The URL can be used to link to this page

11-06-2001Cite C'/smrn~ian Jeffrey M. Perlow, Mayor Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patficia Rogers-Libert AvThventCiW of Eric M. 8oroka Tereaa M. Soroka, CMC . Wei~s Serota Heffman ...... Pastoriza & Guedes AGENDA NOVEMBER 6, 2001- 6 PM (,ouo, 19200 West Coumry Club Drive Aventura, Florida 33180 CALL TO ORDERLROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS -Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affmnation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI- TENANT CENTER SIGN GRAPHICS CRITERIA FOR SIGNAGE AT PROMENADE SHOPS LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 203 STREET AND NE 207 STREET; PROVIDING FOR AN EFFECTIVE DATE. 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: TEEN COUNCIL - Presentation of New Officers CERTIFICATE OF APPRECIATION - Special Master Alfred Nesbitt CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: Octobei' 2, 2001 Commission Meeting October 18, 2001 Workshop Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-10-12-2, BISCAYNE 7 LANDSCAPING IMPROVEMENTS, TO VILA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF $1,363,375.00. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards bid for landscaping and beautification improvements on Biscayne Blvd. for Grade Separation Project. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. (Approves Mayor's appointments to the Economic Development Advisory Board) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. 2 ge He (Approves Mayor's appointments to the Community Servicos Advisory Board) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED STANDARD FORM OF AGREEMENT BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION OF THE COMMUNITY RECREATION CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE I AT $92,666; ESTABLISHING THE PRE- CONSTRUCTION AND CONSTRUCTION MANAGEMENT FEE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Agreement for Phase 1 of Community Recreation Center Project and establishes guaranteed maximum price for Phase 1 and establishes pre-construction and construction management fee) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-009 FOR PROFESSIONAL DESIGN SERVICES FOR THE BISCAYNE LAKE GARDENS AREA DRAINAGE IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Work Authorization for design of drainage improvements at Biscayne Lake Gardens) MOTION AUTHORIZING THE APPROPRIATION OF UP TO $165,378 FOR RADIO SYSTEM UPGRADE, EQUIPMENT FOR COMMUNITY ROOM, LITTLE ACORNS PROGRAMS~ K-9 DOG AND EQUIPMENT, AND MOBILE COMPUTING HARDWARE AND SOFTWARE FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM DATED OCTOBER 25, 2001. (Provides for appropriation of funds from Police Forfeiture Account) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF 3 C.A.P. ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute agreement with C.A.P. Engineering Consultants, Inc. for building, public works and engineering inspection and plan review services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "HARBOUR CENTRE" PLAT, BEING A PLAT OF A PORTION OF LAND IN THE SOUTH Va OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. (Approves plat for Harbour Centre) 7. ORDINANCES - FIRST READING/PUBLIC INPUT: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR FOUR (4) PARCELS LOCATED AT 3000, 3020, 3131 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO CREATE A NEW MULTIFAMILY RESIDENTIAL ZONING DISTRICT ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, PERMITTING THIRTY-FIVE (35) DWELLING UNITS PER ACRE AND ACCOMPANYING SITE DEVELOPMENT STANDARDS; AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO PROVIDE FOR ADDITIONAL AND REVISED SITE DEVELOPMENT STANDARDS IN THE RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING 4 FOR INCLUSION IN THE CODE; EFFECTIVE DATE. PROVIDING FOR AN AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF LAND LOCATED AT 2950 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO (2) PARCELS OF LAND LOCATED AT 3025 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 0. PUBLIC HEARING: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THREE (3) PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS: None. '10. OTHER BUSINESS: 199t~ STREET RAILROAD CROSSING (City Manager) 'l 'l. PUBLIC COMMENTS 'l 2. REPORTS 'l 3. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP NOVEMBER 27~ 2001 9 A.M. 'l~is meeting is open to the pubhc. In accordance with the Americans with Disabihfies Act of 1990, all persons who are disabled and who need special aecommodatioos to participate in this meeting because of that disabitity should contact the Office of the City Clerk, 305-~66-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any mau. er considered at such meeting or hearing will need a record of the proceedings and, for such pu~ose, 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. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305~o6-8901. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, ~y'~nag~r Brenda Kelley, Igomm'~.~velopment Dire~ October 29, 2001 Request of Promenade Shops for Multi-Tenant Center Sign Graphics Criteria Approval Biscayne Boulevard between NE 203 Street and NE 207 Street (01 -MTC-01 ) November 6, 2001 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the Multi-Tenant Center Sign Graphics Criteria entitled "Promenade Shops Multi-Tenant Center Sign Graphics Criteria" and "Promenade Shops Exterior Sign Package" dated October, 2001, prepared by Sign Craft for Gumberg Asset Management, with the conditions as outlined herein that includes the denial of the size of the freestanding signs for Shell Oil and Aventura Tire. THE REQUEST The applicant, Gumberg Asset Management, the authorized representative of The Prudential Insurance Company, is requesting approval of multi-tenant center signage for the Promenade Shops retail plaza fronting on Biscayne Boulevard and bounded by NE 203 Street to the south and NE 207 Street to the north. The sign package includes detached/freestanding signs, wall signs, window signs, directory signs, canopy signs and directional signs. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY LOCATION OF PROPERTY LOT SIZE LEGAL DESCRIPTION ZONING FUTURE LAND USE The Prudential Insurance Company Biscayne Boulevard between NE 203 Street and NE 207 Street (see Exhibit #2 for Location Map and Exhibit #3 for Aerial Map) 27.76 acres Part of Tract A, Plat Book 133, Page 39 recorded in the Public Records of Miami-Dade County, City of Aventura, Florida B2, Community Business District Business and Office DESCRIPTION Section 31-191 (i)(1) provides that: "The owner of a multi-tenant center, or their authorized representative, may choose to comply with the standards for non-residential district signs, or, altematively, apply for approval as a multi-tenant center as described below. The owner of a multi-tenant center shall submit to the City Manager a written statement of the uniform sign graphics criteria for the multi-tenant center (the "criteria'~. The City Manager shall review the criteria, make a recommendation and submit the criteria, along with a recommendation to the City Commission for final approval Once the criteria have been approved, they shall apply to the entire multi-tenant center, as well as to each individual occupant, and shall remain in effect for so long as the multi-tenant center exists, regardless of a change in ownership or management, unless and until the owner obtains approval to amend the criteria from the City Commission. The criteria for each multi-tenant center shall include, but not be limited to, color(s), type of signs, style of letters, size of letters (maximum and minimum) and size of signs. An application to erect any sign for any portion of a multi-tenant center shall include and comply with the criteria established for the multi-tenant center, a sketch of the proposed sign and the written consent of the owner of the multi-tenant center for the proposed sign." 2 Gumberg Asset Management, as manager of the plaza on behalf of The Prudential ~nsurance Company, has submitted the sign criteria package attached as Exhibit #4 to this report. The submission includes a written list of sign criteria entitled "Promenade Shops Multi-Tenant Center Sign Graphics Criteria", a pictorial entitled "Exterior Sign Package" and a "Listing of Existing Tenant Signage". ANALYSIS The Community Development Department supports this request for a multi- tenant center sign approval, with the conditions listed following this analysis. The applicant has been working with staff to prepare the sign criteria package, which was originally submitted on September 24, 2001. After many meetings and discussions, revisions have been made to the original submittal; however, staff is still unable to recommend approval of the size of the freestanding signs requested in the final submittal for Shell Oil and Aventura Tire and Auto Service Center Inc., but does support signs for these two establishments at 20' high and 8' wide. I. DETACHED/FREESTANDING SIGNS There are currently six entrances to the Promenade Shops; two on Biscayne Boulevard, two on NE 203 Street, one on NE 207 Street and one on NE 205 Street. Section 31-191 (g)(1) of the City's Sign Code permits a maximum of two freestanding monument signs with an aggregate area of 72 square feet (for example, one sign at 48 square feet and the second sign at one-half of that size or two signs at 36 square feet each) for this plaza since the parcel has 300 or more feet of parcel frontage and two two-way access points on different public streets. Additional signs are permitted only for separate parcels. Shell Oil and Aventura Tire are not separate pamels according to the definition of "parcel" in the City's Land Development Regulations. The applicant is requesting four monument signs as described below. Section 31-191(i) of the Sign Code, which permits applications by multi-tenant centers, does allow flexibility with the number and size of signs at Commission's discretion. (i) Main Identification Monument Signs The applicant is requesting two main identification signs for the plaza; one at the northerly entrance from Biscayne Boulevard measuring 20' high and 10' wide and one on the easterly entrance from NE 203 Street measuring 8' high and 6' wide as shown on the Location Plan and Drawing Numbers 3597-F2 and 3597-H in the Exterior Sign Package. These signs have been designed with the same peak and grill work as the existing Marshall's Megastore wall sign, with stucco finish and routed out copy. The Biscayne Boulevard sign has been designed to take advantage of the existing foundations for the pole sign that was previously removed in this location, so that the base of the sign is 13'6' but the actual 3 monument sign is 10' wide. The NE 203 Street sign has been designed to comply with the maximum height and area of a monument sign permitted by Code. The applicant had originally requested two main identification signs measuring 25' high and 14' wide. Upon negotiations, the 20' height has been requested to permit visibility from the elevated roadway and existing landscaping on the plaza frontage. The final submission presented with this report is a sign 20' high and 10' wide, on a 13'6" base to allow the sign to be constructed on the existing foundation. (ii) Shell Oil Service Station There is an existing 5' by 7', or 35 square foot, monument sign at the southeast corner of this tenant parcel, which is no longer visible due to the construction of the elevated roadway. This sign is to be removed. The original multi-tenant center sign submittal proposed a new monument sign with a square, fiat-top and a maximum height of 20' and a width of 8'. The second submittal proposed a sign with the peaked top similar to the main identification signs, measuring 20' high and 8' wide. The final design proposes the peaked top design, however, increases the height from 20' to 21'9" as shown on Drawing 3597-B3B-2. The Shell Oil consultant advises that the 20' height was based on a Line of Sight determination by the proprietor's traffic engineer which they have discovered contained an error and the new height is required to elevate the base of the copy area to the bottom of the existing handrail on the entrance into the plaza from Biscayne Boulevard. The actual visible size of the sign from northbound Biscayne Boulevard will be 10.25' high and 8' wide. The applicant has provided a computer simulation and Line of Sight study for the requested sign, attached as Exhibit #5 to this report. Staff does not recommend the requested sign height of 21'9" but does support a sign height of 20'. (iii) Aventura Tire & Auto Service Center Inc. The owner of this establishment made application for sign variance to permit a freestanding sign, which was heard by City Commission in April, 2001. At that time, a 24' by 14' monument-type sign was requested to replace the existing pole sign. The application was tabled pending receipt of this sign package to ensure that the sign for this establishment coordinated with the signs proposed for the rest of the plaza. During discussion of this matter in April, the Commission had requested and the proprietor agreed to a sign measuring 15' in height. The sign proposed in this package is a redesign of the sign previously submitted with the variance request. The new design matches the colors and peaked top of the main identification and Shell Oil signs, however, the requested height is 21'9". The width has been reduced from 14' to 11.5'. This sign is shown on Drawing 4 3597-E of the Exterior Sign Package and on the computer simulation attached as Exhibit #6. Staff does not recommend the requested sign height of 21'9", or the requested width of 11.5', but does support a height of 20' and a width of 8'. I1. TENANT SIGNS Tenant signage proposed by the Sign Criteria includes wall signs, window signs, canopy signs and new corporate identity signs for Shell Oil. (i) Wall Signs The Criteria proposes that the exterior wall signs be limited in size to 1 square foot for each lineal foot of tenant frontage and 1 ½ square feet for each lineal foot for stores 300' or more from the right of way, similar to the City Code. The Criteria also proposes that tenants with two store frontages and through locations be permitted 1 primary sign at 1 square foot for each 1 lineal foot of tenant frontage and 1 secondary sign at 50% of the size of the primary sign. This differs from the City's Sign Code in that corner locations are defined as establishments with two frontages on the intersection of two public streets. The applicant has requested that the interior plaza corner tenants - DryClean USA, Chuck E. Cheese, Olympia Gym, TCBY, Cingular Wireless and Turnbagel - be allowed a sign on each of their two frontages for directional purposes. The applicant is also requesting that all existing signs be approved, notwithstanding non-conformance with the Sign Criteria and Sign Code. Staff recommends approval of the existing signs shown on the applicant's "Listing of Existing Tenant Signage", with the following exceptions: a. The "Subway" wall sign, which is 17.5 square feet oversize at 42.5 square feet where 25' is permitted by Code and Criteria; b. The words "Treats" be removed from the TCBY sign; c. The second sign on Wonderful Walls reading "Wallpaper Verticals etc" be removed; d. The words "Deli" and "Bakery" be removed from the Turnbagel sign on the south elevation; e. The words "Take Home" be removed from the Pizzaz sign; f. The words "The Ultimate Shoe Experience" be removed from the A Step Above sign; g. The word "Pizza" be removed from the Chuck E. Cheese sign; h. The box or cabinet sign be removed from the Fox sign; i. The box or cabinet sign be removed from the Travel sign; j. The third wall sign on the second floor elevation be removed from Olympia Gym; k. The fourth wall sign reading "Fitness Center" be removed from Olympia Gym; I. The sign reading "Aventura Tire & Auto Service Center Inc." on the south elevation be removed if the freestanding sign requested is approved; m. The Burger King directional signage be reduced to 6 square feet to comply with the directional signs proposed in the Sign Criteria; n. Any sign that differs from the name on the Occupational License be removed, including, "Chiropractor", "Dental Office", "Dr. Rodriquez Family Medicine", "Karate", "1 Hr. Photo", "Cellular Phones", unless the applicant can provide the City with a DBA within sixty days of the date of this approval. The Burger King restaurant has an existing menu board which measures 5' high and 8' wide or 40 square feet in area. The City's Code permits a menu board not more than 6' high and 32 square feet in total area. Staff recommends that the existing menu board be permitted as part of this sign package. If existing non-conforming tenant wall signs are not approved as part of this package, Section 31-191(k) of the City's Sign Code permits a channel letter wall sign which is less than two times the size allowed by Code and otherwise conforms to the provisions of the Code, to remain in place until June 3, 2002. If the tenants listed on the "Listing of Existing Tenant Signage" vacate their present space, a new occupant will be required to comply with the City Code, except tenants with two frontages, who will be allowed signage permitted for corner locations. (ii) Window Signs The applicant's Sign Criteria for window signs is similar to the provisions of the City's Sign Code. One set of opaque, white vinyl letters, no larger than 4 square feet, is proposed for each tenant. (iii) Canopy Signs The Sign Criteria proposes one double-faced, non-illuminated sandblasted wood or foam sign with tenant name with consistent color and a size of 1'high by 2.08' wide. The City Code permits a canopy sign measuring a maximum of 4 square feet. (iv) Shell Oil Corporate Identity Signs Representatives of Shell Oil have met with staff to present the new corporate identity signs being installed at all of its stations. The new yellow and red-colored package includes replacement of the grey fascia on the gasoline pump canopy, car wash and food mart, replacement of the shell logo on the canopy with the word "Shell", new lettering on the Food Mart and Car Wash and an illuminated 6 red stripe on the pump canopy. A color copy of a typical installation is included in the "Exterior Sign Package". The City's Sign Code does not permit: 1. The illumination of the red stripe on the pump canopy. 2. The directional signs for the Food Mart and Car Wash are 3.75 square feet each, where 4 square feet are allowed by Code. The applicant has provided a computer simulation of visibility of the Food Mart sign on the west, or Biscayne Boulevard frontage, attached as Exhibit #8. The Car Wash sign will be installed on the south elevation. "Enter" and "Exit" signs are proposed on the east and west elevations of the Car Wash. All signs will be plastic, non-illuminated dimensional letters instead of the typical flat vinyl letters used in other locations. 3. The new "Shell" lettering on the pump canopy, which is proposed at 11.7 square feet on the north and south elevations, or a total of 23.4 square feet. The Code allows one logo at 4 square feet on each elevation of the canopy, or a total area of 16 square feet. III. DIRECTORY SIGNS The applicant is proposing four directory signs attached to the building walls in the locations shown on the Location Plan in the Exterior Sign Package. These signs measure 3'9" high and 3' wide and are designed to guide pedestrians through the plaza. The signs are illuminated with a single fluorescent lamp mounted behind the main identification (site plan) section as shown on Drawing 3597-D of the Exterior Sign Package. The City's Sign Code permits one freestanding or wall directory sign per multi- tenant center with a maximum of 32 square feet. The four wall signs proposed measure 11.5 square feet each, or 45 square feet total. IV. DIRECTIONAL SIGNS The Sign Criteria proposes nine directional signs measuring 3' high and 2' wide, or 6 square feet, to replace the existing 10 square foot signs. The new directional signs are designed to match the proposed main identification sign, the Shell Oil and Aventura Tire freestanding signs, with the same colors, peaked top and Promenade Shops logo. The requested locations of these signs are shown on the Location Plan. V. COMPARISON OF SIGN CRITERIA AND CITY SIGN CODE The following chart compares the signage proposed in the Sign Criteria to the signage permitted by the City's Sign Code. Type of Sign I ProPOSed Size proposed Size & Numbe~ l Sign C~teda Number permitted by COdeI ,AnalysiS Freestanding, Main i.d. sign on2 - one on 2 signs with an 2 signs more Monument Biscayne BIvd Biscayne Blvd, aggregate of 72 than permitted Signs 20' by 10' or one on NE 203 squarefeet byCode 200 square feet Street 672 square Main i.d. sign on feet total sign NE 203 Street area 8' by 6' or 48 requested square feet where 72 square feet Shell Oil sign at1 on Biscayne permitted by 21'9" by 8' or BIvd Code 174 square feet Aventura Tire I on NE 203 sign at 21'9"' x Street 11.5 or 250 square feet Wall Signs 1 square foot for1 per store and 1 square foot for Same as City (size) each 1 lineal 2 for corner and each 1 lineal foot Code foot of tenant, through of tenant frontage frontage locations 1 ¼ square feet 1 ~ square feet forSame as City for stores more stores more than Code than 300' from 300' from right of right of way way 1/store or 2/cornerDefinition of or through location"corner" store differs Wall Signs Not more than 1 per store Length not Length not (length) 80% of store specifically specifically frontage regulated by Code regulated by Code - maximum size only CanopySign 2 square feet 1 perstore 4 square foot max Smaller than maximum 1 per store allowed by Code 8 Type Of Sign Proposed Size PropoSed Size & Numbe! Sign c~teda N~ber Pe~itted bY Code ,Analysis Window Signs 4 square feet 1 per store 4 square feet max Same as City maximum 1 per store Code Directory Sign 11.5 square feet4 wall signs 1 freestanding signNumber and 32 square feet size are larger maximum than allowed by Code Directional 6 square feet 9 4 square feet Size is larger Sign number to be than allowed determined by Code Shell Oil Illuminated red 1 Illumination not Not permitted Corporate stripe on canopy permitted by Code by Code Identity Signs 11.7 square foot1 on north 4 Iogos - one on 2 signs at "Shell" logo on elevation & 1 on each elevation at 411.7' square canopy south elevation square feet each feet total each where 4 at 4 square feet each "Food Mart" & Food Mart at number permitted "Car Wash" 3.75 square feet discretional- each directional signs Car Wash at at 4 square feet each sign 3.75 square feet smaller than permitted by Code CONDITIONS OF APPROVAL The Community Development Department recommends approval of the Multi- Tenant Center Sign Graphics Criteria dated October, 2001 and the Promenade Shops Exterior Sign Package and the Location Plan prepared by Sign Craft on behalf of Gumberg Asset Management for Promenade Shops, with the following conditions and/or amendments: The size of the Shell Oil Station monument sign be reduced to a maximum of 20' height and 8' width. The size of the Aventura Tire and Auto Service Center Inc. monument sign be reduced to a maximum of 20' height and 8' width. 9 The following wall signs be removed or altered: · The "Subway" wall sign, which is 17.5 square feet oversize at 42.5 square feet where 25' is permitted by Code and Criteria; · The words "Treats" be removed from the TCBY sign; · The second sign on Wonderful Walls reading "Wallpaper Verticals etc" be removed; · The words "Deli" and "Bakery" be removed from the Turnbagel sign on the south elevation; · The words "Take Home" be removed from the Pizzaz sign; · The words "The Ultimate Shoe Experience" be removed from the A Step Above sign; · The word "Pizza" be removed from the Chuck E. Cheese sign; · The box or cabinet sign be removed from the Fox sign; · The box or cabinet sign be removed from the Travel sign; · The third wall sign on the second floor elevation be removed from Olympia Gym; · The fourth wall sign reading "Fitness Center" be removed from Olympia Gym; · The sign reading "Aventura Tire & Auto Service Center Inc." on the south elevation be removed if the freestanding sign requested is approved; · The Burger King directional signage be reduced to 6 square feet to comply with the directional signs proposed in the Sign Criteria; · Any sign that differs from the name on the Occupational License be removed, including, "Chiropractor", "Dental Office", "Dr. Rodriquez Family Medicine", "Karate", "1 Hr. Photo", "Cellular Phones", unless the applicant can provide the City with a DBA within sixty days of the date of this approval. All other wall signage existing as of the date of this approval and as identified in the applicant's "Listing of Existing Tenant Signage" be permitted to remain as long as the existing tenant occupies the space. All window signage for existing and new tenants comply with the Sign Criteria. All tenants applying for new signage be required to comply with the Sign Criteria. The new corporate identity signage on the Shell Oil Station indicated in the Exterior Sign Package be approved. 10 That the section entitled "J. Outparcel Signage" be deleted from the written Sign Criteria. The criteria set out will apply to all tenants in the main plaza and/or in separate buildings. This approval be granted exclusively to the existing Promenade Shops in its current configuration. Any redevelopment of the center will invalidate this multi-tenant center sign approval. 11 ASSET MANAGEMENT October 9, 2001 Joanne Can., City Planner City of Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 RE.' Multi-Tenant Center Application Promenade Shops Aventura, Florida Dear Ms. Can': Please accept the following package prepared by Sign Craft as a guideline for the Multi-Tenant Center Sign Proposal. MAIN IDENTIFICATION OF THE CENTER Two (2) main identification pylons were removed with an overall height of 30'. To replace these signs we are proposing two (2) freestanding signs with an overall height of 20'. Both signs will have at least 160 square feet of required landscaping at the base. TRAFFIC D1RECTIONALS Two (2) ground directionals will be removed. We are proposing nine (9) single face non-illuminated ground directionals. The additional signs will aid in traffic flow on the center's property as well as guiding patrons exiting onto Biscayne or Ives Dairy. PEDESTRIAN WALL DIRECTORIES We are proposing four (4) wall directories throughout the center to assist walking patrons. The center is comprised of more than one (1) building and the wall directories will decrease confusion in directing customers. AVENTURA TIRE Aventura Tire will be allowed one (1) freestanding sign with an overall height of 20'. The freestanding sign must be approved by the property owner(s) and must complement the new main identification pylons in design and colors. In the event Aventura Tire & Auto Service Center vacates the property, the owner(s) of the Promenade Shops reserves the right to have the additional freestanding sign used for center identification. All wall signs have been pre-approved before this submittal and should remain as is on the property. Aventura Tire will be responsible for installing the city-required landscaping at the base of the sign. SHELL We are submitting a 20' freestanding price and identification sign for Shell. The representatives for Shell will be submitting a package for all wall signage, canopy refurbishment and the freestanding sign. All signs submitted for this location must be approved by the owner(s) of the Promenade Shops. Shell will be responsible for installing the city-required landscaping at the base of the sign. EXHIBIT 01-MTC-0'i GUMBERG ASSET MANAGEMENT CORP. 3200 NORTH FEDERAL HIGHWAY, FORT LAUDERDALE, FLORIDA 33306-1033 T: 954-537-2700 F: 954-568-5340 ASSET MANAGEMENT City of Aventura October 9, 2001 Page Two OUTPARCELS All other outparcel buildings will follow Aventura Sign Code and must have prior approval by the owner(s) of the Promenade Shops. The additional outparcels included in this submittal package are Burger King, Bank of America and The Red Thai Restaurant. TENANTS All new tenants shall follow the Sign Criteria, Attachment A, submiued in this Multi-Tenant Center Sign Package. All existing tenants have been surveyed and a list of the existing signage is included as Attachment B to this letter. We ask that existing signage be approved, even if it exceeds code. As the City of Aventura has requested, we are including a list of those tenants exceeding code for your review. If you have any questions, please feel free to call me at (954) 537-2700, ext. 501. /md GUMBERG ASSET MANAGEMENT CORP. 3200 NORTH FEDERAL HIGHWAY, FORT LAUDERDALE, FLORIDA 33306-1033 T: 954-537-2700 F: 954-568-5340 David_Sic~ 1 Denise 0=~; 30 01. p.6 Chip ~mrarCa Lut'z LaY, acs ,2D01, OWNER sWORN TO AND ~JO,~D~O 6EFOAE Mr. ~ _ ~ '* __ Al:RANT , ~00'1. My eomra~im ** TOTRL PI:I~.03 *~ OCT ;'9 '01 15:28 FR TO *i3053*r',~,'"k~',~3 ~.k~.~/~,~ Oct. ~'G 01 ll:~'Ga p-7 BUSINESS RELATIONSHIP AFFIDAVIT* 'The fei'ms "BUsirle~. Rela~or~hip,' 'P__..~enf,,' "Cu~d~7~er,' 'Applimnt.' 'Repmsenla~ve' arid 'lntem~d I:~f~c~' are defined In Se~ 2-395 efb~e Aver~ura CE,,/Ode. ** TOTRL PRGE.02 ** APPLICANT REPRESENTATIVE AFFIDAVIT NOTICE: ANY STATEMENT OR REPRrc~ENTA~ION MADE ~ A~ ~N US~ ON ~E ~UC~ ~A~ ~A~ ~k BE BINDING U~H ~E I~ OR E~ ~L~ FOR ~E D~E~ ~[T ~o ~ Oct 26 O! 1~:26a p.? BUSINESS RELATIONSHIP AFFIDAVIT* This Nl',~a~t is made pu~uaof ~o 8ec~on 31-71(bX2)(i~ of the City of Av~tum land De~opm~ Code. The undecsigned Ntiant han~by ~sclosas ~ (me~ ~lh 'x' aplflicat~ ixxtions a~ly) [~ t. Affiant does not have a Ousina~s Relationship ~ any member of the City Commission ix any City/~bisixy I)oard to which the appti~on ~11 be ix~santed. [ ]2. Affiant hereby dsctosa~ that it does have a Businass Relaf~onsNp with a mornber ol the City Commi~ ix a City Advisory Boad to ~Vnich the ai~:~licatJon (List name of Commissioner or Advisor/Board Member) ~na serves on the (List City Co.~nission or City Advisory Board upon which member The nature of the Business Relaliomship is as follows: Membe~ of City Commission ix Board holds an o~mel-.,hip interest in ex -"eS< of 1% ol tolal assels or [] ii. Member of City Commi~on ix Board is a par, net co~hareholder (as to r, hams of a comocation ,,,/nich are not listed on any na~onal or regional stock exchange) of joint venlumr with the/k~fllicant ix RegmsentalJve in any business ve~ture; []iii. The/k~plisant ix Represantat~ve is a Cliant of a member of the City Commissina or Board ix a Client of another professional YKJlkJng from the same office ix for the same employer as the member of the City Commission or Board; []iv. A City Commlssioner or Board member is a Ciient of the Applicant or Regresentafive; [Iv. The Applicant ix Rei~esanlalJve [sa Cust°mer of the rnembor °f the City Ccmmissi°~ ix B°ald (or °f his ix bm- emjflo~-) and transacts more than $10,000.00 of the buslness of the member' of the City Commissica or Board (ix his or hix emplnyix) in a given calendar yeac, []vi. The rnember of the city Commission or Board is a Customer of the APPlicent ix RepmsenlatJve and bancacts mixe than $25,000.00 of the business of the/~plicalt or Represanta~e in a given calendar year. WITNESS My HAND -l-HiS ,~*/'~ D^y OF ~C.i/-~/~.~ ,2001. W1TNESSMYHANDTHIS "~/'~DAYOF ~-..~/. _~-, Oct 26 Ol 11:27a p.9 NOTARIZATION PROVI$10N STATE C~: F L(~;IDA ) COUNTY OF MIAMI43ADE] Bede me. Ihe undersigned ~uthortly, pasoe~U'/appeared ~ ~/J~ ~.~./~.-~E/..Jhe ^r6anl, ~o being fl~t by me duly swam, did swear (x a~f~m tha~ ¥~ ._'~.~ August 25, 2005 P6med Name of FlOU[y AFFIANT .... 2~X)1. ,2001 Nola~/~ State o( Fkxida At Large Pfinled Na~ne of Not,r/ BUSINESS RELATIONSHIP AFFIDAVIT* (List name d C<x~i~one~ o~ Ad, sony Board Member) v/no n~ on ',he sene, s). [ii. Meml3e. o~ CAy Comm~o~ ~- Boa-d is a padner, co-shar~ (as fo ~es of a c°q~on [iff- 7ne ApPlicant °r Relxesenta~ve is a Clienl °f a memb~ d the CltY C°m~issim °r B°a~ ~ a ~ [ } iv. A Ci'~ Commissi<3ne~' ~ Board membe~ is a C~e~t o! the Ai~lica~t or Re~Ve: his o~ ha. employer) and transacts more than $t0,000.00 d Ihe business of Ihe ~r ~ ~ C~ Commissio~ ~x Boad (or his ~- her en~oy~ in a given calendar ~Rar, ~ mom ~ $25,~0.00 d ~ busimss ~( the Applicant or Represe~tat~e in a give~ WITNESS Ig HA~D THIS ~.~' ~OAY OF *~he t~n'~,s '8usine~ Rda~onship,' 'Cient,' 'Cudomer,° 'Applicanf, ' 'Representaffve' and 'interested Person' are defined In Sed~o~ 2-395 of ~ AvenlUra Cay Code. NOTARIZA'T1ON PROVISION STATE OF FLORIOA ) SWORN TO ANO SUSSCRI~)ED belo~e me this~ day ~ ' ' ~ , Uso Loine 'h"~t',,S~!Ot.~ # £C830792 EXPIRES f,~oy 24, 2003 STATE OF FLOR~ ) sWORN TO ANO SU~SCRlt~.CD bef~-e me this .. day ef public State ~' Fk~d~ Al La~ge P~te~ Name STATE OF FLORIDA ) (~LIt~¥ OF ~he Aif~anL v~3 being f~st by me ~Jly swan. ~ s'~-a~ c~ a~6rm thai AFFIANI Notasy Pd~c State d FIo,'~a At t.~ge STATE OF FLOROA ) 8efe,'e ~*. I~e un~"mgned autho~tV, pesona~ appea,'eci _ swORN TO AND 5LI~SCRIBED befme me ~ dayo[ .... I~e Atf~ant, who berg f~t by me duly s~m, (~i s'~m' o~ alarm ti'at AFF~ Nota~ P~UC State et F~a At L~ge BUSINESS RELATIONSHIP AFFIDAVIT' This Aff~tt is made ~ to ~eclion 31-?l~oX2)('d) ol the City of Aver~um Land Dev~opme~ Oo~. The unde~gn~ Affiant dis~<~es ~at: (mark with 'x' ~ice~e ~ onlY) [ }2. Aflf~l~d~,do~l~e~havaaBuane~a~wilhameT~erol~Ci~Cowr~saono(a City Advi~y Bored ~ ~i~h Ihe ~lieatJo~ v. flt be prese~ed, 85 ldlow: ~ n~um oHfie Bu~ Relali<x~fl~o Is as Idlows: Iii. Member of Oily Commi~ of I~ hok~ an ~ Int~m~ In ~cass of 1% o~ tolal assets or [ I ~1 Member of C~ Co31mi~<m o~ I~ard is a pmlnar, co-~lardnolda' (as k) shams of a co.on The Ai~icant (x p. epmsen~a~ve is a C~e~ of a member of the CttY C~, ,~,. o~ Board ~' a ~ City C~nm~on or Boa~ A Ci(y Commi~e~3ner or Board member i~ a Clie~ ol Ihe Appa~(x RePmsenlal~e; The AP~a:a~ or Ra~e~senlaf~e is a Custerner o~ ~e memt~ °l the city c~'~"~ ~si°n °r B°ard (°r °f his or he~ em~loy~ and trm..~cls more ~han $10,000.00 ol ~he business of the men~ of the City Commi~on or Board (or his or her eml~oY~ in a gfl/en calendar ~eafi [ivi The member of the City C~mnission or Board Is 8 Customer of tile ~cant o~ RePresen~ ~ WITNESS MY HAND Thl$ DAYOF .... 2001. WII~NESS MY HAND THIS DAY OF__ W~TNESS MY HAND THIS JD OAYOF REPRESENTA'~IVE: (Usted p~ Busir~ Relationship Affidavit) By:. . ~i~e: ~'/~ ~ ~ - f,' ~t) 'rit~e: (Signature (Pdnt) By. (Signature) By: (Signature Name:. (Pdnt) Name: (Print) Tae: (P~fnt) Title: (Print) By;. (Signature) BT.. (Signature Name:. .(P~nt) Name: (Print) Tdie: (Print) Tit~e:_ (Print) By;. (Signature) By:. Name: (Print) Name: Tdle: (Print) Tit~e: By:. (Signature) By: Name: .(Print) Name: TilJe: .(Print) Titte: By. (Signature) BT. Name: .(Print) Name: Tit~e: (Print) TitJe: (S/gnature (Print) (Print) (Signature (Print) (Print) (Signature _(Print) Note: Use duplicate sheets If disclosure information for Representative varies. N:HANT ~wOr~ 70 ANO SU~CR~D ~'~e ~e ~ ¢ef~f ..... ~tary Put~c Stae u; Flu~a N La~ge COUNTY OF MIAMI he/she executed t~s Aff~ ~ lfle ~fl~'s~ sl~'~l #~ein ~ thai ~ is SWO~H TO kNO $UT3SCR~O baf~4~ nra th~s A~FIANT , ..~1, S~N TO At,~) .%~SCR R~EO bek~ me th~s, ~ay o! Norm,/Pubkc S~a~e el Fb~a .~t La~e Oct 26 O] ~:46a po? BUSINESS RELATIONSHIP AFFIDAVIT* W1TNESS MY HANO THIS DAYOF ...,2001. ~E~MYHANDT~S ~Y~ Name: *The ferms 'Bu.dne~ Re/~onsh/p,' 'C~ent,' 'C~;o,~er,' "App~can~' 'Reprasenta~e' and 'Interested Per~n' are deflred in ~'c~to~ 2-395 o~e A.o.~C/I/Cede. Oc~ ~ O! 11:4Ga p.8 WiTNESSMYHANDTHIS '''~'"f DAYOF (".~'."~'~'" .2001. RFPRESENTATIVE: (Usted off Bugim~ Rela~3nd~ip krada~) ~ By:~S/gnab,~e) By: Name:~f) Name: . (Signaiu~e By:. (,~jna~re) By: (Signak~ Name:. .(P.,i~) ~ (R/,t) Teae. (Pfi~ Title: .(Prin~) BT.. (,Signa~re) By. Name: ~Ptfnt) Name: ~ (R'fnO T~le: _ ~naege Nole: Use dupllr, ate sheets # disdosme J~_~..,,~on lo~ Representative vades, Oct ~ X S~ATE OF FLORIDA COUNTY OF AFl*WANT swo.. ~o A~O SU~SC~O~,~ ,, ~ '~ ~ ~'~ ~?~. CHRISTY CAPUTO-LEWlS Nota~ Public-State of Florida My Commission Explme May 25, 2002 Commission #CC745099 COUNTY OP MU~J,~-OA06) AFFIANT SWORN TO AN0 StJ6~CRii~cD before me this de/of ~1 STA33E C~: FLOR1DA COUNTY 06 MIAMI OAOE) he~he exectded {hi~ Ah~:lav%t fo{ ~ p~t,pq~ses :sts*led Ihe~e~ afld tha$ {4 is hue and ~L $iA]~ QF FLORIDA ) OOUNTY OF MI~-DADE) Before me. h',,,e unde~,~gned authorlty, pe~son, a~'Y ,,e~e~ ~,y f~ollo Stale ,~ Fk~dm Al Lmge AFF)ANT 2QOI, h~laey Pub~ State d FJaddm At Lage BUSINESS RELATIONSHIP AFFIDAVIT* WITNESS ~ HAND THIS. - DAY OF ___ ,20~1. ._ J$igneiure ~'d ~26¥~ ~gB ~uo~nIgS u~q~n eZ~:BO to BZ =o0 ~)~¥ Pub~ yi,~(, ol F~,~,~ a~ ~ ~e~ ~ .'"O~,,~ISSlO N # CC 707420 ........ ~ ~ ~ - ~XM~Es FEB19, 2002 COLJNTY 0(: MIA~,O~Ofl ) Res ........ co~lly Of: I~A~ DAOE) BUSil, I~S$ RELATIONSHIP AFFtDAVE' BUSINESS RELATIONSHIP AFFIDAVI'P WITNESS I~ HANO T~IS .... DAY OF ,. 3ooi. ~I"~E[,S~ ~ I"~D TF~ $ DAY OF pROPERIY OWNER: c'd 9~£~C ~g~ euo)~nlo9 u~qJR ~0~0~ lO G~ qoo WiTNeSS My H~ ~i~[S 2 9~0A¥ OF October ,2001 ~:Re~a~ Me sime~ N~: T~ P- E-.~ Preside~(~O T~:,, ~ ......... (Pm0 b.d GWM£¥~ ~S8 suo~nIos u~qJR e~O:OI I0 8~ ~o0 Oot 29 O1 05:30p Urban 8olu~ions 854 3447~45 p.4 OOLJNiY O~ W ~,,~,*~ ~m ........ PROPER'P( OWNER: . · - · ' ' a~ld 'Mierss/e~/Pecan' ~e deltn~a in WITNESS MY H,a, blD 'fH~$ ~'~ [:)AY OF B~ P~ Name:__ (Phil) Name: T~Ue: .~P.~nO Tire: B~, ,_~i~) ~:~ ~. (~nO ~e:_ ~'~ S~&~ ~G Suo~nTos ueqJ~ e~:GO ID G~ ~F1AI, IT ,kFFL'.~T AFFIANT RELATIONSHIP AFFIDAVIt' DAY OF ,2001, C'd 9¥~L~£ ~S ~uos~nTos ueqdn ell:O[ 10 G2 EXHIBIT 01-MTC-0i LEGEND EXHiBiT #3 01-MTC-01 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI- TENANT CENTER SIGN GRAPHICS CRITERIA FOR SIGNAGE AT PROMENADE SHOPS LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BE'I'~NEEN NE 203 STREET AND NE 207 STREET; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 31-191(i)(1) of the City of Aventura Land Development Regulations permits the owner of a multi-tenant center or its authorized representative to comply with the standards for non-residential district signs or alternatively, apply for approval as a multi-tenant center; and WHEREAS, the applicant, Gumberg Asset Management, authorized representative of The Prudential Insurance Company, through Application No. 01-MTC- 01, is requesting approval of multi-tenant center sign graphics criteria for signage at Promenade Shops located on the east side of Biscayne Boulevard between NE 203 Street and NE 207 Street; and WHEREAS, the City Manager recommends approval of this request subject to conditions; and WHEREAS, the City Commission has held a public hearing; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the Application is granted herein; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-MTC-01 for approval of the Multi-Tenant Center Sign Graphics Criteria entitled "Promenade Shops Multi-Tenant Center Sign Graphics Resolution 2001 Page 2 Criteria" and "Promenade Shops Exterior Sign Package" dated September, 2001 prepared by Sign Craft on behalf of Gumberg Asset Management for signage at Promenade Shops located on the east side of Biscayne Boulevard between NE 203 Street and NE 207 Street, legally described as: A portion of Tract A, according to the plat thereof recorded in Plat Book 133 at Page 39 of the Public Records of Dade Country, Florida, is hereby granted subject to each of the following conditions: 1. The size of the Shell Oil Station monument sign be reduced to a maximum of 20' height and 8' width. 2. The size of the Aventura Tire and Auto Service Center Inc. monument sign be reduced to a maximum of 20' height and 8' width. 3. The following wall signs be removed or altered: · The "Subway" wall sign, which is 17.5 square feet oversize at 42.5 square feet where 25' is permitted by Code and Criteria; · The words "Treats" be removed from the TCBY sign; · The second sign on Wonderful Walls reading "Wallpaper Verticals etd' be removed; · The words "Deli" and "Bakery" be removed from the Turnbagel sign on the south elevation; · The words "Take Home" be removed from the Pizzaz sign; · The words ''The Ultimate Shoe Experience" be removed from the A Step Above sign; · The word "Pizza" be removed from the Chuck E. Cheese sign; · The box or cabinet sign be removed from the Fox sign; · The box or cabinet sign be removed from the Travel sign; · The third wall sign on the second floor elevation be removed from Olympia Gym; Resolution 2001-_ Page 3 · The fourth wall sign reading "Fitness Center" be removed from Olympia Gym; · The sign reading "Aventura Tire & Auto Service Center Inc." on the south elevation be removed if the freestanding sign requested is approved; · The Burger King directional signage be reduced to 6 square feet to comply with the directional signs proposed in the Sign Criteria; · Any sign that differs from the name on the Occupational License be removed, including, "Chiropractor", "Dental Office", "Dr. Rodriquez Family Medicine", "Karate", "1 Hr. Photo", "Cellular Phones", unless the applicant can provide the City with a DBA within sixty days of the date of this approval. 4. All other wall signage existing as of the date of this approval and as identified in the applicant's "Listing of Existing Tenant Signage" be permitted to remain as long as the existing tenant occupies the space. 5. All window signage for existing and new tenants comply with the Sign Criteria. 6. All tenants applying for new signage be required to comply with the Sign Criteria. 7. The new corporate identity signage on the Shell Oil Station indicated in the Exterior Sign Package be approved. 8. That the section entitled "J. Outparcel Signage" be deleted from the written Sign Criteria. The criteria set out will apply to all tenants in the main plaza and/or in separate buildings. 9. This approval be granted exclusively to the existing Promenade Shops in its current configuration. Any redevelopment of the center will invalidate this multi-tenant center sign approval. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Resolution 2.001-_ Page 4 Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 6th day of November, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of November, 2001. CITY CLERK City of Aventura City Commission Meeting Date //' ~- ~ ! Agenda Item No. Date of Verbal Communication: Identity of Person or Entity Making Communi~tion: Subject and Substance of Communi~tion: Respectfully, Commissioner or Board Member receiving communication: Name: Jay R. Beskin Filed this ~ dayof MINUTES CITY COMMISSION MEETING OCTOBER 2, 2001 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:22 p.m. by Vice Mayor Ken Cohen. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Jeffrey M. Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: 3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in these hearings were sworn in by the City Clerk. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF SECTION 2 OF RESOLUTION NO. 2000-52 TO ALLOW FOR THE EXISTING WALL BOX SIGN TO REMAIN ON THE WEST ELEVATION OF SPOTMASTER CLEANERS, LOCATED AT 18000 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Perlow opened the public hearing. The following individual addressed the Commission: Alan Rosenthal, Esq., 2875 NE 191st Street, representing the applicant. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Berger and seconded by Vice Mayor Cohen. The motion failed unanimously. 4. ELECTION OF VICE MAYOR: After motion made by Vice Mayor Cohen, seconded by Commissioner Beskin and unanimously passed, Commissioner Rogers-Libert was appointed Vice Mayor for the next 6-month period. 5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None. 6. SPECIAL PRESENTATIONS: None. 7. CONSENT AGENDA: Commissioner Beskin requested removal of item 7-D and Mayor Perlow requested removal of items 7-C and 7-E. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Berger, seconded by Commissioner Holzberg unanimously passed and the following action was taken: A. Minutes were approved as follows: September 4, 2001 Budget 1st Public Hearing September 4, 2001 Commission Meeting September 13, 2001 Workshop Meeting September 24, 2001 Budget 2n~ Public Hearing September 24, 2001 Commission Meeting B. The following motion was approved: MOTION TO APPROVE THE APPOINTMENT OF ROBERT A. FRIEDMAN, HERBERT L. KLIGER J.D., AND BARBARA BUXTON, ESQ. