Cap: Attach continuous anchor plate to top of parapet in accordance with the Manufacturer's written instructions to comply with the Building Code and the Miami-Dade Notice of Acceptance. Snap coping onto anchor plate. Coping counterflashing to extend a minimum of four (4) inches below the anchorage at the top of the base flashing. Install in full twelve (12) foot lengths with concealed six (6) inch wide sealed splice plates. No two (2) splices closer than six (6) feet. No exposed fasteners. C. Metal Counter flashing: Provide continuous bead of sealant in recess prior to attaching reglet in a uniform line at about ten (10) inches above the cant strip using factory supplied seven-eighths (7/8) inch stainless steel drive pins with neoprene washers. Snap counterflashing into reglet. Counter flashing to extend a minimum of four (4) inches below the anchorage at the top of the base flashing. Install in full ten (10) foot lengths with one (1) inch laps at reglet and four (4) inch mastic sealed laps at counterflashing. No two (2) laps closer than five (5) feet. Provide continuous bead of sealant along top edge between stucco and reglet. Installation to comply with the Building Code and the Miami-Dade Notice of Acceptance. D. Lead Pipe Flashing: After the roofing membrane has been installed, embed the primed lead flanges in a full bed of mastic and roll lead flashing one (1) inch down into pipe. Top of all plumbing vents shall be a minimum of eight (8) inches above roofing membrane. Provide extensions as required. Strip in the flange with a flashing collar sufficiently wide enough to cover the entire flange width and to extend eight (8) inches past the edge of the flange onto the roofing membrane using mastic. A three-eighths (3/8) inch flow out of mastic is required. The roofing membrane shall terminate at the rise of the lead pipe flashing. Broadcast mineral granules over mastic flow out on the roofing membrane surface to ensure a monolithic surface color. With a cant of mastic, seal flashing collar around lead pipe flashing. E. Roofing Penetration Flashing: 1. Connected Roofing Penetration Item: After the roofing membrane has been installed, mate shop fabricated half sections of base sleeve together around penetrating item and solder vertical and horizontal seams watertight. Embed the primed flashing flange in a full bed of mastic. Using mastic, strip in the flange with a flashing collar sufficiently wide and long enough to cover the entire flange and to extend eight (8) inches past the edge of the flange onto the roofing membrane. A three-eighths (3/8) inch flow out of mastic is required. The flashing collar shall terminate at the rise of the base sleeve. Broadcast mineral granules over mastic flow out on the roofing membrane surface to ensure a monolithic surface color. With a cant of mastic, seal flashing collar around base sleeve. Using a solvent with a rapid evaporation rate and leaving no residue, clean area of penetrating item directly above base sleeve. Wrap a single layer of one-quarter (1/4) inch to three-eighths (3/8) inch by one (1) inch wide closed cell foam tape around penetrating item one-quarter (1/4) inch above top of base sleeve. Wrap counterflashing around base sleeve one- quarter (1/4) inch above top of tape and solder vertical seam watertight. Apply sealant into channel and tool for positive runoff. Apply sealant cover directly above sealant. 2. Disconnected and/or New Roofing Penetration Item: After the roofing membrane has been installed, slide the flashing unit over the penetrating item. Embed the primed flashing flange in a full bed of mastic. Using mastic, strip in MODIFIED BITUMINOUS ROOFING 075200-11 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 the flange with a flashing collar sufficiently wide and long enough to cover the entire flange and to extend eight (8) inches past the edge of the flange onto the roofing membrane. A three-eighths (3/8) inch flow out of mastic is required. The flashing collar shall terminate at the rise of the base sleeve. Broadcast mineral granules over mastic flow out on the roofing membrane surface to ensure a monolithic surface color. With a cant of mastic, seal flashing collar around base sleeve. Using a solvent with a rapid evaporation rate and leaving no residue, clean area of penetrating item directly above base sleeve. Wrap a single layer of one-quarter (1/4) inch to three-eighths (3/8) inch by one (1) inch wide closed cell foam tape around penetrating item one-quarter (1/4) inch above top of base sleeve. Wrap counterflashing around base sleeve one- quarter (1/4) inch above top of tape and solder vertical seam watertight. Apply sealant into channel and tool for positive runoff. Apply sealant cover directly above sealant. F. Pipe Mounting Pedestal: Completely prime the metal flanges and allow to dry prior to installation. Space pedestals at a distance to prevent sagging of the pipe/conduit and to prevent the pipe/conduit from coming into contact with the roofing membrane. Set the flange in a troweling of mastic over completed roofing system. Install base flashing in accordance with specifications. G. Pitch Pans: Pitch pans shall NOT be used in lieu of any other penetration flashing and if deemed absolutely necessary, shall require prior approval in writing by the City Architect and the Roofing Manufacturer. H. Roof Drains: Completely prime the lead flashing and allow to dry prior to installation. After the base sheet and interply sheets have been installed, solidly mop flashing collar of sufficient width to extend completely under the lead flashing and six (6) inches onto the roofing. Set the lead flashing in a troweling of mastic. The roofing membrane shall then be applied, terminating at the inside edge of the roof drain clamping ring. Install new metal dome, screen ring, clamp ring and all other damaged, deteriorated or missing parts. I. Traffic Walkway: Cut walkway plies into maximum ten (10) foot lengths if placing parallel to roof slope and three (3) foot lengths if placing perpendicular to roof slope. Allow plies to relax until flat. Use a spacing of eight (8) inches between walkways to allow for drainage. Install both the first ply of walkway to the roofing membrane and the second ply to the first ply in a solid mopping of hot asphalt applied at a rate of twenty five (25) pounds per square, plus or minus fifteen (15) percent. Apply both plies smoothly without wrinkles, creases or fish mouths. J. Caulk all exposed finish ply edges at drip strips, vent stacks, and similar items with a smooth continuous bead of approved sealant. 3.5 FIELD QUALITY CONTROL AND INSPECTIONS A. Site Condition: Leave all areas around job site free of debris, roofing materials, equipment and related items after completion of job. MODIFIED BITUMINOUS ROOFING 075200-12 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Notification of Completion: Notify the Roofing Manufacturer by means of Manufacturer's printed Notification of Completion form of job completion in order to schedule a final inspection date. C. Final Inspection: 1. Post-Installation Meeting: Hold a meeting at the completion of the project, attended by all parties that were present at the pre-job conference. The Contractor and the Roofing Manufacturer's Representative shall compile a punch list of items required for completion. Complete, sign and mail the punch list form to the Roofing Manufacturer's headquarters. 2. Drain Verification: At final inspection of all work, verify that all drains, scuppers, and similar items are functioning properly. Ensure that roof drains have adequate strainers. 3. Issuance of the Guarantee: Complete all post installation procedures and meet the Roofing Manufacturer's final endorsement of issuance of the specified guarantee. END OF SECTION 075200 MODIFIED BITUMINOUS ROOFING 075200-13 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 075323 ETHYLENE-PROPYLENE-DIENE-MONOMER(EPDM) ROOFING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the installation of a mechanically fastened roofing membrane (EPDM) system including insulation board to the existing 'Zonolite' concrete deck system. The work includes removal of existing roofing membrane system down to the existing 'Zonolite' deck. Before removal of the existing PVC system, the contractor is to coordinate equipment reinstallation and provide new equipment curbs for equipment presently on blocks (per Florida Building Code requirements) for the existing equipment so that the integrity of the new EPDM roofing system is not compromised and all the roof manufacturer's recommendations are met. The contractor must have fully inspected the (2) roofing areas before beginning the work. The City of Fort Lauderdale will have the 'Zonolite' tested for asbestos before the re-roofing operations begin. The new EPDM roofing system consists of mechanically fastened EPDM membrane over acceptable substrate board as approved by the manufacturer and Architect. B. Once the asbestos testing has been accomplished by the City of Fort Lauderdale and the area deemed safe, the contractor is to begin and perform a pullout test on the deck following the procedure as outlined by the selected and approved manufacturer. This is to determine that the capacity of the deck (Zonolite) and metal decking conforms to the manufacturer's minimum pull-out criteria. Based on this test the attachment spacing may be increased to provide additional pull-out capacity. Contractor to base this bid on the 9" fastener spacing criteria as indicated and any additional required fasteners will be handled through the change order process. The warranty is based on 100 MPH max wind gusts. 1.2 SUBMITTALS A. Product Data: For each product indicated. B. Shop Drawings: Include plans, elevations, sections, details, and attachments to other Work. C. Samples: For each product included in membrane roofing system. D. Research/evaluation reports. E. Maintenance data. 1.3 QUALITY ASSURANCE A. Installer Qualifications: A qualified firm that is approved, authorized, or licensed by roofing system manufacturer to install manufacturer's product and that is eligible to receive manufacturer's warranty. Contractor to have 10 years minimum experience installing EPDM systems. B. Source Limitations: Obtain components for membrane roofing system approved by roofing membrane manufacturer. ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING 075323 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Fire-Test-Response Characteristics: Provide membrane roofing materials with the fire-test- response characteristics indicated as determined by testing identical products per test method below by UL, FMG, or another testing and inspecting agency acceptable to authorities having jurisdiction. 1. Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and roof slopes indicated. D. Preinstallation Conference: Conduct conference at location to be determined. E. Roofing and installation shall meet all Florida Building Code requirements for Category 2, exposure 'C', 140 MPH conditions. Warranty is based on 100 MPH maximum wind. The roof shall be certified to withstand the following pressures, calculated in accordance with ASCE 7-02: Field of roofs=-54.3 psf; Perimeter of roofs=-91.7 psf; Roof corners=137 psf. F. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.4 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements. B. Schedule and execute work to prevent leaks and excessive traffic. C. Contractor to be responsible for all sanitary accommodations for workers. 1.5 WARRANTY A. Special Warranty: Manufacturer's standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of membrane roofing system that fail in materials or workmanship within specified warranty period. Failure includes roof leaks. 1. Warranty Period: 15 years from date of Substantial Completion. Submit sample of warranty before work begins and (2) copies of warranty upon completion. 2. Submit letter of certification from manufacturer which certifies the roofing contractor is authorized to install the roof system. PART 2 - PRODUCTS 2.1 EPDM ROOFING MEMBRANE A. EPDM Roofing Membrane: ASTM D 4637, 60 mil, .060 inch, Type II, scrim or fabric internally reinforced uniform, flexible sheet made from EPDM, and as follows: 'Sure Seal' as manufactured by Carlisle. System shall have U.L. Class A rating: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the manufacturers specified. 2. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. a. Carlisle SynTec Incorporated, 'Sure Seal' reinforced. ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING 075323 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 b. Celotex Corporation. C. ERSystems. d. Firestone Building Products Company. e. GenFlex Roofing Systems. f. International Diamond Systems. g. Johns Manville International, Inc. h. Mule-Hide Products Co., Inc. i. Protective Coatings, Inc. j. Roofing Products International, Inc. k. Stafast Roofing Products. I. Versico Inc. M. 'GAF'. 3. Thickness: 60 mils, nominal. 4. Exposed Face Color: Black-on-black reinforced. 2.2 SUBSTRATE BOARDS A. Substrate Board: 1" Polyisocyanurate only as approved by the roofing manufacturer. B. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in FMG 4470, designed for fastening substrate panel to roof deck only as approved by the roofing manufacturer. 2.3 AUXILIARY MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with membrane roofing. B. Sheet Flashing: -mil thick EPDM, partially cured or cured, according to application. C. Bonding Adhesive: Manufacturer's standard bonding adhesive. D. Seaming Material: Single-component butyl splicing adhesive and splice cleaner] or [Manufacturer's standard synthetic-rubber polymer primer and 3-Inch- ( -mm-) wide minimum, butyl splice tape with release film as approved by the roofing manufacturer. E. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in FMG 4470, designed for fastening membrane to substrate, and acceptable to membrane roofing system manufacturer. Fastening shall be with 10' sheets and minimum 9" o.c., 6" at perimeter and corners or as approved by the manufacturer to meet warranty and pull-out requirements. Insulation board to be fastened with min. 3" FM approved plates. F. Miscellaneous Accessories: Provide lap sealant, water cutoff mastic, metal termination bars, pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T-joint covers, in-seam sealants, termination reglets, cover strips, and other accessories. All termination bars, edging and accessories as approved or provided by the manufacturer. ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING 075323 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2.4 ROOF INSULATION A. Provide 1" polyisocyanurate board mechanically fastened as determined by the manufacturer. 2.5 WALKWAYS A. -Flexible Walkways: Factory-formed, nonporous, heavy-duty, solid-rubber, slip-resisting, surface-textured walkway pads or rolls, approximately 3/16 inch (5 mm) thick, and acceptable to membrane roofing system manufacturer. PART 3 - EXECUTION 3.1 MECHANICALLY FASTENED ROOFING MEMBRANE INSTALLATION A. Install mechanically fastened roofing membrane in conjunction with the polyisocyanurate board over area to receive roofing according to roofing system manufacturer's written instructions. Unroll roofing membrane and allow to relax 1/2 hour before installing. B. Start installation of roofing membrane in presence of roofing system manufacturer's technical personnel. C. Accurately align roofing membranes and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps. D. Mechanically or adhesively fasten roofing membrane securely at terminations and perimeter of roofing. E. Adhesive Seam Installation: Clean both faces of splice areas, apply splicing cement, and firmly roll side and end laps of overlapping roofing membranes according to manufacturer's written instructions to ensure a watertight seam installation. Apply lap sealant and seal exposed edges of roofing membrane terminations. F. Tape Seam Installation: Clean and prime both faces of splice areas, apply splice tape, and firmly roll side and end laps of overlapping roofing membranes according to manufacturer's written instructions to ensure a watertight seam installation. Apply lap sealant and seal exposed edges of roofing membrane terminations. G. Repair tears, voids, and lapped seams in roofing that does not meet requirements. H. In-Splice Attachment: Secure one edge of roofing membrane using fastening plates or battens centered within membrane splice and mechanically fasten roofing membrane to roof deck. Field-splice seam. I. Through-Membrane Attachment: Secure roofing membrane using fastening plates or battens and mechanically fasten roofing membrane to roof deck. Cover battens and fasteners with a continuous strip. J. Protect job site and provide security. Buildings will be occupied during construction and contractor will be responsible for premises protection and safety. ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING 075323 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.2 SUBSTRATE BOARD A. Install insulation board (1" polyisocyanurate) per manufacturer of roofing system requirements with long joints in continuous straight lines, perpendicular to roof slopes with end joints staggered between rows. Tightly butt substrate boards together. 1. Fasten insulation board to top flanges of steel deck to resist uplift pressure at corners, perimeter, and field of roof according to membrane roofing system manufacturers' written instructions. 3.3 BASE FLASHING INSTALLATION A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions. B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply bonding adhesive to seam area of flashing. C. Flash penetrations and field-formed inside and outside corners with cured or uncured sheet flashing. D. Clean splice areas, apply splicing cement, and firmly roll side and end laps of overlapping sheets to ensure a watertight seam installation. Apply lap sealant and seal exposed edges of sheet flashing terminations. E. Terminate and seal top of sheet flashings and mechanically anchor to substrate through termination bars. 3.4 WALKWAY INSTALLATION A. Flexible Walkways: Install walkway products in locations indicated. Adhere walkway products to substrate with compatible adhesive according to roofing system manufacturer's written instructions. 3.5 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform roof tests and inspections and to prepare test reports. B. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel and Architect to inspect roofing installation on completion and submit report to Architect. All installations, systems and methods shall be approved by the manufacturer to maintain warranties. C. Repair or remove and replace components of membrane roofing system where test results or inspections indicate that they do not comply with specified requirements. D. When completion of flashings and terminations is not achieved by the end of the day, a daily seal must performed to temporarily close the membrane to prevent water infiltration. Use manufacturer's approved methods. END OF SECTION 075323 ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING 075323 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 075400 THERMOPLASTIC MEMBRANE ROOFING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes fully adhered membrane white roofing system and fully adhered insulation to structural concrete deck. All LEED requirements and NOA's must be complied with to the satisfaction of the Architect. 1.2 PERFORMANCE REQUIREMENTS A. Energy Performance: Provide roofing system with Solar Reflectance Index not less than 78 when calculated according to ASTM E 1980 based on testing identical products by a qualified testing agency. Insulation thickness must not be less than 4" Polyisocyanu rate anywhere on the roof measured from the structural concrete base. 1.3 SUBMITTALS A. Product Data: For each product indicated. B. LEED Submittals: 1. Product Test Reports for Credit SS 7.2: For roof materials, documentation indicating that roof materials comply with Solar Reflectance Index 78 requirements. 2. Product Data for Credit EQ 4.1: For adhesives and sealants, including printed statement of VOC content. 3. MRc4 Recycled Content (LEED Form). 4. MRc5 Local and Regional Materials (LEED Form). C. Shop Drawings: Include plans, elevations, sections, details, and attachments to other Work. D. Samples: For each product included in membrane roofing system. E. Research/evaluation reports. F. Maintenance data. 1.4 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer, with a minimum of 5 years installing these products, approved by manufacturer to install manufacturer's products. B. Source Limitations: Obtain components for membrane roofing system from or approved by roofing membrane manufacturer. THERMOPLASTIC MEMBRANE ROOFING 075400 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Installer must be capable of extending the Manufacturer's No Dollar Limit guarantee. D. Fire-Test-Response Characteristics: Provide membrane roofing materials with the fire-test- response characteristics indicated as determined by testing identical products per test method below by UL, FMG, or another testing and inspecting agency acceptable to authorities having jurisdiction. 1. Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and roof slopes indicated. E. Preinstallation Conference: Conduct conference at location to be determined. F. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.5 WARRANTY A. Special Warranty: Manufacturer's standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of membrane roofing system that fail in materials or workmanship within 20 years from date of Substantial Completion. Failure includes any roof leaks. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply for product selection: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the manufacturers specified. 2.2 THERMOPLASTIC POLYOLEFIN ROOFING MEMBRANE A. Fabric-Reinforced Thermoplastic Polyolefin Sheet: Uniform, flexible sheet formed from a thermoplastic polyolefin, internally fabric or scrim reinforced, and as follows only if the required current NOA's are available: 1. Available Manufacturers: a. Carlisle SynTec Incorporated. b. Firestone Building Products Company. C. GAF Materials Corporation. d. GenFlex Roofing Systems. e. Mule Hide f. Stevens Roofing Systems; Div. of JPS Elastomerics. g. Versico Inc. THERMOPLASTIC MEMBRANE ROOFING 075400 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Thickness: 60 mils (1.5 mm), nominal. 3. Exposed Face Color: White must have verified LEED minimum SRI rating of 78 with documentation. 4. Physical Properties: a. Breaking Strength: 225 IV (1 kN); ASTM D 751, grab method. b. Elongation at Break: 15 percent; ASTM D 751. C. Tearing Strength: 55 IV (245 N) minimum; ASTM D 751, Procedure B. d. Brittleness Point: Minus 22 deg F (30 deg C). e. Ozone Resistance: No cracks after sample, wrapped around a 3-inch- (75-mm-) diameter mandrel, is exposed for 166 hours to a temperature of 104 deg F (40 deg C) and an ozone level of 100 pphm (100 mPa); ASTM D 1149. f. Resistance to Heat Aging: 90 percent minimum retention of breaking strength, elongation at break, and tearing strength after 166 hours at 240 deg F (116 deg C); ASTM D 573. g. Water Absorption: Less than 4 percent mass change after 166 hours' immersion at 153 deg F (70 deg C); ASTM D 471. h. Linear Dimension Change: Plus or minus 2 percent; ASTM D 1204. i. Carlisle SynTec Sure-Weld Thermoplastic Polyolefin Membrane: j. Color: White. k. Membrane Thickness: 60 mil nominal. I. Thickness over Scrim: 0.020 inches (0.508mm) +/-10%. M. Field Sheet Dimensions: Width: 10 feet (3.05 m) maximum. Length: 100 feet (30.5 m) maximum. 2.3 AUXILIARY MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with membrane roofing. 1. Adhesives and sealants that are used inside of the weatherproofing system shall comply with the following limits for VOC content when calculated according to 40 CFR 59, Subpart D (EPA Method 24): The adhesives used shall be approved by the manufacturer and be compatible with the approved NOA. a. Plastic Foam Adhesives: 50 g/L. b. Gypsum Board and Panel Adhesives: 50 g/L. C. Multipurpose Construction Adhesives: 70 g/L. d. Fiberglass Adhesives: 80 g/L. e. Contact Adhesives: 80 g/L. f. Plastic Cement Welding Compounds: 350 g/L. g. PVC Welding Compounds: 510 g/L. h. Other Adhesives: 250 g/L. i. Single-Ply Roof Membrane Sealants: 450 g/L. j. Nonmembrane Roof Sealants: 300 g/L. k. Sealant Primers for Nonporous Substrates: 250 g/L. I. Sealant Primers for Porous Substrates: 775 g/L. THERMOPLASTIC MEMBRANE ROOFING 075400 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Sheet Flashing: Manufacturer's standard sheet flashing of same material, type, reinforcement, thickness, and color as TPO sheet membrane. Provide a waterproof, fully adhered base flashing system at all penetrations, plane transitions and terminations 60 Mils thick, as approved by the Manufacturer to maintain warranties. C. Bonding Adhesive: Manufacturer's standard solvent water-based bonding adhesive for membrane, and solvent-based bonding adhesive for base flashings. D. Metal Termination Bars: Manufacturer's standard predrilled stainless-steel or aluminum bars, approximately 1 by 1/8 inch ( 5 by 3 mm) thick; with anchors. E. Metal Battens: Manufacturer's standard aluminum-zinc-alloy-coated or zinc-coated steel sheet, approximately 1 inch (25 mm) wide by 0.05 inch (1.3 mm) thick, prepunched. F. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T-joint covers, termination reglets, cover strips, slip sheet, and other accessories. 2.4 ROOF INSULATION A. Polyisocyanurate Board Insulation: ASTM C 1289, Type II, felt or glass-fiber mat facer on both major surfaces as approved by the manufacturer and to conform to NOA. B. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated. 2.5 WALKWAYS A. Flexible Walkways: Factory-formed, nonporous, heavy-duty, solid-rubber, slip-resisting, surface-textured walkway pads or rolls, approximately 3/16 inch (5 mm) thick, and acceptable to membrane roofing system manufacturer. Walkway material shall be heat welded to TPO membrane using an automated heat welder or hand held heat welder. Walkway Rolls are 34 inches (864mm) wide by 50 feet (15.2 M) long and are nominal 120 mils thick. Color -White PART 3 - EXECUTION 3.1 INSULATION INSTALLATION A. Coordinate installing membrane roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday. B. Comply with membrane roofing system manufacturer's written instructions for installing roof insulation. C. Install one or more layers of insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 2 inches (50 mm) or greater, install 2 or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction. THERMOPLASTIC MEMBRANE ROOFING 075400 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Adhered Insulation: Install each layer of insulation and adhere to substrate as follows: 1. Prime surface of concrete deck with asphalt primer at a rate of 3/4 gal./100 sq. ft. (0.3 L/sq. m) and allow primer to dry. 2. Set each layer of insulation in a solid mopping of hot roofing asphalt, applied within plus or minus 25 deg F (14 deg C) of equiviscous temperature. 3. Set each layer of insulation in a cold fluid-applied adhesive. 3.2 ADHERED ROOFING MEMBRANE INSTALLATION A. Install roofing membrane over area to receive roofing according to membrane roofing system manufacturer's written instructions. Unroll roofing membrane and allow to relax before installing. 1. Install sheet according to ASTM D 5036. B. Bonding Adhesive: Apply low VOC solvent-based bonding adhesive to substrate and underside of roofing membrane at rate required by manufacturer and allow to partially dry before installing roofing membrane. Do not apply bonding adhesive to splice area of roofing membrane. C. Bonding Adhesive: Apply water-based bonding adhesive to substrate at rate required by manufacturer and immediately install roofing membrane. Do not apply bonding adhesive to splice area of roofing membrane. D. Seams: Clean seam areas, overlap roofing membrane, and hot-air weld side and end laps of roofing membrane according to manufacturer's written instructions to ensure a watertight seam installation. 1. Repair tears, voids, and lapped seams in roofing membrane that does not meet requirements. 3.3 BASE FLASHING INSTALLATION A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions. B. Apply solvent-based bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply bonding adhesive to seam area of flashing. C. Flash penetrations and field-formed inside and outside corners with sheet flashing. D. Clean seam areas and overlap and firmly roll sheet flashings into the adhesive. Weld side and end laps to ensure a watertight seam installation. E. Terminate and seal top of sheet flashings[ and mechanically anchor to substrate through termination bars]. THERMOPLASTIC MEMBRANE ROOFING 075400 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.4 WALKWAY INSTALLATION A. Flexible Walkways: Install walkway products in locations indicated. Heat weld walkway products to substrate according to roofing system manufacturer's written instructions. 3.5 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform roof tests and inspections and to prepare test reports. B. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to Architect. C. Repair or remove and replace components of membrane roofing system where test results or inspections indicate that they do not comply with specified requirements. D. All installations and details shall be approved by the manufacturer before installation. Any details not conforming to specific Manufacturer's criteria including warranty and NOA criteria shall be replaced by the contractor at no cost to the owner even if the drawing details show contrary methods. The actual manufacturer shall dictate all specifics and technical criteria and the details shown on the drawings are meant to show design intent and not specifics as to any single or particular manufacturer. However, where the Roof Details show a greater method of protection than the minimum requirements of the selected manufacturer then the contractor shall provide that more stringent or greater protection method according to the final opinion and decision of the Architect. END OF SECTION 075400 THERMOPLASTIC MEMBRANE ROOFING 075400 - 6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 076100 SHEET METAL ROOFING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following manufactured, custom-fabricated or on-site, roll-formed sheet metal roofing: 1. Standing-seam metal roofing. 2. Flat seam Gazebo roofing. 3. Copper Metal Shingles at Gazebo structures. 1.2 PERFORMANCE REQUIREMENTS A. Wind-Uplift Resistance: Capable of resisting a design negative uplift pressure as indicated on Drawings. Provide clips, fasteners, and clip spacings of type indicated and with capability to sustain, without failure, a load equal to 3 times the design negative uplift pressure. B. Wind-Uplift Resistance: Capable of producing sheet metal roofing assemblies that comply with UL 580 for Class 90 wind-uplift resistance. Conform to the Florida Building Code wind pressure requirements. 1. Maintain UL certification of portable roll-forming equipment for duration of sheet metal roofing work. 1.3 SUBMITTALS A. Product Data: For each type of underlayment product indicated. B. Shop Drawings: Show layouts of sheet metal roofing, including plans, elevations, and keyed references to termination points. 1. Include details for forming, joining, and securing sheet metal roofing, including pattern of seams, termination points, expansion joints, roof penetrations, edge conditions, special conditions, connections to adjoining work, and accessory items. C. Samples: For each exposed finish. D. Roll-Forming Equipment Certificate: Issued by UL. E. Product test reports. 1.4 QUALITY ASSURANCE A. Installer Qualifications: Fabricator of sheet metal roofing. B. Custom-Fabricated Sheet Metal Roofing Fabricator Qualifications: Shop that employs skilled workers who custom-fabricate sheet metal roofing. SHEET METAL ROOFING 076100- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Roll-Formed Sheet Metal Roofing Fabricator Qualifications: An authorized representative of roll-formed sheet metal roofing manufacturer for fabrication and installation of units. D. Sheet Metal Roofing Standard: Comply with SMACNA's "Architectural Sheet Metal Manual." E. Copper Roofing Standard: Comply with CDA's "Copper in Architecture Handbook." 1. Substantial Completion. F. Preinstallation Conference: Conduct conference at location to be determined at contract award. G. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.5 WARRANTY A. Special Warranty on Finishes: Manufacturer's standard form in which manufacturer agrees to repair finish or replace sheet metal roofing that shows evidence of deterioration of factory- applied finishes within specified warranty period. 1. Siliconized Polyester Finish Warranty Period: 10 years from date of Substantial Completion. 2. Fluoropolymer Finish Warranty Period: 20 years from date of Substantial Completion. B. Special Installer's Warranty: Specified form in which Roofing Installer agrees to repair or replace components of custom-fabricated sheet metal roofing that fail in materials or workmanship within two years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 ROOFING SHEET METALS A. Metallic-Coated Steel Sheet Prepainted with Coil Coating: Steel sheet metallic coated by the hot-dip process and prepainted by the coil-coating process to comply with ASTM A 755/A 755M. 1. Zinc-Coated (Galvanized) Steel Sheet: ASTM A 653/A 653M, G90(Z275) coating designation; structural quality. 2. Aluminum-Zinc Alloy-Coated Steel Sheet: ASTM A 792/A 792M, Class AZ50 coating designation, Grade 40(Class AZM150 coating designation, Grade 275); structural quality. 3. Surface: Smooth, flat finish. 4. Thickness: 0.0276 inch(0.7 mm), unless otherwise indicated. 5. Exposed Finishes: a. Siliconized-Polyester Coating: Dry film thickness of not less than 0.2 mil(0.005 mm) for epoxy primer and 0.8 mil(0.02 mm) for topcoat. 1) Color: Match Architect's samples or to match existing for repair. b. High-Performance Organic Finish: Three-coat thermocured system with fluoropolymer coats containing not less than 70 percent polyvinylidene fluoride resin by weight; complying with physical properties and coating performance requirements of AAMA 2605, except as modified below: SHEET METAL ROOFING 076100 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1) Humidity Resistance: 2000 hours. 2) Salt-Spray Resistance: 2000 hours. 3) Color: As selected by Architect from manufacturer's full range or to match existing conditions where repair.. C. Factory Prime Coating: White or light-colored, factory-applied, baked-on epoxy primer coat. B. Aluminum Sheet: Coil-coated sheet, ASTM B 209(ASTM B 209M), alloy as standard with manufacturer, with temper as required to suit forming operations and structural performance required. 1. Surface: Smooth, flat finish. 2. Thickness: 0.040 inch(1.0 mm), unless otherwise indicated. 3. Exposed Finishes: a. SiIiconized-Polyester Coating: Dry film thickness of not less than 0.2 mil(0.005 mm) for epoxy primer and 0.8 mil(0.02 mm) for topcoat. 1) Color: Match Architect's samples or match existing conditions. b. High-Performance Organic Finish: Three-coat thermocured system with fluoropolymer coats containing not less than 70 percent polyvinylidene fluoride resin by weight; complying with AAMA 2605. 1) Color: Match Architect's samples or match existing as required. C. Factory Prime Coating: White or light-colored, factory-applied, baked-on epoxy primer coat. C. Copper Roofing Tiles: ASTM B 370, cold-rolled copper sheet, H00 temper, unless otherwise indicated. 1. Panel/Tile dimension to match existing panel / the dimension and style / manufacturer, Solid copper by "Berridge", "Victorian" Manufacturing Co. (or match existing) to match existing tile finishes. 2.2 UNDERLAYMENT MATERIALS A. Polyethylene Sheet: 6-mil-(0.15-mm-) thick polyethylene sheet complying with ASTM D 4397. B. Felts: ASTM D 226, Type II (No. 30), asphalt-saturated organic felts. C. Self-Adhering, Granular-Faced Sheet: ASTM D 1970, 55 mils(1.4 mm) thick minimum, consisting of glass-fiber-mat reinforcing and SBS-modified asphalt, granule faced, with release- paper backing; cold applied. Provide primer when recommended by underlayment manufacturer. D. Self-Adhering, Polyethylene-Faced Sheet: ASTM D 1970, 40 mils(1.0 mm) thick minimum, consisting of slip-resisting polyethylene-film reinforcing and top surface laminated to SBS- modified asphalt adhesive, with release-paper backing; cold applied. 2.3 MISCELLANEOUS MATERIALS A. Fasteners: Self-tapping screws, self-locking rivets and bolts, and other suitable fasteners designed to withstand design loads. SHEET METAL ROOFING 076100 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Nails for Copper Roofing: Copper, hardware bronze, or Series 300 stainless steel, 0.109 inch(2.8 mm) minimum and not less than 7/8 inch(22 mm) long, barbed with large head. 2. Exposed Fasteners: Heads matching color of sheet metal roofing by means of plastic caps or factory-applied coating. 3. Fasteners for Flashing and Trim: Blind fasteners or self-drilling screws with hex washer head. 4. Blind Fasteners: High-strength aluminum or stainless-steel rivets. B. Sealing Tape: Pressure-sensitive, 100 percent solids, polyisobutylene compound sealing tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape. C. Elastomeric Joint Sealant: ASTM C 920, of base polymer, type, grade, class, and use classifications required to produce joints in sheet metal roofing that will remain weathertight. D. Expansion-Joint Sealant: For hooked-type expansion joints, which must be free to move, provide nonsetting, nonhardening, nonmigrating, heavy-bodied polyisobutylene sealant. Bituminous Coating: Cold-applied asphalt mastic, SSPC-Paint 12, compounded for 15- mil(0.4-mm) dry film thickness per coat. 2.4 ACCESSORIES A. Sheet Metal Roofing Accessories: Provide components required for a complete sheet metal roofing assembly including trim, copings, fasciae, corner units, ridge closures, clips, flashings, sealants, gaskets, fillers, closure strips, and similar items. Match material and finish of sheet metal roofing, unless otherwise indicated. 1. Clips: Minimum 0.0625-inch-(1.6-mm-) thick, stainless-steel panel clips designed to withstand negative-load requirements. 2. Cleats: Mechanically seamed cleats formed from the following material: a. Metallic-Coated Steel Roofing: 0.0250-inch-(0.65-mm-) thick, stainless-steel or nylon-coated aluminum sheet. 3. Closures: Closed-cell, expanded, cellular, rubber or crosslinked, polyolefin-foam or closed-cell laminated polyethylene; minimum 1-inch-(25-mm-) thick, flexible closure strips; cut or premolded to match sheet metal roofing profile. Provide closure strips where indicated or necessary to ensure weathertight construction. B. Flashing and Trim: Formed from 0.0179-inch-(0.45-mm-) thick, metallic-coated steel sheet. Provide flashing and trim as required to seal against weather and to provide finished appearance. Locations include, but are not limited to, eaves, rakes, corners, bases, framed openings, ridges, fasciae, and fillers. Finish flashing and trim with same finish system as adjacent sheet metal roofing. C. Gutters: Formed from 0.0179-inch-(0.45-mm-) thick, metallic-coated steel sheet. Match profile of gable trim, complete with end pieces, outlet tubes, and other special pieces as required. Fabricate in minimum 96-inch-(2400-mm-) long sections, sized according to SMACNA's "Architectural Sheet Metal Manual." Furnish gutter supports spaced 36 inches(900 mm) o.c., fabricated from same metal as gutters. Provide bronze, copper, or aluminum wire ball strainers at outlets. Finish gutters to match roof fascia and rake trim. SHEET METAL ROOFING 076100 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Downspouts: Formed from 0.0179-inch-(0.45-mm-) thick, metallic-coated steel sheet; in 10- foot-(3-m-) long sections, complete with formed elbows and offsets. Finish downspouts to match sheet metal roofing. 2.5 EQUIPMENT A. Portable Roll-Forming Equipment: Manufacturer's standard UL-certified equipment capable of forming sheet metal roofing in profiles indicated. 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 2. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Berridge Manufacturing Company. b. Fabral, Inc. C. Flexospan Steel Buildings, Inc. d. Metal-Fab Manufacturing, LLC. e. Morin Corporation; a Metecno Group Company. 2.6 FABRICATION A. General: Custom fabricate sheet metal roofing to comply with details shown and recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to the design, dimensions (pan width and seam height), geometry, metal thickness, and other characteristics of installation indicated. Fabricate sheet metal roofing and accessories at the shop to greatest extent possible. 1. Standing-Seam Roofing: Form standing-seam pans with finished seam height of 1-1/2 inches(38 mm) or as indicated. B. General: Fabricate roll-formed sheet metal roofing panels to comply with details shown and roll-formed sheet metal roofing manufacturer's written instructions. C. Fabricate sheet metal roofing to allow for expansion in running work sufficient to prevent leakage, damage, and deterioration of the Work. Form exposed sheet metal work to fit substrates without excessive oil canning, buckling, and tool marks, true to line and levels indicated, and with exposed edges folded back to form hems. 1. Lay out sheet metal roofing so cross seams, when required, are made in direction of flow with higher pans overlapping lower pans. Stagger cross seams. 2. Fold and cleat eaves and transverse seams in the shop. 3. Form and fabricate sheets, seams, strips, cleats, valleys, ridges, edge treatments, integral flashings, and other components of metal roofing to profiles, patterns, and drainage arrangements shown and as required for leakproof construction. D. Metal Protection: Where dissimilar metals will contact each other, protect against galvanic action by painting contact surfaces with bituminous coating, by applying rubberized-asphalt SHEET METAL ROOFING 076100 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 underlayment to each contact surface, or by other permanent separation as recommended by manufacturers of dissimilar metals or by fabricator. E. Sheet Metal Accessories: Custom fabricate flashings and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to design, dimensions, metal, and other characteristics of item indicated. Obtain field measurements for accurate fit before shop fabrication. 2.7 FINISHES A. Copper Shingle Finishes: Mill Brushed satin, CDA M32-06x; clear organic coating as to match existing shingle finish conditions. 1. Clear, Organic Coating: Clear, air-drying, acrylic lacquer; total thickness of 1 mil(0.025 mm) or as per manufacturer of existing roof. PART 3 - EXECUTION 3.1 PREPARATION A. Install flashings and other sheet metal to comply with requirements specified in Division 07 Section "Sheet Metal Flashing and Trim." 3.2 UNDERLAYMENT INSTALLATION A. Polyethylene Sheet Underlayment: Install polyethylene sheet on roof sheathing under sheet metal roofing. Use adhesive for anchorage. Apply at locations indicated on Drawings or existing conditions, in shingle fashion to shed water, with lapped and taped joints of not less than 2 inches(50 mm). B. Felt Underlayment: Install felt underlayment and building-paper slip sheet on roof sheathing under sheet metal roofing. Use adhesive for temporary anchorage. Apply at locations indicated on Drawings or existing conditions, in shingle fashion to shed water, with lapped joints of not less than 2 inches(50 mm). C. Self-Adhering Sheet Underlayment: Install self-adhering sheet underlayment, wrinkle free, on roof sheathing under sheet metal roofing. Comply with temperature restrictions of underlayment manufacturer for installation; use primer rather than nails for installing underlayment at low temperatures. Apply over entire roof at locations indicated on Drawings, in shingle fashion to shed water, with end laps of not less than 6 inches(150 mm) staggered 24 inches(600 mm) between courses. Overlap side edges not less than 3-1/2 inches(90 mm). Extend underlayment into gutter trough. Roll laps with roller. Cover underlayment within 14 days. D. Apply slip sheet over underlayment before installing sheet metal roofing. 3.3 INSTALLATION, GENERAL A. General: Install sheet metal roofing perpendicular to purlins or supports. Anchor sheet metal roofing and other components of the Work securely in place, with provisions for thermal and structural movement. Install fasteners, solder, welding rods, protective coatings, separators, SHEET METAL ROOFING 076100 - 6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 sealants, and other miscellaneous items as required for a complete roofing system and as recommended by fabricator for sheet metal roofing. 1. Field cutting of sheet metal roofing by torch is not permitted. 2. Rigidly fasten eave end of sheet metal roofing and allow ridge end free movement due to thermal expansion and contraction. Predrill roofing. 3. Provide metal closures at peaks rake edges rake walls and each side of ridge and hip caps. 4. Flash and seal sheet metal roofing with weather closures at eaves, rakes, and at perimeter of all openings. Fasten with self-tapping screws. 5. Locate roofing splices over, but not attached to, structural supports. Stagger roofing splices and end laps to avoid a four-panel lap splice condition. 6. Lap metal flashing over sheet metal roofing to allow moisture to run over and off the material. B. Fasteners: Use fasteners of sizes that will not penetrate completely through substrate. 1. Steel Roofing: Use stainless-steel fasteners. 2. Aluminum Roofing: Use aluminum or stainless-steel fasteners. 3. Copper Roofing: Use copper, hardware bronze, or stainless-steel fasteners. C. Metal Protection: Where dissimilar metals will contact each other or corrosive substrates, protect against galvanic action by painting contact surfaces with bituminous coating, by applying rubberized-asphalt underlayment to each contact surface, or by other permanent separation as recommended by fabricator of sheet metal roofing or manufacturers of dissimilar metals. 1. Coat back side of uncoated aluminum and sheet metal roofing with bituminous coating where roofing will contact wood, ferrous metal, or cementitious construction. D. Conceal fasteners and expansion provisions where possible in exposed work and locate to minimize possibility of leakage. Cover and seal fasteners and anchors as required for a tight installation. 3.4 CUSTOM-FABRICATED SHEET METAL ROOFING INSTALLATION A. Fabricate and install work with lines and corners of exposed units true and accurate. Form exposed faces flat and free of buckles, excessive waves, and avoidable tool marks, considering temper and reflectivity of metal. Provide uniform, neat seams with minimum exposure of solder, welds, and sealant. Fold back sheet metal to form a hem on concealed side of exposed edges, unless otherwise indicated. 1. Install cleats to hold sheet metal panels in position. Attach each cleat with two fasteners to prevent rotation. 2. Nail cleats not more than 12 inches(300 mm) o.c. Bend tabs over nails. B. Seal joints as shown and as required for leakproof construction. Provide low-slope transverse seams using cleats where backup of moisture may occur. 1. Prepare joints and apply sealants to comply with requirements in Division 07 Section "Joint Sealants." SHEET METAL ROOFING 076100 - 7 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pretin edges of sheets to be soldered to a width of 1-1/2 inches(38 mm), except where pretinned surface would show in finished Work. 1. Do not solder metallic-coated steel and aluminum sheet. 2. Do not use torches for soldering. Heat surfaces to receive solder and flow solder into joint. Fill joint completely. Completely remove flux and spatter from exposed surfaces. D. Provide expansion cleats in roof panels that exceed 30 feet(9.1 m) in length. E. Aluminum Roofing: Rivet joints in uncoated aluminum where necessary for strength. F. Standing-Seam Roofing: Attach standing-seam metal pans to substrate with cleats, double- nailed at 12 inches(305 mm) o.c. Install pans reaching from eave to ridge before moving to adjacent pans. Lock each pan to pan below with transverse seam. Before pans are locked, apply continuous bead of sealant to top flange of lower pan. Crimp standing seams by folding over twice so cleat and pan edges are completely engaged. 1. Loose-lock pans at eave edges to continuous cleats and flanges on back edges of gutters. 2. Fold over seams after crimping at ridges and hips or match existing conditions. 3.5 ON-SITE, ROLL-FORMED SHEET METAL ROOFING INSTALLATION A. General: Install on-site, roll-formed sheet metal roofing to comply with sheet metal roofing manufacturer's written instructions for UL wind-uplift class indicated. Provide sheet metal roofing of full length from eave to ridge unless otherwise restricted by shipping limitations. B. Standing-Seam Sheet Metal Roofing: Fasten sheet metal roofing to supports with concealed clips at each standing-seam joint at location, spacing, and with fasteners recommended by manufacturer. 1. Install clips to supports with self-tapping fasteners. 2. Before panels are joined, apply continuous bead of sealant to top flange of lower panel. 3. Snap Joint: Nest standing seams and fasten together by interlocking and completely engaging field-applied sealant. 4. Seamed Joint: Crimp standing seams with manufacturer-approved motorized seamer tool so cleat, sheet metal roofing, and field-applied sealant are completely engaged. 3.6 ACCESSORY INSTALLATION A. General: Install accessories with positive anchorage to building and weathertight mounting and provide for thermal expansion. Coordinate installation with flashings and other components. 1. Install components required for a complete sheet metal roofing assembly including trim, copings, ridge closures, seam covers, flashings, sealants, gaskets, fillers, closure strips, and similar items. 2. Comply with performance requirements, manufacturer's written installation instructions, and SMACNA's "Architectural Sheet Metal Manual." Provide concealed fasteners where possible, and set units true to line and level as indicated. Install work with laps, joints, and seams that will be permanently watertight and weather resistant. SHEET METAL ROOFING 076100 - 8 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3. Provide elbows at base of downspout to direct water away from building. 4. Tie downspouts to underground drainage system indicated. 3.7 CLEANING AND PROTECTION A. Remove temporary protective coverings and strippable films, if any, as sheet metal roofing is installed. On completion of sheet metal roofing installation, clean finished surfaces, including removing unused fasteners, metal filings, pop rivet stems, and pieces of flashing. Maintain in a clean condition during construction. END OF SECTION 076100 SHEET METAL ROOFING 076100 - 9 N � A � m O m � K � ❑ S C W w O O Q w oU w Ll w UW w OOw � U) w o F- j w 1 Ca wz Q— O 2 2� W U Q U :2 (nO U>"M U U Q Z G Qac» U D O F- �� L m :2 � m a z cn U) w y mz �Y :2O W oz Q oz ~a^ 0 CD n z Of Q z z C3 Q V1 W LLI J Z(n J (n (n a y 0g Xz oo� zg x x U w � z 0 o I I A z 0 I � a � o I z O LU w I O ❑ I LLI 0 I Z I I U Q LL O U) F- F- m O g w D H `. > > U W z Q w Q J F- :2 Of (c) > Q 04 � p w W > ~ W w � ifl a r D z < 04 U w 0 0 D o w LD w o U z w z = z 3 LL w cr0 0 O O CL C SHEET NO. OF R-1 42 TOTAL: CAD FILE: 11926-R01-ROOF DRAWING FILE NO. 4-137-52 ) / ( � ( « g 4 ƒ U 2 \< z / /� k\\ Z§ �\ \ IE \ - yb± z/ I /<i E< o f of oz ±® 2 Q « t t/ L <\ \ § }�� F- ƒ ƒ / � \ &- o ko =_ 6 � o<LLJ \o §<-,5 zz / \ } § o= R /Ruo QI® 23 o g O % / �� \c 0_CD /§\ ±a 2 F- F-: � Iz »� s = ±z e e E/ E\ 2« ezkLL �< I Elmz zE F-: /%® ® 2 Q { §\ �j \\ // \ /b0 \\ \ \ ® L \ �_ E =z U0z Eze e= _ _ I I � (o I ) I § Ld e I ° \ � I � E I \ L I / � I I © I I I § 2 < ƒ % O \ f b \ LL � \ \ ƒ � U) z / L \ LLI \ / \ Of a- 04 \ � / L = E %< 2 z < L %z % O $ Ro 2 \ / } // U 2 L z z i zk 3E ± 0R R � _ _ 'SHEET NO. R.2 42 TOTAL CAD FILE: DRAWING FILE N~ 4-137-b2 ) / ( � ( « g Q E 3/ 6-4 7 w \ F- = uu m e2E \ /\ / \ƒ / \ 2\ « / � \ 2 Of e ®E % b \2 e <,, z /Z 2z &/ � 0 Lq / ® 2 $ b/ §f U) �< s k � \ /\ U) /CD �/ k & « y »a M 5¥ E/ »z 2* ezk� @z EI -a zb U) U) \/ z \\ U z \\ \ � \ E I * \ / ! � $ I § S I ° - I I ` � I I w / I \ ® I ` I ` I o 2 E ƒ \ k E e \ \ / LLJ \ z L -i F- e I z c e @_ z q \ \ ® / $ w E � � 2 z z/ b % O $ / \© R o 2 _ - U 2 L E 3 G / E ± 0R R � _ _ 'SHEET NO. R.3 42 TOTAL CAD FILE: ~ DRAWING FILE NO. 4-137-b2 N � A � m O m � K � ❑ S C W w O 4 w U w LLJOpao O U <XoF-�� -11, Q O LLISOY Q04w¢D(n0 C3 0 Z c)0 0 O U) C) z z g<F— w v zm ~ ammo az �- w o: w V) g -LLI O -j � w z ooDooF- g S = >0<<LLI UI a y tOn w� oo��-jU)w z U W � I v J ULLI > z O ZLv J J Q U (/l ci 0 I a Q�J JU=w ofw ~ w cn�UaNf� Ld 0 Of I ° Of OJD o m m m CD a mJ�IEzm:2 co Qom I LLIOQ0D0m m z L I OfSSma-0 J o I ° a a I ❑ I z I W m I ° I ❑ I I o J Q w 0 wwY Y m m o p W I Y U0 LLJ w 0 z�w LL � Q m w 0 F- 0 0 0 0�0 (n U �0U T O = Z z z 0-F- z U Z 0 o U =w� U H CD Z � W S Ul W W L.L J OC 0 (1) Ir z SHEET N0. -T R-4 TOTAL: CAD FILE: 11926-R04-ROOF DRAWING FILE NO. 4-137-52 ) / ( � ( « g Q 4 g 2 . « . . . : I IT . wa« e-- 00 %a 7 g { .® . fETE \ x _ E < } \\\ { Zo ƒ23 { § . \\_ / - <a/ i I ce$ } \ ` j ? S =< { m I zLn Ld aj ( /33\ } �d I =2®e \ � @ \�/ \ \ j �k�\ \ = c o I- / / z M_/�- � / co ?w®\ \ z ® e zb» = E E zee z u 2 g 3 = \ z/ z %A i =� o ® o \ zƒ/ ( E F- Cf) < I< e =- e pec < _ �E<� \ EE e e e P LLJ = e < u z 2 $\ \ k \ LLJ 0 \ � � \/\� / � §\ % \ R /a -J I== < � = < GG ® z L ƒ z /5 \ -j Che due eouso e = o ems== z < E z LLJ»z= \ O �\ \ / \ U)F- \ \ ® ��\\ \LLI 7 z / E/C)E } U x «z@ / � E / /\«2 z E / § /J/ ( / \� / kms M(D(D = o ea ƒ z �bgu \ aƒ 5 ƒ 2 ƒ®®kU / ƒ b w/Ee / LLJ / / \f\k j k uu zE glluE = a u=en R R o § ¢ ±/ / E� LLJ < 0 \ \ E //02 3 } / \ \wok } 2= 2zo e==zo e = _ #Chez z I = _ <m2< ± L ¥ � \ � / L % O C, 0 2 3 ƒ + k 0- cr LL 'SHEET NO. R.5 42 TOTAL CAD FILE: ~ DRAWING FILE NO. 4-137-b2 N � A � m O m � K � ❑ S C W W o 4 w U CD w w W w _ > > Q Ln Of O U) :2 � LLI w Z W DX � J � O O � Z Q N [� O (n (n O U W U 00 =)3: O w U O O O �" n z z z w F- z LQ U w x O O �. z 0 0 a a ❑ zi z 0 m w a z � m F a ❑ �� o z 41 C'3 Z Q 2 Ir w a 0 LL 0 0 w J T T U w 0 U Z oC w [z w o 0 D oC 0 SHEET NO. OF R-6 42 TOTAL: CAD FILE: 11926-R06-ROOF DRAWING FILE NO. 4-137-52 N � A � m O m � K � ❑ S C w w � 4 w U G1 y w � O o I LL iiiiiii I IT w � d a o J a z d I o U w < z I � o I a 'z r� ❑ W LI o J Z a 5 CD w� z — ¢ I o wO I ��> o 0 a o g>U)� z I N J z wZ= \ 0 z ILI IU m N— U 2 w Q Z O mm§io U) U i _ ❑ �� w g Qw ogcn Z o w w z�o� z w Y Z Z 2 U) J O O U 0 Q J w (fl W (n U O(n Q W �� www Q Q T U m ��v g Ln C'3 W Q W� U) w F- F- F n<5E O W W Z w� w 2�Q Q Q Q z z 00 co U z LU W Ln 0 (n om W U W c/1 J Ld U W 0�W w z Q ch z M: W W fY U wLULr � U 0 U z W L� w w o CD Z W 2r P W(n O o' Z U) U =w QZ O <:zE D U) (/l z m o�Q� w O Q OO QO w WW� � Wim' Oz w CD ZUO Q LLU CD CD l Z Z ww J Z O J J L i J L w Cn ~ — — C Z F- F-o w U F- Q w z 0 0 a-0 U) = D U) = Ow XZ xw�— O F- O LY O I OOw w x x U� W< N LL)i U Ln (n U Ll : thF-ft� Z = W W w m Oj ?) J T � U p UZ w w [z Q IrO Q 0- Ir 0- SHEET N0. -T R-7 TOTAL: CAD FILE: 11526-RC7-ROOF DRAWING FILE NO. 4-137-52 N � A � awe m o 0 2�p �w Nm C7 Z Z W � _ z F- LLI W r Z W O S o w � ® � � oz� p g m D ZwF- QL, ZU3� � L` �� Z m LLI W C) LLI w w L1 wD U) ¢ o : � 71gw ¢ Q w� o U O a m F- (f) m o)- � z w W oz LL � o 0 0QQw z z �� < U Q U))z wwz zw ZwL` v v �z z o., U gp F- F- a =) (n aUZ D Jw Ow OU Q o =U U) U) :2V ww� o z m wl O w w CD °Zs a �p � Zw w0 0p � Q �tY z Z �a � � z UZ wZ0 = LLI o w = U) O Z JJ a = �D I L' 7 aJ QO w � U0- p I = Ld w0 mow\ � g wp~ O 0� O U sWj U)LL U) Z O U) LL (n U m :2 I 1 a � y LLL U W O ° o / d z 0 °d A I � ° z o_ 4 d > z m F 0 p o 2 LU z W J In Z a I 0 cD LU Z N Ld Z z wz Of a_ O I 0 o �co� ow p I (n o gU)< z � Q N J LU CD 0 z Ld Z w Z 2 U = I q W X a z O m w§i O U) U OLLJ (n I = W Q W O�U) cl � Z O t- Z�F Z w Y N Q Z W= U) U J ?� J OU in aJ W F- �(D W F- U) gU0U a W J r Q o a w wawa ¢ m � �v g 00 r H LLJ wL` Q wF- U) W a—� O w w W =Z ch =�Q a J a w z w m Cy C) U) z w U cl w cn p F- U)�w w co J U g W w z a � z C'3 H U www U W =cn Z w� w w�CD z w U wc~n w o ch z U) W z Ir 0o mz cin coD o) U Q o z m pv)a0- w � O O °C zU o� w w�0 w w z w �c�LLI v0 Q w CD 0 OAC z Q Of F- w of O W z J > J Li D U) ~ F- F- SHEET N0. OF Z� F-In U~� Q w z O O w0 U) U) U) Ow X x w - o F O � O i OOLLI L� x x R-8 42 U� w a N U)a U U) U) U 0- : IY F-Of Z = w w TOTAL: CAD FILE: 11926-R06-ROOF DRAWING FILE NO. 4-137-52 N � A � m O m � K � ❑ S C W w O OZ Ld Ld Ld W -- y Q W Q C1 U z � Z C I m Q w p U) �Z p Ca w¢ w 0 z0 W �� < O W 0 0w - 2 ao o �cn W W y W z m coI z LdLd n w > I a D O I w c() O N I w 5 � I o � o x I - N I J / z — � a ❑ z 0 m w a z � m 1 ❑ wnnINlw 8 Z I CD Z I Z U O I (n W z (n U- UJ I w Z o J gW < F— I w mZ� p p0?' o I H < LLJ ftf I o F- m0 > I Y w bi < v I w m O z W r cnp0 �o N I 0 r z mZZ (n00 U) Of U Lu U5 z I z wz w D U) U- w w wi) caw � U I w IrI SHEET NO. OF R-9 42 TOTAL: CAD FILE: 11926-R09-R00F DRAWING FILE NO. 4-137-52 N � A � m O m � K � ❑ S C LdZ H M a_ I w Ld Zz I Ca a ZJ I dw � O� I � O o z I a � z - - - -d 0 a =J � U<U a S O O_ Oz U U on= ckf ZU ❑ w¢Ld � o p z wmU) o c~iJ Ld g p U UJ (n U 0 Z Z F w� c NLLJ0 Q Z Q X x z >U= LJ LLJ ¢meg 00 www M Z x==) O O U M Q W J � � H �j W T T T H \ U Z = 1 3 LL I ° °o° o i -0- It It SHEET NO. OF R-10 42 TOTAL: CAD FILE: 11526-R10-ROOF DRAWING FILE NO. 4-137-52 ) / ( � ( « g Q 7 w \ I z = m + G 6 % ee / 2 \ 2 \ �\5 74 § ® a 25 Q « t o =e e \2\ / $ /\ LLI / / / \ 222 e ¢ g2 /U)m \ 0 \/\ z � / \ §22 } f $�e b z \ / % \ LLI (D Of z\� zco \ \ ? Q { eco / \ f\® ƒ E I » « co(nQ , �Ld ~ �� / 2 ik3 u » ± \ oda / / ®b% } zeo Ld <ee = = #o= I � I jVlljj A () Hill 4 @ I \ k </\ ®<2a e zu/ i\/ \®®\e% =z E =02 mg< �a }o -e G2>F-eo E0\fo co z w ==@oz ez D!f/7ƒ<u/ 5/ƒ / / e < o E % 2 /u/j/E z00 \ E \ <Io =es=ƒj Eƒ/ g ± ezo in o O D<U)0:2 \F- \ / L o e E _ x LLJ m < < / \ � LL. 2/2za ±CD e 2 /ƒ/ƒ/u ƒ/i/ / Lf) zeo22= Eo<e z = 3 / IrR x 0- = L 'SHEET NO. R-] ] 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g Q 4 7 w \ §3 = I F- D t= :2 e \\ � / \/ LLI / 62 02 ƒ \ E \ LLJ /i \ i } z eyy / §dz } C) b /co\ z ( 9 } \ ? } <E@ 0 < z E I » « ® { co e22 /. ik� uELd \ < _ @ < ^ } \\\ \ \N \ I © I I I \ -# ) 3 \ 3 ) � - - - - � @ I \ 2\/ ¥ < \ //\ / cl \\\� U) \ k of / $ 0 222/ 2 \ f / \F- ƒ o L Q / \�0-< \ (D c / %= F- CD z R f ± e F- -) < \ \ \/ \ \ * ƒ Uk / 3E U- 00 � R 'SHEET NO. [IF R-] 2 42 TOTAL CAD FILE:� ~ «, _ N � A � m O m � K � ❑ S C W w O 0- � w � D I ca y z z a U w � Z w cf) � a mOf Ld U CD z a I d pa 0 O 00 [� O o CQ I O O Og w I d o ft! M E z d U �, n LJ < w d O p d I � p p d I I Z � LSI ❑ � z O o CD Z w � a (n - X z LJ m m F I ° v ❑ v ° Q z L ° v m N D � U 1 Ld o w o QwLL I o Ld 0 ° v J I O Cc m Z U Q LdUOm W cn Q � U � U I a °v Z 0 m �_ O m O O g I X (0 0 Z O ow D � I w w O Z � O ° a 0 �_ � z �w I v ° r z ui 0 z w 2 X OUz U m� Ik U z w = U =Q 3: _�, I °° (� D- M w 2DU � O3:(/l z 2mLL LL 00 0 4 OC U O ir ir SHEET NO. OF R-13 42 TOTAL: CAD FILE: 11926-R13-ROOF DRAWING FILE NO. 4-137-52 N � A � m O m � K ❑ S C. LLI Q U10 Of LLI w w � U W W J vaOf F- U) w ca c� Q a n Jw Q I Ld C� o mom IO o z Ld Q _ o� w y �z� I o 0 �Ld I m �-o 5;L<0 a y I U w I � I r`' 5 I0 I I � D N :2 r X o Q � I � Irrz ❑ I z I I W a z I - D N :2 rX Q i I : ❑ Iz I I J I w 0 I � I > w I o J- CD Z Jaz j I 0 Z_ Ld :2 Ld N Z 0- u) :2 Z :2 Z r O Fy Ld _ �� a Ld oU Y x �' m U) � U Z_ D ~ o 0 W N 00= Z LL LL :xD0 O Ld NU) z 0:� Z SHEET NO. OF R-14 42 TOTAL: CAD FILE: 11926-R14-ROOF DRAWING FILE NO. 4-137-52 N � A � m O m � K � ❑ S C W w O Q w U W w ,z>-� Ca rx y LLJ a z �m � > Q I Q a (/i Q I xs :2(if Q'L QW �OfZ J�LUM Jw m U) , U �WLu WO WQ WLd� U I U �� Oz zwZOQ< c--LU� �_j� J o Q z ¢ ZEE ¢CD F- I W w Qp �� MQF-a0m co-J U) 0 I O U sWj Z (n oo of L, w¢w www O O Q W J �p J J� I W' n Q�w o Q w-i m O-w Q <-� <w� � I z a Uz Qp __ (n p U)LU I F- U W < ��?F- �z Z W c%U)U O U L v J W � co �¢ wow �.F- W Z W' W[n�' Z X Q O m wp< (U=w w w —W I w L��0- Up wwZLU � = p —wp : z afo� �Q 0¢c�Q E �g0 �Q0 -1 I o W W(n (nLo QLoZ W NL,(n Nm(n Q W (n(n W(n W(n U W I I I =Nz I i dN 'z ❑ I z 0 m I a I � z «s I I I Z I Z z I of zO � w I (n C) W I J p Z p � Q O Q w LU Kc �zw > z Q g �I w W (n J �� z Q a O �,Lo 0I Z Q Z G w � Z U- Uw O H cnw g Z w I ~ H J z Q cn O p �'LU LU 0 U g �' I 0) w O= Z Z J w p W U z r Q UwoQ p Z U (~n� > � a_ E 0 C� ¢o¢�m 0- U n � Uz w w — „ot, jo WnWIxdW d (INV „Z4 Jo 0 0 0 WnWINIW d HlIM llNn do13002i w 3Hl 30 MIS 1S3iaOHS z SHEET NO. F42 3H1 JO NOISN3W14 3H1 Z/4 R-15 TOTAL: CAD FILE: 11926-R15-ROOF DRAWING FILE NO. 4-137-52 N � A � m O m � K � ❑ S C W w O Q w U z W N w > >O wQ w Q a U y o 0-~ �,a� � I d Q � "O -Z N o o �z Q�Q I WJ UO C,Ld OU ZJ Y C.5 0 a-Q o�' 00Ja o I w p z of 00 0U C)UJ Of I L, y �W �-- ��z I g O w < UW W(~j U� I W ✓" n �W o N=g 0'Z J � _ U ►-� GL. 7-i maw oLd cn mQZ3: Z ifz z Z if§ W I � < W J (n of 0 �_ — Y �0- O a_0' Of co I w z 0 wnwiNiw „Z l I I z 0 I 'z I ❑ I z 0 w I � T CD I m I I ❑ Ld W� zJQ J z Nz o =a- g z—��" w o �z Qg(nz WHO z O U c0 ZWzU) O Wb H )Z�� U In I o g0Ld a� ¢ x (n� I J �UW� �_ Q (nQZO N ZZ Q I cn =J I w w Q w W O � Z U) Z LLJ O N OU gM QLaL O I � �W=> 00 > c' WC' D r J J W (n W 3: U wz§jQ Q > Q> wz U D U)D 0 a cD o mo z_ 0 U Z oC w [z O 00 w 0 SHEET NO. OF R-16 42 TOTAL: CAD FILE: 11526-R16-ROOF DRAWING FILE NO. 4-137-52 N � A � m O m � K � ❑ S C W w O 4 w U m Lu z=– D F— Ca ~ a o < <3:nw LLJ Q Q Ld J w owZwo Q � w I m�gJ O Z = z cn Z000D cn o z w I �zU)L,m w > > z o I ZQ w o w w w Q w= m x O w I mw ~ G1 (1) w U w � I >ZDw U W - LJ- Ld z o z °° I �zgF-0 z En z– Q w o I w U > Q X I a z W Z I ��woww oc"=oo= 0 I ❑ z 0 NIW IJ 5 w a I z � I m WnWINIW I o „g I I z I I >C)Ld I o g I J oz o D Q w U I w cn w -Jw :2 I z 0 (n CD w w www z I O o z N 0U) U f W W D > :2 g z� z a � � w o zJ 9 r O O c~n� � O � � U U) Of w z U 0 Z_ W - m 3 LL OC O m It m SHEET NO. OF R-17 42 TOTAL: CAD FILE: 11926-R17-ROOF DRAWING FILE NO. 4-137-52 N � A � m O m � K � ❑ S C W w O CDZ F- W _CD 6-4 w0 Jwz w L-Lj, U z W w z gw w U) F-a- L og Q WQ Q Vlw�pJ a U w 00 < m� I z=��m d Q U 0 0 Z I Y~Q oZ$ a J¢ W wOf w� F- U� ww U I wzz�F- � o Ld o I oagFn C) Owcn WcO z,; � znz �cnzp� zw Qz Ii Qw g pWQ� w a y U) (n www U W < z W J W J 0] I om Ua Ua o ? �� w I z~aP-� 0- N N I w m w J wQwQz w�mwER ��oc � Z aazw o «g I ❑ z 0 m > w a I z „s I I I ❑ I o Z I I � I o I z Ld. I Z Ld z Q � I Q g i U :2W O i DQQU D znz z wC7 W_a z -1 o w W W OW U) m I� ftf N O (n U U g W 0 > O J w CD I CD r m U O z z ~ T o cn E o L U O � -i F- O x w H 0 U 0- U N 0� w z () Z W LL z o00 z C 0 O SHEET NO. OF R-18 42 TOTAL: CAD FILE: 11926-R18-ROOF DRAWING FILE NO. 4-137-52 N � A � m O m � K � ❑ S C w w � LJ F- L'.'o wz Q w ro LLJ �z Unw F- QUO w~ Q U) c) -J Q Z (nom Zw OfZ C1 U OO m Q z i F- U)LL-m w U Q Ca G J J�' i U 0 Z w U? Ld � o F- U) i cl) �O -ZIP G w � Ung Q I LL. U) o Un o G,a LL] w _J z I �� U) 0 O w 9 za w az — Z w � Qw :2I Cp —w� �. �U) D w >w FL (D U)J F- I �Z =�~ z L J J In i Q w a-z U w om UQ J F- :2LLJ �00w J z J U o L,QwaZ I mF- mLLJw� F- Cl F- o z z zQazw � z i i i z 0 m w a z I m I o (o i Z I Ld I o I � Ld z a I z o gi g I Y g a O I U LL z `" o w I U) w 00 g J z I o > oc U) 0cl) I Of w > 0 w L, CD CD � r _ U o U w z O p O LA 3: H (� Z OU 0- U m � w LLIz w z Z J LL O — U Q oOc O w tL m 00 SHEET NO. OF R-19 42 TOTAL: CAD FILE: 11926-R19-ROOF DRAWING FILE NO. 4-137-52 N � A � m O m � K � ❑ S C W W o w �� Q W U JO z j N � A � m O m � J Z pW � Q2 v. ZO N ((D) U J - cl LQLI ¢ gig zp z U Q U � z F- m� w Q WU p Q U Q W U mU Z w o QQ OJ ZO(n pw W F- LLJ Q F- w� z m W oQU)o F- w ^mow p =LLJ L� L W U) p W J J W' U =0gLLJ CD LLJ UwQ F- O F- U U p Q > Q w 0 U O Q cn U z ry U) L,�O w pF- U U W L G oO�0LLJ LLJ o� o pNQ � CD c� c� O 2 U of z F- W ZU)� D Z(n z z UF- awp o Q o �z� gW E c J Lo U) m DmLLJ xo x x= � U W y O < a_IL F- Q C) U w w p w w n U �W wU U W U)F-� a y Z Z Q F -W'H F- J J Q I x U W < L 0�Q Q J o Q=m U xzzo x LiJ=) S w Ofm0� �• wQ W U W U)W U) :2 0U)Q N z 0 «Z z _ o z D v a a z v D � D I v 7 v _ m JO o F Q U)o f--o'~U)Q «g D 0 WQUU o z ['of z 0 2 Q �ZQ U) U0of W Z F-- In (n Qwoof w= 3 z (n E CD I o Of(.Dpm ~ I 4 p W J Z Z � g Z )0W� W U) I Q >-�Ld�� J U) Zw Z m Ld~� H U) W �U'Ld �� I mwp0 o LQi I D U CD J Z U � W W O Z J J co Z p L� 2 p�H r 0- U)Z w iw O w W O (n of U U D Ld �(n _ m o o 0 z-i O U w (n (n � of in O m Q O Z cn F— U)z g 0 o �o D -3 L� LL_ Q J� L` z Q z 00 O a� ao o F- Lij zQJ¢w Ir Ir w� �w F- o w x o 0E-== U)w U)z U) O' z w Z U U)U)F- SHEET N0. �OF R-21 42 TOTAL: CAD FILE: 11926-R21-ROOF DRAWING FILE NO. 4-137-52 ) / ( � ( « g Q // 6-47 U 2 \ / / \ \g \ F-- (D ƒ / � \ = z c y 3 Of / \\ � / ® \ / ® 2 �b < U) / \ � } /\ \R /CD / \ \ =e E eg �% < k§ ® � 0 � k \ e <. m /\ /\ k22 � \ \ ® \ i/ j/ U0 /z ~ ® � { � _ 4 . E Z \ \ o/ } > LLI z \ \ \\ \ \§ \ k // \ - // } § � je \ 2 F- \� \ zo m } e EE f§ oF-iƒ ƒ / / z§ })\ \ o< ) w } LL \\ < F- O U / LL z L j \ ® e O / \\ LLI ® � \i� z z w \\ / Of� ƒ\ § L b < o ƒ \2 % E &2 % O g ?\ / i // k E az z i zk 3E ± 0R R � _ _ 'SHEET NO. R-22 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g 6-4 Q 6< i�& 0 ou 20 0 m <22 0 DE b F-Of (D /\� 3\ § / \ /2 / kc < 5 2Ec � 2 c y3 2E _ %\ Ek ±k/ F- E ƒ m g2 ƒz ƒf /ƒ o \ o$® _\ o / / g2 50 /R /< $¢ƒ 23 \ ƒ / \ \© /} EDw / j4/ <0 \ \ E_\ a< 0 zk/ LLI in �< k k < 23 F-: /%® ® F- F-- 2 Q { e/ /g zzu �Ej k� \ \ ® « LLJ i\ jƒ U0 / ƒU% /} j LLJ o/LLI } > z \ \ \\ \ \§ \ k \L \ S ƒ/ , § F- \ \ � \ � . zo m ) 0o of } e E F- ) ƒ ƒ i/ \ Uz§ \ o< ) w } \ \/ \ / a < ƒ % O 0 b \ LL / \\ LLI ® i� z z \ w \\ / \ Of�§ ƒ � �o L b ƒ< \2 % E &0 % O g ? i // k/ Eo az z i zk 3E ± 0R R � _ _ 'SHEET NO. R-23 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g Q E 3/ 6-4 7 w \ F- \ / \ g }I \\ b §E \ � 3/ / � \ \\ \/ / ®\ \ \ /� / y } z qz =z <- o =a / 62 ƒ4 /ƒ m g2 \\ LLJ \ \R /\�\ \\ j\ xz � 0-CD LLJ §k 2 < <. o m /\ /E // F-: k/ � \ o= =o x< o2k � oo / . Q { Ie z4 =z oaz5 e4 U) . E Z \ \ o/ } > LLJ z \ \ \\ \ \§ \ k / // \ - & / \ § � F- FLLJ } 2 \� \ � - � \ \ \ \ \L \ k 0< \ w } \ \ \/ \ o 2 E ƒ k E \ \ \ / // b z 2 I P c 2 �2 }@ / _ j \/ G ® u w E � � 2 \/ z/ b % O $ �\ \ / 0 2 /E j G / ƒ U- 00 � R It It 'SHEET NO. R-24 42 C) TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g Q FIE X F- 7 / \ o<5eeof_ e y3 z »fJƒfL, eo ƒa= a@o ¢ 2 » \\ 0U) F- 0 % 2 F- U) & « y z �\�� ƒ\/ = c Q F ® z /\ -(D 0-0- � � \ e w \ z o xr . 2 \� ` \\g\LLJ )MU) � E ® \ z e ƒƒ \i \ : � ƒ\j¢\die \\ \ <o . =o<-000 = =e } e� zII =Eeu z \ \ \ � \\ \ ° \\ \ k < \� \ . . F < \ (LLJ � \ �D \ \ \ \ \ LLJ\ o \ \ \ \ \L \ k 0< \ w ) \ 2 // \ . , / L 2 /6§ \ \ MOM w i ± U\/ LL ƒEa L 0 d moo ce_ 0 /\ f 0 0 / � 2® Of 0 / _/ z ƒF-? % O z %\ \ I/\ ® / /E j CD C) / ƒ 00n � = 2 'SHEET NO. R-23 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g ^' 6 4 ® U « } e E \\ z in nnmka \\ \ g \ DQE \$ { / % I g i ( ) / \Ld 2 F- } ? Q { ƒ F- C)F- \ $\ } LLJ { o Of } � } I � \_ \ / \ 0� \ w \ ; \\ \ u= } I > � ® IG 2 e � cIu } - z ee o 5 / u o zey \ P uu z =< z <2 ( \ � �O!f ui� � \ 'n \\ \ / ƒmak \ \ g \ LLj= \ \ \/ \ 3of\ \ \ \ $»2 } b� G \ � \ � � z \ § J DL,< :2 £ 4 = < 2I / oo ƒ z �uif { /z uu0 9 = � P2 F- \ ƒ =ESP \ (n F- u = e z e � z< eu / j o z Iƒ=< / 2 /� � \ f \ \ \ LLI>� \/ƒ u / oƒ�� j R © \ bi :2 U) \L P i \_ k $ ®�ƒ/ { 0 §� / kms = o z - ee s E o Ej O 4ƒ \ � z ez ƒ \33 / ? E0: � } \ � 2 u zz C) L / oa_ z� \/ 5 / F- �\�� \ E // / E� \ 5 �o \ii 2/ % \ -0\- { —j e= ezo % @z 7e e<e 72 w E w 3e z j -j 3f 3\ \ / zz2 } L o§2\ \ c � \ \/\i 11 ƒLL®i } L C <z<= } C) $ $ / E + k 0- It U- 'SHEET NO. R-26 42 TOTAL CAD FILE: ~ DRAWING FILE NO. «, _ ) / ( � ( « g Q 4 g 2 u f e \ 3 a f \ \ / § \ / / / F- (3 J E / q o z G 6 E/ } ^ } E 2 P 2LLI / o a \ _ 00 20 § $ / z z b\ j \ /\ ƒ \ §� \ / E d 3a } \ / / E \ / >-\ / \ \� \ \\ \ /�\ \ \ �\ \ / \ if = \§ \ k / ' LE a 22 = ® << x 23 ) / ƒ \" } \ < b / e 3 �® - ® ) ® % } m / / /E ƒ e % . 00 7 ƒ� } { � / j �E E F- U) } E I e - LLI = m \ } § F- 2 m 00 > / \ / \f / \ \ _ ` 7 R \ j /2 } a = e 2= < o= } }\ \0 < �� z �$ \ ----- ---- -zz® \? k �/ / 0< \ of o§ e �/ < �\ \ J\ i/� \}\ \ R __ j / /i \ // )§ / z z w W ¥ a L 2 2 9 � L z (c) g / / / k % O Q 2 / ƒ ƒ 0R d 'SHEET NO. R-27 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g Q 4 g 2 . . . . . . . : . . . . , . . . . . . . . a w.. . - - - - - - - - - - : 0 I S /b } > I \/ / \§ \ k I /§ } � I \ \ b\ / \ ( � 0 Ld 3 z �\ ) ( u \ z b Ld 0 0\ \ < u z k I ® Ld < e 0E \ q / 4 E Eb ) z - a g 2 I ®I \ < § z k z \ 2 E } CD \ e /G_ E u / \ j \ §\ \ Ld \ } \ / } / u = b 2 j k 5 w w LU < < = 2 u e » j � / U \ 7 7 ƒ } ƒ / e m 0 0 @ 9F U 2 ƒ 2 // § 0 0 / \ 0D / / \ \ ƒ \ \ \ = 5 z =z F- 7 z %\ 4 \ \ 0 x0 x / / 0 z0 = x x C) ua m 22 0 7z z i = u ob \ / � / % O b W [ / 0R / 'SHEET NO. R-28 42 TOTAL CAD FILE: ~ DRAWING FILE NO. «, _ N � A � m Y m C W LLJ F- wLLJ z z w Z ~ J U O O = ❑ U g � ® w0 ¢ Lr- F- V) w g w d w U) w � (n Q U) Q w m W O z m in U LLLI 0 w w m Q W W 0 < Q U 1 } J D w W � U ~ U- LLI O ¢ m w W F- J � 0 o � v �� Q V)F- w W z Z W ¢ U) F- p O W .y LLIO F- F- ¢ Om = OZ O W U Ca o LLJ a =p U) LLJw :2 V) zm CSO Z � Z Y F- U) Z w CD O Z J J Z W Li = U_ Q Z I U X [� � d: 7 W � UW U W 0-0 U)w U) z0 UlL W(Wn I � W 02 co ow J w� Z �w 1 Ln of {1 � w CD o J z w �% A Q ° LLJ Z ij. Ul d , ° W Lo I - m Vii;. x _ OW � � F o 00 Q j'! z CDI �J a_ W I LW z O W J I O Z a J bi Z I z a o I O LLJ w z th LLIO O I ¢ J Z z Ld z O I w N w 3: a w X J za Q o U o w Lo w J Z Ow 0 ch W Y Q 0U' w wD Z= U O Q w > J > (o Ld w r Q O w (n U) z m in < r Ld W ¢ U- H¢ 0' W Z U w ¢ m (n U >- U 0 m Z Ld of W (n J Q Z W ¢Li w W Uz W = mLd W U U� � Z O � w W Q D o D Lf) D �� w oU � p O pC o w w w 0 Q w O CD Z_ � J Z_ w Z_ W Z Z z LZ Z W Z L j Li = SHEET N0. �OF O X O x F- W O Z o LL O X 5-< U LR_2g 42 J 0 N U) U) U U)Of Z S W w TOTAL: CAD FILE- 115)26-R'5)-ROOF DRAWING FILE N0. 4-137-52 ) / ( � ( m Q 3 / / / @ ƒ U § Q \ / U) f e / \ \ z < ® \ F-/ \ / \ / /CL \ Z / z I » s e LLJ { ........... / E/ 11 } U) 07 \ _ ƒ b§ ( \ 3 3a \ G} 11 <_ \ G \$ } � \o \ ( ULLI j z0 j ° } ( \/ § \ / i D } ) b\ } oa ( e } G Ej { ®ƒ \ Ea } o< \ �\ \ eu } z b2 } 3 ` \k }k j\ R 2 // LLI < L / E_ E 2 §_ §= e c\1 O $/ �LLI \ / � _ k e \\ E /O \Of ? z w k w <> \\ \ / b / ƒ/ EE j ƒ Ir Ir 'SHEET NO. R-3O 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ 0 } < ƒg \� \ \3 �\ /E } 2 ZZ /b _$ \3 } \z « � $ k3 ) 00 \ \ 20 \ �� / / \ Ld \ D % < } y « y \\ 0/ iE i � { ®$ ) / 0< } \ w } \ \\ \ 2 j/@ § ƒEf 0 0 j \ � 0 = E agg a 0 ; LLJ d�CL 0 \ � - ==2 \ 0 2/� 20/ 0 0 \E3 \ \ ƒ2® x x 2\ƒ u = CD< \\ .x=0 /»o O L e � / 0) b I % O / Uk ƒ / E ± R � R _ � _ 'SHEET NO. R-3] 42 TOTAL CAD FILE: ~ DRAWING FILE NO. «, _ N � A � m O m � K � ❑ S C W w O z U) W L1 w .- O W m ,,J � D ow Uz WCa y Z F- W U (.D O Z zL �Z � U Q wLd y w� o �g gw Lv 0Nm ��- xs a o ppz p Q (nzO 2 D- oo � F— :!5 U) W ^ U pwW U W > y Zz O QLD QX z 0 Z W X~ n W X O W ZU) � U)w �W � U) m ~ (/l0 G1 ? oU L,g g �c�n ga agro z z0w U w 0 of z z Y ~ aL,Of 0 z U 0 Z Z W J S F- t' W Q � U) LJi o of ami Z i 0- C)(D D U) ON i' Up a J J W p LTJ— z W !i!. W W =Z a Wp i' Q < F- u V)� 1' Z Y o Q Wi'.. O W N r7 W Z p w J O F— Z L, J z j z (n 0 z Q LLI W z 0 W 1U p m Q F- 0- W U) J w J Ul' p C7 U ED (n Z W Of ¢ L, F W Z ;i'.. WW z W Q W > z 0040' o W Z O LL,U) o� g ¢ g = Q X0C z 0 m� � LLI of z L` Z :2 LLJ w Q F-0 ornch �p ch 0� S W W p p _ W Q 0 pW�(W9 J �w U� : m 0 (D L� z z�zz H U) a�U= w inD 00Q j W iflzW M Lj J-X(n J Z �Z 04 � V)z W WLR - Wz J ��a LL U a W F- O o ° W W z W w Of �S >0_ > 0 <J Cc c > cn oL�JO r O do W L� UOL,N r z Z U LLL wnwINiw w LL Q 8 cr O X 0- oc w SHEET NO. OF R-32 42 TOTAL: CAD FILE: 11926-R32-ROOF DRAWING FILE NO. 4-137-52 ) / ( � ( « g Q 4 g 2 CD & « y a 0 0 2 m \ \ / _a z e ® o » Q { J = \ / - \ § / § y < §_< E> } \ LLJ J «z/ 02 } % _\LLJ \ gg } - / Of /z � \\ \ § \ $ % E \ _§� \} \ 2 0 \ 2 </F- fE } k / / < LLJ a; Of a-0 \� } \ $� // 3 } § � / 0co \Z \ ) 22 \3LLJ/ �\ }( z/ j\i �k of ��< 0E } <~ //e F- C) \ \\ =E$ / \ \-J C)i/ F-I } a/ /\2 0< \ F- ggb �\ ) E =oa �� \ \% E\/ b2 \ ii e=z /=E <@o 0 /z w . L 2 L U � L m c 9 L / � ƒ Uk / / E U- 00 � R It It 'SHEET NO. R-33 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ N � A � m O m � K � ❑ S C W W o z F- a Q W U w o W F- m cn a U ww z Q W U) w U °S JV w w (' d Od Q O O O ZO w d Q O W Ln Of z d - U n cD U) U W < w N o � - �Z z d O CD U) d Q w a w p 1 d v 4 Z A w Q 1 v d F-w W w r Z � o Z CD J Z Z U w a 0- 7 O SO 1 0 CD w Z 1' Z D w U) X m D i% m w O m j' m F-Q 1 O w m 0-Of i' F F-LLI O Q i; z a 1 m p ° LLJ p ) J_ Y N D Q U (D p W O O Q w F- O ° ° O w O Cc Oz w 0 D w 0- Om Q � o U (n QQU ° Z O N a o J w 0 W m O 0 (9 Oj O 100 —Z L ° ° °LLJw w�1 T / X NO UZ Q 'Vrt ^zEz L:L ^ NC) O a W E: 0 00 0 O O It It SHEET NO. OF R-34 42 TOTAL: CAD FILE: 11926-R34-ROOF DRAWING FILE NO. 4-137-52 ) / ( � ( �2/ j m Q3 / �Of LLI D \ Q w z \ \\ deo = oz Q « t U) C) \ « \ » ±jE NNN 3 / 62 \//= Q k � = ®2§ \ ? Rk® 0 \ \ ® L { o/LLI } > zLd \ :2S \� § \ � / \§ } k _ // \ - \F \ \ � \� \ � - § /� \ 04 F- :2 } - \ iL ) ®ƒ ) /i \ w } \ \/ \ � G / L 2 _ L > 5. G CD w U < D § u L k_ di3 ƒ \ @9 2 \ \ ? \� \ / / ƒ uu § \ :2 C)E % O xam \/ E R o L LLIU 2 2 L - & \ƒ uo u \ 3 ± ± u00 0 - / \ \ /\ /04 � � ez ez z 'SHEET NO. R-33 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g Q 4 u / j / \ } \ LLJ \ = o = ® 2 Q Z 3/ z R F- U) e u » « z _j § ƒ Q { Z J # 2 \/j ue \/ 5 / � } z ®Io �o F- m 2E± aE % e k } \a_z e\ ) \ 440ƒ \ \\ // \ CY F-�Fni a �? E\ } § y f\/\ 2 // 3a } oe 2 \ \\f\ \ 2= \\ \ & § . z\ \ \\ \e \ \ CY 23 ) @ Li : ilk\ � \ D \0 ƒ� \ \ ~§ E2 } / o� �j \ / /0 c) \ / �� F- F- D �� Cif < e . } x %ƒ ) CD c \ \\ /i \ 5 E a= 0- w ) < e o /® ~- §2 \ ¥ I \ z w b2 j b % Of ¥ 2 2 \ In L\ / ce R q w Q � � % O \ Uk 7 / E U- 00 � R It It 'SHEET NO. R-36 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g 2 � ) z \ m C F- aE F- U �� « §�3 ƒ% % ue J� e e � �k \\ \� \z CD o / ® \ a- R� m\< \' \ / z } e o O \\ §\ 3�\ �E / \ /ƒ uz� F- z ee u o / : « zoa ee�e z m /? �5i E\j �P cue mz4� z ±z z z £\ u P ee � f \\ }ƒ \ \/}\ \ ^� 5 EJ } ` } o/ } > nnm»n /6 } > ,[ \/ / \§ \ k \L \ < \ \ � \Q \< } [ u® ! ) ° - C \ \ F- 0 \ k ? G 0< \ ®� §\ \ �� I_g_ \ /\\/ \/ 0� <\zz ea �z /\\? // §± / iewb o® u§ L eDU) u# \= 2 E 5 = z 0 4 � c -i U u < uo = / %a > e L \/5b \ bk \f /z oe 2 LLI »/ 3: i§ q � ƒ C-)0= \b \a \D U =ze< e <> =o =§ % g eaao < o Ie z_ 2 % / E L crO 0- = E 'SHEET NO. R-37 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g Q 4 g 2 = f j < \ LLI & « y Of m _ CD LLI � \ i �U / < 2 i \/ j / \ / % o\ 5 / Iag \ / /E % \ \/< L ry- 2 �/§ ».. 7 / ! = J «o= 3 / \ § /\\ // \ G § . 2 z 3»= E§ } ( o z 2 � \�LLI LLIz ) e / \ \ = M: (A \ e = E® <_ \ § i_ L,Lu ± 9 2/ z \ 0 » e< \e } ( ze b o � z \ @ F- ue Of* <_ > - 2 <_ < <z @ ` o e= \« zo z/ /§2 ƒ/ \ \ \ƒ \\\ $\ \ + IE 2<� =E \ 2� u/5 mD j o = E > - } §e E/$ /2 \ E of \/ I--ui �L \ \ \g ƒ /< E\2 z/ } < ez 5 a3 Ij }�R ) / §i = /e E� a<e §\ ) \ \/ i2 w w b2 \ w � � a 2 i ƒ@ \ z e E= I L L c 0 > / � 0 O % g = 0 2 LU ƒ 5 crR \ %1-0- _ 0- 'SHEET NO. R-38 42 TOTAL CAD FILE: ~ DRAWING FILE NO. «, _ ] ) ) § « g Q 4 g 2 = f j / % 2 < \ & « y LLI m _ CD U) � \ i U) / } LLJ 5 } \Z a F- / \ o = o/ 5 0 } z o e = - § u Ea w V) a5 L d $2 » 7 Ld = J o= 3 / G § //\ z/§ a / iE§ \ \ ( 0 2 ± e �\ 3a ) e . u e §/ \_ } 2 j e <b ) § ° F- 0 co E® �/ ) ® i eo \§ \ ) F- eb /� // } @ \ \\ /� �F- \ \ a C)e } ƒ_ §_ 0z $< \ » ® 7 i Z» / ) = e o\ ±E \ / §o \22 0D \ E �e e§ƒ2 e= ) zz / u§ <� oƒ } < <u _< __ > z ± 3 EE 2=2 -M ) 5 _< /�_ (Di ) < c 5 e3 E§ U) \ / j \ F- EE 22E §\ ) E /? a Z2 w w 2 2 \ / 5 =i k R i2 b L 2 e@ 9 / < _ R * � z Uk ƒ 3E ± 0R R It It 'SHEET NO. R-39 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g Q � 2 \ \ 0 0 ƒ \ / \ §� z 0 / / } ® _j $/ E 2 g 2 F- ~/ \/ < � � u y « y \ �0 \? > / 2 c Q Z 2 b/Z Q0 ± 7z� fE %\ / a_/5 Q { � ® / <\Of ¢ @ # U) }jg \ } u <0ƒ 09 ch / LLI/9 e 2 } \ 0 �o� \\ \ 2 LLJ z�5 2} } E . 2 0 \/ƒ ±± } - e I z > eu \ X < /E% \k \ § � L = uL } 2 \ �� \< 120 \ \ e= 0Of e C) \ . U) << $< \ ?\� Ldj \ a = < : J \ \ < \\\ /� \ Ii -<= 0 \ \\ ƒ/5 /\ } } ie E/$ z§ } e *® ^ \ < �/� z /0 �z . ƒ w< Eat \} o_ zP a3 Ej 7 j E§ / uj ® ® \ Ea aao / / \\ \\ z w W w \ LU z / _ // L \ � \ ƒ < ¥ \ Ld 0\ / \ i 00 i w k w / E m 0R E � = R 'SHEET NO. R-4O 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g Q z� \ _ \ < / \ LLJ c y 3 \ 0 0 / g \ 2 e � c \ /% / y 0 \ U)/ / / 0 \ j 0 ® j / 0 b e 7 ƒ \ F- j z / Of \ \ LLJ 0 <\ \ z z = _ :2 II = 3 j 0 ee e 3F- ^ } / / = 2 / / z E& k/ � CD D ƒ Lz »z �7 \ \ ƒ § }CD D S/ % F- d0 b§ }C) (D u ee z \ E \ 2 \ e �ƒ_ f / }\ /E } \ ? / / U) < ®® < // }bLLI ) / / 0 7 » m 5L 5$ - > a ¥/ \ ^ \ < \0 \ 0 \ /CZDL \ \ g ± _ . r # r 20 } z o . <® ) \ i / � E 2 } E D < < ; k u U u3 = �D ) @ F- 2 > _ \ b E «~ ƒ �\ ) \ \ § ` �� k ® 0� ) u 4 E §0 � \ F- < } < o} } bj e / %ƒ ) F- in z 0 < } } eu o< § iU) Of \ / �\ \ \ // - § �� \ a / j F ?< u / / E® z ® i 222 < < \GR ice / uG< L % E \\\ j / / 2 g @ao e z ce < \�/ e&a q / 00o s�z a=eo oin 2 \2 w % O � C) Z 3 ± 0R R � _ _ 'SHEET NO. R-4] 42 TOTAL DRAWING FILE NCAD FILE: ~ 4-137-b2 ) / ( � ( « g Q 4 f / \ 2 � LLI < \ \ z q/2 §:2 e G & « y u/ƒ $/ b uF-ze E c Q F- \\§/ ƒ� § } ? \ \ƒ? uo�i 7 / ® « P<<- >e �� 2 0 � { E / Le// \\ } / - \/i //§/ EE % 2 § \ us ulso \ _ �<F—LLI <o < �/ ) f . a � o_ > �Iub In i </ /\ } ?3&§ LLJZ E=a< __« . / b§ 32 } \\ \ § \/ L,� \ - 2 U) \® } = u/ } \ E/ C) \ \ ° \� \� } \ co \§ Ez } � . = =j� \ ) =o _\ } W ## IgLLI } < /\ �E \ In ®z a-b ) \ L,/ of \ & z> o< \ 2 \5 �\ ) a < o= au > .z ,6 ,z o 2 w J /k / 0 /# V) © \e a e\ o± 2� z \Eƒ z o3 \\ \\ / ®Ld / \\ u=Io L ¥ 2ƒ i/ / Ld<< / U) \ @ b Ez ƒ $ ¢ _ u§\E ƒ rY 0:2 % O D D Uk % / E U- 00 0 � � _ _ 'SHEET NO. R-42 42 TOTAL DRAWING FILE NCAD FILE: ~ «, _ ) / ( � ( « g 4 ® U 2 § / \� 0 (D a b« / \ / \ - > (-) c y3 2 \ = \ LLJ� ® \ § a_U) \/ O % � U) 2E _ @ y « y 7 / \ o Ei ac ± moi ® z 0 © CD F- 20 22 ? Q { X E �o » « 3 u4 RG . Q { ƒ ƒ ' E 04 2 $/ %% } § \ \ / O _ L w � oe � R co") 2 � < % O � k Ro $ ƒ L ƒ 52 < � 2 0- � � / 'SHEET NO. S.] 10 TOTAL CAD FILE: DRAWING FILE N^ 4-137-b2 ) / ( � ( m Q 3 / \0 i \ § \ /< _ -JC)c \ 2 \ } \ \\c \ \ < LLJ = 6 \ ? \\� / � } / ±L\ y « y 7 � 0e:2j LLI \ C) 000 / \ / r Lee » « 3 :2 -0 . m { / � \ \\\ - @ % o =oI \ VL k \ \ / O _ k L w c @ � 2 L -i % O ® � o R 2 L ± 2 2 cr / / cl 0- = 22 'SHEET NO. S.2 4O TOTAL CAD FILE: DRAWING FILE N^ 4-137-b2 ) / ( � ( e ® % < / \ � � 6-4 ƒ G « / C) / � \ C) / \ \ c g 2 \ \ O c) _ y « y \ /\ ® \ Eee xLLJ { \ CIV § \ \ -10 @ � f Ll ± 0 0 \ � = L L c @ � \ � 0) 2 U) L � i % O / Lu z = _ a Q 2 2 % / LL k (D @ % crR / / 0- = 2 = 'SHEET NO. S.3 4O TOTAL CAD FILE: DRAWING FILE N^ «, _ ) / ( � ( « g /k ƒ � » &E \/ / � \ 2= / � \ \\ / 62 g 2 2/ y / }\ / k \ \ \ x LLJ { § \ / ± \ 0 \ / § L L c @ � 2 e L -i < \ƒ / ƒ k E % 0 0 2 < = O / w 0- = 22 'SHEET NO. S.4 10 TOTAL CAD FILE: DRAWING FILE N^ 4-137-b2 ) / ( � ( « g Q 7 U 2 / LLJ U)LLI / ® 2 LLI_j Of k � z \\ 04 2 Q { _ © » « F- a- k/ { \ \/ \ § \ \ E \ b f � 7 F-// < ƒf \ 5 CD \ 2 // \ ?? Z / «2 L a ®ƒ L -i §ƒ / /J ce LL �\ \\ �_ R7\ F c O /E / _ L/\ $ Ir 2 2 3E LU 0R E0 g � = U = 'SHEET NO. S.3 4O TOTAL CAD FILE: � ^ «, _ ) / ( � ( « g e Q 5UF- 6-4 ) P < 02 EE / = � J% i io 4 y 2 \ R § / 22 22 u \ \ 0 _ 0 ® LI EE \ c y3 / / / / \ / no z 62 u o ¢ g > zF- 2 0 % 2 uz < < % 2 < a o eo O oeuo \ wo 0 oEz_ r = _® / _2 \ � :2 [If ®G ii�f2 =)E ae 0Lf) 2 Q { 3Ein0) J a / » « \ \ b / � \/ ®\ > oo oz $/ IE - @ < o :2e U m@ ° } § \ \ L L � LL q � O Q � 0 � % O / / Uk ƒ b 3E UL crR 00 0- = UL 'SHEET NO. S.6 4O TOTAL CAD FILE: DRAWING FILE N^ «, _ ) / ( � ( « g 2 � / / ) k/ / / � \ I m \ \ Z - �� / \ % IEm \ bC < c y3 ` E q § 2E no z za/ / O Q �§ y - < y::G > Lo/u z o :2 « y / = C) / Eo2 \/ � a\ ? \ U) CD CD %% � \� f 0 LLJ z u i / 2 z EP§� /f- \/ .��. . } § \ \ L c @ / ± O � % O 0 / Uk -1b / E L 2 crR + q CL = 22 'SHEET NO. S.7 4O TOTAL CAD FILE: D �\N� 4-137-52 N � A � m O m � J ❑ x v. Q _ w F- DY o Q w U Of U) w c � cng � w o=N� a Ca y o � Q w zofom Ca oLLI�� Joao z c, o O O 2 z w CD z = c�z < w Ul C'_ i w < U) O F-!Q O wD C3 o _z= w U w z 0 0 a a ❑ z 0 m w a z m w F J ¢ CD ❑ z = o U) z !Z U W LL r °OQ w U Z 0 p Z 0 oC 0 = 0 SHEET N0. �OF S-8 10 TOTAL: CAD FILE: 11926-S08-SHINGLE DRAWING FILE NO. 4-137-52 N � A � m O a m z w o U DY I l W W o g F-Z w W O�o � W N w O U Q Swim w >Oof0 Q Q CJD O ~ W n 0Z$ a ? w CD z C3 _ 0Z < (n CD= O O O w Q � O w D W y O Z m: W > of (n " 1 U W z CIV 0 v � A z 0 m w s10 m n� F F z c w 0 w Z CD o ch z O U W J � � Q H 00 U Ir Z U Z -i LU > LU 00 LU Z0 oC0 = 0 Ir SHEET NO. OF S-g 10 TOTAL: CAD FILE: 11926-S09-SHINGLE DRAWING FILE N0. 4-137-52 N � A � m O m � K � ❑r-1 S C F— CD z Z W W O g = Q w <� a � Z Q w Z C) O Ca O -D n a J F- O C� O N E z Z..N G � 7 LLI CDN w Z L, fj� W O W W C� OU O U a W g < w U w w z < F o U) U) U) W O J 0 Z_ Q U o F 1 'z ❑ z 0 m w a z m F a ❑ � o � J z Z � Q oZ � W = oLf) og �W w W J_ 0:�o- n W W W 0 H W W 0 > c\j LL LL 0 00 W Z J m 00 Z_ OC 0 = J It cn 0- SHEET NO. OF S-10 10 TOTAL: CAD FILE: 11926-S10-SHINGLE DRAWING FILE NO. 4-137-52 ON Of Flirt Laudetdole• Procurement Services Div isiari 100 N,Andrews Aueriue,61;9.Fart:Lau*fer fate,Florida 33301 1 954=`828-5933 Fax 959-828-5;x76; www.fortlauderdole govlpetrchasinci, e� i15Q1t3 . x G i' Advanced Roofing,lnc Attn,. Robert R.Korfii'ahrens `C950 NW 22"d'Street Fort Lauderdale, FL 3a311 Email: debbig adyancedrogfing,= RE: Contract Extension 24341292' Roofing Repair and R+�placer+ent;Annual Cityrwide dear Mr. Kernahrens< The above contractt is scheduled to expire on February 17, 2014. The "Oity of Fort Lauderdale Procurement Ordinance" Sec. 2.178.—Organization.(c , C14)states: "In the event additional time is required to' prepare 9, Or award a competitive solicitation, the chief procurement officer shah have the authority to extend an existing contract for the necessary time period with prorated deilar authorization, provided such extension in no event shall exceed one hundred eighty ;(180) days fallowing the, e)cpiration of the contr6ct ' The Chief Procurement E7ftieer.has invoked this provision. Accordingly, this contr±act'is: being extended an a month4o-month basis for up to one hundred and eighty (180) days effective February If YOU have any questions, please contact Kevin Brown, Senior Procurement Specialist at(954}828-5963. Sinter ly, 1 � � 5 ' ACCEPTANCE A hea Pemse( MA, GPS.M ` By Interim Manager Procurement and Contracts ; fficiai Signature Robert R Kornahrens,President Title: February 16,2018 Date Moe 1 of I Approved by:Jennifer AivarOz Mcinoger of Procure rner+f crud Corsiracts_ � Uncontrolled 3n haid copy uf�ss ofFrery ise marked _ ' ILD CCMMUNffy (2) PUBLIC WORKS DEPARTMENT CONTRACT ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE DESCRIPTION Advanced Roofing, Inc. CONTRACTOR Unit is Contract Not To Exceed $1,943 189.50 AMOUNT Fe��a _18, 2014 COMMISSION APPROVAL DATE CITY OF FORT LAUDERDALE CONSTRUCTION AGREEMENT THIS AGREEMENT made and entered into this 18th day offtkLuaU 014, by and , L between the City of Fort Lauderdale, a Florida municipal corporation (City) andAdvanc" Roofina. Inc., (Contractor), (parties); — 111-1-Im WHEREAS, the City desires to retain a contractor for the Project as expressed in its Invitation to Bid No. 243-11292, Project Number 11926, which was opened on Jarigau 15. 2014; and, WHEREAS, the Contractor has expressed its willingness and capability to perform the necessary work to accomplish the Project. NOW, THEREFORE, the City and the Contractor, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, agree as follows. ARTICLE I – DEFINITIONS Whenever used in this Agreement or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural forms: 1.1 Agreement–This written agreement between the City and the Contractor covering the work to be performed including other Contract Documents that are attached to or incorporated in the Agreement. 1,2 Application for Payment – The form accepted by the City which is to be used by the Contractor in requesting progress or final payment and which is to include such supporting documentation as is required by the Contract Documents 1.3 Approve – The word approve is defined to mean review of the material, equipment or methods for general compliance with design concepts and with the design concepts and with the information given in the Contract Documents. It does not imply a responsibility on the part of the City to verify in every detail conformance with plans and specifications. 1.4 Bid – The offer or Bid of the Contractor submitted on the prescribed form setting forth the total prices for the Work to be performed. 1,5 Bid Documents –This Agreement, advertisement for Invitation to Bids, the Instructions to Bidders, the Bid Form (with supplemental affidavits and agreements), the Contract Forms, General Conditions, the Supplementary Conditions, the Specifications, and the Plans, which documents all become an integral part of the Contract Documents. 1.6 Certificate of Substantial Cqmptetion - Certificate provided by the City certifying that all Work, excluding the punch list items, has been completed, inspected, and accepted by the City. C-1 1.7 Change Order - A change order is defined as a written order to a contractor approved by the city, authorizing a revision of an underlying agreement between the city and a contractor that is directly related to the original scope of work or an adjustment in the original contract price or the contract time directly related to the original scope of work, issued on or after the effective date of the contract. 1.8 City — The City of Fort Lauderdale, Florida including but not limited to its employees, agents, officials, representatives, contractors, subcontractors, volunteers, successors and assigns, with whom the Contractor has entered into the Agreement and for whom the Work is to be provided. The Project Manager, or designee, shall be the authorized agent for the City unless otherwise specified. 1.9 Contract Documents — The Contract Documents shall consist of this Agreement, Exhibits to this Agreement, Public Construction Bond, Performance Bond, Payment Bond and Certificates of Insurance, Notice of Award and Notice to Proceed, General Conditions as amended by the Special Conditions, Technical Specifications, Plans/Drawings, Addenda, Bid Form and supplement Affidavits and Agreements, all applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement, Invitation to Bid, Instructions to Bidders and Bid Bond, Contractor's response to the City's Invitation to Bid, Schedule of Completion and Schedule of Values, all amendments, modifications and supplements, change orders and work directive changes issued on or after the Effective Date of the Agreement, as well as any additional documents that are required to be submitted under the Agreement. Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Agreement. A copy of all permits shall be given to the City for inclusion in the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. 1.10 Contract Price—The monies payable to the Contractor by the City under the Contract Documents and in accordance with the line item unit prices listed in the Bid. 1.11 Contract Time — The number of calendar days stated in the Agreement for the completion of the Work. The dates on which the work shall be started and shall be completed as stated in the Notice to Proceed. 1.12 Contractor — The person, firm, company, or corporation with whom the City has entered into the Agreement, including but not limited to its employees, agents, representatives, contractors, subcontractors, their subcontractors and their other successors and assigns. 1.13 Day—A calendar day oftwenty-four (2 ) hours ending at midnight. 1.14 Defective — An adjective which when modifying the word "Work" refers to work that is unsatisfactory, faulty, or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to the ProjectManager's recommendation of final payment. Rev. 3/20/2014 C-2 1.15 Effective Date of the Aqreement — The date specified in the Notice to Proceed given by the City to the Contractor indicating when the Contract Time will commence to run and on which the Agreement becomes effective, but if no such date is indicated, it means the date on which the Agreement is approved by the City Commission or if City Commission approval is not required it is the date on which the Agreement is fully executed by the City. 1.16 Final Com letion Date — The date the Work is completed, including completion of the final punch list, and delivered along with those items specked in the Contract Documents and is accepted by the City. 1.17 Hazardous Mgtgrils ( T} - Any solid, liquid, or gaseous material that is toxic, flammable, radioactive, corrosive, chemically reactive, or unstable upon prolonged storage in quantities that could pose a threat to life, property, or the environment defined in Section 101(14) of Comprehensive Environmental Response, Compensation and Liability Act of 1980 and in 40 CFR 300.6. Also defined by 49 CFR 171.8 as a substance or material designated by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated. 1.18 Hazardous Substance -As defined by Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act; any substance designated pursuant to Section 311(b) ( ) ( ) of the Clean Water Act; any element, compound, mixture, solution or substance designated pursuant to Section 102 identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act (but not including any waste listed under Section 7[ ] of the Clean Water Act); any hazardous air pollutant listed under Section 112 of the Clean Air Act; and any imminently hazardous chemical substance or mixture pursuant to Section 7 of the Toxic Substances Control Act. The term does not include petroleum, including crude oil or any fraction thereof, which is not otherwise specifically listed or designated as a hazardous substance in the first sentence of this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). 1,19 Hazardous Waste - Those solid wastes designated by OSHA in accordance with 40 CFR 261 due to the properties of ignitability, corrosivity, reactivity, or toxicity. Any material that is subject to the Hazardous Waste Manifest requirements of the EPA specified in 40 CFR Part 262. 1.20 Holidays - Those designated non-work days as established by the City Commission of the City of Fort Lauderdale. 1.21 Inspection — The to "inspection" and the act of inspecting as used in this Agreement is defined to mean the examination of construction to ensure that it conforms to the design concept expressed in the plans and specifications. This term shall not be construed to mean supervision, superintending and/or overseeing. C-3 1.22 Notice of Award - The written notice by City to the Contractor stating that upon compliance by the Contractor with the conditions precedent enumerated therein, within the time specified that the City will sign and deliver this Agreement. 1.23 Notice to Proceed —A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contract Time will end. 1.24 Plans - The drawings which show the character ands pe of the work to be performed and which have been prepared or approved by the City and are referred to in the Contract Documents. 1.25 Premises, (otherwise known as Site orWork-§Lite I — means the land, buildings, facilities, etc. upon which the or is to be performed. 1.26 Project — The total construction of the Work to be provided as defined in the Contract Documents. 1.27 Project Manage - The employee of the City, or other designated individual who is herein referred to as the Project Manager, will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the contract Documents in connection with completion of the Work in accordance with this Agreement. 1.28 Punch List - The City's list of Work yet to be done or be corrected by the Contractor, before the Final Completion date can be determined by the City. 1.29 Record Documents - A complete set of all specifications, drawings, addenda, modifications, shop drawings, submittals and samples annotated to show all changes made during the construction process. 1.30 Record Drawings or "As-Builts" - A set of drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. These documents will be signed and sealed by the Engineer of Record or a Professional Land Surveyor licensed in the State of Florida. 1.31 Substantially Completed Date — A date when the Contractor has requested in writing, stating that the Work is substantially completed and is ready for an inspection and issuance of a final punch list for the Project. 1.32 Work — The entire completed delivered product or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating material and equipment into the product, all as required by the Contract Documents. ARTICLE 2 — SCOPE OF WORK 2.1 The Contractor shall complete all work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only part is generally described as follows: C-4 "AnnualRoofing Repair and Replacement City-Wide" IT # 243-11292; PROJECT 11926 2.2 All Work for the Project shall be constructed in accordance with the Drawings and Specifications. The Work generally involves: PROJECT DESCRIPTION The work includes repairs to City owned buildings associated with roofing, re-roofing and roof repair components for various locations within the City of Fort Lauderdale All items are based on a complete systems i.e. 4-ply SBS modified bitumen system (granular cap sheet). All installations shall meet all State of Florida requirements and Miami-Dade Notice of Acceptance (NOA) for high velocity. Please also refer to the typical Detail Drawings sections of this package. Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. Small repair jobs from 0 to 500 square feet (S.F.). medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S.F. All proposal line items shall include maintenance, insurance, overhead, and other fixed costs, All Bidders shall have a State of Florida Roofing and General Contractor's licenses, Contractor to be Lightning Protection Certified and maintain an in-house Safety Officer. 2,3 Within ten (10) days of the execution of this Agreement, the Contractor shall submit a Construction Schedule, Schedule of Values and a listing of those subcontractors that will be utilized by the Contractor. The general sequence of the work shall be submitted by the Contractor and approved by the City before any work commences. The City reserves the right to issue construction directives necessary to facilitate the Work or to minimize any conflict with operations. ARTICLE 3 — PROJECT MANAGER 3.1 The Project Manager is hereby designated by the City as Scott Sundermeier whose address is 100 N. Andrews Avenue 4th Floor. Fort LaLiderdale,' FL 33301. The Project Manager will assume all duties and responsibilities and will have the rights and authorities assigned to the Project Manager in the Contract Documents in connection with completion of the Work in accordance with this Agreement. ARTICLE 4— CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement between the City and Contractor are attached to this Agreement, are made a part hereof and consist of the following: 4.1 This Agreement. 4.2 Exhibits to this Agreement [project booklet and Detailed Drawings Sections]. 4.3 Public Construction on , Performance Bond, Payment Bond and Certificates of Insurance. 4.4 Notice of Award and Notice to Proceed. 4.5 General Conditions as amended by the Special Conditions. C-5 4.6 Technical Specifications. 4.7 Plans/Drawings 4.8 Addenda number I through 4, inclusive. 4.9 Bid Form and supplement Affidavits and Agreements. 4.10 All applicable provisions of State and Federal Law and any modification, including Change Orders or written amendments duly delivered after execution of Agreement. 4.11 Invitation to Bid No., 243-11292, Instructions to Bidders and Bid on . 4.12 Contractor's response to the City's Invitation to Bid No., 20-11292, dated JanuiaEy 142 4,13 Schedule of Completion and Schedule of Values. 4.14 All amendments, modifications and supplements, change orders and work directive changes, issued on or after the Effective Date of the Agreement. 4.15 Any Additional documents that are required to be submitted under the Agreement. 4.16 Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Agreement. A copy of all permits shall be given to the City for inclusion in the Contract Documents. Terms of permits shall be met prior to acceptance of the or and release of the final payment. There are no Contract Documents other than those listed in this Article 4. The Contract Documents may only be altered, amended, or repealed in accordance with the provisions of the terms of this Agreement. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is established: a. Specific direction from the City Manager (or designee) b. This Agreement dated February 18, 2014, and any attachments. c. Invitation to Bid No., 243-11292, and the specifications prepared by the City. d. Contractor's response to the City's Invitation to Bid No., 243-11292, dated Janua!Y 14, 2014. e. Schedule of Values. f. Schedule of Completion. If during the performance of the Work, Contractor finds a conflict, error or discrepancy in the Contract Documents, Contractor shall so report to the Project Manager, in writing, at once Rev, 3/20/2014 C-6 and before proceeding with the Work affected shall obtain a written interpretation or clarification from the City. It is the intent of the specifications and plans to describe a complete Project to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the specifications or plans as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have well-known technical or trade meaning are used to describe Work, materials, or equipment, such works shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or associations, or to the code of any governmental authority whether such reference specific orimplied, shall mean the latest standard specification, manual or code in effect as of the Effective Date of this Agreement, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the City, the Contractor, or any of their agents or employees from those set forth in the Contract Documents. ARTICLE — CONTRACT TIME .1 The Contractor recognizes that TIME IS OF THE ESSENCE. Each work order shall commence within 30 calendar days of the date of the Notice to Proceed. 5.2 The Work shall be Substantially Completed within NIA calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. 5.3 The Work shall be finally completed on the Final Completion Date and ready for final payment in accordance with this Agreement within NIA calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. 5.4 The initial contract term shall commence upon date of award by the City and shall expire 1 year from that date. The City reserves the right to extend the contract for additional 1 year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. 5.5 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety ( 0) days beyond the expiration date of the existing contract. The Contractor shall b compensated for the service t the rate in effect when this extension clause is invoked y the City. ARTICLEPRICE A City shall pay Contractor for performance of the Work in accordance with Article 7, subject to additions and deletions by Chane Order, as provided for in this Agreement. 6.2 The parties expressly agree that the Contract Price which shall not exceed the amount of Jj&12,189.501 constitutes the total maximum compensation payable to Contractor for performing the Work, plus any Work done pursuant to a Change Order. The C-7 Contract Price is in accordance with the line item unit prices listed in the Bid. Line items are based on a unit price cost multiplied by a defined quantity. Any additional duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change to the Contract Price. 6.3 The Contract Price constitutes the compensation payable to Contractor for performing the or plus any Work done pursuant to a Change Order. All duties responsibilities and obligations assigned to or undertaken by Contractor shall be at Contractor's expense without change in the Contract price. ARTICLE 7 — PAYMENT PROCEDURES 7.1 Contractor shall submit Applications for Payment in accordance with the Contract Documents. Applications for Payment will be processed by City as provided in the General Conditions. 7.2 Progress Payments. City shall make progress payments on account of the Contract Price on the basis of Contractor's monthly Applications for Payment, which shall be submitted by the Contractor between the first (1") and the tenth (10t") day after the end of each calendar month for which payment is requested. All progress payments will be made on the basis of the progress of the Work completed. 7.3 Prior to Final Completion, progress payments will be made in an amount equal to ninety percent (90%) of the value of Work completed less in each case the aggregate of payments previously made. 7.4 Final Payment. Upon final completion of the Work in accordance with the General Conditions, as may be supplemented, the City shall pay Contractor an amount sufficient to increase total payments to one-hundred percent (100%) of the Contract Price. However, not less than ten percent (10%) of the Contract Price shall be retained until Record Drawings (as-builts), specifications, addenda, modifications and shop drawings. Including all manufacturers' instructional and parts manuals are delivered to and accepted by the City. 7,5 The City shall make payment to the Contractor in accordance with the Florida Prompt Payment Act, Section 218.70, Florida Statutes. 7.6 The City shall make payment to the Contractor through utilization of the City's P-Card Program. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS In order to induce the City to enter into this Agreement, Contractor makes the following representations upon which the City has relied: 8.1 Contractor is qualified in the field of public construction and in particular to perform the Work and services set forth in this Agreement. C-8 8.2 Contractor has visited the Work Site, has conducted extensive tests, examinations and investigations and represents and warrants a thorough familiarization with the nature and extent of the Contract Documents. the Work, locality, soil conditions, moisture conditions and all year-round local weather and climate conditions (past and resent), and, in reliance on such tests, examination and investigations conducted by Contractor and the Contractor's experts, has determined that no conditions exist that would in any manner affect the Proposed Price and that the project can be completed for the Proposed Price submitted within the Contract Time as defined in this Agreement. Furthermore, Contractor warrants and confirms that he is totally familiar with, understands and obligates Contractor to comply with all federal, state and local laws, ordinances, rules, regulations and all market conditions that affect or may affect the cost and price of materials and labor needed to fulfill all provisions of this Agreement or that in any manner may affect cost, progress or performance of the Work. 8.3 The Contractor has satisfied itself as to the nature and location of the Work under the Contract Documents, the general and local conditions of the Project, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the prosecution of the Work and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. 8.4 The Contractor has also studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise ctin cost, progress or performance of the Works, and finds and has further determined that no conditions exist that would in any manner affect the Proposed Price and that the project can be completed for the Proposed Price submitted. 8.5 Contractor has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those referred to in Paragraphs . , 8.3 and 8.4 above as he deems necessary for the performance of the Work at the Contract Prices, within the Contract Time and in accordance with the other terms and conditions of the ContractDocuments; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by Contractor for such purposes. .B Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. .7 Contractor has given City written notice of all conflicts, errors or discrepancies that h has discovered in the Contract Documents and the written resolution by City is acceptable to the Contractor. Labor 8.8.1 The Contractor shall provide competent, suitable qualified personnel to survey and lay out the Work and perform construction as required by the Contract C_g Documents. The Contractor shall at all times maintain good discipline and order at the site. 8.8.2 The Contractor shall, at all times, have a competent superintendent, capable of reading and thoroughly understanding the drawings and specifications, as the Contractor's agent on the Work, who shall, as the Contractors agent, supervise, direct and otherwise conduct the Work. 8.8.3 The Contractor shall designate the superintendent on the job to the City, in writing, immediately after receipt of the Notice to Proceed. The Contractor understands and agrees that the superintendent's physical presence on the job site is indispensable to the successful completion of the Work. If the superintendent is frequently absent from the job site, the Project Manager may deliver written notice to the Contractor to stop work or terminate the Contract in accordance with Article 17. 8.8.4 The Contractor shall assign personnel to the job site that have successfully completed training programs related to trench safety, confined space and maintenance of traffic. A certified "competent person" shall be assigned to the job site. Personnel certified by the International Municipal Signal Associations with Florida Department of Transportation qualifications are required relative to maintenance of traffic. Failure to pursue the Work with the properly certified supervisory staff may result in notice to stop work or terminate the Contract in accordance with Article 17. 8.9 Materials: 8.9.1 The Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of Work. 8.9.2 All material and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. Suppliers shall be selected and paid by the Contractor; the City reserves the right to approve all suppliers and materials. 8.10 Work Hours: Except in connection with the safety or protection of persons, or the Work, or property at the site or adjacent thereto, and except as otherwise indicated in the Supplementary Conditions, all work at the site shall be performed during regular working hours between 7 a.m. and 6:00 . ., Monday through Friday. The Contractor will not permit overtime work or the perfonnanGe of work on Saturday, Sunday or any legal holiday (designated by the City of Fort Lauderdale) without the Project Manager's written consent at least seventy two (72) hours in advance of starting such work. If the Project Manager permits overtime work, the Contractor shall pay for the additional charges to the City with respect to such overtime work. Such additional charges shall be a subsidiary obligation of the Contractor and no extra payment shall be made to the Contractor for overtime work. The cost to the Contractor to reimburse the City for overtime inspection is established at direct-labor and overtime costs for each person C-10 or inspector required. Incidental overtime costs for engineering, testing and other related services will also be charged to the Contractor at the actual rate accrue(J. 8.11 Patent Fee and oyltis: The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work, or any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. The Contractor hereby expressly binds himself r itself to indemnifyn save harmless the City from all such claims and fees and from any and all suits and action of every name and description that may be brought against City on account of any such claims, fees, royalties, or costs for any such invention or patent, and from ny and all suits or actions that may be brought against said i for the infringement of any and all patents or patent rights claimed by any person, firm corporation or other entity. 8.12 Permits: The Contractor shall obtain and pay for all permits and licenses. There shall e no allowance for Contractor markup, overhead or profit for permits and licenses. The Contractor shall pay all government charges hich are applicable t the time o opening of proposals. It shall be the responsibility of the Contractor to secure and pay for all necessary licenses and permits of a temporary nature necessary for the prosecution of Work. 8.13 Law and Regulations: The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the specifications or plans are at variance therewith, the Contractor shall give the Project Manager prompt written notice thereof, and any necessary changes shall b adjusted by any appropriate modifications. If the Contractor performs any work knowing or having reason to know that it is contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager, the Contractor shall bear all costs arising therefrom; however, it shall not be the Contractor's prima ry responsibility to make certain that the specifications and plans are in accordance with such laws, ordinances, rules and regulations. 8.14 Taxes: The Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by him in accordance with the laws of the City of Fort Lauderdale, County f Broward, State of Florida. 8.15 Contractor Use of Premises: The Contractor shall confine construction equipment, the storage of materials and equipment and the operations of workmen to areas permitted by law, ordinances, permits and/or the requirements of the Contract Documents, and shall not unreasonably encumber the premises withconstruction equipment or other materials orequipment. The Contractor shall not enter upon private property for any purpose without first securing the permission of the property owner in writingn furnishing the Project Manager with a copy of said permission. This requirement will be strictly enforced, particularly with regard to such vacant properties as may be utilized for storage or staging y the Contractor. The Contractor shall conduct his work in such a manner as to avoid damage to adjacent private or public property. Any damage to existing structures of work of any C-11 kind, including permanent reference markers or property corner markers, or the interruption of a utility service, shall be repaired or restored promptly at no expense to the City or property owner. The Contractor will preserve and protect all existing vegetation such as trees, shrubs and grass on or adjacent to the site which do not reasonably interfere with the construction, as determined by the Project Manager. The Contractor will be responsible for repairing or replacing any trees, shrubs, lawns and lands in that may be damaged due to careless operation of equipment, stockpiling of materials, tracking of grass by equipment or other construction activity. The Contractor will be liable for, or will be required to replace or restore at no expense to the City all vegetation not protected or preserved as required herein that may be destroyed or damaged. During the progress of the work, the Contractor shall keep the premises free from accumulations of waste materials, rubbish and debris resulting from the Work. At the completion of the Work, the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials and shall leave the site clean and ready for occupancy by the City. The Contractor shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents at no cost to the City. 8.16 Project Coordination: The Contractor shall provide for the complete coordination of _ the construction effort. This shall include, but not necessarily be limited to, coordination of the following: 8.16.1 Flow of material and equipment from suppliers. B.16.2 The interrelated work with affected utility companies. 8.16.3 The interrelated work with the City where tie-ins to existing facilities are required. .1 . The effort of independent testing agencies. B.16.5 Notice to affected property owners as may be directed by the Project Manager. 8.17 Project Record Documents and As-Builts (Record Drawings): The Contractor shall keep one record copy of all specifications, plans addenda, modifications, shop drawings and samples at the site, in good order and annotated to show all changes made during the construction process. These shall be available to the Project Manager for examination and shall be delivered to the Project Manager upon completion of the Work. Upon completion of the project and prior to final payment, an as-built (record drawings) of the Project shall be submitted to the Project Manager. The as-built drawings shall be signed and sealed by a Florida Registered Professional Surveyor and Mapper. Engineer, Architect or Landscape Architect depending on the type of drawing. 8.18 Safety and Protection: C-1 2 8.18.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 8.18.1.1 All employees working on the project and other persons who may be affected thereby. 8.18.1.2 All the Work and all materials or equipment to be inoorporated therein, whether in storage on or off the site. 18.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 8.18.2 The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utilities when execution of the Work may affect them at least seventy o (72) hours in advance (unless otherwise required). All damage, injury or loss to any property caused, directly or indirectly, in whole or in part by the Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied y the Contractor. The Contractor's duties and responsibilities for safety and protection of the Work shall continue until such time as all the Work is completed and acceptedy the City. 8.19 rncis: In emergencies ctin the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the City is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Project Manager prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. 8.20 Risk of Loss: The risk of loss, injury or destruction shall be on the Contractor until acceptance of the Work by the City. Title to the Work shall pass to the City upon acceptance of the Work by the City. 1 Environmental: The Contractor has fully inspected the Premises and agrees, except as to the presence of any asbestos, to accept the Premises in an "as ie physical condition, without representation or warranty by the City of anykind, including, without limitation, any and all existing environmental claims or obligations that may arise from the presence of any "contamination" on, in or about the Premises. Further, Contractor and all entitles claiming b , through or under the Contractor, releases and discharges the City, from any claim, demand, or cause of action arising out of or relating to the Contractor's use, handling, storage, release, discharge, treatment, removal, transport, decontamination, cleanup, disposaland/or presence of any hazardous substances including asbestos on, under, from or about the remises. The Contractor shall have no liability for any pre-existing claims or "contamination" on the Premises. C-13 The Contractor shall not use, handle, store, discharge, treat, remove, transport, or dispose of Hazardous Substances including asbestos at, in, upon, under, to or from the Premises until receipt of instructions from the City. At such time, a City approved Change Order, which shall not include any profit, shall authorize the Contractor to perform such services. The Contractor shall immediately deliver to the Project Manager complete copies of all notices, demands, or other communications received by the Contractor from any governmental or quasi-governmental authority or any insurance company or board of fire underwriters or like or similar entities regarding in any way alleged violations or potential violations of any Environmental Law or otherwise asserting the existence or potential existence of any condition or activity on the Premises which is or could be dangerous to life, limb, property, or the environment. For other and additional consideration, the Contractor hereby agrees, at its sole cost and expense, to indemnify and protect, defend, and hold harmless the City and its respective employees, agents, officials, officers, representatives, contractors and subcontractors, successors, and assigns (hereafter the "City") from and against any and all claims, demands, losses, damages, costs, expenses, including but not limited to mitigation, restoration, and natural restoration expenses, liabilities, assessments, fines, penalties charges, administrative and judicial proceedings and orders, judgments, causes of action, in law or in equity, remedial action requirements and/or enforcement actions of any kind (including, without limitation, attorneys' fees and costs) directly or indirectly arising out of or attributable to, in whole or in part, the Contractor's use, handling, storage, release, threatened release, discharge, treatment, removal, transport, decontamination, cleanup, disposal and/or presence of a Hazardous Substance (excluding asbestos) on, under, from, to or about the Premises or any other activity carried on or undertaken on or off the Premises by the Contractor or its employees, agents or subcontractors, in connection with the use, handling, storage, release, threatened release, discharge, treatment, mitigation, natural resource restoration, removal, transport, decontamination, cleanup, disposal and/or presence or any Hazardous Substance including asbestos located, transported, or present on, undue, from, to, or about the Premises. This indemnity is intended to be operable under 42 U.S.C. sections 9607, as amended, and any successor section. The scope of the indemnity obligations includes, but is not limited to: (a) all consequential damages; (b) the cost of any required or necessary repair, cleanup, or detoxification of the applicable real estate and the preparation and implementation of any closure, remedial or other required plan, including without limitation; (i) the costs of removal or remedial action incurred by the United States government or the State of Florida or response costs incurred by any other person, or damages from injury to destruction of, or loss of, natural resources, including the cost of assessing such injury, destruction, or loss, incurred pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, as amended; (ii) the clean-up costs, fines, damages, or penalties incurred pursuant to any applicable provisions of Florida law; and (iii) the cost and expenses of abatement, correction or cleanup, fines, damages, response costs, or penalties which arise from the provisions of any other statute, law, regulation, code ordinance, or legal requirement state or federal; and (c) liability for personal injury or property damage arising under any statutory or common law tort C-14 theory, including damages assessed for the maintenance of a public private nuisance, response costs, or for the carrying on of an abnormally dangerous activity. 8.22 No Extended Dauras: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any other reason or allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended protect overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims y have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and reed upon by both the City and the Contractor. 8.23 No Liens: If any Subcontractor, supplier, laborer, or materialmen of Contractor or any other person directly or indirectly acting for or through Contractor files or attempts to file a mechanic's or construction lien against the real property on which the work is performed or any part or against any personal property or improvements or claim against any monies due or to become due from the City to Contractor or from Contractor to a Subcontractor, for or on account of any work, labor, services, trial, equipment, or other items furnished in connection with the Work or any Change Order, Contractor agrees to satisfy, remove, or discharge such lien or claim t its own expense by bond, payment, or otherwise within twenty ( ) days of the filing or from receipt of written notice from the City. Additionally, until such time as such lien or claim is satisfied, removed or discharged y Contractor, all monies due to Contractor, or that become due to Contractor before the lien or claim is satisfied, removed or otherwise discharged, shall be held by City as security for the satisfaction, removal and discharge of such lien and any expense that y be incurred while obtaining such. If Contractor shall fail to do so, City shall have the right, in addition to all other rights and remedies provided by this Agreement or by law, to satisfy, remove, or discharge such lien or claim y whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without limitation, include attorney's fees, litigation costs, fees and expenses and all court costs and assessments. 8.24 Weather Emergencies: Upon issuance of a HurricaneWatch by the National Weather Service, the Contractor shall submit to the Cityplan to secure the work areain the event a Hurricane Warning is issued. The plan shall detail how the Contractor will secure the Premises, equipment and materials in a manner as to prevent damage to the Work and prevent materials and equipment from becoming r to persons and property on and around the Premises. The plan shall include a time schedule required to accomplish the hurricane preparations and a list of emergency cont cts that will be available and in the City before, during andimmediately after the storm. -15 Upon issuance of a Hurricane Warning by the National Weather Service, if the Contractor has not already done so, the Contractor shall implement its hurricane preparedness plan. Cost of development and implementation of the hurricane preparedness plan shall be considered as incidental to construction. Cost of any clean up and rework required after the storm will be considered normal construction risk within Florida and shall not entitle the Contractor to any additional compensation. Contractor shall be entitled to request an extension in time for completion of the Work, in accordance with the provisions of Article 15 of this Agreement, equal to the time he is shut down for implementation of the preparedness plan, 'the duration of the storm and a reasonable period to restore the Premises. 8.25 Force Maieure: No Party shall hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of the other party or that could not have been reasonably foreseen and prevented. For this purposes, such acts or circumstances shall include, but not be limited to weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties arising therefrom and to resume the Work as soon as reasonably possible with the normal pursuit of the Work. Inclement weather, continuous rain for less than three (3) days or the acts or omissions of subcontractors, third-party contractors, materialmen, suppliers, or their subcontractors, shall not be considered acts of force majeure. No Party shall be liable for its failure to carry out its obligations under the Agreement during a period when such Party is rendered unable by force majeure to carry out its obligation, but the obligation of the Party or Parties relying on such force majeure shall be suspended only during the continuance of the inability and for no longer period than the unexpected or uncontrollable event. The Contractor further agrees and stipulates, that its right to excuse its failure to perform by reason of force majeure shall be conditioned upon giving written notice of its assertion that a Force Majeure delay has commenced within 96 hours after such an occurrence. The CONTRACTOR shall use its reasonable efforts to minimize such delays. The CONTRACTOR shall promptly provide an estimate of the anticipated additional time required to complete the Project. 8.26 PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES I DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTED CONTRACTS- The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer Rev. 3/11/2013 C-16 the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). Additionally, the contractor assures that they, the sub recipient or the subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. (This additional language must be included in each subcontract the prime contractor signs with a subcontractor.) ARTICLE 9 — CITY'S RESPONSIBILITIES 9.1 The City shall furnish the data required of the City under the Contract Documents promptly and shall make payments to the Contractor promptly after they are due as provided in Article 7. 9.2 The City's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in the Contract Documents. 9.3 Technical Clarifications and InterDretations: 9.3.1 The City shall issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents as it may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Should the Contractor fail to request interpretation of questionable items in the Contract Documents, the City shall not entertain any excuse for failure to execute the Work in a satisfactory manner. 9.3.2 The City shall interpret and decide matters concerning performance under the requirements of the Contract Documents, and shall make decisions on all claims, disputes or other matters in question. Written notice of each claim, dispute or other matter will be delivered by claimant to the other Party but in no event later than five (5) days after the occurrence of event, and written supporting date will be submitted to the other Party within five (5) days after such occurrence. All written decisions of the City on any claim or dispute will be final and binding. 9.4 The Contractor shall perform all Work to the reasonable satisfaction of the City in accordance with the Contract Documents. In cases of disagreement or ambiguity, the City shall decide all questions, difficulties, and disputes of whatever nature, which may arise under or by reason of this Agreement or the quality, amount and value of the Work, and the City's decisions on all claims, questions and determination are final. ARTICLE 10 — BONDS AND INSURANCE 10.1 Public Construction and they onds: The Contractor shall furnish Public Construction or Performance and Payment Bonds ("Bond"), each in an amount at least C-17 equal to the Contract Price as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. These Bonds shall remain in effect until at least one (1) year after the date of final payment, except as otherwise provided by law. All Bonds shall be furnished and provided by the surety and shall be in substantially the same form as prescribed by the Contract Documents and be executed by such sureties as (i) are licensed to conduct business in the State of Florida, and (ii) are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department and (iii) otherwise meet the requirements set forth herein that apply to sureties. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 10.1.1 PerformanceBond: A Corporate Surety Bond legally issued, meeting the approval of, and running to the City in an amount not less than the Contract Price of such improvements, conditioned that the Contractor shall maintain and make all repairs to the improvements constructed by the Contractor at their own expense and free of charge to the City, for the period of one (1) year after the date of acceptance of the Work within such period by reason of any imperfection of the material used or by reason of any defective workmanship, or any improper, imperfect or defective preparation of the base upon which any such improvement shall be laid. 10.2 Disqualification of Surety: If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of clauses (i) and (ii) of Paragraph 10.1, the Contractor shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be acceptable to the City. 10.3 Insurance 10.3.1 Contractor shall provide and shall require all of its sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Property Insurance (Builder's Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers' Compensation Insurance, Employer's Liability Insurance, and Umbrella/Excess Liability, as stated below. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. A. The City is required to be named as additional insured on the Commercial General Liability insurance policy. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, s listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for the work contemplated in this Agreement shall be deemed unacceptable, and shall be considered a breach of contract. C-18 B. The Contractor shall provide the City an ori ginalCertificate of Insurance for policies required by Article 10. All certificates shall state that the City shall be given ten (10) days' notice prior to expiration or cancellation of the policy. The insurance provided shall be endorsed or amended to comply with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Finance Department. Such policies shall: (1) name the insurance company or companies affording coverage acceptable to the City, (2) state the effective and expiration dates of the policies, (3) include special endorsements where necessary. Such policies provided under Article 10 shall not be affected by any other policy of insurance, which the City may Garry in its own name. C. Contractor shall as a condition precedent of this Agreement, furnish to the City of Fort Lauderdale, c/o Project Manager, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, Certificate(s) of Insurance upon execution of this Agreement, which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 10.3.2 PrODerty Insuranna (RuildetsgRi �isk , The Contractor shall purchase and maintain property insurance upon the Work at or off the site of 100% of the contract completed value. These policies shall insure the interest of the owner, contractor and subcontractors in the Work, and shall insure against "all risks" of physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage. All such insurance required by this paragraph shall remain in effect until the Work is completed and accepted by the City. 10.3.3 Commercial General Liabilitv A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit Each Occurrence $1,000.000 Project Aggregate $1,000,000 General Aggregate $2,000,000 Personal Injury $1,000,000 Prod ucts/Completed Operations $1,000,000 B. Endorsements Required: City of Fort Lauderdale included as an Additional Insured Broad For Contractual Liability Waiver of Subrogation P remiss/0 pe rations Prod ucts/Completed Operations Independent Contractors Owners and Contractors Protective Liability Contractors Pollution Liability C-19 10.3.4 Business Automobile Liabili A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit All Autos used in completing the contract Including Hired, Borrowed or Non-Owned Autos Any One Accident $1,000,000 B. Endorsements Required: Waiver of Subrogation 10.3.5 Workers' Compensation and Employees Liability Insurance Limits: Workers' Compensation — Per Florida Statute 440 Employers' Liability - $500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Law. Contractor must be in compliance with all applicable State and Federal workers' compensation laws, including the U.S. Lon shore Harbor Workers' Act or Jones Act. 10.3.6 Umbrella/Excess Lia ili : The Contractor shall provide umbrella/excess coverage with limits of no less than $2,000,000 excess of Commercial General Liability, Automobile Liability and Employers Liability. 10.3.7 All insurance policies required above shall be issued by companies authorized to do business under the laws of the to of Florida, with the following qualifications: The Contractor's insurance must be provided by an A.M. Best's 'A-' rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City's Risk Manager. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for work contemplated in this project shall be deemed unacceptable, and shall be considered breach of contract. NOTE: CITY PROJECT NUMBER MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Contractor of their liability and obligation under this section or under any other section of this Agreement. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in for for the duration of the Project. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurancecertificates to the City at a minimum of C-20 thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates that cover the contractual period, the City shall: A. Suspend the Agreement until such time as the new or renewed certificates are received by the City. B. The City may, at its sole discretion, terminate the Agreement for cause and seek damages from the Contractor in conjunction with the violation of the terms and conditions of the Agreement. ARTICLE 11- WARRANTY AND GUARANTEE, TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.1 Warran!y: The Contractor warrants and guarantees to the City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to the Contractor. All defective work, whether or not in place, may be rejected, corrected or accepted as provided in this Article, 11.1.1 Warranty of Title: The Contractor warrants to the City that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens, claims or encumbrances against the equipment and materials. 11.1.2Warranly of Speci cations: The Contractor warrants that all equipment, materials and workmanship furnished, whether furnished by the Contractor, its subcontractors or suppliers, will comply with the specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a workmanlike manner. 11.1.3Warranly of Menchant abilily: The Contractor warrants that any and all equipment to be supplied pursuant to this Agreement is merchantable, free from defects, whether patent or latent in material or workmanship, and fit for the ordinary purposes for which it is intended. 11.2 Tests and InsDections: The Contactor shall give the Project Manager timely (minimum of thirty six (36) hours) notice of readiness of the Work for all required inspections, tests, or approvals. 11.2.1 If any law, ordinance, rule, regulation, code or order of any public body having jurisdiction requires any Work (or part thereof} to specifically be inspected, tested or approved, the Contractor shall assume full responsibility, pay all costs in connection therewith and furnish the Project Manager the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the City's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment submitted for approval prior to the Contractor's purchase thereof for incorporation of the Work. C-21 11.2.2 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by the City or by a professional testing firm designated by the City. The City will pay for sampling and testing if the test results are passing. The Contractor will reimburse the City for sampling, testing, and retesting costs associated with failing tests. 11.2.3 Neither observations by the Project Manager nor inspections, tests or approvals y others shall relieve the Contractor from his obligations to perform the Work in accordance with Contract Documents. 11.3 UncoveringWork: If any work that is to be inspected, tested or approved is covered without approval or consent of the Project Manager, it must, if requested by the Project Manager, be uncovered for observation and/or testing, Such uncovering and replacement shall be at the Contractor's sole expense unless the Contractor has given the Project Manager timely notice of the Contractor's intention to cover such Work and the Project Manager has not acted with reasonable promptness in response to such notice. 11.3.1 If the Project Manager considers it necessary or advisable that Work covered in accordance with Paragraph 11.2.1, 11.2.2 and 11.2.3 be observed by the City or inspected or tested by others, the Contractor at the City's request, shall uncover, expose or otherwise make available for observation, inspection or testing as the Project Manager may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, the Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such work is not found to be defective, the Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection testing and reconstruction if he makes a claim therefore as provided in Articles 14 and 1 . 11.4 gity May Stop theWork: If the Work is defective, or the Contractor fails to supply sufficient skilled supervisory personnel or workmen or suitable materials or equipment or the work area is deemed unsafe, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other party. The City will not award any increase in Contract Price or Contract Time if the Work is stopped due to the circumstances described herein. 11.5 Correction_ or Removal of Defective Work Before Final Payment: If required by the Project Manager, the Contractor shall promptly, without cost to the City and as Specified by the Project Manager, either correct any defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by the City remove it from the site and replace it with non-defective Work. C-22 11.6 One Year Correction Period After Final a mnt: If within one (1) year after the date of final acceptance, or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City's written instructions, either correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with non-defective Work. If The Contractor does not promptly comply with the terms of such instructions or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs for such removal and replacement, including compensation for additional professional services, shall be paid by the Contractor. 11.7 Acceptance of Defective XA/t%rL- Deductions: If, instead of requiring correction or removal and replacement of defective Work, the City, at the city's sole option, prefers to accept it, the City may do so. In such a case, if acceptance occurs prior to the ProjectManager's recommendation of final payments, a Change Order shall be issued incorporating the necessary revisions in the Contracts Documents, including appropriate reduction in the Contract Price; or if the acceptance occurs after such recommendation, an appropriate amount shall be paid by the Contractor to the City. 11.8 Cily Aav Correct DefectiveWork: If the Contractor fails within a reasonable time after written notice of the Project Manager to proceed to correct defective Work or to remove and replace rejected Work as required by the Project Manager in accordance with Paragraph 11.5, or if the Contractor fails to perform the Work in accordance with the Contract Documents, the City may, after seven (7) days written notice to the Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, the City shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the City may exclude the Contractor from all or part of the site, take possession of all or part of the Work, suspend the Contractor's services related thereto and take possession of the Contractor's tools, construction equipment and materials stored at the site or elsewhere. The Contractor shall allow the City's representative agents and employees such access to the site as may be necessary to enable the City to exercise its rights under this paragraph. All direct and indirect costs of the City in exercising such rights shall be charged against the Contractor in an amount verified by the Project Manager, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Work. The Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the City of the City's right hereunder. ARTICLE -- INDEMNIFICATION 12.1 Disclaimer of Liability: The City shall not at any time, be liable for injury or damage occurring to any person or property from any cause, whatsoever, arising out of Contractor's construction and fulfillment of this agreement. C-23 12.2 Indemnification: For other, additional good valuable consideration, the receipt and sufficiency of which is hereby acknowledged: 12.2.1 Contractor shall, at its sole cost and expense, indemnify and hold harmless the City, its representatives, employees and elected and appointed officials from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including but not limited to fees and charges of engineers, architects, attorneys, consultants and other professionals and court costs arising out of or in consequence of the performance of this Agreement at all trial and appellate levels. Indemnification shall specifically include but not be limited to claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the project and Work of this Agreement; (b) any act, omission or default of the Contractor, its Subcontractors, agents, servants or employees; (c) any and all bodily injuries, sickness, disease or death; (d) injury to or destruction of tangible property, including any resulting loss of use; (e) other such damages, liabilities, or losses received or sustained by any person or persons during or on account of any operations connected with the construction of this Project including the warranty period; (f) the use of any improper materials; ( ) any construction defect including both patent and latent defects; (h) failure to timely complete the work; (i) the violation of any federal, state, county or city laws, ordinances or regulations by Contractor, its subcontractors, agents, servants, independent contractors or employees; 0) the breach or alleged breach by Contractor of any term of the Agreement, including the breach or alleged breach of any warranty or guarantee. 12.2.2 Contractor agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against City, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation. 12.2.3 Contractor shall pay all claims, losses, liens, settlements or judgments of any nature in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees and costs for trails and appeals. 12.2. 1f any Subcontractor, supplier, laborer, or materialmen of Contractor or any other person directly or indirectly acting for or through Contractor files or attempts to file a mechanic's or construction lien against the real property on which the work is performed or any part or against any personal property or improvements thereon or make a claim against any monies due or to become due from the City to Contractor or from Contractor to a Subcontractor, for or on account of any work, labor, services, material, equipment, or other items furnished in connection with the Work or any change order, Contractor agrees to satisfy, remove, or discharge such lien or claim at its own expense by bond, payment, or otherwise within five (5) days of the filing or from receipt of written notice from the City. C-24 Additionally, until such time as such lien or claim is satisfied, removed or discharged by Contractor, all monies due to Contractor, or that become due to Contractor before the lien or claim is satisfied, removed or otherwise discharged, shall be held by City as security for the satisfaction, removal and discharge of such lien and any expense that may be incurred while obtaining the discharge. If Contractor shall fail to do so, City shall have the right, in addition to all other rights and remedies provided by this Agreement or by law, to satisfy, remove, or discharge such lien or claim by whatever means City chooses at the entire and sole cost and expense of Contractor which costs and expenses shall, without limitation, include attorney's fees, litigation costs, fees and expenses and all court costs and assessments, and which shall b deducted from any amount owing to Contractor. In the event the amount due Contractor is less than the amount required to satisfy Contractor's obligation under this, or any other article, paragraph or section of this Agreement, the Contractor shall be liable for the deficiency due the City. 12.2.5 The Contractor and the City agree that Section 7 5.0fi( ), Florida Statutes controls the extent and limits of the indemnification and hold harmless provisions of this Agreement, if any, and that the parties waive any defects in the wording of this Article that runs afoul of said statutory section. ARTICLE — CHANGES IN THE WORK 13.1 Without invalidating this Agreement, the City may, at any time or from time to time order additions, deletions or revisions in the Work through the issuance of Change Orders. Upon receipt of a Change Order, the Contractor shall proceed with the Work involved. All Work shall be executed under the applicable conditions of the Contract Documents. If any Chane Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 14 or Article 15 on the basis of a claim made by either Party. 13.2 The Project Manager may authorize minor changes in the work not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. Such changes must be in writing and signed y the City and the Contractor. 13.3 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any Bond to be given to the Surety, it will be the Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. ARTICLE1 — CHANGE OF CONTRACT PRICE Change of Contract Price, approved by CITY, shall be computed as follows: 14.1 Cost of theWork: The to "Cost of the Work" means the sum of all direct costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by the City, these costs shall be in C-25 amounts no higher than those prevailing in the City and shall include only the following items and shall not include any of the costs itemized in Paragraph 14.2: 14.1.1 Payroll costs for employees in the direct employ of the Contractor in the performance of the Work under schedules of job classifications agreed upon by the City and the Contractor.. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus and cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and applicable holiday pay. 14.1.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and required suppliers and field services. All cash discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to the City, and the Contractor shall make provisions so that they may be obtained. 14.1.3 Supplemental costs including the following: 14.1.3.1 Cost, including transportation and maintenance of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work. 14.1.3.2 Rentals of all construction equipment and machinery and the parts whether rented from the Contractor or others in accordance with rental agreements approved by the City, and the costs of transporting, loading, unloading, installation, dismantling and removal. The rental of any such equipment, machinery or parts shall cease when the use is no longer necessary for the Work. 14.1.3.3 Sales, consumer, use or similar taxes related to the Work and for which the Contractor is liable, imposed by laws and regulations. 14.1.3.4 Royalty payments and fees for its and licenses. 14.1.3.5 The cost of utilities, fuel and sanitary facilities at the Work site. 14.1.3.6 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 14.1.3.7 Cost of premiums for additional bonds and insurance required because of changes in the Work. 14.2 The Contract Price may only be increased by a Change Order when Work is modified in accordance with Article 13 and approved by the CITY in writing. Any claim for an increase in the Contract Price resulting from a Change Order shall be based on written notice delivered to the Project Manager within ten (10) days of the occurrence of the C-26 Chane Order giving rise to the claim. i the amount of the claim with supporting at shall be included in the Change Order and deliveredwithin n ( ) days of such occurrence unless Project Manager allows an additional period of time t ascertain ccur to cost data. Any chane in the Contract Price resulting from any such claim II be incorporated in the Change Order. 14.3 Not Included in the Costthe Work:_ The term "cost of the ll not include any of the following: 14.3.1 Payroll costs and other compensation of the Contractor's officers executives, principals (of partnershipsole proprietorships), general engineers, architects, estimators, attorneys, auditor, accountants, purchasing and contracting nt , expediters, timekeepers, clerks and other personnel employed by the Contractor whether at the site r in the Contractorsprincipal or branch officefor general administration of thework and notcifi lly included in the agreed upon schedule job classifications referred to i Paragraph 14.1.1, all of which are to be considered initrtiv costs covered by the Contractor'sfee. 14.3.2 Expenses of the Contractor's principal and branch offices other than the Contractor's office t the site. 14.3.3 Any part of the Contractor's capital expenses, including interest on the Contractor's capital to for the Work and charges is Contractor for delinquent payments. 14.3.4 Cost of premiums for all bonds and for all insurance whether or not the Contractor is required by the Contract cu nts to purchase d maintain the same. 14.3.5Costs due to the negligencethe Contractor, any subcontractor, or anyone directly or indirectly employed y any of them or for whose acts any of the may be liable, including but not limited , the correction of defective Work, disposal of materials or equipment ron l supplied i any damage property. 14.3.6 Oter overhead or general expense costs of any kind and the costs of any it em not specifically andexpressly included in Paragraph14.1 14.4 Basisf C ns tion: The Contractor's compensation, llo the Contractor for overhead and profit, shall be determinedfollows: 14.4.1 A mutuallyacceptable negoti to e 14.4.1.1 For costs incurred under Paragraphs 14.1.1 and 14.1.2, the Contractor's fee shall not exceed five percent (5%). 14.4.1.2 No fee shall be payable on the basis of costs itemized under Paragraphs 1 .1.3.1, 14.1.3.2, 14,1.3.3, 14.1.3.4, 14.1.3.5, 14.1.3.6, 14.1.3.7, 1 .3.1, 1 .3.2, 1 .3.3, 14.3.4, 14.3.5 n 14.3.6. - 7 14.4.1.3 The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease plus a deduction in the Contractor's fee by an amount equal to five percent (5%) for the net decrease. 14.4.1.4 hen both additions and credits are involved in any one change the combined overhead and profit shall be figured on the basis of net increase if any, however, not to exceed five percent (5%) of the agreed compensation. Profit will not be paid on any Work not performed. 14.5 Cost BreakdownRgqg mired: Whenever the cost of any Work is to be determined pursuant to this Article, the Contractor will submit in form acceptable to the City an itemized cost breakdown together with supporting documentation. Whenever a change in the Work is to be based upon mutual acceptance of a lump sum, whether the amount is an addition, credit, or no-charge-in-cost, the Contractor shall submit an estimate substantiated by a complete itemized breakdown: 14.5.1 The breakdown shall list quantities and unit prices for materials, labor, equipment and other items of cost. 14.5.2 Whenever a change involves the Contractor and one (1) or more subcontractors and the change is an increase in the agreed compensation, the overhead and profit percentage for the Contractor and each subcontractor shall be itemized separately. 14.6 Time for the City to ADDrove Extra Work: Any Extra Work in an amount up to and not exceeding a cumulative amount of $25,000 for a specific project can be approved by the City Manager and shall require a written Change Order proposal to be submitted to the Public Works Director for submittal and approval by the City Manager. Extra Work exceeding the cumulative amount of $25,000 for a specific project must be approved by the City Commission and a written Change Order proposal must be submitted to the Public Works Director for submittal and approval by the City Manager and City Commission. No financial or time claim for delay to the project resulting from the Change Order approval process outlined above under Section 14.6 will be allowed. ARTICLE 15 — CHANGE OF THE CONTRACT TIME 15.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to the Project Manager within five (5) days of the occurrence of the event giving rise to the claim. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. 15.2 The Contract Time will beextended in an amount equal to time lost due to delays beyond the control of the Contractor if a claim is made there for as provided in Paragraph 15.1. Such delays shall include but not be limited to, acts or neglect by the City, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. C-28 15.3 All time limits stated in the Contract Documents are of the essence. The provisions of this Article 15 shall not exclude recovery for damages for delay by the Contractor. 15.4 Delays caused by or resulting from entities, contractors or subcontractors who are not affiliated with the CONTRACTOR (non-affiliated Contractors) shall not give rise to claim by the CONTRACTOR for damages for increases in material and/or labor costs. Such entities, contractors and subcontractors include, but are not limited to, the City's contractors and subcontractors, Florida Power and Light Company, AT&T and Florida East Coast Railway, LLC. ARTICLE — LIQUIDATED 1 .1 Upon failure of the Contractor to complete the Work within the time specified for completion, the Contractor shall pay to the City the sum of Five HundredIla rs ($500.00) for each and every calendar day that the completion of the Work is delayed beyond the time specified in this Agreement for completion, as fixed and agreed liquidated damages and not as a penalty, so long as the delay is caused by the Contractor. Should an act of God or the acts oromissions of the City, its agents or representatives, in derogation to the terms of this Agreement cause the delay, the Contractor shall not be responsible for the delay nor liquidated damages. Liquidated damages are fixed and agreed upon between the Parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as consequence of such delay and both parties desiring to obviate any question of dispute concerning the amount of damages and the cost and effect of the failure of the Contractor to complete the Work on time. Liquidated damages shall apply separately to each portion of the Work for which a time of completion is given. The City shall have the right to deduct from or retain any compensation which may be due or which may become due and payable to the Contractor the amount of liquidated damages, and if the amount retained by the City is insufficient to pay in full such liquidated damages, the Contractor shall pay all liquidated damages in full. The Contractor shall be responsible for reimbursing the City, in addition to liquidated damages or other damages for delay, for all costs of engineering, architectural fees, and inspection and other costs incurred in administering the construction of the Project beyond the completion date specified or beyond an approved extension of time granted to the Contractor whichever is later. Delays caused by or resulting from entities, contractors or subcontractors who are not affiliated with the Contractor shall not give rise to a claim by Contractor for damages for increase in material and/or labor costs. Such entities, contractors and subcontractors include, but are not limited to, the City's contractors and subcontractors, Florida Power and Light Company, AT&T, and Florida East Coast Railway, LLC. 16.2 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis C- 9 such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. ARTICLE 17 —SUSPENSION OF WORK AND TERMINATION 17.1 City May Suspend Work: The City may, at any time and without cause, suspend the Work or any portion of the or for a period of not more than ninety (90) days by notice in writing to the Contractor which shall fix the date on which Work shall be resumed. The Contractor shall resume the Work on the to fixed. The Contractor will be allowed an increase in the Contract Price or anextension of the Contract Time, or both, directly attributable to any suspension, if the Contractor makes a claim as provided in Articles 14 and 15. 17.2 CityMay Terminate Work: The City retains the right to terminate this Agreement, with thirty (30) days prior written notice. Additionally, the City may also terminate this Agreement upon 15 days' notice upon the occurrence of any one or more of the following events: 17.2.1 If the Contractor commences a voluntary case ora petition is filed against the Contractor, under any chapter of the Bankruptcy Code, or if the Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. 17.2.2 If the Contractor makes a general assignment for the benefit of creditors. 17.2.3 If a trustee, receiver, custodian or agent of the Contractor is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of the Contractor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of the Contractor's creditors. 17.2.4 If the Contractor persistently fails to perform the Work in accordance with the Contract Documents, including but not limited to, failure to supply sufficient skilled Workers or suitable materials orequipment or failure to adhere to the progress schedule as same may be revised from time to time. 17.2.5 If the Contractor repeatedly fails to make prompt payments to subcontractors or for labor, material or equipment. 17.2.6 If the Contractor repeatedly disregards proper safety procedures. 17.2.7 If the Contractor disregards any local, state or federal laws or regulations. 17.2.8 If the Contactor otherwise violates any provisions of this Agreement. 17.3 Further, the Contractor may be excluded from the Work site and the City take possession of the Work and of all the Contractor's tools, appliances, construction C-30 equipment and machinery at the site and use them without liability to the City for trespass or conversion, incorporate in the Work all materials and equipment stored at the site or for which the City has paid the Contractor but which are stored elsewhere, and finish the Work as the City may deem expedient. In this instance, the Contractor shall not be entitled to receive any further compensation until the Work is finished. No Extended ms: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. 17.4 If the Contractor commits a default due to its insolvency or bankruptcy, the following shall apply: 17.4.1 Should this Agreement be entered into and fully executed by the parties, funds released and the Contractor (Debtor) files for bankruptcy, the following shall occur: 17,4.1.1 In the event the Contactor files a voluntary petition under 11 U.S.C. 301 or 302, or an order for relief is entered under 11 U.S.C. 303, the Contractor shall acknowledge the extent, validity, and priority of the lien recorded in favor of the City. The Contractor further agrees that in the event of this default, the City shall, at its option, be entitled to seek relief from the automatic stay pursuant to 11 U.S.C. 362. The City shall be entitled to relief from the automatic stay pursuant to 11 U.S.C. (d) (1) or ( ) ( ), and the Contactor agrees to waive the notice provisions in effect pursuant to 11 U.S.C. 362 and any applicable Local Rules of the United States Bankruptcy Court. The Contactor acknowledges that such waiver is done knowingly and voluntarily. 17.4.1.2 -Alternatively, in the event the City does not seek stay relief, or if stay relief is denied, the City shall be entitled to monthly adequate protection payments within the meaning of 11 U.S.C. 361. The monthly adequate protection payments shall each be in an amount determined in accordance with the Note and Mortgage executed by the Contractor in favor of the City. 17.4.1.3 In the event the Contractor files for bankruptcy under Chapter 13 of Title 11, United States Code in additional to the foregoing provisions, the Contractor agrees to cure any amounts in arrears over a period not to exceed twenty-four (2 ) months from the date of the C-31 confirmation order, and such payments shall be made in addition to the regular monthly payments required by the of and mortgage. Additionally, the Contractor shall agree that the City is over secured and, therefore, entitled to interest and attorney's fees pursuant to 11 U.S.C. 506(b). Such fees shall be allowed and payable as an administrative expense. Further, in the event the Contractor has less than five (5) years of payments remaining on the Note, the Contractor agrees that the treatment afforded to the claim of the City under any confirmed plan of reorganization shall provide that the remaining payments shall be satisfied in accordance with the Note, and that the remaining payments or claim shall not be extended or amortized over a longer period than the time remaining under the Note. 17.4.2 Should this Agreement be entered into and fully executed by the parties, and the funds have not been forwarded to Contractor, the following shall occur: 17.4-2.1 In the event the Contractor files a voluntary petition pursuant to 11 U.S.C. 301 or 302, or an order for relief is entered under 11 U.S.C. 303., the Contractor acknowledges that the commencement of a bankruptcy proceeding constitutes an event of default under the terms of this Agreement. Further, the Contractor acknowledges that this Agreement constitutes an executor contract within the meaning of 11 U.S.C. 365. The Contractor acknowledges that this Agreement is not capable of being assumed pursuant to 11 U.S.C. 365(c)(2), unless the City expressly consents in writing to the assumption. In the event the City consents to the assumption, the Contractor agrees to file a motion to assume this Agreement within ten (10) days after receipt of written consent from the City, regardless of whether the bankruptcy proceeding is pending under Chapter 7, 11, or 13 of Title 11 of the United States Code. The Contractor further acknowledges that this Agreement is not capable of being assigned pursuant to 11 U.S.C. 365(b)(1). 17.5 Where the Contractor's service have been so terminated by the City, the termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due the Contractor by the City will not release the Contractor from liability. 17.6 The Contractor has no right, authority or ability to terminate the Work except for the wrongful withholding of any payments due the Contractor from the City. ARTICLE 18 — NOTICES 18.1 All notices required by any of the Contract Documents shall be in writing and shall be deemed delivered upon mailing by certified mail, return receipt requested to the following: To the City: City Manager C-32 City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 with copy to the: Project Manager and City Attorney City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, Florida 33301 To the Contractor: Advanced Roofing, Inc. 1950 NW 22nd Street Fort Lauderdale, FL 33311 ARTICLE 19 — LIMITATION OF LIABILITY 19.1 The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action arising out of this Agreement, so that the City's liability for any breach never exceeds the sum of $1,000. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor expresses its willingness to enter into this Agreement with the knowledge that the Contractor's recovery from the City to any action or claim arising from the Agreement is limited to a maximum amount of $1,000, which amount shall be reduced by the amount actually paid by the City to the Contractor pursuant to this Agreement, for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended either to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes, or toextend the City's liability beyond the limits established in said Section 768.28; and no claim or award against the City shall include attorney's fees, investigative costs, expert fees, suit costs or pre judgment interest. 19.2 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Contractor covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were used by the City, that there will be no entitlement to Contractor to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services, mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and Contractor hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the City and the Contractor. C-33 ARTICLE — GOVERNING 20.1 This Agreement shall be governed by the laws of the State of Florida. Both Parties agree that the courts of the State of Florida shall have jurisdiction of any claim arising in connection with this Agreement. Venue for any claim, objection or dispute arising out of this Agreement shall be in Broward County, Florida. ARTICLE 1 — MISCELLANEOUS 21.1 The duties and obligations imposed by this Agreement and the rights and remedies available to the parties and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents, and the provisions of this Paragraph will survive final payment and termination or completion of this Agreement. 21.2 The Contractor shall not assign or transfer this Agreement or its rights, title or interests. The obligations undertaken by the Contractor pursuant to this Agreement shall not be delegated or assigned to any other person or firm. Violation of the terms of this Paragraph shall constitute a material breach of Agreement by the Contractor and the City any, at its discretion, cancel this Agreement and all rights, title and interest of the Contractor which shall immediately cease and terminate. 21.3 The Contractor and its employees, volunteers and agents shall be and remain an independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be constructed to create a partnership, association or any other kind of joint undertaking or venture between the Parties. 21.4 The City reserves the right to audit the records of the Contractor relating in any way to the Work to be performed pursuant to this Agreement at any time during the performance and term of this Agreement and for a period of three ( ) years after completion and acceptance by the City. If required by the City, the Contractor agrees to submit to an audit by an independent certified public accountant selected by the City. The Contractor shall allow the City to inspect, examine and review the records of the Contractor at any and all times during normal business hours during the term of this Agreement. 21.5 The remedies expressly provided in this Agreement to the City shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of the City now or later existing at law or in equity. 21.6 Should any part, term or provisions of this Agreement be decided by the courts to be invalid, illegal or in conflict with any state or federal law, the validity of the remaining portion or provision shall not be affected. C-34 Bid - 1 PROJECT 11926 ROOFINGANNUAL IR AND REPLACEMENT CITY-WI THREEADDENDUM TO THE COMMISSION OF THE CITY FORT LAUDERDALE, FLORIDA Gentlemen: The undersigned bidder agrees to furnish all labor, tools, material and supplies, and to sustain all the expense incurred in doingthe work set forth below that may be awarded the undersigned by the City of Fort Lauderdale, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Fort Lauderdale, which are referred to below and made a part hereof, at the following unit prices, to-wit, The following unit prices are associated with roofing, re-roofing and roof repair components. The City may choose different contractors for various complete low sloe re-roofing or roofing repair projects. To be considered for these projects, please be comprehensive in filling out the items involved below. All items are based on a complete systems i.e. -ply SBS modifiedbitumen system (granular cap sheet). All installations shall meet all State of Florida requirements and Miami-Dade Notice o Acceptance ( A) for high velocity. Please also refer to the typical Detail Drawings sections of this package. Two (2) or Three O levels of work scope are indicated for most of the Proposal items. Small repair jobs from to 500 square feet (S.F.), medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S.F. An approximate quantity is also provided and the "unit price" and total blanks to be completed by Bidder. All proposal line items shall include maintenance, insurance, overhead, and other fixed costs. All Bidders shall have a State of Florida Roofingand General Contractor's licenses. Contractor to be Lightening Protection Certified and maintain an in-house Safety Officer. Please complete the following: Base bid shall include: ROOF MANUFACTURER'S NAME: F ROOF BRAND NAME: GAF 20130 FR & 60 Mil TPO INSULATION A INSULATION Iote trtavnt & Fleeceback ROOFINGI Year No Dollar Limit ( .L. C-34(a) PROJECT 11926 ITEM 1: A) Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material using a licensed asbestos abatement Contractor. Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This allowance is to reimburse the Contractor for the actual cost incurred from asbestos abatement and it does not include any incidental costs. The proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. ALLOWANCE MAMOAKIL.- TOTAL B) ALLOWANCE for Permits. Contractor markup and overhead is disallowed. Payment shall be based on actual bonafide receipts. ALLOWANCE $20-..000.00 TOTAL ITEM 2: Furnish all materials, labor, and equipment for existing roof tear-off, including existing insulation board, down to substrate. This item also includes all disposal costs. a) Small Roof RepairAreas: 0 S.F. - 500 S.F. Approximately.-_L21 Locations = 500 S. /S,F. ,500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately._L4 Locations = 28,000 S.F@$1.001S.F. = .,000.00 TOTAL c) Large Roof Repair) eplacement Areas: Over1 1 S.F. Approximately:_U2 Locations = 62,000 S.F @$1.001S.F. $62.000.00 TOTAL ITEM 3: Furnish all materials, labor, and equipment to install approved iso-therm or polylsocya nu rate rigid insulation board tapered, based on 1'/z inches thickness, fully attached to substrate. A) MgRped in- a) Small Roof Repair Areas: 0 S.F, - 500 S.F. C-34(b) PROJECT 11926 Item 3 (continued) Approximately.,121 Locations =—50Q S. @$3 O/S.F _1,750.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F, Approximately.,-L4 Locations = 28 ,00 S. $2.501S,F, $70.000.00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately:_L21 Locations = 62, 00 SY @$1.5 01S.F. = 155 000.00 B) Mechanically attached. TOTAL a) Small Roof Repair Areas: Approximately:_L2 Locations =— 500 S. $5.001S.F. = ,500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 1 S.F. Approximately. 41 Locations = 28,000 S.F@$2.50/S.F. $70,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:_L21 Locations = 62,000 S.F@$2.501S.F. = 155 000-00 TOTAL ITEM 4: Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2-ply base flashing, anchor sheet, with vent sheet, without insulation. a) Small Roof RepairAreas: Approximately.-_ 21 Locations = .500 S.F@$1j-_001S.F. = 5,00100 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately._ 21 Locations = .501 S. $g.501S.F. = 1 252.50 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately:_L21 Locations = 10 ,OQJ S.F @$3420/S.F. $30 �003.00 TOTAL C-34(c) PROJECT 11926 ITEM 5: Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2-ply base flashing, anchor sheet, without vent sheet (uninsulated applications). A) M2"ed is a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.-_L2 Locations = 500 S.F @$8.00/S.F. $4,000.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately._L41 Locations = 28.00 S.F @$2.00/S.F. $56-000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.-_U2 Locations = 62,000 S.F @$2.00/S.F. = 186,000-00 TOTAL B) MechanicaIl c - a) Small Roof Repair Areas: Approximately._L21 Locations = 500 S.F @$8.00/S.F. = $4,000-00 TOTAL b) Medium Roof Repair/Replacement areas. 601 S.F. - 1 S.F. Approximately-_L21 Locations =,. 7-500, S.F @$2.00/S.F. = $15 �000.00 TOTAL c) Large Roof Repai r/Re placement Areas: Over 10,001 S.F. Approximately._L21 Locations = 25.000 S.F @$2.00/SY. = 75000.00 TOTAL C) Aluminum Roof Coating (For reflectivitL for black roof systems (SRI 68 Min.): (Such as 'Apoch' Premium Rubberized Aluminum Roof Coating) b) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately._L21 Locations =--59k SY @$10.001S.F. &5 000-00 TOTAL b) Medium Roof Re pai r/Re placement areas. 601 S.F. -10,000 S.F. Approximately-_L21 Locations = 7�500 S.F @$LOO/S.F. $7&00.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. _L21 Locations = 25 QQ-Q S.F @ .5 / . . = 1�2500.00 TOTAL C-34(d) PROJECT 11926 ITEM 6: Furnish all materials, labor, and equipment to install approved cants, lY2jnches thickness by31/2 inches wide. a) Small Roof Repair Areas: Approximately._U2 Locations = 100 L.F @$§.001L.F. = 50-0-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F.L Approximately:14 1 Locations = 7000 L.F @$2.50/L.F. $�3500.00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 Approximately._U2 Locations = 200 L. @$1.001L.F. $400.00 TOTAL IT 7: Furnish all materials, labor, and equipment to install flexible, non-metallic flashings, 18 inches wide. a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately:_U2 Locations =----L5 L. @$L0.00ILY. = 500-00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. -1 . Approximately-_ 2 Locations =— 90 L.F @$10 OILY. = $1.800-00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.-L21 Locations = 200 L.F@$21.001L.F. = $4,.000.00 TOTAL ITEM 8: Furnish all materials, labor, and equipment to install built-up roof repair/replacement, including pea gravel protection. a) Small Roof Repair Areas: Approximately. _LL Location = .200 S.F @$LG-001S.F. $2,000.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 1 , . Approximately._Ln Location = 000S.F @$j.001S.F. = —00-00 TOTAL ITEM 9: Furnish all materials, labor, and equipment to install built- roof pea gravel. a) Small Roof Repair Areas: Approximately:_ 1 Location =— 200 S. @ $10.001SF. $ �2 000.00 TOTAL C-34(e) PROJECT 11926 Item 9 (continued) b) Medium Roof Repair/Replacement areas. 501 S.F. - 15,000 S.F. Approximately._L11 Location = 600 S.F@ $1.001S.F. $500.00 TOTAL ITEM 10: Furnish all materials, labor, and equipment to install wall sheet metal flashing, 24 gauge stainless steel, 8 inches wide. a) Small Roof RepairAreas: 0 S.F. -500 S.F. Approximately:_ 21 Locations = 10 1 L.F @$10.001L.F. TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 1 000 S.F. Approximately.-_L41 Locations = 9.000 L.F @$3.00/L.F. = 7,000.00 TOTAL c) Large Roof Repai r/Re place me nt Areas: Over 10,001 S.F. Approximately-_U2 Locations = 200 L.F @$10.001L.F. $2,000.00 TOTAL ITEM11: Furnish all materials, labor, and equipment to install continuous 4-inches metal drip edge. A) 2 lvanized Steel a) Small Roof RepairAreas: 0 S.F. - 500 S.F. Approximately:_L21 Locations = L.F @$�j 8.00/L.F. $150.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately.-_L21 Locations = 0 L.F @ $16.00/L.F. $1 350,00_ TOTAL c) Large Roof Re pai r/Re placement Areas: Over 10,001 S.F. Approximately._L21 Locations = 100 L.F @$10.001L.F. TOTAL B) 24 Gauge S inless tel a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.,_L21 Locations = 100 L.F @ $5.001L.F. = -E-00-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately.-_L21 Locations = 3,500 L.F @$§.001L.F. $j 7—500.00 TOTAL C-34(f) PROJECT 11926 Item 11 (continued) c) Large Roof Repair/Replacement Areas- Over 10,001 S.F. Approximately._L21 Locations = 300 L.F @ $1 0.00ILY. = �000-00 TOTAL C) coppe a) Small Roof RepairAreas: 0 S.F. - 500 S.F. Approximately._L21 Locations =----25_L.F@$j5.001L.F. = L 5.00 _ b) Medium Roof Repair/Replacement areas, TOTAL 501 S.F. -1 , .F. Approximately.-_L21 Locations = L.F @$1 0.001L.F. $500-00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately. _L21 Locations = 50 L.F @$12.00/L.F. = -60-0-00 D) Aluminum TOTAL a) Small Roof Repair Areas: Approximately.-_L21 Locations = 25 L.F @ k5.001L.F. $125-00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 1 S.F. Approximately._ 21 Locations = L.F &.F. $250.00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.-_L21 Locations =--10 L. @ $A.001L.F. = L 0.00 _ TOTAL ITEM 12: Fumish all materials, labor, and equipment to install wall counter flashing 24 gauge stainless steel, surface mounted with springlock reglet and 24 gauge stainless steel flashing, 6- inches vertical. a) Small Roof RepairAreas: Approximately.-_L21 Locations = -L.F@$20,00/L.F. = 500,00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately:-- 2 Locations =A00 L. @$5.001L.F. $2�5000.00 TOTAL C-34(g) PROJECT 11926 Item 12 (continued) c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:_L21 Locations = 200 L.F@$15.001L.F. = 3,000.00 TOTAL ITEM 13: Furnish all materials, labor, and equipment to install metal coping cap, snap-lock system, 8-inches wide. A) 24 Gauge Galvanized Steel a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:_ 21 Locations = 25—L.F @$3LOO&F. = 750.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately._L2 Locations = L. j 0.001L.F. $5-00-00 TOTAL c) Large Roof Re pai r/Re placement Areas: Over 10,001 S.F. Approximately.,_L21 Locations = 50 LY@$10,001L.F. = $500.00 TOTAL B) 24 Gauae Stainless Steel a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:_L21 Locations = 25 L.F @$16.001L.F. $875.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 1 , . Approximately.,_L2 I Locations =—4 000 L.F @$10.001L F. $40,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.-_L21 Locations =_200 L.F @$10.001L.F. $2,000.00 TOTAL C) Aluminum wi y r inish a) Small Roof Repair Areas: S.F. Approximately._L2 Locations = L.F 0.$Z0.001L.F. $500,00 TOTAL b) Medium Roof Repair) eplacement areas. 601 S.F. - 10,000 S.F. Approximately. _ 21 Locations =_ 50 L. @$16.001L.F. = .E0.00 TOTAL C-34(h) PROJECT 11926 Item 13 (continued) c) Large Roof Repair/Replar-ement Areas: Over 10,001 S.F. Approximately-_L21 Locations = 50.........LY @$j 5-OO/L.F = L750.00 TOTAL ITEM 14: Furnish all materials, labor, and equipment to install pipe mounting pedestals (4), with equipment rail (3 feet x 3 feet), and flashing, 18 inches high. Approximately,-J15)_ @$L50.001EACH $11.2 0.00 TOTAL ITEM IS: Furnish all materials, labor, and equipment to install pitch pocket, for 6-inch diameter vertical element. Approximately.° @$175.001EACH $1.,750.00 TOTAL ITEM 16: Furnish all materials, labor, and equipment to install pipe or duct mounting roof pedestal, 18 gauge galvanized steel complete with flashing, 12-inches high. Approximately.---W- @$?75.001EACH $1-1-00-00 TOTAL ITEM 17: Fumish all materials, labor, and equipment to install roof penetration flashings, stainless steel 26 GA., with sealant cover, for vertical 6 inch diameter element, 9 inches high, umbrella type. Approximately: (10) --"20.001EACH $2.000.00 TOTAL ITEM 18: Furnish all materials, labor, and equipment to install 12 inches high, 3 feet wide x 3 feet long, roof equipment support curbs, 1Y2 inches thick 3 lbs., rigid insulation, 18 GA., Galvanized steel shell, base It and fully mitered 3 inches cant. Approximately , (10) --"L0._001EACH $4�500-00 TOTAL C-34(i) PROJECT 11926 ITEM 19: Furnish all materials, labor, and equipment to install rubber boot flashings for vertical round penetrations, typically vent stacks, 4-6 inches diameter, 8 inches high, complete with stainless steel clamps. Approximately: (10) --"L.001EACH $750.00 TOTAL ITEM 20: Furnish all materials, labor, and equipment to install 6 inches roof drain, standard dura-coated cast iron, steel inserts with strainer, and clamps (by Zurin, or approved equal). Approximately:—00 @$6110.001EACH $24.000.00 TOTAL ITEM 21: Furnish all materials, labor, and equipment to install expansion joint cover, without blocking. a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately,_L21 Locations = L'F @$32.00/L.F. $750.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 .F. - 10,000 S.F. Approximately.-_U2 Locations = L.F @ $12.00/L.F. $1 100-00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:_L21 Locations = 50 L'.F @$21.00/L.F. $120-0-00 TOTAL ITEM 22: Furnish all materials, labor, and equipment to install plumbing vent flashing, lead sleeve and coupling, installed 4 inch pipe. $1.125.00 Approximately: (15) / = TOTAL ITEM 23: Furnish ail materials, labor, and equipment to install 8 inches high x 16 inches wide metal scupper, (4) sided with integral drip strip and surface reglet flashing. A) 2u e Ivzed Steel Approximately:—aL @$120.001EACH UO-0.00 TOTAL B) 24 Gaqg2Jjit s I Approximately:--RW @$100.001EACH $12 000.00 TOTAL C-34(j) PROJECT 11926 ITEM 24: Furnish all materials, labor, and equipment to install 6 inches diameter leader. A) 24 Gauge Galvanized Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately.-_(2 1 Locations =--__25 L.F@$j0.001L.F. U50.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 1 S.F. Approximately._L21 Locations =—50 L.F @ $1.001L.F. $350.00 c) Large Roof Repair/Re placement Areas: TOTAL r1 1 S.F. Approximately.-_L2 1 Locations = 50 L.F @$1.001L.F. = 5-0-00 TOTAL B 24,,Gauge Stainless Steel a) Small Roof Repair Areas: 0 S.F. - 600 S.F. Approximately._L21 Locations = L. @$10-001L.F. = $-5-0-0.00 b) Medium Roof Repai r/Re placement areas. TOTAL 501 S.F. - 1 S.F. Approximately:_L2 Locations = 250 L.F @$j51001L.F. = $�3750-00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.-f2 Locations = 200 L.F @$1 6.001L.F. = 000-00 TOTAL C) Anodized Aluminum a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately._U2 Locations = L.F @$1 0.001L.F. = 250-00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 1 S.F. Approximately.,_L21 Locations = L. @$8.00/L.F. L400.00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.-L2 Locations = 50 L. @$§.001L.F. Q50-00 TOTAL C-34(k) PROJECT 11926 ITEM 25: Furnish all materials, labor, and equipment to install continuous 4 inch wide metal gutter system. A) 24 Gauge Galvanjzedl Steel a) Small Roof RepairAreas: 0 S.F. -500 S.F. Approximately.,_L21 Locations = L.F @ $3 A01L.F, = 76-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -1 S.F. Approximately. _ 21 Locations = L.F@$5.001L.F. $25 0.00 -_ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. _L2_Locations = 50 L. @$Z.00/L.F. = 60.00 TOTAL B) 24 Gauge Stainless Steel a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:_L21 Locations 120 L.F @$20.00/L.F. $2.400.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -1 S.F. Approximately. Locations Locations = 1.800 L.F@$9.00/L.F. $16 200-00 TOTAL c) Large Roof Repair/Replacement Areas: Over ,10,001 S.F. Approximately-_L21 Locations = 600 L.F @$9.00/L.F = &5400,00 TOTAL C) Anodized Aluminum a) Small Roof RepairAreas: Approximately. _ 21 Locations 2-�_L.F @$10.0 OIL.F. = 50-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 1 S.F. Approximately._U2 Locations = L. @$%001L.F, = 00.00 TOTAL c) Large Roof Repair/Replacement Areas: r1 1 S.F. Approximately.,_L21 Locations = 50 L.F@$L001L.F. U50.00 TOTAL C-34(l) PROJECT 11926 ITEM 26: The following time costs are for emergency work only as authorized by the City of Fort Lauderdale: A) §j�rviscr (Labor price should be included in your bid for items indicated) Regular Rate Approximately,- j200 Hours .001HOUR = $15U00-00 Overtime Rate TOTAL Approximately., 200 Hours @ $20 001HOUR TOTAL B) 499[ngymgn (Labor price should be included in your bid for items indicated) Regular Rate Approximately., ours @ 0. 0! = $3�5000.00 Overtime Rate TOTAL Approximately.- 200 Hours @ $70.001HOUR = $14 �000.00 TOTAL C) Roofer's Hel r (Labor price should be included in your bid for items indicated) Regular Rate Approximately. 0 Hours @ $15 001HOUR = $22�500.00 Overtime Rate TOTAL Approximately 200 Hours @ $AJ5 001HOUR TOTAL ITEM 27: Furnish all materials, labor, and equipment to install 60 Mil, Type 11, fabric reinforced Uniform EPDNI with a Class 'A' Rating. The membrane is to be mechanically fastened through the metal deck system (approved warranty method as manufactured by 'Carlisle Syntec' for existing warrantied system. a) Small Roof RepairAreas: 0 S.F. Approximately.-_L21 Locations 5-0-0 S.F @ $LQ01S.F. = $1,000.00 b) Medium Roof Repair/Replacement areas. TOTAL 200 S.F. -2,000 S.F. Approximately.-_L21 Locations = 1,500 S.F @$1.501S.F. = $2.,250-00 c) Large Roof Repair/Replacement Areas: TOTAL Over 2,000 S.F. Approximately.,_L2 Locations =-Z.QOOS.F@ $0 6/S.F. IL 1-11-5-00-00 TOTAL C-34(m) PROJECT 11926 IT 28: Furnish all materials, labor, and equipment to install 60 Mil, fabric reinforced Uniform TPO (Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / mechanically fastened system as manufactured by 'Carlisle Syntec for existing approved warrantied system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by 'Carlisle Syntec' or other manufacturer for existing warrantied system), a) Small Roof Repair Areas: 0 S.F. -500 S.F.. Approximately._L2 I Locations = 500 S.F@ $LOO/S.F. = 500.00 TOTAL b) Medium Roof Repair/Replacement areas. 500 S.F.—3,000 S.F. Approximately._L21 Locations = 3,500 S.F@ $2.60/S.F. = $8,750.00 TOTAL c) Large Roof Repair/Replacement Areas- Over 3,000 S.F. Approximately._L21 Locations = 3 000 S.F @$3.15 /S.F. $105,000.00 TOTAL IT 29: Furnish all materials, labor, and equipment to install Built Up Coal Tar Roofing system with membrane ply sheets as indicated. a) Small Roof Repair Areas: 0 S.F. - 500 S.F.. Approximately,,_ 2 Locations = 500,S.F@ $LOO/S.F. = 000.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. — 110,000 S.F. Approximately.*_L21 Locations = 501 S.F@$L00/S.F. = ,505.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,000 S.F. Approximately:_L21 Locations = 10 ,001 S.F@$3.00/S.F. $30.003-00 TOTAL ITEM 30: Furnish all materials, labor, and equipment for the replacement of deteriorated wood substrates. A) 5/8-inch CDX Plywood: a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately.-_L21 Locations = 9.500 S.F@$LOW&F. $4,500.00 TOTAL C-34(n) PROJECT 11926 Item 30 (continued) b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. _ 21 Locations =�2000 S.F @$1.001SF. $6�000.00 TOTAL B) 2-inches x 6-inches.T&G Wood (Fir): a) Small Roof Repair Area: 0 S.F. S.F. Approximately:_L21 Locations = 1.500 S.F @$10.001S.F. = 15.000.00 Curved Roof- (1) Location =j,5-QQS.F@$j0.001S.F, = TOTAL $-151-0-00-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. _L21 Locations =.2 000 S.F @$1.001S.F. = $16 �000.00 TOTAL Curved Roof- (1) Location = 2.5 0 S. @$8.00/S,F = $20,000.00 TOTAL ITEM 31- Furnish all materials, labor, and equipment to install the underlayment materials. A) 6 Mil Polye%ylene Sheet: a) Small Roof Repair Area: S.F. Approximately.-_U2 Locations = 1j00 S.F @$Pj§01S.F. = $750.)o b) Medium to Large Roof Repair Area TOTAL 601 S.F. and Up Approximately. _L21 Locations =.2 000 S. @$0.40/S,F = 00.00 TOTAL B) 30 Lbs. Feft saturategqrELanic. a) Small Roof Repair Area: S.F. Approximately.-_L21 Locations =-1,5-00 S.F @$j.601S.F. = &2250.00 b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately. _U2 Locations =.2 000 S. @$?.001SF, = $4.,000-00 TOTAL C-34(o) PROJECT 11926 It 31 (continued) C) Self-Adhering underlayment granular face sheet,__55 Mils.,fiberglass mat reinforced and SBS asphalt.- a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately.-_L21 Locations = I 500 F @$4.00/s.F. TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_ 21 Locations = 2,000 S.F @$ILO/S.F. = $M000-00 TOTAL D) Self-Adhering,.underlayment polyethylene sheet, 40 Mils slip resisting polylhene film. a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately-_L21 Locations =-jbQQ—$.F @ 5,001 .F. = $7,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately,_L21 Locations = 2,000 S.F @$4.50/S.F. = $%000.00 TOTAL E) Self-Adhering sheet underigyment, high teMR2rature sheet, 40 Mils, with slip resisting polyethylene top.Lurface laminated to SIBS modified asphalt adhesive: a) Small Roof Repair Area: 0 S.F. - 600 S.F. Approximately._L2 1 Locations = 1�500 S.F @$1.001S.F. = $�7 500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately._L21 Locations = 2,000 S.F @$L50/S.F = 9,000.00 TOTAL F) Slip,sheet building paper, 5 lbs.,/100 S.F., rosin sized a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_L21 Locations F @$2.501S.F. = 75000 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately-_L21 Locations = 2000 S.F @$2.26/S.F. = t500-00 TOTAL C-34(p) PROJECT 11926 ITEM 32: Furnish all materials, labor, and equipment to install pressure treated blocking. A) 2 x 4 a) Small Roof Repair Area: S.F. Approximately.-_L31 Locations =—I 00 L.F. 1L.F. = $-5-00—.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately.,_L21 Locations = 300 L.F. @$4.001L.F = $-1 200.00 TOTAL B 2x6 a) Small Roof Repair Area: Approximately.-_L31 Locations = 100 L.F. 1L.F. = $ 600.00 b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately.-_L21 Locations = 3Q L.F. @$5.001L.F. = $1,500,00 C) TOTAL a) Small Roof it Area: Approximately._L31 Locations = 1,00 L.F. @$10.001L.F. = 1 M0.00 TOTAL b) Medium to Large Roof Repair Area 601 S.F. and Up Approximately._L2 Locations =--100.-L F. @$8..qOIL.F. = ,400.00 TOTAL ITEM 33: Furnish all materials, labor, and equipment to install sheet metal flashings and trim. A) 24 Gauge Stainless Steel Flashinq—4-inch,Profile a) Small Roof Repair Area: Approxirnately.-_L21 Locations = 100L.F. @$10.001L.F. $�1000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately.*_U4 Locations = 3,800 L.F. @$3.00/L.F. = 11 400.00 TOTAL C-34(q) PROJECT 11926 ITEM 34: Furnish all materials, labor, and equipment to install metal gutter. A) 6-inch x 6-inch,24 Gauae Galvanized Steel Gufter a) Small Roof Repair Area: Approximately._,U2 Locations = 100 L.F. @$2L.00/L.P = .500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. _L21 Locations = 100 L.F. @$22.00/L.F = $2.000-00 TOTAL B) -inc x 6-inch S.S. 24:qAUSk-Gutter a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately._L2 I Locations = 1 QQ L.F. @$?5.0011-.F. 2500.00 Q_ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. _L31 LocationsL.F. @$.I 5-001L,F. = �500.00 ITEM 35: Furnish all materials, labor, and equipment to install rigid standard ridge vent, high density polypropylene or UV- stabilized plastic. a) Small Roof RepairArea: 0 S.F. -500 S.F. Approximately.,_U2 Locations = 100 L.F. @$j0.00/L.F $1,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately.,_L21 Locations = 100 L.F. @$1.00ILY, M-0-0-00 TOTAL ITEM 36: Furnish all materials, labor, and equipment to install glass fiber reinforced asphalt shingles, mineral-granular surfaced self- sealing. a) Small Roof Repair Area: Approximately. _L21 Locations = 500 ST @$3.50/S.F. = 1.,750.00 TOTAL C-34(r) PROJECT 11926 Item 36 (continued) b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately._L21 Locations =—I0-_00 S.F@ $2.50/S.F. $2..500.00 TOTAL ITEM 37: Furnish all materials, labor, and equipment to install 20 oz. Copper shingles 34-inches x 12-inches, 2 clips per panel. a) Small Roof Repair Area: ® Approximately.,_L21 Locations = too F @$10.001S.F. = ,000.00 TOTAL ITEM 38: Furnish all materials, labor, and equipment to install galvanized steel sheet, .0276 inch with siliconized polyester coating. A) Standing Seam a) Small Roof RepairArea: Approximately.-_L21 Locations = 500 SY @$.1 6-001S.F. $Z,503.00 TOTAL b) Medium to Large Roof Repair Area 601 S.F. and Up Approximately.-_L2 Locations = 501 S. @$1s.00/S.F. = ,515.00 TOTAL B) Batten Seam a) Small Roof RepairArea: Approximately._L21 Locations =-jL00 S. $j 0-001S.F. $5 .,000.00 TOTAL b) Medium to Large Roof RepairAre a 501 S.F. and Up Approximately.-_L21 Locations = 501 S.F@$8.001S.F. $4,008.00 TOTAL C-34(s) PROJECT 11926 ITEM 39: Furnish all materials, labor, and equipment to install aluminum sheet, coil coated alloy, .040 inch with siliconized polyester coating. A) Standing Seam a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately.-_L21 Locations = 500 S.F@$.I 0.001S.F. $�5000.00 TOTAL b) Medium to Large Roof Repair Area 601 S.F. and Up Approximately._L21 Locations F @$j7.001S.F. I'vX000'00 TOTAL B) Baften Seam a) Small Roof Repair Area: Approximately._U2 Locations = 500 S.F 1S.F. $2�500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately._L2 Locations =51f S.F /S.F. = $2..004.00 TOTAL C) Flat Seam b) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately.-_U2 Locations = 500 S.F@ $5.001SY, = �5WQQ TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approxima teiy.-_L21 Locations = 501 S.F 1S.F. $2-&)4.00 TOTAL D) Ridged MetalBuilding Roofing (Through Metal Building Manufacturerj c) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately.-_L21 Locations = 500 at F @$j 0.001S.F. $5.1-000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_L21 Locations = 501 S.F @$!L 001S.F. $4Q08.00 TOTAL C-34(t) PROJECT 11926 ITEM 40: Furnish all materials, labor, and equipment to install clay roof tile. A) Spanljt.�S" rile a) Small Roof Repair Area: S.F. Approximately:_L21 Locations = 5Q0 S.F @$§..0 01S.F, = �500.00 b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately:_L2 Locations =11L.0-00 S. $4.001SY. = ,000-00 TOTAL B) Barrel it a) Small Roof Repair Area: Approximately:_L21 Locations = 500 S.F @$10-001S.F. $-511-0-0--0.00 b) Medium to Large Roof Repair Area TOTAL 601 S.F. and Up Approximately. _L21 Locations = 1.000 S.F @$9.001S.F. $-9-1.0-00.00 ITEM 41. Furnish all materials, labor, and equipment to install 4" diameter leader. A) 24 Gauge Galvanized Steel a) Small Roof Repair Area: Approximately:_L21 Locations = 100 L.F. @ $L00/L'F = $400.00 b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately.,_L21 Locations = 501 L.F. @$§.001L.F. = $2,505.00 B) Anodized Aluminum TOTAL a) Small Roof Repair Area: 0 S.F. Approximately.,_L21 Locations =-JO.L.F. @$7.001L.F. = $700.00 b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately._L21 Locations = AQ-1 L F. @ $Z.00/L,F = $-3,507.00 TOTAL C-34(u) PROJECT 11926 It 41 (Continued) C) 24 Gauge Stainless Steel a) Small Roof RepairArea: 0 S.F. - 500 S.F. Approximately.-_21 Locations =_10 L F. @$L2.00/L.F. $1,200.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately.-_L21 Locations = 9.000L.F. @$11.001L.F. $11 000.00 TOTAL TOTAL ITEM 42: Furnish all materials, labor, and equipment to install concrete roof tile. A) Tile a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately-121 Locations = 1�500 S.F @$5.001S.F. = 7500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. (2) Locations = 2.000 S. $1.001S.F. = $E_000.00 TOTAL B) Flat Sh!ngle a) Small Roof Repair Area: 0 S.F. - 600 S.F. Approxim a tely.-_L2 Locations F @$4.00/S,F $6,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately-_L2 I Locations = 2,O00 S.F@$2.00/S.F. $6000,00 TOTAL ITEM 43: Supplies not listed or included elsewhere MAY be purchased under this contract on a strictly COST-PLUS arrangement only. Documentation of vendor cost must be provided with written (City) estimates. Provide percent markup. City staff estimates approximately $30,000 worth of this type of material will be required per year. $30,000 x %2,5_ $7,500.00 TOTAL C-34(v) PROJECT 11926 ITEM 44: Crane Rental ALLOWANCE — based upon receipts. ALLOWANCE $30.000.00 TOTAL ITEM 45: As a requirement by the manufacturer, annual inspections of all roof types are required in order to maintain each specific Roof Warranty. Warranty required by the City of Fort Lauderdale.is Minimum 20 year, no dollar limit. This requires documentation as outlined by the individual Manufacturer. Therefore, costs to maintain individual Warranties, regardless of roof type, shall be included among the hard costs. Furnish all materials, labor, and equipment to provide Roofing Warranty Inspections on a yearly basis as required by Manufacturer, all Roof types. Medium to Large Roof Inspection Area 1000 S.F. and Up. Approximately:_L6 Locations = 50,000 S.F @$2.1 01S.F. $5.000.00 TOTAL ITEM 46: Lighting protection allowance based on actual sub- contractor costs, no mark-up allowed ALLOWANCE 1 '000.00 ITEM 47: Rubberized elastomeric coating Form Flex 6000 or similar over existing roofs to include preparation of surface: cleaning, sanding and priming; to be installed as per manufacturer instructions. Approximately.1 10,000 SY @$?.75/S.F. $27.,500.00 TOTAL TOTAL BID: $19431,189.50 (FIGURES) One Million Nine Hundred Forty Three Thousand One Hundred Eighty Nine Dollars Fifty Cents (TOTAL WRITTEN DOLLAR AMOUNT) The City of Fort Lauderdale reserves the right to waive any informality or all bids. The City of Fort Lauderdale reserves the right to reduce or delete any of the above items. C-34(w) At time of award of contract the City reserves the right to seta maximum dollar limit that may be expended on this project. Contract quantities of any or all items may be increased, reduced, or eliminated to adjust the contract amount to coincide with the amount of work necessary or to bring the contract value to within the established limit. All quantities are estimated and the City reserves the right to increase, reduce, or eliminate the contract quantities in any amount. The undersigned bidder affirms that he has or will obtain all equipment necessary to complete the work described, that he has or will obtain all required permits and licenses from the appropriate agencies, and that his firm is authorized to do business in the to of Florida. CONTRACT TIME 1.1 The Contractor recognizes that TIME IS OF THE ESSENCE. The Work shall commence within 30 calendar days of the date of the Notice to Proceed. 1.2 The Work shall be Substantially Completed within N/A calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. 1.3 The Work shall be finally completed on the Final Completion Date and ready for final payment in accordance with this Agreement within NIA calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. 1.4 The initial contract term shall commence upon date of award by the City, and shall expire 1 year from that date. The City reserves the right toextend the contract for 3 , additional 1 year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. 1.5 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. Rev. 7/10/2013 C-34(x) IN WITNESSi ue caused this Agreement to be executed as follows: CONTRACTOR: WITNESSES: Advanced ofing, Inc. (St ature) arnCua lul,�.r-� By: {W to s pr t/tffnarne) (Signature) (Si ture) (Print Name and Title) (Witness print/type name) (Corporate Seal) Attest: vs� By � (Signature) (Print/type name) CITY: City of Fort Lauderdale, a municipal corporation of the State of Florida By: , U",) LEE FELDMAN, City Manager (Corporate Se I) ATTEST: By- L1- C Q-- /<. JONDA K. JOSEPH ity CIVL APPROVED AS TO FORM: B : r. Assistan ity Atto ney C-35 ACKNOWLEDGEMENT OF CONTRACTOR STATE OF. COUNTY OF: The foregoing instrument was acknowledged before me this -D day of Fe-bD�.- , 20—Lq— j and 14&Ff% as •C-e and k vc-I&: respectively, Of ----------Aet, -, a corporation, on behalf of the corporation, who isz personally known to me or E]has produced as identification. (SEAL) "ary `ublic, State o orl`da �� (Signature of Notary taking Acknowledgement) r DEBRU GLUAN L w W MMIMM I EE&M EMPIRES:March 14,2017 Name of 1"Wftwl A=i4, kii"iiiiibmped My Commission Expires: 5S' SU Commission Number C-36 SURETY BOND IN COMPLIANCE WITH AND INCORPORATING THE PROVISIONS OF SECTION 255-05, FLORIDA STATUTES THIS IS A SURETY BOND given by the"Contractor" as principal, referred to in this Bond as "Contractor and-G,11,,iii�i:,,ii,i�,!,,:Iiiii�i, ��Jif! A 111ndli-Amebra!;111 I ISA as'Surety," and they represent by this instrument that they are bound to the 61-T—Y OF FORT LAUDERDALE, a municipal corporation of the State of Florida ('City"), in the sum of S11,143,169,50 One Million, Nine HunAred Forty-Three Thousand, One Hundred and Eighty-Nine Dollars and Fift Cents for the payment of which, to be made to the City of Fort Lauderdale, Florida, they jointly severally, bind themselves and each of their heirs, executors, administrators, successors and assigns. Owner Name: CITY OF FORT LAUDERDALE a municipal corporation of the State of Florida Owner Address and Telephone: City Hall, Public Works Department 100 N. Andrews Avenue Fort Lauderdale, Florida 33301 (9 54) 828-5772 on No.: 80107043 Contractor Name, Address,Telephone: Advanced Roofing, Inc. 1850NW 22" Street Fort Lauderdale, FU3_331_J_______� (954) 522-6868 Surety Company, Address,Telephone Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield, MI 48076 248-281-0281 City Project No.: 11926 Name of Project: Annual Roofing Repair and Replacement City-Wide Project Location: Various locations within the City of Fort Lauderdale Legal Description and Street Address ....................... Description of Work The work includes repairs to City owned buildings associated with roofing, re-roofing and roof repair components for various locations within the City of Fort Lauderdale All items are based on a complete systems i.e. 4-ply SBS modified bitumen system(granular cap sheet). All installations shall meet all State of Florida requirements and Milami-Dade Notice of Acceptance (NOA) for high velocity. Please also refer to the typical Detail Drawings sections of this package. Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. small repair jobs from 0 to 600 square feet(s.r), medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S F. All proposal line items shall include maintenance, insurance, overhead, and other fixed costs. All Bidders shall have a State of Florida Roofing and General Contractors licenses.Contractor to be Lightning Protection Certified and maintain an in-house Safety Officer. "Contractor is bound by an instrument in writing dated the 18th day of EtLruaM, 2014, by which Contractor has contracted with the City of Fort Lauderdale, Florida, to furnish labor, tools, and materials for the Project referenced and described above, together with all work incidental thereto, as fully set out in the plans, specifications and details on file in the Office of the City Engineer of the City. S13-1 255.05 Bond Form,Rev. 10/21/05 Notice required by Section 255.05(6), Florida Statutes: "This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes.' The condition of the above obligation is such that if the above bound 'Contractor,n or its successor or assigns shall in good faith and in good, sufflicient, substantial and workmanlike manner, perform the work and comply with the conditions of the contract, including payment of penalties, in strict accordance with the terms and provisions stipulated in it and shall indemnify and hold harmless the City against and for payments of any and all damages that may happen to persons or property by reason of excavations, embankments, obstructions and all other work in streets, allays or places in connection with the work, or arising out of any act, neglect or omission of the OContractorR or its agents, servants, or employees with relation to the work, and shall indemnify and hold harmless the City against and from all suits and acts of every nature and description arising out of any claims by patentees of any process connected with the work agreed to be performed under the contract, or of any materials used upon the work, and pay all costs accruing if the contract is cancelled and a new contract for finishing the work is let, and all other expenses lawfully chargeable to the "Contractor," then this agreement shall be null and void', otherwise it is to remain in full for and effect, but it is expressly provided, understood and agreed that if the 'Contractor' or its subcontractors fail to duly and promptly pay for any labor, material, or other supplies used by 'Contractor' or any of its subcontractors in the performance of the work to be done, or the Contractor defaults in its Contract with the City, the 'Surety' will promptly pay to all claimants, as defined in Section 255.05(1), Florida Statutes, the same in an amount not exceeding the sum specified in this bond, together with interest at the rate of fifteen percent (15%) per annum, and the Surety hereby stipulates and agrees that no change, extension, reduction, alteration or addition to the terms of the contract or the plans, details and specifications shall in any way affect the obligations of this bond. Whenever Contractor shall be, and is declared by the City to be in default under the contract, the City may proceed to cancel the contract and award a new contract for finishing the work or order the Surety to promptly remedy the default by obtaining a bid or bids for completing the contract in accordance with the original contract terms and conditions. Upon the determination by the City of the lowest responsible bidder, the Surety shall complete all work and pay the full cost of completion, less previous payments. This Bond is effective for one (1) year after completion and acceptance of the work,with liability equal to 25% of the contract price, and is so conditioned that the"Contractor"will, at its own expense, correct any defecdve or faulty work or material which appears within one (1) year after completion of the work and final payment, upon notification by the City. iN WITNESS WHEREOF, thea ve"Contractor` has signed this Agreement, and the"Surety' has used this Agreement to be signed in its name by its Attorney-in-Fact, and its corporate seal affixed, this 27th day of February _, 2014. Signed, sealed and delivered in the presence of, CONTRA 0 Advanced Roofing,Inc. (SEAL) Signa ) itnessture P. KOrnahrens, President s)Sign, Yat zana Cruz (SEAL) ;(Witness) Print Name Print Name and Title SURETY- Guarantee C mpany of North America USA (SEAL) fitness) Signature Local Agent William Griffin Claudette Alexander Hunt,Attorney-in-Fact (SEAL) (Witness) Print Name Print Name and Title S B-2 255 05 Bond Form,Rev 1 DQ1105 9 POWER OF THE GUARANTEE COMPANY OF NORTH AMERICA USA ATTORNEY Southfield,Michigan KNOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Claudette Alexander Hunt,Caroline Kristin L.amarre,J'oserh Michael Pledrongelo Aon Risk Services,Inc.of Rorida its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instruments)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes,as If the same had been duly eitecuted and by its regularly elected officers at the principal office. We,THE GUARANTEE COMPANY OF NORTH AMERICA USA,duly auftorked to do business under the laws of Florida,having heretofore executed a performance and payment bond for the Contractor covering the oonftd described above, hereby consent to the State of Florida Department of Transportation making full payment of the final estimate,including the retained percentage,to the Contractor, It is fully understood that consenting to the State of Florida Oepartment of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. The Power of Attomey is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Lam adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31'day of december,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and aut horitT. 1. To appoint Attomey(s)-n fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company oto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,and 2. To revoke,at any time,any such Attomey-in-fact and revoke the authority given,except as pruvided below 3. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomeyin-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner Department of Highways of the Cammonweaffh of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attamey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31�'day of December 2003,of which the following is a true excerpt. RESOLVED that the signature of any authorized offieff and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond,undertaking,contracts of indemnity and other writings obligatory in the nature thereof,and such signature and seal when so used shall have the same forms and effect as though manually affixed. oe IN WITNESS WHEREOF,THE GU E COMPANY OF NORTH AMERICA USA has loused this Instrument to be signed and its corporate seal to be affixed by its authorized officer,this 15th day of November,2011. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C.Rusdtak,Vice President Randall Musselman,Secimiary County of Oakland On this 15th day of November,2011 before me came the individuals who executed the preceding instrument,to me personalty known,and being by me duly swim,said that each Is the herein described and authorized officer of The Guarantee Company of North America USA;that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature Frere duly affixed by order of the Board of Directors of Cynthia A Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee !Votary PuhfiC State afk1kftarr Company of North America USA offices the day and year above written. County of Oakland _ My Commission Expires February 27,2012 Aclfng in Oakland County f,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby COMfy that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which Is still in full force and effect. IN WITNESS WHEREOF,f have thereunto set my hand and attached the seal of said Company lh j�day of Randall Musselman,Secietary CERTIFICATE OF LIABILITY INSURANCE DATE(Y D/YYYY) 3/27/2014 __ F THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT EE THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsaent(s). PRODUCER CO Frank H. Furman, Inc. PHONE {954)943-5050 FAX IAI 49541943-5417 1314 East Atlantic Blvd. L SANDX@furmaninsurance.com. MOREM P. O. BOX 1927 INSURERS AFFORDING COVERAGE MAIC# Pompano Beach FL 33061 INSURERA:First Mercuzy Insurance Cc 10657 INSURED INSURERE-U S Fire Insurance Company (ug) 21113 Advanced Roofing Inc; Advanced Leasing Inc INSURERC- erican Guarantee and 26247 1950 N W 22 St INSURER 0JBrid efield Employers Ina Ca 10701 INSURERE-Continental Casualty Co 20443 Ft Lauderdale FL 33311 INSURERF: COVERAGES CERTIFICATE NUMBER:APR 2014 A REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR TYPE OF INSURANCE POLICY EFF POLICY EXP T POLICY NUMBER Y ITS GENERAL LIABILITY EACH OCCURRENCE S 11000,000 X COMMERCIAL GENERAL LIABILITY I r i 50,ODD A CLAIMS E Fx�OCCUR X MXCGL000004116501 /1/2014 /1/2015 MED W( ) $ 51000 X $7KIL Per Proj Agg Contractual Liability & PERSONAL&ADV INJURY S 1,000,000 X Contractual & XCD road Form FD Damage 11 LGENERALAGWLEGATE $ 21000,000 GENLAGGREGATELIMrTAPPLIES PER: CU Liability Included PRODUCTS-COMPIOP AGG S 2,000,000 POLICY JX a LOC ; AUTOMOBILE V LITY = IN MIT 1 Do Or 000 B X ANY AUTO BODILY INJURY(Pm ) 3 ALLOWNEO SCHEDULED7 33734692 /1/2014 /1/2019 AUTOS AUTOS X BODILY INJURY(Pw. 'ent) S X HIRED AUTOS NON-OWNED C PERTY E _ X AUTO few 109MAI N -Pry Dm s X UMBRELLA OCCUR DC930367412 EACH XURRENCE S 10,000,000 C EXCESS LIAB CWMS-MADE is ezceaa of all RELATE S 14,000,000 DED X RETENTnN zero X overage incl WC /1/2014 /1/2019 s KERS COMPENSATION X WC STA AND OTx- AHD EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNEWEXECUTiVE E.LEACH ACCl1 NT s 1 004,000 OFFICERR�AEMBER EXCLUDED7 N I A (Mandatory in NMI 83037231 /1/2014000/1/2016 EL.DISEASE-EA EMPLOYE i 11000,000 Ityas d ueW� E,L.DISEASE-POLICYLIMIT S 1 ODO, _D .S OF OPERATIONS below I ll INSTA.LLATION FLOATER 016260407 /1/2014 /1/2015 Any Ona J $2,000,000 5% WIND/HAIL DED$1000.AOP Any on®oceWrenca $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 401,Addittonal Remarks Schedule,If mon space Is required) Project: Annual Roof Repairs and Replacement City-Wide; Bid #243-11292; Project No. 11926 The City of Fort Lauderdale is named as Additional insured as required by written contract with respect to General Liability, Automobile Liability and Excess Liability policies. The coverage afforded the Additional Insured is primary and non-contributory. Waiver Of Subrogation as required by written contract in favor of the City of Fort Lauderdale applies to General Liability, Automobile Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Lauderdale ACCORDANCE WITH THE POLICY PROVISIONS. c/o Project Manager 100 N. Andrews Avenue AUTHORIZED REPRESENTATIVE Fort Lauderdale, FL 33301 Dirk Dejong/C9 d2__d'_AC? � ACORD 25(2010105) p 1986-2010 ACORD CORPORATION. All rights reserved. INS025ontm ins -rho am r1 n7mo and Innn aro,ranicOArnrl marlra of ar•n n City of Fort Lauderdale®Procurement Services Division 100 N.Andrews Avenue, 619 a Fort Lauderdale, Florida 33301 95"28-5933 Fax 954-828-5576 purchaslauderdale.gov ADDENDUM NO. 1 ITB 243-11292 Project 11926 AnnualRoofing Repair and Replacement City Wide ISSUED 12/16/13 1 This addendum is being 'Issued to make the following change: The bid opening date has been changed to: January 8, 2014 All other terms, conditions, and specifications remain unchanged. Mr. James Hemphill Sr. Procurement Specialist I Company Name: Advanced ol fang, Inc. !�+ lease print) Bidder's Signature: Daniel Stokes i VAce President Date: December 16, 2013 City of Fort Lauderdale e Procurement Services Division 100 N.Andrews Avenue, 619 9 Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 gurchafie0fortlauderdale.gov. ADDENDUM NO. 2 ITB 243-11292 Project 11926 Annual Roofing Repair and Replacement City Wide ISSUED 1/7114 1. This addendum is being issued to make the following change: The bid opening date has been changed to: January 15, 2014 All other terms, conditions, and specifications remain unchanged. Mr. James Hemphill Sr. Procurement Specialist Company Name: Advanced Ro�f,14 Inc. lease print) Bidder's Signature: V �?, 6'aniel Stokes,Vice President Date: January 7, 2014 ity of Foot Lau *Procurement Services Division 100 N.Andrews Avenue,819 a Fort Lauderdale, Florida 33301 954-828-5933 Fax 95"28-5576 adg!Jd@1!§l0LQ0V ITB 243-11292 PROJECT 11926 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY WIDE ADDENDUM NUMBER 3 January 1 , 21 The Pollg Addendum is hereby made a part of the Plans and Specifications and shall be included with all contract documents: AcknovAedge receipt of this Addendum by inserting its number and date an Page P-3 of the Proposal. Changes are in bold. 1. REPLACE: Replace Pricing Pages P-1 thru P-1(u)with the attached P-1-A3 through P-1(v)-A3 attached to and made a part of this addendum. 2. ADD: The follovAng paragraph to the INSTRUCTIONS TO BIDDER section of the specification under the RESERVATION fOR AWARD AND REJECTION OF BIDS secfion: The City reserves the right to award MuMple contmcts for this project if it is deemed to be in the best interest of the City. 3. REPLACE: Section 011000 - Summary of Work, Secdon 011000 — Summary of Work, Addendum 3. All other terms, conditions, and specifications remain unchanged. Mr. James Hemphill Senior Procurement Specialist Company Name: Advanced �ofing, Inc. BiddeesSignature: d (please print) Date: January 10,2014 Daniel Stokes,Vice�President City of Fort Lauderdale-Procurement Services Division 100 N.Andrews Avenue, 619 a Fort Lauderdale, Florida 33301 954-828-5933 Fax 954-828-5576 purch =art I qderdal&_qov ADDENDUM NO. 4 ITB 243-11292 Project 11926 AnnualRoofing Repair and Replacement City Wide ISSUED 1/13/14 1. This addendum is being issued to make the following co rre ction/clariri cation: Addendum #3 inadvertently left off the Contract time from the pricing pages. This addendum is to correct that and to inform that the contract time will remain the same as indicated on the original pricing page document (and as indicated in ARTICLE 5 of the draft contract document). The following is to be added to addendum #3 page P-11(v)-A-3 and made a part of the specifications: CONTRACT TIME 1.1 The Contractor recognizes that TIME IS OF THE ESSENCE. The Work shall commence within 30 calendar days of the date of the Notice to Proceed. 1.2 The Work shall be Substantially Completed within calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. NIA 1.3 The Work shall be finally completed on the Final Completion Date and ready for final payment in accordance with this Agreement within _ calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. WA 1.4 The initial contract to shall commence upon date of award by the City, and shall expire I year from that date. The City reserves the right toextend the contract for 3 , additional I year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. 1.5 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. L. City of Fort Lauderdale a Procurement Services Division 100 N.Andrews Avenue,619 @ Fort Lauderdale, Florida 33301 964-828-5933 Fax 954-828-5576 pur_QhaseftO!jIerdale.ggv All other torms. conditions, and specifications remain unchanged. Mr. James Hemphill Sr. Procurement Specialist Company Name: AdvaLn�ced4Rooftn , nc. ase print) Bidders Signature: it Dan Stokes, Vice President Date: January 13,2014 CITY OF FORT LAUDERDALE CONTRACTAND SPECIFICATIONS PACKAGE BID # 243-11292 PROJECT NO. 11926 AkMAL ROOFING REPAIR AND REPLACEMENT CITY -WIDE FORT �'4V a � F IP w r Public Works Department 100 North Andrews Avenue Fort Lauderdale, Florida IRINA TOKAR, RA, LEED AP SENIOR JAMES ILL SENIORI I Telephone: ( ) 828-5143; E-mail: ihemphill@Lortlauderdale.gov !ABLE OF CONTENTS DESCRIPTION ELqe I. BID INFORMATION Invitationto Bid ....................... ..................................................................................... ITB-1 Instructionto Bidders............................................................................... ........IB-1 thru 113-5 Insurance.....................................................................................................INS-1 thru INS- 1 1. IL PROPOSALPAGES Proposal ............................................................. ..........................................:....P-1 thru P-3 QuestionnaireSheet.............................................................. ............................P-4 thru P-5 Ill. CONTRACTOR IDENTIFICATION Local Business Preference .............. ........................................................LBP-1 thru L Minority Business Enterprise......................................................... .......... MBE-1 thru MBE-2 Non-Collusion Statement................................. ..........I............................................... NCS-1 IV. CONSTRUCTION AGREEMENT (SAMPLE) .................................................. C_J thru C-36 V. GENERAL CONDITIONS.......................... ........... ...................... ...............GC-1 thru GC-9 VI. SPECIFICATIONS DIVISION 01 GENERAL SPECIFICATIONS 011000 Summary of Work .................................................................... 3 012200 Unit Prices 1 012600 ContractModification Procedures............................................. 3 012900 Payment Procedures................................................................ 4 013100 Project Management & Coordination........................................ 6 013200 Construction Progress Documentation..................................... 4 013300 Submittal Procedures 6 015000 Temporary Facilities & Utilities ................................................ 3 016000 Product Requirements.............................................................. 5 017700 Closeout Procedures & Submittals................................ 4 DIVISION 02 EXISTING CONDITIONS 024119 SelectiveDemolition 4 028200 Asbestos Remediation............................. 3 TOCA DIVISION 07 THERMAL & MOISTURE PROTECTION 073113 Asphalt Shingles..................... ................................................. 5 073213 Clay Roof Tiles......................................................................... 6 073216 Concrete Roof Tiles..................... 5 075116 Built-Up Coal Tar Roofing......................................................... 7 075200 Modified Bituminous Roofing.................................................... 13 075323 EPDM - Ethylene-Propylene-Diene-Monomer Roofing............. 5 075400 TO -Thermoplastic Membrane Roofing .................................. 6 076100 Sheet Metal Roofing................................................................. 9 DRAWING DETAIL SHEETS— L SLOPE ROOFS R-1 Roof Edge Detail without Fascia R-2 Roof Edge Detail with Fascia R-3 Roof Edge Detail at Overhang R-4 Insulation to Roof beck Detail R-5 Flashing Detail at Wall or Column R-6 Gutter Detail at Roof Overhang R-7 Parapet Detail with Metal Coping R-13 Parapet Detail at Expansion Joint R-9 Roof Expansion Joint Detail -10 Roof Hatch Detail R-11 Exhaust Fan or Roof Vent Detail R-12 Roof Curb at Package A/C Detail =13 Roof Opening Enclosure Detail R-14 Roof Deck Opening Cover Detail -15 Roof Equipment Stand Detail R-11 6 Pipe or Duct Pedestal Detail R-17 Plumbing Roof Vent Detail R-18 Connected Roof Penetration Detail =19 Disconnected Roof Penetration Detail R-20 Roof Drain Detail R-21 Roof Scupper Detail R-22 Roof Edge Detail without Fascia (EPDM or TPO) R-23 Roof Edge Detail with Fascia (EPDM or TPO) R-24 Roof Edge Detail at Overhang (EPDM or TPO) R-25 Insulation to Roof Deck Detail (EPDM or TPO) R-26 Flashing Detail at Wall or Column (EPDM or TPO) R-27 Mechanical Termination Detail (EPDM or TPO) R-28 Parapet Detail with Metal Coping (EPDM or TPO) R-29 Parapet Detail at Expansion Joint(EPDM or TPO) R-30 Roof Expansion Joint Detail (EPDM or TPO) R-31 Roof Hatch Detail (EPDM or TPO) R-32 Exhaust Fan or Roof Vent Detail (EPDM or TPO) R-33 Roof Membrane Splice Detail (EPDM or TPO) R-34 Roof Opening Enclosure Detail (EPDM or TPO) R-35 Typical Roof Deck Opening Cover Detail (EPDM or TPO) R-36' Roof Equipment Stand Detail (EPDM or TPO) R-37 Pipe or Duct Mounting Roof Pedestal Detail (EPDM or TPO) R-38 Plumbing Roof Vent Detail (EPDM or TPO) R-39 Roof Penetration Detail (EPDM or TPO) R-40 TO Sealant Pocket Detail (EPDM or TPO) TOC-2 R-41 Roof Drain Detail (EPDM or TPO) R-42 Roof Scupper Detail (EPDM or TPO) DRAWING DETAIL SHEETS—STEEP SLOPE ROOFS S-1 Standing Seam Metal Roof—Wood Fascia Detail S-2 Standing Seam Metal Roof—Edge Detail S-3 Standing Seam Metal Roof—Ridge Detail S-4 Standing Seam Metal Roof—Seam Detail S-5 Concrete Roof Tile— Ridge Detail S-6 Concrete Roof Tile—Edge Detail S-7 Asphalt/Shingle Roof—Edge Detail S-8 Asphalt/Shingle Roof—Ridge Detail S-9 Asphalt/Shingle Roof—Vent Detail S-10 Asphalt/Shingle Roof— Plumbing Roof Vent Detail TOC-3 INVITATION TO BID Sealed bids will be received until 2:00 P.M. on WEDNESDAY, DECEMBER 18, 2013, in the Public Works Department, City Hall, 100 North Andrews Avenue, 4th Floor, City of Fort Lauderdale, Florida and opened immediately thereafter in the Conference Room, for Bid No. 243-11292, PROJECT NO. 11926 ANNUAL ROOFINO REPAIR AND REPLACEMENT CITY-WIDE. This project consists of the project booklet and Detailed Drawings Sections. The work includes repairs to City owned buildings associated with roofing, re-roofing and roof repair components for various locations within the City of Fort Lauderdale All items are based on a complete systems i.e. 4-ply SBS modified bitumen system (granular cap sheet). All installations shall meet all State of Florida requirements and Miami-Dade Notice of Acceptance (NOA) for high velocity. Please also refer to the typical Detail Drawings sections of this package. Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. Small repair jobs from 0 to 500 square feet (S.F.), medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S.F. All proposal line items shall include maintenance, insurance, overhead, and other fixed costs. All Bidders shall have a State of Florida Roofing and General Contractors licenses. Contractor to be Lightning Protection Certified and maintain an in-house Safety Officer., Bidding blanks may be obtained free of charge at BIDSYNC.COM or hard copies may be picked up at the Public Works Department. Plans and specifications are on file in the Public Works Department, City of Fort Lauderdale at 100 North Andrews Avenue, 4h floor, (Monday thru Friday 8:00 am to 4:30 pm) ata NON-REFUNDABLE cost of$25.00 (including sales tax per set). Only cash or cashier's check made payable to the City of Fort Lauderdale are accepted. Plans and specifications are also available on a CD.diskette ata NON-REFUNDABLE cost of$5.00 (including sales tax per CD). It will be the sole responsibility of the bidder to clearly mark the bid as such, and ensure that his bid reaches the City prior to the bid opening date and time listed. A certified check, cashier's check, bank officer's check or bid bond for TEN percent (10%) of the amount bid, made payable to the City of Fort Lauderdale, Florida, shall accompany each proposal. The City of Fort Lauderdale reserves the right to waive any informality in any or all and to reject any or all bids. For information concerning technical specifications please utilize the question/answer feature provided by BidSync at www.bidsync.com. Questions of a material nature must be received prior to the cut-off date specified in the solicitation. Material changes, if any, to the 'scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of BidSync Site). Contractors please note: No part of your bid can be submitted 4ia FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a bid will be considered evidence that the Contractor has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire bid response must be submitted in accordance with all specifications contained in this solicitation. Information on bid results and projects currently out to bid can be obtained on the City's website — LA�.fo�rtlaude�rdale.�ov/en einee�dn /blds.htm,. For general inquiries -please call (954) 828-5143. Jonda K. Joseph City Clerk ITB-1 IN$TRUCTIONSTBIDDERS The following instructions are given for the purpose of guiding bidders in properly preparing their bids or proposals. These directions have equal force and weight with the specifications and strict compliance is required with all of these provisions. QUALIFICATIONS OF BIDDERS — No proposal will be accepted from, nor will any contract be awarded to, any person who is in arrears to the CITY OF FORT LAUDERDALE, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to the City, or who is deemed irresponsible or unreliable by the City Commission of Fort Lauderdale. PERSONAL INVESTIGATION - Bidders,shall satisfy themselves by personal investigation, and by such other means as they may think necessary or desirable, as to the conditions affecting the proposed work and the cost. No information derived from maps, plans, specifications, or from the Engineer, City Manager, or their assistants shall relieve the Contractor from any risk or from fulfilling all terms of the contract. INCONSISTENCIES — Any seeming inconsistency between different provisions of the plans, specifications, proposal or contract, or any point requiring explanation must be inquired into by the bidder, in writing, at least ten (10) days prior to the time set for opening proposals. After proposals are opened, the bidders shall abide by the decision of the Engineer as to such interpretation. ADDENDA AND INTERPRETATIONS - No interpretations of the meaning of the plans, specifications or other contract documents will be made orally to any bidder. Prospective bidders must request such interpretation in writing as instructed in the bid package. To be considered, such request must be received by the Questions and Answers deadline as indicated in BIDSYNC.COM. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. It is the bidder's responsibility to vedifTif addendums have been issued in BIDSYNC.COM. Failure of any bidder to receive any such addenda or interpretation shall not relieve any bidder from any obligation under his bid as submitted. All addenda so issued shall become a part-of the contract document Bidder shall verify'in BIDSYNC.COMthat he has all addenda before submitting a bid. LEGAL CONDITIONS - Bidders are notified to familiarize themselves with the provisions of the laws of the State of Florida relating to hours of labor on municipal work, and with the provisions of the laws of the State of Florida and the Charter and the ordinances of the City of Fort Lauderdale. PUBLIC ENTITY..CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may no# submit bids on leases of.real propertyto a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, land may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY IWO for a period of 36 months from the date of being placed on the convicted vendor list. FORMS OF PROPOSALS - Each proposal and its accompanying statements must be made on the blanks provided. THE FORMS MUST BE SUBMITTED 1N GOOD ORDER AND WITH ALL BLANKS COMPLETED. The forms must be enclosed in a sealed envelope when submitted to the Public Works Department, City Hall, 4th Floor, 100 North Andrews Avenue, Fort Lauderdale, Florida 33301 and must show the name of the bidder and a statement as to its contents. Rev. 5/10/2013 113-1 INSTRUCTIONS TO BIDDERS (continued) FORMS OF PROEgaALLCTIN ) - The proposal must be signed by one duly authorized to do so, and in case signed by a deputy or subordinate, the principal's properly written authority to such deputy or subordinate must accompany the proposal. No proposal will be accepted, for any reason whatsoever, which is not submitted to the Office of the City Engineer as stated above, within the specified time. IU - Contractor shall provide and shall require all of its sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Props rty Insurance (Builder's Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers' Compensation Insurance, Employer's Liability Insurance, and Umbrella 1 Excess Liability, as stated below. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon whom service of process may be madein the State of Florida. I - A certified check, cashier's check or bank officers check, for the sum set forth in the advertisement, made payable to the City of Fort Lauderdale, Florida, or bid bond in such amount, shall accompany each proposal as evidence of the good faith and responsibility of the bidder. The check or bond shall be retained by the City as liquidated damages should the bidder refuse to or fail to enter into a contract for the execution of the work embraced in this proposal, in the event the proposal of the bidder is accepted. Retention of such amount shall not be construedas a penalty or forfeiture. The above bond or check shall be a guarantee that the bidder will, if necessary, promptly execute satisfactory contract and furnish good and sufficient bonds. As soon as a satisfactory contract has been executed and the bonds furnished and accepted, the check or bond accompanying the proposal of the successful bidder will be returned to him. The certified or other checks or bid bons of the unsuccessful bidders will be returned to them upon the acceptance of the bid of the successful bidder. If the successful bidder shall not enter into, execute, and deliver such a contract and furnish the required bonds within ten (10) days after receiving notice to do so, the certified or other check or bid bond shall immediately become the property of the City of Fort Lauderdale as liquidated damages. Retention of such amount shall not be construed as a penalty or forfeiture. FILLING IN BIDS - All prices must be written in the proposal and also stated in figures, and all proposals must fully cover all items for which proposals are asked and no other. Bidders are required to state the names and places of residence of all persons interested, and if no other person is interested, the bidder shall distinctly state such fact and shall state that the proposal is, in all respects, fair and without collusion or fraud. Where more than one person is interested, it is required that all persons interested or their legal representative make all verification and subscribe to the proposal. ICSDeduct any discount offered and quote firm net ori ' s. Give bothunit price and extended total. In the case of a discrepancyin computing the amount,of the bid, the unit price quoted will govem. All prices quoted shall beF.O.B. destination, freight ptepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be bidseparately. No attempt shall be made to tie any item or its ms contained in the ITB with any other business with the City. BIDS FIRM, FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that his bid and the prices quoted in his bid will be firm for acceptance by the Cityfor a period of one hundred and twenty (120) days from the date of bid opening unless otherwise stated in the ITB. CAUSES FOR REJECTION - No proposal will be canvassed, considered or accepted which, in the opinion of the City Commission, is informal or unbalanced, or contains inadequate or unreasonable prices for any items® each item must carry its own proportion of the cost as nearly as is practicable. Revised 8/7/2013 1 - INSTRUCTIONS TO BIDDERS (continued) Any alteration, erasure, intedineation, or failure to specify i s for all items called for in the schedule shall render the proposal informal. REJECTION OF BIDS - The City reserves the right to reject any bid if the evidence submitted by the bidder, or if the investigation of such bidder, fails to satisfy the City that such bidder is properly qualified to carry out the obligations and to complete the work contemplated. Any or all proposals will be rejected, if there is reason to believe that collusion exists among bidders. A proposal will be considered irregular and may be rejected, if it shows serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. The City reserves the right to reject any or all proposals and to waive such technical errors as may be deemed best for the interests of the City. ID PROTEST PROCEDURE: Any proposer or bidder who is not recommended for award of a contract and who alleges a failure by the City to follow the City's procurement ordinance or any applicable law may protest to the Procurement Division — Deputy Director of Finance, by delivering a letter of protest within five (5) days after a Notice of Intent to award is posted on the City's website at the following link: ht�:llwww.fortiauderdale.govfenaineerinal ids. tm. The complete protest ordinance may be. found on the City's website at the following link. http://www.fottlauderdale.g2v/2urchasiLg�/ rote for inn .odf WITHDRAWALS - Any bidder may, without prejudice to himself, withdraw his proposal at any time prior to the expiration of the time during which proposals may be submitted. Such request for withdrawal must be in writing and signed in the same manner and by the same person who signed the proposal. After expiration of the period for receiving proposals, no proposal can be withdrawn, modified, or explained. CONTRACT - The bidder to whom award is made shall execute a written contract to do the work and maintain the same in good repair until final acceptance by the proper authorities, and shall fumish good and sufficient bonds as specified within ten (10) days after receiving such contract for execution. If the bidder to whom the first award is made fails to enter into a contract as provided, the award may be annulled and the contract let to the next lowest bidder who is reliable, responsible, and responsive in the opinion of the City Commission, and that bidder shall fulfill every stipulation and obligation as if such bidder were the original party to whom award was made. The contract shall provide that the Contractor agrees to correct any defective or faulty work or material, which may appear within one (1) year after completion of the work and receipt of final payment. ENFORCE F SPECIFICATIONS - Copies of theecifi tions will be placed in the hands of all the assistants to the Engineer and Inspectors employed on the work, who shall enforce each and every requirement of the contract. Such assistants shall have np authority to' vary from such requirements. PIS OF PLANSA IIAI S - Copies of the specifications, details, contract and bonds are on file in the Public Works Department, City Hall, 4th Floor, 100 N. Andrews Avenue, Fort Lauderdale, Florida 33301. SURE N -The successful bidder shall furnish a performance and payment bond in compliance with Section 255.05, Florida Statutes, written by a Corporate Surety company, holding aifi to of Authority from the Secretary of the Treasury of the United States as acceptable sureties on federal bonds, in an amount equal to the total amount payable by the terms of the contract, executed and issued by a Resident Agent licensed by and having an office in the State of Florida, representing such Corporate Surety, conditioned for the due and faithful performance of the work, and providing in Rev. 7/10/2013 1 -3 INSTRUCTIONS TO BIDDERS (continued) addition to all other conditions, that if the Contractor, or his or its subcontractors, fail to duly pay for any labor, materials, or other supplies used or consumed by such Contractor, or his or its subcontractor or subcontractors, in performance of the work contracted to be done, the Surety will pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the rate of 15% per annum, and that they shall indemnify and save harmless the City of Fort Lauderdale to the extent of any and all payments in connection with carrying out of the contract, which the City may be required to make under the law. The Contractor is required at all times to have a valid surety bond in force covering the work being performed. A failure to have such bond in force at any time shall constitute a default on the part of the Contractor. A bond written by a surety, which becomes disqualified to do business in the State of Florida, shall automatically constitute a failure on the part of the Contractor to meet the above requirements. Such bond shall continue in effect for one (1) year after completion and acceptance of the work with liability equal to at least 25% of contract price, or an additional bond shall be conditioned that the Contractor will correct any defective or faulty o or material which appear within one (1) year after completion of the contract, upon notification by the City, except in contracts which are concerned solely with demolition work, in which cases 25% liability will not be applicable. AUDIT OF CONTRACTOR'S RECO - Upon execution of the Contract, the City reserves the right to conduct any necessary audit of the Contractors records. Such an audit, or audits, may b conducted by the City or its representatives at any time prior to final payment, or thereafter, for period up to three O years. The City may also require submittal of the records from either the Contractor, the Subcontractor, or both. For the purpose of this Section, records shall include all books of account, supporting documents and papers deemed necessary by the City to assure compliance with the contract provisions. Failure of the Contractor or Subcontractor to comply with these requirements may result in disqualification or suspension from bidding for future contracts or disapproval as a Subcontractor at the option of the City. The Contractor shall assure that each of its Subcontractors will provide'access to its records pertaining to the protect upon request by the City. PERIODIC ESTIMATE FOR PARTIAL PAY - After the Contractor has submitted a periodic estimate for partial payment, approved and certified by the Office of the City Engineer, the City shall make payment in the manner provided in the Contract Documents and in accordance with Florida's Prompt Payment Act, Section 218, Florida Statutes. RESERVATION FOR AWARD AND REJECTION OF BIDS - The Cill reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The tity also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the to s, conditions, and specifications of the ITB and whose bid is considered to best serve the 's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when li bl : the ability', capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference, the character, integrity, reputation, judgment, experience and efficiency of the Bidder, the quality of past performance y theBidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability 113-4 INSURANCE REQUIREMENTS 10.1 Insurance 1.1 Contractor shall provide and shall require all of its sub-contractors to provide, pay for, and maintain in force at all times during the term of the Agreement, such insurance, including Property Insurance (Builder's Risk), Commercial General Liability Insurance, Business Automobile Liability Insurance, Workers' Compensation Insurance, Employer's Liability Insurance, and Umbrella/Excess Liability, as stated below. Such policy or policies shall be issued by companies authorized to do business in the State of Florida and having agents upon who service of process may be made in the State of Florida. A. The City is required to be named as additional insured on the Commercial General Liability insurance policy. BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Contractor. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for the work contemplated in this Agreement shall be deemed unacceptable, and shall be considered a breach of contract. B. The Contractor shall provide the City an original Certificate of Insurance for policies required by Article 10. All certificates shall state that the City shall be given ten (10) days' notice prior to expiration or cancellation of the policy. The insurance provided shall be endorsed oramended to comply.with this notice requirement. In the event that the insurer is unable to accommodate, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested and addressed to the Finance Department. Such policies shall: (1) name the insurance company or companies affording coverage acceptable to the City, (2) state the effective and expiration dates of the policies, (3) include special endorsements where necessary. Such Policies provided under Article 10 shall not be affected by any other policy of insurance, which the City may carry in its own name. I C. Contractor shall as a condition precedent of this Agreement, furnish to the City of Fort Lauderdale, c/o Project Manager, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, Certificate(s) of Insurance upon execution of this Agreement, which indicate that insurance coverage has been obtained which is the requirements as outlined below: 1.2 Property Insurance full!d!!egfrs_Risk): The Contractor all purchase and maintain property insurance upon the Work at oro the site of 100% of the Rev. 7110/2013 INS-1 contract completed value. These policies shall insure the interest of the owner, contractor and subcontractors in the Work, and shall insure against "all risks" of physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage. All such insurance required by this paragraph shall remain in effect until the Work is completed and accepted by the City. 1.3 Commercial General Liabllitv A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit Each Occurrence $1,000,000 Project Aggregate $1,000,000 General Aggregate $2,000,000 Personal Injury $1,000,000 Prod ucts/Co m pleted Operations $1,000,600 B. Endorsements Required: . City of Fort Lauderdale included as an Additional Insured Broad Form Contractual Liability Waiver of Subrogation Premises/Operations Prod u cts/Co mpleted Operations Independent Contractors Owners and Contractors Protective Liability Contractors Pollution Liability 1.4 Business Automobile Ligh!IL A. Limits of Liability: Bodily Injury and Property Damage - Combined Single Limit All Autos used in completing the contract Including Hired, Borrowed or Non-Owned Autos Any One Accident $1,000,000 B. -Endorsements Required: Waiver of Subrogation 1.5 Workers' Compensation and Employers Liabilily..Insgrance Limits: Workers' Compensation — Per Florida Statute 440 Employers' Liability - $500,000 Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers' Compensation insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Law. Contractor must be in compliance with all. applicable State and Federal workers' compensation laws, including the U.S. Longshore Harbor Workers' Act or Jones Act. Revised 7110/13 1NS-2 1brella/Excess Lia ty1tL_ The Contractor shall provide umbrella/excess coverage with limits of no less than $2,000,000 excess of Commercial General Liability, Automobile Liability and Employees Liability. 1.7 All insurance Policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Contractor's insurance must be provided by an A.M. Best's "A-" rated or better insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the City's is Manager. Any exclusions or provisions in the insurance maintained by the Contractor that precludes coverage for work contemplated in this project shall be deemed unacceptable, and shall be considered breach of contract. NOTE: CITY PROJECT NUMBER MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Contractor of their liability and obligation under this section or under any other section of this Agreement. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the Project. If insurance certificates are scheduled to expire during the contractual period, the. Contractor shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates that cover the ® r al period, the City shall: A. Suspend the Agreement until such time as the new or renewe' d certificates are received by the City. B. The City may, at its sole discretion, terminate the Agreement for cause and seek damages from the Contractor in conjunction with the violation of the terms and conditions oft Agreement. Rev, 7/10/2013 INS-3 PROPOSAL Bid#243-11292 PROJECT 11926 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE ADDENDUM THREE TO THE COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA Gentlemen: The undersigned bidder agrees to fumish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Fort Lauderdale, Florida, through its proper officers, and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Fort Lauderdale, which are referred to below and made a part hereof, at the following unit prices, to-wit: The following unit prices are associated with roofing, re-roofing and roof repair components. The City may choose different contractors for various complete low slope re-roofing or roofing repair projects. To be considered for these projects, please be comprehensive in filling out the items involved below. All items are based on a complete systems i.e. 4-ply SBS modified bitumen system (granular cap sheet). All installations shall meet all State of Florida requirements and Miami-Dade Notice of Acceptance ( OA) for high velocity. Please also refer to the typical Detail Drawings sections of this package. Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. Small repair jobs from 0 to 500 square feet (S.F.), medium size roofing jobs 501 to 10,000 S.F., and large roofing jobs over 10,001 S.F. An approximate quantity is also provided and the "unit price' and total blanks to be completed by Bidder. All proposal line Items shall include maintenance, insurance, overhead, and other fixed costs. All Bidders shall have a State of Florida Roofing and General Contractor's licenses. Contractor to be Lightening Protection Certified and maintain an in-house Safety Officer. Please complete the following: Base bid shall include: ROOF MANUFACTURER'S NAME: GAF ROOF BRAND NAME: GAF 20/30 FR&60 Mil TO INSULATION MANUFACTURER'S NAME: GAF INSULATION NAME: Isotherm, Stratavent, &Flee back ROOFING SYSTEM WARRANTY & PERIOD: 20 Year No Dollar Limit(N.D.L) Additional 5 Year Warranty offered with Manufacturer's Maintenance Program P-1-A3 PROPOSAL (continued) PROJECT 11926 ITEM 1: A) Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material in a licensed asbestos abatement Contractor. Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This allowance is to reimburse the Contractor for the actual cost incurred from asbestos abatement and it does not include any incidental costs. The proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. ALLOWANCE $ TOTAL B) ALLOWANCE for its. Contractor markup and overhead is disallowed. Payment shall be based on actual bonafide receipts, ALLOWANCE$ TOTAL ITEM 2: Furnish all materials, labor, and equipment for existing roof tear-off, including existing insulation board, down to substrate. This Rem also includes all disposal costs. a) Small Roof Repair Areas: Approximately._ 21 Locations =--b9k S. @$_5.00 IS.F. =$ 2,500.00 TOTAL b) Medium Roof Repair/Repla cement areas. 501 S.F. - 10,000 S.F. Approximately._L4j Locations =—ZLM S.F@$j.W 1S.F. =121Q2Q.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.-_ 21 Locations = 62,000 S.F@$_1.00 1S.F. =$!52.00,00 TOTAL ITEM 3: Furnish all materials, labor, and equipment to install approved iso-the rm or polylsocyanu rate rigid insulation board tapered, based on 11/2 inches thickness, fully attached to substrate. A) Mooved In: a) Small Roof RepairAreas: -1( )- 3 PROPOSAL (continued) PROJECT 11926 Item 3 (continued) Approximately.,-L21 Locations = S.F @$_3.5_Q__/S.F. 1.750.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately.,-L41 Locations =-2AW S.F @$_2..501S.F. =LLp000.00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately._L& Locations =-U= S.F @$_2.50 _® .F. = 155,000.00 B) Mechanipfly attached: TOTAL a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.,_L21 Locations =--OL S.F @$ 5.00 IS.F. =$2,500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately.,14 1 Locations =2=0 S.F @$_L.50 IS.F. =tLo,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately._(21 Locations = S.F @$_2-50 IS.F. TOTAL ITEM 4: Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2-ply base flashing, anchor sheet, with vent sheet, without insulation. a) Small Roof Repair Areas: 0 S.F. - 500 S.K. Approximately.,-L21 Locations =—JQQ S.F @$_L000 ._1S.F. =L5�,000.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F.- 10,000 S.F. Approximately.-_L2J Locations = WL S.F @$e�.50 �/S.F.�1.25�2-50 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.,_21 Locations = S.F @$1.00 IS.F, =S30.003.00 TOTAL -1(b)- 3 PROPOSAL (continued) PROJECT 11926 ITEM 5: Fumish all materials, labor, and equipment to install 4 ply modified bitumen system, wfth 2-ply base flashing, anchor sheet,without vent sheet (uninsulated applications). A) Mopped In: a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately.-_L21 Locations =--Wk S. $_8.00 IS.F. =t4,000.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately._U4 Locations =--2LM S.F@$_2.00 IS.F. TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.,_L21 Locations =-62,W S.F@$3.00 ISY. TOTAL B) Mechanicily aftache a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately.,_L21 Locations =— 500 S.F@$�8-00 Is.F. .00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately.-_ 21 Locations =-L&M S.F@$_2.00 IS.F. =$_15.000-00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.,_U2 Locations =2.5,M S. $_3.00 IS.F. =S 75,000.00 TOTAL C) Aluminum Roof Coating (For[2j[t2j:[Vy[jy for black roof's stems (S16Min.) (Such as 'Apoch' Premium Rubberized Aluminum Roof Coating) b) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.,_L21 Locations = S.F@$ 10.00 S.F. = -5,000.00 b) Medium Roof Re pair/Rep lace rn ent areas. TOTAL 501 S.F. - 10,000 S.F. Approximately.--L21 Locations =-Z,5QkS.F @$-1:20-1S.F. �.00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.--L21 Locations =-2=0 S.F@$_0-50 TOTAL P-1(c)-A3 PROPOSAL (continued) PROJECT 11926 ITEM 6: Furnish all materials, labor, and equipment to install approved cants, 11/2 inches thickness by 3% inches wide. a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.,_ 21 Locations &F. 500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.- 10,000 S.F.L Approximately.- L41 Locations =-ZSAQ-L.F @$_0-50 /L.,F. 3,500.00 TOTAL c) Large Roof RepairlReplacement Areas: Over 10,001 S.F. L Approximately._L21 Locations =_2QD_,�.F @$_2.00 ILY. 400.00 TOTAL ITEM 7: Furnish all materials, labor, and equipment to install flexible, non-metallic flashings, 18 inches wide. a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately.-_L21 Locations F @$_?.0.00 IL.F. 500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.- 10,000 S.F. Approximately.-_L21 Locations = ,F @$20,00 IL.F. 1,800.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.-J2 Locations =-.2-0 L.F @$2.Q&L_IL,F. 4,000.00 TOTAL ITEM 8: Furnish all materials, labor, and equipment to install built-up roof repair/replacement, including pea gravel protection. a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately._L11 Location 200 S.F @$_10-00 IS.F. $2.000.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.- 15,000 S.F. Approximately._L11 Location =_6fiQ_S.F @$_j.00 IS.F. = $600.00 TOTAL IT 9: Furnish all materials, labor, and equipment to install built-up roof pea gravel. a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.-_L11 Location = 200 S.F @$_10.00 ISY. $2,000.00 TOTAL P-I(d)-A3 PROPOSAL(continued) PROJECT 11926 Item 9 (continued) b) Medium Roof Repair/Replacement areas. 501 S.F.- 15,000 S.F. Approximately._L11 Location = S.F @$_1.00 1S.F. $§20.00 TOTAL ITEM 10: Furnish all materials, labor, and equipment to install wall sheet metal flashing, 24 gauge stainless steel, 8 inches wide. a) Small Roof Repair Areas: 0 . -5 .F. Approximately.-_L21 Locations = L. @$_10.00 IL.F. = $1,00).00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately._L41 Locations =,%Ago L.F @$_2.00 1L.F. $27,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.,-L21 Locations =-29jQ-L.F @$10.00 ILY. $2,000.00 TOTAL ITEM II: Furnish all materials, labor, and equipment to install continuous 4-Inches metal drip edge. A) 24 Gauge Galvanized Steel a) Small Roof Repair Areas: Approximately._ 21 Locations =---25 L.F @$18.20 1 . . $450.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately:-L21 Locations = JaX 1L.F. TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.,_L21 Locations = _10.00 ILY. TOTAL B) 24 Gauge Stainless Steel a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.,-L21 Locations = L.F @$_5.00 ILY. = &2gLO.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 1 , .F. Approximately.,-L21 Locations =-&59kL.F @$_.5.00 ILY. = 17 500.00 TOTAL P-I(e)-A3 PROPOSAL (continued) PROJECT 11926 Item 11 (continued) C) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.,-21 Locations = F10.00 10.00 $ 3,000.00 C) Co er TOTAL a) Small Roof Repair Areas: 0 S.F.- 500 S.F. APProximately.,121 Locations =--- -L,F@$1.5-001L.F. S875.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately.-Qj Locations =--J9-L.F@$10.00 �&.F. = $500.00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.,-L21 Locations =--W--L.F @$_12.00 &F. = $600.00 D) Aluminum f0TAL a) Small Roof Repair Areas: 0 S.F. .500 S.F. APProximately.--Q Locations =--2A-L.F .5.001L.F $125.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 OTAL501 S.F. - 10,000 S.F. APPrOxlmatelY-7-1-21 Locations = F@$_L.Oo �&F = 250.00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.,-U2 Locations = F @$&M_&F. = $ 250.00 TOTAL LT E-M1 2: Furnish all materials, labor, and equipment to install wall counter flashing 24 gauge stainless steel, surface mounted with springlock reglet and 24 gauge stainless steel flashing, 6- inches vertical. a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.- L& Locations =--2,§-L-F@$_L0.00 1L.F. = 500.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately.--L21 Locations =-ASKLY@$_5-00 &F. TOTAL P-1(1)-A3 PROPOSAL (continued) PROJECT 11926 Item 12 (continued) C) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.,-U2 Locations = F @ $300CLO TOTAL IT 1 : Furnish all materials, labor, and equipment to install metal coping cap, snap-lok system, 8-inches wide. A) 24 Gange inniu.m...a tel a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately.-L21 Locations =--2,5-L.F @ 750 00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately.,_L21 Locations = F @$ADM_/L.F. c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately._.L21 Locations =_Ig_LF @$_12&0 L.F. $520.00 B) 24 GaugaStainless Q+--1 TOTAL a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.-L21 Locations =-- -L.F @$.25.00 1L.F. ZE5.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately.--L21 Locations =AQ9kL.F @ c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approxirnately.--L& Locations =-20-Q-L.F @$10.00 1L.F. = UgQ.00 TOTAL C) Aluminum with n- US—L. a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately._L21 Locations = F @ TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately.--Qj Locations =--fiQ-L.F @$�15.00 &F. Z750.00 TOTAL P-I(f)-M PROPOSAL (continued) PROJECT 11926 Item 13 (continued) c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.-_L21 Locations =-12-LF @$j 5.00 ILY. $750.00 TOTAL ITEM 14: Furnish all materials, labor, and equipment to install pipe mounting pedestals (4), with equipment rail (3 feet x 3 feet), and flashing, 18 inches high. Approximately:-4M @$-750,00 1EACH S11.250.00 TOTAL ITEM IS: Furnish all materials, labor, and equipment to install pitch pocket. for 6-inch diameter vertical element. Approximately:-4M @$-17_5-00 1EACH S1.750.00 TOTAL ITEM 16: Furnish all materials, labor, and equipment to install pipe or duct mounting roof pedestal, 18 gauge galvanized steel complete with flashing, 12-inches high. Approximately:--(4- @$.275-00 1EACH t1.121-00 TOTAL ITEM 17: Fumish all materials, labor, and equipment to install roof penetration flashings, stainless steel 26 GA., with sealant cover, for vertical 6 inch diameter element, 9 inches high, umbrella type. Approximately: (1 0) --W_goo.00 1EACH $2,000.00 TOTAL ITEM 18: Furnish all materials, labor, and equipment to install 12 inches high, 3 feet wide x 3 feet long, roof equipment support curbs, V/2 inches thick 3 lbs., rigid insulation, 18 GA., Galvanized steel shell, base plate and fully mitered 3 inches cant. Approximately: (10) -jg'j$_45QgD_/EACH S,4,500.00 TOTAL P-I(g)-A3 PROPOSAL (continued) PROJECT 11926 IT M,19: Furnish all materials, labor, and equipment to install rubber boot flashings for vertical round penetrations, typically vent stacks, 4-6 inches diameter, 8 inches high, complete with stainless steel clamps. Approximately: (10) .00 1EACH TOTAL LT_EM20: Furnish all materials, labor, and equipment to install 6 inches roof in, standard du at cast iron, steel inserts vWth strainer, and clamps (by Zurin, or approved equal). Approximately:_00 @$.600.0024 000.00 / EACH TOTAL LTEM 21: Furnish all materials, labor, and equipment to install expansion joint cover, hout blocking. a) Small Roof Repair Areas: 0 .F. -5 . Approximately.,_ 2 Locations 2,5—L.F @$_2o� .00 1L.F. $750.00 b) Medium Roof Repair/Repla cement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately:12 1 Locations F @$12.00 �&F. t1 120.00. c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately-L21 Locations =--U—L.F .20.00 &.F. $1,000.00 TOTAL ITEM 22: Furnish all materials, labor, and equipment to install Plumbing vent flashing, lead sleeve and coupling, installed 4 inch pipe. Approximately: (15) @$-7-5.00 /E4CH 1125.00 TOTAL ITEM 23: Furnish all materials, labor, and equipment to install 8 inches high x 16 inches wide metal scupper, (4) sided with integral drip strip and surface reglet flashing. A) 24 Gaugaalv i 6 el Approximately:-42�_ @$_100.00 1200.00 EACH TOTAL B) 24 Gannot Ahnlnhneq 06--1 Approximately:-44.W @$�30000 / 12 000.00 EACH TOTAL P-I(h)-A3 PROPOSAL (continued) PROJECT 11926 ITEM 24: Furnish all materials, labor, and equipment to install 6 inches diameter leader. A) 24 Gau Galvanized Steel a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.,-L21 Locations =---2,�L.F @$_10-00 1L.F. U§Q.