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06-16-09 Regular AgendaCity of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, June 16, 2009 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Meeting 6:00 of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to p'm' limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue Delray Beach, The City will furnish auxiliary aids and services to afford an individual with a Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 ROLL CALL 2. INVOCATION disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA PLEDGE OF ALLEGIANCE TO THE FLAG 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. NONE 6. PROCLAMATIONS: A. Recognizing and Commending Office Depot Foundation B. Parks and Recreation Month - .Tuly 2009 C. National Clean Beaches Week - .Tune 29 - .Tuly 3, 2009 7. PRESENTATIONS: A. "Relay for Life" -American Cancer Society B. Hero Award Presentation recognizing Tom Elowson and Gary Corvino 8. CONSENT AGENDA: City Manager Recommends Approval A. AMENDMENT NO. 2 (FINAL) TO SERVICE AUTHORIZATION NO.39.2/DAVID MILLER & ASSOCIATES, P.A.: Approve Amendment No. 2 Final to Service Authorization No. 39.2 in the amount of $2,500.00 to David Miller & Associates, P.A., for additional professional services regarding the facade renovations to the Linton Boulevard Bridge Tender House. Funding is available from 334-3162-541-46.05 (General Construction Fund/Repair & Maintenance Services/Linton Blvd. Tender House). B. CHANGE ORDER NO. 2/.T.W. CHEATHAM, LLC/MANGO DRIVE/REIGLE AVENUE/S.W. 7TH AVENUE ROAD CONSTRUCTION: Approve Change Order No. 2 to .T.W. Cheatham, LLC, for additional work required to add a stop sign and stop bar, for the Mango Drive/Reigle Avenue/SW 7th Avenue Road Construction. Funding is available from the current contract Utility Allowance; therefore, no additional funding is needed. C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 6) FINAL/BSA CORPORATION/CITY HALL NORTH WING RENOVATIONS: Approve Contract Closeout (Change Order No. 6/Final) in the amount of a $1,401.00 increase and final payment in the amount of $29,544.00 to BSA Corporation for completion of the City Hall North Wing Renovations. Funding is available from 334-6112-519-62.86 (General Construction Fund/City Hall -North Wing & Chamber and 334- 6112-519-62.85 (General Construction Fund/Capital Outlay/City Hall Exp-IT Building). D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/WEST CONSTRUCTION, INC., LINTON BOULEVARD BRIDGE TENDER HOUSE RENOVATIONS: Approve Contract Closeout (Change Order No. 1/Final) in the amount of a $6,961.41 decrease and final payment in the amount of $10,052.43 to West Construction, Inc. for completion of the Linton Boulevard Bridge Tender House Renovations. Funding is available from 334-3162-541-46.05 (General Construction Fund/Repair & Maintenance Service/Linton Blvd. Bridge Tender Housel. E. LAKESIDE CONDOMINIUM ASSOCIATION/TRAFFIC ENFORCEMENT AGREEMENT: Approve a traffic enforcement agreement between the City and Lakeside Condominium Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property F. AMENDMENT NO. 2/FLORIDA HIGHWAY PRODUCTS, INC. AGREEMENT: Approve and authorize the Mayor to execute Amendment No. 2 to the Agreement with Florida Highway Products Inc. (FHP) in the amount of $29,471.47 for microsurface paving of existing City streets. Funding is available from 118-1965-554-63.11 (Neighborhood Services/Improvements- Other/Bikepaths/ Sidewalks). G. CONSENT TO ASSIGNMENT/WL FISH & COMPANY, INC./F.R.S & ASSOCIATES, INC.: Approve Consent to Assignment from WL Fish & Company, Inc. to F.R.S. & Associates, Inc., for surveying services. H. RESOLUTION NO. 25-09/ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT: Approve and adopt Resolution No. 25-09 authorizing the application for and acceptance of up to $638,500.00 in Energy Efficiency and Conservation Block Grant funds from the U.S. Department of Energy. L AMENDMENT NO. 2 TO THE CASON COTTAGE LEASE AGREEMENT: Approve Amendment No. 2 to the lease agreement with the Delray Beach Historical Society regarding the Cason Cottage property to allow for the rental of meeting rooms. AGREEMENT/AT&T/CENTREX SERVICE: Approve an Agreement between the City and AT&T in the amount of $98,617.80 annually for renewal of the Centrex Service beginning .Tune 22, 2009. Funding is distributed throughout all City departments based on the number of lines assigned to each department and/or division. K. SERVICE AUTHORIZATION NO. 07-04/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 07-04 with Kimley-Horn and Associates, Inc. in the amount of $110,000.00 for the design of the Cultural Loop and Martin Luther King, .Tr. Drive. Funding is available from 334-4141-572-68.57 (General Construction Fund/Other Improvement/Cultural Loop/MLK Drive). L. CHANGE ORDER NO. 3/WEST CONSTRUCTION INC./MILLER PARK IMPROVEMENTS: Approve Change Order No. 3 in the amount of $99,965.10 to West Construction, Inc., for the excavation of unsuitable materials, the backfilling of the building pads with onsite material, and additional bedding material for the drainage system for the Miller Park Improvements. Funding is available from 334-4173-572-63.90 (General Construction/Miller Park/Other Improvements, 448- 5461-538-63.90 (Storm Water Utility/Other Improvements) and 442-5178-536-64.90 (Water/Sewer R&R/Other Machinery/Equipment). M. SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE 2009: Approve a special event request for the Summer Nights on the Avenue 2009 proposed to be held from 7:00 p.m. to 10:00 p.m. on .Tuly 17, .Tuly 24, August 7, August 14, August 28 and September 4, 2009 granting a temporary use permit per LDR Section 2.4.60 for the closure and use of City rights of ways and authorize staff support for security and traffic control, site cleanup, trash removal, and barricading; contingent upon receipt of a certificate of liability insurance. N. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period .Tune 1, 2009 through .Tune 12, 2009. O. AWARD OF BIDS AND CONTRACTS: 1. Bid award to H & D Construction Co., Inc in the amount of $508,181.25 for the construction of S.W. 14th Avenue Roadway, Alleys, & Drainage Improvements. Funding is available from 334-3162-541-68.05 (General Construction Fund/other Improvement/S.W. 14th Alley Improv). 2. Contract award to Brang Construction, Incorporated in the amount of $137,065.00 for the construction of Old Germantown Road sidewalk improvements. Funding is available from 334-3162-541-68.34 (General Construction Fund/Other Improvement/Germantown Rd- Sidewalk). 3. Contract award to Chaz Equipment Company, Inc in the amount of $32,444.00 for rehabilitation of Lift Stations 11C, 20A, and 57A, as part of the annual lift station rehabilitation program. Funding is available from 442-5178-536-68.15 (W & S Renewal & Replmt Fund/Improvements Other/Lift Station Rehabilitation). 4. Purchase award to TriGeo Network Security in the amount of $30,312.00 as a sole source vendor, for a proactive network defense Security Information Manager (SIM). Funding is available from 001-1811-513-46.90 (General Fund/Repair and Maintenance Services/Other Repair/Maintenance Costs). 9. REGULAR AGENDA: A. CONTRACT AWARD/INSITUFORM TECHNOLOGIES, INC.: Consider waiving the irregularity in the bid from Insituform Technologies, Inc. and approval of a contract award to Insituform Technologies, Inc. in the amount of $173,010.00 for lining the abandoned 16" force main under the Intracoastal Waterway. Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). B. APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint four (4) regular members to the Community Redevelopment Agency (CRA) to serve a four ~) vear term ending .Tuly 1, 2013. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2~, Commissioner Frankel (Seat #3~, Commissioner Bernard (Seat #4~ and Mayor McDuffie (Seat #5). 1. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY (CRA) CHAIR AND VICE-CHAIR: Appoint a Chair and Vice-Chair for the Community Redevelopment Agency Board. C. APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE: Appoint one ~) regular member to the General Employees Retirement Fund Committee to serve an indefinite term. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5). D' APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint one ~) regular member to serve an unexpired term ending .Tuly 31, 2010 and one ~) alternate member to serve an unexpired term ending .Tuly 31, 2011 to the Nuisance Abatement Board. Based upon the rotation svstem, the appointments will be made by Commissioner Fetzer (Seat #2) for one ~) regular member and Commissioner Frankel (Seat #3) for one ~) alternate member. E. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint two (2) regular members to the Downtown Development Authority (DDA) to serve a three ~) vear term ending .Tuly 1, 2012. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2~ F. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one ~) regular member from Zone 4 to the Neighborhood Advisory Council effective .Tuly 31, 2009 to serve a three ~) vear term ending .Tuly 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). G. AMENDMENT NO. 2/MATCH POINT, INC.:Consider approval of Amendment No. 2 to the amended and restated agreement between the City and Match Point, Inc. which provides that the City shall be a Co-Title Sponsor for the ATP Champions Tour, which shall be held concurrently with the ATP World Tour. 10. PUBLIC HEARINGS: A. ORDINANCE NO 31-09: Consider acity-initiated amendment to Chapter 35, "Employees Policies and Benefits", subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment"~ amending Section 35.100, "Beneficiaries; Contingencies". 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David Harden, City Manager DATE: June 2, 2009 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 PARKS AND RECREATION MONTH PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing July as Parks and Recreation month. BACKGROUND This item before the City Commission is a proclamation recognizing the month of July as Parks and Recreation month. Public parks and recreation systems are dedicated to enhancing the quality of life for millions of residents in communities around the world through recreation programming, leisure activities and conservation efforts. As we observe Parks and Recreation Month, we recognize the contributions of employees and volunteers in parks and recreation facilities. These dedicated supporters keep public parks clean and safe for visitors, organize youth activities, and provide educational programming. MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri124, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 AMENDMENT N0.2 (FINAL) TO SERVICE AUTHORIZATION N0.39.2/DAVID MILLER & ASSOCIATES ITEM BEFORE COMMISSION This item is before the Commission to approve Amendment No.2/Final to Service Authorization No.39 in an amount not to exceed $2,500.00 to David Miller & Associates for additional professional services regarding the facade renovations to the Linton Boulevard Bridge Tender House. BACKGROUND In the fall of 2008, City Commissioners approved a contract award recommendation for facade renovations to the Linton Boulevard Bridge Tender House. This joint venture with Palm Beach County (PBC) included a one time construction grant reimbursement of $100,000.00 dollars which the City applied for and received in May of 2009. The combined effort resulted in a remarkable improvement to the aesthetic appearance of the bridge tender house. Enhancements included new impact rated windows and doors, minor interior modifications, improved lighting, metal roof systems, mechanical upgrades, complete repainting and nautical ornamental features. Amendment No. 2/Final in an amount not to exceed $2,500.00 dollars includes costs for minor life safety modifications requested by PBC to the building and will also account for an as-constructed technical set of plans per PBC Road & Bridge Division standards. A copy of Service Authorization #39.2 is attached for your reference. FUNDING SOURCE Funding is available from account 334-3162-541-46.05 (Gen.Const.Fnd: Repair.Maint.Ser., Linton Blvd. Bridge Tender House). RECOMMENDATION Staff recommends approval of Service Authorization #39.2/Final to David Miller & Associates, P.A. in an amount not to exceed $2,500.00 regarding the facade renovations to the Linton Boulevard Bridge Tender House. MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 8, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF ,TUNE 16, 2009 CHANGE ORDER NO.2/,T.W. CHEATHAM, LLC/MANGO DRIVE/REIGLE AVENUE/SW 7TH AVENUE ROAD RECONSTRUCTION PROTECT ITEM BEFORE COMMISSION This item is before the Commission to approve Change Order No. 2 to J.W. Cheatham, LLC, for additional work required to add a stop sign and stop bar, for the Mango Drive/Reigle Avenue/SW 7th Avenue Road Construction Project #2006-068. BACKGROUND Change Order No. 2 is for additional work required to add a stop sign and stop bar at the intersection of Mango Drive and Reigle Avenue which was not included in the plans. The cost of $500.00 associated with this change order will be paid from the contract's Utility Allowance. The attached Exhibit "A" to Change Order No. 2 details all costs associated with this change order. RECOMMENDATION Staff recommends approval of Change Order No. 2 to J.W. Cheatham, LLC, for additional work required to add a stop sign and stop bar, for the Mango Drive/Reigle Avenue/SW 7th Avenue Road Construction Project. CITY 0i< DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2 PROJECT NO. 2006-068 DATE: PR01IaCT TITLE: Mango DrivelReigle Ave./SW 7"` Ave. Road Reconstruction TO CONTRACTOR: J.W. Cheatham, LLC YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional work required to add a stop sign and stop bar at the intersection of Mango Drive and Reigle Avenue per the attached Exhibit "A". The cost associated r~vith this change order will he paid out of the Contract's Utility Allowance. SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 140,514.90 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 34,020.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $171,534.90 COST OF CONSTRUCTION CHANGES THIS ORDER $ .00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $174,534.90 PERCENT INCREASE THIS CHANGE ORDER 0.00% TOTAL PERCENT INCREASE TO DATE 24.21 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered apinion, accurate and that tl>e prices quoted are fair and reasonable. J. W. Cheatham, LLC (Col~tractor to sign & seal} TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGh ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Enviromne~ttal Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S:~EngAdminlProjects12606~2°06-D5810Fr[CIAU.CO 2 ]~i' Cheatham Mango Reigle SW 7.decx Kucmerowski, Carolanne From: Ballestero, Rafael Sent: Thursday, June 04, 2009 1:56 F'M To: Kucmerowski, Carolanne Cc: Hasko, Richard Subject: FW: Reigle Ave, Mango Dr & SW 7th Ave Please prepare an FSD form for RCH approval on Monday. Thanks, Rafael C. Ballestero beputy Director of Construction City of Delray Beach (561) 243-7320 ballesteroCa~ci.delrav-beach.fl.us From: Tam @ JW Cheatham [mailto:jwctom cLiljwcheatham.com] Sent; Thursday, June 04, 2009 1.0:21. AM To; 8ailestero, Rafael Subject; Re: Reigle Ave, Mango Dr & SW 7th Ave Yes ----- Original Message ----- From: Ballestero, Rafae[ To: Tom ~ JW Cheatham Sent: Thursday, June 04, 2009 9:29 AM Subject: RE: Reigle Ave, Mango Dr & SW 7th Ave Tom Our department director is out of the office until Monday. Is obtaining proper authorization on Monday for the striping soon enough? The city will address the pole on 7t''. Thanks, Rafael C. Ballestero Deputy Director of Construction City of Defray Seach (561) 243-7320 ballesteroCa.ci.delrav-beach.fl.us From; Tom @ JW Cheatham [mailto:jwctomCa~jwcheatham,com] Sent: Thursday, June 09, 2009 7:2f AM To: Bailestero, Rafael Subject; Re: Reigle Ave, Mango Dr & SW 7th Ave Stop Sign with Stop Bar and 50' of Double Yellow in thermo plastic is $500.00 if done in conjuntion with other striping. Please let me know soon. Striping is scheduled for next week. Do you want to do anything with the pole at 7th Ave ? Tom -----Original Message ----- l rom: Ballestero. Rafae[ To: Tom aC~. JW Cheatham Sent: Wednesday, June 03, 2009 11:58 AM Subjec#: FW: Reigfe Ave, Mango Dr & SW 7th Ave Tom Please provide a price for signage. Thanks, Rafael C. Ballestero Deputy Director pf Construction City of Delray Beach (561 } 243-7320 ballestero ci.delra -beach.fl.us From: i<rane, Begona Sent: Wednesday, June 03, 2009 11;50 AM To: Ballestero, Rafael Cc: Krejcarek, Randal Subject: RE: Reigfe Ave, Mango Dr & SW 7th Ave We are going to put attenuation around the pole and 1=PI_ is going to relocated the pole later. We need to add a stop bar and stop sign at Mango dti and Reigfe Ave. Thank you From: Baliestero, Rafael Sent: Wednesday, June 03, 2009 11:40 AM To: Krane, Begona Subject: FW; Reigfe Ave, Mango Dr & SW 7th Ave Begona: Will you piease help with these questions? Thanks, Rafael C. Ballestero Deputy Director of Construction City of Delray Beach (561 j 243-7320 Ballestero aC~.ci.defray-beach.fl.us From: Tam @ JW Cheatham [mailto:jwctom@jwcheatham.com] Sent: Tuesday, June 02, 2009 4:47 PM Td: Ballestero, Rafael Subject: Reigie Ave, Mango Dr & SW 7th Ave Rafael Are you aware how close the power pole at 7th Ave at approximently station 2-40 Lt is to the roadway. It may need attenuation /delineation (object marker) or removal depending on the City's Standards, please Advise. Also at the intersection of Mango Dr. &Reigfe Ave the plans do not cal[ for any striping or signage. {stop sign & stop bar) Please Advise, Thanks, Tom c r. arH Q s.w. ~- ~; Q S.NI. vi vi S.W. 8TH CT. - _ _. 5.~. .._ ~..~ .._. ~ S. W. ri 70TH I 0 0 i U a~ ,~ i ~ ~~~ ~~~~ ~~~7 SITE `'III ~~ SIT j_ U) s.w. 7rH sT. 5.W. 87H ~ ST. Q z S.NI. 8TH _ ~~m_ COURT ~1~ 1 _~ 1 STREET u _~.. - . o~ ~ o 'c~ ~ STONE _ ~ WA~4R - - c~ ~ z ~ -... o ~_ r- 3 1 _ S. I.QNGPaRT C[R. EIGLE AVENUE ~~i T---r-~---T I I __~_~_~1~T~~~ ~ `~' CITY Of DELRAY BEACH ~~~ ENVIRONIuIENTAL SERVICES DEPARTMENT 9©° 934 SOUTH 8WINTON AV~-JUE. DEi.AAY B~AG-~ t9..o1~]A 33444 MANGO/REIGLE/SW 7TH AVE. ~A7E:os/cES/zoos ROAD RECONSTRUCTION ao^~ t~cavsr. 2oas-osa 1 of 1 ~n ii--~u MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 8, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 CONTRACT CLOSEOUT (CHANGE ORDER N0.6/FINAL)BSA CORPORATION/CITY HALL NORTH WING RENOVATIONS ITEM BEFORE COMMISSION This item is before the Commission to approve Contract Closeout (Change Order No.6/Final) in the add amount of $1,401.00 and final payment amount of $29,544.00 to BSA Corporation for the completion the City Hall North Wing Renovations project, City P/N 2006-016. BACKGROUND City Hall North Wing renovations included the complete reconstruction of the lobby area, modifications to offices within Planning and Zoning, Community Improvement and Long Range Planning. In all, most areas were subject to some of the following improvements: new flooring, wall finishes, acoustical ceilings, millwork, lighting and low voltage upgrades. In addition to the aforementioned improvements, BSA Corporation constructed the Information Technology Building (IT). Located adjacent to the North Wing of City Hall, the new 4,000 square foot hurricane resistant facility houses the latest generation of computer servers and complete amenities for the IT staff. Change Order No.6/Final includes quantity adjustments; all changes for the project are itemized and attached hereto as Exhibit "A", the project is complete and all closeout documentation has been received. FUNDING SOURCE Funding is proposed from account 334-6112-519-62.86 General Construction Fund/City Hall-North Wing & 334-6112-519-62.85 General Construction Fund/City Hall Exp-IT Building. RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 6/Final) in the net add amount of $1,401.00 and final payment amount of $29,544.00 to BSA Corporation for the completion of the City Hall North Wing Renovations project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 6/Final (Contract Closeout) PROJECT NO. 2006-058 DATE: PROJECT TITLE: City Hall Interior Renovation Phase I TO CONTRACTOR: BSA Corporation YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Exhibit "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 533,000.