CITY OF TITUSVILLE COMMUNITY REDEVELOPMENT AGENCY

Transcription

CITY OF TITUSVILLE
COMMUNITY REDEVELOPMENT AGENCY
Council Chamber at City Hall
January 8, 2013
5:30 PM
Any person who decides to appeal any decision of the Community Redevelopment Agency
with respect to any matter considered at this meeting will need a record of the proceedings,
and for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
The City desires to accommodate persons with disabilities. Accordingly, any physically
handicapped person, pursuant to Chapter 286.26 Florida Statutes, should, at least 48 hours
prior to the meeting, submit a written request to the chairperson that the physically
handicapped person desires to attend the meeting.
1.
CALL TO ORDER
2.
DETERMINATION OF A QUORUM
3.
INVOCATION
4.
PLEDGE OF ALLEGIANCE
5.
APPROVAL OF MINUTES
A.
Minutes
Approve the minutes of the regular Community Redevelopment
Agency (CRA) meeting on December 13, 2012.
6.
SPECIAL RECOGNITIONS AND PRESENTATIONS
7.
OLD BUSINESS
8.
MAIN STREET COORDINATOR’S REPORT
9.
NEW BUSINESS
A.
Downtown Titusville Merchants Association Request for
Funding of Map
Provide direction to staff regarding funding of map depicting
location of downtown businesses.
B.
Special Event Grant Request - Rotary Chili Cook-Off
Approve the request to support the Rotary Chili Cook-Off and
the Max K. Brewer 5K Run.
C.
Requests for Reimbursement/Payment RE: Main Street
Titusville Corporation
Refund the sum of $1237.50 made by Ms. Debbie Shuler as
repayment for monies owed by Main Street Titusville
Corporation.
Decline to make further payments or reimbursements to Main
Street Titusville Corporation.
D.
Special Events Grant Advisory Committee
Appoint members of the Special Events Grant Advisory
Committee.
E.
Prioritize Funding for Capital Projects
It is recommended that the CRA approve the following:
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F.
Designate $535,000 as a match for the portion of the
Garden Street Complete Street project lying within the
CRA boundaries. The entire Garden Street Complete
Street project from US1 to I-95 is estimated to cost $6.5
million. Matching funds may also be available from CDBG
for portions of Garden Street. A significant local match
may also increase the likelihood that FDOT will fund the
project.
Designate $240,539 for the Main Street Streetscape. This will
leave an unfunded balance of $69,461.
Designate $25,000 for economic incentive grant
programs.
Direct staff to develop a plan for landscape improvements to
Riverside Drive, utilizing $20,064 in FDOT funds.
Necessary Budget Amendments to implement the CRA's
direction.
Commercial Build-Out and Relocation Incentive Program
Approve the Commercial Build-Out and Relocation Incentive
Program.
10.
PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT
11.
EXECUTIVE DIRECTORS REPORT
A.
12.
Executive Director's Report
Accept the Executive Director's Report as presented.
ADJOURNMENT
Community Redevelopment Agency Regular 1/8/2013
APPROVAL OF MINUTES
City of Titusville
"Gateway to Nature and Space"
REPORT TO COUNCIL
To:
The Honorable Mayor and City Council
From:
Mark K. Ryan, City Manager
Subject:
Minutes
Department/Office: City Clerk
Recommended Action:
Approve the minutes of the regular Community Redevelopment Agency (CRA) meeting on
December 13, 2012.
Summary Explanation & Background:
n/a
Alternatives:
Do not approve minutes.
Item Budgeted:
NA
Source/use of funds/Budget Book Page:
n/a
Strategic Plan:
Strategic Plan Impact:
n/a
ATTACHMENTS:
Name:
CRA_12-13-12_minutes.pdf
Description:
Minutes from December 13, 2012
Community Redevelopment Agency
Regular Meeting
December 13, 2012
The Community Redevelopment Agency (CRA) of the City of Titusville, Florida met in
regular session in the Council Chambers of City Hall, 555 South Washington, on Tuesday,
December 13, 2012.
xxx
Call to Order/Determination of a Quorum – Chairman Jim Tulley called the meeting to
order at 5:30 p.m. Present were Chairman Jim Tulley, Vice-Chairwoman Martha Long
and Members Greg Aker, Christi Anderson, Kathleen Burson, Walt Johnson, and Rita
Pritchett.
Also present were Executive Director Mark Ryan and Community
Redevelopment Agency (CRA) Attorney Richard Broome.
xxx
Invocation/Pledge of Allegiance – Chairman Tulley asked for a moment of silence and
then led the entire assembly in the Pledge of Allegiance to the Flag.
xxx
Approval of Minutes
Member Anderson advised that there was an error in the November 13, 2012 minutes. On
page 7 of the agenda packet, Mainstreet Titusville Association appeared three times in the
minutes and it should be changed to Main Street Titusville Corporation.
Motion:
Member Pritchett moved to approve the minutes of the regular Community
Redevelopment Agency (CRA) meeting on November 13, 2012, as corrected. Member
Anderson seconded the motion. The motion carried unanimously.
xxx
Special Recognitions and Presentations - None
xxx
Old Business - None
xxx
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1
Main Street Coordinator’s Report - None
xxx
New Business
Downtown Titusville Merchants Association Report – Executive Director Ryan advised
that the Downtown Titusville Merchants Association, in conjunction with Main Street
Titusville, and with financial assistance from the CRA, sponsored a Food Truck War
Event on December 1, 2012. Debbie Shuler of the Merchants Association would provide
a brief report.
Debbie Shuler advised that she misunderstood the request at the November 13, 2012 CRA
meeting. She understood the request was to provide a report from the Downtown
Merchants as to the benefit of the Food Truck War Event on their businesses.
Ms. Shuler advised that a survey was sent to the Downtown Merchants regarding the
benefit of the Food Truck War Event on their businesses. Nine surveys were returned with
the majority of the surveys being positive. The tallies and responses from the survey
included as followed:
•
•
•
•
•
Only one downtown business did not remain open.
Two downtown businesses remained open past 11:00 p.m.
Two downtown businesses saw an increase in sales; the remainder of the
downtown businesses did not see an increase or decrease in their sales.
A majority of the downtown business would like to see a Food Truck War type of
event again.
Foot Traffic increased for over half of the downtown businesses.
Ms. Shuler stated that she felt the surveys and emails that she had received provided a
positive report for the Food Truck War Event.
Chairman Tulley stated that he had heard only two negative comments regarding the Food
Truck War Event and the comments were regarding the setup for the event. He advised
the Fire Marshal was concerned with the food trucks being set-up along both sides of the
street that would have made it difficult for any emergency vehicle to drive through the
downtown area.
Executive Director Ryan advised that originally staff requested that the food trucks park
only on one side of the street, but unfortunately that did not happen and would be noted
for future events.
Chairman Tulley advised that the placement of the stage restricted any handicap
movement past the stage and asked that it also be noted for future events.
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Member Burson stated that during the Food Truck War Event, Café Chocolat had their
biggest night in sales since they had opened.
Member Johnson advised that it also needed to be noted and addressed for future events
that several of the Food Truck’s generators exhaust faced the crowd and were at child
height.
Motion:
Member Johnson moved to accept the Downtown Merchants Association report, as
presented.
Vice-Chairwoman Long seconded the motion.
The motion carried
unanimously.
xxx
Request for Reimbursement of Funds Related to Thursday Nite Live Events – Executive
Director Ryan advised that this item was deferred to the regular CRA meeting on January
8, 2013.
xxx
Petitions And Requests From The Public Present
Mark Conklin stated that he was looking to relocate his cabinetry business into the CRA
District and that he was working to engage in a grant application through the CRA. He
advised that he was looking forward to assisting in the expansion of the CRA District in
the near future.
xxx
Executive Director’s Report
Executive Director Ryan submitted a written report and highlighted as followed.
Information Items:
Included in the agenda packet were two memoranda related to Main Street Titusville
Corporation expenditures that were developed by Internal Auditor Christine McGraw at
the request of a CRA member.
xxx
Capital Projects in the Downtown
• Julia Street Parking Lot
• Indian River Bike Repairs
• Marina Sidewalk Connections
.
3
•
•
Overhead Entrance Sign
Main Street Streetscape (Palm Avenue to Indian River Avenue)
xxx
Ongoing Projects
• Amtrak Station Planning & Development
• Downtown Commercial Beautification Program
• Historic Preservation Board
xxx
Executive Director Ryan advised that the Florida Department of Transportation (FDOT)
responded to his request to officially put signs up on the roadway saying “2012 America’s
Transportation Award Winning Bridge”. FDOT advised him that Traffic Operations said
that the signs would be too much reading material on the highway. He advised that staff
would work on a plan to make it happen.
Mayor Tulley advised that he attended the Transportation Planning Organization meeting
and it was announced that the Titusville Bridge was the 2012 America’s Transportation
Award Winning Bridge. He also advised and that the actual regional award was shown
and pictures were taken with the award.
Executive Director Ryan advised that a replica of the Regional Award would be on
display in the City Hall.
xxx
Member Anderson recommended using the remaining funds from projects in the
downtown for repairs in the downtown residential area. She stated that she was advised
that the improvements would be from South Street, South on Indian River Avenue. She
advised that there were several feet of roadway in the other direction on Indian River
Avenue that had buckled that really needed to be addressed and hoped that it would be
considered in the use of the leftover funds from the downtown projects.
Executive Director Ryan advised that he would research using the remaining funds from
downtown projects for road repairs in the residential area and would provide information
to the CRA at the regular CRA meeting on January 8, 2013.
xxx
Vice-Chairwoman Long asked whether there was a boat parade planned for the 2012
Holidays.
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Executive Director Ryan advised that he was unable to obtain any information on whether
there would be a boat parade, but to his knowledge there was not one planned.
Vice-Chairwoman Long advised that a group of individuals asked her why the City did
not have a boat parade any longer and requested that the boat parades be brought back.
Vice-Chairwoman Long asked that staff look into a having a boat parade in the future.
Member Johnson advised that Ron Goigel and Paul Jones would possibly be able to
provide information on the past boat parades.
Executive Director Ryan advised that staff would research information on past boat
parades.
Motion:
Member Burson moved to accept the Executive Director’s Report, as presented. ViceChairwoman Long seconded the motion. The motion carried unanimously.
xxx
The meeting adjourned at 5:59 p.m.
.
5
NEW BUSINESS
City of Titusville
REPORT TO COUNCIL
To:
Community Redevelopment Agency Members
From:
Mark K. Ryan, Executive Director
Subject:
Downtown Titusville Merchants Association Request for Funding of Map
Department/Office: Planning and Growth Management
Recommended Action:
Provide direction to staff regarding funding of map depicting location of downtown businesses.
The Downtown Titusville Merchants Association is desirous of producing a map depicting the
location of businesses within the downtown, and are seeking funds from the CRA to fund printing of
the map. The map will be a full color, trifold document that can be distributed at local businesses
and other locations, such as the Titusville Marina, to attract residents and tourists to downtown
businesses. The Merchants Association has received an estimate from Graphic Press for
$1192.00 for 2000 copies, and $1869.00 for 5000 copies.
A mock-up of both sides of the map will be provided to each CRA member on a jump drive due to
the large file size. A mock-up of the inside (Page 2) of the map is attached.
Alternatives:
1. Approve funding for map printing, as requested by the Downtown Titusville Merchants
Association
2. Approve partial funding for map printing.
3. Decline to approve funding for map printing.
Item Budgeted:
No
Strategic Plan:
No. 2 – Promote Economic Development
ATTACHMENTS:
Name:
Map4insideblue9-8.pdf
Description:
Side 2 of Location Map
Historic Downtown Titusville
321-268-1009
19.
Your Place
506 S. Hopkins Ave.
321-268-1811
20.
321-267-4480
21.
321-264-0434
321-268-3711
22.
Chef Larry
1111 S. Washington Ave.
321-267-1713
321-368-9123
321-269-2021
Broome Law Firm
321-269-5620
Cliff Shuler Auctioneer
422 Julia St.
321-267-8563
24.
Harry Smooth’s Tobbacco Shop
221 S. Hopkins Ave.
321-264-4899
Mars Designs/Windows
421 Orange St.
30
23
2
22
41
31
34
44
14
1
US
1
30
38
321-607-6848
321-267-9393
Marina Park
2
7
4
36
32
Downtown Titusville Ctr.
13 Main St.
25.
9
Indian River Ave.
5 39
6 46 28 40 16 17
21
S. Washington Ave.
Garden St
12.
Caffe Chocalat
Aker Eye Care
23.
DINING/ENTERTAINMENT
11.
GENERAL
29
33
Chain of Lakes
Skydiving
11 45
42 24
33 13 35 39
20
18
42
S Hopkins Ave
10
8
19
US
1
37
Palm Ave.
25
Lemon Ave.
22
Wilson Ave.
US
26 1
3 12
St. Johns St.
321-541-0096
Sandpoint Park
South St.
321-383-4083
Spaceview
Park
405
Titusville Playhouse
301 Julia St.
Sunrise Bakery
315 S. Hopkins
Palmetto Ave.
10.
Space Walk of Fame
Museum & Gift Shop
4 Main St.
18.
Pine St.
9.
Pritchard House
P.O. Box 653 Titusville Fl 32796-0653
321-267-4452
Parking
8.
North Brevard Historical Museum
Southern Room Bar & Lounge
354 South Washington Ave.
321-268-3767
321-383-0689
Julia St.
7.
Downtown Dance Studio
17.
Gateway to Nature and Space
Main St.
6.
Dance Theater Performing Arts
112 Julia Street
Kloibler’s Cobbler Eatery
337 S. Washington Ave
321-264-2064
CULTURAL
5.
16.
321-269-5526
Broad St.
River Road Mercantile Antiques
Cracker Jacks Seafood & Tiki Bar
321- 264-5065
Orange St.
4.
15.
Indian River Lagoon
406
Dusty Rose Antique Mall
321-267-9902
ina
3.
321-264-7475
Pier
Restaurant/Tiki
ar
Central Garage Antiques
Coffee Shoppe
125 Broad St.
HISTORIC
DOWNTOWN
TITUSVILLE
321-385-2467
lM
2.
14.
321-268-4282
Kennedy Space Center
15
ipa
Bannana Alley Antiques
106 Main St.
Chops Restaurant
nic
1.
13.
Mu
ANTIQUE ROW
Merritt Island National
Wildlife Refuge
Canaveral National Seashore
“Playalinda”
27
NEW BUSINESS
City of Titusville
REPORT TO COUNCIL
To:
From:
Subject:
Special Event Grant Request - Rotary Chili Cook-Off
Recommended Action:
Approve the request to support the Rotary Chili Cook-Off and the Max K. Brewer 5K Run.
In October 2012, the CRA approved the Special Events Grants program to assist non-profit
groups which are coordinating events within the CRA district. The first application received
under this program is from the Titusville Rotary Clubs for the Chili Cook-Off, being held on
February 23 in conjunction with the Max K. Brewer Bridge 5K run sponsored by Sculptor
School in the amount of $4950.
For the past several years, the Rotary Chili Cook-Off has been one of the most successful
and best-attended street parties held in downtown. In 2013, the Rotary Clubs of Titusville
are coordinating the Cook-Off with the Max K. Brewer Bridge 5K Run. All proceeds of the
Chili Cook-Off and 5K run will go to the Titusville Rotary Clubs and Sculptor School,
respectively.
As the Special Events Advisory Committee has not yet been convened, and the Chili CookOff is in February, it is recommended that the CRA review the application based upon the
grant criteria. An analysis of the application, developed by staff, is included as an
attachment.
Under the FY2011/2012 contract with Main Street Titusville Corporation, the CRA provided
$3275 in funding for the Chili Cook-Off, plus a monthly salary of $2917 for the event
coordinator.
Alternatives:
1. Approve the request to support the Rotary Chili Cook-Off/Max K. Brewer 5K Run.
2. Approve partial funding.
3. Decline to provide funding.
Item Budgeted:
Yes
Funds are available in the CRA Budget.
Strategic Plan:
No. 1 – Enhance the Quality of Life of our CitizensNo. 2 – Promote Economic Development
The proposed special event is anticipated to have a impact on downtown merchants;
enhance the quality of life for participating citizens; and generate funds for nonprofit
organizations.
ATTACHMENTS:
Name:
Description:
CRA_Special_event_assistance_application_Rotary.pdf
Special Event Grant Application
Chili_Cook_Off_Calculation_for_Grant_Request.pdf
Calculation for Grant Request
Staff_Evaluation_for_Chili_Cook_Off.pdf
Staff Evaluation
ROTARY CHILI COOK-OFF REQUEST FOR FUNDS FROM CRA
Item
Police
Road Closure
Light Towers (2)
Portable Toilets
Stage, steps and stage lights
Performers
Marketing
Total
Funding Requested
$ 600
$2100 (Includes closures necessary for Cook-Off and 5K)
$ 450
$ 450
$ 600
$ 350
$ 400 (Includes reusable banner and signage)
$4950
CRA SPECIAL EVENTS AND PROMOTIONAL ASSISTANCE APPLICATION
ROTARY CHILI COOK-OFF
STAFF ANALYSIS
Staff has evaluated the proposed Rotary Chili Cook-Off against the criteria established by the CRA and
has the following findings:
Programmatic Excellence: Demonstrates how programming policy promotes and building economic
strength in CRA district
Staff evaluation: Excellent as previous Chili Cook-Offs and Max K. Brewer Bridge 5K Runs have
been well received by the community.
Organizational Strength: Demonstrates strength and experience of organization and event
Staff evaluation: Excellent. Clearly demonstrates organizational capacity and experience with
event coordination as the event has occurred for nine (9) years.
Project Funding: Provides sound budgetary planning and utilization of non-CRA funding
Staff Evaluation: Good. Rotary contribution is 34% of total project costs, and all expenses for the
5K run will be from outside sources, except for road closure expenses.
Economic Impact: Explains how event clearly enhances economic vitality of CRA district
Staff evaluation: Fair. Limited explanation is provided. Bringing approximately 1800 people into
the downtown area does provide merchants an opportunity to become known by attendees.
Creativity: Uniqueness and creativity of event
Staff Evaluation: Excellent. Event is unique in downtown
Summary:
Staff recommends funding of the request by the Rotary Clubs of Titusville for the Chili Cook-Off
and Max K. Brewer Bridge 5K Run due to the success of both events in past years. The combination of
these two events will likely create synergy that will enhance both events and provide added visibility to
downtown merchants.