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS The following items were removed from the Consent Agenda and addressed separately: C. MOTION TO ADOPT THE 2002 LEGISLATIVE PROGRAM AND PRIORITIES DOCUMENT A motion was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Berger to approve the document as presented, with the addition of a priority to endorse coordinated and comprehensive efforts for local and statewide security and anti-terrorism programs, in conjunction with federal government. The motion passed unanimously. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED PLANNING AGREEMENT FOR THE AVENTURA CHARTER ELEMENTARY SCHOOL BE'rWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLS USA AT AVENTURA, L.C., AND CHARTER SCHOOLS USA, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Holzberg. Mr. Soroka reviewed changes to the proposed agreement. A motion to approve the amendments was 2 offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen and unanimously passed. The motion for approval, as amended, passed unanimously and Resolution No. 2001-68 was adopted. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-09-14-2, BUS SHELTERS # 12 AND 13, TO VlLA & SONS LANDSCAPING CORPORATION AT THE BID PRICE OF $139,423.75; AUTHORIZING THE CiTY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Cohen. The motion for approval passed unanimously and Resolution No. 2001-69 was adopted. 7. ORDINANCES- FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THREE (3) PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMrI'TAL TO THE DEPARTMENT OF COMMUNrFY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. Mayor Perlow left the room at this time. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Holzberg. There being no public input, the motion for approval passed unanimously (6-0) by roll call vote. 8. PUBLIC HEARING: ORDINANCES- SECOND READING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING SECTION 31-191(k) "NON- 3 CONFORMING SIGNS"; BY AMENDING SUBSECTION (2) "EXCEPTION TO AMORTIZATION SCHEDULE"; BY AMENDING PARAGRAPH (c) THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION OF MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS FROM THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON-CONFORMING MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH EXEMPTION; PROVIDING FOR SEVERABIMTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. Mayor Perlow returned to the meeting at this time. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Grossman. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No, 2001-14 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 31-21. DEFINITIONS; BY AMENDING ARTICLE VII. USE REGULATIONS SO AS TO PROVIDE FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY AMENDING SECTIONS 31-144(b), 31-144(c), 31-144(d), 31-144(e), 31- 144(f), 31-145(b), and 31-145(c); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Holzberg. Ms. Kelley addressed the Commission and provided a memorandum addressing concerns expressed by the development community. Mayor Perlow opened the public hearing. Clifford Schulman, Esq., 1221 Brickell Avenue, Miami; and George Berlin, Turnberry & Associates addressed the Commission. There being no further speakers, the public hearing was closed. A motion was offered by Commissioner Beskin, seconded by Vice Mayor Rogers- Libert and unanimously passed to amend the ordinance in accordance with alternative 2 recommended by staff. The motion for approval, as amended, passed unanimously by roll call vote and Ordinance No. 2001-15 was enacted. 9. RESOLUTIONS: None. 4 10. OTHER BUSINESS: None. 11.PUBLIC COMMENTS: None. 12. REPORTS: As presented. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:15 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing 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. 5 MINUTES COMMISSION WORKSHOP MEETING OCTOBER 18, 2001 9 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Fiorid;~ 33180 The meeting was called to order at 9:00 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Patricia Rogers-Libert, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. ECONOMIC DEVELOPMENT ADVISORY BOARD INTERVIEWS: The Commission interviewed the following individuals for consideration for appointment to this Board: Al Golden, Arthur Barr, Len Brenner, Paula Berliner, Leo Zern, Robert Lieberman. Ron Rodriguez and David ^rnowitz were out of town. CITY MANAGER SUMMARY: Consensus to appoint Pauia Berliner, Arthur Barr, Len Brenner, and Joni Braunstein. Stuart Werner, Robert Lieberman, and Leo Zern, respectively, to be considered for appointment should there be a vacancy in the future. 2. COMMUNITY SERVICES ADVISORY BOARD INTERVIEWS: The Commission interviewed the following individuals for consideration for appointment to this Board: Deborah Carr, Seymour London, Larry Orenstein, Madeline Zern, Joni Braunstein and Ted Cohen. Melissa Garey was out of town. CITY MANAGER SUMMARY: Consensus to appoint Deborah Carr, Madeline Zern and Ted Cohen. Larry Orenstein and Randi Rapp, respectively, to be considered for appointment should there be a vacancy in the future. STERLING SENIOR CENTER PROGRAM: Aventura resident Ginger Grossman, Carleen Payton, Alliance for Aging and Ethel Warshafsky, Sterling Center, addressed the Commission to discuss a program for senior citizens and proposed it as a sub-Committee of the Community Services Board. CITY MANAGER SUMMARY: To be deferred for discussion by Community Services Advisory Board. CITY MANAGER UPDATE: City Manager discussed Government Center Dedication, Library renovations being considered by Miami-Dade County, charter school visit; Gulfstream Property, Community/Recreation Center update, increased police enforcement at Aventura Mall, holiday sign for Government Center and Founders Day. CITY MANAGER'S SUMMARY: Consensus to have dedication of Government Center combined with Veterans Day ceremony; delay naming of new park in conjunction with memorial proposed for World Trade Center as suggested by Mayor Perlow; proceed with proposal for purchase of Gulfstream property; not to proceed with running track at Community Center; proceed with holiday flag/seasons greetings sign for Government Center. 4. AVENTURA CULTURAL CENTER FOUNDATION: Deferred. ADVOCACY PROGRAM .(Commissioner Berger) Commissioner Berger provided advocacy tips for municipal officials as discussed at Florida League of Cities Conference. CITY MANAGER SUMMARY: No action necessary. 7. DISCOVER AVENTURA (Commissioner Beskin) Commissioner Beskin expressed his concern at a recent article in Discover Aventura magazine regarding Biscayne Lake Gardens and suggested that the City cease doing business with this magazine and that Michael Stern, its Director of Marketing and Sales, not be appointed to an advisory board of the City. CITY MANAGER SUMMARY: Consensus that City Manager discuss concern with Discover Aventura Magazine relative to its Survey in the September/October issue and request that they print an apology to the residents of Biscayne Lake Gardens in the next edition. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 3:30 p.m. Approved by the Commission on Teresa M. Soroka, CMC, City Clerk Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing 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. 2 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA CITY MANAGERS OFFICE MEMORANDUM City Commission Eric M. Soroka, ~4~ ' Antonio F. TomeC, Cap'It~mj~cts Manager October 15, 2001 Bid No, 01-10-12-2, Biscayne 7 Landscape Improvements November 6, 2001 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 01-10-12-2, Biscayne 7 Landscape Improvements to the lowest responsible and responsive bidder, Vila and Son Landscaping Corporation for the pdce of $1,363,375.00. This project is included in the Capital Improvements Program. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on October 12, 2001. The City received one (1) bid for this project. The bid submitted is as follows: Vila & Son Landscaping Corp. $1,363,375.00 As you are aware the bidder has performed other beatification projects for the City. This bid price provides for the construction of landscaping, irrigation and minor electrical improvements on Biscayne Boulevard from NE 199th Street to NE 209t~ Street and on NE 203r~ Street from Biscayne Boulevard to a point approximately 600 FT east in accordance with the design approved by the City Commission. The project is scheduled for completion in June 2002. The budget amount for this project is $1,300,000.00. If you have any questions or need any additional information, please feel free to contact me. Attachments RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-10-12-2, BISCAYNE 7 LANDSCAPING IMPROVEMENTS, TO VlLA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF $1,363,375.00. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 01-10-12-2, Vila & Son Landscaping Corporation; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Vila & Son Landscaping Corporation, has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 01-10-12-2, Biscayne 7 Landscape Improvements, is hereby awarded to Vila & Son Landscaping Corporation in the amount of $1,363,375.00. Resolution No. 2001-__ Page 2 Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the Capital - Beautification Projects Line Item No's. 001-8050-541-6301 Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded and upon being put to a vote, the vote was as follows: by Commissioner Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow Resolution No, 2001-__ Page 3 PASSED AND ADOPTED this 6th day of November, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY BASE BID: ONE MILLION THREE HIINBllEB SIXTY TUREI~ TlinIi.~ANI'I THRF.]~ IUTNTll[IE]) SEVEI~fY FIVE dollars and 7.~ur) cents LUMP SUM (Written Total Base Bid Price - From Schedule Of Value~, Page 00410-6) BIDDER agrees that the work will be complete in full within 18...~0 calendar days from the date stipulated in the Notice to lh'oc~d. Communications concerning this Bid shall be addressed to: BIDDER: gILA. & SON LANDSCAPI3qG COP. P. Address: 20451 SI/ 216 ST Ii/AMI, FL 33170 Telephone (305/ 255-9206 Facsimile Number (3Oq) qOq--fiO/a6 Attention: JOSE M. QUINTI~I~O The terms used in this Bid which are defined in the general Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS DAY OCTOBER 12 , i-9- 2001 00410-3 SCHEDULE OF VALUES FOR LUI~IP SUM CONTRACT BASE BID S.R_ 5/U.S. I BISCAYNE 7 LANDSCAPE IMPROVEMENTS GENERAL REQ~NT References Description Unit Unit Price Section 01327 Field Engineering LS $ 500. O0 01452 Material Testing LS $ 500.00 01500 Temporary Facilities LS $ 500.00 01550 Traffic Control LS $ 28. 400.00 DEMOLITION References Description Unit Unit Price Section 02222 Right of Way Preparation LS $15,000.00 02222 Remove existing Top Soil CY $10. O0 PAVING References Description Unit Unit Price Section 02722 SUabilized Subgrade SY $ 2.00 02725 Limerock Base SY $ 15.00 02784 Brick Paver with Base and Concrete Band SF $ 8.00 00410-4 It~,IGATION Re~rences Description Unit UnitPfice Se~ion 02810 Irrigation Sy~em LS $ 188,750.00 LANDSCAPE References Description Unit Unit Price Section TREES and PALMS 02900 Bauhinia Tomentosa (Yellow Orch/d Tree) EA $ 150.00 02900 Cazsia Surattensis (Glaucous Cassia) EA $ 1~50,00 02900 Cocos Nucifera 'Maypan' (Coconut Palm) EA $ .500.00 02900 Ficus Benjamina (Weeping Fig) EA $ 135.00 02900 Filicium Decipiens (Japanese Fern Tree) EA $ 160.00 02900 Nerium Oleander 'Calypso' (Oleander) EA $ 1 35 · 0O 02900 Phoenix Dactilifem (Medj ool Date Palm) EA $ 6 ~ 650.00 02900 I Phoenix Roebelinii (Pygmy Date Palm) EA $ 192 · 00 02900 Quercus Virginiana (Live Oak) EA $ 1 ~ 200 · 00 02900 Roystonea Elata (Royal Palm) EA $ 1. 700.00 02900 Senna Polyphytla (Desert Cassia) EA $ 127.00 02900 Thrinax Radiata (Florida Thatch Palm) EA $ 200.00 02900 Washingtonia Robusta (Washington Palm) EA $ 655.00 02900 Wodyetia Bifurcata (Foxtail Palm) EA $ ~0.00 SH:R. UBS and GROUNDCOVER 02900 Clusia Cmttifera (Small LeafClusia) EA $ 10.00 02900 Clusia Rosea 'Nana' (Dwarf Pitch Apple) EA $ 10 02900 Conocarpus Ereems 'Sericeus' (Silver EA $ 9.00 Buttonwood) 02900 Crmum Asiaticum (Crinum Lily) EA $ 02900 Euphorbia Milii (Dwarf Crow~ of Thorns) EA $ 9.00 00410-5 Re£erences Description Unit Unit Price Section 02900 Ficus Benjamina (Weeping Fig) EA $ 9 o 00 02900 Ficus Microcarpa 'Green Island' (Green EA $ 10.00 Island Ficus) 02900 Ixora 'Maul Sunset' (Maul Sunset Ixora) EA $ 8.00 02900 Jasminum Volubile (Wax lasmine) EA $ 8.00 02900 Lantana Camara 'New Gold' (Lantana) EA $ 3.00 02900 Philodendron 'Xanadu' (Xanadu EA $ 12. O0 Philodendron) 02900 Pittosporam Tobira 'Variegata' EA $ 9.00 (Variegated Pittosporum) 02900 Plumbago 'Imperial Blue' (Leadwort) EA $ 8.00 02900 Ruellia Brittoniana (Mexican Blueball) EA $ 8.00 02900 Schefflera Arborianla 'Trinette' EA $ Dwarf Schefflera) 8.00 02900 Seasonal Color (To be selected by Owner) EA $ 2 o 00 02900 Zamia fuffuracea (Cardboard Plant) EA $ 45.00 02900 St. Augustine 'Floratam' Sod SF $ 0.40 02900 Landscape Maintenance LS $ 4 ~ 260.00 02900 Weed Barrier Cloth SF $ 0.25 02900 Planting Soil in place CY $ 35.00 SUBTOTAL $ ELECTRICAL References Description Unit Unit Price Section 16050 Service Rack (Meter Can, Disconnect, EA $ 5,000.00 Switch w/fiases, Surge Suppressor, Ground Rods and Concrete Posts) 16050 2#6- 1" LF $ 3.00 16050 2#10, 1#10 God- 1" LF $ 3.00 00410-6 References Description Unit Unit Price Section 16050 Equipment Termination EA $ 1,000.00 16050 FPL Costs EA $ 500.00 SUBTOTAL ALLOWANCES References Description Unit Unit Price Section 01210 Owners Allowance LS $80,000,00 SUBTOTAL TOTAL OF BASE BID $ 1,363,375.00 TOTAL OF BASE BID PLUSALLOWANCE $ 1,443,375.00 00410-7 AGENDA ITEM 6-C RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-151 of the Aventura City Code provides for the creation of the Economic Development Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Economic Development Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Economic Development Advisory Board for a term of one year: Elaine Adler Sam Blasi Harry Gampel William Koppel Russell Rice Don Softer Dr. Barry Silverman Section 2. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Economic Development Advisory Board for a term of two years: Arthur Barr Paula Berliner Resolution No. 2001-__ Page 2 Joni Braunstein Len Brenner Davide Carbone Ray Leightman Section3. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 6th day of November, 2001. its ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms AGENDA ITEM 6-D RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of the Community Services Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Community Services Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Community Services Advisory Board for a term of one year: Robert Diamond Patricia Crook Frank Ginger Grossman Julie Israel Shirlee Levin Marian Nesbitt Michael Stern Section 2. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Community Services Advisory Board for a term of two years: Deborah Carr Ted Cohen Resolution No. 2001 Page 2 Manuel Grife Phillip Sturtz Stephanie Trump Madeline Zern Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 6th day of November, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms CITY OF AVENTURA OFFICE OF THE CITY MANAGER MFMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City~r~ October 29, 2001 Resolution Authorizing Execution of Agreement for Construction Management Services and the Establishing Guaranteed Maximum Price For Phase I with James A. Cummings, Inc. - Community Recreation Center Project November 6, 2001 City Commission Meeting Item ~ F-- RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which authorizes the execution of the Agreement for Construction Management Services (CMS) with a Guaranteed Maximum Price (GMP) for Phase I relative to the Community Recreation Center project with James A. Cummings, Inc. Phase I includes only site clearing of the land. The GMP for Phase I has been established at $92,666 including a Construction Management Fee of $3,778 and a $4,565 contingency amount. The Agreement also establishes the construction management fee percentage based on the GMP for the total project and compensation for the pre-construction phase. BACKGROUND As previously authorized, the City Administration has been negotiating the CMS fee and GMP with James A. Cummings, Inc. for the Community Recreation Center project. Our goal has been to obtain the lowest possible cost while at the same time protect the integrity of the building design approved by the City Commission. We have spent a great deal of time reviewing the project in detail with the contractor and architect to accomplish this goal. The establishment of the GMP for the total project should be finalized in January. In order to expedite the project and the extensive permitting requirements it would be prudent to begin site clearing activities at this time. Therefore we have prepared the standard AIA Construction Manager Agreement with the site clearing activities as Phase I. Phase II would include the remainder of the project and be presented to the Commission in January. Phase I activities will be completed in two months from the date of issuance of the notice to proceed. The construction management fee percentage based on the GMP is 4.25% and compensation for the pre-construction phase is $30,000. Based on an estimated budget of $5,000,000, the total fee would be $242,500. The fee is very competitive when compared with similar projects in other jurisdictions. In the event the project is completed at a cost less the established GMP, the City would receive the first $100,000 in savings and for any amount above that figure it would be split City - 75% and Construction Manager -25%. The City Attorney, Architect and staff have reviewed the Agreement. Should you have any questions, please feel free to contact me. EMS CC01020--01 Page 2 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED STANDARD FORM OF AGREEMENT BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION OF THE COMMUNITY RECREATION CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE I AT $92,666; ESTABLISHING THE PRE-CONSTRUCTION AND CONSTRUCTION MANAGEMENT FEE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to Construction Management with Guaranteed Maximum Price; and WHEREAS, the City Commission adopted Resolution No. 2001-47 which selected the firm of James A. Cummings, Inc. to perform Construction Management Services with a Guaranteed Maximum Price relating to the Community Recreation Center Project; and WHEREAS, the City Manager has negotiated an Agreement for Construction Management Services and the establishment of the Guaranteed Maximum Price for Phase I; and WHEREAS, the City Commission, upon review, wishes to authorize the City Manager to execute an Agreement for Construction Management Services and establish the Guaranteed Maximum Price for Phase I with James A. Cummings, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby authorizes the City Manager to execute the attached Standard Form of Agreement between Owner (City of Aventura) and Construction Manager (James A. Cummings, inc.) for the construction of the Community Recreation Center Project, which establishes the pre-construction and construction management fee. Section 2. The Guaranteed Maximum Price for Phase 1 as outlined in the attached document, for site clearing of the Community Recreation Center Project has been established at $92,666. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Resolution No. 2001-__ Page 2 Section4. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 6th day of November, 2001. its ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AIA Document A]2]/CMc and A GC Document 565 Standard Form of Agreement Between Owner and Construction Manager where the Construcl]bn Manageris also THE CONSTRUCTOR 1991 Edition- Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES: CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is referred to herein. This Agreement requires modification if other general conditions are utilized. Portions of this document are derived from AIA Document Al11, Standard Form of Agreement Between the Owner and Contractor where the Basis of Payment is the Cost of the Work Plus a Fee, copyright 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, © 1987 by The American institute of Architects; other portions are derived from AGC Document 500. Copyright 1980 by The Associated General Contractors of American. Material in this document differing from that found in AIA Document Alll and AGC Document 500 is copyrighted 1991 by The American institute of Architects and The Associated General Contractors of America. Reproduction of the material herein or substantiaJ quotation of its provisions without written permission of AIA and AGC vioiates the copyriiRht laws of the United States and will subiect the violator to legal prosecution AGREEMENT made as of the 6t__b_hday of November in the year of 2001 (In words, lhd]~ate d~); month an(year) BETWEEN the Owner: (Name and address) City of Aventura 19200 West Country Club Drive Aventura. Florida 35180 and the Construction Manager: (Name and address) James A. Cummings, Inc. 3575 NW 53rd Street Fort Lauderdale, Florida 33309 The Project is: (Name, address and brief descn~obn) City of Aventura Community/Recreation Center Aventura. Florida The Architect is: (Name and address) Bermello Aiamil and Partners, Inc. 2601 South Bavshore Drive Miami. Florida 33133 The Owner and Construction Manager agree as set forth below. Table of Contents ARTICLE 1 GENERAL PROVISIONS ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA12I/CMC AND AGC DOCUMENT 569 - OWNER-CONSTRUCTION MANAGER AGREEMENT- 1991 EDITION - AIA® - AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/200~ A~A ~ i~ense Number 1011670, which expires on 10/3112002. l.~ RelationshipofParties 1.2 General Conditions ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES 2a Preconstruction Phase 2.2 Guaranteed Maximum Price Proposal and Contract Time 2.3 Construction Phase 2.4 Professional Services 2.5 Unsafe Materials - ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services 3.2 Owner's Designated Representative 3.3 Architect 3.4 Legal Requirements ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRE- CONSTRUCTION PHASE SERVICES 4.! Compensation 4.2 Payments ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 5.1 Compensation 5.2 Guaranteed Maximum Price 5.3 Changes in the Work 6a Costs To Be Reimbursed 6.2 Costs Not To Be Reimbursed 6.3 Discounts, Rebates and Refunds 6,4 Accounting Records ARTICLE 7 CONSTRUCTION PHASE 7.~ Progress Payments 7.a Final Payment ARTICLE 8 INSURANCE AND BONDS 8a Insurance Required of the Construction Manager 8.2 Insurance Required of the Owner 8.3 Performance Bond and Payment Bond ARTICLE 9 9.1 9.2 MISCELLANEOUS PROVISIONS Dispute Resolution for the Preconstmction Phase Dispute Resolution for the Construction Phase 9-3 Other Provisions ARTICLE 10 TERMINATION OR SUSPENSION 1Da Termination Prior to Establishing Guaranteed Maximum Price lo.2 Termination Subsequent to Establishing Guaranteed Maximum Price m.3 Suspension ARTICLE 11 OTHER CONDITIONS AND SERVICES Attachments: AMENDMENT NO. 1 to Agreement Between Owner and Construction Manager Standard Form of Agreement Between Owner and Construction Manager Where the Construction Manager is also the Constructor ARTICLE 1 GENERAL PROVISIONS 1.1 RELATIONSHIP OF PARTIES The Construction Manager accepts the relationship of trust and confidence established with the Owner by this Agreement, and covenants with the Owner to furnish the-ConstmGt&m-- - Manager's reasonable skill and judgment and to cooperate with the Architect in furthering the interests of the Owner. The Construction Manager shall furnish construction administration and management ser, qces and use the Construction Manager's best efforts to perform the Project in an expeditious and economical manner consistent with the interests of the Owner. The Owner shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager and other persons or entities employed by the Owner for the Project. 1.2 GENERAL CONDITIONS © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reprs;idj, t~~ n accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- lO/26/20Ol.~l~A/Lice~se Number 1011670, which expires on 10/31/2002. ,~\/ / Electronic For~991~ For the Construction Phase, the General Conditions of the Contract shall be the x987 Edition of AIA Document A201, General Conditions of the Contract for Construction, which is incorporated herein by reference. For the Preconstruction Phase, or in the event that the Preconstruction and Construction Phases proceed concurrently, AIA Document A2ol shall apply to the Preconstruction Phase only as specifically provided in this Agreement. The term "Contractor" as used in AIA Document A2m shall mean the Construction Manager. ARTICLE 2 CONSTRUCTION MANAGER'S RESPONSIBILITIES indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price proposal, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long-lead time procurement, Owner's occupancy requirements showing portions of the Project having occupancy priority, and proposed date of Substantial Completion. If preliminary Project schedule updates indicate that previously approved schedules may not be met, the Construction Manager shall make appropriate recommendations to the Owner and Architect. 2.1.4 PHASED CONSTRUCTION The Construction Manager shall perform the services described in this Article. The services to be provided under Paragraphs 2.1 and 2.2 constitute the Preconstruction Phase services. If the Owner and Construction Manager agree, after consultation with the Architect, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both phases shall proceed concurrently. 2.1 PRECONSTRUCTION PHASE The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications to facilitate phased construction of the Work, if such phased construction is appropriate for the Project, taking into consideration such factors as economies, time of performance, availability of labor and materials, and provisions for temporary facilities, 2.1.5 PRELIMINARY COST ESTIMATES 2.1.1 PRELIMINARY EVALUATION The Construction Manager shall provide a preliminary evaluation of the Owner's program and Project budget requirements, each in terms of the other. 2.1.2 CONSULTATION The Construction Manager with the Architect shall jointly schedule and attend regular meetings with the Owner and Architect. The Construction Manager shall consult with the Owner and Architect regarding site use and improvements, and the selection of materials, building systems and equipment. The Construction Manager shall provide recommendations on construction feasibility; actions designed to minimize adverse effects of labor or material shortages; time requirements for procurement, installation and construction completion; and factors related to construction cost including estimates of alternative designs or materials, preliminary budgets and possible economies. 2.1.3 PRELIMINARY PROJECT SCHEDULE When Project requirements described in Subparagraph 3a.1 have been sufficiently identified, the Construction Manager shall prepare, and periodically update, a preliminary Project schedule for the Architect's review and the Owner's approval. The Construction Manager shall obtain the Architect's approval of the portion of the preliminary Project schedule relating to the performance of the Architect's services. The Construction Manager shall coordinate and integrate the preliminary Project schedule with the services and activities of the Owner, Architect and Construction Manager. As design proceeds, the preliminary Project schedule shall be updated to 2.1.5.1 When the Owner has sufficiently identified the Proiect requirements and the Architect has prepared other basic design criteria, the Construction Manager shall prepare, for the review of the Architect and approval of the Owner, a preliminary cost estimate utilizing area, volume or similar conceptual estimating techniques. 2.].5.2 When Schematic Design Documents have been prepared by the Architect and approved by the Owner, the Construction Manager shall prepare for the review of the Architect and approval of the Owner, a more detailed estimate with supporting data. During the preparation of the Design Development Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Construction Manager. 2.1.5.3 When Design Development Documents have been prepared by the Architect and approved by the Owner, the Construction Manager shall prepare a detailed estimate with supporting data for review by the Architect and approval by the Owner. During the preparation of the Construction Documents, the Construction Manager shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Construction Manager. 2.1.5.4 If any estimate submitted to the Owner exceeds previously approved estimates or the Owner's budget, the Construction Manager shall make appropriate recommendations to the Owner and Architect. 2.1.6 SUBCONTRACTORS AND SUPPLIERS The Construction Manager shall seek to develop subcontractor interest in the Project and shall furnish to the Owner and © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 56S - OWNER-CONSIRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERA[. CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGION, D.C., 20006-5209. WARNING: Unlicensed pho ocopy ng v o ares ,~ copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be repro!;~ accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/2OO1. AJ~ Lic Number 1011670, which expires on IO/31/2OO2. j( ~./ EJectronic Format A~I/C[~/t- 3 Architect for their information a list of possible su&:ontractors, including suppliers who are to furnish materials or equipment fabricated to a special design, from whom proposals '411 be requested for each principal portion of the Work. The Architect '~411 promptly reply in writing to the Construction Manager if the Architect or Owner know of any obiection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject any proposed subcontractor or supplier. 2.1.7 LONG-LEAD TIME ITEMS The Construction Manager shall recommend to the Owner and Architect a schedule for procurement of long-lead time items which will constitute part of the Work as required to meet the Project schedule. If such long-lead time items are procured by the Owner, they shall be procured on terms and conditions acceptable to the Construction Manager. U. pon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal, all contracts for such items shall be assigned by the Owner to the Construction Manager, who shall accept responsibility for such items as if procured by the Construction Manager. The Construction Manager shall expedite the delivery of long-lead time items. 2.1.8 EXTENT OF RESPONSIBILITY The Construction Manager does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The recommendations and advice of the Construction Manager concerning design alternatives shall be subject to the review and approval of the Owner and the Owner's professional consultants. It is not the Construction Manager's responsibility to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. However, if the Construction Manager recognizes that portions of the Drawings and Specifications are at variance therewith, the Construction Manager shall promptly noti6' the Architect and Owner in writing. 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION 2.2.2 As the Drawings and Specifications may not be finished at the time the Guaranteed Maximum Price proposal is prepared, the Construction Manager shall provide in the Guaranteed Maximum Price for further development of the Drawings and Specifications by the Architect that is consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. 2.2.3 The estimated Cost of the Work shall include the Construction Manager's contingency, a sum established by the Construction Manager for the Construction Manager's exclusive use to cover costs arising under Subparagraph 2.2.2 and other costs which are properly reimbursable as Cost of the Work but not the basis for a Change Order. 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include: .1 A list of the Drawings and Specifications, including all addenda thereto and the Conditions of the Contract, which were used in preparation of the Guaranteed Maximum Price proposal .2 A list of allowances and a statement of their basis. .3 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal to supplement the information contained in the Drawings and Specifications. .4 The proposed Guaranteed Maximum Price, including a statement of the estimated cost organized by trade categories, allowances, contingency, and other items and the fee that comprise the Guaranteed Maximum Price. The Construction Manager shall comply with applicable laws, regulations and special requirements of the Contract Documents regarding equal employment opportunity and affirmative action programs. 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME 2.2.l When the Drawings and Specifications are sufficiently complete, the Construction Manager shall propose a ..... Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work and the Construction Manager's Fee. .5 The Date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based, and a schedule of the Construction Documents issuance dates upon which the date of Substantial Completion is based. 2.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal and the written statement of its basis. In the event that the Owner or Architect discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIAI21/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 204306-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject i'o lesal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/2OO1. AIA Licen Number lOl1670, which expires on 10/31/2OO2. ~..~a~ Electronic Format Al2 basis or both. 2.2.6 Unless the Owner accepts the Guaranteed Maximum Price proposal in writing on or before the date specified in the proposal for such acceptance and so notifies the Construction Manager, the Guaranteed Maximum Price proposal shall not be effective without written acceptance by the Construction Manager. 2.2.7 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, the Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner may specifically authorize in writing. 2.2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price and its basis shall be set forth in Amendment No.t. The Guaranteed Maximum Price shall be subject to additions and deductions by a change in the Work as provided in the Contract Documents and the date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. 2.2.9 The Owner shall authorize and cause the Architect to revise the Dra~vings and Specifications to the ex'tent necessary to reflect the agreed-upon assumptions and clarifications contained in Amendment No. ~. Such revised Drawings and Specifications shall be furnished to the Construction Manager in accordance with schedules agreed to by the Owner, Architect and Construction Manager. The Construction Manager shall promptly noti$, the Architect and Owner if such revised Drawings and Specifications are inconsistent with the agreed- upon assumptions and clarifications. 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work only those taxes which are enacted at the time the Guaranteed Maximum Price is established. 2.3 CONSTRUCTION PHASE 2.3.1 GENERAL 2.3.1.1 The Construction Phase shall commence on the earlier of: (l) the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal and issuance of a Notice to Proceed, or (2) the Owner's first authorization to the Construction Manager to: (a) award a subcontract, or (b) undertake construction Work with the Construction Manager's own forces, or (c) issue a purchase order for materials or equipment required for the Work. 2.3.2 ADMINISTRATION 2.3.2.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or by other appropriate agreements with the Construction Manager. The Construction Manager shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated to a special design for the Work from the list previously reviewed and, after analyzing such bids, shall deliver such bids to the Owner and Architect. The Owner shall then determine, with the advice of the Construction Manager and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific persons or entities from whom the Construction Manager shall obtain bids; however, if the Guaranteed Maximum Price has been established, the Owner may not prohibit the Construction Manager from obtaining bids from other qualified bidders. The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. 2.3.2.2 If the Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Construction Manager to the Owner and Architect (~) is recommended to the Owner by the Construction Manager; (2) is qualified to perform that portion of the Work; (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted, then the Construction Manager may require that a change in the Work be issued to adjust the Contract Time and the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. 2.3.2.3 Subcontracts and agreements with suppliers furnishing materials or equipment fabricated to a special design shall conform to the payment provisions of Subparagraphs 7.~.8 and 7.1.9 and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. 2.3.2.4 The Construction Manager shall schedule and conduct meetings at which the Owner, Architect, Construction Manager and appropriate Subcontractors can discuss the status of the Work. The Construction Manager shall prepare and promptly distribute meeting minutes. 2.3.2.5 Promptly after the Owner's acceptance of the Guaranteed Maximum Price proposal, the Construction Manager shall prepare a schedule in accordance with Paragraph 3.m of AIA Document A2m, including the Owner's occupancy requirements. 2.3.2_.6.__ The Construction Manager shall pro¼de monthly written reports to the Owner and Architect on the progress of the entire Work. The Construction Manager shall maintain a daily log containing a record of weather, Subcontractors © 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC- © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OE AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subiect to legal prosecution. This document was electronica y produced with permission of the AIA and can be reproduced in NumberaCC°rdance1011670,with yOUrwhichllcenseexpireswithOUton 10/31/2002.vi°lafi°n until the dare of expiration as noted below. User Document: contract.aia -- 10/26/2001. AIA'~ Electronic Formal A121/C~ working on the site, number of workers, Work accomplished, problems encountered and other similar relevant data as the Owner may reasonably require. The log shall be available to the Owner and Architect. 2.3.2.7 The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect at regular intervals. 2.4 PROFESSIONAL SERVICES The Construction Manager shall not be required to provide professional services which constitute the practice of architecture or engineering, unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Construction Manager has specifically agreed in writing to provide such services. In such event, the Construction Manager shall cause such services to be performed by appropriately licensed professionals. 2.5 UNSAFE MATERIALS In addition to the provisions of Paragraph lo.t in AIA Document A2Ol, if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the Construction Manager, the Construction Manager shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. The Owner, Construction Manager and Architect shall then proceed in the same manner described in Subparagraph ~oa.2 of AIA Document A2ot. The Owner shall be responsible for obtaining the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Construction Manager and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. U. nless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Construction Manager and Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and Architect have no reasonable objection. ARTICLE 3 OWNER'S RESPONSIBILITIES 3.1 INFORMATION AND SERVICES 3.1.1 The Owner shall provide full information in a timely manner regarding the requirements of the Project, including a program which sets forth the Owner's objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements. 3.1.2 The Owner, upon written request from the Construction Manager, shall furnish evidence of Project financing prior to the start of the Construction Phase and from time to time thereafter as the Construction Manager may request. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. 3.1.3 The Owner shall establish and update an overall budget for the Project, based on consultation with the Construction Manager and Architect, which shall include contingencies for changes in the Work and other costs which are the responsibility of the Owner. 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS In the Preconstruction Phase, the Owner shall furnish the following with reasonable promptness and at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy of any such information, reports, surveys, drawings and tests described in Clauses 3.1.4.1 through 3.1.4.4, except to the extent that the Construction Manager knows of any inaccuracy: 3.1.4.1 Reports, surveys, drawings and tests concerning the conditions of the site which are required by law. 3.1.4.2 Surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessau data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey shall be referenced to a project benchmark. 3.1.4.3 The services of geotechnical engineers when such services are requested by the Construction Manager. Such services ma)' include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessan., operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. © 1991 - THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA12]/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - ]991 EDITION - AIA® - AGC - © ]99] - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document; contract.aia - 10/26/2OO]. AIA License Number tO1~670, which expires on 10/31/2OO2. Electronic For m a.~'lc - 1991 3.1.4.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports which are required by law. 3.1.4.5 The services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Construction Manager. 3.2 OWNER'S DESIGNATED REPRESENTATIVE The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. This representative shall have the authority to make decisions on behalf of the Owner concerning estimates and schedules, construction budgets, and changes in the Work, and shall render such decisions promptly and fiamish information expeditiously, so as to avoid unreasonable delay in the services or Work of the Construction Manager. 3.3 ARCHITECT The Owner shall retain an Architect to provide the Basic Serv/ces, including normal structural, mechanical and electrical engineering services, other than cost estimating services, described in the edition of AIA Document BI4] current as of the date of this Agreement. The Owner shall authorize and cause the Architect to provide those Additional Services described in AIA Document BI41 requested by the Construction Manager which must necessarily be provided by the Architect for the Preconstruction and Construction Phases of the Work. Such ser~4ces shall be provided in accordance with time schedules agreed to by the Owner, Architect and Construction Manager. Upon request of the Construction Manager, the Owner shall furnish to the Construction Manager a copy of the Owner's Agreement with the Architect, from which compensation prox4sions may be deleted. 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Architect and Construction Manager of any special legal requirements relating specifically to the Project which differ from those generally applicable to construction in the jurisdiction of the Project. The Owner shall furnish such legal services as are necessary to provide the information and services required under Paragraph 3.L ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make pa)q-nents to the Construction Manager for Preconstruction Phase services as follows: 4.1 COMPENSATION 4.1.1 For the services described in Paragraphs 2.1 and 2.2 he Construct on Manager s compensation shall be calculated as follows: (Stale ba$1~ of compensal/bn, ~,helher a sD~u/aled sum, mult~le of D~;ec! Personne! Exl~se, actual cosl, etc Include a $lalemenl of reJh~bursable cost ~ems as applicable) Thirty Thousand Dollars ($30.000) ..... z ................................................. .z ...... ~ ~ ............................ bzrcnd .......... dato~ff- 4.1.3 If compensation is based on a multiple of Direct Personnel Expense, Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged in the Project and the portion of the cost of their mandatory and customa~ contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 4.2 PAYMENTS 4.2.1 Two eoual Payments of Fifteen Thousand Dollars ($15.000.00) shall be made. The first oavment shall be due upon execution of this A~reement and the second payment shall be due upon the submittal of the Gauranteed Maximum Price ProDosal. meritS!)' r~,~...: ......... · c- , . , ....... ~ ...........~ ,.m~_. applicable' shaH~ ~:cpc~ion ~- 4.2.2 Payments are due and payable Ten (10) days from the date the Construction Manager's invoice is received by the Owner. Amounts unpaid after the date on which pa)~ent is due shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of/h/crest agree~utvo,~,fl Prime Rate of Bank of America. Fort Lauderdale. Florida © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W.. WASHINGTON, D.C., 20OO6-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/~ense Number 1011670, which expires on 10/31/2OO2. Electronic For/f[~-1991z 3/aha#er ~ pn}~o~al p/aces of bus:>*ess, the locat:b~ of the Prol~Ct and e/seu here may affea the vahd~O' of th~ pro~'z~bn. Legal a&'/~e shouM be obla~iled .'Rh respec! !o de/etia~s or mod~cat~b~s, and also regardmg requ~?eme,!s such as wn~te~ &~closu~es or ,'aJvers.) ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Construction Manager for Construction Phase services as follows: 5.1 COMPENSATION 5.1.1 For the Construction Manager's performance of the Work as described in Paragraph 2.3, the Owner shall pay the Construction Manager in current funds the Contract S~uum consisting of the Cost of the Work as defined in Article 7 and the Construction Manager's Fee determined as follows: 4.25% of the Guaranteed Maximum Price. For chanqes in the Work: For chanqes in the Work where any Chancle Order engenders an increase in the Cost of the Work. the Construction Manaqer will receive as an additional fee of five Dement (5%) of the cost of the Chanqe Order Work. Where any Chanae Order enoenders a decrease in the Cost of the Work same shall be comDuted at Construction Manaoer's actual Cost of the Work. 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The sum of the Cost of the Work and the Construction Manager's Fee are guaranteed by the Construction Manager not to exceed the amount provided in Amendment No. ~, subject to additions and deductions by changes in the Work as provided in the Cootract Documents. Such maximum sum as adjusted by approved changes in the Work is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement b), the Owner. In the event that the Cost of the Work and the Construction Manac]er's fees are less than the Guaranteed M~]ximum Cast, after aivina effect to chanqes in the Work and any other adjustment which may be made, then the difference between the cost of the Work and the Construction Manaaer's fees. on the one hand, and the Guaranteed Maximum Cost on the other hand. is the savinqs. The first One Hundred Thousand Dollars ($100.000.00) of the savinos shall accrue and inure to the Owner to the extent of one hundred percent (100%1 thereof. An,/savinos in excess of One Hundred Thousand Dollars ($100.000.00/shall accrue and inure to the Owner to the extent of seventy-five percent (75%L thereof, and shall inure and be paid to the Construction Manaaer. as additional fee. to the extent of twenty-five Dement (25%/thereof. 5.3 CHANGES IN THE WORK 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of Amendment No. i may be determined by an), of the methods listed in Subparagraph 7.3.3 of AIA Document A2o~. 5.].2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3-3.3 of AIA Document A2ol and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of AIA Document A2ol shall have the meanings assigned to them in that document and shall not be modified bx' this Article 5. Adiustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 551.:1 In calculating adjustments to the Contract, the terms "cost" and "costs" as used in the above-referenced provisions of AIA Document A2o~ shall mean the Cost of the Work as defined in Article 6 of this Agreement and the terms "and a reasonable allowance for overhead and profit shall mean the Construct on Manager s Fee as defined in Subparagraph 5-~.1 of this Agreement. 5.3.4 If no specific prov/sion is made in Subparagraph 5a.t for adjustment of the Construction Manager's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustm, ent provisions of Subparagraph 5-1.~ w~ll cause substantial inequity to the Owner or Construction Manager, the Construction Manager s Fee shall be 4quit~bly ~clj~ted on the basis of the fee established for the original Work. © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20OO6-5292. AmA DOCUMENT AIAI2I/CMC AND ACC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - ACC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates copyright Iaws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced ~n accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- ]O/26/2OO1. AIA icense Number 1011670, which expires on 10/31/2002. 2OO~cense Electronic Form ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 6.1 COSTS TO BE REIMBURSED 6.1.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 6. 6.1.2 LABOR COSTS · 1 Wages of construction wo~lers directly employed by the Construction Manager to perform the construction of the Work at the site or, with the Owner's agreement, at off-site workshops. .2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site with the Owner's agreement. .3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion ofthelr time required for the Work. .4 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Clauses 6.1.2.1 through 6.1.2.3. 6.1.3 SUBCONTRACT COSTS Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts. 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. .2 Costs of materials described in the preceding Clause 6.1.4.i in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Construction Manager; amounts realized, if any, from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Construction Manager at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Construction Manager. Cost for items previously used by the Construction Manager shall mean fair market value. .2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Construction Manager at the site, whether rented from the Construction Manager or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subiect to the Owner's prior approval. .3 Costs of removal of debris from the site. © 1991 ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2OOO6-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract,aia -- 10/26/2OO1. AIA License Number 1011670, which expires on 10/31/2OO2. Electronic Form~o1991afl,:~d~ u~.iq .4 .S Reproduction costs, costs of telegrams, facsimile transmissions and long-distance telephone calls, postage and express delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. That portion of the reasonable travel aod subsistence expenses of the Construction Manager's personnel incurred while traveling in discharge of duties connected with the Work. 6.1.6 MISCELLANEOUS COSTS · 1 That portion directly attributable to this Contract of premiums for insurance and bonds. (lf chaq~es for se/f /~surm~ce are to be ~hclude~, spec~ the bas~ of ret~bursement.) .2 Sales, use or similar taxes~imposed by a governmental authority which are related to the Work and for which the Construction Manager is liable. .3 .4 .5 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Construction Manager is required by the Contract Documents tO pay. Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by' Clause 6.1.8.2. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property fights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims and payments of settlements made with the Owner's consent; provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Construction Manager's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by the last sentence of Subparagraph 3.17.2 of AIA Document A2m or other provisions of the Contract Documents. .6 Data processing costs related to the Work. .7 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement. .8 .9 Legal, mediation and arbitration costs, other than those arising from disputes between the Owner and Construction Manager, reasonably' incurred by the Construction Manager in the performance of the Work and with the Owner's written permission, which permission shall not be unreasonably withheld. ...... b ............ ~f l ...........rcquirc~ ~ ~ V, rorh, 4~ case ~ 4s ncccssary 4-e ,~1.~.~.~ *~tc ~uch, l ...... ....... riel from '~:-'~- ....... t- lc, carlo, ns. 6.1.7 OTHER COSTS · 1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Subparagraph 6.1.1 which are incurred by the Construction Manager: In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided in Paragraph lO.3 of AIA Document A2m. .2 In repairing or correcting damaged or nonconforming Work executed by the Construction Manager or the Construction Manager's Subcontractors or suppliers, provided~.hat-xach"damaged or nonconforming Work was not caused by the negligence or failure to fulfill a specific responsibility to the Owner set forth in this Agreement of the Construction Manager or the Construction Manager's foremen, engineers or superintendents, or other super,4sory, admirdstrative or © 1991 - THE AMERICAN INSTFfUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2OOO6-5292. AIA DOCUMENT AIA~21/CMC AND AGC DOCUMENT 585 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/2001. AIA License Number ]OHfiTO, which expires on ~O/3~/2002. Electronic For mat~fl~ 99] managerial personnel of the Construction Manager, or the failure of the Constmct'on Manager s personnel to supervise adequately the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Construction Manager from insurance, Subcontractors or suppliers. 6.1.9 The costs described in Subparagraphs 6.la through 6a.8 shall be included in the Cost of the Work notwithstanding any provision of AIA Document A2m or other Conditions of the Contract which may require the Construction Manager to pay such costs, unless such costs are excluded by the provisions of Paragraph 6.2. 6.2 COSTS NOT TO BE REIMBURSED 6.2.1 The Cost of the Work shall not include: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office, except as specifically provided in Clauses 6.1.2.2 and 6.1.2.3. .2 Expenses of the Construction Manager's principal office and offices other than the site office except as specifically provided in Paragraph 6.1. .3 Overhead and general expenses, except as may be expressly included in Paragraph .4 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work. .5 Rental costs of machinery and equipment, except as specifically provided in Subparagraph 6.1.5.2. .6 Except as provided in Clause 6.1.8.2, costs due to the negligence of the Construction Manager or to the failure of the Construction Manager to fulfill a specific responsibility to the Owner set forth in this Agreement. .7 Costs incurred in the performance of Preconstruction Phase Services. .8 Except as provided in Clause 6.1.7.I, any cost not specifically and expressly described in Paragraph 63. .9 Costs which would cause the Guaranteed Maximum Price to be exceeded. 6.3 DISCOUNTS, REBATES AND REFUNDS 6.3.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if (~) before making the payment, the Construction Manager included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Construction Manager with which to make payments; otherwise, cash discounts shall accrue to the Construction Manager. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Subparagraph 6.33 shall be credited to the Owner as a deduction from the Cost of the Work. 6.4 ACCOUNTING RECORDS 6.4.1 The Construction Manager shall keep full and detailed accounts and exercise such controls as ma), be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Construction Manager's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the Construction Manager shall preserve these for a period of three years after final payment, or for such longer period as ma)' be required by aw ARTICLE 7 CONSTRUCTION PHASE 7.1 PROGRESS PAYMENTS © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20OO6-5292. AmA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AiA and can be reproduced in accordance with your license without violation untie the date of expiration as noted below. User Document: contract.aia -- 10/26/2001. AIA License Number 1011670, which expires on 10/31/2002. Electronic Forma~993 7.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Construction Manager as provided below and elsewhere in the Contract Documents. 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, Or as follows 7.].3 Provided an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment to the Construction Manager not later than the 10th day of the following month. If an Application for Payment is received by the Architect after the application date, fixed above, payment shall be made by the Owner not later than ten (10) days after the Architect receives the Application for Payment. 7.1.4 With each Application for Payment, the Construction Manager shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Construction Manager on account of the Cost of the Work equal or exceed (0 progress payments already received by the Construction Manager; less (2) that portion of those payments attributable to the Construction Manager's Fee; plus (3) payrolls for the period covered by the present Application for Payment. ?.1.5 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Construction Manager's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Construction Manager's Applications for Payment. 7.1.6 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (~) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Construction Manager on account of that portion of the Work for which the Construction Manager has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 7.1.7 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute ma), be included as provided in Subparagraph 7.3.7 of AIA Document A2ol, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. .3 Add the Construction Manager's Fee, less retainage of lea percent (10%). The Construction Manager's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Subparagraph 5.ta or, if the Construction Manager's Fee is stated as a fixed sum in that Subparagraph, shall be an amount which bears the same ratio to that fixed-sum Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. .4 Subtract the aggregate of previous payments made by the Owner. .5 Subtract the shortfall, if any, indicated by the Construction Manager in the documentation required by Subparagraph 7.1.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20OO6-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 19S7 E STREET, N.W., WASHINGTON, D.C., 20OO6-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronica[ly produced with permission of the AIA and can. be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/200L AIA License Number 1011670, which expires on 10/3112002. Electronic [orr~cy1991 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document AaOl. 7.1.8 Except with the Owner's prior approval, payments to Subcontractors shall be subject to retention of not less than ten percent (1..20%). The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments and retention for subcontracts. 7.1.9 Except w'th the Owner s prior approval, the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 7.1.]O In taking action on the Construction Manager's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Subparagraph 7.~.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections or that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. 7.2 FINAL PAYMENT 7.2.1 Final payment shall be made by the Owner to the Construction Manager when (t) the Contract has been fully performed by the Construction Manager except for the Construction Manager's responsibility to correct nonconforming Work, as provided in Subparagraph 12.2.2 of AIA Document Aaot, and to satisfy other requirements, if any, which necessarily survive final payment; (2) a finat Application for Payment and a final accounting for the Cost of the Work have been submitted by the Construction Manager and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect; such final payment shall be made by the Owner not more than 30 days afl.er the issuance of the Architect's final Certificate for Payment, or as follows: or within thirty (30) days from the date of the issuance of a Certificate of Occuoancv bv the aepropriate qovernmental authority, whichever is less. 7.2.2 The amount of the final payment shall be calculated as follows: .1 Take the sum of the Cost of the \Work substantiated by the Construction Manager's final accounting and the Construction Manager's Fee; but not more than the Guaranteed Maximum Price. .2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final Certificate for Payment as provided in Subparagraph 9.5.1 of AIA Document Aaol or other provisions of the Contract Documents. Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous pa)q'nents made by the Owner exceeds the amount due the Construction Manager, the Construction Manager shall reimburse the difference to the Owner. 7.2.3 The Owner's accountants M11 review and report in writing on the Construction Manager's final accounting within 30 days afl.er delivery of the final accounting to the Architect by the Construction Manager. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Construction Manager's final accounting, and provided the other conditions of Subparagraph 7.2.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager, or notify the Construction Manager and Owner in writing of the Architect's reasons for withholding a certificate as provided in Subparagraph 9.5-~ of AIA Document Aaol. The time periods stated in this Paragraph 7.2 supersede those stated in Subparagraph 9.4.t of AIA Document Aam. 7.2.4 If the Owner's accountants report the Cost of the Work as substantiated by the Construction Manager's final accounting to be less than claimed by the Construction Manager, the Construction Manager shall be entitled to proceed in accordance with Article 9 without a further decision of the Architect. Unless agreed to otherwise, a demand for mediation or arbitration of the disputed amount shall be made by the Construction Manager within 6o days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment. Failure to make such demand within this 6o-day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Construction Manager. Pending a fifia-l'F~I-fff~o~-~f ~h~ disputed amount, the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AJA DOCUMENT AIAI2I/CMC AND AGC DOCUMENT 565- OWNER-CONSTRUCTION MANAGER AGREEMENT- 1991 EDITION - AIA® - AGC- © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your ticense without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/2001~se Number 1011670, which expires on 10/'31/2002. Electronic Format ~ 7.2.5 If, subsequent to final payment and at the Owner's request, the Construction Manager incurs costs described in Paragraph 6.1 and not excluded by Paragraph 6.2 (1) to correct nonconforming Work, or (2) arising from the resolution of disputes, the Owner shall reimburse the Construction Manager such costs and the Construction Manager's Fee, if any, related thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price. If the Construction Manager has participated in savings, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Construction Manager. ARTICLE 8 INSURANCE AND BONDS 8.1 INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER During both phases of the Project, the Construction Manager shall purchase and maintain insurance as set forth in Paragraph IL1 of AIA Document A2ot. Such insurance shall be written for not less than the following limits, or greater if required by law: 8.1.] Workers' Compensat'on and Employers' L ab l'ty meet'ng statutory ~mlts mandated by State and Federal laws. If (t) limits in excess of those required by statute are to be provided or (2) the employer is not statutorily bound to obtain such insurance coverage or (3) additional coverages are required, additional coverages and limits for such insurance shall be as follows: 8.1.2 Commercial General Liability including coverage for Premises-Operations, Independent Contractors' Protective, Products- Completed Operations, Contractual Liability, Personal Injury, and Broad Form Property Damage (including coverage for Explosion, Collapse and Underground hazards) .1 .2 .3 1.000.000 1,000,000 1,000,000 1,000,00Q 1.000.000 1,000.000 The policy shall be endorsed to have the General Aggregate apply to this Project only. Each Occurrence General Aggregate Personal and Advertising Injury Products-Completed Operations Aggregate Products and Completed Operations insurance shall be maintained for a minimum period o fat least two (2/year(s) after either 90 days following Substantial Completion or final payment, whichever is earlier. The Contractual Liability insurance shall include coverage sufficient to meet the obligations in AIA Document A2m under Paragraph 3.t8. 8.1.3 Automobile Liability (owned, non-o'amed and hired vehicles) for bodily injury and property damage: s 1,000,000 Each Accident 8.1.4 Other coverage: (If U~nbeella Excess LJ~b~b~y coverage ~ requ~ked over the pnh~ary ~surance or retenobn, ~)ue~ the coverage hh~R~ Commerc~M General L~b#R), and Automob#e L~b#R), hknits ma)' be attainted b). ~dl'v~dual po/l~$ or by a com b~)la&bn o f pnkna~y pohD~s and Umbrella and/or Excess The Owner and it's officers, aoents and emolovees shall be named as additional insured for insurance provided under Sections 8.1.2 and 8.1.3. at Contractor's sole cost and exDense. 8.2 INSURANCE REOUIRED OF THE OWNER During both phases of the Project, the Owner shall purchase and maintain liability and property insurance, including waivers of subrogation, as set forth in Paragraphs n.2 and n.3 of AIA Document A2m. Such insurance shall be written for not less than the following limits, or greater if required by law: 8.2.1 Propertylnsurance 2,500 Deductible Per Occurrence 2,500 Aggregate Deductible © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D,C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 * THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violate~ U.S. copyright laws and is subject to ~egal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aiR - 10/26/2001. AI/A,~ Number IO11670, which expires on 10/3112OO2. se Electronic Format ~99,1~ 8.2.2 Boiler and Machinery insurance with a limit off (If nol a blanket policy, h~t the ob/~cts lo ~e fitsur~ ) $2,500 8.3 PERFORMANCE BOND AND PAYMENT BOND 8.3.] The Construction Manager shall (/,';,sen ~sball"ol' ~bal/aol"d furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder. Bonds may be obtained through the Construction Manager's usual source and the cost thereof shall be included in the Cost of the Work. The amount of each bond shall be equal to one-hundred percent (100%) of the Contract Sum. 8.3.2 The Construction Manager shall deliver the required bonds to the Owner at least three days before the commencement of any Work at the Project site. ARTICLE 9 MISCELLANEOUS PROVISIONS matter in question would be barred by the applicable statute of limitations. 9.1 DISPUTE RESOLUTION FOR THE PRECONSTRUCTION PHASE 9.1.1 Claims, disputes or other matters in question between the parties to this Agreement which arise prior to the commencement of the Construction Phase or which relate solely to the Preconstruction Phase services of the Construction Manager or to the Owner's obligations to the Construction Manager during the Preconstruction Phase, shall be resolved by mediation or by arbitration. 9.1.2 Any mediation conducted pursuant to this Paragraph 9a shall be held in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect, unless the parties mutual[), agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. Any demand for mediation shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based upon such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 9.L3 Any claim, dispute or other matter in question not resolved by mediation shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 9.!.4 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration ma)' be made concurrently with a demand for mediation and shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event sha~l] the demand for arbitration be made after the date when institution of legal or equitable proceedings based upon such claim, dispute or other 9.1.5 No arbitration arising out of or relating to the Contract Documents shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Construction Manager and any other person or entity sought to be joined. No arbitration shall include, by consolidation or joinder or in an)' other manner, parties other than the Owner, Construction Manager, a separate contractor as described in Article 6 of AIA Document A2Ol and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner or Construction Manager or a separate contractor as described in Article 6 of AIA Document A2m shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration invoMng an additional person or entity shall not constitute agreement to arbitration of a dispute not described in such consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by panics to this Agreement shall be specificafiy enforceable under applicable law in any court having jurisdiction thereof. 9.1.6 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 9.2 DISPUTE RESOLUTION FOR THE CONSTRUCTION PHASE 9.2.] An), other claim, dispute or other matter in question arising out of or related to this Agreement or breach thereof shall be settled in accordance with Article 4 of AIA Document A2m, except that in addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20OO6-5292, AtA DOCUMENT AIA121/CMC AND AGC DOCUMENT 569 * OWNER-CONSTRUCTION MANAGER AGREEMENT- 1991 EDITION - AiA®- AGC - ® 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W. WASHINGTON, D.C., 20006-9209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/2~cense Number 1011670, which expires on 10/31/2OO2. Electronic For~c-199,l5 the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Any mediation arising under this Paragraph shall be conducted in accordance with the provisions of Subparagraphs 9.1.2- and 9.1.3. 9.3 OTHER PROVISIONS 9.3.1 Unless otherwise noted, the terms used in this Agreement shall have the same meaning as those in the 1987 Edition of AIA Document A2m, General Conditions of the Contract for Construction. 9.3.2 EXTENT OF CONTRACT This Contract, which includes this Agreement and the other documents incorporated herein by reference, represents the entire and integrated agreement between the Owner and Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Construction Manager. If an~hing in any document incorporated into this Agreement is inconsistent with this Agreement, this Agreement shall govern. 9.3.3 OWNERSHIP AND USE OF DOCUMENTS The Dra,Mngs, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Construction Manager, are for use solely with respect to this Project. They are not to be used by the Construction Manager, Subcontractors, Sub-subcontractors or suppliers on other projects, or for additions to this Project outside the scope of the Work, without the specific written consent of the Owner and Architect. The Construction Manager, Subcontractors, Sub- subcontractors and suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the execution of their Work under the Contract Documents. 9.3.4 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. TERMINATION OR SUSPENSION 10.1 TERMINATION PRIOR TO ESTABLISHING GUARANTEED MAXIMUM PRICE 10. IA Prior to execution by both parties of Amendment No. ~ establishing the Guaranteed Maximum Price, the Owner may terminate this Contract at any time without cause, and the Construction Manager may terminate this Contract for any of the reasons described in Subparagraph ~4.~.t of AIA Document A2m. 10.1.2 If the Owner or Construction Manager terminates this Contract pursuant to this Paragraph tO.l prior to commencement of the Construction Phase, the Construction Manager shall be equitably compensated for Preconstruction Phase services performed prior to receipt of notice of termination; provided, however, that the compensation for such services shall not exceed the compensation set forth in Subparagraph 4aa. 10.1.3 If the Owner or Construction Manager terminates this Contract pursuant to this Paragraph ~o.1 after commencement of the Construction Phase, the Construction Manager shall, in addition to the compensation provided in Subparagraph be paid an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager. .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Paragraph 5a or, if the Construction Manager's Fee is stated as a fzxed sum in that Paragraph, an amount which bears the same ratio to that fixed-sum Fee as the Cost of Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion. .3 Subtract the aggregate of previous payments made by the Owner on account of the Construction Phase. 9.3.5 ASSIGNMENT The Owner and Construction Manager respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that part), shall nevertheless remain legally responsible for all obligations under the Contract. ARTICLE 10 The Owner shall also pay the Construction Manager fair compensation, either by purchase or rental at the election of the Owner, for any equipment owned by the Construction .Manager which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Clause ~o.].3a. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), the Construction Manager shall, as a condition of receiving the payments referred to in this Article lo, execute and deliver alt such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Construction Manager, as the (2wa~ may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AIA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright taws and is subject to legal prosecution. This document was electronically produced with permission of lhe AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/2OOl~A-bifense Number 1011670, which expires on 10/31/2OO2. Electronic E o r m a,J/A t2~I/C ~q5,.4991 subcontracts or purchase orders. Subcontracts, purchase orders and rental agreements entered into by the Construction Manager with the Owner's written approval prior to the execution of Amendment No. ~ shall contain provisions permitting assignment to the Owner as described above. If the Owner accepts such assignment, the Owner shall reimburse or indemni~' the Construction Manager with respect to all costs arising under the subcontract, purchase order or rental agreement except those which would not have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner elects not to accept the assignment of any subcontract, purcl~ase order or rental agreement which would have constituted a Cost of the Work had this agreement not been terminated, the Construction Manager shall terminate such subcontract, purchase order or rental agreement and the Owner shall pay the Construction Manager the costs necessarily incurred by the Construction Manager by reason of such termination. 10.2 TERMINATION SUBSEQUENT TO ESTABLISHING GUARANTEED MAXIMUM PRICE Subsequent to execution by both parties of Amendment No. t, the Contract may be terminated as pro~'ided in Article 14 of AIA Document Aao~. 10.2.1 In the event of such termination by the Owner, the amount payable to the Construction Manager pursuant to Subparagraph 14.1.2 of AIA Document A2o! shall not exceed the amount the Construction Manager would have been entitled to receive pursuant to Subparagraphs ~o.~.a and ~oa.3 of this Agreement. 10.2.2 In the event of such termination by the Construction Manager, the amount to be paid to the Construction Manager under Subparagraph ~4. L2 of AIA Document Aam shall not exceed the amount the Construction Manager would be entitled to receive under Subparagraphs xoa.2 or ~oa.3 above, except that the Construction Manager's Fee shall be calculated as if the Work had been fully completed by the Construction Manager, including a reasonable estimate of the Cost of the Work for Work not actually completed. 10.3 SUSPENSION The Work may be suspended by the Owner as provided in Article ~4 of AIA Document Aaol; in such case, the Guaranteed Maximum Price, if established, shall be increased as provided in Subparagraph 14.3.2 of AIA Document A2ol except that the term "cost of performance of the Contract" in that Subparagraph shall be understood to mean the Cost of the Work and the term "profit" shall be understood to mean the Construction Manager's Fee as described in Subparagraphs 5aa and 5.3.4 of this Agreement. ARTICLE 11 OTHER CONDITIONS AND SERVICES a. The parties agree that to the extent that any provision of the Contract Document re(]uires the Contractor to indemnify the Owner from liability for damocles to persons or ProPerty caused in whole or in Dart bv any act, omission default of the owner arisinq from the Contract or the owner's performance, the Dar'lies acknowledqe that the owner has oiven a SDecific consideration to the Contractor for such indemnification by payment of the sum of $100 payable UDOn Drocessino of the first invoice for payment under this Contract. b. F011owino a determinetion by the Architect, the Owner and Contractor shall each have the Potion to remove a dispute from mediation and arbitration pursuant to the requirements of the Contract Documents. bv servinq a notice upon the other party within 7 days after either par'tv invokes the mediation or arbitration process. In the event either Party timely exercises such potion to remove a dispute from mediation and arbitration, the dispute shall be subject to determination in a Court of competent jurisdiction in the 11th Judicial Circuit in Miami-Dado County, Florida. This shall not impare any mediation reouirements of the Court. c. In the event that the Contractor shall fail to complete the Work within the time limit or the extended time limit aoreed upon. as more Darticulary ~et forth in the Contract Documents. liouidated damapes shall be Daid at the rate of One Thousand Dollars (1.000.00~ per day. '© 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2OOO6-5292. AIA DOCUMENT AIA12]/CN1C AND AGC DOCUMENT 565 - OWNER*CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 2OOO6-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/2001. AIA License Number 10~1670, which expires on 10/31/2OO2. Electronic Format This Agreement entered into as of the da5' and year first written above. OWNER BY: Eric Soroka, City Manager City of Aventura James A. Cummings, inc. DATE DATE ATTEST ATTEST © 1991 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2OOO6-5292. AiA DOCUMENT AIA121/CMC AND AGC DOCUMENT 565- OWNER-CONSTRUCTION MANAGER AGREEMENT - 1991 EDITION - AIA®- AGC- © 1991 - THE ASSOCIATED GENERAL CONTRACTOR9 OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia - 10/26/200~ Al~d icense Number 1011670, which expires on 10/31/2002. Etectronic Forma~/~,I~ Amendment No. t to Agreement Between Owner and Construction Manager Pursuant to Paragraph 2.2 of the Agreement, dated November 6, 2001 between City of Aventurar'Owaec?and James A. Cumminqs, lng. r'Coz, sZwcOa,~ M, nage,'?, for City of Aventwa Community/Recreation Center/d,e ?to~eot?, the Owner and Construction Manager establish a Guaranteed Maximum Price a~d Contract Time for the Work as set forth below. ARTICLE I GUARANTEED MAXIMUM PRICE The Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Article 6 and the Construction Manager's Fee as defined in Article 5, is Ninety-Two Thousand Six Hundred Sixty-Si× Dollars (*92.666.00). marked-The Price is for the performance of the work in accordance with the Contract Documents listed and attached to this Amendment and marked Exhibits A through "E".4a, as follows: Exhibit A Exhibit B Exhibit C Cuarant:a~ ,V, axh~,a:,,. Price i: ba:edProiect Summary, pages I through 1_ dated October 10, 2001 .^.llo;'.'anac itam:Revised GMP Estimate (Site Clearinq only), pages 1through 1_dated October 10, 2001 ........ ~...on. ~ ........ aUon ....... -ia pr:paring 44e ~ ~ 4q4eeGenera[ Conditions, pages 1 through 3~ dated October 10, 2001 Exhibit D Comp!crier, :c5c~uleList of Documentso pages 1_ through 2_, dated October 10,2001 Exhibit E ,~2tcrp, ata i:ricc:Quaiiflcations and Clarifications, pages 1_ through 2_, dated October 10, 2001 Unit price.t, pages thro:.:gh, dated The Parties aoree that the attached AIA Document A201-1997 Edition will be utilized in lieu of AIA Document A201-1987 Edition. Where this aqreement (AIA Document 121/CMc) makes reference to AIA Document A201-1987 Edition, is mutually agreed that the aooroDriate article of AIA Document A201-1997 Edition shall be utilized. Exhibit "E" Documents shall take preference over all other documents. © 199I - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2OOO6-5292, AtA DOCUMENT AIA12t/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - ]991 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, ]957 E STRE£T, N.W., WASHINGTON, D.C., 2OOO6-5209, WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject fo lesal prosecution. This document was electronically produced with permission of the Ara and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/2OO1. AIA License Number 1011670, which expires on 10/3]/2OO2. Electronic Form~Mo1991 ARTICLE II CONTRACT TIME The date of Substantial Completion established by this Amendment is: Two (2) Months from the date of Notice to Proceed with Construction or ten (10/davs after issuance of a Buildinq Permit, whichever is later. ,/~ BY: Eric Sot ka it Maria er BY Willia~rrer, President ~ James A. Cumminqs, Inc. © 199l - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006-5292. AiA DOCUMENT AIA12]/CMC AND AGC DOCUMENT S65 - OWNER-CONSTRUCTION MANAGER AGREEMENT - 1591 EDITION - AIA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia -- 10/26/2001. nse Number 1011670, which expires on 10/31/2002. Electronic Format 91 General Contractors EXHIBIT "A" James A. Cummings, Inc. 3575 Northwest 53rd Street Fort Lauderdale, FL 33309 Phone: 954-733-4211 Fax: 954~,85-9688 Website: vwvw.jamesaournmings.com October 10, 2001 City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Attn: Mr. Eric Soroka Re: Aventura Community/Recreation Center Site Clearing Revised GMP Gentlemen: Our Revised Site Cleating Estimate for the Aventura Community/Recreation Center is Ninety Iwo Thousand Nine Hundred Sixty Six dollars ($92,966.00) including a Four Thousand Two Hundred Sixteen dollar ($4,216.00) Contingency and the Construction Manager's Fee. Enclosed please find a copy of the list of Drawings and Specifications; the Qualifications and Clarifications; the Revised Guaranteed Maximum Price Estimate and the General Conditions for the Site Clearing. Very truly yours, JAMES A. CUMMINGS, 1NC. Scott W. Pate Vice President of Estimating cc: James A. Cummings William R. Den-er Michael F. Lanciault Travis Brown Page 1 Z I 0 z~l Z 0 I.- UJ zO~ ~ m~ .~o ~- g z~ 0 ~ ~ ~ ~ =z~ :m~ ~ ~ ~0 . ,-o~ ~ ,mo d ~,1ooooooooooooooooooooooo~oo ~ ~ .~ooooooooooooooooooooooo-oo 0 ~ <~ I --~~ ~--~ , ~ 0 ~ ~ ~ -- 0 zo~ ~wwwww~ ~wz~ ~ ~ Oo .. z z <~ ~ 0~ . EXHIBIT "D" AVENTURA COMMUNITY/RECREATION CENTER OCTOBER 10, 2001 LIST OF DOCUMENTS Response to RFI #PC0001 ........................................ Dated 8/27/01 Response to RFI #PC0002 ........................................ Dated 8/28/01 Response to RFI #PC0003 ........................................ Dated 8/28/01 Response to RFI #PC0004 ........................................ Dated 8/28/01 Response to RFI #PC0007 ........................................ Dated 8/29/01 Response to RFI #PC0008 ........................................ Dated 8/31/01 Response to RFI #PC0009 ........................................ Dated 8/31/01 Response to RFI #PC0010 ........................................ Dated 9/04/01 Response to RFI #PC0011 ........................................ Dated 9/04/01 Response to RFI #PC0012 ........................................ Dated 9/05/01 List of Finishes and Light Fixture Cut Sheets ......................... Dated 8/07/01 Geotechnical Report (Draft) ....................................... Dated 2/22/01 ?Mse 1 EXHIBIT "D" AVENTURA COMMUNITY/RECREATION CENTER OCTOBER 10, 2001 Cover Page LIST OF DOCUMENTS 8/13/01 ARCHITECTURAL DRAWINGS A-2.0 Ground Floor Plan A-2.1 Mezzanine Running Track Option A-2.2 Roof Plan A-2.3 Gym Roof Plan Solution Options A-2.4 Partial Roof Plan A-3.0 Reflected Ceiling Plan A-4.0 Building Elevations A-5.0 Building Sections A-5.1 Wall Sections 8/13/01 8/13/01 8/13/01 8/13/01 8/I3/01 8/13/01 8/13/01 8/13/01 8/13/01 LANDSCAPING DRAWINGS L- 1.0 Hardscape Plan L-2.0 Landscape Plan ELECTRICAL DRAWINGS E- 1 Electrical Floor Plan MECHANICAL DRAWINGS 8/13/01 8/13/01 6/01/01 M-1 M-2 Mechanical Floor Plan Mechanical Details and Notes 8/13/01 8/13/01 PLUMBING DRAWINGS P-I P~2 Plumbing Floor Plan Plumbing Details/Notes 8/13/01 8/13/01 CIVIL DRAWINGS C-1 Site Plan Sheet I ALTA/ACSM Land Title Survey 8/13/01 11/12/98 Page 2 EXHIBIT "E" QUALIFICATIONS AND CLARIFICATIONS October 10, 2001 The following is a list of Qualifications and Clarifications. Where conflicts may exist between these Qualifications and Clarifications and the Contract Documents, these Qualifications and Clarifications shall govern. DIVISION 1: GENERAL REQUIREMENTS 1. Water management and drainage district permits, fees and bonds, impact fees and utility connection and usage fees are not included and shall be paid for by the Owner. 2. Threshold inspector and special inspectors and inspections are not included and shall be provided and paid for by the Owner. 3. Quality control testing is not included and shall be provided by the Owner. 4. The cost for Builders Risk Insurance is not included. 5. Removal and disposal of asbestos, hazardous and/or contaminated materials and ground water is not included. 6. All cost of all permits is not included and shall be paid for by the Owner. 7. Owner's Protective Liability Insurance is not included. 8. The Revised Site Cleating Guaranteed Maximum Price Proposal prepared by James A. Cummings, Inc. dated October 10, 2001 shall take precedence over all other Contract Documents. DIVISION 2: SITEWORK 9. Demucking and/or removal of unsuitable soil is not included. 10. The relocation trees is not included. Please note that the removal of trees is included. 11. Cleating and grubbing of the site is included. 12. The removal of all surface debris is included. Please note that the removal of underground utilities is not included. 13. Stripping and stockpiling the topsoil is included. Please note that grading of the site is not included. 14. The furnishing and installation of fill material is not included. 15. The removal of the existing perimeter fencing is not included. Page 1 EXHIBIT "E" 16. Any work associated with a sea wall adjacent to the water is not included. 17. The removal of concrete rubble and rip-rap adjacent to the water is not included. 18. The removal of all material associated with the existing on-site landscaping and tree mulching operations is not included and shall be provided by the Owner. Page 2 1997 Edition - Electronic Format AIA Document A201 - 1997 General Conditions of the Contract for Construction TABLE OF ARTICLES · 1. GENERAL PROVISIONS 2. OWNER 3. CONTRACTOR 4. ADMINISTRATION OF THE CONTRACT 5. SUBCONTRACTORS 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7. CHANGES IN THE WORK 8. TIME 9. PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. iNSURANCE AND BONDS 12. UNCOVERING AND CORRECTION OF WORK 13. MISCELLANEOUS PROVISIONS 14. TERMINATION OR SUSPENSION OF THE CONTRACT THIS DOCUMENT HA~ IMPORTANT L£GAL COAISEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated Genera/ Contractors of America. INDEX Acceptance of Nonconformhag Work 9.6.6, 9.9.3, 12.$ Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.1oa, 9.1o.3, L~.3 Access to Work 3.16, 6.2.1, i2..1 Accident Prevention 4.2.3, 10 Acts and Omissions 3.2, 3.3.2, 3.L2-8, 3.18, 4-2.3, 4.3.8, 4.4.1, 8.3.1, 9.5.1, lo.2.5, 13.4.2, 13.7, 14.1 Addenda Additional Costs, Claims for Additional Inspections and Testing Additional Time, Claims for 4-3-4, 4.3-7, 8-3-2 ADMINISTRATION OF THE CONTRACT Advertisement or Invitation to Bid ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U S copyright laws and will subject the violator to legal prosecution. This document was electronical y produced with permission of the AIA and can be reproduced in accordance with your license without violation untiI the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 1C)/31/2002. 1 m ~1997 AIA® AiA DOCUMENT A201 ' 1997. GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Archilects 1735 New York Avenue, N.W. Washington, D.C. Aesthetic EFfect Allowances All-risk Insurance Applications for Payment Approvals 13.5 Arbitration Architect 4.1 Architect, Definition of Architect, Extent oFAuthority Architect, Limitations of'Authority and Responsibi~ty Architect's Additional Services and Expenses Architect's Administration of the Contract Architect's Approvals Architect's Authority to Reject Work Architect's Copyright Architect's Decisions Architecfs Inspections Architecfs Instructions Architect's Interpretations Architect's Project Representative 4,2.10 Architect's Relationship with Contractor Arch'tect s Relationship with Subcontractors 1.1.2, 4.2.3, 4-2.4, 4.2.6, 9.6.3, 9-6.4, 11.4.7 Architect's Representations 9.4.2, 9.5.1, Architect's Site Visits 4.2.2, 4.2.5, 4.2.9, 4.3-4, 9.4.2, 9.5.1, 9.9.2, 9.1o.1, 13.5 Asbestos lO.3.1 Attorneys' Fees 3.18.1, 9.1o.2, lO.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions oFthe Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1, 1.1.7~ 5.2.1, 11.5.1 Boiler and Machinery Insurance 11.4.2 Bonds, Lien 9.10.2 Bonds, Performance, and Payment 7.3.6.4, 9.6.7, 9.1o.3, I1.4.9, 11.5 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8-3, 9.8.4, 9.8.5 Certificates for Payment 4.2.5, 4.2.9, 9.3-3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.1o.1, 9.1o.3, 13.7, 14.1.1.3, 14.2.4 Certificates of Inspection, Testing or Approval 13.5.4 Certificates of Insurance 9.1o.2, 11.1.3 Change Orders 1.1.1, 2.4.1, 3.4.2, 3.8.2-3, 3.ha, 3.t2.8, 4.2.8, 4,3-4, 4,3-9, 5.2.3, 7.1, 7.2, 7.3, 8.3.1, 9.3.1.1, 9.1o.3, 11.4,1.2, 11.4.4, 11.4.9, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 3.11, 4.2.8, 7, 8.3.1, 9.3.1.1, u.4.9 Claim, Definition of 4.3.1 Claims and Disputes 3.2.3, 4.:l, 4.4, 4.5, 4.6, 6.1.1, 6.3, 7.3.8, 9-3.3, 9.1o.4, lO.3.3 Claims and Timely Assertion oF Claims 4.6.5 Claims for Additional Cost ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1956, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. A[A License Number 1011670, which expires on 10/31/2002. 2 THIS DOCUMENT Ha5 IMPORTANT L~GAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40L This document has been approved and endorsed by The A~sociated General Contractors of America. AIA DOCUMENT A201 - 1997 JSENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C.20OO6-5292~ 3.2.3, 4.3-4, 4.3.5, 4.3.6, 6.1.1, 7.3.8, lo.3.:l Claims for Aclditional Time 3.2:.3, 4-3.4, 4.3.7, 6.].1, 8.3.2, lO.3.2 Claims for Concealed or LLnknown Conditions 4.3.4 Claims for Damages 3.2.3, 3.18, 4-3.1o, 6.1.1, 8.3.3, 9.5.1, 9.6.7, lO.3.3, 11.1.1, n.4,5, n.4.7, 14.1.3, 14.2.4 Claims Subiect to Arbitration 4.4.1, 4.5.1, 4,6.1 Cleaning Up · 3.15, 6.3 Commencement of Statutory Limitation Period 13.7 Commencemem of the Work, Conditions Relating to 2.2.1, 3.2.1, 3.4-1, 3-7-1, 3-10-1, 3.12.6, 4.3.5, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.4.1, 11.4.6, u.5.1 Commencement of the Work, Definition of 8.1.2 Communications Facilitating Contract Administration 3.9.1, 4.2.4 Completion, Conditions Relating to 1.6.1, 3.4,t, 3.n, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.1o, 12.2, 13.7, 14,1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.1o.3, 9.10.4,2, 12.2, 13.7 Compliance with Laws 1.6.1, 3.2.2, 3.6, 3-7, 3.12.1o, 3.13, 4.1.1, 4.4.8, 4.6.4, 4.6.6, 9.6.4, 1o.2.2, 11.1, 11.4, 13.1, 13.4, 13.5.1, 13.5.2, 13.6, 14.1.1, 14.2.1.3 Concealed or Unknown Conditions 4.3-4, 8.3.1, 1o.3 Conditions of the Contract 1.1.1, 1.1.7, 6.1.1~ 6.1-4 Consent, Written 1.6, 3.4.2, 3.12.8, 3.14.2, 4.1.2, 4.3.4, 4.6.4, 9.3.2, 9.8.5, 9.9.1, 9.1o.2, 9.1o.3, LI.4,1, 13.2, 13.4.2 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.12.8, 4.2.8, 4.3.9, 7.i, 7.3, 9-3.1.1 Construction Schedules, Contractor's 1.4.1.2, 3.10, 3.12.1, 3.12.2, 4.3.7.2, 6.1.3 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 4.3.3 Contract, Definition of CONTRACT, TERMINATION OR SUSPENSION OF THE Contract Administration Contract Award and Execution, Conditions Relating to Contract Documents, The Contract Documents, Copies Furnished and LLse of Contract Documents, Definition of Contract Sum 14.3.2 Contract Sum, Definition of Contract Time Contract Time, Definition of CONTRACTOR Contractor, Definition of Contractor's Construction Schedules Contractor's Employees Contractor's Liability Insurance Contractor's Relationship with Separate Contractors and Owner's Forces Contractor's Relationship with Subcontractors Contractor's Relationship w/th the Architect Contractor's Representations ~Copyrigiqt 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by Tr~e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the Un ted States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopy n8 v o ares U.S. copyright laws and will subject the violator to legal prosecution. This document was e ectron ca y produced with permission of the AIA and can be reproduced in accordance with your license without violat on until the date of exp rat on as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 3 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITc COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. ~ Washington, D.C. 20006~ Contractor's Responsibility for Those Performing the Work Contractor's Review of Contract Documents 1.5.2, 3.2, 3.7-3 Contractor's Right to Stop the Work 9.7 Contractor's Right to Terminate the Contract 4.3.1o, 14-1 Contractor's Submittals 3.1o, 3-n, 3-12, 4-2.7, 5.2.1, 5.2.3, 7.3.6, 9.2, 5*.3, 9.8.2, 9.8.3, 9.9.1, 9.1o.2, 9.1o.3, 11.1.3, 11.5.2 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3-4, 3.12.1o, 4.2.a, 4.2-7, 4-3.3, 6.1.3, 6.2.4, 7.1-3, 7.3.4, 7-3-6, 8.2, lO, 12, 14 Contractual Liability Insurance Coordination and Correlation 1.2, 1.5.2, 3.3.1, 3.1o, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications Copyrights Correction of Work 2.3, 2.4, 3.7.4, 4.2.1, 9.4.2, 9.8.2, 9.8.3, 9.9.1, Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.6 Costs 6.2.3, 7.3.3.3, 7-3.6, 7.3.7, 7-3-8, 9.10.2, 10.3.2, 10.5, n.3, n.4, 12.1, 12.2.1, 12.2.4, 13-5, 14 Cutting and Patching 6.2.5, 3.14 Damage to Construction of Owner or Separate Contractors 3,14,2, 6.2.4, 9-2-1.5, 10.2.1.2, 10.2.5, 10.6, 12.1, Damage to the Work 3.14.2, 9.9.1, lO.2.1.2, 10.2.5, lo.6, I1.4, 12.2.4 Damages, Claims for 3.2.3, 3.18, 4-3.1o, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 1o.3.3, 11.1.1, n.4,5, u.4.7, 14.1.3, 14.2.4 Damages for Delay 6.1.1, 8.3.3, 9-5.1.6, 9.7, 10.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Azchitect 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4-3-4, 4-4.1, 4.4.5, 4.4.6, 4.5, 6.3, 7.3.6, 7.3.8, 8.1.3, 8.3-1, 9.2, 9.4, 9.5.1, 9.8.4- 9.9.1, 13.5.2, 14.2.2, 14.2.4 Decisions to Withhold Certification 5..4.1, 9.S, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Reiection and Correction of 2.3, 2.4, 3-5-1, 4.2.6, 6.2-5, 5..5.1, 9.5.2, 9.6.6, 9.8.2, 9-9-3, 9.1o.4, 12.2.1, 13.7.1.3 Defective Work, Definition of 3.5.1 Definitions 1.1, 2.1.1, 3-1, 3.5.1, 3.12.1, 3.12.2, 3.12.3, 4,1.1, 4-3.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 7.3-6, 8.1~ 9.1, 9.8.1 Delays and Extensions of Time 3.2.3, 4.3.1, 4.3-4, 4.3.7, 4-4.5, 5.2-3, 7.2.1, 7.3.1, 7.4.1, 7.5.1, 8.3, 5..5.1, 9.7.1, 1o.3.2, lo.6.1, 14.3.2 Disputes 4.1.4, 4.3, 4.4, 4.5, 4.6, 8.3, 7.3.8 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 1.1.1, 1-3, 2.2.5, 3.11, 5.3 Effective Date of Insurance Emergencies 4-3.5, ]0.6, 14.1.1.2 Employees, Contractor's 3.3.2, 3.4,3, 3.8.1, 3.5*, 3.18.2, 4.2.3, 4.2.6, lO.2, lO.3, n.l.l, 11.4.7, 14.1, 14.2.1.1 Equipment, Labor, Materials and 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9-3-3, 9.5.1.3, 9.1o.2, 1o.2.1, lO.2.4, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.2.3, 2.2.5, 3.1, 3-3, 3.4, 3.5, 3.7, 3.1o, 3.12, 3.14, 4-2.2, 4.2.3, 4.3-3, 6.2.2, 7.1.3, 7-3.4, 8.2, 9.5, 9.9.1, lO.2, lO.3, I2..2, 14.2, 14.3 Extensions of Time 3.2.3, 4.3.1, 4.3.4, 4.3.7, 4-4-5, 5.2.3, 7.2.1, 7.3, 7.4.1, 9.5.1, 5..7.1, lo.3.2, lo.6.1, 14.3.2 Failure of Payment 4.3.6, 5..5.1.3, 9.7, 5..io.2, 14.1.1.3, 14.2.1.2, 13.6 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4-2.1, 4.2.9, 4.3.2, 9.8.2, 9.]0, 11.1.2, n.l.3, u.4.1, n-4.5, 12.3.1, 13.7; 14.~.4, 14.4.3~ ~Copyrigm 1911, 1915, 1918, 1925, 1931, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 Dy The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general condifions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 4 THIS DOCUMENT H.4~ IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D40L 7his document ~,s been approved and endorsed by The Associated General Contractors o£ America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Financial Arrangements, Owner's Fire and Extended Coverage Insurance GENERAL PROVISIONS Governing Law Guarantees (See Warranty) Hazardous Materials Identification of Contract Documents Identification of Subcontractors and Suppliers Indemnification Information and Services Required of the Owner Injury or Damage to Person or Property Inspections Instructions to Bidders Instructions to the Contractor Insurance Insurance, Boiler and Machinery Insurance, Contractor's Liability 11.I Insurance, Effective Date of Insurance, Loss of Use Insurance, Owner's Liability Insurance, Project Management Protective Liability Insurance, Property Insurance, Stored Materials 9.3.2, n.4,14 INSURANCE AND BONDS 11 insurance Companies, Consent to Partial Occupancy 9.9.1, 11.4.1.5 Insurance Companies, Settlement with 11.4.10 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4,2.13, 7-4 Interest 13.6 Interpretation 1.2.3, ] .4, 4.1.1, 4.3.1, 5.1, 6.1.2, 8.1.4 Interpretations, Written 4,2.11~ 4.2.12, 4.3.6 Joinder and Consolidation of Claims Required 4.6-4 ludgment on Final Award 4.6.6 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5.1, 3.8.2, 3.8.3, 3.k2, 3.13, 3,15.1, 42.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3-3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.6, 3.2.2, 3.6, 3-7, 3-12.10, 3-13, 4.1.1, 4.4,8, 4.6, 9-6-4, 9.9-1, 10.2.2, 11.1, n.4, 13.1, 13-4, 13.5.1, 13-5.2, 13.6, 14 Liens 2.1.2, 4.4,8, 8.2.2, 9.3-3, 9.10 Limitation on Consolidation or ~[oinder 4.6.4 Limitations, Statutes of 4.6.3, 12.2.6, 13.7 Limitations of Liability 2-3, 3.2.1, 3.5.1, 3-7.3, 3-12.8, 3,12.1o, 3.17, 3.18, 4.2.6, 4-2.7, 4,2.12, 6.2.2, 9-4-2, 9.6.4, 9-6.7, 9,1o,4, 1o.3.3, lO.2.5, 11.1.2, 11.2.1, 11.4.7, L2-2.5, 13.4.2 Limitations of Time 2.1.2, 2.2, 2.4, 3.2.1, 3.7.3, 3.1o, 3,n, 3.L2.5, 3.15.1, 4.2.7, 4.3, 4-4, 4.5, 4.6, 5-2, 5.3, 5-4, 6.2.4, 7.3, 7.4, 8.2, 9-2, 9-3.1, 9.3-3, 9-4.1, 9-5, 9-6, 9.7, 9.8, 9-9, 9.1o, 11.1.3, 11.4.1.5, 11.4.6, n.4,1o, 12.2, 13.5, 13.7, 14 Loss of USe Insurance 11.4.3 Material Suppliers 1.6, 3.12.1, 4.2.4, 4.2.6, 5-2.1, 9.3, 9.4.2, 9.8, 9.1o.5 Materials, Hazardous 10.2.4, 10.3~ 10.5 Materials, Labor, Equipment and 1.1.3, 1.1.6, 1.6.1, 3-4, 3.5.1, 3.8.2, 3.8.23, 3.12., 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.6, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14,2-1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.1o, 4.2.2, 4.2.7, 9.4.2 ~)Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright Saws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia ~- 10/25/20Ot. AIA License Number 1011670, which expires on 10/3¥2002. 5 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. Mechanic's Lien 4.4.8 Mediation lO.5 Minor Changes in the Work 1.1.1, 3.~8, 4.2.8, 4.3.6, 7.1, ?.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of Modifications to the Contract 1.1.1, 1.1.2, 3.7.3, 3.n, 4,1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2, 11.4.1 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2-3, 2.4, 3.5.1, 4.2.6, 6.2.5, 9.5.1, 9.8.2, 9.9.3, 9.1o.4~ 12.2.1, 13.7.1.3 Notice 2.2.1, 2.3, 2.4, 3.2.3, 3.3.1, 3.7.2, 3-7-4, 3.12.9, 4.3, 4.4.8, 4,6.3, 5.2.1, 8.2.2, 9.7, 9.1o, 1o.2.2, 11.1.3, 11.4.6, 12.2.2, 12.2.4, 13.3, 13.5.1, 13.5.2, 14,1, 14.2 Notice, Written 2.3, 2.4, 3.3.1, 3-9, 3.12.9, 3.12.1o, 4.3, 4,4-8, 4.6.5, 5.2.1, 8.2.2, 9.7, 9.1o, lO.2.2, 1o.3, 11.1.3, 11.4.6, L?..2.2, 12.2.4, 13.3, 14 Notice of'Testing and Inspections 13.5.1, 13.5.2 Notice to Proceed 8.2.2 Notices, Permits, Fees and 2.2.2, 3.7, 3.13, 7.3.6.4, lO.2.2 Observations, Contractor's 1.5.2, 3.2, 3-7.3, 4-3.4 Occupancy 2.2.2, 9.6.6, 9.8, 11.4.1.3 Orders, Written 1.1.1, 2.3, 3.9, 4.3.6, 7, 8.2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14,3.1 OWNER Owner, Definition of Owner, Information and Services Required of the 2.1.2, 2.2, 3.2.1, 3-m-4, 3.12.1o, 4.2.7, 4-3-3, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 1o.3.3, u.a, m4, 13.5.1, 13.5.2, 14,1.1.4, 14.1.4 Owner's Authority 1.6, 2.1.1, 2.3, 2.4, 3.4.2, 3.8.1, 3.12.1o, 3.14.2, 4.1.2, 4,1.3, 4,2.4, 4.2.9, 4.3.6, 4.4.7, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.1, 9-3.2, 9.5.1) 9.9.1, 9.1o.2, 10.3.2, 11.1.3, 11.3.1, 11.4.3, Owner's Financial Capability Owner's Liability Insurance 11.2 Owner's Loss of l. he Insurance 11.4,3 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5-4, 9.6-4, 9.1o.2, 14.2.2 Owner's Right to Carry Out the Work 2.4, 12.2.4. 14,2.2.2 Owner's Right to Clean Lip 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.3 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, ].6, 2.2.5, 3.2.1, 3.11.1, 3-17.1, 4.2.12, 5.3 Partial Occupancy or Llse 9.6.6, 9.9, m4.1.5 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4-2.5, 7.3.8, 9.2, 9.3, 9-4, 9.5-1, 9.6.3, 9.7.1, 9.8.5, 9.1O.h 9-1o.3, 9.1o.5, 11.1.3, 14.2.4, 14-4-3 Payment, Certificates for 4.2.5, 4.2.9, 9.3-3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7.1, 9.1o.1, 9.1o.3, 13.7, 14-1.1.3, 14.2.4 Payment, Failure of 4-3.6, 9.5.1.3~ 9.7, 9.10.2, 14,1.1.3, 14.2.1.2, 13.6 Payment, Final 4.2.1, 4-2.9, 4.3.2, 9.8.2, 9.1o, 11.1.2, 11.1.3, 11.4.1, 11.4.5, 12.3.1, 13.7, 14-2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.6.4, 9.6.7, 9.1o.3, n.4.9, 1].5 Payments, Progress 4-3-3, 9.3, 9.6, 9.8.5, 9.1o.3, 13.6, 14.2.3 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, n.4.8, PCB nCopyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 Dy T~e American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted be[ow. User Document: genera[ conditions.aia - 10/25/2001. AIA License Number 101~670, which expires on 10/31/2002. 6 THIS DOCUMENT HA~ IMPORTANT ~EGA£ CONSEOUENC~. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICAdJ. Y DRAFTED AdA DOCUMENT MAY BE MADE BY USING AdA DOCUMENT D401. This document ha~ been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 10.3a Performance Bond and Payment Bond Permits, Fees and Notices PERSONS AND PROPERTY, PROTECTION OF 10 Polychlofinated Biphenyl Product Data, Definition of '~ 3.~2.2 Product Data and Samples, Shop Drawings Progress and Completion Progress Payments Project, Definition of the Project Management Protective Liability Insurance Project Manual, Definition of the Project Manuals 2.2.5 Project Representatives 4.2,10 Property Insurance PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 'Rejection of Work Releases and Waivers of Liens 9.1o.2 Representations Representative. s Resolution of Claims and Disputes 4.4, 4.5, 4-6 Responsibility for Those Performing the Work Retainage Review of Contract Documents and Field Conditions by Contractor 1.5.2, 3.2, 3-7-3, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.3, 2.4, 3.5-1, 3.15.2, 4.2.6, 4.3.4, 4.5, 4.6, 5.3, 5-4, 6.1, 6-3, 7.3.1, 8.3, 9.5.1, 9.7, 1o.2.5, 10.3, 12,2.2, 12.2.4, 13.4, 14 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 4.6.2 Safety of Persons and Property 10.2, lO.6 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3.1, 10.1, lO.2, lo.6 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3-n, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2,9.3.1 Schedules, Construction 1.4-1.2, 3.1o, 3.12.1, 3.12.2, 4-3.7.2, 6.1.3 Separate Contracts and Contractors 1.1.4- 3.12.5, 3.14.2, 4.2.4- 4-2.7, 4,6.4, 6, 8.3.1, n.4.7, 12.1,2, 12.2.5 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.n, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 1.2.2, 3.2.1, 3.3.3, 3.7.1, 4.2, 4.3-4, 9.4.2, 9.1o.1, 13.5 Site Visits, Architect's 4.2.2, 4.2.9, 4.3.4, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.5 Special Inspections and Testing 4.2.6, 12.2.1, 13.5 Specifications, Definition of the 1.1.6 Specifications, The 1.1.1, ].].{5, 1.1.7, 1.2.2, 1.6, 3.n, 3.12.1o, 3.17 Statute of Limitations 4,6.3,12.2.6, 13.7 Stopping the Work 2.3, 4-3.6, 9-7,~to- 3,~,3- -- nCopyrigttt 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/3112002. 7 THIS DOCUM£NT HA~ IMPORTANT LEGAZ COI~EOUENC~. CONSUL TABON WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICAU. Y DRAFTED AIA DOCUMENT MAy BE MADE BY USING AIA DOCUMENT 12401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Stored Materials 6.2.1, 9.3.2, lO.2.1.2, 1o.2.4, 11.4.1.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by L2-.2, 3.3.2, 3.12.1, 4-2-3, 5.2--3, 5.3, 5.4, 9.3.1.:2, 9.6.7 Subcontractual Relations 5.3, 5-4, 9.3.1.2, 9.6, 9.1o lo.2..], 11.4.7, n.~..8, 14,1, 14.2.1, 14.3.2 Submittals 1.6, 3.io, 3-11, 3.12, 4.2.7, 5.2..1, 5.2.3, 7.3.6, 9.2, 2.3, 9.8, 9.9.1, 9.1o.2., 9.1o.3, 11.1.3 Subrogation, Waivers of 6.1.1, 11.4,5, 11.4.7 Substantial Completion 4.2.9, 8.1.1, 8.i.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.1o.3, 9.1o.4.2, ~2.2, 13.7 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.:l.4 Substitution of Architect 4-1.3 Substitutions of Materials 3.4.2, 3.5.1, 7.3.7 Sub-subcontractor, Definition of 5.1.2 Subsurface Conditions 4-3.4 Successors and Assigns 13.2 Superintendent 3.9, 1o.2-.6 Supervision and Construction Procedures 1.2.2., 3.3, 3-4, 3.12.10, 4.2.2, 4.2.7, 4.3.3, 6-1.3, 6.2.4, 7.1.3, 7.3.6, 8.2, 8.3.1, 9.4.2, 1o, 12, 14 Surety 4.4-7, 5-4.1.2, 9.8.5, 9.1o.2, 9.1o.3, 14.2.2 Surety, Consent of 9.1o.2, 9.1o.3 Sur~eys 2-2.3 Suspension by the Owner for Convenience 14.4 Suspension of the Work 5.4,2, 14.3 Suspension or Termination of the Contract 4.3-8, 5.4.1.1, 11.4.9, 14 Taxes 3.6, 3.8.2.1, 7.3.6.4 Termination by the Contractor 4.3.1o, 14.1 Termination by the Owner for Cause Termination of the Architect Termination of the Contractor 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections TIME 8 Time, Delays and Extensions of Time Limits 4,2, 4.3, 4-4, 4-5, 4.6, 5.2, 5-3, 5-4, 6.2.4, 7.3, Time Limits on Claims 4.3.2, 4.3.4, 4.3.8, 4.4, 4.5, 4.6 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work Unforeseen Conditions Unit Prices 4-3-9, 7.3.3.2 USe of Documents Use of Site Values, Schedule of Waiver of Claims by the Architect 13.4.2 Waiver of Claims by the Contractor Waiver of Claims by the Owner Waiver of Consequential Damages Waiver of Liens Waivers of Subrogation -'-- THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AJA DOCUMENT D401. This document has been approved end endorsed by The Associated General Contractors of America. ©1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ~Copyrlght 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1991 Dy The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. B 6.1.~, n.4.5, 11.4..7 Warranty Weather Delays 4.3.7.2 Work, Definition of 1.1.3 Written Consent Written Interpretations 4.2.n, 4.2a2, 4.3.6 Written Notice 2.3, 2.4, 3.3.1, 3-9, 3.12.9, 3.12.1o, 4.3, 4.4.8, 4.6.5, 5.2.1, 8.2.2, 9-7, 9.1o, 1o.2.2, 1o.3, 11.1.3, 11.4.6, 12.2.2, 12.2.4. 1].], 14 Written Orders 1.1.1, 2.3, 3.9, 4.3.6, 7, 8,2.2, 11.4.9, 12.1, 12.2, 13.5.2, 14.3.1 ARTICLE 1 GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement between Owner and Contractor (hereinafter the Agreement), Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Constmction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirem, ents (advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor s bid or portions of Addenda relating to bidding requirements). 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the patties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (0 between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 1.1.4 THE PROJECT The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner or by separate contractors. 1.1.5 THE DRAWINGS The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 Dy The American institute of Architects, Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecut on WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to lega prosecution. This document was electronically produced with permission of the AJA and can be reproduced in accordance with your cense without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2OO2. 9 THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY I$ ENCOURAGED WITH RESPECT TO IT5 COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GEN£RAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20(X)6-~ 1.1.6 THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL The Project Manual is a volume assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.2.3 Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are (~) specifically defined, (z) the rifles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be signed by the Owner and Contractor. If either the Owner or Contractor or both do not sign all the Contract Documents, the Architect shall identify such unsigned Documents upon request. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 1.6 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE 1.6.1 The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any~qubcont~ctor, Sub-subcontractor or ·¢opyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and wile subject the violate to legal prosecution. WARNING: Unlicensed photocopying v o alas U S copyright laws and will subject the violator to legal prosecution. This document was electron ca y produced with permission of the AIA and can be reproduced in accordance with your license without violation unt the date of expiration as noted below. User Document: genera[ conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2OO2. 10 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED DOCUMENT MAY BE MADE BY USING DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. m AIA DOCUMENT A2OI - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006~ material or equipment supplier shall own or claira a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of Instruments of Service, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub- subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope ,of the Wltrk without the specific written consent of the Owner, Architect and the Architect s consultants. The Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. Ail copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official regulatory requirements or for other purposes in con,nection with !his Project i,s not to be construed as publication in derogation of the Architect s or Architect s consultants copyrights or other reserved rights. ARTICLE 2 OWNER 2.1 GENERAL 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Subparagraph 4.aa, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. 2.1.2 The Owner shall furnish to the Contractor within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 2.2.1 The Owner shall, at the written request of the Contractor, prior to commencement of the Work and thereafter, fumish to the Contractor reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. Furnishing of such evidence shall be a condition precedent to commencement or continuation of the Work. After such evidence has been furnished, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. 2.2.2 Except for permits and fees, including those required under Subparagraph 3.7.1, which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 2.2.3 The Owner shafi furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information fumished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the Uniled States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2OO2. 11 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOU£NCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICAU. Y DRAFTED 4,IA DOCUMENT MAy RE MADE BY USING A~A DOCUMENT D401, This document has been approved and endorsed by The Assodated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.2.4 Information or services required of the Owner by the Contract Documents shall be furnished by the Owner with reasonable promptness. Any other information or services relevant to the Contractor's performance of the Work under the Owner's control shall be furnished by the Owner after receipt from the Contractor of a written request for such information or services. 2.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, such copies of Drawings and Project Manuals as are reasonably necessary for execution of the Work. 2.3 OWNER'S RIGHT TO STO~THE WORK 2.3.1 If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph r2.2 or persistently fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the fight of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this fight for the benefit of the Contractor or any other person or entity, except to the extent required by Subparagraph 6.t.3. 2.4 OWNER'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carff out the Work in accordance with the Contract Documents and fails within a seven-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may after such seven-day period give the Contractor a second written notice to correct such deficiencies within a three-day period. If the Contractor within such three-day period after receipt of such second notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect or failure. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. THIS DOCUMENT HA~ IMPORTANT ~GAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODI?ICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED DOCUMENT IV~A y BE MADE BY USING AIA DOCUMENT D401. This document ha~ been approved and endorsed by The Assodated General Contractors of America. ARTICLE 3 CONTRACTOR 3.1 GENERAL 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Contractor" means the Contractor or the Contractors authorized representative. 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. 3.1.3 The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's personsadministrati°nother than°fthetheC°ntraCt'contractor.°r by tests, inspections or approvals required or performed by 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 3.2.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 2.2.3, shall take field measurements of any existing ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general eonditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 12 AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose o£ discovering errors, omissions, or inconsistencies in the Contract Documents; however, any errors, inconsistencies or omissions discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. 3.2.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in th~sContract Documents. The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations, but any nonconformity discovered by or made known to the Contractor shall be reported promptly to the Architect. 3.2.3 If the Contractor believes that additional cost or time is involved because of clarifications or instructions issued by the Architect in response to the Contractor's notices or requests for information pursuant to Subparagraphs 3.2.t and 3-2.2, the Contractor shall make Claims as provided in Subparagraphs 4.3.6 and 4-3.7. If the Contractor fails to perform the obligations of Subparagraphs 3.2.1 and 3.2.2, the Contractor shall pay such costs and damages to the Owner as would have been avoided if the Contractor had performed such obligations. The Contractor shall not be liable to the Owner or Architect for damages resulting fi.om errors, inconsistencies or omissions in the Contract Documents or for differences between field measurements or conditions and the Contract Documents unless the Contractor recognized such error, inconsistency, omission or difference and knowingly failed to report it to the Architect. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES 3.3.'1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techrfiques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the iobsite safety of such means, methods, techniques, sequences or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the Owner and Architect and shall not proceed with that portion of the Work without further written instructions from the Architect. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences or procedures without acceptance of changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or damage. 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractors employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. 3.4 LABOR AND MATERIALS 3.4.1 Llnless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment,tools, construction equipment and machinery, water, ·Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 ~y The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantia] quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2OO1. AIA License Number 1011670, which expires on 10/31/2OO2. 13 THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCE3. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMP!.~TION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICAU. y DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 * 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 heat, utilities, transpor/ation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 3,4.2 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 3.5 WARRANTY 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence az to the kind and quality of materials and equipment. 3.6 TAXES 3.6.1 The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. 3.7 PERMITS, FEES AND NOTICES 3.7,1 kinless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required when bids are received or negotiations concluded. THIS DOCUMENT H,~ IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED DOCUMENT MAy BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contraclors of America. 3.7.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. 3.7.3 It is not the Contractor's responsibility to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, building codes, and rules and regulations. However, if the Contractor observes that portions of the Contract Documents are at variance therewith, the Contractor shall promptly notify the Architect and Owner in writing, and necessary changes shall be accomplished by appropriate Modification. 3.7.4 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and roles and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 3.8.1 ~ Contractor-sh~4 !ncludc 4a the W=om~.-ac4 Sum-att a!iz'.'::nces stated ~ ~- ..................................... ; .................. r~ ..................... AmA DOCUMENT A201 - 1997 ..... GENERAL CONDITIONS OF THE CONTRA~ FOR CONSTRUCTION ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, O 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United S*ates and will subject the violate ~o legal prosecution. WARNING: Unlicensed phot~opying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 1~5~I. AIA License Number 1011670, which expires on 1~31/2~2. 14 The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 :'.:fSclcnt tlmc tc a;'cld dc!:T in thc ................................... t~ -.c Change Ordcr chall- :c~cct~ ~ffcrc~cc ~ctwcc= :cta~ and ~ al!cv::ncc~ undc: C!au~c- ' ~": ...... uc ....... :5~ ~ ;clotted ~ ~ Or:ncr ~ -COmEOUENC~. CONSULTATION W/THAN 3.9 SUPERINTENDENT 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be Jn attendance at the Project site during performance o£ the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS £L~CTRONICALLY DP. Al:TED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contraclors of America. 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES 3.10.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 3.10.2 The Contractor shall prepare and keep current, for the Architect's approval, a schedule of submittals which is coordinated with the Contractor's construction schedule and allows the Architect reasonable time to review submittals. 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. 3.11 DOCUMENTS AND SAMPLES AT THE SITE 3.11.1 The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 3.12.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. ~Copyrigl~t 1911, 1915, 1918, 1925, 1937, 1951. 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 15 01997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. 3.12.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 3.12.4 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required by the Contract Documents the way by which the Contractor proposes to conform to the infor~ation given and the design concept expressed in the Contract Documents. Review by the Architect is subiect to the limitations of Subparagraph 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals which are not required by the Contract Documents may be returned by the Architect without action. 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of separate contractors. Submittals which are not marked as reviewed for compliance with the Contract Documents and approved by the Contractor may be returned by the Architect without action. 21.12.6 By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents that the Contractor has determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 3.12.1 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective submittal has been approved by the Architect. 3.]2.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibli/ty for deviations from requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submittal and (]) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Constmaion Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples or similar submittals by the Architect's approval thereof. 3.]2.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such written notice the Architect's approval of a resubmission shall not apply to such revisions. 3.12.10 The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional-~elated to systems, materials or equipment are ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecut on. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to iega prosecution. This document was electronically oroduced with permission of the AIA and can be reproduced in accordance w th your license without violation'until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number ~1Ot1670, which expires on 10/31/2002. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contraclors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C, 2OOO6-529~ specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Owner and Architect have specified to the Contractor all performance and design cfite~o that such services must satisfy. Pursuant to this Subparagraph 3ac.m, the Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. 3.13 USE OF SITE 3.13.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 3.14 CUTTING AND PATCHING 3.14.1 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or separate contractors by cutting, patching or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the Owner or a separate contractor except with written consent of the Owner and of such separate cGntractor; such consent shalI not be unreasonably withheld. The Contractor shall not unreasonably withhold from the Owner or a separate ontractor the Contractor s consent to cutting or other~ase altenng the Work. 3.15 CLEANING UP 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus materials. 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the cost thereof shall be charged to the Contractor. 3.16 ACCESS TO WORK 3.16.1 The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT MAy BE MADE BY USING DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 3.17 ROYALTIES, PATENTS AND COPYRIGHTS 3.17.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend ~ suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are o~957 ^~^® contained in Drawings, Specifications or other documents prepared by the Owner or Architect. AIA DOCUMENT A201 - 1997 However, if the Contractor h~S r~ason tGbelieve that the required design, process or product is GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ~Copyright 1911, 1915, 1918, 1925, 1937 1951, 1958 96, 1963, 966, 1967, 1970, 1976, 1981, © 1991 by The The American Institute of Architects American institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial 1735 New York Avenue, N W quotation of its provisions without written permission ~f the A A ~iolates the copyright laws Of the United. Washin ton, D C 20006 ~'29~ States and will subject the violate to legal prosecution WARNING- Unlicensed photocopying violates U S copyright laws and will sub eot the violator to legal prosecut on This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without vio[at on until the ?a~e`.~exp~r`a`~n~$n~e~be~U$er~c~e~t~g~er~nd`t``n~`~OL~2c~AA~cens~N~mb~r ~u~mtu, wn~cn expires on 10/31/2002.17 an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. 3.1B INDEMNIFICATION 3.18.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph n.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other fights or obligations of indemnity which would otherwise ex/st as to a party or person described in this Paragraph 3.~8. 3.18.2 In claims against any person or entity indemnified under this Paragraph 3.~8 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 3a8.~ shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 4 ADMINISTRATION OF THE CONTRACT 4.1 ARCHITECT 4.1.1 The Architect is the person lawfully licensed to practice architecture or an entity lawfully practicing architecture identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The term "Architect" means the Architect or the Architect's authorized representative. 4.1.2 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 4.1.3 If the employment of the Architect is terminated, the Owner shall employ a new Architect against whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the former Architect. 4.2 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents, and will be an Owner's representative (~) during construction, (2) until final pa)anent is due and (3) with the Owner's concurrence, from time to time during the one-year period for correction of Work described in Paragraph ~2.2. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents, unless otherwise modified in writing in accordance with other provisions of the Contract. 4.2.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (~) to become generally familiar with and to keep the Owner informed aborn the progress and quality of the portion of the Work completed, (al to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed,will be5n accordance with the Contract Documents. However, ~,CopyrJght 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. lB THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO IrS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 9401. This document has been approved and endorsed by The A~sociated General Contractors of America. AIA DOCUMENT A201 ~ 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 the A~-chitect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely' the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 3.3.1. 4.2.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contraaor, Subcontractors, or their agents or ~nployees, or any other persons or entities performing portions of the Work. 4.2.4 Communications Facilitating Contract Administration. Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall endeavor to communicate with each other through the Architect about matters arising out of or relating to the Contract. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and material suppliers shall be through the Contractor. Communications by and with separate contractors shall be through the Owner. 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 4.2.6 The Architect will have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Subparagraphs 13.5.2 and 13.5.3, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. 4.2.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Paragraphs 3-3, 3.5 and 3.u. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may authorize minor changes in the Work as provided in Paragraph 7.4. ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - ln/25/2001. AIA License Number 1011670, which expires on 10/31/2002. THIS DOCUMENT HA~ IMPORTANT LEGAL CONSEOUENCES, CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING DOCUMENT IM01. ]'his document has been approved and endorsed by the Associated General Contractors of America. ~1997 AIA® AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 2000(;-5292 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 4.2.10 If the Owner and Architect agree, the Architect will provide one or more project representatives to assist in carrying out the Architect's responsibilities at the site. The duties, responsibilities and limitations of authority of such project representatives shall be as set forth in an exhibit to be incorporated in the Contract Documents. 4.2.11 The Architect will interpret and decide matters concerning performance under and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If no agreement is made concerning the time within which interpretations required of the Architect shall be furnished in compliance with this Paragraph 4.2, then delay shall not be recognized on account of failure by the Architect to furnish such interpretations until ~5 10 days after written request is made for them. 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either and will not be liable for results of interpretations or decisions so rendered in good faith. 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 4.3 CLAIMS AND DISPUTES 4.3.1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. 4.3.2 Time Limits on Claims. Claims by either party must be initiated within 2~ days after occurrence of the event giving rise to such Claim or within ~a days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Architect and the other party. 4.3.3 Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in Subparagraph 9.7.~ and Article ~4, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. o 4.3.4 Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (~) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than m days after first observance of the conditions. The -Architect will promptly investigate such conditions and, if ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, t961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 20 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCE5. CONSULTATION WITH AN ATTORNEY IS £NCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING A~A DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America· AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20OO6-5292 they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend an eqnitable adjustment in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within 2] days after the Architect has given notice of the decision. If the conditions encountered are materially different, the Contract Sum and Contract Time shall be equitably adjusted, but if the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be referred to the Architect for initial determination, subject to further proc~eedings pursuant to Paragraph 4.4. 4.3.5 Claims for Additional Cost. If the Contractor wishes to make Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Paragraph 4.3.8 If the Contractor believes additional cost is involved for reasons including but not limited to (ti a written interpretation fi.om the Architect, (2) an order by the Owner to stop the Work where the Contractor was not at fault, (5) a written order for a minor change in the Work issued by the Architect, (4) failure of payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's suspension or (7) other reasonable grounds, Claim shall be filed in accordance with this Paragraph 4-3- 4.3.7 Claims for Additional Time 4.3.7.1 If the Contractor wishes to make Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one Claim is necessary. 