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HomeMy WebLinkAboutAgenda Council Agenda 121200 Specialt City of Palm beach Gardens Council Agenda December 12, 2400 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo x' Vice Mayor Jablin ✓ 0 Council Member Clark'l\ Council Member Furtado,✓ Council Member Sabatello ✓ roimkKh All those wishing to address the City Council need to complete the necessary form located by the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING DECEMBER 12, 2000 6:30 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. ITEMSFOR DISCUSSION a. Legacy Place — Parcel 28.01 Parcels A, B & C (Commercial Section) V. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based City of Palm Beach Gardens Joint City Council/Planning and Zoning Board Workshop Meeting Date: 12 -12 -00 Report Preparation: 12 -8 -00 Prepared by: Iler Planning Group Legacy Place Project Introduction The purpose of this meeting is to inform the Council and Board of the current characteristics of the Legacy Place development application, highlight key issues with respect to consistency with City's Comprehensive Plan and Code, and facilitate discussion of the project. The applicant has expressed a need to complete the initial approvals for this project by early next year, and it was felt a joint meeting would be the best way to expedite the processing of the application consistent with the City's high land development standards. This report was prepared with the substantial assistance of Michael Redd and Associates, and City staff. Background The Legacy Place Project was initially filed in 1999, and since that time has undergone a number of changes, initiated primarily by the developer. The primary change to the project plan has been the modification of the original mixed use concept to separate the retail/office and residential project components into distinct, but highly interrelated, parcels. Within the City development review system, the Project actually consists of three (3) separate, but related, applications. These are the Overall Project Master Plan, Commercial Site Plan and Residential Site Plan. The future land use designation for the entire site in the Comprehensive Plan is Mixed Use (MXD). The current zoning is Planned Development Area (PDA), however the applicant is seeking a rezoning as part of this application to Planned Community District (PCD). The Project The Legacy Place Project is located on a 75 acre site, southeast of the intersection of PGA Boulevard and Alternate AIA. The mixed use project consists of two (2) adjacent, interconnected parcels. PBG Council/Board Workshop Legacy Place Project December 12, 2000 Attached to this report is a project plan packet consisting of the most recent site and landscape plans, ground -level views from PGA Boulevard and S. R. AIA, and selected architectural renderings of key buildings. The development program for Legacy Place consists of: Commercial Parcel (north): 49 acres Retail 399,000 square feet Professional Office 69,000 square feet Total Commercial 468,000 square feet The Commercial Parcel will have a significant number of 2 -story buildings and one 3 -story structure. Some of the 2 and 3 story facades are for architectural purposes and will not contain actual floor space. Residential Parcel (south): 26 acres Apartments 384 units Density 15 units /acre. The rental apartment buildings will be up to 3- stories in height. The breakdown in unit size is: 124 one - bedroom, 218 two- bedroom, and 42 three - bedroom. The applicant has submitted an affordable housing study for the apartment component of Legacy Place. Key Project Issues There are several key issues which should be highlighted and discussed in the workshop, and they are introduced below. Mixed Use According to City staff, this project was granted "a waiver from the Mixed Use land use residential component requirements" of the Comprehensive Plan in 1999. The project must still meet the "minimum two -floor % requirement" of the Plan for mixed use developments. Staff and the applicant are working to resolve this issue. 2 PBG Councit/Board Workshop Legacy Place Project December 12, 2000 Residential Density Bonus Under normal circumstances, the residential parcel would be limited to 12 units /acre. The developer is requesting a density bonus for the residential parcel to increase the density to 15 units /acre which is allowed under the City's Code provided the project is implementing "planned, and vertically and horizontally integrated development." While the developer has made great strides recently in increasing the connectivity of the commercial and residential parcels, vertical connection of uses in the project is only provided for retail and office space. This issue is under discussion with the applicant and may require approval of an additional waiver if justified. Environmental Preservation The City's Code requires that 25% of environmentally significant lands on a development site be set aside as a preserve and the Legacy site has such lands. The developer has been reluctant to preserve the required lands on -site and had recently approached the City about either preserving equally valuable lands in the area or contributing the monetary value of the preserve area to the City, both of which are acceptable under the Code. Due to the negotiating efforts of the City's Forester, the applicant has made an offer to preserve 10 acres of similar habitat on a site just south of Plat 4, immediately northwest of the Legacy Place project. This potential solution will not only preserve the required acreage in the immediate area but will also serve to buffer neighborhoods to the north and provide a unique passive recreation opportunity with an adjacent lake. Staff is currently discussing the details of the offer with the applicant. Legacy Drive The proposed Legacy Drive will run from where Fairchild Gardens Drive now ends (road now turns east) south to RCA Boulevard. The City Center Linkage Plan designates this future road as a "secondary road" which normally requires an 80' right -of -way reservation. The City's traffic engineer has stated that Legacy Drive will be at or near 2 -lane capacity when Legacy Place is completed. It is important not only for Legacy traffic but also as reliever route for PGA Boulevard traffic and other regional roadways. Thus, it will likely need to be widened in the future which will require the 80 foot width (includes a 15' buffer for the homes to the east). Currently, the project site plans show a 65' to 77' wide right -of- way/buffer combination for this future road. Staff is requesting a full 80' right -of -way for this road. 3 PBG Council/Board Workshop Legacy Place Project December 12, 2000 East -West Connector Road This road connects Alternate AlA through the site, along the commercial/residential parcel boundary, running east to Fairchild Gardens Avenue. It is designated as a "tertiary road" on the City Center Linkage Plan, which would normally require a 50' right -of -way providing for a 2 -lane road. The applicant is proposing to dedicate a "public easement" instead a full right -of -way with a 24' width for most of its length. This road is part of the regional road system designed to help maintain traffic concurrency for Legacy and other future developments. The applicant, with significant justification, envisions this road functioning as a low - speed, urban drive into the project, and not as a higher speed through road. The project designers have made recent adjustments to the road alignment to both increase the `through - traffic' feasibility of the road and have it serve as a stronger connecting link between the commercial and residential projects. Staff is working with the applicant to finalize the final road alignment and design. Residential Buffers The applicant is proposing reduced landscape buffers along the north and south boundaries of the residential tract, based on the theory that this is an "urban" project and most urban areas have a greater proportion of buildings vs. green space along roads, than is found in suburban environments. To some extent, this theory is valid for this site, particularly for interior areas of the site. However, when it comes to the project's "look" from the outside, staff feels that the buffers should be similar to those found in nearby areas. The proposed buffers for Legacy Drive (15) and Alternate AIA (55') are acceptable. The RCA Boulevard buffer should be increased to 20' (applicant is proposing 15'), due to a utility easement in this strip which will reduce the usable landscape width by 5'. Also, some additional buffer width should be added along the central portion of the east -west connector road to provide for road/building separation, and urban-type walls and plantings. Visual Impacts and Architecture The City has historically placed a great emphasis on attractive and interesting architecture, and lush landscaping along its roadways, and the result of this public initiative is a city visual environment which is second -to -none in Palm Beach County, if not Florida. The developer of Legacy Place has gone to great lengths to continue and enhance this trend. Legacy Place has the potential to be a truly striking and visually - appealing mixed use activity center, and most of the critical elements to make this happen are already in place within the plans now under review. 4 PBG Council/Board Workshop Legacy Place Project December 12, 2000 Staff has consulted final and preliminary documents such as the City's Vision Plan, Pattern Book, Roadway Beautification Master Plan, and Design Guidelines for Non - Residential Development in suggesting visual and architectural ideas to the developer. Here are some of the areas where staff would like the Council and Board to focus their attention during the workshop. • The "Container Building," located in the northwest corner of the commercial site, will be a critical visual element of the project for traffic coming over the future AIA/PGA Overpass. The current architecture of the building might be improved by better matching the ornate character of the rest of the buildings, and adding a vertical element and awnings. • The "900 Building," along Alternate Al A, dominates the visual impact of Legacy Place for visitors approaching from the south. It has a service drive and entrance for truck traffic on the AIA side. It also has no significant pedestrian linkage to the rest of the commercial center. At the least, this building will have to be heavily buffered and a better linkage established with the rest of Legacy Place. The uses allowed in this building will also have to be strictly regulated to ensure the high quality of commercial tenants in the remainder of Legacy Place is maintained. • Architectural drawings for the residential parcel have not been received. The architecture of the commercial and residential tracts must be coordinated. To achieve this, the apartment buildings should have a "traditional" style using stucco surfaces, hip roofs and architectural accents such as interesting lighting, tile and awning configurations. • The color `palettes' and lighting designs for the project have not been provided thus far. These will be important visual considerations for the overall development impact. • Landscape plans submitted to -date have been very good. While some changes and clarifications are being discussed with the developer, the landscaping for this project should provide a very positive visual impact. These comments have summarized the primary issues involving this important project. Staff, consultant and the applicant's representatives will be present at the workshop to discuss these items. Please feel free to contact staff prior to the workshop with any questions or comments regarding this analysis. 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 11, 2000 Meeting Date: September 21, 2000 Subject/Agenda Item: Approval of contract between Ahrens, Inc., and the City to provide Design /Build services for the parks storage facility and the Roller Hockey concession stand /rest room /storage building. Recommendation/Motion: Staff recommends approval of the contract with Ahrens, Inc., in the amount of $540,045 to provide Design /Build services for the parks storage facility, located east of the soccer fields at Gardens park, and the Roller Hockey concession stand /rest - room/storage building, at Plant Drive park. Reviewed by: Originating Dept.: Parks Costs: $_540,045_ Council Action: and Recreation Total City Attorney [ ] Approved Finance $,550,000 [ ] Approved w/co.ditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: 1/10/00 [ ] Operating Paper: Palm Beach Post [ x ]Other. Impact Fees 1. Memo from Parks and Recreation Director. 