NEW BUSINESS
City of Titusville
REPORT TO COUNCIL
To:
From:
Subject:
Requests for Reimbursement/Payment RE: Main Street Titusville
Corporation
Recommended Action:
Refund the sum of $1237.50 made by Ms. Debbie Shuler as repayment for monies owed by
Main Street Titusville Corporation.
Decline to make further payments or reimbursements to Main Street Titusville Corporation.
Requests for reimbursement of relating to Main Street Titusville Corporation have been received from
Ms. Debbie Shuler and Ms. Gina Stanford.
The following information may be useful in evaluating the requests by Ms. Shuler and Ms. Stanford.
• The FY2011/2012 contract with Main Street Titusville Corporation (MST) included ten (10)
Thursday Night Live events, but not did include any 3rd Saturday events.
• The total amount paid to MST under the contract was $455 less than the contracted amount of
$61,535. MST did not invoice the CRA for the amount remaining under the contract.
• On September 11, 2012, the CRA voted to move forward with a ninety-day contract with
MST to coordinate events, including Thursday Night Live.
• On September 27, 2012, Debbie Shuler wrote a check #33366 to MST in the amount of $250
with the notation ”CRA Reimbursement ThuNiteLive – Lionheart”. On the same day, MST
wrote check #1117 to Markas (last name illegible) for $200 with the notation “TNL”.
• On October 4, 2012, Debbie Shuler wrote check #33392 to MST for $250, with the notation
“CRA Reimbursement, ThursNiteLive-Legacy”. On the same date, MST wrote a check for
$300 to Robin Venturino with the notation “TNL 10/4- ½ 3rd Saturday 9/15.”
• The contract with Main Street Titusville Corporation was not executed prior to the October 9,
2012 CRA meeting, at which the CRA declined to execute a contract with MST for
FY2012/2013. On the same date, FineLine Printing issued Invoice #22727 for $42.40 for
printing posters for October and December Titus Nights. There is a handwritten notation on
the invoice that cash was paid on 10/22/12.
• On October 11, 2012 CSI Sign Company issued Invoice #11767 for $45.50 with the notation
“Banner Patch (October 26)”. A handwritten notation states the invoice was paid in full/cash
on 10/22/12.
• Via copy of a memorandum dated October 15, 2012, MST is notified that the CRA will pay
outstanding invoices for $1,237.50 to Bob’s Barricades in addition to the monies paid directly to
MST for the services provided by Bob’s Barricades.
• Subsequently, Ms. Shuler reimburses the CRA for $1,237.50.
Request by Debbie Shuler
Ms. Shuler has requested reimbursement of funds for $500 paid to MST. The funds were given to
MST to pay for lights and live music for two (2) Main Street events. According to copies of cancelled
checks, MST subsequently paid $200 to Markas (last name illegible) and $300 to Robin Venturio for
a Thursday Night Live and 3rd Saturday, consecutively.
Attorney Richard Broome has advised that as the CRA has not had a contractual agreement with Ms.
Shuler, any reimbursement of funds should be made to MST. In lieu of payment to either Ms.
Shuler or MST, staff recommends that the $1,237.50 paid by Ms. Shuler be refunded to her.
Requests by Ms. Stanford
On December 7, 2012, Ms. Stanford made the following requests for funds:
o $42.40 to reimburse payment to Fineline Printing and Graphics for posters for October and
December TitusNites. Staff recommends denial of this request, as the posters were never
provided to or utilized by the CRA, and therefore no benefit accrued to the CRA by this
purchase.
o $45.50 to reimburse payment to CSI Sign Company for a banner patch for October 26
TitusNites. Staff recommends denial of this request as the invoice is dated two days after
the CRA’s decision not to execute the ninety-day contract with the CRA, and the banner
was not provided to or utilized by the CRA.
o $179 to reimburse payment to CityWide Arts Magazine for advertisements for October
TitusNites and 3rd Saturday. Staff recommends denial of this request as the October
TitusNites was not held, and 3rd Saturday was never an event approved by the CRA.
Alternatives:
Request by Ms. Shuler
1. Refund $1237.50 payment to Ms. Shuler.
2. Reimburse Ms. Shuler $500 as requested, or other amount as determined by the CRA.
3. Decline to take further action.
Request by Ms. Stanford
1. Decline to take further action.
2. Pay all or a portion of the monies requested.
Item Budgeted:
No
Strategic Plan:
ATTACHMENTS:
Name:
Description:
Main_Street_Balance_Sheet_December_2012.pdf
Main Street Balance Sheet
Shuloer_Reimbursement_Request.pdf
Shuler Reimibusrment Request
MST_Request_December_2012.pdf
Main Street Request December 2012
MAIN STREET TITUSVILLE CORPORATION
OCTOBER 1, 2011 – SEPTEMBER 30, 2012
MAIN STREET CONTRACT FY2011-2012
Total Contract
$61,535
Amount Paid
$61,080
$ 455
OUTSTANDING BILLS TO CITY
Outstanding Bills to City
ADDITIONAL FUNDS REQUESTED
Requests for Reimbursement
Debbie Shuler
Total
Main Street Titusville
December 17, 2012
440
Police Department/Sea Turtle Festival
$
$
$
250
250
500
September 27, 2012 - Thursday Night Live
October 4, 2012 – Thursday Night Live
$ 45.50
$ 42.40
Total
Total Additional Funds
Requested
$
$ 179.00
$ 266.90
Banner for Halloween Titus Nites (Did not occur)
Posters for October Titus Nights (Did not occur)
And December Titus Nites (Not provided to CRA)
Advertising for October events (Did not occur)
$ 766.90
Page 1
NEW BUSINESS
City of Titusville
REPORT TO COUNCIL
To:
From:
Subject:
Special Events Grant Advisory Committee Appointments
Recommended Action:
Appoint members of the Special Events Grant Advisory Committee.
In October 2012, the CRA adopted the Special Events Grant program and created the
Special Events Grant Advisory Committee consisting of seven (7) members. Terms run from
January 1 to December 31, except for the inaugural year of 2012/2013. Appointments made for
that term shall begin in December 2012 (or as soon thereafter as possible) and shall expire on
December 31, 2013.
Members should be aware that no member of the Special Event Grant Advisory Committee shall
be eligible to receive funding through the program. In addition, if a member of the Special Event
Grant Advisory Committee is a member of a non-profit organization applying for funding, the
Committee member is not eligible to participate in the discussion or ranking of the request made
by the subject organization.
Staff notified interested parties, including downtown merchants, and advertised that the CRA
was seeking applicants in the Florida Today.
Currently there are two (2) applications on file for consideration. Pat Bell and Reva Harris
have expressed their willingness and desire to serve on this committee. Ms. Bell is currently
a member of the Code Board. Attorney Richard Broome has opined that serving on the
Code Board and Special Events Grant Advisory Committee is not a conflict. Ms. Harris does
not currently serve on any City boards.
Alternatives:
Do not make appointment(s).
Item Budgeted:
NA
Strategic Plan:
ATTACHMENTS:
Name:
Description:
Advisory_Committee_Application_Pat_Bell.pdf
Pat Bell's Applicatoin
Advisory_Committee_Application_Reva_Harris.pdf
Advisory Committee Application Reva Harris
NEW BUSINESS
City of Titusville
REPORT TO COUNCIL
To:
From:
Subject:
Prioritize Funding for Capital Projects
Recommended Action:
It is recommended that the CRA approve the following:
l
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Designate $535,000 as a match for the portion of the Garden Street Complete Street
project lying within the CRA boundaries. The entire Garden Street Complete Street
project from US1 to I-95 is estimated to cost $6.5 million. Matching funds may also be
available from CDBG for portions of Garden Street. A significant local match may also
increase the likelihood that FDOT will fund the project.
Designate $240,539 for the Main Street Streetscape. This will leave an unfunded balance of
$69,461.
Designate $25,000 for economic incentive grant programs.
Direct staff to develop a plan for landscape improvements to Riverside Drive, utilizing $20,064
in FDOT funds.
Necessary Budget Amendments to implement the CRA's direction.
The CRA has approved the capital projects described as follows.
Project
Julia Street Parking Lot
Indian River Bikeway Repair
Budget
$268,500
$100,000
$ 29,936
Amtrak Station Design
stop
$ 25,000
Downtown Banners
CRA
Marina Sidewalk Connection
Whiteway Powerline Raising
project
Main Street Streetscape
$ 10,000
$ 40,961
$ 50,000
$310,000
Status
Contract approved by Council
Design/build proposals received
Project commencement 12/11/12
(FDOT funds)
Awaiting selection of route with
in Titusville
Awaiting design approval by
Project commencement 12/11/12
Hold for completion of other
Weaver Boos award landscape
Design/Portion unfunded
Two (2) of the above projects funded with CRA monies have been awarded below the
budgeted amount:
• Julia Street Parking Lot - $500,000 budget and awarded at $268,500; and
• Marina Sidewalk Connection – budgeted at $50,000 and awarded at $40,961.
This has resulted in $240,539 available to fund other capital projects.
Florida East Coast Industries, is developing a privately owned, operated and maintained
intercity passenger rail service known as All Aboard Florida. The new route will feature
passenger service along Florida East Coast Railway’s existing tracks from Miami to the
Space Coast and the creation of new tracks into Central Florida. Stations are currently
planned for downtown Miami, downtown Fort Lauderdale, downtown West Palm Beach and
Orlando. No date has been announced for the completion of the project or the possible
second-leg of the project planned to provide service north to Jacksonville. Therefore, the
$25,000 currently allocated to the Amtrak Station could be reallocated to CRA
economic development grants, including the Job Creation Bonus, Loan Subsidy and
Commercial Beautification programs.
In addition, Florida Department of Transportation has notified the City of its intent to return
$535,000 to the CRA as surplus from the S. Washington Street project.
The resulting $800,539 is available for allocation to other projects. It should be noted that
the bond covenants would not permit the early payment of these bonds eliminating that
option from further consideration.
ISSUE 1
Staff is requesting that the CRA consider the following options in allocating these CRA
funds.
Option 1
Allocate the monies as follows:
• $535,000 as a match for the portion of the Garden Street Complete Street project
lying within the CRA boundaries. The entire Garden Street Complete Street project
from US1 to I-95 is estimated to cost $6.5 million. Matching funds may also be
available from CDBG for portions of Garden Street. A significant local match may also
increase the likelihood that FDOT will fund the project.
• $240,539 for the Main Street Streetscape. This will leave an unfunded balance of
$69,461.
• $25,000 to economic incentive grants programs.
Option 2
Utilize $800,539 as a match for the portion of the Garden Street Complete Street project
lying within the CRA boundaries.
Option 3
Allocate the monies as follows:
• $535,000 as a match for the portion of the Garden Street Complete Street project
lying within the CRA boundaries.
• $240,539 toward implementation of the Stormwater Development Action Plan.
• $25,000 to economic incentive grants programs.
ISSUE 2
In addition, there is $20,064 remaining from the funds awarded by FDOT for the Indian River
Bikeway Repair that can be used for Riverside Drive improvements only. Therefore, staff
requests that the CRA direct staff to develop a plan for landscaping improvements within the
residential district,
Alternatives:
1. Approve the staff recommendation.
2. Provide other direction to staff.
Item Budgeted:
Strategic Plan:
ATTACHMENTS:
Name:
No Attachments Available
Description:
NEW BUSINESS
City of Titusville
REPORT TO COUNCIL
To:
From:
Subject:
Commercial Build-Out and Relocation Incentive Program
Recommended Action:
Approve the Commercial Build-Out and Relocation Incentive Program.
The Titusville CRA has several programs intended to encourage redevelopment and
improvements within the CRA district. The Commercial Beautification Grant program has
been highly successful in encouraging exterior improvements to buildings within the CRA
district, and requests for this grant have been diminishing. Instead, numerous requests have
been received for assistance with interior build-out and relocation costs.
The proposed Commercial Build-Out and Relocation Incentive Program provides another
tool to revitalize the CRA district by encouraging relocation of existing or expanding
businesses and utilizing existing vacant buildings within the district.
The main points of the proposed program are:
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Eligible businesses include retail, food-related ventures, entertainment and incubators.
Repayment of the grant is required if the Grantee transfers, sells or divests the
business within five (5) years.
The program offers a reimbursable, matching (50%) grant for eligible expenses.
Build-Out grants $10,000 or less can be approved by the Executive Director.
Build-Out grants greater than $10,000 up the maximum $20,000, and all Relocation
Incentives are approved by the CRA.
One business owner interested in assistance with commercial build-out and relocation has
commented that the proposed program should be amended to include the following:
- Reimbursement for loss of business during relocation;
- Grant for 100% of expenses,with repayment over five (5) years; and
- Immediate availability of money upon signing of multi-year lease, rather than within 90 days
of relocation.
Alternatives:
1. Approve the grant program as proposed.
2. Approve the grant program with changes.
3. Decline to approve the grant program and provide further direction to staff.
Item Budgeted:
Yes
Funds budgeted for grants are available in the CRA budget.
Strategic Plan:
No. 2 – Promote Economic Development
ATTACHMENTS:
Name:
Interior_Build-Out_Grant_Program_12_31_12.pdf
Description:
Draft Commercial Build-Out and Relocation P:rogram
City of Titusville
Community Redevelopment Agency
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Interior Build-Out And Relocation
Incentive Grant Program
Policies and Procedures
December 31, 2012
Page 1 of 12
Section 1
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Program Purpose and Benefits
The Titusville Community Redevelopment Agency (CRA) has a number of grant
programs and incentives available for the purpose of eliminating blight, encouraging
growth of the tax base, and maintaining a quality image and consistent unique character
of the area. These programs are consistent with the intent of Section 163.350, Florida
Statutes, specifically “encouraging voluntary rehabilitation” of vacant and/or underutilized
commercial properties within the CRA district.
The purpose of the Commercial Interior Build-Out and Relocation Incentive Grant
Program is twofold: (1) To provide an incentive for the build-out of a commercial space
that is vacant; and (2) To assist existing businesses to relocate to vacant commercial
space within the CRA district. The goal of these activities is to increase commercial
occupancy rates and property values within the CRA thus facilitating redevelopment
through long-term stability. To accomplish this objective, the Program assists eligible
property owners and tenants to restore or renovate the interiors of their structures,
thereby improving the area’s physical characteristics and enhancing the utilization of
existing structures. In addition, the CRA may also wish to offset relocation costs for
selected businesses that desire to relocate into the CRA district. In both instances, the
Program will serve as an additional incentive to utilize vacant commercial space, which
will lead to increased investment and economic vitality within the CRA district.
Eligible applicants may receive grant funding up to $20,000, with no more than $5000 of
that amount being approved as a relocation incentive in return for the following:
1. Expanding and improving older and underused buildings to increase commercial
and residential intensity or renovating a historic structure;
2. Assisting the small business community grow and prosper;
3. Promote job creation in the CRA District;
4. Promote pedestrian and transit use in the CRA District;
5. Increase the customer base or customer opportunity in the CRA District.
All interior improvements must be consistent with the City of Titusville’s Community
Redevelopment Plan, Downtown Master Plan, the Land Development Regulations and
the Adopted Standards Code set forth in the City of Titusville’s Code of Ordinances.
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Program Objectives
 Eliminate blighting influences and prevent further deterioration of commercial and
residential properties within the CRA boundaries.
 Stimulate renewed interest and investment within the District and preserve the
traditional retail district as a location for convenient pedestrian/visitor commercial
activities over extended hours of operation that are compatible with the CRA
Master Plan.
 Encourage the development of multiple business activities to enhance new
business growth, development and job opportunities.
 Encourage the utilization of existing business stock within the CRA District.
 Incentivize business operations that have extended hours and days of operation.
December 31, 2012
Page 2 of 12


Enhance the arts community in Titusville, which is a highly desirable and growing
sector within the City.
Bring customers to commercial areas within the CRA to patronize nearby
businesses.
Eligibility Requirements:
1. The incentive is provided to the following types of entities:
a. Retail businesses.
b. Food-related ventures such as sit-down restaurants, coffee/tea shops,
bakeries, produce markets, health food stores and other specialty food
stores.
c. Pubs, brewpubs, lounges, bars and similar entertainments uses.
d. Business consortia and non-profit organizations, formed for the purpose
of offering incubator spaces to individual artists, start-up retail operations
or other businesses.
e. Other types of businesses that are unique and contribute to the economic
vitality of the CRA district.
2. All properties within the Titusville Community Redevelopment Area are eligible.
3. Drive through facilities, convenience stores with or without gas pumps, and thrift
stores are NOT eligible types of businesses under this program.
4. Non-retail or non-restaurant/entertainment uses located on the first floor are NOT
eligible.
5. Governmental entities are not eligible.
6. Build-out grants are intended for rehabilitation and restoration of existing
properties only. New construction is ineligible.
The CRA will review and consider each application as measured by the goals, priorities,
and objectives of the CRA Master Plan Update, and Florida Statutes Chapter 163.
CRA staff will review applications for completeness and determine if funding is to be
recommended. The CRA Executive Director or designee may approve grant applications
for Commercial Build-Out grants of $10,000 or less; applications in excess of $10,000
and all applications for Relocation Incentive funds will be forwarded to the Community
Redevelopment Agency for review for funding approval. Grant funds will be distributed
only upon completion of improvements and/or relocation of an existing business is
complete and submittal of all receipts, invoices and required documentation to CRA
staff. Applicants for Build-Out funds must be willing to maintain the renovations and
improvements for at least five years. Applicants for Relocation Incentive funds must
enter into a multi-year year lease or purchase property within the CRA district
boundaries.
The Grantee shall not be liable to the CRA for repayment of the grant funds provided
the Grantee complies with all conditions set forth in the Grant Agreement. Should the
Grantee transfer, sell, divest themselves of their interest in the subject property, or fail
to maintain the renovations and improvements during the five-year period following
December 31, 2012
Page 3 of 12
receipt of the grant funds, the CRA shall be entitled to reimbursement of the grant funds
as follows:
Elapsed Time
0 to one year after grant funds received
One year after grant funds received
Two years after grant funds received
Three years after grant funds received
Four years after grant funds received
Five years after grant funds received
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Amount Due CRA
100%
80%
60%
40%
20%
0%
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Grant funding is awarded on a first-come, first-served basis. Based on the amount of
funding requested, applications must be approved by the appropriate entity (CRA, CRA
Executive Director or designee) before work can begin on the improvements, or prior to
relocating to a site within the CRA district. Grants will not be awarded for work
previously completed or that is in the process of being completed; however, at the
discretion of the CRA, the CRA Executive Director or designee, costs for eligible repairs
directly related to the building’s interior that were completed within six months prior to
the date of the grant application may be included as part of the total project costs for
grant consideration.