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately.,_ 2 Locations = .00 1L.F. $350.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately., 21 Locations =--N-L.F @$.Loo j2ao.00 TOTAL B) 24 Gauge Stainless Steel a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.,_L21 Locations =---25--L-F@$_L0.00 1L.Y. 500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately.,_21 Locations =--2.%-L.F @$_15.00 ILY. $3,750.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.,_L21 Locations = 2,0 F @$_15-00 ILY. $3,000.00 TOTAL C) Anodized Aluminum a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately._L21 Locations F @$10.00 1L.F. $250.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately.12 Locations = F @$_LOO 1L.F. J12000 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately.,_L21 Locations =-59_LF @$_5.00 IL.F. $250.00 TOTAL P-I(i)-A3 PROPOSAL(continued) PROJECT 11926 ITEM 25: Furnish all materials, labor, and equipment to install continuous 4 inch wide metal gutter system. A) 24,Gause Galvanized Steel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately:-Qj Locations =---21L.F @$_L00 ILY. 75.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F.- 10,000 S.F. Approximately.-_L21 Locations = L.F 5.00 1L.F. .00 c) Large Roof Repa ir/Re place m ent Areas: TOTAL Over 10,001 S.F. Approximately._L2 Locations =--ffik-L.F @$1.00 1L.F. TOTAL B) 24 Gauge Stainless tel a) Small Roof Repair Areas: 0 S.F. - 500 S.F. Approximately._L21 Locations = j2g L.F @$10.00 1L.F. =$2,400.00 b) Medium Roof Repair/Replacement areas, TOTAL 501 S.F. - 10,000 S.F. Approximately.,_L21 Locations =-1,6Q0 L.F @$�Loo &F, = t16,200.00 c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.-_L21 Locations =-600-L.F @$1.00 L.F. = t5 400,00 TOTAL C) Anodized&uminum a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately._L21 Locations = F @$_10.00 1L.F. = t250,00 b) Medium Roof Repair/Replacement areas. TOTAL 501 S.F. - 10,000 S.F. Approximately.*-L21 Locations =--MU.F @$.L00 1L.F. c) Large Roof Repair/Replacement Areas: TOTAL Over 10,001 S.F. Approximately.12 Locations = So L F @$.5.00 1L.F. t250.00 TOTAL P-1 @-A3 PROPOSAL (continued) PROJECT 11926 1TEM-26: The following time costs are for emergency work only as authorized by the City of Fort Lauderdale: A) aV29-IYLIs-0r(Labor Price should be included in your bid for items indicated) Regular Rate Approximately:5W Hours @ $30 00 IHOUR 15,000,00 Overtime Rate TOT—AL— Approximately.-20 Hours @ $30. 00 IHOUR $5,000.00 TOTAL 8) 4Q9M9YM§Ln (Labor price should be included in your bid for items indicated) Regular Rate APProximately. fQ Hours @ $1D�K_IHOU'R $35,000.00 Overtime Rate TOT L APProximately. 20 Hours @ $IUIHOUR 14 0. oo TOTAL C) (Labor price should be included in your bid for items indicated) Regular Rate Approximately 5M Hours @ $45�0 0 IHOUI? $22,50Q,00 Overtime Rate TOTAL Approximately. 20 Hours @ $45,00 �IHOUR 13 9 000.00 TOTAL IT 27: Furnish all materials, labor, and equipment to install 60 Mil, Type 11, fabric reinforced Uniform EPDM with a Class 'A' Rating. The membrane is to be mechanically fastened through the metal deck system (approved warranty method as manufactured by 'Carlisle Syntec' for existing warrantied system. a) Small Roof Repair Areas: 0 S.F. -200 S.F.. Approximately.-_L21 Locations =--j5O-S.F @$2.00 / .F. 1 000.00 b) Medium Roof Repair/Replacement areas. TOTAL 200 S.F.-2,000 S.F. Approximately.,- 2 Locations =-L-Ok S.F @$1.50 �IS-F = 2 250.0 C) Large Roof Repair/Replacement Areas: TOTAL Over 2,000 S.F. Approximately.-L21 Locations =290-S.F 0.75 TOTAL P-I(k)-A3 PROPOSAL (continued) PROJECT 11926 LTEM 28: Furnish all materials, labor, and equipment to install 60 Mil, fabric reinforced Uniform TPO (Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / mechanically fastened system as manufactured by 'Carlisle Syntec for existing approved warrantled system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by 'Carlisle Syntec' or other manufacturer for existing warrantied system). a) Small Roof Repair Areas: Approximately:-L21 Locations =--Uk S.F@$_§.00 IS.F. = b) Medium Roof Repair/Replacement areas. TOTAL 500 .-3, . . Approximately.,-j21 Locations = S.F@$_2.50 IS.F. =$B_ZQ� ,00 c) Large Roof Repair/Replacement Areas: TOTAL Over 3,000 S.F. Approximately.,-L21 Locations =JAM SY @$.3.5o IS-F. TOTAL ITEM 29: Furnish all materials, labor, and equipmerit to install Built Up Coal Tar Roofing system with membrane ply sheets as indicated. a) Small Roof Repali-Areas: 0 S.F. -500 S.F.. Approximately.- Qj Locations = .F @$&ML—I&F, $4 000.00 b) Medium Roof Repair/Replacement areas. TOTAL 501 .F.- S.F. Approximately.-L21 Locations =--Aff-S.F @$I.00 IS.F. TOTAL c) Large Roof Repair/Replacement Areas: Over 10,000 S.F. Approximately._Q1 Locations =-fDM S. $.2.00 IS.F. q2q&22:g0 � TOTAL ITEM 30: Furnish all materials, labor, and equipment for the replacement of deteriorated wood substrates. A) 5/8-ln2I o � a) Small Roof Repair Area: 0 . - 5 .F. Approximately:- 21 Locations =-LMkS.F @$1.00 1S.F. = Sj§go.00 TOTAL P-1(1)-A3 PROPOSAL (continued) PROJECT 11926 Item 30 (continued) b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately._L21 Locations =-2,QflD$,F @$_2.00 I&F. = S6'000.00 TOTAL B) 2-Inches x&-inches T G Wood (Fljr : Li s T& a) Small Roof Repair Area: 0 S.F. -500 SY, Approximately._L21 Locations = F @$10.00 IS.F. TOTAL Curved Roof., (1) Location =-L59k$.F@$10.00 F. = "l 000,00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately._L21 Locations =-2,QO-$.F @$31Q_IS.F. = $ 16.000.00 TOTAL Curved Roof- (1) Location =2,QD-$.F @$_!L.00 1S.F. = S20&2000 TOTAL ITEM 31: Furnish all materials, labor, and equipment to install the underlayment materials. A) 6 Mil Polyethylene Sheet: a) Small Roof Repair Area: Approximately.,-L& Locations =-jjW-U.F @$_Q.50 IS.F. = $750,00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately._L21 Locations = -F @$-Q-4Q_/S.F. = $.800.00 TOTAL B) 30 Lbs. Felft saturated,organic: a) Small Roof Repair Area: S.F. Approximately.,_L21 Locations = Y @$11L IS.F. = S2,25).00 b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately._L21 Locations = _L.00 1S.F. = tILQ�.00 TOTAL P-1O-A3 PROPOSAL (continued) PROJECT 11926 Item 31 (continued) C) ent,.granular face sheet 55 Mils fiber lass Mat raWnre-ad--and SBS asphalt: a) Small Roof Repair Area: 0 S.F.-500 S.F. Approximately._ 21 Locations =JWD-S.F @$_�Loo Is.F. = .00�� b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately._L21 Locations =2=".F @$Iu& /S. . = E1000-00 TOTAL D Self-&dhednq underlayment PolYgt—h-Alene sheet. 40 WIS. 1 Ul resistin ._pplylhene film, a) Small Roof Repair Area: 0 S.F.-500 S.F. Approximately.-12 1 Locations =-LbflD-$.F @$_5-00 IS.F. = $L5�-00 b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately:_U2 Locations =-Z&W-$.F @$4.50 IS.F. = .00 TOTAL E) Self-AdheEing- sheet underlayment, high tempera ure etlt lane to surface laminated to SRS modifiedesisting pol a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately._L21 Locations =JUQ Y @$5.00 I&F. = $2jgQgL_ b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately.,_21 Locations = F @$,4.g IS.F. TOTAL F) lap sheet building 12aper, 5 lbs /100 SF =LL.0 rosin sized a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately._L21 Locations =-L2K-$.F @ b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately._L21 Locations =-2,09LSY @$_Q2 .5_1S.F. = t500.00 TOTAL P-1(n)-A3 PROPOSAL (continued) PROJECT 11926 ITEM 32: Fumish all materials, labor, and equipment to install pressure treated blocking. A) 2x4 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately._L31 Locations = F. @$_5.00 1L.F. = $500-09 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_ 21 Locations = F. @$4J00 1L.F. = $1,200.00 TOTAL B) 2 x 6 a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately._L31 Locations = F. @$_6,00 ILY. = TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately.,_L21 Locations =-20 L F. @$,5-00 1L.F. = $1,500.00 TOTAL C) 2 x 8 a) Small Roof Repair Area: 0 S.F. .500 S.F. Approximately.,_Q Locations =—JD-0-1 F. @$_10.00 1L.F. = $1,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately.,_L21 Locations = _LOO 1L.F. = $2,400.00 TOTAL ITEM 33. Furnish all materials, labor, and equipment to install sheet metal flashings and trim. A) 24 Gauge Stainless Steel Flashing —4-Inch Profile a) Small Roof Repair Area: 0 . -5 .F. Approximately.-_ 2 Locations = F. @$_10-00 ILY. = $1,000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately.,-L41 Locations L.F. @$1.00 /L.F. =$11,400.00 TOTAL -1(o)-A3 PROPOSAL (continued) PROJECT 11926 ITEM 34: Furnish all materials, labor, and equipment to install metal gutter. A) 6-inch x 6-Inch 24 GaMge,Ga Ivan Ized Steel Gutter a) Small Roof Repair Area: Approximately.,_L21 Locations = 15.00 1L.F. = S2,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_L21 Locations = 100 L F. @$2LQQ_/L.F. = $2,000.00 TOTAL B) 6-Inch x 6-Inch S.S. 24-Gauge Gutter a) Small Roof RepairArea: Approximately._L21 Locations =--tW L F. @$_25.00 1L.F. = 2,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately._L31 Locations = 3.500 . . @$j 5,00 1L.F. $52,500.00 ITEM 36: Furnish all materials, labor, and equipment to install rigid standard ridge vent, high density polypropylene or UV- stabilized plastic. a) all Roof Repair Area: 0 S.F. - 500 S.F. Approximately:_L21 Locations = I QQ L F. @$_10.00 ILY. 1,000.00 TOTAL b) Medium to Large Roof RepairArea 501 S.F. and Up. Approximately.,_L21 Locations = 1.00 ILY. SW9.QQ_ TOTAL TEM 36: Furnish all materials, labor, and equipment to install glass fiber reinforced asphalt shingles, mineral-granular surfaced seff- sealing. a) Small Roof Repair Area: o S.F. - 50o S.F. Approximately.,_L21 Locations =—WIA F @$1.5o IS.F. $1,750.00 TOTAL -1 )-A3 PROPOSAL (continued) PROJECT 11926 Item 36 (continued) b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately._L21 Locations =JAW-$.F @$1.60 IS.F. S2500.00 TOTAL ITEM 37: Furnish all materials, labor, and equipment to install 20 oz. Copper shingles 34-inches x 12-inches, 2 clips per panel. a) Small Roof Repair Area: 0 S.F. -500 S.F.- Approximately._ 21 Locations =—jj2U.F @$_30.00 IS.F. TOTAL ITEM 38: Furnish all materials, labor, and equipment to install galvanized steel sheet, .0276 inch with siliconized polyester coating. A) Standing Seam a) Small Roof RepairArea: Approximately.,_L21 Locations =-39jUF @$JbAQ—IS.F, S.7,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately.,_L21 Locations =_ 15.00 IS.F. TOTAL B Batten Seam a) Small Roof Repair Area: Approximately.,_L21 Locations = 00 S.F@$10.00 IS.F. = 5,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately._L21 Locations =-AQI_SF @$,§.00 IS.F. J4228.00 TOTAL -I(q)- PROPOSAL(continued) PROJECT 11926 ITEM 39: Furnish all materials, labor, and equipment to install aluminum sheet, coil coated alloy, .040 inch with siliconized polyester coating. A) Itanding Seam a) Small Roof Repair Area: 0 S.F.-500 S.F. Approximately-'-L21 Locations =_fiQk_&F @$10.00 IS.F. = 5,000.00 b) Medium to Large Roof Repair Area TOTAL 601 . . n Up Approximately.-L21 Locations =2,QQQ§.F @$_17.00 IS.F. TOTAL B Batten Seam a) Small Roof Repair Area: S.F. Approximately:_L21 Locations =- F @$.5.00 IS.F. b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately-_L21 Locations =-WJ3,F @$_Loo IS.F. 12,004.00 C Flat Seam TOTAL b) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_U2 Locations =-5jQ-LF @$_5.00 IS.F. b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately._L21 Locations =_5QLBF @$. .00 IS.F. TOTAL D Ridged MaltaalLB§ugflg[ag_R22Lng_L[hrough Metalull dl Manufacturer) ! n c) Small Roof RepairArea: 0 S.F. -500 S.F. Approximately:_L2J Locations =-=S.F @$LO.00 / .F. b) Medium to Large Roof Repair Area TOTAL 501 S.F. and Up Approximately._L21 Locations =-5Qj_U @$_§.00 IS.F. = LI.,008.00 TOTAL P-1{r)-A3 PROPOSAL (continued) PROJECT 11926 ITEM 40: Furnish all materials, labor, and equipment to install clay roof tile. A) Svanish "S'.' Tile a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately.-_U2 Locations =-499-U @$-LOO IS-F. t2,500.0 �� TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_f2j Locations =jQPfl_S.F @$.4.00 ISY. = 4,000.00 TOTAL B) Barrel '"le a) Small Roof Repair Area: 0 S.F. - 500 S.F. Approximately.,_L21 Locations =-dQQ-U @$j!.QO IS,F. = 5,000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately.,_L21 Locations = I.QQQ F@$-2--00 . /S.F. = 19,000-00 IT : Furnish all materials, labor, and equipment to install 4" diameter leader. A) 24 Gauge Galvanized Steel a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately., — _L21 Locations = F. @$A 00 1L.F. = 400.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: 2 Locations F. @ 5.00 1L.F. TOTAL B Anodized Aluminum a) Small Roof Repair Area: 0 S.F. - 600 S.F. Approximately._L21 Locations = F. @$ _LOO ILY. $700.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately., _U2 Locations =-3M-L.F. @$1.00 &F. = $3,507.00 TOTAL -1(s)- 3 PROPOSAL (continued) PROJECT 11926 Item 41 (Continued) C) 24 Gauge Stainless Steel a) Small Roof Repair Area: Approximately._L21 Locations = F. @$12S0__1L.F. TOTAL b) Medium to Large Roof Repair Area 501 SX. and Up Approximately._ 21 Locations =jQ9kL.F. @$JJQg__/L.F. = 11,000.00 TOTAL TOTAL ITEM 42: Furnish ail materials, labor, and equipment to install concrete roof tile. A) Spanish "S" Tile a) Small Roof Repair Area: Approximately._L2 Locations = j.00 IS.F. = $7.500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_L21 Locations =2,QDQ_S.F @$_4jk IS.F. ® $0,000.00 TOTAL B) Flat Shingle a) Small Roof RepairArea: S.F. Approximately._L21 Locations =j,2jQ3.F @$_4aQ__/S.F. = $6,00()Im— TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately.,_ 21 Locations = 1,00 IS.F. = $&QQUjQ_ TOTAL ITEM 43: Supplies not listed or included elsewhere MAY be purchased under this contract on a strictly COST-PLUS arrangement only. Documentation of vendor cost must be provided with written (City) estimates. Provide percent markup. City staff estimates approximately $30,000 worth of this type of material will be required per year. $30,000 x%-25- S 7.500.00 TOTAL P-I(t)-A3 PROPOSAL (continued) PROJECT 11926 IT 44: Crane Rental ALLOWANCE —based upon receipts. ALLOWANCE $22&QU9__ TOTAL ITEM 45: As a requirement by the manufacturer, annual'inspections of all roof types are required in order to maintain each specific Roof Warranty. Warranty required by the City of Fort Lauderdale is Minimum 20 year, no dollar limit. This requires documentation as outlined by the individual Manufacturer. Therefore, costs to maintain individual Warranties, regardless of roof type, shall be included among the hard costs. Furnish all materials, labor, and equipment to provide Roofing Warranty Inspections on a yearly basis as required by Manufacturer, all Roof types. Medium to Large Roof Inspection Area 1000 S.F. and Up. Approximately.._L61 Locations =-AQXD-Q S.F@$_2.1 0 IS.F. .00 TOTAL LTEM 46: Lighting protection allowance — based on actual sub- contractor costs, no mark-up allowed ALLOWANCE LTEM 47: Rubberized elastomeric coating For Flex 6000 Or similar over existing roofs to include preparation of surface: cleaning, sanding and priming; to be installed as per manufacturer Instructions. ApproximatelY.L1909—S-F @$1.75 IS.F. TOTAL TOTAL BID: 1943 log 50 ��"5 (FIGO�ES) One Million Nine Hundred Three Thousand One Hundred E 1 e Nine Dollars Fi!bf Cents _UMEtL�� _�ighty t (TOTAL WRi rE ULLAK AMOUNT) The City of Fort Lauderdale reserves the right to waive any informality in a In reect� n bid and to _7�� 9 d an or all bids. The City of Fort Lauderdale reserves the right to reduce or delete any of the above items. P-1(u)-A3 PROPOSAL (continued) PROJECT 11926 At time of award of contract, the City reserves the right to seta maximum dollar limit that may be expended on this project. Contract quantities of any or all Items may be Increased, reduced, or eliminated to adjust the contract amount to coincide with the amount of work necessary or to bring the contract value to within the established limit. All quantities are estimated and the City reserves the right to Increase, reduce, or eliminate the contract quantities in any amount. CONTRACT TIME 1.1 The Contractor recognizes that TIME IS OF THE ESSENCE.The Work shall commence within 34 calendar days of the date of the Notice to Proceed. 1.2 The Work shall be Substantially Completed within calendar days after the date when the Contract Time commences to run as provided in the Notice to Pro d. NIA 1.3 The Work shall be finally completed on the Final Completion Date and ready for final payment in accordance with this Agreement within calendar days after the date when the Contract Time commences to run as provided in the Notice to Proceed. NIA 1.4 The initial contract term shall commence upon date of award by the City, and shall expire 1 year from that date. The City reserves the right to extend the contract for 3 , additional 1 year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. - (v)- PROPOSAL (continued) PROJECT 11926 1.5 In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. Rev. 9/27/2013 -1( ) PROPOSA L (Continued) PROJECT11926 The work described below includes all the necessary excavations, fill and removal o at rials atteat upon the construction of the work complete in place, and the disposal of all excess material and the final cleaning up of the work. State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you do business, and the address of the place of business (Post ice Box is inappropriate). IF A CORPORATION, state the name of the President, Secretary andResident Agent. I PARTNERSHIP, F A state the names of all partners. IF A TRADE NAME, state the names of the individuals who do business under the trade name. If the firm is a foreign corporation (i.e., non- Florida), it must be authorized to do business in the State of Florida by the Florida Secretary of State. PLEASEI TYPE. Firm e: Advanced Rooflng, Inc. Address: 1950 NW 22 Street Fort Lauderdale L 33311 Telephone: 522-680_ Fax: 9 666-2967 E-Mail Address: nn S.5AdvancedRoon Obert P. Koarns President (Name) (Title) Robert P. Kornahrens,Secretary (Name) (Title) Michael J. Cohen Resident nt (Name) (Title) (Attach additional sheets, if necessary). The undersigned bidder acknowledges that he may be required to furnish additional information as deemed necessaryby the Office of the City Engineer, Public Works Department (Engineering and ArchitecturalServices), to update their records should he be awarded the work described below. The undersigned bidder affirms that he has or will obtain all equipment necessary to complete the work described, that he has or will obtain all required permits and licenses from the appropriate agencies, and that his fir7n is authorized to do business in the State of Florida. The undersigned bidder has not divulged t , discussed, or compared this bid with other bidders, and has not colluded with any other bidder or parties to a bid whatsoever. Further, the undersigned guarantees the truth and accuracy of all statements and answers contained in this proposal. Rev.8/1412008 - PROPOSAL (Continued) PROJECT 11926 The initial contract term shall commence upon date of award by the City and shall expire one (1)year from that date. The City reserves the right to extend the contract for three (3), additional one-year terms, providing all terms conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contra the Cont or shall continue the service upon the request of the C4 as authorized by th i contract, ra ct extension period shall not extend for more than ninety (90) days beyond e awarding authority. The at existing contract. The Contractor shall be compensservice ated for the sethe the expiration date of the extension clause is invoked by the City. 1rate in effect when this The undersigned acknowledges receipt of the Addenda listed below (if applicable) and further acknowledges that the provisions of each Addendum have been included in the preparation for this Bid. Addendum No. Date Received _ Addendum No. pate Received Addendum 1 December 16, 2013 Addendum 4 lanuary 11, 2014 Addendum 2 _4iELUa 7,2014 Addendum 3 January 10,2114 DATE: Janu ML114,29201141FOR: Advanced RmLnin .... 1, 1 r Debra A. Giuliani gamBY: (Witness— Print or type name) (Signature) Daniel Stokes,Vice President Yatzana Cruz Seal: (Witness—P e name) TITLE: President E] Vice-President Rev.1011/2013 P-3 P ROJ ECT 11926 91JESTIONNAIRE SHEET PLEASE PRINT OR TYPE: Firm Name: Advanced Roofing, Inc. President Robert P. Komahrens Business Address: 1950 NW 22 Street, Fort Lauderdale, FL 33311 Tele hone: (954)522 868 Fax: (954) 566-2967 E-Mail Address: DannyS @AdvancedRoofing.com _ What was the last project of this nature which you completed? See Attached-Term Contract Ustinq The following are named as three corporations and representatives of those corporations for which you have perforrned work and which the City may contact as your references (include addresses and telephone numbers): See Attached- References How many years has your organization been in business? 30 Years Have you ever failed to complete work awarded to you; If so, where and why? No The name of the qualifying agent for the firm and his position is: Robert P. Kornahrens, President Certificate of Competency Number of Qualifying Agent: CC-CO24413 Effective Date: July 18,2012 Expiration Date: August 31,2014 Licensed in: Broward/Florida Engineering Contractor's License# .................NJA— (County/State) Expiration Date: N A NOTE: To be considered for award of this contract, the bidder must submit a financial statement upon request. A Broward County Engineering Contractor's License and/or the appropriate license Issued by the State of Florida Is required for working within public rights-of-way. Contractor must have proper licensing r1or to submi _21jaLlq.� i i ust submit evidence of some with bid. Rev.2115/11 P-4 PROJECT 11926 gUESTIONNAIRE SHEET 1 Have you personally inspected the proposed work and have you a complete plan for its performance? Yes 2. Will you sublet any part of this work? If so, list the portions or specialties of the work that you will. a) No b) C) d) e) f) g) 3. What equipment do you own that is available for the work? See Attached-Equipment Listing 4. What equipment will you purchase for the proposed work? None 5. What equipment will you rent for the proposed work? None Rev.8/14/2008 P-5 LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT The Business identified belowcertifies that it qualifies for the I BUSINESS preference classification as indicated herein, and further certifies and agrees that it will re-affirin its local preference classification annually no later than thirty (3 0) calendar days prior to the anniversary of the date of a contract awarded pursuant to this ITB. Violation of the foregoing provision may result in contract termination. is a Class A Business as defined in City of Fort Lauderdale Ordinance No. C-112- 04,Sec.2-199.2. A copy of the City of Fort Lauderdale current year Business Tax Receipt and a complete list of full-time employees and their addresses shall be (1) ess provided within 10 calendar days of a formal request by the City. BusinName is a Class B Business as defined in the City of Fort Lauderdale Ordinance No.C- 12-04, Sec.2-199.2.A copy of the Business Tax Receipt ora complete list of full- (2) time employees and their addresses shall be provided within 10 calendar days of a formal request by the City. Business Name is a Class C Business as defined in the City of Fort Lauderdale Ordinance No.C- Advanced Roofing, Inc. 12-04, Sec.2-199,2. A copy of the Broward County Business Tax Receipt shall (3) ss be provided within 10 calendar days of a formal request by the City. BusineName requests a Conditional Class A classification as defined in the City of Fort (4) Lauderdale Ordinance No. C-12-04, Sec.2-199.2. Written certification of intent ess shall be provided within 10 calendar days of a formal request by the City. BusinName requests a Conditional Class B classification as defined in the City of Fort (5) Lauderdale Ordinance No. C-12-04, Sec.2-199.2. Written certification of intent ess Nashall be provided within 10 calendar days of a formal request by the City. Businme is considered a Class D Business as defined in the City of Fort Lauderdale Ordinance No. C-12-04, Sc. -1 2. and does not qualify for Local Preference (6) Business Name consideration. BIDDER'S COMPANY: Advanced Roofing, Inc. ry AUTHORIZED COMPANY PERSON: Daniel Stokes, Vice President Janua14, 2014 NAME SIGNATURE DATE Rev. 9/24/2013 LBP-2 CITY OF FORT LAUDERDALE PUBLIC WORKS DEPARTMENT MINORITY BUSINESS ENTERPRISE (MBE).-WOMEN BUSINESS ENTERPRISE (WBE) PRIME CONTRACTOR IDENTIFICATION FORM In order to assist us in identifying the status of those companies doing business with the City of Fort Lauderdale, this form must be completed and returned with your bid package. Name of Firm: Advanced Roofing, Inc. Address of Firm: 1950 NW 22 Street, Fort Lauderdale, FIL 33311 Telephone Number, (954)522-6868 Name of Person Completing Form: Daniel Stokes -� Title: Vice President Signature: Date: January 14, 2014 City Project Number: ITB: 243-11292 Project : 11926 City Project Description: Annual Roofing Repair and Replacement City Wide Please check the item(s)which property identify the status of your firm: Our firm is nota MBE or WBE. Our firm is a MBE, as at least 51 percent is owned and operated by one or more socially and economically disadvantaged individuals. El American Indian El Asian F1 Black E) Hispanic Our firm is a WBE, as at least 51 percent is owned and operated by one or more women. E] American Indian F1 Asian [3 Black El Hispanic Rev.08/14/2008 MBE-1 MBEMBE CONTRACTOR INFORMATION The City, in a continuing effort, is encouraging the increased participation of minority and women- owned businesses in Public Works Department (Engineering and Architectural Services) related contracts. Along those lines, we are requiring that each firm provide documentation detailing their own programs for utilizing minority and women-owned businesses. Your firm should submit this information as a part of this bid package and refer to the checklist, to ensure that all areas of ooncern are covered. The to responsive bidder will be contacted to schedule a meeting to discuss these objectives. It is our intention to proceed as quickly as possible with this project, so your cooperation in this matter is appreciated. CONTRACTOR CHECKLIST List Previous City of Fort Lauderdale Contracts City of Fort Laude ale-Annual Roof Repairs & Replacement-Expired 9/5/2013 Number of Employees in your firm —Percent(9.5%)Women --Percent(67 %) Minorities --Job Classifications of Women and Minorities Use of minority and/or women subcontractors on past projects. Yes, 1) Elite Contractor Supply 2) Hart Construction Management, Inc. 3)RHI Construction,Inc. 4)A. Herrmann Associates, Inc. (AssociatesRoofing &Waterproofing) Nature of the work subcontracted to minority and/or women-owned firms. Roofing Labor, Roofing Supplies, Demolition, &Wood or How are subcontractors notified of available opportunities with your firm? Via Fax, E-Mail, Standard Mail, &Telephone Anticipated amount to be subcontracted on this project. TBD Anticipated amount to be subcontracted to minority and/or women-owned businesses on this project. TBD Rev.12/05/2012 MBE-2 NON-COL,LUSION ST&T_EMENT. By signing this offer, the vend ortcontracto r certifies that this offer is made independently and free from collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in a position to influence this procurement. Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. In accordance with City of Fort Lauderdale, FL Policy and Standards Manual,6.10.8.3, 3.3. City employees may not contract with the City through any corporation or business entity in which they or their immediate family members hold a controlling financial Interest(e.g. ownership of five (5) percent or more). 3.4. immediate family members(spouse,parents and children) are also prohibited from contracting with the City subject to the same general rules. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the City Procurement Code. NAME RELATIONSHIPS None N/A In the event the vendor does not indicate any names, the City shall Interpret this to mean that the vendor has indicated that no such relationships exist. NCS-1 GENERAL CONDITIONS Unless otherwise modified in the projects special conditions, the following General Conditions shall be part of the Contract: GC -01 - DEFINITIONS - The following words and expressions, or pronouns used in their stead, shall wherever they appear in the Contract and the Contract Documents, be construed as follows: "Addendum" or"Addenda" - shall mean the additional Contract provisions issued in writing, by the Engineer, prior to the receipt of bids. "Bid" — shall mean the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. "Bidder" — shall mean any person, firm, company, corporation or entity submitting a Bid for the Work. "Bonds" —shall mean Bid, performance and payment bonds and other instruments of security, furnished by Contractor and his surety in accordance with the Contract Documents. "City" — shall mean the City of Fort Lauderdale, Florida, a Florida municipal corporation. In the event the City exercises its regulatory authority as a government body, the exercise of such regulatory authority and the enforcement of any rules, regulations, codes, laws and ordinances shall be deemed to have occurred pursuant to City's authority as a governmental body and shall not be attributable in any manner to the City as a party to this Contract. For the purpose of this Contract, uCity" without modification shall mean the City Commission, and/or City Manager or his/her designees(s)as applicable. "Public Works Director" —shall mean the Public Works Director of the City of Fort Lauderdale, Florida or his/her designee(s). "Consultant" — shall can a person, firm, company, corporation or other entity employed by the City to perform the professional services for the project. "Contract Work" - shall mean everything expressed orimplied to be required to be furnished and furnished by the Contractor by any one or more of the parts of the Contract Documents referred to in the Contract hereof except Extra or as hereinafter defined, it being understood that, in case of any inconsistency in or between any part or parts of this Contract, the Public Works Director shall determine which shall prevail. "Design Documents" — shall can the construction plans and specifications included as part of a Bid/Proposal Solicitation prepared either by the City or by the Consultant under a separate Agreement with the City. "Extra Work" - shall mean work other than that required by the Contract. "Inspector" — shall mean an authorized representative of the City assigned to make necessary inspections of materials furnished by Contractor and of the Work performed by Contractor. "Notice" - shall mean written notice sent by certified United States Mail, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or via fax or email, or by GC-1 hand delivery with a request for a written receipt of acknowledgment of delivery and shall be served upon the Contractor either personally or to its place of business listed in the Bid. "Site" - shall mean the area upon or in which the Contractor's operations are carried out and such other areas adjacent thereto as may be designated as such by the Public Works Director. "Subcontractor" - shall mean any person, firm, company, corporation or other entity, other than employees of the Contractor, who or which contracts with the contractor, to furnish, or actually furnishes labor and materials, or labor and equipment, or labor, materials and equipment at the site. "Surety" - shall mean any corporation or entity that executes, as Surety, the Contractor's performance and payment bond securing the performance of this Contract. GC -02 - SITE INVESTIGATION AND REPRESENTATION - The Contractor acknowledges that it has satisfied itself as to the nature and location of the Work under the Contract Documents, the general and local conditions of the Site, particularly those bearing upon availability of transportation, disposal, handling and storage of materials, availability of labor, water, electric power, and roads, the conformation and conditions at the ground based on City provided reports, the type of equipment and facilities needed preliminary to and during the prosecution of the or and all other matters which can in any way affect the Work or the cost thereof under the Contract Documents. The Contractor acknowledges that it has conducted extensive tests, examinations and investigations and represents and warrants a thorough familiarization with the nature and extent of the Contract Documents, the Work, locality, soil conditions, moisture conditions and all year-round local weather and climate conditions (past and present), and, in reliance on such tests, examination and investigations conducted by Contractor and the Contractor's experts, has determined that no conditions exist that would in any manner affect the Bid Price and that the project can be completed for the Bid Price submitted. The Contractor, on its own, has made or caused to be made examinations, investigations, tests and studies of reports and related data in addition to those referred above, as Contractor deemed necessary to perform the Work at the Bid price set by the Contractor, within the contract time and in accordance with the other terms and conditions of the Contract Documents and the Bid made by the Contractor; and no additional examinations, investigations, tests, reports or similar data are, or will be, required by Contractor to assure that the Work can be done at the Bid price set by the Contractor. The Contractor further acknowledges that it has satisfied itself based on any geotechnical reports the City may provide and inspection of the project Site as to the character, quality, and quantity of surface and subsurface materials to be encountered from inspecting the site and from evaluating information derived from exploratory work that may have been done by the City or included in the Contract Documents and finds and has further determined that no conditions exist that would in any manner affect the Bid price and that the project can be completed for the Bid price submitted.. Any failure by the Contractor to acquaint itself with all the provided information and information obtained by visiting the project Site will not relieve Contractor from responsibility for properly estimating the difficulty or cost thereof under the Contract Documents. In the event that the actual subsurface conditions vary from the actual City provided reports, the Contractor shall notify the City and the Contract amount may be adjusted depending on the conditions, at the approval of the City. GC-2 GC - 03 - SUBSTITUTIONS - If the Contractor desires to use materials and/or products of manufacturer's names different from those specified in the Contract Documents, the Bidder requesting the substitution shall make written application as described herein. The burden of proving the equality of the proposed substitution rests on the Bidder making the request. To be acceptable, the proposed substitution shall meet or exceed all expressed requirements of the Contract Documents and shall be submitted upon the Contractor's letterhead, in addition to the "Contractor's Request for Substitution" form provided by the Public Works Director. The following requirements shall be met in order for the substitution to be considered: 1. Requests for substitution shall reach the Public Works Director no less than ten (10) Working Days prior to the date set for opening of Bids; and 2. Requests for substitution shall be accompanied by such technical data, as the party making the request desires to submit, The Public Works Director will consider reports from reputable independent testing laboratories, verified experience records from previous users and other written information valid in the circumstances; and 3. Requests for substitution shall completely and clearly indicate in what respects the materials and/or products differ from those indicated in the Contract Documents; and 4. Requests for substitution shall be accompanied by the manufacturer's printed recommendations clearly describing the installation, use and care, as applicable, of the proposed substitutions; and 5. Requests for substitution shall be accompanied by a complete schedule of changes in the Contract Documents, if any, which must be made to permit the use of the proposed substitution; and 6. Provide the "Contractor's Request for Substitution" form, completely executed. Failure to provide all pertinent data will result in immediate rejection of such a request. If a proposed substitution is approved by the Public Works Director, an Addendum will be issued to prospective bidders not less than three (3) working days prior to the date set for opening of Bids. Unless substitutions are received and approved as described above, the successful Bidder shall be responsible for furnishing materials and products in strict accordance with the Contract Documents. GC - 04- CONTROL OF THE WORK - The Public Works Director shall have full control and direction of the Work in all respects. The Public Works Director and/or his authorized designee(s) shall, at all times, have the right to inspect the Work and materials. The Contractor shall furnish all reasonable facilities for obtaining such information, as the Public Works Director may desire respecting the quality of the Work and materials and the manner of conducting the Work. Should the Contractor be directed or permitted to perform night Work, or to vary the period which work is ordinarily carried on in the daytime, he shall give ample notice to the Public Works Director so that proper and adequate inspection may be provided. Such Work shall be done only under such regulations as are furnished in writing by the Public Works Director, and no extra compensation shall be allowed to the Contractor therefore. In the event of night work, the Contractor shall furnish such light, satisfactory to the Public Works Director, as will insure proper inspection. Nothing herein contained shall relieve the Contractor from compliance with any and all City ordinances relating to noise or Work during prohibited hours. GC-3 The Contractor shall keep the Public Works Director informed, a reasonable time in advance, as to his need for grades and lines in order that the same may be furnished and all necessary measurements made for records and for payment with the minimum of inconvenience to the Public Works Director or of delay to the Contractor. The Contractor shall submit to the Public Works Director or Inspector on the job a written request outlining the streets, etc., for which the Contractor desires lines and grades. It is the intention not to delay the Work far the giving of lines and grades, but when necessary, work operations shall be suspended for such reasonable time as the Public Works Director may require for this purpose. However, such cost increases shall be authorized either by the City Manager and/or designee, or the City Commission based upon the purchasing threshold amounts provided for in Chapter 2 of the City of Fort Lauderdale's Code of Ordinances. GC -05 - SUBCONTRACTOR - The Contractor shall not sublet, in whole or any part of the Work without the written consent and approval of the Public Works Director. Within ten (10) days after official notification of starting date, the Contractor must submit in writing, to the Public Works Director, a list of all Subcontractors. No Work shall be done by any Subcontractor until such Subcontractor has been officially approved by the Public Works Director. A subcontractor not appearing on the original list will not be approved without written request submitted to the Public Works Director and approved by the Public Works Director. In all cases, the Contractor shall give his personal attention to the Work of the Subcontractors and the Subcontractor is liable to be discharged by the Contractor, at the direction of the Public Works Director, for neglect of duty, incompetence or misconduct. Acceptance of any Subcontractor, other person, or organization by the Public Works Director shall not constitute a waiver of any right of Public Works Director to reject defective Work or Work not in conformance with the Contract Documents. Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between City and any Subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due to any Subcontractor or other person, or organization, except as may otherwise be required by law. C — 06 - QUANTITIES - It is mutually agreed that the proposal shows the approximate amounts only along with the Plans and the general location. It is also mutually agreed that no change will be made involving any departure from the general scheme of the Work and that no such change involving a material change in cost, either to the City or Contractor, shall be made, except upon written permission of the City. However, the Public Works Director shall have the right to make minor alternations in the line, grade, plan, form or materials of the Work herein contemplated any time before the completion of the same. That if such alterations shall diminish the quantity of the Work to be done, such alterations shall not constitute a claim for damages or anticipated profits. That if such alterations increase the amount of the Work to be done, such increase shall be paid for according to the quantity actually performed and at the unit price or prices stipulated therefore in the Contract. The City shall, in all cases of dispute, determine the amount or quantity of the several kinds of Work which are to be paid for under this Contract, and shall decide all questions relative to the execution of the same, and such estimates and decisions shall be final and binding. GC- Any Work not herein specified, which might be fairly implied as included in the Contract, of which the City shall judge, shall be done by the Contractor without extra charge. However, such cost increases shall be authorized either by the City Manager and/or designee, or the City Commission based upon the purchasing threshold amounts provided for in Chapter 2 of the City of Fort Lauderdale's Code of Ordinances. GC-07 -NO ORAL CHANGES - Except to the extent expressly set forth in the Contract, no change in or modification, termination or discharge of the Contract in any form whatsoever, shall be valid or enforceable unless it is in writing and signed by the parties charged, therewith or their duly authorized representative. PERMITS AND PROTECTION OF PUBLIC — Permits on file with the City and or those permits to be obtained shall be considered directive in nature and will be considered a part of this Contract. A copy of all permits shall be given to the City and become part of the Contract Documents. Terms of permits shall be met prior to acceptance of the Work and release of the final payment. The Contractor shall be required to observe all the ordinances in relation to obtaining permits for occupying, excavating, or in any way obstructing the streets and alleys. He shall erect and maintain barricades and sufficient safeguards around all excavations, embankments or obstructions; he shall place sufficient warning lights at or near the or ; keep the same burning from sunset to sunrise, employ watchmen, and strictly obey all laws and ordinances controlling or limiting those engaged in similar work. Where there are telephones, light or power poles, water mains, conduits, pipes or drains or other construction, either public or private, in or on the streets or alleys, the Work shall be so conducted that no interruption or delay will be caused in the operation or use of the same. Proper written notice shall be given, and all the facilities, afforded the owners of such construction encountered or likely to be encountered, as will enable the to preserve the same from injury. The Contractor shall not be permitted to interfere with public travel and convenience by grading or tearing up streets indiscriminately, but the Work of constructing the various items in this contract shall proceed in an orderly, systematic and progressive manner. Contractor shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it. Where lifting operations involving the use of specialized cranes are required as part of construction, Contractor must make undertake the following investigation and submit the results and documentation to the Engineer prior to commencing any lifting operations: marking a very specific area in the field for the placement of the crane; a drawing showing the limitations of the job operation (i.e. not over adjacent properties or pedestrian and high vehicular traffic areas);underg round utility exploration in the vicinity of the crane location, which may include ground penetrating radar to identify voids or old pipe or other subsurface features that could lead to sudden failure; assessment of the underlying soil and roadway materials and a worst case analysis based on entire load being distributed on just one or two outriggers; provision of properly sized pads under the outriggers; loading charts from manufacturer showing allowable configurations/loads; and inspection to make sure crane operation is in accordance with the permit conditions. GC-5 GC - 09 - DISEASE REGULATIONS - The Contractor shall enforce all sanitary regulations and take all precautions against infectious diseases as the Public Works Director may deem necessary. Should any infectious or contagious diseases occur among his employees, he shall arrange for the immediate removal of the employee from the Site and 'isolation of all persons connected with the Work. GC - 10 - CONTRACTOR TO CHECK PLANS, SPECIFICATIONS, AND DATA - The Contractor shall verify all dimensions, quantities, and details shown on the plans, supplementary drawings, schedules, or other data received from the Public Works Director, and shall notify the Public Works Director of all errors, omissions, conflicts and discrepancies found therein within three (3) working days of discovery. Failure to discover or correct errors, conflictions, or discrepancies shall not relieve the Contractor of full responsibility for unsatisfactory Work, faulty construction, or improper operation resulting there from nor from rectifying such condition at his own expense. GC - 11 - SUPPLEMENTARY DRAWINGS - When, in the opinion of the Public Works Director, it becomes necessary to explain more fully the Work to be done, or to iflustrate the work further, or to show any changes which may be required, drawings, known as supplementary drawings, with specifications pertaining thereto, will be prepared by the Public Works Director and copies will be given to the Contractor. The supplementary drawings shall be binding upon the Contractor with the same force as the original Plans. Where such supplementary drawings require either less or more than the estimated quantities of work, credit to the City or compensations therefore to the Contractor shall be subject to the terms of the Contract. GC - 1 - MATERIALS AND WORKMANSHIP - All material and workmanship shall, in every respect, be in conformity with approved modern practice and with prevailing standards of performance and quality. In the event of dispute the Public Works Director's decision shall be final. Wherever the Plans, specifications, Contract Documents, or the directions of the Public Works Director are unclear as to what is permissible and/or fail to note the quality of any Work, that interpretation will be made by the City Engineer, which is 'in accordance with approved modern practice, to meet the particular requirements of the Contract. In all cases, new materials shall be used, unless this provision is waived by notice from the City in writing. GC - 1 - SAFEGUARDING MARKS - The Contractor shall safeguard all points, stakes, grade marks, monuments, and bench marks made or established on the Work, bear the cost of re- establishing same if disturbed, or bear the entire expense of rectifying Work improperly installed due to not maintaining or protecting or for removing without authorization, such established points, stakes and marks. The Contractor shall safeguard all existing and known property corners, monuments and marks not related to the Work and, if required, shall bear the cost of having them re-established by a licensed surveyor if disturbed or destroyed during the course of construction. GC - 1 - EXISTING UTILITY SERVICE - All existing utility service shall be maintained with a minimum of interruption at the expense of the Contractor. GC - 1 - JOB DESCRIPTION SIGNS - Contractor shall furnish, erect, and maintain suitable weatherproof signs on jobs over$100,000 containing the following information: GC-6 1- City Seal (in colors) 2. Project or Improvement Number 3. Job Description 4. Estimated Cost 5. Completion Date Minimum size of sign shall be four feet high, six feet wide and shall be suitably anchored. The entire sign shall be painted and present a pleasing appearance. Exact location of signs will be determined in the field. Two (2) signs will be required, one at each end of the job. All costs of this work shall be included in other parts of the work. GC - 1 - FLORIDA EAST COAST RIGHT-OF-WAY - Whenever a City contractor is constructing within the Florida East Coast Railway Company's Right-of-Way, it will be mandatory that the contractor carry separate bodily injury and property damage insurance in the amounts as stated below. This insurance shall be taken out and maintained during the life of the Contract. Bodily injury insurance in an amount not less than $500,000.00 for injuries, including wrongful death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000.00 on account of any one occurrence, and Property damage insurance in an amount not less than $500,000.00 for damages on account of any one occurrence and in an amount not less than $1,000,000.00 for damages on account of all occurrences. GC - 1 - ACCIDENTS - The Contractor shall provide such equipment and facilities as are necessary and/or required, in the case of accidents, for first aide services to be provided to a person who may be injured during the project duration. The Contractor shall also comply with the OSHA requirements as defined in the United States Labor Code 29 CFR 1926.50. In addition, the Contractor must report immediately to the Public Works Director every accident to persons or damage to property, and shall furnish in writing full information, including testimony of witnesses regarding any and all accidents. GC - 18 - SAFETY PRECAUTIONS - Contractor must adhere to the applicable environmental protection guidelines for the duration of a project. If hazardous waste materials are used, detected or generated at any time, the Project Manager must beimmediately notified of each and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other legal requirements of public authorities (including OSHA, EPA, DERM, the City, Broward County, State of Florida, and Florida Building Code), which bear on the performance of the Work. The Contractor shall take the responsibility to ensure that all Work is performed using adequate safeguards, including but not limited to: proper safe rigging, safety nets, fencing, scaffolding, barricades, chain link fencing, railings, barricades, steel plates, safety lights, and ladders that are necessary for the protection of its employees, as well as the public and City employees. All riggings and scaffolding shall be constructed with good sound materials, of adequate dimensions for their intended use, and substantially braced, tied or secured to ensure absolute safety for those required to use it, as well as those in the vicinity. All riggings, scaffolding, platforTns, equipment guards, trenching, shoring, ladders and similar actions or equipment shall be OSHA approved, as applicable, and in accordance with all Federal, State and local regulations. GC-7 GC - 1 - DUST PREVENTION - The Contractor shall, by means of a water spray, or temporary asphalt pavement, take all necessary precautions to prevent or abate a dust nuisance arising from dry weather or Work in an incomplete stage. All costs of this Work shall be included in cost of other parts of the Work. Should the Contractor fail to abate a dust nuisance by the above methods, and then he will be required to immediately construct temporary patches per City standards. GC - 20 - PLACING BARRICADES AND WARNING LIGHTS - The Contractor shall furnish and place, at his own expense, all barricades, warning lights, automatic blinker lights and such devices necessary to properly protect the work and vehicular and pedestrian traffic. Should the Contractor fail to erect or maintain such barricades, warning lights, etc., the Public Works Director may, after 24 hours' notice to the Contractor, proceed to have such barricades and warning lights placed and maintained by City or other forces and all costs incurred thereof charged to the Contractor and may be retained by the City from any monies due, or to become due, to the Contractor. GC -21 - TRAFFIC CONTROL - The Contractor shall coordinate all or and obtain, through the Engineering Department, any permits required to detour traffic or close any street before starting to work in the road. The following section: Part VI Traffic Controls for Street and Highway Construction and Maintenance Operations, MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, U.S. Department of Transportation Federal Highway Administration, 2009, or current edition, shall be used as a guide for requirement and placement of traffic control devices, signs and barricades. The Public Works Director shall determine requirements for the above. The above publication is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. In the event that a Maintenance of Traffic(MOT) Plan is required, the Plan shall be prepared by an A.A.S.T.A. certified technician. All traffic control devices, flashing lights, signs and barricades shall be maintained in working condition at all times. GC -22 - COORDINATION - The Contractor shall notify all utilities, transportation department, etc., in writing, with a copy to the Public Works Director before construction is started and shall coordinate his Work with them. The Contractor shall cooperate with the owners of any underground or overhead utility lines in their removal, construction and rearrangement operations in order that services rendered by these parties will not be unnecessarily interrupted. The Contractor shall arrange his Work and dispose of his materials so as to not interfere with the operation of other Contractors engaged upon adjacent work and to join his Work to that of others in a proper manner and to perform his Work in the proper sequence in relation to that of other Contractors all as may be directed by the Public Works Director, Each Contractor shall be responsible for any damage done by him or his agents to the work performed by another Contractor. The Contractor shall contact the Broward County Transportation Department and the Florida Department of Transportation, as applicable, to verify and obtain location of any and all traffic conduits, loops, and street light underground services. GC -23 - WATER - Bulk water used for construction, flushing pipelines, and testing shall be obtained from fire hydrants. Contractor shall make payment for hydrant meter at Treasury Billing GC-8 Office, 1st Floor, City Hall, 100 N. Andrews Avenue. With the paid receipt, contractor can pick u hydrant meter at the utility location office. No connection shall be made to a fire hydrant without meter connected. GC —24 - PROHIBITION AGAINSTI I SCRUTINIZED I - Subject to erect Construction, Inc., v. Prasad, 876 F.Sup . 1305 ( . . Fla. 2012), affirmed, Oerect Construction, Inc., v. Secretary, Florida Department of Transportation, 715 F.3d 1268 (11th Cir. 2013), the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287,135, Florida Statutes (2013), as may be amended or revised. The City may terminate this Contract at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2013), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2013), as may be amended or revised. C - 25 - LOCATION ILII - If the Proposer, for the purpose of responding to this solicitation, requests the location of underground facilities through the Sunshine State One-Call of Florida, Inc. notification system or through any person or entity providing a facility locating service, and underground facilities are marked with paint, stakes or other markings within the City pursuant to such a request, then the Proposer shall be deemed non-responsive to this solicitation in accordance with Section 2-184(5) of the City of Fort Lauderdale Code of Ordinances. GC - 26 — USE OF FLORIDAI - In accordance with Florida Statute 255.20 O, The City specifies that lumber, timber, and other forest products used for this project shall be produced and manufactured in the state of Florida if such products are available and their price, fitness, and quality are equal. This requirement does not apply to plywood specified for monolithic concrete forms, if the structural or service requirements for timber for a particular job cannot be supplied by native species, or if the construction is financed in whole or in part from federal funds with the requirement that there be no restrictions as to species or place of manufacture. The Bidder affirms by submitting a bid response to this solicitation that they will comply with section 255.20 ( ) Florida Statutes. C —27 — PUBLIC RECORDS - Contractor shall: ) Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes (2013), as may be amended or revised, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. ( ) Meet all requirements for retaining public records and transfer, at no cost, to the City, all public records in possession of the contractor upon termination of this contract and destroy any Rev. 3/21/2014 - duplicate public records that are exempt or confidential and exempt from Public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. Rev. 3/20/2014 GC-10 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 011000 SUMMARY PART I -GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Work covered by the Contract Documents. 2. Work phases. 3. Work under other contracts. 4. Use of premises. 5. Owner's occupancy requirements. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract. including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. B. "SPECIFICATIONS" referred to in the project documents are to include and incorporate the following: 1. The written specifications package entitled Project No. 11926, ROOFING CITY-WIDE. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Project Identifications: Flat and Steep of Projects throughout the City of Fort Lauderdale, Florida. 1. Project Locations: As shown in the specific work items.. 8. Owner: The City of Ft. Lauderdale, Florida. 1. Owner's Representative: To be determined at time of individual contract award. C. Architect: The City of Ft. Lauderdale Chief Architect. D. The Work consists of the following: 1. The Work includes roofing repair and replacement on various existing City facilities. Types of roofs and repairs will vary and are dependent on individual building conditions. a. Work shall be assigned through separate task orders for individual projects and task order amount shall be established based on quantities and unit prices for various components of the roofing systems as enumerated in the proposal form. SUMMARY 011000- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1.4 WORK PHASES A. The Work shall be conducted in (2) phases in the following order, with each phase substantially complete before beginning the next phase. Contractor shall obtain and pay for all permits and engineering required for all re-roofing and replacement roofing under this contract: 1. Phase 1 (if required): The remedlation or removal of any ACM in the existing roofing system as identified in an independently prepared asbestos survey. This work shall be performed in accordance with recommendations in the asbestos survey utilizing appropriate methods and personnel. This work shall be performed in accordance with appropriate Broward County DEP requirements. 2. Phase 2: The remaining roofing work identified in the individual task order, B. Before commencing Work of each phase, submit a schedule showing the sequence, commencement and completion dates, and move-out and -in dates of Owner's personnel for all phases of the or . 1.6 WORK UNDER OTHER CONTRACTS A. General: Cooperate fully with separate contractors so work on those contracts may be carried out smoothly, without interfering with or delaying work under this Contract. Coordinate the Work of this Contract with work performed under separate contracts. B. Preceding Work: Owner may award separate contract(s) for differing construction operations at Project site. 1. A separate contract may be awarded to other contractors to complete other roofing or repair projects. C. Concurrent Work: Owner may award separate contract(s) for construction operations at Project site. Those operations may be conducted simultaneously with work under various roofing contracts awarded based on the unit prices contained in this proposal. 1. A separate contract may be awarded to other partial projects for roofing at the City. 1.6 USE OF PREMISES A. General: Contractor shall have limited use of premises for construction operations as required and necessary to perform the Work or as identified in the specific project task order. B. Use of Site: Limit use of premises to areas within the Contract limits established. Do not disturb portions of Project site beyond areas in is the Work is indicated. 1. Limits: Unless otherwise established in the individual project task order, confine construction operations to not interfere with the occupation of the building. 2. Owner Occupancy., Allow for Owner occupancy of Project site and use by the public. 3. Driveways and Entrances: Keep driveways parking garage, loading areas, and entrances serving premises clear and available to Owner, Owner's employees, and emergency vehicles at all times. Do not use these areas for parking or storage of materials. a. Schedule deliveries to minimize use of driveways and entrances. SUMMARY 011000-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on-site. C. Maintain existing building in a weathertight condition throughout construction period. Repair damage caused by construction operations. Protect building and its occupants during construction period. 11.7 OWNEITS OCCUPANCY REQUIREMENTS A. Unless otherwise established in the individual project task order, Owner will occupy the premises during entire construction period. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage. Pn-n the or so as not to interfere with Owner's operations. Maintain existing exits, unless otherwise indicated. 1. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and authorities having jurisdiction. 1.8 SPECIFICATION FORMATS AND CONVENTIONS A. Specification Format: The Specifications are organized into Divisions and Sections using the format and CSI/CC's "Masterformat" numbering system. 1. Division 01: Sections in Division 01 govern the execution of the Work of all Sections in the Specifications. B. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Abbreviated Language: Language used in the Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words implied, but not stated, shall be inferred as the sense requires. Singular words shall be interpreted as plural, and plural words shall be interpreted as singular where applicable as the context of the Contract Documents indicates. 2. Imperative mood and streamlined language are generally used in the Specifications. Requirements expressed in the imperative mood are to be performed by Contractor. Occasionally, the indicative or subjunctive mood may be used in the Section Text for clarity to describe responsibilities that must be fulfilled indirectly by Contractor or by others when so noted. a. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. PART 2 - PRODUCTS (Not Used) PART 3 -EXECUTION (Not Used) END OF SECTION 011000 SUMMARY 011000 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 012200 UNIT PRICES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for unit prices. B. See Division 01 Section "Contract Modification Procedures" for procedures for using unit prices to adjust quantity allowances. 1.2 DEFINITIONS A. Unit price is stated on the Bid Form, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimated quantities of Work required by the Contract Documents are increased or decreased. The proposal unit amounts will be used to determine the contract amount for each individual roofing project the City of Fort Lauderdale intends to issue a contract for. 1.3 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit. B. Measurement and Payment: Refer to individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections, drawings and proposal information. Special areas, quantities and unit prices not addressed through this proposal and specification will be negotiated with the potential contractor using industry standard cost and area criteria, C. Owner reserves the right to reject Contractor's measurement of work-in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012200 UNIT PRICES 012200- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 012600 CONTRACT MODIFICATION PROCEDURES PART I - GENERAL 1.1 SUMMARY A. This Section specifies administrative and procedural requirements for handling and processing Contract modifications once separate contracts are issued based on the unit prices given for the proposals contained in this set of documents. B. See Division 01 Section "Unit Prices" for administrative requirements for using unit prices. 1.2 MINOR CHANGES IN THE WORK A. Architect will issue supplemental instructions authorizing Minor Changes in the Work, not involving adjustment to the Contract Sum or the Contract Time, on standard City of Fort Lauderdale forms, 1.3 PROPOSAL REQUESTS A. Owner-initiated Proposal Requests: Architect will issue a detailed description of proposed changes in the Work that may require adjustment to the Contract Sum or the Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. 1. Individual contract change requests issued by Architect are for information only. Do not consider them instructions either to stop work in progress or to execute the proposed change. 2. Within time specified in the individual contract change request, submit a quotation estimating cost adjustments based on specific quantities to the Contract Sum and the Contract Time necessary to execute the change. a. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. C. Include costs of labor and supervision directly attributable to the change, d. Include an updated Contractors Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting an extension of the Contract Time. B. Contractor-Initiated Proposals., If latent or unforeseen conditions require modifications to the Contract, Contractor may propose changes by submitting a request for a change to Architect. 1. Include a statement outlining reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and the Contract Time. CONTRACT MODIFICATION PROCEDURES 012600- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Include a list of quantities of products required or eliminated and unit costs, with total amount of purchases and credits to be made. If requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Include costs of labor and supervision directly attributable to the change. 5. Include an updated Contractor's Construction Schedule that indicates the effect of the change, including, but not limited to, changes in activity duration, start and finish times, and activity relationship. Use available total float before requesting anextension of the Contract Time. 6. Comply with requirements in Division 01 Section "Product Requirements" if the proposed change requires substitution of one product or system for product or system specified. C. Proposal Request Form: Use forms provided by the City of Fort Lauderdale contained in the front end of this package or if not addressing a specific item, contractor to list item clearly on separate sheet and assign the appropriate unit cost with such. 1.4 ALLOWANCES A. Allowance Adjustment: To adjust allowance amounts if provided for on individual contracts, base each Change Order proposal on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place. If applicable, include reasonable allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and similar margins, 1, Include installation costs in purchase amount only where indicated as part of the allowance, 2. If requested, prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. 1 Submit substantiation of a change in scope of work, if any, claimed in Change Orders related to unit-cost allowances. 4. Owner reserves the right to establish the quantity of work-in-place by independent quantity survey, measure, or count, 1.6 CHANGE ORDER PROCEDURES A. On Owner's approval of a Proposal Request, Architect will issue a Change Order for signatures of Owner and Contractor on standard City of Fort Lauderdale form. 1.6 CONSTRUCTION CHANGE DIRECTIVE A. Construction and Work Change Directive: Architect may issue a Construction Change Directive on the City of Fort Lauderdale form. Construction Change Directive instructs Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1 Construction Change Directive contains a complete description of change in the Work. It also designates method to be followed to determine change in the Contract Sum or the Contract Time. CONTRACT MODIFICATION PROCEDURES 012600-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Documentation: Maintain detailed records on a time and material basis of work required by the Construction Change Directive. 1. After completion of change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012600 CONTRACT MODIFICATION PROCEDURES 012600- 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 012900 PAYMENT PROCEDURES PARTII - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements necessary to prepare and process Applications for Payment. B. Related Sections include the following., 1. Division 01 Section "Contract Modification Procedures" for administrative procedures for handling changes to the Contract. 2. Division 01 Section "Unit Prices" for administrative requirements governing use of unit prices. 3. Division 01 Section "Construction Progress Documentation" for administrative requirements governing preparation and submittal of Contractors Construction Schedule and Submittals Schedule. 1.3 DEFINITIONS A. Schedule of Values: A statement furnished by Contractor allocating portions of the Contract Sum to various portions of the Work and used as the basis for reviewing Contractors Applications for Payment. 1.4 SCHEDULE OF VALUES A. Coordination'. Coordinate preparation of the Schedule of Values with preparation of Contractors Construction Schedule. 1. Correlate line items in the Schedule of Values with other required administrative forms and schedules, including the following: a. City's Form - Periodic Estimate for Partial Payment. b. Submittals Schedule. C. Contractors Construction Schedule. 2. Submit the Schedule of Values to City Representative at earliest possible date but no later than seven days before the date scheduled for submittal of initial Applications for Payment. B. Format and Content: Use the Project Manual table of contents as a guide to establish line PAYMENT PROCEDURES 012900-1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 items for the Schedule of Values. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. b. Project Number C. Contractor's name and address. d. Date of submittal. 2. Arrange the Schedule of Values in tabular form with separate columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of the Work. C. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers) that affect value. g. Dollar value. 1) Percentage of the Contract Sum to nearest one-hundredth percent, adjusted to total 100 percent. 3. Provide a breakdown of the Contract Sum in enough detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Provide several line items for principal subcontract amounts, where appropriate. 4. Round amounts to nearest whole dollar; total shall equal the Contract Sum. 5. Provide a separate line item in the Schedule of Values for each part of the or where Applications for Payment may include materials or equipment purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on-site and items stored off-site. If specified, include evidence of insurance or bonded warehousing. 6. Provide separate line items in the Schedule of Values for initial cost of materials, for each subsequent stage of completion, and for total installed value of that part of the Work. 7. Allowances: Provide a separate line item in the Schedule of Values for each allowance. Show line-item value of unit-cost allowances, as a product of the unit cost, multiplied by measured quantity. Use information indicated in the Contract Documents to determine quantities. B. Each item in the Schedule of Values and Applications for Payment shall be complete. Include total cost and proportionate share of general overhead and profit for each item. a. Temporary facilities and other major cost items that are not direct cost of actual work-in-place may be shown either as separate line items in the Schedule of Values or distributed as General Conditions expense, at Contractor's option. PAYMENT PROCEDURES 012900-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 9. Schedule Updating: Update and resubmit the Schedule of Values before the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum, 1.5 APPLICATIONS FOR PAYMENT A. The General Contractor must meet with the City Representative on or about the 25th of each month. The City Representative W11 go over the pay items and agree on the quantities and the dollar amounts of the work completed during the month. A copy of the agreed amounts will be signed by the parties and a copy will be left with each representative. B. The General Contractor will make up a partial pay request using the City-supplied forms and submit the request to the City Representative before the first of the upcoming month. C. Each pay request must be accompanied by a partial release of lien by the General Contractor and by all Subcontractors, suppliers, and for all labor, as outlined below. 1. Starting with the second (2nd) pay request and for each and every pay request thereafter, the General Contractor shall sub it partial release of liens from all Subcontractors, suppliers, and laborers covering the preceding month's request (SEE FOLLOWING EXAMPLE). 2. EXAMPLE: In the first (1st) pay request, payment is requested by General Contractor for the asbestos contractor and the electrician. The General Contractor must attach his partial release of lien. 3. For the second (2nd) pay request, the General Contractor must attach his partial release of lien from the asbestos contractor and the electrician for the amounts billed in the 1st pay request; i.e., the General Contractor will be running one (1) month behind with the releases from the Subcontractors, suppliers, etc., until the final pay request. D. For the final pay request, the General Contractor will be required to submit FINAL release of liens for ALL Subcontractors, suppliers, etc., and for ALL labor BEFORE FINAL PAYMENT WILL BE MADE. E. No partial payments, after the first payment, will be made until all partial release of liens are submitted for the preceding month's billing, as described F. Each Application for Payment shall be consistent with previous applications and payments as certified by and paid for by City. G. Payment Application Forms: Use City Form uPERIODIC ESTIMATE FOR PARTIAL PAYMENT" as for for Applications for Payment. 1. Application Preparation: Complete every entry on form. Notarize and execute by a person authorized to sign legal documents on behalf of Contractor. City will return incomplete applications without action. 2. Entries shall match data on the Schedule of Values and Contractor's Construction Schedule. Use updated schedules if revisions were made. 3. Include amounts of Change Orders and Construction Change Directives issued before last day of construction period covered by application. H. Release of Lien: With each Application for Payment, submit release of lien from every entity PAYMENT PROCEDURES 012900-3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 who is lawfully entitled to file a mechanic's lien arising out of the Contract and related to the Work covered by the payment. 1 Submit partial release of lien on each item for amount requested in previous application, after deduction for retainage, on each item. 2. When an application shows completion of an item, submit final release of lien. 3. City reserves the right to designate which entities involved in the Work must submit release of lien forms. I. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of first Application for Payment include the following: 1. List of subcontractors. 2. Schedule of Values. 3. Contractors Construction Schedule (preliminary if not final). 4. Products list. 5. Schedule of unit prices. 6. Submittals Schedule (preliminary if not final). 7. List of Contractor's staff assignments. 8. List of Contractor's principal consultants. 9. Copies of building permits. 10. Copies of authorizations and licenses from authorities having jurisdiction for performance of the Work. 11. Initial progress report 12. Report of preconstruction conference. 13. Certificates of insurance and insurance policies. 14. Performance and payment bonds. 15. Data needed to acquire City's insurance. 16. Initial settlement survey and damage report if required. J. Final Payment Application: Submit final Application for Payment with releases and supporting documentation not previously submitted and accepted, including, but not limited, to the following: 1. Evidence of completion of Project closeout requirements. 2. Insurance certificates for products and completed operations where required and proof that taxes, fees, and similar obligations were paid. 3. Updated final statement, accounting for final changes to the Contract Sum. 4. Evidence that claims have been settled. 5. Final meter readings for utilities, a measured record of stored fuel, and similar data as of date of Substantial Completion or when City took possession of and assumed responsibility for corresponding elements of the Work. 6. Final, liquidated damages settlement statement. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 012900 PAYMENT PROCEDURES 012900-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 013100 PROJECT MANAGEMENT AND COORDINATION PART 1 - 1.1 -1.1 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. Coordination Drawings. 2. Project meetings. 3. Requests for Interpretation (RFIs). B. See Division 01 Section "Multiple Contract Summary" for a description of the division of Work among separate contracts and responsibility for coordination activities not in this Section, C. See Division 01 Section "Execution" for procedures for coordinating general installation and field-engineering services, including establishment of benchmarks and control points. 1.2 DEFINITIONS A. RFI: Request from Contractor seeking interpretation or clarification of the Contract Documents. 1.3 COORDINATION A. Coordination: Coordinate construction operations included in different Sections of the Specifications to ensure efficient and orderly installation of each part of the or . Coordinate construction operations, included in different Sections that depend on each other for proper installation, connection, and operation, 1 Schedule construction operations insequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before orafter its own installation, 2. Coordinate installation of different components with other contractors to ensure maximum accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. 4. her availability of space is limited, coordinate installation of different components to ensure maximum performance and accessibility for required maintenance, service, and repair of all components, including mechanical and electrical. B. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractors Construction Schedule. 2. Preparation of the Schedule of Values. PROJECT MANAGEMENT AND COORDINATION 013100- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3. Installation and removal of temporary facilities and controls, 4. Delivery and processing of submittals. 5. Progress meetings. B. Preinstallation conferences. 7. Project closeout activities. B. Startup and adjustment of systems. 9. Project closeout activities. 1.4 SUBMIT7ALS A. Coordination Drawings: Prepare Coordination Drawings if limited space availability necessitates maximum utilization of space for efficient installation of different components or if coordination is required for installation of products and materials fabricated by separate entities. 1. Content: Project-specific information, drawn accurately to scale. Do not base Coordination Drawings on reproductions of the Contract Documents or standard printed data. Include the following information, as applicable: a. Indicate functional and spatial relationships of components of architectural, structural, civil, mechanical, and electrical systems. b. Indicate dimensions shown on the Contract Drawings and make specific note of dimensions that appear to be in conflict with submitted equipment and minimum clearance requirements. Provide alternate sketches to Architect for resolution of such conflicts. Minor dimension changes and difficult installations will not be considered changes to the Contract. 2. Sheet Size: At least 8-1/2 by 11 inches(215 by 280 mm) but no larger than 30 by 40 inches(750 by 1000 mm). 3. Number of Copies: Submit two opaque copies of each submittal. Architect will return one copy. 4. Refer to individual Sections for Coordination Drawing requirements for Work in those Sections. 1.6 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site, unless otherwise indicated. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify Owner and Architect of scheduled meeting dates and times. 2, Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including Owner and Architect, within three days of the meeting. PROJECT MANAGEMENT AND COORDINATION 013100-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Preconstruction Conference: Schedule a preconstruction conference before starting construction, at a time convenient to Owner and Architect, but no later than 15 days after execution of the Agreement. of the conference at Project site or another convenient location. Conduct the meeting to review responsibilities and personnel assignments. 1 Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the or . 2. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Phasing. C. Critical work sequencing and long-lead items. d. Designation of key personnel and their duties. e. Procedures for processing field decisions and Change Orders. f. Procedures for RPIs. g. Procedures for testing and inspecting. h. Procedures for processing Applications for Payment, L Distribution of the Contract Documents. j. Submittal procedures. k. Preparation of Record Documents. 1. Use of the premises and existing building. m. Work restrictions. n. Owners occupancy requirements. 0. Responsibility for temporary facilities and controls. p. Construction waste management and recycling. q. Parking availability. r. Office, work, and storage areas. S. Equipment deliveries and priorities. t. First aid. U. Security. V. Progress cleaning. W. Working hours, 3. Minutes: Record and distribute meeting minutes. C. Progress Meetings: Conduct progress meetings at regular intervals no less than bi-weekly. Coordinate dates of meetings with preparation of payment requests. 1. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. PROJECT MANAGEMENT AND COORDINATION 013100-3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE P ROJ ECT 11926 a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's Construction Schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following'. 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off-site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Work hours. 10) Hazards and risks. 11) Progress cleaning. 12) Quality and work standards. 13) Status of correction of deficient items. 14) Field observations. 15) RFIs. 16) Status of proposal requests. 17) Pending changes. 18) Status of Change Orders. 19) Pending claims and disputes. 20) Documentation of information for payment requests, 3. Minutes: Record the meeting minutes. 4. Reporting: Distribute minutes of the meeting to each party present and to parties who should have been present. 2. Schedule Updating: Revise Contractor's Construction Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. 1.6 REQUESTS FOR INTERPRETATION (RFIs) A. Procedure: Immediately on discovery of the need for interpretation of the Contract Documents, and if not possible to request interpretation at Project meeting, prepare and submit an RFI in the form specified. 1 RFls shall originate with Contractor. RFIs submitted by entities other than Contractor will be returned with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. PROJECT MANAGEMENT AND COORDINATION 013100-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Content of the RFI: Include a detailed, legible description of it needing interpretation and the following: 1. Project name. 2. Date. 3. Name of Contractor. 4. Name of Architect and Construction Manager. 5. RFI number, numbered sequentially. 6. Specification Section number and title and related paragraphs, as appropriate. 7. Drawing number and detail references, as appropriate. 8. Field dimensions and conditions, as appropriate. 9. Contractor's suggested solution(s). If Contractor's solution(s) impact the Contract Time or the Contract Sum, Contractor shall state impact in the I. 10. Contractor's signature. 11. Attachments: Include drawings, descriptions, measurements, photos, Product Data, Shop Drawings, and other information necessary to fully describe items needing interpretation. C. Hard-Copy Is: City of Fort Lauderdale format. 1. Identify each page of attachments with the RFl number and sequential page number. D. Architect's Action: Architect will review each RFI, determine action required, and return it. Allow seven working days for Architect's response for each I. RFIs received after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. C. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum, e. Requests for interpretation of Architect's actions on submittals. f. Incomplete RFIs or RFIs with numerous errors. 2. Architect's action may include a request for additional information, in which case Architect's time for response will start again. 3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 01 Section "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 10 days of receipt of the RFI response. E. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within seven days if Contractor disagrees with response. PROJECT MANAGEMENT AND COORDINATION 013100-5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 F. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Include the following: 1. Project name. 2. Name and address of Contractor, 3. Name and address of Architect. 4. RFI number including RFIs that were dropped and not submitted. 5. RFI description. 6. Date the RFI was submitted. 7. Date Architect's response was received. 8. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. 9. Identification of related Field Order, Work Change Directive, and Proposal Request, as appropriate. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION 013100 PROJECT MANAGEMENT AND COORDINATION 013100-6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 013200 CONSTRUCTION PROGRESS DOCUMENTATION PART I -GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for documenting the Progress of construction during performance of the Work, including the following: 1. Contractor's Construction Schedule. 2. Submittals Schedule. 3. Daily construction reports. 4. Field condition reports, B. See Division 01 Section "Payment Procedures"for submitting the Schedule of Values. 1.2 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical activities are activities on the critical path. They must start and finish on the planned early start and finish times. 2. Predecessor Activity: An activity that precedes another activity in then ork. 3. Successor Activity: An activity that follows another activity in the network. B, CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. C. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float. D. Float: The measure of leeway in starting and completing an activity. 1. Float time belongs to Owner. 1.3 SUBMITTALS A. Submittals Schedule: Submit three copies of schedule. Arrange the following information in a tabular format: 1. Scheduled date for first submiftal. 2. Submittal category (action or informational). 3. Description of the Work covered. 4. Scheduled at for Architect's final release or approval. CONSTRUCTION PROGRESS DOCUMENTATION 013200 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Contractor's Construction Schedule: Submit two opaque copies of initial schedule, large enough to show entire schedule for entire construction period. C. Daily Construction Reports: Submit two copies at weekly intervals. D. Field Condition Reports: Submit two copies at time of discovery of differing conditions. 1.4 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors, B. Coordinate Contractor's Construction Schedule with the Schedule of Values, list of Submittals Schedule, progress reports, payment requests, and other required schedules and reports. I Secure time commitments for performing critical elements of the Work from parties involved. 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. PART 2 - PRODUCTS 2.1 SUBMITTALS SCHEDULE A. Preparation: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, resubmittal, ordering, manufacturing, fabrication, and delivery when establishing dates. 1. Coordinate Submittals Schedule with list of subcontracts, the Schedule of Values, and Contractor's Construction Schedule. 2. Submit concurrently with the first complete submittal of Contractor's Construction Schedule. 2.2 CONTRACTOR'S CONSTRUCTION SCHEDULE, GENERAL A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Final Completion, 1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order. 2. Submittal Review Time: Include review and resubmittal times indicated in Division 01 Section "Submittal Procedures" in schedule. Coordinate submittal review times in Contractors Construction Schedule with Submittals Schedule. 3. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow time for Architect's administrative procedures necessary for certification of Substantial Completion. B. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis to demonstrate the effect of the proposed change on the overall project schedule. CONSTRUCTION PROGRESS DOCUMENTATION 013200-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2.3 CONTRACTOR'S CONSTRUCTION SCHEDULE (CPM SCHEDULE) A. CPM Schedule Preparation: Prepare a list of all activities required to complete the Work. Using the preliminary network diagram, prepare a skeleton network to identify probable critical paths. 1. Activities., Indicate the estimated time duration, sequence requirements, and relationship of each activity in relation to other activities. Include estimated time frames for the following activities: a. Preparation and processing of submittals. b. Mobilization and demobilization, C. Purchase of materials. d. Delivery. e. Installation. f. Work by Owner that may affect orb affected by Contractors activities, 2. Critical Path Activities: Identify critical path activities, including those for interim completion dates. Scheduled start and completion dates shall be consistent with Contract milestone dates. 2.4 REPORTS A. Daily Construction Reports: Prepare a daily construction report recording the following information concerning events at Project site: 1. Equipment at Project site. 2. Material deliveries. 3. High and low temperatures and general weather conditions. 4. Accidents. 5, Stoppages, delays, shortages, and losses. 6. Meter readings and similar recordings. 7. Orders and requests of authorities having jurisdiction. B. Field Condition Reports: Immediately on discovery of a difference between field conditions and the Contract Documents, prepare and submit a detailed report. Submit with a request for interpretation on CSI Form 13.2A. Include a detailed description of the differing conditions, together with recommendations for changing the Contract Documents. PART 3 - EXECUTION 3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Contractor's Construction Schedule Updating., At weekly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. CONSTRUCTION PROGRESS DOCUMENTATION 013200-3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Include a report with updated schedule that indicates every change, including, but not limited to, changes in logic, durations, actual starts and finishes, and activity durations. 3. As the Work progresses, indicate Actual Completion percentage for each activity, B. Distribution: Distribute copies of approved schedule to Architect Owner, separate contractors, testing and inspecting agencies, and other parties identified by Contractor with a need-to-know schedule responsibility. 1. Post copies in Project meeting rooms and temporary field offices. 2. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in performance of construction activities. END OF SECTION 013200 CONSTRUCTION PROGRESS DOCUMENTATION 013200-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 013300 SUBMITTAL PROCEDURES T1 - 1.1 1 -1.1 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop Drawings. Product Data, Samples, and other submittals. B. See Division 01 Section "Construction Progress Documentation" for submitting schedules and reports, including Contractor's Construction Schedule, C. See Division 01 Section "Closeout Procedures"for submitting warranties. D. See Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 1.2 DEFINITIONS A. Action Submittals: Written and graphic information that requires Architect's responsive action. B. Informational Submittals: Wh information that does not require Architect's responsive action. Submittals may be rejected for not complying with requirements. 1.3 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the or so processing will not be delayed because of need to review submittals concurrently for coordination. a, Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. B. Submittals Schedule: Comply with requirements in Division 01 Section "Construction Progress Documentation" for list of submittals and time requirements for scheduled performance of related construction activities. C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. SUBMITTAL PROCEDURES 013300- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Initial Review: Allow 4 days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal in processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 4 days for review of each resubmittal. D. identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space approximately 6 by 8 inches(l 50 by 200 mm) on label or beside title block to record Contractors review and approval markings and action taken by Architect. 3. Include the following information on label for processing and recording action taken. a. Project name. b. Date. C. Name and address of Architect. d. Name and address of Contractor. e. Name and address of subcontractor. f. Name and address of supplier. g. Name of manufacturer. h. Submittal number or other unique identifier, including revision identifier. 1) Submittal number shall use Specification Section number followed by a decimal point and then a sequential number(e.g., 06100.01). Resubmittals shall include an alphabetic suffix after another decimal point (e.g., 06100.01.A). i. Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k. Location(s)where product is to be installed, as appropriate. 1. Other necessary identification. E. Deviations: Highlight, encircle, or otherwise specifically identify deviations from the Contract Documents on submittals. F. Additional Copies: Unless additional copies are required for final submittal, and unless Architect observes noncompliance with provisions in the Contract Documents, initial submittal may serve as final submittal. 1 Additional copies submitted for maintenance manuals will not be marked with action taken and will be returned. G. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will discard submittals received from sources other than Contractor. H. esubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. SUBMITTAL PROCEDURES 013300-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked " approval notation from Architect's action stamp." I. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. J. Use for Construction: Use only final submittals with mark indicating "approval" taken by Architect. 1.4 CONTRACTOR'S USE OF ARCHITECT'S CAD FILES A. General: At Contractor's written request, copies of Architect's CAD files will be provided to Contractor for Contractor's use in connection with Project, subject to the following conditions: 1. Only with release statement signed by the contractor from the Architect. PART 2 - 2.1 -2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1 If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturers written recommendations. b. Manufacturers product specifications. C. Manufacturer's installation instructions. dManufacturer's catalog cuts. e. Wiring diagrams showing factory-installed wiring. f. Printed performance curves. g. Operational range diagrams. h. Compliance with specified referenced standards. i. Testing by recognized testing agency. 4. Number of Copies: Submit three copies of Product Data, unless otherwise indicated. Architect will return two copies. Mark up and retain one returned copy as a Project Record Document. C. Shop Drawings. Prepare Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data, unless submittal of Architect's CAD Drawings is otherwise permitted. SUBMITTAL PROCEDURES 013300- 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Dimensions. lb. Identification of products. C. Schedules. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement, f. Relationship to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches(215 by 280 mm) but no larger than 30 by 40 inches(750 by 1000 mm). 3. Number of Copies: Submit two opaque (bond) copies of each submittal. Architect will return one copy. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. C. Sample source. d. Number and title of appropriate Specification Section. 3. Disposition: Maintain sets of approved Samples at Project site, available for quality- control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. E. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the or , including those who are to furnish products or equipment fabricated to a special design. Use CSI Form 1.6A. 1 Number of Copies: Submit three copies of subcontractor list, unless otherwise indicated. Architect will return 2 copies. 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. 1 Number of Copies: Submit two copies of each submittal, unless otherwise indicated. Architect will not return copies. 2. Certificates and Certifications: Provide a notarized statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be SUBMITTAL PROCEDURES 013300-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 signed by an officer or other individual authorized to sign documents on behalf of that entity. 3. Test and Inspection Reports: Comply with requirements specified in Division 01 Section "Quality Requirements." B. Manufacturer Certificates: Prepare written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. C. Manufacturer's Field Reports: Prepare written information documenting factory-authorized service representative's tests and inspections. Include the following, as applicable: 1. Statement on condition of substrates and their acceptability for installation of product. 2. Summary of installation procedures being followed, whether they comply with requirements and, if not, what corrective action was taken. 3. Results of operational and other tests and a statement of whether observed performance complies with requirements. D. Insurance Certificates and Bonds: Prepare written information indicating current status of insurance or bonding coverage, Include name of entity covered by insurance or bond, limits of coverage, amounts of deductibles, if any, and term of the coverage. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractors approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 ARCHITIECT'S ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken. C. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. D, Partial submittals are not acceptable, will be considered nonresponsive, and will be returned without review. SUBMITTAL PROCEDURES 013300 - 5 ANNUAL ROOFING REPAiRL CITY-WIDE J T 11926 E. Submittals not required by the Contract Documents may not be reviewed and may be discarded. SECTIONEND OF 1 SUBMITTAL PROCEDURES 013300-6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 015000 TEMPORARY FACILITIES AND UTILITIES PART I - GENERAL 1.1 SUMMARY A. This Section includes requirements for temporary utilities, support facilities, and security and protection facilities. 1.2 USE CHARGES A. Water Service: Water from Owner's existing water system is available for use without metering and without payment of use charges, Provide connections and extensions of services as required for construction operations. B. Electric Power Service: Electric power from Owners existing system is available for use without metering and without payment of use charges. Provide connections and extensions of services as required for construction operations. PART 2 - 2.1 -2.1 EQUIPMENT A. Fire Extinguishers: Portable, UL rated; with class and extinguishing agent as required by locations and classes of fire exposures. PART 3 - EXECUTION 3.1 TEMPORARY UTILITY A. Water Service: Use of Owner's existing water service facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. 1. Where installations below an outlet might be damaged by spillage or leakage, provide a drip pan of suitable size to minimize water damage. Drain accumulated water promptly from pans. B. Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel. Comply with authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. 1 Toilets: Use of Owner's existing toilet facilities will be permitted, as long as facilities are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore these facilities to condition existing before initial use. C. Electric Power Service. Use of Owner's existing electric power service will be permitted, as long as equipment is maintained in a condition acceptable to Owner. TEMPORARY FACILITIES AND UTILITIES 015000- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.2 SUPPORT FACILITIES INSTALLATION A. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Comply with requirements of authorities having jurisdiction. Comply with Division 01 Section "Execution"for progress cleaning requirements. B. Lifts and Hoists: Provide facilities necessary for hoisting materials and personnel. 1. Truck cranes and similar devices used for hoisting materials are considered "tools and equipment' and not temporary facilities. C. Existing Elevator Use: Use of Owner's existing elevators will be permitted, as long as elevators are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore elevators to condition existing before initial use, including replacing worn cables, guide shoes, and similar items of limited life. 1. Provide protective coverings, barriers, devices, signs, or other procedures to protect elevator car and entrance doors and frame. If, despite such protection, elevators become damaged, engage elevator Installer to restore damaged work so no evidence remains of correction work. Return items that cannot be refinished in field to the shop, maker uired repairs and refinish entire unit, or provide new units as required. D. Existing Stair Usage: Use of Owner's existing stairs will be permitted, as long as stairs are cleaned and maintained in a condition acceptable to Owner. At Substantial Completion, restore stairs to condition existing before initial use. I Provide protective coverings, barriers, devices, signs, or other procedures to protect stairs and to maintain means of egress. If, despite such protection, stairs become damaged, restore damaged areas so no evidence remains of correction work. E. Temporary Use of Permanent Stairs: Cover finished, permanent stairs with protective covering of plywood or similar material so finishes will be undamaged at time of acceptance. 3.3 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. B. Storm water Control: Comply with authorities having jurisdiction. Provide barriers in and around excavations and subgrade construction'to prevent flooding by runoff of storm water from he rains. C. Security Enclosure and Lockup: Install substantial temporary enclosure around partially completed areas of construction. Provide lockable entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. D. Barricades, Warning Signs, and Lights: Comply with requirements of authorities having Jurisdiction for erecting structurally adequate barricades, including warning signs and lighting. TEMPORARY FACILITIES AND UTILITIES 015000-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Temporary Enclosures., Provide temporary enclosures for protection of construction, in progress and completed. from exposure, foul weather, other construction operations, and similar activities, E. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 241. 1. Prohibit smoking in construction areas. 2. Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition according to requirements of authorities having jurisdiction. 3. Develop and supervise an overall fire-prevention and -protection program for personnel at Project site. Review needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information. END OF SECTION 016000 TEMPORARY FACILITIES AND UTILITIES 015000-3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 016000 PRODUCT REQUIREMENTS PART I -GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; product substitutions; and comparable products. B. See Division 01 Section "Closeout Procedures" for submitting warranties for Contract closeout. C. See Divisions 02 through 07 Sections for specific requirements for warranties on products and installations specified to be warranted. D. The installation shall conform to FC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 11.2 DEFINITIONS A. Products: Items purchased for incorporating into the Work, whether purchased for Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment,""system," and terms of similar intent. 1 Named Products: Items identified by manufacturer's product name, including make or model number or other designation shown or listed in manufacturer's published product literature, that is current as of date of the Contract Documents. 2. New Products: Items that have not previously been incorporated into another project or facility, except that products consisting of recycled-content materials are allowed, unless explicitly stated otherwise. Products salvaged or recycled from other projects are not considered new products. 3. Comparable Product: Product that is demonstrated and approved through submittal process, or where indicated as a product substitution, to have the indicated qualities related to type, function, dimension, in-service performance, physical properties, appearance, and other characteristics that equal or exceed those of specified product. B. Substitutions: Changes in products, materials, equipment, and methods of construction from those required by the Contract Documents and proposed by Contractor. C. Basis-of-Design Product Specification: Where a specific manufacturer's product is named and accompanied by the words "basis of design," including make or model number or other designation, to establish the significant qualities related to type, function, dimension, in- service performance, physical properties, appearance, and other characteristics for purposes of evaluating comparable products of other named manufacturers. 1.3 SUBMITTALS PRODUCT REQUIREMENTS 016000- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 A. Substitution Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles, 1. Substitution Request Form: Use for provided by Owner. 2, Documentation: Show compliance with requirements for substitutions and the following, as applicable: a. Statement indicating why specified material or product cannot be provided. b. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by Owner and separate contractors, that will be necessary to accommodate proposed substitution. C. Detailed comparison of significant qualities of proposed substitution with those of the or specified. Significant qualities may include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. d. Product Data, including drawings and descriptions of products and fabrication and installation procedures. e. Samples, where applicable or requested. f. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners. 9. Material test reports from a qualified testing agency indicating and interpreting test results for compliance with requirements indicated. h. Research/evaluation reports evidencing compliance with building code in effect for Project, from a model code organization acceptable to authorities having jurisdiction. L Detailed comparison of Contractor's Construction Schedule using proposed substitution with productsspecified for the Work, including effect on the overall Contract Time. If specified product or method of construction cannot be provided within the Contract Time, include letter from manufacturer, on manufacturer's letterhead, stating lack of availability or delays in delivery. j. Cost information, including a proposal of change, if any, in the Contract Sum, k. Contractor's certification that proposed substitution complies with requirements in the Contract Documents and is appropriate for applications indicated. I. Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of failure of proposed substitution to produce indicated results. 3. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within 7 days of receipt of a request for substitution. Architect will notify Contractor of acceptance or rejection of proposed substitution within 15 days of receipt of request, or 7 days of receipt of additional information or documentation, whichever is later. a. Form of Acceptance: Change Order. b. Use product specified if Architect cannot make a decision on use of a proposed substitution within time allocated. B. Comparable Product Requests: Submit three copies of each request for consideration. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. PRODUCT REQUIREMENTS 016000-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Architect will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or 7 days of receipt of additional information or documentation,whichever is later. a. Form of Approval: As specified in Division 01 Section "Submittal Procedures." b. Use product specified if Architect cannot make a decision on use of a comparable product request within time allocated. C. Basis-of-Design Product Specification Submittal: Comply with requirements in Division 01 Section "Submittal Procedures." Show compliance with requirements. 1.4 QUALITY ASSURANCE A. Compatibility of Options: If Contractor is given option of selecting between two or more products for use on Project, product selected shall be compatible with products previously selected, even if previously selected products were also options. 1.5 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft. Comply with manufacturer's written instructions. B. Delivery and Handling: 1. Schedule delivery to minimize long-term storage at Project site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to ensure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to Project site in an undamaged condition in manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products on delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. C. Storage: 1 Store products to allow for inspection and measurement of quantity or counting of units. 2. Store materials in a manner that will not endanger Project structure. 3. Store products that are subject to damage by the elements, under cover in a weather tight enclosure above ground, with ventilation adequate to prevent condensation. 4. Store cementitious products and materials on elevated platforms. 5. Store foam plastic from exposure to sunlight, except to extent necessary for period of installation and concealment. 6. Comply with product manufacturers written instructions for temperature, humidity, ventilation, and weather-protection requirements for storage. 7. Protect stored products from damage and liquids from freezing. PRODUCT REQUIREMENTS 016000- 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1.6 PRODUCT WARRANTIES A. Warranties specified in other Sections shall be in addition to, and run concurrent with, other warranties required by the Contract Documents. Manufacturer's disclaimers and limitations on product warranties do not relieve Contractor of obligations under requirements of the Contract Documents. 1. Manufacturers Warranty: Preprinted written warranty published by individual manufacturer for a particular product and specifically endorsed by manufacturer to Owner. 2. Special Warranty: Written warranty required by or incorporated into the Contract Documents, either toextend time limit provided by manufacturer's warranty or to provide more rights for Owner. B. Special Warranties., Prepare a written document that contains appropriate terms and identification, ready for execution. Submit a draft for approval before final execution. 1. Manufacturer's Standard Form., Modified to include Project-specific information and properly executed. 2. Specified Form: When specified forms are included with the Specifications, prepare a written document using appropriate form properly executed. 3. Refer to Divisions 2 through 16 Sections for specific content requirements and particular requirements for submitting special warranties. C. Submittal Time: Comply with requirements in Division 01 Section "Closeout Procedures," PART 2 - 2.1 -2.1 PRODUCT SUBSTITUTIONS A. Timing: Architect will consider requests for substitution if received within 6 days after the Notice of Award. Requests received after that time may be considered or rejected at discretion of Architect. B. Conditions: Architect will consider Contractors request for substitution when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: 1 Requested substitution offers Owner a substantial advantage in cost, time, energy conservation, or other considerations, after deducting additional responsibilities Owner must assume. Contractor's additional responsibilities may include compensation to City of Fort Lauderdale for redesign and evaluation services, increased cost of other construction by Owner, and similar considerations. 2. Requested substitution does not require extensive revisions to the Contract Documents. 3. Requested substitution is consistent with the Contract Documents and will produce indicated results. 4. Substitution request is fully documented and properly submitted. 5. Requested substitution will not adversely affect Contractor's Construction Schedule. PRODUCT REQUIREMENTS 016000-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE P ROJ ECT 11926 6. Requested substitution has received necessary approvals of authorities having jurisdiction, 7. Requested substitution is compatible with other portions of the Work. 8. Requested substitution has been coordinated with other portions of the Work. 9. Requested substitution provides specified warranty. 2.2 COMPARABLE PRODUCTS A. Conditions: Architect will consider Contractor's request for comparable product when the following conditions are satisfied. If the following conditions are not satisfied, Architect will return requests without action, except to record noncompliance with these requirements: 1. Evidence that the proposed product does not require extensive revisions to the Contract Documents, that it is consistent with the Contract Documents and will produce the indicated results, and that it is compatible with other portions of the Work. 2. Detailed comparison of significant qualities of proposed product with those named in the Specifications. Significant qualities include attributes such as performance, weight, size, durability, visual effect, and specific features and requirements indicated. 3. List of similar installations for completed projects with project names and addresses and names and addresses of architects and owners, if requested. 4. Samples, if requested. PART 3 - EXECUTION (Not Used) END OF SECTION 016000 PRODUCT REQUIREMENTS 016000- 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 017700 CLOSEOUT PROCEDURES AND SUBMITTALS PART 1 -GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Inspection procedures. 2. Warranties. 3. Final cleaning. B. See Division 01 Section "Payment Procedures"for requirements for Applications for Payment for Substantial and Final Completion. C. See Division 01 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. D. See Divisions 02 through 07 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 1.2 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request, 1. Prepare a list of items to be completed and corrected (punch list), the value of items on the list, and reasons why the Work is not complete. 2. Advise Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. 5. Prepare and submit Project Record Documents, maintenance manuals, and similar final record information. 6. Deliver tools, spare parts, extra materials, and similar items to location designated by Owner. Label with manufacturers name and model number where applicable. 7. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 8. Complete final cleaning requirements, including touchup painting. 9. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. B. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Architect will either proceed with inspection or not Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractors list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. CLOSEOUT PROCEDURES AND SUBMITTALS 017700 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for Final Completion. 1.3 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: Revise five subparagraphs below to match the Supplementary Conditions. 1. Submit a final Application for Payment according to Division 01 Section "Payment Procedures." 2. Submit certified copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance. & Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the or identified in previous inspections as incomplete is completed or corrected. 1.4 LIST OF INCOMPLETE ITEMS (PUNCH LIST) A. Preparation: Submit three copies of list. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. 1.5 WARRANTIES A. Submittal Time: Submit written warranties on request of Architect. B. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1 in warranties and bonds in heavy-duty, 3-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-112-by-11- inch 1/2-by-11-inch (215-by-280-mm) paper. CLOSEOUT PROCEDURES AND SUBMITTALS 017700-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Provide heavy paper dividers with plastic-covered tabs for each separate warranty, Mark to to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer. 3. Identify each binder on the front and spine with the typed or printed title 'WARRANTIES," Project name, and name of Contractor. C. Provide additional copies of each warranty to include in operation and maintenance manuals. PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1 FINAL CLEANING A. General: Provide final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer's written instructions, 1 Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep areas broom clean. Remove petrochemical spills, stains, and other foreign deposits, C. Remove tools, construction equipment, machinery, and surplus material from Project site. d. Clean exposed exterior and interior hard-surfaced finishes to a dirt-free condition, free of stains, films, and similar foreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their original condition. e. Remove debris and surface dust from limited access spaces, including roofs, and similar spaces. f Touch up and otherwise repair and restore marred, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repaired or restored or that already show evidence of repair or restoration. 1) Do not paint over "LIL" and similar labels, including mechanical and electrical nameplates, 9. Wipe surfaces of mechanical and electrical equipment and similar equipment. h. Leave Project clean and ready for occupancy. CLOSEOUT PROCEDURES AND SUBMITTALS 017700-3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Comply with safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on Owners property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from Project site and dispose of lawfully. END OF SECTION 017700 CLOSEOUT PROCEDURES AND SUBMITTALS 017700-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 024119 SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Demolition and removal of selected portions of building or structure. 2. Demolition and removal of selected site elements. 3. Salvage of existing items to be reused or recycled. B. See Division 01 Section "Construction Waste Management and Disposal" for disposal of demolished materials. 1.2 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site, unless indicated to be removed and salvaged or removed and reinstalled. B. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. 1.3 SUBMITTALS A. Schedule of Selective Demolition Activities: Indicate detailed sequence of selective demolition and removal work, with starting and ending dates for each activity, interruption of utility services, use of elevator and stairs, and locations of temporary partitions and means of egress. B. Predemolition Photographs: Show existing conditions of adjoining construction and site improvements, including finish surfaces that might be misconstrued as damage caused by selective demolition operations. C. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes, 1 Comply with submittal requirements in Division 01 Section "Construction Waste Management and Disposal." 1.4 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work similar in material and extent to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before ff beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFA 241. SELECTIVE DEMOLITION 024119- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Predemolition Conference: Conduct conference at Project site. 1.5 PROJECT CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. D. Hazardous Materials: Hazardous materials may be present at certain locations in construction to be selectively demolished. A report on the presence of hazardous materials is on file for review and use for each project containing such materials. Examine report to become aware of locations where hazardous materials are present. 1. Hazardous material remediation is specified elsewhere in the Contract Documents. 2. Do not disturb hazardous materials or items suspected of containing hazardous materials except under procedures specified elsewhere in the Contract Documents. E. Storage or sale of removed items or materials on-site is not permitted. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Maintain fire-protection facilities in service during selective demolition operations. 1.6 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials so as not to void existing warranties. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. B. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. SELECTIVE DEMOLITION 024119-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect. D. Engage a professional engineer to survey condition of building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures during selective demolition operations. E. Survey of Existing Conditions: Record existing conditions by use of preconstruction photographs. 3.2 UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS A. Existing Services/Systems: Maintain servicestsystems indicated to remain and protect them against damage during selective demolition operations. 3.3 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1 Comply with requirements for access and protection specified in Division 01 Section "Temporary Facilities and Controls." B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. 3.4 SELECTIVE DEMOLITION A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. Temporarily cover openings to remain. 2, Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces, 3. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain fire watch and portable fire-suppression devices during flame-cutting operations. 4. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 5. Dispose of demolished items and materials promptly. Comply with requirements in Division 01 Section "Construction to Management and Disposal." B. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a SELECTIVE DEMOLITION 024119- 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete. 3.5 DISPOSAL OF DEMOLISHED MATERIALS General: Except for items or materials indicated to be recycled, reused, salvaged, reinstalled, or oth- erwise indicated to remain Owners property, remove demolished materials from A. Project site and legally dispose of them in an EPA-approved landfill. 1 Comply with requirements specified in Division 01 Section "Construction Waste Management and Disposal." B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.6 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris used by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 024119 SELECTIVE DEMOLITION 024119-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDr= PROJECT 11926 SECTION 028200 ASBESTOS REMEDIATON PART 1 - 1.1 -1.1 SUMMARY A. This Section includes the following: 1 Demolition and removal of selected portions of building or structure as identified in the asbestos reports concerning some city buildings. Some existing roofing to be removed contain asbestos as indicated in the reports. 1.2 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site. B. Division 2 Selective Structure Demolition. C. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled, 1.3 SUBMITTALS A. Schedule of Selective Demolition Activities: Indicate detailed sequence of selective demolition and removal work, with starting and ending dates for each activity, interruption of utility services, use of elevator and stairs, and locations of temporary partitions and means of egress. B. Predemolition Photographs: Show existing conditions of adjoining construction and site improvements, including finish surfaces, that might be misconstrued as damage caused by selective demolition operations. C. Landfill Records: Indicate receipt and acceptance of hazardous wastes by a landfill facility licensed to accept hazardous wastes. 1 Comply with submittal requirements in Division 01 Section "Construction Waste Management and Disposal." 1.4 QUALITY ASSURANCE A. Demolition FirmQualifications: An experienced firm that has specialized in demolition work similar in asbestos containing material and extent to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA 241. D. Predemolition Conference: Conduct conference at Project site. ASBESTOS REMEDIATION 028200- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1.6 PROJECT CONDITIONS A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. B. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. 1. If additional areas suspected of containing hazardous materials are encountered, do not disturb; immediately notify Architect. City of Fort Lauderdale will verify hazardous materials and modify contract as appropriate to cover additional work. C. Hazardous Materials: Hazardous materials are present in some construction sites to be selectively demolished. A report on the presence of hazardous materials is on file for review and use. Examine report to become aware of locations where hazardous materials are present. 