2. Copy of contract. Submitted by: Sue Miller ( ] Not Required Department Director Affected parties [ ] Notified Budget Acct #:: 03- 2000 - 572.6300 ( ] None Approved by: City Manager [ ] Not required Ll CTCY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council APPROVED: Nabar Martinez, City Manager DATE: September 11, 2000 FROM: Sue Miller, Director of Parks and Recreation Gs" SUBJECT: Design/Build Contract BACKGROUND: The city received three submittals in response to the RFQ for the Design/Build process to design and construct the parks equipment storage building and the combination concession stand/rest room and storage building for the roller hockey rinks at Plant Drive park. DISCUSSION: Following presentations by two of the funs, Ahrens, Inc., of West Palm Beach and Select Contras. ing, -Arc., 4.f Ri«icru- Roach, the five meml-er selection Committer (r ity'S Chief Building Inspector, Parks Superintendent, City Engineer, Finance Director, Assistant Director of Parks and Recreation) recommended that the city enter into an agreement with Ahrens to complete these projects. The third proposer, Recreational Design Construction of Ft. Lauderdale, withdrew from the process. The City Attorney has negotiated a design build contract with Ahrens, which is included with this staff report. Following approval of the contract, Ahrens and staff will work to finalize the details of the buildings prior to Ahrens presenting the buildings to the City Staff Development Review Committee and the Planning and Zoning Board, for approvals. RECOMWILENDATION: Staff recornmends approval of the contract with Ahrens, Inc., of West Palm Beach in the amount of $540,045 to provide Design/Build services for the parks storage facility and the Roller Hockey concession stand/rest room/storage building. THE ASSOCIATED GENERAL CONTRACTORS STANDARD FORM OF DESIGN -BUILD AGREEMENT AND GENERAL CONDITIONS BETWEEN OWNER AND CONTRACTOR (WHERE THE BASIS OF COMPENSATION IS A LUMP SUM) This Document has important legal and insurance consequences,- consultation with an attorney and insurance consultants and carriers is encouraged with respect to its completion or modification. AGREEMENT Made this day of in the year Two Thousand BETWEEN City of Palm Beach Gardens, the Owner, and Ahrens Enterprises, Inc. d /b /a Ahrens Companies, CBC006515, the Contractor. For services in connection with the following described Project: (Include complete Project location and scope) The design and construction of a Parks Storage /Restroom Facility and Concession Building as per the City of Palm Beach Gardens request for proposal, the attached Exhibit #1, and presentation drawings designated as Exhibit #2. The Owner and the Contractor agree as set forth below: ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 INDEX PAGE The Construction Team and Extent of Agreement ............ ............................... 1 Contractor's Responsibilities ............................................. ............................... 1 Owners Responsibilities .................................................... ............................... 3 Subcontracts...................................................................... ............................... 4 ContractTime Schedule .................................................... ............................... 4 LumpSum Price ................................................................ ............................... 4 Changesin the Project ...................................................... ............................... 5 Paymentsto the Contractor ............................................... ............................... 6 Insurance, Indemnity and Waiver of Subrogation ............. ............................... 7 Termination of the Agreement and Owners Right to Perform Contractors Obligations .................................. ............................... 9 Assignment and Governing Law ........................................ ............................... 10 Miscellaneous Provisions .................................................. ............................... 10 Arbitration................................................................................ .............................11 ARTICLE 1 The Construction Team and Extent of Agreement 1 THE CONSTRUCTION TEAM: The Contractor, the Owner, and the Architect/Engineer called the "Construction eam" shall work from the beginning of design through construction completion. The services of Colins and Collins, Incorporated as the Architect/Engineer will be furnished by the Contractor pursuant to an agreement between the Contractor and the Architect/Engineer. 1.2 EXTENT OF AGREEMENT. - This Agreement represents the entire agreement between the Owner and the Contractor and supersedes all prior negotiations, representations or agreements. When the Drawings and Specifications are complete, they shall be identified by amendment to this Agreement. This Agreement shall not be superseded by any provisions of the documents for construction and maybe amended only by written instrument signed by both Owner and Contractor. 1.3 DEFINITIONS: The Project is the total construction to be designed and constructed of which the Work is a part. The Work comprises the completed construction required by the Drawings and Specifications. The term day shall mean calendar day unless otherwise specifically designated. ARTICLE 2 Contractor's Responsibilities 2.1 Contractor's Services 2.1.1 The Contractor shall be responsible for furnishing the Design and for the Construction of the Project. The Contractor shall develop a design and construction phase schedule and the Owner shall be responsible for prompt decisions and approvals so as to maintain the approved schedule. Any design, engineering, architectural, or other professional service required to be performed under this Agreement shall be performed by duly licensed personnel. ".1.2 The Contractor shall prepare and the Owner approve a design phase schedule as follows -. PHASE 1: Based .pon the Owner's Project requirements, schematic Design Studies will be prepared by the Arch itect/Engineer. These Schematics are for the purpose of assisting the Owner in determining the feasibility of the project. PHASE 2: Upon approval of Schematic Designs and authorization from the Owner to proceed, the Architect/Engineer shall prepare Design Development documents to fix the size and character of the Project as to structural, mechanical and electrical systems, materials and other appropriate essential items in the Project. These Development Documents are the basis for the design and construction of the Project. PHASE 3: From approved Design Development Documents the Architect/Engineer will prepare working Drawings and Specifications setting forth in detail the requirements for the construction of the Project, and based upon codes, laws or regulations which have been enacted at the time of their preparation. 2.1.3 The Contractor, the Architect/Engineer and the Owner will work closely together to monitor the design in accordance with prior approvals so as to ensure that the Project can be constructed within the Lump Sum as defined in Article 6. As these working Drawings and Specifications are being completed, the Contractor will keep the Owner advised of the effects of any Owner requested changes on the Contract Time Schedule and /or the Lump Sum. /'.. - ...ate. ...1:.. .. Hsu 1. n....:....a ffall l_.. .. .........J...........Yl. Lflu.... n.-.....:..,.. ......J (+.. .. ..:r.... a:...........+........VVV 1..,&flu /1....... �_ VV /IJll uliuVll VI u1G ! /VJGIA Jllall uG Ilr aa.a.Vlua/ll.c rYlafl IIIGJG ✓raYrlrryo allu L7t./GLIIIIia UVI(J aJ af.J'.JIVYGU My uIG VrYllcl. Ir aL. al.. TL. VI !G I Ile LI aYY11IUJ CMU V JILIa11 I ulllllll anc itupclly 11....... VVI ILI aliaVl al ru al u 1IIva LV IIJQ UJ Iuu my 11 ll7 VYrI IGI VII 1 113 _ ..al. .._ .. _..;....a.. 'LIIV 'ELUII %aVfla_....a.... 1I 1lJ VI VUIC1 �.Jl VJGIIIJ YYl ll7VUl allG YYI IIIGII IIVIIJGIII V! LIIG VV /Ill al,lV /. N A A AFI.._ Ia... 1.. a:.... L t1L �,. ,. .. L_1r_ -4 t- :— A..l:..l.. n A n :L Lt.— n_...:....1 :.. 1......,... .. L......:L.t.. [......- aL. .. L. 1.^t rllacl allc %,WMVlriuVll VI ally I &I aJ Jcl IVlllt 111 111 Ul.tc L. I.L, 11 Ulu 1 IVJGI.I 10 IIV IVIIUUI IVCIJ1Ulc It Vllt UN. L.... .I��:..a 11...... .. .. I4... /1......... _.,.... J.. _.,...:....I.. aL.:.. A... _........�..L .....I _..... aL... 1.....1......4..._ ........L a.. A 34— la11IJ�JV1I It VI Ulc VYY1 lc I, ulc VYYI IQI play Mel 11111 IGILU UIIJ r-%Ui %,s 1IGI It UI IU pCly UIG vvnu CI%,LUI tiW OUaIIa lu nl llldr. 1U.J. 1. 2.1.5 T t G I- L aI..lVI YY111 C100104, t IG VYY11G1 lot JGVN11�1V pulMILa IIU%,V000QI I %JI \ IG I.IJIIJt1U%,LIUII VI U V I'IU U%'t_ ar y � 2.2 Responsibilities With Respect to Construction 2.2.1 The Contractor will provide all construction supervision, inspection, labor, materials, tools, construction equipment and subcontracted items necessary for the execution and completion of the Project. d.2.2 The Contractor will pay all sales, use, gross receipts and similar taxes related to the Work provided by the Contractor which have been legally enacted at the time of execution of this Agreement for which the Contractor is liable. 2.2.3 The Contractor will prepare and submit for the Owner's approval an estimated progress schedule for the Project. This schedule shall indicate the dates for the starting and completion of the various stages of the design and construction. It shall be revised as required by the conditions of the Work and those conditions and events which are beyond the Contractor's control. 2.2.4 The Contractor shall at all times keep the premises free from the accumulation of waste materials or rubbish caused by his operations. At the completion of the Work, he shall remove all of his waste material and rubbish from and around the Project as well as all his tools, construction equipment, machinery and surplus materials. 2.2.5 The Contractor will give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement, which govern the proper execution of the Work. 2.2.6 The Contractor shall take necessary precautions for the safety of his employees on the Work, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Project site. He shall erect and properly maintain, at all times, as required by the conditions and progress of Work, necessary safeguards for the protection of workmen and the public. It is understood and agreed, however, that the Contractor shall have no responsibility for the elimination or abatement of safety hazards created or otherwise resulting from Work at the job site carried on by other persons or firms directly employed by the Owner as separate contractors or by the Owner's tenants, and the Owner agrees to cause any such separate contractors and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations and to comply with all reasonable requests and directions of the Contractor for the elimination orabatement -)f any such safety hazards at the job site. z.2.7 The Contractor shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The system shall be satisfactory to the Owner, who shall be afforded access to all the Contractor's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to this Agreement. The Contractor shall preserve all such records for a period of three years after the final payment or longer where required by law. 2.3 Royalties and Patents 2.3.1 The Contractor shall pay all royalties and license fees for materials, methods and systems incorporated in the work. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof except when a particular design, process or product is specified by the Owner. In such case the Contractor shall be responsible for such loss only if he has reason to believe that the design, process or product so specified is an infringement of a patent, and fails to give such information promptly to the Owner. 