4.3.7.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated and had an adverse effect on the scheduled construction. 4.3.8 Injury or Damage to Person or Property. If either party to the Contract suffers inju~ or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injmT or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 2] days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. 4.3.9 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. 4.3.10 Claims for Consequential Damages. The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 21 THIS DOCUMENT H,~ IMPORTANT LEGAL CONSEOUENCES. CONSUL TATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ASA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by the Associated General Contractors of America. AIA DOCUMENT A201 ~ 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20OO6-5292 .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly fi.om the Work. This mutual waiver is applicable, without limitation, to ali consequential damages due to either party's termination in accordance with Article ~4. Nothing contained in this Subparagraph 4.3.m shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. 4.4 RESOLUTION OF CLAIM~,AND DISPUTES 4.4.1 Decision of Architect. Claims, including those alleging an error or omission by the Architect but excluding those arising under Paragraphs xo.3 through 1o.5, shall be referred initially to the Architect for decision. An initial decision by the Architect shall be required as a condition precedent to mediation, arbitration or litigation of all Claims between the Contractor and Owner arising prior to the date final payment is due, unless 3o days have passed after the CIaim has been referred to the Architect with no decision having been rendered by' the Architect. The Architect will not decide disputes between the Contractor and persons or entities other than the Owner. 4,4.2 The Architect will review Claims and within ten days of the receipt of the Claim take one or more of the following actions: (0 request additional supporting data from the claimant or a response with supporting data from the other party, (a) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Architect is unable to resolve the Claim if the Architect lacks sufficient information to evaluate the merits of the Claim or if the Architect concludes that, in the Architect's sole discretion, it would be inappropriate for the Architect to resolve the Claim. 4.4.3 In evaluating Claims, the Architect may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Architect in rendering a decision. The Architect may request the Owner to authorize retention of such persons at the Owner's expense. 4.4.4 If the Architect requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of such request, and shall either provide a response on the requested supporting data, advise the Architect when the response or supporting data will be furnished or advise the Architect that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Architect will either reject or approve the Claim in whole or in part. 4.4.5 The Architect will approve or reject Claims by written decision, which shall state the reasons therefor and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection ora Claim by the Architect shall be final and binding on the parties but subject to mediation and arbitration. 4.4.6 When a written decision of the Architect states that (0 the decision is final but subject to mediation and arbitration and (z) a demand for arbitration of a Claim covered by such decision must be made within 30 days after the date on which the party making the demand receives the final written decision, then failure to demand arbitration within said 30 days' period shall result in the Architect's decision becoming final and binding upon the Owner and Contractor. If the Architect renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence, but shall not supersede arbitration proceedings unless the decision is acceptable to all parties concerned. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE IHADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION '~Copyrighr 1911, 1915, 1918, 1925, t937, 1951, 1958, 1961, 1963, t966, 1967, 1910, 1976, t987, © I991 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violalor to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the ~' date of expiration as noted below. User Document: 8eneral conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 22 4.4.7 Upon receipt of a Claim against the Contractor or at any time thereafter, the Architect or the Owner may, but is not obligated to, noti~' the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Architect or the Owner may, but is not obligated to, notiS/the surety and request the surety's assistance in resolving the controversy. 4.4.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by the Architect, by mediation or by arbitration. 4.5 MEDIATION ,~ 4.5.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.1o, 9-1o.4 and 9.1o.5 shall, after initial decision by the Architect or 3o days after submission of the Claim to the Architect, be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. 4.5.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 4,5.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT MAy BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The A~ociated General Contractors of America. 4.6 ARBITRATION 4.6.1 Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and except those waived as provided for in Subparagraphs 4.3.1o, 9.1o.4 and 9.1o.5, shall, after decision by the Architect or 30 days after submission of the Claim to the Architect, be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with the provisions of Paragraph 4.5. 4.6.2 Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy shall be filed with the Architect. 4.6.3 A demand for arbitration shall be made within the time limits specified in Subparagraphs 4.4.6 and 4.6.1 as applicable, and in other cases within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legai or equitable proceedings based on such Claim would be barred by the applicable statute of limitations as determined pursuant to Paragraph ]3-7. 4.6,4 Limitation on Consolidation or Joinder. No arbitration arising out of or relating to the Contract shall include, by consolidation or joinder or in any other manner, the Architect, the Architect's employees or consultants, except by written consent containing specific reference to the Agreement and signed by the Architect, Owner, Contractor and any other person or entity-sought to be joined. No arbitration shall include, by consolidation or ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violales U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general condifions.aia - 10/25/2001. A[A License Number 1Ol1670, which expires on 10/31/2002. 23 AIA DOCUMENT A20! - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 . joinder or in any other manner, parties other than the Owner, Contractor, a separate contractor as described in Article 6 and other persons substantially involved in a common question of fact or law whose presence is required if complete relief is to be accorded in arbitration. No person or entity other than the Owner, Contractor or a separate contractor as described in Article 6 shall be included as an original third party or additional third party to an arbitration whose interest or responsibility is insubstantial. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described therein or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additi0nal person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. · 4.6.5 Claims and Timely Assertion of Claims. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. 4.6.6 Judgment on Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITIONS 5.1.'1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a separate contractor or subcontractors of a separate contractor. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2i1 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Architect will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be ~ required to contract with anyone to whom the Contractor has made reasonable objection. ~{~.~, 5.2.3 If the OWner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no a,'*~*'~ reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of ~ performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in ~*Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, )967, 1970, 1976, 1987, ~ 1997 by The American institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AiA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: UnJicensed photocopying vioJates U.S. copyright Jaws and will subject the violator to Jegal prosecution. This document was electronicalJy produced with permission of the AIA and can be reproduced in accordance with your license without vioJation unti[ the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 24 THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCF-~. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT ro ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICAU. y DRAFTED NA DOCUMENT MAy BE MADE BY USING A]A DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. 5.2.4 The Contractor shall not change a Subcontractor, person or entity previously selected if the Owner or Architect makes reasonable objection to such substitute. 5.3 SUBCONTRACTUAL RELATIONS 5.3,1 By appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obhgations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by these Documents, assumes toward the Ov~er and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not preiudice such rights, and shall allow to the Subcontractor, unless specifically provided other~dse in the subcontract agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub- subcontractors. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner provided that: .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Paragraph ~4.2 and only for those subcontract agreements which the Owner accepts by notifying the Subcontractor and Contractor in writing; and .2 assignment is subiect to the prior rights of the surety, if any, obligated under bond relating to the Contract. 5.4.2 Upon such assignment, if the Work has been suspended for more than 3o days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 6.1.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under Conditions of the Contract identical or substantially similar to these including those pordons related to insurance and waiver of subrogation. If the Contractor claixns that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Paragraph 4-3- 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in ~CopyrJght 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AiA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noled below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 25 THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCES. CONSUL TA 710N WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO I75 COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTfiONICALL Y DRAFTED AIA DOCUMENT MAy BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Other until subsequently revised. 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs constmction or operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to the same obligations and to have the same rights which apply to the Contractor under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles lo, n and ~2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect apparent discrepancies or defects in such other construction that would render it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work, except as to defects not then reasonably discoverable. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSUL TA TION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO IT5 COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED PlA DOCUMENT MAY BE MADE BY USING PlA DOCUMENT D401. Th8 document has been approved and endorsed by The Associated 5eneral Contractors of America. 6.2.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. 6.2.4 The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 6.2.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Subparagraph 3.14. 6.3 OWNER'S RIGHT TO CLEAN UP 6.3.1 If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial The American Institute of Architects quotation of its provisions without written permission of the AIA violates the copyright laws of the United 1735 New York Avenue, N.W. States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. Washington, D.C. 20006-5292 copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2OO2. 26 7.1.1 Changes in the Work ma), be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor and Architect; a Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor;, an order for a minor change in the Work may be issued by the Architect alone. 7.1.3 Changes in the Work shall 1~ performed under applicable provisions of the Contract Documents, and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction Change Directive or order for a minor change in the Work. 7.2 CHANGE ORDERS 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor and Architect, stating their agreement upon all of the following: .1 change in the Work; .2 the amount of the adjustment, if any, in the Contract Sum; and .:1 the extent of the adjustment, if any, in the Contract Time. 7.2.2 Methods used in determining adjustments to the Contract Sum may include those listed in Subparagraph 7-3-3- 7.3 CONSTRUCTION CHANGE DIRECTIVES 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms ora Change Order. 7.3.3 If the Construction Change Directive prov/des for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .] mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 unit prices stated in the Contract Documents or subsequently agreed upon; .3 cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 as provided in Subparagraph 7.3.6. 7.3.4 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. 7.3.5 A Construction Change Directive signed by the Contractor indicates the agreement of the Contractor therewith, including adjustment in Contract Sum and Contract Time or the ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/2S/2001. AIA License Number 1011670, which expires on 10/31/2002. 27 THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. c1997 A[A® ^lA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 7,3.6 If the Contractor does not respond promptly or disagrees with the method for adiustment in the Contract Sum, the method and the adiustment shall be determined by the Architect on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, a reasonable allowance for overhead and profit. In such case, and also under Clause 7-3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Subparagraph 7.3.6 shall be limited to the following: .I costs of labor, ~ncludtng social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; .2 costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .3 rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .5 additional costs of supervision and field office personnel directly attributable to the change. 7.3.7 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 7.3.8 Pending final determination of the total cost of a Construction Change Directive to the. Owner, amounts not in dispute for such changes in the Work shall be included in Applications for Payment accompanied by a Change Order indicating the parties' agreement with part or all of such costs. For any portion of such cost that remains in dispute, the Architect will make an interim determination for purposes of monthly certification for payment for those costs. That determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subiect to the right of either party to disagree and assert a claim in accordance with Article 4- 7.3.9 When the Owner and Contractor agree with the determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adiustments, such agreement shall be effective immediately and shall be recorded by preparation and execution of an appropriate Change Order. 7.4 MINOR CHANGES IN THE WORK 7.4.1 The Architect will have authority to order minor changes in the Work not involving adiustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. ARTICLE 8 TIME 8.1 DEFINITIONS 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 Dy The American Institute of Architects. Fifteenth Edition. Reproduction of rhe material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2OO2. 28 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSUL TA TION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAy BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 8.].2 The date of commencement of the Work is the date established in the Agreement. 8.1.:~ The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 9.8. 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. 8.2 PROGRESS AND COMPLETION 8.2.] Time limits stated in the C~]tract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 8.2.2 The Contractor shall not knowingly, except by agreement or instraction of the Owner T~S DOCUMENT HAS IMPORTANT LEGAL in writing, prematurely commence operations on the site or elsewhere prior to the effective CONSEOUENCES. CONSULTATIONWITHAN date of insurance required by Article n to be furnished by the Contractor and Owner. The date ATTORNEY IS ENCOURAGED WITH RESPECT of commencement of the Work shall not be changed by the effective date of such insurance, rO IrS COMPLETION OR MODIFIeATION. Unless the date of commencement is established by the Contract Documents or a notice to AUTHENTICATION OF THIS proceed given by the Owner, the Contractor shall notify the Owner in writino not less than five EIECrRONICAI. Ly r)RA,rrEo AIA · · . ° . . DOCUI~IENT MAY BE MADE BY USING AIA days or other agreed period before commencing the Work to permit the timely filing of DOCUMENTD401. mortgages, mechanic's liens and other security interests. This document has been approved and 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve endorsed by The Associated General Substantial Completion within the Contract Time. Contractors o£ America. 8.3 DELAYS AND EXTENSIONS OF TIME 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by an act or neglect of the O*~mer or Architect, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine. 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4-3- 8.3.3 This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION 9.1 CONTRACT SUM 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES 9.2.1 Before the first Application for Payment, the Contractor shall submit to the Architect a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect ma), require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. · Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American [nstitute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 29 01997 AIAe AIA DOCUMENT A201 - 1997 GENERAL CONDITION5 OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 200064292 9.3 APPLICATIONS FOR PAYMENT 9.3.] At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment ['or operations completed in accordance with the schedule of values. Such application shall be notarized, if required, and supported by such data substantiating the Contractor's right to payment as the Owner or Architect may require, such as copies of requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the Contract Documents. 9.3.1,1 As provided in Subparagraph 7.3.8, such applications may include requests for payment on account of changes in the Work which have been properly authorized by Construction Change Directives, or kty interim determinations of the Architect, but not yet included in Change Orders. 9.3.1.2 Such applications may not include requests for payment for portions of the Work for which the Contractor does not intend to pay to a Subcontractor or material supplier, unless such Work has been performed by others whom the Contractor intends to pay. 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or entities making a clahn by reason of having provided labor, materials and equipment relating to the Work. 9.4 CERTIFICATES FOR PAYMENT 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in pan as provided in Subparagraph 9.54. 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subiect to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a .representation that the Contractor is entitled to payment in the amount certified. However, the ~ssuance of a Certificate for Payment will not be a representation that the Architect has (~) made exhaustive or continuous on-site inspections to check the quality or quantity of the ~Copyright 191], 1915, 1918, 1925, 1937, ]95], 1958, 196], 1963, 1966, ]967, 1970, 1976, 1987, © 1997 Dy The American ~nstitute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expffation as noted below. User Document: general conditions.aia *- 10/25/2001. AIA License Number 1011670, which expires on 10/31/'2002. 3O THIS DOCUMENT HA3 IMPORTANT LEGAL CONSEQUENCES. CONSUL TA TION WI TH AN ATTORNEY IS ENCOURAGED WiTH RESPECT TO ITS COMPLETION OR MODI£1CA TION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppllers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 9.5 DECISIONS TO WITHHOLD CERTIFICATION 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 9.4.2 cannot be made. If the Architect is unable to certify payment in the ~mount of the Applicatinn, the Architect will notify the Contractor and Owner as provided in Subparagraph 9.4.n If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 3.3.2, because of: .I defective Work not remedied; .2 third party claims flied or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carff out the Work in accordance with the Contract Documents. 9.5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 9.6 PROGRESS PAYMENTS 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. g.6.2 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subeontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner. 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. JCopyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subiect the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 31 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCF.~. CONSUL TA TION WI TH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT I~AY BE MADE BY USING AIA DOCUMENT D40L This document ha~ been approved and endorsed by The A~ociated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washinston, D.C. 20006-5292 9.6.4 Neither the Owner nor Architect shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. 9.6.5 Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6.2, 9.6.3 and 9.6.4. 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Proiect by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 9.6.7 Unless the Contractor proviates the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors and suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust or shall entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. 9.7 FAILURE OF PAYMENT 9.7.1 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents the amount certified by the Architect or awarded by arbitration, then the Contractor may, upon seven additional days' written notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Contract Documents. 9.8 SUBSTANTIAL COMPLETION 9.8.1 Substantial CompIetion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time · Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantiaJ quotation of its provisions without written permission of the AmA violates the copyright laws of the United States and will subject the violate to tegal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to Legal prosecution. This document was electronically produced with permission of the AiA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 32 THIS DOCUMENT HAS IMPORTANT LEGAl. CONSE OUENCE$. CONSUL FA TlON WI TH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ItS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT MAy BE MADE BY USING AIA DOCUMENT l:)401. Th~ document has been approved and endorsed by The Associated General Contractors of America. 01997 AIA® AIA DOCUMENT A201 - 1D97 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 173S New York Avenue, N.W. Washington, D.C. 20006-S292 within which the Contractor shall finish all items on the list accompany/ng the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 9.9 PARTIAL OCCUPANCY OR USE 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer as required under Clause n.4a.5 and authorized by public authorities having iurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. 9.9.3 Llnless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.10 FINAL COMPLETION AND FINAL PAYMENT 9.10.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Subparagraph 9ao.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AJA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.ala - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2OO2. 33 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCE$. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIPICATION. AUTHENTICATION OF THIS ELECTRONICAU. y DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved aad endorsed by The Associated General Contractors o[ America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institule of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ~ canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, clakns, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Ifa Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, inclu~ng all costs and reasonable attorneys' fees. 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially · delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 9.10.4 The making of finaI payment shall constitute a waiver of Claims by the Owner except those arising from: .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10, IA The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub-subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United 5tares and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2OO1. AIA License Number 1011670, which expires on 10/3'u~OO2. 34 AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washinglon, D.C. 20006-5292 10.2,2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. 10.2.3 The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adiacent sites and utilities. 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for e~acution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 1o.2.1.2 and lo.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Clauses lo.2.1.2 and lo.2.1.3, except damage or loss attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 3.18. 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. 10.2,7 The Contractor shall not load or permit any part of the construction or site to be loaded so as to endanger its safety. 10.3 HAZARDOUS MATERIALS 10.3.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not lhnited to asbestos or polychlofinated bipbenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. 10.3.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who 'are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut-down, delay and start-up, which adjustments shall be accomplished as provided in Article 7. ~Copyright 1911, )9151 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2OO1. AIA License Number 1011670, which expires on 10/31/2OO2. 35 THIS DOCUMENT HAS IMPORTANT LEGAL CONEEOUENCE$. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED ,MA DOCUMENT MAY BE MADE BY USING ,MA DOCUMENT D401. This document ~ been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C, 20006-5292 10.3.3 To the fullest e~ent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Subparagraph m.3a and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to iniury to or destruction of tangible property (other than the Work itself) and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 10.4 The Owner shall not be responsible under Paragraph ~o.3 for materials and substances brought to the site by the Contractor unless such materials or substances were required by the Contract Documents. 103 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. 10.6 EMERGENCIES 10.6.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: .1 claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; .2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; .4 claims for damages insured by usual personal injury liability coverage; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use ora motor vehicle; .7 claims for bodily injury or property damage arising out of completed operations; and .8 claims involving contractual liability insurance applicable to the Contractor's obligations under Paragraph 3ag. 11.1.2 The insurance required by Subparagraph ua4 shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be :~Copynght 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 36 THIS DOCUMENT HA5 IMPORTANT LEGAL CONSEOUENCES. CONSUL TA TION WI TH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 13401. This document has been approved and endorsed by The Associated Genera/ Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 maintained without interruption from date of commencement of the Work until date of final payment and termination of any coverage required to be maintained after final payment. 11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These certificates and the insurance policies required by this Paragraph u.~ shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional cellificate evidencing continuation of such coverage shall be submitted with the final Application for Payment as required by Subparagraph 9.m.2. Information co, interning reduction of coverage on account of revised [knits or claims paid under the General Aggregate, or both, shall be fUrnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. 11.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE 11.3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability Insurance under Clauses n.L~.2 through ua.t.5. 11.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have tothe proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. 11.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insurers on the Contractor's Liability Insurance coverage under Paragraph 11.4 PROPERTY INSURANCE 11.4.1 tlrdess otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 9ao or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph u.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project. 11.4.1.1 Property insurance shall be on an "all-risk" or equivalent policy form and shall include, without limitation, insurance against the perils of fire (with extended coverage) and ·Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AlA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 37 THIS DOCUMENT HA~ IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICAU. y DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The A~sociated General Contractors of America. Ama DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American [nstitui'e of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Architect's and Contractor's services and expenses required as a result of such insured loss. 11.4.1.2 If the Owner does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Owner shall so inform the Contractor in writing prior to commencement of the Work. The Contractor may then effect insurance which will protect the interests of the Contractor, Subcontractors and Sub-subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Owner. If the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain insurance as described above, without so notifying the Contractor in writing, then the Owner shall bear all reasonable costs properly attributable thereto. 11.4.1.':1 If the property insurance requires deductibles, the Owner shall pay costs not covered because of such deductibles. 11.4.1.4 This property insurance shall cover portions of the Work stored off the site, and also portions of the Work in transit. 11.4.1.5 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or companies providing property insurance have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING DOCUMENT D401. This document has been approved and endorsed by The ,~sociated General Contractors of America. 11.4.2 Boiler and Machinery Insurance. The Owner shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner;, this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds. 11.4.3 Loss of Use Insurance. The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. 11.4.4 If the Contractor requests in writing that insurance for risks other than those described herein or other special causes of loss be included in the property insurance policy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged to the Contractor by appropriate Change Order. 11.4.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.4.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. · Copyright 1911, 1915, 1918, 1925, 1937, 1951, )958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopy ng violates U S. copyright laws and will subject the violator to legal prosecution. This document was e ectron ca y produced with permission of the AIA and can be reproduced in accordance with your license without v o at on until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 38 AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006~ 11.4.6 Before an exposure to loss may occur, the Owner shall file with the Contractor a copy of each policy that includes insurance coverages required by this Paragraph n.4. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Proiect. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its Limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. 11.4.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (~) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their subq~ntractors, sub-subcontractors, agents and employees, for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to this Paragraph u.4 or other property insurance appLicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontractors, sub- subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or other,arise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 11.4.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insurers, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Subparagraph n.4.m. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. THIS DOCUMENT HA5 IMPORTANT L~GAL CONSEOUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by the A~sociated General Contractors of America. 11.4.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.6. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Contractor after notification of a Change in the Work in accordance with Article 7. 11.4.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection is made, the dispute shall be resolved as provided in Paragraphs 4.5 and 4.6. The Owner as fiduciary shall, in the case of arbitration, make settlement with insurers in accordance with directions of the arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distribution. 11.5 PERFORMANCE BOND AND PAYMENT BOND 11.5.1 The Owner shall have the right to require the Contractor to furnish bonds covering faithful performance of the Contract and payment of obligations arising thereunder as stipulated in bidding requirements or specifically required in the Contract Documents on the date of execution of the Contract. ,Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violales the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2001. AIA License Number 1011670, which expires on 10/31/2OO2. 39 AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 11.5.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specificaIly requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor's expense unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 BEFORE OR AFTER SUBSTANTIAL COMPLETION 12.2.1.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. 12.2.2 AFTER SUBSTANTIAL COMPLETION 12.2.2.] In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 9.9.x, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Paragraph 2.4. 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 12.2.2.:1 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Paragraph m.2. 12.2.:1 The Contractor shall remove from the site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 lay The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopy ng violates U.S. copyright laws and will subject the violator to legal prosecution. This document was e ectronically produced with permission of the AIA and can be reproduced in accordance with your license without v olation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 40 THIS DOCUMENT HA~ IMPORTANT LEGAL CONSEQUENCES. CONSUL TATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICAU. y DRAFTED AIA DOCUMENT MAY BE MADE BY USING A/A DOCUMENT D401. This document has been approved ard endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20OO6~ 12.2.4 The Contractor shall bear the cost of correcting destroyed or dama§ed construction, whether completed or partially completed, of the Owner or separate contractors caused by the Contractor's correction or removal of Work which is not in accordance with the requirements of the Contract Documents. 12.2.5 Nothing contained in this Paragraph x2.2 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents. Establishment of the one-year period for correction of Work as described in Subparagraph 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may ~ sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. 12.3 ACCEPTANCE OF NONCONFORMING WORK 12.3.1 If the Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract 5urn will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW 13.1.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 SUCCESSORS AND ASSIGNS 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligatiom contained in the Contract Documents. Except as provided in Subparagraph neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to an institutional lender providing construction financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under the Contract Documents. The Contraaor shall execute all consents reasonably required to facilitate such assignment. 13.3 WRITTEN NOTICE 13.3.1 Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. 13.4 RIGHTS AND REMEDIES 13.4,1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a Limitation of duties, obligations, fights and remedies otherwise imposed or available by law. 13.4.2 No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. · Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AJA violates the copyright haws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopyin8 violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia - 10/25/2001. AIA License Number 1011670, which expires on 10/31/2002. 41 THIS DOCUMENT HA~ IMPORTANT LEGAL CON~EOUENCF-S. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS EI.~CTRONICALLY DRAFTED A~A DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. This document has been approved and endorsed by The Associated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-9292 13.5 TESTS AND INSPECTIONS 13.5.1 Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Mckitect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. ~ 13.5.2 If the Architect, Owner or public authorities having jurisdiction determine that portions o£ the Work require additional testing, inspection or approval not included under Subparagraph 13.5.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Subparagraph 13.5.3, shall be at the Owner's expense. 13.5.3 If such procedures for testing, inspection or approval under Subparagraphs ~3.5a and 13.5.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by, such failure including those of repeated procedures and compensation for the Architects services and expenses shall be at the Contractor's expense. 13.5.4 Requked certificates of testing, inspection or approvalshall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. 13.5.5 If the Architect is to observe tests, inspections or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. 13.5.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 13.6 INTEREST 13.6.1 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. 13.7 COMMENCEMENT OF STATUTORY LIMITATION PERIOD 13.7.1 As between the Owner and Contractor: .1 Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; .2 Between Substantial Completion and Final Certificate for Payment. AS to acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of · Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright' laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopy ng v o ares U S copyright laws and will subject the violator to legal prosecution. This document was electron ca y produced with permission of the AIA and can be reproduced in accordance with your )icense without violation unt the date of expiration as noted beiow. User Document: general condifions.aia - 10/25/2OO1. AIA License Number 1011670, which expires on 10/31/2002. 42 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEOUENCES. CON~U£ FA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING A~A DOCUMENT D40L This document has been approved and endorsed by The Assodated General Contractors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5297, action shall be deemed to have accrued in any and all events not later than the date of issuance of the final Certificate for Payment; and .3 After Final Certificate for Payment. As to acts or failures to act occurring after the relevant date of issuance of the final Certificate for Payment, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the Contractor under Paragraph ~2.2, or the date of actual commission of any other act or failure to perform any duty or obligation by the Contractor or Owner, whichever occurs last. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT 14.1 TERMINATION BY THE CONTRACTOR 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 3o THIS DOCUMENT HA5 IMPORTANT LEGAL consecutive days through no act or fault of the Contractor or a Subcontractor, Sub-CO~5£OUENCgE. CO~ULTATIONWlrHAN subcontractor or their agents or employees or any other persons or entities performing portions ATTORNEY IS ENCOURAGED WITH RESPECT of the Work under direct or indirect contract with the Contractor, for any of the following ro ITS COMPLETION OR MODIFICATION. reasons: AUTHENTICATION OF THIS .1 issuance of an order of a court or other public authority having jurisdiction ELECTRONICALLYDRAFTEDAIA which requires all Work to be stopped; DOCUMENT MAY BE MADE BY USING AIA .2 an act of government, such as a declaration of national emergency which requires DOCUMENT D401. all Work to be stopped; This document has been approved and .3 because the Architect has not issued a Certificate for Payment and has not endorsed by The Associated General notified the Contractor of the reason for withholding certification as provided in Contractors o£ America. Subparagraph 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 the Owner has failed to furnish to the Contractor promptly, upon the Contractor's request, reasonable evidence as required by Subparagraph 2.2.1. 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Contractor, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph t4.3 constitute in the aggregate more than ~oo percent of the total number of days scheduled for completion, or 12o days in any 365-day period, whichever is less. 14.1.3 If one of the reasons described in Subparagraph ~4.~.~ or ~4.~.a exists, the Contractor may, upon seven days' written notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages. 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has ~ persistently failed to fulfifi the Owner's obligations under the Contract Documents with ~ respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Subparagraph 14.1.3. ~' .... a~l, ~.'~' 14.2 TERMINATION BY THE OWNER FOR CAUSE 14.2.1 The Owner may terminate the Contract if the Contracton · Qopyright 19ll, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legaI prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2OO1. AIA License Number 1011670, which expires on 10/31/2OO2. 43 AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or roles, regulations or orders of a public authority having jurisdiction; or .4 othepaise is guilty of substantial breach of a provision of the Contract Documents. 