1. Do not disturb hazardous materials or items suspected of containing hazardous materials except under procedures specified elsewhere in the Contract Documents. 1.6 WARRANTY A. Existing Warranties: Remove, replace, patch, and repair materials and surfaces cut or damaged during selective demolition, by methods and with materials so as not to void existing warranties. PART 2 - EXECUTION 2.1 EXAMINATION A. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. B. Survey of Existing Conditions: Record existing conditions by use of preconstruction photographs. 1 Comply with requirements specified in Division 01 Section "Construction Progress Documentation." C. Existing Services/Systems: Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. 2.2 PREPARATION A. Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. Comply with requirements for access and protection specified in Division 01 Section "Temporary Facilities and Controls." B. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. ASBESTOS REMEDIATION 028200- 2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1. Dispose of demolished items and materials promptly. Clean salvaged items. C. Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete. 2.3 DISPOSAL OF DEMOLISHED MATERIALS A. General: remove demolished materials from Project site and legally dispose of them in an EPA-approved landfill. 1 Comply with requirements specified in Division 01 Section "Construction Waste Management and Disposal." E. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 2.4 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 028200 ASBESTOS REMEDIATION 028200- 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 073113 ASPHALT SHINGLES PART I -GENERAL 1.1 SUMMARY X This Section includes the following, to match the existing pattern and colors where indicated to be a repair or patch situation: 1. Asphalt shingles. 2. Felt underlayment. 3. Self-adhering sheet underlayment. 4. Ridge vents. 1.2 SUBMITTALS A. Product Data: For each product indicated. B. Samples: For asphalt shingles, ridge and hip cap shingles, and ridge vent. C. Product test reports. D. Researchievaluation reports. 1.3 QUALITY ASSURANCE A. Source Limitations: Obtain ridge and hip cap shingles ridge vents felt underlayment and self- adhering sheet underlayment through one source- from a single asphalt shingle manufacturer. B. Fire-Test-Response Characteristics: Provide asphalt shingle and related roofing materials with the fire-test-response characteristics indicated, as determined by testing identical products per test method below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. 1. Exterior Fire-Test Exposure: Class A; ASTM E 108 or UL 790, for application and roof slopes indicated. C. Preinstallation Conference: Conduct conference at place to be determined. D. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.4 WARRANTY A. Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace asphalt shingles that fail in materials within specified warranty period. 1 Material Warranty Period: 30 years from date of Substantial Completion, prorated, with first 5 years nonprorated. 2. Algae-Discoloration Warranty Period: Asphalt shingles will not discolor 10 years from date of Substantial Completion. ASPHALT SHINGLES 073113 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products specified. 2. Products: Subject to compliance with requirements, provide one of the products specified. 2.2 GLASS-FIBER-REINFORCED ASPHALT SHINGLES A. Laminated-Strip Asphalt Shingles: ASTM D 3462, laminated, multi-ply overlay construction, glass-fiber reinforced, mineral-granule surfaced, and self-sealing. 1. Available Products: a. Atlas Roofing Corporation; b. Celotex Corporation; C. CertainTeed Corporation; d. Elk Corporation of Dallas; e. EMCO Limited, Building Products Division; f. GAF Materials Corporation; g. Georgia-Pacific Corporation; h. Globe Building Materials, Inc.; I. IKO; j. Malarkey Roofing Company; k. Owens Corning; I. PABCO Roofing Products; m. TO Roofing Products, Inc.; B. Multitab-Strip Asphalt Shingles: ASTM D 3462, glass-fiber reinforced, mineral-granule surfaced, and self-sealing. 1. Available Products: a. Atlas Roofing Corporation; b. CertainTeed Corporation; C. GAF Materials Corporation; d. Georgia-Pacific Corporation; e. to Building Materials, Inc.; f, I KO; 9, Malarkey Roofing Company; h. Owens Corning; i. P Roofing Products; j. TA MKO Roofing Products, Inc.; 2, Tab Arrangement: Four tab, regularly spaced or as indicated through existing conditions to be verified. ASPHALT SHINGLES 073113 -2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Hip and Ridge Shingles: Manufacturers standard units to match asphalt shingles or Site- fabricated units cut from asphalt shingle strips. Trim each side of lapped portion of unit to taper approximately I inch(25 mm). 2.3 UNDERLAYMENT MATERIALS A. Felts: ASTM D 226 or ASTM D 4869, Type 1, asphalt-saturated organic felts, nonperforated. B. Self-Adhering Sheet Underlayment, Granular Surfaced: ASTM D 1970, minimum of 55-mil- (1.4-mm-) thick sheet; glass-fiber-mat-reinforced, SBS-modified asphalt-, mineral-granule surfaced; with release paper backing; cold applied. C. Self-Adhering Sheet Underlayment, Polyethylene Faced: ASTM D 1970, minimum of 40-mil- (1.0- mm-) thick, slip-resisting, polyethylene-film-reinforced top surface laminated to SBS- modified asphalt adhesive, Wth release paper backing; cold applied. 2.4 RIDGE VENTS A. Rigid Ridge Vent: Manufacturers standard rigid section high-density polypropylene or other UV-stabilized plastic ridge vent with nonwoven geotextile filter strips and with external deflector baffles; for use under ridge shingles. 1 Available Products: a. Air Vent Inc., a CertainTeed Company, ShingleVent 11. b. Cor-A-Vent, Inc.; V-Series. C. GAF Materials Corporation; Cobra Rigid Vent 11. d. Globe Building Materials, Inc.; SmartAlr Ridge Vent. e. Lomanco, Inc., OR-4. f. Mid-America Building Products; Ridge aster Plus. g. Obdyke, Benjamin Incorporated; Xtractor Vent X18. h. Owens Corning; VentSure Ridge Vent. i. Ridglass Manufacturing Company, Inc.; Coolvent. j. Solar Group, Inc. (The), a Gibraltar Company, PRV4. k. Trimline Building Products; Trimline Ridge Vent. 2.6 ACCESSORIES A. Asphalt Roofing Cement: ASTM D 4586, Type 11, asbestos free. 9, Roofing Nails: To conform to FBC RAS 115 standards. 1. Where nails are in contact with metal flashing, use nails made from same metal as flashing. C. Felt Underlayment Nails: Aluminum, stainless-steel, or hot-dip galvanized steel wire with low profile capped heads or disc caps. 2.6 METAL FLASHING AND TRIM A. Sheet Metal Flashing and Trim: Comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." ASPHALT SHINGLES 073113 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Sheet Metal: Stainless steel Zinc-tin alloy-coated stainless steel, Zinc-coated (galvanized) steel, B. Fabricate sheet metal flashing and trim to comply with recommendations in AC A's "Architectural Sheet Metal Manual" that apply to design, dimensions, metal, and other characteristics of item. PART 3 - EXECUTION 3.1 UNDERLAYMENT INSTALLATION A. Single-Layer Felt Underlayment: Install single layer of felt underlay on roof deck perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches(50 mm) over underlying course. Lap ends a minimum of 4 inches(100 mm). Stagger end laps between succeeding courses at least 72 inches(I 830 mm). Fasten with Tin Tag perFBC TAS and RAS requirements. 1 Install felt underlayment on roof deck not covered by self-adhering sheet underlayment. Lap sides of felt over self-adhering sheet underlayment not less than 3 inch s(7 mm) in direction to shed water. Lap ends of felt not less than 6 inches(150 mm) over self- adhering sheet underlayment. B. Double-Layer Felt Underlayment: Install double layers of felt underlayment on roof deck perpendicular to roof slope in parallel courses. Install a 19-inch-(485-mm-) wide starter course at eaves and completely cover with full-width second course. Install succeeding courses lapping previous courses 19 inches(485 mm) in shingle fashion. Lap ends a minimum of 6 inches(l 50 mm). Stagger end laps between succeeding courses at least 72 inches(1830 mm). Fasten with felt underlayment tint as approved by code authority and Architect. 1. Install felt underlayment on roof sheathing not covered by self-adhering sheet underlayment. Lap edges over seIf-adhering sheet underlayment not less than 3 inches(75 mm) in direction to shed water. C. Self-Adhering Sheet Underlaymet: Install self-adhering sheet and erlayment, wrinkle free, on roof deck. Comply with low-temperature installation restrictions of underlayment manufacturer if applicable. Install at locations indicated, lapped in direction to shed water. Lap sides not less than 3-1/2 inch s( 9 mm). Lap ends not less than 6 inches(150 mm) staggered 24 inch es(600 mm) between courses. Roll laps with roller. Cover underlayment within seven days. 3.2 METAL FLASHING INSTALLATION A. General: Install metal flashings and other sheet metal to comply with requirements in FBC (latest edition) RAS and TAS "Sheet Metal Flashing and Trim " . 1. Install metal flashings according to recommendations in ARMA's "Residential Asphalt Roofing Manual" and asphalt shingle recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." ASPHALT SHINGLES 073113 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.3 ASPHALT SHINGLE INSTALLATION A. Install asphalt shingles according to manufacturer's written instructions, recommendations in ARMA's "Residential Asphalt Roofing Manual," and asphalt shingle recommendations in NRC 's "The NRCA Roofing and Waterproofing Manual." "F C's RAS, TAS requirements. B. Install starter strip along lowest roof edge, consisting of an asphalt shingle strip at least 7 inches(l 75 mm) wide with self-sealing strip face up at roof edge. 1. Extend asphalt shingles 1/2 inch(I 3 mm) over fascia at eaves and rakes. C. Install first and remaining courses of asphalt shingles stair-stepping diagonally across roof deck with manufacturer's recommended offset pattern at succeeding courses, maintaining uniform exposure. D. Fasten asphalt shingle strips with a minimum of six roofing nails located according to manufacturer's written instructions to maintain code hurricane requirement. - E. Woven Valleys: Extend succeeding asphalt shingle courses from both sides of valley 12 inches(300 mm) beyond center of valley, weaving intersecting shingle-strip courses over each other. Use one-piece shingle strips without joints in the valley. F. Closed-Cut Valleys: Extend asphalt shingle strips from one side of valley 12 inches(300 mm) beyond center of valley. Use one-piece shingle strips without joints in the valley. Fasten with extra nail in upper end of shingle. Install asphalt shingle courses from other side of valley and cut back to a straight line 2 inches(50 mm) short of valley centerline. Trim upper concealed corners of cut-back shingle strips. 1. Do not nail asphalt shingles within 6 inches(150 mm) of valley center. 2. Set trimmed, concealed-corner asphalt shingles in a 3-inch-(75- m-) wide bed of asphalt roofing cement. G. Open Valleys: Cut and fit asphalt shingles at open valleys, trimming upper concealed corners of shingle strips. Maintain uniform width of exposed open valley from highest to lowest point. 1. Set valley edge of asphalt shingles in a 3-inch-(7 -m -) wide bed of asphalt roofing cement. 2. Do not nail asphalt shingles to metal open valley flashings. H. Ridge Vents: Install continuous ridge vents over asphalt shingles according to manufacturers written instructions. Fasten with roofing nails of sufficient length to penetrate sheathing. I. Ridge and Hip Cap Shingles: Maintain same exposure of cap shingles as roofing shingle exposure. Lap cap shingles at ridges to shed water away from direction of prevailing winds. Fasten with roofing nails of sufficient length to penetrate sheathing. END OF SECTION 073113 ASPHALT SHINGLES 073113 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 073213 CLAY ROOF TILES PART 1 - 1.1 -1.1 SUMMARY A. This Section includes the following: 1. Clay roof tiles. 2. Tile accessories. 3. Felt and erlayment. 4. Self-adhering sheet underlayment. 1.2 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples: For each type of clay tile, clay tile accessory, and fastening. C. Researchlevaluation reports. D. Maintenance data. 1.3 QUALITY ASSURANCE A. Fire-Test-Response Characteristics: Provide clay tiles and related roofing materials with the fire-test-response characteristics indicated, as determined by testing identical products per test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. I Exterior Fire-Test Exposure: Class A; UL 790 or ASTM E 108 for application and roof slopes indicated. B. Preinstallation Conference: Conduct conference at to be determined at time of contract. C. The installation shall conforrn to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. PART 2 - PRODUCTS 2.1 CLAY TILES A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: B. Products., Subject to compliance with requirements, provide one of the following: 1. Altusa/Interclay, Corp.;. 2. Arneh-Clay Roof Tile;. 3. Claymex Brick&Tile Co.;. 4. Deleo, Clay Tile;. CLAY ROOF TILES 073213 - 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 5. D'Hanis Brick &The Company;. 6. Gladding, MoBean. Div. of Pacific Coast Building Products, Inc.;. 7. International Roofing Products, Inc.;. 8. Ludowici Roof Tile, Inc.;. 9, MCA Tile:. 10. US Tile Co.;. 11. Zion Tile Corp_ C. Clay Tile: ASTM C 1167, molded- or extruded-clay roof tile units of shape and configuration indicated, kiln fired to vitrification, and free of surface imperfections. Provide with fastening holes prepunched at factory before firing. 1. Durability: Grade 1. 2. High-Profile Shape: Type 1, Spanish or S straight mission, two piece straight barrel mission, two piece. 3. Flat Shape: Type 111, flat shingle flat interlocking. 4. High Low-Profile-Shape Clay Tile Accessories: Ridge vent ridge end hip and hip starter header course L-shaped rake edge roll rake edge starter end band terminal eave closure and top fixture units, color to match roof tile. 5. Flat-Shape Clay Tile Accessories: Ridge and closed ridge end hip and hip starter header course L-shaped rake edge starter end band and terminal units, color to match roof tile. 2.2 ACCESSORIES A. Asphalt Roofing Cement: ASTM D 4586, Type 11, asbestos free. B. Cold-Applied Adhesive: Manufacturer's standard asphalt-based, one- or two-part, asbestos- free, cold-applied adhesive specially formulated for compatibility and use with underlayments. C. Foam Adhesive: Two-component polyurethane expanding adhesive recommended for application by the manufacturer. D. Mortar: ASTM C 270, Type M, natural color for concealed-from-view mortar. 1. Mortar Pigment: ASTM C 979. Produce mortar matching the color of the selected for exposed-to-view mortar. E. Eave Closure: Manufacturer's standard EPDM, stainless-steel eave closure formed to shape of tile. F. Wood Nailers, Beveled Cant Strips and Battens. Pressure treated wood. 2.3 FASTENERS A. Roofing Nails: ASTM F 1667, copper, 0.135-inch- (3.4-mm-) aluminum, 0.1055-inch- (2.7- mm-) hot-dip galvanized steel, 0.1055-inch- (2.7-mm-) diameter shank, sharp-pointed, conventional roofing nails with barbed shanks; minimum 3/8-inch- (10-mm-) diameter head; and of sufficient length to penetrate 314 inch (19 mm) into wood battens solid wood decking roof-deck sheathing. CLAY ROOF TILES 073213 - 2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Felt Undedayment Nails: Aluminum, stainless-steel, or hot-dip galvanized steel wire with low-profile capped heads or is caps, 1-inch (25-mm) minimum diameter. C. Wood Batten Nails: ASTM F 1667, common or box, steel wire, flat head, ands oot shank. D. Wire Ties: Stainless steel, 0.083-inch (2.1-mm) minimum diameter. E. Twisted-Wire-Tie System: Continuously twisted two-wire unit with loops formed at 6 inches (150 mm) apart, minimum 0.1-inch- (2.5-mm-) diameter brass wire and 0.06-inch- (1.5-mm-) diameter brass tie wires 0.1-inch- (2.5-mm-) diameter copper wire and 0.06-inch- (1.5-mm-) diameter brass tie wires 0.083-inch- (2.1-mm-) diameter stainless-steel it and 0.037-inch- (0.94-mm-) diameter stainless-steel tie its 0.083-inch- (2.1-mm-) diameter galvanized steel wire and 0.037-inch- (0.94-mm-) diameter galvanized steel tie wires, with matching-metal folding clip anchors. F. Single-Line Wire-Tie System: Interconnecting eave-to-ridge system, minimum 0.1-inch- (2.5- mm-) diameter brass 0.09-inch- (2.3-mm-) diameter galvanized steel wire, preformed to accommodate the type and application indicated. G. Hook Nails: One-piece wind lock and tile fastener system, minimum 0.1-inch- (2.5-mm-) diameter brass 0.09-inch- (2.3-mm-) diameter galvanized steel wire, for direct deck nailing. H. Tile Locks: Brass Copper Stainless-steel Hot-dip galvanized steel, 0.1-inch- (2.5-mm-) diameter wire device designed to secure buff edges of cover tiles. I Storm Clips: Brass Stainless-steel Hot-dip galvanized steel strap-type, 0.04-by-1/2-inch (1.0- by-13-mm) L-shaped retainer clips designed to secure side edges of tiles. Provide with two fastener holes in base flange. 2.4 UNDERLAYMENT MATERIALS A. Roof Felt Underlayment. ASTM D 226, Type 11, asphalt-saturated organic felt, unperforated. B. Roof Felt Underlayment: AST IVI D 2626, asphalt-saturated and -coated organic felt, dusted with fine mineral surfacing on both sides, unperforated. C. Roll Roofing Underlayment: ASTM D 249, Type 1, asphalt-saturated and -coated organic felt, mineral-granule surfaced, D. Self-Adhering Sheet Underlayment, Granular Surfaced: ASTM D 1970, minimum of 55 mils (1.4 mm) thick; glass-fiber-mat-reinforced, SBS-modified asphalt; mineral-granule surfaced; with release-paper backing; cold applied. Provide primer for adjoining concrete or masonry surfaces to receive underly t. E. Self-Adhering Sheet Underlayment, Polyethylene Faced: ASTM D 1970, minimum of 40 mils (1.0 mm) thick; slip-resisting, polyethylene-film-reinforced top surface laminated toSBS- modified asphalt adhesive, with release-paper backing; cold applied. Provide primer for adjoining concrete or masonry surfaces to receive underlayment. 2.6 SHEET METAL FLASHING AND TRIM A. Sheet Metal Flashing and Trim: Comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." CLAY ROOF TILES 073213 -3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Sheet Metal: Stainless steel, Zinc-tin alloy-coated stainless steel, Coil-coated aluminum Anodized aluminum Aluminum, mill finished , Galvanized steel.24 ga. PART 3 - EXECUTION 3.1 UNDERLAYMENT INSTALLATION A. General: Install underlayments according to tile manufacturer's written recommendations and recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." & Single-Layer Roof Felt Underlayment: Install perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches (50 mm) over underlying course. Lap ends a minimum of 4 inches (100 mm). Stagger end laps between succeeding courses at least 72 inches (1830 mm). Fasten with felt underlayment roofing nails. 1. Install felt underlayment on roof deck not covered by self-adhering sheet underlayment. Lap sides not less than 3 inches (75 mm) over self-adhering sheet underlayment in direction to shed water. Lap ends not less than 6 inches (150 mm) over self-adhering sheet underlayment. C. Double-Layer Roof Felt Underlayment: Install perpendicular to roof slope in parallel courses. Install a 19-inch- (485-mm-) wide starter course at eaves and completely cover with full-width second course. Install succeeding courses lapping previous courses 19 inches (485 mm) in shingle fashion. Lap ends a minimum of 6 inches (150 mm). Stagger end laps between succeeding courses at least 72 inches (1830 mm). Fasten with roofing nails. I Install roof felt underlayment on roof sheathing not covered by self-adhering sheet underlayment. Lap edges not less than 3 inches (75 mm) over self-adhering sheet underlayment in direction to shed water. D. Double-Layer Roof FeltlRoll Roofing Underlayment: 1 Install single layer of roof felt underlayment perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches (50 mm) over underlying course. Lap ends a minimum of 4 inches (100 mm). Stagger end laps between succeeding courses at least 72 inches (11830 mm). Fasten with roofing nails. 2. Install roll roofing underlayment in same direction as roof felt underlayment in parallel courses. Lap ends a minimum of 6 inches (150 mm). Stagger end laps between succeeding courses at least 72 inches (1830 mm). a. Mechanically fasten over felt underlayment. b. Adhere to felt underlayment vAth uniform coating of cold-applied adhesive. E. Self-Adhering Sheet Underlayment: Install wrinkle free, complying with low-temperature installation restrictions of underlayment manufacturer if applicable. Install at locations indicated below, lapped in direction to shed water. Lap sides not less than 3-1/2 inches (89 mm). Lap ends not less than 6 inches (150 mm), staggered 24 inches (600 mm) between succeeding courses. Roll laps with roller. Cover underlayment within seven days. F. Double-Layer Roof Felt/Self-Adhering Sheet Underlayment: CLAY ROOF TILES 073213 -4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Install roof felt underlayment perpendicular to roof slope in Parallel courses. Lap sides a minimum of 2 inches (50 mm) over underlying course. Lap ends a minimum of 4 inches (100 mm). Stagger end laps between succeeding courses at least 72 inches (1830 mm). Fasten with roofing nails. 2. Install self-adhering sheet underlayment, wrinkle free, on roof felt underlayment. Comply with low-temperature installation restrictions of underlayment manufacturer if applicable. Lap sides not less than 3-1/2 inches (89 mm) in direction to shed water. Lap ends not less than 6 inches (150 mm), staggered 24 inches (600 mm) between succeeding courses. Roll laps with roller. Cover underlayment within seven days. 3.2 METAL FLASHING INSTALLATION A. General: Install metal flashings and other sheet metal to comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." I Install metal flashings according to tile manufacturer's written recommendations and recommendations in NRCA's 'The NA Roofing and Waterproofing Manual." 3.3 WOOD NAILERS A. Install wood nailers at ridges hips rakes and securely fasten to roof deck. B. Install beveled wood cant at eaves and securely fasten to roof deck. C. Install nominal 1-by-2-Inch (25-by-50-mm) wood battens horizontally over 1/2-inch- (13-mm-) high, pressure-preservative-treated wood lath strips 48 inches (1200 mm) long with ends separated by 1/2 inch (13 mm) at spacing required by roof tile manufacturer and securely fasten to roof deck. 1. Install nominal 1-by-2-inch (25-by-50-mm) Insert dimensions wood counter battens vertically spaced 24 inches (600 mm) apart and securely fasten to roof deck. 3.4 TILE INSTALLATION A. General: Install roof tiles according to manufacturer's written instructions and recommendations in RTI CA's "Concrete and Clay Roof Tile Design Criteria Installation Manual for Moderate Climate Regions," and to NRCA's "The NRCA Roofing and Waterproofing Manual." 1. Maintain uniform exposure and coursing of tiles throughout roof. 2. Extend tiles 2 inches (50 mm) over eave fasciae. 3. Nail Fastening: Drive nails to clear the tile so the tile hangs from the nail and is not drawn up, a, Install wire through nail holes of cut tiles that cannot be nailed directly to roof deck, and fasten to nails driven into deck. 4. Wire Tie Fastening: Install wire-tie systems and fasten tile according to manufacturers written instructions. 5. Foam-Adhesive Setting: Install tile according to FSA/NTRMA's "Concrete and Clay Roof Tile Installation Manual." 6. Install storm clips to capture edges of longitudinal sides of tiles and securely fasten to roof deck. 7. Install tile locks to support and lock overlying tile butts to underlying tiles, CLAY ROOF TILES 073213-5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 8. Cut and fit tiles neatly around roof vents, pipes, ventilators, and other projections through roof. Fill voids with mortar. 9, Install tiles with color blend approved by Architect. END OF SECTION 073213 CLAY ROOF TILES 073213-6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 073216 CONCRETE ROOF TILES PART11 — GENERAL 1.1 SUMMARY A. This Section includes the following: 1. Concrete roof tiles. 2. Tile accessories. 3. Felt underlayment. 4. Self-adhering sheet underlayment. 1.2 SUBMITTALS X Product Data: For each type of product indicated. B. Samples: Fore c pe of concrete tile, concrete the accessory, and fastening. C. Research/evaluation reports. D. Maintenance data. 1.3 QUALITY ASSURANCE A. Fire-Test-Response Characteristics: Provide concrete tiles and related roofing materials with the fire-test-response characteristics indicated, as determined by testing identical products per test method indicated to by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency, 1. Exterior Fire-Test Exposure: Class A; UL 790 or ASTM E 108 for application and roof slopes indicated, B. Preinstallation Conference: Conduct conference at Location determined at contract award. C. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. PART 2 - PRODUCTS 2.1 CONCRETE TILE A. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, the following: EK Products., Subject to compliance with requirements, provide one of the following: 1. Bartile;. 2. Dectile;. CONCRETE ROOF TILES 073216- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3. Eagle Roofing Products:. 4. Entegra Roof Tile Corp.;. 5. Hanson Roof Tile, Inc.;. 6. MonierLifetile;. 7. Staco Roof Tile;. 8. Vde Hey-Raleigh Mfg., Inc.;. 9. Westile Roofing Products;. C. Concrete Tile: ASTM C 1492, molded- or extruded-concrete roof tile units of shape and configuration indicated, with integral color, and free of surface imperfections. Provide with fastening holes predrilled at factory when manufactured. 1. High-Profile Shape: Type 1, Spanish or S. 2. Low-Profile Shape: Type III, flat shingle. 3. High-Profile-Shape Concrete Tile Accessories: Ridge ridge vent ridge end hip and hip starter header course L-shaped rake edge roll rake edge starter end band and terminal units, color to match roof tile. 4. Low-Profile-Shape Concrete Tile Accessories: Ridge and closed ridge end hip and hip starter header course L-shaped rake edge starter end band and terminal units, color to match roof tile. 2.2 ACCESSORIES A. Asphalt Roofing Cement: ASTM D 4586, Type 11, asbestos free. B. Cold-Applied Adhesive: Manufacturers standard asphalt-based, one- or two-part, asbestos- free, cold-applied adhesive specially formulated for compatibility and use with underlayments. C. Foam Adhesive: Two-component polyurethane expanding adhesive recommended for application by tile manufacturer. D. Mortar: ASTM C 270, Type M, natural color for concealed-from-view mortar. 1 Mortar Pigment: ASTM C 979. Produce mortar matching the color of tile selected for exposed-to-view mortar. E. Eave Closure: Manufacturers standard EPDM, stainless-steel, zinc-tin alloy-coated, stainless-steel, coil-coated aluminum. Eave closure formed to shape of tile. F. Ridge Closure: Manufacturer's standard EPIDIVI ridge closure formed to shape of tile. G. Wood Nailers, Beveled Cant Strips and Battens: Comply with requirements in for pressure- preservative-treated wood. 2.3 FASTENERS A. Roofing Nails: ASTM F 1667, hot-dip galvanized steel, 0.1055-inch-(2.7-mm-) diameter shank, sharp-pointed, conventional roofing nails with barbed shanks; minimum 318-inch-(10- mm-) diameter head; and of sufficient length to penetrate 3/4 inc (19 mm) into solid wood decking, roof deck sheathing. CONCRETE ROOF TILES 073216 - 2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Felt Underlayment Nails: Aluminum, stainless-steel, or hot-dip galvanized steel wire with low-profile capped heads or disc caps, 1-inch(25-mm) minimum diameter. C. Wood Batten Nails: ASTM F 1667, common or box, steel wire, flat head, ands oot shank. D. Wire Ties: Copper, Brass or Stainless steel, 0.083-inch(2,1-mm) minimum diameter. E, Hook Nails: One-piece wind lock and tile fastener system, minimum 0.1-inch-(2.5-mm-) ss 0.09-inch-(2.3- m-) diameter galvanized steel wire, for direct deck nailing. F. Tile Locks: Bras, Copper, Stainless-steel or Hot-dip galvanized steel, 0.1-inch-(2.5-m -) diameter wire device designed to secure butt edges of cover tiles. G. to Clips: Brass, Stainless-steel or Hot-dip galvanized steel strap-type, 0.04-by-1/2- inch(1.0-by-1 3-mm) L-shaped retainer clips designed to secure side edges of tiles. Provide with two fastener holes in base flange. 2.4 UNDERLAYMENT MATERIALS A. Roof Felt Underlayment: ASTM D 226, Type 11, asphalt-saturate organic felt, unperforated. B. Roof Felt Underlayment: ASTM D 2626, asphalt-saturated and -coated organic felt, dusted with fine mineral surfacing on both sides, unperforated. C. Roll Roofing Underlayment: ASTM D 249, Type 1, asphalt-saturated and -coated organic felt, mineral-granule surfaced. D. Self-Adhering Sheet Underlayment, Granular Surfaced: ASTM 0 1970, minimum of 55 mils(I.4 mm) thick; glass-fiber-mat-reinforced, SBS-modified asphalt; mineral-granule surfaced; with release-paper backing; cold applied. Provide primer for adjoining concrete or masonry surfaces to receive underly t. E. Self-Adhering Sheet Underlayment, Polyethylene Faced: ASTM D 1970, minimum of 40 mils(1.0 mm) thick; slip-resisting, polyethylene-film-reinforced top surface laminated to SBS- modified asphalt adhesive, with release-paper backing', cold applied. Provide primer for adjoining concrete or masonry surfaces to receive underlayment. 2.6 SHEET METAL FLASHING AND TRIM A. Sheet Metal Flashing and Trim: Comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." 1. Sheet Metal: Stainless steel Zinc-tin alloy-coated stainless steel Coll-coated aluminum Anodized aluminum or Galvanized steel. PART 3 - EXECUTION 3.1 UNDERLAYMENT INSTALLATION A. General: Install and erlayments according to the manufacturers written recommendations and recommendations in NRCA's 'The NRCA Roofing and Waterproofing Manual," CONCRETE ROOF TILES 073216 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Single-Layer Roof Felt Underlayment: Install perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches(50 mm) over underlying course. Lap ends a minimum of 4 inches(100 mm). Stagger end laps between succeeding courses at least 72 inches(1830 mm). Fasten with felt underlayment roofing nails. 1. Install felt underlayment on roof deck not covered by self-adhering sheet underlayment. Lap sides not less than 3 inches(75 mm) over self-adhering sheet underlayment in direction to shed water. Lap ends not less than 6 inches(150 mm) over self-adhering sheet underlayment. C. Double-Layer Roof Felt Underlayment: install perpendicular to roof slope in parallel courses. Install a 19-inch-(485-m -) wide starter course at eaves and completely cover with full-width second course. Install succeeding courses lapping previous courses 19 'inches(485 mm) in shingle fashion. Lap ends a minimum of 6 inches(150 mm). Stagger end laps between succeeding courses at least 72 inches(1830 mm). Fasten with felt underlayment roofing nails. 1 Install roof felt underlayment on roof sheathing not covered by self-adhering sheet underlayment. Lap edges not less than 3 inches(75 mm) over self-adhering sheet underlayment in direction to shed water. D. Double-Layer Roof Felt/ all Roofing Underlayment: 1. Install single layer of roof felt underlayment on roof deck perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches(50 mm) over underlying course. Lap ends a minimum of 4 inches(100 mm). Stagger end laps between succeeding courses at least 72 inches(1830 mm). Fasten with felt underlayment roofing nails. 2. Install roll roofing underlayment in same direction as roof felt underlayment in parallel courses. Lap ends a minimum of 6 inches(150 mm). Stagger end laps between succeeding courses at least 72 inches(1830 mm). a. Mechanically fasten over felt underlayment. b. Adhere to felt underlayment with uniform coating of cold-applied adhesive or uniform coating of asphalt roofing cement. E. Self-Adhering Sheet Underlayment: Install wrinkle free, complying with low-temperature installation restrictions of underlayment manufacturer if applicable. Install at locations indicated, lapped in direction to shed water. Lap sides not less than 3-1/2 inches(89 mm). Lap ends not less than 6 inches(150 mm), staggered 24 inches(600 mm) between succeeding courses. Roll laps with roller. Cover underlayment within seven days. F. Double-Layer Roof Felt/Self-Adhering Sheet Underlayment: 1. Install roof felt underlayment perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches(50 mm) over underlying course. Lap ends a minimum of 4 inches(1100 mm). Stagger end laps between succeeding courses at least 72 inches(1830 mm). Fasten with felt underlayment roofing nails. 2. Install self-adhering sheet underlayment, wrinkle free, on roof felt underlayment. Comply with low-temperature installation restrictions of underlayment manufacturer if applicable. Lap sides not less than 3-1/2 inches(89 mm) in direction to shed water. Lap ends not less than 6 inches(150 mm), staggered 24 inches(600 mm) between succeeding courses. Roll laps with roller. Cover underlayment within seven days, CONCRETE ROOF TILES 073216-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.2 METAL FLASHING INSTALLATION A. General: Install metal flashings and other sheet metal to comply with requirements in Division 07 Section "Sheet Metal Flashing and Trim." 1. Install metal flashings according to the manufacturer's written recommendations and recommendations in NRCA's 'The NRCA Roofing andWaterproofing Manual." 3.3 WOOD NAILERS A. Install wood nailers at ridges hips rakes and securely fasten to roof deck. B. Install beveled wood cant at eaves and securely fasten to roof deck. 3.4 CONCRETE TILE INSTALLATION A. General: Install roof tiles according to manufacturer's written instructions and recommendations in TI CA's "Concrete and Clay Roof Tile Design Criteria Installation Manual for Moderate Climate Regions," and to NRCA's "The NRCA Roofing and Waterproofing Manual." I. Maintain uniform exposure and coursing of tiles throughout roof. 2. Extend tiles 2 inc es( mm) over eave fasciae. 3. Nail Fastening: Drive nails to clear the tile so the the hangs from the nail and is not drawn up, a. Install wire through nail holes of cut tiles that cannot be nailed directly to roof deck, and fasten to nails driven into deck, 4. Foam-Adhesive or or Setting: Install tile according to FRSA/NTRMA's "Concrete and Clay Roof Tile Installation Manual." 5. Install storm clips to capture edges of longitudinal sides of tiles and securely fasten to roof deck, 6. Install the locks to support and lock overlying tile butts to underlying tiles, 7. Cut and fit tiles neatly around roof vents, pipes, ventilators, and other projections through roof. Fill voids with mortar. 8, Install tiles with color blend approved by Architect. END OF SECTION 073216 CONCRETE ROOF TILES 073216 - 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 076116 BUILT-UP COAL TAR ROOFING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes built-up coal-tar roofing systems. 1.2 DEFINITIONS A. Bitumen: A generic term for either asphalt or coal-tar pitch. B. Hot Coal-Tar Pitch: Col-tar pitch heated to its equiviscous temperature, the temperature at which its viscosity is 25 centipoise for either mopping or mechanical application, within a range of plus or minus 25 deg F (14 deg C), measured at the mop cart or mechanical spreader immediately before application. C. Hot Roofing Asphalt: Roofing asphalt heated to its equiviscous temperature, the temperature at which its viscosity is 125 centipoise for mopping application and 75 centipoise for mechanical application, within a range of plus or minus 25 deg F (14 deg C), measured at the mop cart or mechanical spreader immediately before application. 1.3 SUBMITTALS A. Product Data: For each product indicated. B. Shop Drawings: Include plans, elevations, sections, details, and attachments to other Work. C. Samples: For each product included in membrane roofing system. D. Research/evaluation reports. E. Maintenance data. 1.4 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer, approved by manufacturer to install manufacturer's products. 13. Source Limitations: Obtain components for roofing system from or approved by roofing system manufacturer. C. Fire-Test-Response Characteristics: Provide roofing materials with the fire-test-response characteristics indicated as determined by testing identical products per test method below by UL, FMG, or another testing and inspecting agency acceptable to authorities having jurisdiction. BUILT-UP COAL TAR ROOFING 075116- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and roof slopes indicated. D. Preinstallation Conference: Conduct conference at Project site. E. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.5 WARRANTY A. Special Warranty: Manufacturer's standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within 15 years from date of Substantial Completion. Failure includes roof leaks. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: B. Manufacturers: Subject to compliance with requirements, provide products by one of the following: I Built-up Coal-Tar Roofing: a. Hickman, W, P. Systems Inc. b. Honeywell Commercial Roofing Systems. C. Koppers Industries. 2.2 BASE-SHEET MATERIALS A. Sheathing Paper: Red-rosin type, minimum 3 lb/100 sq. ft. (0.16 kg/sq. m). B. Base Sheet: ASTM D 4601, Type 11, nonperforated, asphalt-°t pre nate and -coated, glass- fiber sheet, dusted with fine mineral surfacing on both sides. C. Base Sheet: ASTM D 4897, Type 11, venting, nonperforated, heavyweight, asphalt- impregnated and -coated, glass-fiber base sheet with coarse granular surfacing or embossed venting channels on bottom surface. 2.3 ROOFING MEMBRANE PLIES A. Ply Sheet: ASTM D 227, coal-tar-saturated organic felt. B. Ply Sheet: ASTM D 4990, Type 1, coal-tar-impregnated, glass-fiber felt and the physical properties of ASTM D 2178, Type I . BUILT-UP COAL TAR ROOFING 075116-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2.4 FLASHING MATERIALS A. Backer Sheet: ASTM D 2178, Type IV, asphalt-impregnated, glass-fiber felt. B. Backer Sheet: Roofing system manufacturer's standard spun-bonded, nonwoven, polyester- reinforced fabric, of standard color and weight, suitable for application method specified. C. Flashing Sheet: ASTM D 6164, Type I or 11, polyester-reinforced, SBS-modified asphalt sheet; granular surfaced; suitable for application method specified and as follows: 1. Granule Color: White. D. Flashing Sheet: ASTM D 6162, Type I or 11, composite polyester- and glass-fiber-reinforced, SBS-modified asphalt sheet; granular surfaced; suitable for application method specified and as follows: 1. Granule Color: White. E. Flashing Sheet: ASTM D 6163, Type I or 11, glass-fiber-reinforced, SBS-modified asphalt sheet; granular surfaced; suitable for application method specified and as follows: 1. Granule Color: White. 2.6 BITUMEN MATERIALS A. Asphalt Primer: ASTM D 41. B. Coal-Tar Primer: ASTM D 43. C. Coal-Tar Pitch: ASTM D 450, Type I. D. Roofing Asphalt: ASTM D 312, Type IV III or IV as recommended by built-up roofing system manufacturer for application. 2.6 AUXILIARY ROOFING MEMBRANE MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with built-up roofing. B, Asphalt Roofing Cement: ASTM D 4586, asbestos free, of consistency required by roofing system manufacturer for application. C. Coal-Tar Roofing Cement: ASTM D 5643, coal-tar-based roofing cement, asbestos free. D. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in FM 4470; designed for fastening roofing membrane components to substrate; tested by manufacturer for required pullout strength; and acceptable to roofing system manufacturer. E. Aggregate Surfacing: ASTM D 1863, No, 6 or No. 67, clean, dry, opaque, water-worn gravel or crushed stone, free of sharp edges crushed slag, free of sharp edges. BUILT-UP COAL TAR ROOFING 075116- 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 F. Walkway Pads: Polymer-modified, reconstituted solid-rubber, surface-textured, slip-resisting pads, manufactured as a traffic pad for foot traffic and acceptable to roofing system manufacturer, 112 inch (13 mm) thick, minimum. 1. Pad Size: Varies, to suit conditions. 2.7 SUBSTRATE BOARDS A. Substrate Board: ASTM C 36, Type X gypsum wall board, 5/8 inch (16 mm) thick. B. Substrate Board: ASTM C 1177/ 1177 , glass-mat, water-resistant gypsum substrate, Type X, 5/8 inch (16 mm) thick. C. Substrate Board: ASTM C 728, perlite board, 3/4 inch (19 mm) 1 inch (25 mm) thick, seal coated. D. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in F 4470, designed for fastening substrate panel to roof deck. 2.8 ROOF INSULATION A. Extruded-Polystyrene Board Insulation: ASTM C 578, Type IV, 1.6-lb/cu. ft. (26-kg/cu. m) minimum density, square edged. B. Polyisocyanu rate Board Insulation: ASTM C 1289, Type 11, felt or glass-fiber mat facer on both major surfaces. C. Composite Polyisocyanu rate Board Insulation: ASTM C 1289, faced with insulation board on one major surface, as indicated below by type, and felt or glass-fiber mat facer on the other. D. Glass-Fiber-Board Insulation: ASTM C 726, combining glass fibers with thermosetting resin binders, faced on one side with asphalt-coated fiberglass scrim and kraft paper. E. Tapered Insulation: Provide factory-tapered insulation boards fabricated to slope of[1/8 inch per 12 inches (1:96)] [114 inch per 12 inches (1:48)] <Insert sl >, unless otherwise indicated. F. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated. 2.9 INSULATION ACCESSORIES A. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in FMG 4470, designed for fastening roof insulation to substrate, and acceptable to roofing system manufacturer. B. Cold Fluid-Applied Adhesive: Manufacturer's standard cold fluid-applied adhesive formulated to adhere roof insulation to substrate. C. Tapered Edge Strips. ASTM C 726, glass-fiber insulation board. BUILT-UP COAL TAR ROOFING 075116-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Cover Board: ASTM C 117710 1177M, glass-mat, water-resistant gypsum substrate, 1/2 inch (13 mm)thick. PART 3 - EXECUTION 3.1 SUBSTRATE BOARD INSTALLATION A. Install substrate board with long joints in continuous straight lines, perpendicular to roof slopes with end joints staggered between rows. Tightly buff substrate boards together. 1. Fasten substrate board to top flanges of steel deck according to roofing system manufacturer's written instructions. 3.2 INSULATION INSTALLATION A. Coordinate installing roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday. B. Comply with roofing system manufacturers written instructions for installing roof insulation. C. Nailer Strips: Mechanically fasten 4-inch nominal- (89-mm actual-) width wood nailer strips of same thickness as insulation perpendicular to sloped roof deck, spaced 16 feet (4.88 m) apart for roof slopes greater than 1/4 inch per 12 inches (1:48). D. Install tapered insulation under area of roofing to conform to slopes indicated. El. Install one or more layers of insulation under area of roofing to achieve required thickness. Where overall insulation thickness is or greater, install 2 or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction. F. Adhered Insulation: Install each layer of insulation and adhere to substrate as follows: 1. Prime surface of concrete deck with asphalt coal-tar primer at a rate of 3/4 gal./100 sq. ft. (0.3 L/sq. m) and allow primer to dry. 2. Set each layer of insulation in a solid mopping of hot roofing asphalt coal-tar pitch, 3. Set each layer of insulation in a cold fluid-applied adhesive. G. Mechanically Fastened Insulation: Install each layer of insulation and secure to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type. H. Mechanically Fastened and Adhered Insulation: Install each layer of insulation and secure first layer of insulation to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type. 1. Install subsequent layers of insulation in a solid mopping of hot roofing asphalt coal-tar pitch. 2. Install subsequent layers of insulation in a cold fluid-applied adhesive. BUILT-UP COAL TAR ROOFING 075116- 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 I. Install cover boards over insulation with long joints in continuous straight lines with end joints staggered between rows. Loosely butt cover boards together and fasten to roof deck. 3.3 ROOFING MEMBRANE INSTALLATION A. Install built-up roofing membrane system according to roofing system manufacturer's written instructions and applicable recommendations of ARMA/NRCA's "Quality Control Guidelines for the Application of Built-up Roofing." B. Where roof slope exceeds 112 inch per 12 inches (1:24), install sheets of built-up roofing membrane parallel with slope and backnall. C. Coordinate installing roofing system components so insulation and roofing membrane sheets are not exposed to precipitation or left exposed at the end of the workday or when rain is forecast. D. Substrate-Joint Penetrations: Prevent coal-tar pitch or roofing asphalt from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction, E. Loosely lay one course of sheathing paper, lapping edges and ends a minimum of 2 inches (50 mm) and 6 inches (150 mm), respectively. F. Install one lapped course of base sheet, extending sheet over and terminating beyond cants. Attach base sheet as follows: 1. Mechanically fasten to substrate. 2. Spot- or strip-mop to substrate with hot roofing asphalt. 3. Adhere to substrate in a solid mopping of hot roofing asphalt. G. Install four ply sheets starting at low point of roofing system. Align ply sheets without stretching. Shingle side laps of ply sheets uniformly to achieve required number of plies throughout thickness of roofing membrane. Shingle in direction to shed water. Extend ply sheets over and terminate beyond cants. 1. Embed each ply sheet in a solid mopping of hot coal-tar pitch. H. Composite Roofing Membrane: Install one lapped coal-tar, glass-fiber felt ply sheet course over shingled organic felt ply sheets according to roofing system manufacturer's written instructions, starting at low point of roofing system. Offset laps from laps of preceding ply sheets and align ply sheet without stretching. Lap in direction to shed water. Embed ply sheet in a solid mopping of hot coal-tar pitch applied at rate required by roofing system manufacturer. Extend ply sheet over and terminate beyond cants, I. Aggregate Surfacing: Promptly after installing and testing roofing membrane, base flashing, and stripping, flood-coat roof surface with 70 lb/100 sq. ft, (3.5 kg/sq. m) of hot coal-tar pitch. While flood coat is hot and fluid, cast the following average weight of aggregate in a uniform course: 1. Aggregate Weight: 300 lb/1 00 sq. ft. (15 kg/sq. m). BUILT-UP COAL TAR ROOFING 075116-6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 J. Walkway Pads: Install walkway pads using units of size indicated or, if not indicated, of manufacturers standard size according to walkway pad manufacturers written instructions. 1 Sweep away loose aggregate surfacing and set walkway pads in additional flood coat of hot coal tar. 3.4 FLASHING AND STRIPPING INSTALLATION A. Install base flashing over cant strips and other sloping and vertical surfaces, at roof edges, and at penetrations through roof, and secure to substrates according to roofing system manufacturer's written instructions. B. Extend base flashing up walls or parapets a minimum of 8 inches (200 mm) above roofing membrane and 4 inches (100 mm) onto field of roofing membrane. C. Mechanically fasten top of base flashing securely at terminations and perimeter of roofing. D. Install stripping, according to roofing system manufacturers written instructions, where metal flanges and edgings are set on built-up roofing. END OF SECTION 076116 BUILT-UP COAL TAR ROOFING 075116 - 7 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 076200 MODIFIED BITUMEN ROOFING PART I GENERAL 1.1 SECTION INCLUDES A. Anchor Sheet, Base Sheet, Interply Sheets and Roofing Membrane. B. Flashing Collar(non-metallic), C. Traffic Walkway. D. Flexible (non-metallic) Flashing. E. Rigid Roof Insulation. F. Metal Flashing and Counter flashing. G. Cants. H. Sealant for roof area. 1. Related work in other Sections 1. Section 07050 — Roof Preparation and Removal 1.2 REFERENCE STANDARDS A. ASTM C165 - Measuring Compressive Properties of Thermal Insulation. B. ASTM D41 -Asphalt Primer Used in Roofing and Waterproofing. C. ASTM D312 -Asphalt Used in Roofing. D. ASTM D4601 -Asphalt Coated Glass Fiber Base Sheet Used in Roofing, E. ASTM D5147 - Methods and Testing for Modified Bitumen Roofing Felts. F. FM - Factory Mutual. G. FS— Federal Specifications. H. Florida Building Code Roofing Application Standard (RAS) 150 1.3 QUALITY ASSURANCE A. Roofing Manufacturer. Roofing system and insulation shall consist of materials and components supplied by a single Manufacturer with a minimum of ten (10) years MODIFIED BITUMINOUS ROOFING 075200-1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE P ROJ ECT 11926 successful experience in this type of work for a non-prorated, "single source", No- Dollar-Limit (NDL) Guarantee and responsibility. B. Roofing Contractor: Roofing work shall be performed by a firm certified and approved in writing by the Roofing Manufacturer for specified guarantee and have a minimum five (5) years successful experience in this type of work. C. Pre-installation Conference: Prior to starting roofing work, the Roofing Manufacturer's Representative shall meet with the General Contractor, the Roofing Contractor, the City Engineering Inspector and the Architect at the job site for a start-up review and instruction period, The General Contractor shall record minutes of the meeting and transmit a copy to the Architect. D. Inspection at Completion: Upon completion of the installation, an inspection shall be conducted by an Authorized Technical Representative of the Roofing Manufacturer to verify that the roofing system has been installed to the Roofing Manufacturers most current specifications and details and a written guarantee shall be issued, E. Deviations from Specifications: There shall be NO DEVIATIONS from this specification and the Roofing Manufacturer's approved specification without PRIOR WRITTEN approval of the Architect and the Roofing Manufacturer. F. Codes: The Roofing system and insulation shall comply with all requirements of the Florida Building Code. Any detail condition not specifically covered by drawing detail shall be submitted to the Architect for approval and be acceptable by the manufacturer for all the warranties and guarantees described. G. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.4 SUBMITTALS Submit the following in accordance with Section 01340, "Submittals". Work shall not commence until all submittals have been approved by the Architect, A. Specimen of Roofing Guarantee: Prior to executing s or before as noted. B. Specimen of Sheet Metal Warranty: Prior to executing contracts or before as noted. C. Insulation Layout Shop Drawing and Anchorage: In accordance with the requirements of the Building Code. D. Sheet Metal Details and Anchorage: In accordance with the requirements of the Building Code. E. Miami-Dade Notice of Acceptance: With list of all materials, method of application and spacing patterns of anchors. F. Roofing Manufacturers Product Data: Indicating full compliance with requirements of this section, including installation specifications. Data must be clearly marked to MODIFIED BITUMINOUS ROOFING 075200-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 identify all materials and accessories, which the Roofing Manufacturer approves as being a complete roofing system guaranteed as a "single source" system for compliance with this section. G. Qualification Letter: From the Roofing Manufacturer clearly describing the Roofing Contractor's certification as required under Quality Assurance in this section. H. Certification Letter: From the Roofing Manufacturer certifying that all materials meet or exceed specified requirements and guarantee. I Twenty-four (24) Hour Telephone Number: Provide the Architect with a twenty-four (24) hour telephone number in case a problem arises after working hours during the course of construction. J. Watertight Letter: From the Roofing Contractor explaining how the building will remain watertight during the entire roofing replacement operation. K. Guarantee and Maintenance Requirements: 1. Provide a complete list of ongoing maintenance procedures. 2. Provide a list of telephone numbers, procedures and persons to contact should a leak or damage occur. L. Samples: 1. Three (3) inch x five (5) inch samples of the roofing and flashing sheets. 2. Samples of exact anchoring devices to be used. 3. Twelve (12) inch long samples of exact sheet metal pieces to be used. 4, Full size sample of exact metal emergency overflow scupper to be used. 1.6 DELIVERY, HANDLING AND STORAGE A. Delivery: Deliver to the job site all materials in quantities required to allow continuity of application. All materials to be in the Manufacturer's original undamaged containers, wrappings and/or boxes bearing legible Manufacturer's identifying marks (i.e., material name, instructions, lot numbers and similar information) and approved testing agency labels. B. Storage: Store materials out of direct exposure to the elements and in accordance with Section 01610, "Delivery, Handling, and Storage." 1 Store all roofing materials on pallets off the ground by not less than four (4) inches, in a dry location, with a weather protective covering properly tied down. Use a "bre athe blem type covering such as a canvas tarpaulin. Polyethylene, plastic or other"non-breath able" coverings are not acceptable. 2. Store rolled goods on end. Do not double stack, 3. Store roof materials on roof deck in a manner so as to preclude overloading of deck and building structure. 4. Protect materials from damage. 5. Store materials such as solvents, adhesives and asphalt cutback products away from open flames, sparks or excessive heat. MODIFIED BITUMINOUS ROOFING 075200-3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Handling: Handle all materials in such a manner as to preclude damage and contamination with moisture or foreign matter. Handle rolled goods to prevent damage to edges or end. D. Damaged Material: Materials that are found to be damaged or stored in any manner other than stated above will be rejected, removed and replaced at the Contractor's expense. E. Stored Material: The City will not pay for stored material. 1.6 ENVIRONMENTAL REQUIREMENTS A. Precipitation: Do not install roofing materials when moisture, in any form, is present on the substrate to which the roofing materials are to be applied, when foaming of hot asphalt occurs, during precipitation or if there is a probability of precipitation during application. Take precautions to ensure that applied roofing and building materials are protected from possible moisture damage or contamination. B. Asphalt Temperature Restrictions: Special precautions shall be taken to ensure that the specified asphalt maintains a minimum acceptable four hundred twenty-five (425) degrees Fahrenheit (with a target temperature of four hundred fifty (450) degrees Fahrenheit) at the point of sheet application. Asphalt shall not be heated over five hundred (500) degrees Fahrenheit at the kettle. 1.7 GUARANTEES AND WARRANTIES A. Roofing System and Insulation Guarantee: Roofing system and insulation shall be non-prorated, msingle source," No-Dollar-Limit (NL) guaranteed, in a single document, against leaking by the Roofing Manufacturer and Certified Applicator for a period of not less than ten (10) years from the date of acceptance. The guarantee shall be issued at no additional cost to the City. B. Sheet Metal Warranty: The Roofing Contractor shall provide a five (5) year warranty on all new sheet metal. On the Roofing Contractor's letterhead, provide the following information and/or statements: 1. Address the letter to the City of Fort Lauderdale, 100 North Andrews Avenue, Fort Lauderdale, Florida, 33302. 2. RE: Five (5) Year Leak Service Warranty on Sheet Metal Wok 3. Identify the work by the Project Number, the Project's Name and the street address as noted on these specifications. 4. This letter is to serve as notification of our service warranty covering the sheet metal work, fasteners and installation on the above noted Project without further cost to the City, as follows: 5. This warranty period starts from the date of contract completion and acceptance by the City of Fort Lauderdale and runs for a five (5) year period from the acceptance date. MODIFIED BITUMINOUS ROOFING 075200-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 6. This warranty covers joint separation, leakage at respective joints of metal and visible detachment due to expansion at respective wood nailers and/or at other metal flashing attachments. T At any time during the life of the warranty, upon proper notice in writing by a City Representative, our firm will respond and repair any and all defects in the sheet metal flashing material, workmanship or any defects that may be attributable to sheet metal work installed by our firm. 8. Any alteration, attachment of objects or items to our work by others is not part of this service warranty and will void any and all warranty coverage by our firm. 9. Signed, notarized, name of signer, title and date. PART 2 PRODUCTS 2.1 MANUFACTURER A. Roofing System and Insulation: GAF Material Corporation, RUBEROID 1-3-1-MGP, modified bitumen roofing system with Flashing Design 2XMM for installation over AFT Isotherm Isotherm and Tapered Isotherm insulation, complete with all accessories as approved by the Roofing Manufacturer to comply with a Class "B" fire classification, the Building Code, the Miami-Dade Notice of Acceptance and the specified non-prorated, "sin le 4single source', NDL guarantee, B. Alternate Manufacturers of the similarSBS Modified Bitumen system specified above may be considered by the Architect if he considers the alternate manufacturers' product to be acceptable. The roof system components, warranties, guarantees and accessories as specified must be substantially the same to be considered. 2.2 ROOFING SYSTEM A. Anchor Sheet: GAF Materials Corporation, GAFGLAS#75 Base Sheet, complying with ASTM D-4601, Type 11. B. Base Sheet: GAF Materials Corporation, GAFGLAS STRATAVENT Eliminator Perforated Venting Base Sheet, complying with ASTM D4897 Type 11. C. Interply Sheet: GAF Materials Corporation, GAFGLAS FlexPly 6 Ply Felt, complying with ASTM D-2178 Type V1. D. Roofing Membrane: GAF Materials Corporation, RUBEROID MOP PLUS (white granules), complying with ASTM. D-6164, Type 11, Grade G. EStrip Flashing (Flashing Collar): GAF Materials Corporation, RUBEROID MOP PLUS (white granules), complying with ASTM D-6164, Type 11, Grade G. F. Traffic Walkway: 1 First Ply: GAF Materials Corporation, RUBEROID MOP (SMOOTH), complying with ASTM D-6164, Type 1, Grade S. MODIFIED BITUMINOUS ROOFING 075200-5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Second Ply (Surface Ply): GAF Materials Corporation, RUBEROID MOP PLUS (white granules), complying with ASTM 0-6164, Type 11, Grade G. G. Flexible (non-metallic) Flashing: 1 First Ply: GAF Materials Corporation, RUBEROID MOP (SMOOTH), complying with ASTM D-6164, Type 1, Grade S. 2. Second Ply (Top Ply): GAF Materials Corporation, RUBEROID MOP PLUS (white granules), complying with ASTM D-6164, Type 11, Grade G. H. Rigid Roof Insulation: 1. Flat Board: GAF Materials Corporation, GAFTEMP isotherm, complying with ASTM C1289/FS HH-1-972, Class 1. NOT acceptable are board materials that deteriorate if submerged in water. Fiberboard or Perlite is NOT acceptable. 2. Tapered Board: GAF Materials Corporation, GAFTEMP Tapered Isotherm, complying with ASTM C1289/FS HH-1-972, Class 1. NOT acceptable are board materials that deteriorate if submerged in water. Fiberboard or Perlite is NOT acceptable. 3. Cricket Areas: GAF Materials Corporation, GAFTEMP Tapered Isotherm, complying with ASTM C12891FS HH-1-972, Class 1. NOT acceptable are board materials that deteriorate if submerged in water. Fiberboard or Perlite is NOT acceptable. 4. Thickness: As indicated on drawings. 5. Insulation boards installed in hot asphalt shall have a maximum panel size of four(4) feet by four(4) feet. 2.3 ROOFING ACCESSORIES A. Asphalt: GAF Materials Corporation, Steep Roofing Asphalt Type IV complying with ASTM D-312. B. Bituminous Cutback Materials: 1. Primer: GAF Materials Corporation, Asphalt/Concrete Primer, complying with ASTM D-41. 2, Mastic: GAF Materials Corporation, RUBEROID Modified Flashing Cement, complying with ASTM D-4586, Type I. C. Metal Flashing and Counter flashing: 1. Sheet Metal Flashing: Twenty-four(24) gauge stainless steel, unless otherwise noted. Fabricated in accordance with the "Architectural Sheet Metal Manual" published by the Sheet Metal and Air Conditioning Contractors National Association, Inc., "The NRCA Construction Details" published by the National Roofing Contractors Association, the Building Code and the Roofing Manufacturer's recommendations. 2. Metal Drip Strip: .050" aluminum with three and one-half (3-1/2) inch flange and Kynar 500 finish to match existing metal roofing. Stainless steel .020" may be considered in some applications. 3. Continuous Metal Cleat: .060" aluminum. MODIFIED BITUMINOUS ROOFING 075200-6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 4. Wall Counter flashing: Fry Reglet Corporation, .020" stainless steel, Type SM, Surface Mounted, Springlock Reglet and .020" stainless steel, Springlock Flashing as required to comply with the Building Code and the Miami-Dade Notice of Acceptance. Reglet and flashing shall have factory formed end laps and factory mitered and welded corners. 5. Roofing Penetration Flashing: a) Connected Items: This system shall be used only where the penetrating it does not allow flashing to be slipped over. S. .C. Industries, twenty-six (26) gauge, stainless steel flashing system PUD, P/D, C/D, SQT/0, RT/D, H/D, CH/D, IID, A/D or U/D with standard accessory sealant cover. Size and type as required to fit penetrating item. b) Disconnected and/or New Items: This system shall be used only where the penetrating item will allow flashing to be slipped over. S. .C. Industries, twenty-six (26) gauge, stainless steel flashing system PUS, PIS, CIS, SQT/S, RT/S, H/S, IS, IIS, A/S or UIS with standard accessory sealant cover. Size and type as required to fit penetrating item. 6. Metal Coping Cap. MM Systems Corporation, Aluminum Snap-Lok Coping System with factory fabricated accessories such as mitered and welded corners and transitions. Coping, corners, transitions and splice plates shall have a Kynar 500 finish to match existing metal roofing. Style and gauge as required to fit existing parapets and to comply with the Building Code and the Miami- Dade Notice of Acceptance. 7. Plumbing Vents: Custom sized to fit existing vent pipes, one piece, two and one-half (2.5) pounds per square foot lead pipe flashing with minimum four (4) inch flange on roofing. Provide vent pipe extensions as required. 8. Roof Drains: Thirty (30) inches square, four (4) pounds per square foot lead flashing. Provide all new roof drain dome, screen ring clamp ring and all other damaged or missing parts for the existing roof drains to remain. D. Pipe Mounting Pedestal: Roof Products & Systems Corporation, RPS Pipe Mounting Pedestal with equipment rail, slide rail and pipe roller assembly. Roller size as required to fit pipe. E. Sealant: A single component, high performance, elastomeric sealant. Sonolastic NP 1 by Sonneborn Building Products; Minneapolis, MN, ASTM C920, FS TTS 00230 Type 11 C. F. Granules: GAF Materials Corporation, MINERAL SHIELD Granules. Mineral granules shall be of the same color as the granule surfacing of the roofing membrane. G. Cants: The same material as the insulation, closed cell type, one and one-half (1-1/2) inch minimum thickness. NOT acceptable are or materials that deteriorate if submerged in water. Fiberboard or Perlite is NOT acceptable. H. Anchor Sheet Fasteners: Provide anchor sheet fasteners in accordance with the Roofing Manufacturer's instructions to comply with the Building Code and the Miami- Dade Notice of Acceptance. MODIFIED BITUMINOUS ROOFING 075200-7 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 PART 3 EXECUTION 3.1 PREPARATION A. Existing Conditions: Prior to commencing work, visit the job site and verify all conditions that may in any way affect or prevent the proper execution of the work of this section and notify the City Engineering Inspector in writing. Do not proceed with any work until unsatisfactory conditions have been corrected in an acceptable manner. B. Existing Deck: Verify that the roof deck is dry, sound, clean and smooth, free of depressions, waves or projections. The Contractor shall survey the roof with the City Engineering Inspector to identify depressions, waves and projections. The Contractor shall fill in all voids and dips to prevent ponding, compensate any high spots and seal around all roof deck penetrations with metal bitumen dams. C. Sweep or vacuum all surfaces, removing foreign substances prior to commencement of roofing. D. Beginning of'installation means acceptance of the surface of the substrates only. E. Existing building shall be kept watertight throughout the project's progress. The Contractor shall only remove and replace with new as much roofing as can be completed in one (1) working day. The Contractor shall provide a temporary watertight seal between existing roofing and new roofing at the end of each day. 3.2 SUBSTRATE PREPARATION A. Primer (Asphalt/Concrete Primer): Completely prime all masonry, concrete and metal surfaces with asphalt1concrete primer where insulation or roofing membranes are to be adhered. Primer shall be applied at the rate of one (1) to two (2) gallons per square or as required by the primer manufacturer. Allow the primer adequate time to dry. B. Anchor Sheet Application (GAFGLAS #75): Lay the anchor sheet over entire area to be roofed. Provide side laps of at least two (2) inches, end laps of at least six (6) inches and turn up vertical surfaces at least six (6) inches. Anchor to deck in accordance with the Roofing Manufacturers instructions to comply with the Building Code and the Miami-Dade Notice of Acceptance. Comply with (RAS) 150 Table 1 for mechanical attachment. C. Insulation Application (GAFTEMP Isotherm and GAFTEMP Tapered Isotherm): Install four (4) foot by four (4) foot maximum insulation boards snug (do NOT kick into place) with staggered board joints in a full and uniform mopping of approved asphalt applied within the EVT range at the rate of twenty (20) to forty (40) pounds per square. Stagger the joints of each additional layer by as much as possible in relation to the insulation joints in the layer(s) below (minimum six (6) inch stagger) to eliminate continuous vertical gaps. At Tapered insulation and Cricket areas, all hip and valley panels must be mitered. Laced valleys are NOT acceptable. Construct to facilitate prompt and complete removal of water off of the roof deck. Apply in accordance with the Insulation Manufacturer's instructions to comply with the (RAS) 150 and the Miami- Dade Notice of Acceptance. MODIFIED BITUMINOUS ROOFING 0752008 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Cant Strips (GAFTEMP Isotherm). Set closed cell type cants in a full mopping of approved asphalt. 3.3 ROOFING MEMBRANE INSTALLATION A. Aesthetic Considerations. An aesthetically pleasing overall appearance of the finished roofing application is a standard requirement for this project. The Contractor shall make necessary preparations, utilize recommended application techniques, apply the specified materials (i.e. granules, etc.) and exercise care in ensuring that the finished application is acceptable to the Architect. B. Roofing Application: Apply roofing in accordance with the Roofing Manufacturer's instructions to comply with (RAS) 150 and the Miami-Dade Notice of Acceptance. Application of roofing shall immediately follow application of insulation as a continuous operation. Coordinate installation of all roof related components prior to installing roofing membrane. Start the installation of all roofing plies at the low point of the roof. Cut out all manufacturing fabricated splices. Apply sheets smoothly without wrinkles, creases or fish mouths. 1. Base Sheet Application (GAFGLAS ST TAUNT Eliminator Perforated): Roll base sheet out dry, granule surface down, directly over insulation. Provide side laps of at least two (2) inches and end laps of at least four (4) inches. Stagger end laps of successive courses at least eighteen (18) inches apart. Provide perimeter venting by running the base sheet twelve (12) inches up vertical surfaces (unless detailed otherwise). 2. Interply Sheet Application (GAFGLAS FlexPly 6): Install interply sheets in a full mopping of approved asphalt applied within the EVT range at the rate of twenty (20) to forty (40) pounds per square. Install starter strips of nine and seven- eighths (9-7/8) inch and twenty-nine and one-half (29-1/2) inch widths. Apply remaining plies of full thirty-nine and three-eighths (39-3/8) inch width with a maximum seven and seven-eighths (7-7/8) inch exposure, applied shingle style. Stagger end laps of successive courses at least eighteen (18) inches apart. Interply sheets toextend at least two (2) inches above cant. Laps shall have three-eighths (3/8) inch asphalt flow out to assure sound laps. 3. Roofing Membrane Application (RUBEROID MOP PLUS): Install roofing membrane in a full mopping of approved asphalt applied at a rate of twenty-five (25) pounds per square, plus or minus fifteen (15) percent.' Exert sufficient pressure on the roll during application to ensure the prevention of air pockets. Provide side laps of at least four (4) inches and end laps of at least six (6) inches. Stagger end laps of successive courses at least eighteen (18) inches apart. Membrane toextend at least two (2) inches above cant. Laps shall be rolled-in or walked-in immediately after installation and shall have three-eighths (3/8) inch asphalt flow out to assure sound laps, Broadcast mineral granules over all asphalt overruns on the roofing membrane surface, while the asphalt is still hot, to ensure a monolithic surface color. C. Base Flashing Application: Apply base flashing in accordance with the Roofing Manufacturer's instructions to comply with (RAS) 160 and the Miami-Dade Notice of Acceptance. Application of base flashing shall immediately follow application of roofing membrane as a continuous operation, Start the installation of all base flashing plies at MODIFIED BITUMINOUS ROOFING 075200-9 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 the low point of the roof. Cut out all manufacturing fabricated splices. Apply sheets smoothly without wrinkles, creases or fish mouths. 1 First Ply (MOP SMOOTH): Install first ply to roofing membrane, cant and vertical surface in a solid mopping of hot asphalt applied at the rate of twenty- five (25) pounds per square, plus or minus fifteen (15) percent. Lap adjacent sheets at least six (6) inches. First ply to extend at least six (6) inches onto roofing membrane and twelve (12) inches up vertical surfaces (unless detailed otherwise). Laps shall have three-eighths (3/8) inch asphalt flow out to assure sound laps. 2. Second Ply (Top Ply) (RUBEROID MOP PLUS): Install second ply to the first ply and roofing membrane in a solid mopping of hot asphalt applied at the rate of twenty-five (25) pounds per square, plus or minus fifteen (15) percent. Lap adjacent sheets at least six(6) inches. Second ply laps shall offset first ply laps by at least six (6) inches. Second ply to extend at least six (6) inches onto roofing membrane pass the first ply and twelve (12) inches up vertical surfaces (unless detailed otherwise). Laps shall have three-eighths (3/8) inch asphalt flow out to assure sound laps. Broadcast mineral granules over all asphalt overruns on the second ply surface, while the asphalt is still hot, to ensure a monolithic surface color. 3. Fastening: Top edge of base flashing shall be fastened through one and one- half (1-1/2) inch diameter, twenty-four (24) gauge galvanized metal compression caps or a City Architect approved equal. Fasten at six (6) inches on center for heights up to twelve (12) inches. Fasten at four (4) inches on center for heights up to twenty-four(24) inches. D. Water Cut-Off: At the end of each day's work and/or when precipitation is imminent, construct a water cut-off at all open edges in accordance with the Roofing Manufacturer's recommendations. Water cut-off shall be built using asphalt or mastic and roofing felts. Construct to withstand protracted periods of service. Water cut-off shall be completely removed prior to the resumption of roofing. 3.4 INSTALLATION OF ROOF RELATED COMPONENTS Unless otherwise approved in writing by the Architect and the Roofing Manufacturer, incorporate flanged components into the system between roofing membrane and strip flashing. The flange shall be primed with a uniform coating of primer and allowed to dry. All flanges shall be set in mastic. A. Metal Drip Strip: Completely prime metal flange and allow to dry prior to installation. After the base sheet and interply sheets have been installed, solidly mop strip flashing of sufficient width to extend completely under the flange and six (6) inches onto the roofing. Provide continuous cleat at drip strip where drip exceeds four (4) inches in height. Secure cleat to nailer with one and one-quarter (1-1/4) inch, stainless steel, ring-shanked roofing nails at twelve (12) inches on center. Set the drip strip flange in a troweling of mastic and stagger nail at three (3) inches on center with one and one- quarter (1-1/4) inch, stainless steel, ring-spanked roofing nails. Install in ten (10) foot lengths with six (6) inch laps. The interior of the metal shall be coated with mastic at laps. No two (2) laps closer than five (5)feet. Notch bottom and crimp top to lock laps. The roofing membrane shall then be applied, terminating at the gravel stop rise of the drip strip. MODIFIED BITUMINOUS ROOFING 075200-10 ANNUAL ROOFING REPAIRREPLACEMENT CITY-WIDE JECT 11926 B. Metal Coping Cap: Attach continuous anchor plate to top of parapet in accordance with the Manufacturer's written instructions to comply with the Building Code and the Miami-Dade Notice of Acceptance. Snap coping onto anchor plate. Coping counterflshing to extend a minimum of four O inches below the anchorage at the top of the base flashing. Install in full twelve (1 ) foot lengths with concealed six (6) inch wide sealed splice plates. No two ( ) splices closer than six ( ) feet. No exposed fasteners. C. Metal Counter flashing: Provide continuous bead of sealant in recess prior to attaching reglet in a uniform line at about ten (1 ) inches above the cant strip using factory supplied seven-eighths (718) inch stainless steel drive pins with neoprene washers. Snap counterflashing into reglet. Counter flashing to extend a minimum of four O inches below the anchorage at the top of the base flashing. Install in full ten (10) foot lengths with one (1) inch laps at reglet and four ( ) inch mastic sealed laps at counterflshin . No two (2) laps closer than five O feet. Provide continuous bead of sealant along top edge between stucco and reglet. Installation to comply with the Building Code and the Miami-Dade Notice of Acceptance, D. Lead Pipe Flashing: After the roofing membrane has been installed, embed the primed lead flanges in a full bed of mastic and roll lead flashing one (1) inch down into pipe. Top of all plumbing vents shall be a minimum of eight (8) inches above roofing membrane. Provide extensions as required. Strip in the flange with a flashing collar sufficiently wide enough to cover the entire flange width and to extend eight (8) inches past the edge of the flange onto the roofing membrane using mastic. A three-eighths (318) inch flow out of mastic is required. The roofing membrane shall terminate at the rise of the lead pipe flashing. Broadcast mineral granules over mastic flow out on the roofing membrane surf to'ensure a monolithic surface color. With a cant of mastic, seal flashing collar around lead pipe flashing. E. Roofing Penetration Flashing: 1, Connected Roofing Penetration Item: After the roofing membrane has been installed, mate shop fabricated half sections of base sleeve together around penetrating item and solder vertical and horizontal seams watertight. Embed the primed flashing flange in a full bed of mastic. Using mastic, strip in the flange with a flashing collar sufficiently wide and long enough to cover the entire flange and to extend eight (8) inches past the edge of the flange onto the roofing membrane. A three-eighths (318) inch flow out of mastic is required. The flashing collar shall terminate at the rise of the base sleeve. Broadcast mineral granules over mastic flow out on the roofing membrane surface to ensure a monolithic surface color. With a cant of mastic, seal flashing collar around base sleeve. Using a solvent with a rapid evaporation rate and leaving no residue, clean area of penetrating item directly above base sleeve. Wrap a single layer of one-quarter (114) inch to three-eighths (318) inch by one (1) inch wide closed cell foam tape around penetrating item one-quarter (114) inch above top of base sleeve. Wrap counterflashing around base sleeve one- quarter (114) inch above top of tape and solder vertical seam watertight. Apply sealant into channel and tool for positive runoff. Apply sealant cover directly above sealant. 2. Disconnected and/or New Roofing Penetration Item: After the roofing membrane has been installed, slide the flashing unit over the penetrating item. Embed the primed flashing flange in a full bed of mastic. Using mastic, strip in MODIFIED BITUMINOUS ROOFING 075200-11 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 the flange with a flashing collar sufficiently wide and long enough to cover the entire flange and to extend eight(8) inches past the edge of the flange onto the roofing membrane. A three-eighths (3/8) inch flow out of mastic is required. The flashing collar shall terminate at the rise of the base sleeve. Broadcast mineral granules over mastic flow out on the roofing membrane surface to ensure a monolithic surface color. With a cant of mastic, seal flashing collar around base sleeve. Using a solvent with a rapid evaporation rate and leaving no residue, clean area of penetrating item directly above base sleeve. Wrap a single layer of one-quarter (1/4) inch to three-eighths (318) inch by one (1) inch wide closed cell foam tape around penetrating item one-quarter (1/4) inch above top of base sleeve. Wrap counterflashing around base sleeve one- quarter (1/4) inch above top of tape and solder vertical seam watertight. Apply sealant into channel and tool for positive runoff. Apply sealant cover directly above sealant. F. Pipe Mounting Pedestal: Completely prime the metal flanges and allow to dry prior to installation. Space pedestals at a distance to prevent sagging of the pipekonduit and to prevent the pipe/conduit from coming into contact with the roofing membrane. Set the flange in a troweling of mastic over completed roofing system. Install base flashing in accordance with specifications. G. Pitch Pans: Pitch pans shall NOT be used in lieu of any other penetration flashing and if deemed absolutely necessary, shall require prior approval in writing by the City Architect and the Roofing Manufacturer. H. Roof Drains: Completely prime the lead flashing and allow to dry prior to installation. After the base sheet and interply sheets have been installed, solidly mop flashing collar of sufficient width to extend completely under the lead flashing and six (6) inches onto the roofing. Set the lead flashing in a troweling of mastic. The roofing membrane shall then be applied, terminating at the inside edge of the roof drain clamping ring. Install new metal dome, screen ring, clamp ring and all other damaged, deteriorated or missing parts. I. Traffic Walkway: Cut walkway plies into maximum ten (10) foot lengths if placing parallel to roof slope and three (3) foot lengths if placing perpendicular to roof slope. Allow plies to relax until flat. Use a spacing of eight (8) inches between walkways to allow for drainage. Install both the first ply of walkway to the roofing membrane and the second ply to the first ply in a solid mopping of hot asphalt applied at a rate of twenty five (25) pounds per square, plus or minus fifteen (115) percent. Apply both plies smoothly without wrinkles, creases or fish mouths. J. Caulk all exposed finish ply edges at drip strips, vent stacks, and similar items with a smooth continuous bead of approved sealant. 3.6 FIELD QUALITY CONTROL AND INSPECTIONS A. Site Condition: Leave all areas around job site free of debris, roofing materials, equipment and related items after completion of job. MODIFIED BITUMINOUS ROOFING 075200-12 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 B. Notification of Completion: Notify the Roofing Manufacturer by means of Manufacturer's printed Notification Of Completion form of job Completion in order to schedule a final inspection date. C. Final Inspection: 1. Post-installation Meeting: Hold a meeting at the completion of the project, attended by all parties that were present at the pre job conference. The Contractor and the Roofing Manufacturees Representative shall compile a punch list of items required for completion. Complete, sign and mail the punch list form to the Roofing Manufacturer's headquarters. 2. Drain Verification: At final inspection of all work, verify that all drains, scuppers, and similar items are functioning properly. Ensure that roof drains have adequate strainers. 3. Issuance of the Guarantee: Complete all Post installation procedures and meet the Roofing Manufacturer's final endorsement of issuance of the specified guarantee. END OF SECTION 076200 MODIFIED BITUMINOUS ROOFING 075200-13 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 076323 ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the installation of a mechanically fastened roofing membrane (EPDM) system including insulation board to the existing 'Zonolite' concrete deck system. The work includes removal of existing roofing membrane system down to, the existing 'Zonolite' deck. Before removal of the existing PVC system, the contractor is to coordinate equipment reinstallation and provide new equipment curbs for equipment presently on blacks (per Florida Building Code requirements) for the existing equipment so that the integrity of the new EPDM roofing system is not compromised and all the roof manufacturers recommendations are met. The contractor must have fully inspected the (2) roofing areas before beginning the work. The City of Fort Lauderdale will have the 'Zonolite' tested for asbestos before the re-roofing operations begin. The new EPDM roofing system consists of mechanically fastened EPDM membrane over acceptable substrate board as approved by the manufacturer and Architect. B. Once the asbestos testing has been accomplished by the City of Fort Lauderdale and the area deemed safe, the contractor is to begin and perform a pullout test on the deck following the procedure as outlined by the selected and approved manufacturer. This is to determine that the capacity of the deck (Zonolite) and metal decking conforms to the manufacturer's minimum pull-out criteria. Based on this test the attachment spacing may be increased to provide additional pull-out capacity. Contractor to base this bid on the 9" fastener spacing criteria as indicated and any additional required fasteners will be handled through the change order process. The warranty is based on 100 MPH max wind gusts. 1.2 SUBMITTALS A. Product Data: For each product indicated. B. Shop Drawings: Include plans, elevations, sections, details, and attachments to other Work. C, Samples: For each product included in membrane roofing system. D. Researchlevaluation reports. E. Maintenance data. 1,3 QUALITY ASSURANCE A. Installer Qualifications: A qualified firm that is approved, authorized, or licensed by roofing system manufacturer to install manufacturer's product and that is eligible to receive manufacturer's warranty. Contractor to have 10 years minimum experience installing EPDM systems. B. Source Limitations: Obtain components for membrane roofing system approved by roofing membrane manufacturer. ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING 075323- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Fire-Test-Response Characteristics: Provide membrane roofing materials with the fire-test- response characteristics indicated as determined by testing identical products per test method below by UL, FIVIG, or another testing and inspecting agency acceptable to authorities having jurisdiction. 1. Exterior Fire-Test Exposure: Class A: ASTM E 108, for application and roof slopes indicated. D. Preinstallation Conference. Conduct conference at location to be determined. E. Roofing and installation shall meet all Florida Building Code requirements for Category 2, exposure 'C', 140 MPH conditions. Warranty is based on 100 MPH maximum wind. The roof shall be certified to withstand the following pressures, calculated in accordance with ASCE 7-02: Field of roofs=-54.3 psf; Perimeter of roofs=-91.7 psf; Roof corns rs=1 37 psf. F. The installation shall conform to FBC (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.4 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturers written instructions and warranty requirements. B. Schedule and execute work to prevent leaks and excessive traffic. C. Contractor to be responsible for all sanitary accommodations for workers. 1.6 WARRANTY A. Special Warranty: Manufacturer's standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of membrane roofing system that fail in materials or workmanship within specified warranty period. Failure includes roof leaks. 1. Warranty Period: 15 years from date of Substantial Completion. Submit sample of warranty before work begins and (2) copies of warranty upon completion. 2. Submit letter of certification from manufacturer which certifies the roofing contractor is authorized to install the roof system. PART2 - PRODUCTS 2.1 EPDM ROOFING MEMBRANE A. EPDM Roofing Membrane., ASTIVI D 4637, 60 mil, .060 inch, Type 11, scrim or fabric internally reinforced uniform, flexible sheet made from EPDM, and as follows: 'Sure Seal' as manufactured by Carlisle. System shall have U.L. Class A rating: 1. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the manufacturers specified, 2. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. a. Carlisle SynTec Incorporated, 'Sure Seal' reinforced. ETHYLENE-PROPYLENE-DIENE- ONO ER (EPDM) ROOFING 075323-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 b. Celotex Corporation. C. ystems. d. Firestone Building Products Company. e. GenFlex Roofing Systems. f. International Diamond Systems. g. Johns Manville International, Inc. h. Mule-Hide Products Co., Inc. i. Protective Coatings, Inc. j. Roofing Products International, Inc. k. Stafast Roofing Products. I. Versico Inc. m. 'GAF'. 3. Thickness: 60 mils, nominal. 4. Exposed Face Color: Black-on-black reinforced. 2.2 SUBSTRATE BOARDS A. Substrate Board: 1" Polyisocyanu rate only as approved by the roofing manufacturer. B. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in FG 4470, designed for fastening substrate panel to roof deck only as approved by the roofing manufacturer. 2.3 AUXILIARY MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with membrane roofing. B. Sheet Flashing: 60-mil thick EPDM, partially cured or cured, according to application. C. Bonding Adhesive: Manufacturer's standard bonding adhesive. D. Seaming Material: Single-component butyl splicing adhesive and splice cleaner] or [Manufacturer's standard synthetic-rubber polymer primer and 3-inch- (75-mm-) wide minimum, butyl splice tape with release film as approved by the roofing manufacturer. E. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion- resistance provisions in FMG 4470, designed for fastening membrane to substrate, and acceptable to membrane roofing system manufacturer. Fastening shall be with 10' sheets and minimum 9" o.c., 6" at perimeter and corners or as approved by the manufacturer to meet warranty and pull-out requirements. Insulation board to be fastened with min. 3" FM approved plates. F. Miscellaneous Accessories: Provide lap sealant, water cutoff mastic, metal termination bars, pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T-joint covers, in-seam sealants, termination reglets, cover strips, and other accessories. All termination bars, edging and accessories as approved or provided by the manufacturer. ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING 075323- 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2.4 ROOF INSULATION A. Provide 10 polyisocya n u rate board mechanically fastened as determined by the manufacturer. 2.5 WALKWAYS A. -Flexible Walkways: Factory-formed, nonporous, heavy-duty, solid-rubber, slip-resisting, surface-textured walkway pads or rolls, approximately 3/16 inch (5 mm) thick, and acceptable to membrane roofing system manufacturer. PART 3 - EXECUTION 3.1 MECHANICALLY FASTENED ROOFING MEMBRANE INSTALLATION A. Install mechanically fastened roofing membrane in conjunction with the polyisocya n u rate board over area to receive roofing according to roofing system manufacturers written instructions. Unroll roofing membrane and allow to relax '/ hour before installing. B. Start installation of roofing membrane in presence of roofing system manufacturer's technical personnel. C. Accurately align roofing membranes and maintain uniform side and end laps of minimum dimensions required by manufacturer. Stagger end laps. D. Mechanically or adhesively fasten roofing membrane securely at terminations and perimeter of roofing. E. Adhesive Seam Installation: Clean both faces of splice areas, apply splicing cement, and firmly roll side and end laps of overlapping roofing membranes according to manufacturer's written instructions to ensure a watertight seam installation. Apply lap sealant and seal exposed edges of roofing membrane terminations. F. Tape Seam Installation: Clean and prime both faces of splice areas, apply splice tape, and firmly roll side and end laps of overlapping roofing membranes according to manufacturers written instructions to ensure a watertight seam installation. Apply lap sealant and seal exposed edges of roofing membrane terminations. G. Repair tears, voids, and lapped seams in roofing that does not meet requirements. H. In-Splice Aftachment: Secure one edge of roofing membrane using fastening plates or battens centered within membrane splice and mechanically fasten roofing membrane to roof deck. Field-splice seam. I. Through-Membrane Attachment: Secure roofing membrane using fastening plates or battens and mechanically fasten roofing membrane to roof deck. Cover battens and fasteners with a continuous strip. J. Protect job site and provide security. Buildings will be occupied during construction and contractor will be responsible for premises protection and safety. ETHYLENE-PROPYLENE-DIENE-MONOMER (EPDM) ROOFING 075323-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.2 SUBSTRATE BOARD A. Install insulation board (1" polylsocyanurate) per manufacturer of roofing system requirements with long joints in continuous straight lines, perpendicular to roof slopes with end joints staggered between rows. Tightly buff substrate boards together. 1. Fasten insulation board to top flanges of steel deck to resist uplift pressure at corners, perimeter, and field of roof according to membrane roofing system manufacturers' written instructions. 3.3 BASE FLASHING INSTALLATION A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions. B. Apply bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply bonding adhesive to seam area of flashing. C. Flash penetrations and field-formed inside and outside corners with cured or uncured sheet flashing. D. Clean splice areas, apply splicing cement, and firmly roll side and end laps of overlapping sheets to ensure a watertight seam installation. Apply lap sealant and seal exposed edges of sheet flashing terminations. E. Terminate and seal top of sheet flashings and mechanically anchor to substrate through termination bars'. 3.4 WALKWAY INSTALLATION A. Flexible Walkways: Install walkway products in locations indicated. Adhere walkway products to substrate with compatible adhesive according to roofing system manufacturers written instructions. 3.5 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform roof tests and inspections and to prepare test reports. B. Final Roof Inspection. Arrange for roofing system manufacturees technical personnel and Architect to inspect roofing installation on completion and submit report to Architect. All installations, systems and methods shall be approved by the manufacturer to maintain warranties. C. Repair or remove and replace components of membrane roofing system where test results or inspections indicate that they do not comply with specified requirements. D. When completion of flashings and terminations is not achieved by the end of the day, a daily seal must performed to temporarily close the membrane to prevent water infiltration. Use manufacturer's approved methods, END OF SECTION 075323 ETHYLENE-PROPYLENE-DIENE-MONOMER(EPOM) ROOFING 075323- 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 075400 THERMOPLASTIC MEMBRANE ROOFING PART 1 - 1.1 -1.1 SUMMARY A. This Section includes fully adhered membrane white roofing system and fully adhered insulation to structural concrete deck. All LEED requirements and NOA's must be complied with to the satisfaction of the Architect, 1.2 PERFORMANCE REQUIREMENTS A. Energy Performance: Provide roofing system with Solar Reflectance Index not less than 78 when calculated according to ASTM E 1980 based on testing identical products by a qualified testing agency. Insulation thickness must not be less than 4" Polyisocyanurate anywhere on the roof measured from the structural concrete base. 1.3 SUBMITTALS A. Product Data: For each product indicated. B. LEED Submittals: 1. Product Test Reports for Credit SS 7.2: For roof materials, documentation indicating that roof materials comply with Solar Reflectance Index 78 requirements. 2. Product Data for Credit EQ4.1: For adhesives and sealants, including printed statement of VOC content. 3, MRc4 Recycled Content (LEED Form). 4. MRc5 Local and Regional Materials (LEED Form). C. Shop Drawings: Include plans, elevations, sections, details, and attachments to other Work. D. Samples: For each product included in membrane roofing system. E. Research/evaluation reports. F. Maintenance data. 1.4 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer, with a minimum of 5 years installing these products, approved by manufacturer to install manufacturers products. B, Source Limitations: Obtain components for membrane roofing system from or approved by roofing membrane manufacturer. THERMOPLASTIC MEMBRANE ROOFING 075400- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. installer must be capable of extending the Manufacturer's No Dollar Limit guarantee. D. Fire-Test-Response Characteristics: Provide membrane roofing materials with the fire-test- response characteristics indicated as determined by testing identical products per test method below by UL, FMG, or another testing and inspecting agency acceptable to authorities having jurisdiction. 1 Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and roof slopes indicated. E. Preinstallation Conference: Conduct conference at location to be determined. F. The installation shall conform to F (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.5 WARRANTY A. Special Warranty: Manufacturers standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of membrane roofing system that fail in materials or workmanship within 20 years from date of Substantial Completion. Failure includes any roof leaks. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply for product selection: I Available Manufacturers. Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the manufacturers specified. 2.2 THERMOPLASTIC POLYOLEFIN ROOFING MEMBRANE A. Fabric-Reinforced Thermoplastic Polyolefin Sheet: Uniform, flexible sheet formed from a thermoplastic polyolefin, internally fabric or scrim reinforced, and as follows only if the required current NOA's are available: 1. Available Manufacturers: a. Carlisle SynTec Incorporated. b. Firestone Building Products Company. C. GAF Materials Corporation. d. GenFlex Roofing Systems. e. Mule Hide f. Stevens Roofing Systems; Div. of JPS Elastomerics. g. Versico Inc. THERMOPLASTIC MEMBRANE ROOFING 075400-2 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 2. Thickness: 60 mils (1,5 mm), nominal. 3. Exposed Face Color., White must have verified LEED minimum SRI rating of 78 with documentation. 4. Physical Properties: a. Breaking Strength: 225 Ibf(1 kN); ASTM D 751, grab method. b. Elongation at Break: 15 percent; ASTM D 751. C. Tearing Strength: 55 lbf(245 N) minimum; ASTM D 751, Procedure B. d. Brittleness Point: Minus 22 deg F (30 deg C), e. Ozone Resistance: No cracks after sample, wrapped around a 3-inch- (75-mm-) diameter mandrel, is exposed for 166 hours to a temperature of 104 deg F (40 deg C) and an ozone level of 100 pphm (100 mPa); ASTM D 1149. f. Resistance to Heat Aging: 90 percent minimum retention of breaking strength, elongation at break, and tearing strength after 166 hours at 240 deg F (116 deg C); ASTM D 573. g. Water Absorption: Less than 4 percent mass change after 166 hours' immersion at 158 deg F (70 deg C);ASTM D 471. h. Linear Dimension Change: Plus or minus 2 percent; ASTM D 1204. i. Carlisle SynTec Sure-Weld Thermoplastic Polyolefin Membrane: j. Color: White. k. Membrane Thickness: 60 mil nominal. I. Thickness over Scrim: 0.020 inches (0.508mm) +/-10%, M. Field Sheet Dimensions: Width: 10 feet (3.05 m) maximum. Length: 100 feet (30.5 m) maximum. 2.3 AUXILIARY MATERIALS A. General. Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with membrane roofing. 1. Adhesives and sealants that are used inside of the weatherproofing system shall comply with the following limits for VC content when calculated according to 40 CFR 59, Subpart D (EPA Method 24): The adhesives used shall be approved by the manufacturer and be compatible with the approved NOA. a. Plastic Foam Adhesives., 50 g/L. b. Gypsum Board and Panel Adhesives: 50 g/L. C. Multipurpose Construction Adhesives. 70 g/L. d. Fiberglass Adhesives: 80 g/L. e. Contact Adhesives: 80 g/L. f. Plastic Cement Welding Compounds: 350 g/L. 9. PVC Welding Compounds: 510 g/L, h. Other Adhesives: 250 g/L. i. Single-Ply Roof Membrane Sealants: 450 g/L. j. Nonmembrane Roof Sealants: 300 g/L. k. Sealant Primers for Nonporous Substrates: 250 g/L. I. Sealant Primers for Porous Substrates: 775 g/L. THERMOPLASTIC MEMBRANE ROOFING 075400 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11928 B. Sheet Flashing: Manufacturer's standard sheet flashing of same material, type, reinforcement, thickness, and color as TP O sheet membrane. Provide a waterproof, fully adhered base flashing system at all penetrations, plane transitions and terminations 60 Mils thick, as approved by the Manufacturer to maintain warranties. C. Bonding Adhesive- Manufacturer's standard solvent water-based bonding adhesive for membrane, and solvent-based bonding adhesive for base flashings, D. Metal Termination Bars: Manufacturers standard predrilled stainless-steel or aluminum bars, approximately 1 by 1/8 inch (25 by 3 mm) thick; with anchors. E. Metal Battens: Manufacturer's standard aluminum-zinc-alloy-coated or zinc-coated steel sheet, approximately I inch (25 mm)wide by 0.05 inch (1.3 mm) thick, prepunched. F. Miscellaneous Accessories: Provide pourable sealers, preformed cone and vent sheet flashings, preformed inside and outside corner sheet flashings, T-joint covers, termination reglets, cover strips, slip sheet, and other accessories. 2.4 ROOF INSULATION A. Polyisocyan u rate Board Insulation: ASTM C 1289, Type 11, felt or glass-fiber mat facer on both major surfaces as approved by the manufacturer and to conform to NOA. B. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated. 2.5 WALKWAYS A. Flexible Walkways: Factory-formed, nonporous, heavy-duty, solid-rubber, slip-resisting, surface-textured walkway pads or rolls, approximately 3/16 inch (5 mm) thick, and acceptable to membrane roofing system manufacturer. Walkway material shall be heat welded to TPO membrane using an automated heat welder or hand held heat welder. Walkway Rolls are 34 inches (864mm) wide by 60 feet (16.2 M) long and are nominal 120 mils thick. Color-White PART 3 - EXECUTION 3.1 INSULATION INSTALLATION A. Coordinate installing membrane roofing system components so insulation is not exposed to precipitation or left exposed at the end of the workday. B. Comply with membrane roofing system manufacturer's written instructions for installing roof insulation. C. Install one or more layers of insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 2 inches (50 mm) or greater, install 2 or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction. THERMOPLASTIC MEMBRANE ROOFING 075400-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Adhered Insulation: Install each layer of insulation and adhere to substrate as follows: 1. Prime surface of concrete deck with asphalt primer at a rate of 3/4 gal./100 sq, ft. (0.3 L/sq. m) and allow primer to dry. 2. Set each layer of insulation in a solid mopping of hot roofing asphalt, applied within plus or minus 25 deg F (14 deg C) of equiviscous temperature, 3. Set each layer of insulation in a cold fluid-applied adhesive. 3.2 ADHERED ROOFING MEMBRANE INSTALLATION A. Install roofing membrane over area to receive roofing according to membrane roofing system manufacturer's written instructions. Unroll roofing membrane and allow to relax before installing. 1. Install sheet according to ASTM D 5036. B. Bonding Adhesive: Apply low VOC solvent-based bonding adhesive to substrate and underside of roofing membrane at rate required by manufacturer and allow to partially dry before installing roofing membrane. Do not apply bonding adhesive to splice area of roofing membrane. C. Bonding Adhesive: Apply water-based bonding adhesive to substrate at rate required by manufacturer and immediately install roofing membrane. Do not apply bonding adhesive to splice area of roofing membrane. D. Seams: Clean seam areas, overlap roofing membrane, and hot-air weld side and end laps of roofing membrane according to manufacturers written instructions to ensure a watertight seam installation. 1 Repair tears, voids, and lapped seams in roofing membrane that does not meet requirements. 3.3 BASE FLASHING INSTALLATION A. Install sheet flashings and preformed flashing accessories and adhere to substrates according to membrane roofing system manufacturer's written instructions. B. Apply solvent-based bonding adhesive to substrate and underside of sheet flashing at required rate and allow to partially dry. Do not apply bonding adhesive to seam area of flashing. C. Flash penetrations and field-formed inside and outside corners with sheet flashing, D. Clean seam areas and overlap and firmly roll sheet flashings into the adhesive. Weld side and end laps to ensure a watertight seam installation. E. Terminate and seal top of sheet flashings[ and mechanically anchor to substrate through termination bars]. THERMOPLASTIC MEMBRANE ROOFING 075400-5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3.4 WALKWAY INSTALLATION A. Flexible Walkways: Install walkway products in locations indicated. Heat weld walkway products to substrate according to roofing system manufacturer's written instructions. 3.5 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform roof tests and inspections and to prepare test reports. B. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to Architect. C. Repair or remove and replace components of membrane roofing system where test results or inspections indicate that they do not comply with specified requirements. D. All installations and details shall be approved by the manufacturer before installation. Any details not conforming to specific Manufacturer's criteria including warranty and NOA criteria shall be replaced by the contractor at no cost to the owner even if the drawing details show contrary methods. The actual manufacturer shall dictate all specifics and technical criteria and the details shown on the drawings are meant to show design intent and not specifics as to any single or particular manufacturer. However, where the Roof Details show a greater method of protection than the minimum requirements of the selected manufacturer then the contractor shall provide that more stringent or greater protection method according to the final opinion and decision of the Architect. END OF SECTION 076400 THERMOPLASTIC MEMBRANE ROOFING 075400- 6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 SECTION 076100 SHEET METAL ROOFING PART 1 - GENERAL 1.1 SUMMARY A. This Section includes the following manufactured, custom-fabricated Or on-site, roll-formed sheet metal roofing: I. Standing-seam metal roofing. 2. Flat seam Gazebo roofing. 3. Copper Metal Shingles at Gazebo structures. 1.2 PERFORMANCE REQUIREMENTS A. Wind-Uplift Resistance: Capable of resisting a design negative uplift pressure as indicated on Drawings. Provide clips, fasteners, and clip spacings of type indicated and with capability to sustain, without failure, a load equal to 3 times the design negative uplift pressure. B. Wind-Uplift Resistance., Capable of producing sheet metal roofing assemblies that comply with UL 580 for Class 90 wind-uplift resistance. Conform to the Florida Building Code wind pressure requirements, 1 Maintain UL certification of portable roll-forming equipment for duration of sheet metal roofing or . 1.3 SUBMITTALS A. Product Data: For each type of underlayment product indicated. B. Shop Drawings: Show layouts of sheet metal roofing, including plans, elevations, and keyed references to termination points. 1. Include details for forming, joining, and securing sheet metal roofing, including pattern of seams, termination points, expansion joints, roof penetrations, edge conditions, special conditions, connections to adjoining work, and accessory items. C. Samples: For each exposed finish. D. Roll-Forming Equipment Certificate: Issued by L. E. Product test reports. 1.4 QUALITY ASSURANCE A. Installer Qualifications: Fabricator of sheet metal roofing. B. Custom-Fabricated Sheet Metal Roofing Fabricator Qualifications: Shop that employs skilled workers who custom-fabricate sheet metal roofing. SHEET METAL ROOFING 076100- 1 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Roll-Formed Sheet Metal Roofing Fabricator Qualifications: An authorized representative of roll-formed sheet metal roofing manufacturer for fabrication and installation of units. D. Sheet Metal Roofing Standard: Comply with SMACNA's "Architectural Sheet Metal Manual." E. Copper Roofing Standard: Comply with CA's "Copper in Architecture Handbook." 1. Substantial Completion. F. Preinstallation Conference: Conduct conference at location to be determined at contract award. G. The installation shall conform to F (latest edition) RAS, TAS standards for high wind velocity hurricane zones. Contractor shall secure all permitting and inspections. 1.6 WARRANTY A. Special Warranty on Finishes: Manufacturer's standard form in is manufacturer agrees to repair finish or replace sheet metal roofing that shows evidence of deterioration of factory- applied finishes within specified warranty period. 1. Siliconized Polyester Finish Warranty Period: 10 years from date of Substantial Completion. 2. Fluoropolymer Finish Warranty Period: 20 years from date of Substantial Completion. B. Special Installer's Warranty: Specified form in which Roofing Installer agrees to repair or replace components of custom-fabricated sheet metal roofing that fail in materials or workmanship within two years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 ROOFING SHEET METALS A. Metallic-Coated Steel Sheet Prepainted with Coil Coating: Steel sheet metallic coated by the hot-dip process and prepainted by the coil-coating process to comply with ASTM A 755/A 755K 1. Zinc-Coated (Galvanized) Steel Sheet: ASTM A 653/A 653M, G90(Z275) coating designation; structural quality. 2. Aluminum-Zinc Allay-Coated Steel Sheet: ASTM A 792/A 792M, Class AZ50 coating designation, Grade 0(Class AZM150 coating designation, Grade 275); structural quality. 3. Surface: Smooth, flat finish. 4. Thickness: 0.0276 inch(0.7 mm), unless otherwise indicated. 5. Exposed Finishes: a. Siliconized-Polyester Coating: Dry film thickness of not less than 0.2 mil(0.005 mm) for epoxy primer and 0.8 mil(O.02 mm)for topcoat. 1) Color: Match Architect's samples or to match existing for repair. b. High-Performance Organic Finish: Three-coat thermocured system with fluoropolymer coats containing not less than 70 percent polyvinylidene, fluoride resin by weight; complying vAth physical properties and coating performance requirements of AAMA 2605, except as modified below: SHEET METAL ROOFING 076100-2 ANNUAL ROOFING REPAIR AND REPLACEmENT CITY-WIDE PROJECT 11926 1) Humidity Resistance: 2000 hours, 2) Salt-Spray Resistance: 2000 hours. 3) Color: As selected by Architect from manufacturer's full range or to match existing conditions where repair.. C. Factory Prime Coating: it or light-colored, facto ry-ap plied, baked-on epoxy primer coat. B. Aluminum Sheet: Coll-coated sheet, ASTM B 20 (AST B 209M), alloy as standard with manufacturer, with temper as required to suit forming operations and structural performance required, 1. Surface: Smooth, flat finish. 2. Thickness: 0,040 inch(1.0 mm), unless otherwise indicated. 3. Exposed Finishes: a. Siiiconized-Polyester Coating: Dry film thickness of not less than 0.2 mil(0.005 mm) for epoxy primer and 0.8 mil(O.02 mm)for topcoat. 1) Color: Match Architect's samples or match existing conditions. b. High-Performance Organic Finish: Three-coat thermocured system with fluoropolymer coats containing not less than 70 percent polyvinylidene fluoride resin by weight; complying with AAMA 2605. 1) Color: Match Architect's samples or match existing as required. C. Factory Prime Coating: White or light-colored, facto ry-appl led, baked-on epoxy primer coat. C. per Roofing Tiles: ASTM 8 370, cold-rolled copper sheet, HOO temper, unless otherwise indicated. 1 Panel/Tile dimension to match existing panel /tile dimension and style / manufacturer, Solid copper by "Berridge", 'Victorian" Manufacturing Co. (or match existing) to match existing tile finishes. 2.2 UNDERLAYMENT MATERIALS A. Polyethylene Sheet: 6-mil-(0.15-mm-) thick polyethylene sheet complying with ASTM D 4397. B. Felts: ASTM D 226, Type 11 (No. 30), asphalt-saturated organic felts. C. Self-Adhering, Granular-Faced Sheet: ASTM D 1970, 55 mils(1.4 mm) thick minimum, consisting of lass-fiber- at reinforcing and SBS-modffied asphalt, granule faced, with release- paper backing; cold applied. Provide primer when recommended by underlayment manufacturer. D. Self-Adhering, Polyethylene-Faced Sheet: ASTM D 1970, 40 mils(1.0 mm) thick minimum, consisting of slip-resisting polyethylene-film reinforcing and top surface laminated to SBS- modified asphalt adhesive, with release-paper backing; cold applied. 2.3 MISCELLANEOUS MATERIALS A. Fasteners: Self-tapping screws, self-locking rivets and bolts, and other suitable fasteners designed to withstand design loads. SHEET METAL ROOFING 076100 - 3 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 1 Nails for Copper Roofing: Copper, hardware bronze, or Series 300 stainless steel, 0.109 inch(2.8 mm) minimum and not less than 7/8 inch(22 mm) long, barbed with large head, 2. Exposed Fasteners: Heads matching color of sheet metal roofing by means of plastic caps or factory-applied coating. 3. Fasteners for Flashing and Trim: Blind fasteners or self-drilling screws with hex washer head. 4. Blind Fasteners: High-strength aluminum or stainless-steel rivets. B. Sealing Tape: Pressure-sensitive, 100 percent solids, polyisobutylene compound sealing tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape. C. Elastomeric Joint Sealant: ASTM C 920, of base polymer, type, grade, class, and use classifications required to produce joints in sheet metal roofing that will remain weathertight. D. Expansion-Joint Sealant: For hooked-type expansion joints, which must be free to move, provide nonsetting, nonhardening, nonmigrating, heavy-bodied polyisobutylene sealant. Bituminous Coating: Cold-applied asphalt mastic, SSPC-Paint 12, compounded for 15- mil(0.4-mm) dry film thickness per coat. 2.4 ACCESSORIES A. Sheet Metal Roofing Accessories: Provide components required for a complete sheet metal roofing assembly including trim, copings, fasciae, corner units, ridge closures, clips, flashings, sealants, gaskets, fillers, closure strips, and similar items. Match material and finish of sheet metal roofing, unless otherwise indicated. 1. Clips: Minimum 0.0625-inch-(1.6-mm-) thick, stainless-steel panel clips designed to withstand negative-load requirements. 2. Cleats: Mechanically seamed cleats formed from the following material: a. Metallic-Coated Steel Roofing'. 0.0250-inch-(0.65-mm-) thick, stainless-steel or nylon-coated aluminum sheet. 3. Closures: Closed-cell, expanded, cellular, rubber or crosslinked, polyolefin-foam or closed-cell laminated polyethylene; minimum 1-inch-(25- -) thick, flexible closure strips; cut or premolded to match sheet metal roofing profile. Provide closure strips where indicated or necessary to ensure weathertight construction. B. Flashing and Trim: Formed from 0.0179-inch-(0.45-mm-) thick, metallic-coated steel sheet. Provide flashing and trim as required to sea[ against weather and to provide finished appearance. Locations include, but are not limited to, eaves, rakes, corners, bases, framed openings, ridges, fasciae, and fillers. Finish flashing and trim with same finish system as adjacent sheet metal roofing. C. Gutters: Formed from 0.0179-inch-(0.45-mm-) thick, metallic-coated steel sheet. Match profile of gable trim, complete with end pieces, outlet tubes, and other special pieces as required. Fabricate in minimum 96-inch-(2400-mm-) long sections, sized according to SMACNA's "Architectural Sheet Metal Manual." Furnish gutter supports spaced 36 inches(900 mm) o.c., fabricated from same metal as gutters. Provide bronze, copper, or aluminum wire ball strainers at outlets. Finish gutters to match roof fascia and rake trim, SHEET METAL ROOFING 076100-4 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 D. Downspouts: Formed from 0.0179-inch-(0.45-mm-) thick, metallic-coated steel sheet; in 10- foot-(3-m-) long sections, complete with formed elbows and offsets. Finish downspouts to match sheet metal roofing. 2.5 EQUIPMENT A. Portable Roll-Forming Equipment: Manufacturer's standard UL-certified equipment capable of forming sheet metal roofing in profiles indicated. 1 Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 2. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Berridge Manufacturing Company. b. Fabral, Inc, C. Flexospan Steel Buildings, Inc. d. Metal-Fab Manufacturing, LLC, e. Morin Corporation; a Metecno Group Company. 2,6 FABRICATION A. General: Custom fabricate sheet metal roofing to comply with details shown and recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to the design, dimensions (pan width and seam height), geometry, metal thickness, and other characteristics of installation indicated. Fabricate sheet metal roofing and accessories at the shop to greatest extent possible. 1. Standing-Seam Roofing: Form standing-seam pans with finished seam height of 1-1/2 ince (38 mm) or as indicated. B. General: Fabricate roll-formed sheet metal roofing panels to comply with details shown and roll-formed sheet metal roofing manufacturer's written instructions. C. Fabricate sheet metal roofing to allow for expansion in running work sufficient to prevent leakage, damage, and deterioration of the or . For exposed sheet metal work to fit substrates without excessive oil canning, buckling, and tool marks, true to line and levels indicated, and with exposed edges folded back to for hems. 1 Lay out sheet metal roofing so cross seams, when required, are made in direction of flow with higher pans overlapping lower pans. Stagger cross seams. 2. Fold and cleat eaves and transverse seams in the shop. 3. Form and fabricate sheets, seams, strips, cleats, valleys, ridges, edge treatments, integral flashings, and other components of metal roofing to profiles, patterns, and drainage arrangements shown and as required for leakproof construction. D. Metal Protection: Where dissimilar metals will contact each other, protect against galvanic action by painting contact surfaces with bituminous coating, by applying rubberized-asphalt SHEET METAL ROOFING 076100- 5 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 underlayment to each contact surface, or by other permanent separation as recommended by manufacturers of dissimilar metals or by fabricator, E. Sheet Metal Accessories- Custom fabricate flashings and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to design, dimensions, metal, and other characteristics of item indicated. Obtain field measurements for accurate fit before shop fabrication. 2.7 FINISHES A. Copper Shingle Finishes: Mill Brushed satin, CDA M32-06x; clear organic coating as to match existing shingle finish conditions. 1. Clear, Organic Coating: Clear, air-drying, acrylic lacquer; total thickness of 1 mil(0.025 mm) or as per manufacturer of existing roof. PART 3 - EXECUTION 3.1 PREPARATION A. Install flashings and other sheet metal to comply with requirements specified in Division 07 Section "Sheet Metal Flashing and Trim." 3.2 UNDERLAYMENT INSTALLATION A. Polyethylene Sheet Underlayment: Install polyethylene sheet on roof sheathing under sheet metal roofing. Use adhesive for anchorage. Apply at locations indicated on Drawings or existing conditions, in shingle fashion to shed water, with lapped and taped joints of not less than 2 inches(50 mm). B. Felt Underlayment: Install felt underlayment and building-paper slip sheet on roof sheathing under sheet metal roofing. Use adhesive for temporary anchorage. Apply at locations indicated on Drawings or existing conditions, in shingle fashion to shed water, with lapped joints of not less than 2 inches(50 mm). C. Self-Adhering Sheet Underlayment: Install self-adhering sheet underlayment, wrinkle free, on roof sheathing under sheet metal roofing. Comply with temperature restrictions of underlayment manufacturer for installation; use primer rather than nails for installing underlayment at low temperatures. Apply over entire roof at locations indicated on Drawings, in shingle fashion to shed water, with end laps of not less than 6 inches(150 mm) staggered 24 inches(600 mm) between courses. Overlap side edges not less than 3-1/2 inches(90 mm). Extend underlayment into gutter trough. Roll laps with roller. Cover underlayment within 14 days. D. Apply slip sheet over underlayment before installing sheet metal roofing. 3.3 INSTALLATION, GENERAL A. General: Install sheet metal roofing perpendicular to purlins or supports. Anchor sheet metal roofing and other components of the Work securely in place, with provisions for thermal and structural movement. Install fasteners, solder, welding rods, protective coatings, separators, SHEET METAL ROOFING 076100-6 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE P ROJ ECT 11926 sealants, and other miscellaneous items as required for a complete roofing system and as recommended by fabricator for sheet metal roofing. 1. Field cutting of sheet metal roofing by torch is not permitted. 2. Rigidly fasten eave end of sheet metal roofing and allow ridge end free movement due to thermal expansion and contraction. Predrill roofing. 3. Provide metal closures at peaks rake edges rake walls and each side of ridge and hip caps. 4. Flash and seal sheet metal roofing with weather closures at eaves, rakes, and at perimeter of all openings. Fasten with self-tapping screws. 5. Locate roofing splices over, but not attached to, structural supports. Stagger roofing splices and end laps to avoid a four-panel lap splice condition. 6. Lap metal flashing over sheet metal roofing to allow moisture to run over and off the material. B. Fasteners: Use fasteners of sizes that will not penetrate completely through substrate. 1. Steel Roofing: Use stainless-steel fasteners. 2. Aluminum Roofing: Use aluminum or stainless-steel fasteners. 3. Copper Roofing: Use copper, hardware bronze, or stainless-steel fasteners, C. Metal Protection: Where dissimilar metals will contact each other or corrosive substrates, protect against galvanic action by painting contact surfaces with bituminous coating, by applying rubberized-asphalt underlayment to each contact surface, or by other permanent separation as recommended by fabricator of sheet metal roofing or manufacturers of dissimilar metals. 1. Coat back side of uncoated aluminum and sheet metal roofing with bituminous coating where roofing will contact wood, ferrous metal, or cementitious construction. D. Conceal fasteners and expansion provisions where possible in exposed work and locate to minimize possibility of leakage. Cover and seal fasteners and anchors as required for a tight installation. 3.4 CUSTOM-FABRICATED SHEET METAL ROOFING INSTALLATION A. Fabricate and install work with lines and corners of exposed units true and accurate. Form exposed faces flat and free of buckles, excessive waves, and avoidable tool marks, considering temper and reflectivity of metal. Provide uniform, neat seams with minimum exposure of solder, welds, and sealant. Fold back sheet metal to form a hem on concealed side of exposed edges, unless otherwise indicated. 1. Install cleats to hold sheet metal panels in position. Attach each cleat with two fasteners to prevent rotation. 2. Nail cleats not more than 12 inches(300 mm) o.c. Bend tabs over nails. B. Seal joints as shown and as required for leakproof construction. Provide low-slope transverse seams using cleats where backup of moisture may occur. 1. Prepare joints and apply sealants to comply with requirements in Division 07 Section "Joint Sealants." SHEET METAL ROOFING 076100-7 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 C. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pretin edges of sheets to be soldered to a width of 1-1/2 inches(38 mm), except where pretinned surface would show in finished Work. 1. Do not solder metallic-coated steel and aluminum sheet. 2. Do not use torches for soldering. Heat surfaces to receive solder and flow solder into Joint. Fill joint completely. Completely remove flux and spatter from exposed surfaces. D. Provide expansion cleats in roof panels that exceed 30 feet(9.1 rn) in length. E. Aluminum Roofing: Rivet joints in uncoated aluminum where necessary for strength. F. Standing-Seam Roofing: Attach standing-seam metal pans to substrate with cleats, double- nailed at 12 inches(305 mm) o.c. Install pans reaching from eave to ridge before moving to adjacent pans. Lock each pan to pan below with transverse seam. Before pans are locked, apply continuous bead of sealant to top flange of lower pan. Crimp standing seams by folding over twice so cleat and pan edges are completely engaged. I. Loose-lock pans at eave edges to continuous cleats and flanges on back edges of gutters, 2. Fold over seams after crimping at ridges and hips or match existing conditions. 3.5 ON-SITE, ROLL-FORMED SHEET METAL ROOFING INSTALLATION A. General: Install on-site, roll-formed sheet metal roofing to comply with sheet metal roofing manufacturer's written instructions for UL wind-uplift class indicated. Provide sheet metal roofing of full length from eave to ridge unless otherwise restricted by shipping limitations. B. Standing-Seam Sheet Metal Roofing: Fasten sheet metal roofing to supports with concealed clips at each standing-seam joint at location, spacing, and with fasteners recommended by manufacturer. 1. Install clips to supports with self-tapping fasteners. 2. Before panels are joined, apply continuous bead of sealant to top flange of lower panel. 3. Snap Joint: Nest standing seams and fasten together by interlocking and completely engaging field-applied sealant. 4, Seamed Joint: Crimp standing seams with manufacturer-approved motorized seamer tool so cleat, sheet metal roofing, and field-applied sealant are completely engaged. 3.6 ACCESSORY INSTALLATION A. General: Install accessories with positive anchorage to building and weathertight mounting and provide for thermal expansion. Coordinate installation with flashings and other components. 1. Install components required for a complete sheet metal roofing assembly including trim, copings, ridge closures, seam covers, flashings, sealants, gaskets, fillers, closure strips, and similar items. 2. Comply with performance requirements, manufacturers written installation instructions, and SMACNA's "Architectural Sheet Metal Manual." Provide concealed fasteners where possible, and set units true to line and level as indicated. Install work with laps, joints, and seams that will be permanently watertight and weather resistant. SHEET METAL ROOFING 076100- 8 ANNUAL ROOFING REPAIR AND REPLACEMENT CITY-WIDE PROJECT 11926 3. Provide elbows at base of downspout to direct water away from building. 4. Tie downspouts to underground drainage system indicated. 3.7 CLEANING AND PROTECTION A. Remove temporary protective coverings and strippable films, if any, as sheet metal roofing is installed. On completion of sheet metal roofing installation, clean finished surfaces, including removing unused fasteners, metal filings, pop rivet stems, and pieces of flashing. Maintain in a clean condition during construction. END OF SECTION 076100 SHEET METAL ROOFING 076100- 9 N n Z O uj a >d O x d 0 _ zU �] � a- ®� > r to — A LL s 0.n!Qd i s LL rx O Q OQd LJ Ea C9 _ D N W O W a W W O ® LL VT W � w O > _ — O 3w Wd LL: U ~ ® Os F W_ a w —U Vi LL _U Wts] u ® d Q e W 0 0 0 dr NLLP � ��w---w �'l/y J 00~ F-V h H � u LJ ALL rd La Z L)m awf w UL4 W U Q s 44-1 z `I [ x 0 `° I II z ~ ! o I O cr ® I WW a- CL f I En I I I CL W v � � W DW H U in z cn rW w J Ln p _ of r z EL aax LLJ LL. ~ N a ExU o 3 O H fr z z LU 00 O d O 7 r Nc�Jd MAL CAD FHZ 11920-R02-ROOF In 6RLWWG-FILE No +-s5r�3s L rq Lo n LP ce w �a¢a 0 cn ® ►-� a O z ` L,- ® Jv <C14'® za O w Oe W "' IL > F _w D - Z dK u Lf) 61�� ®�� J0. IZ °® c fY I ® J C7 W � Q JI® ty [n ❑ ash , JJIn o W W ow 0 U) Vi I IlJ mLl 0 v1 ®Ip !r 3UJ II � t � v e i z i z 0 e � B 4 � f II 0 E Ie e 1 a° WAY V Q ui Lki W a LJ IL O cv — O0 ® .