2.4 Warranties and Completion 2.4.1 The Contractor warrants to the Owner that all materials and equipment furnished under this Agreement will be new, unless otherwise specified, and that all Work will be of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. The Contractor agrees to correct all Work performed by him under this Agreement which proves to be defective in material and workmanship within a period of one yearfrom the Date of Substantial Completion as defined in Paragraph 5.2, orfor such longer periods of time as may be set forth with respect to specific warranties contained in the Specifications. This warranty is expressly in lieu of all other rights and remedies at law or in equity. 1.4.2 The Contractor will secure required certificates of inspection, testing or approval and deliver them to the Owner. 2.4.3 The Contractor will collect all written warranties and equipment manuals and deliver them to the Owner. 2 2.4.4 The Contractor, vdin, LIIG aJJIJla11l.G VI lllc aJrrllcl 111a1111c1IQ11aiG �,GIJVIIIICI, will direct the checkout of utilities and operations of systems and equipment for readiness, and will assist in their initial start -up and testing. 2.5 Additional Services —.5.1 The Contractor will provide the following additional services upon the request of the Owner. A written agreement between the Owner and Contractor shall define the extent of such additional services and the amount and manner in which the Contractor will be compensated for such additional services. 2.5.2 Services related to investigation, appraisals or evaluations of existing conditions, facilities or equipment, or verification of the accuracy of existing drawings or other Owner - furnished information. 2.5.3 Services related to Owner - furnished equipment, furniture and furnishings which are not a part of this Agreement. 2.5.4 Services for tenant or rental spaces not a part of this Agreement. 2.5.5 Obtaining and 'uC- 11ning IIIQIIIaG11Pl,w N;-7trz7onn or negotiating maintenance service contracts. ARTICLE 3 Owner's Responsibilities 3.1 The Owner shall provide full information regarding his requirements for the Project. 3.2 The Owner shall designate a representative who shall be fully acquainted with the Project, and has authority to approve changes in the scope of the Project, render decisions promptly, and fumish information expeditiously and in time to meet the dates set forth in Subparagraph 2.2.3. 3.3 The Owner shall furnish for the site of the Project all necessary surveys describing the physical characteristics, soils reports and subsurface investigations, legal limitations, utility locations, and a legal description iat they have available in their files. 3.4 The Owner shall secure and pay for all necessary approvals, easements, assessments and charges required for the construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. 3.5 The Owner shall furnish such legal services as may be necessary for providing the items set forth in Paragraph3.4, and such auditing services as he may require. 3.6 If the Owner becomes aware of any fault or defect in the Project or non - conformance with the Drawings or Specifications, he shall give prompt written notice thereof to the Contractor. 3.7 L I1 . _ .:a :_ .._�__ aL. n_ : a :_ II I h, VvY11Gt shall provi%da the Insulal cei IVI u1G 1 IVjGVa as pro IUGU In 1 alaag. rapal a.-i. 3.8 Tha 11......._ ..hall aL... .. a, aL_,.a _. a I IIG Owner JIIQ11 uGal 1116 I.VJIJ VI ails VaJIIUQ ulna II1ar LIU IVLJUIIca.. 3.9 The services and information required by the above paragraphs shall be furnished with reasonable promptness at the Owner's expense and the Contractor shall be entitled to rely upon the accuracy and the completeness thereof. /1..._ .. L. .. 11 L. ._..:.. L. .�. .. L.1.. ... ..J.. _.... a .s....a......a.. aL... !�_._L_....L.._ ..: _ a.. IA /....1. .J a 3.10 The Owner Jllau IUIIIIJII IGQJVtIQ VIG GY IuG11cG Gat llJlaliLVly lV UIC VVI1lIaV1V1, pIII/I aV VVI III IIGIIl.11 IV rr Vl la a1,U as t. t. .a. ._.. a:...,..... �.,. .... _... t...__. - -..: _.. _J al...a ... .LC. �:_. _a [..__J,. .. __. �.. ...: L.L.1.._.._.J .. ,...........:u,..J L.._al .. _a: _,. /'�....a -,CAL-- Auld l IULUIG LIII IGJ aJ I Ilay LJG IUHU11GU, U 1Ql JUIMAI ,I,I IUI IUJ alG aYa11aVIG 0114 VVI1111 Iil,k,U IVI 1.116 GI IUI G VVJI VI 1116 1 1 V�G VI. 11_L..... ,. ,. L_ _ .. L.1.. .. d.J .. _,.,. :,. t..__:,. L... -1 '1- !'�.. _a_..,.a.._ : a .! a,. _ a:_.._. IAL. _t. _ VIIICJJ such IcasGnaVlc Gviden.G IJ IU rmsI IGU, UIG viol"UactO is IIVL rcq uircu aV C4;,- IGIIIiG VI WIIUIIUC any Yr Vln, VI Y L. .:.J .. ... .... ..a .. L...J ...'at.:_ .. _ .. L.1.. a:..,... &- - IA1 --1, .. .. 4L .J... ... _ a:..,. a•- al. ,. /'1..._.._ TL... LUU ...ay, it sudh cvl%dancc IJ not pressn"-J rr 1011111 a IGaJVlla ulG a1111c, JL%JF rrV11% UtJV11 IJ UQyJ IIVa1cG aV UIG Vrrllcil. I Ilv f1. ._.. taL. ,. !'�.. _a_.. _.a.._a.._....a ........ aL .. CaL. :...... .:.4 .- _.......a _.. �__. a:.Y .. ..4...11 .. ,.a L... w :...._oft% -- ^.A. ---'.. ail ule Ol ulc vVllUacti -i aV nwlJa Upon UIU F 1%JViG1; Ig Of LI IIs GYILIencc al ally ona U111c ill Ian not L/c a rr alvcl VI U1c vvvl lcl v L.c�. -. a:.._ a_..Y ..1.....,... ..Y .... a.. _.._,..... _a a.. n.. _.............a __ _1LI :a a_� .. ._._.I .,._..a UIU 1k.%JI -. IUIIL L%J__,........-a "•' V unyation lV It1a1aG �Jay111G111J PUIJUaI IL aV LI IIJ J'Ia�IGG111Gl11, IiVI JIIQ11 la Vc a YY a1YG1 VI UIG VVIIl1aVlV1 J 11yIU au lcyucJa VI IJIJa ulna JaJCII GY IV GttGG uG Fi1VY IUGU as Q IP act Ua1— 3.11 The Owner shall have no contractual obligation to the Contractor's Subcontractors and shall communicate with such Subcontractors only through the Contractor. 3 ARTICLE 4 Subcontracts All portions of the Work that the Contractor does not perform with his own forces shall be performed under subcontracts. 4.2 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any Work in connection with the Project. The term Subcontractor does not include any separate contractor employed by the Owner or the separate contractors' subcontractors. 4.3 No contractual relationship shall exist between the Owner and any Subcontractor. The Contractor shall be responsible for the management of the Subcontractors in the performance of their Work. ARTICLE 5 Contract Time Schedule t A TL... IAI-A. L.. L..... ,...C,...........1 ....J ..- LL.:.. A. �.......,.......L .. L.�11 L.........��...�.....A .... L�..L 1 11- 1:��\ _A ..... ...L A7 /IAA/\ J. 1 1 1IV V V VI I\ aV VG F UI IVI I I IUU UI IUUI LI11J nyIGGI IIGI IL JI loll UG NVI I III Iril INC -ill VII VI aLJVaLL,nwunlZia" J�uaJ, , LV Vu .� ,.L..11 L... ,...L.... {..... Complete .... ......L.....L 1- ..L........... 417, nnnA .. .J:..... I .. :1.J:.. �. ...._—:L ...,..J ..:L .. ..... .....:1 ....... _... ...1 QIIV JIIa11 LJG JUVJ aallalallr aiV111FJIG LVU VII VI aVVULI GLJIUa17 IV, LVV I F ull%AIIIy VUIIUII I�J. F UIIII1a allU %Alr VVUIR ll CXJJFJIVVaI ,..1 . _ L.s..- nn nnnn Iu%1VIVuU Vll VI LJGI VI G- llliaVUGI L. L.VVV. 5.2 The Date of Substantial Completion of the Projector a designated portion thereof is the date when construction is sufficiently complete in accordance with the Drawings and Specifications so the Owner can occupy or utilize the Project or designated portion thereof for the use for which it is intended. Warranties called for by this Agreement or by the Drawings and Specifications shall commence on the Date of Substantial Completion of the Project or designated portion thereof. This date shall be established by a Certificate of Substantial Completion signed by the Owner and Contractor and shall-state their respective responsibilities for security, maintenance, heat, utilities, damage to the Work and insurance. This Certificate shall also list the items to be completed or corrected and fix the time for their completion and correction. .,.3 If the Contractor is delayed at any time in the progress of the Project by any act or neglect of the Owner or by any separate contractor employed by the Owner, or by changes ordered in the Project, or by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or any causes beyond the Contractor's control, or a delay authorized by the Owner pending arbitration, then the Date for Substantial Completion shall be extended by Change Order for the period caused by such delay. ARTICLE 6 Lump Sum Price The Lump Sum price for the Project is FIVE HUNDRED FORTY THOUSAND FORTY -FIVE DOLLARS ($540,045.00). 6.2 The Lump Sum is based upon laws, codes, and regulations in existence at the date of its establishment and upon criteria, Drawings, and Specifications as set forth in this agreement. 6.3 The Lump Sum will be modified for delays caused by the Owner and for Changes in the Project, all pursuant to Article 7. 6.4 Allowances 6.4.1 Allowances included in the Lump Sum areas set forth below: 4 6.4.2 Whenever the cost is more than or less than the Allowance, the Lump Sum shall be adjusted by Change Order as provided in Article 7. ARTICLE 7 Changes in the Project 7.1 The Owner, without invalidating this Agreement, may order Changes in the Project within the general scope of this Agreement consisting of additions, deletions or other revisions. The Lump Sum, and the Contract Time Schedule shall be adjusted accordingly. All such Changes in the Project shall be authorized by Change Order. 7.1.1 A Change Order is a written order to the Contractor signed by the Owner or his authorized agent and issued after the execution of this Agreement, authorizing a Change in the Project and /or an adjustment in the Lump Sum or the Contract Time Schedule. 7.1.2 The increase or decrease in the Lump Sum resulting from a Change in the Project shall be determined in one or more of the following ways: 7.1.2.1 by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; or 7.1.2.2 by unit prices stated in this Agreement or subsequently agreed upon, or 7.1.2.3 If none of the methods set forth in articles 7.1.2.1 and 7.1.2.2 is agreed upon, the Contractor shall promptly proceed with the Work required by the Change in the Project provided the Contractor receives a written orderto proceed signed by the Owner. The increase in the Lump Sum shall then be determined on the basis of the reasonable costs of such Work and savings of those performing the Work attributed to the Change in the Project including a reasonable increase in the Contractor's overhead and profit. The amount of decrease in the Lump Sum to be allowed by Contractor to the Owner for any deletion or Change in the Project which results in a net decrease in cost will be the amount of the stual net decrease only. When both increases and decreases in costs of the Work are involved in any one Change In the Project, the increase in overhead and profit shall be figured on the basis of the net increase in costs, if any. Under this article and articles 7.1.2.1 and 7.1.2.2, the Contractor shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data of the effect on the Lump Sum. The increase or decrease in the Lump Sum under this article and articles 7.1.2.1 and 7.1.2.2 shall be authorized by Change Order signed by the Owner or its authorized agent. 7.1.3 If unit prices are stated in this agreement or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order or as a result of several Change Orders that application of the agreed unit prices to the quantities of Work proposed will cause substantial inequity to the Owner or the Contractor, the applicable unit prices and the Lump Sum shall be equitably adjusted. 7.1.4 Sihould Winccalcud a,V11U1a1V11A GIIaIVU11aGIGU 111 aIG pUII I II IaI ItiG VI tit G rr,VI IN LJGIVrr l I AU QVG VI Ulu UI VUI I U should ..I...J .. 1._....._ .J:L: ,....,. a:_.. a_.._a. ._.. L... L .. ...•LL. "-e .J:L:--_.. : .J:....L...J L... LL... should concea1GU Vr Un"Kno n VVrwitMA 10 111 Gil f5AI.7u1 ly Au U%OW uG al railalll+G YYIUI 1116 VV /IUIUVIIA IIIUIVaIGU Vy -Uw n__..:__ o_ :c. .....L:..._ �.... _ r.._ L. J :_J -_ .a:__ _ L 1�1 .._1._ ..... +L .. :..I _ J:L: _ L 1 .... aL.� _....u.. c VIaYV IIIyJ, V1.JCl.III uVllA, vi tJYr 1115 UIInAIIGU II IIVI1110 uV11 VI OIf U u11fV IV YY 11 r.JIIy AINaI a,V11Ulu VIW UGIVYr tilt AuI ICA VI J __.. L.....LJ ..1,...J .._.._1._.........:_ .._ ....:,.L:_.. _a_. .,.L.._.. -IV -_ .. - ..-1 _.. a.._,.. .J:F[__:__ .......L.. _:..11.. the ground VI AlIVu1U co cea1GU VI unk-I IVrr11 CUN IUIUVIIA III all GAIOUI ly All UI LU1G VI all UIIuaual l laaulc, UIIIGIIIly IIIa LGIlaity f_.. _.. LL....... .J:__ :I .. ..........._a.. _...J ,._.J ......... _.. 