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Section 2
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Community Redevelopment Area Boundaries
The Downtown Titusville Community Redevelopment Area boundaries can be described
as follows: Grace Street to the South, the Municipal Marina to the North, the Indian
River Lagoon to the East and the FEC Railroad tracks to the West. See the following
map.
December 31, 2012
Page 4 of 12
December 31, 2012
Page 5 of 12
Section 3
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Eligible Expenses
A. The Commercial Interior Build-Out and Relocation Incentive Program offers
financial assistance in the form of a reimbursable, matching (50%) grant to the
property owner or business owner for eligible expenses associated with the
construction or renovation of the interior elements of the commercial operating
space. Items eligible for funding under the program are limited to:
 Interior walls
 Interior plumbing
 Interior electrical system include lighting
 Other permanent interior improvements, such as shelving or
improvements to make the structure handicap accessible
 HVAC system
 Flooring
 Hood and fire suppression system
A.
B. In order for a business to be considered for relocation incentive funds, the
business must have entered into a multi-year lease or have purchased property
within the CRA district. Eligible relocation expenses include:
 Moving expenses paid to a licensed moving company, including rental of
moving trucks
 Signage
 Fixed equipment costs subject to CRA approval
 Up to $600 in promotional materials, including grand opening expenses
 Other costs approved by the CRA
Costs related to personal moving expenses for employees are not eligible for
reimbursement. Only those costs actually paid by the company to a third party
are eligible. Work performed in-house by company employees is not eligible.
However, the cost of materials may be eligible, if approved.
C. The Relocation Incentive program is a grant contribution program that is paid
out within 90 days after a business has relocated or moved to the CRA District.
The business must hold a current City of Titusville business tax receipt after
occupancy and must have received a certificate of occupancy from the City, if
applicable. The applicant must provide paid receipts and invoices for the costs of
the relocation.
D. The Commercial Interior Build-Out and Relocation Incentive funding may be
budgeted annually by the CRA Board and awarded on a first-come, first-serve
basis. All applications are subject to approval by the CRA Executive Director
and/or CRA Board. Making application to the program is NOT a guarantee of
funding.
December 31, 2012
Page 6 of 12
E. All buildings improved with Program grant funds must maintain or receive a
certificate of occupancy upon the completion of the proposed improvements and must
comply with all local building codes and regulations, free of any code violations on the
property.
F. No building owner, lessor, lessee, tenant, occupant, employee, or immediate relative
of the same, either personally or in a corporate capacity, shall be paid or compensated
in any manner to serve as a contractor, subcontractor, laborer or material man in
connection with any rehabilitative work or labor to said building pursuant to the Program.
Section 4
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Ineligible Expenses
1. Painting, when not associated with other improvements.
2. Permitting fees.
3. Any service performed by a non-licensed contractor or which is inconsistent with
the City’s adopted building code.
4. Improvements constructed prior to execution of final agreement with the CRA.
5. Routine maintenance activities that are part of normal property ownership.
6. Repairs performed to correct Code violations.
7. Improvements to a property that has any judgment liens, is not current on all
mortgage and tax obligations, and has any Code violations.
8. New construction.
9. Improvements to properties that are exclusively residential.
10. Improvements to properties that have non-conforming uses.
11. Relocation expenses for employees.
12. Loss of business expenses during the relocation period.
Section 5
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Program Criteria
1. The structure to be improved must be within the boundaries of the Downtown
Titusville Community Redevelopment Area (Grace Street to the South, the
Municipal Marina to the North, the Indian River Lagoon to the East and the FEC
Railroad tracks to the West).
December 31, 2012
Page 7 of 12
2. Applicants must demonstrate that all necessary financing required to complete
the project has been secured and that the applicant is providing matching funds
that are at least one-half (½) of the amount of the grant amount being
requested. Matching funds will be for exterior improvements only. However,
upon the discretion of the Growth Management Director, funds used for interior
improvements may be considered as matching funds. These improvements shall
include only permanent structural interior improvements.
3. Applicants must have received the requisite CRA, CRA Executive Director or
designee approval prior to commencement of improvements.
4. All necessary permits and approvals must be obtained from the City of Titusville
before work is commenced. All work is to be performed to the satisfaction of the
City of Titusville Building Department officials, and all site and landscaping work
is to be performed to the satisfaction of the applicable City Administrator or
designee pursuant to the Land Development Regulations.
5. A licensed contractor must perform the work; proof of licensure and insurance is
required.
6. Applicants must agree to maintain the improvements for at least five years. The
Community Redevelopment Agency, CRA Executive Director or
designee, as applicable, must approve any changes proposed to the
improvements.
7. The property must be free from any judgment liens, and all mortgage and tax
obligations must be current.
8. There may be no more than one approval for project funding every two years. A
“project” is defined as a single or set of enhancement/renovation activities for an
eligible property.
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9. The total amount of grant funds available for any one property under this
Program is $20,000. Any subsequent applications for the same property in
future years will be treated cumulatively for purposes of determining funding
eligibility.
10. Applicants must provide a copy of the signed lease or deed for to be eligible for
Relocation Incentive funds.
Section 6
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Evaluation Criteria
Grant funds are limited and will be awarded on a first-come, first-served basis. Because
one of the primary objectives of the Commercial Build-Out and Relocation Incentive
Program is to eliminate blighted conditions and improve the visual impact of the
December 31, 2012
Page 8 of 12
redevelopment area, competing applications will be evaluated using the following
criteria:
1. Consistency with the goals, principles and objectives of the City of Titusville
Community Redevelopment Plan, the Downtown Master Plan and the Urban
Design Manual.
2. The project will result in the occupancy of a presently vacant building.
3. The amount of funds that the applicant pledged to match leveraged against CRA
funds.
4. The extent to which the project encourages a secure and convenient
environment for patrons and employees.
5. Strength of business plan as presented for Relocation Incentive funds.
6. Number of new jobs to be created within the CRA district boundaries.
7. Potential that proposed business will enhance economic vitality of businesses
within the CRA district, or attract additional businesses within the CRA district
boundaries.
Section 7
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Application Procedures
A property owner or tenant that is interested in participating in the Commercial BuildOut and Relocation Incentive Program must submit a completed and signed application,
along with supporting documentation, to:
The City of Titusville Community Redevelopment Agency
555 South Washington Avenue
P.O. Box 2806
Titusville, FL 32781-2806
In addition to other supporting documents, applicants are required to submit quotes
from two licensed contractors with the application, if applicable.
CRA staff will review applications for completeness and for compliance with Program
criteria. Incomplete applications may be returned for additional information. Projects
that do not comply with Program criteria will not be considered for funding.
Awards of funding will be based on the lowest qualified bid. The applicant may elect to
choose a contractor other than the one with lowest qualified bid but shall be responsible
for all costs exceeding the lowest qualified bid. Under all circumstances, the contractor
performing the work must be licensed, insured and have worker’s compensation
insurance.
December 31, 2012
Page 9 of 12
It is recommended that applicants retain the services of a registered architect, or
similarly qualified design professional to prepare plans, drawings, renderings and
construction specifications for their projects. Fees for services provided by a registered
architect or similarly qualified design professional may be counted towards the
applicant’s Program match.
The CRA will not be responsible in any manner for the selection of a contractor. An
applicant should pursue all activities necessary to determine contractor qualifications,
quality of workmanship, and reputation. The applicant will bear full responsibility for
reviewing the competence and abilities of prospective contractors and secure proof of
licensing and insurance coverage.
ommercial Build-Out and Relocation Incentive Program grant applications can be
obtained from the City of Titusville Community Redevelopment Agency, Second Floor,
City Hall, 555 South Washington Avenue, or from the City’s website at
www.titusville.com.
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Application Approval
The CRA Executive Director or designee will approve or deny grant applications of
$10,000 or less for Commercial Build-Out funds. Projects in excess of $10,000 or
requests for Relocation Incentive funds will be forwarded to the Community
Redevelopment Agency with a recommendation from CRA staff for funding approval or
denial. All applicants will receive written notification regarding approval or denial of
their application. If an applicant’s proposal is approved by the CRA Executive
Director/designee or the CRA, as applicable, the applicant will receive written notification
of the approval, which will include a funding agreement listing the amount of grant
funds that are approved.
Documentation of Applicant’s Funding Source
The applicant will be required to document the type and source of the project funds on
the application submitted to the CRA. Verification of the funding sources will be
required before final approval of the grant application.
At the discretion of the CRA Executive Director or designee, or the CRA, structural
repairs directly related to the building’s improvements that were completed within six
months prior to the date of the grant application MAY be used as part or all of the
applicant’s required match.
Construction Start
After the funding agreement has been executed, the applicant may award the
construction contract and secure all necessary construction permits. The owner/tenant
must issue a “Notice to Proceed” to the contractor and apply for a building permit within
60 days of executing the funding agreement. Construction must begin within 90 days of
the funding agreement and be completed within 12 months of the agreement.
Extensions may be granted at the discretion of the CRA Executive Director or designee,
contingent upon the applicant demonstrating just cause for such an extension.
December 31, 2012
Page 10 of 12
Disbursements
Generally, approved projects will receive reimbursement funding upon completion of the
project and submission of all required receipts, invoices and documentation. For
projects in excess of $10,000 (grant and applicant match combined), where the
applicant cannot secure full funding for the project, the Executive Director of the CRA
may approve the partial payment. Grant funds once a project has reached agreed-upon
milestones. In these cases, the applicant and the CRA will reach an agreement before
construction begins on the terms and conditions of such a milestone and the amount of
the partial payment. However, grant funds cannot be used to reimburse the applicant
for any work done on the building prior to the date of a fully executed Grant Agreement
between the applicant and the Community Redevelopment Agency; however, at the
discretion of the CRA, the CRA Executive Director or designee, costs for eligible
improvements directly related to the building’s exterior that were complete within six
months prior to the date of the grant application may be included as part of the project
cost for grant consideration.
Funds will be disbursed by a check payable to the applicant (1) upon certification of
completion by a City Building official, or as agreed to with the CRA Executive Director;
(2) CRA staff verification that the work was completed as proposed in a satisfactory and
professional manner; and (3) submission of all receipts and required documentation,
including contractor invoicing, and evidence of payment of funds for reimbursement and
match, to CRA staff. Funds will not be disbursed on projects that are not in accordance
with the approved plans.
The City’s Community Development Department will make the final determination as to
whether the project is complete. Applicants must provide verification, satisfactory to the
CRA, of all project costs, including contractor invoicing, and evidence of payment of
funds for reimbursement and match, before grant funds can be disbursed.
Application Process Summary
1. Applicant submits a complete application to the CRA office.
2. CRA staff reviews application for completeness, accuracy and eligibility.
3. CRA staff presents recommendation to the CRA Executive Director and/or CRA,
as appropriate.
4. Upon approval, the applicant will be notified in writing of the amount of the grant
awarded and the documentation that must be provided before funds are
released.
December 31, 2012
Page 11 of 12
Section 8
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Disclosures
The Community Redevelopment Agency expressly reserves the right to reject any or all
applications or to request additional information from any or all applicants. The CRA
retains the right to amend the program guidelines and application procedures without
notice. The CRA also retains the right to display and advertise properties that receive
grant funding.
Section 9
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Contact Information
Questions related to the application or viability of a proposed project should be directed
to CRA staff at (321) 383-5825 or (321) 264-7883.
December 31, 2012
Page 12 of 12
EXECUTIVE DIRECTORS REPORT
City of Titusville
REPORT TO COUNCIL
To:
From:
Subject:
Recommended Action:
Accept the Executive Director's Report as presented.
Alternatives:
Item Budgeted:
Strategic Plan:
ATTACHMENTS:
Name:
Description:
Executive_Director_s_Report_1_08_13.pdf
Evaulation_Tabulation.pdf
Julia Street Parking Lot Evaluation Form
DESIGN-BUILD_AGREEMENT.pdf
Julia Street Parking Lot Contract
Hist_Pres_Officer_BA.xls
His Pres Officer BA
EXECUTIVE DIRECTOR’S REPORT
TO:
Honorable Chairman and CRA Members
FROM:
DATE:
January 8, 2013
Action Item
1. Ratify the award of contract to Affordable Development, a division of Driveways,
Inc. of Titusville Florida in the amount of $237,535.89 for the design and
construction of the Julia Street Parking Lot Improvements. The contract was
approved by the Titusville Council on December 13, 2012; however, as the
contract is funded by the CRA, ratification of the award by the CRA is required. A
copy of the proposed contract and review committee’s evaluation form is
attached.
2. It is requested the CRA approve a Budget Amendment transferring $8000 from
Operating Supplies to Professional Services to support the contract for a Historic
Preservation Officer to implement the Historic Preservation Ordinance. A copy of
the Budget Amendment is attached.
Information Item
1. Cupcakes on Main, located at 13 Main Street, has opened for business.
Capital Projects in the Downtown
1. Julia Street Parking Lot



The funds allocated for this project are $450,000.
The project was awarded at $237,536, 53% (fifty-three percent) of the budgeted
amount to Affordable Development, a Division of Driveways, Inc. of Titusville,
Florida.
Contract was approved by the City Council on 12/13/2012. The CRA has been
requested to confirm the contract approval.
2. Indian River Bike Repairs



1
Funds allocated for this repair project are $55,000.
The contract was awarded at $27,105, which is 49% (forty-nine percent) of the
budgeted amount.
The contract conducted the preconstruction meeting on 12/10/2012, with project
commencement on 12/11/2012.
3. Marina Sidewalk Connections


The funds allocated for sidewalk connections are $90,000. The contract was
awarded at $31,460, 35% (thirty-five percent) of the budgeted amount.
The contract conducted the preconstruction meeting on 12/10/2012, with
project commencement on 12/11/2012.
4. Overhead Entrance Sign


The budget for this project is $100,000
Design/Build proposals were due on 12/6/2012.
5. Main Street Streetscape (Palm Avenue to Indian River Avenue)


This project will be bid following the Julia Street Parking Lot.
Weaver Boos has been awarded the contract for the landscaping design of this
project.
A list of CIP project priorities was discussed and approved at the February 2011 CRA
meeting. A spreadsheet of proposed projects in order of the priority, with associated
funding, expended funds and estimated balances is attached.
Ongoing Projects
1. Amtrak Station Planning & Development
The CRA has approved site plan design funds, and the staff will begin the
implementation of this phase. Discussions with Flagler Development, representing
Amtrak, have been initiated regarding an Amtrak station lease. However, as the
current All Aboard Florida plan does not extend north of Cocoa, it is unlikely that
further discussions will occur in the near term.
2. Downtown Commercial Beautification Program
There is currently one open grant, approved by the CRA on July 10, 2012.
3. Historic Preservation Board
The Historic Preservation Board held meetings on December 3, 2012. The draft
meeting minutes from the meeting held on November 5, 2012 is attached.
2
Project Name
Budget
Exp to Date
Julia Street Parking Lot Renovations
$268,500
$6,552
$100,000
$0
Indian River Bikeway Repair
$29,936
$109
Downtown Banners
$10,000
$0
Marina Sidewalk Connection
$40,961
$4,414
Whiteway Powerline Raising
$50,000
$0
Main Street Streetscape (portion unfunded)
$310,000
$2,940
Total Planned Project
$809,397
$14,015
($293,650)
$501,732
Balance of Funding
3
Historic Preservation Board
Regular Meeting
December 3, 2012
DRAFT
The Historic Preservation Board (HPB) of the City of Titusville, Florida met in regular
session at the Pritchard House, located at 524 South Washington Avenue on Monday,
December 3, 2012 at 1:00 p.m.
XXX
Vice-Chairman Megivern called the meeting to order at 1:00 p.m. Present were Member
Hoover, Member Foster, Member Duell and Secretary Petyk with Member Kiesel,
Member Adams and Chairman Harrell absent. Also attending were Executive Director of
Planning and Growth Management Courtney Barker and Recording Secretary Darsi Floss.
XXX
Member Foster motioned to approve the minutes from the November 5, 2012 meeting
as corrected. Member Hoover seconded. There was a unanimous voice vote.
XXX
Old Business
Member Foster advised that she wanted to make the members aware of developments
in the north Merritt Island area by Space X by Space Florida that could impact resources.
She contacted Jim Ball and voiced her concerns of a very important 1760 site. She
advised that a meeting will be held with Mr. Dale Ketchum from Space Florida on
January 9, 2013 at Dixie Cross Roads Restaurant at 1:30 p.m. They want to limit this
meeting to a group with interest and focus on historical/cultural resources because of
the sensitivity of the sites. The object of the meeting is to inform and discuss with Space
Florida the importance of the historical/cultural sites that are located north of the
Haulover Canal, namely Elliott's Plantation, Kings Road, Ross Hammock and family burial
plots, etc. They want to work with them to ensure protection of these sites.
Member Foster said that she will bring more information to the next meeting.
XXX
New Business
Review RFP for Historic Preservation Officer
Courtney gave a brief review of this item and advised that the officer would not have to
be a planning consultant.
Vice-Chairman Megivern asked if they are required to be an architect. Courtney said
they usually are.
4
DRAFT
Vice-Chairman Megivern asked if they could piggyback another City. Courtney said no,
but they could pick the same person.
Courtney said they will set the budget for the first year and the consultant will designate
and write reports.
Member Foster asked what stage the consultant would be called in and will they need to
have qualifications. Courtney said paperwork would have to be signed and the board
agrees to forward application to the Historic Preservation Officers.
Secretary Petyk asked if they have to have a business tax receipt and license. Courtney
said yes, and insurance.
Courtney advised that they hope to send out the RFP in a month.
Secretary Petyk asked how the Historic Preservation Officer will be chosen. Courtney
said they could have a selection committee or the board could be the selection
committee. The members agree that they would like to be the selection committee.
Courtney said they will short list the applicants and the Historic Preservation Officer will
report to them. They can discuss more at the February meeting.
Member Foster requested that the RFP be emailed to her. Courtney said okay.
XXX
Historic Preservation Workshop
Courtney asked the members how they thought the workshop was.
Secretary Petyk said it was good.
Member Foster said the flyer needs contact information on it.
Courtney suggested that they start planning a workshop for the qualified property
owners for the national designation list.
Member Foster said they should have a presentation on Certified Local Government.
Member Hoover asked if there are population limits for Certified Local Governments.
Member Foster said yes, but it is very low and the City of Titusville property owners
would qualify.