- IxC0 F H Ir w In F— con U- mo HD or TOTAL CAD Fam. 11028- DI WWW N®. ,-157-52 In k p k Z a v L O Z o �a W 0O NIYq w C a - - — a z { 4 ozm l I z 7 (f)LnOw I � §s ;r LL-CL,ra F F w z wawI ® N a �, ow° w E v wz mw Z<wwwU o U J w¢ w� �J ¢ N a¢ w r- ¢ z s. 3 z LS§i< vs a 5 z D U w } `_ E- J o x +� as z -, Lj ww cn O ti 0 W 4 ¢ w z ►L A O wd r u- ® N ado ;, O rdtr'cnFn o OV) a ® v cr- Fa � w Como w a w 5 O CY �¢ J a W T ® }-z 1- 9 d z z ~a O L.. CL a N F= r= cy J U [m3 O �-O (n N D J a r w\ w O O I OOw XUl cn LL u7 Z O Vn LL u.LL L7 to w d mt wr of z w w _1 LU z w r U U ) w 00 LL CL cr- ISFM No. or 42 11928-ROS-ROOF a c 4-H37-52 Ln N LIJ rt � � a a � v U LLI w a� v = x 0 LL N a �" a a w nz LLJ �- °" z a Lu s p ✓ rrn 6m a d 4 g a °d g 4 C'3 cc d y 4 LL O w cc b E— r � Ul LU cc 0 U I— U M o 4 2 70TAL 4762 - - ➢RA C7=N6 4.137-•52 0 H n a� � J C: 1 w 3 w o" �` x m � I zea w w wx ® o w � w ww w� ¢ �w w 9 Z a z ILz w a WWW zLLI (n � LLP z a V Z O o Q q w d tn cn � O ZCL O 4 p U Q a V) W6 whin z m 10 w 0 cn � � Lz Uz wZw a 0 in z P O J a. � x 12 S � I a x z v x [s aW � Ca 0 o I = w v v Mza Ing �� v �. I o J I v t rL IEEO z 1.16 - 17 �.. I x a I d o- U=FFFFFT7T a d I w w � � w o ® I uy J i� 3 ® —y 0 t9 w r z wZx V `• ® z I '� I ° ti- o � o rocs ® W z wIr z � w s LL v �LIM o z L) L) Z Oo u O � Nd o z a w U X U W w a w W W W C9 L) C7 C) o J J z ® m rzw� r z a z a V~ � W z p ® p � x N0. OP Ln O z x w O F- }}-- O tr O I o O w C5 U W d Cv In a C3 to (o V d f= S w w R-8 42 WTAL 91026- co 0 YINC N®. ♦-937-52 L N H Ild t w I w I a w oI w a 3 ® I w v o w w I— ® Z, W ar� ® LL. 5. ~ I CJ w w r ® I06 � o I = a a V) OLI z a g r►n N i J z a idi LLug c I _ :2 z I Li ZVI) 8 WCL wwCt I 'm ® I FLU — Z 00 < ^' I -'v J I U 1 a — ww ® o r I0 C. wCL I x zw CL LL ¢ �. oa I w rte, or 2 WTAL CAD ImIxT 91D26- - 6AA N0, 4-137w54 L eq x� UJ Iy CL ~� g � v a.w. EF J.' I u. w � w ; I >. K I � D Q3 s 410'r = / z S zJ c� 0 o n E: a LdMEn Ld 0 LLJ o �w I LIJ w0� z z ® V) Jaz W Q 0a�, to LLJ LLJ a x=� _ �v M o cm ® w CD r z °a °o H® r4:2 luxCAD e-R1®- aRtxmc o L-211—1!52 �9 n N � t k Lo J w a p s .s 3a d ® v�® z ® - onai o=,®,,= o w ® CCU ZLt. $ �cnm zg®a z yr w 0 �, v �� 68wc 5 p m z �v7 z dz= o o u-va z 0 za o V" a z I �Wrn U }-w� 4-".0 z zz aw V)m I �� o� II s 0 w 6V4INIYY I „a t I v� I Z O 4z a 0 O CK Y8~® z ®U. �s °�- w Of u-V mN¢ Q p�awgo ring` Q pwz a F- �w V)az ��r O a 0 �c w wjv z zo;W a CE V) > v-,=z OR azar ? ® w :30 Q:zw d�<L w o w o _ a SJ J�� CL z o IL 1 c w w=3 v) r zrnc�icn�m EL0 z �, U � i' CO w Z a cc O 'sHarH®. or -11 142 TOTAL rA9 m j99-R19-RO 692OF 681$92 4-137-52 N n to Z J I C� _o j w Tr a LLI cG v 7a 3 0 M zv Q 4] O Q a 00 T LU cc: Q �`o rm 0 O Z F r M zLi, GLS � ¢ LLJ ® u pr w , U 0ziS ® w 0 i 0 O I a z o 0Ld U- " I �' W Q Ucti �nm N i z Alf o I I N! fNIYV „Z L I is � a f ®Z aN Na r� J Vim® vs �— 0 O W 0 U a 0 �0CY� v OW a uj ® � Ll- 0 U LU Lj w a a CL m 0 — �, IL :=Z) z Uxi UU u. U. 00 cc No. F42 Soto. 12-ROOFrm No. +-13752 N � � k x w oCL I e a g I14 w z D I ¢ aC a (j g w z I � WoC e a d Q a r wvy m x gg w 0 W 1 ® a C) ® Z wz `` Cc, 62 L,] w M 1,. z I ® J Z a CD >" ; I z �' a z w /2 ° a ° ® lln o e a ® e 4 Io � I I I U z z w I O p C7 w z crl I w I o Q a ° a NDIN w F oaui® I w oui � z I a z woo M w � � U wa U 1 d F- w 0EL00 wF I x m ® z Onozl it I ® ° w r t� w I r z �c e O0. n I ® U Z.1 w ex 41 I ►— a $o 'n z 2 I Q LL LL 30 0 a: O O EL cr NC 9P 42 w CAD MX: 11926-RI3-ROCW wv. 4—`s7—sz i(i n nt Obp C � L w ix d Q d W UK w ot I o ; "'a I :) � ti U w u 6w I o a _�U LO Z cam® , Awl g I 1 � I NX I a Iz I I I � I r I I In Q I I w I wL.0 IID — Z r a- ,- m x w f— C7 w o w 13 =xmo0 00 0 NEnz m [7R 14142 Wo oP w 11920-RI4-ROOF —DMWINC Ms NO 4-137-52 t C � ' LLI zLd E` z jWz� d u' w 1 w e WodCr< yr � Q w0�CC® _j(n CL LLJ -i I F^ � �- Z �WOS? 0 '(-n-� I ❑ U W -C1. w� � -j -a3k' a i }, � w ® � Si W®,w�'�� LJ LD www z I X w�a v4 �wztia Viz® �w® �~ i w 0a 5a--' 0-aEn iw`�v'`i�v`�`i a� cvwIIn cv ( am I /►n I I I 1 I I� I I Ne 1 s I NN I � I I zs I En I J xW V) w 5 I a �W ; J > I ❑ D0z:it I ❑ z W w r U) J = g I- zd - a ® z z }- t CL ® v 0LLJ 0 CL 0 ® o �- d 0 m c) a c� cn U w - Q � U- U- .ot, jo rimmm v oNv uzG jo C) O O Wf1YVINI v HAM IJNn d0.L�008 3Hl 30 30IS 1S312i0H5 z wD. or 3Hl 30 N015N3Wia 3K Z/L R-1 51 42 MAL =MI! 9IRZO-R95-ROOF DA1ipG TR1 NO -�j 4-Tl-52 c cm as LTJ d zw z CD '- m� roti MO zz w 0 -- ® _j w g aQ vlu c �'a~ I d w o fn ¢m Q Q a¢ U° wJ z I E-. x °d a Ww o 2L- I � w 3 w U U —� I 0 ° < af a� � � I z � Lj3 �,Jw I u w < a ® RX Ln t x w wnMNiw I I I I I I I o " 1 Ito CL in I I � I I z � I � w N I cn z o ZWwr ' 3 = ww C) �N ! I a_°� � �ex J w-JZU 2N 0 Ld w J wZ w w fece& ® � v U.m o I w a Lu � 0 w 0 9- a- cc a` NO. 6T 42 M cu, 11828-RIG-ROOF >einrwc nca xo. a-sal-sx g{9 n cv d a v LQ LLI mo 0 O ~ V o <►- � m v z � Z (3 w ® i z® 5 t� a UWI Iid a I v'drn`` ® a z a I cnz z ui ® zz I zaMF Zt � ca w I Jyz�v- <L O-0 ¢ O ate. t I OFM r a z Zg�-® z 1 vCL 0-1 CL t7a a ti M Z _ IP�jmLLJo° LLJ I °z3: a� I x •r��w u = I I wnY41NI f I 1 1 J I i I o ® I J " I N UJ _ �' i o w z Ix w _ oLU LU g JIL z IZ Ln r o i _ cr Dz UJ in LL woor 2 TMAL riD : IID25—RI7— ��J4-137-52 DRAMING FU NO, ut n m FEF W LXj sT Y m O W O J!zJ 10n Z LLa Lcld 0.d ® u O J r t IW U O ® O Z g Y� LEE _j Q Q w w w UJ LL) 1 CJ® Z� Ua �W ® cn I �.�F- in ®�_ LL) � V)V ° I LL °`F=LL ? j -10 Ln V' L] I oa�m0 U w v uw zrn V, I w:xV)z0RZ as y IL LL U V) � I w ?W � w z J J I L LL,�j c� w a UQ v4 m Iui ~�z Z W 8 � -� UJb O ~ a~ Q ~�F Z W I a N NR I ®rfl 8 IwLj f m Elf a aaI LLI z ?w z "9 I `� z 0 r I a f I a I f LELLU LUI 1 w ~ I ~ 0 U o I cYs a Ln o J = I ® w "' w " cs I z ® ® a cc � z r o Fr OU w EL 0 rr z U U -3ti w 00 z act U H®. 1042 f MAL CAD mm ca11926-Rte-ROOF DRAWWC MI RR. -137-52 L N Lo r t wz z Jam w ua z �(A w Y LL) ww wz ko �a :2 JO �� o oQ o [z. r c w w� z Em�t-� r� Li W >,O a wCL �cn V)C) Lo�Gi 0 v a ozJ F' of Z V 0 U 0 � m}-a — w.- �¢w¢z a �m7JFr I. ®ate zaa x 1 � a� I I a I 8 0 I � o r J f I v a_ z ® ; W 1 a LLI o LL _ 0 � I a v v L r LLIO LL �, Q EL Q U v o N a v w z o ® a o � o ® a. U r o z UJ v a: 00 o a- CC No or 2 MAL C" 1192®-RIV-RODF Fn DRAMPO FU NO 4-137-S2 ry a� r � LQ CR w Ja z o 000 �- v a I o a a , — m I ® W E" a In z z aw I LLJ z �a I o Wa �Zzo z I SAI z ®► IL V) Uo® i I I 1 I a C 1 I I CD LL I ° a I w a � I-w -- uj zD ® I v as u I z a w 9=a C U r i zU Z 1LA- 0W0:2 ° cn z w o rL LL Er 0 ,2: cc Na. or TOTAL.R-20 142- CAD M& 11026-R20-ROOF FU ND. 4137-32 N ri LD L FF C3 @ Jz 0 � Z � z0 NV J w W p� F- UdV aY Z m wmw ®to®►-H dc� Qz C7a DW Z o ® V=7 W ZUce Il (A W EL OU I< LLi w o pO p V sF Lc] 1mooiv C] et Z�®rZ O w® N � a HQ � ojs W wp v in W J V) `o V d ® 1- O W 0 0 v®r''� z z rw w cn D w rx 5 Li ® W U d J� NLLJ v. W `nCL�� h0 aL) �V w® w Z a z z W z a '� -i d E z Na s J o a- v x w — a Li w® W U7� N z IL erZ I Lu I ti I m ® IQa ti I a ® I V ad 4 ® d i I IOF V3n 6 I Va 0 L ° Ivo I o CL 1- I oo Li M $ix ® Lj ® 3 I (D ¢ w U? cm w V' w cr z LUWoeDcm 3 u I w cz�� r to W ® o a. w® V) i o z � x cn W CO w cn o J LLI `` z z ® w 0 wJv aa �`' ¢ W WU. iz z z 00m 142 TOTM. QD PM: 11926—A29— F GRAxeNG 5 4-137-52 0 N yN N n Z 59 LJ 59 D A Y O LJ LXJ r U W ® W� v Wcr- O E2 O o C7 i Q w � �IL Ix ® mo w �� ® O Z w tr L,M a wcn to u W ❑ a= z r-Ln w wW V) _j rh_ c3 mW wwz �� LA � 0. L) W a r z 00 12 w aI zw 1 w 1 yv w V W N W® 1 W LLP cn 1 O ❑ O d d Lu 0. LLF C)rxK F^S En Ix aO W Lei_ w ❑ V3 W V ¢ LL w F- W g w O re M m 0 w Li W W w ,J W Lx a N Q J w ® = L-11 <T 0.0w LY Id r ❑ w ®x r _ uj �� ~ d N d U V)a O LD i f- ❑ Z Z r 00 0 Q 0 O LL LZ No OF R-22 1 [7 42 A: MD Paz: s s®ze-Rzs-RAF ®kAr%H6 NO. 4-1}7-sz Lj w 0 LL z u Lz,L,) M C, W M U)�q 0,� (n z owl S LJ w 0 L, WUL: of Ui Ln w V)cc U) L) LLI 0 < � a uj ui �4 w z EL8 D 0 L>li w z m IT: m P X: �6 0 -1DO t= W 0 L) x�:: C3 En u W ui y uj L) z o aQ wo w< 0 0 Ir Z- 9 zw LIJ Z(n CL z U) lco LZU OM W LLJ ac 0�2 x x < , r :c V) w z o or Z w x 0 LL- w z 0 0 rn -45:� aw w 0 z w w u2 W w rz z w io z 0 2 L61 91 D E W V) 04 z 0 Ir o 0 O LLI 0 W 0- CL It a:W74 m aJ EL w U- 3: w V) w LLJ 2 Of D LLI 0 LU w ?;w .2 cr co m EL cli w wIx R & -i CL LLI m war i14 z® �- ul w Z 91 CL (D -j[Z ? w C0 * K00 �o o 1 0 In Ex z X Z:3: w n U- U- 00 0 0 0 mmn Ifo. or R-23 F42 0 CAD 1='L llgRe-R23-ROOF 35 PRATING ru No. 4-137-52 N r n J,' F kO ® w L) Ln OAU O W a o w wv v �� O 3mp < wW� p z W O Lo o dW N® Uy\ n> a oLlv O z p � O : J W® CL 'ry w ® �'- ex ® O ° ® w �® WJz in z p U w Z3 W O UOr (A LLI Q 41 e � C9 o IIn Wo Z HLLP W { x W W W F e N 1n e x C7 O W 93 W UI o m ®CL O ixof W ? a z a f CL W Li 0 cr W pLLJ N d N Q J v wo Z v LLJ r �- O U)IrU— 00 0 a MM Ro. or 4-2] ca ME. 11926-R24-co RODF nLz go LL�a—lar—s2� N n ra EFr y 8 yy Q:� r- LO ®� I W &C [-- V)v) Q Wd nVIININ �w r vi C� o z_ O ® z J 1 g� LJ V r m z I o® ixIr, fawi to CL�w f a CLD wLL- I n z i o • `� k `a °C � z z� x m a o z Quo U) LWLI Vw, M N a12 d �4 U, w w �� LJ �z w w a lzLa i 3 ® v- z v o 1 �a w LJ Lu LLJ a z oLmj U j 0 0 ix LL ® 0 Lj wC7 -jO. w~M D C7 OW .J 'zz awe w! U zoa W En O Vt LL Crl z a to La- En h N [ry V) w (9 wa umw _ < 0 ixf LU Jw J CY ® F a¢ LLJ H U 00 13L IX rn NC BF R-26 42 MAL i 9BZ®-RZB-ROOF DRAYWC FUS N6. In EV ka :2 0 L ij EF LL) LIQ L3 La on vi L) z n� Z Z: 0 LLI w LL) LLI z LLJ x F- Z LLI LLJ V) 0 V) rCY (n LLI L) LLJ 00 z V) W Ir 0 0 0 En W- z z C3 Lij 0 0 LL z -J Z t 0� D ui m 0 z z — LU < D 0 0 w 0 x LL :2:2 < M Z < Li- LLJ Ld z z V)< LLJ in 0- m 0 m�-, z m z LMLI LLJ z >j>- 0 LLJ cr 0 W -j z P z 2-0 0 z x z 0 LLI < Z.) tj- w z cc LLJ :;a < x LA- L� L) LLJ C) LLJ -J I w 0 rr 2 :3 (L 0 cl: z 0 m >- 0 Li- Pi LWL, m 0� P.- , 0 En cq W — 0 (f) z L) 0 w LIJ U- C13 2 iE L) (on 00 V) 0 0 W w En to 0- jr-- �i :3 IL 0 M z (X 0 0 L) uj < 0 LJ OC m CL(Y <0 O:i CL L�j x C) < z x at z D 0 C, 00 V) La Lli -> 0 Li z 0 -j 0 ILJ CL Z 0 U) CL a-EL m -j z LLJ U=, 0-x 0 0 -j 0 <Lj LL) 0 <0 0 z z 0 LLJ z lwc Z LLJ n LL 0 0 a: 0 LU CL r ORF-12 7 0 F42 TOTAL co M� 11926-R27-ROOF DRAWWO roz NO. 4-137 L, LO a M J, tra - w � � J d w � ® w c LJ 4 a ® AIRf a ---- � 0 EO w i LLJw ° m w w w °G z �> J0 w a W ®o x d z J I w� a � I :3 Q, v g w(nz w � O I €! y O �\ w ~ 0 2T a z � w x a wwU v ¢ m u w wcL z LLJLL rn J w d a- w U ►- c, o wz M � _ y- w o o J "z co ( j CL w a c3 z z a J J z w '- CL z z w W 00 D ® w x o zo 2 x w x v's z wN co ® J CDr r U 00 cc xo,SiE L42' amu: ug2e-xza.- onxrmc xo. 4-9]7-32 Lrl N lifr z z w o cg w ®9 � (n _ cn it I ® w D w y J cn w cn -j tc � z ®w Z ®a z 0 V)Iw '' m o— rWL o J z u Ld 0 �n t73 o > ®m w H OEn Z w w o O~ z 0 z d z € �¢ W JZ az(3 I w O u c a a o w �C] cn� U)izo (f) Ll- w� I ® Z a f � zb I f I Z ®(n ow J Z0 w 6 ® ww w O E I Q.. V w [ I ° ® a wZ l m� — -- -- - --- ---i ®® f 1 aW � r d. W W lei. J ®1 ® z t O w I z a o 0 ML 0 zd J z 3 N w z a z o wv W n w F z wo (x z w x ❑ a oc z` ® vs cv J ui 0 O 0 ~ (D w w m mLLJ - ® 3 r Ld w v '� a m 0 a J wW z = mUw � W " '�-n 0 z ° � Z a w0 D � z n J w 0 p O c o o U- w w O ao ad w O �' d Cc d zJ J z LJz OL z z z w 3 a a w z c7 o x aFn tFn xo. or O �t 0 x b- F- O z 0O x x C-) w0 N to cn C) Ina z 2 w w R-29 42 MAL 9S®2®-R29-ROOF ORkw me r—=xo. <-1 sr-s2 Ln n r w z � W E` v CL W LJ u a ''' �+ � c� 4 O � d »� CL 0�CL LLI (� °- ta, LQ = a w o ZZ== o z Awl o2S EL wa X w wo LLP �a w rz w �a z p v� wV) mm � w a t r WL a z ELM Ww w 0 w z w w w r V5 Of 0 r Li IL 3 aZ w LLJ y p n LL U- Inz Ll a NooP -30 42 TWAL CAD FILL. 11R76-R - F -DRAVIRC MZ NO <-137-57 d W w o� d Wo ow E-+ uiw M En W z z® V w E- , W Q F zo 00 LUW CS Ko d d o in w ^� f� w C)w O Z rM 0: a j� li Vv D a -1 Z d oCL Z wCL � c_r w o ®JCL f/® U V) X0 o W W F Y x a L)ui DD z U ui ® U- a W V1 W W U 0 z NWS n Jcax d . L W a x t M O LLI cliw U r UOz LU i- a xo or 142 70TAL C,Q : 11926-R3,- "DAY=PUZ NO. +-13r-62 u1 n LO n ij Lil E" o Z W m Eal W m W oI 00 w UZ W [ u tt }— Lai CLQ w W W Z ti D Z ® V) 4 U mm m ® Q W S v Q Qclq C Q W Z U W Is f O N® M W w W t4 U)® N ®ZO a �< W =) d O 4 W ®U a OCS 0D16 ® �^ 0Q Ww U u z ® ydxs _ J W ~ O w ZS 2 �4V1 V1 W J = 41 ¢ wLL ; O OD_ EL o m 1— U7® U LL 4 d.VIEn Q Q LL M Z z U)W u LLJ d p O ¢Z r ® Z < Z Lil ®//!!la g IL -jV � Qg Lil U) J L7 LL ml- p Q C J (r: : W® J r um 2 IL d WIZ H0 ! Q Q F—FE W Z X z V W (-) N w; U Z9.� w v O 2 z w w O a w w L) fftj ® O w d LLuiW ( W = 2 qW. ; O _, 0 W W O _ w q x � m� m W CS . W 20 cr U� 00 O CL J Z Q 0 LA- N < U3 ® C4 U)Cl t Li tQ Q J Hm 1 UL m m i0 z�+1 2 Q�WZ I— s -UZ w O W LO Z LLI d ; J c -i Z WLL (n4WEnZ 5 < j Q U- U �V)0 ° + LP� Ww W W > aO_8nU OULL OLf� Z r r ® Zr U L (� Z INf1YVINlhI 3 LL. ~® cc 0 _ M E42 R-3 2j TOTAL: Gn M91 99026-R32-ROOF' MATING nLz No a-937-52 on N iTr I Z: 6� u Fr � o z c� [s. u v o ® ® a w o ® �" co 0 3 w (n o V W to o -' to �, w z a a ¢ IL o J z LLJ _ w w mo ,►n g aC' zi — -w � cn J ca CL ¢¢ LLI Ln ® ¢ J } i ®w o viui 0 lamP z Ld i C) C3WLLJ V)U) rLj En d m Cc eOC JLJMQ OEL N �U rnz 0W Zi U NLJ � IL D 0. Q —® �® g o CL W o UL)w w ` � CL a ¢V)DLLJ uiJ a CL LU Cn ` ® v J _ w CMr Q) LLF v U- 00 He or R-331 42 u: mmi 11IMB-AM-9" PUTMO nu x®. n a W W 0 d a � A4 W Lu LjA � w A 4 ° <C S aLeiLi 0W m z ® Ir O a W u A 4 z 3 IA tp V1 W °A X ¢ A � 4 A d Lil m ;e 6 4 W 4 W IY Li 4 UJ z z z z c3 w Ld 0 ~ z C7 w G 3 z Ln 0 CL I— 0 w IY LLJ ♦ O ir q � ® O o ® ® m J Li CV fYl L` a o arca on w Q 04'li ru O v lL J v IILij 0. ZOO z v z ~is ja o F J 00-00 D LLI 0 LLJ 000LLt ® ® a — I A }- v b r 0 LLI z0 }- r X 3 0ir Ln _ 0 5 0. LL 00 0 [L [7No. or R-34142 WL. CAD M& IIP28-R3i- DRAWING ME NP. 4-93T-S2 N-cc s w ax rmo rrxa -oca-azecc -ru am ; tr is ax O 0 00m m Z C7 Z4 C) z 0 O p -� C y -Ti m N -® m E rc _ —� r" -rCCn m c Cn CJ ri CXI 0 mb ®-{ �a ®rrn Z ® Urn mG O -in N m O m .• x m cn m —{ cs ®b Y -q (a rri (� P, 0 Y z (Am =1(A K3 0 > o �— c bz -n m m rTl zO C z :3 Fri cn_rri C� e m m q Om m co r_ 'T a Q00 m z m a y r- RL L no a m r r� N 4 U �ou a ria -cca-vzasc io oK m 00L 0 m C7 C1 Z OW A Zh,0 s 1 '< m a b QD t Z C]Z m _ O ®O m mz 0 p nGmiq x >M. pca m 2 r t7 m--j U9 M r 0 Z Z -� M T m 0 0Z P M rn O �O co C N m y C m n -10 0 1 O Z x M m m 12" oMINIMUM m U—LLLa Ln 0 z m ® � v r ern erne cm C) ram �' Z m- o F,m ztvom ® vim mm m men mm® PZ) m ®zea rj �� ° � m rflg! 0 m s?o O z O c CL m > -5 0 =�� r' m- > mm z n O-1 w -a n I [T7coz a z rrim IF u � zs—crd—+ ON mm Dxu ¢ CO Ica—cze's ¢ra -nasi tr to ax r C 00 K fn c— f,7 o n C `q -n rrl La t -n N r r a o;om M b® 0 mr. (4: _ > m %[ a > D r -{ Mm F- 0 -1 3 ®-i m V1 ;i Tm O � ® rM co 00 m-4 m bwoop tik -I t p n r S 0 a n a : rri m m —� m m T,m Mv, m v r my rn r z j $ S � v -4 m N • f19 v D >r® � cn n z ['`vn �a n 2 M a m T ° n r Ln Cy C to b rmm 0 crri C`! O ® C ca ® rn z b paa v m Tia 3 ® m w w zs—cat—r '®N 'J rda jom-drd aY3 Zt, do ON 0 00 ,1 G m O f+1 O Cm +Za R V) � ��Z r rq d O ME-4 m .q `j pmr- w ' -i r Pn b m OEn r DC7 Oc m i s m �� O , cn � y T m 26 n m O C*t -i m DZ C IT1 0 02 m n � Z� �b Z O0 O fn m m �® X { ' m-� -+ 0 a Q Z r- p m r0 { ® Z ® Q3 j V! � m N !h G7 M o uy o i4 v{ O m m rnO cl g u1f 0 m O:E� 0 o yr/ Z Z m Z C m G7 .d Z Rl C p z m fri 0 r O ® C m n m -� Z ® Z m n m M PO> a r v m N ZS-al-f, 4H ru 9 YYQ nmom l co ev [0 4N M Z n Z '{ O 00 c rj on 10 FnrAO 0 0 to O M z M MZ rn M �` (unZ O r ; > G} �{ CC's > m ' -$ A , 2' Ln cn cD m > W. v to AD 14 A to o M a to + cMAI p pA res m 5 ek' 21r °J to -nroc] :c 10 Cl TO O --I'll zO m Yh'� r rco ® p -{ v Zf+1 rn - fr1 frl I TI C � iTry a r _ fry n ?" '1 V} ED rryl u11 mco CA ry -a c v v �r o u --� cn _ a Z _ 0 -i-gy m m n — �r S M n �`' m p T1 c QAO rrl '0o 'z 14 p Z— m r V, rG — M d > cu 2 Up cu n IL 00 arlrrl -+ n s a w 2 Tla 1 8-1 1 N 00 ou ztr jai ON!M 0 0 0 00 -n c- 2 M C) Q -Z 0 r M M-,c coo" N) K3--1 -4 r- 0 1 -0-4 > cr) z 0 M W F m -n-]� --q 0 m -n:5> z > K moo K M >m ; // I.. 0 K Won ::10 1 > ozz: >> U)-0 ;u z Elm VE O > zo o En :c 0 -n m Oz m 00 z 4 M x 0 m v) V) z 0 ca M CA zm m 0 0 0-z z c z m UD m > 0 C-) M Z c 0 G) m 0 m 0 M 0 M > z :!3 X 0 m z > z M-q m M —m (A C-) m 00 z ;MU 2:5 N m -.j M K 00 M K �j m C3 m M> >Z m M 0 0 z 0-4 r- r M (A x r 0.Gr 1 0 W 0 -0 z M > 0 Ii M z c M M (n Ln 0 (n m M Ej -4 F (n 0 owl r.,—Mln M M M -n > m> 0 > C: CO rri r) m ge Z m -0 —3 0 M F4-r m C) C (rrAI A z m z 0 co M 0 x > r- 0 1 0 0 — -n -n co m m r-00 C m z rn > m 0 -u 0 0 C) 0 0 R _q ;G M Ln m m X: 0 > 0 r- M M > ;u> -0 r- > > > z z m jai q ---------- ZS^Lfl^r -z`a-vtssa LU Wad am ®mint 'Gtr tc ON AERMJ 0 00L CD 0 TC7 b-n O m c z i -n� m m Cb D 1n UJ n (A W ?� OCc) cm Cm 0C n r cn 0 z b `® m �® v! O ® p n m m !V ® 2-- 4 n 9®+ 2R F 0 C m 0 n C .. M 80 n W 0 00 O -uO m c co 41 L!} ro VSm 20 r C C7 4n wo o ®z m m m� Ohm r ® z r 0 En a m m m O $ r Ohm 0 m ® a til Cn Z F5 3: � '< mr MF, U) R m m O ® OO D C On Mtnn C zrry -0 ® z — "C C r mEn G7 r D z r O r -< .1 j til C� mm m F m m C7 Z ® 0 O rca m Qo `� m C z a O r f-1 O m _ o Q m E a a Tgpl LL-� � co 0 L-S K :E w m -0 C) -1 0 m > 00 0 Z -11 c- oo M -n Z 0 > G) --q (n C) 0 % 0 cn — m K K3 > m r, r- :1) 0 0 r9 (n Fr M tj > -U m mz 00 0 z 0 rq 017) 00 :9;u > r- C) 00 -n < — z— M r) 'n 0 MO M, U) 0 c V, -00 0 co �,a x to— 80 Eq pq --i > 1 > Ln rn _.,r- > <0 ;a m > m 00 mo C:: M 0 0 ,0 > z 0 a -n V) �o 0 z > PO m LG�<£14Y -565-9Z91t w A 11[ —1 — m V G) m r O Q I Pi S 6 z m a a s z ® 0-n0 m O C D Lq 0 rCif In Z n _ 'T7 O ® z C} 0 V) 0 b c Y— a n Gy O ® O Z O O Ox a llw 'OKSIGAVIa 3009-PI-OZOLt OWJ EE— M do .OK LUMJ m to 5 -4 0 m > 00 z -n - M — m M GZ) G) to c) C) mus > -n rr, m m 0 0 0 n 0 z to Ga Ai -4MM *mn 0 0 E5 -uo o en C rn =- > 0 > m U z � M m rn cl m > rn C-)Cl rri�u rrl > 4H 9 Q 3 - -BZeil cooi 1 F [C l , - --1M M ^-I Z G)M 0 —i m ® _ f j r yy fh b r 0 0 0 O 2 LiL d X a W o rite 0 z a a a x n rn r=y QO� U} w a > 0 4' w �1 EL a d a N �t-CCt-Y 'ON ru O YYQ -565�flL'6t1 MI F JO On 50 0 Om -I O 0 nxo Z Y r 1 OC O O O CU7 C F m 2n C0 G?a 1 Z Z D 0 C z rnNK TO m m O m o O n x m "a O D ®N O C1 x n :m Z p n Z PIN Po Ln c 86 > d --4 n Y a m Cr] m E rn LS 3 r 4 N zs—ccs—r Ox rlu5 R 00 � —tias�ezas` to ox C7 'O 0 21 m m _ m C) O _ F `a x m Cx 0 —[ Vi F C) C N' or Q > -(CZ UI c 0 n 7 o z Ln Eq y C- ny rn C� b (A U} y1 p q non gi o0 z 1 m CT7 irn z [=7 rfl I! a n z N� a ® w ;, cn ZF�Li1�4 'OH9H1YYS6 319NIN5-LO 4 ZP611 00 Q77 1 'IY16i F 16 SN 0 ❑ r zm mm M G) C r ® 1 m s �r Cx �'zz®c o mw O-Z � o n 0 �nsz 14 -18 L, b o > 03: t n C C')a) csm y ® JAM ® czi M n ;� apF, r` v0q *Ao 'T1 ® ivr 00 '� �' 00 V) N y a rr x T� ncnrro " ro m z-t n Yo A C < ^3 LT1 0A ❑ czz tv r t�7 LT] � a 4 � ZS-L£t-t '0K � •d4 3�M5- -92E11 'IYJDt d0 6H LEM L r 0 i 0 i R1 b "L z b 7 ^ Cry--A E c = Q D m r p ^ C5 'q C O to > cjs m ® d O O Om a > 0 M OX z C r > �Na o m z u � K N .ox sw Q � s-o`s-gzeii -zulf an -ry Ac ow G 00 — � r G) 9 n O -' j cb C 171 -i r 0 6 Lo z 0 G7 U1 r a 74 0 x a r rr u' Z m M 7 y c7 b ^00 C� CMAO _0 z n r" � n T� mN® m ® O Q � M rrl A n t7 M 'Z CT1 z 8 Tia Nw N u U •scary SUMO7V rl r � r�r .t 9 W a�uaglOOX3 muoisspwoo Alunoo to p1e08 AWICO pjtyBoje all Jo aoinaaS y J?LOZ/LZ/E.naM Jopuan Ql lu66uilu00 Jalla,p,emy s oM ollgn 3 'UE)LJPV suannor:oo II lua6y 6ulseyoJnd :f uoisiniq 6ulseyoJnd Jolo it 'Aa0um!q °r epu J 'f laJaou!S 'flunoo piemoia qjIm ssoulsnq 6ulop ul Isaaalui Jnof Jo;not Nuey_L -papuiosaJ aq few will Jnof of pJemV lue6ulluoo slyl pue elglsuodsej-uou paJapisuoo aq o; wig Jnof asneo few Lp g� uo ssauisnq;o asolo�Cq uolleluawnoop paalnbei anoge ayl apinoJd of ejn,led uolslnl 6ulseyoJnd aul of pap!noJd aq lsnw puoq papJooaJ ayl pue 'uolslhl fJnseaJl pue saxel 'spJooa�flunoo pJeMoJ ayl ql!m J®puaA ayl fq papJooaJ aq lsnw spuoq luawfsd pue aoue oPad 'salnlelS eplJo13 '(e)(090`99Z uolloag }o sluawaJlnbei ayl of luens,nd 'papeau aJe saolnJas uo4m ponssl aq few(SO(3) SJapJo fJan!la leu)os welsfs 6ulseyoJnd s,flunoo pJemoig ul poislue aq Ipm luawaaJ6y Jalse a 'sluawnoop pauollua aJo;e ayl }o ((lunoo ayl fq) aoueldsooe pue ldiam uodn °(ugjelropos aoa(gns ay;}o slappr of sugqonJasur le109d5 ay, J0 6G pue 91 SUQI]OaS of luensJnd) flueJenE) }uawfed pue 90U8LwOP9d pue eoueJnsul }o (s)aleog!p90 paJlnbei }o uolsslwgns Jo; uolsrnl® 6ulseyoJnd 'al6ueJ89y0 ulna)l WIM 06ueJJe aseal ay; ll;un paaooJ o; lou pauoilnen l ao ua 04; pue of • l}sl;e uaa any ;solid s all s OnI uoa pue StLual of ;oaf ns $l P-18MV s14I 'uollellorlos loefgns ayl uo asuodsaJ uollepollos Jnof peld000e flleuolllpuoo sey '6Z 'ON well epus6y Japun l?L0Z 'ZZ 1pdV uo play 6ulleew sll le s,auoisslwwoo flunoo;o pjeolg ayl leyl >;uoo of sl slyl saMolS -iVy Jea(] ®00'00Z$ :jun owy puoq 9Z6'96V L $ :luno y pJemV palewlls3 ( SN) sa!lllu3 flunoo pJemoJ Jaylo pue sopel6Jan3)Jod -saolnJaS uyood Lgl06£ELLX 'ON uo!l l a!o! 15: d o0'6uyo0Jp0unpe sfuuep :llew3 L L£££13 'elepiapne,lJod 1894S ZZ MN 096L `oul '6u400g paouenpy s KolS lelUe .ivy J,L0Z '£ l!Jdv WEI 5E99-L9E-bS6 XV:J•9909-L9E-4S6. 40EEE epuol-A'alepaapne-1 po-A.zLz wood{`anuany aapuy'S 94 L NOISIAICI 9NlsvH3,dnd lueu4jeda®seouUBS anljeJls'uiwpy pue aDueulJ �4 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT WITH ADVANCED ROOFING,INC. FOR ROOFING REPLACEMENT OF HISTORIC WOMAN'S CLUB OF BOYNTON BEACH This Agreement for Roofing Replacement of the Historic Woman's Club of Boynton Beach (Agreement)is made by and between Advanced Roofing,Inc. (Contractor), whose principal office is located at 1950 NW 22nd Street, Fort Lauderdale, FL 33311, and the Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part IH, Florida Statutes, located at 710 N. Federal Highway, Boynton Beach,Florida 33435 (CRA). The Contractor and CRA may be referred to individually as a"Party" or collectively as the "Parties." WHEREAS,the CRA owns the Historic Woman's Club of Boynton Beach located at 1010 South Federal Highway, Boynton Beach, FL 33435 (Property); and WHEREAS, the Property requires a roofing replacement (the Project); and WHEREAS, Contractor has a current contract with the Public Works Department of the City of Fort Lauderdale (FL Contract); and WHEREAS, the Parties expect the FL Contract to be in place for the entire term of this Agreement; and WHEREAS, § 189.053, Florida Statutes, and Section VILb. of the CRA Procurement Policy allow for the procurement of contracts for commodities and contractual services from the agreements of other governmental entities (a process known as "piggybacking"); and WHEREAS, Contractor desires and agrees to the piggybacking arrangement described in this Agreement, and more specifically agrees that the CRA may piggyback on the FL Contract; and WHEREAS, the CRA finds that all other piggybacking requirements of the CRA Procurement Policy and Florida Statutes have been met; and WHEREAS, whereas, the cost of construction of the Project is not expected to exceed $320,000; and WHEREAS, Contractor represents that is has the knowledge, ability, and equipment to complete the Project; and 00992640-2 WHEREAS,the CRA finds that this Agreement is entered into for a proper public purpose and in furtherance of the 2016 Boynton Beach Community Redevelopment Plan (2016 Plan) NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Project. The term "Project" is understood to refer to the roofing replacement of the Property and includes all materials and services for such roofing replacement including all services to be performed by the Contractor under this Agreement, and any materials or services provided by subcontractors related to the roofing replacement of the Property and/or this Agreement. The Contractor's responsibilities in the performance of the Project include,but are not limited to, the items detailed in Exhibit A, which is hereby incorporated herein as if fully set forth. 3) Compensation. In exchange for completing the Project, the CRA will pay the Contractor an amount not to exceed $320,000 (referred to in this Agreement in whole or in part as the Compensation). The Compensation includes all permit fees; all inspection costs; contingency funds; funding to obtain the Surety Performance and Payment Bond described in Exhibit A, paragraph 13; and for subcontracting a structural engineer if required for the Project. The amount of Compensation may only be made by a Change Order or by a written amendment to this Agreement executed by both Parties. The Compensation shall be paid as follows: a. Contractor may submit monthly requests for progress payments (Invoices). With each Invoice, Contractor will submit itemized schedules of payment and values to support the Invoice. b. The CRA will hold 10%retainage from each payment of Compensation. Retainage will not be released and the final payment under this Agreement will not be paid until all final release of liens and Certificate of Completion are submitted to the CRA. c. Contractor shall use AIA Document A702 and 702A forms to submit Invoices. d. Check made out to Advanced Roofing, Inc., located at 1950 NW 22nd Street, Fort Lauderdale,FL 33311. 4) Form of Payment of Compensation. Payment of Compensation shall be made within 45 days of receipt of an invoice, in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. All Payments shall be in the form of a CRA check made payable to the Contractor as indicated above. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Project. 00992640-2 5) Personnel; Licenses. Contractor represents that Contractor has, or will secure, all necessary personnel required to perform Project under this Agreement. Such personnel shall not be employees of, or have any contractual relationship with, the CRA. The Project shall be performed by the Contractor, or under Contractor's supervision, and all personnel and subcontractors engaged in performing the Project shall be fully qualified and, if required, licensed or permitted under state and local law to perform such services. Contractor warrants that all services related to the Project shall be performed by skilled and competent personnel in accordance with all applicable federal, state, and local professional and technical standards. Contractor further represents that Contractor has all licenses necessary to perform the Project under this Agreement. Contractor will provide copies of all professional licenses implicated in the Project, and understands that it will not be eligible to receive Compensation, in whole or in part, until it provides copies of such licenses. 6) No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that the Contractor is an (a) independent Contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Project. The Contractor will exercise its own judgment in matters of safety in the performance of the Project. 7) Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement. Unless earlier terminated pursuant to this Agreement,this Agreement will automatically terminate after the performance of the Project and final payment by the CRA. Nothing in this paragraph shall be construed so as to affect the CRA's right to terminate this Agreement pursuant to any other provision in this Agreement. 8) Public Records. The CRA is apublic agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Project as described in this Agreement. b. Upon request from the CRA's custodian of public records,provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the CRA. 00992640-2 d. Upon completion of the contract, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CRA,upon request from the CRA's custodian of public records,in a format that is compatible with the information technology systems of the CRA. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or SimonM(a bbfl.us. The Contractor also understands that CRA may disclose any document in connection with performance of the Project or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 9) Waiver CRA shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Project,whether such damage or injury occurs before, during, or after the Project. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by Contractor. This waiver, discharge,and release specifically includes damages or injury resulting from negligence by CRA,its agents, or its employees, to the fullest extent the law allows. 10)Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten(10)calendar days after receipt of written notice of such default from the other Parry, the Parry giving notice of default may terminate this Agreement through written notice to the other Parry. Failure of any Party to exercise its right in the event of any default by the other Parry shall not constitute a waiver of such rights. No Parry shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. If the CRA terminates this Agreement due to default by Contractor, CRA shall not be obligated to make any further payments,in whole or in part, of Compensation to the Contractor. 00992640-2 I1)No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12)Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment(including equipment installation and removal) associated with the Project or this Agreement. Nothing in this Agreement shall be deemed to affect the rights,privileges, and sovereign immunity of the CRA or the as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the Contractor to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 13)Compliance with Laws. The Contractor shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 14)Entire Agreement;Amendments. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 15)Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 16)Governing Law, Jurisdiction, and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United 00992640-2 States District Court for the Southern District of Florida,to which the Parties expressly agree and submit. 17)No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 18)Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. Contractor: Robert P. Kormahrens,President Advanced Roofing, Inc. 1950 NW 22nd Street Fort Lauderdale, FL 33111 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 With a Copy To: Tara Duhy, Esquire Lewis, Longman & Walker,P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 19)No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. This paragraph shall not be read to prevent Contractor from engaging subcontractors or subconsultants to effectuate the Project,but shall be read to mean that Contractor retains all rights, interests, and obligations to the exclusion of any subcontractors or subconsultants so engaged. 20)Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this 00992640-2 Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Parry is advised to seek independent legal advice in connection with the matters referenced herein. 21)Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 22)Survival. The provisions of this Agreement regarding indemnity, waiver, and termination, insurance, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 23)Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement, and the CRA will suffer financial loss if the work is not timely completed. 24)Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. IN WITNESS WHEREOF, the parties hereto have entered this Agreement on the day and year written below. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Steven B. Grant, Chair Date: 00992640-2 STATE OF COUNTY OF SWORN TO and subscribed before me this day of 20 ,by . Such person(Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: ADVANCED ROOFING, INC. By: Robert P. Kormahrens,President Date: STATE OF COUNTY OF SWORN TO and subscribed before me this day of 20 ,by Such person(Notary Public must check applicable box): [ ] is personally known to me [ ] produced their current driver license [ ] produced as identification. (NOTARY PUBLIC SEAL) Notary Public (Printed, Typed or Stamped Name of Notary Public) 00992640-2 Commission No.: My Commission Expires: 00992640-2 EXHIBIT A CONTRACTOR'S RESPONSIBILITIES Contractor is responsible for the complete, professional, and safe performance of the Project and providing the highest quality in all aspects of such performance. Contractor's responsibilities and obligations include, but are not limited to, the items in the list below; however, the absence of an item from the list below does not excuse Contractor from performing any activity or obtaining any materials or equipment necessary to complete this Project. The definitions provided in Exhibit F, Definitions, apply in this Exhibit A. 1. Contractor shall be responsible for all permitting costs and inspection processes. Contractor shall obtain and pay for all construction permits and licenses. The CRA shall assist Contractor, when necessary,in obtaining such permits and licenses. Contractor shall pay all charges of utility for temporary connections to the Project. 2. Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and final completion of the Project. 3. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable supplier or manufacturer. If required by CRA, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 4. Contractor shall provide competent, suitably qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all work at the site shall be performed during regular working hours. Construction activities and noise produced from these activities shall comply with the applicable ordinances of the City of Boynton Beach. No additional compensation will be received for overtime work. 5. The Project(and Compensation for the Project)includes a warranty on labor for a minimum of two years after the completion of the Project (2 Year Warranty), with option for a yearly maintenance contract beginning immediately at the conclusion of the 2 Year Warranty (with no gap in coverage time)through the end of the fifth year after the completion of the Project. If the CRA options to obtain the yearly maintenance contract,it will so notify the Contractor in writing no later than 60 days prior to the expiration of the two 2 Year Warranty. The amount of payment for the of yearly maintenance contract will be submitted by Contractor within 30 days of receipt of such notice and is subject to negotiations with CRA. At the end of the fifth year, the parties may renew the yearly maintenance contract upon written agreement signed by both parties. 6. Contractor will provide a warranty for a minimum of 10 year warranty on Garland Industries material warranty and 20 manufacturer's warranty for the barrel tiles utilized for the project. 00992640-2 Advanced Roofing will need to submit to the CRA three equivalent or better barrel roof the selections from comparable manufacturers if the historic the profiles and coloring are not available. Product manufacturer's specifications and warranties shall be provided as part of the closeout package prior to receiving final payment. 7. Contractor may engage subcontractors and subconsultants for the Project. Subconsultant services of a type subject to § 287.055, Florida Statutes (also known as the Consultants' Competitive Negotiations Act)may be engaged at an hourly cost in an amount not to exceed cost of $25,000. All subconsultants, including any structural engineers, will need to be licensed (in good standing) and meet CRA insurance requirements for general liability, professional liability, worker's compensation, and automobile coverage under the same terms and conditions as Contractor. All subcontractors and subconsultants must be approved by the CRA in writing prior to engagement for work on the Project. 8. Contractor will conduct an initial inspection of damaged structural roof components;provide Signed and Sealed drawings to the City of Boynton Beach Building Department for review and approval as required, and inspect all work to ensure all work is done in accordance with the drawings. 9. Contractor will provide a timeline and preliminary construction progress schedule with an overall duration for the roof replacement to the CRA for the Contract though the CRA will acknowledges that there may be timeline extensions granted for unexpected scheduling delays not within control of the contractor as described in paragraph 10 below. Contractor shall submit to CRA for review and comments in the progress schedule to reflect the impact thereon of new developments but Contractor may not extend the overall duration of the roof replacement or extend the deadline for achievement of Substantial Completion without approval by the CRA through the process described in Paragraph 10. 10. Contractor will achieve Substantial Completion of the Project, which will be evidenced by a Certification of Substantial Completion, within 60 calendar days from the date of the issuance of the Notice to Proceed. The form of the Notice to Proceed is found in Exhibit E. The Project will be completed within 30 calendar days from the date of Substantial Completion. Any failure of Contractor to perform within the specified time may be excused only for hurricanes, tornados, civil tumult or riot, terrorist acts, epidemics, acts of God, or other conditions beyond the control of the Contractor. Nothing in this paragraph shall be read to prevent a change in the deadlines described in this paragraph so long as such change is effectuated through a fully executed Change Order or amendment to the Agreement. 11. Actual loss suffered by the CRA if the Project is not completed on time is not readily ascertainable at the time of entering this Agreement. Accordingly, instead of requiring any such proof, the CRA and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay the CRA five hundred dollars ($500.00) for each day that expires after the time specified for Substantial Completion until the work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining work within the time provided for in the Agreement (or any proper extension thereof granted by the CRA), Contractor shall pay CRA five hundred dollars ($500.00) for each day that expires after the time specified for completion and readiness for final payment. Contractor expressly acknowledges that such sum is not payable as a penalty but as liquidated damages representing a reasonable estimate of delay damages, inconvenience and additional overhead and costs likely to be sustained by the CRA, estimated at the time of executing the Agreement. If the CRA reasonably believes in its 00992640-2 discretion that Substantial Completion will be delayed, it shall be entitled, but not required to withhold from any amounts otherwise due the Contractor an amount then believed by the CRA to be adequate to recover liquidated damages applicable to such delays. Partial use or occupancy of the work shall not result in the work being deemed Substantially Complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 12. Contractor will obtain and provide all insurance coverage required by the CRA, including Builder's Risk insurance, as detailed in Exhibit B to the Agreement, which is hereby incorporated herein (and consequently, into the Agreement) as if fully set forth. Contractor will provide a waiver of subrogation for all applicable policies as required by Exhibit B. 13. Contractor will provide a Surety Performance and Payment Bond equal to the price of the cost of the roof replacement that meets the requirements described in Exhibit B. The form of the Surety Performance and Payment Bond is attached as Exhibit C to the Agreement, which is hereby incorporated herein (and consequently, into the Agreement) as if fully set forth. 14. Contractor's Warranty of Title—Contractor warrants and guarantees that all work, materials and equipment covered by Invoice for payment of Compensation, whether incorporated in the Project or not, will pass to the CRA free and clear of Liens no later than the time of payment of Compensation. (See Exhibits C and E for applicable forms) 15. Any changes to the Project, including as described in this Exhibit A and the Contract Documents, must be effectuated by written change orders agreed upon by both parties (See Exhibit D, Changes in the Work). 16. Contractor may not substitute materials, products, subcontractors, subconsultants, methods, or any other item, entity, or process that has been approved by the CRA without the prior written approval by the CRA. Contractor must provide sufficient information within a reasonable time to allow CRA to determine proposed substitution is equal or better to that is indicated or required by the Contract Documents. Substitution requests shall include the Contractor's waiver of his/her/its rights to additional compensation or time for the failure of the proposed substitution to properly perform. In order for a substitution to be considered, one or more of the following conditions must be met: a) The substitution request must be timely, fully documented and properly submitted; b) The request is directly related to an"or equal" clause in the Contract Documents; c) The product or method prescribed in the Contract Documents is no longer available; or, d) There is a substantial advantage offered to the CRA in terms of cost, time, energy conservation or other considerations of merit. 17. In the event of an emergency affecting or with the potential to effect the safety or protection of persons or the Project or property at the site or adjacent thereto,Contractor,without special instruction or authorization from the CRA, is obligated to act to prevent threatened damage, injury or loss. Contractor shall give CRA prompt written notice if Contractor believes that any significant changes in the work or variations from the Contract Documents have been caused. If CRA determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order will be issued to document the consequences of the changes or variations. During adverse weather, and against the possibility thereof, the Contractor shall take all necessary precautions to ensure that the work on the Project shall be done in a good and workmanlike condition and is satisfactory in all respects. When required,protection shall be provided by the use of tarpaulins, wood and building paper shelters, or other acceptable 00992640-2 means. The Contractor shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and Contractor shall take such precautions and procure such additional insurance as he deems prudent. The CRA may suspend construction operations at any time when, in the CRA's judgment, the conditions are unsuitable or the proper precautions are not being taken,whatever the weather or water level conditions may be, in any season. 18. At all times during the Project, Contractor shall maintain in a safe place at the Property one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders, and written interpretations and clarifications (the Record Documents) in good order and annotated to show all changes made during construction. The Record Documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the CRA for reference. Upon completion of the Work, these Record Documents, samples, and Shop Drawings will be delivered to the CRA and will be the property of the CRA. 19. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: • All employees working on the Project (in any capacity) and other persons and organizations who may be affected thereby; and • All parts of the Project, including materials and equipment, whether such materials and equipment are in use or are in storage on or off the Project site or Property; and • Other property at the Project or Property or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and underground facilities not designated for removal, relocation or replacement in the course of construction. Contractor shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss on or off the work and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the work on the Project may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in above paragraphs caused, directly or indirectly, in whole or in part, by Contractor, or any subcontractor (which term includes suppliers) or any other person or organization directly or indirectly employed by any of them to perform or furnish any portion of the Project for anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Project and the performance thereof shall continue until such time as all the work on the Project is completed and CRA and City of Boynton Beach have issued a notice to the Contractor that the Work is acceptable(except as otherwise expressly provided in connection with a Certification of Substantial Completion). 00992640-2 Contractor will observe the safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as any governmental entity or agency with jurisdiction or oversight responsibilities involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable laws. The Contractor shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on the Project and/or related to the Agreement. The Contractor shall promptly furnish the CRA and any governmental entity or agency with jurisdiction or oversight responsibilities with reports concerning these matters. Contractor shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to the CRA. 20. Contractor will coordinate directly with the CRA Project Manager Thuy Shutt for all matters related to the Project; except all legal correspondences and notices under this Agreement shall be directed to Michael Simon, Executive Director of the CRA. 21. No later than 10 days after the effective date of the Agreement, Contractor will provide to the CRA copies of all professional licenses implicated by the Project, copies of Contractor's W-9, required bonds and insurance documents, and evidence of good standing and ability to do business in the state of Florida. 00992640-2 EXHIBIT B BONDS AND INSURANCE REQUIREMENTS CONTRACTOR'S BONDS: B.I. CONTRACTOR shall upon delivery of the executed Agreement to the CRA furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. Each Bond shall be furnished in an amount equal to 100% of the amount of the Contract. The form and conditions of the Bonds and the Surety shall be acceptable and satisfactory to the CRA and Surety shall be a nationally recognized Surety Company acceptable to the CRA, listed on the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, V.S. Treasury Department, for projects not exceeding ($500,000) five hundred thousand dollars and meet the other requirements of Florida Statutes Section 287.0935 (2001). If the CONTRACTOR is a partnership, the Bond should be signed by each of the individuals who are partners; if a corporation, the Bond should be signed in the correct corporate name by duly authorized officer, agent or attorney-in-fact. There should be executed an appropriate number of counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond should be accompanied by (a) appropriate acknowledgment of the respective parties; (b) appropriate duly certified copy of Power-of-Attorney or other certification of authority where bond is executed by agent, officer or other representative of Contractor or Surety; (c) duly certified extract from by- laws or resolutions of Surety under which Power-of-Attorney, or other certificate of Authority of its agent, officer or representative was issued. B.2. If the surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 6.1., CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 6.1. CONTRACTOR'S failure to timely furnish a substitute surety shall constitute a material breach of the Contract and shall give the CRA the immediate right to terminate the CONTRACTOR for cause in accordance with Article 16 of the Contract General Conditions. CONTRACTOR'S INSURANCE: B.3. General: CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR,by any Subcontractor,by anyone directly or indirectly employed by any of them 00992640-2 to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. Before starting and during the term of this Contract, the CONTRACTOR shall procure and maintain insurance of the types and to the limits specified in paragraph 6.4,inclusive below. B.4 Coverage: Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: B.4.1. Workers' Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal laws. CONTRACTOR shall require all subcontractors to maintain workers compensation during the term of the agreement and up to the date of final acceptance. CONTRACTOR shall defend, indemnify and save the CRA, CONSULTANT and the City of Delray Beach harmless from any damage resulting to them for failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance. B.4.1.1. Employers' Liability with Statutory Limits of $100,000/$500,000/ $100,000. B.4.1.2. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the CRA with thirty (30) days' written notice of cancellation and/or restriction. B.4.1.3. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and/or Jones Act if applicable. B.4.2. Comprehensive General Liability or Commercial General Liability Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy or Commercial General Liability filed by the Insurance Services Office, and must include: B.4.2.1. Minimum Limits of total coverage shall be $1,000,000.00 $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet$1,000,000.00 minimum to be acceptable to the CRA. B.4.2.2. Premises and/or Operations. B.4.2.3. Independent Contractor. B.4.2.4. Products and/or Completed Operations. CONTRACTOR shall maintain in force until at least three (3) years after completion of all services required under the Contract, coverage for products and completed operations,including Broad Form Property Damage. B.4.2.5. XCU Coverages. 00992640-2 B.4.2.6. Broad Form Property Damage including Completing Operations. B.4.2.7. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. B.4.2.8. Personal Injury coverage with employees and contractual exclusions removed. B.4.2.9. Additional Insured. The CRA to be specifically included as an additional insured (including products). B.4.2.10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the CRA with thirty (30) days' written notice of cancellation and/or restriction. B.4.2.11. The CONTRACTOR shall either require each subcontractor to procure and maintain, during the life of the subcontract, insurance of the type and in the same amounts specified herein or insure the activities of subcontractors in his own insurance policy. B.4.3. Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: B.4.3.1. Minimum limit of$1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. B.4.3.2. Owned Vehicles. B.4.3.3. Hired and Non-Owned Vehicles B.4.3.4. Employee Non-Ownership B.4.3.5. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the CRA with thirty (30) days' written notice of cancellation and/or restriction. B.4.4. All Risk Property Insurance - When Applicable. Coverage must include real and personal property and in an amount equal to the replacement cost of all real and personal property of the CRA's for which the CONTRACTOR is responsible and over which he exercises control. Builders Risk insurance must be provided to cover Property under construction and an Installation Floater must cover all machinery, vessels, air conditioners or electric generators to be installed. This insurance shall include a waiver of subrogation as to the CONSULTANT and the CRA, the CONTRACTOR, and their respective officers, agents, employees, and subcontractors. B.4.4.1. Coverage to be provided on a full replacement cost basis. 00992640-2 B.4.4.2. Losses in excess often thousand dollars ($10,000) shall be jointly payable to the CONTRACTOR and the CRA. B.4.4.3. Waiver of occupancy clause or warranty. Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) will not be occupied by the CRA. B.4.4.4. Maximum Deductible - $5,000 each claim. B.4.4.5. Copy of Policy. A certified copy of the policy must be provided to the CRA prior to the commencement of work. B.4.4.6. Named Insured. The CRA must be included as a named insured. B.4.4.7. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the CRA with thirty (30) days written notice of cancellation and/or restriction. B.4.4.8. Flood Insurance. When the buildings or structures are located within an identified special flood hazard area, flood insurance protecting the interest of the CONTRACTOR, the CRA must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. B.4.5. A Best Rating of no less than A-7 is required for any carriers providing coverage required under the terms of this Contract. Failure to comply with the insurance requirements as herein provided shall constitute default of this Agreement. Neither CONTRACTOR nor any subcontractor shall commence work under the Contract until they have all insurance required under this Section and have supplied the CRA with evidence of such coverage in the form of certified copies of policies (where required) and certificates of insurance, and such policies and certificates have been approved by the CRA. CONTRACTOR shall be responsible for and shall obtain and file insurance certificates on behalf of its subcontractors. All certified copies of policies and certificates of insurance shall be filed with the CRA. B.4.6. CONTRACTOR shall provide a Waiver of Subrogation to the CRA for all applicable policy. 00992640-2 EXHIBIT C SURETY PERFORMANCE AND PAYMENT BOND Bond No By this Bond, We as Principal, whose principal business address and phone number are ,as Contractor under the contract dated 20 . between Principal and the Boynton Beach Community Redevelopment Agency (CRA), whose principal address and phone number are for the roof replacement for the Historic Woman's Club of Boynton Beach, located at 1010 S. Federal Highway, Boynton Beach, FL(hereinafter referred to as "Contract")the terms of which Contract are incorporated by reference in its entirety into this Bond and , as Surety, whose principal business address and telephone number are the sum of (U.S. dollars) $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns,jointly and severally. THE CONDITION OF THIS BOND is that Principal: 1. Performs, all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1)Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and 3. Pays CRA all losses, damages, including damages for delay, expenses, costs and attorneys' fees, including appellate proceedings, that CRA sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within 5 years after completion of the work under the Contract; then this bond is void; otherwise it remains in full force. In the event that Principal shall fail to comply fully with, carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal's default(s), and having failed to correct such default(s)within a reasonable time , shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the Obligee shall be entitled to enforce any remedy 00992640-2 against Surety available to the Obligee including, but not limited to recovery of damages for the Surety's delay. If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shall be deemed to be a period of one (I) year from the date of final acceptance by the CRA. This Bond does not limit the CRA's ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.11(3) (c), Florida Statutes. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the day of 2018. CONTRACTOR (Contractor Name) BY: (President) (Managing Partner or Joint Venturer) (SEAL) COUNTERSIGNED BY RESIDENT SURETY: FLORIDA AGENT OF SURETY: Name: (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be By: Attached) Name Attorney-in-Fact (CORPORATE SEAL) 00992640-2 LIMITED POWER OF ATTORNEY and (Principal) (Surety) hereby grants the Boynton Beach Community Redevelopment Agency (CRA)Power of Attorney to insert the date of execution on the contract, surety bonds to the contract and agreement entitled, In Witness Whereof, we have hereunto set our hand and seal this day of , 2018. Principal (SEAL) Witnesses: Surety (SEAL) Print Name: Print Name: CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2018,by (name of officer or agent,title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification). Signature and Stamp of Notary Public 00992640-2 EXHIBIT D CHANGES IN THE WORK D.1 A "Change Order" is defined, for purposes of the Contract Documents, as a written order to the Contractor executed by the CRA after execution of the Contract, directing a change in the work and may include a change in the Contract Price or the time for the CONTRACTOR'S performance, or any combination thereof. D.2 Without invalidating the Agreement and without notice to any surety, the CRA may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, Contractor shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). D.3. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified and supplemented as provided, except in the case of an emergency. DA. The CRA and Contractor shall execute appropriate Change Orders (or Written Amendments) covering: D.4.1. Changes in the work which are ordered by the CRA pursuant to paragraph 11.2, are required because of acceptance of defective work or correcting defective work, or are agreed to by the parties. D.4.2. Changes in the Contract Price or Contract time which are agreed to by the parties D.4.3. Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by CRA Board. D.4.4. Execution of a Change Order by the Contractor constitutes conclusive evidence of the Contractor's agreement to the ordered changes in the work and the change in the Contract Price and the time for performance by the Contractor. The Contractor, by executing the Change Order, waives and forever releases any claim against the CRA for additional time or compensation for issues or matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. D.4.5. All Change Orders and adjustments shall be in writing and executed by the Contractor and CRA; otherwise, no claim for additional compensation or time will be permitted. 00992640-2 D.4.6. All Change Orders in which the Contractor seeks additional time must include a Time Impact Analysis which includes an analysis of how the change shall be incorporated into the construction schedule; the status of construction at that time; and the start/finish dates of all affected activities utilizing the dates included in the latest construction schedule. Where the Contractor fails to append a Time Impact Analysis to the Change Order, it agrees that the delay has no affect on Contract Time. D.S. It is distinctly agreed and understood that any changes made in the Contract Documents for this work(whether such changes increase or decrease the amount thereof) or any change in the manner or time of payments or time of performance made by the CRA to the Contractor shall in no way annul, release or affect the liability and surety on the Bonds given by the Contractor. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or contract Time) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor's responsibility, and the amount of each applicable Bond will be adjusted accordingly. D.6. Notwithstanding, anything to the contrary contained within the contract documents, all change orders involving additional cost or extensions of time, shall be at the discretion of the CRA Board. 00992640-2 EXHIBIT E FORMS • NOTICE TO PROCEED • CHANGE ORDER • CERTIFICATE OF SUBSTANTIAL COMPLETION • WARRANTY OF TITLE • FINAL RECEIPT 00992640-2 NOTICE TO PROCEED DATE: TO: (contractor) ADDRESS: HISTORIC WOMAN'S CLUB OF BOYNTON BEACH ROOF REPLACEMENT 1010 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA You are notified that the Contract time under the above contract will commence to run on Month /Day, 2018. By that date, you are to start performing your obligations under the Contract Documents. In accordance with the Agreement the dates of Substantial Completion and Final Completion are Month/Day, 2018 and Month/Day, 2018, respectively. Boynton Beach Community Redevelopment Agency (CRA), Florida By: Print Name Title Copy to (Use Certified Mail, Return Receipt Requested) cc: Project Manager Project File 00992640-2 CHANGE ORDER Owner: Architect: Contractor: Field: Other: PROJECT: CHANGE ORDER NUMBER: Name: Address: DATE: Delray Beach, FL 33444 ARCHITECT'S PROJECT NO: CONTRACTOR: Name. CONTRACT DATE: Address: Citi/Zip Code: NOTICE TO PROCEED: CONTRACT FOR: The Contract is changed as follows: CONTR ACT UNI UNIT ITEM DESCRIPTION T QTY COST TOTAL Delete Contract Items: EA Adjust Contract Items: New Contract Items: * TOTAL ORIGINAL CONTRACT = CONTRACT CHANGE DUE TO THIS CHANGE ORDER = NEW CONTRACT TOTAL INCLUDING THIS CHANGE ORDER = SUBSTANTIAL COMPLETION DATE CONTRACT TIME CHANGE* = DAYS 0 REVISED SUBSTANTIAL COMPLETION DATE _ 00992640-2 CERTIFICATE OF SUBSTANTIAL COMPLETION HISTORIC WOMAN'S CLUB OF BOYNTON BEACH ROOF REPLACEMENT 1010 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA CONTRACTOR: CONTRACT DATE: This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: TO: Boynton Beach Community Redevelopment Agency (CRA), Florida AND TO: (CONTRACTOR) The Work to which this Certificate applies has been inspected by authorized representatives of the CRA and CONTRACTOR, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on: (Date of Substantial Completion) A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRAC- TOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 15 days of Substantial Completion. The responsibilities between the CRA and CONTRACTOR for security, operation, safety, main- tenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: CRA: CONTRACTOR: Assumes responsibility for all of the above 00992640-2 CSC-1 The following documents are attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by CRA on , 2018. By: Title: CONTRACTOR accepts this Certificate of Substantial Completion on: 2018. By: Title: The CRA accepts this Certificate of Substantial Completion on: 2018 By: Title: 00992640-2 CSC-2 WARRANTY OF TITLE (For Periodic Progress Payments) STATE OF FLORIDA ) ) SS CONTRACTOR: COUNTY ) HISTORIC WOMAN'S CLUB OF BOYNTON BEACH ROOF REPLACEMENT 1010 S. FEDERAL HIGHWAY BOYNTON BEACH, FLORIDA BEFORE ME, the undersigned authority, personally appeared (the "Affiant"), who after being duly sworn, says that he is the "CONTRACTOR",pursuant to a Contract (the "Contract") dated , 2018, with the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA"), for the supply of certain labor and/or materials (the "Work"), to certain property, as shown and described in the Contract Documents, subsequent Addenda or Change Orders, and on behalf of the Contractor makes the following warranties: L The CONTRACTOR warrants that it has fully completely in accordance with the plans and specifications therefore,that portion of the Work,pursuant to the Contract(the"Completed Work") covered by the attached Periodic Progress Payment Request. IL The CONTRACTOR further warrants and represents that: I. All subcontractors, vendors, material men, suppliers and other parties of whatever kind of nature who are entitled to payment from the CONTRAC- TOR for providing labor and/or materials to the CONTRACTOR pursuant to the Contract as of the date in the last previous request for payment have been paid in full and therefore have delivered to the CONTRACTOR val- idly executed Partial Release of claims with respect thereto. 2. Title to all materials and equipment covered by the attached Periodic Pay Request for Payment dated 2018,passes to the CRA at the time of payment free and clear of all liens. (Contractor) (Signature) (Title) SWORN TO AND SUBSCRIBED before me this day of 2016. Signature and Stamp of Notary Public 00992640-2 WT-I FINAL RECEIPT STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: 1. He/she is of (Title) (Name of Corporation or Firm) a corporation which is named in Construction Contract dated the day of , 2018 between said corporation as the CONTRACTOR and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the CRA) for the construction of: HISTORIC WOMAN'S CLUB OF BOYNTON BEACH ROOF REPLACEMENT 1010 S. FEDERAL HIGHWAY BOYNTON BEACH,FLORIDA 2. CONTRACTOR has fully completed all construction and work under the Contract and Title to all work, materials and equipment under the Contract passes to the CRA at the time of final payment, free and clear of all liens, and all labors, and material men and subcontractors have been paid in full for performing or furnishing the work, labor or materials under the Contract. 3. Receipt by CONTRACTOR of the final payment from the CRA in the amount $ shall constitute a full release and discharge by CONTRACTOR to the CRA and the City of Delray Beach of all claims or liens of CONTRACTOR against the CRA arising out of, connected with, or resulting from performance of the Contract, including full payment for all extra work and material furnished by the undersigned in the construction of said improvements. 4. The undersigned further certifies that all non-exempt taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. 5. This statement under oath is given in compliance with Sections 713.05 and 713.06, Florida Statutes. Affiant Contractor Signed and sealed in the presence of: By: Print Name: Title: Sworn to and subscribed before me this day of 2018. Signature and Stamp of Notary Public 00992640-2 EXHIBIT F DEFINITIONS Wherever used in these Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: AGREEMENT - The written agreement between the CRA and CONTRACTOR covering the Work to be performed; when other Contract Documents are attached to the Agreement, they become a part of the contract. The Agreement is also referred to as the Contract. APPLICATION FOR PAYMENT - The form accepted by CRA which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. BONDS - Performance and Payment bonds and other instruments which protect against loss due to inability, failure or refusal of the CONTRACTOR to perform the work specified in the contract documents. CALENDAR DAY - A calendar day of 24 hours measured from midnight to the next midnight, including Saturdays, Sundays and holidays and regardless of the weather. CHANGE ORDER - A document submitted by CONTRACTOR which is signed by the CONTRACTOR and the CRA which authorizes an addition, deletion, or revision in the work, or an adjustment in the Contract Price or Contract Time, issued on or after the execution of the Agreement. Change Orders must be in writing and verbal agreements of any matter are expressly excluded from any definition. CRA - The Boynton Beach Community Redevelopment Agency, a City Special Dependent District, its authorized and legal representatives, the public entity with whom the Contractor has entered into the agreement and for whom the work is to be provided. CONSTRUCTION SUPERINTENDENT-The construction superintendent shall be in attendance at the project site during performance of the Work and shall represent the CONTRACTOR. Communications given to the construction superintendent or decisions made by the construction superintendent shall be as binding as if given to or made by the CONTRACTOR. Important communications or decisions shall be confirmed in writing. Other communications or decisions shall be similarly confirmed by written request in each case. CONTRACT DOCUMENTS - The Contractor's Proposal, Agreement, Payment Bond, Performance Bond, Certificate of Insurance, Notice of Tentative Award, Notice to Proceed, Certificate of Substantial Completion, Warranty of Title, Final Receipt - Release of Lien, Definitions, Technical Specifications, Drawings, Addenda and Change Orders executed pursuant to the Contract Documents. 00992640-2 CONTRACT PRICE - The total monies payable by the CRA to the CONTRACTOR under the terms and conditions of the Contract Documents which can be modified only by written change order. CONTRACT TIME - The number of successive calendar days stated in the Contract Documents for the completion of the Work. CONTRACTOR - The person, firm, or corporation with whom the CRA has executed the Agreement to furnish the Work called for in the Contract Documents and its representatives, agents, employees, officers, directors and all others affiliated therewith. DEFECTIVE WORK - Work determined by the CRA or Consultant to be unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the require- ments of any inspection, reference standard, test, or approval referred to in the Contract Documents; or Work that has been damaged prior to final payment. DRAWINGS - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope of the Work, which have been prepared or approved by CRA or its representative and which are considered part of the Contract Documents. EFFECTIVE DATE OF THE AGREEMENT-The date indicated in the Agreement,but if no such date is indicated it means the date on which the Agreement is signed by the last of the two parties to sign the Agreement. FIELD ORDER - A written order by the CRA or its representative that does not impact the cost or time of performance of the Work and for which no increase in Contract Sum or Contract Amount shall be permitted. LAWS AND REGULATIONS, LAWS OR REGULATIONS - Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations. NOTICE OF TENTATIVE AWARD - The official written notice by the CRA to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein within the time specified, the CRA may enter into an Agreement for the price specified in the Bid. NOTICE TO PROCEED - The written notice issued by the CRA, or its agents, to the CONTRACTOR requiring the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time. PARTIAL UTILIZATION -Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. 00992640-2 PAYMENT REQUEST - means a request for payment for construction services which conforms with all statutory requirements and with all requirements specified by the CRA to which the payment request is submitted. PUNCH LIST - The CRA's list of Work yet to be done or be corrected by the Contractor, before the Final Completion date can be determined by the CRA. RESIDENT PROJECT REPRESENTATIVE(RPR) - The resident project representative, shall be in attendance at the project site during performance of the Work and shall represent the CRA directly. SHOP DRAWINGS - All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the CONTRACTOR to illustrate some portion of the Work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the CONTRACTOR to illustrate material or equipment for some portion of the Work. SPECIFICATIONS - (Same definition as for Technical Specifications hereinafter). SUBCONTRACTOR - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. SUBSTANTIAL COMPLETION - The Work (or a specified part thereof) has progressed to the point where, in the opinion of CRA as evidenced by CRA'S definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "substantially complete" and"substantially completed" as applied to any Work refer to Substantial Completion thereof. When the entire Project is considered to be Substantially Complete,this does not constitute Final Acceptance or Final Completion of the entire Project. Substantial Completion cannot occur in the absence of CRA'S express written approval of such. SUPPLIER -A manufacturer, fabricator, supplier, distributor, material man or vendor. SURETY -Any person, firm or corporation who is bound by bid or contract bond with and for the CONTRACTOR. TECHNICAL SPECIFICATIONS - Those portions of the Contract Documents consisting of the General Requirements and written technical descriptions of products and execution of the Work. UNDERGROUND FACILITIES - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases,steam,liquid petroleum products,telephone or other communications, cable television,water supply or distribution, sewage and drainage removal,traffic or other control systems. 00992640-2 WORK — The totality of any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the CONTRACTOR under the Contract Documents, whether completed or partially completed, including all labor, materials, equipment and other incidentals and the furnishing thereof. WORK DIRECTIVE CHANGE - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by the CRA, ordering an addition, deletion or revision in the Work, or which references an emergency or unforeseen physical conditions under which the Work is to be performed. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time. WRITTEN AMENDMENT - A written amendment of the Contract Documents, signed by the CRA and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. 00992640-2 EXHIBIT G ADVANCED ROOFING, INC. PROPOSAL 00992640-2 �IIIII�IIIIIIIIIIIINII��r1lil�illlg�« � I � ul�l�lf�l� I llllllill�ul�u�u: p CC-CO24413 ESTABLISHED 1983 June 1,2018 Mr.Thuy Shutt Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. Boynton Beach, FL 33435 Re: Boynton Beach Community Redevelopment—Women's Club Dear Mr.Shutt, We are pleased to submit the following proposal for your consideration on the above referenced premises as follows.We agree to provide all labor, materials,tools,equipment and proper insurance with excess liability up to eleven (11) million dollars. HANDMADE CLAY TILE ROOF SYSTEM Clay Tile Roof System(7,060 SF) proposed: 1. Scope of Work: Remove existing clay tile and underlayment down to wood deck. Re-nail existing wood deck per local building code. Furnish and install one (1) ply of Garland Viking AOB underlayment tin tagged per local building code. Furnish and install one (1) ply of Garland Viking UDL Metal SA underlayment. Furnish and install clay handmade barrel tile, including all trim pieces.*Proposal tile based on Verea Grenada handmade barrel clay tile. Samples to be delivered to client for approval. Other clay tile may require additional charges. 2. Shop fabricate and install new 16 oz. copper drip edge, valleys, head wall flashing, and counterflashing metal as required. 3. Shop fabricate and install new.040 aluminum AP vent to replace existing on roof. 4. Proposal includes an allowance of 500 sq. ft. for plywood deck replacement and 100 LF of fascia replacement. *Painting of fascia board is excluded and to be completed by others. Additional plywood deck replacement will be charged at $3.00 SF and additional fascia will be charged at $8.00 LF. 5. Proposal excludes all structural wood replacement and will charged at an additional charge of $15.00 per LF after further investigation on rafter conditions. 6. Existing gutters and downspouts to remain. Gutters to be cleaned of debris. 7. Proposal excludes all stucco work,except 6"above counter flashing as necessary. 8. Pricing is based on one(1) mobilization. 9. There is no mechanical or electrical work included in this price. 10. Crane loading and dumpster included in bid. 11. Roof System Testing and permitting for purpose of the roof scope of work are included in base bid as necessary. 12. Performance and Payment can be provided at 1.25%of the total bid price. Not included in base bid. www.advaf?cedroofit7g.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22"d Street I Fort Lauderdalel Florida 33311 �IIIII�IIIIIIIIIIIINII��r1I11�illlg�« � I � ul�l�lf�l� I IIIIlliII�ul�u�u: p CC-CO24413 ESTABLISHED 1983 GARLAND DURA WALK WATERPROOF SYSTEM Waterproof Balconies Roof System (1,592 SF) proposed: 1. Scope of Work: Remove existing mod bit roof on Roof G, and remove coating on Roof E &F. Prep concrete deck per manufacturer specifications. Furnish and apply Garland Dura Walk primer at a rate of.5 gallon per 100 sq.ft. Furnish and apply Garland Dura Walk Base Coat at a rate of 2 gallons per 100 sq.ft. Furnish and apply Garland Dura Walk Wear Layer Coat at a rate of 1 gallon per 100 sq.ft. Furnish and apply Garland Dura Walk Top Coat at a rate of 1 gallon per 100 sq.ft. 2. All base flashings to be treated with Dura Walk Polyester tape embedded in coating per manufacturer specifications. 3. All existing drip edge,counterflashing,gutters,downspouts and door thresholds to remain. 4. Railings on balconies to be removed and reinstalled by others. 5. Pricing is based on one(1) mobilization. 6. Crane loading and dumpster included in bid. 7. Roof System Testing and permitting for purpose of the roof scope of work are included in base bid as necessary. 8. Performance and Payment can be provided at 1.25%of the total bid price. Not included in base bid. GRAND TOTAL QUOTATION FOR THE SUM OF:...................................................................................................................$284,934.00 (Two hundred Eighty-Four Thousand Nine Hundred Thirty-Four Dollars) Thank you for the opportunity to bid on this work. Should you have any questions or require any additional information, please do not hesitate to call. Sincerely, Few V"d4 Ben Bradley Estimator/Project Manager www.advaf?cedroofit7g.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street I Fort Lauderdalel Florida 33311 IIIIII�IIIIIIIIiIIIrC�i' i �f�� ADVANCED, RD 0 F I � luru��l�llll I IIu�I�I�I `i'u� CC-CO24413 ESTABLISHED 1983 Boynton Beach Community Redevelopment Agency 1010 S. Federal Highway Boynton Beach, FL 33435 Fort Lauderdale Term Contract PROJECT COST SHEET BLDG NAME: Boynton Beach -Women's Club PROJECT NAME: Women's Club-Tile and Waterproofing WORK ORDER NUMBER: PROJECT COORDINATOR: Thuy Shutt CONTRACTOR: ADVANCED ROOFING INC. DATE: June 1st, 2018 SQ.FT. 8,652 Qty Pay Item No. Description Unit Unit Cost TOTAL COST 7060 2b Tear off Tile Roof SF 1.00 7,060.00 684 2b Tear off Mod Bit Roof-Balcony Roof G SF 1.00 684.00 48 26B Coating Removal Labor-Balcony E&F HR 70.00 3,360.00 143 26B Structural Concrete Preperation-Balconies HR 70.00 10,010.00 100 43 Allowance 100 LF Fascia Replacement LF 8.00 800.00 Allowance 500 SF of Plywood Deck 500 30Ab Replacement SF 3.00 1,500.00 72 26B Renail Plywood Deck per local building code HR 70.00 5,040.00 7060 31Bb Furnish and Install 30#Felt SF 2.00 14,120.00 7060 31Be Furnish and install SAUnderlayment SF 4.50 31,770.00 1 43 Upgrade to Garland Underlayments EA 1,822.00 1,822.00 9500 40Bb Furnish and Install Clay Tile&Trim SF 9.00 85,500.00 9500 43 Upgrade to Handmade Clay Tile(Material) EA 2.00 19,000.00 160 26B Upgrade to Handmade Clay Tile(Labor) HR 70.00 11,200.00 200 33Ab Shop fabricate Stainless Steel Flashings LF 3.00 600.00 1 43 Upgrade CF to 16 oz copper EA 400.00 400.00 530 11 Cb Shop fabricate and install copper drip edge LF 10.00 5,300.00 Shop fabricate and install stainless steel 150 12b counter flashing LF 5.00 750.00 1 43 Upgrade CF to 16 oz copper EA 160.00 160.00 1 43 Stucco Repair @ CF-Materials EA 500.00 500.00 32 26B Stucco Repair @ CF-Labor HR 70.00 2,240.00 1 43 Chimney Pan-Tile Roof EA 1,000.00 1,000.00 6 22 VTR Flashing EA 75.00 450.00 1 43 AP Vent EA 250.00 250.00 1 43 Garland Dura Walk Waterproofing Materials EA 16,700.00 16,700.00 474 26B Waterproofing Labor-Journeyman HR 70.00 33,180.00 160 26B Waterproofing Labor-Supervisor HR 30.001 4,800.00 32 26B Clean Out Gutters HR 70.00 2,240.00 1 44 Trucking/Lift/Rental Equip. EA 16,783.00 16,783.00 1 43 Shot Blast and Powerwash Rental EA 6,000.00 6,000.00 1 43 Testing Required EA 1,215.00 1,215.00 1 43 Property Protection EA 500.00 500.00 H. Total Cost I $ 284 934.00 www.advaf?cedroofit7g.com 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22nd Street I Fort Lauderdale) Florida 33311 0�, 0� 0 J Lj o T uj a LL LL a W T� O cv ° O r in o U l� m' W LL W � � O 6 U J Q � � m 0 ° Ln ' Ln U � ° U � 6 N ° { a N Takeoff Record - Womans Club CAD (Units: Feet) Area Length Count Roof A AP 1.00 4' 0" 1 0 Roof Plane 6350.91 Eave 70' 0" Eave w/Gutter 246' 0" Hip(Dig) 133' 8" Valley(Dig) 49' 5" Ridge 74' 0" Rake Edge 63' 3" End/Step Flashing 13' 8" Head Wall 60' 0" [� Roof B 0 Roof Plane 164.92 Eave 28' 0" Eave w/Gutter 8' 0" Hip(Dig) 23' 0" End/Step Flashing 20'T Roof C 0 Roof Plane 329.85 Eave 48' 0" Eave w/Gutter 160" Hip(Dig) 34'6" End/Step Flashing 33' 0" Roof D 0 Roof Plane 214.40 Eave 32' 0" Eave w/Gutter 10' 0" Hip(Dig) 28' 9" Rake Edge 4' 1" End/Step Flashing 18'7" 05/21/18 - 03:01:57 This report produced by RoofCAD 5.1.45.2 page 1/2 Takeoff Record - Womans Club CAD (Units: Feet) Area Length Count Q Roof E 0 Flat Roof 334.00 94' 0" 6 Metal Edge 48' 0" Gutter Edge 47' 0" 8" Base Flashing 30.36 46' 0" a Roof F 0 Flat Roof 574.00 132' 0" 10 8" Base Flashing 43.56 66' 0" Q Roof G 0 Flat Roof 684.00 150' 0" 8 Metal Edge 66' 0" 8" Base Flashing 55.44 84' 0" 8"' Counter Flash 56.00 84' 0" Q Brick Chimney 25.00 25' 0" 1 05/21/18 - 03:01:57 This report produced by RoofCAD 5.1.45.2 page 2/2 Your Name: John - 5/21/2018 v nc Site Inspection Form/Sloped Roof Areas Job Name: Boynton BeachWoman's Club -Tile Roofs Address: 1010 S. Federal Highway, Boynton Beach Actual Height of Building: A: 28', B - D: 24" Base Measurement: Diagonal Height to Center Pin: Yes/No Access: Roof Section Unaccesable?: No Yes/No Parking Lot on South Side Pavers: No Street Access: No Fences, Gates, and Walls: No Tight Turns: No Overhangs: No Buried Drainage: No Near Airport? No Slope of Roof: A: 4/12, B - D: 3/12 Ladder Length Required: 16" from Balconies Existing Roofing: Shingle/Type: Tile/Type: I Katio (Columbia) Clay Barrel Tiles Metal/Type: Substrate: Plywood Deck: Wood Plank Metal Deck: Open Frame: Bar Joist/Perlins Spacing: L.F. Ridge: 74" L.F.Valley: 49' L.F. Hip: 220" L.F. "L" Flashing/Type: 146' - Copper L.F. Step-Flashing/Type: Stucco Stop: 146" (Needed) L.F Drip-Edge/Type: 525' - Copper Stretch-Out: 6e" L.F. Gutter/Type 280' - Painted Steel Stretch-Out: 17" Condition of Gutter: Leave In Place I lReplace: I IRepair: Ix Gutter Nailed Thru Drip Edge? No Yes: No: L.F. Downspout/Type: 180' - Painted Steel Demensions: 3e"x 5e" Condition of Downspout: Leave In Place: Replace: Repair: Ix Penetrations: Vent Pipes: 2 -2" &4 -4e" AP Vents: 1 - 8e" x 12" GaIv. Turbines: Exhaust Fans: Skylights: Satellite Dish: Lightning Protect: Sheet Metal Profile: Notes: Wood plank deck with 30/90, and tiles set in foam. Many broken and loose tiles rioted. Underiayent stripped-in at most roof to wall locations- L metal and stucco stop needed. Some repairs to the stucco rioted above the head walls. Deck deflection rioted at the south end of the west side. VTR's on roof B are too low(1 -2" & 1 -4"). **Confidential** 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22ND STREET FORT LAUDERDALE FLORIDA 33311 Pub Date:02/22/08 F- 1 _ M AT'r R. .. A DVAT CC:WEDTAAqR Co 0 F O IN G1 Your Name: John Peak e: 5/21/2018 Advanced Roofing, Inc Site Inspection Form/Flat Roof Areas Job Name: Boynton BeachWoman's Club -Balconies Address: 1010 S. Federal Highway, Boynton Beach Height of Building: 13' Crane Area Footprint: Pin to Building Wall: IRoof Edge to Landing Zone: Staging Area: Yes/No Yes/No Parking Lot at South End Roof Section Unaccesable?: No Street Access: No Pavers: No Tight Turns: No Fences, Gates, and Walls: No Buried Drainage: No Method of Roof Access: Overhead Clearance: No Weight Restrictions: No Doors Overhead Power Lines: No Near Airport? No Slope of Roof: 1/4" per Foot Structural? Yes Ponding? No Base Flashing Roof Penetrations Mechanical &Other Equipment A. Height: B. Lineal Ft: Drains: lConcluit on Roof: 011 (E & F) 147" Conduit on Parapet: 6" (Roof G) 104" Pitch Pans: stand Legs: conduit Lines: Conduit on Stands: Conduit Stand Height: Conduit Stands: Water Line: 36' Spotlights: Stucco Stop: (Roof G) 104" Cable TV: Surface Mount: VTRs: Chiller Water Pipe: Wood Nailer Existing: Chiller Pipe Height: Coping: Chiller Pipe Stands: AP Vents: Chiller Pipe Penetrations: Gravel Stop: L/P on Roof: Drip Edge: (E & G) 114" Scuppers: L/P on Parapet: Slip Flashing: A. Primary: L/P Conduit Downlead: Term Bar: L/P Type: PT Wood: B. Overflow: No. Lighting Rods: Field E. Joint: Low voltage wire: Wall to E. Joint: C. Overflow Height: A/C Units Abandoned Gutter: (Roof E) 47` Splits: Abandoned Curbs: Downspouts: 30' 3"x 4" Painted Steel Leaderheads: Abandoned Stands: Goose Necks: Stand Height: Stand Legs: Exhaust Fans: Line Jacks: Abandoned Equipment: 1 - Conduit Penetration on Roof E Package Units: Abandoned Pitch Pans: Curb Height: Roof Penetrations Skylights: Conduits Thru Roof: Curb Height: Door Thresholds: Trash Chute: A/C Screen Wall: 2 - 36", 1 - 54", & 7 - 30" Hatch: Ducts: Satellite Dish: Flues & Stacks: 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22ND STREET FORT LAUDERDALE FLORIDA 33311 Pub Date:02/22/08 Breather Vents: Turbines:mmm;z lCooling Tower Height: NOTE. SEE ATTACHED DRAWING AND FILL OUT SHEET METAL STRETCH OUTS Core Cut& Roof System Information Two Roofs: Yes: No: x Roofs E & F: Roof G: Concrete Deck Concrete Deck Waterproof Coating 1/4" BUR with Mod Bit Ca ADDITIONAL INFORMATION: TESTCUTS: How is roof attached? E & F: Adhered, G: Mopped Fasteners per square? What type of deck? Concrete If the deck is metal is it vented? No: Yes: Bar Joist Spacing: Existing insulation wet? EXISTING LEAKS: Where: How many: EXISTING COUNTERFLASHING: What type? Stucco Stop Attachment? Surface Mounted and Nailed 8" o. c. CONTENTS OF BLDG: Exterior AIR CONDITIONED INTERIOR? o: Sq. Ft. under AC: INTERIOR INSPECTION OF DECK: INSPECTION AVAILABLE: No: x Yes: TWIN T'S CONCRETE - Gas between T's? METAL DECK- Fasteners showing? CEILING TYPE: Open/ Exposed: Drop ceiling: Drywall: x CONDUITS UNDER DECK: No: Yes: SPRAY ON FIRE INSULATION? No: Yes: EXISTING DRAINS: Strainers Missing: What type: Cast Iron: PVC: Aluminum: Leader Pipe: Type: Size: Condition: BID RETRO DRIANS No: Yes: EXISTING PARAPET WALLS: Height: Width: Condition: Composition: WOOD IN ADJACENT ROOF OR WALL? No Mansards Square Footage: Condition: Substrate: Type of Roof: Slope: Notes & Defects Cracks rioted in concrete deck on roofs E and F. New stainless steel door thresholds on roofs F & G. Drip edge and gutter on roof E9 None on roof F9 and drip edge only on roof G. "CONFIDENTIAL" 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22ND STREET FORT LAUDERDALE FLORIDA 33311 Pub Date:02/22/08 IIIN ��Niii � ;ea�, ADVANCED 0F1 IN GA4 Sheet Metal Take-Off Form Gravel Stop Drip Edge Slip Flashing 2" Metal Type: Metal Type: Copper Metal Type: Rise: High: Low: x Cont. Cleat: Cont. Cleat: Cont. Cleat: Two Piece Cap Metal Stucco Stop W/Lip Y Metal Type: Copper Metal Type: Metal Type: Fill In Dimensions: Fill In Dimensions: Fill In Dimensions: Gutter Overflow Scupper Flow Thru Scupper 5@` 6@` V P 5@` Metal Type: Painted Steel Metal Type: Metal Type: Fill In Dimensions: Fill In Dimensions: Fill In Dimensions: Gooseneck Pitch Pan L Flashing Metal Type: Metal Type: Fill In Dimensions: Fill In Dimensions: NOTES: NOTES: Metal Type: Fill In Dimensions: 800 638.6869 TEL 954.522.6868 FAX 954.566.2967 1950 NW 22ND STREET FORT LAUDERDALE FLORIDA 33311 Pub Date:02/22/08 k � r r ` �" CI t Vmr Iva t � p rl S i �S ii f -- �tt c, r � r N Cu f � EXPERIENCE MATTERS. — 'I ESTABLISHED 1953 Phone(954)522-6868 1 Toll-Free(800)638-6869 1 www.advancedroofing.com 1950 NW 22nd St.Fort Lauderdale,FL 33311 Project: Boynton Beach — Woman's Club r 1= Boynton Beach Woman's Club Roof A—East Side !r • i } s zz1 f �� i f �IrE1K y t Roof A—West Side Clay Barrel Tiles I W111 ul F }j Manufacturer's Stamp Ridge EXPERIENCE MATTERS. — 'I ESTABLISHED 1983 Phone(954)522-6868 1 Toll-Free(800)638-6869 1 www.advancedroofing.com 1950 NW 22nd St.Fort Lauderdale,FL 33311 a i siW � Rake Edge Gutter . r ' Downspout Roof A—North End c , f S Ml �t t �wo t_ � n 4 � Hip Valley EXPERIENCE MATTERS. — 'I ESTABLISHED 1953 Phone(954)522-6868 1 Toll-Free(800)638-6869 1 www.advancedroofing.com 1950 NW 22nd St.Fort Lauderdale,FL 33311 �� i i tt��,yst�s Asst ?r`h r i��i46tt1s1>A I —�— i Ai" zt�>5� t s1� (( }ts$ �i Underlayment Stripped-in at Head Wall Rake and Head Wall meet Hip - Its rs 11i rtiMi� ri}'�� k i Rs iP fr iV u AP Vent VTR r tF i�sAS�I ��ss�Il{lslit , �T4s A," sl )) t r — r I Ali �! is Chimney on West Side Cricket behind Chimney EXPERIENCE MATTERS. — 'I ESTABLISHED 1953 Phone(954)522-6868 1 Toll-Free(800)638-6869 1 www.advancedroofing.com 1950 NW 22nd St.Fort Lauderdale,FL 33311 s u Roof A—South End L Metal and Stucco Stop at Head Wall = t Stucco Repair above Head Wall Deck Deflection at North End of West Side h-�! ! 4 S 010 R 1111 Lower Roof B Lower Roof C EXPERIENCE MATTERS. — 'I ESTABLISHED 1953 Phone(954)522-6868 1 Toll-Free(800)638-6869 1 www.advancedroofing.com 1950 NW 22nd St.Fort Lauderdale,FL 33311 st t e a}i�vYt ,y 1 Ay Broken Tiles Loose Tiles + '.ufs& 1 Core Cut thru Underlayment Tiles Set in Foam S�\ i 'M Ytllf'Yr Underside of Roof A Underside of Roof D EXPERIENCE MATTERS. — 'I ESTABLISHED 1953 Phone(954)522-6868 1 Toll-Free(800)638-6869 1 www.advancedroofing.com 1950 NW 22nd St.Fort Lauderdale,FL 33311 l u'1 11, :i, Balcony E Drip Edge and Gutter P � �Y3, t } { 1 7 f Downspout Balcony to Wall k' _ �""st Railing Post Door Threshold EXPERIENCE MATTERS. — 'I ESTABLISHED 1983 Phone(954)522-6868 1 Toll-Free(800)638-6869 1 www.advancedroofing.com 1950 NW 22nd St.Fort Lauderdale,FL 33311 i 4' Water Line Abandoned Conduit ; S t; P� 4 ilfl S =•.its`;; -- ' Crack in Concrete Balcony F + ;,py c No Drip Edge Fascia EXPERIENCE MATTERS. — 'I ESTABLISHED 1953 Phone(954)522-6868 1 Toll-Free(800)638-6869 1 www.advancedroofing.com 1950 NW 22nd St.Fort Lauderdale,FL 33311 i �t t�iti t� t\ ft1�1 fl l�Pub {>filt Is� �}i� r Stainless Steel Door Threshold Joint in Concrete s� 1 a 1 N" i 1 tt� Balcony G Drip Edge � t`V Stucco Stop Stripped-in Stucco Stop on Railing Post EXPERIENCE MATTERS. — 'I ESTABLISHED 1953 Phone(954)522-6868 1 Toll-Free(800)638-6869 1 www.advancedroofing.com 1950 NW 22nd St.Fort Lauderdale,FL 33311 Tiles under Door Threshold Roof G Core Cut t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 NEW BUSINESS AGENDAITEM: 14.C. SUBJECT: Consideration of Additional Grant Funding for the Economic Development Grant Program SUMMARY: The CRA's Economic Development Grant Program consists of four grant programs. The Commercial Facade Improvement, Commercial Interior Build-Out and Commercial Rent Reimbursement Grant programs are reimbursable, 50% matching grants while the Commercial Construction Permit Grant reimburses applicants the base permit fee associated with the project. These grants have been well received and widely used to leverage and assist a variety of businesses in providing the goods and services within the CRA Area. At the May 08, 2018 meeting, the CRA Board directed staff to provide a fiscal and statistical update of the four Economic Development Grant Programs as well as to identify any available funding for possible reallocation to the programs for the remainder of the current fiscal year. Below is a FY 2017- 2018 year-to-date synopsis: • As of October 1, 2017, the four Economic Development Grant Programs had a total of $552,201 in grant funding. • A breakdown of the four programs is as follows (see Attachments I - IV): • Commercial Rent Reimbursement = $136,101 (12 businesses) • Commercial Interior Build-Out = $226,274 (9 businesses) • Commercial Facade Improvement = $137,083 (12 businesses) • Commercial Construction Permit = $40,771 (5 businesses) • Approximately 10,000 sq. ft. of new commercial space. • Approximately 16,000 sq. ft. of existing commercial space. • The 18 grant recipients include 7 restaurants, 3 retail, 5 professional offices, 2 specialty businesses, and 1 industrial business. • $11,972 in grant funding is available for the remainder of FY 2017 - 2018 (see Attachment V). If desired by the Board, staff has identified $50,000 in available funding within the Project Fund's Business Marketing Program Line Item, 02-58400-445 that could be reallocated the Economic Development Grant Program for the remainder of the current fiscal year. FISCAL IMPACT: FY 2017-2018 Budget, Project Fund, Economic Development Grant Program Line Item 02- 58400-444, $552,201. $50,000 available from the Project Fund, Marketing Line Item, 02-58400-445 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve reallocation of $50,000 to the Economic Development Grant Program. 2. Do not approve reallocating $50,000 to the Economic Development Grant Program. ATTACHMENTS: Description D Attachment I -Commercial Rent Reimbursement Grant D Attachment III -Commercial Facade Improvement Grant D Attachment IV -Commercial Construction Permit Grant D Attachment II -Commercial Interior Build-Out Grant D Attachment V - Economic Development Grant Overview M f�(rtrl 9Syhi '. (ft ._,x}911} {Iryt BOYNTO =BEACH RA COMMERCIAL RENT REIMBURSEMENT GRANT FY 2017 — 2018 Economic Development Grant Program Overview Grant Recipient Address Business Business Type Grant Amount Site Beacon Consulting 625 Casa Loma Existing- Professional $10,800 Engineers, LLC Boulevard, Unit 106 Expanded Office Alexis Knight 100 NE 6 th Street, Existing- Professional $10,200 Consulting Unit 102 Expanded Office Divine N Corp d/b/a 308 N. Federal That's Amore Highway New Restaurant $11,901 Pizzeria Home Racer, LLC 1330 W. Industrial New Industrial $10,800 Avenue Boynton Stretch, 311 E. Woolbright New Specialty $10,800 LLC Road Business Music Strings, LLC 640 E. Ocean New Retail $8,400 Avenue Driftwood 2005, 2005 S. Federal New Restaurant $15,000 LLC Highway Beercade, LLC 125 W. Boynton New Cafe $10,800 Beach Boulevard Monarch Pet 805 N. Federal New Specialty $10,800 Memorial Services, Highway Business Inc. Front Street th Development, LLC 100 NE 6 Street, New Cafe $10,800 d/b/a Marina Cafe Unit 108 Grandma's 1550 N. Federal New Restaurant $15,000 Manufacture, LLC Highway, Unit 1 Tabre Enterprises, LLC d/b/a The 101 NE 5th Avenue New Day Care Center $10,800 King's Learning Center GRANT TOTAL $136,101 M f�(rtrl 9Syhi '. (ft ._,x}911} {Iryt BOYNTO =BEACH RA COMMERCIAL FAQADE IMPROVEMENT GRANT FY 2017 — 2018 Economic Development Grant Program Overview Grant Recipient Address Business Business Type Grant Amount Site Reflection Auto Body, Inc. d/b/a 217 NE 3 d Street Existing Specialty $18,220 Bruno's Auto Body Business & Paint Ekel, LLC 634 E. Ocean Existing Mural $1,750 Avenue JR Watersports 711 N. Federal d/b/a South Florida Highway Existing Retail $25,000 Marine Boss Tacos, Inc. 1550 N. Federal Existing Restaurant $2,148.50 Highway Fashion Shoppes 515 E. Ocean Existing Retail $1,110 Boutique Avenue Banana Boat, LLC 739 E. Ocean Existing Restaurant $25,000 Avenue Driftwood 2005, 2005 S. Federal New Restaurant $2,255 LLC Highway Beercade, LLC 125 W. Boynton New Cafe $25,000 Beach Boulevard Divine N Corp d/b/a 308 N. Federal $1,700 That's Amore Highway New Restaurant Pizzeria Monarch Pet 805 N. Federal New Specialty $25,000 Memorial Services, Highway Business Inc. Front Street th Development, LLC 100 NE 6 Street, New Cafe $900 d/b/a Marina Cafe Unit 108 Tabre Enterprises, LLC d/b/a The 101 NE 5th Avenue New Day Care Center $9,000 King's Learning Center GRANT TOTAL $137,083.50 M f�(rtrl 9Syhi '. (ft ._,x}911} {Iryt BOYNTO =BEACH RA COMMERCIAL CONSTRUCTION PERMIT GRANT FY 2017 — 2018 Economic Development Grant Program Overview Grant Recipient Address Business Business Type Grant Amount Site Banana Boat, LLC 739 E. Ocean Existing Restaurant $16,170 Avenue JR Watersports 711 N. Federal d/b/a South Florida Highway Existing Retail $16,500 Marine Beercade, LLC 125 W. Boynton New Cafe $5,000 Beach Boulevard Monarch Pet 805 N. Federal New Specialty $1,951 Memorial Services, Highway Business Inc. Tabre Enterprises, LLC d/b/a The 101 NE 5th Avenue New Day Care Center $1,150 King's Learning Center GRANT TOTAL $40,771 �lF BOYNTO '3 r11A BE AC RA COMMERCIAL INTERIOR BUILD-OUT GRANT FY 2017 — 2018 Economic Development Grant Program Overview Grant Recipient Address Business Business Type Grant Amount Site JR Watersports 711 N. Federal d/b/a South Florida Highway Existing Retail $25,000 Marine Banana Boat, LLC 739 E. Ocean Existing Restaurant $45,000 Avenue Driftwood 2005, 2005 S. Federal New Restaurant $10,450 LLC Highway Beercade, LLC 125 W. Boynton New Cafe $25,000 Beach Boulevard Divine N Corp d/b/a 308 N. Federal That's Amore Highway New Restaurant $27,000 Pizzeria Monarch Pet 805 N. Federal New Specialty $25,000 Memorial Services, Highway Business 1 nc. Front Street th Development, LLC 100 NE Street, New Cafe $11,400 d/b/a Marina Cafe Unitt 108 Grandma's 1550 N. Federal New Restaurant $45,000 Manufacture, LLC Highway, Unit 1 Tabre Enterprises, LLC d/b/a The 101 NE 5th Avenue New Day Care Center $12,424 King's Learning Center GRANT TOTAL $226,274 z z O O o O 15 15 80 w N o a a a 115 G G lo So So go lo lo mR So m So > 2 mNom= vm zN�lo rwN Joy vvo vo 81 vo vo Q go z o aNw am o2� z iw . x wEM c m2 z. z. ml z Im lo o S t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 NEW BUSINESS AGENDAITEM: 14.D. SUBJECT: Consideration and Discussion of Fiscal Year 2018/2019 Budget SUMMARY: The Boynton Beach CRA is a quasi-governmental, Special District operating under Title XI, Chapter 163, Part I I I of the Florida Statutes. The agency's annual financial operations run on a fiscal calendar beginning on October 1st and ending on September 30th of each year. The C RA does not obtain its revenue from charging an additional tax. The CRA receives its annual funding based on a percentage share of the existing ad-valorum property taxes paid to the City of Boynton Beach and Palm Beach County. The CRA's annual budget is comprised of three accounting funds; 1) the General Fund which contains the administrative, general operation, insurances, property maintenance and CRA/CRAAB and marina related items; and 2)the Project Fund which contains all of the capital projects, development projects or initiatives, property acquisitions, local business grant programs or promotional events, as well as eligible innovative policing activities such as the Neighborhood Officer Program; and 3) the Debt Service Fund which contains the CRA's financial debt obligations and encumbrances such as bond repayments and developer's tax increment funding agreements. As the CRA district continues to see positive economic growth and the agency itself continues reinvest funding into capital projects that enhance the overall district, prioritizing expenditures and longer range financial planning becomes even more important. The project fund budget discussion will attempt to identify the priority projects for the upcoming fiscal year and assign funding amounts to them in a draft project fund budget exercise using a live accounting spreadsheet (see Attachment 11). The financial breakdown will identify current bond debt obligations, existing tax increment revenue funding agreements obligations and available funding for priority projects, programs or funding requests. Included in the review are the preliminary budgets for the Neighborhood Officer Police Program (Attachment 111), Special Events (Attachment IV) and Marketing (Attachment V). After the June 12, 2018 Board meeting, the CRA's annual budget process will continue with funding discussions at the July, August and September meetings of both the CRA and CRA Advisory Boards. Final approval and adoption of the CRA's annual budget for Fiscal Year 2018-2019 is anticipated to occur at the September 18, 2018 City Commission meeting. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan ATTACHMENTS: Description D Attachment III - Neighborhood Police Program D Attachment IV -Special Events D Attachment V - Marketing D Attachment I - Projected General Fund/Debt Service Expenses D Attachment II - Project Fund Live Spreadsheet Actual Category Notes Quantity Cost per Unit Subtotal' 948 Sergeant Salary&Incentive(Diehl) 1 $ 92,763 $ 92,763 Salary,Education Incentive Sergeant Benefits-Pension 1 $ 44,443 $ 44,443 Pension Sergeant Benefits 1 $ 15,625 $ 15,625 Healthcare,Dental,Vision,Fica Officer Salary&Incentive(Paramore) 1 $ 62,781 $ 62,781 Salary,Education Incentive Officer Benefits-Pension 1 $ 30,078 $ 30,078 Pension Officer Benefits 1 $ 13,330 $ 13,330 Healthcare,Dental,Vision,Fica Officer Salary&Incentive(NEW) 1 $ 54,304 $ 54,304 Salary,Education Incentive Officer Benefits-Pension 1 $ 26,017 $ 26,017 Pension Officer Benefits 1 $ 12,680 $ 12,680 Healthcare,Dental,Vision,Fica $ 352,021 Personnel Costs Total ¢ ^9 Radio and Related Equipment 1 $ 2,000 $ 2,000 Bike Rack 1 $ 250 $ 250 Misc.Equipment-As Needed $ 2,500 $ 2,500 $ 4,750 Equipment Costs Total Cell Phones Service Plan 3 $ 675 $ 2,025 Office and Miscellaneous Supplies 1 $ 2,000 $ 2,000 Paper,Pens etc.(includes printer/copier) Office Cleaning 1 $ 1,500 5,525 Office Expenses Total Communication and Program Marketing $ 7,704 Total for FY 18-19 $ 370,000 NOTE:All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2017-2018 Revised by CRA to include promotional/marketing materials and additional equipment. BOYNTON BEACH CRA FY 2018-2019 SPECIAL EVENTS BUDGET EVENTS DATE BUDGET BOYNTON BEACH Saturday&Sunday October 27&28, 2018 $310,000 HAUNTED PIRATE FEST Event Marketing'; $43,000 &MERMAID SPLASH Event Banners i $8,500 E. Ocean Ave. (between Federal Hwy. and NE 3rd St.) Total Pirate Fest $361,500 ART DISTRICT EVENT Date:TBD 410 W. Industrial Ave. Total Art District Event $5,000 Event Marketing; $1,500 Total is ric $6,500 HOLIDAY BOAT PARADE Friday, December 14,2018 $11,000 735 Casa Loma Blvd. Event Marketing'; $4,000 Total oa arae $15,000 BLARNEY BASH Sunday, March 17, 2019 $35,000 735 Casa Loma Blvd. Event Marketing'; $9,500 Total oa arae $44,500 ROCK THE PLAZA Dates:TBD (FALL/WINTER) $18,000 Plazas: Casa Costa, One Boynton, Yachtsman December 2018, January 2019, February 2019 SPRING/SUMMER $18,000 Plazas: Boynton Harbor Marina,Yachtsman's April 2019, June 2019, July 2019 Plaza, Ocean Palm Plaza Event Marketing; $9,000 Total Rock a Plaza,' $45,000 HISTORIC WOMAN'S CLUB Valentine's Heart Ball-'February 2019' $10,000 OF BOYNTON BEACH 80's Prom-May 2019 $10,000 1010 S. Federal Hwy. Event Marketing; $5,000 Total oman s Club' $25,000 EQUIPMENT&SUPPORT $21,500 Sub-I otal Lvents $447,000 Sub-Total Events Marketing $72,000 TOTAL COST OF EVENT ► $519,000 FY 17-18 Funded Events: Budget Considerations: Budget based on overtime rate of$51/hr for BBPD Public Safety Open House-$3,000 versus standard detail rate of$42/hr Holiday Tree Lighting &Concert-$70,000 Holiday Parade-$12,000 Taste of Boynton event in June 2019-$10,000 MLK Celebration of Unity-$40,000 Music on the Rocks-$20,000 Kinetic Art Event in February 2019-$20,000 Movies in the Park-$18,000 MARKETING - PROJECT FUND 02-58400-445 BUSINESS DEVELOPMENT A Economic Design & print a custom brochure for economic development grants $ 2,000 Development B Delray Newspaper (3) Full page color ads to promote the businesses in the CRA district $ 3,135 ($1045 per ad) C Neighborhood News (3) Full page color ads to promote the businesses in the CRA District $ 2,100 of the small businesses in our district do not have a website. This campaign Website lottery is based on a lottery system budgeting for 2 businesses to receive a free D campaign partnership website to help promote their business online. (2)website start ups at $ 5,000 with SMOP program $2500 each E Gateway Gazette Full page monthly color ad placement to promote the businesses in the $ 7,320 CRA district($610 per month) Business Boynton Bucks campaign for"Meet your Neighbors"will service businesses F Development offering a discount to attract new customers. This campaign includes $ 4,250 design & print of discount cards which will be utilized to track participants. Boynton Bucks campaign for restaurants which offers a discount to attract G Restaurant Club new customers. The campaign includes design & print of discount cards $ 4,250 which will be utilized to track participants. Heart of Boynton 30x60 banners (15) banners printed and installed H Downtown Banners everyother pole and East Ocean Ave. 30x60 Downtown District (18) $ 13,300 banners printed and installed.This also includes maintenance. BDB ad in Profile Double page spread ad in the annual Business Development Board Profile $ 3,975 magazine we split this with the City Chamber& Business Merchant, redevelopment marketing, business development & Broker $ 10,000 Development Events events Business Development Video Ad This campaign includes 2 minute videos for the CRA businesses along with K Campaign and photos photos. The businesses will donate gift certificates for a drawing on social $ 23,000 media which will draw the winners to the establishment. for Social Media L Sub-Total Business Development $ 78,330 CRA COMPLIANCE Design and print a 20 page report that will be inserted into the the M Annual Report Sun Sentinel Newspaper and delivered to 3,500 locations within the $ 6,670 33435 zip code Total Marketing - Project Fund $ 85,000 -- ---- - - -CO — N . I� � W � N tb �r V OCb r r � - ` M m N V CMO O M N � o a o o o . . . . . . ' r r M N N } m o m o o o m m LL M r V M r V O O O (of� O 01 N oo ' N m o m mCMO N m O } c o m o N LL M r M r V W o O c . N O N O M Cr0 M N O } O O 001 (mo O(mo N M o LL M r V M r V O O O of O of N M N N r oN O N m o m m r O r N O V V } �O W 1f O 1f N V N LL M r V M r V M OM M M O(o (o N I � N O O O O M O N r M N M N O O O O of O O ' <P M M m ro } r 0 r M V O V LL M r V N M o OO 01 10 N O f� 0 10 m CO O o w0 vr�0� mc(Do c�0 m m No:T N L O m O O of V(Mo V I� } (o O (0 M M O(o V LL M r V N M o MO M f�m O M (fl V O CO of O w M 0 10 O(o in N in N m O ( of 10 O M M M in V O M N (ND O ( N O N V LL M- V N M- o NO N O O O O O(0 010 r M M V O V M O V �of O f� M CO N V O V of N O O N m O r 0 m o VLo m 0 }10 M 0 N � O M VN (o M N LL M r V N M o O of O O f O f O O O CO N O N N f O O V 10 0 of r I� N of O 0) �m O N M O�O V to o N o V o� V.1 O N(o m N m O Om1 O O N N�O V m M LL (V r M N M r(o O OO N V 0 10 M V of O N V O O N M 0 10 f�O O V CO N O N of of O o V 0 0 0 N M O M N m O 0 �1 �m O� N V (o W LL (V r M N N r(o O OO N(o O f 10 0 10 M M(o V O 10 0 0 10 f �f m V N N Vo of(o O V M O O d)f`O O 10 o N o f o of m N O to O CO 01 N O N �o 0 0 mN N F p m m LL N ci M N N 0(o mow of O M O O O O O O m m o w m o m o o o l l o _ (o O (0 V O O M Lo O�N N V O V M S O 1zq f N O O N LL (V rn rc0 u�v N N N N N N a O m `o U N d T A a N N o o d 0 y N N \ 0 0 N N r } c 0 N U NJ Q O Or(fl� y y a > m T C N } } o X o}\ 0 0 y� o K fn O o o o o L O S E 0 T O l0 l0 W M 0 >o � N (0 N � y y d U' > E o °� W d'n}aa}} m mQ Zooo. Z v y w D d m VU U V C N N F E LL o m a' 0o F o EENoO Oo `O o o ° a mm m m O U� o �I,o o ODOR �U (nma n 0 0 O r o o n M N O O N m M o 0 oS N O O LL m m w 0 o m N OO O W m . . . . . . . . . . . . . . � O O O1 N m O O m LL M r ri O O N m OO W m O O N N O O O r LL m r n r o 0 0 0 N m O O V D N O O N N m N V } N N n LL � N N 1p N N OO V N N O O N } N N N N OO ON N m O O n } N N N N ocp . . . . . . . . . . . . . . O W O O N N r M O O M a ocT N O O O } N N b N N O O N O O O W } m LL N N N M OO N O O O O O O O V LL � Cj M N N ON O Np O O O m m m o 0 0 0 0 0 M M aD O O O O O O M O O U ' O O O O O � IA N O N WV N 2 O O N V 00 In ( p o O r' W t- O) co O r o a r r' N M CO N O C O M V In LL Z Q r EA �dT dT N 'O C C LL c > d 0 V O m m m m m tt .f tt m LL LL ni _ ni ni ': ni ni o F YO 2 F N } 00 0 0 0 0 O O O of O O r 0 0 N LL O O O O r 0 M 0 0 0 0 0 0 0 OD N N c 0 0 0 (D O V O O O O O m 0 0 0 N r 0 0 0 0 0 (D O of O m � N M W r =y (D O O O (D M (D r r 0 NLU r r N N N O n O N M N r N M M LL 9 V m O Q c N L W H d ° > LL a c CO o O ti A Z ° ? Om 95 E 2 y N N R A Qd c d E O O N N X V V c Uy, � 9 C c f.l O r C r C r d C R J E a y rno. o E D C7 N w o Q W a LL ? v c m c c Q a Q O) Oj N d y N N C ._O O N F v > c O E Z 6I = N d d O` .d a U N N O p U LL rs o w w y LL U c Z o E c c A ~ LL Z d ami w LL O r a > N o 0 rn m m d m D a` N w V p rs 0 od 0 o Q o w' N o E LL d a :. ti m y E 0 m ?C t w R c E in o O 0 c 0 m N N c R U N H oa ya .v E c w m > O V O 16 J O D O L O d O o O` O O R CL U H Q a O H u) mo LL LL v U t) ?: W LL Z f5 Z a t 'k i4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 NEW BUSINESS AGENDAITEM: 14.E. SUBJECT: Consideration of Award and Contract for Responses to the Invitation to Bid to Perform Landscape Maintenance Services on Properties Owned by the CRA SUMMARY: The Boynton Beach CRA currently maintains approximately 47 properties which are grouped into two (2)categories as outlined below: Category One -4 improved properties (Attachment I - Maps of Improved Properties) • Historic Boynton Beach Woman's Club • Marina (Harbor Master bldg., median, open space & entry tower) • CRA offices • 4th Street parking lot Category Two -43 vacant lots (Attachment I I - Maps of Vacant Lots) • Cottage District (17 various sized vacant lots) • E. Martin Luther King, Jr. Blvd.- north side (6 various sized vacant lots) • E. Martin Luther King, Jr. Blvd. - south side including NE 9th Avenue (11 various sized vacant lots) • E. Martin Luther King, Jr. Blvd. - east portion including NE 9th Avenue (8 various sized vacant lots) • 1 misc. vacant lot at 402 NW 12th Ave. The properties listed above are currently maintained by five (5) separate entities. In order to efficiently manage workload and costs, an Invitation to Bid (ITB) was issued for landscape maintenance service for CRA-owned properties for a two (2) year period with an option to renew for one (1) additional year. In accordance with the CRA Procurement Policy, the ITB was advertised on April 19, 2018 with a deadline of May 18, 2018 (Attachments I I I and V). To support the City's wealth-building initiatives and encourage smaller businesses to apply, the properties were left in two categories and local business preference language was incorporated into the ITB. Additionally, the ITB allows for list of properties above to be modified to accommodate the CRA's land acquisition and disposition activities through the duration of the contract. Six(6) responses were submitted by the following bidders in the respective categories. Their bid responses are attached as Attachment V I: ;Bidders Category One Category Two; !Improved Properties Vacant Lots ._ ___________________________________ ___________________ .r..n__________________________.r _____________ Green Industry Landscaping Corp. x x ______________________________________________________________ ----------------------------r__________________. King Kamren Construction and Demolition, Inc.,:: x -------------------------------------------------------------- ___________________________. ------------------- L. V. Superior Landscaping, Inc. x x ___________ _____________________________________________ _ ___________________________. ------------------- 7erracon Services, Inc. x ___ ________________________ _______ -----------________ Turf's Up Landscaping & Lawn Services, Inc. x -------------------------------------------------------------- ___________________________.r_________________ Vincent and Sons Landscaping, Inc. x x W______________________________________________________________-___________________________ ___________________z CRA staff has reviewed the six(6) responses for compliance with the requirements of the ITB. A summary of the bid tabulation is provided as Attachment VI I with the bid amounts for each category. The bid evaluation resulted in the following: • Green Industry Landscaping Corp. is the lowest responsive and responsible bidder for Category One (Improved Properties)with a total annual cost of$27,610; and, • Vincent and Sons Landscaping, Inc. is the lowest responsive and responsible bidder for Category Two (Vacant Lots)with a total annual cost of $22,680. It should also be noted that Vincent and Sons Landscaping, Inc. is a local business. Attached is a draft contract prepared by CRA staff and legal counsel. The basic terms for each contract are as follows: • Two (2)year contract with an option to renew for an additional year • Category One (Improved Properties)Annual Cost of$27,610.00 ($2,300.83/month) • Category Two (Vacant Lots)Annual Cost of $22,680 ($1,890.00/month) • Ability to add and delete properties to the scope of work to accommodate future CRA property acquisition/disposition activities • 30-day termination via written notice To avoid gaps in the property maintenance during the wet season, if, for any reason, the awarded bidder fails to execute the contract, CRA Staff is requesting the bid be awarded to the next lowest successive responsive and responsible bidders for both categories. The only changes to the contract is the company's information and contract amount. All other terms and performance standards will remain the same as indicated in Attachment VI I I . A separate motion is required with the same authorization for the Chair to execute contracts subject to legal counsel's final approval. FISCAL IMPACT: FY 2017-2018 Budget, General Fund, Line Item 02-51620-209, $12,572.50 (Category One = $1,430 per month - July, August & September = $4,290 = $2,612.50 for last quarter annual maintenance.) (Category Two = $1,890 per month -July,August& September= $5,670) FY 2018-2019 Budget, General Fund, Line Item 02-51620-209, $50,290 (Category One $27,610 + Category Two $22,680)- if not properties are added and/or deleted FY 2019-2020 Budget, General Fund, Line Item 02-51620-209, $50,290 (Category One $27,610 + Category Two $22,680)- if not properties are added and/or deleted CRA P LAN/P ROJ ECT/P ROG RAM: N/A CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: Motion for Category One (Improved Properties)contract award: 1. Award the contract for Category One-Improved Properties to the lowest responsive and responsible bidder, Green Industry Landscaping Corp. in the annual amount of $27, 610 and authorize the CRA Chair to execute the contract upon final review by legal counsel. 2. Do not award the Category One-Improved Properties to Green Industry Landscaping Corp. and provide direction to CRA Staff. Motion for Category Two (Vacant Lots) contract award: 1. Award the contract for Category Two-Vacant Lots to the lowest responsive and responsible bidder, Vincent and Sons Landscaping, Inc. in the annual amount of $22,680 and authorize the CRA Chair to execute the contract upon final review by legal counsel. 2. Do not award the Category Two-Vacant Lots to Vincent and Sons Landscaping, Inc. and provide direction to CRA Staff. Final Motion 1. Approve CRA Staff to award a contract to the next lowest responsive and responsible bidder(s) if, for any reason, the awarded bidder fails to execute the contract. CRA Staff and legal counsel will prepare a contract and have the CRA Chair execute the contract without bringing it back before the CRA Board for approval. 2. Do not approve CRA Staff to award a contract to the next lowest responsive and responsible bidder if, for any reason, the awarded bidder fails to execute the contract. Direct CRA Staff to bring back the item to the CRA Board for further discussion, award and approval. ATTACHMENTS: Description D Attachment I -Category One Maps of Improved Properties D Attachment II -Category Two Maps of Vacant Lots D Attachment III - Invitation to Bid D Attachment IV - Mandatory Pre Bid Conference Sign In Sheet D Attachment V -Addendum No. 1 D Attachment VI -Six Bid Responses D Attachment VII - ITB Sufficiency Checklist D Attachment VIII - Draft Contract Attachment I Category One Maps of Improved Properties fit p ,� :.v CL cc 4 t ri v t> �4 CO Eli 341,#t}lYt v - � Al 1 to ! , �� f tif{ k !Si r gg dk� u -, t r Or � rte' t a'Fy " rc co cc n [Y`! `i� � ry ,) Pl ae3.p� A2 r J i %� Will ), ROMP kd t " r pt tt ',1 a��,t✓ a i �+ p S f & Sh c LU 14 ^ r ry , NF®reQsrai k1Ys+y� ;; � r t Nfl. s LU alhU LL U. `44 l }t t f t a t } 1}s a bi y O "Ju lu ltk1)d tttt{{ } a� "ly It of fl`��`�1}�}illa�s}1F+;�s�� u t u�' gyp• 1 i Y�+�r � � lula 6o-' 14 u� nut „t p 0At' S �s� t pr Odfj iu 1 a \lI t E y �,• Sr»r11{�{lS &� •.'1�tfoil, t r 0 4 tpl fi Ss 1 tr 1115r r \k )f ttM s i t t1 J}�1}riD 11 {r SJ ,;( ? r NMI k \ l� 3 S �"'} ts it {f ( +t i1Sh> st a(f.t, tt `i 1 s; Al t t ( ! 1 ' All irt 11 if �tfi, Ss ? t � ( } St it�t+; I�}�{Ott h 11�f(ai�a�� • rt s k# tdsr',� F C 'St))li`virk �a �Sl�lkt t r t rS ��i" IV Irl t y III A jo ,�, t y.•� \ ten 7X e• Y6 ! > Aw AW so A�fLW ,l LAJ 11:0 ¢ '� '* Cr tl - + lad 1? '. ''S �f S a 0. k 1Qr s yq r t\tt5t4 S �>,S ` 1 �„ Us WON 3N� •' #8;4#7-�H,� �` r y,� ; ice s sill, as .�1i �t.°{I rS� IIs}'Yvt ',,SY� ,rs} "�w�, A, SS r`; IE � J r }g t � �' �' yv rc1.i 1,} ra1��t tSC h St Vrani r� +'l t S �U t)v1A 4 r r k { 1411 \ .ta; +kt,{S t, -M a a ¢ ;t� r„ti -.4� a � si } 1 s S i Attachment II Category Two Maps of Vacant Lots � 9 �K IVB r� 4E � � 4 .J � ';�� • '�-� r j i�4J s W cc ¢s i r r t } NII J G a itJ ts 4 # t VIA AGaer hl} 3 .Y , y tNY�y _ �{�, _ _ �i rs` u y� •, F . i t q); \:: dam' nk. -r- y Lll �-�Y w 11 � cam i� �, _ rr„�F r;, �� R . � "` F— r� 40 7' U i " a ws s' � r � � } ItiAN W Vw', 'q h'd•' s s�� t�ts� �', f� s {7 i' ��x "�• � �r�#t�"fit� r� n t y i r t � 4 yMill t� } y ;,'�� btf�X� PAj0'jS X 0€3 } �. G yi6 t � c lt��t�i 4 N U aa Ulm" pin 70, - jj �f yi S E t99v,,' �f�i7 tripl} �s, - f so Opp t= t � t i i '� WI � ac2hSF�Jf C - 0 tl IC ,t LJ LU G N E k , flS�argE h fl3 )v) " E�, V1F,a P iv7Sk� •�t i � y1� W 4 I )s h\El `V E t J\�r I� . Nov s +y�� C71 i F-m w T 1, - , I k,le y; S , €ti > �� t - t 410 xs �f � Q.. - � ATT � s s LLd vy , RS4i s w1 ! l s oF fk, .. a1 ,s f kk71�Ii, rfi - 1a� f y t f g� , �k( ♦ S t` Yn I� " �0 ivl�, ,lxIj "M x ✓ f �� t#r f lr}� All . t{2�E� 'i 11!1701 } ¢ >� �, �i {,�� f rtt4��i a I Z, amt - ��';fl ft t t p r t tt� fir#! tr rtrlr rst�} i�r trt �r �r 1Ui i r 1� MANrot ?MEN r aq'if ty, ::5 iSk ry}� r � � �#'��9Fi},- fir 7 kris\ �� I S in l -s 4i e 9 �+� � AY t � F-a i 51z r { t r 2it fit+ I Uj SS t fl [ {G d �fi err �Ir < mt z CL IBM j p w�1�St W' t s ' \ x �{ r �� sm 4 ytt 44 a itr { w � Mau brpr ;sp S4 Cir attt��,, Saks, Oki. x INVITATION TO BID (ITB) TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Y BOY N TO, G CRA BEAC RELEASE DATE: April 19, 2018 MANDATORY PRE-BID CONFERENCE: April 27, 2018, at 10:00 A.M. (EST) REQUEST FOR INFORMATION/QUESTIONS DEADLINE: May 8, 2018, at 5:00 P.M. (EST) SUBMISSION DEADLINE: May 18, 2018, at 2:00 P.M. (EST) 00963533-2 ? RABE , .4H ADVERTISEMENT FOR INVITATION TO BID (ITB) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PUBLIC NOTICE INVITATION to BID (ITB) CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY The Boynton Beach Community Redevelopment Agency (BBCRA) will accept sealed bids for a landscape maintenance services contract at its office located at 710 N. Federal Highway, Boynton Beach, FL 33435, until May 18, 2018, at 2:00 P.M. (EST), at which time they will be opened. Any bid received after May 18, 2018 at 2:00 P.M. (EST), will be rejected and returned, unopened, to the proposer. The time stamp or clock at the BBCRA's Reception Area is the time of record. All requests for information/questions are required to be submitted in writing to Ms. Thuy Shutt, Assistant Director, by fax at (561)737-3258 or e-mail at ShuttT(a_bbfl.us no later than May 8, 2018, 5:00 P.M. (EST)and will be answered in the form of an addenda only. Copies of the complete bid documents may be obtained from the BBCRA office or website, www.catchboynton.com MANDATORY PRE-BID CONFERENCE: A mandatory pre-bid conference has been scheduled for April 27, 2018 @ 10:00 A.M. (EST) at the BBCRA Office, 710 N. Federal Highway, Boynton Beach, FL 33435, and will continue to specific sites starting at 10:30 A.M. (EST). All interested bidders are required to attend and be prepared to ask questions. A Bidder's failure to attend the Pre-Bid Conference will disqualify that Bidder's bid. A Bidders failure to sign in within ten (10) minutes of the 10:00 A.M. (EST) conference start time or at the specific sites thereafter will disqualify the Bidder's bid. At the Mandatory Pre-Bid Conference all interested parties must register their name, email address, mailing address, and telephone number in order to receive any changes, additions, addendums, or other notices concerning the ITB. The CRA reserves the right to reject any and all bids, to waive formalities, to re-advertise, and to award the Contract for Landscape Maintenance Services in its best interest. Bid Responses to this ITB via facsimile and/or electronically will NOT be accepted. Boynton Beach Community Redevelopment Agency Ms. Thuy Shutt, Assistant Director Email: ShuttT(a_bbfl.us 710 N. Federal Highway Boynton Beach, FL 33435 Phone: 561-600-9098 Fax: 561-737-3258 Website: www.catchboynton.com 00963533-2 Page 2 of 54 B,C)YNCRA l INVITATION TO BID (ITB) CONTRACT TO PERFORM LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INTRODUCTION Created pursuant to Chapter 163, Florida Statutes, the BBCRA serves the community by guiding redevelopment activities pursuant to its Community Redevelopment Plan through programs that assist with the creation and revitalization of neighborhoods and commercial areas within the BBCRA's boundaries. The BBCRA Area includes 1,650 acres along the eastern edge of the City of Boynton Beach. The BBCRA has acquired properties for the purposed of redevelopment. These properties are in various forms and stages of redevelopment ranging from vacant land to commercial sites. It is the responsibility and obligation of the BBCRA to maintain its properties.While these properties differ with regard to the stages of redevelopment, it is expected that the Bidder(s) selected will provide high quality landscape maintenance services to the BBCRA regardless of the location or stage of redevelopment of the property. 1.0 GENERAL PROJECT INFORMATION The BBCRA is accepting sealed bids to select and contract with qualified, responsible, responsive individual(s) or entity(ies) to provide landscape maintenance services on one or more BBCRA owned properties. These Landscape Maintenance Services are also referred to in this ITB as the "Project." The Contract is anticipated to be a two-year contract with one additional one year renewal. The selected Bidder(s) shall provide all materials, labor, equipment and maintenance of traffic necessary to perform the landscape maintenance activities to complete the Project, as specified in this ITB and in Attachment "A" and Attachment "B." The ITB is available online at the BBCRA's website, www.catchboynton.com or in printed format at the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. For the purposed of this ITB, the term "Contractor' means the successful Bidder(s) that ultimately enters a Contract(s) with the BBCRA. 2.OSCOPE OF WORK The Scope of Work is broken into two (2) categories to accommodate various type of properties owned by the BBCRA. Bidders may submit a bid for one or both of the scopes of work attached to this ITB as Attachments "A" and "B." The BBCRA, at its sole discretion, may award one or more bidders a contract for landscaping maintenance services for the Categories listed below. 00963533-2 Page 3 of 54 CATEGORY ONE is for the following Improved Properties: Historic Boynton Beach Woman's Club Boynton Harbor Marina CRA Office Building Public Parking Lot— City Owned—NE 4' Street& NE 1St Avenue A detailed description of the scope of work for Category One: Improved Properties is provided in Attachment "A" of this ITB. CATEGORY TWO is for the following Vacant Lot Properties: Large Development Vacant Lots (aka Cottage District) Martin Luther King, Jr. Properties—MLK North Martin Luther King, Jr. Properties—MLK South Martin Luther King, Jr. Properties—MLK East Misc. Vacant Lots A detailed description of the scope of work for Category Two: Vacant Lots is provided in Attachment "B" of this ITB. 3.0 BID REQUIREMENTS 3.1 Personal Investigation and Obligation of the Bidder(s) Prior to submitting a Proposal, each Bidder shall inform themselves fully of the conditions relating to the properties and the employment of labor needed to complete the Project pursuant to this ITB. Failure to do so shall not relieve Bidder of his/her/its obligation to furnish all material and labor necessary to carry out the provisions of the Contract. At the time of submission, each Bidder(s) shall submit a completed Site Inspection Confirmation form,Attachment "C,"which is attached hereto. By submitting a bid, each Bidder is affirms he/she/it has inspected the site and has read and become thoroughly familiar with the requirements of this ITB, including all site maintenance information or details, and 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 with respect to Bidder's submitted bid. 3.2 Changes, Additions, Addendums, or Other Notices: At the Mandatory Pre-Bid Conference all interested parties must register their name, email address, mailing address, and telephone number in order to receive any changes, additions, addendums, or other notices concerning the ITB. Bidders shall complete and include Attachment "D," Addenda Acknowledgement, as part of the bid. 3.3 Submittal Location and Deadline 00963533-2 Page 4 of 54 The BBCRA will accept bids at the BBCRA Office, located at 710 N. Federal Highway, Boynton Beach, FL 33435 until 2:00 P.M. (EST), on May 18, 2018("Submittal Deadline"). It is the responsibility of the Bidder to ensure that submitted bids are received at the designated submittal location by the submittal deadline. Bids received after the submittal deadline will be disqualified and returned to the Bidder unopened. 3.4 Number of Copies In total, one (1) unbound original of the bid and one (1) bound copy of the bid must be submitted. In addition, one (1) digital copy of the complete bid in PDF format on CD/DVD or thumb drive must be submitted. Facsimile or emailed copies of the bid will not be accepted. The completed bid proposal shall be submitted in a sealed package and clearly marked on the outside of the envelope and addressed as follows: "SEALED BID" Contract for Landscape Maintenance of BBCRA Owned Properties Category Number(s) Ms. Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 3.5 Questions, Clarifications, Interpretations Questions and inquiries concerning the proposal and specifications of the solicitation shall be submitted in writing and directed to Ms. Thuy Shutt, Assistant Director, BBCRA, 710 N. Federal Highway, Boynton Beach, FL 33435, by fax at(561) 737-3258, or email at ShuttTp_bbfl.us for receipt no later than May 8, 2018, at 5:00 P.M. (EST). All answers to questions, clarifications, and interpretations will be issued in the form of addenda. Oral explanations, information, and instructions shall not be considered binding on the CRA. All prospective Bidders are encouraged to independently verify the accuracy of any information provided. Neither the CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Bidder. Written responses to all written questions submitted shall be maintained in the BBCRA ITB project file. All such addenda issued by the BBCRA before the bids are due, are part of the ITB, and Bidders 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. It is the responsibility of all Bidders to obtain, review, and respond to any and all addenda issued. 3.6 Limitations on Communications - Cone of Silence/No Lobbying As to any matter relating to this ITB, any Bidder, subcontractor, or anyone representing a Bidder is advised that they are prohibited from contacting or lobbying the BBCRA Board, BBCRA Advisory Board, BBCRA staff, or any other person working on behalf of the BBCRA on any matter related to or involved with this ITB. For purposes of clarification, a Bidder's representatives shall include, but not be limited to, the proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Bidder. There will be an opportunity for inquiries to be made of BBCRA staff during the scheduled Mandatory Pre-Bid Conference. All inquiries after the Pre-Bid Conference must be in writing and directed to the BBCRA as indicated in Paragraph 3.5 above. Any violation of this condition may result in rejection and/or 00963533-2 Page 5 of 54 disqualification of the Bidder's bid. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the ITB and shall terminate at the time the BBCRA Board selects a Contractor, rejects all bids, or otherwise takes action which ends the solicitation process. 3.7 Public Information/Public Records 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. 3.8 Obligations of Parties 3.8.1 Assumed Requirements Bidder understands and acknowledges that to the extent his/her/its bid is based on assumed requirements for the proposed scope(s) of work, the BBCRA has made no written or oral presentations that any such assumed requirements are accurate, and that such assumed requirements are not required to be a part of any contract that may arise based on the submitted bid. Bidder(s) is required to qualify all assumptions he/she/it makes. 3.8.2 Costs of Bid Submission Bidder understands and acknowledges by submitting a 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. 3.8.3 Reimbursement The BBCRA will not provide compensation to Bidder for any expenses incurred in preparing or submitting this bid or for any presentations made. 3.8.4 Award of Contract. The BBCRA makes no guarantee that an award will be made as a result of this ITB, 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 ITB or resulting contract when deemed to be in the BBCRA's best interest. 3.8.5. Representations made within the bid will be binding on Bidder. 3.9 Completeness of Proposal 3.9.1 Completeness Bidder should carefully read all information contained herein including the requirements to be a responsible Bidder, as it is the responsibility of the Bidder to submit a complete response to all requirements and questions. 3.9.2 Conditional Clauses Bids that are qualified with conditional clauses, or alterations, or items not called for in the ITB documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. 00963533-2 Page 6 of 54 3.10 Withdrawal or Modifications A bid may be withdrawn, modified, and resubmitted any time prior to the submittal deadline. Outside of the approved negotiation process, no bid may be changed, amended, or modified after the submittal deadline. Bids may be withdrawn after the submittal deadline upon written request stating reasons for withdrawing the bid. 3.11 Ownerships of Bids Bid costs and any other information submitted by Bidder 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. 3.12 Validity Period Bids are to be valid for the BBCRA's acceptance for a minimum of 90 days from the submittal deadline to allow time for evaluation and selection. A bid, if selected, shall remain valid for the life of the Contract(s) resulting from this process except as modified by such Contract. 3.13 Disclosure and Disclaimer The BBCRA reserves the right to withdraw this ITB either before or after receiving bids, reject any or all bids submitted, accept bids which deviate from the ITB, and to disqualify any bid that does not contain the documentation requested in this ITB. The BBCRA may, at its sole discretion elect to waive requirements and/or irregularities either for all responses or for a specific response, which the CRA, in its sole discretion, deems non-material. Any and all decisions by the CRA to modify the schedule described herein, request additional information, reject insufficient or unclear bids, reject any and all bids, accept any bid as a whole or in part, accept a combination of bids, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the BBCRA's sole and absolute discretion. Following submission of a bid, the Bidder agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the Bidder(including the Bidder's affiliates, officers, directors, partners and employees), as requested by the BBCRA. NOTE: Any recipient of this ITB who responds hereto fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms herein. In the event of any differences between this Disclosure and Disclaimer and the balance of the ITB, the provisions of this Disclosure and Disclaimer shall govern. Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Statement exactly as shown in Attachment "E," Bidder Acknowledgement and Compliance Statement. 