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED 735,691.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $1,268,691.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 1,401.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $1,270,092.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable. BSA Corporation (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk EXHIBIT "A" TO CHANGE ORDER NO.6 /FINAL (CONTRACT CLOSEOUT) BSA CORPORATION CITY HALL NORTH WING CITY HALL NORTH WING RENOVATIONS per plans and specifications $510,990.00 Signage allowance $2,000.00 Contingency allowance $20,000.00 Indemnification $10.00 Change Order No.1 Contract Addition Information Technology Building (IT Bldg) $684,783.00 Change Order No. 2 Plan Deviations (IT Bldg) $22,454.00 Change Order No. 3 Plan Deviations (N-Wing) $6,591.00 Change Order No. 4 Contract Addition (N-Wing) Break Room $8,115.00 Change Order No. 5 Contract Addition (N-Wing) Community Improvement $13,748.00 Subtotal $1,268,691.00 Contingency Allowance Breakdown (N-Wing Contract) Additional Landscaping/Irrigation due to revised drawings/plans for the IT building; the IT building landscape item was an allowance item and the final approved plans exceeded the $2,941.00 allowance amount. Additional Sub Panel "L" to accommodate circuitry needed in Panel "A"; electrical engineer undersized loads. $1,904.00 Addition of Simplex remote annunciator at reception area per Fire Department requirement. $2,634.00 Installed motorized fire smoke dampers in lieu of fusible link dampers (INERGAN Agent) per Fire Dept. requirement. $2,925.00 Additional Conduit IT installed -extension of (4) 4" conduits within the former IT server room; per low voltage requirement. $6,170.00 Additional Labor and Materials to relocate A/C Condensing Unit; A/C pad sized too small by architect. $2,618.00 Reimbursement of Florida Power & Light charge for providing a temporary, exclusive source of power for the contractor. Plans called for use of City Hall building outlets; but this did not provide enough power. $383.00 Upgrade of (2) fire extinguishers in server room; enclose window at computer room for necessary fire rating and replace all (8) exit lights with battery backup type; per fire final inspection requirement. $1,407.00 Credit Applied -Due to North Wing floor plan adjustments. ($1,046.00 Addition of Modified Type "D" Curb (IT Building) $2,093.00 Additional Credit -Adjustment to previous credit; per BSA 12/22/08 email ($1,356.00 Repair of damaged drywall within P&Z Office Area $1,645.00 Credit for substitution of vinyl cove base in lieu of the ($347.00 Credit for Adjustment to FPL reimbursement above ($45.00 Office No. 131 & 135 Additional labor & material; full height drywall partition wall (east wall) for office 131 and existing condition plan deviations within $1,475.00 office 135. Chanae Order 6/Final Continaencv IDeficitl 1 401.00 Original Contract Award $533,000.0( $735,691 $1,268,691 I Final Contract to Datel $1,270,092.001 MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 5, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF ,TUNE 16, 2009 CONTRACT CLOSEOUT (CHANGE ORDER NO. 1/FINAL)/WEST CONSTRUCTION, INC./LINTON BLVD. BRIDGE TENDER HOUSE RENOVATIONS PROTECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($6,961.41) and final payment amount of $10,052.43 to West Construction, Inc. for the completion of the Linton Boulevard Bridge Tender House Renovations Project #2004-064. BACKGROUND The project consisted of upgrading the Linton Blvd. bascule bridge tender house. The scope of work included adding a facade to improve the aesthetic appearance of the tender house, installing new windows, doors, roofing and painting. This is a Palm Beach County maintained bridge within the City limits. The County agreed that the enhancement of the structure served a public purpose and has provided the City with a funding reimbursement of $100,000.00 for this project. The change order includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #654757 to funding account 334-3162-541-46.05 (General Construction Fund/Repair & Maintenance Services/Linton Blvd. Bridge Tender House). RECOMMENDATION Staff recommends approval of Contract Closeout (Change Order No. 1/Final) in the net deduct amount of ($6,961.41) and final payment amount of $10,052.43 to West Construction, Inc. for completion of the Linton Boulevard Bridge Tender House Renovations Project. C1TY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL, CONTRACT CHANGE NO. l/Final (Contract CIoseout} PROJECT NO. 2aQ4-064 DATE: PROJECT TITLE: Linton Blvd. Bridge Tender House Renovations TO CONTRACTOR: West Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THOS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A". SUMIVIARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $208,010.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $208,OI0.00 COST OF CONSTRUCTION CHANGES THIS ORDER :x$6,951.41} ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $201,048.59 PERCENT DECREASE TH[S CHANGE ORDER 3.34% TOTAL PERCENT DECREASE TO DATE 3.34% CERTIFIED STATEMENT: I hereby certify that the suppot-ting cost data included is, in my considered opi~~ion, accurate and that the prices quoted are fair and reasonable. West Construction, Inc. (Contractor to sign & seal} TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environrnental Services APPROVED: City Attorney By: Mayor ATTEST: By: City Clerk S!Tnp{ldminlProjects1206i12~61-O6alOFFICtAL',CO I F'"snaf Rest Consu GC °b1669.doc SCHEDULE"A" TO CHANGE ORDER NO. 9 f FINAL {CONTRACT CLOSEOUT) lYEST CONSTRUCTION, INC. LINTON BOULEVARD BRIDGE TENDER HOUSE RENOVATIONS PIr\ 2004-OG4 ITEM CONTRACT AWARD CONTRACT TO DATE NO. DESCRIPTION UNIT EST. QTY. UNITPR[CE TOTAL ACTUAL CITY. UNIT PRICE EXTENDED TOTAL PRICE (1UANTADJ. + { _ 1 Renovation of the existing Bridge Tender House per plans & s ecifications - $196 000.40 Break Down Below Pro ect l+~ana er & Su ervision LS 1 $20.990.Ofl 520,990.00 1 $20,990.00 $ 20,890.00 $0.00 MOT LS 1 $2,500.00 $2,500.00 1 52,500.00 $ 2,500.00 $0.00 Scaffoldin LS 1 $5,500.00 55 500.00 9 55,500.00 $ 5,500.00 $0.00 Crane LS 9 $4,500.00 54.500.00 1 54,500.00 $ 4.500.00 $0.00 Cleans LS 1 5980.00 $960.00 1 5960.00 $ 980.00 $0.00 Demolitbn LS 1 $17,500.00 517 500.00 1 $1?,500.60 S 17,500.00 $0.00 Metal Truss S stem LS 1 $32,000.00 532,000.00 1 $32,D00.00 5 32,000.00 $0.00 Column Covers LS 9 $2,500.00 52,500.00 1 52,500.00 $ 2,500.00 $0.00 Decoraliva Brackets LS 1 $4,500.00 54 500.00 1 54,500.00 $ 4,500.00 $6.00 Guardral LS 1 $2,000.00 52 000.00 1 52,000.00 $ 2,000.OO $0.00 Decorafive Railin LS 1 $4,500.00 54.500.60 1 $4,500.00 S 4,500.60 $0.00 Rou h Car enf LS 7 $9,506.00 $9,560.00 1 59,500.00 S 9,500.00 $0.00 fnsutation LS 1 5750.00 750.00 1 5750.60 $ 75D.00 $0.00 Metal Roofs LS 1 525,300.00 525 300.00 1 $25,30D.00 5 25,300.00 $0.40 [-UM Doors & frames LS 1 $9,500.00 59.500.00 1 $9,500.00 5 9,500.00 $0.00 Access Panel LS 1 $350.00 5350.00 1 5350.00 $ 350.00 $0.00 Windows LS 1 525,000.00 $25000.00 1 $25,000.00 5 25,000.EIO $0.00 Stucco LS 1 54,206.00 $4,200.00 1 $4,200.00 S 4,200.06 $0.00 D Il; framin ; 8 Finish LS 9 51.100.00 51,100.00 1 $1,100.00 S 1,100.00 50.00 Paint LS 1 57,800.00 7 B00.00 1 $7.600.00 5 7,600.00 $0.00 Off-Site Construction & Relocation LS 1 36,850.00 56 850.00 1 $6,850.00 5 5,850.00 $0.00 [-1VAC LS 1 $9,000.00 $9,000.00 1 $9,000.00 $ 9,000.00 50.00 NV P ut ment LS 1 51,400.00 $1 400.00 1 $9,400.00 $ 1,400.00 50.66 2 Gonlin enc Allowance Breakdown Selow LS 1 $10,000.00 10 000.00 0.3039 $90 000.00 $ 3,D38.59 •$6,969.41 Video Camera enclosure spec'dted in the contract is not compatible fas tare salt environment; must be a pressurized enclosure per PBC Road & Bridge Division; acknovrtadged by the architect. Cost includes upgrade and credit for original unit. LS 50.00 $1,188.47 $0.00 1 $1,188.47 $ 1,186.47 Additional video camera {with accessories) required by PBC Road & Bridge Division For safely hazard; after the installation of the tower roof sec8on, as per plan. The overhang blocks tho bridge tender's view of the pedestrian's sidewalk LS 56.66 $1,289.12 $0.00 9 $1,289.12 $ 1,289.92 Plan Specfied don€s; prefinlshed fait louvered out swing aluminum impact rated doors are not available; She architect recommended a hollow metal door and frame impact €ated system that contains a factory appiled orated hat dipped galvanized Tmish (Includes a iD yr. manufacturer warranty). Cost Includes u grade and uedit for on Inal unit. LS 50.00 5561.60 $0.00 1 $561.00 5 561.00 3 fndemnifica[ion LS 1 $90.00 $90.00 1 $0.60 S 10.00 50.00 GRAND TOTAL. $208,070.00 $201,O4t9.59 ($6,961.47} Original Contract Award 52o3,61a.ao Previously Approved Changes 56.66 Total AwardlApproved to Date $20a,o14.66 Final Contract to Date $261,o4a.59 GHANGI= ORDi=R NO. 1 I FINAL $____.[6,967.47) Page 9 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Police Legal Advisor/Asst. City Attorney THROUGH: City Attorney DATE: June 11, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 LAKESIDE CONDOMINIUM ASSOCIATION/ TRAFFIC ENFORCEMENT AGREEMENT ITEM BEFORE COMMISSION This is a Traffic Enforcement Agreement between The City of Delray Beach Police Department and Lakeside Condominium Association, Inc. BACKGROUND This Agreement will allow the Police Department to enforce state and local traffic laws on the private roads of Lakeside Condominium. The agreement shall also mandate that the Homeowner Association comply with the speed limits set by Florida Statute and follow Department of Transportation standards for traffic control devices. The Police Department feels that allowing enforcement of State and local traffic laws will enhance our presence in the area and have a more direct impact on crime in that area. FUNDING SOURCE Lakeside Condominium Association will pay the sum of $12.00 per year to the City of Delray Beach. RECOMMENDATION Approve LAKESIDE CONDOMINIUM ASSOCIATION, INC. TRAFFIC ENFORCEMENT AGREEMENT WHEREAS, the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") through its Police Department, wishes to make its Community Policing efforts in LAKESIDE CONDOMINIUM ASSOCIATION, INC. as effective as possible; and WHEREAS, the LAKESIDE CONDOMINIUM ASSOCATION, INC. (hereinafter referred to as "ASSOCIATION"} is desirous of the enforcement of state and municipal traffic laws on its property; and WHEREAS, both the CITY and the ASSOCIATION feels that such enforcement will make the Community Policing effort a more positive influence on the community; and WHEREAS, F.S. 316.006(2),(b),(1),(2) allows for such enforcement on private roads pursuant to a written agreement approved by the City Commission which provides for reimbursement for actual costs of traffic control and enforcement liability insurance and indemnification and other terms as are mutually agreeable by the parties. Now, therefore, for the mutual consideration, covenants, and matters set forth herein, as of the date set forth below, the parties hereto do hereby agree as follows: 1. The CITY does hereby agree to enforce all state and municipal traffic laws on all private roads owned by the ASSOCIATION. 2. The enforcement of the traffic laws will occur 24 hours, 7 days a week. 3. The ASSOCIATION shall hereby pay to the CITY $1.00 per month to cover the actual costs of the traffic control and enforcement incurred by the CITY. 4. The speed limit shall be that set by Florida Statute 316.183(2) and 316.189(1) of 30 mph. 5. Signs posting the speed limit must comply with Manual Uniform Traffic Control Devices used by the Department of Transportation and F.S. 316.189(3). 6. Stop signs must conform to the manual and specifications of the Department of Transportation as stated in Florida Statute 316.006(2)(b)(3). 7. The ASSOCIATION shall defend, indemnify and hold harmless the CITY, its agents, officers, officials and employees from any and all claims, suits, causes of actions or any claims whatsoever made arising from any and all acts of ~:~ ~ twi ~_ _ ~ i~ ~COR~ CERTIFICATE ~F LIABILITY INSURANCE OPiD A2 DATEIMMIDDM'YY) ~ I.A[~S15 06 12/09 PRODUCER THiS CERTIFICATE IS [55UED AS A MATTER OF INFORMATION - The Plas tridge Agency Inc ONLYANO CONFERS NQ RIGHTS UPON T'HE CERTIFICATE E HOL , . D R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 820 H . E . 6th Avenue ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. Delray Beach FL 33983 _ Phone; 561-276-5221 Fax:561-276-5294 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A' ehil.d.2phie xn.. c®penia. 18058 INSURER B: La}~ side Association , I2LC _ INSURER C; 6 DO 1?axic Of C C.e E1VCI. Boca Raton FL 33 487 INSURER D: ' INSURER E: COVERAGES TH£ P DEICES OF INSUPAh1CE L197Ei7 8 ELOW HAVE BEEN ISS L'ED TD THE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD INDICATED. NOTW rTHSTANOfNG ANY REOUIREtiENi, TERM OR CONDITTDN OF ANY CONTRl1CT OR OTHEROOCUMENT WITH Rb~T•EGT 70 WHIGN T}i15 CERTIFICATE MAY DE LSSUED OR MAY PERTAJN, THE INSURANCE AFFORDED BY TKE POLICIES DESCRIBED HER EIN IS SUBIECT YO ALL THE TERMS. EXCLUSIONS AND CONDRIONS OF SUCH POLICIES. AGGitEGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYDE DF WSURANCE POLICY HUMBER DATE M 0 DATE MID LIMRB GENE3tALLU1BILRY - EAC11000URRENCE 91000000 A X S coraMEiicUILCENE.RALIIABILIIY P$PFS401769 06/01/09 06/01/10 ppEM15F5 aatn.enca s 100000 CLAIMS MADE ®OCCUR MED EXP (Any °rn parwn) S 500 0 PERSONAL 6 ADV IWURY i 1000 D O O GENERAL A.Gt'aREGATE S ZO OO D 0 D GENt AGQREt+ATE UIHfTAPPUES PER: ~ PRODUCTS -COMP/OP AGG 5 ZOOOOOO POLICY j~ LDC AUT OMOBILE LIABIIJTY ~ COMBINED SINGLE LR,IIT f 1000000 A ANYAUra PHPK401764 06J01/09 06/OI/10 (E°acdrf~m) ALL OW NFD AUTOS BODILY iW URY SCHEDULED AUTOS I (Per p°nscn) S X HIRED AUTOS BODILY Ih'.JURY X NON~DWNEDAIlTOS (Peracdd°nl) S PROPERTY DAMACE {PeracddonlJ S GARAGE LIA6ILITY AUTO ONLY-EA ACCIDENT S ANY AUTII OTHER THAN FA ACC S AUTO ONLY: AGG S EJICE561DMBRE LLA l1AeRfrY EACH OCCURRENCE I OCCll2 ~ CLAIMS MADE AGGREGATE S S OEOUCTISIE S RRETENTIIXJ S S -J S CO PENSAT{ON AND 51NPLOYERS' LUIBILR`( ITORY LIMITS ER Y 1 N ANY PROPRIETO R/PARTN.EA/EXECUTIV~ FFIC Rl D E - EL. EACH ACCIDENT S R E7{CLU DE 7 O E MFh1B (N°rrdat°ry In NH} E.L DISEASE • EA E3APLDYEi: f If yyeea, dexl~a under ~ECU1l PROVISIONS trelov E.L. DISEASE-POLICY LIMB f OTHER I DESCR~TION OF OPERAIf ONS / LOCATIOlLS ! YENICLE51 DICLUSIONS AD DED BY ENaoRSEMENTI SPECWL PROVISIONS Certificate Aolder is included as adriitional insured with respect to Traffic Enforcement Agreement Daly as respects General Liability. CERTIFICATE HOLDER CANCElLAT10N SHOULD ANY OF THE ABOVE DESCRIBED POL.)C1E5 BE CANCELiED BEFDRETi{E EXPIRATION D0.TE THEREOF, TIfE {39UINGlNSURER WILL. ENDEAVOR TD h1A1L 1 O DATE vVRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO iF{ E LEFT, BUT FAILURE TO DD SO SMALL BNPOSE ND OBLIGATION OR CIA9BJTY OF ANV KIND UPON THE INSURER ITB A9 ENTS OR of Delra ach CiC B REPRESENTATIVES. y y e 300 West Atlantic Avenue AUTHDRII EO REPRESENTATfYE • elra Heach EZ 33449-3695 ACORD 25 (2a09ra1J Q 1988-2009 A D C Al r ghts reserved. The ACORO Warne and logo are reglstared marks Df ACORD ~ ~ d 9 68L8~Z 699 auuay~e~ ' ~ozoy{ dZ8~60 60 Z6 ^ MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, E.I. Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 11, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 AMENDMENT N0.2 /FLORIDA HIGHWAY PRODUCTS, INC. AGREEMENT ITEM BEFORE COMMISSION Requesting Commission approval/authorization for Mayor to execute a contract amendment with Florida Highway Products Inc. (FHP) for microsurface paving of existing City streets. Total cost of this amendment is $29,471.47. BACKGROUND On April 21, 2009, FHP was awarded the City's annual resurfacing contract utilizing a process called microsurfacing. The cost of this project was $195,150.54. The City of Delray Beach has received Community Development Block Grant (CDBG) funding that can be used to offset some of the cost of this resurfacing contract. As a result the contract with FHP has to be amended to include all federal requirements. The availability of the grant funding also allows the City to resurface more streets in the CDBG target area. Street to be added include: SW 1st street from SW 5 Ave to SW 10 Ave, SW 1st street from SW 11 Ave to End/I-95. Attachments include contract amendment, federal requirements, contract proposal, and location map. FUNDING SOURCE 118-1965-554.63-11 RECOMMENDATION Staff recommends approval. AMENDMENT N0.2 TO THE AGREEMENT WITH FLORIDA HIGHWAY PRODUCTS, INC. THIS AMENDMENT N0.2 to the Agreement is entered into this day of 2009, by and between the City of Delray Beach, Florida, a Florida municipal corporation ("City") and Florida Highway Products, Inc. ("FHP"). WITNESSETH: WHEREAS, the City recently received Federal grant money regarding the upkeep of streets in certain areas of the City; and WHEREAS, the City recently entered into a contract with FHP regarding the resurfacing of certain streets in the City; and WHEREAS, the parties wish to add certain streets in the area that is subject to the grant funds. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and the good and valuable consideration as provided for herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Amendment. The Agreement is hereby amended as follows: The City wishes to add the following streets to the project: SW 1St Street from SW 5th Ave to SW 10th Avenue SW 1St Street from SW 11 th Avenue to West End/ I-95 The cost of paving the streets is listed in Exhibit "A", attached hereto and incorporated herein, and the work shall be completed within 60 days of the execution of this Amendment. FHP shall also comply, in addition to the terms and conditions listed in the underlying agreement, to the provisions listed in Exhibit "B", attached hereto and incorporated herein, for the resurfacing of the streets listed above. 3. Full Force and Effect. All other terms and conditions of the Agreement not expressly modified by this Amendment No. 2 thereto remain in full force and effect. Approved as to Form: By: City Attorney WITNESS: (print or type name) STATE OF COUNTY OF FLORIDA HIGHWAY PRODUCTS, INC. By: Name Printed: Title: The foregoing 2009 by corporation. He/She produced ,a personally (as identification). _, of _ corporation, on behalf of the known to me/or has instrument was acknowledged before me this day of is Signature of Notary Public EXHIBIT "A" Florida Mlghw Produ Lfc Florm~~ ~ ,.u,y Products, Inc ~ 174 ~ .:ic__ Blvd. Ste 101 C` , FL 34747 '~ Fax: 407-56{i-4201. TO: Randal L. Krejcarek P. E. City of Delray Beach 434 SW Swinton Delray Beach, Fl. 33444 561-243-7299 1'vpe of work: Date:6/10/2009 Job Location:Delray Beach Salesperson: P. Carlisle Project Mgr: last. Start llate: March April If applicable, see attached Street list Item t1 Description Estimated Quantity Units Unit Price Extended Price $ - Double Micro Surface Treatment 7533 SY $ 3.59 $ 27,043.47 $ - Leveling/ Rut Fill (estimated) 2 Ton $ 239.00 $ 478.00 $ - $ - $ - $ - $ - Striping (see attached street list) 1 $ 1,950.00 $ 1,950.