Courtney asked if there was anything that they felt they could have done better. ViceChairman Megivern said it was friendly and he has not heard any negative feedback.
5
DRAFT
Member Foster suggested they could have the requirements for the National register
and what it mean at the next workshop.
Vice-Chairman Megivern suggested having an application available.
Member Foster advised that the state has a powerpoint presentation.
Secretary Petyk asked if they have to have local designation to get National. Member
Foster said no.
Vice-Chairman Megivern asked if there was an application fee. Member Foster said yes,
and people can do their own application for the National designation. They can advise
them on how to apply.
Courtney suggested having the next workshop in March or April.
Secretary Petyk asked what time they should have the workshop. Vice-Chairman
Megivern suggested 9 a.m. till 12 noon and offer coffee and donuts. Narrow down the
time to make it more effective.
Member Foster said there is websites that has questions and worksheets. She suggested
holding the workshop at City Hall with round table discussions.
Member Foster asked how much grant money they could apply for to help out.
Vice-Chairman Megivern shared a replica of St. Gabriel’s church that they are selling as a
fund raiser.
XXX
The next meeting will be Monday, January 7, 2013, 1 p.m. in the City Council Chamber.
XXX
Reports
XXX
Petitions and Requests from Public Present
XXX
Adjournment 2:15 p.m.
6
City of Titusville
Evaluation of Proposals
RFP 12-P-049
Title: Julia St. Parking Improvements
Opening Date: October 29, 2012
Time: 4:00 PM
Affordable
Development
Titusville, FL
6
7
7.5
7
7
12
4
32
Jordan
Development
Orlando, FL
6
7
7.5
7
7
4
4
40
Don Facciobene
Palm Bay, FL
5
7
7.5
7
7
4
4
39
Masci
Corporation
Port Orange, FL
6
6
7.5
6
7.5
14
6
27
82.5
82.5
80.5
80
Litigation history
Design Firm (DF) experience on similar projects
Build Firm (BF) experience on similar projects
DF Personnel experience on similar projects
BF Personnel experience on similar projects
Project approach
Project schedule
Price
6
7
7
7
7
18
6
32
6
7
7
7
7
10
6
40
5
7
7
7
7
10
6
39
6
7
7
5
6
18
5
27
Melissa Beamon's Subtotal
90
90
88
81
Litigation history
Project approach
Project schedule
Price
6
7.5
7.5
7.5
7.5
18
5
32
6
7.5
7.5
7.5
7.5
8
6
40
5
7.5
7.5
7.5
7.5
4
4
39
6
7.5
7.5
7.5
7.5
18
4
27
Kevin Cook's Subtotal
91
90
82
85
Litigation history
Project approach
Project schedule
Price
5
6
6
6
6
14
4
32
5
6
5
4
5
5
6
40
5
6
5
6
5
5
5
39
6
4
7
4
7
10
5
27
Woody Rice's Subtotal
79
76
76
70
342.5
338.5
326.5
316
Evaluation Criteria
Litigation history
Project approach
Project schedule
Price
Peggy Busacca's Subtotal
TOTALS
November 21, 2012
DESIGN/BUILD SERVICES AGREEMENT
BETWEEN THE CITY OF TITUSVILLE AND AFFORDABLE DEVELOPMENT
FOR THE JULIA STREET PARKING LOT IMPROVEMENTS
__________________________________________________________
THIS AGREEMENT is entered into by and between THE CITY OF TITUSVILLE (“CITY” or
“Owner”), a municipal corporation established in the State of Florida, and Affordable Development, a
division of Driveways, Inc. (“Design-Build Firm”), whose principle office is located at 3300 N. Bobbi
Lane, Titusville, FL 32780.
WITNESSETH THAT:
WHEREAS, THE CITY desires to engage a Florida licensed firm, who has special and unique
competence and experience providing engineering and construction services designing and constructing
parking lots, to design and build improvements to the Julia Street Parking Lot; and,
WHEREAS, the Design-Build Firm is a firm or a joint-venture authorized to conduct business in
the State of Florida, Design-Build Firm desires to provide such design-build services in accordance with
this Agreement, and represents that it has such competence and experience in providing these services;
and,
WHEREAS, the Design-Build Firm has agreed to provide labor, materials, equipment,
transportation, supporting documentation, and all other products, services, or facilities necessary for
Design-Build Firm’s complete performance pursuant to the Contract Documents identified herein (the
“Work”); and,
WHEREAS, THE CITY has duly considered and awarded this contract to the Design-Build Firm;
and,
WHEREAS, THE CITY and Design-Build Firm desire to enter into an agreement for the
performance by the Design-Build Firm of engineering design, construction and other related services
required to provide improvements to the Julia Street Parking Lot as more specifically described herein
and in related contract documents; and,
WHEREAS, the Design-Build Firm shall at all times be in privity of contract solely with the
CITY, and shall rely solely upon directions received from the Project Manager, designated by the CITY,
regarding performance and acceptance of the Work.
NOW, THEREFORE, in consideration of the aforesaid premises, which are hereby made a part of
this Agreement, and the mutual undertakings set forth herein, the parties agree as follows.
ARTICLE I - TERM, SCHEDULE AND TIME OF PERFORMANCE
A.
Term. The term of this Agreement shall be from the Effective Date to the Completion Date.
1. Effective Date. The date upon which the last party to this Agreement has dated and executed
the same.
2.
Agreed Schedule. The schedule for the services hereunder as agreed to by the parties, and
providing for the Commencement Date, schedule and duration of specific project tasks, and
Completion Date for Design-Build Firm’s services and activities required for the Work (”Agreed
Schedule”).
CN12P049 – Julia St. Parking Lot Improvements
Page 1 of 31
3. Completion Date. The date all obligations hereunder are to be completed by the Design-Build
Firm and accepted by the CITY.
1.
The design and permitting services shall be completed within 46 calendar days
from the commencement date stipulated in the Notice to Proceed issued by the City.
2.
Construction work shall be completed within 106 calendar days from the
commencement date stipulated in the Notice to Proceed issued by the City.
4. Surviving Obligations. For a period of 36 months after the Completion Date, the Design-Build
Firm shall have a continuing obligation to provide access to each of the key Design-Build Firm
personnel identified in Article VIII, Paragraph A for the limited purpose of providing
clarification regarding the Work. The Design-Build Firm shall be compensated for any such
continuing services for a fee agreed to by the parties pursuant to GC 9 - CONTRACT
AMENDMENTS; CHANGE ORDERS.
B.
Commencement Date. Design-Build Firm shall begin the Work on the Commencement Date as
defined in the General Conditions. Design-Build Firm shall prosecute the Work regularly,
diligently, and uninterruptedly so as to complete the Work ready for use in accordance with the
Statement of Work and the time(s) stated for completion in the Agreed Schedule. A fifteen (15)
day period has been included in the allotted time for completion to allow for mailing of this
Agreement and Design-Build Firm’s submission of any required submittals. Design-Build Firm will
not be allowed to commence the Work until all required submittals are received and approved.
C.
Time is of the Essence. Performance of the Work in compliance with the Commencement Date
and Completion Date are essential conditions hereof. In addition, time is of the essence for each and
every aspect of this Agreement. Where additional time is allowed for the completion of the Work,
the new time limit shall also be of the essence.
ARTICLE II - STATEMENT OF WORK AND DELIVERABLES
A. Statement of Work/Scope of Services. The Design-Build Firm agrees to provide all supervision,
labor, materials, deliverables, equipment, tools, transportation and all required incidentals necessary to
perform engineering design and construction services, furnish and deliver all materials, and do and
perform all work and labor required to be furnished and delivered, done and performed for the design,
permitting, and construction of improvements at the Julia Street Parking Lot (the “Work”), in full
conformity with the following documents (hereinafter “Contract Documents”):
1.
2.
3.
4.
5.
This Agreement;
The General Conditions, attached hereto as Exhibit 1 and incorporated herein by reference;
Any Special Conditions attached hereto;
THE CITY’s Request for Proposals RFP # 12-P-049 (the “RFP”);
Design-Build Firm’s proposal titled “Design/Build Proposal for Julia St. Parking Lot
Improvements” dated October 29, 2012, identified as Exhibit “2” and incorporated hereto by
reference and in the definition of Statement of Work in section GC-1 Q. herein;
6. Any other Addenda, Certifications, Affidavits, and Exhibits to this Agreement or any of the
Contract Documents.
In the event of conflict between or among the terms of the Contract Documents, the provisions in the
CITY Request for Proposal RFP # 12-P-049 shall prevail.
Page 2 of 31
1. Other related requirements
1.1 The Design-Build Firm shall not duplicate any previous work done on any project
without the CITY’s consent. Before the Commencement Date the Design-Build Firm shall
consult with the Project Manager to clarify and define the CITY’s requirements for the Work
and review all available data.
1.2
The Design-Build Firm shall attend all conferences required by the CITY and its
representatives.
1.3. In order to accomplish the Work under the time frames and conditions set forth in this
Agreement, the Design-Build Firm shall observe the following requirements:
a.
b.
c.
d.
e.
f.
g.
The Design-Build Firm shall complete its design work on the project within the time
allowed by maintaining an adequate staff on the Work at all times.
The Design-Build Firm shall comply with all federal, state, and local laws applicable
to the project. The Design-Build Firm’s work product shall fully conform with all
federal, state and local laws applicable to the project.
The Design-Build Firm shall prepare all necessary sketches, permit application
drawings, and complete all application forms for any required federal, state, or local
permits. The Design-Build Firm shall reply to all permitting agency's requests for
additional information related to a permit application.
The Design-Build Firm shall cooperate fully with the CITY in order that all phases of
the Work may be properly scheduled and coordinated.
The Design-Build Firm shall send the appropriate and complete sets of documents to
any city, county, state or federal regulatory agency from which a permit or other
approval is required, and shall coordinate the project requirements with all agencies.
The Design-Build Firm shall complete its construction work on the project within the
time allowed by maintaining an adequate labor and supervision on the Work at all
times.
The Design-Build Firm shall regularly report the status of the Work to the Project
Manager and hold all related work open to the inspection of the Project Manager or
his authorized agent at any time, as set forth in the Contract Documents.
1.4 The Design-Build Firm shall furnish the CITY all products and deliverables in the
quantities and formats stipulated in and in accordance with the Contract Documents and the
Agreed Schedule. The Design-Build Firm is responsible to furnish additional copies of reports,
drawings, documents, and other pertinent items as required by federal, state and local agencies
from which approval of the project must be obtained, prospective subcontractors, material
suppliers, and other interested parties. All original documents, survey notes, field books,
tracings, and the like, including all items furnished to the Design-Build Firm by the CITY
pursuant to this Agreement are, and shall remain the property of the CITY, and shall be
delivered to the CITY upon completion of the Work. All items prepared by the Design-Build
Firm shall be created, maintained, updated, and provided in the format as specified by the
CITY, and shall be owned by the CITY.
1.5 The Design-Build Firm shall obtain all required permits. The Design-Build Firm is
responsible for preparation of all applicable permits for the CITY’s submittal to governmental
regulatory agencies, and the Design-Build Firm’s written responses to all regulatory agencies'
questions, and changes required by such regulatory agencies.
Page 3 of 31
1.6 The Design-Build Firm shall furnish all labor, supervision, materials, equipment, tools,
transportation and all required incidentals to complete all the construction work in accordance
with the Contract Documents and the Agreed Schedule.
1.7 Any additional work required by the CITY beyond the requirements of the Contract
Documents, shall be an additional service, and the CITY shall compensate the Design-Build
Firm in accordance with GC-9 CONTRACT AMENDMENTS; CHANGE ORDERS. Written approval
by the CITY shall be required prior to commencement of any additional work.
B.
Deliverables. The Design-Build Firm shall deliver all products and services in accordance with the
requirements stipulated in the Contract Documents. The Design-Build Firm is responsible for the
professional quality, technical accuracy, constructability, construction materials and workmanship,
and timely completion of the Work in compliance with the Agreed Schedule. Both workmanship
and materials shall be of good quality and consistent with the professional skill and care ordinarily
provided by professional engineers in Florida and General Contractors on projects similar to the
Work. The Design-Build Firm shall correct any and all errors, omissions or deletions in the Work
performed without additional compensation from the CITY. Unless otherwise specifically provided
for herein, the Design-Build Firm shall provide and pay for all materials, labor, and other facilities
and equipment as are necessary for the performance of the Work. The CITY’s Project Manager
shall make a final acceptance inspection of the deliverables when they are completed and finished
in all respects in accordance herewith. The parties may agree, at any time, in the form of a written
amendment, to make changes within the general scope of this Agreement to the Work to be
provided hereunder.
C.
Progress Schedule. The Design-Build Firm shall provide an updated progress schedule with each
payment request, taking into account all delays, Change Orders, etc. Failure to provide an updated
progress schedule will be cause to withhold payment to the Design-Build Firm until such time as
the updated schedule is received.
D.
Progress Reports. The Design-Build Firm shall provide progress reports as described in the
Statement of Work.
E.
Ownership. The CITY shall own all reports, copyrights, and all accompanying data (in all
formats) developed, secured, obtained or produced pursuant to the Work. Any source documents or
any other documents or materials owned by third parties and used in the performance of this
Agreement shall be considered property of the entity from which such documents or materials
originated.
F.
Design-Build Firm Computer Codes. If any existing computer codes required for the
development of a model selected by the Design-Build Firm and necessary for use in completing the
Work are deemed proprietary by the Design-Build Firm, then the Design-Build Firm grants to the
CITY and its assignees, a non-exclusive license to use the proprietary computer model codes for the
sole purpose of utilization and/or further development of the Work. The Design-Build Firm agrees
to indemnify and hold the CITY harmless from all costs, damages, and expenses, including
attorney’s fees, arising from any claim, right, or suit over the proprietary interests in the computer
codes developed for the Work. The Design-Build Firm agrees to indemnify and hold the CITY
harmless from all costs, damages, and expenses, including attorneys’ fees, incurred by the CITY in
the event of claims brought pursuant to Chapter 119, Fla. Statutes. Documentation of the DesignBuild Firm’s proprietary rights shall be provided to the CITY upon request. When submitted to the
CITY’s Project Manager, the Design-Build Firm’s computer codes may become public records
subject to the provisions of Chapter 119, Fla. Statutes.
Page 4 of 31
G.
Other Computer Codes. The Design-Build Firm shall not be entitled to claim any proprietary
right to computer codes that are developed by the Design-Build Firm in fulfilling the requirements
of the Work, which shall be considered “work for hire” under applicable copyright and/or patent
law. Such computer codes, which constitute a Deliverable hereunder, are the sole and exclusive
property of the CITY. The CITY may copyright or patent such computer codes in their own name
to the full extent authorized by law.
ARTICLE III - COMPENSATION
A.
Compensation
For satisfactory performance of the Work, the CITY agrees to pay the DESIGN-BUILD FIRM for
services rendered and accepted by the CITY pursuant to this Agreement and as detailed in the Price
Schedule contained herein in page 13 and in the DESIGN-BUILD FIRM’s proposal dated October
29, 2012, for a total authorized amount of Two Hundred Thirty Seven Thousand Five Hundred
Thirty Five dollars and Eighty Nine cents ($237,535.89).
B.
Invoicing Procedure. All invoices shall be submitted to the CITY’s Purchasing and Contracting
Administrator at the following address: City of Titusville, 555 S. Washington Avenue, Titusville,
FL 32796. Design-Build Firm shall submit monthly invoices based upon the actual portion of the
Work performed (percentage of Task Complete) and shall bill as per the Schedule of Pay Items
included herein in page 13. All payment requests shall contain the contract number, Design-Build
Firm’s name and address, name of the Project Manager, and name of the Design-Build Firm’s
Project Manager.
All invoices shall be approved by the CITY as a condition precedent to payment. Payment requests
that do not correspond to the services identified in the Contract Documents or other requirements of
this paragraph will be returned to the Design-Build Firm without action within twenty (20) business
days of receipt and shall state the basis for rejection of the invoice. Payments shall be made within
twenty-five (25) days of receipt of an invoice that conforms to this Article.
C.
Payments. The CITY shall make partial payments to the Design-Build Firm on the basis of duly
certified and approved invoices for Work performed by the Design-Build Firm, less ten percent
(10%) of the invoiced amount which is to be retained by the CITY until all Work has been
performed strictly in accordance with this Agreement and until such Work has been fully accepted
by the CITY. Payments may also be subject to withholding as provided in Paragraphs “D” and “E”
below.
Upon acceptance of the Work covered by this Agreement by the CITY and the receipt and
acknowledgment by the CITY of the proper maintenance bond and as-builts, and submission, by
the Design-Build Firm, of evidence satisfactory to the CITY that all payrolls, material bills and
other costs incurred by the Design-Build Firm in connection with the construction of the Work have
been paid in full, and also, after all guarantees that may be required are provided, final payment (for
retainage duly invoiced) on account of this Agreement shall be made within twenty (25) days after
receipt of the last required submittal by the Design-Build Firm.
D.
Payments Withheld. The CITY may withhold or, on account of subsequently discovered evidence,
nullify, in whole or in part, any payment to such an extent as may be necessary to protect the CITY
from loss as a result of: (1) defective Work not remedied; (2) failure of the Design-Build Firm to
make payments when due to subcontractors, sub-consultants or suppliers for materials or labor; (3)
the CITY’s determination that the Work cannot be completed for the remaining or unpaid funds; (4)
failure to maintain adequate progress in the Work; or (5) any other material breach of this
Page 5 of 31
Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s)
for withholding payment have been remedied.
E.
Liquidated Damages. It is mutually agreed that time is of the essence in this Agreement and
should the Design-Build Firm fail to complete the Work within the specified time as defined in the
Agreed Schedule, or any authorized extension thereof, the Design-Build Firm shall be subject to the
liquidated damages provisions of section GC-10 herein.
F.
Forfeiture of Final Payment. The Design-Build Firm shall submit the final invoice to the CITY
not later than 90 days after the Completion Date. THE DESIGN-BUILD FIRM’S FAILURE TO
SUBMIT THE FINAL INVOICE TO THE CITY WITHIN THE TIME FRAME ESTABLISHED
HEREIN SHALL BE A FORFEITURE OF ANY REMAINING AMOUNT DUE UNDER THE
AGREEMENT.
G.