11.. _...........:x...11... :_L. .. _.. _L .... _I, ..I LL.....,L...._......L.._ ... _... .:J__l [.._ :... LL.:_ 11 VIII uwJC 01-dinal11y GIINVuntCreU ally gene ally rccog ized aA It111G1 clll n1 WVI1N VI 1116 1i11alaVlcl rJI Vr1UGU IVI III uIIJ A .,........�.. .. _L L. .. ._L.. _...J Ll. .. t ....... [�. ..... .. .J LL. .. U Cl 4, T:..... L�.. L....J..I.. _L...11 V%, :L..L.1.. .IUJU_LVU Vy %.IIC........ 11a,IGG111Gl1a, LJG GI4.VUIIIGIGU, u1G L.UI IIF/ VUI 11 al lU u1G VVIIU aNa I Ills Sc IGUU1G Allan tic Gl.'ulla Uly QU�UAIGU Uy VIIaIIIJ. v ulGfci i f i Fay wtiii lic w wlluulVilS. iiah laic LIviuc' uFvr ial 5 7.2 Claims for Additional Cost or Time 2.1 If the Contractor wishes to make a claim for an increase in the Lump Sum or an extension in the Contract Time .,chedule, he shall give the Owner written notice thereof within a reasonable time after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Claims arising from delay shall be made within a reasonable time after the delay. Increases based upon design and estimating costs with respect to possible changes requested by the Owner, shall be made within a reasonable time after the decision is made not to proceed with the change. No such claim shall be valid unless so made. if the Owner and the Contractor cannot agree on the amount of the adjustment in the Lump Sum, and the Contract Time Schedule, it shall be determined pursuant to the provisions of Article 13. Any change in the Lump Sum or Contract Time Schedule resulting from such claim shall be authorized by Change Order. 7.3 Minor Changes in the Project 7.3.1 The Ownerwill have authority to order minor Changes in the Work not involving an adjustment in the Lump Sum or an extension of the Contract Time Schedule and not inconsistent with the intent of the Drawings and Specifications. Such Changes may be effected by written order and shall be binding on the Owner and the Contractor. 7.4 Emergencies 7.4.1 In any emergency affecting the safety of persons or property, the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Any increase in the Lump Sum or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in this Article. ARTICLE 8 Payments to the Contractor .1.1 Payments shall be made by the Owner to the Contractor according to the following procedure: 8.1.1 On or before the 25th day of each month after Work has commenced, the Contractor shall submit to the Owner an Application for Payment in such detail as may be required by the Owner based on the Work completed and materials stored on the site and /or at locations approved by the Owner for the period ending on the LAST day of the month. 8.1.2 Within ten (10) days after his receipt of each monthly Application for Payment, the Owner shall pay directly to the Contractor the appropriate amounts for which Application for Payment is made therein. This payment request shall deduct the aggregate of amounts previously paid by the Owner. 8.1.3 If the Owner should fail to pay the Contractor at the time the payment of any amount becomes due, then the Contractor may, at any time thereafter, upon serving written notice that he will stop Work within seven (7) days after receipt of the notice by the Owner, and after such seven (7) day period, stop the Project until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of the Owner. 8.1.4 .._ ,... a ..a ..__ :.d 11 a.___ :_a .a as sa _ _at- _LCIVU __:_a....a....... Pw_....:_.____� OF Qy111G11W d., but unpald s lall Llca1 I LIU GJa as UIG Ialc VI aYYV F/GIl,GlllalJ. G F./VIIIIJ QuVYG a11G ��unc uuc�wa �a�.. :r._ c_ a: t_ a:� a at — I, --- t:__ _r aa._ r+-_:_,.a preval"Ing nvun uu�c au aunc as uIc I%J%0CMV1I vI 4A K-1 I Iv�ca.a. 8.2 The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether incorporated in the Project or not, will pass to the Owner upon receipt of such payment by the Contractor free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as Liens. 8.3 No Progress Payment nor any partial or entire use or occupancy of the Project by the Owner shall constitute n acceptance of any Work not in accordance with the Drawings and Specifications. 2 8.4 r _�1 _L L: C LL. L..11 L_ a.... ..._ J L1 L _ LL.. 1 Illal payment VVIIJUaual+ly UIG UillialU LJa1a111+G VI MU 1 IVJca.a JIIal1 uG UUG CIIIU FJCIyaLJIG vr11G11 LIIU 1 IVJcL.L 1- de:1...._...J L.. 'Lit JI. .._.._ .J.. c.._ L......C: �:..1 ........._........ L...... aL .. 11.. -I Iv U%,i..._IUQ &I IV I I VJ . %A L.:%.l lu ........ ... _a C.....a lvcIeud lV Lllc VYr 1161, IGauy IVI UGIlc 11W a1 vwUFJa11Vy, VI tiYllcll UIG vrrllcl vLiuUFJIGO &I 1 1V�GLJI, vYI IIIJIIGYCI VIVVIIa MON. '.J...1 LL..L aL.. n_..:....L L.. 11,.._ ... -.Y .,J... {...J ­J aa.:- n.. _.. ...,......,.a ... .L...t....a:..lt...... _c.. _.......,1 uaL ....., Vlil.IJIJ, FJrVv1UGU Ula\ UIG 1 IV�GI.I LJG ulclI JULJJLaI IUOIIy LAJI l 1plcacu al lu U 11 r-%U CC111Glta JULJJLaI ILlally VVIIV11 IIGU. II UIGI- MGuld _61— II..:_ L........ L.. L.. ........ IVi.V Ill P1..._.._. haN Nstsuchl L......... and LL... P'.._a__..L.._ _L OIIVUIU IGIIIa11111111tV1 + \GIIIJ aV VG VVIIIFJIGLGU, U {G VVIIU aV\VI a17U "Ill VYYIIGI J71a1111J1JUL.111aG111J a11U UIG VVIfU aNIVI Jllall nl:•..._ : ... L:.. L.. .. ills .._ LJIV UIIIV LIS%ar...a ftl._ TaIV J'1..._.._ � L..:_ vuvulI Ill rr11UIIVl IIIO UUa1C7111GG aV %'Ut11FJIGLG Jalu IaGItIJ YYIl111I1 a IGQJVIIau1G UIIIG 111GIGa1lG1. 1IIG VYrIIGI Illay re lalll a OUI 11 Gyuai %V I JV F,JGI VVI tL VI UU IG GOBI l ICILIU 'J LJVJI VI cV117FJIGUt IV airy U111It IIQI tcu ILUI I IQI FJI VYIUGu U Iat Jalu 41711111JIIGU ILG1113 are IL1staud se_..._..a.. 1...._.J LL...... a:..,...L...J ....L ..0 _....... _1.. L:_........ L:_ :..L.. .J :L....,....:.. 1:1......:......1:.. L...J ............ L..1.. TL.._....CL.._ IJ IGV JGFJal alGly CAI IU aI IV GJUIIIaacU liVJI VI wIIIPICau ILJ. al ly Ul IIII UOI IGU I%VI IIQ IQ IIILrirrlOG IIJ\GLJ OGFJaI a\Gly. I l lcl cal►cl, aL.. ll......._ .. L..11 a.. LL.. J+.._a_....a.._ LLI.. �L... L L..:_..J c.-_ Inco......I..L.. ILIUM . .. L c ....:.J ILU411.. :- 'U Ic 'Cv Icl JI lau Jay tv the %CG lu al.wl, mionlu uy, a 1c alilVUila r c\an Icu Ivl n lwl uFJ7cac iacl l w a3 ca%I l Vl Ja7u iacl I IJ w eernpleted. D C n..c ... ... :..... ........,. ..c r :....1 n... ..,... ,. _a aL ,. 11........_.Y ..... ........L....a:..c....a..... ... .:.J ........ aL...a ..11 ..... ._..It.. a....:..L. L:I L. Y.J LJGIVtG IJJLJaIILJG VI I Illal 1 aylllclll, UIG vrrllcl slay Ic4U%UQ% 7au.7laVavly GYIUC11VC Ulalall FJaylv+w, Illaacl7aw LANZ; C a aL .._ :_a.. LL_ _....L...d .. UL. LL.. n_..:....a L...... L...... Giw VU IC+ II I LJeLLJ111L�isrJ NVIIIIGL.\GU YYIUI UK, 1 IVJGVI IIavG uGG11 F.Ja IU VI VUIGI YYIJG'JalIJ 11GU. 8.6 The making of Final Payment shall constitute a waiver of all claims by the Owner except those rising from -. unsettled liens; improper workmanship or defective materials appearing within one year after the Date of Substantial Completion; and terms of any special guarantees required by the Drawings and Specifications. 8.7 The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and unsettled. ARTICLE 9 Insurance, Indemnity and Waiver of Subrogation 9.1 Indemnity 9.1.1 TL.. L-. :_.J..... _:f_....J L..I.J LL.. JZ.. ,...._ L.. _....1...... C_...,.... .. 11 ..1..:..,... c..._ L...J:1.. :_:.._..._.J __.._....I.. -1llc LJVIILICIL.LVI aylcGJ lV Illucllllllly a{lu IIVIU u1G vrrllcl licullilVaS MAIN all VIa11113 ION LJVully uguly atlu FJIVFJGIIy id........gefi. aL.._ aL.._ LL.. LnI--I.: a.... IC..... J.. aL ..__._........L..:.�....._...J ..... a.._n...........+.,.L A A%&I ._ L.,........._ :....t_.......aL.. n.....a.... ..a.. J.. 4a11layc wu IGI U lal 1 U IV r vvl t\ ILJCU a1 lU VU Icl FJI VF VI ly 11 IJUI cU U IUUI 1 al ayl aFn 1 J.-T J U ICIL I1 May at IOC I VI1 I Lill-, IJVI lU aLJIVI v ..a: _d.._ LL: _A VFJCrauvil� ul lucl a Iw rlyr cc7ilcl u. `.1.2 The Owner shall cause any other contractor who may have a contract with the Owner to perform work in the areas where Work will be performed under this Agreement, to agree to indemnify the Owner and the Contractor and hold them harmless from all claims for bodily injury and property damage (other than property insured under Paragraph 9.4) that may arise from that contractor's operations. Such provisions shall be in a form satisfactory to the Contractor. 9.2 Contractor's Liability Insurance 9.2.1 The Contractor shall purchase and maintain such insurance as will protect him from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 9.2.1.1 Claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; 9.2.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees under any applicable employer's liability law; 9.2.1.3 Claims for damages because of bodily injury, or death of any person other than his employees; 9.2.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (2) by any other person; 9.2.1.5 Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use therefrom. 7 9.2.1.6 Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 14.2.2 The Comprehensive General Liability Insurance shall include premises - operations (including explosion, collapse id underground coverage) elevators, independent contractors, completed operations, and blanket contractual liability on all written contracts, all including broad form property damage coverage. 9.2.3 The Contractor's Comprehensive General and Automobile Liability Insurance, as required by Subparagraphs 9.2.1 and 9.2.2 shall be written for not less than limits of liability as follows: a. Comprehensive General Liability 1. Bodily Injury 2. Property Damage b. Comprehensive Automobile Liability 1. Bodily Injury 2. Property Damage $1,000,000.00 Each Occurrence (Completed Operations) $1,000,000.00 Aggregate $1,000,000.00 Each Occurrence $1,000,000.00 Aggregate $500,000.00 Each Person $500,000.00 Each Occurrence $500,000.00 Each Occurrence 9.2.4 Comprehensive General Liability Insurance may be arranged under a single policy for the full limits required or by a combination. of underlying policies with the balance provided by an Excess or Umbrella Liability policy. 9.2.5 The foregoing policies shall contain a provision that coverages afforded under the policies will not be cancelled not renewed until at least sixty (60) days' prior written notice has been given to the Owner. Certificates of Insurance .vowing such coverages to be in force shall be filed with the Owner prior to commencement of the Work. 9.3 Owner's Liability Insurance 9.3.1 The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under this Agreement. 9.4 Insurance to Protect Project 9.4.1 The Contractor shall purchase and maintain property insurance in a form acceptable to the Owner upon the entire Project for the full cost of replacement at the time of any loss. This insurance shall include as named insureds the Owner, the Contractor, Subcontractors and Subsubcontractors and shall insure against loss from the perils of Fire, Extended Coverage, and shall include "All Risk" insurance for physical loss or damage including, without duplication of coverage, at least theft, vandalism, malicious mischief, transit, collapse' flood, earthquake, testing, and damage resulting from defective design, workmanship or material. The Owner will increase limits of coverage, if necessary, to reflect estimated replacement cost. The Owner will be responsible for any co- insurance penalties or deductibles. If the Project covers an addition to or is adjacent to an existing building, the Owner, Subcontractors and Subsubcontractors shall be named as additional insureds under the Contractor's Property Insurance covering such building and its contents. 9.4.1.1 If the Owner finds it necessary to occupy or use a portion or portions of the Project prior to Substantial Completion thereof, such occupancy shall not commence prior to a time mutually agreed to by the Owner and the Contractor and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. This insurance shall not be cancelled or lapsed on account of such partial ccupancy. Consent of the Contractor and of the insurance company or companies to such occupancy or use shall iot be unreasonably withheld. 9.4.2 TL 11..._ M .L L :� .._. _ 1 1 IG V YYI IGI JI loll �.JUI VI IaJG al lu 11lall hall I Juan 1 U%Jllcl al IU I1 IOLI In IclY 1l lain al I%,V as May IJG 1 cyuu cu vl I IG aicJJal r. rL.:.. :.... _...,. ^ L... 11 L..J .. tL... L.... !. ♦.. FiL. .. ll..... .... aL. ,, n.... �......L.._ [�..t..... ��_....