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subtotal $ 29,471.47 Total Based on last. Qty's $ 29,471.47 Thank ou for considerin Florida Hi hwa Products, for our Pavement and Roadwa Mana ement i~~ -rl' f ~ ~~ i ~ ~~4%c Federal Labor S#andards Provisions Applicabllfty The Pro}ect or Program to which the construction work covered by this contract pertains is being assisted by flTe United States of America and khe following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (t} Mlnlmum Wages. All laborers and mechanics em- ployed ar working upon the site of the work will be paid uncondi- tionallyand not less o#ten than once a week, and without subse- quent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secro- tary of Lobar under the Copeland Act (29 CFR Part 3}, the full amounE of wages and bona tide fringe bane#its (or cash equiva- lents thereof} dua at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, re- gardless of any contractual relationship which may tae alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section f(b}(2) of the Davis-bacon Ack an behalf of laborers ar mechanics era considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5{a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but no# less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe bane#its on the wage determination for the classi- fication of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics per- forming work in more than one classification may be compensated at the rate specified for each classification far the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent In each classification in which wnrk is performed. The wage determination (including any addi- tional classification and wage rates con#ormed under 29 CFR 5.5{a)(1)(ii) and the Davis-Bacon poster (WH-1321 }shall be posted at ail times by the contractor ar;d ils subcontractors at the site of the work fn a prominent and accessible, place where it can bs easily seen by the workers. (Ii} (a} Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in cpnformanCe with the wage deter- mination. MUD sirs!! approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (i) The work to ba performed by the classification requested is not performed by a classification in the wage determination; and (7} The classification is utilized in the area by the construction industry; and {3} The proposed wage rate, including any bona fide fringe ben- efits, bears a reasonable relationship to the wage rates contained in the wage determination. (h} if the contractor and the laborers and mechanics to be em- ployed in the classification (if known), or their representativos, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where U,3. Department of Housing and Urban Development Office of Labor Relations appropriate), a report of the action takers shall be sent by HUD or its designee #o the Administrator of the Wage and Hour Dfvisian, iwmployment Standards Administration, U.S. Department of La- bor, Washington, D.C. 2Q210. The Admin#strator, ar an authorized representative, will approve, modify, or disapprove every additional closet#ication action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved lay the Office of Management and Budget under OMB central number 1216- 0140.) (c) In the avertt the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classifioation and wage rata (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommenda- tion of HUD or its designee, to the Administrator for determina- tion. The Administrator, or an authorized representativq, will is- sue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 121b- o14a.} (d) The wage rate (including fringe benefits where appropriate) detormined pursuant to subparagraphs (1)(ii)(b) or (e} of this para- graph, shall tee paid to all workers performing wnrk in the classili- cation under this contract From the first day on which work is p~r- formed in the classification. tilt) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay an- otherbona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor dace not make payments to a Trustee or other third person, the contractor may consider as pare of the wages of any laborer or mechanic the amnunt of any costs rea- sonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis-Macon Act have been mat. The Secretary of Labor may require the contractor to set aside in a separate ac- count assess for the meeting of abligatians under the plan ar pro- gram. {Approved by the Office of Management and Budget under OMB Control Number T2T5-0140.) 2. Witttholding. HU^ or its designee shall upon its own action or upon written request of an authorized representative of the De- partment of Labor withhold or cause to be withheld from the con- tractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued pay- ments or advances as may be considered necessary to pay la- borers and mechanics, including apprentices, trainees and help- ers, smpioyed by the contractor or any subcontractor the foil amount of wages required by the contract In the avant of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed nr working an the site of the work, elf or part form HUD-4{110 (07!2003) --I i.,.....JL.. -,. fin., ., ~ Pre~lous edltton Is obsolete Page t of 4 of the wages required by the contract, HUD ar its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary io cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written native to the contractor, disburse such amounts withheld for and nn account at the contractor or subcontractor to the respective employees to whom they are due. The Comptroller C~eneraf shall malts such disbursements in the case of direct Davis-Bacon Act contracts, 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shalt be maintained by the contractor during the course of the work preserved for a period of three years thereaf- ter far all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social secu- rity number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types describod in Section I(b)(2}(B) of tfle Davis-bacon Act), deify and weakly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5,5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan ar program described in Sac- tlon I(b)(2)(B) of the Davis-Bacon Act, the contractor shall main- tain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially re- sponsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and retards which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs, (Approved by the Office of Management and Budget under OMB Control fVumbers 1215.0140 and 1215-0017.) (If} (a) The contractor shall submit we6kiy for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out ac• curately and completely all of the information required to be main- tained under 29 CFR 5.5(a)(3)(i). This information may be submit- ted in any form desired. Opiiana3 Farm WH-347 is available for this purpose and may be purchased from the Superintendent of t]oouments (Federal Sinck Number D29-005-00014-4 ), U. S. Gov- ernmen# Printing Office, Washington, DC 20402. The prune con- tractor is responsible for the submission of Copies of payrolls by all subcontractors, (Approved by the Office of Management and Budget under OMB Contras Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "state- ment of Compliance; signed by the contractor or subcontractor or his or her agent who pays ar supervises the payment of the per- sons employed under the contract and shall certify the following: (i) That the payroll far the payroll period contains the information required to be maintained under 29 CFR 5.5 {a)(3)(i) and that such information is Correct and complete; (2) That each laborer or mechanic (including each helper, ap- prentice, and trainee) employed on the contract during the payroll period has beam paid the #utl weekly wages earned, without re- bate, either directly or indirectly, and that no deductions have been made either directly or indirectly Pram the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specs#ied in the appli- cable wage determination incorporated into the contract. (c) T#~e weekly submission of a properly executed certification set Earth on the reverse side of Optional Form WH-347 shall sat- isfy the requirement for submission of the "Statement of Compli- ance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1041 of Title 1$ and Section 23t of Title 31 of the Uniked States Cade. (iii) The contractor ar subcontractor shall make the records re- quired under subparagraph A.3.(i) available far inspection, copy- ing, or transcription by authorized representatives of HUD ar its designee or the Department of [.abor, and shall permit such rep- resentatives to interview employees during working hours on the jab. ff the Contractor or subCOn#ractor fails to submit the required records or to make them available, MUD or its designee may, after written notice to ttte contractor, sponsor, applicant ar owner, take such action as may be necessary to cause the suspension of any further payment, advance, ar guarantee of funds. f=urthermore. failure to submit the required records upon request ar to make such retards available may be grounds for debarment action pur- suant to 29 CFR 5.12. 4. Apprentices and Trainees. (I) Apprentices. Apprentices wilt be permitted to work al less than the predetermined rate for the work they performed when they are employed pursuant to and individually regist®red in a bona fide apprenticeship program registered with the U.S. De- partment of Labor, Employment and Training Administration, Of- fice of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the pffice, or if a person is employed in his or her first 90 days of probationary employment as an apprentice In such an apprenticeship program, who is net individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where apprppriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the jab site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program, Any worker listed on a payroll at an ap- prentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less titan the applicable wage rate on the wage determination for the classification of work actu- ally performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the appticabie wage rate on the wage determination For the work actually performed. Where a contractor is pertorming construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's ar subcontractor's registered program shall be observed. Every apprentice must be paid at oat less than the rate specified in the registered program for the apprentice's Isvel of progress, expressed as a percentage of the form MUD-4010 {0712003) rel. Handbook 1344.1 Previous edition is obsolete Page 2 of 4 journeymen hourly rate specified in the applicable wage determi- nation. Apprentices shall be paid fringe benefits In accordance with the provisions of the apprenticeship program. If the appren- ticeshipprogram does not specify #ringe benefits, apprentices must be paid the full amourn of fringe benefits listed on the wage deter- mination for the applicable classification. If the Administrator de- termines that a dif#event practice prevails for the appiicabie ap- prentice a#assitication, fringes Shall be paid in accordance with that determination. In the event the Office of Apprenticeship Train- ing, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an ap- prantrceship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is ap- proved, (il) Trainees. Except as provided in 29 GFR 5.16, trainees wilt not be permitted to work at less than the predetermined rata far the work performed unless they are employed pursuant to and individually registered in a program which has received prior ap- proval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the jab site shall not be greater than permitted under the plan approved by the Employment and Train- ing Administration. Every trainee must be paid at not less than the rate specified in the approved program for the traineB's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall ba paid fringe benefits in accordance with the provisions of the trainee program. if the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenkice- ship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits ter apprentices. Any empbyee listed on the pay- roll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Admin±s- tration shaft be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid eat less then the applicable wage rate on the wage determination far the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the con- tractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equet employment opportunity. The utilization of appren- tices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requlremen#s. The contrac- torshall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the con- tract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. t3. Compllanc0 with Davis-l3acon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts i, 3, and 5 are herein incorpo- rated by reference in this contract 9. Disputes concerning labor siandards. Disputes arising out of the labor standards provisions of this contract shall not be sub- ject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the De- partment of Labor sat forth in 29 CFR Parts 5, ti, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U. S. Department of Lobar, or the employees or their repre- sentatives, 10. (#} Certlficatlan of Eliglbllity. By entering into this contract the contractor certifies that neither it (nor he or she) nor any per- son or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.t2(a)(i) or to be awarded HUD Contracts or participate in HUd programs pursuant to 24 CFR Part 24. (fi} No part of this contract shall be subcontracted to any person or #irm ineligible far award of a Government contract by virtue of Section 3{a} of the Davis-Bacon Act or 29 CFR 5.12(0)(1 } or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFIq Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S_C., "Federal Housing Adminis- tration transactions", provides in part: "Whoever, for the purpose of ...influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both:' 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whore the wage, salary, nr other labor standards provisions of this Contract era applicable shall be dis- charged or in any other manner discriminated against by the Con- tractor or any subcontractor because such employee has flied any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor siandards appiicabie under this Contract to his employor. B. Contract Work Hours and Safety Standards Act. The previ- sions of this paragraph B are appiicabie only where the amount of the prime contract exceeds $100,400. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1 } Overtime requirements. No contractor or subcontractor con- 6. Sutscontracts. Tha contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A end such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause re- quiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible For the compliance by any subcantracfinr or tower tier subcontractor with all the contract clauses in this paragraph. Previous edition is obsolete Pad [ratting for any part of the contract work which may require or involve the employment of laborers ar mechanics shall require or permit any such laborer pr mechanic in any workweek in which ha or she is employed on such work to work in excess of 40 hours in such work- week unless such laborer or mechanic receives compensation at a rate not less than one and one-halt times the basic rate of pay for all hours worked in excoss of 40 hours in such workweek. (2} Vlalation; liability for unpaid wages; liquidated damages. in the event of any violation of the clause set forth in subpara- - -- ~farm HUD•40t0 (07/2003} )e 3 of 4 ref. Handbook t34d.t graph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addi- tion, such contractor and subcontractor shall be tiabla io the lJnited States (in the case of work done under contract for the District of Columbia ar a territory, to such ©istrict or ko such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 far each calendar day on which such individual was required or permit- ted to work in excess of the standard workweek of 4t) hours withou! payment of the overtime wages required by the clause set forth in sub paragraph (t) of this paragraph. (3) Wlthholdtng for unpaid wages artd liquidated damages. HU€7 or its designee shall upon its own action or upon written request of an authorized represemative of the Qepartment of La- bor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, ar any other Federally-assisted contract subject to the Contract Work hfours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such con- tractor orsubcontractar far unpaid wages and liquidated damages as provided in the ClaUSe set forth in subparagraph (2} pf fhis paragraph. (4) Subcontracts, The contractor or subcontractor shad insert to any subcontracts the clauses set forth in subparagraph (1) through (4) a# this paragraph and also a clause requiring the sub- contractors to include these clauses in any lower tier subcontracts. The prime contractor shaft be responsible for compliance by any subcantrac#or or lower tier subcontractor with the clauses sat forth in subparagraphs (1) through (4} of this paragraph. C. Health and Safety. The provisions of this paragraph C are ap- plicable only where the amount of the prime contract exceeds {Z) No laborer ar mechanic shaft be required to work in surround- ings or under working conditions which are unsanitary, hazard- ous, or dangerous to his health and safety as determined under construction safety and health standards promulgated bythe Sec- retary of Labor by regulation- (2) Tha Contractor shall comply with aA regutations issued by the Secretary of Labor pursuant to Title 28 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Con- tract Wark Hours and Safety Standards Act, 4Q USC 37Q~,,et sea. {3) "I'fhe Contractor shalt include the provisions of this para- graph in every subcontract sa that such provisions will be binding on each subcontractar_ The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and l3rban Development or the Secretary of Labor shat) dlrec# as a means of enforcing such provisions. form HUD•4p1p (0712003} ref. Handbook 1344,1 Previous edition is obsolete Page 4 of 4 Introduction his Guide has bean prepared far you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis-bacon prevailing wage require- ments. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are applicable. While the guidance contained in this Guide is generally applicable to any Davis-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed m the Contract- ing officer who signed the contract for the Federal agency. Our objective here is to provide you with a guide which is simple and non- bureaucratic yet comprehensive and which wilt help you better understand and comply with Davis-Bacon labor standards. HUD's Office of Labor Relations worked closely with the Department of Labor's Wage and Hour Division to make sure chat the labor standards provisions in your contract and the specifics of complying with them represent the latest information, ]t is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-ta-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding. There are three chapters in this Guide. The frst chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what's in your contract that requires Davis-bacon compliance and your responsibilities. The second chapter deals with labor standards and payroll reporting requirements. The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been} paid and any back wages that may be due. Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the purpose of this Guide, we are assuming that a determination has already been made that Davis-Bacon wage rates are applicable. Should you wish assistance in determining whether Davis-Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HU^ Labor Relations Field staff for your area. If you don't know which staff to contact, a lisc of labor Relations field offices and their geographic areas and telephone numbers can be found on HUD's Home Page at the address below. Visit the office of Labor Relations on the World Wide Web HUD Home Page at: http://www: hudgoy/o~cesJalr Obtain additional copies of this Guide and other publications at our web site or by telephone from HUD's Customer Service Center at (800} 767-7466. Table of Contents Introduction ............................................................................................... i CHAPTER 1. Laws, Regulations, Conttracts and Responsibiiitiies - I Davis-Bacon and Other Labor Laws .................................. I - I a. The bavis-Bacon Act {DBA) ........................................................ I-1 b. The Contract Work Hours and Safety Standards Act c. The Copeland Act (Anti-Kickback Act) ........................................ I -2 d. The Fair Labor Standards Act {FLSA) .......................................... I-2 -2 Davis-Bacon Regulations ........................................................ I-2 -3 Construction Contract Provisions ...................................... I -2 1-4 Responsibility of the Principal Contractor ..................... I -3 -S Responsibility of the Contract Administrator .............. i -3 CHAPTER 2. How to Comply with Lobar Standards and Payroll Reporting Requirements SECTION 1-THE BASICS 2-! The Wage Decision ............................................................... .... 2-~ a, The work classifications and wage rates ................................. .... 2-I b. Postirl$ the wage decision ....................................................... .....2-2 2-2 Additional "Trade" Classi~catians and Wage Rates ...................................................................... .....2-2 a. Additional classification rules ................................................... .... 