Release. Upon the satisfactory completion of the Work, the CITY shall provide a written statement
to the Design-Build Firm accepting all Work and Deliverables. Acceptance of the final payment
shall be considered as a release in full of all claims against the CITY arising from or by reason of
the Work done and materials furnished hereunder, with the exception of any pending claims for
additional compensation that have been documented and filed as required by this Agreement. The
Design-Build Firm agrees that final payment shall be conditioned on the receipt by the CITY of
duly executed and acknowledged statements showing that the Design-Build Firm and all subDesign-Build Firms, subcontractors and suppliers have been paid in full and each has duly executed
lien waivers or waivers of right to claim against any payment bond that ensure the release of any
and all claims or liens against the CITY and any owner of property upon which the Work has been
located.
ARTICLE IV - INDEMNITY AND INSURANCE
A.
The Design-Build Firm agrees to indemnify and hold harmless the CITY and their officers,
directors, employees and agents from liabilities, damages, losses, and costs, including, but not
limited to, reasonable attorneys’ fees, to the extent caused by any act or omission of the DesignBuild Firm or any Sub-Consultants, Subcontractor, supplier or other person employed or utilized by
the Design-Build Firm in the performance of this contract, or because of or as a consequence of any
negligence, recklessness, or intentionally wrongful conduct of the Design-Build Firm, or any SubConsultants, Subcontractor, supplier or other person employed or utilized by the Design-Build Firm
in the performance of this contract. The CITY and the Design-Build Firm further agree that this
provision satisfies the requirement of Florida Statute Section 725.08 so that the indemnification
provisions are valid and binding upon the parties to this contract.
Sub-Consultant(s),
Subcontractors, suppliers and other persons employed or utilized by the Design-Build Firm in the
performance of this contract shall provide evidence of said hold harmless and indemnity prior to
commencement of the Work.
B.
The Design-Build Firm and any Sub-Consultant, Subcontractor, supplier or other person employed
or utilized by the Design-Build Firm in the performance of this contract shall acquire and maintain
all insurance required by GC-17 GENERAL CONDITIONS attached hereto. In the respective
contracts, the Design-Build Firm shall require and ensure that all Sub-Consultants, Subcontractors,
suppliers or other persons acquire and maintain all insurance requirements set forth in section GC17 GENERAL CONDITIONS attached hereto.
ARTICLE V - TERMINATION FOR CONVENIENCE
The CITY may terminate this Agreement for convenience pursuant to section GC-13 herein for any
reason.
Page 6 of 31
ARTICLE VI - PROJECT MANAGEMENT
A.
Project Managers. The individuals listed below shall be responsible for overall coordination,
oversight, and management of the Work. The parties agree to the following persons being
designated as the CITY’s Project Manager and the Design-Build Firm’s Project Manager:
THE CITY
Mr. Kevin Cook, Project Manager
City of Titusville
445 Washington Avenue
Titusville, Florida 32796
Phone # (321) 383- 5797
Fax # (321) 383- 5705
E-mail: [email protected]
DESIGN-BUILD FIRM
Mr. Edwin Upthegrove, President
Affordable Development, a division of Driveways, Inc.
3300 N. Bobbi Lane
Titusville, Florida 32780
Phone # 321-267-4032
Fax # 321-264-2842
E-mail: [email protected]
B.
Project Administrator. The City’s Purchasing and Contracting Administrator.
C.
Change in Project Manager. The CITY may change its Project Manager by providing prior
written notice of the change to Design-Build Firm. Design-Build Firm’s Project Manager is
designated as Key Design-Build Firm personnel pursuant to Article VIII. A, and the provisions
thereof shall apply. The CITY reserves the right to request Design-Build Firm replace its Project
Manager if said Manager is unable to carry the Work forward in a competent manner or fails to
follow instructions or the requirements of the Contract Documents, or for other reasonable cause.
D.
Supervision. The Design-Build Firm shall provide efficient supervision of the Work, using the
professional skill and care ordinarily provided by professional engineers and general contractors in
the State of Florida on projects similar to the Work. If the CITY informs the Design-Build Firm
that any person on the job is working contrary to the Agreement or the instructions of the CITY,
that person shall thereupon be immediately dismissed from the project and shall not be given
employment on any work connected with this Agreement.
E.
Notices. All notices to each party shall be in writing and shall be either hand-delivered or sent via
U.S. certified mail or e-mail to the respective party’s Project Manager at the names and addresses
specified above. All notices shall be considered delivered upon receipt. Should either party change
its address, written notice of the new address shall be sent to the other party within five (5) business
days.
ARTICLE VII – ACCEPTANCE OF CONDITIONS
A.
The Design-Build Firm hereby agrees that it has carefully examined the surface of the site and has
made sufficient tests, or other necessary subsurface investigations to fully satisfy itself that such site
is a correct and suitable one for this Work and assumes full responsibility therefore. The provisions
of this Contract shall control any inconsistent provisions contained in the preliminary design and
specifications. All preliminary design Drawings and Specifications have been read and carefully
considered by the Design-Build Firm, who understands the same and agrees to their sufficiency for
the Work to be done. It is expressly agreed that under no circumstances, conditions or situations
shall this Contract be more strongly construed against the Owner than against the Contractor and
his Surety.
Page 7 of 31
B.
Any ambiguity or uncertainty in the preliminary design Drawings or Specifications shall be
interpreted and construed for this project by Kevin Cook, P.E., Public Works Director, and his
decision shall be final and binding the Design-Build Firm.
C.
It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the
Work or material by the CITY, its consulting Engineer/Architect or by any agent or representative
as in compliance with the terms of the Contract Documents, Drawings and Specifications covering
said Work, shall not operate as a waiver by the CITY of strict compliance with the terms of this
Contract and the requirements of the Contract Documents and/or the Drawings and Specifications
covering said Work; and the CITY may require the Design-Build Firm and/or its Surety repair,
replace, restore and/or make to comply strictly with this Contract, Contract Documents and the
Drawings and Specifications any and all of said Work and/or materials which within a period of
one year from and after the date of the passing, approval, and/or acceptance of any such Work or
material , are found to be defective or to fail in any way to comply with this Contract, Contract
Documents or with the Drawings and Specifications. This provision shall not apply to materials or
equipment normally expected to deteriorate or wear out and become subject to normal repair and
replacement before their condition is discovered. The Design-Build Firm shall not be required to
do normal maintenance Work under the guarantee provisions. Failure on the part of the DesignBuild Firm and/or its Surety, immediately after notice to either, to repair or replace any such
defective materials and Workmanship shall entitle the CITY, if it sees fit, to replace or repair the
same and recover the reasonable cost of such replacement and/or repair from the Design-Build Firm
and/or its surety, who shall in any event be jointly and severally liable to the CITY for all damage,
loss and expense caused to the CITY by reason of the Design-Build Firm's breach of this Contract
and/or his failure to comply strictly with the Contract, Contract Documents and with the Drawings
and Specifications.
ARTICLE VIII - MISCELLANEOUS PROVISIONS
A.
Key Design-Build Firm Personnel. The Design-Build Firm acknowledges its understanding that
the experience level of key Design-Build Firm personnel to be involved in performance of the
Work was a material factor that was considered by the CITY in determining to enter into this
Agreement with the Design-Build Firm. The following persons are considered Key Design-Build
Firm personnel:
Edwin Upthegrove, President
Sid Chehayeb, P.E., President
Affordable Development, a division of Driveways, Inc.
Consulting Civil Engineers, Inc.
The Design-Build Firm shall not substitute key personnel without the prior written consent of the
CITY. In the event key personnel leave the Design-Build Firm’s employ during the term of this
Agreement, the CITY shall have the right to approve substitute key personnel. In the event the
parties cannot agree upon substitute personnel, the CITY may terminate this agreement for
convenience, as provided in GC-13 TERMINATION FOR CONVENIENCE.
B.
Assignment and Subcontracts. The Design-Build Firm shall not sublet, assign, or transfer any
Work, in whole or in part, or assign any moneys due or to become due hereunder, without the prior
written consent of the CITY. The Design-Build Firm shall notify the CITY’s Project Manager in
writing of the names of sub-consultants and subcontractors proposed for the Work. Neither the
CITY’s approval of a sub-consultant or subcontractor nor any other provision of this Agreement
shall create a contractual relationship between any sub-consultant or subcontractor and the CITY.
The Design-Build Firm shall be responsible for the fulfillment of all Work elements included in the
subcontracts and shall be responsible for the payment of all monies due under any subcontract. The
Design-Build Firm agrees that final payment shall be conditioned on the receipt by the CITY of
Page 8 of 31
duly executed and acknowledged statements showing that all sub-consultants, subcontractors and
suppliers have been paid in full and each has duly executed lien waivers or waivers of right to claim
against any payment bond that ensure the release of any and all claims or liens against the CITY
and any owner of property upon which the Work has been located. The Design-Build Firm shall be
as fully responsible to the CITY for the acts and omissions of its sub-consultants, subcontractors
and of persons either directly or indirectly employed by them, as it is for its own acts and
omissions.
C.
Interest of Design-Build Firm. The Design-Build Firm certifies that no officer, agent, member, or
employee of the CITY, has any material interest, as defined in Chapter 112, Fla. Stat., either
directly or indirectly, in the business of the Design-Build Firm to be conducted hereby, and that no
such person shall have any such interest at any time during the term of this Agreement.
D.
Independent Contractor. The Design-Build Firm is an independent contractor. Neither DesignBuild Firm nor Design-Build Firm’s employees are employees of the CITY. The Design-Build
Firm shall have the right to control and direct the means and methods by which the Work is
accomplished. The Design-Build Firm may perform services for others, which solely utilize the
Design-Build Firm’s facilities and do not violate any confidentiality requirements of this
Agreement. The Design-Build Firm is solely responsible for compliance with all labor and tax laws
pertaining to Design-Build Firm, its officers, agents, and employees, and shall indemnify and hold
the Indemnities harmless from any failure to comply with such laws. The Design-Build Firm’s
duties with respect to the Design-Build Firm, its officers, agents, and employees, shall include, but
not be limited to: (1) providing Workers’ Compensation coverage for employees as required by
law; (2) hiring of any employees, assistants, sub-Design-Build Firms or subcontractors necessary
for performance of the Work; (3) providing any and all employment benefits, including, but not
limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and
disability insurance; (4) payment of all federal, state and local taxes income or employment taxes,
and, if Design-Build Firm is not a corporation, self-employment (Social Security) taxes; (5)
compliance with the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq., including payment of
overtime in accordance with the requirements of said Act; (6) providing employee training for all
functions necessary for performance of the Work; (7) providing equipment and materials necessary
to the performance of the Work; and (8) providing office or other facilities for the performance of
the Work. In the event the CITY provides training, equipment, materials, or facilities or otherwise
facilitate performance of the Work, this shall not affect any of the Design-Build Firm’s duties
hereunder or alter the Design-Build Firm’s status as an independent contractor.
E.
Conflicting Employment. The Design-Build Firm hereby represents that it has no undisclosed
conflict of interest between the services to be provided under this Agreement and services being
provided by the Design-Build Firm to any other clients. Should the Design-Build Firm or the CITY
become aware of any such conflict of interest, that party will promptly notify the other party
thereof. The Design-Build Firm and the CITY shall negotiate in good faith to resolve the conflict.
If the Design-Build Firm and the CITY cannot resolve the conflict of interest, the CITY may
terminate this Agreement upon five (5) days prior written notice if the Design-Build Firm fails to
resolve the conflict within such time period. In no case shall the Design-Build Firm’s Project
Manager, or other key personnel who have been so identified in the Article VIII.A., be directly
involved in providing services to other clients associated with the conflict. Notwithstanding the
foregoing, the Design-Build Firm may accept retainers from or be employed by third parties whose
interest appear conflicting or inconsistent with that of the CITY if, after full written disclosure of
the facts to the CITY, the CITY determines that the apparent conflict shall not interfere with the
performance of the Work by the Design-Build Firm.
Page 9 of 31
F.
Civil Rights. Pursuant to Chapter 760, Fla. Stat., the Design-Build Firm shall not discriminate
against any employee or applicant for employment because of race, color, religion, sex, national
origin, age, handicap, or marital status.
G.
Audit: Access to Records. The Design-Build Firm agrees that the CITY or its duly authorized
representatives shall, until the expiration of three (3) years after expenditure of funds hereunder,
have access to examine any of the Design-Build Firm’s books, documents, papers, and other
records involving transactions related to this Agreement. The Design-Build Firm shall preserve all
such records for a period of not less than three (3) years. Payment(s) made hereunder shall be
reduced for amounts charged that are found on the basis of audit examination not to constitute
allowable costs. The Design-Build Firm shall refund any such reduction of payments. All required
records shall be maintained until an audit has been completed and all questions arising from it are
resolved. The Design-Build Firm will provide proper facilities for access to and inspection of all
required records.
H.
Release of Information. Records of the Design-Build Firm, sub-consultants and subcontractors
that are made or received in the course of performance of the Work may be public records that are
subject to the requirements of Chapter 119, Fla. Stat. However, some records may be confidential
or exempt from disclosure under Chapter 119, Fla. Stat. In the event the Design-Build Firm
receives a request for any such records, the Design-Build Firm shall notify the CITY’s Project
Manager and comply with Chapter 119, Fla. Stat. The Design-Build Firm shall not prepare any
news or press release in any way related to this Agreement, without the CITY’s written consent.
I.
Royalties and Patents. Unless expressly provided otherwise herein, the Design-Build Firm shall
pay all royalties and patent and license fees necessary for performance of the Work and shall
defend all suits or claims for infringement of any patent rights and save and hold Indemnities
harmless from loss on account thereof. If the Design-Build Firm at any time has information that
the process or article so specified is an infringement of a patent, it shall be responsible for such loss
unless it promptly provides such information to the CITY. The Design-Build Firm hereby certifies
to the CITY that the Work to be performed pursuant to this Agreement does not and will not
infringe on any patent rights.
J.
Governing Law. This Agreement shall be construed and interpreted according to the laws of the
state of Florida.
K.
Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for
such proceedings shall be in Brevard County, Florida.
L.
Attorney’s Fees. In the event of any legal or administrative proceedings arising from or related to
this Agreement, including appeals, each party shall bear its own costs and attorney’s fees.
M.
Conflicting Provisions. If any provision hereof is found to be in conflict with any other, then the
specific terms shall prevail over the general.
N.
Waiver of Right to Jury Trial. In the event of any civil proceedings arising from or related to this
Agreement, Design-Build Firm hereby consents to trial by the court and waives its right to seek a
jury trial in such proceedings; provided, however, that the parties may mutually agree to a jury trial.
O.
Construction of Agreement. This Agreement shall not be construed more strictly against one party
than against the other merely by virtue of the fact that it may have been prepared by counsel for one
of the parties, it being recognized that both parties have contributed substantially and materially to
the preparation hereof.
Page 10 of 31
P.
Entire Agreement. This Agreement, upon execution by the Design-Build Firm and the CITY,
constitutes the entire agreement of the parties. The parties are not bound by any stipulations,
representations, agreements, or promises, oral or otherwise, not printed or inserted herein. The
Design-Build Firm agrees that no representations have been made by the CITY to induce the
Design-Build Firm to enter into this Agreement other than as expressly stated herein. This
Agreement cannot be changed orally or by any means other than written amendments referencing
this Agreement and signed by all parties.
Q.
Separate Counterparts. This Agreement may be executed in separate counterparts, which shall
not affect its validity.
R.
Authority to Enter into Agreement. Each party to this Agreement has the authority to enter into
and form this Agreement. The individuals signing the Agreement have the authority to act as agents
of their respective organizations. Each party acknowledges that they have read this Agreement and
will abide by it.
Page 11 of 31
IN WITNESS WHEREOF, THE CITY has caused this Agreement to be executed on the day and year
written below in its name by its Mayor, and Design-Build Firm has caused this Agreement to be executed
on the day and year written below in its name by its duly authorized representatives, and, if appropriate,
has caused the seal of the corporation to be attached.
CONTRACTOR: Affordable Development,
a division of Driveways, Inc.
THE CITY OF TITUSVILLE, FLORIDA:
By_______________________________
_________________________________
James H. Tulley, Jr., Mayor
___________________________________
Printed Name
Date:
___________________________________
Title
(SEAL )
Date:
ATTEST:
WITNESS: (If corporation, attach
Seal and attest by Secretary.)
________________________________
City Clerk
________________________________
Date:
Date:
Approved as to Form:
Approved as to Content:
_________________________________
City Attorney
________________________________
City Manager
*In the event that the Contractor is a Corporation, there shall be attached to each counterpart a certified
copy of a resolution of the Board of Directors of the Corporation, authorizing the officer who signs the
Contract to do so in its behalf.
Reviewed by:
_________________________________________________________
Jesus M. Vieiro, Purchasing & Contracting Administrator
Kevin Cook, Public Works Director
Documents attached:
Exhibit 1 - General Conditions,
Exhibit 2 - Design-Build Firm’s proposal dated ________
Page 12 of 31
Price Schedule for Julia Street Parking Improvements
Description
1A - Survey, Geotechnical investigation, Design, Engineer, prepare sealed
plans, obtain permit(s)
1B - Engineer’s oversight, Prepare and submit Record Drawings, Project
Certification by EOR.
2A - Submittals (Shop dwgs, SWPPPP, Traffic Control Plan), General
Conditions, Insurance, Bonds, etc.
2B – Contractor’s Mobilization and Demobilization.
2C – Maintenance of Traffic
2D – Demolition in accordance with permitted design, constructions
plans and contract documents.
2C – Construction of all improvements in accordance with permitted
design, constructions plans and contract documents.
Total Contract Price
Price
$13,684.00
$4,400.00
$550.00
$1,650.00
$1,980.00
$550.00
$214,721.89
$237,535.89
Page 13 of 31
EXHIBIT 1 - GENERAL CONDITIONS
GC-1
DEFINITIONS
A. ADDENDA: Written or graphic instruments issued prior to the opening of Solicitations, which make additions,
deletions, or revisions to the contract documents.
B. AGREEMENT: The written contract between the CITY and the Design-Build Firm covering the Work to be
performed, which includes all other documents that are attached to the Agreement or incorporated by reference
and made a part thereof. It shall be understood that the words “contract” and “Agreement” are synonymous in
these documents.
C. AMENDMENT: Any written change made to the terms and conditions of the Agreement.
D. CITY or OWNER: The City of Titusville, and where applicable its officers, agents, and employees.
E. COMMENCEMENT DATE: The date upon which the Work is authorized to proceed in the Notice to
Proceed.
F. COMPLETION DATE: The date upon which the Work is required to be completed.
G. DESIGN-BUILD FIRM: The Design-Build Firm is Affordable Development, a division of Driveways, Inc.,
and where applicable, its officers, agents, employees, and assigns.