�...�.. .. .J [�..t -.,.. t__.... a..,.. ,.a.. _.. .. ate.. I Ina n.s Ulaince sllall r,ok; a aI 1G II IaGIZJIJ VI UIG VYYllcl, 111, %/%JIILlaalaaJI, VUL/L.aJL ILI 0t LU4a a1lu %JULJ0ULJa %Ji JLIQ%1L%J 111 LII- a e r.. _/. rrvin. N. 9.4.3 .i Zia V-w er sI Ia.I pLiI VI IaJC aliu 1 i laii liaii 1 3-011 i ii IJUraI llic aJ YV iIi PI MLV%,L LI 1G Owner and lu it is Contractor I 3 against I of use vi f1% -1 3 Priope i .-due iv u1Wc 'criis iiwurau Pursuant LW v- uJJarChra Fli a.�. 1. v-ii1 viii; "liriii ivvIUtl N N r N a N N r N .. [�_...,......�...,. ,.L ...... ,,I a: a.. _:.. L. _� a: _..:.,. ,.. ... .....L ,....J ,.tat... /1..._.._.. _,� aL,. /'�,. _a_,. ,,a.._ --------- 1.,L.... Cayc wl cnF.JClww VI cnFJZViuily Iila acllalJ, VVilUlIUIII vrc111cau VI Ylc vrrllcl QIIV LItG liVltllQVIVI, IICVGJJQIy lauvl coverage I ... A:__ ... .. t_ t :_.......- L.. at__ �..._,._ __,.I ..aL.._ .J,.a,._.Y:_...A ....__.... -..,. r..___.._..,...t a'.. r1..._a CXPG;1sa iilC,luuuly vJertililc, IV3s VI Income uy LIIV Vrr1Ir,I QIIV VUIVI UVLV4II111IVV V^JJVJUIIUQ. I.AFJVJUI�J VI Ulc VYrtla,� ...J at- J'% .. _a_ ,.a.. ..L..11 L,. ,A ..a.- ...J L. .a. ..1 _a _.J ,.a,. 1: :a.. _Ir L:. ...A t.. ..L U Iu 111c aAV1IUavlVI JI1Ql1 LJU UcicrIIlIIlUU LJr IiwauQl CA raalilalla allU QVF CIICALIU III IIIaJ VI Wvcrayc IIAGU IVI GaLIl ILVIII. 9.4.4 The Owner or Contractor shall file a copy of all policies with the Owner or Contractor before an exposure to loss may occur. Copies of any subsequent endorsements will be furnished to the Owner or Contractor. The Owner or Contractor will be given sixty (60) days notice of cancellation, non - renewal, or any endorsements restricting or reducing coverage. NIL vvliilar uv23 YIGL ii 1LV U iiJ FJuriliaac aui.1 i ii laui ai -i,a aliaii ii Iivl i I I ii is vvi Iii aiivi [if 1 ririiii Iy �Jrivi iv aL .. .. _a lA /.._I. TL. �...- a..,...a.._ ..... aL .._ ar --, ' ..L :..L .: 11 _ .. a....L aL.. :_L.�_.... a.. _t L:.Y....1c UIG WIIIIIIGIIa,c111G1 ILVt UIC YY VIII. I IIV % V ILI QwVI IIIQY Lllcll Gl lcl,l I aiwc Yr1Ua.I1 rrlll FJrvaca.a UIC nucIUQLQ V1 ImIIJCI LL_ ,. o..L,.,._a�....a..._„_..._.J aL.. :_ o..L....a:,..._a_.._a__.. :_ &I-- n_..:,...a aL_ .. ..a - 9 ... I-:- _L__II L.- _J.I,..A a.. aL... I . _ [%......L.. Lila VaALJL,V1IUa"%JIQ allu LIIU11 VYUJUUa,VllalaL,tVIJ I11 QIIV I IMIJIU", UIV a,VJa VI YrIIIUII Jllall UG QUUGLJ aV UIG L.UIIIFJ VUIII Uy vilangc vi uar. if u le vvi turaiivr is dal raged uy lai11U c vi uia %J VV i lar tv put %,I yr I I IQII I loll l JYa,I i ii Isui ai IL V Or iv 3e ,.aa.. aL„ ^ont_,...a,._ aL.. �......,_ ,.I , I L% -- --11 _ ..LL. ,. ..a,. -. _t....u_L..a..Ll.. aL.._,.a.. ilvuly U1c vvlulaa,LVI, UIV vrrllcl Jrtall -cal au Iaaavilaulc 14VOLO PIUF VIly QlallaJULCILAe LIlcicay. 9.5 Propal ji insurance LOSS JA aujuau11W1I& ON L A A.... :......_...A 1...... ..L.. 11 L.. ...A:. .,,a,..J ...:aL aL.. 11.......- .. _.J LL.. lam.. _a_.. ,.a.._ ..._.J ........A.. ..... ...L1.. a.. aL .. /'1..._.._ .. _.� 3.J.I Ally IIIJUIVU IVJJ Jllall UV QUJUJIGU rrlall_LII vrrllcl alt- LIIIU LJVIILICA"Vl' aIIU IIIQUG FJayaaJIV lV Ulc vrrllcl QIIU J►.._a_ c,%O a_. ..a.. aL ....a... - VVIIUQI,IVI as lI UJIGGJ IVI uIV IIIJUrcUJ, aJ lllcll 11ILVIVOaJ Illay cappualI OULJ�K;I L LW ally CIFJFJ /I%,ULJlc II Iv1 ayayca a.1auay. n C 11 I I_ aL .. „r1. .. ,A I.. ...1 :11 L,. .A,. :a..A ..a.. _a ..,A aL.. .7. 1P S. VFJVII UIG Va,U41i GIIa,G VI all IIIJUIGU IVJJ, IIIVIIIGJ IGa,GIrcU rYlll Ua UC,posi IGU 111 Q JGFJaI aIG OI,L,VUtII allU 1116 a. aa .L. 11 : :w Ut- 41-- .r aL . .t U-Jlc J11all 11a1LUJa_Uua: _J ac 1UI .. ..L UIV CIVrcclilalla VI LIIU F.JQIUCs III illacraJa, vi ill UIV aUQUIRoV vl Juad1 ..... _.....,..... _a ......... _.J.._.... ...aL .._ .. _L:a_.. �...... _.J _.._...... _a a.. n- a :.J.. AO IraL .. ate. ...a...... .. _� .._..LI- a_ ......,... L..a..... .._ aytccnlcna, nl al,wlUallcc rrutl QII al UluauVII CAVVCIIU Put JUaIIL avraluvlc I.J. It ulc LIUJaccs ale Yllaulc av GlutV ucLrrccll aL ..- ...,...1. ..... ..... aL ,. �.., aal....,... _a ..r aL.. L..... ... ...L .J :..... .a.. -"-It ..I.... L.. ,...L- ...:u...J a.. .._L:a_.. a:.._ .... _.... ... _a a.. A_t:..l.. AA UL'amise:V63 VII h JG IUGIIICIII VI 1116 IVJJ, JUa,ll u1JFJU lc JIIQII QWV UG JUUIItI IaV LV ca ull1011Vll FJU1JUQllI lv /11 ltvIG IU. 9.6 Waiver of Subrogation 9.6.1 The Owner and Contractor waive all rights against each other, the Architect/Engineer, Subcontractors and Subsubcontractors for damages caused by perils covered by insurance provided under Paragraph 9.4, except such rights as they may have to the proceeds of such insurance held by the Owner and Contractor as trustees. The ontractor shall require similar waivers from all Subcontractors and Subsubcontractors. 9.6.2 The Owner and Contractor waive all rights against each other and the Architect/Engineer, Subcontractors and Subsubcontractors for loss or damage to any equipment used in connection with the Project which loss is covered by any property insurance. The Contractor shall require similar waivers from all Subcontractors and Subsubcontractors. 9.6.3 TI he VYYIICr vYaiVG3 subt VyaUVII ayalI lot U G VGllll aa,lvi, Pal a,l IIGIiV Lily IIIGGI, VUL01VI IlrQVlv1 J, a11u vL;LU LJ ilLICAkItvra VIII aii proper", ay ailu ivilQV4UVIItiQl Ivan JJViiiiaa iclrriau p UIV vVVIIVr Vil aujaa:cili FI%JJFIUILics aiw -'A ^- " ,.. -1.. __a ,. ..a:,.1 I_.._ _..1:_:,... _ ..L..sed t.._ aL.. n_..:..,.a ..u�._.:a,. Lin JGI properly all- a,vllJayua11uo1 IVJJ FJVIIL,IGJ F.J- Ia,[IQJGU IV 1 a11G 1 Ivjca,a allcl 7lJ 1,V111FJtG lIVlI. 9.6.4 If the policies of insurance referred to in this Paragraph require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. ARTICLE 10 TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONTRACTOR'S OBLIGATIONS 10.1 Termination by the Contractor 10.1.1 If the Project is stopped for a period of thirty (30) days under an order of any court, or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or if the Project should be stopped for a period of thirty (30) days by the Contractor for the Owner's failure to make payment thereon, then the Contractor may, upon seven days' written notice to the Owner, terminate this Agreement and recover from the Owner payment for all Work executed, the Lump Sum earned to date, and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages. III 10.2 Owner's Right to Perform Contractor's Obligations and Termination by the Owner for Cause 10.2.1 If the Contractor fails to perform any of his obligations under this Agreement, including any obligation he assumes to perform Work with his own forces, the Owner may, after seven days' written notice, during which period ,e Contractor fails to perform such obligation, make good such deficiencies. The Lump Sum, if any, shall be reduced -,y the cost to the Owner of making good such deficiencies. 10.2.2 If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make proper payment to Subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement, then the Owner may, without prejudice to any right or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, during which period the Contractor fails to cure the violation, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever, reasonable method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the Work is finished nor shall he be relieved from his obligations assumed under Article 6. 10.3 Termination by Owner Without Cause 10.3.1 11 XL-- c a%.JVVI IVI 0-,I I..IIIatGS 41-- G r\y IGC111G1 I1 %JI IGI t hall F UIJl.IQ1 It 4- V I V.G.L, IG 01 Qii'Jay 11 G VVI Il1aVlV1 t 1G L%JLUI V : a.\ VVSts Incurred u•� Ula f, -&--- III G 11 V.I11MU Ulc I IV,cVI Illa,IUVII1U III UCII L/aJSts -alIU Ic al L%Jl y V AFc1IJGJ- -�u.j (� y N a � a i✓ N y N +� � ....L.3 _....__,.J .. .. Lal:_,,. .3_J Paying . 1111. L__......... L:...- _I _........_J.... Cods Incurred In JcaUIng and Pay111aJ. acll+tu+auon. NIalmis aa11VG1 &VI II III Ia LGU JUIJVVI ILI QVIJ, k1--1 r1VaiVU11U11L�, IGaJ. al, NIGIICQI J ..aL. ---a _.3OU14. _l UiV and VLI IGI UAF.JGI IJGJ It IVUI ICU aJ IGJUIa VI UIG aGI111111a 1IV11, ,U.� %JLVI QLu G, 11 a11JFJV1 laa1V1I, UG /IIVIJIULaIIVII QIIU Vlllcl a+VJl.r .. J F.._ A_.. IllcurlcU ILA UIV F.JIUQV1VQUVII, FJIVLu%,UVll Vt UIJFJVJIIIVII VI ItlalG11a1 allu cyu1FJ111c1u VII 1116 1 IVJGCI, `c./ 111 ly V111G1 J ....3_____1.1_ 1_ :......_.._J I3.. La... /x__1_.3.34__ .3.3 .. _.3... .1a .3F ♦L3_ r1..._.3 _1.3 a„__...:__a:.......l au:_ necessary and reasonable cVJLJ incurred Vy LIIG VVIIU Qa/aaJl aJ Q IGJUI% VI LIIU VVVllcl J 1c1111111a1IV11 VI LIIIJ r-% IGGIIIGIII, /1 \ rl..__L3__J .31 L.._ ______a /.1 AA/ \ -11L- a�.a. -.1 .......... ..�.L ..l l.. %4.L -- -..- -L /.. \..4....1111 __..AL ..a a.... 1111. _......a 14^411 \ ..F LL-- L..L..1 ki I V VGI It U Ql LUI l FJGI L.c1IL, IV 101 VI LI Ic %%JLat a11IVU1la VI ka.j L111 VUL,. 11 �G.� aLJV VG, FJI Vlll CAL Lc++ FJCI VGI Il k 1 V /0J VI 11IG lVlQl a .3F /.3\ N44 ------ /1\ ..13.3.... J:. ...L.3.J _11_,11 .....a L_ A.4:. 1-- C 13_.J 7 1.. .._1 _..1 _a:_... LL..3 _i J.... 413_ /x13_4_.3.31.3.. a+IlVUIIL VI `al LI11 VUy1I k1 j aLJVVG, as QUJUJICV FJUIJUaIIi. lV r\14a11GJ V G111U 1 11t cQ+VU1Ql11Iy ll IG QIIIVUIII UUc Ulc VVIIUaa/L%JI J__ LL3:_ 1_..., ,. J_J.._a:.3_ ..1..311 43 .. J_ F.._ _11 .........M L_ LL3_ !x13_1___1__ .._.J.3_ LL.:.. A.,._.3.3.3. IV]It '91uc1 4110 %,IauOC, Q deft JI Ian uc IIIaUG IVI Q11 pay111c11aJ lV a11G VVIlll al..lVl UIIUGI 1111) r\y1GG111Gl11. ARTICLE 11 Assignment and Governing Law 11.1 Neither the Owner nor the Contractor shall assign his interest in this Agreement without the written consent of the other except as to the assignment of proceeds. 11.2 TL3:_ A ___.3...3.3_113131311 1313 _J L3.1 41,3 I.3...:_ 13F1.3_L ..114.13 I.. --A'__ 11L3:13 n_13 :13.31 1 111) rllJ. I GGII lcl ll J11Q11 Uc aj", VYGI I IGU Vy a IV ICIVV 111 c11GVa as U IG IVa.a IIVI l VI LIIIJ 1 I VJcVL. ARTICLE 12 Miscellaneous Provisions 12.1 Proposal for Design/Build Services for Parks Facilities, The City of Palm Beach Gardens, Florida, attached as Exhibit 1. 12.2 Minimum change order amount is: $500.00 12.3 Retainage in the amount of 10% shall be held until the project reaches 50% completion, at which time the retainage shall be reduced to 5 %. No retainage shall be held on the following items: a. Pre - engineered Building and Freight: $ 48,558.11 b. Architectural Fees: $ 27,593.09 C. Print costs: $ 340.01 d. Payment and Performance Bond: $ 8,162.88 e. Builder's Risk Insurance" $ 2,832.50 A JJ.._.J. 1111 1.311.3..._. uTL.:.3 ..__. ---__L a_ __L3:a_13L13 13L3_11 :.. _I..J_ 13_.. _I_:.,... 2.4 r\UUC11Vu111 aJ IVIIVri I hits ag eell a ll aV CII VILtaLU ailall II IadUUC ally stall ll VI VVl t U 1 LJULlaJ1 I VI 11 14 61 III lley ..1.3J I ___ ..L., a_ 4L.:_ 1_:.� 1111 .issellcu LJy vl lc �Jal ey aV U110 ayl cc111G1 IL ayCIII IJe 1116 VU IVI �JQI.Iy UVCII 11 JQ14- cla1111 QrisGG 11 VI 11 a U III U F CII ay VVIIV Iv _J__ _ 131.1:.... __LAUCIL_ LI I.3 _.....LLVi _L _ _L UI IUGI I IV VUIIIJ. QUV,+ lV QI VIU Qlc LI IG JU U�GGI 111411G1 VI JUGI I acUV11. 10 12.5 As represented in Exhibit 1, Ahrens has based their proposal on information provided by the various utilities. Should there be any conflict or change required, there will be an adjustment to the contract amount as per the contract. '9.6 Any change orders shall include in the cost; material, labor, equipment, subcontractors, pervision /management costs and will include a 15% contractor's mark -up. 12.7 Preliminary site plans, floor plans, and architectural elevations as per Exhibit 2. 12.8 The deductible for the Builders Risk Policy is $ 1,000.00, except Wind and Hail, which is 2% of the limit, as provided b y the Contractor. 12.9 Should any application to the South Florida Water Management be required, it will be the responsibility of the Owner. 12.10 Schedule of Values dated August 4, 2000 attached as Exhibit 3. 12.11 All items included in the specifications referenced in Exhibit 1 are the only items included in the base price. Any required code changes, or plan review and/or inspector's revisions shall constitute a change in the scope of work and shall result in a Change Order, if applicable. 12.12 Any Owner requested items that differ from or are in addition to the plans in Exhibit #2 shall result in a change of the scope of work shall result in a Change Order, if applicable. This includes changes mentioned during the presentation meeting. 