2-2 b. Making the request .................................................................. .....2-2 c. HUD review ............................................................................ ..... 2-3 d. DOL decision ........................................................................... .....2-3 2-3 Certifed Payroll Reports ................................................... ..... 2-3 a. Payroll formats ........................................................................ ..... 2-3 b. Payroll certifcations ................................................................ .....2-4 c. "No work" payrolls .................................... . 2-4 d. Payroll review and submission ................................................ ..... 2-4 e. Payroll retention ...................................................................... ..... 2-4 f. Payroll inspection .................................................................... .... 2-5 2-4 Davis-Bacon Definitions .......................................................... z-5 a. f_aborer or mechanic ................................................................ .. 2-5 b. Empioyee .................................................................................. .. 2-5 c. Apprentices and trainees .......................................................... .. 2-5 d. Prevailing wages or wage rates .................................................. 2-b e. Fringe benefits ........................................................................... .. 2-7 f. Overtime ................................................................................... .. 2-7 g. Deductions ................................................................................. . 2-7 h. Proper designation of trade ...................................................... .. 2-$ i. Site of work ............................................................................... .. 2-8 SECTION II -REPORTING REQUIREMENTS 2-5 Completing a Payroll Report .............................................. .. 2-8 a. Project and contractorlsubcontractor itformation ................. .. 2-9 b. Employee information ............................................................... .. 2-9 c. Work classification .................................................................... .. 2-9 d. Hours worked ........................................................................... .. 2-9 e. Rate of pay .................................................................................. 2-9 f. Grass wages earned .._. ............................................................. 3-10 g. Deductions ................................................................................ 2- I 0 h. Net pay ..................................................................................... 2-10 i. Statement of compiiante .......................................................... 2- I ~ j. Signature .................... .................................~-~,........................ 2-! I SECTION III -PAYROLL REVIEWS AND CORRECTIONS 2-6 Compliance Reviews .............................................................. z-! I a. On-site interviews ..................................................................... 2-I I b. Project payroll reviews ............................................................. 2- I Z-7 Typical Payroll Errors an d Required Corrections .................................................. 2-I I a. Inadequate payroll information ................................................. 2-12 b. Missing addresses and Socia! Security Numbers .................... 2-12 c. Incomplete payrolls .................................................................. 2- i 2 d. Classiitcations ................................................ ........................ 2-IZ e. Wage rates ................................................................................. 2-12 f. Apprentices and trainees .......................................................... 2-12 g. Overtime ................................................................................... 2-12 h. Computations ............................................................................ 2-13 I. Deductions .............................................................. .... 2-I 3 j. Fringe benefits ........................................................................... 2-13 k. Signature ........................................................... ...,.... ................ 2-! 3 !. On-site interview comparisons ................................................ z- 13 2-8 Restitution far Underpayment of Wages ..................... z- 13 a. Notification to the employer/prime contractor ..................... 2-13 b. Computing wage restitution ..................................................... 2- 14 c. Correction payrolis ................................................................... 2-I4 d. Review of correction CPR ........................................................ 2- E 4 e. Unfound workers ...................................................................... 2-14 CHAPTER 3. Labor Standards Disputes, Ac~ministratnre Reviews, Withholding, Deposits and Escrow Accounts, and Sanctions 3- I lntrvduction .......................................................................... ....... 3- f 3-2 Administrative Review on labor Standards Disputes ..................................................... 3- I a. Additiana! cfassifrcaCions and wage rates ......................................3-I b. Findings of underpayment ............................................................ 3-2 3-3 Withholding ..................................................................... .... 3-2 3-4 Deposits and Escrow Accounts ............................................ 3-3 3-5 Administrative 5anctions ....................................................... 3-4 a. DOIw debarment ...........................................................................3-4 b. HUp sanctions ............................................................................. 3-4 3-8 FaEsificatian of Certi#ied Payroll Reports ......................... 3-4 Index ....................................................................................................... A-I Acronyms and Symbols ................................................................... A-3 Davis-Bacon -- Related Web Sites ............................................... A-3 ~xh ibits HUD-4720, Project Wage Rate Sheet ............................................. A-4 WH-347, Payroll Form ..................................................................... A-5 Statement of Compliance .................................................. A-~ ~ ~ E ~. - m act ~a 3p ~, ~, °a ~ s: s " ~ m'~® ,_-~-: _ he following paragraphs describe what the labor standards laws and n, regulations actually say and what they mean to you on HUD projects: "' ~ ~" ~ I ' ° ~~' ~j J ~ ' ~ J a. The ®a~is-Bacon Act (D BA} The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Lobar) to alf laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, '4 ° of public buildings or public works. ~~ ~ ~, Mast HUD construction woi-lc is not covered by the D)3A itselF since'. NUD seld~ ~m contracts directly far constructiar~ services. Most often, if Davis-Bacon w~ag~ r ates apply to a HUD project it is because of a labor P`ovision toratait~ed iii one of HUi~'s "Re[ater~ ' Acts" such as tl~e U.S. Hausirrg Act of 1937, tine ~lational Housing Act, the Hausin~ anE~i - Cvrr7rr~unity Deveiaprner<t Act of I X74, ti-te l~tational Atsordable Housjng Act of l 99{x, as~d the l~lative Arrrerican Hc~ussr~g Assistance and' Setf-Detertt~ir~atiort Act of l 995. The Related Acts are often referred to ~s the Davis-Bacon and Related Ac'~s or ~~~. - f '~G ~ L b. The Contract 1oVork 1-#ours and " "~~ `~' ~7~;,=~, l~W Safety Standards Act {CWHSSA) 3 ~~ CWHSSA requires time and one-half pay far overtime (O/T} hours - ~ . ~~` (over 40 in any worl<weel<} worked on the covered project. The =~~'•~` ~.:~, .. CWHSSA applies to both `^- ~ y ' direct Federal contracts and CWHSSA does not apply to prime contte~cts of ~#C10,f1013 or less. lr~ to indirect Federally-assisted addition, some HIJD projects ate not covered by CWHSSA becatESe contracts except where the some HUD' programs only provide foaE3 guarantees or insurance. assistance is salefy in the I CWHSSA also does not apply to ct~n5tr~iJCtion or rehabilitatic~rt nature of a loan guarantee ar f' contracts that are trot subject to Federal prevailing wage rates (e.g., insurance. CWHSSA viola- ©avis-Bacon wage. t~tes,'or HUD-determined rates far c~~eration of flans carry a liquidated public housing and lndran block grant-assisted., housing~3. Ht~wever,: damages penalty ($ l 0/day per ~ even though CINNSS,4 overtime: pay is root reriuired, 1=alt' Labor' Standards Act (FLSAj overtime pay is probably still applicable. (See violation). Intentional viola- I also Labar Rclattons Letter- SL-95-O 1, CWHSSA Covernge tf~reSl~old for tions of CWHSSA standards pvertime ctr~d 17ealth and safety ~rovisrons, available an-line at the HUD can be considered for Federal Labar Relatior-rs Ubrary at: www.l~r}d.~ovfc~ffices~alrt`libr-aty:cfmj criminal prosecution. '; c. The Copeland Act (Anti-Kickback Act) The Copeland Act makes it a Federal crime far anyone to require any laborer ar mechanic (employed an a Federal ar Federally- assisted project} to kickback (i.e., give up or pay back} any part of their wages. The Copeland Act requires every employer (contrac- tors and subcontractors) to submit weelcly certifed payroll reports (CPRs) and regulates permissible payroll deductions. d. The fair Labor Standards Act (1FLSA) The FLSA contains Federal minimum wage rates, overtime (O1'T'), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA. HUD will refer to the DOL any possible FLSA violations that are found on HUD projects. The Department of Labor {DOL} has published rules and 'instructions concerning Davis~Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title Z$ Cl"R Parts !, 3, 5, 6 Arad 7. Part ! expla'sns how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements far payroll deductions and the submission of weekly certified payroll reports. Part 5 covers the labor standards provisions that are in your contract relating to Davis-Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part d provides for administra- tive proceedings enforcing Federal iabor standards on construction and ServiC:e c[73~Cf'aCis. Last, Pc7P'C i Scts paramEtcrS far pr act4Ce before the Administrative Review Board. These regulations are used as the basis far administering and enforcing the laws. Cr~st~ior~ r~~t ~°~s~s Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and aDavis-Bacon wage decision. These documents are often bound into the contract specifications. a. The Labor Standards Clauses The Tabor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of viola- tions, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract adminis- trator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-~55~, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used far CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction -- Public and Indian Housing Program. The Davis-Bacon wage decision {or wage determination) is a fisting of various construction work classifications, such as Car- penter; Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people perform- ing work in those classifications must be paid. Davis-Bacon wage decisions are established by the DUf_ for r '~P ':~a~' ' ~ ~' various types of construction (e.g., residential, heavy, highway) ~~ ~~ and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified A11 current DavismSacori wage from time to time to keep them current. In most cases, when the contract is awarded or when construc- tion begins, the wage decision is "locked-in" and no future modifications are applicable to the contract or project involved. dF~csior~s ~_ar~ Lie accesser~ on-line 3T'T~C? COSC fit: The principal contractor {also referred to as the prime or genera! contractor) is responsible far the full compliance of all employers (the contractor, subcontractors and any Power-tier subcontractnrs} with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his~her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.} rrreart the principal tontra~tor; "subcc~ntractar"wil'I ~rreari all subs including lower--tier.- sul~cQntracto~-s; and tl~e tei-n~ "ernppoyet•"will; I -contractors as a group, including tl~e pr-irr~e coi~tractcir and any subi ~ ar~d .laver-tier. subcontractors. The contract arlministratvr is responsible for the proper adminis- tration and enforcement of the Pederal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person {or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner; sponsor, architect), including providing the proper Davis-Bacon wage decision {see 112-f ,The Wage ®ecision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction. The contract administrator also monitors labor standards compliance (see 112-5, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll re- ports, and oversees any enforcement actions that may be required. The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered direaty by HUD staff usua!!y FHA-insured multtfamify projects, the contract administrator wr!! be the HUD Labor Relations field staff: $ut many HUD-assisted projects are administered by focal contracting agencies such as Public Housing Agencies {PHAs), Indian tribes and tribafly-designated housing entities {TDHEs}, and States, cities and counties under HUD's Community Development Block Grant (CDBG} and HOME programs. !n these cases, the can- tratt adtrrinrstrator will likely be local agency staff. In either case, the guidance for you remains essenrially the same. The DOL also has a tale in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit bavis-bacon construction sites to interview construction workers or review payroll information. F ~~ ~ "• - ~ ^ ~~ . EY ~,.1~ ~ ~~~ ~ .,: - a rt `~ g. }- Now that you know you're on a Davis-Bacon project and you know some of the legal and practical implications, what's next? _ ~ ,° h - - ,, ~:~iE€~ Davis-Bacon labor standards stipulate the wage payment re for Carpenters, Electricians, Prurrrbers, Rowers, Laborers, and other construction work classifications that may be needed for the project. The Davis-Bacon wage decision that applies to the project contains a schedule of work classifi- cations and wage rates that must be followed. If you don't have it already (and by now you should), you'll want to get a copy of the applicable ®avis-Bacon wage decision. ~quirements ~' "' '~' ~'y ~ieF~"ierTlE7er; ~}l~ W3~E C~LCiSiC~i~ ~ is`cantaired in tl~te conr-act ~ specifications along with ti ie ~ labar- standards=clauses. See '1-~, ~prtS~RlC~1O13 ~r~~trclc"t prnvlS[Ot75. ~. _ °` a. The Wor]< Classifications and Wage Rates A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You'll want to make sure that the work classification{s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and~ar types of construction work {for example, residen- tial and commercial work} and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or focal agency staff) if you have any trouble reading the wage decision ar finding the work classification(s) you need. To rrtal<e r~eadirig Eenget~y wage decisions easier' for yau, ; the cantract ac{n~irristratar nay prepare aProject- Wage Rate Sheet ~HUt7-4720). 'his Sleet is none-page.: transcript that v~ili sht~w oniy the e'sassificatons and wage: rues far a par-ticulai- project. A blan1c copy of a Pr-oj~ct Wage Rate Sheet is pravicied for yotl in the appendix. Also, a finable versian of this farrr~ is ~vaila#~le an-lure at HUID~Iips (see web address'in the Appendix). Ccintact tl~e contract adrninistr~tor- rr~onitoring youi project for ' F assistance with a Prajert Wage Rate 5hee%_; 6. Posting the Wage Decision If you are the prime contractor, you wi11 be responsible far posting a copy of the wage decision (or the f'raject Wage Rate Sheet) and a copy of a DAL poster called Notice to A!f Employees {Form WH- 132 I) at the job site in a place that is easily accessible to all of the construction workers employed at the project and where the wage decision and poster won't be destroyed 6y wind or rain, etc. The Notice to All Emfalayees poster is available on-line at HUDCIips {see address in the Appendix). 2-2 Additional "g"rade" Classifications and Wage Rates What if the work classificatio» you need isn't an the wage decision? If the work classification(s) that you need doesn't appear on the wage decision, you will need to request an additiarra! classlfrca- >~ian and wage rate. This process is usually very simple and you'll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications, you'll find these rules in the DOL regulations, Rant 5, and in the labor clauses in your contract. The rules are summarized far you here: a. Additional Classification Rules Additional classifications and wage rates can be approved if: I} The requested cfassificarinn is used by construction contrac- tors in the area of the project, {The area is usually defined as the county where the project is located}. 2} The work that will be performed by the requested classifica- tion is not already performed by another ciassi#ication that is already on the wage decision. (1n other words, if there already is an Electrician classification and wage rate on the wage decision you can't request another Electrician classiftcation and rate,) 3) The proposed wage rate for the requested classification "fits" with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at {east as much as the lowest wage rate for other trade classifications already contained in the wage decision,) And, 4) The workers that will be employed in the added classification (if it is known who the workers are/will be), or the workers' representatives, must agree with the proposed wage rate. b. Making the Request A request for additional classification and wage rate must be made in writing through the contract administrator. (lf the contract administrator is a local agency, the agency wil! send the request to the HUD Labor Relations staff.) !f you are a subcontractor, your request should also ga through the prime contractor. All you need to do is identify the work classification that is missing and recom- mend swage rate {usually the rate that employer is already paying to the employees performing the work) far that classification. You may also need to describe the work that the new classi#ication will perform. c. E-9UD ~.evieae The HUD Labor Relations field staff will review the requested classification and wage rate to determine whether the request meets the DOL rules outlined in paragraph 2-2(a), above. if addi- tional information or clarification is needed, the staff will contact the prime contractor (or contract administrator for local agency projects) far more information, ete. If the Labor Relations review frnds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approval referral letter to the DOL. If the HUD Labor Relations staff doesn't think the request meets the rules and if agreement can't be reached on the proper classifaM cation or wage rate for the work described, the HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldn't be approved. The DOL still has final decision authority. You will receive a copy of the disapproval referral letter to the DOL. d. DDL Decision The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval native on the job site with the wage decision. if the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommen- dation approved, i -- - --- -- -- -- - #t's a#ways a gaud ides to talk to the contract adrninistr-ator before C classification and wage rate r-egr.rest; The contract adrniristr'atot° c ~ advice that may save you time and increase the lil«lihood t#3at'QO tJsualEy. the contract administrator- can give you an idea about who You'll need to submit a weekly certified payroll report (CPR) begin- ='< Wing with the first week that your company works on the project and for every week afterward until your firm has completed its work. It's always a goad idea to i ~ - - ~ ~ LL u~y W - V A number the payroll reports beginning with ~ You are not required