H. DESIGN-BUILD FIRM’s PROJECT MANAGER: The individual designated by the Design-Build Firm in
Article VI, paragraph A.
I.
DAY: Each day shown on the calendar.
J.
DELIVERABLES: All work that is to be performed pursuant to the Statement of Work and Contract
Documents, in whole or in part, including, but not limited to, all equipment or materials that are incorporated
within the Work.
K. FORCE MAJEURE: The failure to carry out any of the terms of this Agreement due to any one of the
following circumstances beyond the control of Design-Build Firm: (a) the operation and effect of rules,
regulations, or orders promulgated by any commission, county, municipality, or governmental agency of the
state of Florida or the United States, (b) a restraining order, injunction, or similar decree of any court of
competent jurisdiction, (c) war, (d) flood, (e) earthquake, (f) fire, (g) severe wind storm, (h) acts of public
disturbance, (i) quarantine restrictions, (j) epidemics, (k) strikes, (l) freight embargoes, or (m) sabotage.
L. PERSON: Any individual, partnership, society, association, joint stock company, corporation, estate, receiver,
trustee, assignee, referee, or capacity, whether appointed by a court or others, and any combination of
individuals.
M. PROJECT ADMINISTRATOR: The City’s Purchasing and Contracting Administrator.
N. PROJECT MANAGER: The City of Titusville Public Works Director or authorized designee, as provided
herein.
O. STATEMENT OF WORK: The part of this Agreement containing the written scope, budget, schedule,
directions and requirements for completing the Work as set forth in the Design-Build Firm’s proposal titled
“Design/Build Proposal for Julia St. Parking Lot Improvements” dated October 29, 2012, identified as Exhibit
“2” and incorporated hereto by reference. Standards for specifying materials or testing that are incorporated
therein by reference shall have the same force and effect as if fully set forth herein.
Page 14 of 31
P. SUBCONTRACTORS or SUB-CONSULTANTS: Those persons having a direct contract with the DesignBuild Firm relating to performance of the Work.
Q. SUPPLEMENTAL INSTRUCTION: Instructions issued by the CITY’s Project Manager to make minor
changes in the Work not affecting the Total Compensation or the Completion Date, and consistent with the
purpose of the Work.
R.
TOTAL COMPENSATION: The total amount of funds to be paid to Design-Build Firm pursuant to this
Agreement upon satisfactory completion of the Work provided for hereunder.
S. WORK: Includes labor, materials, equipment, transportation, supporting documentation, and all other products,
services, facilities and satisfaction of obligations necessary for the Design-Build Firm’s complete performance
pursuant to the Contract Documents.
GC-2.
CORRELATION AND INTENT OF DOCUMENTS
The body of this Agreement and all attachments and documents incorporated by reference are complementary. What
is called for by one shall be as binding as if called for by all. The intent of the documents is to include all labor and
materials, equipment, transportation, and incidentals necessary for the proper and complete execution of the Work.
The CITY will furnish any additional instructions by means of drawings or otherwise as are necessary for the proper
execution of the Work. Materials or work described in words, which so applied have a well-known technical or trade
meaning, shall be held to refer to such recognized standards.
GC-3.
ACCESS; WORK AREA; GATES
Access. Owner will provide sufficient access to accomplish the Work. Land access to the Work area shall be
restricted to the route designated by Owner. All access routes shall be used for the purpose of the Work only. The
Design-Build Firm shall not disturb lands or waters, except as may be found necessary and authorized by the Owner.
Gates. The Design-Build Firm shall keep all gates to lands or easements to which it is granted access closed and
locked in accordance with property owner’s specifications when not in use.
GC-4.
PERMITS, REGULATIONS, AND LICENSES
All materials used and work performed must conform to the laws of the United States, the State of Florida and
county and municipal ordinances. Design-Build Firm represents and warrants that it is duly licensed to perform the
Work in accordance with the laws of the State of Florida and the county or municipality in which the Work is to be
performed. Design-Build Firm shall give to the proper authorities all required notices relative to the Work in its
charge; obtain and pay for all official permits or any other licenses, including any and all professional licenses
required by the nature of the Work; and furnish any bonds, security, or deposits required to permit performance of
the Work.
Until the Work is accepted by the Owner as substantially complete, the Design-Build Firm shall comply with all
conditions of permits issued by governmental agencies, which are incorporated herein. The Design-Build Firm is
responsible for the resolution of any issues resulting from a finding of noncompliance by any regulatory agencies,
including all costs for delays, litigation, fines, or other costs.
GC-5.
PROJECT SCHEDULING AND WORK PLANNING
Pre-work Conference. Within seven (7) business days of the Effective Date, the Design-Build Firm shall be
responsible for scheduling a pre-work conference with Owner’s Project Manager at a mutually convenient time. The
purpose of this conference shall be to discuss scheduling of the Work and any matters related thereto. The DesignBuild Firm shall provide a Work schedule detailing how the Design-Build Firm will execute the Work for the
Owner’s approval not less than five (5) days prior to the pre-work conference. The Design-Build Firm will allow ten
(10) days from the date of the Owner’s receipt of the work plan for review and approval.
Page 15 of 31
Progress Meetings. Owner may elect to conduct progress meetings with the Design-Build Firm on a frequency to
be determined by the Owner. In such event, the Design-Build Firm shall make available its project manager and
other appropriate personnel to discuss matters pertinent to performance of the Work in progress.
Failure to Meet Schedule. If the progress of the Work falls five percent (5%) or more behind schedule, except as a
result of delays approved by the Owner, the Design-Build Firm shall take all necessary steps to augment the work
effort to get the project back on schedule. Should the progress of the Work fall ten percent (10%) or more behind
schedule, the Owner will formally advise the Design-Build Firm through a “cure” notice that the Owner considers
the Design-Build Firm’s failure a condition that is endangering performance of this Agreement, and that unless said
failure is cured within the time frames specified in said notice, the Owner may terminate this Agreement for default
pursuant to GC-13 — TERMINATION FOR CAUSE.
GC-6.
DESIGN-BUILD FIRM’S QUESTIONS OR ISSUES REGARDING PERFORMANCE OF THE WORK
It is the Owner’s intention to fully assist the Design-Build Firm in the successful performance of the Work and to
respond in a timely manner to any questions or issues that arise. The Design-Build Firm should initially discuss any
questions or issues with the Owner’s Project Manager and communicate such questions or issues to the Owner’s
Project Manager in writing when required by the terms of this Agreement or as otherwise determined by the DesignBuild Firm to be in its best interest. Within a reasonable time after their presentation, Owner shall respond to any
such questions or issues through its Project Manager.
GC-7.
PROTECTION OF THE WORK, EQUIPMENT, AND PROPERTY
The Design-Build Firm shall be responsible for the proper care and protection of all the material delivered and work
performed until completion and final acceptance by the Owner, whether or not the same has been covered by partial
payments made by the Owner. The Design-Build Firm shall continuously maintain adequate protection of the Work
from damage and shall protect public and privately owned property, structures, utilities, landscaping, and work of
any kind against damage or interruptions of service that may result from its activities. The Design-Build Firm shall
be solely responsible for all Owner-owned equipment in its possession. The Design-Build Firm shall repair, replace,
or restore any damage, injury, or loss to any of the above public or private property at its expense and to the
Owner’s satisfaction. Should the Design-Build Firm fail to perform its obligations hereunder, Owner may make
good any damage to public or private property caused by the Design-Build Firm. The cost thereof shall be deducted
from the Design-Build Firm’s final payment application.
Property obstructions, such as sewers, drains, water or gas pipes, conduits, railroads, poles, and walls, posts,
galleries, bridges, manholes, mailboxes, street monuments, etc., shall be carefully protected from damage and shall
not be displaced if avoidable. The Design-Build Firm shall give due notice to any department or public service
corporation controlling such things as manholes, mailboxes, meter boxes, street monuments, etc., prior to adjusting
them to grade and shall be held strictly liable to the CITY if any such existing improvements or utilities are
disturbed, damaged, or covered up during the cause of the work.
If it should become necessary to move any obstructions, the removal thereof shall be at the expense and risk of the
Contractor, who is to obtain the consent of the Owner(s) or others in charge. Before commencing, the Design-Build
Firm shall confer with same as to the best manner of protecting the interest involved. The CITY may elect to retain
ownership of any sewer pipe, brick, stone, or other valuable material(s) encountered and the Contractor, when so
requested, shall carefully remove same and place in a convenient location for removal by the CITY.
The right is reserved by the City or the owner of the adjacent property to lay or to repair in the street -- under the
direction of the Purchasing & Contracting Administrator's representative -- any drain, conduit, main or service
pipe(s), or their accessories, at any time before the completion of the project. The Design-Build Firm shall exercise
such supervision thereof as will protect him against defects in the finished work. In case of the Design-Build Firm's
failure to restore any property damaged by his operations or to make good such damage or injury, the Purchasing &
Contracting Administrator may -- upon forty-eight (48) hours written notice -- proceed to rebuild, repair, or
otherwise restore such property as may be deemed necessary; the cost thereof will be deducted from any monies due
or which will become due the Design-Build Firm under this Contract.
Page 16 of 31
The locations or grades of underground structures, utilities, foundations, etc., as shown on the plans, are taken from
the best available records. The CITY shall not be held accountable for inaccuracies or omissions in the locations or
grades of existing underground structures, utilities, foundations, etc. No claim is to be made by the Design-Build
Firm for damages on account of the proximity to, leaking from, or delay caused by underground structures, utilities,
foundations, etc.
If any underground structure, utility (public or private), foundation, etc., is found to interfere with the location of the
proposed Work, either the position of the underground structure, utility, or foundation or that of the proposed Work,
will be adjusted to provide the necessary clearance, Such necessary adjustment will be made either by the CITY or
the utility involved. Interference shall mean that the underground structure, utility, foundation, etc., is found to be in
the position as shown on the plans to be occupied by the proposed Work. If underground structures, utilities, foundations, etc., encountered during construction do not interfere with the planned position of the proposed Work, no
change or adjustment will be made by the City; neither will the City require a utility to change the alignment or
grade.
GC-8.
MODIFICATION OF
COMPLETION DATE
SPECIFICATIONS
NOT
AFFECTING
TOTAL
COMPENSATION
OR
No verbal agreement or conversation with any officer, agent, or employee of the Owner after execution of this
Agreement shall affect or modify any of its terms. No one is authorized to change any provision of the Contract
Documents without written authorization from the CITY. Nor shall the presence or absence of a CITY inspector
relieve the Design-Build Firm from any requirements of this Agreement.
The CITY’s Project Manager shall have authority to issue Supplemental Instructions. The Design-Build Firm shall
not make changes authorized by the Project Manager without issuance of the Supplemental Instructions (SI) Form
(see Attachment 1). All Supplemental Instructions shall be incorporated into the Agreement. In the event the
Design-Build Firm believes that the Supplemental Instruction will involve extra cost or extend the Completion Date,
then the Design-Build Firm shall so notify the CITY in writing with in ten (10) days. FAILURE OF THE DESIGNBUILD FIRM TO GIVE THE CITY WRITTEN NOTICE AS PROVIDED HEREIN CONSTITUTES A WAIVER
OF ANY CLAIMS FOR EXTRA COST. Following receipt of this notice, if the CITY and the Design-Build Firm
cannot reach agreement, the CITY shall have the option of proceeding in accordance with the provisions of GC-9
CONTRACT AMENDMENTS; CHANGE ORDERS, or pursuant to the provisions of GC-22 — DISPUTE
RESOLUTION.
GC-9.
CONTRACT AMENDMENTS; CHANGE ORDERS
The CITY may make changes to this Agreement by altering, adding to, or deducting from the Work without liability
to the Design-Build Firm, except for the reasonable cost of any additional Work. The CITY shall execute a written
Change Order specifying the change in the Work. All such Work within the capacity of the Design-Build Firm to
perform shall be performed pursuant to the terms hereof. Any associated claim for extension of time will be adjusted
at the time of ordering the change in the Work.
The parties shall negotiate the value of the change in the Work on an equitable basis. The value of any change in the
Work may be determined in one or more of the following ways:
(a)
(b)
By estimate and acceptance in a lump sum,
By unit prices for the Design-Build Firm, as provided in the contract or subsequently agreed upon,
with a not-to-exceed amount agreed upon by the parties
If the parties cannot agree upon the cost of the Change Order, the Design-Build Firm shall proceed with the Work
only as directed in writing by the CITY and shall maintain and present, in such form as the Project Manager may
direct, the correct amount of the Design-Build Firm employees labor hours together with vouchers for other direct
costs to perform the Work. The Project Manager will certify the amount due to the Design-Build Firm. Pending a
final determination of value, payments on account of the Change Order will be made based upon the Project
Manager’s estimate. Final resolution of the amount due to the Design-Build Firm shall be pursuant to GC-22 —
DISPUTE RESOLUTION.
Page 17 of 31
The CITY may determine that the CITY instructions to correct deficient Work, to stop the Work due to deficiencies
in the Work, or any other matters related to performance of the Work, which impose additional costs upon the
Design-Build Firm, do not warrant an increase in the Total Compensation or an extension of the Completion Date. If
the Design-Build Firm disputes this determination, final resolution thereof shall be pursuant to the provisions of
GC-22 — DISPUTE RESOLUTION.
GC-10. FORCE MAJEURE; DELAYS; EXTENSION OF COMPLETION DATE
Force Majeure. The Design-Build Firm shall not be subject to any liability for failure to carry out any of the terms
of this Agreement to the extent that such failure shall be due to a Force Majeure event, as defined herein. The
Design-Build Firm shall not be relieved from liability for failures that are due to a Force Majeure event that could
have been reasonably foreseen and guarded against so as to avoid or reduce the adverse impact of such event.
Design-Build Firm-Induced Delay. The Design-Build Firm shall not be compensated for delays in the Work
caused by Design-Build Firm’s inefficiency, rework made necessary by the Design-Build Firm’s error, failure to
perform the Work as scheduled, or any other corrective or productivity measures made necessary by errors,
omissions, or failures to properly perform the Work.
Adverse Weather Conditions. The times specified herein for performances include delays that can ordinarily be
anticipated due to adverse weather conditions. The CITY is not obligated to grant an extension of time due to
adverse weather conditions unless such conditions rise to the level of Force Majeure and the Work is within the
critical path.
Notice of Delay. Within ten (10) days after the onset of a delay, the Design-Build Firm shall provide Owner written
notice of the delay, which shall include the following: (1) a detailed description of the delay and its probable
duration, (2) the specified portion of the Work affected, and (3) an opinion as to the cause of the delay and liability
(if any) for the delay. Notices provided more than ten (10) days after the inception of the delay shall only be
effective as to additional costs or delay in performance incurred during the ten (10) day period preceding receipt of
such notice by Owner. In the case of continuing cause or delay, only one claim for extension of time is necessary.
FAILURE TO PROVIDE THIS NOTICE SHALL BE A WAIVER OF ANY CLAIM OF DESIGN-BUILD FIRM
FOR EXTENSIONS OF TIME OR ADDITIONAL COMPENSATION AS A RESULT OF SUCH DELAY, AS
PROVIDED HEREIN.
Extension of the Completion Date. If the Design-Build Firm should be delayed at any time in the progress of the
Work due to the negligence of the Owner, the failure of the Design-Build Firm employed by the Owner to complete
its work in a timely manner, changes ordered in the Work, a Force Majeure event, or any other cause which the
Owner, in its sole judgment and discretion, determines to justify the delay, then the Completion Date may be
extended for such time as is necessary to compensate for the delay. All time extensions shall be in the form of a
written amendment and signed by both parties.
Liquidated Damages.
The CITY and the Design-Build Firm recognize that time is of the essence in this
Contract, and as delay in prosecution of the Work may result in public inconvenience, or business interference, it is
understood that the Design-Build Firm must vigorously press towards completion of the Work within the time frame
established by this Contract. Moreover, the cost to the CITY for the administration, engineering, construction,
inspection, and supervision will be increased as the project duration is lengthened.
Should the Design-Build Firm or, in case of default, the surety, fail to complete the Work or any portion or phase
thereof within the contractually stipulated time, or within such extra time as may be allowed as herein above
provided, it is agreed that for each calendar day that any portion of the Work shall remain incomplete, after the time
specified in the Contract, with any extension of time which may be allowed by the CITY for the completion of the
Work provided for in the Contract Documents, the sum per day to be deducted from monies due the Design-Build
Firm, not as a penalty, but as liquidated damages for added expense, shall be calculated by one of the following
methods:
Page 18 of 31
A)
The daily liquidated damages for public projects that will not produce direct revenue shall be calculated by
multiplying one mill (.001) times the total cost of the contract or the cost of any applicable portion or phase of the
contract. The resulting amount shall be rounded off to the nearest dollar and this amount will be deducted daily
from the amount due the Design-Build Firm.
Example:
Portion Contract Amount x 1 Mill = Daily Liquidated Damages
$50,000.00 x .001 = $50.00 per day
B)
A public project which when complete will generate quantifiable amounts of revenue, shall also have the
liquidated damages calculated as above. In addition, the daily loss of revenue shall also be factored into the formula
as an additive to assure that all losses incurred by the CITY shall be properly addressed.
Example: (Portion Contract Amount x 1 Mill) + Calculated Revenue Loss*=Daily Liquidated Damages
($50,000.00 x .001) + $1,200.00 = $1,250.00 per day or
$50.00+ $1,200.00 = $1,250.00 per day
The CITY will base its calculation on direct losses of revenue projected upon completion of the required work.
The Design-Build Firm shall take into account all contingent work which has to be done by other parties, arising
from any cause whatsoever, and shall not plead its want of knowledge of said contingent work as an excuse for
delay in his work, or for the non-performance.
Permitting the Design-Build Firm to continue and finish the Work or any part of it after the expiration of the number
of calendar days allowed for completion or after any extension of time, shall in no way operate as a waiver on the
part of the Owner of its rights under this Contract. In case of default of the Contract and the completion of the Work
by the Owner as hereinafter provided, the Design-Build Firm and his Surety shall be liable for the liquidated
damages under the Contract; but no liquidated damages shall be assessed for any delay in the final completion of the
Work by the Owner due to any unreasonable action, negligence, omission, or delay of the Owner.
If any suit for the collection of, or involving the assessment of liquidated damages, the reasonableness of the
amounts stipulated in the foregoing calculations shall be presumed. The liquidated damages referred to herein are
intended to be and are accumulative, and shall be in addition to every other remedy now or hereafter enforceable by
law, in equity, by statute, or under the Contract.