12.13 The alternates proposed at the time of presentation are not included in this Contract price. Once chosen, if any, we shall adjust the Contract price accordingly. AI'LrI. -I r A n 1\ 1IV LL 1 1 Ai vial aaivll qA A 4-17! -r1 ArA IT T!1 A P]!'f ITI"f ATI-. A 11 .J.. :.,. - J:..... .I.-- .._.J .......ta...... :_ a:.. .. A. ..L 1.-. a:_... a.. al.. :.. J. 1 r1 VI aLL /V /L /Y 1 I will a✓II IAll I L. rill vlall l lJ, UIJFJUtUa a11U It lallcl a7 111 %A UU,)UVII ali MIIU WUL VI, Vl IuIQUIl LV Lill - A�//11 L LL... L. -_.. ,.L..LL... -_..r A_..1 grcclileila Vr th u1Gav11 U1c{cvI UA%,U L IVI VIalII1J YYlllvll Ilavc LJ%, YYalvcU' LJy LIIU IIIa F%IIIV. VI aVVGjJ ta11VG VI 111 ICII a .. J LL... ..1..:...... J......�: L...J :_ A- L:.J.. do 7 .. L...11 t... 11- _:.4 -J I_.. ....t.:a....a:.._ • J..._.... ...:at. al.- f, _..a -. ...a:..._ psy1118111., allu LI 1c vlall 110 ucJVllVuu 111 rl1UVIG IJ.1 , Jllall VG UGVIUGU Uy aI UIU aIIVII 111 avvV1Ua11vG YYIUI UIG VVIIJ IIUVIIVII 1.,. . A- L.:a.... L:.._ fl. .l.... L LL._ A......J...... A- L.:L... I:.._ A.... .. _:_L:__ ILL..._ rL.. _t 1....... aL. .. 1 a. ... 11.. .. -.... 11 IU UJUy A UllI LIVll 1% VI UIC r,% Ihall A l maiwll rtJJVVIalIV1I UIVII 111 GIIGVa Ulm- J ►IlG Pat aluJ It liit4ally aylGv -tiler IJC. TI his agreemient I% liviiiatc ii iii uc �FJCiiiii.Caiiy cilfvii',cauic uiluci'i is �JicVaiiiily aiviuliivill iav'r. 1II�� a1 A//l T/Par- Plr I'1rA AA Alf '%. AL.L:.... ..L aL .. 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IYULllllltJ. 111 UIIJ I'll tIVIG Jllall IIIIIIt ally IILJIILJ VI IGIIIGUIGJ IIVL _1. ... J by al._ r�__a.C-1 I VVII u L L...... Q. cri�:Jic$Jl�i vvaivcu by anc vvnuavwl vvnwll u1c vvnuavwl Ii1ly +lavc uiwcl IIGIIIaYYJ VI FJaylilcilt uvlwJ. .f ^ t%A A Ar AVlr)ITPI A T/lf')[�. T.. Ls.... .... _..: �.._... ....L.._L _..- .,...:u..J L... 1..... -11 ..1..:.........L.:.. L. ...... -..I..L...J a....- J.. _..._J...sL .J.V VJ7 /L J7I %LJ1 I a Vs. a wl %V. 1 V Ulu I lla/all l lul l l GALC.I IL FJul I I IILtuU uy IGa Y11, all "CIIn IJ VVI llvl l al c IclaacU lV VI UGP'Ul luul It U F.JV iI Gall 1 00 her, JI -all, 1-6 I IGa iu Uy 111G Jal11G DI VIl1 atV1 UI Cal UIl1 atV1 J G V GI I t 11 VUy11 UIG F.JaI 1123 &1 G I IVs. tl lG Ja111G. 11 w� rv�rr� IWO IJ. I I ila�.._..,.,....,. laid.. ..r L_:L....L:U_ • .A......_:Ly _.�.a6iL L J. � LJwa_L � � v� v�J. � � ua ayi cci nc1 1a av aI uiu aac al eau I wl aFJIny av of �y �,iau � I vl Co; nnvuuvi I vi i�iaLCn II my aaac� L2Lj L... .._.. ......L.. L.. LL.:.. A.. �.. ....,......a .......:.....L LL... ..Lt..... �....i.......� ... .:..:.... ... .a ..r ...... ....L :.._ L...... ..,. L.L :.,. .. -4-4- r..-L.._„l --.. -i LJy Ul 41U PCH LY W UIla r,ylGGI 1161 I1 ayall Lal UIG VU IGI FJa1 Ly al lu al lall ly %JUL V1 ally a4,UaJ1 1 UI VUy1 IL 111 Q aLalG %A IOUGIaI a,%JUI l..a_... L'...,. L... .. ...L. .. .J ......... L.1:.,. i.. ....a.:L�..a.. LL... L.:....L ..,. L+..� _r ... ...L. .�..A .._ .. :LL. 'LL. .... -.r LL. VI UI al UILIaLl Ulf LJy a'JGraV11I WVIw 10 uiluci Iw ou IyGtivi av CAN LAU aav UIc aU&JjcV.k II IQLaci vI JU%AI aa,UVII VVILII ciu 1cl v6 UI2 na lu "are". L%iJ. iii any uijFJUic CaiiailIV vvci iilc CAPPII%,QU%JII v ii1i,3 inaiiii',ic 4,JJ.1 , uic yiic�uviI vi aiviiiauiiiay 3itaii uc� ...L ..A L. LL... .. ... L.+ .. ...L ..._.J .. ..L L... .. �L.:L....L:.._ oclueu vy the app o�niaac wui a and � iva vy ad u +u auw 1. Owner: City of Palm Beach Gardens By: Joseph R. Russo, Mayor Attest: Carol Gold, CMC, City Clerk Contractor: Ahrens Enterprises, Inc., a Florida corporation, dlbla Ahrens Companies By: Richard C. Ahrens, Vice President Attest: Secretary 12 Addendum to Standard Form of Agreement and General Conditions Between Owner and Contractor THIS ADDENDUM TO AGREEMENT is executed of even date with that Agreement by and between the City of Palm Beach Gardens ( "Owner") and Ahrens Companies ( "Contractor") for the design and construction of a Parks Storage /Restroom Facility and Concession Building. The parties acknowledge that all language stricken through in the Standard Form of Agreement is hereby deleted. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do agree to further amend and revise the Agreement as set forth below: Paragraph 1.2: Amend to specifically incorporate the Proposal for Design /Build Services for Parks Facilities into the Agreement. Paragraph 2.1.3: Substitute the following for the last sentence: "All documents, including Drawings and Specifications prepared by orfurnished to the Owner shall remain the property of the Contractor. Owner may, however, make and retain copies for information and reference in connection with the use and occupancy of the Project by Owner and others, provided such documents are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project." Paragraph 2.2.5: Add the following language: "Except where otherwise expressly required, the Owner shall not be responsible for monitoring the Contractor's compliance with any Laws or Regulations." Paragraph 2.4.1: Amend second sentence to read as follows: 'The Contractor agrees to correct all Work performed by him under this Agreement which provides to be defective in material and workmanship within a period of one year from the date the Project is completed, or for such longer periods of time as may be set forth with respect to specific warranties contained in the Specifications." Paragraph 2.4.5: Add new paragraph to read as follows: "Prior to commencing any Work, the Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Lump Sum Price as security for the faithful performance and payment of all the Contractor's obligations to furnish, provide and pay for construction of the Work and completion of the Project, in addition to related materials under the Agreement. These bonds shall remain in effect at least until one year after the date when final payment becomes due, except as Page 1 of 8 otherwise provided by Law. All bonds shall be obtained from surety or insurance companies that are duly licensed and authorized in Florida to issue bonds for the limits required. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act." Paragraph 5.1: Amend to read as follows: "The Work to be performed under this Agreement shall be commenced on or about September 25, 2000, and shall be substantially completed in accordance with section 8.4 on or before March 29, 2001, and completed and ready for final payment in accordance with section 8.5 on or before April 1, 2001, pending City Council approval of this Agreement on or before September 21, 2000." Paragraph 5.1.1: Add new paragraph to read as follows: "Contractor and the Owner recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 5.1, plus any time extensions thereof in accordance with paragraph 5.3 and Article 7. The parties also recognize the delays, expenses and difficulties involved in proving the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and the Contractor agree that as liquidated damages for delay (but not as a penalty) the Contractor shall pay the Owner $500.00 for each day that expires after the time specified in paragraph 5.1 for Substantial Completion until the Project is substantially complete. After Substantial Completion, if the Contractor shall neglect, refuse or fail to complete the remaining Workwithin the time specified in paragraph 5.1 for completion and readiness for final payment or any proper extension thereof granted by the Owner, the Contractor shall pay the Owner $500.00 for each day that expires after the time specified in paragraph 5.1 for completion and readiness for final payment. Paragraph 7.1.4: Substitute the following: "Contractor shall promptly, and before conditions are disturbed, give a written notice to the Owner of (a) subsurface or latent physical conditions at the Site which differ materially from those indicated in Drawings, Specifications, or owner - furnished information or (b) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered in work of the character called for by the Agreement. Owner will investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this Page 2 of 8 paragraph and the Lump Sum and Contract Time Schedule modified in accordance with this Article. No request by the Contractor for an equitable adjustment under this paragraph shall be allowed unless the Contractor has given the written notice required." Paragraph 7.2.1: Amend to read as follows: "If the Contractor wishes to make a claim for an increase in the Lump Sum or an extension of the Contract Time Schedule, he shall give the Owner written notice thereof within thirty (30) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall act, at his discretion, to prevent threatened damage, injury or loss. Claims arising from delay must be made within thirty (30) days after the delay. Increases based upon design and estimating costs with respect to possible changes requested by the Owner, shall be made within thirty (30) days after the decision is made not to proceed with the change. No claim for additional cost, time or delay shall be valid unless made in accordance with this paragraph. If the Owner and the Contractor cannot agree on the amount of the adjustment in the Lump Sum, and the Contract Time Schedule, the Owner and the Contractor may seek any right or remedy available under applicable law. Any change in the Lump Sum or Contract Time Schedule resulting from such claim shall be authorized by Change Order. Paragraph 8.1.2: Amend to provide that payments be made within thirty (30) days after receipt of each monthly Application for Payment and add the following language: "Owner may refuse to make the whole or any part of any such payment, or nullify any previous payment, to the extent that it is reasonably necessary to protect the Ownerfrom loss because: (a) the work is defective or completed Work has been damaged requiring correction or replacement; (b) the Lump Sum has been reduced by written amendment or change order; (c) Owner has been required to correct defective Work; (d) claims have been made against Owner on account of the Contractor's performance or furnishing of the Work; or (e) there are other items entitling Owner to set off against the amount for which application is made." Paragraph 8.1.4: Substitute the following: "All moneys are due and payable in accordance with the Florida Prompt Payment Act." Page 3 of 8 Paragraph 8.4: Substitute the following: 8.4 Substantial Completion 8.4.1 When the Contractor considers the Project ready for its intended use, the Contractor shall notify the Owner in writing that the Project is substantially complete (except for items listed by the Contractor as incomplete) and request that the Owner issue a certificate of Substantial Completion. 8.4.2 Within a reasonable time after receipt of such request, the Owner and the Contractor shall make an inspection of the Project to determine the status of completion. If the Owner does not consider the Project substantially complete, the Owner will notify the Contractor, in writing, giving the reasons therefor. If the Owner considers the Project substantially complete, the Owner will prepare and deliver to the Contractor a certificate of Substantial Completion which will fix the date of Substantial Completion. Attached to the certificate shall be a list of items to be completed or corrected before Final Payment. The Project shall be considered Substantially Complete if the Owner occupies the Project. Paragraph 8.5: Substitute the following: 8.5 Final Payment 8.5.1 After the Contractor has completed and corrected all outstanding items, the Contractor may make application for Final Payment. Before issuance of Final Payment, the Contractor shall present Owner with satisfactory evidence that all payrolls, materials bills and other indebtedness connected with the Project have been paid or otherwise satisfied. 