try use # l and to clearly mark your last payroll for i ~orsm WH-347: You at-e w~ the project "Final." ~ use any other type rSf `payrc computerized i'Qrn~at5, as }< a. payroll Formats contains. a}( ©f tl-re inforrnati: The easiest form to use is DOL's requir°ed on t#to WH-347'. WH-347, Payroll. A sample copy of the -- - -' WH-347 is included in the back of this Guide. You may access a fillable version of the WH-347 on-line at HUDCIips (see web address in the Appendix). Also, the contract administrator can 6 provide a few copies of the WH-347 that you can reproduce. emitting an additional 'fer suggestions r,nd i[# approve your request. __ DOS wi#! fihalEy dQcide. ayroll ~. Payroll Certifications If you number your payroll reports consPC~stively, you da riot need to st~bn~it i "r~o ~r~~~rl<" p2yr-oE1s' i The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll cea-ti~catian language is on the reverse side of the WN-347. If you are using another type of payroll format you may attach the certification from the back of the WH-347, or any other format which contains the same certification lan- guage on the WH-347 (reverse). I DQL's website has Payroll instructions, ~! and the Payr-oli Forrrr V1~H-347, in a "~illabie" PDF forr~r~at at this address: trvwav.daf gu~fes~~~~g~-a~~%df~ra,' ', far°n~s.hr~n-~ ~rtd at ~fU~'3Clips. c. "1•!0 ~Vorlc" Payrolls "Na work" payrolls may be submitted whenever there is a temporary break in your wnrlc an the project, far example, if your firm is not needed on the project right now but you will be returning to the jab in a couple of weeks. (See Tip Box, befow, for "no work" payro!! exemption?) However, if you know that your firm wilt not be working on the project far an extended period of time, you may wish to send a short Hate to the contract adminis- trator to let them know about the break in work and to give an approximate date when your firm will return to the project. If ~~ y^vu Sen a r3nte, you n Hat need to s'e'nd ,i., ,rvark" payrGllS. d. 1Payroll Review ancf Submission The prime contractor should review each subcontractor's payroll reports for compliance prior to submitting the reports to the contract administrator. Remember, the prime contractor is respon- sible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports far any project must be submitted to the contract administrator through the prime contractor. ' Arr aier~ pr~irr3e cor~tractar that t-eviews subcontractor payro#l subrnrssians Carr detect pry misunderstandings early, nreuent costly ur~d~rpayrr~ertts and protect itself i frotrr financial loss should underpayments Qcc~~r { e. Payroll Retention Every contractor {including every subcontractor) must keep a complete set of their own payrolls and other basic records such as time cards, tax records, evidence of fringe benefit payments, for aDavis-Bacon project far at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project. f. ~-ayrali Irtspectit~n In addition to submitting payrolls to the contract administrator, every contractor {including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL. Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These de#initions can help you understand what will be required of you: a. ~.alborer or (Mechanic "Laborers" and "mechanics" mean anyone who is performing construction work an the project, including trade journeymen {carpenters, plumbers, sheet metal worlEers, etc.), apprentices, trainees and, for CWHSSA purposes, watchmen and guards. "Laborers" and "mechanics" are the two groups of workers that must be paid not less than Davis-Bacon wage rates. I) Working foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered "laborers" and "mechanics" for labor standards purposes for the time spent performing construction work. ~) Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. {Contact the contract administrator if ynu have any questions about whether a particular employee is excluded.) ib. Employee ~. Every person who performs the work of a laborer or mechanic is "em~layed" regardless of any can- ~or'rnare informa tractual relationship which may be alleged to exist Contractors, ask tj between a contractor or subcontractor and such or your HUD Labs person. This means that even if there is a contract a copy of LaEaor Rf between a contractor and a worker, the contractor LaL~ar standards c`a3 must make sure that the worker is paid at least as self-emj'~Joyed lob4r much as the wage rate on the wage decision for the l~eiations Letters classification of work they perform. Nate that l~elatiotas pulalicati~ there are no exceptions to the prevailing wage l_abar l~elatirsr~s w' requirements for relatives ar fnr self-employed sitE addi-esse5 in tl laborers and mechanics. ~,.,,.~ °< c. Apprentices and Trainees The only workers who can be paid less than the wage rate on the wage decision for their work classification are "apprentices" and "trainees" registered in approved apprenticeship or training on abc~at working;sub- __ contract acEn~tinistratcsr r Relations Field Staff fot~ atiors Letter LR-96-Q l , ~pirar~ce requtremerrts ~'or ` rs arrd mechanics. labor ~~~ other helpful Labor ns are available at NUL7's ~ site (see the list of vveb y Jkj~pendix). programs, including Step-Up apprenticeship programs designed for Davis-Bacon construction work. Approved programs are those which have been registered with the DOL or a DOL- recognized State Apprenticeship Council (SAC). Apprentices and trainees are paid wage rates in accordance with the wage sched- ule in the approved program. Most often, tine apprer~t€ce/trainee ~tivage r ate Is ~~ expressed as a series rif percentages tied rr~ the ar~~o~~nt of time spent in the program. For example, ,~ 0-6 months: b5",'o; b months -~ f year-: 70~'b; etc. The per~~entage is applied to the journeyman~s wags rate. Ors ^avis-Bacon projects, tine per~~entage mist be applied to th? journeyma~~'s wage rate on the ap~lical3le w~c~ge decision for that craft- j I) Probationary apprentice. A "probationary apprentice" can be paid as an apprentice (less than the rate on the wage decision} if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice. ~) Pre-apprentice. A "pre-apprentice", that is, someone who is not registered in a program and who hasn't been DOL- or SAC-certified for probationary apprenticeship is not consid- ered to be an "apprentice" and must be paid the full journey- man's rate on the wage decision for the classification of work they perform. ~1 RatiG+ of annrentir_es and trainees to ;oearneymert. The maximum number of apprentices or trainees that you can use on tfre job site can not exceed the ratio of apprentices or trainees to journeymen allowed in the approved program. d. Prevailing Wages or Wage Rates Prevailing wage rates are the wage rates listed on the wage deci- sion for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage deci- sions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe beneft rate to the basic hourly rate unless you provide bona frde fringe benefits for your employees. I) Piece-work. Some employees are hired on a piece-work basis, that is, the employee's earnings are determined by a factor of work produced. For example, a Drywall Hanger's earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter's earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked. Accurate time records must be maintained for any piece-work employees. If the weekly piece rate earnings are not sufficient, the employer must recompute weeldy earnings based upon the actual hours worked and the rate on the wage decision for the work classification{s) involved. e. Fringe ~enetits Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits dv no€~ include employer payments or contributions required by ether Federal, State or loco! laws, such as the employer's contribution f~ote that the total ho~lrly wage rate paid to any laborer- or- n~echarric {basic vrage or basic`wagw plUS fringe oenefits) rr~ay be no less than the total wage rate (basic wage or laasEc w~gr~ plE.ts fringe benefits) on fete wage dec€sior~ for their r_raft. if the value of t#ie f>?nge gene€iTf s} yore ~f•ovide is less than? the ft`nga benefr* rste on the wage decision, yi~E~ will need to add the b~aian~ce of the vr~tge dECision fringe benefit rate to t#~e basic rate paid to tine enr~~loyee. l=or- exarr,pie, if the vdag? dreision rPC~uir-es ~ (U~ hour basic r ate plus $S!hour fringe benefits, you must pay no less tl-ran that total 1'$ i 5/hour) in the basic rate ot° basic rate plus whatever frrrtge b~nefrt you may prr~vec~~. 'tau ern meet this t;bligation inseveral ways: yore could pay the base wage ark fringe benefits as stated in the w~~e decision, or you cot~~d pay $15 it Iaaseu~Yage with no fr-in~e benefits, or you could pay X12 basic plus ~3 ft-ing~ l~en~flts- 'fou earl also o~-set the amount of the base wage if you pay r~~or-e its fringe benefits such as by paying ~~r $9 basic pius'~f~ fringe benefits; as long as; you meet the total amount. Tl3e amount ~,f the base viage that yon, nay off-set v~itl~ fringe benefits is limitFd by certain lR5 arsd Fl-SA rr~rj3rRmRr~r_s f. Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one~half times the regular rate of basic pay plus the straight-time rate of any required fringe ben- rniast pay. far overtime: ~ l Slhr (~9 basic -~- $6 fringe) ',; plus ~5 (+ane-half of $ (fl, the wage clecisian basic rate) fir a tat~l of $20 der hour'. g• You may make payroll deductions as perm'stted by ©OL Regula- tions 29 CFR Part 3. These regulations prohibit the employer from requiring employees to "kick-back" (i.e., give up) any of their earnings. Allowable deductions which do eat require prior DOL permission include employee obligations for- income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any ether legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgements and other financial obligations legally imposed against the employee. h. Proper ®esignatiors of 'Trade You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be pa'sd no less than the wage rate on the wage decision for Carpenters even if they aren't considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs. !) Split-classification. If you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each work classification in which work was perforrr~ed only if you maintain accurate time records showing the amount of time spent in each classifica- tion. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. i. Site of Work The "site of work" is where the Davis-Bacon wage rates apply. Usually, this means the boundaries of the project. "Site of work" can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project. _? ~1 What information has to be reported on the payroll form? The weekly payroll form doesn't ask for any information that you don't already need to keep far wage payment and tax purposes. 1=or example, you need to know each employee's name, address and soda.! security number; his or her wvrlc classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the .net amount paid (how much should the paycheck be made out for?). No mare informa- tion than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more informa- tion than you need to keep for IRS, Social Security and other tax and employment purposes. You are required to submit certified payrolls to illustrate and document that you have complied with the prevailing wage requirements. The purpose of the contract administrator's review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quiddy. a. Project and Contractor/Subcontractor Information Each payroll must identify the contractor or subcontractor's name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended. b. Employee Information The first payroll on which each employee appears must contain the employee's name, address and Social Security Number, Afterward, the address and Social Security Number only Head to be reported if there is a change in this information. c. Work Classil5cation Each employee must be classified in accordance with the wage decision based on the type of work they actually perform. I) Apprentices or Trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentice's ar trainee's registration in a registered ar approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears. 2) Split classifications. For an employee that worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the rota! gross amount earned for all Classifications. d. Hours Worked The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work at job sites other than the project for which the payroll is prepared, those "other job" hours should not be reported an the payroll In these cases, you should list the employee's name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned far ol! ~ralects. Deductions and net pay may be based upon the employee's total earnings {for all projects) for the week. e. Rate of Pay Show the basic hourly rate of pay for each employee for this project. Ii the wage decision includes a fringe benefit and you dv not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked. I) Piece-work. For any piece-work employees, the employer must compute an efj~ective hourly rate for each employee each week based upon the employee's piece-work earnings for that week. To compute the effective hourly rate, divide the piece-work earnings by the total number of hours worked, including consideration far any overtime hours. The effective hourly rate must be reflected on the certified payroll and the hourly rate may be na less than the wage rate {including fringe benefits, if any} on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is na less than the rate on the wage decision for the classification of work performed. Rer~~en~ber, t}~e everti~~e rate. is compitt~d at orie and one-half tir~~es t#~e basic rate of pay plus any fringe benefits. for exar~~pie, if t3-re ~~~dge decision t-Pquires $IOJI~c~ur basic plus $5!horlr fringe benefits, t#~e overtime rate wcnld be: x$10 x I !%~~ = `~5 = ~20,~'ho€Jr- Gross Wages Earned Show the gross amount of wages earned for work performed an this project. Note: For employees with work hours and earnings on other projects, you may show gross wages far this project over gross earnings all projects {for example, $425.4f11$~64.85) and base deductions and net pay on the "all projects" earnings. g. ®eductions Show the amounts of any deductions from the grass earnings. °~ther" deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction {that is, not required by iaw or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collec- tive bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears. P~tet o~ay Show the net amount of wages paid. Statement of Compliance The Statement o€ Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying in€armation at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b} if the wage decision contains a fringe benefit. Check- ing 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4{b} indicates that you are paying any required fringe benefit amounts directly to the em- ployee by adding the fringe benefit rate to the basic hourly rate o€ pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c}. Only one $taterrient of CornpEiance is required for cacf~ . L i employer°'s v+reei~]y;payrQ#[<no matter hc~w rnary pages i are needed ~a report the er~3ployee date. G j. Signature Make sure the payroll is signed with an original signature. The payrall must be signed by a principal of the firm (owner or officer such as the president, treasurer ar payroll administrator} ar by an authorized agent (a person authorized by a principal in writing to sign the payrall reports). Signature authorization (for persons other than a principal} should be submitted with the first payroll signed by such an agent. SECTIQN 111 PAYRC?LL RE°V'IEWS AND CQRRECTIC'~NS 2-€~ Compliance Reviews The contract administrator ar other inspector may visit the project site and interview same of the workers concerning their employment on the project. The bOL may also independently conduct its awn reviews (see ¶ I -5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards require- ments have been met. You wil! be notified by the contract administra- tor if these reviews find any discrepancies or errors. You will be given instructions about what steps must be taken to correct any problems. a. On-Site Interviews Every employer (contractor, subcontractor, etc.} must make their employees available for interview at the job site with the contract administrator ar other agency representative, or HUD ar DOL representative- The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay, Every effort will be made to ensure that these interviews cause as little disruption as possible to the an-going work. The interviewer will record the interview information, usually on a form HUD- I I , Record a f Employee interview, and forward the interviews to the contract administrator. b. Project Payral! Reviews The contract administrator will compare the information an the interview forms ro the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifcations are submitted (where needed); employee or other authorizations far other deductions are submitted (where needed); etc. 2-7 Tylaical Payroll Errors and Required Corrections The following paragraphs describe common payroll errors and the corrective steps you must take. a. Inadequate Payroll Inlormation If an alternate payroll format used by an employer {such as some computer payroiis} is inadequate, e.g., does not contain alt of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls an an accept- able farm. b. Missing Addresses and 5ociai SecurFty Numbers If the first payroll on which an employee appears does not contain the employee's address and Social Security Number, the empiayer w'rlf be asked to supply the missing information. A short note providing the information is all that is needed. c. incomplete Payrolls If the information an she payroll is not complete, far example, if work classifications or rates of pay are missing, the employer will be asked to send a corrected payroll. d. Classlfitations If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision orthe employer may request an additional Classification and wage rate (see 112-2). If reclassifica- tion results in underpayment (i.e., the wage rate paid on the payroll is less than the rate required for the new class cation), the employer will be asked to pay wage restitution to all affected reclassified employees. {see 11-8 for instructions about wage restitution.) e. Wage Rates If the wage rates on the payroll are less than the wage rates on the wage dECi510n for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees. f. Apprentices and Trainees If a copy of the employee's registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice ar trainee appears, the employer will be asked to submit a copy of each apprentice's or trainee's registra- tion and/or the approved program ratio and wage schedule. li the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice ar trainee that is not registered in an approved program must receive the jaumeyman's wage rate for the classification of work they performed, g. Overtime If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur: f) If the project is sulaject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all over- time hours worked on the project. The employer may also be liable to the United States for liquidated damages computed at $ I 0 per day per violation. pr, 2} If the project is not subject to CWHSSA, the employer will be notified of the possible FLSA overtime violations. Also, the contract administrator may refer the violations to the DOL for further review, h. CW:tep:~taticar~s If the payroll computations {hours worked times rate of pay} or extensions {deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors. i. Deductions If there are any "Other" deductions that are not identified, or if employee authorization isn't provided, or ii there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authoriza- tion or explain unusual deductions, as necessary. rn sdv~tiort} for its review and appropriate action. j. Fringe ~eneitits If the wage decision contains fringe benefits but the payroll does oat indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit corrected payrolls and wilt be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate an the wage decision {basic hourly rate plus the fringe benefit rate), na correction is necessary. Ir. Signature If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compli- ance is signed by a person who is not a principal of the firm and that person has not been authorized by principal to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature(s) of a principal or other signatory. 