3.14 Tentative Schedule 3.14.1 Release of Invitation to Bid April 19, 2018 3.14.2 Mandatory Pre-Bid Conference and April 27, 2018, 10:00 A.M. (EST) Select Site Visit 3.14.3 Questions/Request for Information Deadline May 8, 2018, 5:00 P.M. (EST) 3.14.4 ITB Submittal Deadline and Bid Opening May 18, 2018, 2:00 P.M. (EST) 00963533-2 Page 7 of 54 3.14.5 Contract Award by BBCRA Board June 12, 2018, 6:30 P.M. (EST) (Note: Dates above are subject to change—registered Bidders will be notified by e-mail of changes, if any.) 3.15 Legal Requirements and Public Entity Crimes 3.15.1 Legal Requirements Federal, State, County, BBCRA, and City of Boynton Beach laws, ordinances, rules and regulations that in any manner affect the items covered herein apply, including laws, rules, and regulations concerning labor and safety. Lack of knowledge by the Bidder will in no way be a cause for relief from responsibility. 3.15.2 Public Entity Crimes All invitations to bid as defined by Section 287.012(l 1), Florida State 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(1) of Section 287.133, Florida Statutes, Attachment "F" Public Entity Crimes Statement. 4.0 BIDDER'S QUALIFICATIONS 4.1 General Directions Bidder's Information shall be provided EXACTLY with the item, paragraph, and section numbers shown in Attachments "G" and "H." Information submitted shall be applicable only to the, individual, company entity, or branch that will be contracted for this Project. Bidder will not attach any documents or information other than what the BBCRA requests in this ITB and any addenda; however, Bidder may use additional pages to provide responses to questions if the forms provided do not have adequate space for Bidder to fully answer the question. 4.1.1 List of Equipment and Personnel Bidder shall submit a list of equipment and personnel to support the Bidder's claimed ability to adequately complete the work. The Bidder must submit with the bid the name, address, phone number and email address of the person(s) to be contacted for the coordination of landscape maintenance services. A contact for regular work-hours, after-hours, weekends, and holidays must be identified. A completed Attachment "G," List of Equipment and Personnel, will be submitted as part of the bid proposal. NOTE: BBCRA reserves the right to inspect all maintenance equipment prior to contract award and to request Bidder's most recent corporate financial statement for review. 4.1.2 Bidder's Performance History List three (3)verifiable professional references for whom Bidder has provided similar services within the last five (5) years. References must include scope of work, contact names, addresses, telephone numbers, email addresses, and dates of service. A contact person shall be someone who has personal knowledge of the Bidder's performance for the specific requirements listed. Contact person must have been informed that they are being used as a reference and that the BBCRA may be contacting them. DO NOT list persons who are unable to answer specific questions regarding the requirement.This information will be considered in 00963533-2 Page 8 of 54 the contract award review. Failure to include all data noted in Attachment "H," Bidder Information and Past Performance, may eliminate Bidder from the bidding process; prior submittals will not be accepted. 4.1.3 Legal Actions List all civil and criminal legal actions in which Bidder is currently a named party or was a named party in the past four (4) years, providing the case number, case description, the state of jurisdiction, and disposition of each case as noted in Attachment "H," Bidder Information and Past Performance. Bidder(s) may include any additional relevant information. 4.1.4 Licenses. List and provide copies of all licenses, certifications, or other related professional credentials held by Bidder or Bidder's employees relevant to providing the landscape maintenance services. 4.2 Subcontractors If a Bidder(s) subcontracts any portion of the scope of work for any reason, Bidder must state the name and address of the licensed subcontractor and the name of the person(s) to be contracted on the enclosed Attachment "I" Schedule of Subcontractors. For purposes of this ITB, an example of a subcontractor would be an arborist, licensed contractor for pesticide application, or debris removal company. The 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 the BBCRA, will be in the best interest of and/or most advantageous to the BBCRA. The BBCRA also reserves the right to reject a bid of any Bidder 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) agrees that if selected to enter into a Contract, Bidder shall periodically throughout the term of the Contract provide the BBCRA an updated list of all subcontractors working on the awarded scope of work. 4.3 Drug-free Workplace Certification In accordance with Florida Statute 287.087, preference shall be given to Bidder(s) with drug free work programs. Whenever two (2) or more bids, which are equal with respect to price, quality and service, are received by the BBCRA or by any political subdivision for the procurements 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. In order to receive such preference, the Bidder(s) shall complete and submit with its bid the attached certification, Attachment "J," Drug Free Workplace Certification. A Drug-Free Workplace Certification is not a requirement under this ITB. 4.4 Local Business Preference To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. All bid 00963533-2 Page 9 of 54 proposals must indicate whether or not Bidder is a local business via submittal of Attachment "K," Certification Statement. 4.5 Insurance Requirements The successful bidder shall provide a certificate of insurance meeting the requirements of Attachment "L," Insurance Requirements, prior to contract execution. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful Bidder are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time during the term of the Contract the BBCRA determines that it is in its best interests to insist on an alternative insurance provider, it may do so and Bidder(s) (and Contractors) agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a contract and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the Bidder's behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 5.0 PRICING AND COSTS 5.1 Bid Price and Related Costs Bidder shall provide acknowledgement of the Bid Price being submitted as Attachment "E," Bid Acknowledgement and Compliance Statement, along with the breakdown of costs for the scope of work that Bidder will be responsible for undertaking in order to complete the landscape maintenance services as described Attachment(s) "A" and/or"B." 5.2 Sales Tax By submitting a bid, Bidder acknowledges that all materials and supplies necessary for completion of this contract are subject to Florida Sales and Use Tax, in accordance with Florida Statutes. However, the BBCRA is exempt from any taxes imposed by State and/or Federal government. Exemption certificates will be supplied on request. State Sales tax Exemption Certification No. 85- 8012625376C-3 will appear on each purchase order. 6.0 CONSIDERATION OF BIDS AND AWARD OF CONTRACT Prior to the award of the Contract, the BBCRA may require the Bidder to submit an analysis of any lump sum bid prices quoted. Failure to comply with the requirements contained in this ITB may cause rejection or disqualification of the bid. If a Contract is awarded, it shall be awarded to the most responsive, responsible Bidder whose bid is determined to be in the best interest of the BBCRA, after consideration of all factors, including the contents of the submitted bid. The Board of the BBCRA reserves the right to reject any incomplete bid or any bid submitted by a Bidder who is not a responsive or responsible Bidder. In determining the "most responsive, responsible Bidder," the BBCRA, shall consider: (a) The most advantageous prices contained in the bid. (b) The ability (including required licensure), capacity and skill of the Bidder to perform the Project and provide the landscape maintenance services required. 00963533-2 Page 10 of 54 (c) Whether the Bidder can perform the Project or provide quality service promptly or within the time specified, without delay or interference for the categories stated on the bid form. (d) The character, integrity, reputation,judgment, experience and efficiency of the Bidder. (e) The number and quality of performance of previous contracts for landscape services, including, but not limited to, BBCRA contracts. (f) The previous and existing compliance by the Bidder with laws and ordinances relating to the contract or service. (g) The sufficiency of the financial resources and ability of the Bidder to perform the Contract or provide the landscape maintenance services. (h) The number and scope of conditions attached to the bid. (i) The overall cost to the BBCRA. 0) The best interests of the BBCRA. (k) Whether Bidder has been a party to litigation or arbitration arising from a project for a public entity within the past four years. If the Contract is awarded, the BBCRA will accept the bid and award the Contract to the successful Bidder by written notice to the successful Bidder. 7.0 EXECUTION OF AGREEMENT 7.1 Offer of Contract Upon selection of the successful Bidder(s) by the BBCRA Board, the BBCRA will extend to said Bidder(s) an offer to enter into a Landscape Maintenance Services Contract. The terms and conditions of the Contract are subject to negotiations, but shall not deviate substantially from the qualifications and costs identified by the successful Bidder(s) in its bid and must be in a form approved by the BBCRA Board attorney and the BBCRA Board. A copy of the Standard Form of Agreement Between Owner and Contractor is included in this ITB as Attachment "M." 7.2 BBCRA's Right to Withdraw If for any reason a Contract is not executed by the BBCRA and Bidder and approved by the BBCRA Board within 90 days of the Award of Bid, or if Bidder and the CRA are unable to negotiate terms of the Contract that are agreeable to both parties within 30 days of the Award of Bid, or the successful Bidder fails to return an executed Contract within 20 days of the Offer of Contract, the BBCRA reserves the right to terminate negotiations with Bidder and/or withdraw its Offer of Contract, and to move forward as it deems appropriate, which may include entering into contract negotiations with the next Bidder(s), re-advertising for bids, or electing not to award a Contract at all. If another Bidder is awarded the bid, this award shall bind such Bidder as though he/she/it were the original successful Bidder. 7.3 BBCRA's Right to Modify Scope of Work The BBCRA reserves the right to reduce or increase the quantities of work to be done and to eliminate or add any lot, lots or items of work listed in the bid. The BBCRA disposes of and acquires properties 00963533-2 Page 11 of 54 from time to time, and as a result, the total number of properties being maintained may change from time to time. Accordingly, the per lot price will be applicable for adjusting to the contract price to accommodate additions or elimination of BBCRA properties from the Scope of Work. 8.0 BACKGROUND INFORMATION The BBCRA reserves the right, before awarding the Contract, to require a Bidder to submit evidence of qualifications, as the BBCRA may deem necessary, and may consider any evidence available to it of the financial, technical, legal and other qualifications and abilities of a Bidder, including past performance and experience with the BBCRA and/or other clients. "This established the end of the main document" 00963533-2 Page 12 of 54 ATTACHMENT "A" SCOPE OF WORK - CATEGORY ONE: Improved Properties NOTE: The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders may submit a bid for one or both categories of work. Properties in this category consist of the following: 1. Historic Boynton Beach Woman's Club 2. Boynton Harbor Marina 3. CRA Office Building 4. City Public Parking Lot —City Owned - NE 4t" Street & NE 1St Avenue These properties may also be referred to as the Landscape Maintenance Service Area. SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing, Weed Control and Irrigation Checks. a. Litter Control —Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. that are not intended to be present as part of the landscape, and the emptying of all trash barrels on the site. Litter Control will be completed throughout the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. i. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. ii. All litter is to be containerized and properly disposed of. b. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. i. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1.5" / Floratam St. Augustine 3.5"-4" / Bahia 3"4' / Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. ii. Mowing shall be done carefully in order to avoid"girdling"trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. iii. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re- scheduling or vacating the schedule for that week must be coordinated with the BBCRA. C. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE: Trimming/Edging will be 1.5 feet away from all trees, palms, and exposed roots. 00963533-2 Page 13 of 54 d. Blowing — Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. e. Weed Control - Contractor responsible for keeping all areas weed-free at all times. i. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. ii. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. V. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mowing cycle. f. Irrigation Checks — Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his/her/its cost. B. Pruning and Hedge/Shrub/Flowering Plant Maintenance —All hedges, shrubs, and landscaped areas will be trimmed once a month in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. C. Palm Trimming -All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10') will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge upon authorization by the BBCRA. D. Trees - Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning as needed, for damaged, dead, crossing branches; obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. E. Irrigation Wet Check - Inspections and adjustments shall be done once a month wherein the entire irrigation system starting with the meter to the backflow to all the clocks, lines, and zones with their valves, heads, sensors, etc. to ensure that grounds and plantings are receiving adequate amounts of water while avoiding water loss. F. Irrigation Repairs — All needed repairs are to be documented, marked, and forwarded to the BBCRA immediately, and the damaged system is to be secured in the "off' position in order to limit the amount of water lost. An itemized estimate must be submitted and approved by the BBCRA prior to any repair work 00963533-2 Page 14 of 54 as the BBCRA reserves the right to complete repairs with in-house staff and/or to purchase the materials. G. Mulching — Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds four (4) times a year in March, June, September and December. A granular pre-emergent herbicide shall be applied to all shrub beds PRIOR to the application of mulch. Beds will be clean of weeds when new mulch is applied. NO CYPRESS MULCH SHALL BE USED. H. Plant/Tree Installation - An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "M," Standard Form of Agreement Between Owner and Contractor. I. Fertilization -All turf areas will be fertilized four (4) times annually using only commercial custom blended fertilizer which is designed for S. Florida turf needs. One of the turf fertilization applications will be a weed and feed that will be applied in the spring season. Fertilizer used will be a top grade 16-4-8 or season equivalent. Palms, hedges and ornamentals will be fertilized three times per year with a granular 13-3-13 or equivalent. All granular applications will be broadcast at the manufacturers recommended rates. J. Pest Control —An Integrated Pest Management(IPM) Pest Control Program will be designed and applied four (4) times annually for the detection and treatment of any insects, fungus and diseases that may occur in both the turf and on all ornamentals in all common ground areas. A supervisor with a commercial landscape pesticide certification will inspect and treat problems quarterly as detected in both the turf and all landscape materials throughout the site. Areas treated and problems corrected will be indicated in written activity reports. See below for specifications regarding pest control applications: a. Pest Control Specifications — Turf: All turf areas will be inspected and treated quarterly for turf- damaging insects and disease. Turf showing damage will be treated at time of inspection. Turf insects and diseases to be treated include Chinch Bugs, Sod Webworms, Army Worms, Fire Ants, Brown Patch & Leaf Spot Fungus. In addition, broadleaf weed control and ant baiting applications will be completed twice annually. b. Pest Control Specifications — Ornamentals: All Ornamentals will be inspected every month for plant damaging insects and disease. Ornamentals showing damage will be treated at the time of inspection. Ornamental insects and diseases to be treated include Scale, Mealy Bugs, Aphids, Caterpillars and Leaf Spot Fungus. C. Pest Control Exclusions: The control of Fig & Spiraling White Fly, Millipedes, Fleas, Ticks and Nematodes are not included in this program. Grub control would be at an additional cost. Any Treatment of Ants, other than Fire Ants, is not included in the program. Ants in pavers are also not included. Structural Pest Control including Wasps, Mud Daubers, etc. are not included. Any Palm tree disease would be an additional cost. No potted plants included. K. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRAwithin 24 hours of such repairs). L. General -Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four (4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be 00963533-2 Page 15 of 54 contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. M. Additional Work — These prices will not be added in the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed" basis. Sod will be priced per sq. ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. C. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. 00963533-2 Page 16 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved Properties Monthly Amount Per Service 2 Times per Month Basic Once a Maintenance Month Once a Litter Control, Pruning and Month Once a Map# Location/Address PCN# Mowing,Line Kedge/Shrub/ Patin Month TOTAL' Trimming/Edging, Flowering Trimming Trees Blowing and Plant Weed Control, Maintenance Irrigation Checks HISTORIC BOYNTON BEAD IT WOMAN'S CLUB COl 1010 S.Federal 08-43-45-28-24-000-0040 $ $ Is $ $ Highway BOYNTON H RBOR�INA 110 NE6th Street- Marina Entry Tower& 08-43-45-27-03-000-0132 CO2 725 Casa Loma Blvd.- &08-43-45-27-60-003- $ $ $ $ $ Open Space,Median& 0000 Harbor Master Bldg. CRA OFFICE'BLDG. CO3 710 N.Federal 08-43-45-22-00-000-7020 $ $ $ $ $ Highwa + PUBLIC PARKING LOTS NE 4th Street&NE 1st C04 Avenue-City Parking 08-43-45-28-03-001-0080 $ $ $ $ $ Lot TOTAL $ $ $ $ $ The undersigned, having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications (including Invitation to Bid, Instructions to Bidders, this bid,the Standard Form of Agreement, and the Scopes of Work)and Addenda, if any thereto, on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith, for the sum of Dollars ($ )on a monthly basis,for the work outlined in this Bid Price Proposal Breakdown-Month/yAmout Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A". Bidder's Signature Print Name Title Date 00963533-2 Page 17 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved Properties Annual Amount Per Service (4 times per year) Map# Location/Address PCN# Mulching FertilizationPest Control TOTAL HISTORIC BOYNTON BEACH WOMIAN'S CLIIB COl 1010 S.Federal 08-43-45-28-24-000-0040 $ $ $ $ Highway BOYNTON HA"OR MAIZ1NA, 110 NE6th Street- Marina Entry Tower& CO2 725 Casa Loma Blvd- 08-43-45-27-03-000-0132& $ $ $ $ 08-43-45-27-60-003-0000 Open Space,Median& Harbor Master Bldg. CRAOFF --E BLDG. CO3 710 N.Federal 08-43-45-22-00-000-7020 $ $ $ $ Highway PUBLIC FAR ING LOTS NE 4th Street&NE 1st C04 Avenue-City Parking 08-43-45-28-03-001-0080 $ $ $ $ Lot TOTAL $ $ $ $ The undersigned, having familiarized themselves with the local conditions affecting the cost of the work, with the Specifications (including Invitation to Bid, Instructions to Bidders, this bid, the Standard Form of Agreement, and the Scopes of Work)and Addenda, if any thereto, on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith, for the sum of Dollars ($ ) annually, for the work outlined in this Bid Price Proposal Breakdown-Annual Amount Per Service(4 times per year) for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A'. Bidder's Signature Print Name Title Date 00963533-2 Page 18 of 54 � � E x� 3 4 Irs i r t I �yy res k � �g ��' � 1 girl t rrr 1 � r,,i1 r,'sr�;{I i� "� �� ,�" � ' , �.�i� rsa� ti a i• ,�� ,� � rr t r 1 �i�,,: & u r{r � I 7 } 7 77 0 CJ LW CL xr 1 �r s' >; t47. 00963533-2 Page 19 of 54 t � a r • i i rw° g i i �m � 4i'� �'� ,�l � }� �� ) ,(j•Irl'� t ��,. LA � -� its u� { n - !' � i„ ! • it Cb t } pS cc CL t , cc: < 06 Ln rn p � �'� '9'��$ "��F9•` • } ,4��c t�Wit. 00 r XC 01 du, � I t J 4 Y � w t �j� US ) 00963533-2 Page 20 of 54 4f 1 �4 M=; rr 3 } 1 'irY t� r �f c I f C hr�y a, u ,,t t ti c, acv � �, � S 3 ,lot WYa t l s It ,y „a= L9 0 00 co z LU u E a4 1. but Csss _ S4 ft�� i s fLLill, J111 ;r 1 fP,� r - " 01 r' i t rt� as 1€_r= > t t< ""0�. 00963533-2 Page 21 of 54 4 r" 11 S4F 1T. t r �i �t ivy ft�t� ,�i� �l}4)��;kl4 ?� NOWh i `,� �)t, �ij`. Gt' ,y�tit 4„.54441 � r� � „4 tr pp ii 1, - �k4 7j t)I4 St� �0,1�� 44(4 i �i�� till (1111rrrrlf,�7Dvi Il1��ijS v,} ,} �4I4 4 4 mptl�� S4 Al12 61 0 y P4 ,,s t ? fi j 1S bC'NS� _ �4{ 4 t q1�'' c u z s 4 a fi i� , " „ u Ott 1 4 r 1 ,ylrt#44 � ri{fir� rt �� ,� tr Sr��tk ��4 4yi{i�{ t ,ai{ 11j � �4. �t134�\�4 �'$ t � �1 - G 1ti fai,.i`tilt tt1 44 , iS 4 �4' ?4 4t 1 4 �'; Rilkt �` ss1S;lsr4�t7�) n%{ iiC+ iStiik t int ,-f.iAnt ,�. a tii Ort 4 t)7 ii4;0 1 ih r�x } 4; ., t 'il ,' 1 i�j ,;• 2 l`~Hl y tisl?1j' t r tt n s ) t ,j I ! �'s` s — Ile Ist h{,'2t �0S1tit 4 t11�1 t( lJ10 i? ( '1 �rli;j��=4k1 �t01t1 s5t4f1r \ ` ? o i 6� tV1 a + 4i �i xi�txt...\Ww441�1�'y�tt—,t 51,�)- i t r 00%3533-2 Page 22 of 54 ATTACHMENT "B" SCOPE OF WORK - CATEGORY TWO: Vacant Lots: NOTE: The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders(s) may submit a proposal(s) for one or more categories of work. Properties in this category consist of the following: 1. Large Development Vacant Lots (aka Cottage District) 2. Martin Luther King, Jr. Properties —MLK NORTH 3. Martin Luther King, Jr. Properties —MLK SOUTH 4. Martin Luther King, Jr. Properties —MLK EAST 5. Misc. Vacant Lots SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing and Weed Control. a. Litter Control —Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. which are not intended to be present as part of the landscape within the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. and the emptying of all trash barrels on the site. i. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. ii. All litter is to be containerized and properly disposed of. b. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. i. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1.5" / Floratam St. Augustine 3.5"-4" / Bahia 3"4' / Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. ii. Mowing shall be done carefully in order to avoid"girdling"trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. iii. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re- scheduling or vacating the schedule for that week must be coordinated with the BBCRA. C. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE: Trimming/Edging will be 1.5 feet away from all trees, palms, and exposed roots. 00963533-2 Page 23 of 54 d. Blowing — Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. e. Weed Control - Contractor responsible for keeping all areas weed-free at all times. i. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. ii. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. V. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. B. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRA within 24 hours of such repairs). C. General — Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four (4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. D. Palm Trimming -All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10') will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge, upon authorization by the BBCRA. E. Trees - Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning, for damaged, dead; crossing branches; obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. F. Additional Work — These prices will not be added in the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed" basis. 00963533-2 Page 24 of 54 Sod will be priced per sq. ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. C. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. e. Pruning and Hedge/Shrub/Flowering Plant Maintenance — All hedges, shrubs, and landscaped areas will be trimmed in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. f. Plant/Tree Installation -An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "M," Standard Form of Agreement Between Owner and Contractor. 00963533-2 Page 25 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK-CATEGORY TWO: Vacant Lots Monthly Amount Per Service 2 Times Per Month Basic Maintenance Litter Control, Once a Month Once a Month Map# Location/Address PCN# Mowing,Line TOTAL Palm Trimming Trees Trimming/Edong, Blowing and Weed Control LARGE DEVELOPMENT VACANT LOTS AKA C©TTAGE DISTRICT CTI Cottage District-17 Vacant Lots- PCN's attached to Map $ $ $ $ NE 4th&5th Ave. MARTIN LUTHER KING,JR BLVD.PROPERTIES (NE IOTH AVENUE) MLK NORTH NE 1st Street&NE 11th 084345-21-24-000-0010 $ $ $ $ Avenue E MLK BLVD. 084345-21-25-001-0110 $ $ $ $ CT2 117 E MLK BLVD. 084345-21-25-001-0080 $ $ $ $ 119 E MLK BLVD. 084345-21-25-001-0060 $ $ $ $ 137 E MLK BLVD. 084345-21-25-001-0040 $ Is Is $ E MLK BLVD. 084345-21-27-001-0260 $ $ $ $ MLK SOUTH 118 E MLK Blvd. 084345-21-10-005-0050 $ $ $ $ E MLK BLVD. 084345-21-10-005-0100 $ $ $ $ E MLK BLVD. 084345-21-10-005-0090 $ $ $ $ 206 E MLK Blvd. 084345-21-04-000-0202 $ $ $ $ 117 NE 9th Avenue 084345-21-10-004-0050 $ $ $ $ CT3 123 NE 9th Avenue 084345-21-10-004-0060 $ $ $ $ 129 NE 9th Avenue 084345-21-10-004-0080 $ $ $ $ NE 9th Avenue 08113115-21-10-004-0090 $ $ $ $ 141 NE 9th Avenue 084345-21-10-004-0100 $ $ $ $ 151 NE 9th Avenue 084345-21-10-004-0130 $ $ $ $ *201 NE 9th Avenue-Duplex will 084345-21-18-000-1720 $ $ $ $ be demo'd MLK EAST 308 E MLK Blvd. 084345-21-04-000-0130 $ $ $ $ NE 10th Avenue-E MLK Blvd. 084345-21-04-000-0100 $ $ $ $ NE 10th Avenue-E MLK Blvd. 084345-21-04-000-0080 $ $ $ $ NE 10th Avenue-E MLK Blvd. 084345-21-04-000-0070 $ $ $ $ CT4 340 NE 10th Avenue-E MLK 084345-21-04-000-0050 $ $ $ $ Blvd. 231 NE 9th Avenue 084345-21-18-000-1650 $ $ $ $ 235 NE 9th Avenue 084345-21-10-004-0130 $ $ $ $ NE 3rd Street 084345-21-18-000-1560 $ $ $ $ MISC.VACANT LOT CT5 402 NW 12th Avenue 084345-21-14-0004150 IS Is Is is TOTAL I I Is Is Is Is 00963533-2 Page 26 of 54 The undersigned, having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications (including Invitation to Bid, Instructions to Bidders,this bid,the Standard Form of Agreement, and the Scopes of Work)and Addenda, if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith,for the sum of _Dollars ($_ )on a monthly basis,for the work outlined in this Bid Price Proposal Breakdown-Monthly Amout Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A". Bidder's Signature Print Name Title Date 00963533-2 Page 27 of 54 - I rod, 1 ly As trl� t , � t a r L 4 ucAs lQ ., } LLA r r 0LU " x 4 i 4 i r *a qs t r l ' w r� i O 9 00963533-2 Page 28 of 54 g i ui s i — ��i r i tAs r 3{i k LU uj i , V) � s is 00963533-2 Page 29 of 54 5 t \ W(i. IM LAj LU ( a fi � $v 5v s I t i !v ( �7��1�1 1}}S 1 t�f _Itpti l(i-s�Usf_ 715 t192�SS� €y& u ;��•i t i k t t u LL s (�t�:� (N 1t t },vts 17, 00963533-2 Page 30 of 54 Gftt VIM, +, t rw� fr a + i lrr t G � ll ? stryt ' yr_ R r t, ui uj uj LU UJ ca } ,Ito Ytt�aT 4o4W} f;y `s ` r ` t P r 00963533-2 Page 31 of 54 n,. r „ e sp LLJ LA ' skt i •' s; - _ t it 'fS r� s - r t til ��Ek o �'�,_. �� a}�� tS s)'�{t�, `�8>� �4� '�•`-.i�Y �i Il&a i 4 t t t ,�) l t S al t rfi t o r N �1 1q 4t �j4; t { t nl s z s lls 1� t\alt, 72wrs_ s1St`ttit i)s� sts��tu�t��}yl t\� >>S f,ts{dts�it f 1fly� �,tli! 1 Ilia i 1, sJ}t 11 t1,t 11.tSttl!}tttr st �`f�M } 4Tsl 1l ` tit} '1t iri f 11 t I�+3kt to 1 'i�ll;s�l its`,iiSt �aYi�W s}� �t ltts s SrsI ;S tl�i?i as na�CltlsSt W 5 t 7 t ss v f ne, 111 00963533-2 Page 32 of 54 ATTACHMENT "C" SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category One: Improved Properties as an authorized agent of (Name and Title of Company Representative) (hereinafter called the Bidder) located at (Name of Company) hereby certifies that on , 20187 Bidder(s) or Bidder(s)' representative personally visited the following Project sites: Historic Boynton Beach Woman's Club Boynton Harbor Marina CRA Office Building Public Parking Lot— City Owned—NE 4' Street& NE 1St Avenue and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A" Scope of Work, Category One: Improved Properties, for the Project prior to submitting his/her/its bid. Bidder's Signature Print Name Title Date 00963533-2 Page 33 of 54 SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category Two: Vacant Lots as an authorized agent of (Name and Title of Company Representative) (hereinafter called the Bidder) located at (Name of Company) hereby certifies that on , 20187 Bidder(s) or Bidder(s)' representative personally visited the following Project sites: Large Development Vacant Lots (aka Cottage District) Martin Luther King, Jr. Properties—MLK North Martin Luther King, Jr. Properties—MLK South Martin Luther King, Jr. Properties—MLK East Misc. Vacant Lots and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "B" Scope of Work, Category Two: Vacant Lots, for the Project prior to submitting his/her/its bid. Bidder's Signature Print Name Title Date 00963533-2 Page 34 of 54 ATTACHMENT "D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Invitation to Bid (ITB) CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVLOPMENT AGENCY By entering checking YES or NO in the space provided and indicating date received. No. 1 ❑ Yes ❑ No Date No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other CRAs; Palm Beach, Martin, and Broward County governmental entities and agencies. ❑ Yes ❑ No BID INFORMATION WAS OBTAINED FROM: ❑ CRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Bidder's Signature Print Name Title Date 00963533-2 Page 35 of 54 ATTACHMENT "E" BIDDER'S ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids to: Boynton Beach Community Redevelopment Agency (BBCRA) 710 N. Federal Highway, Boynton Beach, FL 33435 Release Date: April 19, 2018 Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Submittal Deadline: Bids must be received in their entirety by the BBCRA No later than 2:00 P.M. (EST), on May 18, 2018 Bids will be opened in the Boynton Beach Community Redevelopment Agency Office at 2:00 P.M. (EST) on the submission date unless specified otherwise. The undersigned has read the BBCRA Invitation to Bid (ITB) to provide landscape maintenance services for the above referenced project. On behalf of my organization, I agree to and accept the terms, specific limitations, and conditions expressed therein. If for any reason a Contract is not executed by the BBCRA and Bidder and approved by the CRA Board, the undersigned agrees to honor the prices as provided by this organization in Attachment "A" and Attachment "B" of the ITB until such time a Contract is executed but not to exceed ninety (90) days following the Award of Bid. I have read, rely upon, acknowledge, and accept the Disclosure and Disclaimer section which is fully incorporated by reference into this statement. Name of Organization: Bidder's Signature Print Name Title Date 00963533-2 Page 36 of 54 ATTACHMENT "F" 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 proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids proposals, or replies 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, Florida Statutes, 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 Bidder complies fully with the above requirements. Bidder's Signature Print Name Title Date 00963533-2 Page 37 of 54 ATTACHMENT "G" LIST OF EQUIPMENT AND PERSONNEL In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) AGE AND CONDITION: Original model year of equipment— if equipment has been rebuilt, year of last overhaul. (d) OWNED EQUIPMENT: whether Bidder owns equipment. ITEM USE AGE AND OWNED (a) (b) CONDITION EQUIPMENT (c) Yes/No (d) Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format: Name Job Title/Description Years Phone/Email After with Hours Company Contact Yes or No 00963533-2 Page 38 of 54 ATTACHMENT "H" BIDDER'S INFORMATION AND PAST PERFORMANCE Name of Organization: Street Address: Mailing Address (if different): City, State, Zip: Telephone No.: Fax No.: Email Address of Contact Person: Position/Title of Contact Person: 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 the organization and management efforts. Age of Organization — In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your organization with titles and addresses. If a publically held company, list Chair of the Board, CEO and President: Federal Identification No.: State of Incorporation & Registration No.: If not a corporation, explain your status: Professional References: Provide three (3) verifiable professional references as required by Paragraph 4.1.2: 00963533-2 Page 39 of 54 Contact Name/Company Address/Telephone/Email Scope of Work/Contract Dates of Amount Services 1. 2. 3. Legal History: Has Bidder been involved with any litigation within the past four (4) years? ❑ Yes ❑ No If Yes, list all civil and criminal legal actions as required by Paragraph 4.1.3 in a separate attachment in the following format: Case Number Description State Disposition 00963533-2 Page 40 of 54 ATTACHMENT "I" SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date: April 19, 2018 Bidder(s)' Name: Name/Address/Phone of Type of Work to be Dollar Amount % of Total Subcontractor Performed Name: Address- Phone- Name: ddress:Phone:Name: Address- Phone- Name: ddress:Phone:Name: Address- Phone- 00963533-2 ddress:Phone:00963533-2 Page 41 of 54 ATTACHMENT "J" DRUG-FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, 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, proposals, or replies, that are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency for the procurement of commodities or contractual services, a bid proposal, or reply 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 tied 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, Florida Statutes 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 Signature Print Name Title Date 00963533-2 Page 42 of 54 ATTACHMENT"K" LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT When seeking local business preference status, a Bidder must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am an authorized representative of [NAME OF COMPANY] (Bidder)and on behalf of the Bidder request that it be deemed to be a local business for purposes of the ITB. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located within Yes No Number of Years: the City limits of Boynton Beach, Florida? (2) Does the business have a Yes No Business License Number: business tax receipt issued in the current year? (3) Is the business registered Yes No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this bid.. I also agree the Bidder is required to notify the BBCRA in writing should it cease to qualify as a local business. Bidder's Signature Print Name Title Date 00963533-2 Page 43 of 54 ATTACHMENT "L" INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the BBCRA(or for such duration as it otherwise specified herein), the following insurance coverages: A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. 1 ndependent Contractors 3. XCU Coverages. 4. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 5. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. The BBCRA and The City of Boynton Beach shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 00963533-2 Page 44 of 54 ATTACHMENT "M" STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT ("Contract") made by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter called "Owner"), and , a Florida Corporation, with a business address of (hereinafter called "Contractor"). Collectively, Owner and Contractor may be referred to as the Parties, and individually as Party. WITNESETH: In consideration of the mutual covenants, promises, and consideration hereinafter set forth, the sufficiency of which both Parties hereby acknowledge, Owner and Contractor agree as follows: Article 1. Work. 1.1 The Contractor will perform work as shown in the "Scope of Work", which is attached to this Contract as Exhibit "A", and incorporated herein by reference. The Invitation to Bid issued by Owner attached hereto as Exhibit "B" and Contractor's bid in response to the Invitation to Bid attached hereto as Exhibit "C," are also incorporated herein by reference. 1.2 Contractor shall perform the Scope of Work (also referred to as "Work") as identified in Exhibit "A" attached hereto and made a part hereof, for two (2) years, commencing on , 2018 and ending on , 2020. This Contract may be renewed for one (1) additional one- year term upon the execution of a written amendment to this Contract by both parties. 1.3 Contractor shall provide a monthly maintenance schedule in a format acceptable to Owner for the Scope of Work identified in Exhibit"A." The maintenance schedule shall be updated by Contractor throughout the term of the Contract. 1.4 Contractor shall furnish all services, labor, equipment, and materials necessary and as may be required for the Work or in the performance of this Contract, except as otherwise specifically provided for herein, and all work performed under this Contract shall be done in a professional manner. 1.5 Contractor hereby represents to Owner, with full knowledge that Owner is relying upon these representations when entering into this Contract with Contractor, that Contractor has the expertise, experience, equipment, capability, and manpower to perform the Work.All of the Work shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the Work shall be fully qualified, competent, and, if required, licensed or permitted under state and local law to perform such work. 1.6 Contractor hereby represents to Owner that Contractor is properly licensed by the applicable federal, state, and local agencies to provide the Work under this Contract. Furthermore, Contractor agrees to maintain such licenses as may be necessary to perform the scope of work during the term of this Contract. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, Contractor shall notify the Owner immediately. 1.7 Contractor hereby agrees to conduct all Work and services under this Contract in accordance with all the applicable federal, state, City of Boynton Beach, Owner, Palm Beach County, and local laws, rules, ordinances, 00963533-2 Page 45 of 54 or regulations. A violation of any federal, state, City of Boynton Beach, Owner, Palm Beach County, or local law, rule, ordinance, or regulation may be considered a breach of this Contract, allowing the Owner to terminate this Contract. Article 2. Owner's Representative. 2.1 The Owner's Representative for this Contract shall be the BBCRA's Assistant Director, or designee. 2.2 The Owner's Representative shall have general supervision and direction of the work. He/She has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He/She shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. 2.3 The Owner's Representative shall, upon presentation to him/her, make prompt decision in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract. Article 3. Change in Scope of Work. 3.1 The Owner, without invalidating the Contract, may order additions to or deduction from the work in which event, the monthly invoice will be adjusted accordingly. If actual services to be provided differ from the Scope of Work provided for in the attached "Scope of Work," the Owner will pay the Contractor based on an agreed upon price. Any claim for extension of time must be identified and adjusted at the time of ordering such change. Any changes in the Scope of Work and/or the Total Contract Price shall be through the execution of a Change Order signed by both parties. Any change order which increases the Total Contract Price by more than $15,000 shall require the approval of the BBCRA Board. Article 4. Subcontractors. 4.1 The Contractor shall, as soon as possible after the signing of the Contract, notify the Owner's Representative in writing of the names of all proposed Subcontractors for the work, said Subcontractors to be subject to the approval of the Owner's Representative. Future addition or replacement of Subcontractors may be allowed subject to approval of the Owner's Representative. 4.2 The Contractor agrees that he is as fully responsible to the Owner for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them, as he/she/it is for the acts and omissions of persons directly employed by them. 4.3 Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Owner. Article 5. General Conditions 5.1 The Contractor shall protect all materials and workers against injury from any cause and shall provide and maintain all necessary guards for the protection of the public. He shall be held responsible for his negligence in the prosecution of the Work. 5.2 Upon completion, all debris and waste materials resulting from operations shall be removed from the project and disposed of legally by the Contractor. 5.3 This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Contract and not the Owner's employee. 00963533-2 Page 46 of 54 The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to Work or services rendered under this Contract shall be those of Contractor, which policies of Contractor shall not conflict with Owner or State policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the Owner, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the Owner and the Owner will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. Article 6. Compensation; Form of Payment. 6.1 Contractor will submit an invoice every month in the amount of $ for Work completed the previous month. Owner will pay Contractor within 30 days of receipt of Contractor's invoice and in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. The amount of the invoice and payment shall not change, unless another amount is agreed to in writing by both parties, or unless the amount is changed pursuant to another provision of this Contract. Reasons for change in invoicing and payment include, but are not limited to, changes in scope of work, claims for extra cost, default or breach of Contractor, and incomplete or incompetent work. All Payments shall be in the form of a Owner check made payable to the Contractor. No payment made under this Contract shall be conclusive evidence of the performance of this Contract by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Work. Article 7. Claims for Extra Cost. 7.1 If the Contractor claims that any instructions issued after the date of the Contract involves extra cost under the Contract, he shall give the Owner's Representative written notice thereof within two (2) days after the receipt of such instructions, and in any event before proceeding to execute the requested work. In cases of an emergency endangering life or property, the procedure shall then be as provided for in Article 3 Changes in the Scope of Work. No such claim for additional work shall be valid unless made in conformance with this Contract. 7.2 Extra work not included in Article 1 of this Contract, but authorized after the date of the Contract that cannot be classified as within the scope of work may be done at mutually agreed price, or on a lump sum basis. Article 8. Insurance Coverage. The Contractor shall obtain all insurance required by the Owner and provide proof thereof prior to performing the work, and include in such proof the Certificate of Insurance.The Owner and the City of Boynton Beach shall be named as an additional insured on the Contractor's policies (including products) with respect to liability arising out of work performed by the Contractor or acts or omission of the Contractor in connection with the work or this Contract. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Contract or the work performed as a result of this Contract. The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 00963533-2 Page 47 of 54 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 8.1 Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. In addition, the policy must include Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. 8.2 Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors C. XCU Coverages. d. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. e. Personal Injury Coverage with employee and contractual exclusions removed. f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency with thirty (30) days written notice of cancellation and/or restriction. 8.3 Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance service Office and must include: a. Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. C. Hired and Non-Owned Vehicles. d. Employee Non-Ownership. e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency and the City of Boynton Beach with thirty (30) days written notice of cancellation and/or restriction. Article 9. Indemnification; Waiver. 9.1 The Contractor shall indemnify, save, and hold harmless the Owner, the City of Boynton Beach, and all Owner and City of Boynton Beach agents, officers, and employees from any liability, claim, demand, suit, loss, 00963533-2 Page 48 of 54 cost, expense or damage (including attorneys' fees, such as attorneys' fees at the trial and appellate levels) which may be asserted, claimed, or recovered against or from the Owner, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment(including equipment installation and removal) of the Contractor. Nothing in this Contract shall be deemed to affect the rights, privileges, and sovereign immunities of the Owner or the City of Boynton Beach as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the Owner for its own negligence, or intentional acts of the Owner, the City of Boynton Beach, or the Owner or City of Boynton Beach officers, agents, or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 9.2 Owner shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Work or this Contract, whether such damage or injury occurs before, during, or after the Work or termination of this Contract. The Contractor hereby forever waives, discharges, and releases the Owner, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. Article 10. The Owner's Right to Terminate Contract. 10.1 Contractor's failure to perform or comply with the provisions set forth in this Contract shall constitute a default and breach of this Contract. Examples of failure to perform include but are not limited to: failure to complete Work by a deadline (except in cases for which extensions of time are provided); failure to supply enough properly skilled workman or proper materials to completely perform the Work; failure to make prompt payments to Subcontractors or for materials or labor; violating or disregarding laws, ordinances, or the instructions of the Owner's Representative; and otherwise failing to completely or competently perform the Work. If a default or breach should occur, Owner's Representative may, without prejudice to any other right or remedy, terminate this Contract by providing seven days' written notice to Contractor that sufficient cause exists to justify terminating this Contract, and require that Contractor stop all work. In such cases the Contractor shall not be entitled to receive any further payment. 10.2 Owner may terminate this Contract if the Contractor should be adjudged bankrupt, if the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Contractor's insolvency. 10.3 Notwithstanding the other provisions in this Contract, the Owner reserves the right to terminate the Contract at any time upon providing thirty (30) days written notice to the Contractor. 10.4 If Contractor fails to adequately perform the Work, Owner may, but is not obligated to, substitute another contractor for Contractor to perform the Work as required by this Contract. Article 11. Contractor's Right to Stop Work or Terminate Contract. If the work should be stopped under an order of any court, or other public authority for a period of three months, through an act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make a payment within thirty days after it is due, then the Contractor may, upon seven days' written notice to the Owner and the Owner's Representative, stop work or terminate this Contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials. 00963533-2 Page 49 of 54 Article 12. Miscellaneous 12.1 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. 12.2 Public Records. The Owner is a public agency subject to Chapter 119, Florida Statutes. Contractor shall comply with Florida's Public Records Law. Specifically, Contractor shall: a. Keep and maintain public records required by the Owner to perform as described in this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the Owner. d. Upon completion of the contract, transfer, at no cost, to the Owner all public records in possession of Contractor or keep and maintain public records required by the Owner to perform the service. If Contractor transfers all public records to the Owner upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Owner shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or S,i,mo,nM@bbfI.us The Contractor also understands that Owner may disclose any document in connection with performance of the Work or this Contract, so long as the document is not exempt or confidential and exempt from public records requirements. 12.3 Legal Representation; Jointly Drafted. The Parties declare that the terms of this Contract have been read and are fully understood. The Parties understand that this is a binding legal document, and it is further acknowledged that each Party has been advised to seek legal representation concerning the matters herein and had the opportunity to be represented by counsel in the preparation of this Contract. Accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein. This Contract shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. 12.4 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by Owner and shall be kept 00963533-2 Page 50 of 54 for a period of three (3) years after the completion of all work to be performed pursuant to this Contract. Incomplete or incorrect entries in such books and records will be grounds for disallowance by Owner of any fees or expenses based upon such entries. 12.5 Assignments; Amendments. Contractor shall not assign, transfer or otherwise encumber, under any circumstances, this Contract or any interests herein without the prior written consent of Owner. For purposes of this Contract, any change of ownership of Contractor shall constitute an assignment which requires Owner approval; otherwise, Owner may, at its option, terminate this Contract with no further liability. However, this Contract shall run to the Owner and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by all parties to this Contract. 12.6 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the Owner shall have the right to terminate the Contract without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 12.7 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the Owner designate the following as the respective places for giving of notice: Owner: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 Telephone Number (561) 600-9091 Facsimile Number (561) 737-3258 Copy To: Lewis Longman &Walker, P.A. Tara Duhy, Esq. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 Telephone Number (561) 640-0820 Contractor: Contractor name and address Telephone Number Facsimile Number 12.8 Binding Authority. Each person signing this Contract on behalf of either party individually warrants that he or she has full legal power and has been duly authorized to execute this Contract on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Contract. 12.9 Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. The exhibits if not physically attached should be treated as part of this Contract and are incorporated herein by reference. In 00963533-2 Page 51 of 54 the event of a conflict between the portion of this Contract above the signatures and an exhibit, the terms of the portion of the Contract above the signatures shall prevail. 12.10 Severability. If any provision of this Contractor application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.11 Governing Law; Venue. This Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard for conflict of law principles. Venue and jurisdiction for all purposes shall be in in Palm Beach County, Florida, to which the Parties expressly agree and submit. 12.12 Extent of Contract. This Contract represents the entire and integrated Contract between the Owner and the Contractor concerning the subject matter herein and supersedes all prior and contemporaneous negotiations, representations, understandings, or agreements, of any kind or nature, either written or oral. 12.13 Waiver. Failure of the Owner to insist upon strict performance of any provision or condition of this Contract, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. Owner may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Contract, but such waiver shall be deemed effective only if the waiver is in writing executed by all Parties. 12.14 Attorney's Fees. In the event that either party brings suit for enforcement of this Contract, the prevailing party shall be entitled to attorney's fees and court costs, including those at both the trial and appellate levels, in addition to any other remedy afforded by law. 12.15 Protection of Property. At all times during the performance of this Contract, the Contractor shall protect the Owner's property from all damage whatsoever related to the work being carried on under this Contract. 12.16 Counterparts and Transmission. To facilitate execution, this Contract may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 12.17 No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Contract. 12.18 Survival. The provisions of this Contract regarding indemnification, waiver, insurance, records, public records, binding authority, shall survive the expiration or termination of this Contract and remain in full force and effect. 12.19 Effective Date and termination. This Contract will become effective at the date and time that the last party signs this Contract. Unless earlier terminated pursuant to this Contract, this Contract will automatically terminate after receipt of Contractor's last invoice (which shall be dated no later than _) and payment by the Owner, or on 2020 whichever occurs first. Nothing in this paragraph shall be construed so as to affect the Owner's right to cancel or postpone the Work pursuant to this Contract. 00963533-2 Page 52 of 54 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year written below. OWNER: Boynton Beach Community Redevelopment Agency Steven B. Grant, Chairman Date: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 2018 by Steven B. Grant, as Chairman of the Boynton Beach Community Redevelopment Agency, who is personally known to me. NOTARY PUBLIC My Commission Expires: SIGNATURES CONTINUED ON NEXT PAGE. 00963533-2 Page 53 of 54 CONTRACTOR: By: Print Name: Title: Date: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of , for the use and purposes mentioned in it and that the instrument is the act and deed of that company. He/She is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2018. NOTARY PUBLIC My Commission Expires: 00963533-2 Page 54 of 54 -25 ' ' I zCA ou 24 fq U z� IZ ,N-'J I m I bn c no i o v U u pa v OU U 0 d Z � d v c;; ra�yy '� F3 c v N 00 m ' E M ti Z. i Vu 4� mU) U) p cn 12 .0 ur-I w f m � �� ro � � Win. U a �cd in _ Y o � C41 uc 00 00 ou O� N 121-10 LO C) 41 cn , ro ce) u co O1 tLW `" ;° d Ln �' c Ux ul m v h u° o > N ® Ul a RD 0 m 3 uy N o m O N Z u o V r 2o ,, Z fl V. Ca y V� ® o n a Y U 00 ap Q' W O � C '� ati `�•r r 4'. gam. B""-O""T"'MYC NTON CR A ADDENDUM NO. 1 TO INVITATION TO BID (ITB) TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY May 3, 2018 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("BBCRA") has published an Invitation to Bid (ITB), dated April 19, 2018, to perform landscape maintenance services on certain properties owned by the BBCRA. The intent of this Addendum is to address errors and clarify other aspects of the ITB.Applicants responding to the ITB shall take note of the following changes, additions, deletions, clarifications, etc., to the ITB which shall become a part of and have precedence over anything shown or described otherwise. Question 1: Can you send the prior bid tabulations for Landscape Maintenance Services on properties owned by Boynton Beach community redevelopment agency? Answer: Prior bid tabulations are not available since this is the first time the BBCRA has issued a ITB to perform Landscape Maintenance Services on Properties Owned by the BBCRA. Question 2: May I please have the current contract prices on the invitation to bid? Answer: Please see answer to Question 1. Question 3: How will the local business preference be applied to this ITB? Answer: The underlined language below indicates language that was added. Paragraph 4.4, Local Business Preference, (Page 9 of ITB) is hereby amended to state: To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. A "Local Business" is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) year prior to solicitation and a physical address within the City from which the vendor lawfully performs and operates. Post Office Boxes or location at a postal service center shall not be used for the purpose of establishing physical address. The BBCRA shall give preference to a Local Business if the Local Business's bid is determined to be within five percent(5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. All bid proposals must indicate whether or not Bidder is a local business via submittal of"Attachment K,"Certification Statement. 00904109-2 Addendum No. 1 Question 3: Where is the irrigation timer located on Site CO4, Parking Lot— NE 4th Street? Answer: Please see location indicated below for the irrigation timer. — y� � y i ; 44 f 1 nx 4 .... 7 419' lo m a m, ° fN,jr d5f ,WAA v A if; 40 s fl h t, r END OF ADDENDUM No. 1 00904109-2 Addendum No. 1 GREEN INDUSTRY LANDSCAPING CORP . 'SEAL 840" t,arntr*o ror tAn dwca pa M a pkv 0 MOCIRA Owned Omp"t iv% C-maSofV Numkqrs-. 1,10d m7ptn n Aawn Coos niurdev ftdovel a am ant Agency 710 N.,Federal HOWWV Boynton Sumik A,1%411 'A'smtac-,4zfr.!: BID PRICE PROPOSAL BRENKIYOWN SCOPF OF WORK - CATEGORY ONE: Improved Pmpenie5 Per-servive I}r)S}}rl��ry}��£�31�ti£ri��l�l�� ',�'r4 li��{ ;' 't �� `� �' t ,:, ��"rE� '.� �4�>i 4 AAf,tA UO"001's, o 00 00 So 311 1,50 i,ist, a sno, 2C eco NrcQwourt-owwvj vi In alfldmm 110 tid re so"Iml rewn VI Auteeirri,Kim,,Ot- rc="-mzot:,M-4,j k4yVA'd*11 A of,EN."mm,cc It 'ptre ol"ne,71 tile oCJYNTQ"N AG-kr,I I("CATANT V, wnF,,,F,.0r-MP,r,-NGVC',;Y ZI 71C N,I ecem I d,r6Ut. - ma• Olit,1�111%"O.""mt, I"ow u,"I Ell Al Smwmu,-A,��*Eor,,Awooe* jw'd R,1f,AWkEiekj A'":wx Lvbt alalowrd N rm cl Arjtt"-4 F-It4rmi,nopool Alal Cq�WYAAA Ar.EvelfiE A, -cZ. war ME if 14 BID PRICE PROPOSAL BREAKDOWN SCOPE OF 'WORK - CATEGORYONE.- linproved roeedea Awrual,A mount Per Service (4 timev peryear) Al etp®r t" V%1,711" la- 0110 12,P, O IS, zoo I,OQ�a 460, aui Ca-dwe's,M-draft cot'!cTrqc,m38.,NOT4 1-vvlk^b«vt t;r'.,,�jr , �T- re QF e�t a REDFJF-L'lPWNTAQVr-) at 7`,,DNPwltra 4:twz�, vrlam R.-aOt Flk'A:L,�"FM�woX4,21.0 h f mlsv4W-45 R�T,Vqrj armITr tv t�,,w T�o +11 ,4XLM w j,b*j T A%ro4l m t I FAc,o prqrA4 Amnoilf Ix Svcg'A�&"%,Apa o,R W ft nak-lanaitne it 1,r�_vcpairm low r, t N.8, oa,c 4 VMcnr a 11 a 11 x b,W.,I a t,a S or 4 arc F a rm of crc it,rn wt WN w,CA r c r r 4 U a rq-x V LA�'4 wl ok U]AW %W m ua%., Poo,j+IS�o 944 811)PRICE PROPOSAL BREAKDOWN SCOFEW WOR`° : T ;ORY 114'01: Vacant .0 Prr Smits;' 41w, � � _ 1900 to ILL,Vsr jokwo&Ni m .. jov p 240 SO rn A i" 9il it" # $ii # & i _ d T,-j 111 of i 1 i !wl1. ,,, . y, ,. lam` N ' di;l C1 V 04*41MAi S�iCiV '1 ;got p Y . t 9" 1 1 IM 15, C3 11 t M "�+d 141,41- xkd � ��1 o ui`54 11 --wtN M4,lj'P* W"4.44,fr. Pry r:Ww4"w%1,0�i�14r4�",JOl"rt�,-Ijtlo—"",Wr, vtqm t*hit,m.riIwwwv Fa,,m vfAqk,-,m%M, 7m,tl-P',rrm*w�-f ALS -awe I.."ffw ro*n ll�U.It,Ilta POKNN- TON t #Ull REDElAR3FkS%TALGENL `V,I U N ;'CdvaN lf;ftm 0'w1w lwsllr t=kwja, f,,"�,q LXCV>S 4i "I"I '1�I who,wqvhi�(C QP'j W"IC hl r 41. rjowv is, a-1, -j It"IV b"Is r rm.'or"*es'4 r-'w"i T'WA At NJ A fkP14 W:441 Em*rma w-W-7-t t A t"w P r, 10: I w4 11 r t.fig'cw .'a cf 14 0reelm t*wr mt WTO w W.4u.f0d w OK�tomj,7�r c -roq)r"w-%�t Niwwmwi Cmwa kvd Cocww rm., ;E N W,Of I A', lk, Ngc,V of S4 Additional L [c r Grccn r , fhy2914k ME1 3a 7065 d paplaccruont 1xv Sup m o 'MCM Plant alvl ( rr nar) d ,� A, *t r, PrIt ccewz,(d Iter pfir-a on J Pwjie, vii rnalr`rrranm icer*Iumo� I a r ite i; t f r;MD( 1=6Y'; UlI! Wo n® Gl TMFN.QONFlRMATlON pIvioriTithp! uAkwum 110 vlain tonamvu for r ;1 Imp rovod P mpartiot (,jo r ' 'fi e ""°gat, ,ITT a +7 271 WsO,v t €3ouvfi) P p 9 @ 6� E �` s ry r�Pa rini PrvljA�T 11Eas. G, a tai" p t t rdP�d P% 'q' j,o' T"A-ravv 'A-'$ of ' nct timprov -. r 1 ' #" 1`,A III I pf,AFla tevfm:brjrj '' " " r e m"N tnk riot,* u wT&.jhmEc-noN CONFRMATION rt Tuflc Landsc NN kerr t ce For Catoloty Two-Nmusist LPAS !)-'J "'"i� A!V,ff-2- A)WEI-cr 04 All AiAlfvtrkii Ay,. ri t :pl' j I r-wncc a rtC eta ct c "mu wr 1ea'a0mmefi bkv Corp `` n,,.� , a �r B d cs w I ,t tlt W, , pjxq,...,:I ~',I t- ice.-' r v imcf, pial...... ars t 4,w k 'M re pwatr=ve pemcn aPe w-meed the t t t �'*z ibm,.ate 5 " 1Ax7auFar Lel"Oa Cult ipm"a tR'mk UWSita dsbO W ,� P,re s -44,1,K'�M ma I€ r` d ,alb-v€x� '-171rNr eu;%tl +Aa1Wa,I}"r,rtfmlrIrx"A ava,I'a tP,,wl ti a -,-,4;vait,5r ��r'��,�'I'�t'ttil 1"a "B"Scare a,gotta.C44c gaily,moo;ViicavA Loft ivr y rwtx it 5ani rS rmi-mri ttu. l t, Jf Ud �wtt cje pp i Hf t r Y ` , tee, NO&34 co'SA IPT MTQcf.�P,l V.1w abt kr Y{ m cy.tu i'aInvaIna �4ars,u fir",Tl-CA CONTRACT FOR LANDSCAP114a"NTlNANCf SIRVICESONOWNED iY THE BOYNTON BEACH COMMUNITY T AGEINCY 30 14 t vrj�P",*vkj YES 4.4 NO e7u ihom ov g a_vl,-q;-s*j 1 O'„oliptyf VAT(k�,a ND I pb 4m V et Bio � o r"*:� 5 "yes L 'kilo Loom JOINT SID00MG, CO-O ATIVE PURCHASIN3 AGREEA-ilENT: A4 "lorc safre pmx, kcrms x c ws, BID f FORMATI N WAS OBTAINED FROG; oliter;4vrc0l, r i M pawa 35 at' ADDENDUM .I TO IWrfArMN TO E40 JITEIPrTO PVIRFORM LANDSCAM 4WNTjrNAVCF "VI ON PROPERTIES OWNED BrY TAG BOYNTON MACH C0MMVNltY REDEVELOPMCN7 AGENCY May , TO ALL PROPOURS AND17HER R EFS T er Fw°lycKiia, «r �,�p,aa a-` �',.!� l:�x pr$ " It pr;5°tw = t "p uuL4rr�'v 'ar t"3ouncr n IFS. ' rh Cpl 1 :19 11 to p rtn"In garMg.ratpc: qlr mFr f,,,ri°" rott rroA aro rxil ganl a� l0ir,Ajovoo,"oll ns Ir adum "A tum " :;ml f „ „3 t lli %VpW3n-Ixfe=&yjs-r^j W,lkvlit�i twinr ncte r vIclowevAr ciara -c, Rona, errs, cArInc tl `maft.,, 1r^ 9Frr I" ,t V " sha$l Vjoco w 4 pari rel, and 9laiv a g4oc i-on } 'goy„IVdh �„pjmn rip a'l ,J Aprina at, N wiml 1, C yvt, ttj:4"nv vt a vyj 9a -,-w*, N;anir, °pian 'vcv% i IrrpaaMrs ),%w^rr,by Fir.,%altar^4=r,�L"n Av*44wer" ''n9iwC'..�,�V y o4aotrvxwry aten'a jvahl” mr.c M%% ",'Vlms a.YV.tmc Ino iri1L',il nas =t3fl ao rrA k; "a-lra",ar so,"v`ir" oc pr agr? ". klo,3 IIIAO A Ws� !,Irf j;"ItA rn4,gIa,foflllji 9 i KF 4' Fnwf4m' Ammar,'. {"'x'%:.. "u4:`n;a mvi rap A ra 9:'u'�' ,v "IrMA v aIT�'4"I,C�w'4t#e 3sw w � � 4:14)CX IlO['4CAAl No I � r t s� T 'T"E" " ,: _COMPLIANCE STATEMENT Sufi l u0s to U OYL1"rl?n 1 aMi"'Art"rrr "ICy narak-rr er and Ageorcy f Fti1 pI rl r I frtcr,nth F1 3343°5 Kru,Am rep,, Aoefl Iq 2,01 ORIO-1--k R ILS VW-14 O, Y IHt iiacXA �jw�r ,aj Altn ' �u d t t s u rr� RFr No rear man 2.,OD Pm.(ESTI,TY, rI I& =uds°ori x,nprnrrrnIds Waq n w;�; r` nimant A r„ 2CAI 7'?MI: ,Cs$",; ,x,u RUO jmw URI" 1 IB J whermatt �hr unari°ugnrrl has,crc tt a HHCHA Irr oaii,-'k-m F!Jj jl-ISI say pfeNIA."IA 'PIS',At* a Rr er ruN,Ifie aI''r,oo r 'w t r prulect JJVI bemolf 0 uny,ag -IMN `wl I"apr 13 and accept II` ,tNwms,wpKIM 9r°%Ca6rrn,%,and rtmarmin rutr s"Ai 1rr r t' it kr jnw man3n n Lortrmm&ma cmmtod vit m rd r" Ana Zpp, rrvrrl hit Ink.CAA Prwl, Iffo xr1v°" pw9 rl r rr Nuujrrul Hillscopra "to yr ofjs�44 irf Iti1* togw" abufr srr kta-11rrt A" acrd AnArl"vori't R, ;AT IhA Ir,ur IN ma Ai I04r3 4 I:rir9r Aff'14 ra rrrl I'4 t 4W TO N"yAry a 'r I, ('0,41 'kIw i4`4 C, -1I A-x*lt Rho r*vl krN4 ArIl Ctw4;,ow.4; WNif°'r Ips"uly cr przvatrw0`0'Ria m-ca chin,Mmtlalr4roury, r rarrati' n, k "r)+' r"ir r l�dAr%FwfYW 11M Name 3�� g�r ATTAC44MENT"F" PUBLJC ENTrTY CRIMES STATEMENT A pmrsur ji athole,wfiv haN kvw,ll-,4"4.40 ul a MI l,,JJVIVJ,AW4'j 04"Vhl kAl 011wjfAot"i"n? II Iuy i,i,,A �i,"Lqrol mI�mjj nm rq,4'aAl v f,�qgtp cc,4 If,"prnq,ac w7v,key,-,l%Ir uferxl,�In a rtrik",rerly: &]J)JT[r�' _)(fjff roomy an A annirw-.kfln i rwtAr trKly 41n,we cmistmowt ar rm-pair cc z Pjam oildrv. r 11 MOO,$llvrllvlt rM,Frupwon, ny"pics cri comms of rmn `apuro, to a r crfttv, om--imarood cr, proirs,r7r,wm as a own-actnt mappler,rutroniroctus rf culuuMm grow a cuntria vilt ;Inv pualm urmy CA tia,mold t4xv%az volk arro rptwu r"Ot' pri exmnu uf ll` 9 Jk,Jj irua r_Srk3III t{ 25,7 017 rlodlai SW.W", A;( CATC-QIf7jRI,' 7'.%t (-,. 1,4 kN,,j M,Oh I rry-Al t ;V,) fo,rx tt,%Imm I h A rlala mfrY" rm,d con I'aa lxmov', J%-Irylsi Nt A'.'Nl x1mon Aclwcicacd to spin ffirz`,4tal.-mert I cio lhat Oulart mrIpAirm,k0jwkh Vi r A-mov wncloo I Norre , Tire % 'ale �I r..k* AT I ACKMENT "G" LIST I , T AND PERSONNEL +��,1��x2. u��o°� r a��,wt�I�s�tazg��k,�n�f� �a"�,��r•�n�nill?�*�u�l��rr rr��as�: '•�e 4l A;LAN 4�,%DID I' CONOTTION saui". IENT P t�� W � q �w®�i95 — UiA J n " +l( tP-) "v r,�a � y a �+ _ � gill F fq ewu Nevy Vats VI'120 N l- a,I a'l k'nak& "n i')oo I t4-PC-ii,»M)r�,p.sur A .10i P--j c a 4 so arzx:r,:zw-fim trA Nen t°Job rl After With Kat Volk kir No G YaN,�,"r,pert a w. emiia'*M� Loqua," # uu. ,... P'kHj'Z=jl 3142 TOS ll Toom Lar erg 2 4 Mot 3191i„ W ftw ' IEd javict,puree Wdsomoro a Ooto .,, IMENT-MA NIQUER"S INF PASS t ari 3' r �en * twkuwr p '. r Ar Matz,zo � g K dAka (3vW w z+'9'pSpin—Io",Pj 'iAu,G 11 c.,A"f=vr v ke 6L,� , s;Y`hsAo Rd P)44,v Tri ivr`�#na re In racl A...cqui'4 d I;r 9i�.'Yl'r, l�,c�#�4 }, w7{ 't�'-p` Pla*A Amrla§.W)Teta 1'viarf'xi 1n ..Il "s""s"p''a1Sly�i na r anaq°rI"ev I'LL Aga f"Gt 0 C,pa,oaso'ij—1T'r".'r rrll"S6kt 11S ra .r a tl°4 . ..,........ L p, U ':;oTpcfmtr nelfl a5, a r .1wcbpfa r'ft yva,r aq rGl4linna withit=s a r IfVt ! w rlrrit� rw litwli'r " 5, e w malar ct rr c rr* lorr Ras "Ilutwrr NQ r cA Ck E q Q!� M - _- It ret a ccmltllvi,expr3 J'JUl "I'or—tx ' lm reyy rG r as a 4Iu'(aa G"1'VAr ftQq Q.1 TAMS v r l WCM S ru4O.q f"w II swpiwcwofWO. il �tl`.... fl" Asawals i Yom, r �I '4ra WQ W Y N `4 , r � ��R �� k " �` � pr4 "mak-, 41 r -,+ C, ",Wz p"r I, 1 � Y _ � " !% r;Clam W u�k Y �� 1 � �� ,�fu��' irk� �•� � .� � (ICY-) -1 1,17 uck w' � 5 u ".F WddlV mvn iQ"7^aa A�"J w0h iwp f i A! ytwv? wj rt mal c, %n u"w t s a r r, la uF '#sur^' . 'T 'T' ' SUBCONTRACTORS ;env"IEs Xiirf[`P1 voldc k4 pe4 1,4m ii'iuwr„ N Project TWc: 02041fRA 'T W P.'LIOADOSCAM03 MAIN7 NANI r—Orl T4 tt PROPZ n 90MCD �,g ';H F, SladerIsr Nam: ,,.rep,"�. ��c +,!r Ol f- LO T, NomwAddrOSSMIOCA of TYPO at wV0 t r Amount i of Total Namw tO Addref phuar Names' aare._ ' fit a, a: a E .fit ACS ,4 # ., lir aa.t arlar c , tlr,rurr ra SiMult Z 'r il U1,FrV r ,;j to yt!""4 t:A=f.V3 mb glvvjj, v#'wkt kXH rr1vmjm4'1F Car.,4 it is r rz Wryt a 041 Pfulva"sIl polittervorr two r2,or m % rosals ct °C'O,i fi' d�,k6"dA 04,yhJ1Hd ryg�' .F lri]oma Stv IU'� 'a m.#-;gym 'ice �� n-" ��by Hi '��.�aP'Nol s@"i f� �"#�.'� s`t1uuT1r':. ,, avv r rr Agidnny for We prxirament at�rVnC3MCA or1)^t' 0Ia N sliodays,6 Lid �lurlu s', or revly trwrmninlmrr~ a nimram,Mw Compow,HIM f hqq Froprr ewfol A IPOree wft pia l;*rr gist' be giver, orclinro—Ke it Wci aware pmr;iAym p�vl' l;tshsd Curr pwga mn Rew I41A*0 F,"m l#i•nm of 1t* tet vrr ,Var, labc a nra Fran 0mr4parn rrvow, `!Cry to,ngwo "fin lrC ra ww'O O r`ak`(y;""l"A dr,a Ikp�J@lw �ttrml T'Fmrtl n i gmtmrnnnl n al#ty'ir9A err,pinwk' av uwiltrn ww ,m,mar-1w.ti,re, iUIN'U,rlt`w v jwze d a urj lvmlw utclarce e vrohlbael rr We'mrtome, are wmzfiem" ail-cm tat All, to talc-' s #'a�l€#rasttt�'uw•._:.,4 fr'�=.y G'7FuyflS;r i'u�.us,,��"ltl htir�wam�'�6da�mmuF d f t-k mla »p,+ulm��r wmu mm,C its,IRfYj#muO-, f�r Flr,"u m immnm rma H M Wlpl;?,r4+4a,Hy IF 1,1Ly3gSrL-Mlm,t�,,; oA'1pmrcm w,-oU 4, trig from robe crul cmin trtq r F° ttahrlr=- amplimpoo avaal's;rir al rn am r. ar-01 lhal Feran mw i--kap,w rr moon rrmrtypirr± t.i dig -zoa ann t C;,A VV fay:'# ,711) rr J U oiUVatr44 @Pit G-a!rulIIUW! U4 1XC(J*.URtrvrrU%Oi W,p€m I I UL4 Dai a tint-Y di lll`9�,�l�mll�rr��lY�" P+B�l{'l'mYL#�burr 6'y'Ua;Fr a,l p. rev"'I`r`mi°a°l fw«ar(,f Gr,,dllTowo*�s,-PrJT *mrrgl 1pA ipV] m'au ', T-"t A+LWIU AN FA rq'ho ri rano('1 Ina st wircre ani of rd r#ry arFax rw 4nyw o vvq rLmn"w"hal 4 ra ri z at,gaAmv as"L mrt tro-wr o arra vt �'lmal: t UO3, Hcr =1t at irw,,rcl*J tubmance Wv it We Jupw zRabn C4,'44-wim W,'4iarry 5taw>lur a vtnlat,rl i wr>_ml)2!r ; v elan "lJ kwo-Iliad ftotf n",hvt lam!�4 v„wafi".m, lel a 1 ct"19 Ory V r urt trrr m hv:m.Aa_v zInewswip"u arm A r=r,r; V.m,w arKmmloj m P f ua as Inrc la i1n n t c tom mm to svaIiartamlit dr n ,ro- worOeluv P I i u4rlaITtllA ei Ow'v U ittOt5,'It k-,ItI ki rwt,a ram#1-a�„04to1, 1144 1Rlywrp rFmlw-ttf� 24N ffi 7camjAmfulwo��' tifh r wvvq �"7. . to t ,„ Ow v.-r- IFr um TiOt mow„ lra ,�42 o 54 ems ; vMr an R me:Chvow Wo rk UA15onoirg Corp. Svnire rr mann Mv, rrrY awu rola urw'I,Uvs,dobth o1ram ur,rnvk qf�r are.rs itvvN kU w+owk, rinn ;t rrrrw na err N, m Ru wR+ w �r rw m,r+ r unn k Rw wsRrrrdw. w n .t)Vl!r-Z�1 yea,tit`w pw s: awe wt,l%r,r, ; t r '%,,.0 voilk 1 w tR6 a lum our Cure nartr ent AM implvmpn-up itwurpuli baa% s rw-a&, c i qv:of c cm'c r r ,ur'ara :risk iak Ixpfflijstqt ow taotw r=ronnr rrr ond wam ttu It ra{ wet j tr larpt tolE urs wr 1y Mijjr , ail,rrrlr equipment ovry&me w po ria a<hffim"It-lila;witi 41 Wwwv, s lr a y'r sod}to awid art,-is$gr t t'un rrrrt` tRa � 4 g'ti� www rarA&mwt , rr,um aw leo wmflikf,,JC K'Now-rig rtr r r vrmvon ill our r 7 We.b,,Iid two Rr "x(" q e ,ftftilOms Rr nw. rrwstrtrm4w firm "I,,Nliw app f lig- l wwr ark'Air a aefrdilvd IMIL,ccotml q r-woc r I offhcalth=d,ajit,umuLvj w,mv,ixt,o Ivoctim,from n ReviiUmd N,,ww who '0111 mvi'le Rior An!r oNvIlf m Nita or Oxaur w ili bc-zVailabir; r;tn'4R ly" Og"ek,will',Rrr ,iwheduJing ofafl wurk,w ,Rrrr Rart pcio aovv-)B teflon�,Mrtc t rm 01"t t105,JKV Way r ix R rlr r rr ur r.n( ,raRaw ~ to &rry fr•r our Mkft wowid, t lrl w,;r In r w1R w° r C'u) a LylU hw 00,W, ,log a;hnu^arid r nn comOredl#drrw sir"rpt ur n,2 m lege•o l,lr'o,wvaiLq�W+rwiOn euir mrV rimeumurl r tµkif C osu ;S-, owaldiatival; cmar 17-ouaTy I Corp,has ovcr 2�)y� ,ruv-Ticuum eapaiewo 4ail 5 yean tm fr,,,jw, %auaFkfflda" ftrtlizingt,mmon,pot 4J;Ww1.Fn w am,dcKm;4m,u%mck vp lexft, OnAving,mx�'l fulfill jlb'fd%,mulaillf1j.wnguwn n"ArM Ow, r NeerM,pk-"t back-inuuL our wam is amult LW L&Wth W Aful wAncn, Bu1wmmiswff,fluem in r-nelish MW spaixk Cowlmvrcue FeWilling o Dot M=vwuiuml 111mulic';('k us"foa)w n Lbrile-A 0 conalod Pat c vix-torr Tree tri narn i nkg Belk aw. w.4"'Co jimi lirmuri, frl'aia QkrcWtavowmilable-4fron4 the docir, I�ApA, Rescoltiv,liaic of 2 hommm In o"ramucyc4l. rm- q nw we-roice adented- Unirurzsomd. l,6wuJljy isliict,40, wl It or out isxogxvd dEC 110 wdM114L 16 fwA u-dikr I S,'fvg flat hed tradw uwlf dealt aw,RV %wktvA,.k BIL-orrs -,*Nvn, ,z 4 wx�llq uinum r c 3 help tri=mr 21 PdFr 4 owwaawa� -2 PaL,rAUWA v INXIjo shom 0 jamrs tl pnmer, c• mn-$ 2 orawly,69id lawn fftouvr M"Aw C'VaAwm frroor mn,,mw 1A Grp, Jam Dm"!True I I U Il Food Ch'irpo- P*WUM Watfitl,Willi q("*L�MUOgy of t I An,orrec%,;of hrm,ha: 1K 154, Gilif( Uri ,a P1 flectrovic Arrides of Locorparstion 900111 I a - eTT Vo r r i 20,118 #"RPPN, wn(wrry, I'm ul Arias w d purm, M!n,f fcw,-,n M's,a redo rMlil UqX"tIA91,htff�," A rlicte I 1.N1X.1SiY.Y Article 11 The IRD INT i fuux.Aj i,FL DOW I U trail 44 bddrf lair VLSI pummiuc i I MAISALRFLrA Mir Artkk-III I m rurlwft, ilea Mich thin ovffp�rmfirn ui mclokred tv v 7 k ,N), kAwn,l, ws Arti de IV x m L Article V nw-nn md Fl rc IA-xim-1 Add d thc mr,'rvord a FL, lCo'NV410 DM.V,\f.lX PERU 21Z L At 3L ZEA HILALKAI-C H.. 5*01 I C4rjt�16,["hall UM l��Lrllslp=Wltl'LarjaooqrtifWle�pt,.;� Jtw�L( mvlA��vd' upm- 11,, -,egoslmd A-tet SAVMW 'JGjN,,k(-,CO DE1,VAILU PERU Artick VI -11, r 11877 lea TAM. 20'a 11w,nares sad&I dwii uf Ux,ima-npinsl„�'i _ x,1.;1`L:�P. zil"' 1111,11P ''tl ya ,a ��rsiFu � �.vrfs4a Articit-VfT 7,illo, P 24IJ WI S] A l Sys "I"*sip I' VVs SUN FTUTIL� i 1, wrofwl "J W.,PXrWelt �ITF 7904-13" a : ^ V—TARIWV__T M rn "JW0,0 m aorta a MY Q&1 i mO ak UN n ju-AdAl A "ji, °� �� : � � � � ��: �, t W N'wm Ri a 'tai '�^„la '�k - « �"�' a+�t, " Y• @�s ' , " rul wav A"Iel r, 1ffd=amu UWIAk tht xt" "= &A A,°-w"W4 xaVwLM (� TA' -0; CC LVA infe", ptimi lzualvcj !%" ya4=rurx" aceta w Zoa sof+ r.:"baadjxc«w, a .., tl y^ ax a t �a0 t va w'wvv,, ax L Wow at 4'h&wee xt a Hwr,1,r VON rmwi sat.'": Iry 40t4mizog a F W-xa � *a "aw `°tv +B,at 1.441, ,'WnV44altj&I wrki to w',. ani° $orilx?f gar^L !td' ` ti CL° 1 �� t ..wk 4a i ' Sa xe!" eW it -dj V3cMtx �� r , 011 rom ZTM, "' „ affi`#�"„ I l 1 wtr,rh �1'h ITV f1P tow s.�4AhV,'4 t quit= �>� IT, � $G vx �, 4arodw ti r. WX kx ter too Yom' At tonrws. +, '. AwcwrtA4 "'w.Iola r"B x w =,ani. i, 01" . TWORMNM Wroxim"IM FM q cm-ric'n ma l 04" 'w a' c asd U, rt z3olwimas MA,,x r ratea,UCA ;A t a earwir gawk', ZLI lit dv'R A .stlo "� '��` '� raa Uw ArT W (VIPAI Of STATT4 T iIL TDA BUSMSS LTA AliffJKLES OF ViCORPORATrON IfRKD WTHK NKCULCURV Of STATIC,F 40,�6"LO,-'41 W q w 0,p LBT,, rEr 1410-i r", r,A k d.#I VIN, EXPIRES Ahrdx:A.9m a 1"' - LWt,AAbW3MOM th3 � d h�-a^. MFT wr g.r °owl' M "Mll a as— Aqpm aes�a�aia�swt� amnr'm�atms � ��,,,�•:m4az ,�n.�«�^w�.�,w�, �,� a T. o 4t Deparhm"I Of Environments-1 Protection UF1IFAS sea,�'hma ,> 'i••a vM$V 'r•1f0 (ii-, `fit O ' G 1643.. ag3 lr .,�v~•.t -r J vp:.�, w OmAUAI,.fix i "num m go gat� � � ..a ,tea :. .1 tt l wa , res 0)40Au U 1% t and iilt 1, 1' meP'..r ,A.' .`:Au " `1 P&4!:).:,. -. 1 vr.s W14kc regIfe *ado qk ply L ""M4.'VO- r 4sq'k V,'1&—of U.-m-4r av" -wovA# �', �� Antw10'1' vara 7 ledC- � z sA "w* t rr l4ys i;� H l K- Fvtnb jqh=Yt4frr W+w"' t z a il«t ,t t ;tvr Own al tt y e f6 VOMaE&& m=om eW"Wxa Emu:tfmlt�a C,_ "VelK `6 & rs�r a+,,-^L eve, ,. t a6 dam.. "�r':i:. > S „;P'!Pra.'r" �9ft§�•dre' '�R;yl"w �°<�'W®�I'«36t".. �wy�. 142 11,Jxi IIAa°moi UFHAS Best � � I tea Li%L4 0 Vfi, F has 3y gnfrb nu�tgwx? '11A 0,r 4`Trr q nj� r Florid*LItpal"aracm - a , �''la% r T �� , t L U IHV - Irf€aw 0 Avuq 11 a 1 II*C*H 940114ir Jpit A ' ,3.�IW3 rr m aL* rIAm m,tv*u�uON0" I NTlT0 r lex ki�'r�'�'� �-��tRt#Si)Inum 4 411MIMLUM _ AW"r11 �.. 4Am H`""1A- 9t rm,r,,I-wwa 1 p„m «I a a111 a 1 V, x .^m ,mosr .q �-,!�'u-m• �rMv. gni 3(R 3 mw"'*rte 3O Ak, E �AA 11 'All « r , ak- � r >a PAST gsw'mrir, ro-aw" A4 a i P 74 , s ��j KING KAMREN CONSTRUCTION AND DEMOLITIION , INC . INVITATION TO BID (ITB) TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY e .*erne FE5, 0 tto C�'�e7�' � � NITON '�79 i" B1EACn11 RELEASE DATE: April 19, 2018 MANDATORY PRE-BID CONFERENCE: April 27, 2018, at 10:00 A.M. (EST) REQUEST FOR INFORMATION/QUESTIONS DEADLINE: May 8, 2018, at 5:00 P.M. (EST) SUBMISSION DEADLINE: May 18, 2018, at 2:00 P.M. (EST) 00963533-2 BOYNTO '', 'K`,"9"`&"=BEAC RA ADVERTISEMENT FOR INVITATION TO BID (ITB) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY PUBLIC NOTICE INVITATION to BID (ITB) CONTRACT FOR LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY The Boynton Beach Community Redevelopment Agency(BBCRA) will accept sealed bids for a landscape maintenance services contract at its office located at 710 N. Federal Highway, Boynton Beach, FL 33435, until May 18, 2018, at 2:00 P.M. (EST), at which time they will be opened. Any bid received after May 18, 2018 at 2:00 P.M. (EST), will be rejected and returned, unopened, to the proposer. The time stamp or clock at the BBCRA's Reception Area is the time of record. All requests for information/questions are required to be submitted in writing to Ms. Thuy Shutt, Assistant Director, by fax at (561) 737-3258 or e-mail at ShuttTo_bbfl.us no later than May 8, 2018, 5:00 P.M. (EST) and will be answered in the form of an addenda only. Copies of the complete bid documents may be obtained from the BBCRA office or website, www.catchboynton.com MANDATORY PRE-BID CONFERENCE: A mandatory pre-bid conference has been scheduled for April 27, 2018 @ 10:00 A.M. (EST) at the BBCRA Office, 710 N. Federal Highway, Boynton Beach, FL 33435, and will continue to specific sites starting at 10:30 A.M. (EST). All interested bidders are required to attend and be prepared to ask questions. A Bidder's failure to attend the Pre-Bid Conference will disqualify that Bidder's bid. A Bidders failure to sign in within ten (10) minutes of the 10:00 A.M. (EST) conference start time or at the specific sites thereafter will disqualify the Bidder's bid. At the Mandatory Pre-Bid Conference all interested parties must register their name, email address, mailing address, and telephone number in order to receive any changes, additions, addendums, or other notices concerning the ITB. The CRA reserves the right to reject any and all bids, to waive formalities, to re-advertise, and to award the Contract for Landscape Maintenance Services in its best interest. Bid Responses to this ITB via facsimile and/or electronically will NOT be accepted. Boynton Beach Community Redevelopment Agency Ms. Thuy Shutt, Assistant Director Email: ShuttTo_bbfl.us 710 N. Federal Highway Boynton Beach, FL 33435 Phone: 561-600-9098 Fax: 561-737-3258 Website: www.catchboynton.com 00963533-2 Page 2 of 54 �1 BOYNRA TC INVITATION TO BID (ITB) CONTRACT TO PERFORM LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY INTRODUCTION Created pursuant to Chapter 163, Florida Statutes, the BBCRA serves the community by guiding redevelopment activities pursuant to its Community Redevelopment Plan through programs that assist with the creation and revitalization of neighborhoods and commercial areas within the BBCRA's boundaries. The BBCRA Area includes 1,650 acres along the eastern edge of the City of Boynton Beach. The BBCRA has acquired properties for the purposed of redevelopment. These properties are in various forms and stages of redevelopment ranging from vacant land to commercial sites. It is the responsibility and obligation of the BBCRA to maintain its properties.While these properties differ with regard to the stages of redevelopment, it is expected that the Bidder(s) selected will provide high quality landscape maintenance services to the BBCRA regardless of the location or stage of redevelopment of the property. 1.0 GENERAL PROJECT INFORMATION The BBCRA is accepting sealed bids to select and contract with qualified, responsible, responsive individual(s) or entity(ies) to provide landscape maintenance services on one or more BBCRA owned properties. These Landscape Maintenance Services are also referred to in this ITB as the "Project." The Contract is anticipated to be a two-year contract with one additional one year renewal. The selected Bidder(s) shall provide all materials, labor, equipment and maintenance of traffic necessary to perform the landscape maintenance activities to complete the Project, as specified in this ITB and in Attachment "A" and Attachment "B." The ITB is available online at the BBCRA's website, www.catchboynton.com or in printed format at the BBCRA office located at 710 N. Federal Highway, Boynton Beach, FL 33435. For the purposed of this ITB, the term "Contractor' means the successful Bidder(s) that ultimately enters a Contract(s) with the BBCRA. 2.0 SCOPE OF WORK The Scope of Work is broken into two (2) categories to accommodate various type of properties owned by the BBCRA. Bidders may submit a bid for one or both of the scopes of work attached to this ITB as Attachments "A" and "B." The BBCRA, at its sole discretion, may award one or more bidders a contract for landscaping maintenance services for the Categories listed below. 00963533-2 Page 3 of 54 CATEGORY ONE is for the following Improved Properties: Historic Boynton Beach Woman's Club Boynton Harbor Marina CRA Office Building Public Parking Lot— City Owned—NE 4th Street& NE 1"Avenue A detailed description of the scope of work for Category One: Improved Properties is provided in Attachment "A" of this ITB. CATEGORY TWO is for the following Vacant Lot Properties: Large Development Vacant Lots (aka Cottage District) Martin Luther King, Jr. Properties— MLK North Martin Luther King, Jr. Properties— MLK South Martin Luther King, Jr. Properties— MLK East Misc. Vacant Lots A detailed description of the scope of work for Category Two: Vacant Lots is provided in Attachment "B" of this ITB. 3.0 BID REQUIREMENTS 3.1 Personal Investigation and Obligation of the Bidder(s) Prior to submitting a Proposal, each Bidder shall inform themselves fully of the conditions relating to the properties and the employment of labor needed to complete the Project pursuant to this ITB. Failure to do so shall not relieve Bidder of his/her/its obligation to furnish all material and labor necessary to carry out the provisions of the Contract. At the time of submission, each Bidder(s) shall submit a completed Site Inspection Confirmation form, Attachment "C," which is attached hereto. By submitting a bid, each Bidder is affirms he/she/it has inspected the site and has read and become thoroughly familiar with the requirements of this ITB, including all site maintenance information or details, and 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 with respect to Bidder's submitted bid. 3.2 Changes, Additions, Addendums, or Other Notices: At the Mandatory Pre-Bid Conference all interested parties must register their name, email address, mailing address, and telephone number in order to receive any changes, additions, addendums, or other notices concerning the ITB. Bidders shall complete and include Attachment "D," Addenda Acknowledgement, as part of the bid. 3.3 Submittal Location and Deadline 00963533-2 Page 4 of 54 The BBCRA will accept bids at the BBCRA Office, located at 710 N. Federal Highway, Boynton Beach, FL 33435 until 2:00 P.M. (EST), on May 18, 2018("Submittal Deadline"). It is the responsibility of the Bidder to ensure that submitted bids are received at the designated submittal location by the submittal deadline. Bids received after the submittal deadline will be disqualified and returned to the Bidder unopened. 3.4 Number of Copies In total, one (1) unbound original of the bid and one (1) bound copy of the bid must be submitted. In addition, one (1) digital copy of the complete bid in PDF format on CD/DVD or thumb drive must be submitted. Facsimile or emailed copies of the bid will not be accepted. The completed bid proposal shall be submitted in a sealed package and clearly marked on the outside of the envelope and addressed as follows: "SEALED BID" Contract for Landscape Maintenance of BBCRA Owned Properties Category Number(s) Ms. Thuy Shutt, Assistant Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 3.5 Questions, Clarifications, Interpretations Questions and inquiries concerning the proposal and specifications of the solicitation shall be submitted in writing and directed to Ms. Thuy Shutt, Assistant Director, BBCRA, 710 N. Federal Highway, Boynton Beach, FL 33435, by fax at(561) 737-3258, or email at ShuttTo_bbfl.us for receipt no later than May 8, 2018, at 5:00 P.M. (EST). All answers to questions, clarifications, and interpretations will be issued in the form of addenda. Oral explanations, information, and instructions shall not be considered binding on the CRA. All prospective Bidders are encouraged to independently verify the accuracy of any information provided. Neither the CRA nor any of its agents or employees shall be responsible for the accuracy of any oral information provided to any Bidder. Written responses to all written questions submitted shall be maintained in the BBCRA ITB project file. All such addenda issued by the BBCRA before the bids are due, are part of the ITB, and Bidders 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. It is the responsibility of all Bidders to obtain, review, and respond to any and all addenda issued. 3.6 Limitations on Communications - Cone of Silence/No Lobbying As to any matter relating to this ITB, any Bidder, subcontractor, or anyone representing a Bidder is advised that they are prohibited from contacting or lobbying the BBCRA Board, BBCRA Advisory Board, BBCRA staff, or any other person working on behalf of the BBCRA on any matter related to or involved with this ITB. For purposes of clarification, a Bidder's representatives shall include, but not be limited to, the proposer's employees, partners, attorneys, officers, directors, consultants, lobbyists, or any actual or potential subcontractor or consultant of the Bidder. There will be an opportunity for inquiries to be made of BBCRA staff during the scheduled Mandatory Pre-Bid Conference. All inquiries after the Pre-Bid Conference must be in writing and directed to the BBCRA as indicated in Paragraph 3.5 above. Any violation of this condition may result in rejection and/or 00963533-2 Page 5 of 54 disqualification of the Bidder's bid. This "Cone of Silence/No Lobbying" is in effect from the date of publication of the ITB and shall terminate at the time the BBCRA Board selects a Contractor, rejects all bids, or otherwise takes action which ends the solicitation process. 3.7 Public Information/Public Records 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. 3.8 Obligations of Parties 3.8.1 Assumed Requirements Bidder understands and acknowledges that to the extent his/her/its bid is based on assumed requirements for the proposed scope(s) of work, the BBCRA has made no written or oral presentations that any such assumed requirements are accurate, and that such assumed requirements are not required to be a part of any contract that may arise based on the submitted bid. Bidder(s) is required to qualify all assumptions he/she/it makes. 3.8.2 Costs of Bid Submission Bidder understands and acknowledges by submitting a 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. 3.8.3 Reimbursement The BBCRA will not provide compensation to Bidder for any expenses incurred in preparing or submitting this bid or for any presentations made. 3.8.4 Award of Contract. The BBCRA makes no guarantee that an award will be made as a result of this ITB, 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 ITB or resulting contract when deemed to be in the BBCRA's best interest. 3.8.5. Representations made within the bid will be binding on Bidder. 3.9 Completeness of Proposal 3.9.1 Completeness Bidder should carefully read all information contained herein including the requirements to be a responsible Bidder, as it is the responsibility of the Bidder to submit a complete response to all requirements and questions. 3.9.2 Conditional Clauses Bids that are qualified with conditional clauses, or alterations, or items not called for in the ITB documents, or irregularities of any kind are subject to disqualification at the option of the BBCRA. 00963533-2 Page 6 of 54 3.10 Withdrawal or Modifications A bid may be withdrawn, modified, and resubmitted any time prior to the submittal deadline. Outside of the approved negotiation process, no bid may be changed, amended, or modified after the submittal deadline. Bids may be withdrawn after the submittal deadline upon written request stating reasons for withdrawing the bid. 3.11 Ownerships of Bids Bid costs and any other information submitted by Bidder 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. 3.12 Validity Period Bids are to be valid for the BBCRA's acceptance for a minimum of 90 days from the submittal deadline to allow time for evaluation and selection. A bid, if selected, shall remain valid for the life of the Contract(s) resulting from this process except as modified by such Contract. 3.13 Disclosure and Disclaimer The BBCRA reserves the right to withdraw this ITB either before or after receiving bids, reject any or all bids submitted, accept bids which deviate from the ITB, and to disqualify any bid that does not contain the documentation requested in this ITB. The BBCRA may, at its sole discretion elect to waive requirements and/or irregularities either for all responses or for a specific response, which the CRA, in its sole discretion, deems non-material. Any and all decisions by the CRA to modify the schedule described herein, request additional information, reject insufficient or unclear bids, reject any and all bids, accept any bid as a whole or in part, accept a combination of bids, negotiate agreements, abandon negotiations, approve agreements, etc., shall be at the BBCRA's sole and absolute discretion. Following submission of a bid, the Bidder agrees to promptly deliver such further details, information and assurances, including, but not limited to, financial and disclosure data relating to the bid and/or the Bidder(including the Bidder's affiliates, officers, directors, partners and employees), as requested by the BBCRA. NOTE: Any recipient of this ITB who responds hereto fully acknowledges all the provisions of this disclosure and disclaimer and agrees to be bound by the terms herein. In the event of any differences between this Disclosure and Disclaimer and the balance of the ITB, the provisions of this Disclosure and Disclaimer shall govern. Bidder(s) shall complete and include a signed Bidder(s) Acknowledgement and Compliance Statement exactly as shown in Attachment "E," Bidder Acknowledgement and Compliance Statement. 3.14 Tentative Schedule 3.14.1 Release of Invitation to Bid April 19, 2018 3.14.2 Mandatory Pre-Bid Conference and April 27, 2018, 10:00 A.M. (EST) Select Site Visit 3.14.3 Questions/Request for Information Deadline May 8, 2018, 5:00 P.M. (EST) 3.14.4 ITB Submittal Deadline and Bid Opening May 18, 2018, 2:00 P.M. (EST) 00963533-2 Page 7 of 54 3.14.5 Contract Award by BBCRA Board June 12, 2018, 6:30 P.M. (EST) (Note: Dates above are subject to change—registered Bidders will be notified by e-mail of changes, if any.) 3.15 Legal Requirements and Public Entity Crimes 3.15.1 Legal Requirements Federal, State, County, BBCRA, and City of Boynton Beach laws, ordinances, rules and regulations that in any manner affect the items covered herein apply, including laws, rules, and regulations concerning labor and safety. Lack of knowledge by the Bidder will in no way be a cause for relief from responsibility. 3.15.2 Public Entity Crimes All invitations to bid as defined by Section 287.012(l 1), Florida State 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(1) of Section 287.133, Florida Statutes, Attachment "F" Public Entity Crimes Statement. 4.0 BIDDER'S QUALIFICATIONS 4.1 General Directions Bidder's Information shall be provided EXACTLY with the item, paragraph, and section numbers shown in Attachments "G" and "H." Information submitted shall be applicable only to the, individual, company entity, or branch that will be contracted for this Project. Bidder will not attach any documents or information other than what the BBCRA requests in this ITB and any addenda; however, Bidder may use additional pages to provide responses to questions if the forms provided do not have adequate space for Bidder to fully answer the question. 4.1.1 List of Equipment and Personnel Bidder shall submit a list of equipment and personnel to support the Bidder's claimed ability to adequately complete the work. The Bidder must submit with the bid the name, address, phone number and email address of the person(s) to be contacted for the coordination of landscape maintenance services. A contact for regular work-hours, after-hours, weekends, and holidays must be identified. A completed Attachment "G," List of Equipment and Personnel, will be submitted as part of the bid proposal. NOTE: BBCRA reserves the right to inspect all maintenance equipment prior to contract award and to request Bidder's most recent corporate financial statement for review. 4.1.2 Bidder's Performance History List three (3) verifiable professional references for whom Bidder has provided similar services within the last five (5) years. References must include scope of work, contact names, addresses, telephone numbers, email addresses, and dates of service. A contact person shall be someone who has personal knowledge of the Bidder's performance for the specific requirements listed. Contact person must have been informed that they are being used as a reference and that the BBCRA may be contacting them. DO NOT list persons who are unable to answer specific questions regarding the requirement. This information will be considered in 00963533-2 Page 8 of 54 the contract award review. Failure to include all data noted in Attachment "H," Bidder Information and Past Performance, may eliminate Bidder from the bidding process; prior submittals will not be accepted. 4.1.3 Legal Actions List all civil and criminal legal actions in which Bidder is currently a named party or was a named party in the past four(4) years, providing the case number, case description, the state of jurisdiction, and disposition of each case as noted in Attachment "H," Bidder Information and Past Performance. Bidder(s) may include any additional relevant information. 4.1.4 Licenses. List and provide copies of all licenses, certifications, or other related professional credentials held by Bidder or Bidder's employees relevant to providing the landscape maintenance services. 4.2 Subcontractors If a Bidder(s) subcontracts any portion of the scope of work for any reason, Bidder must state the name and address of the licensed subcontractor and the name of the person(s) to be contracted on the enclosed Attachment "I" Schedule of Subcontractors. For purposes of this ITB, an example of a subcontractor would be an arborist, licensed contractor for pesticide application, or debris removal company. The 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 the BBCRA, will be in the best interest of and/or most advantageous to the BBCRA. The BBCRA also reserves the right to reject a bid of any Bidder 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) agrees that if selected to enter into a Contract, Bidder shall periodically throughout the term of the Contract provide the BBCRA an updated list of all subcontractors working on the awarded scope of work. 4.3 Drug-free Workplace Certification In accordance with Florida Statute 287.087, preference shall be given to Bidder(s) with drug free work programs. Whenever two (2) or more bids, which are equal with respect to price, quality and service, are received by the BBCRA or by any political subdivision for the procurements 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. In order to receive such preference, the Bidder(s) shall complete and submit with its bid the attached certification, Attachment "J," Drug Free Workplace Certification. A Drug-Free Workplace Certification is not a requirement under this ITB. 4.4 Local Business Preference To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. All bid 00963533-2 Page 9 of 54 proposals must indicate whether or not Bidder is a local business via submittal of Attachment "K," Certification Statement. 4.5 Insurance Requirements The successful bidder shall provide a certificate of insurance meeting the requirements of Attachment "L," Insurance Requirements, prior to contract execution. The BBCRA reserves the right to ensure and require that the insurance coverages provided by the successful Bidder are proper and that the insurers are licensed or otherwise qualified to do business in Florida. If at any time durin g the term of the Contract the BBCRA determines that it is in its best interests to insist on an alternative insurance provider, it may do so and Bidder(s) (and Contractors) agree to comply with the BBCRA's decision. The BBCRA also reserves the right to review, modify, or amend any required coverages, limits, and endorsements during the life of a contract and any extensions thereof. The BBCRA further reserves the right, but not the obligation, to review and reject any insurer providing coverage on the Bidder's behalf because of the insurer's poor financial condition or due to the insurer's failure to operate legally in the State of Florida. 5.0 PRICING AND COSTS 5.1 Bid Price and Related Costs Bidder shall provide acknowledgement of the Bid Price being submitted as Attachment "E," Bid Acknowledgement and Compliance Statement, along with the breakdown of costs for the scope of work that Bidder will be responsible for undertaking in order to complete the landscape maintenance services as described Attachment(s) "A" and/or"B." 5.2 Sales Tax By submitting a bid, Bidder acknowledges that all materials and supplies necessary for completion of this contract are subject to Florida Sales and Use Tax, in accordance with Florida Statutes. However, the BBCRA is exempt from any taxes imposed by State and/or Federal government. Exemption certificates will be supplied on request. State Sales tax Exemption Certification No. 85- 8012625376C-3 will appear on each purchase order. 6.0 CONSIDERATION OF BIDS AND AWARD OF CONTRACT Prior to the award of the Contract, the BBCRA may require the Bidder to submit an analysis of any lump sum bid prices quoted. Failure to comply with the requirements contained in this ITB may cause rejection or disqualification of the bid. If a Contract is awarded, it shall be awarded to the most responsive, responsible Bidder whose bid is determined to be in the best interest of the BBCRA, after consideration of all factors, including the contents of the submitted bid. The Board of the BBCRA reserves the right to reject any incomplete bid or any bid submitted by a Bidder who is not a responsive or responsible Bidder. In determining the "most responsive, responsible Bidder," the BBCRA, shall consider: (a) The most advantageous prices contained in the bid. (b) The ability (including required licensure), capacity and skill of the Bidder to perform the Project and provide the landscape maintenance services required. 00963533-2 Page 10 of 54 (c) Whether the Bidder can perform the Project or provide quality service promptly or within the time specified, without delay or interference for the categories stated on the bid form. (d) The character, integrity, reputation, judgment, experience and efficiency of the Bidder. (e) The number and quality of performance of previous contracts for landscape services, including, but not limited to, BBCRA contracts. (f) The previous and existing compliance by the Bidder with laws and ordinances relating to the contract or service. (g) The sufficiency of the financial resources and ability of the Bidder to perform the Contract or provide the landscape maintenance services. (h) The number and scope of conditions attached to the bid. (i) The overall cost to the BBCRA. (j) The best interests of the BBCRA. (k) Whether Bidder has been a party to litigation or arbitration arising from a project for a public entity within the past four years. If the Contract is awarded, the BBCRA will accept the bid and award the Contract to the successful Bidder by written notice to the successful Bidder. 7.0 EXECUTION OF AGREEMENT 7.1 Offer of Contract Upon selection of the successful Bidder(s) by the BBCRA Board, the BBCRA will extend to said Bidder(s) an offer to enter into a Landscape Maintenance Services Contract. The terms and conditions of the Contract are subject to negotiations, but shall not deviate substantially from the qualifications and costs identified by the successful Bidder(s) in its bid and must be in a form approved by the BBCRA Board attorney and the BBCRA Board. A copy of the Standard Form of Agreement Between Owner and Contractor is included in this ITB as Attachment "M." 7.2 BBCRA's Right to Withdraw If for any reason a Contract is not executed by the BBCRA and Bidder and approved by the BBCRA Board within 90 days of the Award of Bid, or if Bidder and the CRA are unable to negotiate terms of the Contract that are agreeable to both parties within 30 days of the Award of Bid, or the successful Bidder fails to return an executed Contract within 20 days of the Offer of Contract, the BBCRA reserves the right to terminate negotiations with Bidder and/or withdraw its Offer of Contract, and to move forward as it deems appropriate, which may include entering into contract negotiations with the next Bidder(s), re-advertising for bids, or electing not to award a Contract at all. If another Bidder is awarded the bid, this award shall bind such Bidder as though he/she/it were the original successful Bidder. 7.3 BBCRA's Right to Modify Scope of Work The BBCRA reserves the right to reduce or increase the quantities of work to be done and to eliminate or add any lot, lots or items of work listed in the bid. The BBCRA disposes of and acquires properties 00963533-2 Page 11 of 54 from time to time, and as a result, the total number of properties being maintained may change from time to time. Accordingly, the per lot price will be applicable for adjusting to the contract price to accommodate additions or elimination of BBCRA properties from the Scope of Work. 8.0 BACKGROUND INFORMATION The BBCRA reserves the right, before awarding the Contract, to require a Bidder to submit evidence of qualifications, as the BBCRA may deem necessary, and may consider any evidence available to it of the financial, technical, legal and other qualifications and abilities of a Bidder, including past performance and experience with the BBCRA and/or other clients. "This established the end of the main document" 00963533-2 Pagel 2 of 54 ATTACHMENT "A" SCOPE OF WORK - CATEGORY ONE: Improved Properties NOTE: The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders may submit a bid for one or both categories of work. Properties in this category consist of the following: 1. Historic Boynton Beach Woman's Club 2. Boynton Harbor Marina 3. CRA Office Building 4. City Public Parking Lot —City Owned - NE 4t"Street & NE 1stAvenue These properties may also be referred to as the Landscape Maintenance Service Area. SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing, Weed Control and Irrigation Checks. a. Litter Control —Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. that are not intended to be present as part of the landscape, and the emptying of all trash barrels on the site. Litter Control will be completed throughout the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. i. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. ii. All litter is to be containerized and properly disposed of. b. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. i. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1.5" / Floratam St. Augustine 3.5"-4" / Bahia 3"4' / Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. ii. Mowing shall be done carefully in order to avoid"girdling"trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. iii. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re- scheduling or vacating the schedule for that week must be coordinated with the BBCRA. C. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE: Trimming/Edging will be 1.5 feet away from all trees, palms, and exposed roots. 00963533-2 Page 13 of 54 d. Blowing —Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. e. Weed Control - Contractor responsible for keeping all areas weed-free at all times. i. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. ii. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. V. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mowing cycle. f. Irrigation Checks — Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his/her/its cost. B. Pruning and Hedge/Shrub/Flowering Plant Maintenance — All hedges, shrubs, and landscaped areas will be trimmed once a month in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. C. Palm Trimming - All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10') will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge upon authorization by the BBCRA. D. Trees - Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning as needed, for damaged, dead, crossing branches; obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. E. Irrigation Wet Check - Inspections and adjustments shall be done once a month wherein the entire irrigation system starting with the meter to the backflow to all the clocks, lines, and zones with their valves, heads, sensors, etc. to ensure that grounds and plantings are receiving adequate amounts of water while avoiding water loss. F. Irrigation Repairs — All needed repairs are to be documented, marked, and forwarded to the BBCRA immediately, and the damaged system is to be secured in the "off' position in order to limit the amount of water lost. An itemized estimate must be submitted and approved by the BBCRA prior to any repair work 00963533-2 Page 14 of 54 as the BBCRA reserves the right to complete repairs with in-house staff and/or to purchase the materials. G. Mulching — Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds four (4) times a year in March, June, September and December. A granular pre-emergent herbicide shall be applied to all shrub beds PRIOR to the application of mulch. Beds will be clean of weeds when new mulch is applied. NO CYPRESS MULCH SHALL BE USED. H. Plant/Tree Installation - An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "M," Standard Form of Agreement Between Owner and Contractor. I. Fertilization - All turf areas will be fertilized four(4) times annually using only commercial custom blended fertilizer which is designed for S. Florida turf needs. One of the turf fertilization applications will be a weed and feed that will be applied in the spring season. Fertilizer used will be a top grade 16-4-8 or season equivalent. Palms, hedges and ornamentals will be fertilized three times per year with a granular 13-3-13 or equivalent. All granular applications will be broadcast at the manufacturers recommended rates. J. Pest Control —An Integrated Pest Management(IPM) Pest Control Program will be designed and applied four(4) times annually for the detection and treatment of any insects, fungus and diseases that may occur in both the turf and on all ornamentals in all common ground areas. A supervisor with a commercial landscape pesticide certification will inspect and treat problems quarterly as detected in both the turf and all landscape materials throughout the site. Areas treated and problems corrected will be indicated in written activity reports. See below for specifications regarding pest control applications: a. Pest Control Specifications — Turf: All turf areas will be inspected and treated quarterly for turf- damaging insects and disease. Turf showing damage will be treated at time of inspection. Turf insects and diseases to be treated include Chinch Bugs, Sod Webworms, Army Worms, Fire Ants, Brown Patch & Leaf Spot Fungus. In addition, broadleaf weed control and ant baiting applications will be completed twice annually. b. Pest Control Specifications — Ornamentals: All Ornamentals will be inspected every month for plant damaging insects and disease. Ornamentals showing damage will be treated at the time of inspection. Ornamental insects and diseases to be treated include Scale, Mealy Bugs, Aphids, Caterpillars and Leaf Spot Fungus. C. Pest Control Exclusions: The control of Fig & Spiraling White Fly, Millipedes, Fleas, Ticks and Nematodes are not included in this program. Grub control would be at an additional cost. Any Treatment of Ants, other than Fire Ants, is not included in the program. Ants in pavers are also not included. Structural Pest Control including Wasps, Mud Daubers, etc. are not included. Any Palm tree disease would be an additional cost. No potted plants included. K. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRAwithin 24 hours of such repairs). L. General - Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four(4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be 00963533-2 Page 15 of 54 contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. M. Additional Work— These prices will not be added in the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed"basis. Sod will be priced per sq. ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. C. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. 00963533-2 Page 16 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved Properties Monthly Amount Per Service 2 Times per Month Basic Once a Maintenance Month Once a Litter Control, Pruning and Month Once a Map# Location/Address PCN# Mowing,Line Hedge/Shrub/ Palm Month TOTAL Trimming/Edging, Flowering TrimmingTrees Blowing and Plant Weed Control, Maintenance Irrigation Checks HISTORIC BOYNTON BEACH WOMAN'S`CLUB CO, 1010 S.Federal 08-43-45-28-24-000-0040 $ Fs $ Fs $ Highway BOYNTON HARBOR MARINA 110 NE 6th Street- Marina Entry Tower& 08-43-45-27-03-000-0132 CO2 725 Casa Loma Blvd.- &08-43-45-27-60-003- $ $ $ $ $ Open Space,Median& 0000 Harbor Master Bldg. CRS OFFICE'BLDG. CO3 710 N.Federal 08-43-45-22-00-000-7020 $ $ $ $ $ Highway PUBLIC PARKING LOTS NE 4th Street&N F 1 st C04 Avenue-City Parking 08-43-45-28-03-001-0080 $ $ $ $ $ Lot TOTAL $ $ $ $ $ The undersigned, having familiarized themselves with the local conditions affecting the cost of the work, with the Specifications(including Invitation to Bid, Instructions to Bidders,this bid,the Standard Form of Agreement, and the Scopes of Work) and Addenda, if any thereto, on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith,for the sum of Dollars($ )on a monthly basis,for the work outlined in this Bid Price Proposal Breakdown-Monthly Amout Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A". Bidder's ' nature Print Name Title Date 00963533-2 Page 17 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved Properties Annual Amount Per Service (4 times per year) Map# Location/Address PCN# I Mulchind Fertilization I Pest Control TOTAL HISTORIC BOYNTON BEACH WOMAN'S CLUB COl 1010 S.Federal 08-43-45-28-24-000-0040 $ $ $ $ Highway BOYNTON IJAkBOR MARINA 110 NE 6th Street- Marina Entry Tower& CO2 725 Casa Loma Blvd.- 08-43-45-27-03-000-0132& $ $ $ $ & 08-43-45-27-60-003-0000 Open Space,Median Harbor Master Bldg. CRA OFFICE BLDG. CO3 710 N.Federal 08-43-45-22-00-000-7020 $ $ $ $ Highway PITBLIC PARKING LOTS NE 4th Street&NEIst C04 Avenue-City Parking 08-43-45-28-03-001-0080 $ $ $ $ Lot TOTAL $ $ $ $ The undersigned, having familiarized themselves with the local conditions affecting the cost of the work, with the Specifications (including Invitation to Bid, Instructions to Bidders, this bid,the Standard Form of Agreement, and the Scopes of Work) and Addenda, if any thereto, on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith, for the sum of Dollars ($ ) annually, for the work outlined in this Bid Price Proposal Breakdown-Annual Amount Per Service(4 times per year) for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A". Bidder's nature Print Name Title Date 00963533-2 Page 18 of 54 Y rt B Y i I i; �*r tlsi fl f 2 r 1{}* r t r t+R 4)RA ca � � � �� `�� s i l ' ir_!�S`l�i S} }I)31 i.s��;{V£I l r 5 s• 1 t Si A ,.sl uI �S��i''iif�i��i� � �II{� t v-rs �i9{�. ,Y �•��Ssttt�R is (�� r. -- � As 11 {s`s •.eife�: ti`'�n i �i �r;- r 1-= �' �I - � y Al, rn t r[ � 00963533-2 Page 19 of 54 ' afi �F t M4 rN Irl � e i z � t 0 WI, sb A 41, �a � s� r INA,I 00963533-2 Page 20 of 54 , �t S t f t s } Al Biu {i tzl t' 17 b ' 1t\ r t MO Ol ria cc ui 1!rp:, r3 un�r lu "3 WI�C�"JQp W1,,,, Nd Fie07iff ' a1 1 1£i 4S 4 00m } ~ 7 cc LW ix Aw j 1 `fir 11 � i � F 00963533-2 Page 21 of 54 s+' tit, t s- yt0•3 -;s r��P t { g l �'9�{F qt C� ISl{i3}bt'�1{s�t1'�'!(��tts 001, �f�,�tt i{ + As {' + Q A i � i s{r r Q ! !3f -+(t r tt ?7{ 7�(��I I r 4 s } ft}`•s t ��R} lel+s7�rl��££ �V1��{£+s y`` st +rs �s,��,� 4 tti� � s tLUAM dX i) � e,� �• »�f ��t, 1, �� '" ! +�` ��} a a�". 00 CL IV, , '...� Ln �, �r. �� `1;!1P�s,� ��}��;r�S !��kip`•:��{� k � � _ ��, i y. � � �N : �` CL Cot CL CL f 104 '.) s � tfrf� )`••ti is s i` yu..,+r1�1}{+1 a �t} s � -s!}�'+�ts�s +ifii + ro + ', £ � � t � �+�� t t r ;f ``� �;{ rs{h �+•+r v r +r''� s� ,� ' "+ir NO t 00963533-2 Page 22 of 54 ATTACHMENT "B" SCOPE OF WORK - CATEGORY TWO: Vacant Lots: NOTE: The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders(s) may submit a proposal(s) for one or more categories of work. Properties in this category consist of the following: 1. Large Development Vacant Lots (aka Cottage District) 2. Martin Luther King, Jr. Properties — MLK NORTH 3. Martin Luther King, Jr. Properties — MLK SOUTH 4. Martin Luther King, Jr. Properties — MLK EAST 5. Misc. Vacant Lots SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing and Weed Control. a. Litter Control —Shall mean the collection and proper disposal, at the Contractor's expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. which are not intended to be present as part of the landscape within the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. and the emptying of all trash barrels on the site. i. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. ii. All litter is to be containerized and properly disposed of. b. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any "missed" uncut grass. i. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1.5" / Floratam St. Augustine 3.5"-4" / Bahia 3"4' / Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. ii. Mowing shall be done carefully in order to avoid"girdling"trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. iii. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re- scheduling or vacating the schedule for that week must be coordinated with the BBCRA. C. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE: Trimming/Edging will be 1.5 feet away from all trees, palms, and exposed roots. 00963533-2 Page 23 of 54 d. Blowing —Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. e. Weed Control - Contractor responsible for keeping all areas weed-free at all times. i. Weeds are to be completely removed from all turf, shrub, ground cover, flowerbeds, tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. ii. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. V. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. B. Damages - Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRA within 24 hours of such repairs). C. General — Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. —5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four(4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. D. Palm Trimming - All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10') will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge, upon authorization by the BBCRA. E. Trees - Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning, for damaged, dead; crossing branches; obstruction; or aesthetics is needed. Trees must be trimmed to provide clearance of no less than eight (8) feet at all times. F. Additional Work — These prices will not be added in the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an "as needed"basis. 00963533-2 Page 24of 54 Sod will be priced per sq. ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. C. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. e. Pruning and Hedge/Shrub/Flowering Plant Maintenance — All hedges, shrubs, and landscaped areas will be trimmed in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. f. Plant/Tree Installation -An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "M," Standard Form of Agreement Between Owner and Contractor. 00963533-2 Page 25 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK-CATEGORY TWO: Vacant Lots Monthly Amount Per Service 2 Times Per Month Basic Maintenance Litter Control, Once a Month Once a Month Map# Location/Address PCN# Mowing,Line Palm Trimming Trees TOTAL Trimming/Edging, Blowing and Weed Control LARGE DEVELOI}MENT VACANT LOTS AKA COTTAGE DISTRICT CTI Cottage District-17 Vacant Lots- PCN's attached to Map $ $ $ $ NE 4th&5th Ave. 4000 125 75 4200 MARTIN LUTHER KING;JR.BLVD.PROPERTIES (NE 16TH AENi1E) MLK NORTH NE 1st Street&NE 11th 08-43-45-21-24-000-0010 $ $ $ 75 $280 Avenue 80 125 E MLK BLVD. 08-43-45-21-25-001-0110 $ 80 $ 0 $ 25 $ 105 CT2 117 E MLK BLVD. 08-43-45-21-25-001-0080 $ 80 $ 0 $ 0 $ 80 119 E MLK BLVD. 08-43-45-21-25-001-0060 $ 80 $ 50 $ 0 $ 130 137 E MLK BLVD. 08-43-45-21-25-001-0040 $ 80 Is 0 $ 0 $ 80 E MLK BLVD. 08-43-45-21-27-001-0260 $ 50 $ 0 $ 0 $ 50 MLK SOUTH 118 E MLK Blvd. 08-43-45-21-10-005-0050 $ 80 $ 0 $ 25 $ 105 E MLK BLVD. 08-43-45-21-10-005-0100 $ 160 $ 0 $ 25 $ 185 E MLK BLVD. 08-43-45-21-10-005-0090 $ 160 $ 0 $ 0 $ 160 206 E MLK Blvd. 08-43-45-21-04-000-0202 $ 80 $ 0 $ 25 $ 105 117 NE 9th Avenue 08-43-45-21-10-004-0050 $ 80 $ 0 $ 0 $ 80 123 NE 9th Avenue 08-43-45-21-10-004-0060 $ 80 $ 25 $ 0 $ 105 CT3 129 NE 9th Avenue 08-43-45-21-10-004-0080 $ 80 $ 25 $ 0 $ 105 NE 9th Avenue 08-43-45-21-10-004-0090 $ 80 $ 25 $ 0 $ 105 141 NE 9th Avenue 08-43-45-21-10-004-0100 $ 80 $ 0 $ 0 $ 80 151 NE 9th Avenue 08-43-45-21-10-004-0130 $ 80 $ 0 $ 25 $ 105 *201NE9thAvenue-Duplexwill 08-43-45-21-18-000-1720 $ 80 $ 25 $ 0 $ 105 be demo'd MLK EAST 308 E MLK Blvd. 08-43-45-21-04-000-0130 $ 50 $ 25 $ 0 $ 75 NE 10th Avenue-E MLK Blvd. 08-43-45-21-04-000-0100 $ 50 $ 25 $ 0 $ 75 NE 10th Avenue-E MLK Blvd. 08-43-45-21-04-000-0080 $ 50 $ 25 $ 0 $ 75 NE 10th Avenue-E MLK Blvd. 08-43-45-21-04-000-0070 $ 50 $ 25 $ 0 $ 75 CT4 340 NE 10th Avenue-E MLK 08-43-45-21-04-000-0050 $ 50 $ 0 $ 25 $ 75 Blvd. 231 NE 9th Avenue 08-43-45-21-18-000-1650 $ 50 $ 0 $ 25 $ 75 235 NE 9th Avenue 08-43-45-21-10-004-0130 $ 50 $ 0 $ 25 $ 75 NE 3rd Street 08-43-45-21-18-000-1560 $ 50 0 $ 25 $ 75 MISC.VACANT LOT, CT5 402 NW 12th Avenue 08-43-45-21-14-000-4150 IS 50 Is o Is 10 $ 60 TOTAL Is 5940 $ 500 Is 385 $ 6825 00963533-2 Page 26 of 54 The undersigned, having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications (including Invitation to Bid, Instructions to Bidders,this bid,the Standard Form of Agreement, and the Scopes of Work) and Addenda, if any thereto, on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith,for the sum of SIX THOUSAND EIGHT HUNDRED TWENTY FIVE Dollars ($6,825.00)on a monthly basis, for the work outlined in this Bid Price Proposal Breakdown-Monthly Amount Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A". Bidder's Signa cure L.King Robinson Print Name Owner Title 05/15/2018 Date 00963533-2 Page V of 54 1 t � itlt LU w uj ui R Otts y s � 4 t s � 11ra (� sil �' r y, u pk t tr trt I i' t �! I 00963533-2 Page 28 of 54 t" t� \ .� , e uj cr Lki Am NEW u� "AO W4 00s 00963533-2 Page 29 of 54 �s `, us t. n- l t, ' 14 .; LL; n f } :j" IN cc `" CC fit±. ti!(ttr � � sti41 l� t} C}tit �- �� I 00963533-2 Page 30 of 54 A F- ui LU Ul LU 0UJ t 4 Ln „ 9\�� qM � t 1jt t 00963533-2 Page 31 of 54 i I' s� S x t t et + z all LLJ op maw ROrt 1101, r+UtJY, e}�i>{;rr ��tTs t si ISa }it1 u, vttil St �t111 s{l}�+ t ��} PIN",i h > a 1, . ' 31 �tY��sfi\Yj1U � mom i� f 00%3533-2 Page 32 of 54 ATTACHMENT "C" SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category One: Improved Properties Owner as an authorized agent of (Name and Title of Company Representative) King Kamren Construction and Demolition, Inc. (hereinafter called the Bidder) located at (Name of Company) 200 Via Lugano Circle 308 Boynton Beach,FI 33436 hereby certifies that on April 27th 201 Bidder(s) or Bidder(s)' representative personally visited the following Project sites: Historic Boynton Beach Woman's Club Boynton Harbor Marina CRA Office Building Public Parking Lot— City Owned—NE 4th Street& NE 1St Avenue and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A" Scope of Work, Category One: Improved Properties, for the Project prior to submitting his/her/its bid. Bidder's Signature L.King Robinson Print Name Owner Title 05/15/2018 Date 00963533-2 Page 33 of 54 SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category Two: Vacant Lots Owner as an authorized agent of (Name and Title of Company Representative) King Kamren Construction and Demolition,Inc (hereinafter called the Bidder) located at (Name of Company) 200 Via Lugano Circle 308 Boynton beach,FL 33436 hereby certifies that on April 27th 201 Bidder(s) or Bidder(s)' representative personally visited the following Project sites: Large Development Vacant Lots (aka Cottage District) Martin Luther King, Jr. Properties— MLK North Martin Luther King, Jr. Properties— MLK South Martin Luther King, Jr. Properties— MLK East Misc. Vacant Lots and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "B" Scope of Work, Category Two: Vacant Lots, for the Project prior to submitting his/her/its bid. Bidder's Signature L.King Robinson Print Name Owner Title 05/15/2018 Date 00963533-2 Page 34of 54 ATTACHMENT "D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Invitation to Bid (ITB) CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVLOPMENT AGENCY By entering checking YES or NO in the space provided and indicating date received. No. 1 X Yes ❑ No Date 05/03/2018 No. 2 ❑ Yes ❑ No Date No. 3 ❑ Yes ❑ No Date No. 4 ❑ Yes ❑ No Date No. 5 ❑ Yes ❑ No Date JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other CRAs; Palm Beach, Martin, and Broward County governmental entities and agencies. X Yes ❑ No BID INFORMATION WAS OBTAINED FROM: X CRA Website ❑ Newspaper Ad ❑ City Hall ❑ Other, please specify: Bidder's Signature L.King Robinson Print Name Owner Title 05/15/2018 Date 00963533-2 Page 35 of 54 ATTACHMENT "E" BIDDER'S ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids to: Boynton Beach Community Redevelopment Agency (BBCRA) 710 N. Federal Highway, Boynton Beach, FL 33435 Release Date: April 19, 2018 Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Submittal Deadline: Bids must be received in their entirety by the BBCRA No later than 2:00 P.M. (EST), on May 18, 2018 Bids will be opened in the Boynton Beach Community Redevelopment Agency Office at 2:00 P.M. (EST) on the submission date unless specified otherwise. The undersigned has read the BBCRA Invitation to Bid (ITB) to provide landscape maintenance services for the above referenced project. On behalf of my organization, I agree to and accept the terms, specific limitations, and conditions expressed therein. If for any reason a Contract is not executed by the BBCRA and Bidder and approved by the CRA Board, the undersigned agrees to honor the prices as provided by this organization in Attachment "A" and Attachment "B" of the ITB until such time a Contract is executed but not to exceed ninety (90) days following the Award of Bid. I have read, rely upon, acknowledge, and accept the Disclosure and Disclaimer section which is fully incorporated by reference into this statement. Name of Organization: King Kamren Construction and Demolition,Inc Bidder's Signature L.King Robinson Print Name Owner Title 05/15/2018 Date 00963533-2 Page 36 of 54 ATTACHMENT "F" 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 proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids proposals, or replies 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, Florida Statutes, 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 Bidder complies fully with the above requirements. Bidder's Signature L.King Robinson Print Name Owner Title 05/15/2018 Date 00963533-2 Page 37 of 54 ATTACHMENT "G" LIST OF EQUIPMENT AND PERSONNEL In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) AGE AND CONDITION: Original model year of equipment— if equipment has been rebuilt, year of last overhaul. (d) OWNED EQUIPMENT: whether Bidder owns equipment. ITEM USE AGE AND OWNED (a) (b) CONDITION EQUIPMENT (c) Yes/No (d) Right VPO(2) Mower 2 yrs old/great yes Blower(3) Blowing cuttings/leaves 1 yrs old/great yes Edger(3) 1 yrs old/great yes Edge lining Weed eater(4) weed cutting 1 yrs old/great yes Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format: Name Job Title/Description Years Phone/Email After with Hours Eric Howard Owner 561-704-1590 Company Contact 19 es r No 00963533-2 Page 38 of 54 ATTACHMENT "H" BIDDER'S INFORMATION AND PAST PERFORMANCE Name of Organization: King Kamren Construction and Demolition, inc Street Address: 200 Via Lugano Circle 308 Mailing Address (if different): City, State, Zip: Boynton Beach, FI 33436 Telephone No.: 813-230-2470 Fax No.: Email Address of Contact Person: kingkamren@yahoo.com Position/Title of Contact Person: Owner 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 the organization and management efforts. No Age of Organization — In continuous business since: 10 yers Leadership - List Corporate Officers, Principals, Partners or owners of your organization with titles and addresses. If a publically held company, list Chair of the Board, CEO and President: N/A Federal Identification No.: 20-3540747 State of Incorporation & Registration No.: Florida/P18000017425 If not a corporation, explain your status: Professional References: Provide three (3) verifiable professional references as required by Paragraph 4.1.2: 00963533-2 Page 39 of 54 Contact Name/Company Address/Telephone/Email Scope of Work/Contract Dates of Amount Services 1. Ashle Chaves Office Build-out 2015 200K 4829 Blue Pine Circle Lake Worth, FI 33463 561-373-2331 2. Gabrielle Designs Office Build-out 2016 130 S. Indian River Drive 215k Ft. Pierce, FI 561-797-3342 3. SYX District Security 515 Flagler Drive Training Facility 2017 West Palm, F133401 235k 561-603-5025 Legal History: Has Bidder been involved with any litigation within the past four (4) years? ❑ Yes X No If Yes, list all civil and criminal legal actions as required by Paragraph 4.1.3 in a separate attachment in the following format: Case Number Description State Disposition 00963533-2 Page 40 of 54 ATTACHMENT "I" SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date: April 19, 2018 King Kamren Construction and Demolition, Inc Bidder(s)' Name: Name/Address/Phone of Type of Work to be Dollar Amount % of Total Subcontractor Performed Name: Eric Howard Address: Lawn Maintenance $5460 80 Phone: 561-704-1590 Name: Address: Phone: Name: Address: Phone: 00963533-2 Page 41 of 54 ATTACHMENT "J" DRUG-FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, 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, proposals, or replies, that are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency for the procurement of commodities or contractual services, a bid proposal, or reply 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 tied 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, Florida Statutes 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 Signature L. Kinci Robinson Print Name Owner Title 05/15/2018 Date 00963533-2 Page 42 of 54 ATTACHMENT "K" LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT When seeking local business preference status, a Bidder must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am an authorized representative of [NAME OF COMPANY] (Bidder)and on behalf of the Bidder request that it be deemed to be a local business for purposes of the ITB. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located within Yes No Number of Years: the City limits of Boynton Beach, X 1 Florida? (2) Does the business have a Yes No Business License Number: business tax receipt issued in X N/A the current year? (3) Is the business registered Yes No with the Florida Division of X Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this bid.. I also agree the Bidder is required to notify the BBCRA in writing should it cease to qualify as a local business. Bidder's Signature L. King Robinson Print Name Owner Title 05/15/2018 Date 00963533-2 Page 43 of 54 ATTACHMENT "L" INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the BBCRA(or for such duration as it otherwise specified herein), the following insurance coverages: A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Contractors 3. XCU Coverages. 4. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 5. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and mustinclude: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. The BBCRA and The City of Boynton Beach shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 00963533-2 Page 44 of 54 ATTACHMENT "M" STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT ("Contract") made by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter called "Owner"), and L. Kinci Robinson , a Florida Corporation, with a business address of 200 Via Lugano Circle 308 Boynton Bch., Fl 33436 (hereinafter called "Contractor"). Collectively, Owner and Contractor may be referred to as the Parties, and individually as Party. WITNESETH: In consideration of the mutual covenants, promises, and consideration hereinafter set forth, the sufficiency of which both Parties hereby acknowledge, Owner and Contractor agree as follows: Article 1. Work. 1.1 The Contractor will perform work as shown in the "Scope of Work", which is attached to this Contract as Exhibit "A", and incorporated herein by reference. The Invitation to Bid issued by Owner attached hereto as Exhibit "B" and Contractor's bid in response to the Invitation to Bid attached hereto as Exhibit "C," are also incorporated herein by reference. 1.2 Contractor shall perform the Scope of Work (also referred to as "Work") as identified in Exhibit "A" attached hereto and made a part hereof, for two (2) years, commencing on TBD 12018 and ending on TBD , 2020. This Contract may be renewed for one (1) additional one- year term upon the execution of a written amendment to this Contract by both parties. 1.3 Contractor shall provide a monthly maintenance schedule in a format acceptable to Owner for the Scope of Work identified in Exhibit "A." The maintenance schedule shall be updated by Contractor throughout the term of the Contract. 1.4 Contractor shall furnish all services, labor, equipment, and materials necessary and as may be required for the Work or in the performance of this Contract, except as otherwise specifically provided for herein, and all work performed under this Contract shall be done in a professional manner. 1.5 Contractor hereby represents to Owner, with full knowledge that Owner is relying upon these representations when entering into this Contract with Contractor, that Contractor has the expertise, experience, equipment, capability, and manpower to perform the Work. All of the Work shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the Work shall be fully qualified, competent, and, if required, licensed or permitted under state and local law to perform such work. 1.6 Contractor hereby represents to Owner that Contractor is properly licensed by the applicable federal, state, and local agencies to provide the Work under this Contract. Furthermore, Contractor agrees to maintain such licenses as may be necessary to perform the scope of work during the term of this Contract. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, Contractor shall notify the Owner immediately. 1.7 Contractor hereby agrees to conduct all Work and services under this Contract in accordance with all the applicable federal, state, City of Boynton Beach, Owner, Palm Beach County, and local laws, rules, ordinances, 00963533-2 Page 45 of 54 or regulations. A violation of any federal, state, City of Boynton Beach, Owner, Palm Beach County, or local law, rule, ordinance, or regulation may be considered a breach of this Contract, allowing the Owner to terminate this Contract. Article 2. Owner's Representative. 2.1 The Owner's Representative for this Contract shall be the BBCRA's Assistant Director, or designee. 2.2 The Owner's Representative shall have general supervision and direction of the work. He/She has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He/She shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. 2.3 The Owner's Representative shall, upon presentation to him/her, make prompt decision in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract. Article 3. Change in Scope of Work. 3.1 The Owner, without invalidating the Contract, may order additions to or deduction from the work in which event, the monthly invoice will be adjusted accordingly. If actual services to be provided differ from the Scope of Work provided for in the attached "Scope of Work," the Owner will pay the Contractor based on an agreed upon price. Any claim for extension of time must be identified and adjusted at the time of ordering such change. Any changes in the Scope of Work and/or the Total Contract Price shall be through the execution of a Change Order signed by both parties. Any change order which increases the Total Contract Price by more than $15,000 shall require the approval of the BBCRA Board. Article 4. Subcontractors. 4.1 The Contractor shall, as soon as possible after the signing of the Contract, notify the Owner's Representative in writing of the names of all proposed Subcontractors for the work, said Subcontractors to be subject to the approval of the Owner's Representative. Future addition or replacement of Subcontractors may be allowed subject to approval of the Owner's Representative. 4.2 The Contractor agrees that he is as fully responsible to the Owner for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them, as he/she/it is for the acts and omissions of persons directly employed by them. 4.3 Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Owner. Article 5. General Conditions 5.1 The Contractor shall protect all materials and workers against injury from any cause and shall provide and maintain all necessary guards for the protection of the public. He shall be held responsible for his negligence in the prosecution of the Work. 5.2 Upon completion, all debris and waste materials resulting from operations shall be removed from the project and disposed of legally by the Contractor. 5.3 This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Contract and not the Owner's employee. 00963533-2 Page 46 of 54 The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to Work or services rendered under this Contract shall be those of Contractor, which policies of Contractor shall not conflict with Owner or State policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the Owner, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the Owner and the Owner will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. Article 6. Compensation; Form of Payment. 6.1 Contractor will submit an invoice every month in the amount of $ 4240 for Work completed the previous month. Owner will pay Contractor within 30 days of receipt of Contractor's invoice and in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. The amount of the invoice and payment shall not change, unless another amount is agreed to in writing by both parties, or unless the amount is changed pursuant to another provision of this Contract. Reasons for change in invoicing and payment include, but are not limited to, changes in scope of work, claims for extra cost, default or breach of Contractor, and incomplete or incompetent work. All Payments shall be in the form of a Owner check made payable to the Contractor. No payment made under this Contract shall be conclusive evidence of the performance of this Contract by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Work. Article 7. Claims for Extra Cost. 7.1 If the Contractor claims that any instructions issued after the date of the Contract involves extra cost under the Contract, he shall give the Owner's Representative written notice thereof within two (2) days after the receipt of such instructions, and in any event before proceeding to execute the requested work. In cases of an emergency endangering life or property, the procedure shall then be as provided for in Article 3 Changes in the Scope of Work. No such claim for additional work shall be valid unless made in conformance with this Contract. 7.2 Extra work not included in Article 1 of this Contract, but authorized after the date of the Contract that cannot be classified as within the scope of work may be done at mutually agreed price, or on a lump sum basis. Article 8. Insurance Coverage. The Contractor shall obtain all insurance required by the Owner and provide proof thereof prior to performing the work, and include in such proof the Certificate of Insurance. The Owner and the City of Boynton Beach shall be named as an additional insured on the Contractor's policies (including products) with respect to liability arising out of work performed by the Contractor or acts or omission of the Contractor in connection with the work or this Contract. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Contract or the work performed as a result of this Contract. The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 00963533-2 Page 47 of 54 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 8.1 Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. In addition, the policy must include Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 8.2 Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors C. XCU Coverages. d. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. e. Personal Injury Coverage with employee and contractual exclusions removed. f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency with thirty (30) days written notice of cancellation and/or restriction. 8.3 Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance service Office and must include: a. Minimum Limits of$300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. C. Hired and Non-Owned Vehicles. d. Employee Non-Ownership. e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency and the City of Boynton Beach with thirty (30) days written notice of cancellation and/or restriction. Article 9. Indemnification; Waiver. 9.1 The Contractor shall indemnify, save, and hold harmless the Owner, the City of Boynton Beach, and all Owner and City of Boynton Beach agents, officers, and employees from any liability, claim, demand, suit, loss, 00963533-2 Page 48 of 54 cost, expense or damage (including attorneys' fees, such as attorneys' fees at the trial and appellate levels) which may be asserted, claimed, or recovered against or from the Owner, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Contractor. Nothing in this Contract shall be deemed to affect the rights, privileges, and sovereign immunities of the Owner or the City of Boynton Beach as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the Owner for its own negligence, or intentional acts of the Owner, the City of Boynton Beach, or the Owner or City of Boynton Beach officers, agents, or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 9.2 Owner shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Work or this Contract, whether such damage or injury occurs before, during, or after the Work or termination of this Contract. The Contractor hereby forever waives, discharges, and releases the Owner, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. Article 10. The Owner's Right to Terminate Contract. 10.1 Contractor's failure to perform or comply with the provisions set forth in this Contract shall constitute a default and breach of this Contract. Examples of failure to perform include but are not limited to: failure to complete Work by a deadline (except in cases for which extensions of time are provided); failure to supply enough properly skilled workman or proper materials to completely perform the Work; failure to make prompt payments to Subcontractors or for materials or labor; violating or disregarding laws, ordinances, or the instructions of the Owner's Representative; and otherwise failing to completely or competently perform the Work. If a default or breach should occur, Owner's Representative may, without prejudice to any other right or remedy, terminate this Contract by providing seven days' written notice to Contractor that sufficient cause exists to justify terminating this Contract, and require that Contractor stop all work. In such cases the Contractor shall not be entitled to receive any further payment. 10.2 Owner may terminate this Contract if the Contractor should be adjudged bankrupt, if the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Contractor's insolvency. 10.3 Notwithstanding the other provisions in this Contract, the Owner reserves the right to terminate the Contract at any time upon providing thirty (30) days written notice to the Contractor. 10.4 If Contractor fails to adequately perform the Work, Owner may, but is not obligated to, substitute another contractor for Contractor to perform the Work as required by this Contract. Article 11. Contractor's Right to Stop Work or Terminate Contract. If the work should be stopped under an order of any court, or other public authority for a period of three months, through an act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make a payment within thirty days after it is due, then the Contractor may, upon seven days' written notice to the Owner and the Owner's Representative, stop work or terminate this Contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials. 00963533-2 Page 49 of 54 Article 12. Miscellaneous 12.1 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. 12.2 Public Records. The Owner is a public agency subject to Chapter 119, Florida Statutes. Contractor shall comply with Florida's Public Records Law. Specifically, Contractor shall: a. Keep and maintain public records required by the Owner to perform as described in this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the Owner. d. Upon completion of the contract, transfer, at no cost, to the Owner all public records in possession of Contractor or keep and maintain public records required by the Owner to perform the service. If Contractor transfers all public records to the Owner upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Owner shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or SimonM@bbfl.us The Contractor also understands that Owner may disclose any document in connection with performance of the Work or this Contract, so long as the document is not exempt or confidential and exempt from public records requirements. 12.3 Legal Representation; Jointly Drafted. The Parties declare that the terms of this Contract have been read and are fully understood. The Parties understand that this is a binding legal document, and it is further acknowledged that each Party has been advised to seek legal representation concerning the matters herein and had the opportunity to be represented by counsel in the preparation of this Contract. Accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein. This Contract shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. 12.4 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by Owner and shall be kept 00963533-2 Page W of 54 for a period of three (3) years after the completion of all work to be performed pursuant to this Contract. Incomplete or incorrect entries in such books and records will be grounds for disallowance by Owner of any fees or expenses based upon such entries. 12.5 Assignments; Amendments. Contractor shall not assign, transfer or otherwise encumber, under any circumstances, this Contract or any interests herein without the prior written consent of Owner. For purposes of this Contract, any change of ownership of Contractor shall constitute an assignment which requires Owner approval; otherwise, Owner may, at its option, terminate this Contract with no further liability. However, this Contract shall run to the Owner and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by all parties to this Contract. 12.6 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the Owner shall have the right to terminate the Contract without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 12.7 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the Owner designate the following as the respective places for giving of notice: Owner: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 Telephone Number(561) 600-9091 Facsimile Number (561) 737-3258 Copy To: Lewis Longman &Walker, P.A. Tara Duhy, Esq. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 Telephone Number(561) 640-0820 Contractor: Contractor name and address Telephone Number Facsimile Number 12.8 Binding Authority. Each person signing this Contract on behalf of either party individually warrants that he or she has full legal power and has been duly authorized to execute this Contract on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Contract. 12.9 Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. The exhibits if not physically attached should be treated as part of this Contract and are incorporated herein by reference. In 00963533-2 Page 51 of 54 the event of a conflict between the portion of this Contract above the signatures and an exhibit, the terms of the portion of the Contract above the signatures shall prevail. 12.10 Severability. If any provision of this Contractor application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.11 Governing Law; Venue. This Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard for conflict of law principles. Venue and jurisdiction for all purposes shall be in in Palm Beach County, Florida, to which the Parties expressly agree and submit. 12.12 Extent of Contract. This Contract represents the entire and integrated Contract between the Owner and the Contractor concerning the subject matter herein and supersedes all prior and contemporaneous negotiations, representations, understandings, or agreements, of any kind or nature, either written or oral. 12.13 Waiver. Failure of the Owner to insist upon strict performance of any provision or condition of this Contract, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. Owner may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Contract, but such waiver shall be deemed effective only if the waiver is in writing executed by all Parties. 12.14 Attorney's Fees. In the event that either party brings suit for enforcement of this Contract, the prevailing party shall be entitled to attorney's fees and court costs, including those at both the trial and appellate levels, in addition to any other remedy afforded by law. 12.15 Protection of Property. At all times during the performance of this Contract, the Contractor shall protect the Owner's property from all damage whatsoever related to the work being carried on under this Contract. 12.16 Counterparts and Transmission. To facilitate execution, this Contract may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 12.17 No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Contract. 12.18 Survival. The provisions of this Contract regarding indemnification, waiver, insurance, records, public records, binding authority, KKCD shall survive the expiration or termination of this Contract and remain in full force and effect. 12.19 Effective Date and termination. This Contract will become effective at the date and time that the last party signs this Contract. Unless earlier terminated pursuant to this Contract, this Contract will automatically terminate after receipt of Contractor's last invoice (which shall be dated no later than TBD) and payment by the Owner, or on TBD _2020 whichever occurs first. Nothing in this paragraph shall be construed so as to affect the Owner's right to cancel or postpone the Work pursuant to this Contract. 00963533-2 Page 52 of 54 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year written below. OWNER: Boynton Beach Community Redevelopment Agency Steven B. Grant, Chairman Date: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 2018 by Steven B. Grant, as Chairman of the Boynton Beach Community Redevelopment Agency, who is personally known to me. NOTARY PUBLIC My Commission Expires: SIGNATURES CONTINUED ON NEXT PAGE. 00963533-2 Page 53 of 54 CONTRACTOR: King Kamren Construction and Demolition, Inc. By: Print Name: L. King Robinson Title: Owner Date: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of , for the use and purposes mentioned in it and that the instrument is the act and deed of that company. He/She is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of 12018. NOTARY PUBLIC My Commission Expires: 00963533-2 Page 54of 54 DATE(MMIDDIYYYY) AO � CERTIFICATE OF LIABILITY INSURANCE „�- 05/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bryce Br Beasley NAME: y y Custom Contractors Insurance LLC PHONE ggg 652-4513 FAX (888)274-7438 P.O Box 3430 AIC No Ext): (888)652-4513 AIC No E-MAIL C Sedona,AZ 86340 ADDRESS: info@customcontractorsinsurance.com Phone: (888)652-4513 Fax:(888)274-7438 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Preferred Contractors Insurance Co. INSURED INSURER B: King Kamren Construction INSURER C: Lamont Robinson INSURER D 128 Palmetto Avenue Northwest Ste.A INSURER E: WINTER HAVEN FL 33881- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PCA5005-PC266075 04/13/2018 04/13/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE v OCCUR DAMAGES( RENTED 50 000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 1,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEF—] E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:ADDITIONAL INSURED LISTED AS HOLDER CERTIFICATE HOLDER CANCELLATION Boynton Beach Redevelopment Agency 710 N FEDERAL HWY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BOYNTON BEACH FL 33435 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE A /r ©1988-2014 ACORD CORPORA ON. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DATE(MMIDDIYYYY) AO � CERTIFICATE OF LIABILITY INSURANCE „�- 05/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Bryce Br Beasley NAME: y y Custom Contractors Insurance LLC PHONE ggg 652-4513 FAX (888)274-7438 P.O Box 3430 AIC No Ext): (888)652-4513 AIC No E-MAIL C Sedona,AZ 86340 ADDRESS: info@customcontractorsinsurance.com Phone: (888)652-4513 Fax:(888)274-7438 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Preferred Contractors Insurance Co. INSURED INSURER B: King Kamren Construction INSURER C: Lamont Robinson INSURER D 128 Palmetto Avenue Northwest Ste.A INSURER E: WINTER HAVEN FL 33881- INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PCA5005-PC266075 04/13/2018 04/13/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE v OCCUR DAMAGES( RENTED 50 000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ 1,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEF—] E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:ADDITIONAL INSURED LISTED AS HOLDER CERTIFICATE HOLDER CANCELLATION Boynton Beach Redevelopment Agency 710 N FEDERAL HWY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BOYNTON BEACH FL 33435 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORA N. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD t r BOYNTONt * RA ADDENDUM NO. 1 TO INVITATION TO BID (ITB) TO PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY May 3, 2018 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("BBCRA") has published an Invitation to Bid (ITB), dated April 19, 2018, to perform landscape maintenance services on certain properties owned by the BBCRA. The intent of this Addendum is to address errors and clarify other aspects of the ITB.Applicants responding to the ITB shall take note of the following changes, additions, deletions, clarifications, etc., to the ITB which shall become a part of and have precedence over anything shown or described otherwise. Question 1: Can you send the prior bid tabulations for Landscape Maintenance Services on properties owned by Boynton Beach community redevelopment agency? Answer. Prior bid tabulations are not available since this is the first time the BBCRA has issued a ITB to perform Landscape Maintenance Services on Properties Owned by the BBCRA. Question 2: May I please have the current contract prices on the invitation to bid? Answer. Please see answer to Question 1. Question 3: How will the local business preference be applied to this ITB? Answer. The underlined language below indicates language that was added. Paragraph 4.4, Local Business Preference, (Page 9 of ITB) is hereby amended to state: To provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBCRA to local businesses. A "Local Business" is any person, firm, partnership, company or corporation authorized to do business in Florida that has a valid business tax receipt issued by the City for at least one (1) year prior to solicitation and a physical address within the City from which the vendor lawfully performs and operates. Post Office Boxes or location at a postal service center shall not be used for the purpose of establishing physical address. The BBCRA shall give preference to a Local Business if the Local Business's bid is determined to be within five percent(5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. All bid proposals must indicate whether or not Bidder is a local business via submittal of"Attachment K,"Certification Statement. 00904109-2 Addendum No. 1 Question 3: Where is the irrigation timer located on Site CO4, Parking Lot— NE 4th Street? Answer: Please see location indicated below for the irrigation timer. .... . _.. a.. .� .� I r = r, s.� i I i V t nr 1� F: END OF ADDENDUM No. 1 00904109-2 Addendum No. 1 L . V . SUPERIOR LANDSCAPING , INC . BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved_ Properties Monthly Per Service Z Tinies,per Mouth Basic; Once a Maintenance Monk ince a iitteriContr 1, and Once Mouth Map Location/Address N Mowing,Line He ela M bf aunt TOTAL Fahn Triannimg/Edging, o ]'"g Trimming Trees Blowing and Plant Weed Control, Maintenance r atin Check OlYNT -,AT ;„ 1010 S.Sectralf� /�} C01 14Z hwa 08-43-45-28-24-004-0044 Is t°,�'e/ 1 '5-0 s o r �d ,/r 110 NE 6th Street- Marina Entry Tower& 0843-45-27-03-004-0132 CO2 725 Casa Loma Blvd- &08-4345-27-60-003- � Edo S f�' [� Open Space,Medan& 0000 Harbor Master Bldg. LD CRA OFFICE 3 CO3 710 N.Federal 084345-22-00-044-7020 $ is s � 5 s 1'� Hi hwa PUBILIC PARKIN _ T NE4th Street&NE1st' 0114 Avenue-City Parking 0843-45-28-03-001-0080 $ $ Lot - r1 V $$,31r $ � /yo $f�.�Q The undersigned, having farniliadzed themselves with the local conditions affecting the cast of the warp,with the Specifications(including Invitation to Bid, instructions to Bidders,this bid,the Standard Form of Agreement,and the Scopes of Work)and Addenda, if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,at 730 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required,all in accordance therewith,for the sum of Dollars($ X111 )on a monthly basis,for the work outlined in this Bid Price Proposal Breakdown-Monthly Amout Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A" 6i ees Jana— ana e Print Name Title Date 00963533-2 Page 17 of 54 BID PRICE PROPOSAL BREAKDOWN ONE,: e SCOPE OF WORK ® CATEGORY e Annual Amount Per SerVice (4 times per year) Map# on/Ad ss PCN# jMWc!q%jF0rdIJi=tioajFest Control TOTAL Col 1010 S,Federal 084345-28-24-000-0040 $ V�" 111gh`way B" YN" MARINA 110 NE6th Street- Marina Entry Tovwr& 084345-27-03-000-0132 CO2 725 Casa l nnm Blvd.- Chen Space,Nledian& 084345-27-604)03-41000 ,t 1 Harbor Master Bldg. CO3 710 N.Federal 084345-22-00-000-7020 $ / $ � terry 1TghuuyPUBILIC , , NE4th Street a lYF l st C04 Avenue-CityParking 084345-28-03-001-0080 ,+'7 S s l,at TOTAL S 0& The undersigned, having familiarized themselves with the local conditions affecting the cost of the work, with the Specifications (including Invitation to Bid, Instructions to Bidders, this bid, the Standard Form of Agreement, and the Scopes of Work)and Addenda, if any thereto, on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida„ hereby proposes to furnish all labor, materials, e ui ent and services required, all in accordance therewith, for the sum of Dollars ( , )annually, for the work outlined in this Bid Price Proposal Breakdown- XI ou rt Per Service(4 times per year) for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A" WIZ Bidders Signatrr P i t Narrle Title Date 00353533-2.. Page 18 of 54 i BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK-CATEGORY TWO: Vacant Lots molinthnil Amount Per Service 2 Tinies Per Mouth Basic Maiatename Litte r Controt Once a Month Once a Month Map# Location/Address PCN# mmingg,Line PabuTibmi4ig Trees TOTAL TrimAnguging, Blowing and Weed Control LAR.GE DEVELOPMENT VACANT LOTS AKA,COTTAGE DISTRICT Cottage District-17 Vacant Lot, cri I ,I PCN's attached to Map S NE 4th&Sth Ave. S=gp, Is qZ5— 'N,LkRTLN LUTHE.R KING,JR.BLVD.PROPS RVIES (INE IOTH AVENUE) NILK NORTH NE 1st Street&NE 11th 084345,-21-24-000-0010 S $ $ Avenue E MLK BLVD. 084345-21-25-001-0110 S Ajl $ C4'2 117EMLK BLVD- 084345-21-25-001-0080 S —$ 119 E MLK BLVD. 084345-21-25-001-0060 S $ $ 137 MLK BLVD. 084345-21-25-001-M,0 S d— LAV E MLK BLVD. 084345-21-27-001-02260 S '5— is Is— $ 9-0 MLK SOUTH 118EMLK Blv& 08434-5-21-10-005-0050 $ $ 5—. S 'Sn2 E MLK BLVD. 08434-5,21-10-005-0100 S $ S M2 E MLK BLVD. 084345-21-10-005-M90 9 $ S X?-I 206 E MLK Blvd, 084345-21-04-000-0202 $ $ 117 NE 9th Avenue 08-43g45 21-10-004-M-5,0 $ $ Cr3 123 NE 9th Avenue 084,345-21-10-004-0060 S $ 129 NE 9th Avenue 084345-21-10-004-0080 S $ NE 9th Avenue 08-43455-21-10-004-04490 141 NE 9th Aveme 08-4345-21-10-(W,-0100 S $ 15114E 9th Avenue 084345-2140-004-0130 SjVe S S4r $ 1201 NE Avenue-DuplexWU 084345-21-18-000-1720 S s s be demo'd NILK EAST 308 E MLK Blvd. 08-4345-21-04-000-0130 S S SS- $ NE 10th Avenue-E MLK Bhd. 08-4345-21-04-000-0100 $ $ NE 10thAvenue-E MLK Blvd. 0843-45-21-04-000-0080 5 s $ NE 10thAvenuc-EMLK Blvd. 08-4345-:214)4-000-W.0 _:S 447 S S- S S- C'T 4 340NE10thAvenue-EMILK 08-4345-21404,-000-wo S BIV& I 231 NE 9th Avenue 08-43-45-21-18-000-1650 S S, S SS7?2 .......... 235 NE 9th Avenue 084345-2140-004-0130 $ d 's 's S 6-0 NE 3rd Street 084345-21484045,60 S,y NUSC.VACANT LOT 402 NW 12th Avenue 08-43-45-214"004150 Is ......... ......... TOTAL 009635K�_2 Page 26 of S4 The undersigned, having familiarized themselves with the IOC21 conditions affecting the cost of the work, with the Specifications (including Invitation to Bid, Instructions to Bidders,this bid,the Standard Form of Agreement, and the Scopes of work)and Addenda, if any thereto, on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida, hereby P0 oposes to furnish a4 lr. materials e ioment and services required, all in accordance therewith, for the sum of 6dw 'as ' '.'rs ($ gz'T22. n a monthly basis, for the work outlined in this Bid Price Proposal Breakdown-Monthly A r Service for the maintenance of � P i the properties listed in this Scope of Work and attached to the Standard Form of Agree ent Between Owner and Contractor as Exhibit"A", BidWer's ig ure Sle r 2— ri ane Title Date Page 27 of S4 ATTACHMENT "C" SITE INSPECTION CONFIRMATION ProjectTitle: Landscape Maintenance for Category One: Improved Properties as an authorized agent of (Nand I itle of Company Represe' ive) nafter called the Bidder) located at (Name of Company) hereby certifies that on 2018, Bidder(s) or Bidder(s)' representative personally visited the following Project sites.- Historic Boynton Beach Woman's Club Boynton Harbor Madna CRA Office Building Public Parking Lot— City Owned—NE 4"' Street& NEI"'Avenue and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A" Scope of Work, Category One: Improved Properties, for the Project prior to submitting his/her/its bid. Bi`dde1Ks'Si' ature IU &Z Print Name Title Date 00363533-? Page 33 of 54 SITE INSPECTION FI T! Project Title: Landscape Maintenance for Category Two: Vacant Lots oAP-as an authorized agent of m (dTltic of Comp ny Rep-res e t ive) - reinafter called the Bidder) located at. (Name of Company) ;/ dJ hereby certifies that on _ 2118, Bidder(s) or Kidder(s)' representative personally visited the following project sites: Large Development Vacant Lots (algia Cottage Distract) Martin Luther King, Jr Properties—MLK North Martin Luther King, Jr Properties—MLK South Martin Luther King, Jr. Properties—MLK East Misc. Vacant Lots and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "B" Scope of Work Category Two. Vacant Lots, for the Project prior to submitting his/herlits bid. '14v�,11,1,47. Bi der'sit tore PriaLName Title Date 009631133-i Page 34 of s I ATTACHMENT "D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Invitation to Bid (ITB) CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVLOPMENT AGENCY By entering checking YES or NO in the space provided and indicating date received. No. 1 VYes No Cate No. 2 ❑ Yes n No Date No- 3 Yes n No Date No. 4 Yes No Date No. 5 E] Yes ❑ No Date JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT- Will extend same price, terms, and conditions of this bid to other CRAB; Palm Beach, Martin, and Broward County governmental entities and Vgenc No BID INFORMATION WAS OBTAINED FROM. V<C Website El Newspaper Ad n City Hall ❑ Other, please specify: - 11`�4111Z Bid6err l/Sig tore -R— Pn' Name Title Date Page 35 of 54 ATTACHMENT "E" BIDDER'S ACKNOWLEDGFMFNT AND COMPLIANCE STATEMENT Submit Bids to: Boynton Beach Community Redevelopment Agency (BBCRA) 710 N. Federal Highway, Boynton Beach, FL 33435 Release Date: April 19, 2018 Project Title-, CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Submittal Deadline: Bids must be received in their entirety by the BBCRA No later than 2:00 P.M- (ES1), on May 18, 2018 Bids will be opened in the Boynton Beach Community Redevelopment Agency Office at 2:00 P.M. (EST) on the submission date unless specified otherwise. The undersigned has read the BBCRA Invitation to Bid (ITB) to provide landscape maintenance services for the above referenced project. On behalf of my organization, I agree to and accept the terms, specific limitations, and conditions expressed therein. If for any reason a Contract is not executed by the BBCRA and Bidder and approved by the CRA Board, the undersigned agrees to honor the prices as provided by this organization in Attachment "A" and Attachment "B" of the ITB until such time a Contract is executed but not to exceed ninety (90) days following the Award of Bid. I have read, rely upon, acknowledge, and accept the Disclosure and Disclaimer section which is fully incorporated by reference into this statement- Name of Crani tion; nature B der's nature Pring tamet Title e Date 009F_'533-2 Page 36 of 54 ATTACHMENT "F" 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 proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids proposals, or replies 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 257.017, Florida Statutes, 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 Bidder complies fully with the above requirements. BidderQvhh(ure Ad tlame __ Title 9, Date 00961533_a Page 37 of 54 ATTACHMENT "G" LIST OF EQUIPMENT AND PERSONNEL In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) AGE AND CONDITION: Original model year of equipment—if equipment has been rebuilt, year of last overhaul. (d) OWNED EQUIPMENT: whether Bidder owns equipment. ITEM USE AGE AND OWNED (a) (b) CONDITION EQUIPMENT (c) Yes/No (d).. Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format: Name Job Title/Description Years Phone/Email After with Hours Company Contact Yes or No 00963533-2 Page 38 of 54 LV Superior Landscaping Equipment List Trailers (1) 8'x24' Closed (1) 7'x16' Closed (1) 8'x22' Open (1) Tx 16' Open Mowers (3) 72"Hustler (2) 66" Hustler (7) 60"Hustler (3) 36" Hustler (1) 60"Dixie Chopper (1) 36" Ride Standard (4) 36" Walk Behind (3) 21" Walk Behind Miscellaneous Equip (14) Weed Eaters (13)Edgers (10) Blowers (12) Hedge Trimmers (I ) Stump Grinder Chainsaws (7) 14" Chainsaw (3) 25" Chainsaw (5) 18" Chainsaw Trucks (1) 2000 Isuzu Dump Truck (1) 1995 GMC Dump Truck (1) 1999 Ford F150 King Cab P/U Truck (1) 2000 Bob Cat (1) 2001 Ford F250 WU (1) 1994 Chevy Pick Up C FIT p id CL 6 E- 7rL 7 (D cr o ID o rL C37 d L2L (n n :3 M T3 TI 71 Om (D m rD m 73 (D M eD rn O 3 'o r, w DO -a ul w a LD co cD co w 0 o O tiL Z ATTACHMENT "H" INFORMATIONPAST PERFORMANCE Name of Organization: S � Street Address: 41 Flailing Address (if different): City, State, Zip: Telephone No.: -►- Fax No.: Zf/9: / Email Address of Contact Person: Position/Title of Contact Person: Ownership Status— is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity's if yes, please explain the impact to the organization and management efforts. 4 Age of Organization — In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your organization vsrith titles and addresses, If a publically Feld co any, list Chair of the Board, CEO and President- le 4 J ZI ' Federal Identification No.: Or ,f ,✓` State of Incorporation & Registration No.: At If not a corporation, explain your status: Professional References- Provide three ( ) verifiable professional references as required by Paragraph 4.11.2: 009CS533-2 Page 39 of 5 Contact a e/Co panyr Add ress/Telep ne/E ail Scope of Work/Contract Sates of Amount Services . 3. Legal History: Has Bidder been involved any litigation \Mthin the past four(4)years n Yes e If Yes, list all civil and criminal legal actions as required by Paragraph 4.1_ in a separate attachment in the following format: Case Number Description Mate Disposition C0965y33.2 Page 40 of 54 Company References LV Superior Landscaping, Inc. The School District of Palm each County 3300 Forest Hill Blvd. West Palm Beach, FL 33406 T: 561-248-2930 e-mail: david,lcroll@palmbeach5choQls.org David Kroll, Landscape Sites Technician Scope of Work: Serviced 48 schools for lawn service and landscape maintenance" Approximately 889 Acres Dates of Service: November 2007 —July 2017 Florida Department of Health Palm Beach County (Mr.) Lynn J. McCullough 1050 West 15th Street Riviera Beach, FL 33404 T: 561-840-4522 email: LynD.McQi.AouqLi Qfthgaft iqoy -C Scope of Work: Currently servicing 7 Health Departments landscape and lawn maintenance* Dates of Service.- September 2012 — present Indian Trail Improvement District 13476 61 sc Street North West Palm Beach, FL 33412 T- 561-793-0874 F: 561-793-3716 e-mail: Tim Wojnar, Director of Parks & Recreation Scope of work: District Wide Parks Mowing of 9 Parks and Administration Building* Approximately 65 Acres Dates of Service. November 2011 — present Board of County Commissioners Palm each County Fire Rescue Stations Jim McNamara Manager, Capital Projects 50 S. Military Trail, Suite#110 West Palm Beach, FL 33415 T: 561-233-0884 e-mail: JMcnainar@pbcgov.org Scope of Work: Currently servicing 15 fire stations landscape and lawn maintenance* Approximately 20 Acres Dates of Service: July 2009— present .'Landscape & Lawn Maintenance includes: mowing, edging, line trimming, hedge trimming, maintaining hedges, ornamental shrubs, planters, ground covers: mowing & edging, weed control: chemical, mechanical & hand, policing trash in open & shrub beds, debris disposal, paved surfaces blown clean, trimming and pruning of trees and palms, installation & design of new landscape, pest control, fertilization, mulching. ATTACHMENT "I" SCHEDgLE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date. April 19, 2018 B®fid der(s)' Name: NamelAddress/Phon e of Type of Work to be Dollar Amount % of Total Subcontractor Performed Name: Address" Phone- Name: Address: Phone- Name: Address: Phone: ODS62713B-2 Page 41 of S4 ATTACHMENT "J" ® WORKPLACE CERTIFICATION In accordance with Florida Statute 287,087, 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, proposals, or replies, that are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency for the procurement of commodities or contractual services, a bid proposal, or reply 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 tied 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, Florida Statutes 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 authopized to sign the Statement, I certify that this firm complies fully with the above requirements. BidSde s Sign Lure rine_ Dame_ Tifte Date' 00963533-2 Page 42 of 54 ATTACHMENT "K" LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT When seeking local business preference status, a Bidder must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS &C41a [OFFICER OF COMPANY] Under penalty of perjury, I certify: I am aauthdgzed representative of -s' s - _ [NAME OF COMPANY] (Bidder)and on behalf of the Biddefrequest that it be, dee ed be a local business for purposes of the ITB- The following answers accurately reflect the status of the business seeking local preference. Answering yes to question I and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located within Yes o Number of Years.- the City limits of Boynton Beach, Florida? (2) Does the business have a Yes o Business License Number: business tax receipt issued in the current year? (3) Is the business registered �(e No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this bid.. I also agree the Bidder is required to notify the BBCRA in writing should it cease to qualify as a local business. B�ider`s' ignature 476-1 Name Title Date 009635332 Page 43 of 54 Jf ANNE A Psi N O N P.(]_Box 3353,'West Palm Beach,FL 33402-3353 **LOCATED AT** { CONSTITUTIONAL TAX COLLECTOR www.pbetax,com Tel;(561)355-2264 coma:g Palm Beaech County 3811 S 56TH TERR Serving you. REENACRE , EL 33463-6300 TYPE OF BUSINESS OWNER CERTIFICATJO7 # REC€IPT WDATE PAID AMT PAID BILL it 56-0025 LAWN&LANDSCAPE MAINTENANCE VASQUEZ LUCILC3U17.723154-09122117 $33.00 640124355 This document is valid only when recelpted by the Tax Collector's Office. STATE OF FLORIDA PALM BEACH COUNTY B3-974 201712018 LOCAL. BUSINESST RECEIPT LV SUPERIOR LANDSCAPING INC LBTR Number: 200710104 LV SUPERIOR LANDSCAPING INC 16059 OKEEC OBEE BLVD � SEPTEMBER LO AHATCHEE, PL 334701 This receipt grants tate privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. ► t� u —, A I'"'.'4. _ sy' "3 rem- : .r^-t' AM 01 "' �''^`- ti a P !^'ti`R a UFFTLORI E FLORI Certificate of Training IFAS Exten-sion GV 1 627- C at[licare-Y Florida Green Industri les V167 � Tr7;ncte ID 9 The undersigned het-eby a.ck-nawledges that Lueflo Vasquez has successfully met all requirements necessary to be fully trained through the Green Industries Best Management Practices Program developed bar d-le Ec�rida Department artment cif En��' onrliental Protection ��rith d-:e l�r�versit�, of Florida Institute of Food and-AgticultuTal Spie ces. �J D-Raine 7/7/2011 _ 4 � t Issuer hisrrucror Date of Crass DEP Proguxarn�;c�m�r�iserat�sr .� drat�a3�i F::t��ccxt sera s v �.-t `.'1 I" ey t.u, t..� '�--a�� .��'..h`°`�.._'�.�5_�� `✓'`. � v ..,�..r i,� !`' ;t,, L.. .i 1 i v��d�i�lt � r .�}Aaa� � l�a�1 ". I��d�� _ 1'ai0i ,m + i�ki eels► r o A TERRACON SERVICES , INC . BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved Properties Monthly Amount Per Service 2 Times per Month Basic Once a Maintenance Month Litte r Control, Pruning and Once a Once a Map# Location/Address PCN# owing,line Hedge/Shrub/ Month Month TOTAL m Triming/Uging, Flow ning Palm Trees Blowing and Plant Triminjng Weed Control, Maintenance Irrigation Checks, HISTORICBOYNTON,,BEAC HWOMANIS,CLUB Col 10 10 S.rederal 084345-28-24-000-0040 Ls Go $1'9 5� ':�bo�'0D $as 4 3;— b l, 11 I kilbiwav I I IsImk s !& c ,3 ]BOYNTON HARBOR.MARINA 110 NE 6th Street- Marisia Fittry Tomtr& 084345-27-03-000-0132 CO2 725 Cosa"ma Bl-*d- &084345-27-60-003- $ C6.00, cog $0'6� $ lY Opel)Space,Medan& 0000 Harbor Master Bldg- CRA' OFFICE BLDG., CO3 710 N.F ederal 084345-22-00-000-7020 $ j60,r1c $ $ 14 u 'PU,BLIC PARKING LOTS NPAth Street&NEIst C04 Avemitie-CityParking 084345-2803-001-0080 $ $ 1,A)t The undersigned, having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications(including Invitation to Bid, Instructions to Bidders,this bid,the Standard Form of Agreement,and the Scopes of Work)and Addenda, if any thereto,on file in the office of the BOYNTON B ACFI COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials,equipment and services required,all in accordance therewith,for the sum of -iwd -Pn�)Qs,�, 4Yvtg +V�o�-h4 Dollars($ )- 73.30. ul-, on a monthly basis,for the work outlined inthis Bid Price Proposal Breakdown-Month iy Amout Per Service fbrthe maintenance ofthe properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A". Bidde Sig re Phpl,lame Lc--e prrsGfe2� - Title Date 00963533-2 Page 17 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved Properties Annual Amount Per Service (4 times per year) LUcation/Address PCN# Mule Fe ` ' fits Pest Co IIISTORIC BOYNTONA.0 'S CLUB Col 0 S.F ]]]]0 S.t�edcFederalak y 084345-28-24-0]l�ll�3040 -7,,`t -, Civ • a Y T A 110 INE 6th Street- N-larEna Fatry"Tomtr& (102 725 Casa Loma]air - 084345-27-03-000-0132& ;, - c Open 5trace,lL9ean& t38 3-45-2'7-6{ 003-1 000 t , y S )� $ t`arbor Master Bldg. OFFICE 710 4,Federal CO3 084345-22.00-000-7020 J$ICt`oCj $ 1 Tigh ay PUBLICPARKING LOTS NE 4th Street&NE Est C04 Ax nae-City Parking 084345-28-03-001-0080 S "::�o 6' $ j� $ Lot TOTAL S CP The undersigned, having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications (including Invitation to Bid, Instructions to Bidders, this bid,the Standard Form of Agreement, and the Scopes of Work)and Addenda, if any thereto, on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith,for the sura of A` , ,, Cwr sir 1 v° ; Dollar ( )annually, for the work outlined in this Bid 'rice Proposal Breakdown-Annual Amount icer Service(4 times peryear) for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A'. Bid r Sign re f ! 3 Print Marne Title 7 Date 00sss533•a Page 18 of 54 ATTACHMENT "C" SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category One: Improved Properties -L—) V1& an authorized agent of (Nae and Title Company Company Representative) --I—, - r4 1 (hereinafter called the Bidder) located at (Name of Company) rcx-4 / A) JUD-i fe(`, (-q— hereby certifies that on 2018, Bidder(s) or Bidder(s)' representative pesonally v sited the following Project sites: Historic Boynton Beach Woman's Club Boynton Harbor Marina CRA Office Building Public Parking Lot— City Owned—NE 4h Street& NE I"Avenue and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "Alo of 7i ,gne: Improved Properties,for the Project prior to submitting his/her/its bid. Bidder' Sig r;te 7 ') Priv Name �J Title Date 009635.33-2 Page 33 of 54 ATTACHMENT "D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Invitation to Bid (ITB) CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVLOPMENT AGENCY By entering checking YES or NO in the space provided and indicating date received. No. 1 Ed Yes � No Date L"Ac',�' e�' , "?o J No. 2 Yes No Date No. 3 Yes El No Date No. 4 0 Yes E] No Date No, 5 0 Yes [] No Date JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT- Will extend same price, terms, and conditions of this bid to other CRAB; Palm Beach, Martin, and Broward County governmental entities and agencies. Yes No BID INFORMATION WAS OBTAINED FROM: CR_ Website El Newspaper Ad El City Hall Ll Other, please specify: Bidder1el, ttLlr es ie ll Printr , ame Title, Date 0090583-2 Page 35 of 54 ATTACHMENT "E" BIDDER'S ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids to: Boynton Beach Community Redevelopment Agency (BBCRA) 710 IN I. Federal Highway, Boynton Beach, FL 33435 Release Date: April 19, 2018 Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Submittal Deadline: Bids must be received in their entirety by the BBCRA No later than 2:00 P.M. (EST), on May 18, 2018 Bids will be opened in the Boynton Beach Community Redevelopment Agency Office at 2;99 P.M. (EST) on the submission date unless specified otherwise. The undersigned has read the BBCRA Invitation to Bid (ITB)to provide landscape maintenance services for the above referenced project. On behalf of my organization, I agree to and accept the terms, specific limitations, and conditions expressed therein. If for any reason a Contract is not executed by the BBCRA and Bidder and approved by the CRA Board, the undersigned agrees to honor the prices as provided by this organization in Attachment "A" and Attachment "B" of the ITB until such time a Contract is executed but not to exceed ninety (90) days following the Award of Bid. I have read, rely upon, acknowledge, and accept the Disclosure and Disclaimer section which is fully incorporated by reference into this statement. Narae" f 0-g ni , 0 1U 0-cr) "'So V i ai diiidir-j Si attire sit 4 Print 'Name' Title Date 00963!33 2 Page 36 of 54 ATTACHMENT 47" 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 proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids proposals, or replies 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, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. As the p on authorized to sign t Statement, I certify that Bidder complies fully with the above requirements. ze sign t St BidT 's/Sign 9dre Se 10 y) (7) 1(1 Print ame Title Date OOS63_53�-' Page 37 of 54 ATTACHIVIENT "G" LIST' OF EgUIPMENT AND PERSONNEL In preparing the tabulation below,the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, If necessary. (a) ITEM- Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) AGE AND CONDITION: Original model year of equipment—if equipment has been rebuilt, year of last overhaul. (d) OWNED EQUIPMENT:whether Bidder owns equipment. ITEM USE AGE AND OWNED— (a) (b) CONDITION EQUIPMENT (C) Yes,/No (d) E1 s,Vt VJ,4U tQ1J- 0 t- ics .......... E cl')L I1 ir��cL�S yu"' -k'y c%, �k -t T yululi E C01 Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format: Name Job Title/Description Years —Phone/Email After with Hours Company Contact 'i Yes or Mr% 0099.3533_2 Page 38 of 54 Kgy Personnel Performing Work ulmaro Perez Municipality Liaison 4 Years with Terracon 561-284-2222 Contact Abraham Perez Foreman 7 Years with Terracon Santos Puac, Laborer 1 Year with Terracon Jose Pec Laborer 5 Years with Terracon ATTACHMENT "H19 BIDDER'S INFORMATION AND PAST PERFORMANCE Nae of Organization.�-' r- '" -,I- ):� Marne 'f V'I C Street Address: Mailing Address (if different): -JU D, �r ticL City, State, Zip: Telephone No., "J--U-1 --71 -77 Fax Nilo.: J f, '-v- Email Address of Contact Person: i CQ V-Y Y62 '(Jr)ic V 1(2, 1 L) I Position/Title of Contact Person:S. -5fQh II 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 the organization and management efforts. --- -.0 0 -- Age of Organization— In continuous business since,: 7 Leadership - List Corporate Officers, Principals, Partners or owners of your organization with titles and addresses. If a publically held company, list Chair of the Board, CEO and President: 05-f 0" 62n- I rx. aa —Pus,L) n 4- Federal Identification No.: S State of Incorporation & Registration No.. If not a corporation, explain your status: Professional References: Provide three (3)verifiable professional references as required by Paragraph 4.12 009&35.9.3-2 Page 39 of 54 Contact NarnelCompany Address/Telephone/Email Scope of WorklContract Dates of Amount Services 1. 0 W 0 p, ter 6-k-k 13U Wil PL -tH-31� '-)Cun" n CV) _L4N"1 cam 2. ' Ck Cc- C47 C t(Y 5CkA-1(r 3. oL,(,,r\ oc i3e acv-) a)PQCAg C'r-' 3WD NA` zs-uz f- (v�su - Lid � S+ Legal History: Has Bidder been involved with any litigation within the past four(4)years? F-1 Yes )KNO If Yes, list all civil and criminal legal actions as required by Paragraph 4.1.3 in a separate attachment in the following format: -T Case Number Liescription State --TDisposition 01)96M2 Page 40 of 54 ATTACHMENT "[$I SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date: April 19, 2018 Bidder�s)' Name: Jefracco '-)-crow ty-1c, Name/Address/Phone of Type of Work to be Dollar Amount % of Total Subcontractor Performed Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: 0 0 9 6-3_q 3 9-2 Page 41 of 54 ATTACHMENT 44jot DRUG-FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287,087, 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, proposals, or replies, that are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency for the procurement of commodities or contractual services, a bid proposal, or reply 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 tied 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, Florida Statutes 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 continue to maintain a drug-free workplace through implementation of this section. As to rs h' r*ed t gn the Statement, I certify that this firm complies fully with the above requirements. Bidder' Sig a ure J Prin lame q Id.C, Title Date M963533-2 Page 42 of 54 i When seeking local business preference status, a Bidder must complete and file a written statement as follows: WRITTEN STATEMENT REQUESTING LOCAL BUSINESS STATUS )A-)M'() R04'1 1it ]OFFICER OF COMPANY] Under penalty of perjury, I c rtify: I anY an authorized representative of ° LSJLL , I nc' NAME OF COMPANY] (Bidder)and on behalf of the Bidder request that it be deemed to be a local business for purposes of the ITB. The following answers accurately reflect the status of the business seeking local preference, ,Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: ...-__.................... Name of Business (1) Is the business located within Yes No Number of years: the City limits of Boynton Beach, Florida? ( ) foes the business have a Yes No Business License Number: business tax receipt issued in the current year" ( ) Is the business registered Yes No with the Florida Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this bid- I also agree the Bidder is required to notify the BBCRA in writing should it cease to qualify as a local business. Bidder's Signature Print Name Title Date 110963s33-2 Page 43 of 54 BOYNTON "BEACH CRA ADDENDUM NO. 1 TO INVITATION TO BIER (ITB)TO, PERFORM LANDSCAPE MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE OY TON BEACH COMMUNITY REDEVELOPMENT AGENCY May 3, 201 TO ALL PROPOSERS AND OTHERS CONCERNED The Boynton Beach Community Redevelopment Agency ("BBCRA") has published an Invitation to Bid (ITB), dated April 19, 2018, to perform landscape maintenance services on certain properties owned by the BBCRA. The intent of this Addendum is to address errors and clarify other aspects of the ITB.Applicants responding to the ITB shall take note of the following changes, additions, deletions, clarifications, etc., to the ITB which shall become a part of and have precedence over anything shown or described otherwise.. Question 1: Can you send the prior bid tabulations for landscape Maintenance Services on properties owned by Boynton Beach community redevelopment agency? Answer, Prior bid tabulations are not available since this is the first time the BBCRA has issued a ITB to perform Landscape Maintenance Services on Properties Owned by the BBCRA. Question 2: May I please have the current contract prices on the invitation to bid? Answer.: Please see answer to Question 1. Question :. How will the local business preference be applied to this ITB? Answer: The underlined language below indicates language that was added. Paragraph 4.4, Local Business Preference, (Page g of/TB) is hereby amended to stated To,provide locally owned and operated companies a competitive advantage when the BBCRA is procuring goods and services, preference will be given by the BBA to local businesses. A "Local Business" is any person, firm partnership, gojmpaoy or corporation authorized to do business in Florida that has a valid business tax tocol t issued b the Cit for at least one 1 year ,prior to solicitation and a Physical address within the City from which the vendor lawfully erforms and,operates. Post Office Boxes orlocation_at a nostal service center shall not be used for the puL2ose of establishing physical address. The BBCRA shall give preference to a Local Business if the Local Business"s bid is determined to be within five percent 5d or five thousand dollars 5 000.C3t7 whichever is less of the lowest responsible and res onsive bidder. All bid proposals must indicate whether or not Bidder is a local business via submittal of "Attachment K"Certification Statement. Addendum Flo. t' Question 3 Where is the irrigation timer located on Site C04, Parking Lot—ISE 4'h Street? Answer. Please see location indicated below for the irrigation tuner. , E I vj- a � t .. n � — r, r t F � „ � I � END OF ADDENDUM No. axfsrc�t o�-a Addendum No. 1 - DATE(A�1MIDOIYYYY) CERTIFICATELIABILITY I 511572018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TETE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate-holder Is an ADDITIONAL INSURER,the policy(les) must be endorsed.. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may rewire an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCERCONTACfi "ME, Chanty Spaulding Keyes Coverage Insurance PHONE _.. FAX _m 5900 hiatus Road 4a1 �� sII 954-724-7000 AIC_ggy 954-724-7024 Tamarac FL 3332r1RILFss charlty rx keyescoveraga.ccam _ IN INSURER A,Hartford Ca INSURERS AFFORDING COVERAGE ..._.�m NAIC# d sualty Insurance Co 29424 INSURED 6190 INSURER IS.Trumbull Insurance CoMpany 27124 Terraan Services,Inc, PO Box 2766 INSURER C!FOCI Iris company i �7I Jupiter FL 33468 INSURER p INSURER C _,_... INSURER F COVERAGES CERTIFICATE NUMBER:20175951 34 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POLICIES DESCRIBED HEREIN IS S BjECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR - ..._....,...... �.o...w.. — _- -m..a..._.. ..a...,,.,...._ TYPE OF INSURANCE ABI1L UBR: POLICY FFF 1m P9LlCY EXP L ._.-_... �. I PCSLICY NUMBER. MEiw116C1YYYY MMIDDIY'YYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y i Y -21 UENOKT404 411124118 41112414 1 EACH OCCURRENCE 51 000,000 �.".x r GE TOREN S 34411171 CLAIMS-MADE .�.`. OCCUR. I' �IjsEs�Ea ac UrFen09) �, -- X_ PO Deducable- MEL EXP IAny one Pusan S 5 OQO Per occu,$540 ..,... PERSONAL&ADV INJURY .,f_�1,0D0,000 _.. �GEN'LAGGREGATE LIMIT APPLIES PER i i � POLICY F - PRODUCTSCOMP!P A_GG 2,000,000 JECTj LOC _.. .�„ OTHER: U AUTOMOBILE LIABILITY Y Y (21 UENOK7404 41112418 4,+1124119 �COMBINED SINGLE LIMIT & ANY Akita BODILY INJURY(Per perwnl S� , ALL OWNED r�t SCHEDULED jj ( BODILY INJURY(Per accident) S NON-OWNEr1 ! PROPERTY IJAMAC E AUTOS I S H!RED AUTOS AUTOS 1 P€r accrderHt�_- ! X PIP:Basic X. I PIP 14,00 C.mm .tcolliswn[led. $As Scheduled UMBRELLA LIAB OCCUR j EACH OCCURRENCE. ,$ I EXCESS LL4B CLAMS-MADE AGGREGATE. DED RETENTIONS _ ¢¢ $ � C WORKERS COMPENSATION ' ( Y lit-WC18A=61675 ... .41112{}18 474.(2019 SE,ATU'fE 3 X H - OTR AND EMPLOYERS'LIABILITY Y f N ANY PROPRIETOWPARTNEt XECUTIVE I E' 8_ EACI-!ACCl17E.NT (3 1.9't74 Q1C! OFFICEPJME.MB'ER EXCLUDED? 'N J A (Mandatory In NH) � � E.L DISEASE-EA EMPLOYEE S 1,090,000 IF yes,descdbe under �.� - _...,.-�..... DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,1700,{104 ' I I I DESCRIPTION OF OPERAT)BNS 1 LOCATIONS I VEHICLES (ACORD 101,Additivnal Remarks Schedule.may be attached It More space Is required) Boynton Beach Community Redevelopment Agency(710 N.Federal Hwy,Boynton Beach,FL 33435)and the City of Boynton Beach(100 E.B-oynton Beach Blvd„Baynton Beach,FL 33435)are included as Additional Insured(s)as respects General Llabllittyy and Auto Liability as required per written contract;Waiver of Subrogation applies in favor of the Additional Insured(s)for General Liability,Auto Liability and=kers Compensation,as required per Written contract. CERTIFICATE HOLDER CANCELLATION 30,,,,0M s Notice 11 0 Iia s for Non-lea SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE. THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Baynton Beach Community Redevelopment Agency 710 N.Federal HI IZ'D REPRESENTATIVE — Boynton Beach(FL 3AUTHo �343 a I-z' � C 1988-2014 ACORD CORPORATION, All rights reserved. ACORD 2 (2014101) The ACCORD Larne and logo are registered marks of ACORD WORKERS COMP EN SATION AND EMPLOYER LIABILITY IN URANICE POLICY Insured Name: TERRACON SERVICES 1NC Pullcydumber_ 001-WC13A-61675 Agency dame 954, Keyes Coverage rric WAIVER OF OUR RiGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the fight to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This are inert applies only to the extent that you perform work under z written contract that requires you to obtain this agreement from us. Th s agreement shall not operate directly or Indirectly tQ t)eneftt anyone not named in the Schedule. SCHEDULE All persons or organizations that,In a written contract executed by both parties prior to the date of the injury covered by this policy, require you to obta in tris a grearr ent from us. This endorsement changes the policy to wnich it is attached and is effective on the dwo i45u.,d unless otherviise noted. IsGued by� Fcci anouranvop C=1.-any 24570 Endorsement Number 0000011 Effective Date° 4/DI/18 Date Issued 4/02/18 Countersigned by__ AuthDrized Raprt5aentalive WC DO 03 13 Copyright 1983 National Council or Compensation Insurance MNI 1, Rf.4 TERRACON SERVICES,INC, COMMERCIAL AUTOMOBILE Policy#:21UENOK7404 HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form,the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph AA. -WHO, IS AN INSURED -of partnership or joint venture, formed as a Section ]I - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other autornobile provide direct primary insurance for policy or would be an "insured" under the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) The "auto"is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, ,auto"you hire. the Named Insured does not include any D, Additional Insured if Required by Contract nevAy formed or acquired organization- (1) Paragraph A.1. -WHO IS AN INSURED (a) That is a partnership or joint - of Section 11 - Liability Coverage is venture, amended to add. (b) That is an "insured" under any other f, When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization, Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered"auto," Paragraph A.1. -WHO IS AN INSURED - of SECTION 11 - LIABILITY COVERAGE is amended to add: @ 11, The Hartford (includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page I of 6 The insurance afforded to any such E� Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.1 . - Additional (1) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured, agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other Of written agreement that another insurance by the method described in e Other Insurance .d. person or organization be added as an 5 additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement-,or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not seek contribution from that other the Declarations, insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured In the Declarations and described in this has been,added as an additional insured. Section. When this insurance is excess, we will have no (3) Additional insureds Other Insurance duty to defend the insured against any "suitif If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers, to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance,. (2) The total of all deductible and self-insured (4) Duties in The Event Of Accident, Claim, amounts under all that other insurance. Suit or Loss If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another 2. AUTOS RENTED BY EMPLOYEES, person or organization be added as an additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV --- BU IhIE BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. @)2011, The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its pennission.) Page 2 of 5 If an "employee's" personal insurance also 5. PHYSICAL DAMAGE a DITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A. .a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance. limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOANILEASE GAP COVERAGE SECTION 11 - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto", we will pay your additional legal "employees"". obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the"outstanding balance"of the loan/lease, 4. HIRED,AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loarillease at the time of "loss" less Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges provided under this Coverage Form for any resulting from overdue payments; additional .,auto" you own, then the Physical Damage mileage charges; excess wear and tear charges; Coverages provided are extended to "autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit. returned by the lessor; costs for extended The most we will pay for "loss" to any hired warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease, and carry-over balances from previous (1) $100,000; loans or leases. (2) The actual cash value of the damaged or 7, AlRaAG COVERAGE stolen property at the time of the"loss",or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag, coverage. No deductible applies to"loss"caused 8. ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit, deductible a. The exceptions to Paragraphs BA - and excess andexcess provisions, we will provide coverage EXCLUSIONS -of SECTION III - PHYSICAL equal to the broadest coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d, do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power frorn the "auto's" loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is. This extension of coverage does not apply to (1) Permanently installed In or upon any "auto" you hire or borrow from any of your the covered "auto"; '"employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or-members of their households. or upon the covered"auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1)and (2)above;or 9)2011, The Hartford(Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "!auto's"operating system, the same "accident', the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived, Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smaller (or smallest) following: deductible. $1,500 is the most we will pay for"loss" in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT, CLAIM,SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2,a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV - BUSINESS that reproduces, receives or transmits AUTO CONDITIONS that you must notify us of audio, visual or data signals which, at the an "accident' applies only when the"accident" is Arne of"loss", is: known to: (1) Permanently installed in or upon (1) You, if you are an individual; the covered "auto" in a housing, opening or other location that is not (2) A partner, if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment: (4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE i in Paragraph 2.a. above or s an HAZARDS integral part of that equipment; or if you unintentionally fail to disclose any hazards (3)An integral part of such equipment, existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A. -COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's" responsibility to pay damages for "auto"to you. "bodily injury" or "property damage" is determined in a"suit,"the"suit" is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15, WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D.-DEDUCTIBLE-of-SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: 2011,The Hartford(Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc.,with its permission.) Page 4 of 5 We waive any right of recovery we may have c,Regardiess of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,ow 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that D EFIN ITION S is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto Is defined as an auto with an these. internal combustion engine and one or more 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal Paragraph 2, of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors to move the auto, or the internal except as follows: combustion engine to charge one or more electric motors, which move the auto. If we cancel for any reason other than 119. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage VEHICLE PAYMENT COVERAGE Coverages are amended to add the following: In the event of a total loss to a "non-hybrid"auto In addition to the actual cash value of the "auto", for which Comprehensive, Specified Causes of we will pay up to $1,000 for vinyl vehicle wraps Loss, or Collision coverages are provided under which are displayed on the covered "auto" at the this Coverage Form, then such Physical time of total loss. Regardless of the number of Damage Coverages are amended as follows: autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for a.1f the auto is replaced with a "hybrid" auto or any one "loss" is $5,000, For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the "non-hybrid"auto's not considered vehicle wraps, actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," @ 2011,The Hartford(Includes copyrighted material Form HA 99 16 031 of ISO Properties, Inc.,with its permission.) Page 5 of 5 TERRACON SERVICES,INC. Policy#21 UENOK7404 id COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read (2), The "bodily injury" or "property damage" occurs the entire policy carefully to determine rights, duties and during the policy period; and what is and is not covered. (3) Prior to the policy period, no insured listed Throughout this policy the words "you"' and "your" refer to under Paragraph 1. of Section 11 — Who Is An the Named Insured shown in the Declarations, and any Insured and no"employee" authorized by you to other person or organization qualifying as a Named give or receive notice of an "occurrence" or Insured under this policy. The words "we", "us" and "our" claim, knew that the "bodily injury" or "property refer to the stock insurance company member of The damage" had occurred, in whole or in part. If Hartford providing this insurance. such a listed insured or authorized "'employee" The word "insured" means any person or organization knew, prior to the policy period, that the "bodily qualifying as such under Section 11—Who Is An Insured, injury" or "property damage" occurred, then any Other words and phrases that appear in quotation marks continuation, change or resumption of such have special meaning. Refer to Sectio n V—Definitions. "bodily injury" or "property damage" during or after the policy period will be deemed to have SECTIONI—COVERAGES been known prior to the policy period. COVERAGE A BODILY INJURY AND PROPERTY c. "Bodily injury" or"property damage"will be deemed DAMAGE LIABILITY to have been known to have occurred at the 1. Insuring Agreement earliest time when any insured listed under a. We will pay those sums that the insured becomes Paragraph 1. of Section 11 — Who Is An Insured or legally obligated to pay as damages because of any "employee" authorized by you to give or "bodily injury" or "property damage" to which this receive notice of an "occurrence"or claim: insurance applies. We will have the right and duty (1) Reports all, or any part, of the "bodily injury" or to defend the insured against any "suit" seeking "property damage"to us or any other insurer; those damages, However, we will have no duty to (2) Receives a written or verbal demand or claim defend the insured against any "suit" seeking for damages because of the "bodily injury" or damages for"bodily injury,"or"property damage" to "property damage"; or which this insurance does not apply We may, at (3) Becomes aware by any other means that our discretion, investigate any "occurrence" and "bodily injury" or "property damage" has settle any claim or"suit"that may result. But: occurred or has begun to occur, (1) The amount we will pay for damages is limited d, Damages because of "bodily injury" include as described in Section III — Limits Of damages claimed by any person or organization for Insurance; and care, loss of services or death resulting at any time (2) Our right and duty to defend ends when we from the"bodily injury", have used up the applicable limit of insurance in e. Incidental Medical Malpractice the payment of judgments or settlements under Coverages A or B or medical expenses under (1) "Bodily injury" arising out of the rendering of or Coverage C. failure to render professional health care No other obligation or liability to pay sums or services as a physician, dentist, nurse, perform acts or services is covered unless explicitly emergency medical technician or paramedic shall be deemed to be caused by an provided for under Supplementary Payments — "occurrence", but only if. Coverages A and B. ( ) The physician, dentist, nurse, emergency b. This insurance applies to "bodily injury" and "property damage" only if- medical technician or paramedic is employed by you to provide such services; (1) The "bodily injury" or "property damage" is and caused by an "occurrence" that takes place in (b) You are not engaged in the business or the"coverage territory'% occupation of providing such services. HG 00 0106 05 Page 1 of 18 @ 2005 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (2) For the purpose of determining the limits of d. Workers'Compensation And Similar Laws insurance for incidental medical malpractice, Any obligation of the insured under a workers' any act or omission together with all related acts compensation, disability benefits or unemployment or omissions in the furnishing of these services compensation law or any similar law. to any one person will be considered one "occurrence"". e. Employer's Liability 2. Exclusions "Bodily injury"to: This insurance does not apply to: (1) An "employee" of the insured arising out of and in the course of: a. Expected Or Intended Injury (a) Employment by the insured; or "Bodily injury" or "property damage" expected or (b) Performing duties related to the conduct of intended from the standpoint of the insured. This the insured's business; or exclusion does not apply to "bodily injury," or "property damage" resulting from the use of (2) The spouse, child, parent, brother or sister of reasonable force to protect persons or property. that "employee" as a consequence of b. Contractual Liability Paragraph(1)above. "Bodily injury" or "property damage" for which the This exclusion applies: insured is obligated to pay damages by reason of (1) Whether the insured may be liable as an the assumption of liability in a contract or employer or in any other capacity; and agreement.This exclusion does not apply to liability (2) To any obligation to share damages with or for damages: repay someone else who must pay damages (1) That the insured would have In the absence of because of the injury, the contract or agreement;or This exclusion does not apply to liability assumed (2) Assumed in a contract or agreement that is an by the insured under an "Insured contract". "insured contract", provided the"bodily injury" or f, Pollution "property damage" occurs subsequent to the (1) "Bodily injury" or "property damage" arising out execution of the contract or agreement. Solely of the actual, alleged or threatened discharge, for the purposes of liability assumed in an "insured contract", reasonable attorney fees and dispersal, seepage, migration, release or necessary litigation expenses incurred by or for escape of"pollutants": a party other than an insured are deemed to be (a) At or from any premises, site or location damages because of"bodily injury" or "property which is or was at any time owned or damage", provided: occupied by, or rented or loaned to, any (a) Liability to such party for, or for the cost of, insured. However, this subparagraph does that party's defense has also been assumed not apply to: in the same"insured contract";and "Bodily injury" if sustained within a (b) Such attorney fees and litigation expenses building and caused by smoke, fumes, are for defense of that party against a civil or vapor or soot produced by or originating alternative dispute resolution proceeding in from equipment that is used to heat, cool which damages to which this insurance or dehumidify the building, or equipment applies are alleged. that is used to heat water for personal use, by the building's occupants or their c. Liquor Liability guests; "Bodily injury" or "property damage" for which any (U) "Bodily injury" or "property damage" for insured may be held liable by reason of: which you may be held liable, if you are a (1) Causing or contributing to the intoxication of any contractor and the owner or lessee of person; such premises, site or location has been (2) The furnishing of alcoholic beverages to a added to your policy as an additional person under the legal drinking age or under the insured with respect to your ongoing influence of alcohol; or operations performed for that additional insured at that premises, site or location (3) Any statute, ordinance or regulation relating to and such premises, site or location is not the sale, gift, distribution or use of alcoholic and never was owned or occupied by, or beverages. rented or loaned to, any insured, other This exclusion applies only if you are in the than that additional insured; or business of manufacturing, distributing, selling, serving or fum ishl ng alcoholic beverages Page 2 of 18 HG 00 01 06 05 (ill) "Bodily injury" or "property damage" (e) At or from any premises, site or location on arising out of heat, smoke or fumes from which any insured or any contractors or a"hostile fire"; subcontractors working directly or indirectly (b) At or from any premises, site or location on any insured's behalf are performing which is or was at any time used by or for operations if the operations are to test for, any insured or others for the handling, monitor, clean up, remove, contain, treat, storage, disposal, processing or treatment of detoxify or neutralize, or in any way respond waste; to, or assess the effects of, "pollutants", (c) Which are or were at any time transported, (2) Any loss, cost or expense arising out of any: handled, stored, treated, disposed of, or (a) Request, demand, order or statutory or processed as waste by or for: regulatory requirement that any insured or (i) Any insured; or others test for, monitor, clean up, remove, (ii) Any person or organization for whom you contain, treat, detoxify or neutralize, or in may be legally responsible-, any way respond to, or assess the effects of, "pollutants"; or (d) At or from any premises, site or location on (b) Claim or suit by or on behalf of a which any insured or any contractors or governmental authority for damages subcontractors working directly or indirectly because of testing for, monitoring, cleaning on any insured's behalf are perforrning up, removing, containing, treating, operations if the "pollutants" are brought on detoxifying or neutralizing, or in any way or to the premises, site or location in responding to, or assessing the effects of, connection with such operations by such Pipollutants", insured, contractor or subcontractor. However, this paragraph does not apply to However, this subparagraph does not apply to: liability for damages because of "property (i) "Bodily injury" or "property damage" damage" that the insured would have in the absence of such request, dernand, order or arising out of the escape of fuels, lubricants or other operating fluids which statutory or regulatory requirement, or such claim or"suit" by or on behalf of a governmental are needed to perform the normal authority. electrical, hydraulic or mechanical g. Aircraft,Auto Or Watercraft functions necessary for the operation of "mobile equipment' or its parts, if such "Bodily injury" or "property damage" arising out of fuels, lubricants or other operating fluids the ownership, maintenance, use or entrustment to escape from a vehicle part designed to others of any aircraft, "auto" or watercraft owned or hold, store or receive them. This operated by or rented or loaned to any insured. Use exception does not apply if the "bodily includes operation and "loading or unloading". injury"or"property darnage" arises out of This exclusion applies even if the claims against the intentional discharge, dispersal or any insured allege negligence or other wrongdoing release of the fuels, lubricants or other in the supervision, hiring, employment, training or operating fluids, or if such fuels, monitoring of others by that insured, if the lubricants or other operating fluids are "occurrence" which caused the "bodily injury" or brought on or to the promises, site or "property damage"' involved the ownership, location with the intent that they be maintenance, use or entrustment to others of any discharged, dispersed or released as part aircraft, "auto" or watercraft that is owned or of the operations being performed by operated by or rented or loaned to any insured. such insured, contractor or This exclusion does not apply to; subcontractor; (11) "Bodily injury" or "property damage"" (1) A watercraft while ashore on premises you own sustained within a building and caused or rent; by the release of gases,fumes or vapors (2) A watercraft you do not own that is: from materials brought into that building (a) Less than 51 feet long; and in connection with operations being (b) Not being used to carry persons for a performed by you or on your behalf by a charge; contractor or subcontractor;or (111) "'Bodily injury" or "property damage" (3) Parking an "auto" on, or on the ways next to, arising out of heat, smoke or fumes from premises you own or rent, provided the "auto" is a"hostile fire";or not owned by or rented or loaned to you or the insured-, H 06 05 Page 3 of 18 (4) Liability assumed under any "Insured contract" working directly or wndlrectly on your behalf are for the ownership, maintenance or use of performing operations, if the "property damage" aircraft or watercraft; arises out of those operations; or (5) "Bodily injury" or "property damage" arising out (6) That particular part of any property that must be of the operation of any of the equipment listed in restored, repaired or replaced because "your Paragraph f.(2) or f,(3) of the definition of work"was incorrectly performed on it. "mobile equipment",, or Paragraphs (1), (3) and (4) of this exclusion do not (6) An aircraft that is not owned by any insured and apply to "property damage" (other than damage by is hired, chartered or loaned with a paid crew. fire) to premises, including the contents of such However, this exception does not apply If the premises, rented to you for a period of 7 or fewer insured has any other insurance for such"bodily consecutive days. A separate limit of insurance injury' or "property damage", whether the other applies to Damage To Premises Rented To You as insurance is primary, excess, contingent or on described in Section III—Limits Of Insurance, any other basis. Paragraph(2) of this exclusion does not apply if the K Mobile Equipment premises are "your work"and were never occupied, "Bodily injury" or"property damage"arising out of: rented or held for rental by you. (1) The transportation of"mobile equipment" by an Paragraphs (3) and (4) of this exclusion do not "auto"owned or operated by or rented or loaned apply to "property damage" arising from the use of to any insured; or elevators. (2) The use of "mobile equipment" in, or while in Paragraphs (3),, (4), (5) and (6) of this exclusion do practice for, or while being prepared for, any not apply to liability assumed under a sidetrack prearranged racing, speed, demolition, or agreement. stunting activity. Paragraphs (3) and (4) of this exclusion do not I. War apply to "property damage" to borrowed equipment "Bodily injury" or "property damage", however while not being used to perform operations at the job site. caused,arising, directly or indirectly, out of: (1) War, including undeclared or civil war; Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- (2) Warlike action by a military force, including completed operations hazard". action in hindering or defending against an k. Damage To Your Product actual or expected attack, by any government, "Property damage"to"'your product" arising out of it sovereign or other authority using military or any p personnel or other agents,or art of it, (3) insurrection, rebellion, revolution, usurped 1. Damage To Your Work power, or action taken by governmental "Property damage" to"your work"arising out of it or authority in hindering or defending against any any part of it and included in the "products- of these. completed operations hazard". Damage To Prop" This exclusion does not apply if the damaged work "Property damage"to: or the work out of which the damage arises was (1) Property you own, rent, or occupy, including any performed on your behalf by a subcontractor. costs or expenses incurred by you, or any other m. Damage To Impaired Property Or Property Not person, organization or entity, for repair, Physically Injured replacement, enhancement, restoration or "Property damage" to "impaired property" or maintenance of such property for any reason, property that has not been physically injured, including prevention of injury to a person or arising out of: damage to another's property; (1) A defect, deficiency, inadequacy or dangerous (2) Premises you sell, give away or abandon, if the condition in "your product" or"your work"; or "property damage" arises out of any part of (2) A delay or failure by you or anyone acting on those premises; your behalf to perform a contract or agreement (3) Property loaned to you; in accordance with its terms. (4), Personal property in the care, custody or control This exclusion does not apply to the loss of use of of the insured; other property arising out of sudden and accidental (5) That particular part of real property on which physical injury to"your product"or"your work" after you or any contractors or subcontractors it has been put to its intended use. Page 4 of 18 HG,00 0106 05 n. Recall Of Products, Work Or Impaired kind to persons or property which would not Prop" have occurred in whole or in part but for the Damages claimed for any loss, cost or expense ""asbestos hazard", incurred by you or others for the loss of use, (b) Arise out of any request, demand, order or withdrawal, recall, inspection, repair, replacement, statutory or regulatory requirement that any adjustment, removal or disposal of, insured or others test for, monitor, clean up, (1) "Your product"% remove, encapsulate, contain, treat, detoxify (2) "Your work"; or or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; (3) "Impaired property"; or if such product, work, or property is withdrawn or (c) Arise out of any claim or suit for damages recalled from the market or from use by any person because of testing for, monitoring, cleaning or organization because of a known or suspected up, removing, encapsulating, containing, defect, deficiency, inadequacy or dangerous treating, detoxifying or neutralizing or in any condition in it. way responding to or assessing the effects o. Personal And Advertising Injury of an "asbestos hazard". "Bodily injury" arising out of "personal and Damage To Premises Rented To You — Exception advertising injury". For Damage By Fire, Lightning Or Explosion p. Electronic Data Exclusions c. through h. and j. through n. do not apply Damages arising out of the loss of, loss of use of, to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with damage to, corruption of, inability to access, or permission of the owner. A separate limit of insurance inability to manipulate electronic data. applies to this coverage as described in Section III — As used in this exclusion, electronic data means Limits Of Insurance. information, facts or programs stored as or on, COVERAGE B PERSONAL AND ADVERTISING created or used on, or transmitted to or from INJURY LIABILITY computer software, including systems and applications software, hard or floppy disks, CD- 1. Insuring Agreement ROMS, tapes, drives, cells, data processing a. We will pay those sums that the insured becomes devices or any other media which are used with legally obligated to pay as damages because of electronically controlled equipment. ""personal and advertising injury" to which this q. Employment-Related Practices insurance applies. We will have the right and duty "Bodily injury"to: to defend the insured against any "suit" seeking those damages. However, we will have no duty to (1) A person arising out of any "employment— defend the insured against any ""suit`" seeking related practices"; or damages for "personal and advertising injury" to (2) The spouse, child, parent, brother or sister of which this insurance does not apply. We may, at that person as a consequence of "bodily injury" our discretion, Investigate any offense and settle to that person at whom any "employment- any claim or"suit"that may result- But: related practices"are directed. (1) The amount we will pay for damages is limited This exclusion applies: as described in Section III — Limits Of (1) Whether the insured may be liable as an Insurance; and employer or in any other capacity; and (2) Our right and duty to defend end when we have (2) To any obligation to share damages with or used up the applicable limit of insurance in the repay someone else who must pay damages payment of judgments or settlements under because of the injury, Coverages A or B or medical expenses under Coverage C. r. Asbestos No other obligation or liability to pay sums or (1) "Bodily injury" or "property damage" arising out perform acts or services is covered unless explicitly of the"asbestos hazard". provided for under Supplementary Payments — (2) Any damages, judgments, settlements, loss, Coverages A and B. costs or expenses that: b. This insurance applies to "personal and advertising (a) May be awarded or incurred by reason of injury" caused by an offense arising out of your any claim or suit alleging actual or business but only if the offense was committed in threatened injury or damage of any nature or the"coverage territory" during the policy period. HG 00 01 06 05 Page 5 of 18 2. Exclusions (2) Slogan, unless the slogan is also a trademark, This insurance does not apply to: trade name, service mark or other designation a. Knowing Violation Of Rights Of Another of origin or authenticity, or "Personal and advertising injury" arising out of an (3) Title of any literary or artistic work. offense committed by, at the direction or with the Insureds In Media And Internet Type consent or acquiescence of the insured with the Businesses expectation of inflicting "personal and advertising "Personal and advertising injury" committed by an injury". insured whose business is: Is. Material Published With Knowledge Of Falsity (1) Advertising, broadcasting, publishing or "'Personal and advertising injury" arising out of oral, telecasting; written or electronic publication of material, if done 1(2) Designing or determining content of web sites by or at the direction of the insured with knowledge for others; or of its falsity. (3) An Internet search, access, content or service c. Material Published Prior To Policy Period provider. "Personal and advertising injury"arising out of oral, However, this exclusion does not apply to written or electronic publication of material whose Paragraphs 17.a., b. and c. of "personal and first publication took place before the beginning of advertising injury" under the Definitions Section. the policy period. For the purposes of this exclusion, placing an d. Criminal Acts "advertisement"for or linking to others on your web "Personal and advertising injury" arising out of a site, by itself, is not considered the business of criminal act committed by or at the direction of the advertising, broadcasting, publishing or telecasting, insured. k. Electronic Chatrooms Or Bulletin Boards e. Contractual Liability "'Personal and advertising injury" arising out of an "Personal and advertising injury" for which the electronic chatroorn or bulletin board the insured insured has assumed liability in a contract or hosts, owns, or over which the insured exercises agreement. This exclusion does not apply to liability control, for damages that the insured would have in the l® Unauthorized Use Of Another's are Or absence of the contract or agreement, Product f. Breach Of Contract "Personal and advertising injury" arising out of the "Personal and advertising injury" arising out of a unauthorized use of another's name or product in breach of contract, except an implied contract to use your e-mail address, domain name or metatags, or another's"advertising idea"in your"advertisement". any other similar tactics to mislead another's 9. Quality Or Performance Of Goods — Failure To potential customers. Conform To Statements m. Pollution "Personal and advertising injury" arising out of the "Personal and advertising Injury" arising out of the failure of goods, products or services to conform actual, alleged or threatened discharge, dispersal, with any statement of quality or performance made seepage, migration, release or escape of in your"advertisement", ""pollutants""at any time, h. 'Wrong Description Of Prices n. Pollution-Related "Personal and advertising injury" arising out of the Any loss,cost or expense arising out of any: wrong description of the price of goods, products or (1) Request, demand, order or statutory or services, regulatory requirement that any insured or 1. Infringement Of Intellectual Property Rights others test for, monitor, clean up, remove, "Personal and advertising injury" arising out of any contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, violation of any intellectual property rights such as ttipollutants", or copyright, patent, trademark, trade name, trade (2) Claim or suit by or on behalf of a governmental ,secret, service mark or other designation of origin authority for damages because of testing for, or authenticity. monitoring, cleaning up, removing, containing, However, this exclusion does not apply to treating, detoxifying or neutralizing, or in any infringement, in your"advertisement",of: way responding to, or assessing the effects of, (1) Copyright; 1'pollutants", Page 6 of 18 HG 00 01 06 05 o. War j2) The spouse, child, parent, brother or sister of "Personal and advertising injury", however caused, that person as a consequence of "personal and arising, directly or indirectly, out of: advertising injury" to that person at whom any (1) War, including undeclared or civil war, "employment-related practices"are directed. (2) Warlike action by a military force, including This exclusion applies: action in hindering or defending against an (!) Whether the insured may be liable as an actual or expected attack, by any government, employer or in any other capacity; and sovereign or other authority using military (2) To any obligation to share damages with or personnel or other agents,or repay someone else who must pay damages (3) Insurrection, rebellion, revolution, usurped power, because of the injury. or action taken by governmental authority in v. Asbestos hindering or defending against any of these. (1) "Personal and advertising injury" arising out of p. Internet Advertisements And Content Of Others the "asbestos hazard". "Personal and advertising injury"arising out of: (2) Any damages, judgments, settlements, loss, (1) An "advertisement"for others on your web site; costs or expenses that, (2) Placing a link to a web site of others on your (a) May be awarded or incurred by reason of web site: any claim or suit alleging actual or (3) Content, including information, sounds, text, threatened injury or damage of any nature or graphics, or images from a web site of others kind to persons or property which would not have occurred in whole or in part but for the displayed within a frame or border on your web "asbestos hazard"; site; or (b) Arise out of any request, demand, order or (4) Computer code, software or programming used statutory or regulatory requirement that any to enable: insured or others test for, monitor, clean up, (a) Your web site; or remove, encapsulate, contain, treat, detoxify (b) The presentation or functionality of an or neutralize or in any way respond to or "advertisernent" or other content an your assess the effects of an "asbestos hazard"; web site. or q. Right Of Privacy Created By Statute (c) Arise out of any claim or suit for damages "Personal and advertising injury" arising out of the because of testing for, monitoring, cleaning violation of a person's right of privacy created by up, removing, encapsulating, containing, any state or federal act. treating, detoxifying or neutralizing or in any way responding to or assessing the effects However, this exclusion does not apply to liability of an"asbestos hazard". for damages that the insured would have in the COVERAGE C MEDICAL PAYMENTS absence of such state or federal act. r. Violation Of Anti-Trust law 1. Insuring Agreement "Personal and advertising injury" arising out of a a. We will pay medical expenses as described below violation of any anti-trust law. for"bodily injury"caused by an accident, s. Securities (1,) On premises you own or rent; "Personal and advertising injury" arising out of the (2) On ways next to premises you own or rent; or fluctuation in price or value of any stocks, bonds or (3) Because of your operations; other securities. provided that: I. Discrimination Or Humiliation (1) The accident takes place in the "coverage "Personal and advertising injury" arising out of territory"and during the policy period; discrimination or humiliation committed by or at the (2) The expenses are incurred and reported to us direction of any "executive officer", director, within three years of the date of the accident; stockholder, partner or member of the insured. and u. Employment-Related Practices (3) The injured person submits to examination, at "Personal and advertising injury"to: our expense, by physicians of our choice as (1) A person arising out of any "employment— often as we reasonably require. related practices'% or HG 00 01 O6 05 Page 7 of 10 b. We will make these payments regardless of fault. e. All costs taxed against the insured In the "suit". These payments will not exceed the applicable limit f. Prejudgment interest awarded against the insured of insurance.We will pay reasonable expenses for: on that part of the judgment we pay. if we make an (1) First aid administered at the time of an accident; offer to pay the applicable limit of insurance, we will (2) Necessary medical, surgical, x-ray and dental not pay any prejudgment interest based on that services, including prosthetic devices; and period of time after the offer. (3) Necessary ambulance, hospital, professional g. All interest on the full amount of any judgment that nursing and funeral services. accrues after entry of the judgment and before we 2. Exclusions have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable We will not pay expenses for"bodily injury": limit of insurance. a. Any Insured These payments will not reduce the limits of insurance. To any insured,except"volunteer workers". 2. If we defend an insured against a "suit" and an b. Hired Per-son indemnitee of the insured is also named as a party to To a person hired to do work for or on behalf of any the "suit', we will defend that indemnitee if all of the insured or a tenant of any insured. following conditions are met-. 0. Injury On Normally Occupied Promises a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of To a person injured on that part of premises you the indemnitee in a contract or agreement that is an own or rent that the person nonnally occupies. "Insured contract"; d. Workers Compensation And Similar Laws b. This insurance applies to such liability assumed by To a person, whether or not an "employee" of any the insured-, insured, if benefits for the "bodily injury" are payable c. The obligation to defend, or the cost of the defense or must be provided under a workers' compensation of, that indemnitee, has also been assumed by the or disability benefits law or a similar law, insured in the same "insured contract"; e. Athletics Activities cl, The allegations in the "suit" and the information we To a person injured while practicing, instructing or know about the "occurrence" are such that no participating in any physical exercises or games, conflict appears to exist between the interests of sports, or athletic contests. the insured and the interests of the indemnitee; C Products Completed Operations Hazard a. The indemnitee and the insured ask us to conduct Included within the "products-completed operations and control the defense of that indemnitee against hazard". such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; g. Coverage A Exclusions and Excluded under Coverage A. f. The indemnitee: SUPPLEMENTARY PAYMENTS — COVERAGES (1) Agrees in writing to: A AND B (a) Cooperate with us in the investigation, I We will pay, with respect to any claim we investigate or settlement or defense of the"suit"; settle, or any"suit'against an insured we defend: (b) Immediately send its copies of any a. All expenses we incur. demands, notices, summonses or legal b. Up to $1,000 for cost of bail bonds required papers received in connection with the "suit"; because of accidents or traffic law violations arising (c) Notify any other insurer whose coverage is out of the use of any vehicle to which the Bodily available to the indemnitee; and Injury Liability Coverage applies, We do not have (d) Cooperate with us with, respect to to furnish these bonds, coordinating other applicable insurance c. The cost of appeal bonds or bonds to release available to the indemnitee; and attachments, but only for bond amounts within the (2) Provides us with written authorization to: applicable limit of insurance. We do not have to furnish these bonds, (a) Obtain records and other information related dl. All reasonable expenses incurred by the insured at to the "suit": and our request to assist us in the investigation or jb) Conduct and control the defense of the defense of the claim or "suit", including actual loss indemnitee in such"suit". of earnings up to $500 a day because of time off So long as the above conditions are met, attorneys' from work. fees incurred by us in the defense of that indemnitee, Page 8 of 1S HG 00 01 06 05 necessary litigation expenses incurred by us and However, none of these "employees" or "volunteer necessary lifigation expenses incurred by the workers"are insureds for: indemnitee at our request will be paid as (1) "Bodily injury" or "personal and advertising Supplementary Payments. Notwithstanding the injury": provisions of Paragraph 2.b.(2) of Section I — (a) To you, to your partners or members (if you Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be are a partnership or joint venture), to your members �if you are a limited liability damages for"bodily injury"and"property damage" and company), to a co-"employee" while in the will not reduce the limits of insurance. course of his or her employment or Our obligation to defend an insured's indemnitee and performing duties related to the conduct of to pay for attorneys' fees and necessary litigation your business, or to your other "volunteer expenses as Supplementary Payments ends when: workers" while performing duties related to a. We have used up the applicable limit of insurance the conduct of your business; in the payment of judgments or settlements', or (b) To the spouse, child, parent, brother or sister b. The conditions set forth above, or the terms of the of that co-"employee" or that "volunteer agreement described in Paragraph f. above, are no worker' as a consequence of Paragraph longer met, (1)(a) above; SECTION 11—WHO,IS AN INSURED (c) For which there is any obligation to share 1. If you are designated in the Declarations as: damages with or repay someone else who a. An individual, you and your spouse are insureds, must pay damages because of the injury but only with respect to the conduct of a business described in Paragraphs (1)(a) or(b) above; of which you are the sole owner, or b. A partnership or joint venture, you are an insured. (d) Arising out of his or her providing or failing to Your members, your partners, and their spouses provide professional health care services. are also insureds, but only with respect to the If you are not in the business of providing conduct of your business. professional health care services, Paragraph(d) C. A limited liability company, you are an insured. does not apply to any nurse, emergency medical technician or paramedic employed by Your members are also insureds, but only with you to provide such services. respect to the conduct of your business. Your (2) "Property damage"to property: managers are insureds, but only with respect to their duties as your managers. (a) Owned, occupied or used by, d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control of, venture or limited liability company, you are an or over which physical control is being insured. Your"executive officers" and directors are exercised for any purpose by insureds, but only with respect to their duties asyou, any Of Your "employees", "volunteer your officers or directors. Your stockholders are workers", any partner or member (if you are a also insureds, but only with respect to their liability partnership or joint venture), or any member (if as stockholders. you are a limited liability company). e. A trust, you are an insured. Your trustees are also b. Real Estate Manager insureds, but only with respect to their duties as trustees. Any person (other than your "employee" or "volunteer worker"), or any organization while 2. Each of the following is also an insured- acting as your real estate manager. a. Employees and Volunteer workers c. Temporary Custodians of Your Property Your "'volunteer workers" only while performing Any person or organization having proper duties related to the conduct of your business, or temporary custody of your property if you die, but your"employees", other than either your"executive only: officers" (if you are an organization other than a (1) With respect to liability arising out of the partnership, joint venture or limited liability company) or your managers (if you are a limited maintenance or use of that property; and liability company), but only for acts within the scope (2) Until your legal representative has been of their employment by you or while performing appointed. duties related to the conduct of your business, cl„ Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will H 0 01 06 05 Page 9 of 1s have all your rights and duties under this Coverage 5. Nonowned Watercraft Part. With respect to watercraft you do not own that is less e. Unnamed Subsidiary than 51 feet long and is not being used to carry Any subsidiary, and subsidiary thereof, of yours persons for a charge, any person is an insured while which is a legally incorporated entity of which you operating such watercraft with your permission. Any own a financial interest of more than 50% of the other person or organization responsible for the voting stock on the effective date of the Coverage conduct of such person is also an insured, but only Part. with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any The insurance afforded herein for any subsidiary kind is available to that person or organization for this not named in this Coverage Part as a named liability. insured does not apply to injury or damage with respect to, which an insured under this Coverage However, no person or organization is an insured with Part is also an insured under another policy or respect to: would be an insured under such policy but for its ai. "Bodily injury" to a co-"employee" of the person termination or the exhaustion of its limits of operating the watercraft; or insurance. b. "Property damage"to property owned by, rented to, 3. Newly Acquired or Formed Organization in the charge of or occupied by you or the employer Any organization you newly acquire or form, other than of any person who is an insured under this a partnership, joint venture or limited liability company, provision. and over which you maintain financial interest of more 6. Additional Insureds When Required By Written than 50% of the voting stock, will qualify as a Named Contract,Written Agreement Or Permit Insured if there is no other similar insurance available The following person(s) or organization(s) are an to that organization. However: additional insured when you have agreed, in a written a. Coverage under this provision is afforded only until contract, written agreement or because of a permit the 180th day after you acquire or form the issued by a state or political subdivision, that such organization or the end of the policy period, person or organization be added as an additional whichever is earlier; insured on your policy, provided the 'injury or damage 1). Coverage A does not apply to "bodily injury" or occurs subsequent to the execution of the contract or "property damage" that occurred before you agreement. acquired orformed the organization; and A person or organization is an additional insured under c. Coverage B does not apply to "personal and this provision only for that period of time required by advertising injury" arising out of an offense the contract or agreement. committed before you acquired or formed the However, no such person or organization is an insured organization. under this provision if such person or organization is 4, Mobile Equipment included as an insured by an endorsement issued by With respect to "mobile equipment" registered in your us and made a part of this Coverage Part. name under any motor vehicle registration law, any a. Vendors person is an insured while driving such equipment Any person(s) or organization(s) (referred to below along a public highway with your permission.Any other as vendor), but only with respect to "bodily injury" person or organization responsible for the conduct of or"property damage" arising out of"your products" such person is also an insured, but only with respect to which are distributed or sold in the regular course liability arising out of the operation of the equipment, of the vendor's business and only if this Coverage and only if no other insurance of any kind is available Part provides coverage for "bodily injury" or to that person or organization for this liability. However, "property damage" included within the "products- no person or organization is an insured with respect to: completed operations hazard", a. "Bodily injury" to a co-"employee" of the person (1) The insurance afforded the vendor is subject to driving the equipment;or the following additional exclusions: br "Property damage"to property owned by, rented to, This insurance does not apply to: in the charge of or occupied by you or the employer (a) "Bodily injury" or "property damage" for of any person who is an insured under this which the vendor is obligated to pay provision. damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement: Page 18 of 18 IIG go 0106 88 (b) Any express warranty unauthorized by you,, c. Lessors of Land or Premises (c) Any physical or chemical change in the Any person or organization from whom you lease product made intentionally by the vendor; land or premises, but only with respect to liability (d) Repackaging, except when unpacked solely arising out of the ownership, maintenance or use of for the purpose of inspection, demonstration, that part of the land or premises leased to you, testing, or the substitution of parts under With respect to the insurance afforded these instructions from the manufacturer, and then additional insureds the following additional repackaged in the original container; exclusions apply: (e) Any failure, to make such inspections, This insurance does not apply to, adjustments, tests or servicing as the vendor 1. Any "occurrence" which takes place after you has agreed to make or normally undertakes cease to lease that land;or to make in the usual course of business, in 2Structural alterations, new construction or connection with the distribution or sale of the . demolition operations performed by or on behalf products� of such person or organization. (f) Demonstration, installation, servicing or d' Architects, Engineers or Surveyors repair operations, except such operations performed at the vendor's premises in Any architect, engineer, or surveyor, but only with connection with the sale of the product, respect to liability for "bodily injury", "property (g) Products which, after distribution or sale by damage" or "personal and advertising injury" you, have been labeled or relabeled or used caused, in whole or in part, by your acts or as a container, part or ingredient of any omissions or the acts or omissions of those acting other thing or substance by or for the on your behalf: vendor; or (1) In connection with your premises-, or (h) "Bodily injury" or "property damage" arising (2) In the performance of your ongoing operations out of the sole negligence of the vendor for performed by you or on your behalf, its own acts or omissions or those of its With respect to the insurance afforded these employees or anyone else acting on its additional insureds, the following additional behalf, However, this exclusion does not exclusion applies: apply to: This insurance does not apply to "bodily injury", (i)The exceptions contained in Sub- "property damage" or "personal and advertising paragraphs(d)or(f);or injury" arising out of the rendering of or the failure (11) Such inspections, adjustments, tests or to render any professional services by or for you, servicing as the vendor has agreed to including, make or normally undertakes to make in 1§ The preparing, approving, or failing to prepare the usual course of business, in or approve, maps, shop drawings, opinions, connection with the distribution or sale of reports, surveys, field orders, change orders or the products. drawings and specifications, or (2) This insurance does not apply to any insured 2. Supervisory, inspection, architectural or person or organization, from whom you have engineering activities, acquired such products, or any ingredient, part ePermits Issued By State Or Political or container, entering into, accompanying o .r Subdivisions containing such products. Any state or political subdivision, but only with b. Lessors of Equipment respect to operations performed by you or on your (1) Any person or organization from whom you behalf for which the state or political subdivision lease equipment-, but only with respect to their has issued a permit. liability for "bodily injury", "property damage" or With respect to the insurance afforded these "personal and advertising 'injury' caused, in additional insureds, this insurance does not apply whole or in part, by your maintenance, operation to: or use of equipment leased to you by such person or organization. (1) "Bodily injury", "property damage" or "personal (2) With respect to the insurance afforded to these and advertising injury" arising out of operations additional insureds this insurance does not performed for the state or municipality,or apply to any "occurrence" which takes place (2) "Bodily injury"' or "property damage" included after the equipment lease expires. within the "'products-completed operations hazard", HG DO 0106 05 Page 11 of 1S f, Any Other Party c. Persons or organlzations making claims or bringing Any other person or organization who is not an "suits"". insured under Paragraphs a, through e. above, but 2. General Aggregate Limit only with respect to liability for "bodily injury", The General Aggregate Limit is the most we will pay "property damage" or "personal and advertising for the sum of; injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting a. Medical expenses under Coverage C; on your behalf: b. Damages under Coverage A, except damages (1) In the performance of your ongoing operations; because of "bodily injury" or "property damage" (2) In connection with your premises owned by or included in, the "products-completed operations hazard": and rented to you;or (3) In connection with "your work" and included c. Damages under Coverage B. within the "products-completed operations 3. Products-Completed Operations Aggregate Limit hazard", but only if The Products-Completed Operations Aggregate Limit (a) The written contract or agreement requires is the most we will pay under Coverage A for damages you to provide such coverage to such because of "bodily injury" and "property damage" additional insured; and included in the "products-completed operations (b) This Coverage Part provides coverage for hazard". "bodily injury" or"property damage" included 4. Personal and Advertising Injury Limit within the "products-completed operations Subject to 2. above, the Personal and Advertising hazard". Injury Limit is the most we will pay under Coverage B With respect to the insurance afforded to these for the sum of all damages because of all "personal additional insureds, this insurance does not apply and advertising injury" sustained by any one person or to: organization. "Bodily injury", "property damage" or"personal and 5. Each Occurrence Limit advertising injury" arising out of the rendering of, or Subject to 2. or 3. above, whichever applies, the Each the failure to render, any professional architectural, Occurrence Limit is the most we will pay for the sum engineering or surveying services, including: of (1) The preparing, approving, or failing to prepare a. Damages under Coverage A; and or approve, maps, shop drawings, opinions, b. Medical expenses under Coverage C reports, surveys, field orders, change orders or because of all "bodily injury" and "property damage" drawings and specifications; or arising out of any one"occurrence". (2) Supervisory, inspection, architectural or & Damage To Premises Rented To You Limit engineering activities. Subject to 5. above, the Damage To Premises Rented The limits of insurance that apply to additional insureds To You Limit is the most we will pay under Coverage A under this provision is described in Section III — Limits for damages because of"property damage"to any one Of Insurance, premises, while rented to you, of in the case of How this insurance applies when other insurance is damage by fire, lightning or explosion, while rented to available to the additional insured is described in the you or temporarily occupied by you with permission of Other Insurance Condition in Section IV—Commercial the owner. General Liability Conditions, In the case of damage by fire, lightning or explosion, No person or organization is an insured with respect to the the Damage to Premises Rented To You Limit applies conduct of any current or past partnership,joint venture or to all damage proximately caused by the same event, limited liability company that is not shown as a Named whether such damage results from fire, lightning or Insured in the Declarations, explosion or any combination of these. SECTION III—LIMITS OF INSURANCE 1. The Most We will pay. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the The Limits of Insurance shown in the Declarations and most we will pay under Coverage C for all medical the rules below fix the most we will pay regardless of expenses because of "bodily injury" sustained by any the number of- one person. a. Insureds; 8. How LimitsApply To Additional Insureds b. Claims made or"suits'brought, or If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 65 added as an additional insured on your policy, the (3) Cooperate with us in the investigation or most we will pay on behalf of such additional insured is settlement of the claim or defense against the the lesser of: "suit"; and a. The limits of insurance specified in the written (4) Assist us, upon our request, in the enforcement of contract or written agreement, or any right against any person or organization which b. The Limits of Insurance shown in the Declarations, may be liable to the insured because of injury or Such arnount shall be a part of and not in addition to damage to which this insurance may also apply. Limits of Insurance shown in the Declarations and cl= Obligations At The Insureds Own Cost described in this Section. No insured will, except at that insured's own cost, The Limits of Insurance of this Coverage Part apply voluntarily make a payment, assume any separately to each consecutive annual period and to any obligation, or incur any expense, other than for first remaining period of less than 12 months, starting with the aid, without our consent, beginning of the policy period shown in the Declarations, e. Additional Insureds Other Insurance unless the policy period is extended after issuance for an If we cover a claim or "suit" under this Coverage additional period of less than 12 months. In that case, the Part that may also be covered by other insurance additional period will be deemed part of the last preceding available to an additional insured, such additional period for purposes of determining the Limits of Insurance. insured must submit such claim or "suit"" to the SECTION IV — COMMERCIAL GENERAL LIABILITY other insurer for defense and 'indemnity. CONDITIONS However, this provision does not apply to the 'I, Bankruptcy extent that you have agreed in a written contract or Bankruptcy or insolvency of the insured or of the written agreement that this insurance is primary insured's estate will not relieve us of our obligations and non-contributory with the additional insured's under this Coverage Part. own insurance. 2. Duties In The Event Of Occurrence, Offense, Claim f. Knowledge Of An Occurrence, Offense, Claim Cr Suit Or Suit a. Notice Of Occurrence Cr Offense Paragraphs a. and b. apply to you or to any You or any additional insured must see to it that we additional insured only when such "occurrence", are notified as soon as practicable of an offense, claim or"suit"is known to: "occurrence"" or an offense which may result in a (1) You or any additional insured that is an claim.To the extent possible, notice should include: individual; (1) How, when and where the "occurrence" or (2) Any partner,, if you or an additional insured is a offense took place; partnership; (2) The names and addresses of any injured (3) Any manager, if you or an additional insured is a persons and witnesses;and limited liability company: (3) The nature and location of any injury or damage (4) Any "executive officer" or insurance manager, if arising out of the"occurrence"or offense. you or an additional insured is a corporation; b. Notice Of Claim (5) Any-trustee, if you or an additional insured is a If a claim is made or "suit" is brought against any trust, or insured,you or any additional insured must: j Any elected or appointed official, if you or an (1) immediately record the specifics of the claim or additional insured is a political subdivision or "suit" and the date received; and public entity. (2) Notify us as soon as practicable. This duty applies separately to you and any additional Insured. You or any additional insured must see to it that we 3. Legal Action Against Us receive written notice of the claim or"suit" as soon as practicable. No person or organization has a right under this c. Assistance And Cooperation Of The Insured Coverage Part- a. To join us as a party or otherwise bring us into a You and any other involved insured must: "suit"asking for damages from an insured,or (1) Immediately send us copies of any demands, b. To sue us on this Coverage Part unless all of its notices, summonses or legal papers received in terms have been fully compiled with, connection with the claim or"'suit'"; A person or organization may sue us to recover on an (2) Authorize us to obtain records and other agreed settlement or on a final judgment against an information: insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or HG 00 01 06 05 Page 13 of 18 that are in excess of the applicable limit of insurance. (7) When You Add Others As An Additional An agreed settlement means a settlement and release Insured To This Insurance of liability signed by us, the insured and the claimant or Any other insurance available to an additional the claimant's legal representative. insured. 4. Other Insurance However, the following provisions apply to other If other valid and collectible insurance is available to insurance available to any person or the insured for a loss we cover under Coverages A or organization who is an additional insured under B of this Coverage Part, our obligations are limited as this coverage part. follows: (a) Primary Insurance When Required By a. Primary Insurance Contract This insurance is primary except when b. below This insurance is primary if you have agreed applies. If other insurance is also primary, we will in a written contract or written agreement share with all that other insurance by the method that this insurance be primary, If other described in c, below. insurance is also primary, we will share with b� Excess Insurance all that other insurance by the method This insurance is excess over any of the other described in c,, below, insurance, whether primary, excess, contingent or (b) Primary And: Non-Contributory To Other on any other basis,- Insurance When Required By Contract (1) YourWork If you have agreed in a written contract, written agreement, or permit that this That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your insurance is primary and non-contributory work"; with the additional insured's own insurance, this insurance is primary and we will not (2) Premises Rented To You seek contribution from, that other insurance. That is fire, lightning or explosion insurance for Paragraphs (a) and (b) do not apply to other premises rented to you or temporarily occupied insurance to which the additional insured has by you with permission of the owner; been added as an additional insured. ( ) "tenant Liability When this insurance is excess, we will have no That is insurance purchased by you to cover duty Linder Coverages A or B to defend the Insured your liability as a tenant for "property damage" against any "suit" if any other insurer has a duty to to premises rented to you or temporarily defend the insured against that ""suit". If no other occupied by you with permission of the owner; insurer defends, we will undertake to do so, but we (4) Aircraft,Auto Cr Watercraft will be entitled to the insureds rights against all 11 those other insurers, If the loss arises out of the maintenance or use When this insurance is excess over other of aircraft, "autos"or watercraft to the extent not insurance, we will pay only our share of the amount subject to Exclusion 9. of Section I —Coverage of the loss, if any,that exceeds the sum of: A—Bodily Injury And Property Damage Liability; (1) The total amount that all such other insurance (5) Property Damage to Borrowed Equipment Or would pay for the loss in the absence of this Use Of Elevators insurance; and If the loss arises out of "property damage" to (2) The total of all deductible and self-insured borrowed equipment or the use of elevators to amounts under all that other insurance. the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property We will share the remaining loss, if any, with any Damage Liability; other insurance that is not described in this Excess (6) When You Are Added As An Additional Insurance provision and was not bought specifically Insured To Other Insurance to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Any other insurance available to you covering c. Method Of Sharing liability for damages arising out of the premises If all of the other insurance permits contribution by or operations, or products and completed equal shares, we will follow this method also. Under operations, for which you have been added as this approach each insurer contributes equal an additional insured by that insurance; or amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first, Page 14 of 18 HG 00 01 06 05 if any of the other insurance does not permit insured will bring "suit" or transfer those rights to us contribution by equal shares, we will contribute by and help us enforce them. limits. Under this method, each insurers share is b. Waiver Of Rights Of Recovery (Waiver Of based on the ratio of its applicable limit of Subrogation) insurance to the total applicable limits of insurance of all insurers. If the insured has waived any rights of recovery 5. Premium Audit against any person or organization for all or part of any payment, including Supplementary Payments, a. We will compute all premiums for this Coverage we have made under this Coverage Part, we also Part in accordance with our rules and rates. waive that right, provided the insured waived their b. Premium shown in this Coverage Part as advance rights of recovery against such person or premium is a deposit premium only. At the close of organization in a contract, agreement or permit that each audit period we will compute the earned was executed prior to the injury or damage. premium for that period and send notice to the first 9. When We Do Not Renew Named Insured. The due date for audit and If we decide not to renew this Coverage Part, we will retrospective premiums is the date shown as the mail or deliver to the first Named Insured shown in the due date on the bill. If the sum of the advance and Declarations written notice of the nonrenewal not less audit premiums paid for the policy period is greater than 30 days before the expiration date. than the earned premium, we will return the excess to the first Named Insured. If notice is mailed, proof of mailing will be sufficient c. The first Named Insured must keep records of the proof of notice. information we need for premium computation, and SECTION V—DEFINITIONS send us copies at such times as we may request. 