14.2.2 When any of the above reasons exist, the Owner, upon certification by the Architect that sufficient cause exists to justify Rtch action, may without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' written notice, terminate employment of the Contractor and may, subject to any prior fights of the surety: .1 take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 accept assignment of subcontracts pursuant to Paragraph 5.4; and .3 finish the Work by whatever reasonable method the Owner may deem expedient. Llpon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived~ such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. 14.3 SUSPENSION BY THE OWNER FOR CONVENIENCE 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. 14.4 TERMINATION BY THE OWNER FOR CONVENIENCE 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 14.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the Contractor shall: · 1 cease operations as directed by the Owner in the notice; ·Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general condifions.aia o- 10/29/2001. AIA License Number 1011670, which expires on 10/31/2OO2. 44 THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICAU. y DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. this document has been approved and endorsed by The Associated General Contradors of America. AIA DOCUMENT A201 - 1997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American institute of Architects 1735 New York Avenue, Washington, D.C. 2~ .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. 14.4.3 In case of such termination for the Owner's convenience, the Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. THIS DOCUMENT H,4~ IMPORTANT LEGAl. CONSEOUENCF~. CONSUL TA TION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMP~TION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLy DP~FTED AIA DOCUMENT IViAY BE MADE BY USING AIA DOCUMENT D401. Th~s document has been approved and endorsed by The Associated General Contractors of America. ~Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1967, 1970, 1976, 1987, © 1997 by The American Institute of Architects. Fifteenth Edition. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violate to legal prosecution. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: general conditions.aia -- 10/25/2OO1. AIA License Number 1011670, which expires on 10/31/2002. 45 AIA DOCUMENT A201 - I997 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 AIA121/CMC AND AGC DOCUMENT 565 - OWNER-CONSTRUCTION MANAGER AGREEMENT - lggl EDITION - AmA® - AGC - © 1991 - THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA, 1957 E STREET, N.W., WASHINGTON, D.C., 20006-5209. WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: contract.aia - 10/25/2001. A]A License Number 1011670, which expires on 10/31/2002. Electronic Format A121/CMc-1991 CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. $oroka, Ci~/~ Antonio F. Tomei, Cap~a~l P~ October 23, 2001 ects Manager Recommendation - Work Authorization No. 01-0103-009 Professional Design Services for Biscayne Lake Gardens Area Drainage Improvements November 6, 2001 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No.15414.72 to Craven Thompson and Associates, Inc. for Professional Design Services for drainage improvements to the Biscayne Lake Gardens area for an amount of $65,000.00. Design is inclusive of Biscayne Lake Gardens, NE 27th CT, NE 29~h Place, NE 201~t Terrace and NE 203rd ST. This project is included in the Capital Improvements Program for the 2001/02 fiscal year. Background The project is to be designed in accordance with the City's Capital Improvement Program approved by the City Commission and is based on the City's Stormwater Master Plan. The cost includes services pertaining to civil design, permitting, bidding, survey and construction inspection. The proposed budget is $1,550,000.00. If you have any questions or need any additional information, please feel free to contact me. WORK AUTHORIZATION NO. 01-0103-009 The City of Aventura has requested Work Authorization No. 01-0103-009 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No 01-0103-009 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Design Phase Survey .............................................................................................................. $16,500.00 Prepare Design Drawings .................................................................................. $17,000.00 Miscellaneous Coordination/Utility Locations .................................................. $4,500.00 Project Management ........................................................................................... $5,000.00 Total Design Phase 1 ....................................................................................... $43,000.00 Permitting Phase Prepare and Process Permits ............................................................................... $7,500.00 Miscellaneous Coordination ............................................................................... $2,000.00 Total Permitting Phase ..................................................................................... $9,500.00 Construction Phase Site Visits ............................................................................................................ $5,000.00 Shop Drawing Review .......................................................................................... $l,500.00 Project Closeout Documentation .......................................................................... $1,500.00 Total Construction Phase ................................................................................... $8,000.00 Reimbursable Expenses Printing, Graphics, Communications .................................................................... $2,000.00 Geotechnical ........................................................................................................ $1,500.00 Couriers, Express Mail, Etc .................................................................................. $1,000.00 Total Reimbursable Expenses ............................................................................ $4,500.00 Total Estimated Labor Expenses are ................................................................... $60,500.00 Total Estimated Reimbursable Expenses are ......................................................... $4,500.00 The time period for this work authorization will be: Design Phase ............................................................ 90 Days Permitting Phase .................................................... 120 Days Construction Services Phase (estimate) ..................... 80 Days EXHIBIT "A' Consultant shall prepare civil drawings for the City for the construction of improvements to the drainage facilities in the Biscayne Lake Gardens residential neighborhood. This estimate is based on the improvements as suggested by the City's previous engineering consultant to the NE 2034 street, NE 27th Court, NE 201~ Terrace, and NE 29th Court drainage systems surrounding the Biscayne Lake Gardens neighborhood. Consultant will more specifically perform the following: · Prepare a topographic survey of the roadways, as listed above, where drainage improvements are proposed. ,, Prepare design drawings for the installation of proposed drainage improvements as determined by Craven Thompson & Associates under Work Authorization No. 01-103-004. · Prepare and submit construction permit applications to the South Florida Water Management District and Miami-Dade Department of Environmental Resource Management, including all maps and associated drawings. · Process permit applications through agencies, including preparation of water quality design. · Miscellaneous coordination with agencies, franchise utilities, and/or City. · Construction inspection to assure conformance with specifications and drawings. ATTEST BY City Clerk Teresa M. Soroka, CMC, AAE APPROVED AS TO FORM BY City Attorney Weiss Serota 8: Helfinan, P.A. CITY: CITY OF AVENTURA, FLORIDA through its City Manager BY City Manager Eric M. Soroka day of .,2001 Notice to Proceed Yes Project Initiation Date No RECOMMENDED through its Capital Projects Manager Capital Projects Manager Antonio F. Tomei 2g dayof Oe.~, ,2001 RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-009 FOR PROFESSIONAL DESIGN SERVICES FOR THE BISCAYNE LAKE GARDENS AREA DRAINAGE IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Work Authorization No. 01-0103-009 ($65,000.00) for professional design services by and between the City and Craven Thompson and Associates, Inc. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded ., and upon being put to a vote, the vote was as follows: by Commissioner Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow Resolution No. 2001-__ Page 2 PASSED AND ADOPTED this 6th day of November, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission Disbursement of Police Forfeiture Funds November 6, 2001 City Commission Meeting Agenda Item (2 ~7 RECOMMENDATION It is recommended that the City Commission adopt the following Motion to Expend Funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $165,378 for radio system upgrade, equipment for community room, Little Acorns Programs, K-9 dog and equipment, and mobile computing hardware and software from the Police Forfeiture Fund in accordance with the City Manager's memorandum". BACKGROUND As per the attached Staff Report, the Police Chief has requested approval to appropriate Police Forfeiture Funds as follows: 2. 3. 4. 5. Phase II radio system upgrade $100,000 Tables for community room $6,250 Little Acorns Program $10,000 Bomb K-9 training and equipment $13,000 Mobile computing hardware and software $36,128 If you have any questions, please feel free to contact me. EMS/aca Attachment CC01019-01 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Thomas E. Ribel, Chief of Police October 24, 2001 Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Council approval for the expenditure of: Phase II of radio system $100,000 Tables for Community Room $6,250 Little Acorns Program $10,000 Bomb K9, training and equipment $13,000 Mobile Computing Hardware & Software $36,128 Total Expenditure Request: $165,378 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Phase II of radio system - This expenditure will upgrade and enhance our current police radio system. This upgrade will provide for the addition of consoles, which increases the capabilities of the system. Software and hardware enhancements will allow the system to operate at 100% of project specifications. Tables for Community Room - Currently the Police Department Community room is used for a variety of purposes, including the monthly COPS briefing and training. The new tables will make better use of the room space and allow for comfortable seating of persons attending the briefing or training sessions. Little Acorns - Law Enforcement Trust Fund procedures mandate that 15% of trust fund proceeds be spent on Crime & Drug Prevention programs. Little Acorns Children and Family Programs has been selected to receive a $10,000.00 donation to assist in program funding. We have sponsored this program since 1998. Bomb K9 and equipment - This expenditure would allow for the purchase of a fully trained and titled K9 that is able to detect explosives and additionally, is cross-trained as a patrol K9. The funding provides for the purchase of the K9, training of the handler, K9 equipment and other expenses. Mobile Hardware & Software - Enhancements to existing Advanced Public Safety Software to include Tow Slip, Parking Citation, Data Conversion, annual maintenance fee and 10 in-vehicle printers. TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission it ~~a~ Eric M. Soroka, C October 29, 2001 Agreement for Building, Public Works and Engineering Inspection and Plan Review Professional Consultant Services with C.A.P. Engineering Consultants, Inc. November 6, 2001 City Commission Meeting Agenda Item ~ /'Jr RECOMMENDATION It is recommended that the City Commission approve the attached Resolution authorizing execution of an Agreement for Building, Public Works and Engineering Inspection and Plan Review Professional Consultant Services with C.A.P. Engineering Consultants, Inc. BACKGROUND As previously authorized, the City Administration has negotiated a Scope of Services and Fee Schedule for the subject services with CA.P. Engineering Consultants, Inc. C.A.P. has been providing services to the City since 1996. The major points of the Agreement are as follows: (the underlined sections are new to this Agreement) City continues to employ the Chief Building Official. C.A.P. will be compensated 70% of the first $100,000 of monthly gross building permit fees collected by the City and 65% of any additional fees. The Agreement expires November 1,2004. C.A.P. will pay 100% of the cost of software and computers to implement field computer scheduling up to $10,000 per year. Building inspections will be provided within 24 hours after the City receives a request for inspection during normal business hours. Memo to City Commission Page 2 Plan reviews will be completed within ten working days after the City receives a request for plan review. The Agreement may be terminated for cause by the City or Consultant upon 14 days' notice. The City may cancel the Agreement without cause upon 120 days' written notice. The Consultant can cancel the Agreement without cause upon 180 days' notice. A modified cost sharing formula has been inserted that would take effect durinq the termination transition period. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01021-01 RESOLUTION NO. 2001-__ A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P. ENGINEERING CONSULTANTS, iNC. TO PERFORM BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED iN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of C.A.P. Engineering Consultants, Inc. be and the same is hereby appointed to perform Building, Public Works and Engineering Inspection and Plan Review Services on behalf of the City of Aventura. Section 2. The City Manager is hereby authorized to execute the attached agreement for professional services by and between the City and C.A.P. Engineering Consultants, Inc. and whereby the City agrees to the negotiated scope of services and fees. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: , who Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow Resolution No. 2001-__ Page 2 PASSED AND ADOPTED this 6th day of November, 2001. ATTEST: JEFFREY M, PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA AGREEMENT FOR BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES THIS AGREEMENT made and entered into this 1~ day of November, 2001 by and between the CITY OF AVENTURA, hereinafter referred to as "City" and C.A.P. ENGINEERING CONSULTANTS, INC., 100 Miracle Mile, Suite 300, Coral Gables, Florida 33134, a corporation, hereinafter referred to as "Consultant". IN CONSIDERATION of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. A. The Consultant agrees to provide building, public works and engineering inspection and plan review for structural, fire sprinkler, plumbing, electrical, mechanical and public works requirements as contained in the South Florida Building Code, including the Dade County amendments thereof. B. Services will be provided by personnel provided by the Consultant in accordance with the job classifications contained in Exhibit "A". All such personnel shall be and remain employees of Consultant, not City. C. The Consultant shall also provide support services as reasonably requested by the City Manager relating to organization and coordination of the various activities with City staff2 D. Both parties understand that City will employ its own Chief Building Official as defined by the South Florida Building Code. Employees of the Consultant shall coordinate their work through the City's Chief Building Official for building inspection and plan review services and with the Community Services Director for public works permit applications, review and applications. 2. FEES FOR SERVICES. The Consultant agrees to charge the City the following fees for services: A. For services provided pursuant to paragraph lA, Consultant shall be compensated with seventy percent (70%) of the first $100,000.00 of gross building and/or public works permit fee amounts collected by the City and sixty five percent (65%) of any additional permit fees collected by the City calculated on a calendar month basis. However, the Consultant shall receive only thirty five percent (35%) of the gross building and/or public works permit fee amounts for all projects owned, paid for and to be operated by the City. B. In addition to the fees described in paragraph 2A above, City shall compensate Consultant at the rate of seventy dollars ($70.00) per hour for the hours worked by the public works inspector provided by Consultant. C. For services provide pursuant to paragraph lC, Consultant shall be compensated on an hourly rate of Eighty-Five ($85.00) Dollars. D. City shall pay Consultant within thirty (30) days of invoice by Consultant. 3. TERM OF AGREEMENT. This Agreement shall become effective upon signature of both parties and shall continue in full force and effect until midnight, November 1, 2004. However, this Agreement may be extended upon mutual agreement of both parties. This Agreement may be terminated by written notice of termination provided pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS. A. All original sketches, tracings, drawings, computations, details, design, calculations, work papers and other documents and plans that result from the Consultant providing Consultant providing specified services shall be the property of the City. Upon termination of this Agreement or upon request of the City during the term of this Agreement, any and all such document shall be delivered to the City by the Consultant. B. Consultant shall provide all necessary vehicles, mobile phones or radios and equipment for their employees to perform the services required by this Agreement. C. City shall provide badges, photo I.D., workspace and telephones for all inspectors employed by Consultant to perform the services required by this Agreement. Consultant shall pay for one hundred percent (100%) of the cost of the necessary software and computers (the "Computer Equipment") to implement field computer technology up to a maximum of $10,000.00 per year. Provided this ,2004, the Equipment shall Agreement is not terminated prior to November 1 become the sole property of the City. 5. SERVICE STANDARDS. Consultant agrees to provide the services as required by paragraph lA based on the following standards for service: A. Consultant shall seek to provide building inspections within twenty-four hours after the City's Community Development Department receives a request for inspection during normal business days. B. Plan reviews shall be completed within ten working days after the Community Development Department receives a request for plan review. 6. INSURANCE. The Consultant shall at all times carry professional liability insurance, worker's compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance within minimum policy limits in the amount of One Million Dollars ($1,000,000) per occurrence, except that the dollar amount of workers' compensation coverage shall be as provided by Chapter 440, Fla. Stat. The City shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the City 30 days prior to the effective date of cancellation. 7. ASSIGNMENT. This Agreement shall not be assignable by Consultant. 8. PROHIBITION AGAINST CONTIGENT FEES. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award or making of this Agreement unless approved by the City Manager of the City of Aventura. 9. TERMINATION. This Agreement may be terminated by the Consultant upon fourteen (14) days' written notice with cause and upon 180 days written notice without cause. This Agreement may be terminated by the City upon fourteen (14) days' written notice with cause and upon 120 days written notice without cause. If this Agreement is terminated, the Consultant shall be paid for all reasonably acceptable work performed and pertinent expenses up to the date of termination. In the event of termination without cause or upon City's notification of its intention not to renew this contract no later than 150 days prior to this Agreement's scheduled termination date, the fee sharing arrangement described in paragraph 2A above shall be modified as follows: City share Consultant share Fifth month immediately preceding the termination date 40% 60% Fourth month immediately preceding the termination date 50% 50% Third month immediately preceding the termination date 60% 40% Second month immediately preceding the termination date 70% 30% First month immediately preceding the termination date 80% 20% As of the beginning of the five month termination period described above, Consultant's scope of work shall be reduced as follows. Consultant will not be required to provide inspection services on any projects where Consultant did not previously perform the plan review. 10. NONEXCLUSIVE AGREEMENT. The services to be provided by the Consultant pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the City from engaging other firms to perform the same or similar services for the benefit of the City within the City's sole and absolute discretion. 11. ENTIRE AGREEMENT. The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 12. WARRANTIES OF CONSULTANT. 4 The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the Specified Services. 13. ATTORNEYS' FEES. In the event any party hereto institutes litigation or arbitration to enforce its rights or remedies hereunder, the party prevailing in such litigation or arbitration shall be entitled to an award for costs incurred in connection with such litigation or arbitration. 14. NOTICES. All notices and communications to the City shall be in writing and shall be deemed to have been property given if transmitted by registered or certified mail, postage pre-paid, or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: CITY: Eric M. Soroka City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 CONSULTANT: Carlos A. Penin, P.E., President C.A.P. Engineering Consultants, Inc. 100 Miracle Mile, SuRe 300 Coral Gables, Florida 33134 15. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT: C.A.P. Engineering Consultants, Inc. 100 Miracle Mile, Suite 300 Coral Gables, Florida 33134 CITY City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 By: Carlos A. Penin, President By:. Eric M. Soroka, City Manager Attest: Attest: Teresa M. Soroka, CMC City Clerk Approved: City Attorney EXHIBIT "A" Job Classifications: The following job classifications will be staffed with a minimum of five (5) certified persons: Structural Plan Reviewer is certified by the Dade County Board of Rules and Appeals. This Professional Engineer performs structural review of building permit plans as mandated by the revised South Florida Building Code requirements. Chief Building Inspector is certified by the Dade County Board of Rules and Appeals. He performs all plans review and field inspection of structural, building, A.DA. and roofing components. As construction progresses, mandatory inspections are performed per requirements of the South Florida Building Code. He is responsible for supervising the inspection activities of all trades. Mechanical, Fire Sprinkler, Plumbing and Electrical Officials are delegated power by the Building Official to enforce the South Florida Building Code to interpret the Code requirements of their respective trades. Plans Examiners in reviewing permit applications remains with Miami Dade County Fire Engineering. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: City Commission Eric M. Soroka, City~.~ Brenda Kelley, Co~m'u~ October 29, 2001 ;velopment Direct'/ SUBJECT: Request of Harbour Centre Associates for Final Plat Approval 18851 NE 29 Avenue (09-SUB-01) November 6, 2001 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the "Harbour Centre" Final Plat. THE REQUEST The applicant, Harbour Centre Associates, is requesting Final Plat approval of the subject property with the intent of constructing an eleven story, 223,795 square foot office building with first floor retail/restaurant, an eight story accessory parking structure containing 1012 parking spaces and a one story retail building fronting NE 29 Avenue. This property has previously been unplatted, being referenced as a metes and bounds description. The plat is being undertaken by the applicant to comply with the Miami-Dade County Code which requires that all properties with metes and bounds legal descriptions be platted. (See Exhibit #1 for Letter of Intent, Applicant Representative Affidavit and Business Relationship Affidavits) BACKGROUND OWNER OF PROPERTY Harbour Centre Associates LOCATION OF PROPERTY Office Building 18851 NE 29 Avenue Retail Building 18801 NE 29 Avenue Parking Structure 2911 NE 188 Street (see Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph) SIZE OFPROPERTY Approximately 3.84 acres LEGAL DESCRIPTION Part of the South ¼ of Section 3, Township 52 South, Range 42 East (see Exhibit f14 for complete legal description) THE PROJECT The applicant is proposing to construct an office building, separate parking structure and separate retail building at the northeast corner of NE 188 Street and NE 29 Avenue. Site plan approval for the building was originally issued on November 17, 1998 in compliance with the terms and conditions of variance approval granted by Resolution No. 98-88. Approval of a site plan revision was issued on April 20, 2001 following variance approval granted by Resolution No. 2000-68. ANALYSIS Site Plan - A site plan for this development was administratively approved by the City on November 17, 1998. Revisions to the site plan were administratively approved on April 20, 2001. Tentative Plat - The tentative plat for this property was given administrative approval by the City on March 8, 2000 and by the Miami-Dade County Plat Committee on August 4, 2000. Zoning - The site is zoned TC1, Town Center District, according to the City of Aventura Zoning Map. This development was approved prior to enactment of the City's Land Development Regulations and was therefore evaluated using the former Miami-Dade County zoning criteria. Future Land Use Designation - The adopted City of Aventura Comprehensive Plan designates the site as Town Center. Access - The site is accessed from NE 29 Avenue and NE 188 Street, which are both public roads. 2 Fortin, Leavy, Shies, Inc. Conlultlng Englneerl, Surveyors & Mlpporo Daniel C. Fo~tln, PSM Vice President ~}lffill W. L~lvy, PSM Sec./Treasurer 180 Northeast 168th Street North Miami Beach,. FJpr~r~62-3412 Phone 3(3~5S-4493'"' Fax 305-651-7152 SEP 1 S 2001 City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 Re: Harbour Centre- 18851 N. E. 29th Avenue, Aventura, FL 33180. (Proposed) LETTER OF INTENT Gentlemen, This letter is written and furnished to the City of Aventura as inducement for acceptance and approval of the enclosed application for Final Plat / Subdivision Development. Harbour Centre Associates proposes to build and provide office space for lease to various professionals and businesses who desire an Aventura address and the prestige it brings to everyone involved in the South Florida Community. Such development will augment the existing office parks in the surrounding area by providing necessary competition to a market lacking in office space, causing local property managers to take a close look at the amenities, which they currently provide their leaseholders without creating a glut to the market. We believe that the requested development will serve a public benefit by providing desperately needed office space to the City of Aventura, and will further expand its corporate citizen tax base. This development will specifically improve the neighborhood property values by providing a facelift to a property that has been in disrepair for quite sometime and will increase the "Personal Property" Corporate Tax Base by attracting more businesses to the City of Aventura. Sincerely yours, Fortin, Leavy, Skiles, Inc. Daniel C.°Fortin, PSM Vice President EXHIBIT #i 990635Letter of Intent,doc 09-SUB-01 PAGE 7 ~oo? p.6 J 0CT-29-2001 M0N 05:25 PM FROM:Lauris Boulanger Inc FAX:3059400107 10/~9/01 IO~ 1S:38 FAX 8OIJ 551 7158 FORTI~ L~VY 8~1~$ PAGE 8 ~ ~ M~i~lmkmm~ k Illk 8 /,OlO0~'6~O[:XV,~ ~vl ~alu~I"°8 s!'~l"l:~OIf'l Il'/L~:60 II~i IO0~,-Z:I-/30 00T-29-2001MOR 05:26 PM FROM:Lauris Boul~nger Inc FAX:B059400107 10/20/01 MO~ 1[:37 FAX. 305 611 7152 FOR?IN LEAVy ll:04a By:~ _ (P~ PAGE 11 ~o~2 p. lO 0CT-29-2001 M0N 05:26 PM COUNTY ~ ~W~-") Oct. 28 O1 11:04. a p.9 RELATIONSHIP AFFIDAVIT* This Nfidavit is made pu~.__~, t ~o Se~on 31-71{b)(2){ii) d ~ ~ d A~ ~ ~ ~. T~ ~ ~ ~ [ ]2. ~t ~ d~ ~t It ~ ~ a B~ ~a~p ~ · ~ ~ ~ C~ ~ ~a ~ ~ ~ ~ ~ ~ ~ an ~ inter in e~ d 1% ~ ~1 ~ ~ ~ ~ ~Es~ ~ ~ ~ ~ ~ ~ e~) ~nt~ ~t ~ ~ in a~ ~ ~; [Iii. T~ ~i~nt ~ R~E~ is a Clie~ of a ~ ~ ~ Q~ ~ ~ ~ ~ a Client ~ a~ ~1 ~ ~m ~e ~ ~ or for ~ ~ e~r as ~ ~ ~ ~ ~ ~i~t ~ R~n~6ve is a Cus~of ~ ~ ~ ~ C~ ~lon ~ ~ (~ ~ his ~ ~r ~) a~ ~ ~ ~n $10,~.~ of ~ ~ ~ ~ ~ of ~ CiW ~ ~ B~ (~ h~ ~ ~ e~ in a gi~n ~l~r ~ [~. ~r. ¢1 WI~ESS ~ ~ ~IS ~ OAY OF ,2~1. PROPERTY OWNER; By:. ($ign~ure) Name:. [Pdnt) 'flUe: (Pdnf) 'The terms 'Business Rela~onship,' 'C, Jen~' 'Customer. · 'Applicant,' 'Representa~ve' end 'interested Pe~on' am defined in SecUon 2.395 of the Aventura ~ Code, (Signe~ure .(Print) (P~fnt) By. (Signature) By: (Signature Name:. (P~nt) Name: Tit]e: (Print) Til~e: .(Prnt) B~. (Signature) By. (Signature Name:. (Prir~ Name: (Rfnt) Ti~e: (Prnt) Title: .(Print) By: .($ignafure) By: (Signature Name: (Print) Name: Tit]e: (Print) . Title: .(Print) By:. (Signature) By: (Signature Name: (Print) Name:. (Print) Title:. .(Print) ~tle: (Pdnt) By:.. .(Signature) By:. (Signature Name: .(Print) Name: (Print) T~e:_ .(Print) Title: (Prfnt) Note: Use duplicate sheets if disclosure infomm'don for Representative varies. Oct 2B O1 ll:04a p. 11 NOTARIZATION PROVISION STATE OF FLORIDA COUNTY OF MIAMIOADE) SWORN to aNO susscri~D bel~e m. ,~ ~ m~ ot 0C/~&E4 %',~,~e'~ Expires June 08.2004 AFFIANT STATE OF FLORIDA COUNTY OF MIN~-DADE) AFFIAN1 SWORN TO AND SU~RIBED bofo~e me this dey of No~aiy Public State d Flodda Al Large P~led Name of Notary My commission ex~ires:_ STATE OF FLORIDA ) COUNTY Of: MIAMI-DADE) the Affiant, who being lirst by me dMy sworn, did swam o~ affirm that AFFIANT No~aly Pt~ic Slale d Fkmde Al Large Pdnied Name of Nolaly SWORN TO AND SUBSCRI~D before me this day of STATE OF FLORiOA ) COUNTY OF MIAMI4)ADE) Bofme me. the undmsigned authofily, personalty aRoeared the Affiant, who being li~l by me duly sworn, did swear ~- affi~ ti~al AFF~ SWORN TO AND SUBSCRIBED before me this day of 2001. Nola,y Public Stale of Flanda Al La~e My commissk~ expires: BLI~INE~ RELA'IIOI~HIP AFFIDAVI1TM P^O~ 9 Iii, ~'8 E:/..9~ i~E~L SOE~ e,aAue:3 .~nocl.~eH 890:10 TO OE: AoO OC~'~80l FO~?IN ,~AVy 8~IU~$ W. IO E.c{ ELgE E6L SO~ ad~uo3 dnoqd~H e{90:IO I00E ¥'d E£gE EBL GOE a~%uaD ~noq~eH dLO:lO lO OE %o0 iON J$:38 FAX 305 8Si 715J T'ORTIN I.F. AVY SKII.ES PAGE 9 ARQ - 'flue (,~,~. : OCT 3 0 2001 C'd 8~9~ ~G~ ~OC eJ~ue3 JnoqJeH d~O~TO TO DE ARQ SiTE EXHIBIT #2 LEGEND -- 09-SUB-01 EXHIBIT #3 09-SUB-01 LEGAL DESCR)PllON: PORTION OF THE SOUTH 1/2 OF SECIION 3, IOWNSHIP 52 SOUTH, RANGE 42 EAST, BDNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMk4ENCE AT THE CENTER OF SECTION 3, TOWNSHIP ,52 SOUTH, RANGE 42 EAST, THENCE NORTH 89 DEGREES 50 kilNUTES ,5,5 SECONDS WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAiD SECTION 3, FOR 670.26 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3; THENCE SOUTH O0 DEGREES 39 MINUTES 25 SECONDS EAST, ALONG THE )NEST UNE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR llO?.ll !FEET; THENCE NORTH 89 DEGREES 20 M(NUTES 35 SECONDS EAST FOR 70.00 FEET; THENCE NORTH O0 DEGREES 39 MINUTES, 25 ISECONDS WEST ALONG A UNE 70.00 FEET F_mASTERLY OF AND PARALLEL W[TH THE WEST UNE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 35.00 FEET TO THE PO(HT OF BEGINNING OF THE FOLLOWING DESCRBED PARCEL OF LAND; THENCE NORTH 89 DEGREES 20 1,4~NUTES 3,5 SECONDS EAST FOR 428.41 FEET; THENCE NORTH O0 DEOREES 39 MINUTES 2,5 SECONDS WEST FOR 204.05 FEET; THENCE NORTH O0 DEGREES 03 M(NUTES 15 SECONDS EAST FOR 125.00 FEE'[ THENCE NORTH 89 DEGREES 56 MINUTES 45 SECONDS WEST FOR 430.00 FEET; THENCE SOUTH O0 DEGREES 39 MINUTES 25 SECONDS EAST ALONG A LINE 70.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST I/4 OF THE SOUTHWEST 1/4 OF ) S,aJD SECTION 3 FOR 394.38 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN DADE COUNT(, FLORIDA. LESS AND EXCEPT THAT 25 FOOT PAD(US RETURN BEING PORTION OF THE SOUTH i/2 OF SECTION 5, TOWNSHIP 52 SOUTH, RANGE 42 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SECTION 3. TOWNSHIP 52 SOUTH, RANGE 42 EAST, THENCE NORTH 89 DEGREES 50 MINUTES 55 SECONDS WEST ALONG THE NORTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 670.26 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST I/4 OF SECTION 3; THENCE SOUTH O0 DEGREES 39 lalNUTES 25 SECONDS EAST, ALONG THE WEST UNE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 1107.11 FEET; THENCE NORTH 89 DEGREES 20 MINUTES 35 SECONDS EAST FOR 70.00 FEET; THENCE NORTH O0 DEGREES 39 MINUTES, 25 SECONDS WEST ALONG A UNE 70.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE Nsg'30'25'E ALONG THE NORTHERLY RIGHT OF WAY UNE OF N.E. 188TH STREET FOR 24.99 FEET TO THE EASTERLY END OF A CIRCULAR CURVE WHOSE RADIUS POINT BEARS NOO'39'25"W FRO~I SAID POINT BEING CONCAVE NORTHEASTERLY; THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89'58'57' FOR AN ARC DISTANCE OF 39.26 FEET TO A POINT OF CUSP WITH THE EASTERLY RIGHT OF WAY LINE OF N.E. 29TH AVENUE; THENCE S00'39'25"E ALONG SAID EASTERLY RIGHT OF WAY LINE FOR 24.99 FEEl TO THE POINT OF BEGINNING. EXHIBIT #4 09-SUB-01 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "HARBOUR CENTRE" PLAT, BEING A PLAT OF A PORTION OF LAND IN THE SOUTH ~ OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Harbour Centre Associates, by and through Application No. 09-$UB-01, has requested Final Plat approval for 'Harbour Centre", being a plat of a portion of land in the S Y2 of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated herein by reference and made a part of this Resolution as Exhibit #1; and WHEREAS, the City Commission heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, and finds that the Final Plat approval is in the best interests of the citizens of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Final Plat approval for "Harbour Centre", more particularly described in Exhibit #2 attached to this resolution, is hereby granted exclusively to the Applicant. Section 2. The City Manager and City Clerk are hereby authorized to sign the face of the Plat. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Resolution No. 2001- Page 2 Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Manny Grossman Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 6th day of November, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,2001. CITY CLERK PORTION OF THE SOUTH I/2 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, THENCE NORTH 89 DEGREES 50 MINUTES 55 SECONDS WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 670.26 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3; THENCE SOUTH O0 DEGREES 39 MINUTES 25 SECONDS EAST, ALONG THE WEST UNE OF THE EAST 1/2 OF THE NORTHEAST I/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 1107.11 !FEET; THENCE NORTH 89 DEGREES 20 I~INUTES 35 SECONDS EAST FOR 70.00 FEET; THENCE NORTH O0 DEGREES 39 MINUTES, 25 iSECONDS WEST ALONG A UNE 70.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST UNE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHV~EST 1/4 OF SAID SECTION 3 FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE NORTH 89 DEGREES 20 MINUTES 35 SECONDS EAST FOR 428.41 FEET; THENCE NORTH O0 DEGREES 39 MINUTES 25 ISECONDS WEST FOR 264.05 FEET; THENCE NORTH O0 DEGREES 03 bIINUTES 15 SECONDS EAST FOR 125.00 FEET; THENCE NORTH 89 I DEGREES 56 MINUTES 45 SECONDS WEST FOR 430.00 FEET; THENCE SOUTH O0 DEGREES 39 MINUTES 25 SECONDS EAST ALONG A LINE )70.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST UNE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF 'SAID SECTION 3 FOR 394.38 FEET TO THE POINT OF BEGINNING, ALL LYING AND BEING IN DADE COUNIY, FLORIDA. LESS AND EXCEPT THAT 25 FOOT RADIUS RETURN BEING PORTION OF THE SOUTH 1/2 OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, BEING MORE PA~RTICULARLY DESCRIBED AS FOLLOWS: COMUENCE AT THE CENTER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, THENCE NORTH 89 DEGREES 50 MINUTES 55 SECONDS WEST ALONG THE NORTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 670.25 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 3; THENCE SOUTH O0 DEGREES 39 MINUTES 25 SECONDS EAST, ALONG THE WEST UNE Of THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3, FOR 1107.11 FEET; THENCE NORTH 89 DEGREES 20 MINUTES 35 SECONDS EAST FOR 70.00 FEET; THENCE NORTH 00 DEGREES 39 MINUTES, 25 SECONDS WEST ALONG A UNE 70.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST UNE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/t OF SAID SECTION 3 FOR 35.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL OF LAND; THENCE N89"30'25"E ALONG THE NORTHERLY RIGHT OF WAY LINE OF N.E. 188TH STREET FOR 24.99 FEET TO THE EASTERLY END OF A CIRCULAR CURVE WHOSE RADIUS POINT BEARS N00'39'25~ FROM SAID POINT BEING CONCAVE NORTHEASTERLY; THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89"58'57" FOR AN ARC DISTANCE OF 3§.26 FEET TO A POINT OF CUSP WITH THE EASTERLY RIGHT OF WAY LINE OF N.E. 29TH A\~NUE; THENCE S00'39'25'E ALONG SAID EASTERLY RIGHT OF WAY LINE FOR 24.99 FEET TO THE POINT OF BEGINNING. EXHIBIT 2 TO RESOLUTION NO. 2001- CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, Brenda Kelley, Cbmm~elopment Dire~ October 29, 2001 Small scale amendment to the City's Comprehensive Plan to change the land use designation of four adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to Medium High Density Residential. (02-CPA-01 - Small Scale Amendment) November 6, 2001 Local Planning Agency Agenda Item dr November 6, 2001 City Commission Meeting Agenda Item January 8, 2002 City Commission Meeting Agenda Item __ RECOMMENDATION It is recommended that the City Commission: 1 ) approve the small scale Comprehensive Plan amendment to change the land use designation of four adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to Medium High Density Residential; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST City staff is requesting a small scale Comprehensive Plan amendment to change the land use designation of four adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to Medium High Density Residential to facilitate a rezoning of the parcels from TC2 (Town Center Marine District) to RMF3B (Multifamily Medium Density Residential District). BACK~ OWNER OF PROPERTIES: 3000 NE 188 Street 3020 NE 188 Street 3131 NE 188 Street 3161 NE 188 Street NAME OFAPPLICANT LOCATION OFPROPERTY SIZE OF PROPERTIES 28-2203-000-0390 Racing Properties Ltd. 28-2203-000-0410 Curry Industries Inc. 28-2203-000-0297 Racing Properties Ltd. 28-2203-000-0010 Racing Properties Ltd. City of Aventura See Exhibit #1 for location map and Exhibit ~2 for aerial photo Approximately 7.19 acres DESCRIPTION/BACKGROUND This past year, the City Commission has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). The City's consultants, Wallace Roberts & Todd also attended these sessions to discuss overall recommendations for Thunder Alley as it relates to future development of the Town Center, mixed-use development on the Loehmann's site. Staff and the City Commission have discussed the overall uses of the two areas and how the two areas would link and function as separate mixed-use developments or a continuation of one mixed-use development. During these meetings, staff has recommended that the City Commission consider the following: 1. Is there a market for the overall proposed retail and office proposed in the City's Land Development Regulations for the existing TC1 and TC2 districts?; and 2. The overall creation of mixed-use development on the Loehmann's site and extending down NE 188 Street (disrupted continuation because of the Harbour Center development and the self-storage fadlity) may be spreading the retail and office uses over such a large land mass (approximately 1325 linear feet on both sides of the street) that there was a concern that the commercial uses on NE 188 Street may struggle due to the removal of this area from the overall "downtown" developed on the Loehmann's site; and 3. A higher density residential component may be required on the Loehmann's site, than previously suggested by staff, so as to help support the large amount of commercial uses in this area; and 4. Office and retail uses on the waterfront may not be the highest and best use of this presently underutilized land; and 5. Property owners in the area were inclined to sell their properties to prospective developers. Interest has been continually expressed to the property owners by residential developers for multi-family development. This supports infill development guidelines in an area designated as a transportation concurrency exception area. 2 Because of these considerations and recommendations, and following discussion by the Commission, staff was instructed to proceed with a phased comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed- use, town center in the Loehmann's area. The existing uses on these parcels include existing marine industry facilities; a vacant lot where employees of the marine industry uses park their vehicles; and a concrete manufacturing facility. These present uses, while not entirely water-dependent or water- related, are private businesses that do not provide general access to the public of the water and/or views. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Industrial and Office Town Center Medium High Density Residential Business and Office Town Center Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: TC2, Town Center Marine District RMF3, Multi-Family Medium Density Residential District RMF3, Multi-Family Medium Density Residential District RMF3A, Multifamily Medium Density Residential Distdct TC2, Town Center Madne District TC2, Town Center Marine District Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: vacant lot, marine industry, concrete manufacturing residential residential marine industry marine industry, vacant buildings Access - Access to each parcel is from NE 188 Street. Access easements are presently in place. Conformity to City Comprehensive Plan - The amendment is consistent with policies in the Future Land Use, Transportation and Coastal and Conservation elements of the City's Comprehensive Plan. More specifically: 3 Future Land Use Element Policy 8.2 Applications to amend the City's Future Land Use P/an map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issuesj and in particular the extent to which the proposalj if approved, would: 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; Recent population figures provide information that the City is continuing to grow and the median age is growing younger. With this growth in population, the need for housing grows. Previous discussions by the City Commission addressed concerns that there may not be a need, and the local economy may not be able to support, the commercial (retail and office) and marine industry uses presently permitted in the subject property area. Enhance or impede provision of services at adopted LOS Standards; Traffic - The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. Water - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. Sewer - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. Mass Transit - A bus transit facility is located at Aventura Mall, approximately % mile from the subject properties. The proposed residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Parks and Recreation - The City presently exceeds LOS standards for park space. Additionally, the subject properties are within walking distance of both Founder's Park and the City's proposed Community Recreation Facility, a public property obtained after the adoption of the City's Comprehensive Plan. Stormwater Drainage - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially 4 decreased with the proposed amendment. Therefore, provision of services will be enhanced. Solid Waste - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and The proposed amendment is compatible with abutting and nearby land uses and, not only protects, but is anticipated to enhance the character of the neighborhood. 