1. ®n-Site Interview Comparisons If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear o the payroll far the date of the interview), the employer will be asked to submit a corrected payroll report. Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage restitution must be paid promptly in the full amounts due, less per- missible and authorized deductions. a. Notification to the l~mployer/F'rirx~e Contractor riEy. pies a{ witi~o~it The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during The contract administrator nay corr~municate directly vrith a subcontractor when ti-re ur~derpayrr~ents are plainly evident ar~d t}~e subcc~ntractar is cooperative. It is iaest to work tho ough tt~e pr€rrie cor~tr-actor wren the issues are corr7plex, ~r~het~ there are signifir~ant under~payr~ents anti/ar tl~e subcontractor is riot cooperative. In all cases, tl~e sui~co€~tr actor must ensure ti~at tine pr-ir~~e c~~ntractor receives a copy cif die required corrPCtive docu€7~~ntation. payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenting the restitution to be paid. The employer/prime contractor is allowed 30 days to correct the underpayments. Nate that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. if the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor. b. Computing Wage Reskitukian Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjust- ment rate. The adjustment rate times the number of hours involved equals the grass amount of restitution due. You may also compute wage restitution by calculating the fatal amount of Davis-Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due. c. Correction Payrolls The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls # I through #b; or a beginning date and ending date}. The correction payroll will list each employee to whore restitution was paid and their work classification; the tote[ number of work hours involved (daily hours are usually not applicable for restitu- tion); the adjustment ;wage rate (the difference be±~r:een the required wage rate and the wage rate paid}; the gross amount of restitution due; deductions and the net amount actually paid. A signed Statement of Compliance must be attached to the correc- tion payroll. d. Rerriew of Correction CPEZ The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contrac- tor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a supplemental correction payroll within 30 days. e. lJnfaunef Workers Sometimes, wage restitution cannot be paid to an affected em- ployee because, far example, the employee has moved and can't be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due. In such cases, at the end of the project the prime contractor will be required to place in a deposit or escrow account an amount equal to the fatal amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remain- ing in the account for unfound workers wiN be credited and/or forwarded by the contract administrator to HUD. CHAPTER 3. Labor Standards [3isputes, Administrative Reviews, Withholding, Deposits and Escrow AECOUnts, and Sanctions r 11ha~ happens when things go wrong? 3- II intraderictiiort Even in the best of circumstances, things can go wrong. in a Davis- Bacan context, "things going wrong" usually means there's a difference of opinion or a dispute about whether and to what extent underpay- ments have occurred. These disputes are usually between the contract administrator and one ar more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the Dal.; ar something as significant as investigative findings fallowing a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views I<nawn and to lessen any delays in resolving the problem ar issue. 3-2 Adrninistratirre Review on Labor Standards Qispu~tes As mentioned in the Introduction above, a dispute about labor stan- dards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include; a. Additional Classifications and Wage Hates Additional classification and wage rate requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial can request reconsideration by the DOL Wags and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer viii he required to pay any additional wages that may be necessary to satisfy the wage rate that is established. I) Reconsideration. The E?OL normally identifies the reasons for denial in its response to the request. Any interested person {for example, the contract administrator, employer, representa- tives of the employees) may request reconsideration of the decision on the additional classification request. The request far reconsideration must be made in writing and must thoroughly address the dental reasons identified by the DdL. E^mplayer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See X12-,Z{d), and also i:]OL Regulations 29 CFR l.S,) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations. 2j Administrative Review Board. Any interested party may request a review of the Administrator's decision on reconsid- eration by DOL's Administrative Review Board. DOL regulations 29 CFft Part 7 explain the procedures for such reviews. (See also 29 CFR l.9.j b. Findings of Underpayrreent Compliance reviews and other fallow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work infarmaily with you to reach such agreements, Yau will have an opportunity to provide additional information to the contract administrator that may explain apparent Inconsisten- cies and/ar resolve the discrepancies. if informal exchanges do not result in agreement, the fine! determi- nation and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing an the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquar- ters Office of Labor Relations. I) ©QL review. The DOL will review the contract administrator's report and the arguments against the findings presented in the hearing request. The DOL may affirm ar modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review; you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge {ALJ). (See DOS Regulations 29 CFR 5. ! ! {b) and 29 CFR Part (r, Rules o f Praaire for Administrative Proceedings.) 2) Administrative Review Board. Contractors and/or subcon- tractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOI, AL) in the administrative hearing process. See DOL regulations 29 CFR Part 7 for more information about this proceeding. 3-3 Withho{ding The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 3U days after notification to the prime contractor. ©OI_ may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. if with- holding is deemed necessary, you will be notified in writing, Oniy the amounts needed to meet the contractor's (and/or subcontractors') liability shall be withheld. Rerr~er7~~~~r; the prime contractor, ie responsible anti v.~ili be held ii~l~ for- arty wade restitution that is roue to any vrorkar employed in the ~~anstruction of the project, including workers ~rnployed by su~contractr~r s and any lower-titer subcontractors. $E~ ~!-4, R~spOt?Sil~fJity'Gf tie pr,'»cipt~! Cur~trc~ctrr, avid T?-C5, Restitution for Underpayment of Wages. In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final pay- ments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if necessary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision. ©eposit~escrow accounts arc cst'abiisiifdd for one or more of tfic fvllGVvirig r eaSoiS: a. Where the parties have agreed to amounts of wage restitu- tion that are due but the employer hasn't furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the docu- mented payments are returned to the depositor. Amounts for any workers who can not be located are held in the deposit/escrow account far three years and disbursed as described in 112-8(e) of this Guide. b. Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated dam- ages, if applicable, that are estimated to be due. If the final deter- mination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor. If the parties agree to the investigative findings, the amounts due to the workers will be disbursed from the escrow account in accordance with the schedule of wages due. Amounts for unfound workers will be retained as described above {see 1i2-8(e) and 3-4(a)). if the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 113-4{c), below. c. 'Where tike parties are waiting for the outcome of are admin- istrati~re hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. Contractors andlor subcontractors that violate the lobar standards pro- visions may face administrative sanctions imposed by HUD and/or DOL. a. ®d~L ®ebarment Contractors and/or subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor stan- dards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis-Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or associ- ation in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD ~anctians HUD sanctions may include Limited Denials of Partic'spation (LDPs), debarments and suspensions. I j f..Dps. HUD may issue to the employer a limited denial of participation {LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDP's are found at 24 CFR 24.700-24.714. 2) Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceed- ings against a contractor and/or subcontractor in connection with improper actions regarding Davis-Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for malting false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for malting false statements. HUD regula- t'tons concerning debarment and suspension are found at 24 CFR Part 24. ~:: .gin em~~~i ar~a~ e,~ts Contractors and/or subcontractors that are found to have willfully falsified payroN reports {Statements of Compliance), including correc- tion certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of ~a l ,000 andlor one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code). 1 ndex Acranyms ............................................................................................... v, A-3 Additional classifications ......................................................................... Iii, 2-2 Administrative Review Board .......... ................................................... f =2, 3-2 Administrative Review on Labor Standards Disputes ............................ v, 3- Apprentices .......................................................................... iv, 2-5, z-9, 2- 12 Apprentices and trainees ........................................................................... 2-5 Pre-apprentice ........................ ........................................................... 2-S Probationary apprentice .................................................................... 2-b Ratio of apprentices and trainees to journeymen ............................. 2-6 Basic Hourly Rate ............................ ....................................................2-G, 2-4 Certified Payroll reports ................. ............................... iii, 1-2, 2-3, 2-8, 3-4 •`No work" payrolls ........................................................................... 2-4 Payroll certifications .......................................................................... 2-4 Payroll formats ................................................................................... 2-3 Payroll inspection ............................................................................... 2-5 Payroll retention ................................................................................ 2-4 Payroll review and submission .......................................................... ~-4 Compliance Reviews .....................:.......................................................... 2-I I Construction Contract Provisions ............................................................. [-2 HtJD-2554 ............................... ...,......................,... I -2 HUD-q0 E 0 ........................................................................................ I -2 HUD-5370 ........................... ......... l-2 Labor standards clauses .......... .......................... ................. - ...... ......... 1 2 Contract administrator .................... ... iii, I -3, 2- I -2-5, 2-! I , 2- f 4, 3-! -3-4 Contract provisions ....................................................................... iii, I-2, 2-l Contract Work Hours and Safety Standards Act .......................... iii, I - I , A-3 Copeland Act .......................................................................................... iii, I-2 Correction payrofls .............................................................................. v, 2-14 CPR ..................................................................................................... 2-3, A-3 CWH55A ........................................................................................ iii, i - I , A-3 Davis-Bacon Act .............................................................................. iii, I - I , I -2 Davis-Bacon Definitions ................... ...................................................... iv, 2-S Apprentices and trainees ................................................................... 2-5 Fringe benefits ......................... ..................................... ... 2-7 Laborer or mechanic .............. ..........:............................................... 2-5 Working foremen .................... ........................................... .... 2-5 .' Davis-Bacon Regulations .................. .............................................. iii, l -2, A-3 C)avis-Bacon Wage Decisions ........... .......................................................... I-3 Davis-bacon Act ............................... .............................. iii, I - I , I -z, 3-4, A-3 DBA ......................................... .............................. iii, I -I , I-2, 3-4, A-3 .......... .............................................. I-I, 3-~F, A-3 Debarment ..............................................................................................v, 3-4 Deductions ....................................................... iv, I -2, 2-7, 2- l 0, 2- 13, ~-14 Deposits and Escrow ..............................................................................v, 3-3 DOL .......................................... I -2 - I -4, 2-2-2-7, 2- I I, 3- I --3-4, A-3, A-S DOL investigator ......................................................................... .....,. I -4 •--~--~ DOL regulations ............................... .................................. 2-2, 3- (-3-4, A-3 l;mployee ................................................................................................ iv, 2-5 Fair Labor Standards Act ............................................................... iii, I-2, A-3 FLSA ................................................................................................... A-3 Falsification .............................................................................................. v. 3-4 Findings of underpayment .................. .....................................................v, 3-2 Fringe benefits .................................... .................. iv, I -3, 2-!s, 2-7, 2-9, 2- l 3 Gross wages ....................................... ..................................................iv, 2-14 HUD Hame Page ............................... ............................................................. i HUD Labor Relations field staff ......... ..............................................i, I-3, 2-2 HUD-I I ..................,......._.................. ,.....................................................2-1 I Lobar Relations Staff ......... .................. .............................................. i, I -3, z-2 Limited Denial of Participation ........... ................................................ 3-4, A-3 Liduidated damages ............................ ...................................... l - I , 2- 12, 3-3 Local contracting agencies ................. ........................................................ l -3 Net pay ............................................... ................... .................. iv, 2-10, 2-14 Notice to Employees ......................... ........................................................ 2-2 Dn-site lnterviews .............................. ......................................................2-I 1 Overtime ............................................ .......... iv, I-!, I -2, 2-7, 2-9, 2-12, A-3 Payroll certification ............................. .................................................... iii, 2-4 Payroll errors ..................................... ............................ ...... iv, 2- l ................ Payroll format ..................................... .......................................... iii, 2-3, 2- 12 Payroll ratentian ................................. .................................................... iii, 2-4 Payroll submissions ............................ .................................................... iii, 2-4 Piece-work ......................................... .................................................2-b, 2-9 Posting the wage decision .................. ........................................................ 2-2 Prevailing wages or wage rates .......... ........................................................ 2-6 Prime contractor ............................... ....................... I-3, 2-2, 2-4, 2-14, 3-3 Principal contractor ........................... .................................................... iii, I -3 general contractor ..................... ........................................................ I-3 Project Wage Rate Sheet ................... ................................................ ~,- I , A-4 Proper designation of trade ............... .................................................... iv, 2-$ Rate of Pay .......................................... .......................................... iv, 2-9, 2- ! I Site of Work ....................................... .................................................... iv, 2-$ Spilt-classificatlon ............................_.. ..................,............,..............,.._..... 2-8 Statement of Compliance ................... .......................... 2- 10, 2- 13, 2- 14, 3-4 SreP-UP apprenticeship programs .... ........................................................ 2-b Subcontractor .................................... ................................. I-3, 2-2, 2-4, 3-I lower-tier subcontractors ......... ........................................................ I -3 Suspension .......................................... ........................................................ 3-4 Trainees ............................................... .................................. iv, 2-5, 2-b, 2-12 Typical Payroll Irrrors ......................... .................................................. iv, 2- I Unfound workers ............................... ...........................................v, 2-14, 3-3 Wage Decision .................................... .......... iii, 1-3, 2- I--2-3, 2-b-2- I ~, A-4 Wage Ftesxitution ................................. ......................... v, 2- 13, 2-14, 3-2-3-4 Computing wage restitution ...... .................................................. v, 2- l 4 Correction payralls ................... .................................................. v, 2-14 Unfound workers ...................... .................................................. v, 2-14 Withholding ........................................ .............................................v, I-2, 3-2 Work Classification ............................. iv, 2-1, 2-3, 2-b, 2-8, 2-9, 2- I I, 2- 1 4 World Wide Web ............................... ............................................................. 