1. "Advertisernent" means the widespread public 6. Representations dissemination of information or images that has the a. When You Accept'This Policy purpose of inducing the sale of goods, products or services through: By accepting this policy, you agree: a. (1) Radio; (1) The statements in the Declarations are accurate (2), Television; and complete; (3) Billboard; (2) Those statements are based upon (4) Magazine; representations you made to us; and (3) We have issued this policy in reliance upon your (5) Newspaper;or representations. b. Any other publication that is given widespread b. Unintentional Failure To Disclose Hazards public distribution, If unintentionally you should fail to disclose all However, ",advertisement"does not include: hazards relating to the conduct of your business a. The design, printed material, infon-nation or images that exist at the inception date of this Coverage contained in, on or upon the packaging or labeling Part, we shall not deny coverage under this of any goods or products;or Coverage Part because of such failure. b. An interactive conversation between or among 7Separation Of Insureds persons through a computer network. Except with respect to the Limits of Insurance,and arty 2. "Advertising idea" means any idea for an rights or duties specifically assigned in this Coverage ""advertisement'". Part to the first Named Insured, this insurance applies- 3. "Asbestos hazard" means an exposure or threat of a. As if each Named Insured were the only Named exposure to the actual or alleged properties of Insured; and asbestos and includes the mere presence of asbestos b. Separately to each insured against whom claim is in any fonn, made or"suit"is brought. 4. "Auto"means a land motor vehicle, trailer or semitrailer 8. Transfer Of Rights Of Recovery Against Others To designed for travel on public roads, including any Us attached machinery or equipment. But "auto" does not a. Transfer of Rights Of Recovery include"mobile equipment". If the insured has rights to recover all or part of any. 5. "Bodily injury" means physical., payment, including Supplementary Payments, we a, Injury; have made under this Coverage Part, those rights b. Sickness;or are transferred to us. The insured must do nothing c, Disease after loss to impair them. At our request. the sustained by a person and, if arising out of the above, mental anguish or death at any time. HG DO 01 46 05 Page 15 of 18 6. "Coverage territory" means: rented to you or temporarily occupied by you with a. The United States of America (including its territories permission of the owner is subject to the Damage and possessions),Puerto Rico and Canada; to Premises Rented To You Limit described in b,. International waters or airspace, but only If the Section III —Limits of Insurance; injury or damage occurs in the course of travel or b. A sidetrack agreement; transportation between any places included in a. c, Any easement or license agreement, including an above', or easement or license agreement in connection with c. All other parts of the world if the injury or damage construction or demolition operations on or within arises out of: 50 feet of a railroad; (1) Goods or products made or sold by you in the d. An obligation, as required by ordinance, to territory described in a.above; indemnify a municipality, except in connection with (2) The activities of a person whose home is In the work for a municipality; territory described in a. above, but is away for a e. An elevator maintenance agreement; short time on your business;or f. That part of any other contract or agreement (3) "Personal and advertising injury" offenses that pertaining to your business (including an take place through the Internet or similar indemnification of a municipality in connection with electronic means of communication work performed for a municipality) under which you provided the insured's responsibility to pay damages is assume the tort liability of another party to pay for determined in the United States of America (including its "bodily injury" or "property damage" to a third territories and possessions), Puerto Rico or Canada, in a person or organization, provided the "bodily Injury" "suit" on the merits according to the substantive law in or"property damage" is caused, in whole or in part, such territory or in a settlement we agree to. by you or by those acting on your behalf. Tort liability means a liability that would be imposed by 7. "Employee" includes a "leased worker". "Employee" law in the absence of any contract or agreement, does not include a "temporary worker". Paragraph f. includes that part of any contract or 8. "Employment-Related Practices"means: agreement that indemnifies a railroad for "bodily a. Refusal to employ a person; injury" or "property damage" arising out of b. Termination of a person's employment;or construction or demolition operations,within 50 feet of any railroad property and affecting any railroad c. Employment-related practices, policies, acts or bridge or trestle, tracks, road-beds, tunnel, omissions, such as coercion, demotion, evaluation, underpass or crossing. reassignment, discipline, defamation, harassment, However, Paragraph f.does not include that part of humiliation or discrimination directed at a person. any contract or agreement: 9. "Executive officer" means a person holding any of the (1) That indemnifies an architect, engineer or officer positions created by your charter, constitution, surveyor for injury or damage arising out of: by-laws or any other similar governing document. (a) Preparing, approving, or failing to prepare or 10."Hostile fire"means one which becomes uncontrollable approve, maps, shop drawings, opinions, or breaks out fro where it was intended to be. reports, surveys, field orders, change orders 11,"Impaired property" means tangible property, other or drawings and specifications; or than"your product"or"your work", that cannot be used (b) Giving directions or instructions, or failing to or is less useful because. give them, if that is the primary cause of the a. It incorporates "your product' or"your work" that is injury or damage;or known or thought to be defective, deficient, (2j Under which the insured, if an architect, engineer inadequate or dangerous;or or surveyor, assumes liability for an injury or b. You have failed to fulfill the terms of a contract or damage arising out of the insured's rendering or agreement; failure to render professional services, including if such property can be restored to use by: those listed in (1 above and supervisory, a. The repair, replacement, adjustment or removal of inspection,architectural or engineering activities. "your product"or"your work";or 13."Leased worker" means a person leased to you by a b. Your fulfilling the terms of the contract or agreement labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to 12."Insured contract" means: the conduct of your business. "Leased worker' does a. A contract for a lease of premises. However, that not include a"temporary worker", portion of the contract for a lease of premises that 14."Loading or unloading"means the handling of property: indemnifies any person or organization for damage a, After it is moved from the place where it is accepted Lay fire, lightning or explosion to premises while for movement into or onto an aircraft, watercraft or ""auto"; Page 16 of 18 HG 00 01 06 05 b. While it is in or on an aircraft, watercraft or"auto"; 16."Occurrence"" means an accident, including continuous or or repeated exposure to substantially the same general c. While it is being moved from an aircraft, watercraft harmful conditions. or"auto" to the place where it is finally delivered; U."Personal and advertising injury" means injury, but "loading or unloading" does not include the including consequential "bodily injury", arising out of movernent of property by means of a mechanical one or more of the following offenses: device, other than a hand truck, that is not attached to a. False arrest, detention or imprisonment; the aircraft, watercraft or"auto", b. Malicious prosecution: 15."Mobile equipment" means any of the following types c. The wrongful eviction from, wrongful entry into, or of land vehicles, including any attached machinery or invasion of the right of private occupancy of a room, equipment'. dwelling or premises that a person occupies, a. Bulldozers, farrn machinery, forklifts and other committed by or on behalf of its owner, landlord or vehicles designed for use principally off public lessor; roads; d. Oral, written of electronic publication of material b. Vehicles maintained for use solely on or next to that slanders or libels a person or organization or premises you own or rent; disparages a person's or organization's goods, c. Vehicles that travel on crawler treads; products or services; d. Vehicles, whether self-propelled or not, maintained e. Oral, written or electronic publication of material primarily to provide mobility to permanently that violates a person's right of privacy; mounted: C Copying, in your "advertisement', a person's or (1) Power cranes, shovels, loaders, diggers or organization's "advertising idea" or style of drills, or "advertisement"; (2) Road construction or resurfacing equipment g. Infringement of copyright, slogan, or title of any such as graders,scrapers or rollers literary or artistic work, in your"advertisement";or a. Vehicles not described in a., b., c, or d. above that h. Discrimination or humiliation that results in injury to are not self-propelled and are maintained primarily the feelings or reputation of a natural person, to provide mobility to permanently attached 18,"Pollutants" mean any solid, liquid, gaseous or thermal equipment of the following types: irritant or contaminant, including smoke, vapor, soot, (1) Air compressors, pumps and generators, fumes, acids, alkalis, chemicals and waste. Waste including spraying, welding, building cleaning, includes materials to be recycled, reconditioned or geophysical exploration, lighting and well reclaimed. servicing equipment; or 19."Products-completed operations hazard"': (2) Cherry pickers and similar devices used to raise a. Includes all "bodily injury" and "property damage" or lower workers-, occurring away from premises you own or rent and f. Vehicles not described in a, b., c. or d. above arising out of"your product"' or"your work"except: maintained primarily for purposes other than the (1) Products that are still in your physical transportation of persons or cargo. possession;or However, self-propelled vehicles with the following (2) Work that has not yet been completed or types of permanently attached equipment are not abandoned. However, "your work" will be "mobile equipment" but will be considered "autos": deemed completed at the earliest of the (1) Equipment, of at least 1,000 pounds gross following times: vehicle weight, designed primarily for: (a) When all of the work called for in your (a) Snow removal; contract has been completed. (b) Road maintenance, but not construction or (b) When all of the work to be done at the job resurfacing;or site has been completed if your contract calls for work at more than one job site. (c) Street cleaning; (C) When that part of the work done at a job site (2) Cherry pickers and similar devices mounted on has been put to its intended use by any automobile or truck chassis and used to raise or person or organization other than another lower workers; and contractor or subcontractor working on the (3) Air compressors, pumps and generators, same project. including spraying, welding, building cleaning, Work that may need service, maintenance, geophysical exploration, lighting and well correction, repair or replacement, but which is servicing equipment. otherwise complete, will be treated as completed. HG 00 6106 65 Page 17 of 18, b. Does not include "bodily injury" or "property 22."Temporary worker" means a person who 'is damage" arising out of: furnished to you to substitute for a permanent (1) The transportation of property, unless the "employee"" an leave or to meet seasonal or short- injury or damage arises out of a condition in or term workload conditions. on a vehicle not owned or operated by you, 23.""Volunteer worker"means a person who and that condition was created by the "loading a. Is not your"employee"; or unloading" of that vehicle by any insured-, b. Donates his or her work; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or c. Acts at the direction of and within the scope of duties determined by you; and (3) Products or operations for which the & Is not paid a fee, salary or other compensation by classification, listed in the Declarations or in a policy schedule, states that productsyou or anyone else for their work performed for - completed operations are subject to the you. General Aggregate Limit. 24,"'Your product": 20,"Property damage" means: a. Means: a. Physical injury to tangible property, including all (1) Any goods or products, rather than real resulting loss of use of that property. All such loss property, manufactured, sold, handled, of use shall be deemed to occur at the time of the distributed or disposed of by: physical injury that caused it; or (a) You; la, Loss of use of tangible property that is not (b) Others trading under your name; or physically injured. All such loss of use shall be (c) A person or organization whose business deemed to occur at the time of the "occurrence" or assets you have acquired; and that caused it. As used in this definition, computerized or (2) Containers (other than vehicles), materials, electronically stored data, programs or software are pails or equipment furnished in connection not tangible property.. Electronic data means with such goods or products. information,facts or programs, b. Includes a. Stored as or on; (1) Warranties or representations made at any b. Created or used on; or time with respect to the fitness, quality, durability, performance or use of your c. Transmitted to or from; durability, and computer software, including systems and (2) The providing of or failure to provide warnings applications software, hard or floppy disks, CO- or instructions. MOMS, tapes, drives, cells, data processing devices c. Does not include vending machines or other or any other media which are used with electronically property rented to or located for the use of others controlled equipment. but not sold,, 211,"Suit" means a civil proceeding in which damages 25."Your work": because of "bodily injury", "property damage" or "personal and advertising Injury" to which this a. Means: insurance applies are alleged. "Suif'includes: (1) Work or operations performed by you or on a. An arbitration proceeding in which such damages your behalf; and are claimed and to which the insured must submit (2) Materials, parts or equipment furnished in or does submit with our consent;or connection with such work or operations. b, Any other alternative dispute resolution b. Includes proceeding in which such damages are claimed (1) Warranties or representations made at any and to which the insured submits with our time with respect to the fitness, quality, consent. durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions, Page 18,of 18 HG 00 010 D5 TURF ' S UP LANDSCAPING & LAWN SERVICE , INC . ATTACHMENT "A" SCOPE OF WORK -CATEGORY ONE: Improved Properties NOTE:The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders may submit a bid for one or both categories of work. Properties in this category consist of the following: 1. Historic Boynton Beach Woman's Club 2. Boynton Harbor Marina 3. CRA Office Building 4. City Public Parking Lot—City Owned -NE 4th Street& NE 1't Avenue These properties may also be referred to as the Landscape Maintenance Service Area. SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing,Weed Control and Irrigation Checks. a. Litter Control—Shall mean the collection and proper disposal, at the Contractor's expense(and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. that are not intended to be present as part of the landscape, and the emptying of all trash barrels on the site. Litter Control will be completed throughout the entire Landscape Maintenance Service Area including streetstparking areas, sidewalks, pathways, curbs, etc. i. Litter Control must be completed prior to any trimming/edging, mowing,or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. ii. All litter is to be containerized and properly disposed of. b. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any"missed" uncut grass. i. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1.5" 1 Floratam St. Augustine 3.5"-4" 1 Bahia 3"-4" 1 Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. ii. Mowing shall be done carefully in order to avoid"girdling"trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. iii. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re- scheduling or vacating the schedule for that week must be coordinated with the BBCRA. C. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts,trees,wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE: Trimming/Edging will be 1.5 feet away from all trees, Palms, and exposed roots. 00963533-2 Page 13 of 54 d. Blowing—Grass clippings and debris caused by mowing and trimmingledging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. e. Weed Control- Contractor responsible for keeping all areas weed-free at all times. i. Weeds are to be completely removed from all turf,shrub,ground cover,flowerbeds,tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed free at all times using manual or chemical methods. ii. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. V. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mowing cycle. f. Irrigation Checks — Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his/her/its cost. B. Pruning and HedgelShrub/Flowering Plant Maintenance—All hedges, shrubs, and landscaped areas will be trimmed once a month in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. C. Palm Trimming -All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches (up to 10')will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 18' or higher will be excluded, but can be trimmed at an additional charge upon authorization by the BBCRA. D. Trees -Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning as needed, for damaged, dead, crossing branches;obstruction;or aesthetics is needed.Trees must be trimmed to provide clearance of no less than eight(8)feet at all times. E. Irrigation Wet Check - Inspections and adjustments shall be done once a month wherein the entire irrigation system starting with the meter to the backflow to all the clocks, lines, and zones with their valves, heads, sensors, etc. to ensure that grounds and plantings are receiving adequate amounts of water while avoiding water loss. F. Irrigation Repairs — All needed repairs are to be documented, marked, and forwarded to the BBCRA immediately, and the damaged system is to be secured in the"off" position in order to limit the amount of water lost. An itemized estimate must be submitted and approved by the BBCRA prior to any repair work ODHM3-2 Page 14 of 54 as the BBCRA reserves the right to complete repairs with in-house staff and/or to purchase the materials. G. Mulching —Two inches of shredded non-cypress mulch (not red mulch) shall be added to planting beds four (4)times a year in March, June, September and December. A granular pre-emergent herbicide shall be applied to all shrub beds PRIOR to the application of mulch. Beds will be clean of weeds when new mulch is applied. NO CYPRESS MULCH SHALL BE USED. H. Plant/Tree Installation - An itemized estimate must be submitted and approved by the BBCRA prior to any plantftree installation as the BBCRA reserves the right to purchase the materials. All plants and/or trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. Additional maintenance cost will be addressed in accordance to Attachment "M," Standard Form of Agreement Between Owner and Contractor. 1. Fertilization -All turf areas will be fertilized four(4)times annually using only commercial custom blended fertilizer which is designed for S. Florida turf needs. One of the turf fertilization applications will be a weed and feed that will be applied in the spring season. Fertilizer used will be a top grade 16-4-8 or season equivalent. Palms, hedges and ornamentals will be fertilized three times per year with a granular 13-3-13 or equivalent. All granular applications will be broadcast at the manufacturers recommended rates. J. Pest Control—An Integrated Pest Management(IPM) Pest Control Program will be designed and applied four(4)times annually for the detection and treatment of any insects, fungus and diseases that may occur in both the turf and on all ornamentals in all common ground areas. A supervisor with a commercial landscape pesticide certification will inspect and treat problems quarterly as detected in both the turf and all landscape materials throughout the site. Areas treated and problems corrected will be indicated in written activity reports. See below for specifications regarding pest control applications: a. Pest Control Specifications — Turf: All turf areas will be inspected and treated quarterly for turf- damaging insects and disease. Turf showing damage will be treated at time of inspection. Turf insects and diseases to be treated include Chinch Bugs, Sod Webworms, Army Worms, Fire Ants, Brown Patch&Leaf Spot Fungus. In addition, broadleaf weed control and ant baiting applications will be completed twice annualiy. b. Pest Control Specifications — Ornamentals: All Ornamentals will be inspected every month for plant damaging insects and disease. Ornamentals showing damage will be treated at the time of inspection. Ornamental insects and diseases to be treated include Scale, Mealy Bugs, Aphids, Caterpillars and Leaf Spot Fungus. C. Pest Control Exclusions: The control of Fig & Spiraling White Fly, Millipedes, Fleas, Ticks and Nematodes are not included in this program. Grub control would be at an additional cost. Any Treatment of Ants, other than Fire Ants, is not included in the program. Ants in pavers are also not included. Structural Pest Control including Wasps, Mud Daubers, etc. are not included. Any Palm tree disease would be an additional cost. No potted plants included. K. Damages-Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRAwithin 24 hours of such repairs). L. General-Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. — 5:00 p.m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four(4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be WM533-2 Page 15 of 54 contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. M. Additional Work—These prices will not be added In the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an"as needed" basis. Sod will be priced per sq. ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. c. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. 00963533-2 Page 16 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved Properties Monthly Amount Per Service 2 Times per Month Bask Once a Maintenance month Once a Litter Control, Pruning and Month Owe a Map# Location/Address PCN# Mowing,Line Hedge/Shrub/ Palm Month TOTAL TrinuningfUging, FloweringTrees Blowing and Plant Trimming Weed Control, Maintenance Inization Checks, AN Col 1010 S.Federal mffhway 814345-28-24-000-0040 $ $ 100 Stipp $ Zbo .......... 110 NE6th Street- Marian Entry Tower& 084345-27-03-000-0132 CO2 725 Casa Loan Blvd- &094345-27-60-003- $ 5 $ 560e $ 'Z50 Open Space,Medan& 0000 Eiwlxw Minter Bldg. I -3 t2, tli",-1 M) CO3 710 N.Federal 094345-22-00-000-7020 S Is 2t:�o Is ZIS Is Z.S $4W }r Fed "n"M NE4th Street&KE int C04 Avenue-City Parking 08434538-03-001-0080 S . 0 $ :5c> $ 2-15' S 2:(,S t5 Lot TOTAL $ 19 S c1co $ aw $*0 $ZZ60 The undersigned, having familiarized themselves with the local conditions affecting the cost of to work, with the Specifications(including Invitation to Bid, Instructions to Bidders,this bid,the Standard Form of Agreement and the Scopes of Work)and Addenda, if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all I bor, materials,aqui ent nd se ces fq� ed,all in accordance 0 I mwith,for the sum of 1-U =7, % beooiiars(s ;2MO --)on a monthly basis,for the work outlined in this Bid Price Proposal Breakdown-Month!yAmout Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit W. Bidders Signature .M Name Date W96M3-2 Page 17 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved Properties Annual Amount Per Service (4 times per year) lAwation/Adillmss FCN# M Fertilintion PestContrioll TOTAL 1010 S.Federal C01 HighwV 084345-28-24-000-0040 $ 30Dso $ 3(00- $ t 110 NE6th Street- Marina hhtry Tower& treet-MorinafttryTower& 084345-27-03-000-0132& CO2 725 Cass Loma BIML- 0843-45-27-60-003-0000 � Iws S t(Do $ Open Space,Median& Harbor Master Bldg. ------------- g"" 'NO i"p, "�i 1441"'V 11`�'�Iil'1'111' 11111111`21§1 EF 710 N.Federal dp ab CO3 Highvmy 084345-22-00-000-7020 S $ Q $ 3 10 21 NE4th Street&NEW C04 Awnue-City Parking 08-43-45-28-03-001-0080 $ 460 $ 20 $ im'— s ;.11()'— TOTAL Swo $ 2accT$ J4%P - The undersigned, having familiarized themselves with the local conditions affecting toe cost of the work with the Specifications (including Invitation to Bid, Instructions to Bidders, this bid,the Standard Form of Agreement, and the Scopes of Work)and Addenda, if any thereto, on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor', materials, equipment an serWicep requir?, all in accordance therein, for the sum of -rV a ollars ($ annually,for the work outlined in this Bid ,jtjVjr_�[&t4)V60 M06f h -rj"�Fb L12 Price Proposal Breakdown-Annual Amoun Ar-Q-ni,-e(4 times per year) for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"K. I Lu LAo-e (Tdle. Name I -to D eA:—F V1 - Date 009&U33-2 Page 18 of 54 ey_, s - }��((� !i' ,� } _ � •,Sb �� 5,11 Jr , "50 V t A� Al Ali 08 CL z IT k p. �aG , s `g ��°41ri k�i ii�Ak}�fSSS �'S{: 8k }} 0NS533-2 Page 19 of 54 k 1 r ry t ie I 6 de 4s � 4 r ' Son 3. cc I} �<< O a U x 0 arc uco s . 4 m LA rn rt F r1 t �.� i I 1 � kr i 10 Y- IIS fv , 000533-2 Page 20 of 54 l I Wn Aly s1�&C 17 �1 � '_ 19J: 2� ( i�r.. t, �rt ,t 6 * l S , m . t�41 �I �V V11lfr i� �� Y M 11<'tk �` 0111t uJ LL \ LL R N It s � n t CIA e ��}i a 00963533-2 Page 21&54 rs r �k'S�i7 vows h- l fc N r r 41 �N m �,�� G i Ali it t pt( TH s � r � � �iF� �!� �� s � n} f� t � sir s > • � i ss � npy � s �— 00 si tx j �s 11�s �tk Ito f jar s y B, s A01, CL E 1S�Q* IN ` iBt�Of OPP � t sit„�� akr � i y S''it zr arl raga? ",}1}F�'f ti11� r � 1111 t m i r 1 t Q� st �, kt��zlf a is to si s r Gr a "'^ t ssst, t r�t r t t I�S S Vrr tDs�jtt n ,1r SIN >•.t a ,�„� ..fat i 1 4 } r I� t r c fit �n r ,_ i{y s� rt situ y,�i aos3iz Page 22 of 54 ATTACHMENT "C" SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category One: Improved Properties Ili ZL eLk'+ —as an authorized agent of (Name and Title of Company Representative) U - i A&4�:�LQQlt\h (hereinafter called the Bidder) located at .-r(NamCompany) I cro l u Ifo hereby certifies that on AWD , 23 2018, Bidder(s) or Bidder(s)' representative personally visited the following Project sites: Historic Boynton Beach Woman's Club Boynton Harbor Marina CRA Office Building Public Parking Lot— City Owned—NE 4' Street&NE 1'Avenue and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A" Sc a Vork, Cate ry One: Improved Properties,for the Project prior to submitting his/her/its;bid. B' ss Si g ture m 15'e `l 7rz t Name es p Tit Date `f OW63533.2 Page 33 of 54 ATTACHMENT "D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Invitation to Bid (ITB) CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVLOPMENT AGENCY By entering checking YES or NO in the space provided and indicating date received. No. 1 e ❑ No Date1 No. 2 es ❑ No Date No. 3 ❑ No Date iv Z P No. 4es ❑ No Date No. 5 Yes ❑ No Date 4- JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and condit' ns of this bid to other CRAB; Palm Beach, Martin, and Broward County governmental entities and 7age cies. Yes ❑ No BID INFORMATION WAS OBTAINED FROM: ❑ CRA Website ❑ Newspaper Ad ❑ City Hall Other, please specify: B0609-6i n rint ame Title i `C i r ((3 Date 1 00863533-2 Page 35 of 54 ATTACHMENT "E" BIDDER'S ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids to: Boynton Beach Community Redevelopment Agency (BBC RA) 710 N. Federal Highway, Boynton Beach, FL 33435 Release Date: April 19, 2018 Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Submittal Deadline: Bids must be received in their entirety by the BBCRA No later than 2:00 P.M. (EST), on May 18, 2018 Bids will be opened in the Boynton Beach Community Redevelopment Agency Office at 2:00 P.M. (EST) on the submission date unless specked otherwise. The undersigned has read the BBCRA Invitation to Bid (ITB)to provide landscape maintenance services for the above referenced project. On behalf of my organization, I agree to and accept the terms, specific limitations, and conditions expressed therein. If for any reason a Contract is not executed by the BBCRA and Bidder and approved by the CRA Board, the undersigned agrees to honor the prices as provided by this organization in Attachment "A" and Attachment "B" of the ITB until such time a Contract is executed but not to exceed ninety (90) days following the Award of Bid. I have read, rely upon, acknowledge, and accept the Disclosure and Disclaimer section which is fully incorporated by reference into this statement. ame of Or ion: +ti atare�` Pri me Titlel 57 1 tq Date 00963533-2 Page 36 of 54 ATTACHMENT $$F" 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 proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids proposals, or replies 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, Florida Statutes, 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 Bidder complies fully with the above requirements. Bir=s-3ignatur t� Print N e Title Date L't OOMS33-2 Page 37 of 54 ATTACHMENT "G" LIST OF EQUIPMENT AND PERSONNEL In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) AGE AND CONDITION: Original model year of equipment—if equipment has been rebuilt, year of last overhaul. (d) OWNED EQUIPMENT: whether Bidder owns equipment. ITEM USE AGE AND OWNED (a) (b) CONDITION EQUIPMENT (c) Yes/No d �S u 2 U�0-ut C ew Kewc () 4I 19-K T 2 C 4w Vu 2C> ( 3 S '�I tie w C4 J r16 .19 ank z steim o Ck 2-CL cwt s 2vr ti-e W r' VLLI a AW YLi ! VV Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format: Name Job Title/ escription Years Phone/Email After with Hours ,i 1� Company uR�� Contact l W� Yes r No S33-2 Page 38 of 54 ATTACHMENT "H" BIDDER'S INFORMATION AND PAST PERFORMANCE Name of Organization: U y— y ti'OSG A-Dl Nc A'G, Street Address: Q N Z 421 �3 Mailing Address (if different): City, State, Zip: Telephone No.: Fax No.: Email Address of Contact Person: c dvtA Position/Title of Contact Person: 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 the organization and management efforts. U Age of Organization—In continuous business since: :�9 S Leadership - List Corporate Officers, Principals, Partners or owners of your organization with titles and addresses. If a publically held company, list Chair of the Board, CEO and President: (JSP Federal Identification No.: �! 3 �L(7 State of Incorporation & Registration No.: o�� vZ GC1 ND If not a corporation, explain your status: Professional References: Provide three(3) verifiable professional references as required by Paragraph 4.1.2: OOMS33-2 Page 39 of 54 Contact NamelCompany AddressrrelephonetEmail Scope of WorMontract Dates o Amount Services 1 ,50c�cdD GOO qs4 � 2 (,pko� . -mac n.) A N)Jv All - `130 `` -7 9 0 3. PAk to �'a a- cla. g� vOU �b �OLU I p,P Legal History: Has Bidder been involved ' any litigation within the past four(4) years? F1 Yes No If Yes, list alt civil and criminal legal actions as required by Paragraph 4.1.3 in a separate attachment in the following format: Case Number Description State Disposition M63533-2 Page 40 of 54 ATTACHMENT "I" SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason. Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date: April 19, 2018 Bidder(s)' Name: "S!� I N Tb `-rube t I i Name/Address/Phone of Type of Work to be Dollar Amount % of Total Subcontractor Performed Name: bwe 01\7%-aL � ,Zoo Pew r� o a Address: 0 Phone: Name: Address: Phone: Name: Address: Phone: M63533-2 Page 41 of S4 ATTACHMENT "J" DRUG-FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, 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, proposals, or replies, that are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency for the procurement of commodities or contractual services, a bid proposal, or reply 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 tied 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 specked 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, Florida Statutes 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. A zed to sign the Statement, I certify that this firm complies fully with the above requirements. Adders-Signature P ' me Ti � � f Date f 009&MS-2 Page 42 of 54 ATTACHMENT "L" INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the BBCRA(or for such duration as it otherwise specked herein), the following insurance coverages: A. Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law"of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy,without restrictive endorsements other than ISO Endorsement GL 2106, as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Contractors 3. XCU Coverages. 4. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 5. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. The BBCRA and The City of Boynton Beach shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 00963533-2 Page 44 of 54 VINCENT AND SONS LANDSCAPING , INC . ATTACHMENT "A" SCOPE OF WORK - CATEGORY ONE: Improved Properties NOTE:The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders may submit a bid for one or both categories of work. Properties in this category consist of the following: 1. Historic Boynton Beach Woman's Club 2. Boynton Harbor Marina 3. CRA Office Building 4. City Public Parking Lot—City Owned -NE 4th Street& NE 151 Avenue These properties may also be referred to as the Landscape Maintenance Service Area. SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing, Weed Control and Irrigation Checks. a. Litter Control—;Shall mean the collection and proper disposal, at the Contractor's expense(and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. that are not intended to be present as part of the landscape, and the emptying of all trash barrels on the site. Litter Control will be completed throughout the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. i. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. ii. All litter is to be containerized and properly disposed of. b. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any"missed" uncut grass. i. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"-1.5" / Floratam St. Augustine 35'4' / Bahia 3"-4" / Zoysia 1.5"-2.5"); actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades. ii. Mowing shall be done carefully in order to avoid"girdling"trees or shrubs,intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. iii. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re- scheduling or vacating the schedule for that week must be coordinated with the BBCRA. C. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts,trees,wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE, Trimming/Edging will be 1,5 feet away from all trees, palms, and exposed roots, Page 13 of 54 d. Blowing—Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. e. Weed Control-Contractor responsible for keeping all areas weed-free at all times. i. Weeds are to be completely removed from all turf,shrub,ground cover,flowerbeds,tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. if. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. V. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mowing cycle, f. Irrigation Checks — Irrigation systems will be checked upon each mowing operation to ensure no damage to heads or valves. Any leads or valves damaged by Contractor in the act of mowing will be replaced by Contractor at his/her/its cost. B. Pruning and Hedge/Shrub/Flowering Plant Maintenance—All hedges, shrubs, and landscaped areas will be trimmed once a month in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of property. C. Palm Trimming-All palms will be trimmed once a month. All dead or dying fronds will be removed at this time, Lower palm branches (up to 10')will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 18= or higher will be excluded, but can be trimmed at an additional charge upon authorization by the BBCRA. D. Trees -Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning as needed, for damaged,dead,crossing branches;obstruction; or aesthetics is needed.Trees must be trimmed to provide clearance of no less than eight(8)feet at all times. E. irrigation Wet Check - Inspections and adjustments shall be done once a month wherein the entire irrigation system starting with the meter to the backflow to all the clocks, lines, and zones with their valves, heads, sensors, etc. to ensure that grounds and plantings are receiving adequate amounts of water while avoiding water loss, F. Irrigation Repairs — All needed repairs are to be documented, marked, and forwarded to the BBCRA immediately, and the damaged system is to be secured in the"off' position in order to limit the amount of water lost. An itemized estimate must be submitted and approved by the BBCRA prior to any repair work OW53533_ Page 14 of 54 oil .40 contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5-00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. M. Additional Work—These prices will not be added in the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an"as needed" basis. Sod will be priced per sq, ft. of removal, grade and install. b- Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. c, Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application, 0096aSj3-� Page 16 of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK - CATEGORY ONE: Improved Properties Monthly Amount Per Service 2 Times per Month Basic Once a Maintenance Month Once a Litte r Control, Priming and Once a Map# Location/Address PCN# Mowing,Line Hedge/Shrub/ Month Mouth TOTAL Trimming/Edging, flowe nag Palm Trimming Trees Blowing and Plant WeedControl, Maintenance Irrigation Checks. iw: �. '` , Coll 1010 S.Federal 084345-28-24-000-0040Is MOM LACO -1!.5 q $ P'PA'j' 110 NC6th Street- Marina treet-Marina Entry Tower& 08-43-45-27-0"00-0132 CO2 725Casa 1AmaBlwL- &0,8-43-45-27-6"03- $ $ I Open Space,Median& 0000 (D 01D i lcc� ro I CO Harbor Master Bldg. I 7 10 N.Federal CCO 3 Highway 084345-22-00-000-7020 I$ $ j$ sLos3q5 4 f;ftt t, C : "' 1 TP NIE4th Street&NE 1st C04 Avenue-City Parking 084345-28-03-001-0080 $ .1 ZO "t $ $ 2-0 TO'LAL 1$ The undersigned, having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications(including Invitation to Bid, Instructions to Bidders,this bid,the Standard Form of Agreement,and the Scopes of Work)and Addenda, if any thereto,on file in the office of the BO ON BEACH COMMUNITY REDEVELOPMENT AGENCY,at 710 N. Federal Highway, Boynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith,for the sum of 1,c w --ii -4— Ze(4� G–it Dollars($ 91 n i-�0 1 Oq on a monthly basis,for the work outlined in this Bid Price Proposal BrIdakdown-Monthly Amout Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A". Bidtter s Si natur%---) P2i t Nan� C40 le5.A,-A,� Tale f ISI� S' Date 00963533-2 Page 17 of 54 Iii PRICE PROPOSAL BREAKDOWN OWN SCOPE OF WORK - CATEGORY ONE. Improved Properties Annual Amount Per Service times per year) Map€# cation/Addmss PCN# �"limulchin Fea�llza11 tion I Pest Control TOTAL T,4Ww .$ "IN,T }N CC1{ 101Hi hr Federal 084345-28-24-000-0040 S� Is 6co Is $ LAO � y 110 NE6th Street- Marina FatryTo r& 0 4345-27-03-000-0132 CO2 725 Casa Loma BlwL- IWO 084345-27-60-003-0000 S $ �" �2�co Open Space,Median& Harbor Master Bldg. CO3 710 N_Federal 08-4345-22-00-000-7020 $ Is, Is Highway Phl XING NE41th Street&NEI st C04 Avenue-City harking 084345-28-03-001-0080 $ $ Lot TOTAL 3H,00 Is 1300 The undersigned, having familiarized themselves with the local conditions affecting the cost of the work, with the Specifications (including Invitation to Bid, instructions to Bidders„ this bid, the Standard Farm of Agreement, and the Scopes of Work)and Addenda, if any thereto„ on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, at 710 N. Federal Highway, Baynton Beach, Florida, hereby proposes to furnish all labor, materials, equipment and services required, all in accordance therewith, for the sum of oCc"Cs -) Dollars ($ )annually, for the work outlined in this Bid Price Proposal Breakdown-Annual Amount Per Service{4 times per year} for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit"A".. idders Signat N i/' j s L Print Na e C i8ent Title Date ii OW63533-2 Page 18 of 54 v �# imp A RM sell pit � tOw �t+w m cc \, J •,. ��`t� �i��res r F ,� �,'�� r r v Ir � r fA cwt rv.t was M Ig W JIM yg �, p tti -z Page 19 of 54 AM �[ 411'. t .+ F, �.,�an &JIT ` ��` 3 {5( I� e i pp➢➢n t t �M CL'7 C We t' Y 6 6r 17 i�5i�gi 4 A11��{tt r st � ,..'•3 tis �,�,�� Ia ftop u o X. yI Ira g G�P9 3533.2 Page 20 of 54 " ` Y S r p << ti o s Ot TY � nFvKikIN ' Cn �m ,t ^M r ^ . Ln Tz r g � t ,� t` ' �ll,s$ t i vi , z,� Vl �fl i "M 1. � 11 W ®r 9 magssa-z Page 21 of 54 C u ))ff {tit S c - y^ fA y 1, ! ww� CIA moo MW.. �. 40 o s_8 � R f t ro Vol� t rrpp to L Von 1 70 � w imp RO, ? Apt oilm 1r a is Q IN IMS N- 1y�,2 v R r i t h � a Ng ItY Ila a k r CS Ott h or �saa-z 'age 22 of 54 ATTACHMENT "B" SCOPE OF WORK - CATEGORY TWO: Vacant Lots: NOTE.,The ITB divides the scope of work into two (2) categories to accommodate various types of properties owned by the BBCRA. Bidders(s) may submit a proposal(s)for one or more categories of work. Properties in this category consist of the following: 1. Large Development Vacant Lots (aka Cottage District) 2. Martin Luther King,Jr. Properties—MLK NORTH 3. Martin Luther King,Jr. Properties—MLK SOUTH 4. Martin Luther King,Jr. Properties —MLK EAST 5. Misc.Vacant Lots SPECIFICATIONS A. Basic Maintenance shall be done two (2) times per month and includes Litter Control, Mowing, Line Trimming/Edging, Blowing and Weed Control. a. Litter Control—Shall mean the collection and proper disposal, at the Contractors expense (and not in any BBCRA container without prior approval) any debris such as paper, cans, bottles, fallen or hanging limbs, rocks, etc. which are not intended to be present as part of the landscape within the entire Landscape Maintenance Service Area including streets/parking areas, sidewalks, pathways, curbs, etc. and the emptying of all trash barrels on the site. i. Litter Control must be completed prior to any trimmingledging, mowing,or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. ii. All litter is to be containerized and properly disposed of. b. Mowing — Shall be performed in a manner that ensures a smooth surface appearance without scalping or leaving any"missed" uncut grass, i. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (Common Heights: Bermuda 0.5"�-1.5" / Floratam St, Augustine 35"4' / Bahia Y-4" / Zoysia 15`-2.5"); actual height to be determined by the condition of the grass and the field usage, Mowers shall have blades sharp enough to cut rather than tear grass blades. ii. Mowing shall be done carefully in order to avoid"girdling"trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the Contractor will be responsible for restoring all damage. iii. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re- scheduling or vacating the schedule for that week must be coordinated with the BBCRA, C. Line Trimming/Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts,trees,wall, signs., sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the Contractor will be responsible for restoring all damage. NOTE: Trimming/Edging will be 1.5 feet away from all trees, palms, and exposed roots. 00963513-2 Page 23 of 54 .................................................- d. Blowing—Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging, Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/takes or adjacent properties. e. Weed Control-Contractor responsible for keeping all areas weed-free at all times. i,. Weeds are to be completely removed from all turf,shrub,ground cover,flowerbeds,tree rings, and paver block areas during the contract period. Properties that are part of the Landscape Maintenance Service Area shall remain weed-free at all times using manual or chemical methods. ii. Weeds growing from curb joints or other concrete areas shall be chemically treated and removed after the herbicide has penetrated to the roots if they are large enough to be a visual eyesore. iii. There shall be no run-off of chemicals into adjacent roadways, gutters, planting areas or other hard surfaces. iv. Contractor may use contact herbicides for spot killing of weeds. V. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. B. Damages-Damage to landscape material due to any cause shall be immediately corrected by Contractor. This includes up righting and staking any fallen or leaning trees and palms; removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. Any pits left from tree removal shall be filled with good soil and sod to match existing grade. (Contractor must contact BBCRA within 24 hours of such repairs). C. General — Contractor shall be capable of being contacted through their office and/or cellular phone numbers during the hours of 7:00 a.m. —5:00 p,m., Monday through Sunday. A contact must be available during regular work hours, after-hours, weekends and holidays. All phone calls from BBCRA employees should be returned within four(4) hours. Contractor shall provide a working fax number and email address for use during business hours. Based on the aforementioned, Bidder must submit with his/her/its bid the name, address, fax number, office phone number, cellular number(s) and email addresses of all persons to be contacted for coordination of service. Other than emergency maintenance, no maintenance shall be performed on weekends or during holidays unless requested in writing and approved by the BBCRA. Work shall be performed between the hours of 8:00 a.m. and 5:00 p.m. Special attention will be given to specified areas prior to national holidays & special events to ensure that the site is at its best during these times. Contractor will check area two days prior to holiday and special events and verify that maintenance has been properly performed. D. Palm Trimming-All palms will be trimmed once a month. All dead or dying fronds will be removed at this time. Lower palm branches(up to 10')will be trimmed to maintain clearance for pedestrian and vehicular traffic. Any palm exceeding a height of 16' or higher will be excluded, but can be trimmed at an additional charge, upon authorization by the BBCRA. E. Trees -Trees are to be pruned once a month to control suckers or water sprouts and throughout the first year following installation, to establish proper structure; thereafter only corrective pruning, for damaged, dead;crossing branches;obstruction;or aesthetics is needed.Trees must be trimmed to provide clearance of no less than eight(8)feet at all times. F. Additional Work—These prices will not be added in the contract bid but used on an "as needed" basis. a. Sod Replacement: Contractor will supply sod replacement to the BBCRA on an"as needed"basis. 00963r.913--1 Page 24 of 54 Sod will be priced per sq.ft. of removal, grade and install. b. Plant and Tree Installation: Contractor will supply labor for installation of shrubs and trees as needed. Labor will be priced at an hourly rate per person. C. Additional Fertilizing: Contractor will supply labor for additional fertilizing if needed. Labor will be priced on an hourly basis per person required. d. Additional Pest Control: Price per 50 gallons of insecticide or 50 pounds of granular insecticide per as needed application. e. Pruning and Hedge/ShrublFlowering Plant Maintenance —All hedges, shrubs, and landscaped areas will be trimmed in accordance with professional horticulture and ornamental practices. Care shall be taken not to remove too much of the flowering surface branches when pruning. Pruning shall also include the removal of all dead and diseased wood which in not beneficial to the specific type of plant material. Pruning shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. All pruning cuts shall be done without leaving stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, andlor diseased plant material. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance). All plant material removed during the pruning process shall be containerized and disposed of properly. f. PlantlTree Installation-An itemized estimate must be submitted and approved by the BBCRA prior to any plant/tree installation as the BBCRA reserves the right to purchase the materials. All plants andlor trees must be visibly inspected and approved by the BBCRA prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation, Additional maintenance cost will be addressed in accordance to Attachment I'M," Standard Form of Agreement Between Owner and Contractor. 0096353�.2 Page ZS of 54 BID PRICE PROPOSAL BREAKDOWN SCOPE OF WORK-CATEGORY TWO: Vacant Lots Monthly Amount Per Service 2 Times Per Mouth Basic Maintenance M ap LorationAddress PCNN LitterControl, Once a Month Once a Month Mowing,Line PalmTrimming Trees TOTAL Trimming/Edging, li Blowing and Weed PC COW 77 77 Control 77777777777777 T 777777777,,, I 7777777777 7777777777777,','OP EL mt T ....... ..... CTI Cottage Dishict-17 Vacant Lots- PCN's attached to Map NE4th 5th Ave, MLK NORTH N.ElstStreet&NE11th 0&4345-21-24-00" Avenue 010 E MLK BLVD. 084345-21-25-00 1-0110 $ f2 $ 5 $ -7 0 CT2 117 F MLkj8_LVD, 084345-21-25-001-0080 $ $ ll 9 E MLK BLVD. 08-4345-21-25-001-0060 $ Ei 137 09-4345-21-25-001-0040 S ——Z F M LK BLVD. ( 5 _S —to E M LK BLVD. 08-43-45-21-27-001-0260 (j2Q I$ is '5 _70 MLK SOUTH 118 E MLK Blvd.. 084345-21-10-005-0050 $ — E MLK BLVD. 084345-21-10-005-0100 $ -70 E MIX BLVD. 084345-21-10-005-0090 206 E MLK Blvd. 084345-21-04-000-0202 117 NE 9th Avenue 08-43-45-21-10-004-0050 :2_0 123 NE 9th Ave nue 084345-21-10-004-0060 62 L $ 6— CTT 129 NE 9th Ave one 08-4345-21-10-0044)080 $ �i2o $ 6 _J.of� S '5 10 NE 9th Avenue 084345-21-10-004-0090 $ $ 5 L-2-L--) 141 NE 9th Avenue 08-4345-21-10-004-0100 $ $ _15 $ _7b 151 NE 9th Avenue 084345-21-10-004-0130 $ $ $ 20- '201 NE 9thAve nue-D uplex will be dem'd 084345-21-18-000-1720 $ $ _70 MLK EAST 308 E MLK Blvd. 084345-21-04-000-01,30 $ $—5 —$ NE 10th avenue-1 MLK Blvd. 084345-21-04.000-0100 $ _Ua— NE 10th Avenue-E MLK Blvd. 084345-2144-000-0080 $ $ NE lOtbAvenue-E MLK Blvd 084345-2144-090-0070 _S_ ('12f!]L_$ $ -70 C74 340 NE 10th Avenue-E MLK 1 084345-21-04-000-0050 5 $ — Blvd. 6)c> $ 5, $ 70 231 NE 9th Avenue 084345-21-18-000-1650 1$ $ $ -70 235 NE 9th Avenue 084345-2140-004.0130 $ $ $ NE 3rd Street 084345-21-18-000-1560 $ -7 0 13 ')A' N IXIII ............ 0"'N"" Z" S NW 12 th Avenue W4345-21-14-0004150 g 402 L_ A TOTAL is 15 is 01 Page 26 of 54 ............. The undersigned,having familiarized themselves with the local conditions affecting the cost of the work,with the Specifications (including Invitation to Bid,.Instructions to Bidders,this bid,the Standard Form of Agreement,and the Scopes of Work)and Addenda,if any thereto,on file in the office of the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,at 710 N. Federal Highway, Boynton Beach, Florida,hereby proposes to furnish all labor materials,equipment and services required,all in accordance therewith,for the sum of Otle� CdYk t n 'he Dollars($ jj3qQ,_Q on monthly basis,for the work outlined in this Bid Price Proposal Breakdown-Monthly Amout Per Service for the maintenance of the properties listed in this Scope of Work and attached to the Standard Form of Agreement Between Owner and Contractor as Exhibit'A". Bidder's Signature tA 1,kcv4a�' Print Name Title Date 00963533_2 Page 27 of 54 ............... eo Y 7 ul L." 16, < �< ul C p > w k Ow cr < 41 we ALT f'S# 0063533.2 Page 28 of 54 At LUuj k Y ��s r yi Ur k FFI gq AL iX k }, F � � � F�hs�, RJD ar. 00%3533-2 Page 29 Of 54 k tt 1 O awl„ 710 a st bs i 1-AN VV R 4 le ern } zt Ott twf 3- all 4 s f UA; t � Ow f�s , - s iit f Y &V 0€963533-2 Page 30 of 54 OWN � t P its " Mk e plateCal ; D TV 4 w � J E 5 s '1! � j - " k itr,ar,v-: � t' t t?4#� },}5 £ $ Sr ti 1St ? � .��44�l��+ttt��1,,,, oil n joo SUR Ara f to w..S A— i f Z `els SSt �tt' wow" wed k` 3^" " a 4b rSi_ rF a K , 77 �rg i IS aft � oasis -z Page 31 of 54 ruu L W O tt , R1 j[,r MO RXt a� 1AW �nOr"0, 0),� vt�f� ` � �� a i34�'s� � 'rahat tih tt' � r• `", ud a -01 n Ills!Ln i MIA P QA am f r , l° Coll a y; Ojk Id lot J. IS QYAAN asp-2 Page 32 of 54 ATTACHMENT AV$ SITE INSPECTION CONFIRMATION Project Title:, Landscape Maintenance for Category One: Improved Properties cc , as an authorized agent of (Name and Title of ColpLanyy CRepresentative) -V , hereinafter called the Bidder) located at (Name of Company) hereby certifies that on 2018, Bidder(s)or Bidder(s)' representative personally visited the following Project sites: Historic Boynton Beach Woman's Club Boynton Harbor Marind CRA Office Building Public Parking Lot—City Owned—NE 4'Street&NE I"Avenue and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "A" Scope of Work, Category One: Improved Properties,for the Project prior to submitting his/herlits bid. Bidder's Signature Print Name Title Date OB963533-2 Page 33 of 54 SITE INSPECTION CONFIRMATION Project Title: Landscape Maintenance for Category Two: Vacant Lots tit, '�Aer�t as an authorized agent of (Name and Title of Cdmpany Representative) Lrwtk (hereinafter called the Bidder) located at (Name of Company) LA'16ma-ctJi Ft hereby certifies that on 2-,(P 2018, _J Bidder(s)or Bidder(s)' representative personally visited the following Project sites". Large Development Vacant Lots(aka Cottage District) Martin Luther King, Jr, Properties—MLK North Martin Luther King, Jr. Properties—MLK South Martin Luther King, Jr. Properties—MLK East Misc. Vacant Lots and has carefully examined the existing conditions and reviewed these conditions as they relate to Attachment "B" Scope of rk, Category Two:Vacant Lots, for the Project prior to submitting hislher/its bid. &-dder's Signature R I d'o P int N -Tcr Title Li 12-� Date 00%35,33-2 Page 34 of 54 ATTACHMENT "D" ADDENDA ACKNOWLEDGEMENT Receipt is hereby acknowledged of the following addenda to the Invitation to Bid (ITB) CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BOYNTON BEACH COMMUNITY REDEVLOPMENT AGENCY By entering checking YES or NO in the space provided and indicating date received. No. 1 M/Yes E] No Date 3 No. 2 Yes ❑ No Date No. 3 Yes No Date No. 4 Yes No Date No. 5 Yes No Date JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other CFAs; Palm Beach, Martin, and Broward County governmental entities and agencies, L1 Yes No BID INFORMATION WAS OBTAINED FROM: El CRA Website El Newspaper Ad E] City Hall Other, please specify: Bidder's Signature A'Alr"S? 11 Print Name 6 �h 1 " l " Title 18, Dale' OW63533-2 Page 35 of 54 ATTACHMENT "E" BIDDER'S ACKNOWLEDGEMENT AND COMPLIANCE STATEMENT Submit Bids to: Boynton Beach Community Redevelopment Agency(BBCRA) 710 N. Federal Highway, Boynton Beach, FL 33435 Release Date: April 19, 2018 Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE SERVICES ON PROPERTIES OWNED BY THE BBCRA Submittal Deadline: Bids must be received in their entirety by the BBCRA No later than 2:00 P.M. (EST), on May 18, 2018 Bids will be opened in the Boynton Beach Community Redevelopment Agency Office at 2:00 P.M. (EST) on the submission date unless specified otherwise. The undersigned has read the BBCRA Invitation to Bid(ITB)to provide landscape maintenance services for the above referenced project. On behalf of my organization, I agree to and accept the terms, specific limitations, and conditions expressed therein. If for any reason a Contract is not executed by the BBCRA and Bidder and approved by the CRA Board, the undersigned agrees to honor the prices as provided by this organization in Attachment "A" and Attachment "B" of the ITB until such time a Contract is executed but not to exceed ninety (90) days following the Award of Bid. I have read, rely upon, acknowledge, and accept the Disclosure and Disclaimer section which is fully incorporated by reference into this statement. Name of Organization:In ' '6L)cl Bidder's Sign re 5. r- gPint Na e Title Ll /LQ.fI-3 Date Page 36 of 54 ATTACHMENT "PI 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 proposal, or reply on a contract to provide any goods or services to a public entity; submit a bid proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; submit bids proposals, or replies 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 2$7.017, Florida Statutes, 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 authn zed to sign the Statement, I certify that Bidder complies fully with the above requirements. Bidder's Siign� ure _U Print N Title Date D0 35�3-2 Page 37 of 54 .............. ATTACHMENT AV' LIST 0I=EQUIPMENT AIT PEI SONN EL In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) AGE AND CONDITION: Original model year of equipment—if equipment has been rebuilt, year of last overhaul. (d) OWNED E{'QUI PME NT: whether Bidder owns equipment ITEM USE ACE ANCA OWNED (a) (b) CONDITION EQUIPMENT (c) Yes/No Le- ZV 14 eW ' e C6 no"I'A 6, w 1 1P-5 J i Yes _J J -Tcam ca, �Ot5 e-S C-Vrk C'4i Provide a list of key personnel who will be performing the work for this Project on a separate page in the following format: Name Job Title/Description Years PhonetEmail After with Hours Company Contact Yes or No 00969533-2 Page 38 of 54 OR �ltis HIhl�c ��i # d f Vincent & Sans Landscaping Inc. I IBA; V&S Landscaping PO BOX 20605 WPB FL, 33416 Office: 1-877-809-1714 KEY PERSONNEL Name fob Title Years P'ho elEma l Ater Hrs. David Vincent CEO Pounder 561.506.8293 Yes Nicholas Petrino VP 2 561.856.6129 Yes Jason Dort. Supervisor 5 561.460.8610. No Vincent&Sons Landscaping Inc, ATTACHMENT `°H" BIDDER'S INFORMATION AND PAST PERFORMANCE Name of Organization: C 1 Street Address: F 33(-( 1. Mailing Address (if different): City, State, Zip: Telephone No.: . ,, ( 2,9 Fax No.: Email Address of Contact Person: PositionlTitle of Contact Person: v Ownership Status-is the company currently for sale or involved in any transaction to expand or to be acquired by another business entity's If yes, please explain the impact to the organization and management efforts. Age of Organization- In continuous business since: Leadership - List Corporate Officers, Principals, Partners or owners of your organization with titles and addresses. If a publically held company, list Chair of the Board, CEO and President: Federal Identification No.: State of Incorporation & Registration No.: I A. _ If not a corporation, explain your status: � Professional References:. Provide three ( ) verifiable professional references as required by Paragraph 4.1.2: 635x3-2 Page 39 of 54 Contact Name/Company Address/Telephone/Email Scope of Work/Contract Dates of Amount Services 1. 5 'l aAc�CO) 2, 22 U )V.re-% O'n jL OA C V-\e,n Loeos(4,o "co Pre�oti Coo Anouck I . S--, Nnc 2'-'3 (0 C' Legal History. Has Bidder been involved ith any litigation within the past four(4)years? M Yes 7N o If Yes, list all civil and criminal legal actions as required by Paragraph 4.1.3 in a separate attachment in the following format: Case Number Description State --FD—is—p—os—iti—on--------] Page 40 of 54 ATTACHMENT "I" SCHEDULE OF SUBCONTRACTORS Bidder(s) are to submit a detailed listing of any subcontractor participation of any portion of this project for any reason.Attach additional pages if necessary. Project Title: CONTRACT FOR LANDSCAPING MAINTENANCE FOR THE PROPERTIES OWNED BY THE BOYNTON BEACH CRA Issuance Date: April 19, 2018 Bidder(s)' Name: Lcoa5CCvQ_,at �L (-)C- Name/Address/Phone of Type of Work to be Dollar Amount % of Total Subcontractor Performed Name: Address, 've c 1 k -�'t Phone: 5(p 1 -119 -6 Name: Address: Phone: Name: Address: Phone: 00963533-2 Page 41 of 54 ATTACHMENT "J" DRUG-FREE WORKPLACE CERTIFICATION In accordance with Florida Statute 287.087, 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, proposals, or replies, that are equal with respect to price, quality and service, are received by the Boynton Beach Community Redevelopment Agency for the procurement of commodities or contractual services, a bid proposal, or reply 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 tied 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, Florida Statutes 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 Signature L;Uh L 1 43 C. Rx`11 r)C) Pript Name V k(e- Title Date 0096353�_2 Page 42 of 54 ATTACHMENT 411(" LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT When seeking local business preference status, a Bidder must complete and file a written statement as follows: WRITTEN -,ITTEN STAT EI T REQUESTING LOCAL BUSINESS STATUS IQl(k)(Aaf,lac [OFFICER OF COMPANY] Under penalty of pqrjury, I certify: I am an authorized representative of lnce& (�nd 'aisc-coo;ix" Ity - [NAME OF COMPANY] (Bidder)and on behalf of the Bidder request that it be deem`edto)bea local business for purposes of the ITB. The following answers accurately reflect the status of the business seeking local preference. Answering yes to question 1 and question 2 will qualify the business as a local business. In support of this request I certify the following information as being true and correct: Name of Business (1) Is the business located within YesNo Number of Years: the City limits of Boynton Beach, Florida? (2) Does the business have a �Yes No0 Business License Number: business tax receipt issued in the current year? (3) Is the business registeied—ne �—No with the Florida Division of Corporations? I Cca-0,3 I understand that misrepresentation of any facts in connection with this request may be cause for disqualification of this bid.. I also agree the Bidder is required to notify the BBCRA in writing should it cease to quali l siness. Bidder's Signaure d nm Print Name Title L4 Date 00963sa3-2 Page 43 of 54 ATTACHMENT "U] INSURANCE REQUIREMENTS Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall, at his/her/its own expense, provide and maintain in force, until all of its services to be performed under the Standard Form of Agreement have been completed and accepted by the BBCRA(or for such duration as it otherwise specified herein), the following insurance coverages: A. Workers Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. B. Comprehensive General Liability with minimum limits of one million dollars($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy,without restrictive endorsements other than ISO Endorsement GL 21 06,as Filed by the Insurance Services Office and must include: 1. Premises and/or Operations 2. Independent Contractors 3. XCIS Coverages. 4. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 5. Personal Injury Coverage with employee and contractual exclusions removed. C. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include- 1. Owned Vehicles 2. Hired and Non-Owned Vehicles 3. Employers' Non-Ownership D. The BBCRA and The City of Boynton Beach shall be named as an additional insured on the Contractor's policies and a waiver of subrogation shall be provided for all policies. Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 City of Boynton Beach 100 E. Boynton, Beach Blvd. Boynton Beach, FL 33435 00963533.2 Page 44 of 54 ATTACHMENT "Mr! STANDARD-FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT ("Contract") made by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter called "Owner'), and imak Cea Gcw,-s-LLC a Florida Corporation, with a business address of 122t�(.2i L t�-\Ukff rtk �S6 hereinafter �2 Galled "Contractor"). Collectively, Owner and Contractor may be referred to astheParties, and individually as Party. WI T N E S E T H: In consideration of the mutual covenants, promises, and consideration hereinafter set forth, the sufficiency of which both Parties hereby acknowledge, Owner and Contractor agree as follows: Article I. Work. 1.1 The Contractor will perform work as shown in the"Scope of Work", which is attached to this Contract as Exhibit "A", and incorporated herein by reference. The Invitation to Bid issued by Owner attached hereto as Exhibit "B" and Contractor's bid in response to the Invitation to Bid attached hereto as Exhibit "C," are also incorporated herein by reference. 1.2 Contractor shall perform the Scope of Work (also referred to as "Work") as identified in Exhibit "A" attached hereto and made a part hereof, for two (2) years, commencing on 12018 and ending on 2020. This Contract may be renewed for one(1)additional one- year term upon the execution of a written amendment to this Contract by both parties, 1.3 Contractor shall provide a monthly maintenance schedule in a format acceptable to Owner for the Scope of Work identified in Exhibit"A." The maintenance schedule shall be updated by Contractor throughout the term of the Contract. 1.4 Contractor shall furnish all services, labor, equipment, and materials necessary and as may be required for the Work or in the performance of this Contract, except as otherwise specifically provided for herein, and all work performed under this Contract shall be done in a professional manner. 1.5 Contractor hereby represents to Owner, with full knowledge that Owner is relying upon these representations when entering into this Contract with Contractor, that Contractor has the expertise, experience, equipment, capability, and manpower to perform the Work.All of the Work shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the Work shall be fully qualified, competent, and, if required, licensed or permitted under state and local law to perform such work. 1.6 Contractor hereby represents to Owner that Contractor is properly licensed by the applicable federal, state, and local agencies to provide the Work under this Contract. Furthermore, Contractor agrees to maintain such licenses as may be necessary to perform the scope of work during the term of this Contract. If Contractors license is revoked, suspended,or terminated for any reason by any governmental agency, Contractor shall notify the Owner immediately. 1.7 Contractor hereby agrees to conduct all Work and services under this Contract in accordance with all the applicable federal, state, City of Boynton Beach, Owner, Palm Beach County, and local laws, rules, ordinances, OW63533-2 Page 45 of 54 or regulations. A violation of any federal,state, City of Boynton Beach, Owner, Palm Beach County, or local law, rule, ordinance, or regulation may be considered a breach of this Contract, allowing the Owner to terminate this Contract. Article 2. Owner's Representative. 2.1 The Owner's Representative for this Contract shall be the BBCRA's Assistant Director, or designee. 2,2 The Owner's Representative shall have general supervision and direction of the work. He/She has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He/She shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. 2.3 The Owner's Representative shall, upon presentation to him/her, make prompt decision in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract. Article 3. Change in Scope of Work. 3,1 The Owner, without invalidating the Contract, may order additions to or deduction from the work in which event, the monthly invoice will be adjusted accordingly. If actual services to be provided differ from the Scope of Work provided for in the attached "Scope of Work," the Owner will pay the Contractor based on an agreed upon price. Any claim for extension of time must be identified and adjusted at the time of ordering such change. Any changes in the Scope of Work and/or the Total Contract Price shall be through the execution of a Change Order signed by both parties. Any change order which increases the Total Contract Price by more than$15,000 shall require the approval of the BBCRA Board, Article 4. Subcontractors. 4.1 The Contractor shall, as soon as possible after the signing of the Contract, notify the Owner's Representative in writing of the names of all proposed Subcontractors for the work, said Subcontractors to be subject to the approval of the Owner's Representative. Future addition or replacement of Subcontractors may be allowed subject to approval of the Owner's Representative. 4.2 The Contractor agrees that he is as fully responsible to the Owner for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them, as he/shefit is for the acts and omissions of persons directly employed by them. 43 Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Owner. Article 5. General Conditions 5.1 The Contractor shall protect all materials and workers against injury from any cause and shall provide and maintain all necessary guards for the protection of the public. He shall be held responsible for his negligence in the prosecution of the Work. 5,2 Upon completion, all debris and waste materials resulting from operations shall be removed from the project and disposed of legally by the Contractor. 5.3 This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Contract and not the Owner's employee. W9635313-2 Page 46 of 54 The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractors activities and responsibilities hereunder provided, further that administrative procedures applicable to Work or services rendered under this Contract shall be those of Contractor, which policies of Contractor shall not conflict with Owner or State policies, rules or regulations relating to the use of Contractors funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the Owner, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the Owner and the Owner will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. Article 6. Compensabon; Form of Payment. 8.1 Contractor will submit an invoice every month in the amount of $ for Work completed the previous month. Owner will pay Contractor within 30 days of receipt of Contractor's invoice and in accordance with the Local Government Prompt Payment Act, Section 21 .70, et al., Florida Statutes. The amount of the invoice and payment shall not change, unless another amount is agreed to in writing by both parties, or unless the amount is changed pursuant to another provision of this Contract. Reasons for change in invoicing and payment include, but are not limited to. changes in scope of work, claims for extra cost, default or breach of Contractor, and incomplete or incompetent work. All Payments shall be in the form of a Owner check made payable to the Contractor. No payment made under this Contract shall be conclusive evidence of the performance of this Contract by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Work, Article 7. Claims for Extra Cost. 7.1 If the Contractor claims that any instructions issued after the date of the Contract involves extra cost under the Contract, he shall give the Owner's Representative written notice thereof within two(2)days after the receipt of such instructions, and in any event before proceeding to execute the requested work. In cases of an emergency endangering life or property, the procedure shall then be as provided for in Article 3 Changes in the Scope of Work. No such claim for additional work shall be valid unless made in conformance with this Contract. 7.2 Extra work not included in Article 1 of this Contract, but authorized after the date of the Contract that cannot be classified as within the scope of work may be done at mutually agreed price, or on a lump sum basis. Article 8. Insurance Coverage. The Contractor shall obtain all insurance required by the Owner and provide proof thereof prior to performing the work, and include in such proof the Certificate of Insurance.The Owner and the City of Boynton Beach shall be named as an additional insured on the Contractors policies(including products) with respect to liability arising out of work performed by the Contractor or acts or omission of the Contractor in connection with the work or this Contract. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Contract or the work performed as a result of this Contract. The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 0D%3533-2 Page 47 of 54 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 8.1 Workers Compensation Insurance to apply to all of the Contractors employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. In addition,the policy must include Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. 8.2 Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy,without restrictive endorsements other than ISO Endorsement GL 2106, as Filed by the Insurance Services Office and must include: a. Premises andlor Operations b. Independent Contractors C. XCU Coverages. d. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement, e. Personal Injury Coverage with employee and contractual exclusions removed. f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency with thirty (30) days written notice of cancellation and/or restriction. 83 Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance service Office and must include: a. Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. C. Hired and Non-Owned Vehicles. d. Employee Non-Ownership. e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency and the City of Boynton Beach with thirty (30) days written notice of cancellation and/or restriction. Article 9. Indemnification; Waiver. 9.1 The Contractor shall indemnify, save, and hold harmless the Owner, the City of Boynton Beach, and all Owner and City of Boynton Beach agents, officers, and employees from any liability, claim, demand, suit, loss, W963533-1 Page 48 of 54 cost, expense or damage (including attorneys' fees, such as attorneys' fees at the trial and appellate levels) which may be asserted, claimed,or recovered against or from the Owner, its agents,or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment(including equipment installation and removal)of the Contractor. Nothing in this Contract shall be deemed to affect the rights, privileges, and sovereign immunities of the Owner or the City of Boynton Beach as set forth in Section 768,28, Flor7da Statutes.This paragraph shall not be construed to require Contractor to indemnify the Owner for its own negligence, or intentional acts of the Owner, the City of Boynton Beach, or the Owner or City of Boynton Beach officers, agents, or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 9.2 Owner shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Work or this Contract, whether such damage or injury occurs before, during, or after the Work or termination of this Contract. The Contractor hereby forever waives, discharges, and releases the Owner, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. Article 10. The Owner's Right to Terminate Contract. 10.1 Contractor's failure to perform or comply with the provisions set forth in this Contract shall constitute a default and breach of this Contract. Examples of failure to perform include but are not limited to: failure to complete Work by a deadline (except in cases for which extensions of time are provided); failure to supply enough properly skilled workman or proper materials to completely perform the Work- failure to make prompt payments to Subcontractors or for materials or labor; violating or disregarding laws, ordinances, or the instructions of the Owner's Representative',and otherwise failing to completely or competently perform the Work. If a default or breach should occur, Owner's Representative may, without prejudice to any other right or remedy, terminate this Contract by providing seven days'written notice to Contractor that sufficient cause exists to justify terminating this Contract, and require that Contractor stop all work. In such cases the Contractor shall not be entitled to receive any further payment. 10.2 Owner may terminate this Contract if the Contractor should be adjudged bankrupt, if the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Contractor's insolvency, 10.3 Notwithstanding the other provisions in this Contract,the Owner reserves the right to terminate the Contract at any time upon providing thirty(30)days written notice to the Contractor. 10.4 If Contractor fails to adequately perform the Work, Owner may, but is not obligated to, substitute another contractor for Contractor to perform the Work as required by this Contract. Article 11. Contractor's Right to Stop Work or Terminate Contract. If the work should be stopped under an order of any court, or other public authority for a period of three months, through an act or fault of the Contractor or of anyone employed by him, or if the Owner falls to make a payment within thirty days after it is due, then the Contractor may, upon seven days' written notice to the Owner and the Owner's Representative, stop work or terminate this Contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials. 110%353,3-2 Page 49 of 54 Article 12. Miscellaneous 12.1 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. 12.2 Public Records. The Owner is a public agency subject to Chapter 119, Florida Statutes. Contractor shall comply with Florida's Public Records Law. Specifically, Contractor shall: a. Keep and maintain public records required by the Owner to perform as described in this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the Owner, d. Upon completion of the contract,transfer, at no cost,to the Owner all public records in possession of Contractor or keep and maintain public records required by the Owner to perform the service. If Contractor transfers all public records to the Owner upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract,Owner shall meet all applicable requirements for retaining public records.All records stared electronically must be provided to the Owner, upon request from the Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561 737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or SirrionP (cDbbfl.u,s The Contractor also understands that Owner may disclose any document in connection with performance of the Work or this Contract, so long as the document is not exempt or confidential and exempt from public records requirements. 12.3 Legal Representation;Jointly Drafted. The Parties declare that the terms of this Contract have been read and are fully understood. The Parties understand that this is a binding legal document, and it is further acknowledged that each Party has been advised to seek legal representation concerning the matters herein and had the opportunity to be represented by counsel in the preparation of this Contract, Accordingly,the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein. This Contract shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. 12.4 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by Owner and shall be kept W90533-2 Page 50 of 54 for a period of three (3) years after the completion of all work to be performed pursuant to this Contract. Incomplete or incorrect entries in such books and records will be grounds for disallowance by Owner of any fees or expenses based upon such entries. 12.5 Assignments; Amendments. Contractor shall not assign, transfer or otherwise encumber, under any circumstances, this Contract or any interests herein without the prior written consent of Owner. For purposes of this Contract, any change of ownership of Contractor shall constitute an assignment which requires Owner approval; otherwise, Owner may, at its option, terminate this Contract with no further liability. However, this Contract shall run to the Owner and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by all parties to this Contract. 12.6 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the Owner shall have the right to terminate the Contract without liability at its discretion,to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration, 12.7 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is ti intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the Owner designate the following as the respective places for giving of notice: Owner: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N, Federal Highway Boynton Beach, FL 33435 Telephone Number(561)600-9091 Facsimile Number(561) 737-3258 Copy To: Lewis Longman &Walker, P.A. Tara Duhy, Esq. 515 North Fla ler Drive Suite 1500 West Palm Beach, Florida 33401 Telephone Number(561)640-0820 Contractor. Contractor name and address Telephone Number Facsimile Number 12,8 Binding Authority. Each person signing this Contract on behalf of either party individually warrants that he or she has full legal power and has been duly authorized to execute this Contract on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Contract, 12.9 Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract, The exhibits if not physically attached should be treated as part of this Contract and are incorporated herein by reference, In W963533-2 Page 51 of 54 the event of a conflict between the portion of this Contract above the signatures and an exhibit, the terms of the portion of the Contract above the signatures shall prevail. 12.10 Severability. If any provision of this Contractor application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.11 Governing Law, Venue. This Contract shall be governed by, and construed and enforced in accordance with,the laws of the State of Florida and the United States of America,without regard for conflict of law pdriciples. Venue and jurisdiction for all purposes shall be in in Palm Beach County, Florida, to which the Parties expressly agree and submit. 12.12 Extent of Contract. This Contract represents the entire and integrated Contract between the Owner and the Contractor concerning the subject matter herein and supersedes all prior and contemporaneous negotiations, representations, understandings, or agreements, of any kind or nature, either written or oral. 12.13 Waiver. Failure of the Owner to insist upon strict performance of any provision or condition of this Contract, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition,or right, but the same shall remain in full force and effect. Owner may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Contract, but such waiver shall be deemed effective only if the waiver is in writing executed by all Parties. 12.14 Attorney's Fees. In the event that either party brings suit for enforcement of this Contract, the prevailing party shall be entitled to attorney's fees and court costs, including those at both the trial and appellate levels, in addition to any other remedy afforded by law. 12.15 Protection of Property. At all times during the performance of this Contract,the Contractor shall protect the Owners property from all damage whatsoever related to the work being carried on under this Contract. 12.16 Counterparts and Transmission, To facilitate execution, this Contract may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e., via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 12.17 No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Contract, 12.18 Survival. The provisions of this Contract regarding indemnification, waiver, insurance, records, public records, binding authority,_gQ_shall survive the expiration or termination of this Contract and remain in full force and effect. 12.19 Effective Date and termination. This Contract will become effective at the date and time that the last party signs this Contract. Unless earlier terminated pursuant to this Contract, this Contract will automatically terminate after receipt of Contractor's last invoice (which shall be dated no later than ) and payment by the Owner, or on -----__2020 whichever occurs first. Nothing in this paragraph shall be construed so as to affect the Owner's right to cancel or postpone the Work pursuant to this Contract. 00963533-2 Page 52 of 54 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year written below. OWNER. Boynton Beach Community Redevelopment Agency Steven B. Grant, Chairman Date: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2018 by Steven B. Grant, as Chairman of the Boynton Beach Community Redevelopment Agency. who is personally known to me. NOTARY PUBLIC My Commission Expires: SIGNATURES CONTINUED ON NEXT PAGE. 00963M? Page 53 of 54 CONTRACTOR: By: Print Name.- Titles t) -e T Date: a STATE OF FLORIDA } COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to administer oaths£ nd take acknowledgments, personally appeared til, �� ? - � z_ -, as ' � authorized to do business in the State of Florida, apd acll nowledged executed the foregoing Contract as the proper official of Ery 8 5 � a AL , for the use and purposes mentioned in it and that the instrument is the act and deed of that company. He/She is personally known to me or has producer 1- as identification.. IN WITNESS OF THE FOREGOING, I have set my hand and official sea] at in the State and County aforesaid on this I c[ day of , 2018. NOTA PUBLIC My Commission Expires. to ` v � JOSEPH ZiMMERMN Notary Public-Siete at Florida N $` Comr ission#FF 990083 icy Comm Expires May B.2920 aa�ss -z Page 54 of 54 City of Boynton Beach `,I ,fr Development Services 166 E Baynton Blvd Boynton Beech,FL 33425-0196 ' SINGLE-PIECE 1 SGL 11073,600AIN-A-1 1 SP X3.476 �sl�l�l�llll ,ll�llllllll�lll�llcIl�llr'�flll��t�� ll'Illll VINCENT AND SONS LANDSCAPING I PO BOX 20665 WEST PALM BEACH FL 33116-6605 [dear Boynton each Business and Property Owners: We appreciate your continued participation in supporting economic growth and viability of our City by maintaining your Certificate of Use and Occupancy&vocal Business Tax,. In accordance with Chapter 13 of the City of Boynton Beach MuniGipal Ordinance, the document(s) below must be posted in a conspicuous place at your business or property. Should assistance be needed please contact the Development Set-vices Department at(561)742-6350 or visit our website at www.boynton-beach.org. 40 DETACH THE DOCUMENT BELOW AND POST CONSPICUOUSLY AT YOUR'PLACE OF BUSINESS Receipt kkCity of Boynton Beach Certificate of Use/Business Tax Expires er 30, 2018 Business Control Number: 0034312 Business Name; Vincent And Sons Landscaping I Date Issued: 04/04/18 Business Location; 1220 W Industrial Ave ,any changes in name, address, suite, ownership, etc. will require a new application. COUIBTR Number Classification Code Classification Additional Inforrmation 18-00049746 561110 OFFICES EXECUTIVE&ADMINISTRATIVE OFFICE SPACE FOR LANDSCAPING COMPANY City of Boynton Beach jr 100 E Boynton Blvd e Boynton Beach, FL 33425-0190 Request for Taxpayer Form to the w $a Idea fi .ea Number and Certification �. not ._ �1�; tot €zn S ■C-to a nrnwr ix yorf iM1 for iru e zM--9. an '�t-a n r � a-rX _ Ci c or �a1 a� F 4LLZ a Mt c F F- --�e � 0 —rear cfe)eL CI amt :L a i i3 er a f .0 i T of ° cabon Humber(°i N) _4, _.� . %, �rr: r, on I a � -te r= F _ . �- -y yr rx� w ,. � for 1 I,Iatw.Foc oth_ _ E '5? Via— mrncer 031Mf.,If you dor > a a' °,se*He w to rpt ' -- or i a a"s a �» s r: +w; x for LM 1.Also SSW iftd P are �773TM � er�sto�Cerfificabon Ls.Is" f - 1_ire rr ; seuom co tjEs form is mi cczrberor asn wGRiN for a number to be u�4 to me);acrd Oar c s € Ieln---V-ftmcedar 5 •-rz t I a= r to }x i� not been notifiad by the In'terral PL-Yenue as a r zfr ci a f in report�a.,9 -,terms sari ukJIMk ,or I has r me I an a U.S.---I ce rev US.Puux+(de6--md hev" ,ar+d 4_Tre,ire, FAT CA r &Ys)a cc.=zs fo (if s,-r6 I am exempt frs m FATCA repoM g is correct, clerdAzagm You rr-zt rrrsc ;a2 z�wyou tz.ybeen Wed WV--e Mst -andlftnm s hzm tai5d is rwxrt as= ; &tdqxEs CO§�-r tax rerm rea3 asw--v im ,4--n 200 not aWy.For mongage Ljte,EsjMo, acam=Gn sX a sa`sem^»r pwe'-r, ofd to an actual r I a�a st'irast� r atadd +et�.tanners = ir-ur 7ycv a e rte: tcs der ycea rr t yac oma,t i I td SeO the hstvaWz for Pert il.Wer. r. Here U Daft - General Instructions fuFor- 1099-DIV indLK ittg ttnose frown stooks or mutLW are!or* .-Amal Code! ctber*isae i Somn 1 tSG(various types4t irxxme,prj7es,awerds,q 5. s readdnvioj�.For To F=- n W-9 ,d hst# ixv- W9xAE .Fors 1099-8(std or ra ua9 nd sags aruf outain o,l y Via'p� �, to�rJr--g�rl�- by brokers) .Form 1091-4-S f-om real mate " ) Purpose of For •Form 1 D39-K herdlant card ea d ttvxd Icy network transa ) r or {¢Form W-9 r e is req=vd to f5a an •Form 1 M RK=e morgage inter },109 -E(Mdent loan interest), _r •�r M!I A-Sc n May to Your s� .Forma 1�fca ed dbbt) X"* ter" • nor PM, .Form 1593-A(araaszWmri or of } w2' 's—*' rtrn er(A7DTj,or property) d 'tom. CE",to re-'01 ort an Iorrr�re Lvn I:F ar�paid to You,or o tw Use Form W-9 tardy if YOU We a U.S.Person(Induding a rodent arra-Yd r to an aMf re ,raa„r axnpl x si jW .0mlalio, a' n),to i ro' yota'=Tect.TIK. re arms`r4* ,but are teat to,me fomo.' If you do not return Firm W-9 to the mquester with a FPt,yaar rni-071 • Form 1 W,.+41 Cr xrad or pad) be subjee't to bat;WP MffWxWdvV See V has is backup Mtht okfing, Wer.. CUL lio.IMIX. ---_- --. F'XMw-9(dt.eu.11-2oT7) Scanned by CarnScanner VIN A#lND-01 IWEINBERG ` ► '� CERTIFICATE OF LIABILI INSU INCE FDATE(M 1�41z6e20�s12018Y) THIS CERTIFICATE. I5 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TIME POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT.. if the certificate holder is an ADDITIONAL INSURED,the policy(iss)must have ADDITIONAL INSURED provisions or be endorsed,. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). _._.. . � PRODUCER License#L094577 NaraTacT Jason Weinberg Seeman Holtz Property and Casualty �A Inc. PHONE _ 301 Yamato Rd,,Suite 2250 (arc,No,Ext) Boca Retort,FL 33431 , ® Ess.JWE#N E6;G SEEMANVHOLTZPC.CC3M' _ _ _. 1NSURE.RI$I AFFORDINfi,+COVERAGE NAIL 0 INspi EgA.AmTrust Financial services,Inc. INSURED _INsuF R.B-Guard.Insurance Ciampanies Vincent and ra"On$Landscaping David Vincent -Commerce and Industry Insurance COMP t 41{f David V P.O.Box 24605 INSURER n West Palm Beach,FL 33416 INSURER E; INSURER F: .. __..... _. __..._.. .. COVERAGES CIRTIFICATE NUMBER;. REVISION NUMBER: - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN„ THE. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _..._ — _ iAtSR TYPE OF INSURANCE ADDL SUFfR, PCSLICY E.F Pi7LiYyI 7CP —_ LfMITs _ sa FLSWGY NUMBi=rt YY _... A X COMMERCIAL GENERALLIAs1UTY 1,000,000 TEACH OCC4RRENCE $ CLAIMS-MADE X OCCUR WPP159690500 1111612017 1111612018!DAMAGETEMISESOarQnqe) �..__ tOtl,(Itlp _MEL W{Any cs�a psrsan) 5,000 _PERSONAL.SAaV INJURY 1,000,000 GEN1'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE2,000,000 X POLICY jECT _LOC ' PRODUCTS -COMPrOP a _ 2,000,000AGG OTHER -. -AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,11110 { OWNE TC VIAU97 248 01125120181 0112512019 BODILY IWuRY(Rer.persany S 1 S _ Q VN£D SCHEDULED AUTOS ONLY AJT£55 BODILY INJURY LPeP aecidenCj S RLRTCEE PROPERTY ANLAGE ._..... 3�ONLY AUfip rL {Psraccidentp� _..._.. . ._ _ s C UMBRELLA LIAR X. OCCUR - +£ACH C1C,CURRENCE 1,000,000 X EXCESS LIAR CLAIMS MADE' EBU 011403299 101115/2018 0111512019,AGGREGATE DE} ':. RETENTION S - .Aggregate .,, .., ._.1„000,000.. A WORKERS COMPENSAnON ST TLIIE. £ORTH- AND EMPLOYERS”LIABILITY _._. ANY PRCPR]ETOFUPARTNERIEX'ECUTI'VE YIN �AWC1103499 0412812018 041281201'9' 1--.000,000 QwF10E p,rMEM$ER EXCLUDED` N/A� i EL; EACH,ACC0ENT ..... $ _ > IMandat�fry in N9H} E.L QISEasE-£A EMPIy7Y£E $ 1,000,000 If yes.,des0ls e under ! _... ... ......._._ _..... DESCRIPTION OF OPERATIONS below - E,L.[71,SEASE-POLICY LIM17 :S 1,000,000 DESCRIPTION OF OPERATIONS!'LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) -_... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Vincent and Sorts Landscaping THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN David Vincent ACCORDANCE WITH THE POLICY PROVISIONS. West.Palm Beach,FL 33416 -- AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD O E m v n c op a m = O �^ v c � u Y z z z x > > > > > > > > z z z w O o m V 0 N V1 C O O •a Q n YI' Ul O V1 U1 p0 O II �n z z z VO O � � O VI N1 N' V1 C o W Ul O O W J O O C O u o ti m c om �d z D m m v o H a c E o Z o O1 w O q m N o o - N u T uT O ap '�n jH C N a z > > > > > > x 0 Z Z Z W O M Z W Z O O U O y H m Z U K Z Nn W O U o p Q m Q u W p Z W V z C O N O V1 Z 0 m IN ui Ol Q ^ o c C o v X > > > > > > > > ' z z vl - w �o" M. CL D w o `^ 'n o0 0 U o m 0 d r Z c N � J > o c w m � o o a � � v 0o v umi o 00 `o II o o Q c -O ¢ ¢ ¢ .o u Q > > > > > > Z z z c 2 w xo ^ m r o o o o oo 0 o z N M. J U} Q H OD m O c c V w W O m O a O W W W O V -- � oaL+ m N o 3 m ,� -m Y Y d W Y Y a V W O C C o O o Q V V O w ¢ ¢ OBD Y y V E O o O � W Q " 3w Y C T O O F V Y w W LL m N -O o > O v v ei ¢ . m m W O -O - m d 2 m a+ Bw F Y -O I L ?D m ry ? o `� V V K U, ¢ O] v d m N 0 O W C OD OD W on O Y m N 'O ¢ ¢ W m V O w V1 Y o o Q o 0 E E lo lo o U1 C o 0 o C o 0 0 '�O- o m m '> o d m o_ m m Q m m m m- m O u u m c Y Y O Y Y Y Y Y Y o Y Y Y Y Y Y '� (7 Q v D N LLL-10i Q Q Q Q v Q Q Q a Q Q Q ii Q Q Q � x z STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR DRAFT THIS AGREEMENT ("Contract") made by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter called "Owner"), and , a Florida Corporation, with a business address of (hereinafter called "Contractor"). Collectively, Owner and Contractor may be referred to as the Parties, and individually as Party. WITNESETH: In consideration of the mutual covenants, promises, and consideration hereinafter set forth, the sufficiency of which both Parties hereby acknowledge, Owner and Contractor agree as follows: Article 1. Work. 1.1 The Contractor will perform work as shown in the "Scope of Work", which is attached to this Contract as Exhibit "A", and incorporated herein by reference. The Invitation to Bid issued by Owner attached hereto as Exhibit "B" and Contractor's bid in response to the Invitation to Bid attached hereto as Exhibit "C," are also incorporated herein by reference. 1.2 Contractor shall perform the Scope of Work (also referred to as "Work") as identified in Exhibit "A" attached hereto and made a part hereof, for two (2) years, commencing on , 2018 and ending on , 2020. This Contract may be renewed for one (1) additional one- year term upon the execution of a written amendment to this Contract by both parties. 1.3 Contractor shall provide a monthly maintenance schedule in a format acceptable to Owner for the Scope of Work identified in Exhibit"A." The maintenance schedule shall be updated by Contractor throughout the term of the Contract. 1.4 Contractor shall furnish all services, labor, equipment, and materials necessary and as may be required for the Work or in the performance of this Contract, except as otherwise specifically provided for herein, and all work performed under this Contract shall be done in a professional manner. 1.5 Contractor hereby represents to Owner, with full knowledge that Owner is relying upon these representations when entering into this Contract with Contractor, that Contractor has the expertise, experience, equipment, capability, and manpower to perform the Work.All of the Work shall be performed by the Contractor, or under Contractor's supervision, and all personnel engaged in performing the Work shall be fully qualified, competent, and, if required, licensed or permitted under state and local law to perform such work. 1.6 Contractor hereby represents to Owner that Contractor is properly licensed by the applicable federal, state, and local agencies to provide the Work under this Contract. Furthermore, Contractor agrees to maintain such licenses as may be necessary to perform the scope of work during the term of this Contract. If Contractor's license is revoked, suspended, or terminated for any reason by any governmental agency, Contractor shall notify the Owner immediately. 1.7 Contractor hereby agrees to conduct all Work and services under this Contract in accordance with all the applicable federal, state, City of Boynton Beach, Owner, Palm Beach County, and local laws, rules, ordinances, or regulations. A violation of any federal, state, City of Boynton Beach, Owner, Palm Beach County, or local law, 00963533-2 rule, ordinance, or regulation may be considered a breach of this Contract, allowing the Owner to terminate this Contract. Article 2. Owner's Representative. 2.1 The Owner's Representative for this Contract shall be the BBCRA's Assistant Director, or designee. 2.2 The Owner's Representative shall have general supervision and direction of the work. He/She has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He/She shall also have authority to reject all work and materials which do not conform to the Contract and to decide questions which arise in the execution of the work. 2.3 The Owner's Representative shall, upon presentation to him/her, make prompt decision in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract. Article 3. Change in Scope of Work. 3.1 The Owner, without invalidating the Contract, may order additions to or deduction from the work in which event, the monthly invoice will be adjusted accordingly. If actual services to be provided differ from the Scope of Work provided for in the attached "Scope of Work," the Owner will pay the Contractor based on an agreed upon price. Any claim for extension of time must be identified and adjusted at the time of ordering such change. Any changes in the Scope of Work and/or the Total Contract Price shall be through the execution of a Change Order signed by both parties. Any change order which increases the Total Contract Price by more than $15,000 shall require the approval of the BBCRA Board. Article 4. Subcontractors. 4.1 The Contractor shall, as soon as possible after the signing of the Contract, notify the Owner's Representative in writing of the names of all proposed Subcontractors for the work, said Subcontractors to be subject to the approval of the Owner's Representative. Future addition or replacement of Subcontractors may be allowed subject to approval of the Owner's Representative. 4.2 The Contractor agrees that he is as fully responsible to the Owner for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them, as he/she/it is for the acts and omissions of persons directly employed by them. 4.3 Nothing contained in the Contract shall create any contractual relation between any Subcontractor and the Owner. Article 5. General Conditions 5.1 The Contractor shall protect all materials and workers against injury from any cause and shall provide and maintain all necessary guards for the protection of the public. He shall be held responsible for his negligence in the prosecution of the Work. 5.2 Upon completion, all debris and waste materials resulting from operations shall be removed from the project and disposed of legally by the Contractor. 5.3 This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Contractor is an independent contractor under this Contract and not the Owner's employee. 00963533-2 Page 2 of 10 The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to Work or services rendered under this Contract shall be those of Contractor, which policies of Contractor shall not conflict with Owner or State policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the Owner, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the Owner and the Owner will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. Article 6. Compensation; Form of Payment. 6.1 Contractor will submit an invoice every month in the amount of $ for Work completed the previous month. Owner will pay Contractor within 30 days of receipt of Contractor's invoice and in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. The amount of the invoice and payment shall not change, unless another amount is agreed to in writing by both parties, or unless the amount is changed pursuant to another provision of this Contract. Reasons for change in invoicing and payment include, but are not limited to, changes in scope of work, claims for extra cost, default or breach of Contractor, and incomplete or incompetent work. All Payments shall be in the form of a Owner check made payable to the Contractor. No payment made under this Contract shall be conclusive evidence of the performance of this Contract by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Work. Article 7. Claims for Extra Cost. 7.1 If the Contractor claims that any instructions issued after the date of the Contract involves extra cost under the Contract, he shall give the Owner's Representative written notice thereof within two (2) days after the receipt of such instructions, and in any event before proceeding to execute the requested work. In cases of an emergency endangering life or property, the procedure shall then be as provided for in Article 3 Changes in the Scope of Work. No such claim for additional work shall be valid unless made in conformance with this Contract. 7.2 Extra work not included in Article 1 of this Contract, but authorized after the date of the Contract that cannot be classified as within the scope of work may be done at mutually agreed price, or on a lump sum basis. Article 8. Insurance Coverage. The Contractor shall obtain all insurance required by the Owner and provide proof thereof prior to performing the work, and include in such proof the Certificate of Insurance.The Owner and the City of Boynton Beach shall be named as an additional insured on the Contractor's policies (including products) with respect to liability arising out of work performed by the Contractor or acts or omission of the Contractor in connection with the work or this Contract. A waiver of subrogation shall be provided for all policies. All Insurance must remain in force for so long as is necessary to cover any occurrence relating to, resulting from, or arising out of this Contract or the work performed as a result of this Contract. The following information must be included in the Certificate of Insurance for the additional insured: Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 00963533-2 Page 3 of 10 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 8.1 Worker's Compensation Insurance to apply to all of the Contractor's employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. In addition, the policy must include Employer's Liability with limits of$100,000 per person, $500,000 per occurrence and $100,000 per each disease. 8.2 Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and $1,000,000 minimum Property Damage Liability. Additionally, coverage shall also include $1,000,000 aggregate on products and completed operations; $2,000,000 general aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06, as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors C. XCU Coverages. d. Broad form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. e. Personal Injury Coverage with employee and contractual exclusions removed. f. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency with thirty (30) days written notice of cancellation and/or restriction. 8.3 Business Auto Policy. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance service Office and must include: a. Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b. Owned Vehicles. C. Hired and Non-Owned Vehicles. d. Employee Non-Ownership. e. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the Boynton Beach Community Redevelopment Agency and the City of Boynton Beach with thirty (30) days written notice of cancellation and/or restriction. 00963533-2 Page 4 of 10 Article 9. Indemnification; Waiver. 9.1 The Contractor shall indemnify, save, and hold harmless the Owner, the City of Boynton Beach, and all Owner and City of Boynton Beach agents, officers, and employees from any liability, claim, demand, suit, loss, cost, expense or damage (including attorneys' fees, such as attorneys' fees at the trial and appellate levels) which may be asserted, claimed, or recovered against or from the Owner, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment(including equipment installation and removal) of the Contractor. Nothing in this Contract shall be deemed to affect the rights, privileges, and sovereign immunities of the Owner or the City of Boynton Beach as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require Contractor to indemnify the Owner for its own negligence, or intentional acts of the Owner, the City of Boynton Beach, or the Owner or City of Boynton Beach officers, agents, or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 9.2 Owner shall not be responsible for any property damages or personal injury sustained by the Contractor from any cause whatsoever related to the Work or this Contract, whether such damage or injury occurs before, during, or after the Work or termination of this Contract. The Contractor hereby forever waives, discharges, and releases the Owner, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. Article 10. The Owner's Right to Terminate Contract. 10.1 Contractor's failure to perform or comply with the provisions set forth in this Contract shall constitute a default and breach of this Contract. Examples of failure to perform include but are not limited to: failure to complete Work by a deadline (except in cases for which extensions of time are provided); failure to supply enough properly skilled workman or proper materials to completely perform the Work; failure to make prompt payments to Subcontractors or for materials or labor; violating or disregarding laws, ordinances, or the instructions of the Owner's Representative; and otherwise failing to completely or competently perform the Work. If a default or breach should occur, Owner's Representative may, without prejudice to any other right or remedy, terminate this Contract by providing seven days' written notice to Contractor that sufficient cause exists to justify terminating this Contract, and require that Contractor stop all work. In such cases the Contractor shall not be entitled to receive any further payment. 10.2 Owner may terminate this Contract if the Contractor should be adjudged bankrupt, if the Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of Contractor's insolvency. 10.3 Notwithstanding the other provisions in this Contract, the Owner reserves the right to terminate the Contract at any time upon providing thirty (30) days written notice to the Contractor. 10.4 If Contractor fails to adequately perform the Work, Owner may, but is not obligated to, substitute another contractor for Contractor to perform the Work as required by this Contract. Article 11. Contractor's Right to Stop Work or Terminate Contract. 00963533-2 Page 5 of 10 If the work should be stopped under an order of any court, or other public authority for a period of three months, through an act or fault of the Contractor or of anyone employed by him, or if the Owner fails to make a payment within thirty days after it is due, then the Contractor may, upon seven days' written notice to the Owner and the Owner's Representative, stop work or terminate this Contract and recover from the Owner payment for all work executed, plus any loss sustained upon any plant or materials. Article 12. Miscellaneous 12.1 The OWNER and the CONTRACTOR each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. 12.2 Public Records. The Owner is a public agency subject to Chapter 119, Florida Statutes. Contractor shall comply with Florida's Public Records Law. Specifically, Contractor shall: a. Keep and maintain public records required by the Owner to perform as described in this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the Owner. d. Upon completion of the contract, transfer, at no cost, to the Owner all public records in possession of Contractor or keep and maintain public records required by the Owner to perform the service. If Contractor transfers all public records to the Owner upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, Owner shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the Owner, upon request from the Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561)737-3256; 710 North Federal Highway, Boynton Beach, Florida 33435; or S,i,mo,nM@bbfI.us The Contractor also understands that Owner may disclose any document in connection with performance of the Work or this Contract, so long as the document is not exempt or confidential and exempt from public records requirements. 12.3 Legal Representation; Jointly Drafted. The Parties declare that the terms of this Contract have been read and are fully understood. The Parties understand that this is a binding legal document, and it is further acknowledged that each Party has been advised to seek legal representation concerning the matters herein and 00963533-2 Page 6 of 10 had the opportunity to be represented by counsel in the preparation of this Contract. Accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein. This Contract shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. 12.4 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by Owner and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Contract. Incomplete or incorrect entries in such books and records will be grounds for disallowance by Owner of any fees or expenses based upon such entries. 12.5 Assignments; Amendments. Contractor shall not assign, transfer or otherwise encumber, under any circumstances, this Contract or any interests herein without the prior written consent of Owner. For purposes of this Contract, any change of ownership of Contractor shall constitute an assignment which requires Owner approval; otherwise, Owner may, at its option, terminate this Contract with no further liability. However, this Contract shall run to the Owner and its successors and assigns. It is further agreed that no modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by all parties to this Contract. 12.6 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this provision, the Owner shall have the right to terminate the Contract without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 12.7 Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the Owner designate the following as the respective places for giving of notice: Owner: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 Telephone Number (561) 600-9091 Facsimile Number (561) 737-3258 Copy To: Lewis Longman &Walker, P.A. Tara Duhy, Esq. 515 North Flagler Drive Suite 1500 West Palm Beach, Florida 33401 Telephone Number (561) 640-0820 00963533-2 Page 7 of 10 Contractor: Contractor name and address Telephone Number Facsimile Number 12.8 Binding Authority. Each person signing this Contract on behalf of either party individually warrants that he or she has full legal power and has been duly authorized to execute this Contract on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Contract. 12.9 Exhibits. Each Exhibit referred to in this Contract forms an essential part of this Contract. The exhibits if not physically attached should be treated as part of this Contract and are incorporated herein by reference. In the event of a conflict between the portion of this Contract above the signatures and an exhibit, the terms of the portion of the Contract above the signatures shall prevail. 12.10 Severability. If any provision of this Contract or application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of this Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 12.11 Governing Law; Venue. This Contract shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard for conflict of law principles. Venue and jurisdiction for all purposes shall be in in Palm Beach County, Florida, to which the Parties expressly agree and submit. 12.12 Extent of Contract. This Contract represents the entire and integrated Contract between the Owner and the Contractor concerning the subject matter herein and supersedes all prior and contemporaneous negotiations, representations, understandings, or agreements, of any kind or nature, either written or oral. 12.13 Waiver. Failure of the Owner to insist upon strict performance of any provision or condition of this Contract, or to execute any right therein contained, shall not be constructed as a waiver or relinquishment for the future of any such provision, condition, or right, but the same shall remain in full force and effect. Owner may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Contract, but such waiver shall be deemed effective only if the waiver is in writing executed by all Parties. 12.14 Attorney's Fees. In the event that either party brings suit for enforcement of this Contract, the prevailing party shall be entitled to attorney's fees and court costs, including those at both the trial and appellate levels, in addition to any other remedy afforded by law. 12.15 Protection of Property. At all times during the performance of this Contract, the Contractor shall protect the Owner's property from all damage whatsoever related to the work being carried on under this Contract. 12.16 Counterparts and Transmission. To facilitate execution, this Contract may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 00963533-2 Page 8 of 10 12.17 No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Contract. 12.18 Survival. The provisions of this Contract regarding indemnification, waiver, insurance, records, public records, binding authority, shall survive the expiration or termination of this Contract and remain in full force and effect. 12.19 Effective Date and termination. This Contract will become effective at the date and time that the last party signs this Contract. Unless earlier terminated pursuant to this Contract, this Contract will automatically terminate after receipt of Contractor's last invoice (which shall be dated no later than _) and payment by the Owner, or on 2020 whichever occurs first. Nothing in this paragraph shall be construed so as to affect the Owner's right to cancel or postpone the Work pursuant to this Contract. IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year written below. OWNER: Boynton Beach Community Redevelopment Agency Steven B. Grant, Chairman Date: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of 2018 by Steven B. Grant, as Chairman of the Boynton Beach Community Redevelopment Agency, who is personally known to me. NOTARY PUBLIC My Commission Expires: SIGNATURES CONTINUED ON NEXT PAGE. 00963533-2 Page 9 of 10 CONTRACTOR: By: Print Name: Title: Date: STATE OF FLORIDA ) COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared , as authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of , for the use and purposes mentioned in it and that the instrument is the act and deed of that company. He/She is personally known to me or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this day of , 2018. NOTARY PUBLIC My Commission Expires: 00963533-2 Page 10 of 10 t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CRAADVISORY BOARD AGENDAITEM: 15.A. SUBJECT: CRAAdvisory Board Agenda-June 7, 2018 SUMMARY: See attached. CRA BOARD OPTIONS: No action required at this time unless otherwise determined by the Board ATTACHMENTS: Description D June 07, 2018 CRAAB Agenda t [O N� N' 'k B �r v H y,1 RA CRAAdvisory Board Meeting Thursday, June 7, 2018 -6:30 PM City Commission Chambers 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 561-737-3256 ADVISORYEN 1. Call to Order 2. Invocation 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Information Only A. Financial Report Period Ending April 30, 2018 6. Public Comment 7. Consent A. Approval of CRAAdvisory Board Meeting Minutes- May 03, 2018 8. Assignments A. Pending Assignments 1. None B. Reports on Pending Assignments 1. None C. New Assignments 1. None 9. CRA Board Items for CRAAdvisory Board Review and Recommendations A. Old Business 1. None B. New Business 1. Consideration of Community Caring Center of Greater Boynton Beach's Grant Application for the Boynton Beach CRA Non-Profit Organization Grant Program 2. Consideration of Habitat for Humanity of South Palm Beach County's Grant Application for the Boynton Beach CRA Non-Profit Organization Grant Program 10. Future Agenda Items A. Consideration and Discussion of Fiscal Year 2018/2019 Budget B. Boynton Beach Boulevard Streetscape Improvement Project Update C. Consideration of Proposals to the Cottage District Infill Housing Redevelopment Project 11. Adjournment Notice THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE INAND ENJOY THE BENEFITS OF A SERVICE, PROGRAM OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CRNS WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE. t 'k ,4"BOYN �r � � Y11 RA CRA BOARD MEETING OF: June 12, 2018 CRAADVISORY BOARD AGENDAITEM: 15.13. SUBJECT: Approval of CRA Advisory Board Meeting Minutes - May 03, 2018 SUMMARY: See attached minutes. CRAAB RECOMMENDATION: Approve the May 03, 2018 CRA Advisory Board Minutes ATTACHMENTS: Description D May 3, 2018 CRA Advisory Board Minutes MINUTES OF THE CRA ADVISORY BOARD MEETING IN CHAMBERS AT CITY HALL 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, MAY 3, 2018, AT 6:30 P.M. PRESENT: Robert Pollock, Vice Chair Michael Simon, CRA Executive Director James DeVoursney Theresa Utterback, Development Services Anthony Barber Manager Allen Hendricks (arr. 6:30) Bonnie Nicklien, Administrative Services Thomas Murphy, Jr. and Grant Manager, CRA Thuy Shutt, Assistant Director, CRA ABSENT: Renee Roberts, Social Media and Linda Cross, Chair Communications Specialist Rick Maharajh Lisa Edmondson, Prototype, Inc. I. Call to Order The meeting was called to order at 6:30 p.m. II. Invocation III. Roll Call Roll was called, and it was determined a quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda - None B. Adoption of Agenda Upon Motion duly made and seconded, the agenda was adopted as presented. Board Member Hendricks arrived at 6:30. V. Information Only Mr. Simon introduced the new CRA Social Media and Communications Specialist Renee Roberts, who was previously with the Boynton Beach CRA as the Business Development Marketing Special Events Assistant before becoming Marketing Director Meeting Minutes CRA Advisory Board Boynton Beach, Florida May 3, 2018 at Delray. Looking forward to Ms. Roberts to enhance and connect the presence of CRA to businesses by way of social media and communications expertise. A. Financial Report Period Ended April 30, 2018 B. Neighborhood Officer Program 2nd Quarter Report for FY 2017-1018 Sgt. Henry Diehl, Boynton Beach Police Department and the Neighborhood Officer Program reported: • Some problems with the office being closed down on 404 East MLK due to ceiling water damage from broken old drainpipes. Currently partially using Carolyn Sims Center and working out police cars. • The Department participated in the MLK Unity Fest and the Robert E. Wells Day in January. • After the February 14th shooting in Parkland, the Department stepped up patrols in both elementary schools in heart of Boynton, working with both principals who don't not have full time school resource officers. New State law requires that a police officer needs to be present at each school. Palm Beach County School District is still working through the process, so the Department is working through roles at Galaxy and Poinciana until they are filled. • Youth Symposium at Carolyn Sims Center. • Weekly meetings at Carolyn Sims Center with the Heart of Boynton Association. Mr. Simon asked what it means to be in the role of Resource Officer at Galaxy and Poinciana. Sgt. Diehl said the officers are there during school hours for the purpose of mentoring kids and for high visibility on safety aspect. Not there full time, but there during the day unless called away; and then back for pickup at the end of the day. Mr. DeVoursney asked what year of Community Outreach is underway and whether to continue as an outreach program or a hybrid of an enforcement role/outreach, to which Sgt. Diehl answered it is the third year of the program, funded in 2015, and discussions are underway to transition to a hybrid. Perhaps a ratio of Outreach to Enforcement could be 60:40 or 70:30. Beginning the 2nd quarter of this year there was an increase in shootings in the Heart of Boynton, especially, which resulted in stepping up assistance to Road Patrol due to short-staffing. Officer Diehl explained instances of such assistance primarily to calm and de-escalate situations. As to what help the CRA could provide, Sgt. Diehl said manpower is good, but a new office is needed, along with associated technology in such an office. Vice Chair Pollock asked for an overview of the program. Currently the program specifies that the Department builds trust, build bridges in the community by attending community meetings, etc., with increase in crime/shootings this year (which have settled down), there has to be enforcement along with community involvement to build trust; it will be a balancing act. The Neighborhood Officer Program (NOP) has already garnered trust in the community per a recent television news interview. 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida May 3, 2018 Vice Chair Pollock inquired about the annual budget for a new office. Mr. Simon said the total was between $13,800 and $14,400, with the current lease up on September 1St, a recommendation will be to not renew that lease. A discussion has been to change location into the Community Room of the new complex at Ocean Breeze East; more advantages and options for this and other locations were discussed for NOP program. Will use the next 12-18 months for investigating these various options for a permanent location. Mr. Hendricks asked about the best practices for a hybrid program. Sgt. Diehl said there has to be attention to not just doing "frivolous stuff," there had to be attention to curbing criminal behavior during the shootings. Now that these have diminished, maybe the NOP is working and the percentages should be studied to see what to enforce; otherwise trust could be jeopardized. VI. Public Comment • Chris Montague, 222 West Ocean Ave., Chair of Library Advisory Board. Seeking guidance on a contract for a music school he and his wife have for a music school at 211 East Ocean Avenue, the Magnussen House. It looks as though that contract will be canceled; would like to know if the building will be up for sale or up for lease again. Mr. Simon said, given the timing of the question and remaining active contract time period, it would not be professional to comment at this time. After May 14th the discussion would be more appropriate. • Mark Karageorge, 248 Main Blvd., commented on Tom Murphy's continued recovery, asking Community's continued support as he has helped countless people in this City. He personally commended work by officers in NOP as extremely effective not only in Heart of Boynton but in the schools with mentoring and interactions. Need to support this program with resources during this interim period, and to appreciate the staff during budget recommendations for the work being done. VII. Consent A. Approval of CRAAdvisory Board Minutes —April 5, 2018 A brief recap was given by Mr. Simon that the CRA Board supported funding for intersections at Woolbright, Ocean Ave., Boynton Beach Blvd., Martin Luther King Jr. Blvd.; other intersections were discussed, but only those four were approved at this time. There will be further opportunities for public input on additional matters, which will be posted on the City website. 3 Meeting Minutes CRA Advisory Board Boynton Beach, Florida May 3, 2018 Motion made by Mr. DeVoursney, seconded by Mr. Murphy, to approve the minutes of the April 5, 2018, meeting as presented. In a voice vote, the motion passed unanimously (5-0). VIII. Assignments A. Pending Assignments — None B. Reports on Pending Assignments — None C. New assignments from April 10, 2018, CRA Board Meeting — None IX. CRA Board Items for CRA Advisory Board Review & Recommendations A. Old Business — None B. New Business 1. Consideration of Grant Funding for the Boynton Beach CRA Non-profit Organization Grant Program. Vice Chair Pollock stated the CRA had recommended three options, to be opened for discussion. Mr. Barber read the following recommendations: • Option One — Recommend approval for the application of funding request as submitted by Community Caring Center of Greater Boynton Beach in the amount not to exceed $57,681 over a period of six months. • Option Two — Recommend approval for the application of funding request as submitted by Habitat for Humanity of South Palm Beach County in the amount not to exceed $40,000 over a funding period of twelve months. • Option Three — Do not recommend approval for Side Project, Inc. in the amount of $40,000 over a funding period of twelve months. Mr. Barber was curious as to why Community Caring is for six months while Habitat is for twelve months. Ms. Shutt stated each application has different programs and categories, and the applicant states in the application how long it will take to develop and successfully complete the program as long as milestones are provided for measurement of success. Habitat is delivering four new units as well as six rehab units, which requires building permits, etc. CCC has 30-years' experience with such projects and feels they can produce results in six months. As for Side Project, Inc., no such milestones were provided to even recommend approval. Mr. DeVoursney inquired about the "do not recommend approval" status of Option Three, how the Funding Evaluation Committee felt they did not make the mark. Ms. 4 Meeting Minutes CRA Advisory Board Boynton Beach, Florida May 3, 2018 Shutt gave the procedures for the Committee's recommendations and, when an application does not pass, the file must be closed before proceeding with the others. Motion made by Mr. DeVoursney, seconded by Mr. Hendricks, to accept recommendations as amended: 1) recommend approval for Community Caring Center; 2) recommend approval for Habitat for Humanity, 3) do not recommend approval for Side Project, Inc. In a voice vote, the motion passed unanimously (5-0). Discussion: Ms. Shutt first stated an error in the original figures, that the application from Side Project, Inc., was for $75,000, then continued that there is $92,923 in the budget, and that the two applications recommended for approval were very strong. There is a $4,700 (and change) short from what was budgeted, but the Committee was able to reallocate those funds from another budget item. The Fiscal Impact Section states that if the money can be replaced from elsewhere, both of those applications can get what was asked for, rather than reducing either grant request. X. Future Agenda Items - None XI. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:10 p.m. [Minutes transcribed by M. Moore, Prototype, Inc.] 5 Utterback, Theresa From: Nicholas Petrino <nicholas@vandslandscaping.com> Sent: Sunday,June 10, 2018 7:10 PM To: Utterback, Theresa; Simon, Michael; Shutt, Thuy Cc: David Subject: Re:CRA Board review and award of responses to ITB - Lawn Maint. Good morning, We greatly appreciate your consideration and the opportunity to be selected for the Category 2 (Vacant Lots). However, we regrettably cannot accept Category 2 unless we also receive the Category i (Improved Properties). When we calculated the numbers for both bids, we placed aggressive numbers in order to financially accommodate the CRA&ourselves for a joint contract. Even though we currently are the Primary/ Local Contractor for the City of Boynton Beach and maintain certain CRA owned properties already, it is not financially feasible for us to maintain only Category 2. With respect, if it is possible for our company to be selected for both Category r &2, we would be overjoyed to accept the contract and show the CRA what we can do. We pride ourselves on our cooperation, communication and quality landscape maintenance. If the CRA cannot consider us for both contracts, unfortunately,we must withdraw our bid. We hope you have a pleasant day. Respectfully, incent and Sons Landscaping Inc. / DBA:V&S Landscaping VP: Nicholas M. Petrino / Nicholas(&vandslandscaping.com 1.561.856.6129 • o c MyVendorCenter.con www.VandSLandscaping.com© now Cumeieuncip Mariagatiosaf� s �� On 6/8/2018 5:31 PM, Utterback,Theresa wrote: Dear Bid Respondents: The responses to the Invitation to Bid will be presented to the CRA Board at their next meeting on Tuesday,June 12, 2018 @ 6:30 pm in City Chambers at 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435. I have provided the link below so that you can review the item prior to the meeting. https://boyntonbeach.novusagenda.com/agendapublic/MeetingView.aspx?MeetinglD=161&MinutesMe etinglD=-1&doctype=Agenda Staff requests your presence at the meeting to answer any questions the CRA Board may have regarding your company. 1 If you have any questions, please feel free to call me. Thank you for your responses. Sincerely, Theresa Theresa Utterback Administrative Services Manager Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 33435 t44., 561-600-9094 I 1113 561-737-3258 g UtterbackT@bbfl.us I a http://www.catchboynton.com El Ill 1,1k, ,...:., Boywo cR, America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject t( disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Respectfully, Vincent and Sons Landscaping Inc. / DBA: V&S Landscaping VP: Nicholas M. Petrino / Nicholas@vandslandscaping.com 1.561.856. 6129 www.VandSLandscaping.com 2