TO: CRA Board of Commissioners
FROM: Christine Tibbs, Assistant Director
THROUGH: Renée A. Jadusingh, Executive Director
DATE: July 23, 2026
Title
APPROVAL OF THE THIRD AMENDMENT TO THE CONSTRUCTION SERVICES AGREEMENT WITH WAYPOINT CONTRACTING, INC. IN AN AMOUNT NOT TO EXCEED $231,804.26, FOR ADDITIONAL CONSTRUCTION SERVICES NEEDED FOR ROOF REPAIRS, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,118,692.29, FOR THE CRA-OWNED BUILDING LOCATED AT 313 NE 3RD STREET
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Recommended Action:
Recommendation
Approve the Third Amendment to the Construction Services Agreement with Waypoint Contracting, Inc. for additional construction services needed for roof repairs for the CRA-owned commercial building located at 313 NE 3rd Street, in an amount not to exceed $231,804.26, for a total contract amount not to exceed $1,118,692.29, and authorize the CRA Board Chair to execute any and all related documents for said purpose in a form that is acceptable to CRA Legal Counsel.
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Background:
At the January 27, 2026, Community Redevelopment Agency (CRA) Board meeting, the Board approved the Construction Services Agreement for Invitation to Bid CRA No. 2025-03 (ITB) for the construction of exterior and interior repairs to the CRA-owned two-story building located at 313 NE 3rd Street, also known as the Arts Warehouse (Project), with Waypoint Contracting, Inc. (Waypoint), in an amount not to exceed $593,700. Subsequently, the CRA entered into the Construction Services Agreement with Waypoint.
At the February 26, 2026, CRA Board meeting, the Board approved a First Amendment to the Construction Services Agreement for the replacement of seven (7) rooftop HVAC units that tie into the construction of the roof repairs in an amount not to exceed $258,786.
At the April 28, 2026, CRA Board meeting, the Board approved a Second Amendment to the Construction Services Agreement for the repair of interior concrete floors on the first and second floor of the Arts Warehouse that were not notated on the construction drawings as needing repair in an amount not to exceed #34,402.03.
The Arts Warehouse is a one-story building with a two-story building in the rear that has, respectively, a lower and upper roof; necessary roof repairs to both roofs are included as part of the Project scope. Prior to completing repairs, Waypoint completed roof pull tests to both roofs in March 2026 to verify whether the existing roof decks, fasteners, and installed systems meet local wind-uplift building code requirements and to confirm whether the originally contemplated roof repair design included with the ITB could be performed.
The pull test results indicated that the lower roof failed to meet the wind uplift requirements. As such the design to repair the lower roof had to be revised from an individual in-place repair of damaged areas with an overlay to a complete tear down and replacement of the entire lower roof roofing system.
Change Order:
On May 19, 2026, Waypoint submitted a Change Order in the amount of $231,804.26, which includes a credit for the original repair costs. Waypoint worked to identify the most economical solution based on the pull test results and revised design requirements. The purpose of this Change Order is for the additional cost related to the additional roof repair material and work. The roofing system includes a 2-year contractor workmanship warranty, a 20-year manufacturer’s “No Dollar Limit” warranty, which includes an “edge-to-edge”/wind rider warranty. The full scope for the additional work is attached as Exhibit C.
At this time, CRA Staff is requesting the CRA Board accept the Change Order in an amount not to exceed $231,804.26, approve a Third Amendment to the Construction Services Agreement between the Delray Beach Community Redevelopment Agency and Waypoint Contracting, Inc., to include the additional roof repair work, thereby adjusting the total contract amount not to exceed $1,118,692.29, for the construction of exterior and interior repairs for the CRA-owned commercial building located at 313 NE 3rd Street, also known as the Arts Warehouse, and authorize the CRA Board Chair to execute any and all related documents for said purpose in a form that is acceptable to the CRA Legal Counsel.
Attachment(s): Exhibit A - Location Map & Photos; Exhibit B - Agreement and Amendments with Waypoint Contracting, Inc.; Exhibit C - Waypoint Contracting Change Order; Exhibit D - Third Amendment to the Construction Services Agreement
CRA Attorney Review:
The CRA Legal Counsel has prepared and reviewed the Third Amendment to the Construction Services Agreement for legal sufficiency and form and determined it to be acceptable.
Funding Source/Financial Impact:
Funding has been allocated from GL# 7441.
Overall need within the Community Redevelopment Area from Delray Beach CRA Redevelopment Plan:
Removal of Slum And Blight
Land Use
Economic Development
Affordable Housing
Downtown Housing
Infrastructure
Recreation and Cultural Facilities