GC-11. REMEDIES FOR NON-PERFORMANCE
CITY Remedies. The remedies enumerated herein are non-exclusive. In addition to the remedies set forth below,
the CITY may avail itself of any statutory and/or common law remedies not specifically set forth herein. In addition
to the rights set forth in Article V of the Agreement, in the event of a breach of this Agreement, the CITY may
terminate this Agreement for cause in accordance with GC-12 — TERMINATION FOR CAUSE. Alternatively,
the CITY may elect to allow the Design-Build Firm to correct the deficiency in performance or may take such action
as is necessary to correct such deficiency through the CITY action or that of a third party.
Design-Build Firm Correction of Deficiencies. The CITY shall provide the Design-Build Firm with written notice
of a failure of performance hereunder. Such notice shall state the nature of the deficiency and, at the CITY’s sole
judgment and discretion, may afford the Design-Build Firm an opportunity to correct said deficiency, in which event
the notice shall specify the time allowed to cure said deficiency. If the CITY determines to allow the Design-Build
Firm an opportunity to correct the deficiency, Design-Build Firm shall promptly correct all Work rejected by the
CITY. If the Design-Build Firm disputes the fact that a failure of performance has occurred, the Design-Build Firm
shall, nevertheless, perform the corrective action and may submit a request for a Change Order in accordance with
GC-9 — CONTRACT AMENDMENTS; CHANGE ORDERS for any increase in the Total Compensation it
believes it is entitled to receive. Unless expressly so provided by the CITY, the Completion Date shall not be
extended as a result of action necessary to correct deficiencies in performance. Failure of the Design-Build Firm to
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initiate or complete corrective action within the prescribed time period may result in the CITY pursuing alternative
remedies, as provided for herein.
Alternative Remedies to Correct Deficiency. If the CITY determines that it is not in its best interest for the
Design-Build Firm to correct incomplete or incorrect Work caused by the Design-Build Firm’s failure of
performance, the CITY may pursue any of the following remedies, or combination thereof, in whole or in part:
1.
Accept the Work as is and deduct the reasonable value of the deficient Work from the Total Compensation;
2.
Contract with a third party to complete the deficient Work and deduct the cost thereof from the Design-Build
Firm’s Total Compensation.
Technical Assistance. The CITY may elect to provide technical assistance to the Design-Build Firm in order to
complete satisfactory performance of the Work. If the CITY is performing the function that the Design-Build Firm
is required to perform pursuant to this Agreement, the CITY may deduct the cost of providing such technical
assistance from the Total Compensation. Prior to providing any such extraordinary technical assistance, the CITY
shall notify the Design-Build Firm that it considers such assistance to be above and beyond its duties hereunder and
of its intention to deduct the cost of providing such assistance from the Total Compensation. The Design-Build Firm
shall not be entitled to reject technical assistance when the CITY determines that such assistance is necessary for the
successful completion of the Work.
GC-12. TERMINATION FOR CAUSE
The Agreement may be terminated by the CITY for cause in the event of any breach hereof, including, but not
limited to, Design-Build Firm’s:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Failing to carry forward and complete the Work in accordance with the requirements hereof;
Failing to comply with applicable laws, regulations, permits, or ordinances;
Failing to timely commence or continuously and vigorously pursue correction of defective Work;
Making a general assignment for the benefit of its creditors;
Having a receiver appointed because of insolvency;
Filing bankruptcy or having a petition for involuntary bankruptcy filed against it;
Failing to make prompt payments, when properly due, to subcontractors, sub-consultants, vendors, or
others for materials or labor used in the Work; or
(h) Making a material misrepresentation to the CITY regarding the Work or performance thereof.
(i) Failing to comply in a material way with the requirements of this Agreement.
The CITY shall provide the Design-Build Firm with written notice of its intention to terminate this Agreement for
cause, which shall provide the effective date of termination. Such notice shall state the nature of the deficiency and,
at the CITY’s sole judgment and discretion, may afford the Design-Build Firm an opportunity to correct said
deficiency, in which event the notice shall specify the time allowed to cure said deficiency. If the deficiency has not
been corrected within the time allotted, the CITY may take possession of the Work and finish the Work by whatever
method(s) the CITY deems expedient. In such case, the Design-Build Firm shall not be entitled to receive any
further payment for the Work. If the expense of completing the Work exceeds the unpaid balance, the Design-Build
Firm shall pay the difference to the CITY. The expense incurred by theCITY and the damage incurred through the
Design-Build Firm’s default will be certified by the CITY.
GC-13. TERMINATION FOR CONVENIENCE
Notwithstanding any other provision of this Agreement, the CITY may terminate this Agreement or any Work
issued under it, in whole or in part, at any time, with or without cause, upon thirty (30) days written notice to the
Design-Build Firm. Upon receiving notice of termination, the Design-Build Firm shall discontinue the Work on the
date and to the extent specified in the notice and shall place no further orders for materials, equipment, services, or
facilities, except as needed to continue any portion of the Work that was not terminated. The Design-Build Firm
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shall also make every reasonable effort to cancel, upon terms satisfactory to the CITY, all orders or subcontracts
related to the terminated Work.
In the event of such termination, the Design-Build Firm shall be compensated for any Work performed, deemed
satisfactory and accepted by the CITY, under this Agreement prior to the date of termination and for materials that
were ordered prior to receipt of notice of termination that cannot be returned to the vendor. Any such materials shall
become the property of the CITY. The Design-Build Firm waives all claims for compensation in excess of that
which is specifically provided for herein, including, but not limited to, loss of anticipated profits; idle equipment,
labor, and facilities; and claims of subcontractors, sub-consultants, and vendors.
GC-14. THE CITY’S RIGHT TO STOP WORK
Suspension for Convenience. The CITY may direct the Design-Build Firm to stop the Work, in whole or in part,
whenever, in the CITY’s sole judgment and discretion, such stoppage is necessary to ensure the proper completion
of the Work, avoid injury to third persons, or otherwise meet the objectives of the CITY. The CITY shall provide the
Design-Build Firm not less than five (5) days written notice, except in emergency circumstances.
Should the CITY issue a Stop Work Notice for convenience, the Design-Build Firm shall immediately comply with
the instructions of the Stop Work Notice. Should such stoppage cause an increase or decrease in the Design-Build
Firm’s cost, an equitable adjustment will be made in accordance with GC-9 — CONTRACT AMENDMENTS;
CHANGE ORDERS. Stop Work Notice(s) shall continue in full force and effect until rescinded in writing by the
CITY, unless the period of suspension is stated in the written notice.
Suspension for Cause. The CITY may issue a written partial or full Stop Work Notice in the event the DesignBuild Firm fails to comply with, or is negligent in the performance of, any provision of this Agreement. In such
event, the CITY shall not be liable for any costs incurred by the Design-Build Firm. The partial Stop Work Notice
will include instructions as to the specific Work to be stopped. If a full Stop Work Notice is issued, all performance
hereunder shall immediately cease and no further billable costs shall be incurred by the Design-Build Firm. The
CITY may elect to have the Design-Build Firm cease work until corrections are made at no additional cost to the
CITY and with no allowance for extension of time, or it may elect to terminate this Agreement if the Design-Build
Firm fails or refuses to comply with the terms of a Stop Work Notice.
GC-15. DESIGN-BUILD FIRM’S RIGHT TO STOP WORK, CHARGE INTEREST, AND/OR TERMINATE
AGREEMENT
Stop Work. The Design-Build Firm shall not be entitled to stop work or terminate this Agreement except as
expressly provided for herein. The Design-Build Firm may stop work under the following circumstances:
1.
The Work is ordered to be temporarily discontinued by a court or other public authority; or
2.
It is necessary to stop work in order to protect the safety of the Design-Build Firm, its officers, employees, or
third persons who may be endangered by the Work.
In such event, the Design-Build Firm shall provide the CITY not less than seven (7) days prior written notice of its
intention to stop work, except in emergency circumstances when necessary to prevent injury to persons or property.
Termination. The Design-Build Firm may terminate this Agreement under the following circumstances:
1.
The Work is ordered to be discontinued by a court or other public authority, through no act or fault of the
Design-Build Firm, its officers, employees, or subcontractors, for a period of not less than three (3) months;
In such event, the Design-Build Firm shall provide the CITY no less than thirty (30) days prior written notice of its
intention to terminate this Agreement.
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Duty to Perform. In the event of any other dispute or other matter arising from the performance of this Agreement,
the Design-Build Firm shall fully perform the Work in accordance with the CITY’s written instructions and may
claim additional compensation only pursuant to GC-9 — CONTRACT AMENDMENTS – CHANGE ORDERS.
GC-16. USE OF COMPLETED PORTIONS OF THE WORK
The CITY shall have the right to take possession of and use any completed or partially completed portions of the
Work, notwithstanding the fact that the time for completing the entire Work or such portions may not have expired.
Such taking of possession and use will not be deemed an acceptance of any Work not completed in accordance with
this Agreement. If such possession and use increases the cost of or delays the Work, the Design-Build Firm shall be
entitled to extra compensation, or extension of time, as necessary, to offset the effect of such prior possession and
use. Any such claims shall be handled as Change Orders pursuant to GC-9 — CONTRACT AMENDMENTS –
CHANGE ORDERS.
GC-17. DESIGN-BUILD FIRM, SUBCONTRACTORS and SUB-CONSULTANTS INSURANCE REQUIREMENTS
I.
WORKERS COMPENSATION:
Employers Liability:
Bodily Injury by Accident
Bodily Injury by Disease
Bodily Injury by Disease
Statutory Limits
$1,000,000 each accident
$1,000,000 policy limit
$1,000,000 each employee
Design-Build Firm and sub-Design-Build Firm must provide a Waiver of Subrogation endorsement in favor of
the City of Titusville, a municipal corporation of the State of Florida ("City").
II.
COMMERCIAL GENERAL LIABILITY: (Occurrence Form)
General Aggregate (Per Job Site)
$2,000,000
Products/Completed Operations, Aggregate
$2,000,000
Personal & Advertising Injury
$1,000,000
Each Occurrence
$1,000,000
Fire Damage
$ 100,000
Per Project Aggregate Limit shall be applicable to the General Liability Coverage.
III.
COMMERCIAL AUTOMOBILE LIABILITY:
Combined Single Limit (Each Accident)
$1,000,000
All owned, Non-Owned & Hired Vehicles to be insured.
IV.
UMBRELLA LIABILITY:
Each Occurrence
Aggregate – per job site
Self Insured Retention – not in excess of
$2,000,000
$2,000,000
$ 10,000
V.
PROFESSIONAL LIABILITY – The Design-Build Firm and/or Consultant and sub-consultants shall maintain
a professional liability insurance policy in the amount of $1,000,000 during the term of this Contract. Such
coverage shall be maintained for a period of three (3) years following completion and acceptance of any work
performed under this agreement. In the event the Design-Build Firm fails to secure and maintain such coverage,
the Design-Build Firm shall be deemed the insurer of such professional liability insurance and shall be
responsible for all damages suffered by the City, as a result thereof, including attorney’s fees and costs.
VI.
The Design-Build Firm will name the CITY on its Commercial General Liability, Business Automobile Liability
and Umbrella Liability Policies as additional insured. Such policies will be endorsed to provide primary & noncontributory coverage to the Additional Insureds in relation to any and all other liability insurance policies
carried by or for the benefit of the Additional Insureds.
VII.
The CITY shall not be responsible for, nor shall insure, the personal property of the Design-Build Firm and/or its
subcontractors/sub-consultants including, but not limited to, tools and equipment located at the job site which are
not intended to be incorporated into the Work.
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VIII.
The Design-Build Firm shall purchase and maintain such insurance with insurance companies acceptable to the
owner. The companies must maintain a minimum A.M. Best insurance rating of A-IX.
IX.
Prior to starting work or occupying the property, Certificates of Insurance, including a 30-Day Notice of
Cancellation or material change in coverage, must be transmitted to the CITY’s Purchasing and Contracting
Administrator. The certificate holder shall read:
City of Titusville
Attn: Jesus M. Vieiro
555 S. Washington Avenue
Titusville, FL 32796
X.
The Design-Build Firm agrees to the extent it engages any subcontractors and sub-consultants to perform work at
the project, it shall require all subcontractors and sub-consultants to maintain the same insurance as outlined in I
through VIII above.
GC-18. DIVERSITY
The CITY is committed to the opportunity for diversity in the performance of all procurements, and encourages its
prime vendors (Design-Build Firms, contractors and suppliers) to make good faith efforts to ensure that women and
minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation, as the secondand lower-tier participants. The CITY will assist its vendors (Design-Build Firms, contractors and suppliers) by
sharing information on W/MBEs to encourage their participation.
GC-19. SAFETY
The Design-Build Firm shall at all times enforce strict discipline and good order among its employees and shall not
employ any unfit person or anyone not skilled in the work assigned. Neither the Design-Build Firm nor its
subcontractors/sub-consultants and servants shall allow or cause to be allowed any hunting, or any weapons,
animals, alcohol, or drugs, on property or easements accessed to perform the Work, or that of any other person or
entity giving permission to the Design-Build Firm to utilize same for the purposes of this Agreement, including, but
not limited to, construction sites or adjacent property.
The Design-Build Firm shall not permit its employees to park their vehicles or store equipment or materials adjacent
to the traveled way or right-of-way where it may be a hazard to traffic. A clear distance of at least thirty (30) feet
from the edge of the pavement or right-of-way shall be kept free of any obstacles unless otherwise authorized by the
CITY.
In performing the Work, the Design-Build Firm shall provide and maintain sufficient protection for the lives and
health and safety of its employees and other persons who may utilize any Owner or other premises upon which the
Work is to be performed, and to prevent damage to property, materials, and equipment. To this end, the DesignBuild Firm shall comply with all applicable state, federal, and local governmental safety laws, rules, regulations, and
ordinances. The Design-Build Firm shall make certain that only authorized personnel are allowed on the worksite, if
applicable, and shall post notices warning both employees and members of the public of all safety hazards created
by the Design-Build Firm. Warning signs shall be furnished, erected, maintained, moved, and removed as required
by all applicable laws, rules, regulations, and ordinances or by this Agreement, to adequately and safely inform and
direct the traveling public. Signs and markers shall indicate actual conditions.
GC-20. PROTECTION OF LAND AND WATER RESOURCES
The Design-Build Firm shall not discharge or permit the discharge, directly or indirectly, of any fuels, oils,
bitumens, calcium chloride, acids, insecticides, herbicides, wastes, toxic or hazardous substances, or other pollutants
or harmful materials, onto any lands or into any surface or ground waters, including, but not limited to, streams,
lakes, rivers, canals, ditches, or reservoirs. Design-Build Firm shall investigate and comply with all applicable
federal, state, county, and municipal laws concerning toxic wastes, hazardous substances, and pollution of surface
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and ground waters. If any waste, toxic or hazardous substance, or other material that can cause pollution, as defined
in Section 403.031, Fla. Stat., is dumped or spilled in unauthorized areas, the Design-Build Firm shall notify the
CITY thereof within one (1) workday and thereafter shall remove the material and restore the area to its original
condition. If necessary, contaminated ground shall be excavated and disposed of as directed by the CITY and
replaced with suitable fill material, compacted and finished with topsoil, and planted as required to re-establish
vegetation. All cleanup and disposal costs shall be borne by the Design-Build Firm. If any waste, toxic or hazardous
substance, or other material that can cause pollution, as defined in Section 403.031, Florida Statutes, is dumped or
spilled or otherwise discharged on, over or under the property accessed to perform the Work, the Design-Build Firm
shall notify the CITY within one (1) workday.
GC-21. AVOIDANCE OF PUBLIC OR PRIVATE NUISANCE
The Design-Build Firm shall exercise every reasonable precaution and means to avoid the creation or continuance of
any public or private nuisances resulting from the progress of the Work.
GC-22. DISPUTE RESOLUTION
The Design-Build Firm has the duty to seek clarification and resolution of any issue, discrepancy, misunderstanding,
or dispute arising from questions concerning interpretation or acceptable fulfillment of this Agreement by the
parties. Unless otherwise specified, any formal request by the Design-Build Firm for additional compensation,
schedule adjustment, or other dispute resolution shall be submitted by the Design-Build Firm to the CITY’s Project
Manager no later than ten (10) days after the occurrence of the event causing the dispute. The Design-Build Firm
may request non-binding mediation in the formal request. The CITY shall, at its sole discretion, determine whether
the formal request will be addressed through mediation. If the CITY chooses to submit to non-binding mediation,
the parties shall share equally in all associated costs. FAILURE TO PROVIDE SUCH FORMAL REQUEST
SHALL CONSTITUTE A WAIVER OF ANY CLAIM ARISING OUT OF EVENTS OCCURRING MORE
THAN TEN (10) DAYS PRIOR TO THE DATE THE FORMAL REQUEST IS PROVIDED TO THE CITY,
UNLESS EXTENDED BY THE CITY.
No later than twenty (20) days after the receipt of such request, the CITY will inform the Design-Build Firm of its
decision to submit to non-binding mediation, or it will issue a written decision upon the request; provided, however,
that the CITY may extend this period for an additional twenty (20) days in complex matters requiring detailed
investigation. If the CITY chooses to consider the matter in-house, a determination will be provided to the DesignBuild Firm’s authorized representative. At all times, the Design-Build Firm shall proceed with the Work in
accordance with said determination, instruction, or clarification. The determination of the CITY shall be deemed
final and accepted by the Design-Build Firm unless the Design-Build Firm, within ten (10) days after receipt thereof,
files with the CITY, copying the CITY’s Project Manager, a written statement that clearly describes the basis for the
Design-Build Firm’s disagreement with said determination. FAILURE TO SUBMIT A WRITTEN STATEMENT
AS PROVIDED FOR HEREIN SHALL CONSTITUTE A WAIVER OF ANY RIGHT TO FURTHER DISPUTE
THE CITY’S DETERMINATION, INSTRUCTION, OR CLARIFICATION.
No later than ten (10) days after receipt of such written statement, the CITY shall issue its decision as to whether the
prior determination of the CITY remains the same or is modified. The CITY’s decision shall constitute final action
of the CITY and shall thereafter be subject to judicial review.
GC-23 CONTROL OF THE WORK
1
Authority of the City’s Project Manager:
The Project Manager (PM) is the employee of the City of Titusville responsible for the overall coordination,
oversight and management of the Work. Instructions of the PM are to be strictly and promptly followed. The
Design-Build Firm shall designate a complementary representative to receive such instructions in his absence, and
failing to do so, will be held responsible for the execution of any instructions that may be necessary to be given in
his absence.