8.5.2 If the Owner is satisfied that the Project has been completed and the Contractor's obligations under this Agreement have been fulfilled, the Owner will, within ten (10) days after receipt of the final application for payment, given written notice that the Work is acceptable. Otherwise, the Owner will return the application to the Contractor indicating, in writing, the reasons for refusing to process the final payment, in which case the Contractor shall make the necessary corrections and resubmit the application. Final payment shall be due thirty (30) days after presentation to the Ownerof an acceptable application for payment and all documents required under this Agreement. Page 4 of 8 41 Paragraph 9.1.1: Substitute the following: "Contractor shall indemnify and hold harmless Owner, Owner's elected and appointed officials, employees, agents and consultants from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals in addition to all court or arbitration or other dispute resolution costs) arising out of or resulting from its performance under this Agreement in completing the Project, provided that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent such claim, cost or damage is caused by any negligent act or omission of Contractor, the Architect/Engineer, any Subcontractor, any Supplier, any individual or entity directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable." Paragraph 9.4.1: Amend to provide that all obligations with respect to insurance, including increasing limits of coverage and the payment of co- insurance penalties or deductibles, are the responsibility of the Contractor. Paragraph 9.4.4: Amend the first three sentences to read as follows: "The Contractor shall file a copy of all policies with the Owner before an exposure to loss may occur. Copies of any subsequent endorsements will be furnished to the Owner. The Owner will be given sixty (60) days notice of cancellation, non - renewal, or any endorsements restricting or reducing coverage." Remainder of the paragraph is deleted. Paragraph 10.3.1: Substitute the following: "Upon seven (7) days' written notice to the Contractor, the Owner may, without cause and without prejudice to any other right or remedy of the Owner, elect to terminate this Agreement. In such case, the Contractor shall be paid (without duplication of any items) for: (a) completed and acceptable Work in accordances with the Drawings and Specifications prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such work; (b) expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Drawings and Specifications in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; (c) amounts paid in settlement of terminated contracts with Subcontractors, the Architect/Engineer, Suppliers and others; and (d) reasonable expenses directly attributable to termination." Page 5 of 8 Paragraph 10.3.2: Add new paragraph to read as follows: "The Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination." Paragraph 11.2: Substitute the following in its place: "This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida." Paragraph 11.3: Add new paragraph to read as follows: "The parties acknowledge that a substantial portion of the negotiations, anticipated performance and execution of this Agreement occurred and shall occur in Palm Beach County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the court of the United States Southern District of Florida and (b) consents to the jurisdiction of such court in any suit, action or proceeding." Paragraph 12.3: Amend to provide that the amount of retainage will be reduced to five percent (5 %) when the Project reaches Substantial Completion. Paragraph 12.11: Amend second sentence to read as follows: "Any required code changes or inspector's revisions occurring since the date the Contractor submitted its proposal shall constitute a change in the scope of work and shall result in a Change Order, if applicable." Paragraph 12.14: Add new paragraph to read as follows: "Contractor has visited the Sites upon which the Work is to be performed and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance or furnishing of the Work. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Sites and all drawings of physical conditions in or relating to existing surface or subsurface structures or contiguous to the Site which have been identified or made available by Owner." Paragraph 12.15: Add new paragraph to read as follows: "Any provision or part of the Contract documents held to be void or unenforceable under by a court of competent jurisdiction shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and Page 6 of 8 enforceable provision that comes as close as possible to expressing the intention of the stricken provision." Paragraph 12.16: Add new paragraph to read as follows: "if any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and court costs (including, without limitation, all such fees, costs and expenses incident to appeals) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled." Paragraph 12.17: Add new paragraph to read as follows: "Whenever any provision of the Agreement requires the giving of written notice, it will be deemed to have been validly given when hand delivered, transmitted by facsimile to the last known facsimile telephone number (with time and date confirmation) or mailed certified mail, return receipt requested, to the following: For the Owner: City of Palm Beach Gardens Attn: City Manager 10500 North Military Trail Palm Beach Gardens, Florida 33410 Phone: (561) 799 -4110 Facsimile: (561) 799 -4111 with a copy to: Watterson, Hyland & Klett 4100 RCA Boulevard Palm Beach Gardens, Florida 33410 Phone: (561) 627 -5000 Facsimile: (561) 627 -5600 For the Contractor: Ahrens Companies Attn: Richard C. Ahrens 3750 Investment Lane, Suite #2 West Palm Beach, Florida 33404 Phone: (561) 863 -9004 Facsimile: (561) 863 -9007 Page 7 of 8 • IN WITNESS WHEREOF, this Addendum is executed of even date with the Standard Form of Design -Build Agreement and General Conditions between the Owner and the Contractor. Owner: City of Palm Beach Gardens, a Florida municipal corporation Attest: Carol Gold, CMC, City Clerk Joseph R. Russo, Mayor Contractor: Ahrens Enterprises, Inc., a Florida corporation, d /b /a Ahrens Companies in Attest: Secretary P: \CPW in \H I STORY\000907A\442.BB(319.059)Ig r- doc186 Page 8 of 8 Richard C. Ahrens, Vice President 45 • W,l FROM: SUBJECT RECEIVED CITY`( MANAGER'S OFFICE `; 1 : Ron Ferris, Interim City Manager - DATE: October 25, 2000 Sue Miller, Director of Parks and Recreation Parks Storage Building In August of 1998, staff requested to "piggyback" a Palm Beach County Contract with MPA Architects of West Palm, to provide the architectural and design services to construct a 6,000 — 8,000 square foot. parks storage building along with rest. rooms for the soccer complex. The cost at that time to have MPA provide these services was $24,850. This process was not approved and staff was instructed to do an RFQ for these services. In October of 1998, staff issued a LOI (Letter of Interest) for firms interested in supplying the Architectural and Engineering services to design the same 6,000 - 8,000 square foot parks storage facility including public rest rooms which would serve the soccer fields. Five firms responded to the request including- REG Architects of West Palm Beach; Edlund' and Dritenbas of Vero Beach; Bermello - Ajamil & Partners of Miami; The Russel Partnership of Miami; and Peter H. Hand Associates of Atlanta, Georgia. Of the five respondents, staff selected REG, Edlund and Dritenbas, and Bermello- Ajamil & Partners to present to a selection committee their proposals as outlined in the specifications. Following the presentations by the firms to the selection committee, the committee recommended that staff negotiate with REG to provide these services. During these negotiations, REG provided cost estimates to complete the project that were considerably higher than the $302,000 budgeted for the project. REG estimated the following costs for the project: 5,000 sq. ft. Maintenance area - 1,000 sq. ft. Staff area - 1,000 sq. ft. Public rest room areas - Landscape, Irrigation and Parking - 5% contingency Estimated Construction Costs Estimated Architectural and Engineering Costs Total Estimated Costs $250,000 $ 75,000 $100,000 $ 60,000 $ 25,000 $500,000 $ 51,000 $551,000 When staff looked at those figures, it was apparent there was not enough money to complete the project, and the A&E fees looked high when compared to the estimated A &E fees proposed by MPA in-the "piggyback' proposal. Faced with the increased costs to complete the project, it was postponed until additional money could be earmarked for the project. In January 2000, a new RFQ was issued for the design build of the parks storage building along with the newly added building that included a.concession stand/rest room and storage facility for the Roller Hockey leagues. Since the roller hockey program had been operating for nearly 5 years utilizing port -o -lets, it was imperative that this building be added to the project, due to the complaints the department and City had been receiving from those participants and parents. In March of 2000 presentations from the two firms who responded to the RFQ were held at City Hall. Following these presentations, the committee decided to negotiate with Aherns Companies to provide the complete design build process for these two facilities. Aherns proposal to complete these two facilities, as outlined in the RFQ, was $540,044.99. The other firm (Select Contracting) who completed the process quoted a price of $697,000. Staff believes that the project would not only be delayed again if the traditional method of bidding were utilized, but it would be more costly. In order to complete the process utilizing the traditional method, the City would have to issue an LOI for Architects to design the project (which could take approximately 10 -12 weeks): The Architect would then have to design and engineer the facility, prepare bid documents and construction drawings, and then the project would be let for bid. Staff estimates this would add an additional 3 — 5 months to the project, and would. cost an additional $40,000 - $50,000 for Architect and Engineer fees to design and engineer both buildings and surrounding areas. Staff also believes that utilizing the traditional process would increase the cost of the project wherein certain elements of the facilities as designed in the design/build process may need to be deleted in order to stay within budget. Staff would like to proceed with the project as outlined in the agenda item of September 21, 2000. Not only has staff of the parks and recreation department invested numerous hours in this process, the City Engineer assisted in developing the specifications and scope of services and attended several meetings. with proposer's to ensure that. all aspects of the project were included in the package. Additionally, the City Attorney spent 13.4 hours ($2,010.00) negotiating a contract with Aherns. Staff would welcome the assistance of a professional project manager to ensure that this, and other projects, are completed in the manner in which they are designed. Your assistance in moving this project forward in the most expedient and cost effective manner will be appreciated, and if I can be of any assistance, please advise. FROM FAX NO. Dec. 04 2000 09:57RM P2 rRpM M-01E NOV. 2= 2000 33: r11Pt•t F Ap PALM BEACH GARDENS YOUTH ATHLETIC ASSOCIATION, INC. Box 31813 • Palm Beach Owdens, FL 33430 A NorrProtlt Organization November 24, 2COO Mayor Joe Russo Palm Beach Gardens City Council Burns Read Palm Beach Gardens, FL Honorable Mayor Russo and Council Me3mbws: The Palm Beach Garderrs Youth Athletic Anociation Roller Hockey t)ufd met on November 21, 2000 and reviewed the plans for a new tyor+cessionlstorage building. The PSG Parks and Recroatlon depaftent provided the plans for our review. The board unanimously agreed with the building plan eorlce?pt. It was a weloorne sight to actually 660 something tangible, eepociaily something that has been prornleed for quite some time. As you are aware, roller hockey players, parents and spectators have been using portable toilets for over four years. This option h" often been an unsanitary one but tare only one avagaWe to us. In addition, there l3 not a permanent concession, only a small portabie trailer !O&MOd to us by Pepsi. This type Of facility severely limits our ability to adequately raise funds to grow this program, especially when coupled with our storage facility, a steal! aluminum shed_ This storage shed has been the victim of numerous break -ills and we cannot uee it to store anything of value. Our program currently has nearly 600 children enrolled for Moth seasons, ranging in age from 6 — 16 yt&rs old. Include parents, end siblings and we we faced with trying m serve nearly 1200 People with portable toilets and a 12' x 8' concession stand. Given the growth potential of Palm Beach Gardens during the next few years. wo expect this numiber to sweli by at least 2011.6 and possibly more. In an effort to alleviate our current inadequate facilities we urge you to move forward with this (clan as quickly at- poss,Vc. 