4. Enhance or degrade environmental or historical resources, features or systems of significance. The proposed amendment will enhance the environmental systems in that the proposed residential uses will provide access for residents of the City to existing waterfront properties through view corridors, living units and/or pedestrian promenades along the water. Policy 8.3 The City shall strive to accommodate residential development in suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. The proposed amendment will accommodate residential development in suitable locations and densities along the waterfront; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. Policy 10.1 Aventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass transit supportive development and mixed use projects to promote energy conservation. The proposed amendment will facilitate redevelopment of substandard or underdeveloped areas and permitted mixed-use development. 5 Policy 12.1 All proposed Comprehensive Plan amendments that increase density (population) shall be required to submit, at the time of application, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, ~996, or as may be amended from time to time. Policy 12.2 The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceeding ~ 2 hours. Address Lot Size Increase ~n Population Overall Increase Density Factor in Population 3000 NE 188 St 1.126 ac 10 du/ac 1.64 18 3020 NE 188 St 2.63 ac 10 du/ac 1.64 43 3131 NE 188 St 2.18 ac 10 du/ac 1.64 36 3161 NE 188 St 1.25 ac 10 du/ac 1.64 20 Totals 7.19 ac 71 117 The South Florida Regional Planning Council prepared an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times using the 1996 South Florida Hurricane Evacuation Study Model. It was determined that the maximum increase in dwelling units resulting from the proposed amendment would be 71 and the resulting change in clearance is quite insignificant, a 2 minute increase. That clearance time increases the present 11.36 hours to 11.39 hours. Transportation Element Policy ~.5 The City will develop transportation management strategies, such as (but not limited to) traffic calming techniques and neighborhood design concepts to improve efficiency and enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated multi-modal transportation system. The proposed amendment, and associated rezoning and street improvements, will provide for a safer roadway in that pedestrian traffic and vehicle traffic will be separated through the construction of sidewalks, which do not presently exist. The neighborhood design concepts will provide pedestrian promenades along the water, thereby further separating pedestrian traffic from vehicle traffic. The proposed residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policy 4.3 Transit service shall be linked to major trip attractors and generators and the transportation disadvantaged. Transit service shall be located such that they are safe and convenient to transit users. The proposed amendment will allow for redevelopment of residential uses adjacent to an area which allows for mixed-use development. Any new residential 6 development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policy 4.4 Transit service will be located in areas which the future land use map will support transit service, such as town center, transit terminals, commercial areas and higher density residential areas. The proposed amendment will allow for redevelopment of residential uses adjacent to the town center area. Any new residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policy 4.6 Sidewalks shall link residential development to transit stops and shelters. NE 188 Street is presently a two-lane, non-sidewalked, dead-end street. The City is presently proceeding with design and development of a 23,000 SF community recreational facility on the north side of the east end of the street, and street improvements that will provide sidewalks. Presently there is no public transportation provided on this street, nor is there adequate pedestrian accessibility. The community recreational facility and the town center area will be providing transit stops and shelter. The proposed amendment will allow for redevelopment of residential uses adjacent to the town center area and the City's community recreational facility. Any new residential development will be required to provide pedestrian linkage to or transit service facilities through the use of sidewalks and/or waterfront promenades. Conservation and Coastal Management Element Policy 9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of transportation (traffic) services, thereby maintaining the adopted levels of service on local roadways to achieve a reasonable evacuation time. Policy 12.1 Shoreline uses within Aventura shall be prioritized according to the fo/lowing order: 1. Conservation uses 2. Water-dependent uses 3. Water-related uses 4. Uses not dependent or related to shoreline access 7 In the priority listing shown above, the City presently owns a three (3) acre site, and is in the process of designing for construction a community recreational facility at the tip of NE 188 Street, directly on the water. This facility is scheduled to open in late 2002. This facility will not only provide access to the water by all residents of the City, but will also provide open space/passive areas on the site. This use will conserve the site for use by the general public. Furthermore, the City is in the process of obtaining, adjacent to the community recreation facility site, a three (3) acre parcel in order to construct a much needed charter elementary school. This facility is scheduled to open for the school session in 2003. These two (2) facilities will operate as joint-use facilities and together will provide access to the shoreline/waterfront to all residents of the City. In the backup information for the City's adopted comprehensive plan, the water- dependent and water-related uses were identified as the seven (7) marine industry/marinas on NE 188 Street and NE 185 Street. However, as the City Commission is aware, these property owners are marketing their properties for sale. Staff discussions with the present marine use tenants and/or property owners included discussions that it was hard to operate their businesses with residential uses across the canals because of the noise and smells; many of the industry businesses do not depend on the water because they trailer their boats to other areas to put them in the water, if required. Therefore, what the Commission originally wished to preserve as water-dependent or water-related uses may not be realistic as evidenced by the present owners' desires to sell and move. Furthermore, the present uses on the site restdct access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. Policy 12,4 Amendments to the Future Land Use Plan Map shall not reduce the proportion of shoreline properties dedicated to water-dependent uses or reduce the access of water-dependent uses to such properties. The present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. 8 Policy 12.5 Amendment to the Future Land Use Plan Map shall not reduce the proportion of shoreline properties dedicated to water related uses or reduce the access of water-related uses to such properties. The present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. Policy 12.6 New multi-family residential development, contiguous to the shoreline, shall be water dependent, water related, or at a minimum shall include environmentally compatible shoreline access facilities such as walkways, piers, and viewing areas with landscaping grouped or spaced for views of and from the water. The proposed amendment will require that residential redevelopment provide view corridors to the water and pedestrian walkways/promenades along the waterfront. Furthermore, as an extension of the town center, and as support to the City's community recreational facility, which facility will provide walkways, piers and viewing areas, pedestrian walkways and linkage of uses through the multi-family residential districts will be required. Traffic Generation - The City's traffic engineers have prepared traffic generation information relative to existing counts, previous approved uses, existing permitted uses and the proposed amendment. The following information is calculated according to the general land area as specified in each table. Proposed trips generated by the elementary school and community recreation facility are also provided. Vehicle Trips AM Peak PM Peak per Day NE 188 Street Generation 1,101 130 142 Existing Trips Total 17.69 acres Zoning Category Vehicle Trips per Day Applications Area Miami-Dade County Zoning IU-2 (industrial) 10,743 Existing City Zoning TC-2 (mixed use) 44,675 Proposed City Zoning RMF3B and RMF3A 4,290 (residential) 9 Total 6.03 acres Vehicle Trips AM Peak PM Peak (Comm. Rec. Facility and per Day Charter Elem. school sites) Community Recreation Facility 1,102 204 196 and Charter Elementary School IU-2 (MDC industrial zoning) 3,667 484 516 OP and CF existing City zoning 3,848 584 485 Part of the Larger Plan - As previously discussed in this report, the City Commission has reviewed the overall concept and future of this area of the City, including the Loehmann's area, the City's proposed Community Recreation Facility and adjacent school site, and all surrounding properties. The City Commission has determined that the proposed residential uses are an integral part in providing support and vitality to the proposed mixed- use, town center development to the west of NE 188 Street. The City's consultants advised that the existing zoning on these properties (TC-2) provided for retail and office uses that may not have been economically feasible and, in fact, may have spread these commercial uses into areas that could not support their intensity and location. School - The City is proceeding with the construction of a charter elementary school on the north side of NE 188 Street, east of the proposed amendments area. The proposed residential uses on this street support the need for an elementary school and actually provide much more compatible uses for the school versus the existing commercial, manufacturing and marine uses presently allowed on the street. Furthermore, the anticipated decrease in traffic generation through reduced vehicle trips per day provides for much more compatible uses and significant impact on increased traffic safety on the street. Conformity to City Land Development Regulations - The proposed amendment will facilitate a proposed rezoning from TC2, Town Center Marine District to RMF3B (Multifamily Medium Density Residential District). Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. /staff reports/02-CPA-01 comp plan SCD2 10 3131 EXHIBIT #t ORDINANCE NO. 2002 - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR FOUR (4) PARCELS LOCATED AT 3000, 3020, 3131 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMI'I-I'AL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the subject property Industrial and Office, consistent with the existing Miami-Dade County Comprehensive Plan; and WHEREAS, City staff is requesting a small scale Comprehensive Plan amendment, through Application No. 02-CPA-01, to change the land use designation of four adjacent parcels on NE 188 Street totaling 7.19 acres from Industrial and Office to Medium High Density Residential; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject properties from Industrial and Office to Medium High Density Residential; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan to the extent the application is granted herein; and Ordinance No. 2002- Page 2 WHEREAS, this residential land use small scale amendment meets the residential density criteria pursuant to Chapter 163.3187(c)(1)(f) Fla. Stat.; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map Designation. The future land use map designations of four (4) parcels totaling approximately 7.19 acres located at 3000 NE 188 Street (Folio Number 28-2203-000-0390) and 3020 NE 188 Street (Folio Number 28-2203-000-0410) and 3131 NE 188 Street (Folio Number 28-2203- 000-0297) and 3161 NE 188 Street (Folio Number 28-2203-000-0010) (see Exhibit "A" for property locations) are hereby changed from Industrial and Office to Medium High Density Residential. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance Ordinance No. 2002- Page 3 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Comprehensive Plan. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 6. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Ordinance No. 2002- Page 4 Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED on first reading this 6th day of November, 2001. PASSED AND ADOPTED on second reading this 8th day of January, 2002. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this __ day of .,2002. CITY CLERK N EXHIBIT "A" TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission Eric M. Soroka~t!f.~age1 Brenda Kelley,"Comm~E~velopment Dire(~ October 29, 2001 Creation of a new multifamily residential zoning district RMF3B, Multifamily Medium Density Residential District permitting thirty-five (35) dwelling units per acre and accompanying site development standards; and amendment to the site development standards in the RMF3A, Multifamily Medium Density Residential District. (01-LDR-01) November 6, 2001 Local Planning Agency Agenda Item ~ November 6, 2001 City Commission Meeting Agenda Item January 8, 2002 City Commission Meeting Agenda Item __ RECOMMENDATION It is recommended that the City Commission: 1) approve the amendment to the City's Land Development Regulations in order to create of a new multifamily residential zoning district RMF3B, Multifamily Medium Density Residential District permitting thirty-five (35) dwelling units per acre and accompanying site development standards; and 2) approve amendments to the City's Land Development Regulations in order to provide revised and/or additional standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium Density Residential District. THE REQUEST City staff is requesting an amendment to the City's Land Development Regulations in order to create a new multifamily residential zoning district RMF3B, Multifamily Medium Density Residential District permitting thirty-five (35) dwelling units per acre and accompanying site development standards; and to provide revised and/or additional standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium Density Residential District. DESCRIPTION/BACKGROUND This past year, the City Commission has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). The City's consultants, Wallace Roberts & Todd also attended these sessions to discuss overall recommendations for Thunder Alley as it relates to future development of the Town Center, mixed-use development on the Loehmann's site. Staff and the City Commission have discussed the overall uses of the two areas and how the two areas would link and function as separate mixed-use developments or a continuation of one mixed-use development. During the meetings, staff has recommended that the City Commission consider the following: 1. Is there a market for the overall proposed retail and office proposed in the City's Land Development Regulations for the existing TCl and TC2 districts?; and 2. The overall creation of mixed-use development on the Loehmann's site and extending down NE 188 Street (disrupted continuation because of the Harbour Center development and the self-storage facility) may be spreading the retail and office uses over such a large land mass (approximately 1325 linear feet on both sides of the street) that there was a concern that the commercial uses on NE 188 Street may struggle due to the removal of this area from the overall "downtown" developed on the Loehmann's site; and 3. A higher density residential component may be required on the Loehmann's site, than previously suggested by staff, so as to help support the large amount of commercial uses in this area; and 4. Office and retail uses on the waterfront may not be the highest and best use of this presently underutilized land; and 5. Property owners in the area were inclined to sell their properties to prospective developers. Interest has been continually expressed to the property owners by residential developers for multi-family development. This supports infill development guidelines in an area designated as a transportation concurrency exception area. Because of these considerations and recommendations, and following discussion by the Commission, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed-use, town center in the Loehmann's area. One component associated with the rezoning of these parcels is the creation of a new zoning district to allow thirty-five (35) dwelling units per acre. ANALYSIS Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. Creation of a new zoning district with site development standards consistent with the City Commission's vision is legally required in order that developers may submit development proposals that comply with the City code. 2 2. The proposed amendment Comprehensive Plan. The proposed amendment Comprehensive Plan. is consistent with the goals and objectives of the is consistent with the goals and objectives of the The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. As discussed during the planning and visioning sessions, the proposed amendment furthers the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it creates a new zoning district that provides density and site development standards consistent with the City Commission's visions for the City. Proposed RMF3B Zoning District Requirements~: Sec. 31-143. Residential Zoning Districts... (.q) Multi - Family Medium Density Residential Districts (RMF3B). The following regulations shall apply to all RMF3B districts: (1) Purpose of District. The purpose and intent of this district is to provide suitable sites for the development of well-planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed thirty-five (35) units per .qross acre. (2) Uses Permitted. No building or stp_,cture, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of th~ followin s__~.q.~itic uses: (a) Sin,qle family dwellin,qs. ~ Underlined provisions constitute proposed additions to existing text; st~ provisions indicate proposed deletions from existing text. 3 (b) Two - family dwellin,qs. (c) Triplexes and Quadruplexes (d) Townhouses (e) Low Rise Apartments (t') All uses permitted in CF district. (~) Publicly owned recreation buildin,qs and facilities, play.qrounds, playfields and parks (h) Uses acce~_~ory to any of the above uses when located on the same plot. (3) Conditional Uses Permitted. (a) Uses that exceed the hei,qht limitations. (4) Site Development Standards. (a) Minimum Lot Area and Width: Duplexes: Each dwellin,q of a two family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area. Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where tow~house dwellin.qs are desil:lned, arran~:led and constructed for the ownership of each dwellin.q unit and the land thereunder by a separate and different owner, each dwellinf:l unit may be located on a lot not less than 20 feet in width, and 6u feet in depth. Ee,'~ dwellin,q unit of a Quadruplex shall be located on a lot of minimum of 1,600 feat. Low Rise Apartments: Not less than 100 feet in width and 16,000 square feat in plot area. (b) Maximum Hei,qht: Structure parkin.q shall be counted in comoutin~ buildin.q hei,qht. Duplexes: 2 stories or 25'. Townhouses: 3 stories or 35'. Low Rise Apartments: 4 stories or 45'. (c) Plot Covera,qe: The combined plot area covered by all principal and accessory buildin.qs shall not exceed 40% of the area of the lot. (d) Setbacks: Front Yards: Principal buildin,qs frontin.q the public ri,qht-of-way, between one and two stories, shall be setback at least 10 feet. Principal buildin~ls frontin,q the public ri.qht-of-way, three stories in hei,qht, shall be setback at least 15 feet. Principal buildin~ls frontinf:l the public rif:lht-of-way, four stories in hei,qht, shall be setback at least 20 feet. For those principal buildin,qs not frontin,q the public d.qht-of-way, 5 feet additional setback shall be added for each floor of the buildinf:l. (Structure parkin,q shall be counted in computin,q buildin~ height). Side Yards: Townhouse and Duplexes: Principal Structure 10 feat where applicable. Upon comer plots in all zonin.q districts included in this section there shall be a front yard as herein specified, and in addition thereto, a side yard at least 20 feat in width on the side of the plot abuttin~l on the side street. Low Rise and Mid Rise Apartments: 25 feat in depth. Rear Yards: Principal buildin,qs, between one and two stodes, shall be 4 setback at least 15 feet. Principal buildings three or more stories in hei,qht shall be setback at least 20 feet. (e) Minimum Distances Between Buildings: Principal buildings between one and two stodes shall be separated by at least 10 feet at the closest point. Principal buildin,qs three stories in hei,qht shall be separated by at least 1~ feet at the closest point. Principal buildings four stories shall be separated by at least 20 feet at the closest point. Additionally, for each townhouse building which exceeds six units in any one ,qroup, a minimum of five feet for each unit exceeding six shall be added to the minimum building separation. (Structure parking shall be counted in computing buildin(~ heiQht). (f) Minimum Floor Areas: The minimum floor area not includin(~ ~ara~e or (g) (h) O) unairconditioned areas shall be as follows: Sin,qle-family unit: 1000 square feet. Multiple family dwellin,q unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed twenty (20) percent of the total number of units within a buildin,q. Minimum Open Space: 35% of the total lot area. Said open space shall be unencumbered with any st~_,~ure or off-street parkinR, and shall be landscaped and well maintained with ,qrass, trees, and shrubbery. Pedestrian walkways and promenade may be counted towards open space at the discretion,of the Director or desi,qnee. Accessibility: All multi - family development projects within the zonir~:l distdct shall provide a walkway that links buildinRs and parkin,q areas to onsite amenities. Floor Area Ratio: The floor area ratio shall not exceed the followin.q, provided, however, that structure parkinR shall not count as a part of the floor area, but shall be counted in computinR buildinR hei,qht. Height of Building Floor Area Ratio 1 story 0.30 2 stow 0.50 3 story 0.75 4 story 0.90 (5) Above,qround Stora,qe Tanks. Above,round Stora,qe Tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storin,q fuel for emer,qency ,qenerators. ASTs must conform to the followin,q requirements: (a) Be of 550 ~allons capacity or less. (b) Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Manaplement. 5 (6) (6) (7) (c) Be fully screened by a masonry or concrete wall with a self-closin.q and Iockin,q metaI door or .clate. Such wall shall be landscaped in accordance with the CiW's Landscape Code. (d) Be located in a manner consistent with the site development standards of the RMF3A zonin.q district. Installation of any AST shall require a buildin,q permit from the City. Application for buildin,q permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supportin.q documentation as deemed necessary by the City Mana,qer or desi,qnee. Architectural Desi,qn Standards. The followin~l concepts shall ,quide development in this district, in addition to other applicable architectural desi,qn standards found in the Land Development Re,qulations: a. Mediterranean desi,qn features shall be used includin,q, but not limited to barrel tile roofs. b. Chan~es in massin,q in the buildin,q form(s) shall be incorporated in the overall development design includin.q, but not limited to facades and roof lines. c. Architectural projections shall be incorporated into the buildin,q desi,qn includin,q, but not limited to awnin~ls, canopies, balconies and columns. d. Exterior colors used shall be li,qht earth tone schemes or other color palettes that may be approved by the City Commission~ Pedestrian Promenades. Pedestrian promenades for use by the Reneral public shall be provided alon.q the waterfront. Such promenade shall be a minimum of 10' in width and shall include linka,qe of separate development parcels, public use parcels and public sidewalks alon,q public rieht(s)-of-wav. View corridors to bay or ocean. All sites abuttin,q a waterway shall maintain a visual pa_~sa,qeway area unencumbered with any structure or off-street parkin~ area. This view corridor shall extend from the waterway to the street most nearly parallel to the mean hi~qh tide line. The width of this view corridor shall equal an aRRreRate area of 20 percent of the avera,qe of two fronta,qes on either end of the view corridor, to a maximum of 100 feet. Each corridor shall not be less than 10 percent of the required view corridor. 6 Proposed revisions to the RMF3A Zoning District Requirements: Sec. 31-143(e)(3)... Setbacks: Front yards: Minimum of 25 feet in depth. For those properties on NE 188 Street, the following standards shall apply: Front Yards: Principal buildings fronting the public right-of-waY, between one and two stories, shall be setback at least 10 feet. Principal buildings fronting the public right-of-way, three stories in height, shall be setback at least 15 feet. Principal buildings fronting the public right-of-way, four stories in height, shall be setback at least 20 feet. Principal buildings fronting the public right-of-way, five or more stories in height, shall be setback at least 25 feet. For each additional story in height above 7 stories, 5 feet shall be added to the setback. For those principal buildings not fronting the public right-of-way, 5 feet additional setback shall be added for each floor of the building. (Structure parking shall be counted. in computing buildinQ heiQht). Rear yards: Minimum of 25 feet. For those properties on NE 188 Street, the following standards shall apply: Principal buildings, between one and two stories, shall be setback at least lb feet; principal buildings three or more stories in height shall be setback at least 20 feet. Minimum Distances Between Buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. For those properties on NE 188 Street the followin,q standards shall apply: Principal buildings between one and two stories shall be separated by at least 10 feet at th~ closest point. Principal buildings three stodes in height shall be separated by at leas[ 15 feet at the closest point. Principal buildings four stories shall be separated by a[ least 20 feet at the closest point. Principal buildings five or more stories shall bu separated by at least 25 feet at the closest point. For each additional story in hei~lhl. above 7 stories, 5 feet shall be added to the building separation. Additionally, for ead~ townhouse building which exceeds six units in any one group, a minimum of five feel. for each unit exceeding six shall be added to the minimum building separation. (Structure parking shall be counted in computing buildina heiaht). (5) Architectural Design Standards. For those properties on NE 188 Street, the following concepts shall guide development in this district, in addition to other applicablu architectural design standards found in the Land Development Regulations: 7 a. Mediterranean design features shall be used includin,cl, but not limited to barrel tile roofs. b. Changes in massing in the building form(s) shall be incorporated in the overall development design including, but not limited to facades and rooflines. c. Architectural projections shatl be incorporated into the buildin,q design includin,q, but not limited to awnin,qs, canopies, balconies and columns. d. Exterior colors used shall be light earth tone schemes or other color palettes that may be approved by the City Commission. (6) Pedestrian Promenades. For those properties on NE 188 Street, pedestrian promenades for use by the general public shall be provided along the waterfront. Such promenade shall be a minimum of 10' in width and shall include linka,qe of separate development parcels, public use parcels and public sidewalks aionR public ri(3ht(s)-of-wav. /staff reports/01 -LDRq31 amend LDR RMF3B 8 § 31-143 AVENTURA CODE (4) Height of Building Floor Area Ratio 4 story 0.80 storage tanks. Aboveground storage tanks (AST) as an accessory use and only for the must conform to Be of 550 g or less. Be installed and c under as a storing fuel for uirements: the Miami-Dade County c. Be fully screened by metal door or gate. Such Landscape Code. d. Be located in a consistent with RMF3 zonin Installation o , AST shall req building by a site plan concrete wall with a serf-closing and locking accordance with the City's development standards of the City. Application for of the AST to property lines, the primary structure served by any other within 300 feet as well as a landscape plan prepared by licensed or landscape architect and other supporting documentation as necessary by the City Manager or designee. (e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations shall apply to all RMF3A Districts: (1) Purpose of district. The purpose and intent of this district is to provide suitable sites for the development of well planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed 45 units per gross acre. (2) Uses permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. Two-family dwellings. b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in any one group. d. Low rise apartments. e. Mid rise apartments. f. All uses permitted in CF District. g. Publicly owned recreation buildings and facilities, playgrounds, playfields and parks. h. Uses accessory to any of the above uses when located on the same plot. Supp. No. 5 CD31:66 LAND DEVELOPMENT REGULATIONS § 31-143 (3) Site development standards. a. Minimum lot area and width: 1. Duplexes: Each dwelling of a two-family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area. 2. Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where townhouee dwellings are designed, arranged and constructed for the ownership of each dwelling unit and the land thereunder by a separate and different owner, each dwelling unit may be located on a lot not less than 20 feet in width, and 80 feet in depth. Each dwelling unit of a quadruplex shah be located on a lot of rninlmum of 1,600 feet. 3. Low- and mid-rise apartments: Not less than 100 feet in width and 16,000 square feet in plot area. Maximum height: 1. Duplexes: Two stories or 25 feet. 2. Townhouses: Three stories or 35 feet. 3. Low-rise apartments: Four stories or 45 feet. 4. Mid-rise apartments: Seven stories or 80 feet. Plot coverage: The combined plot area covered by all principal and accessory buildings shall not exceed 40 percent of the area of the lot. Setbacks: 1. Front yards: Minimum of 25 feet in depth. 2. Side yards: i. Town_house and duplexes: Principal structure ten feet where applica- ble. Upon corner plots in all zoning districts included in this section there shall be a frontyard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street. ii. Low-rise and mid-rise apartments: 25 feet in depth. iii. Rear yards: Minimum of 25 feet. e. Floor areas: The minimum floor area not including garage or unairconditioned areas shall be 1,500 square feet. f. Minimum distances between buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. g. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows: Mnitiple-family dwelling unit: Efficiency unit: 800 square feet. Supp. No. 5 CD31:67 § 31-143 AVENTURA CODE (4) One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 20 percent of the total number of units within a building. h. Minimum open space: 35 percent of the total lot area. Said open space shall be unencumbered with any structure or off-street parking, and shall be landscaped and well maintained with grass, trees, and shrubbery. i. Accessibility: All molt[family development projects within the zoning district shall provide a walkway that links buildings and parking areas to ousite amenities. j. Floor area ratio: The floor area ratio shall not exceed the following, provided, however, that structure parking shall not count as a part of the floor area, but shall be counted in computing building height. Height of Building Floor Area Ratio 1 story 0.30 2 story 0.50 3 story 0.75 4 story 0.90 5 stow 1.05 6 story 1.25 7 story 1.50 Aboveground storage tanks. Aboveground storage tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: a. Be of 550 gallons capacity or less. b. Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. Be fully screened by a masonry or concrete wall with a self-closing and locking metal door or gate. Such wall shall be landscaped in accordance with the Cites Landscape Code. d. Be located in a manner consistent with the site development standards of the RMF3A zoning district. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other Supp. No. 5 CD31:68 LAND DEVELOPMENT REGULATIONS § 31-143 (2) structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. (f) Multifamily High Density Residential Districts (RMF4). The following regulations ~ to all RMF4 Districts. of districts. The purpose and intent of this district is to the development of well-planned, environmentally compatible residential use in areas consistent with the Land Use Element. Densities shall not exceed 60 units No building or structure, or part thereof, shall be altered or part for other than one or more following specific a. All uses in the RMF3 District. b. High rise c. Ail uses permitted the CF District. d. Publicly owned and parks. e. ALF. f. Uses accessory to any of the (3) Site development standards. a. Minimum lot area and 1. Duplexes, Districts. 2. High-riee Not less than 100 ~n width and 16,000 square feet in plot ~ ~ b. Maximum heir: x~ 1. Dup~es: Two stories or 25 feet. ~ 2. To)y~nhouses: Three stories or 35 feet. ~ 3. ~gh-rise apartments: 40 stories or 400 feet. ~ Ea/eh proposed building or structure which exceeds _100_ f~t in height'~all be d~signed and situated such that the shadow created by the sun at 12:00 no~ on /December 21 ?.sun angle of 41 degrees) will not f_all on_ _m)_ y_ adjacent prop&~v / except for public road rights-of-way. Shadow studies shall be provided to th~ C~om. munity Dev~elopment Department. ~ Plot coverage: The combined plot area covered by ali principal and accessory buildings shall not exceed 40 percent of the area of the lot. [apartments]: As required in the playgrounds, playfields and when located on the same plot. Supp. No. 5 CD31:69 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO CREATE A NEW MULTIFAMILY RESIDENTIAL ZONING DISTRICT ENTITLED RMF3B, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT, PERMITTING THIRTY-FIVE (35) DWELLING UNITS PER ACRE AND ACCOMPANYING SITE DEVELOPMENT STANDARDS; AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN ORDER TO PROVIDE FOR ADDITIONAL AND REVISED SITE DEVELOPMENT STANDARDS IN THE MULTIFAMILY MEDIUM DENSITY DISTRICT; PROVIDING FOR PROVIDING FOR INCLUSION IN PROVIDING FOR AN EFFECTIVE DATE. RMF3A, RESIDENTIAL SEVERABILITY; THE CODE; visioning sessions to discuss future development possibilities in the City. Pursuant to these sessions, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some pamels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed- use, town center in the Loehmann's area; and WHEREAS, the City of Aventura is desirous of creating a new multifamily residential zoning district RMF3B, Multifamily Medium Density Residential District permitting thirty-five (35) dwelling units per acre and accompanying site development standards; and WHEREAS, the City of Aventura is desirous of revising and providing additional standards for those properties on NE 188 Street zoned RMF3A, Multifamily Medium Density Residential District; and WHEREAS, the City Commission of the City of Aventura has held planning and Ordinance No. 2002 - Page 2 WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan and intended use of the land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section1. That the City's Land Development Regulations are hereby amended so as to create a new multifamily residential zoning district entitled RMF3B, Multifamily Medium Density Residential District, permitting thirty-five (35) dwelling units per acre and accompanying site development standards, as follows~: Sec. 31-143. Residential Zoning Districts... (q) Multi - Family Medium Density Residential Districts (RMF3B). The followinq requlations shall apply to all RMF3B districts: (1) Purpose of District. The purpose and intent of this district is to provicl,~ suitable sites for the development of well-planned, environmentally compatible medium density multifamily residential use in areas consistent with the City's Comprehensive Plan Future Land Use Element. Densities shall not exceed thirty-five (35) units per qross acre. (2) Uses Permitted. No buildinq or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of ~ [.Jnderlined provisions constitute proposed additions to existing text; :tr!c~c.-. through provisions indicate proposed deletions from existing text. Ordinance No. 2002 - Page 3 the followin.q specific uses: (a) Sinqle family dwellinqs. (b) Two - family dwellinRs. (c) Triplexes and Quadruplexes (d) Townhouses (c) Low Rise Apartments (f) All uses permitted in CF district. (g) Publicly owned recreation buildin,qs and facilities, play.qrounds, playfields and parks (h) Uses accessory to any of the above uses when located on the same plot. (3) Conditional Uses Permitted. (a) Uses that exceed the hei,qht limitations. (4) Site Development Standards. (a) Minimum Lot Area and Width: Duplexes: Each dwellinq of a two family structure shall be located on a plot not less than 60 feet in width and 4,000 square feet in area. Townhouses: Not less than 160 feet in width and 16,000 square feet in plot area. Where townhouse dwellinqs are desiqned, arranqed and constructed for the ownership of each dwellin,q unit and the land thereunder by a separate and different owner, each dwellin,q unit may be located on a lot not less than 20 feet in width, and 60 feet in depth. Each dwellin,q unit of a Quadruplex shall be located on a lot of minimum of 1,600 feet. Low Rise Apartments: Not less than 100 feet in width and 16,000 square feet in plot area. (b) Maximum Heiqht: Structure parkinq shall be counted in computinq buildinq heiqht. Duplexes: 2 stories or 25'. Townhouses: 3 stories or 35'. Low Rise Apartments: 4 stories or 45'. (c) Plot Coveraqe: The combined plot area covered by all principal and accessory buildin,qs shall not exceed 40% of the area of the lot. (d) Setbacks: Front Yards: Principal buildings frontinq the public riqht-of-way, between one and two stories, shall be setback at least 10 feet. Principal buildinqs frontin,q the public riqht-of-way, three stories in heiRht, shall be setback at least 15 feet. Principal buildinqs frontinq the oubtic ri(3ht-of-way, four stories in heiqht, shall be setback at least 20 feet. For those principal buildinqs not frontinq the public right-of- way, 5 feet additional setback shall be added for each floor of the Ordinance No. 2002 - Page 4 (e) (f) buildinq. (Structure parkin.q shall be counted in computing buildinq height). Side Yards: Townhouse and Duplexes: Principal Structure 10 feet where applicable. Upon corner plots in all zoninq districts included in this section there shall be a front yard as herein specified, and in addition thereto, a side yard at least 20 feet in width on the side of the plot abutting on the side street. Low Rise and Mid Rise Apartments: 25 feet in depth. Rear Yards: Principal buildings, between one and two stories, shall be setback at least 15 feet. Principal buildings three or more stories in height shall be setback at least 20 feet. Minimum Distances Between Buildings: Principal buildinqs between one and two stories shall be separated by at least 10 feet at the closest point. Principal buildings three stories in height shall be separated by at least 15 feet at the closest point. Principal buildinqs four stories shall be separated by at least 20 feet at the closest point. Additionally, for each townhouse buildinq which exceeds six units in any one .qroup, a minimum of five feet for each unit exceeding six shall be added to the minimum building separation. {Structure parkinq shall be counted in computing building heiqht). Minimum Floor Areas: The minimum floor area not includin~l ~araqe or unaimonditioned areas shall be as follows: Sinqle-family unit: 1000 square feet. Multiple family dwelling unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed twenty {20) percent of the total number of units within a building. (g) Minimum Open SPace: 35% of the total lot area. Said open space shall be unencumbered with any structure or off-street parkinq, and shall be landscaped and well maintained with .qrass, trees, and shrubbery. Pedestrian walkways and promenade may be counted towards ooen space at the discretion of the Director or designee. (h) Accessibility: All multi - family development projects within the zonin.q district shall provide a walkway that links buildin.qs and parkinq areas to onsite amenities. (i) Floor Area Ratio: The floor area ratio shall not exceed the followinq, provided, however, that structure parkinq shall not count as a part of the floor area, but shall be counted in computinq buildinq heiqht. Height of Buildinq Floor Area Ratio Ordinance No. 2002 - Page 5 1 story 0.30 2 story 0.50 3 story 0.75 4 StOry 0.90 (5) Aboveground Storage Tanks. Aboveground Storage Tanks (AST) are permitted as a conditional use only as an accessory use and only for the purpose of storinq fuel for emerqency qenerators. ASTs must conform to the followinq requirements: (a) Be of 550 gallons capacity or less. (b) Be installed and operated under a valid permit from the Miami-Dade County Department of Environmental Resources Management. (c) Be fully screened by a masonry or concrete wall with a self-closinq and Iockinq metal door or gate. Such wall shall be landscaped in accordance with the City's Landscape Code. (d) Be located in a manner consistent with the site development standards of the RMF3A zoning district. Installation of any AST shall require a buildinq permit from the City. Application for buildinq permit shall be accompanied by a site plan indicatinq the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or desiqnee. (6) Architectural Desiqn Standards. The following concepts shall guide development in this district, in addition to other applicable architectural desiQn standards found in the Land Development Requlations: a. Mediterranean desiqn features shall be used including, but not limited to barrel tile roofs. b. Chan(3es in massinq in the building form{s) shall be incorporated in the overall development desiqn including, but not limited to facades and rooflines. c. Architectural projections shall be incorporated into the building design including, but not limited to awninqs, canopies, balconies and columns. d. Exterior colors used shall be liqht earth tone schemes or other color palettes that may be approved by the City Commission. (6) Pedestrian Promenades. Pedestrian promenades for use by the qeneral public shall be provided alonq the waterfront. Such promenade shall be a minimum of 10' in width and shall include linkage of separate development parcels, public use parcels and public sidewalks along public · 3= .I= Ordinance No. 2002 - Page 6 ri(3ht(s)-of-wav. (7) View corridors to bay or ocean. All sites abuttin,q a waterway shall maintain a visual passa,qeway area unencumbered with any structure or off-street parkinR area. This view corridor shall extend from the waterway to the street most nearly parallel to the mean hiRh tide line. The width of this view corridor shall equal an aRRre,qate area of 20 pement of the avera,qe of two fronta.qes on either end of the view corridor, to a maximum of 100 feet. Each corridor shall not be less than 10 percent of the required view corridor. Section 2. That the City's Land Development Regulations are hereby amended so as to revise and provide additional site development standards for those properties on NE 188 Street zoned RMF3A, Multifamiiy Medium Density Residential District, as follows: Sec. 31-143(e)(3)... Setbacks: Front yards: Minimum of 25 feet in depth. For those properties on NE 188 Street, the followin,q standards shall apply: Front Yards: Principal buildinqs frontinq the public ri.qht-of-wa¥, between one and two stories, shall be setback at least 10 feet. Principal buildin.qs frontin.q the public ri.qht-of-way, three stories in heiqht, shall be setback at least 15 feet. Principal buildinqs frontinq the public riqht-of-wa¥, four stories in hei.qht, shall be setback at least 20 feet. Principal buildings frontina the Public riaht-of-wav, five or more stories in heiqht, shall be setback at least 25 feet. For each additional stow in heiqht above 7 stories, 5 feet shall be added to the setback. For those principal buildin,qs not frontinq the public riqht-of-wa¥, 5 feet additional setback shall be added for each floor of the buildinq. (Structure parkinq shall be counted in computinq buildin(3 hei(~ht). Rear yards: Minimum of 25 feet. For those properties on NE 188 Street, the followin.q standards shall apply: Principal buildinas, between one and two stories, shall be setback at least 15 feet: orinciDal buildinas three or more stories in heiaht shall be setback at least 20 feet. Ordinance No. 2002 - Page 7 Minimum Distances Between Buildings: Principal buildings shall be separated by at least 30 feet at the closest point or by the sum of the building heights divided by two, whichever is greater. For those properties on NE 188 Street the followin.q standards shall apply: Principal buildinqs between one and two stories shall be separated by at least 10 feet at the closest point. Principal buildin.qs three stories in heiqht shall be separated by at least 15 feet at the closest point. Principal buildin.qs four stories shall be separated by at least 20 feet at the closest point. Principal buildin.qs five or more stories shall be separated by at least 25 feet at the closest point. For each additional stow in hei.qht above 7 stories, 5 feet shall be added to the building separation. Additionally, for each townhouse buildin.q which exceeds six units in any one qroup, a minimum of five feet for each unit exceedinq six shall be added to the minimum buildinq separation. (Structure parkin.q shall be counted in computin.q buildin.q heiqht). (5) Amhitectural Desiqn Standards. For those properties on NE 188 Street, the followinq concepts shall .quide development in this district, in addition to other applicable architectural desiqn standards found in the Land Development ReRulations: a. Mediterranean desi.qn features shall be used includinq, but not limited to barrel tile roofs. b. Chanqes in massinq in the buildin.q form(s) shall be incorporated in the overall development desiqn includinq, but not limited to facades and rooflines. c. Architectural projections shall be incorporated into the buildinq desiqn includin.q, but not limited to awninqs, canopies, balconies and columns. d. Exterior colors used shall be liqht earth tone schemes or other color palettes that may be approved by the City Commission. (6) Pedestrian Promenades. For those properties on NE 188 Street, pedestrian promenades for use by the qeneral public shall be provided alon.q the waterfront. Such promenade shall be a minimum of 10' in width and shall include linkaqe of separate development parcels, public use parcels and public sidewalks alonq public ri.qht(s)-of-way. Section 3. Severabilltv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any Ordinance No. 2002 - __ Page 8 reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner .and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Ordinance No. 2002 - __ Page 9 Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED on first reading this 6th day of November, 2001. PASSED AND ADOPTED on second reading this 8th day of January, 2002. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,2002. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka~~, r Brenda Kelley, Comm~)evelopment Direc~ October 29, 2001 Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District; and Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for two (2) parcels of land located at 3025 and 3161 NE 188 Street from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District. (01-REZ-01) November 6, 2001 Local Planning Agency Agenda Item ~/C November 6, 2001 City Commission Meeting Agenda Item ~7~..~ January 8, 2002 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1 ) Approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District; and 2) Approve an amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for two (2) parcels of land located at 3025 and 3161 NE 188 Street from TC2, Town Center Madne District to RMF3B, Multifamily Medium Density Residential District. THE REQUEST City staff is requesting 1. Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District (see Exhibit "A" for property location); and 2. Amendment of the Official Zoning Map of the City of Aventura by amending the zoning designation for two (2) parcels of land located at 3025 and 3161 NE 188 Street from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District (see Exhibit "B" for property location). BACKGROUND OWNER OF PROPERTIES: 2950 NE 188 Street 3025 NE 188 Street 3161 NE 188 Street 28-2203-000-0291 Alfred R Chouinard II 28-2203-000-0161 Fort Apache Inc. 28-2203-000-0310 Alfred R Chouinard NAME OF APPLICANT City of Aventura LOCATION OF PROPERTY See Exhibits "A" and "B" for location maps and Exhibit #2 for aerial photo SIZE OF PROPERTIES Approximately 7.66 acres DESCRIPTION/BACKGROUND This past year, the City Commission has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). The City's consultants, Wallace Roberts & Todd also attended these sessions to discuss overall recommendations for Thunder Alley as it relates to future development of the Town Center, mixed-use development on the Loehmann's site. Staff and the City Commission have discussed the overall uses of the two areas and how the two areas would link and function as separate mixed-use developments or a continuation of one mixed-use development. During the meetings, staff has recommended that the City Commission consider the following: 1. Is there a market for the overall proposed retail and office proposed in the City's Land Development Regulations for the existing TC1 and TC2 districts?; and 2. The overall creation of mixed-use development on the Loehmann's site and extending down NE 188 Street (disrupted continuation because of the Harbour Center development and the self-storage facility) may be spreading the retail and office uses over such a large land mass (approximately 1325 linear feet on both sides of the street) that there was a concern that the commercial uses on NE 188 Street may struggle due to the removal of this area from the overall "downtown" developed on the Loehmann's site; and 2 3. A higher density residential component may be required on the Loehmann's site, than previously suggested by staff, so as to help support the large amount of commercial uses in this area; and 4. Office and retail uses on the waterfront may not be the highest and best use of this presently underutilized land; and 5. Property owners in the area were inclined to sell their properties to prospective developers. Interest has been continually expressed to the property owners by residential developers for multi-family development. This supports infill development guidelines in an area designated as a transportation concurrency exception area. Because of these considerations and recommendations, and following discussion by the Commission, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed-use, town center in the Loehmann's area. The existing uses on these parcels include existing marine industry and boat storage facilities; a vacant building, sometimes used for boat storage; and a vacant lot with two existing small, vacant, abandoned structures. The present uses, while not entirely water- dependent or water-related, are private businesses that do not provide general access to the public of the water and/or views. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Industrial and Office Town Center Medium High Density Residential Business and Office Town Center Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: TC2, Town Center Marine District RMF3, Multi-Family Medium Density Residential District RMF3, Multi-Family Medium Density Residential District RMF3A, Multifamily Medium Density Residential District TC2, Town Center Marine District TC1, Town Center District Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: vacant lot, marine industry, boat storage residential residential marine industry, concrete manufacturing office, restaurant and self storage facility 3 Access - Access to each parcel is from NE 188 Street. Access easements are presently in place. Conformity to City Comprehensive Plan - The proposed amendment is conditioned on a Comprehensive Plan amendment to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential to facilitate a rezoning of the parcels from TC2 (Town Center Marine District) to RMF3A (Multifamily Medium Density Residential District) and RMF3B (Multifamily Medium Density Residential District). Standards for reviewing proposed amendments to the Official Zoning Map: 1. The proposed amendment is consistent with goals, objectives and policies of the City's Comprehensive Plan. The proposed amendment will be consistent with goals, objectives and policies of the City's Comprehensive Plan provided the City Commission approves an amendment to the land use designations for these parcels from Industrial and Office to Medium High Density Residential. 2. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. The proposed zoning district is compatible with the surrounding area's zoning designation(s) and existing uses. 3. The subject property is physically suitable for the uses permitted in the proposed district. The subject properties are physically suitable for the uses permitted in the proposed district. 4. There are sites available in other areas currently zoned for such use. There are sites available in other areas currently zoned for the RMF3A uses, however, the rezoning of the sites to RMF3B is conditioned on the City Commission's approval to amend the Land Development Regulations to create this new zoning district. 5. If applicable, the proposed change will contribute to redevelopment of an area in accordance with an approved redevelopment plan. As discussed during planning and visioning sessions, as referenced in this report, the proposed change will contribute to redevelopment of an area in accordance with a redevelopment plan. 4 6. The proposed change would adversely affect traffic patterns or congestion. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. The proposed change would adversely impact population density such that the demand for water, sewers, streets, recreational areas and facilities, and other public facilities and services would be adversely affected. Address Lot Increase in Population Overall Increase in Size Density Factor Population 2950 NE 188 St 3.04 ac 20 du/ac 1.64 99 3025 NE 188 St 3.59 ac 10 du/ac 1.64 59 3161 NE 188 St 1.03 ac 10 du/ac 1.64 17 Totals 7.66 ac 175 As shown on the above table, the proposed change has a minimal affect on population density and actually decreases the demand for water, sewers, streets, and other public facilities and services compared to the presently permitted uses. 1. Whether the proposed change would have an adverse environmental impact on the vicinity. The proposed change will not have an adverse environmental impact on the vicinity. 2. Whether the proposed change would adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. The proposed change will not adversely affect the health, safety, and welfare of the neighborhood or the City as a whole. Traffic Generation - The City's traffic engineers have prepared traffic generation information relative to existing counts, previous approved uses, existing permitted uses and the proposed amendment. The following information is calculated according to the general land area as specified in each table. Proposed trips generated by the elementary school and community recreation facility are also provided. Vehicle Trips AM Peak PM Peak per Day NE 188 Street Generation 1,101 130 142 Existing Trips 5 Total 17.69 acres Zoning Category Vehicle Trips per Day Applications Area Miami-Dade County Zoning IU-2 (industrial) 10,743 Existing City Zoning TC-2 (mixed use) 44,675 Proposed CityZoning RMF3B and RMF3A 4,290 (residential) Total 6.03 acres Vehicle Trips AM Peak PM Peak (Comm. Rec. Facility and per Day Charter Elem. school sites) Community Recreation Facility 1,102 204 196 and Charter Elementary School IU-2 (MDC industrial zoning) 3,667 484 516 OP and CF existing City zoning 3,848 584 485 Part of the Larger Plan - As previously discussed in this report, the City Commission has reviewed the overall concept and future of this area of the City, including the Loehmann's area, the City's proposed Community Recreation Facility and adjacent school site, and all surrounding properties. The City Commission has determined that the proposed residential uses are an integral part in providing support and vitality to the proposed mixed-use, town center development to the west of NE 188 Street. It was determined by the City's consultants that the existing zoning on these properties (TC-2) provided for retail and office uses that may not have been economically feasible, and in fact, may have spread these commercial uses into areas that could not support the intensity and location. School - The City is proceeding with construction and management of a charter elementary school on the north side of NE 188 Street, east of the proposed amendments area. The proposed residential uses on this street support the need for an elementary school and actually provide much more compatible uses for the school versus the existing commercial and marine uses presently allowed on the street. Furthermore, the anticipated decrease in traffic generation through reduced vehicle trips per day provides for much more compatible uses and significant impact on increased traffic safety on the street. /staff reportsJO1-REZ-01 rezoning NE 188 St SCD1 6 N 19200 2999 UNNAMED 3025 2950 RE GE EXHIBIT "A" N 19200 2999 UNNAMED 3025 2950 'RE 8 GE EXHIBIT "B" LOEHMANNS EXHIBIT #2 ORDINANCE NO. 2002- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR ONE (1) PARCEL OF LAND LOCATED AT 2950 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3A, MULTIFAMILY MEDIUM DENSITY RESIDENTIAL DISTRICT; BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR TWO (2) PARCELS OF LAND LOCATED AT 3025 AND 3161 NE 188 STREET FROM TC2, TOWN CENTER MARINE DISTRICT TO RMF3B, MULTIFAMILY MEDIUM DENSITY DISTRICT; PROVIDING FOR PROVIDING FOR INCLUSION IN PROVIDING FOR AN EFFECTIVE DATE. RESIDENTIAL SEVERABILITY; THE CODE; WHEREAS, the City Commission of the City of Aventura has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). Pursuant to these sessions, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed-use, town center in the Loehmann's area; and WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map of the City of Aventura by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District; and WHEREAS, the City of Aventura is desirous of amending the Official Zoning Map of the City of Aventura by amending the zoning designation for two (2) parcels of land located at 3025 and 3161 NE 188 Street from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District; and Ordinance No. 2002- Page 2 WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan and intended use of the land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for one (1) parcel of land located at 2950 NE 188 Street (Folio Number 28-2203-000-0291) from TC2, Town Center Marine District to RMF3A, Multifamily Medium Density Residential District (see Exhibit "A" for property location). Section 2. That the Official Zoning Map of the City of Aventura is hereby amended by amending the zoning designation for two (2) parcels of land located at 3025 NE 188 Street (Folio Number 28-2203-000-0161) and 3161 NE 188 Street (Folio Number 28-2203-000-0310) from TC2, Town Center Marine District to RMF3B, Multifamily Medium Density Residential District (see Exhibit "B" for property location). Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity Ordinance No. 2002- Page 3 of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura and that the Official Zoning Map of the City may be revised so as to accomplish such intentions. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Patricia Rogers-Libert Mayor Jeffrey M. Perlow Ordinance No. 2002- Page 4 PASSED on first reading this 6th day of November, 2001. PASSED AND ADOPTED on second reading this 8th day of January, 2002. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,2001. CITY CLERK A N 19200 2999 UNNAMED 3025 2950 · E RE 8 GE EXHIBIT "A" N 19200 2999 UNNAMED 3025 295O EXHIBIT "B" CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission_ _.~(~ Eric M. Soroka~i~y I~Fana~er Brenda Kelley, Comm~ Development Direc~ October 29, 2001 Small scale amendment to the City's Comprehensive Plan to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential. (01-CPA-01 - Small Scale Amendment) October 2, 2001 Local Planning Agency Agenda Item 4 October 2, 2001 City Commission Meeting Agenda Item ~ November 6, 2001 City Commission Meeting Agenda Item 8 ~MENDATION It is recommended that the City Commission: 1) approve the small scale Comprehensive Plan amendment to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST City staff is requesting a small scale Comprehensive Plan amendment to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential to facilitate a rezoning of the parcels from TC2 (Town Center Marine District) to RMF3A (Multifamily Medium Density Residential District) and RMF3B (Multifamily Medium Density Residential District). BACKGROU N O At the City Commission meeting of October 2, 2001, the Commission had requested that staff provide additional information as to the following: 1. VVhat traffic is like at the present time on NE 188 Street; and 2. VVhat traffic will be generated by the Community Recreation Facility and the Charter Elementary School. Please find the requested information in the following tables. This information is also provided in the applications coming before the Commission for the next phases of the Comprehensive Plan amendments and the proposed rezonings. Traffic Generation - The City's traffic engineers have prepared traffic generation information relative to existing counts, previous approved uses, existing permitted uses and the proposed amendment. The following information is calculated according to the general land area as specified in each table. Proposed trips generated by the elementary school and community recreation facility are also provided. Vehicle Trips AM Peak PM Peak per Day NE 188 Street Generation 1,101 130 142 Existing Trips Total 17.69 acres Zoning Category Vehicle Trips per Day Applications Area Miami-Dade County Zoning IU-2 (industrial) 10,743 Existing City Zoning TC-2 (mixed use) 44,675 Proposed City Zoning RMF3B and RMF3A 4,290 (residential) Total 6.03 acres Vehicle Trips AM Peak PM Peak (Comm. Rec. Facility and per Day Charter Elem. school sites) Community Recreation Facility 1,102 204 196 and Charter Elementary School IU-2 (MDC industrial zoning) 3,667 484 516 OP and CF existing City zoning 3,848 584 485 /staff reports/01 -CPA-01 comp plan SCDI '110601rev 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission t~get Eric M. Soroka, Ci Brenda Kelley, Comm'm:z~evelopment Dire~/~ September 21,2001 Small scale amendment to the City's Comprehensive Plan to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential. (01- CPA-01 - Small Scale Amendment) October 2, 2001 Local Planning Agency Agenda Item /-~ October 2, 2001 City Commission Meeting Agenda Item ~ November 6, 2001 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1) approve the small scale Comprehensive Plan amendment to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential; and 2) approve the transmittal of the amendment to the Florida Department of Community Affairs. THE REQUEST City staff is requesting a small scale Comprehensive Plan amendment to change the land use designation of three adjacent parcels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential to facilitate a rezoning of the parcels from TC2 (Town Center Marine District) to RMF3A (Multifamily Medium Density Residential District) and RMF3B (Multifamily Medium Density Residential District). BACKGROUND OWNER OF PROPERTIES: 2950 NE 188 Street 3025 NE 188 Street 3161 NE 188 Street NAME OF APPLICANT LOCATION OF PROPERTY SIZE OF PROPERTIES 28-2203-000-0291 Alfred R Chouinard II 28-2203-000-0161 Fort Apache Inc. 28-2203-000-0310 Alfred R Chouinard City of Aventura See Exhibit #1 for location map and Exhibit #2 for aerial photo Approximately 7.66 acres DESCRIPTION/BACKGROUND This past year, the City Commission has held planning and visioning sessions to discuss future development possibilities on NE 188 Street (Thunder Alley). The City's consultants; Wallace Roberts & Todd also attended these sessions to discuss overall recommendations for Thunder Alley as it relates to future development of the Town Center, mixed-use development on the Loehmann's site. Staff and the City Commission have discussed the overall uses of the two areas and how the two areas would link and function as separate mixed-use developments or a continuation of one mixed-use development. During these meetings, staff has recommended that the City Commission consider the following: 1. Is there a market for the overall proposed retail and office proposed in the City's Land Development Regulations for the existing TC1 and TC2 districts?; and 2. The overall creation of mixed-use development on the Loehmann's site and extending down NE 188 Street (disrupted continuation because of the Harbour Center development and the self-storage facility) may be spreading the retail and office uses over such a large land mass (approximately 1325 linear feet on both sides of the street) that there was a concern that the commercial uses on NE 188 Street may struggle due to the removal of this area from the overall "downtown" developed on the Loehmann's site; and 3. A higher density residential component may be required on the Loehmann's site, than previously suggested by staff, so as to help support the large amount of commercial uses in this area; and 4. Office and retail uses on the waterfront may not be the highest and best use of this presently underutilized land; and 5. Property owners in the area were inclined to sell their properties to prospective developers. Interest has been continually expressed to the property owners by residential developers for multi-family development. This supports infill development guidelines in an area designated as a transportation concurrency exception area. 2 Because of these considerations and recommendations, and following discussion by the Commission, staff was instructed to proceed with a comprehensive plan amendment and eventual rezoning of some parcels on NE 188 Street to permit residential development that will support and enhance prospective future development of a mixed-use, town center in the Loehmann's area. The existing uses on these parcels include existing marine industry and boat storage facilities; a vacant building, sometimes used for boat storage; and a vacant lot with two existing small, vacant, abandoned structures. The present uses, while not entirely water- dependent or water-related, are private businesses that do not provide general access to the public of the water and/or views. ANALYSIS Future Land Use Designation Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Industrial and Office Town Center Medium High Density Residential Business and Office Town Center Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: TC2, Town Center Marine District RMF3, Multi-Family Medium Density Residential District RMF3, Multi-Family Medium Density Residential District RMF3A, Multifamily Medium Density Residential District TC2, Town Center Marine District TC1, Town Center District Existing Land Use Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: vacant lot, marine industry, boat storage residential residential marine industry, concrete manufacturing office, restaurant and self storage facility Access - Access to each parcel is from NE 188 Street. Access easements are presently in place. Conformity to City Comprehensive Plan - The amendment is consistent with policies in the Future Land Use, Transportation and Coastal and Conservation elements of the City's Comprehensive Plan. More specifically: 3 Future Land Use Element Policy 8.2 Applications to amend the City's Future Land Use Plan map shall be evaluated to consider consistency with the Goals, Objectives and Policies of all Elements, other timely issues, and in particular the extent to which the proposal, ff approved, would: 1. Satisfy a deficiency in the Plan map to accommodate projected population or economic growth of the City; Recent population figures provide information that the City is continuing to grow and the median age is growing younger. With this growth in population, the need for housing grows. Previous discussions by the City Commission addressed concerns that there may not be a need, and the local economy may not be able to support, the commercial (retail and office) and marine industry uses presently permitted in the subject property area. 2. Enhance or impede provision of services at adopted LOS Standards; Traffic - The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of traffic services. Water - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. Sewer - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. Mass Transit - A bus transit facility is located at Aventura Mall, approximately ~,~ mile from the subject properties. The proposed residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Parks and Recreation - The City presently exceeds LOS standards for park space. Additionally, the subject properties are within walking distance of both Founder's Park and the City's proposed Community Recreation Facility, a public property obtained after the adoption of the City's Comprehensive Plan. Stormwater Drainage - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially 4 decreased with the proposed amendment. Therefore, provision of services will be enhanced. Solid Waste - The intensity of a maximum 2.0 FAR of commercial uses plus 25 dwelling units per acre as existing permitted use is substantially decreased with the proposed amendment. Therefore, provision of services will be enhanced. 3. Be compatible with abutting and nearby land uses and protect the character of established neighborhoods; and The proposed amendment is compatible with abutting and nearby land uses and, not only protects, but is anticipated to enhance the character of the neighborhood. 4. Enhance or degrade environmental or historical resources, features or systems of significance. The proposed amendment will enhance the environmental systems in that the proposed residential uses will provide access for residents of the City to existing waterfront properties through view corridors, living units and/or pedestrian promenades along the water. Policy 8.3 The City shall strive to accommodate residential development in suitable locations and densities which reflect such factors as recent trends in location and design of residential units; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. The proposed amendment will accommodate residential development in suitable locations and densities along the waterfront; projected availability of service and infrastructure capacity; proximity and accessibility to employment, commercial and cultural centers; character of existing adjacent or surrounding neighborhoods; avoidance of natural resource degradation; maintenance of quality of life and creation of amenities. Policy 10. 1 Aventura shall facilitate redevelopment of substandard or underdeveloped areas, high intensity activity centers, mass transit supportive development and mixed use projects to promote energy conservation. The proposed amendment will facilitate redevelopment of substandard or underdeveloped areas and permitted mixed-use development. 5 Policy 12. 1 Ail proposed Comprehensive Plan amendments that increase density (population) shall be required to submit, at the time of application, an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times as included within the South Florida Regional Hurricane Evacuation Study, April, 1996, or as may be amended from time to time. Policy 12.2 The City shall not approve any Comprehensive Plan amendment that increases density (population) and results in evacuation times exceeding 12 hours. Address Lot Increase in Population Overall Increase in Size Density Factor Population 2950 NE 188 St 3.04 ac 20 du/ac 1.64 99 3025 NE 188 St 3.59 ac 10 du/ac 1.64 59 3161 NE 188 St 1.03 ac 10 du/ac 1.64 17 Totals 7.66 ac 175 The South Florida Regional Planning Council prepared an analysis of the impacts of the proposed amendment upon the evacuation routes and evacuation times using the 1996 South Flodda Hurricane Evacuation Study Model. It was determined that the maximum increase in dwelling units resulting from the proposed amendment would be 107 and the resulting change in clearance is quite insignificant, a 2.4 minute increase. That clearance time increases the present 11.32 hours to 11.36 hours. Transportation Element Po/icy 1.5 The City will develop transportation management strategies, such as (but not limited to) traffic calming techniques and neighborhood design concepts to improve efficiency and enhance the safety of the pedestrian, bicycles and transit riders within the context of an integrated multi-modal transportation system. The proposed amendment, and associated rezoning and street improvements, will provide for a safer roadway in that pedestrian traffic and vehicle traffic will be separated through the construction of sidewalks, which do not presently exist. The neighborhood design concepts will provide pedestrian promenades along the water, thereby further separating pedestrian traffic from vehicle traffic. The proposed residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policy 4.3 Transit service shall be/inked to major trip attractors and generators and the transportation disadvantaged. Transit service shall be located such that they are safe and convenient to transit users. The proposed amendment will allow for redevelopment of residential uses adjacent to an area which allows for mixed-use development. Any new residential 6 development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policy 4.4 Transit service will be located in areas which the future land use map will support transit service, such as town center, transit terminals, commercial areas and higher density residential areas. The proposed amendment will allow for redevelopment of residential uses adjacent to the town center area. Any new residential development will be required to provide pedestrian linkage to or transit service facilities that are safe and convenient to transit users. Policy 4.6 Sidewalks shall link residential development to transit stops and shelters. NE 188 Street is presently a two-lane, non-sidewalked, dead-end street. The City is presently proceeding with design and development of a 23,000 SF community recreational facility on the north side of the east end of the street, and street improvements that will provide sidewalks. Presently there is no public transportation provided on this street, nor is there adequate pedestrian accessibility. The community recreational facility and the town center area will be providing transit stops and shelter. The proposed amendment will allow for redevelopment of residential uses adjacent to the town center area and the City's community recreational facility. Any new residential development will be required to provide pedestrian linkage to or transit service facilities through the use of sidewalks and/or waterfront promenades. Conservation and Coastal Management Element Po/icy 9.2 The City shall maintain the adopted levels of service on the local roadways based on the future land use plan to achieve a reasonable evacuation time. The traffic generation table provided later in this report supports the proposed amendment in that a decreased projected vehicle trips per day enhances the provision of transportation (traffic) services, thereby maintaining the adopted levels of service on local roadways to achieve a reasonable evacuation time. Policy 12. 1 Shoreline uses within Aventura shall be prioritized according to the following order: 1. Conservation uses 2. Water-dependent uses 3. Water-related uses 4. Uses not dependent or related to shoreline access 7 In the priority listing shown above, the City presently owns a three (3) acre site, and is in the process of designing for construction a community recreational facility at the tip of NE 188 Street, directly on the water. This facility is scheduled to open in late 2002. This facility will not only provide access to the water by all residents of the City, but will also provide open space/passive areas on the site. This use will conserve the site for use by the general public. Furthermore, the City is in the process of obtaining, adjacent to the community recreation facility site, a three (3) acre parcel in order to construct a much needed charter elementary school. This facility is scheduled to open for the school session in 2003. These two (2) facilities will operate as joint-use facilities and together will provide access to the shoreline/waterfront to all residents of the City. In the backup information for the City's adopted comprehensive plan, the water- dependent and water-related uses were identified as the seven (7) marine industry/marinas on NE 188 Street and NE 185 Street. However, as the City Commission is aware, these property owners are marketing their properties for sale. Staff discussions with the present marine use tenants and/or property owners included discussions that it was hard to operate their businesses with residential uses across the canals because of the noise and smells; many of the industry businesses do not depend on the water because they trailer their boats to other areas to put them in the water, if required. Therefore, what the Commission originally wished to preserve as water-dependent or water-related uses may not be realistic as evidenced by the present owners' desires to sell and move. Furthermore, the present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. Policy 12.4 Amendments to the Future Land Use Plan Map shall not reduce the proportion of shoreline properties dedicated to water-dependent uses or reduce the access of water-dependent uses to such properties. The present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. 8 Po/icy 12.5 Amendment to the Future Land Use Plan Map shall not reduce the proportion of shoreline properties dedicated to water related uses or reduce the access of water-related uses to such properties. The present uses on the site restrict access and views of the shoreline/waterfront to the residents of the City since they are private, industrial type uses, restricting access by the general public. Staff supports residential uses in this area in that the general public will be able to take advantage of direct water views through the use of pedestrian promenades along the water, especially when these pedestrian access ways serve to link the town center area with the City's community recreational facility located at the far eastern end of NE 188 Street. Po/icy 12.6 New mu/ti-family residential development, contiguous to the shoreline, shall be water dependent, water related, or at a minimum shall include environmentally compatible shoreline access facilities such as wa/kways, piers, and viewing areas with landscaping grouped or spaced for views of and from the water. The proposed amendment will require that residential redevelopment provide view corridors to the water and pedestrian walkways/promenades along the waterfront. Furthermore, as an extension of the town center, and as support to the City's community recreational facility, which facility will provide walkways, piers and viewing areas, pedestrian walkways and linkage of uses through the multi-family residential districts will be required. Traffic Generation - The City's traffic engineers have prepared traffic generation information relative to previous approved uses, existing permitted uses and the proposed amendment. The following information is calculated on a general land area of the overall amendment area of approximately 17.69 acres on NE 188 Street. Zoning Category Vehicle Trips per day Miami-Dade County Zoning IU-2 (industrial) 10,743 Existing City Zoning TC-2 (mixed use) 44,675 Proposed City Zoning RMF3B and RMF3A 4,290 /residential) Part of the Larger Plan - As previously discussed in this report, the City Commission has reviewed the overall concept and future of this area of the City, including the Loehmann's area, the City's proposed Community Recreation Facility and adjacent school site, and all surrounding properties. The City Commission has determined that the proposed residential uses are an integral part in providing support and vitality to the proposed mixed- use, town center development to the west of NE 188 Street. The City's consultants advised that the existing zoning on these properties (TC-2) provided for retail and office 9 uses that may not have been economically feasible and, in fact, may have spread these commercial uses into areas that could not support their intensity and location. School - The City is proceeding with the construction of a charter elementary school on the north side of NE 188 Street, east of the proposed amendments area. The proposed residential uses on this street support the need for an elementary school and actually provide much more compatible uses for the school versus the existing commercial and marine uses presently allowed on the street. Furthermore, the anticipated decrease in traffic generation through reduced vehicle trips per day provides for much more compatible uses and significant impact on increased traffic safety on the street. Conformity to City Land Development Regulations - The proposed amendment will facilitate a proposed rezoning from TC2, Town Center Marine District to RMF3A (Multifamily Medium Density Residential District) and RMF3B (Multifamily Medium Density Residential District). Coastal High Hazard Location - The location of this site is not in a designated coastal high hazard area. /staff reports/01-CPA~l comp plan SCD1 10 N EXHIBIT #1 EXHIBIT #2 ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THREE (3) PARCELS LOCATED AT 2950, 3025 AND 3161 NE 188 STREET FROM INDUSTRIAL AND OFFICE TO MEDIUM HIGH DENSITY RESIDENTIAL; PROVIDING FOR TRANSMI'I'I'AL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Community Affairs of the State of Florida found in compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the subject property Industrial and Office, consistent with the existing Miami-Dade County Comprehensive Plan; and WHEREAS, City staff is requesting a small scale Comprehensive Plan amendment, through Application No. 01-CPA-01, to change the land use designation of three adjacent pamels on NE 188 Street totaling 7.66 acres from Industrial and Office to Medium High Density Residential; and WHEREAS, the City Commission believes it is in the best interest of the public to amend the future land use map designation on the subject properties from Industrial and Office to Medium High Density Residential; and WHEREAS, the Plan amendment will not result in impacts on any infrastructure system that will exceed established level of service standards and is otherwise consistent with the goals, objectives and policies of the Plan to the extent the application is granted herein; and Ordinance No. 2001- Page 2 WHEREAS, this residential land use small scale amendment meets the residential density criteria pursuant to Chapter 163.3187(c)(1)(f) Fla. Stat.; and WHEREAS, the City Commission believes the amendment will maintain the unique aesthetic character of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Purpose. This Ordinance is intended to preserve the unique aesthetic character of the City and ensure that adjacent land uses are compatible. It is further intended to protect property values, create a better business climate, enhance the physical appearance of the community and preserve the natural beauty of the City. Section 2. Amendment of Future Land Use Map Desiqnation. The future land use map designations of three (3) parcels totaling approximately 7.66 acres located at 3025 NE 188 Street (Folio Number 28-2203-000-0161) and 3161 NE 188 Street (Folio Number 28-2203-000-0310) and 2950 NE 188 Street (Folio Number 28- 2203-000-0291) (see Exhibit "A" for property locations) are hereby changed from Industrial and Office to Medium High Density Residential. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance Ordinance No. 2001- Page 3 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Comprehensive Plan. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Comprehensive Plan of the City of Aventura and that the Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish such intentions. Section 5. Transmittal. The City Clerk is directed to transmit the amendment to the State of Florida Department of Community Affairs. Section 6. Effective Date. This Ordinance shall be effective pursuant to Chapter 163 of the Florida Statutes. The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M, Perlow yes yes yes yes yes yes absent from the room The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Ordinance No. 2001- Page 4 Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Mayor Jeffrey M. Perlow PASSED on first reading this 2nd day of October, 2001. PASSED AND ADOPTED on second reading this 6th day of November, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY mm', el Hueve Herald www. herald, com www. elherald, com Published Daily MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: FRANK TOMASINO Who on oath that he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade county, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Miami Herald, local section, Monday, October 22.2001 Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement. FI~'~K TOMASINO Sworn to and subscribed before me This '7 day of &~,/~._- A.D. 2001 3613 N.E. 163rd Street, North Miami Beach, FL 33162 '* CITY OF AVENTURA NOTICE OF AMENDMENT OF CITY'S COMPREHENSIVE PLAN Public Notice is hereby given that the City Commission of the City of Aventura will meet in a ~ublic hearing on Tuesday, November 6, 2001 at 6:00 pm to consider final adoption of the following /i3rdinance: · i~;~AN ORDINANCE OF THE CITY OF "'~!~:~AVENTURA, FLOR DA, AMENDING THE :J, COMPREHENSIVE MASTER PLAN OF THE .":CITY OF AVENTURA BY AMENDING THE · ,,~ FUTURE LAND USE MAP DESIGNATION .~,-FOR THREE (3) PARCELS LOCATED AT :,? 2950 3025 AND 3161 NE 188 STREET ,~ i~i;FROM. NDUSTR AL AND OFF CE TO · "- MEDIUM H GH DENSTY RES DENT AL ',,:~ PROVlD NG .FOR TRANSMTTAL TO THE I;,~'~;,DEPARTMENT OF COMMUNITY AFFA RS; lNG FOR AN EFFECTIVE DATE. ,r ,EPu~) c Hearing w be hetd at City of Aventura ~Government Center, i9200 West CountrY Club Drive, : i;AVentura, Florida 33'180: The Proposed Ordnance 'may be inspected by the pub c at the Offce of the "City Clerk 19200 West COuntry Club Drve, Aventura, Florida. Interested parties may appear at the Pub c ,Hearing and be heard wth respect to the proposed ~: Ordinance.' ' ' In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need spec a '-:accommodations to Participate in th s proceeding because ' of that d sability shou d contact the Off~ce of the C ty C erk, (305) 466-8901 not, later than two bUsiness days prior to I:1 such proceedings.~ r person aec~a s to appeal any dec s on made by the Commission, as Local Planning Agency, or as the n ~g body with respect to any matter cons dered at a li~ or hearing, thatperson will need a record of the appeal is :to Teresa M, Sorok~, CMC, Cibj Clerk