Page 24 of 31
The PM is to have free access to the site materials and the Work at all time for laying out, measuring, inspecting, or
directing the same; and the Design-Build Firm is to afford him all necessary facilities and assistance for doing so.
All Work conducted or materials furnished are to be subject to the acceptance or the rejection of the PM, who shall
determine the amount, quality, fitness, and the acceptability of the Work and the materials to be paid for, and shall
decide all questions or differences of opinion that may arise with the Design-Build Firm as to the interpretation of
the plans and specifications. In the event of such questions or difference of opinion, the decision of the PM is to be
a condition precedent to the Design-Build Firm's right to receive any money for the Work or materials to which the
questions or difference of opinion relates. Any changes to the scope of work or any deviations from the contract
documents must be approved in writing through the Purchasing & Contracting Administrator in accordance with
GC-9 CONTRACT AMENDMENTS -CHANGE ORDERS.
The PM in conjunction with the Purchasing & Contracting Administrator shall have the authority to suspend the
Work wholly or in part for such period(s) as may be deemed necessary, due to the unsuitable execution of the Work,
or for such time as is necessary due to failure on the part of the Design-Build Firm to carry out orders given or
perform any or all provisions of the Work. The Design-Build Firm shall not suspend the Work and shall not remove
any equipment, tools, lumber, or other materials without the written permission of the Purchasing and Contracting
Administrator.
2
Inspectors:
Inspectors employed by the City shall be authorized to inspect all Work done and material furnished. Such
inspections may extend to all or any part of the Work and to the preparation or manufacture of material to be used.
Inspectors shall be stationed on the Work to report to the PM as to the progress of the Work and manner in which it
is being performed and to report whenever it appears that materials furnished and Work performed by the DesignBuild Firm fail to fulfill requirements of the specifications and contract. Inspectors shall call to the attention of the
Design-Build Firm any such failures or default, but no inspection nor any failure to inspect at any time or place shall
relieve the Design-Build Firm from any obligation to perform all of the Work strictly in accordance with the
requirements of the drawings and specifications. In case of any dispute arising between the Design-Build Firm and
the Inspector as to the materials furnished or manner of performing Work, the Inspector shall have the authority to
reject materials or temporarily suspend the Work until the issue can be decided on by the PM in conjunction with the
Purchasing & Contracting Administrator.
If the Design-Build Firm refuses to suspend operation on verbal order, the Inspector shall issue a written order
giving the reason for shutting down the Work. After placing the order in the hands of the person in charge, the
Inspector shall immediately leave the Work site. Work performed during the absence of the Inspector, after such
notice, will not be accepted or compensable.
Inspectors shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of the plans and
specifications. Inspectors shall in no case act as foremen or perform other duties for the Design-Build Firm, nor
interfere with management of the Work by the latter. Any instructions, which Inspectors may give the Design-Build
Firm shall in no way be construed as releasing the Design-Build Firm from fulfillment of the terms of the Contract
Documents.
The payment of any compensation, whatever may be its character or form, or the giving of any gratuity, or the
granting of any valuable favor, by the Design-Build Firm to any Inspector, directly or indirectly, is strictly prohibited and any such act on the part of the Design-Build Firm will constitute a violation of this Contract.
3
Inspection:
The Design-Build Firm shall furnish the PM with every reasonable facility for ascertaining whether or not the Work
as performed is in accordance with the requirements and intent of the plans, specifications, and contract. If the PM
requests it, the Design-Build Firm shall at any time before final acceptance of the Work, remove or uncover such
portions of the finished Work as may be directed. After examinations, the Design-Build Firm shall restore said
portions of the Work to the standard requirements of and by these specifications. Should the Work thus exposed or
examined prove acceptable, the uncovering or removing and the replacing of the covering or making good of the
Page 25 of 31
parts removed shall be paid for as "extra Work"; but should the Work so exposed or examined prove unacceptable,
the uncovering or removing should be paid at the Design-Build Firm 's expense.
4
Construction Stakes:
It shall be the responsibility of the Design-Build Firm to furnish and install all necessary construction stakes to
establish lines and grades for the proper execution of the Work as shown on the plans or as specified.
5
Plans & Specifications:
The CITY will provide preliminary designs. The Design-Build Firm is responsible to provide the remainder of the
design through to final design and construction plans. When a conflict arises, the standard specifications take
precedence over the plans and the special conditions shall take precedence over the standard specifications. On all
plans, the figured dimensions shall govern in case of discrepancy between the scaled dimensions and figures.
6
Cooperation of the Contractor Required:
The Design-Build Firm shall give the Work the constant attention necessary to facilitate the progress thereof and he
shall cooperate with the PM and with other contractors in every way possible. The Design-Build Firm shall have a
competent superintendent on the Work at all times who is fully authorized as his agent on the Work. Such
superintendent shall be capable of reading and thoroughly understanding the plans and contract documents, and shall
receive and fulfill instructions from the PM, or the authorized representative. The Design-Build Firm and his
superintendent shall provide all reasonable facilities to enable the PM and Inspector to inspect the Workmanship and
materials entering in the Work.
7
Removal of Defective/Unauthorized Work:
All Work that has been rejected and/or condemned shall be remedied, or if necessary, removed and replaced in an
acceptable manner by the Design-Build Firm at his own expense. Work done beyond the lines and grades shown on
the plans -- except as herein provided -- or any Work done without authority will be considered as unauthorized and
will not be measured or paid for by the City. If so ordered by the Owner, such unauthorized Work shall be removed
by the Design-Build Firm at his own expense.
8
Substantial Completion:
When the Work has progressed to a point whereby all contract line items are essentially complete and the Owner can
take beneficial occupancy of the Work such that use can be made of the product, the Purchasing & Contracting
Administrator shall issue a "Certificate of Substantial Completion" showing any outstanding minor items to be
completed (i.e., punch-list), an anticipated date of final completion, and the retainage amount necessary to complete
the Work. The Certificate of Substantial Completion will therefore establish the date when no further liquidated
damages will be assessed, the tentative completion date, the punch-list, and any other conditions necessary to
satisfactorily complete the project.
9
Final Inspection:
When the Design-Build Firm has fully completed all Work provided for under this Contract and the punch-list as
provided for in the Certificate of Substantial Completion, and so notified the Purchasing & Contracting
Administrator in writing, the Project Manager and Purchasing & Contracting Administrator will make a final
inspection of the completed Work. If all Work is completed satisfactorily in accordance with all terms, provisions,
and stipulations of drawing, specifications, and contract, the Purchasing & Contracting Administrator will issue a
Certificate of Completion showing the entire amount of Work performed and compensation earned by the DesignBuild Firm, including approved extra Work and compensation therefore.
10
Certificate of Final Completion
Page 26 of 31
Upon satisfaction of all the requirements of the Construction Contract, the City and Design-Build Firm will execute
a Certificate of Final Completion in form found in these documents. The issuance of final payment for the Work
shall be contingent on the execution of said certificate by the following individuals: Contractor; Design Engineer;
Project Manager; Purchasing & Contracting Administrator; and, City Manager.
11
As-Built Plans:
The Design-Build Firm shall keep an accurate record of the changes, nature, location, and dimensions of all Work,
especially such Work as may subsequently become concealed or inaccessible, and transmit this information,
properly marked on a set of the contract plans, to the Purchasing & Contracting Administrator when the Work is
complete. The City may opt to request these as-built plans in any medium it finds most suitable.
GC-24 CONTRACT EXECUTION AND PROGRESS
1
Execution of Contract:
A) The Design-Build Firm shall begin Work promptly within the time specified in the approved schedule
and time bid and shall so execute the Work such that progress will be made approximately proportional to time
elapsed after the Notice to Proceed. The Design-Build Firm shall provide an adequate force of labor and equipment
to execute the Work at as many different points as may be deemed necessary to insure the completion of the Work
within the time limit for completion, and as set forth in the proposal. (The Design-Build Firm shall notify the
Purchasing & Contracting Administrator at least 48 hours before beginning work, and shall start the Work at the
approved location.)
B) Schedules – In accordance with GC-5, the Design-Build Firm shall deliver to the Purchasing &
Contracting Administrator a construction progress schedule in form satisfactory to the PCA showing the proposed
dates of commencement and completion of each of the various phases of the required work.
2
Nights, Sunday or Holiday Work:
Except upon specific written permission from the Purchasing & Contracting Administrator, the Design-Build Firm
shall not perform any Work on Sundays or on legal state, federal or municipal holidays. No night Work will be
permitted except in case of emergency or as authorized by the Purchasing & Contracting Administrator.
3
Contractor Operations:
A) The Design-Build Firm shall at all times conduct the Work in such a manner and in such sequence as
will insure the least amount of local interference. He shall not open up or begin Work to the prejudice of Work
already started.
B) The Design-Build Firm shall arrange his Work and dispose of his materials so as not to interfere with
the operations of other contractors engaged in adjacent Work and to join his Work to that of others in a proper
manner and in accordance with the intent of the Plans and Specifications, and to perform his Work in the proper
sequence in relation to that of other contractors.
C) The Design-Build Firm shall be held responsible for any damage done by him or his agents to the
Work performed by another contractor.
D) The Design-Build Firm shall conduct his operations and maintain the Work in such condition that
adequate drainage shall be in effect at all times.
E) Control of erosion, sedimentation, water pollution and flooding shall be mandatory, in accordance with
all applicable Federal, State and local laws and regulations and the cost for doing such Work shall be included in the
Design-Build Firm’s Price.
4
Traffic Control:
Page 27 of 31
On the type or class of projects involving construction Work or on public thoroughfares, the following provisions
shall apply.
A) The Design-Build Firm at all times shall conduct the Work in such a manner as to insure the least
obstruction to traffic as practical. Convenience of the general public and of the residents and businesses along and
adjacent to the Work shall be provided for in a manner satisfactory to the Owner.
B) Sidewalks, gutters, drains, fire hydrants, and private drives shall, insofar as practical, be kept in
condition for their intended uses. While the Work is actually going on at the location, as much as half the street
width at such location may be barricaded to exclude traffic entirely, but street traffic shall not be obstructed without
providing alternate access. Fire hydrants on or adjacent to the Work shall be kept accessible to fire apparatus at all
times and no material or obstructions shall be placed within ten (10) feet of any such hydrant.
C) Construction materials stored upon a public street right-of-way shall be placed so as to cause as little
obstruction to the general public as is reasonably possible. All material excavated from any Work under the
Contract in excess of that required for the necessary construction of such Work shall be hauled away and disposed of
as directed by the PM.
D) Streets and/or rights-of-way shall not be closed, except when and where directed by the Project
Manager or as properly permitted by the agency holding jurisdiction. Whenever the street is not closed, the Work
must be conducted with the provision for a safe passageway(s) for pedestrian and vehicular traffic at all times. The
Contractor shall make all necessary arrangements with the proper City officials concerning maintenance of traffic
and selection of detours required.
5
Barricades, Warning Lights and Other Protective Devices:
When permission has been granted to close an existing roadway or right-of-way, the Design-Build Firm shall furnish
and erect signs, barricades, lights, flags, and other protective devices, which shall conform to the requirements, and
be subject to the approval of the Project Manager. From sunset to sunrise, the Design-Build Firm shall furnish and
maintain red lights at such locations as the PM may direct, across and/or along the roadways being closed to traffic.
The Design-Build Firm shall furnish watchmen in sufficient numbers to protect and divert the vehicular and
pedestrian traffic from working areas closed to traffic, or to protect any new work. Failure to comply with this
requirement will result in the City stopping the Work until the Design-Build Firm provides the necessary protection.
No separate payment will be made for such signs, barricades, lights, flags, watchmen and other protective devices as
required. All costs are to be included in the prices bid for the various items scheduled in the proposal pages.
6
Use of Explosives:
When the use of explosives is necessary for the execution of the Work the Design-Build Firm shall observe the
utmost care in its use so as not to endanger life or property; and whenever directed, the number and size of charges
shall be limited. All explosives shall be stored in a secure manner and all such storage places shall be marked
clearly "DANGEROUS EXPLOSIVES" and shall be in the care of a competent watchman at all times. The DesignBuild Firm must familiarize himself with all laws and ordinances pertaining thereto and govern himself and his
employees accordingly.
7
Temporary Suspension of Work:
The Owner shall have the authority to suspend the Work wholly, or in part, for such period(s) as he may deem
necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the satisfactory
execution of the work, or such time as is necessary, due to the failure on the part of the Design-Build Firm to carry
out orders given or perform any or all provisions of the Contract.
Page 28 of 31
If it should become necessary to stop Work for an indefinite period, the Design-Build Firm shall store all materials
in such a manner that they will not become an obstruction nor become damaged in any way. He shall take every
precaution to prevent damage or deterioration of the Work performed; provide suitable drainage by opening ditches,
shoulder drains, etc; and erect temporary structures where necessary.
The Design-Build Firm shall not suspend the Work without written authority from the Owner and shall proceed with
the Work promptly when he has received written notice from the Owner to resume operations.
No allowance of any kind will be made for such suspension of Work -except in equivalent extension of time for
completion of the Contract.
8
Computation of Contract Time for the Completion of Work:
The Design-Build Firm shall perform fully, entirely, and in accordance with the Contract Documents, the Work
contracted for within the specified time stated in the Proposal.
In adjusting the Contract Time for the completion of the work, the length of time expressed in calendar days during
which the execution of Work has been delayed due to any suspension of Work ordered by the Purchasing &
Contracting Administrator or his representative, or omission of the Owner and not by any fault of the Design-Build
Firm, shall be added to the Contract time as set forth in the Proposal -- all of which shall be binding and conclusive
upon both parties to the Contract.
No allowances shall be made for delay or suspension of the Work due to the fault or negligence of the Design-Build
Firm. If the satisfactory execution and completion of the Contract shall require Work or material in greater value
than set forth in the Contract, then the Contract time shall be increased in the same ratio as the additional value bears
to the original value contracted for.
9
Final Cleanup:
The Design-Build Firm shall at all times keep the premises free from accumulation of waste materials or rubbish
caused by his employees or the Work.
Upon final completion of the Work and before acceptance and final payment shall be made, the Design-Build Firm
shall clean and remove from the site, the right-of-way, and adjacent property, all surplus and discarded materials,
rubbish, and temporary structures. The Design-Build Firm shall restore in an acceptable manner all property -- both
public and private -- which has been damaged during the execution of the work. The Design-Build Firm shall leave
the site and vicinity unobstructed in a neat and presentable condition throughout the entire area. The placing of
materials of every character, rubbish, or equipment on the abutting property -- with or without the consent of the
property owner(s) -- shall not constitute satisfactory disposal. If the Work is of such a character as may be done by
block or sections, the Contractor may be required to promptly remove and dispose of accumulated rubbish, debris,
or surplus materials from blocks or sections as completed or partially completed.
No separate payment will be made for final cleaning up and restoration of property, but all costs thereof shall be
included in the prices bid for the various scheduled items of work.
10
Guarantee:
Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire use of the
occupancy of the premises by the Owner shall constitute an acceptance of the Work not done in accordance with the
Contract documents or relieve the Design-Build Firm of the liability in respect to an expressed warrantee or
responsibility for faulty materials or workmanship. The Design-Build Firm shall remedy any defects in the Work
and pay for any damage to other Work resulting therefrom which shall appear within a period of one (1) year from
the date of the final acceptance of the Work -- unless a longer period is specified or negotiated between the Owner
and Design-Build Firm. The Owner will give notice of observed defects with reasonable promptness during said
guarantee period. The City reserves the right to require additional bond or bond guarantees to assure the proper
protection of the work. Extended guarantees or bonding shall be negotiated amongst the parties hereto in response
Page 29 of 31
to extraordinary circumstances.
representative of the City.
11
Final payment will not be made until the Work has been accepted by a
Maintenance Bond
The Design-Build Firm shall post with the City a one-year maintenance bond in form satisfactory to the Purchasing
& Contracting Administrator in an amount of 10% of the total project cost.
12
Termination of Contractor's Responsibility:
This Design-Build Firm will be considered complete when all Work has been completed and a final inspection is
made, the Work accepted by the Owner, and the final estimate paid. The Design-Build Firm will then be released
from further obligations, except as set forth in GC-24 10 Guarantees and as provided by law.
Page 30 of 31
ATTACHMENT 1 — THE CITY’S SUPPLEMENTAL INSTRUCTIONS (sample)
Date: ________________________;
Contract Number: _____________________
Contract name:
To: _______________________________________________________________________
From: ___________________________________________; Project Manager
The Work shall be carried out in accordance with the following Supplemental Instructions, issued in accordance
with the Agreement. The CITY’s Project Manager, by issuance of these instructions, has determined that they
will not result in a change in the Total Compensation or the Completion Date. Prior to proceeding in accordance
with these instructions, please indicate your acceptance hereof as provided below and return to the CITY’s
Project Manager.
1. Design-Build Firm’s supplemental instructions:
2. Description of Work to be changed:
3. Description of supplemental instruction requirements:
Approved:
Date:
Project Manager
DESIGN-BUILD FIRM approval: (choose one of the items below):
Approved:
Date:
(It is agreed that these instructions shall not result in a change in the
Total Compensation or the Completion Date.)
Approved:
Date:
(Design-Build Firm agrees to implement the Supplemental Instructions
as requested, but reserves the right to seek a Change Order in accordance
with the requirements of the Agreement.)
City of Titusville, Florida
Budget Transfer/Amendment Form
Source of
Funds:
Transaction
Code
JEBR
Account
Number
104-5555-580-52-01
Project
Number
Description
Operating Supplies
Amount
$
BA/BT
8,000.00 BA
JEBR
BA
JEBR
BA
JEBR
BA
JEBR
BA
JEBR
BA
JEBR
BA
Total Source of Funds
$
8,000
$
8,000 BA
Use of
Funds:
JEBR
104-5555-554-31-01
Professional Services
JEBR
BA
JEBR
BA
JEBR
BA
JEBR
BA
JEBR
BA
JEBR
BA
Total Use of Funds
$
Input Name_______________________________________________
Budget Office Approval______________________________________
Input Date_________________________________________________
Budget Office Approval Date__________________________________
8,000
Group/BA#________________________________________________
PDFConvert.1365.1.Hist_Pres_Officer_BA
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CITY OF TITUSVILLE COMMUNITY REDEVELOPMENT AGENCY

Transcription

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