'r Acronyms and Symbols CDBG -Community Development Block Grant CFR -Code of Federal Regulations CPR -Certified Payroll Report CWHSSA -Contract Work Hours and Safety Standards Act DBA -Davis-Bacon Act DBRA -Davis-Bacon and ReCated Acts DOL -Department of E.abar FHA -Federal Housing Administration FLSA -Fair Labor Standards Act HUD - Nausing and Urban Development {Department of) IHA -~ Indian Housing Authority LCA -Local Contracting Agency LDP -Limited Denial of Participation O/T -Overtime PHA -- Public Housing Agency SIT -- Straight-time SAC -State Apprenticeship CouncillAgency TDHi -Tribally-besignated Housing Entity § -Section 11 -Paragraph Davis-Ratan - Related Web Sit~s~ HUD Office of Labor Relations: www.hudgov/ofl9ces/olr HUD Regulations: www.accessgpo.gnv/naw.t/cfr/chLrahle-sear~ch.html HUDCIips {Forms and Publications): www.hudclips.org/cg~/index. cgl DpL Davis-bacon and Related Acts Homepage: www.dolgov/esa/pmgrams/dbra/index. htm DOL Regulations: www.dol.gav/do!/allcrf/Title 19/toc.htm Davis-Bacon Wage Decisions: www.wdolgav DOL 1=orms: www.dalgov/esa/programs/dbra/forms.l~tm 'Web addresses active as of June 2006 Pro ect Wa a Rate J g Sheet e artmant o Hausin and Urban Develo rnent , office of Labor Relations p ..,_..._._... g ,_. p ~~ PROJECT ~fAtdE: WAGE DECISION NUMBERIMODIFICATION NUMBEit; PROJECT IVUfi+113ER: PROJt_CT COUNTY: WORK CLASSIFICATION BASIC HOURLY BATE BHR FRINGE 13ENEFRS TDTAL HOURLY WAGE RATE lJ1BgRER3 FRINGE BENEFITS: $ Brickla ers $ GRDUP # BHR TOTAL WAGE Ca nters $ ~ Cement Masons $ ~ d all Han ers g g Electricians $ ~ trop Workers $ $ Painters $ OPERATORS FRINGE BENEFITS: a Plumbers $ GROUP # BHR TOTAL WAGE Rvoft:rs $ ~ Sheet Meta! Workers ~ ~ Soft Floor f,a ers $ ~ Ta ers $ ~ Tile Se#ters _ $ TRUCK DRN FRINGE BEN ERS EFITS: $ OTNER CLASSIFICATIONS GROUP # BiiR TOTAL WAGE ,~ ~ $ . $ $ -- $ $ --- $ .~ AodlTioNAL CLASSIFICAFK)iJS HUD Form 4730-A WORK CLASSIFICATION BASIC HOURLY RATE FRINGE BENEFITS TOTAL HOURLY WAGE RATE DATE OF HUD SUBMISSION TO DOL DATE OF DOL APPROVAL $ fosm HUD-4720 (031204) A-4 a 4 ~ ~~ Z o~ 3 I i ~e J ~ o~ c$~ ,~ a ~' s° ~~ 7w# ~~~~ ~~ E ~~ w ~a ~ ~~ ~ ~ 'lf i q'lO O D M D D M O D D 6 b _ SNMk~N3Ci ~ ~ ~ CN ~~ - a u~ ~~ C ~ C ^ C d'g$ ~n o~ N ~~ ~~ ~~~ TlJ ~~ C ,Q m E ~m~ ~~ c ~~ ~~~ ~~~ ~~3 9 ~ ~~ ~ C R ''C ~~ a m g~. ~~~~ e~ o ~~ ~ 3 ~~~t~ Z ~~e '} c~ .E Q z '~ a a A-S 4 a w a w Z w m LL. w n a s,~~ a a n ,g2 ~~ ~~ ~Em ~~ o~ ,~ ~ ~~ ~~~ 0 ~ ~ ~~ .~~~~ ~m ~~-~ '~ a ~ ~~'~ c p P 3 u m~~`s L ~, ~ ~~ ~.~ Q m .~' z O a U W u 6 T d s .g e x 0 F u s v_ U 4 EFa U 0 0 R 0 g ~~ ~~ ~~ ~~ ~ ~ ~~ ~ m m ,$ g m c ~~ ~~~ c m ~ CC ~ '[m 01 a E m ~ ~, a ~ ~~ ~ ~~~~ ~g ~~~~ ~ ~p ~ ~~~ ~~~ m°~r c ~.P fA {ai~U ~ ~~ 6 ~ o~ ~~ o ~~~s= 3~0 ~~~ ~E~~ ~ ~~~ ~~~~ ~a~ bg ° ~~~' ~~~u ~~~ ~~ $~_~.~ E ~ ~ m cnm y. a ~ ~ ~ m aa. mm m~ _ ~Lp ~8g ~^~e m°m~ ~qq~ ~~~ F~t9~ NU~~ ~mG[~A a a O ti a a a 0 a° a w w ~+ S i~ s v m ~ oco N V ~ s m_ ~~~ ~~~ a c~ ~ ~ C ~~~~ papw ~~a~ ~As ~Q~ ~ ~~ ~ amg ~~~~ x S ~ P m z m ~~~ ~~c~n A-!~ GENERAL, DECIS:LOi3: FL~200B0037 02/0$/2008 FL37 Date: February 8, 2008 General Decision Number: FL2006pp37 02/08/2098 Superseded General Decision Number: FL20070037 State: Florida Construction Types: Highway Counties: Broward and Palm Beach Counties in F1.orida. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule,. suspension & spandrel arch bridges; bridges designed for commercial navigation; bridges involving marine constrcution; & other major bridges). Modification Number Publication Date o a2/oa/zoos SUFL1993-003 08/(}1/1993 Rates Fxinges Brick.layer/Brickmason..........$ 9.50 Carpenter ......................$ 19.20 Concrete Finisher ..............$ 10.24 Electrician ....................$ 14.73 Fence Erect4r ..................$ 7.65 Form Setter ....................$ 9.40 Grade Checker ..................$ 7.25 zronwarlcers Rein£arcing ............ .....$ 12.53 Structural ............. .....$ 12.00 Laborers: Air Tool operrators..... ....,$ 10.19 Asphalt Rakers ......... .....$ 7.99 Pipeiayers ............. .....$ 9.29 Unskilled .............. .....$ 7.10 Painter ................... .....$ 11.56 Power equipment operators: Asphalt Dzstributor.... .....$ 6.22 Asphalt Paving Machine. ..__.$ 9.64 Asphalt Screed......... .._..$ 9.22 Backhoe ................ .....$ 10.27 Boom Auger Operator.... .....$ 9.89 1Buldoze~' ............... .....$ 9.43 file://C:\Documents and Settings\thompsond\T.ocal Settings\Temporar... 5/13/209 page L OT 4 Concrete Curb Machine Operator ....................$ 14.31 Concrete Joint Saw Operatox ....................$ 17..07 Crane, Derrick, or ~7ragline ....................$ 12.50 Earthmover ..................$ 9.00 Forklift ....................$ 7.75 Front End Loader............$ 9.26 Gradall .....................$ 10.69 Guardrail Erectox...........$ 7.1.0 Guardrail Post Driver.......$ 7.79 Mechanic ....................$ '8.94 Milla,ng Machine Grade Checker .....................$ 7.39 Milling Machine Operator,...$ B.55 Motor Gradex ................$ 12.05 Mulching Machine............$ 7.25 Oiler, Greaseman............$ 9.29 Pavement Striping Machine .............._......$ 8.94. Paving Striping Machine Nozzleman ...................$ 7.69 Piledrivers: Leadsman ..................$ 12.00 Operator ..................$ 11.50 Powex Subgrade Mixer......._$ 9.46 Roper Finzsh ....................$ 8.54 Rough .....................$ 7.31 Self-prop. Rubber Tire....$ 8.31 Scraper .....................$ t7.22 Sign Erectar................$ 11.33 Small Tool Operator.........$ 7.75 Tractors, Light .............$ 7.70 Trenching Machine...........$ 9.Op Widening Spreader Machine....... ..............$ 8.54 Txaffic Controller TRAFFIC CONTROL, SPECS.AT,IST ..................$ 7.66 TRAFFIC SIGNALIZATION Installers ................$'10.37 Mechanics.................$ ].3.32 Truck drivers: 'Low-Day ................. ...$ 8.51 Multi-Rear Axie .............$ 7.54 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed fax wozk not included within the scope of the classifications Listed may be added after award only as provided in the lobar' standards contract clauses {29CFR 5.5 (a) c1) (ii)) . file://C:\Docume~ts and Settings\thomps~nd\Local 5ettzngs\Tez~parar... 5/13/2009 Page 3 or 4 In the lisping above, the "Si3" designation means that rates listed under the identifier da not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPSAT,S PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ru3,ing On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is oat satisfactory, then the process described in 2,} and 3.} should be followed. With regard to any other matter oat yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations wage and Hour Division U.S. [~epartment of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.} is yes, thEn an interested party (those affected by the action) can request review an,d reconsideration from the Wage and Hour Administrator (See 29 CPR Part }..8 and 29 CPR Part 7) Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution. Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.} that the. requestor considers relevant to the issue, 3.} If the decision of the Administrator is not favorable, an interested party may appeal. directly to the Administrative Review Board (formerly the Wage Appeals Board). write ta: Administrative Review Board file://C:\Documents and Settings\thompsond\l.oea~ Settings\Tempo~ar... S/13/2009 1~age~of4 U.S. Department of Labor 204 Constitution Avenge, N.W. Washington, DC 20220 q.) All decisions by the Administrative Review Board are final. END OF GENERAL DECFSION file://C:\Documents and Settings\thompsond\Local Settings\Temporar... ~/~3/200J A T L A N T I C A V E N U E ~ ~ ~~1 ~T~ 1 ~T a a a a~ 0 i E a h ~i a c 0 0 a Q `o a~ z w rS.W. 4TH ST al. _ 1¢ _. ~ ~n vi ..............._........... ~ vi 3 a ii i z :J J P I b ti i U N O 1 J P AUBURN a ..................................... H- ~ ~ w~ TERR. S0. ~ S.W. 7TH ST. ~ a w ~ , O ',, ....... .. ......... ............... '' y c 6TH ~ ~ CITY of DELRAY BEACH LOCATION MAP DATE: 06/10/2009 ~~d ENVIRONMENTAL SERVICES DEPARTMENT SW 1 ST ST LOCMAP 41p 6©Q 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2009-010 1 OF 1 MEMORANDUM TO: Mayor and City Commissioners FROM: William A. Grieve, P.E., Assisant City Engineer Richard C. Hasko, P.E., Director Environmental Services THROUGH: David T. Harden, City Manager DATE: June 9, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 CONSENT TO ASSIGNMENT/WL FISH COMPANY, INC./F.R.S. & ASSOCIATES, INC. ITEM BEFORE COMMISSION The attached agenda item is a request for Commission approvaUauthorization for Mayor to execute the Consent to Assignment from WL Fish Company, Inc. to F.R.S. & Associates, Inc. BACKGROUND The City has had an executed agreement with WL Fish and Company, Inc. for surveying services since 2001. Recently, due to the slow economy WL Fish joined forces with F.R.S and Associates. There is currently an excuted Service Authorizaton with WL Fish to provide a topographic survey for one of the City's 2008-2009 C.LP. projects. FUNDING SOURCE No funding required. RECOMMENDATION Staff recommends approval. CONSENT TO ASSIGNMENT The undersigned, the City of Delray Beach, a Piorida municipal corporation, being a party under that certain agreement dated November 1, 2001 and originally between the City of Delray Beach and W.L. Fish Company, Inc,, does hereby give consent to the assignment of the above-stated Agreement from W.L. Fish Company, Inc. to F.R.S. & Associates, Inc. which shall assume all terms and conditions of the original Agreement. IN WITNESS WHEREOF, the undersigned has signed this instrument on this ~ day oFMay, 2009. ATTEST: By: City Clerk Approved as to legal form and Sufficiency: By: City Attorney COUNTY of PALM BEACH The following instrument was acknowledged before me this ~,__..__ day of May, 2009 by Wayne Larry Fish as President, of W.L. Fish & Company, Inc., a Florida eorpo~ti~,.pn behalf of the corporation. He/she 's personally kno ~Eo me or has produced type o `identification) as i ntification. Pl ~i~nafll~`e o`fPersoh Takin~`7~'"c7mowledgement I~[~1~~~~~~ ~'"" '°. Pamela Pricllar ;° ;Commission #DD598333 °'~,,,,,,o' moires: OCT. 19, 200 $ONDED SHRI! ATI.ANrIC BONDING CO„ RdC. CITY OF DELRAY BEACH, FLORIDA By: Mayor COUNTY of PALM BEACH The following instrument was acknowledged before me #his ~ day of May, 2009 by Gary P. Williams as President of F.R.S. & Associates, Inc., a Florida corporatiorla on behalf of the corporation. He/she ' "`ersonallY kno n to me or has produced (type of identification) as id ratification. ignatur`e a~Persoh~aking 1~cl~riowledgement Narn~~t137Ii~'e~'6' ~,,,,,.".,,., Pamela Pri and ;Commission #DD598333 +''~,,,~~,,.~' Expires: OCT: 3.9, 2010 $ONDE- T~rlttU J~17.AN7'EC BONDING CO,, INC, MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Interim Public Information Officer Randal Krejcarek, City Engineer THROUGH: David T. Harden, City Manager DATE: June 11, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 RESOLUTION 25-09/ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT EECBG ITEM BEFORE COMMISSION The item before the City Commission is consideration of Resolution 25-09 which approves the application for and acceptance of $638,500 in formula grant funding through the Energy Efficiency and Conservation Block Grant (EECBG) funded by Federal Stimulus funding. BACKGROUND The American Recovery & Reinvestment Act (ARRA), also known as "Federal Stimulus Funding," which was signed by President Obama on February 17, 2009, is intended to preserve and create jobs, promote the nation's economic recovery and assist those most impacted by the recession. As part of the Recovery Act, the federal government has made available $2.7 Billion (in formula funding) for Energy Efficiency and Conservation Block Grant (EECBG) Program to implement projects and programs to reduce total energy use, reduce fossil fuel emissions, and improve energy efficiency in building and other appropriate sectors. In November 2007, the City Commission created the Green Task Force to provide recommendations to the Commission on ways to improve environmental sustainability, incentives for environmental conservation, means to enhance water and energy conservation, ideas for promotion of tree planting and xeriscaping and best practices to be considered for implementation including long-term strategies. In January 2009, the Green Task Force issued a comprehensive report with numerous recommendations. City staff reviewed the report and provided initial recommendations to the Commission on May 5~'. The City Commission, on May 19~', reviewed Staff's final project/activity recommendations and provided direction to create new a Green Task Force. Many of the projects/activities that were recommended by the Green Task Force and City Staff will be funded by EECBG Grant Funding and City revenues, if available. The City is eligible for $638,500 in EECBG formula funding. In order to receive this funding, the City is required to prepare and submit a Resolution and Application identifying the projects/activities that will be funded by this program as well as providing assurances and certifications that the City will comply with all aspects of the EECBG program and the "Davis-Bacon Act." Staff is recommending the following projects for inclusion in the EECBG Application: Creation of a Green Task Force Committee Creation of a Sustainability Officer Retrofit City Street Lighting to Light Emitting Diode (LED) Retrofit City Parks & Athletic Field Lighting to Light Emitting Diode (LED) Retrofit City Building/Facility manual thermostats to programmable thermostats Retrofit City Building/Facility lighting to Light Emitting Diode (LED) Install City Building/Facility motion detection lighting systems Develop a Solar Showcase Project that will leverage funding from the State of Florida's Solar Energy Systems Incentives Program -Fire Station #1- Headquarters (if funding is available within the formula allocation). It should be noted that the City's Application will include a Project Strategy (utilizing the Green Task Force Report and City Staff recommendations) identifying how the City will construct/complete each project/activity proposed to be funded. In addition, this Project Strategy will assist the City in reducing energy consumption and greenhouse gas emissions produced within our community. The attached Resolution 25-09 approves the application for and acceptance of the grant funding and states that the Mayor will execute a letter to the Department of Energy (draft copy attached) providing the City Manager's name and contact information (or his designee) who will be authorized to serve as the City's Agent to receive the grant funds and implement the program. The EECBG funding opportunity presents the City of Delray Beach with an extraordinary and unique opportunity to address our energy usage and reduce the City's annual energy budget while demonstrating to the public many of the Green Task Force's strategies to improve our environment and community. The City's grant consultant, Langton Associates, is assisting with the grant application. FUNDING SOURCE All funding will be provided through the American Recovery and Reinvestment Act of 2009 (ARRA) - Energy Efficiency and Conservation Block Grant (EECBG) -Formula Grant Funding to support the proposed projects and activities. RECOMMENDATION Staff recommends approval of Resolution 25-09 which authorizes the application for and acceptance of $638,500 in formula grant funding through the Energy Efficiency and Conservation Block Grant (EECBG) funded by Federal Stimulus funding. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: June 10, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 AMENDMENT N0.2 TO THE CASON COTTAGE LEASE AGREEMENT ITEM BEFORE COMMISSION The attached is an amendment to the lease agreement between the City and the Delray Beach Historical Society (DBHS) regarding the Cason Cottage property to allow for the rental of meeting rooms. BACKGROUND The City renewed its lease agreement with DBHS on October 19, 2007 regarding the Cason Cottage property. Paragraph 3(h) provides that DBHS may not assign, sublet or transfer any part of the property to another entity. Amendment No. 2 amends this paragraph to provide that DBHS may rent or lease, on a temporary basis meeting rooms upon the approval of the City Manager, or his designee. The City shall have the right, upon reasonable notice to use the meeting rooms, if available, at no charge. RECOMMENDATION Staff recommends approval. AMENDMENT N0.2 TO THE RENEWAL LEASE AGREEMENT FOR CASON COTTAGE PROPERTY DATED OCTOBER '19, 2007 THIS AMENDMENT NO. 2 to the Renewal Lease Agreement is made this 2.5 day of ~~~ 2009, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("Lessor') and the DELRAY BEACH HISTORICAL SOCIETY {"Lessee") WITNESSETH: WHEREAS, the parties have entered into a long term lease; and WHEREAS, the Lessee has requested the authority to lease out meeting rooms that are part of the leased premises on a temporary basis. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and the mutual covenants and other good and va[~able consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 3{h), "Not to Assign" of the- Renewal Lease Agreement dated October 19, 2007, is hereby amended to allow Lessee the ability to rent or lease, on a temporary basis, meeting rooms that are part of the leased premises, upon receiving approval from the City Manager or hislher designee. Lessor shall have the right, upon reasonable notice, to schedule meetings or events as space is available, at no rental charge to Lessor. 3. All other terms and conditions of the renewal lease and Amendment No. 1 not in conflict with this Amendment No. 2 shall continue in full force and effect. IN WITNESS WHEREOF,. the Lessor and. Lessee have set their hands and seals the day and year first written above. ATTEST: Approved as to Farm: City Attorney Lessor: CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor Lessee: ATTEST: ~~ a DEL BEACH HIST RICAL SOCIETY By: Print Name: Title: pi~.car~.lr 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Amanda Solomon, Telecommunications Systems Manager Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 8, 2009 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF ,TUNE 16, 2009 AGREEMENT/AT&T/CENTREX SERVICE ITEM BEFORE COMMISSION Approval to renew AT&T Centrex Service in the amount of $98,617.80 annually beginning June 22, 2009. BACKGROUND City Commission is requested to approve an agreement with AT&T to renew our expiring Centrex Service contract under a New Rate Stability Plan for a period of sixty (60) months. This contract provides for renewal of our existing Centrex Contract at current rates with no increases for a period of 60 months and provides for Telecommunications service to 29 locations throughout the City, including Old School Square which was added to our contract 10 years ago to help defraysome of their communications cost. The contract also includes all features used such as: call forwarding, hunting, four digit dialing between locations, voicemail service, pick up groups and in-house administrative control of lines and features. FUNDING SOURCE Funding is distributed throughout all City departments based on the number of lines assigned to each department and /or division. RECOMMENDATION Staff recommends approval of the proposed 60 month agreement with AT&T in the amount of $98,617.80 annually, with funding to come from various departmental accounts. MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 5, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 SERVICE AUTHORIZATION N0.07-04/KIMLEY-HORN/DESIGN CULTURAL LOOP/MLK DRIVE ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute the service authorization #07- 04 with Kimley-Horn and Associates, Inc (KHA) for the design of the Cultural Loop/MLK Drive Project #2004-056. The cost of this Service Authorization is $110,000.00. BACKGROUND Kimley-Horn and Associates, Inc (KHA) and the Delray Beach CRA in coordination with the Beautification Committee recently completed a master plan-level study for beautification improvements along Martin Luther King, Jr. Drive in Delray Beach. Phase 1 of the plan encompasses NW 2nd Street between NW 12th Avenue and NE 1st Avenue, while Phase 2 includes NW 2nd Street between the I-95 Sound Barrier Wall and NW 12th Avenue, and NW 2nd Street between NE 1st Avenue and the Intracoastal Waterway. This Service Authorization is for the design of the first phase of the beautification improvements. The project consists of the following improvements: o Landscaping along the right of way, in the form of curbed planter areas with small trees, palms, shrubs, grasses, and groundcovers; o Low volume irrigation for proposed planting areas; o