'The growth of /ntine hockey across the United Steles is phenomenal, w 1M the numbe,- of players yrovwing more than three -fold in the past decade, making R one of the fastesr- grnwing participation sports of the past decade. 'Wine Hockey."Avork Anything that the Roller Hockey Board can do to assist in expediting this vroject we will be happy to do. Thank you for your tune and attention to this issue. Respectfully, PBYAA Roger Hockey Board Pre';ldarlt C Ron Ferris, Interim City Manager ?BGYAA Executive Board • • • • CITY OF PALM BEACH GARDENS RECEIVED MEMORANDUM CITY MANAGER'S OFFICE TO: Ron Ferris — Interim City Manager FROM: Jack Hanson — Building Of cial SUBJECT: Project Manager — Parks and creation DATE: December 19, 2000 Per your request and in response to the concerns of our City Council, I offer my services as construction manager for the Parks & Recreation Storage Building and restrooms project at Plant Drive. If approved, this role will result in no additional cost to the City as we can absorb the required activities in our everyday schedule. If I am unavailable at a critical juncture, Chief Inspector Bud Brown is authorized to act in my stead. Refer to my e -mail response of November 6, 2000 if necessary. DEC. 11. 2000 1 ADPM 'AW, 2 C CHANNING CORPORATION December 11, 2000 Mr. Steve Cramer Director of Growth Management CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: P &Z MEETING — 1212/00 COMMENTS Dear Steve: N0. 5178 P. 2 VIA FACSIMILE 799 -4281 I am sorry I'm going to be out of town on Tuesday, December 12"', but I want to take this opportunity to give you and the board my input on the following items. A. LEGACY PLACE I'm satisfied with what I have seen so far regarding the architectural design of the commercial and residential buildings. I'm also encouraged by the latest landscape site plan. My primary concerns are as follows: 1. The quality of the architectural design and detailing; 2. Appropriate screening of the mass of the buildings with landscaping; 3. Avoidance of a perception of a "sea of parking." B. QARDENS CORPORATE CENTER SIGNAGE 1. North _Flevation: Tenant Signs —OX 2. North and South Elevation: Building I.D. Signs —I'm satisfied with the building I.D. signs,shown on the north elevation, but I think the building T.D. signs on the south elevation should be lowered to the 6h level. I believe our sign ordinance should be strictly adhered to wherever reasonably possible. Continued, please ... 3300 PGA Boulevard, Suite 550, Palm Beach Gardens, FL 33410 (561) 630 -8630 • FAX (561) 630 -8631 DEC. 11. 2000 1: 41 PM MR. STEVE CRAMER P &Z MEETING - DECEMBER 12, 2000 PAGE Two C. FRENCHMAN'S RESERVE I'm satisfied with this plan. N0. 5178 P. 3 D. PALM BEACH COMMUNI7y trHURCH I strongly recommend denial of the requested waiver. 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R SNOILVA313 '1X3 o I 3DVld ADV031 Q N I� � g ooa000 � J m Z 0 a w J W = s O� m OF 9 N T 11 0 J m a z Q H IN K J m PPO O� Z 0 a w J W = 9 U 0 J m Q� z 0 a w J W� N• W� i l rVVIL- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: Dec. 21.,1001) Date Prepared: ec. 12, 2000) Subject/Agenda Item: Funding for the Northern Palm Beach County Transportation Forum. Recommendation /Motion: Motion to authorize the expenditure of $5,000 for the Northern Palm Beach County Traffic Forum. Reviewed by: Originating Dept.: Costs: N/A Council Action: Total City Attorne Planning Division [ ] Approved Finance $ N/A [ ] Approved w/ conditions Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ X ] Other 1. Letter dated 11 -21 -00 [ X ] Not Required City Council Contingency Fund from Patricia Schapley. ub ed by: G wth Mgt. Director Affected parties otified Budget Acct. #: 01- 0100 - 511.5910 ( ] None Approve" City Ma or [ X ] Not required BACKGROUND: The facilitators for the Northern Palm Beach County Transportation Forum have sent the attached letter dated November 21st to the City. The letter indicates that the proposed cost is $18,000 for the forum, which is currently being planned for one or two days in late January or February 2001. The proposed dates should be known by December 14tH. Palm Beach County and the Town of Jupiter have committed to fund $5,000 each toward the cost of the forum. The City of Palm Beach Gardens is also being requested to fund $5,000. The remaining $3,000 will be requested from the other six smaller municipalities. Staff is recommending: (1) The City contribute $5,000 from the City Council Contingency Fund. This budget account had a total budget of $30,000; and (2) The Mayor forward a letter to the facilitators committing to fund $5,000 toward the cost of the forum. FAU /FIU OINTCENTE 10 lj for Environmental & Urban Proble R November 21, 2000 � � It Lauren Furtado, Council Member, City of Palm Beach Gardens 0 Karen Golonka, Mayor, Town of Jupiter Karen Marcus, Commissioner, District 1, Palm Beach County '9 :F Z SUBJ: North Palm Beach County Traffic Forum Dear Council Member Furtado, Mayor Golonka, and Commissioner Marcus: This letter is a follow -up to our proposal and statement of scope of services dated July 24, 2000 and sent to initial convenors of the North Palm Beach County Traffic Forum (Lauren Furtado and Roxanne Manning, City of Palm Beach Gardens; Karen Marcus, Palm Beach County; Karen Golonka and Sam Shannon, Town of Jupiter). A copy is attached. During our initial contacts with you this past summer, it was hoped that a one and one -half day Traffic Forum could be accomplished in October, 2000. The Forum was set tentatively for November 13 and 14, 2000, but was ultimately postponed because a few important issues were pending that could have undermined the process. It is our understanding that these matters have been resolved to an extent that will allow you to now move forward with plans for the Forum. While conducting interviews in preparation for the November dates, it became clear to us that your three entities, and other entities, share a strong desire to engage in a collaborative process for the purpose of building consensus on the traffic issues affecting your region. We have spoken to you about rescheduling the Forum sometime in January 2001. However, it first will be necessary for us to reach agreement quickly on the scope and cost of our services, thereby allowing us enough time to property plan such an event. As you are all aware, we have already spent considerable time meeting with you and your representatives, in joint meetings, in individual interviews, as well as telephone calls and correspondence. We feel that additional meetings between you and us will be necessary to determine the exact scope and agenda of the Forum. When we submitted the attached letter outlining the costs for our services, it was not anticipated that this much time would be required to arrange the initial Forum. Further, we still have not received formal assurances from each of you that your respective entities are committed An Equal Opportunity /Access /Affirmative Action Institution North Palm Beach County Traffic Forum Page 2 to this process and its costs. Therefore, before we proceed further, we would require the following: 1. A commitment, in the form of a letter, from each of the three convening entities (Palm Beach Gardens, Jupiter, and Palm Beach County) to the Joint Center agreeing to our services and costs, as outlined below. 2. A commitment from each of the three convening entities to name three designated representatives per entity to a "Convenor's Council" for purposes of attending pre -Forum organizational meetings. (This would cap the number of decision - makers to nine and would guarantee that those attending were familiar with the issues and prior agreements.) These representatives would be expected to attend such meetings, work collaboratively and rule by consensus, and be able to approve decisions on agenda design, scope of the meeting and any other matters relating to the Forum. Two alternates per entity could be named if all the three designated representatives were not available. In this way, we could be assured it would not be so difficult to schedule these vital meetings and the Forum could occur on time. These meetings would be based on consensus decision making so there is no worry about majority voting. 3. A designated single "point of contact" person from each entity for us. These individuals should be taken from the representatives named above and would be responsible for assisting in scheduling meetings, having certain "housekeeping" decisions addressed, etc. At this time, we have reevaluated our original proposal and suggest our services to be delivered in three distinct phases: First Phase: Planning the Forum 2 -3 organizational meetings with the Convenor's Council to determine consensus on Forum goals and content. • Interviews of all stakeholders, either in person or by telephone. It is estimated that there would be approximately 25 interviews, including follow up interviews, if necessary. Interviewees would include: 1 elected official and 1 appointed official from each local government, including Martin County (10 interviews); 2 developers; 2 representatives of the area Chambers of Commerce; 2 -3 environmental; 2 -3 utilities; 5 other agencies (RPC, FDOT, WMD, Taxing Districts). Neighborhood groups are not included here, as explained below. North Palm Beach County Traffic Forum Page 3 Mail -out survey to a representative group of stakeholders to anticipate responses. This is how we plan to involve the neighborhood groups at this phase. This would help limit the participant numbers for the Forum. In addition to the surveys, time would be set aside for Public Comment to ensure that those not at the table would feel their voices were heard. Second Phase: Designing and Facilitating the Forum • Logistics such as: securing the facility, making catering and AN arrangements, inviting participants, and preparation of Participant Package. • Designing the Agenda, including meeting guidelines and participant instructions for small group work. • Facilitating and staffing the Forum as well as providing flipcharts, pens, etc. • Preparation of a formal report post- Forum, to be submitted to all participants and any attendees who request it. It is our opinion that, to assure you get as much information - sharing and decision - making out of this Forum as possible, you limit the number of participants. We recommend you have no more than 40 -50 participants, not including observers. Also, given the upcoming holidays and the amount of time needed to properly plan, we feel that the earliest possible date for the Forum would be early to mid - February 2001. The cost for these first two phases would be: $18,000. Details on sharing costs among the convenors and other entities can be worked out once we have your agreement on this revised scope and budget. Third Phase: Forum Follow -up It is our hope that the Forum will produce a consensus that the stakeholders engage in a longer process to develop a device to guide future transportation decisions for the region. If so, we propose to coordinate and facilitate that process in cooperation with you and representatives of other entities, as appropriate. We would propose and submit to you a separate scope of services and budget for that process at that time. Our July proposal to you suggested a 4 -8 month process consisting of 4 -6 half -day meetings with a $35,000 budget. However, we now feel this may not be accurate. The scope and budget of any further process will depend on the outcome of the Forum and the desires of the key stakeholders. North Palm Beach County Traffic Forum Page 4 We will follow up with each of you by November 30th to discuss this letter and securing a commitment to proceed. We look forward to continuing our work with you on this process. Sin rely yours, atrici ' M. Schapley Associate Director cc Steve Cramer, Palm Beach Gardens Janice Fleischer, Florida Conflict Resolution Consortium Sam Shannon, Town of Jupiter