Low voltage uplighting for proposed small trees and palms; o New sidewalks and sidewalk repair where necessary; o Decorative crosswalks with concrete pavers; o Sidewalk plaques featuring quotes by Martin Luther King, Jr.; o Stone inlay features along the sidewalk to further commemorate Martin Luther King, Jr. and identify the corridor. o Commemorative feature content (verbiage) will be provided by the MLK Beautification Committee. o Two pocket parks, featuring landscaping, seating, paver plaza space, and interpretive graphic displays; o Interpretive graphic displays will be 3-sided and will feature content (verbiage and images) provided by the MLK Beautification Committee. o New decorative columns with signage at the entrance to Pompey Park, incorporating existing entry gates and fencing; o If required per the County grant, street lighting will be designed for the project. If construction administration services are required of Kimley-Horn, the anticipated costs would be $15,000. FUNDING SOURCE The Funding Source is 334-4141-572.68-57. RECOMMENDATION Approval CONSULTING SERVICE AUTHORIZATION DATE: June 16, 2009 SERVICE AUTHORIZATION NO. 07-04 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract between the parties as agreed on TITLE: PREPARATION OF PLANS FOR B EAUTIFICATION IMPROVEMENTS Kimley-Horn and Associates, Inc (KHA) and the Delray Beach CRA (CRA) recently completed a masterplan-level study for beautification improvements along Martin Luther King Drive in Delray Beach. As a result of this study, the first phase of the improvements was determined and presented to the Commission. The CRA would like KHA to prepare plans to implement the recommended Phase 1 improvements, totaling approximately $1,100,000. KHA is pleased to submit this service authorization request to the City of Delray Beach ("Client") for providing design services associated with preparing plans for the implementation of the Phase 1 Martin Luther King Jr. Drive beautification program. Our project understanding, scope of services and fee follow. PROJECT UNDERSTANDING The scope of services and fees described herein are based upon our understanding of the project and assumptions as follows: The project area is located in Delray Beach, Florida, along Martin Luther King Jr. Drive (NW/NE 2nd Street), between the I-95 sound barrier and the Intracoastal Waterway. The street right-of--way is dedicated to the City of Delray Beach. The Scope of Services will be to provide design services consisting of construction documents for improvements proposed during the conceptual design phase of the project. ^ Phase 1 of the project is comprised of Martin Luther King Drive right of way from NW12d' Avenue to NElst Avenue, approximately 4000 LF and will also include two pocket parks. The Martin Luther King Jr. Drive beautification program will be based upon the recommended master plan presented by KHA to the CRA Board and Delray City Commission in April and May of 2009. The Phase 1 program consists of the following components: o Landscaping along the right of way, in the form of curbed planter areas with small trees, palms, shrubs, grasses, and groundcovers; o Low volume irrigation for proposed planting areas; o Low voltage uplighting for proposed small trees and palms; o New sidewalks and sidewalk repair where necessary; o Decorative crosswalks with concrete pavers; o Sidewalk plaques featuring quotes by Martin Luther King, Jr.; C:ADocuments and SettingsMack\Local Setrings\Temporary Internet Files\Content.Outlook\SMVIYICO\CityofDelray_Scope_Fee_Rev 6-12-09 reel (3) (4).doc Page 1 of 8 o Stone inlay features along the sidewalk to further commemorate Martin Luther King, Jr. and identify the corridor. ^ Commemorative feature content (verbiage) will be provided by the MLK Beautification Committee. o Two pocket parks, featuring landscaping, seating, paver plaza space, and interpretive graphic displays; ^ Interpretive graphic displays will be 3-sided and will feature content (verbiage and images) provided by the MLK Beautification Committee. o New decorative columns with signage at the entrance to Pompey Park, incorporating existing entry gates and fencing; o If required per the County grant, street lighting will be designed for the project, assuming an overall street lighting construction budget of approximately $100,000. ^ Coordination with a designated MLK Beautification Committee will be necessary to determine the graphic design of proposed commemorative elements and interpretive graphics, as well as coordination for color and finish selections for various elements. ^ Survey will be required for the development of the construction documents ^ Structural engineering will be required for the development of certain above-grade features, such as seatwalls and decorative columns. ^ The project will be permitted through the City of Delray Beach. Permits associated with irrigation system will be provided by the contractor. ^ Utility locations provided under the services listed below will be approximate. Utility exploration (soft digs) maybe necessary to determine actual locations. ^ Drainage design may be necessary in some locations to accommodate for the curbed planter areas, if they are in conflict with swales. SCOPE OF SERVICES TASK I - SUR i~EYAND PROJECT KICK-OFF MEETING A. We will create a Topographic design survey in accordance with the Minimum Technical Standards set forth by the Florida Board of Professional Land surveyors in Chapter 61G17-G, Florida Administrative code, pursuant to Section 472.027 Florida statues. The survey will also be prepared under direct supervision of a Professional Surveyor and Mapper registered in the State of Florida. The topographic survey will be limited to those above ground visible improvements lying within the Phase 1 project limits and 10' beyond the R.O.W. Elevations will be obtained at 50 foot intervals along the center lines, edges of pavement, gutter, edge of sidewalk, back of walk, and right-of--way for design focus areas within the project limits. The survey will identify elevations and/or locations of surface and above ground utilities, rims and available inverts of existing sanitary sewer and drainage structures as well as signing and striping features. Viable trees within the right of way defined as having a minimum 3" caliper as measured at breast height will also be shown. The existing right of way lines will be shown as determined by found monumentation only at the following locations: • South R.O.W. between NW 12ti' Ave and NW l Oti' Ave • North R.O.W. between Swinton Ave and NE 1st Ave C:ADocuments and SettingsMack\Local Setrings\Temporary Internet Files\Content.Outlook\SMVIYICO\CityofDelray_Scope_Fee_Rev 6-12-09 reel (3) (4).doc Page 2of8 At the SW intersection of MLK Drive and NW 5~' Ave At the NE intersection of MLK Drive and NE 2nd Ave The survey shall extend approximately 50 feet beyond the limits of the project along intersecting side streets. We will coordinate with underground utility providers and meet with them to depict general location and depth. We will locate underground conditions at up to twelve (12) soft dig locations. Soft dig exploration services will be provided by others. B. After completing the survey, we will attend one (1) meeting to begin the project, with the project's stake holders, select participants from the City of Delray Beach, the project's subcommittee, the CRA, or other interested parties. The intent of this meeting will be to start the project, discuss the conceptual design, identify work tasks, flush out the project schedule, and identify points of contact for each party involved. Client will provide meeting space and assist KHA in sending invitations for the meeting. We will produce meeting agenda and provide printed materials for discussion. After the meeting, we will follow up with a memorandum summarizing the meeting's discussion and decisions made, as well as a project schedule. TASK II - DESIGN DE i~ELOPMENT (50 % PLANS) Based on the stakeholder's input and current construction budget, this task is comprised of design development construction documents, produced to a 50% level of completion. • Plan layout with horizontal geometry depicting ground-level program elements. • Planting schematic to include species and size selection. • Materials selection with product cut sheets. • Pocket Park schematic design for two parks. • Graphic design concepts for each commemorative element and interpretive graphic panels. A. KHA will organize the plans according to the Client's bid phasing and anticipated construction schedule. B. We will organize and attend up to two (2) meetings with appropriate City staff throughout the Design Development process. We will attend up to one (1) meeting to informally present the Design Development Construction Document set. We will prepare memorandums summarizing meetings. For the presentation, we will provide up to three (3) sets of 11 "X17" and up to twelve (12) sets of 24"X36" Construction Document progress sets. We will incorporate Client recommended changes through one (1) round of comments. C. We will provide the Client with an Opinion of Probable Construction Cost (OPC), demonstrating the project is on track to stay within budget. We will incorporate up to two (2) revisions to the OPC as a result of Client comments. C:ADocuments and SettingsMack\Local Setrings\Temporary Internet Files\Content.Outlook\SMVIYICO\CityofDelray_Scope_Fee_Rev 6-12-09 reel (3) (4).doc Page 3 of 8 TASK III - CONSTR UCTION DOCUMENTS (90 %,100 %) This Task is limited to the following services: A. Preparation of 90% and 100% construction documents, further developing the design development drawings and resolving the design through Client input. • Planting plans will delineate plant material, plant quantities, plant schedules, specifications and project-specific planting details for the following: • Hardscape plans will describe curbing, sidewalks, commemorative feature integration, seatwalls, columns, paver crosswalks, footings, o We will provide structural design for columns, seatwalls, and footings. • Landscape lighting plans will describe lighting features for the corridor, limited to surface "can style" uplighting on proposed tree and palm plantings. o We will provide electrical design for service to low-voltage transformer. • Irrigation design, as described in Task IV. o If necessary, we will provide electrical design for service to controller and/ or pump. • Construction details and specifications, suitable for bidding, for all elements. B. KHA will organize the plans according to the Client's bid phasing and anticipated construction schedule. C. We will organize and attend up to two (2) meetings with appropriate City staff throughout the Construction Document development process. We will attend up to one (1) meeting at each project milestone to informally present the Construction Document set at 90% completion. We will prepare memorandums summarizing meetings. • We will deliver up to fifteen (15) sets of construction documents for submittal to the City for permit approval. We will also present the construction documents to the City as mylar prints and digitally, in DWG, WORD, and/or PDF format. D. Progressive updates to the opinion of probable construction cost (OPC) at each project milestone, or up to a three (3) updates. KHA has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to KHA at this time and represent only the KHA's judgment as a design professional familiar with the construction industry. KHA cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. TASK I i~ -IRRIGATION DESIGN AND CONSTR UCTION DOCUMENTS KHA will prepare irrigation plan drawings and details for a master irrigation system designed to provide 100% irrigation coverage for all new landscaped areas associated with the above mentioned tasks. Services Provided: Meet with Client to determine recommended equipment and/ or irrigation standards. Determination of project irrigated acreage. C:ADocuments and SettingsMack\Local Setrings\Temporary Internet Files\Content.Outlook\SMVIYICO\CityofDelray_Scope_Fee_Rev 6-12-09 reel (3) (4).doc Page 4of8 • Calculation of irrigation system requirements based on water application per week and water window availability as determined by local municipality and Water Management District. • Water source(s) evaluation for irrigation system. • Pump station(s) sizing with recommended flow and system pressure if applicable. • Irrigation well(s) sizing with recommended flow and system pressure if applicable. • Irrigation mainline and sub-mainline sizing with recommended routing. • Suggested locations and sizes for irrigation sleeves to be utilized for mainlines, lateral lines and control valve wiring. • Master central control evaluation and recommendation. Includes analysis of system operation. A conceptual irrigation operation schedule for the project will be included. • Irrigation controller location(s). Solar power controllers will be specified where possible. • Irrigation details as required including pump stations and irrigation controllers. • Material legend of all components. • All other requirements required to develop a master irrigation system. • Irrigation design revisions based on client comments of 90% and 100% submittals. TASK i~-GRAPHIC DESIGN FOR COMMEMORATIi~E FEATURES This Task is limited to the following services: A. KHA will provide graphic design services for commemorative features and interpretive elements to determine a final design, to coordinate with manufacturers and for feasibility and budgeting. a. The KHA graphic design team will meet with representatives of the Client's designated Beautification Committee to discuss options for commemorative features to be inlayed in the sidewalk and for graphic informational features to be included in the pocket parks. b. KHA graphic designers will present mock-up design samples for each of the 16 medallion style features, one large granite inlay, and one small granite inlay. c. KHA graphic designers will present up to six (6) different panels to be presented on a three-sided, interpretive sign display. The content of this display will be determined through meetings with the Client's designated Beautification Committee or other designee. d. KHA graphic designers will provide up to three (3) rounds of revisions, based on input and comment from the Client's designated Beautification Committee. e. Graphic design will be prepared in a booklet to be assigned as a part of the bid documents for manufacture of the proposed commemorative elements. B. This task includes up to three (3) meetings with the Client's designated Beautification Committee. This task relies on Committee participation and timely review of KHA presentation materials. C:ADocuments and SettingsMack\Local Setrings\Temporary Internet Files\Content.Outlook\SMVIYICO\CityofDelray_Scope_Fee_Rev 6-12-09 reel (3) (4).doc Page 5 of 8 TASK i~I -ELECTRICAL DESIGN Electrical Engineering Sub-consultant is Larry Smith, P.E. of Smith Engineering Consultants, Inc. The scope for the Electrical Engineering services is as follows: A. Electrical Engineer's initial site visit and project team coordination. B. Electrical Engineer will meet with the Client to determine the appropriate lighting levels, types of fixtures, and lighting controls desired for this project. Electrical design assumptions are as follows: 1. Street lighting design will be limited to a design that meets the project construction budget for decorative street lighting in accordance with Illuminating Engineering Society standards, the National Electrical Code, and applicable local codes. We will specify a Client-prefered light fixture and pole with appropriate details and through coordination with the project team. Electrical service and distribution will be designed to provide power to the intersection lighting systems. 2. Prepare lighting calculations to indicate design illumination levels for permitting. 3. Prepare AutoCAD drawings to describe service points, pole/fixture locations, circuitry, and lighting details, suitable for permitting, bidding, and construction. C. Electrical Engineer will coordinate with FPL for power distribution throughout the project site to include services for the intersection lighting. D. Electrical Engineer will attend up to one (1) design coordination meetings with the project team and/or client. TASK i~II CONSTR UCTION ADMINISTRATION PHASE Upon completion of the final design phase, the Consultant shall submit an Addendum to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III-E of the Agreement with the City (if requested by City). SCHEDULE KHA will commence work upon approval of this service authorization by the City to be included as part of the contract without a further notice to proceed. We propose the following schedule: ^ City approval of service authorization ^ Proceed with survey and host kickoff meeting within first 30 days ^ Prepare design development drawings and begin graphic design in next 45-60 days ^ Prepare final drawings, including irrigation design over next 90-100 days ^ Permit plan set through the City and prepare bid documents over next 30 days ^ Contractor award prior to anticipated groundbreaking ceremony on January 18, 2010 (Martin Luther King Day 2010) We will endeavor to meet the schedule as outlined above. It should be noted that there are elements in the schedule in which KHA has no direct control such as accommodating differing staff schedules in scheduling meetings, review time by the differing agencies. The project schedule will be adjusted to reflect any delay in these items. C:ADocuments and SettingsMack\Local Setrings\Temporary Internet Files\Content.Outlook\SMVIYICO\CityofDelray_Scope_Fee_Rev 6-12-09 reel (3) (4).doc Page 6of8 FEE AND BILLING KHA will provide labor for the services described in Tasks I through Task VII for the maximum amount of $110,000.00 and as shown in the attached staff- hour estimate. Labor fee will be billed according to the current rate schedule, which is a part of the Agreement for general Consulting Services and subject to annual adjustment. Expenses billed under this contract could include: in-house duplicating, local mileage, facsimiles, postage, express delivery services, large-format color printing, construction drawing printing, specification printing, and other out-of--house printing. All permitting, application, and similar project fees will be paid directly by the City. TASIL DESCRIPTION FEE LA Project Kick-off Meeting $1,600 LB Survey $20,000 II Design Development (50% plans) $22,000 IILA Construction Documents (90%) $20 000 IILB Final Construction Documents (100%) $17,700 IV Irrigation Design $8,000 V Graphic Design for Commemorative Features $8,500 VI. Electrical Engineering Design Sub-Consultant $8,200 Expenses (Estimated total for project, Maximum) $4,000 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. C:ADocuments and SettingsMack\Local Setrings\Temporary Internet Files\Content.Outlook\SMVIYICO\CityofDelray_Scope_Fee_Rev 6-12-09 reel (3) (4).doc page 7of8 Approved by: CITY OF DELRAY BEACH: Date Mayor Witness Witness Attest: Approved as to Legal Sufficiency and Form KIMLEY-HORN AND ASSOCIATES, INC. Date By: (Seal) Attest: BEFORE ME, the foregoing instrument, this day of , 2009 was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of 2009. Notary Public State of Florida My Commission Expires: C:ADocuments and SettingsMack\Local Setrings\Temporary Internet Files\Content.Outlook\SMVIYICO\CityofDelray_Scope_Fee_Rev 6-12-09 reel (3) (4).doc Page 8 of 8 Martin Luther King Jr. Drive Beautification Construction Documents City of Delray Beach MLK Drive Cnnstnirtinn Dnrs Hours Senior Senior Landscape Technician) Senior Professional Professional Architect) Survey Support Task Princi al En ineer L. Arch. Planner Surve or Anal st Su ort Staff Task I -Kickoff Meeting and Survey Kickoll ir~eclino Allend nx:r.li rq. plol m il. ials for ni .ilia. pro) i . ~+~u:nda 20 99 99 19 09 Followup nx:morindum LO LO Surd cy Survey data gathering, ulilily eoordinalion 10.0 21.0 Survey field work /production 48.0 10.0 4.0 CAD production 18.0 58.0 QAIQC and team coordination 0.0 5.0 4.0 0.0 10.0 Revisions as a result of QAIQC 10.0 10.0 Total Hours RatelHour Billable Cost Total Billable Cost Total Fee (Task I) 2.0 5.0 8.0 $225.00 $145.00 $145.00 $450.00 $725.00 $1,160.00 $21,610.00 $21,610.00 Say $21,600.00 4.0 96.0 1.0 99.0 4.0 $115.00 $115.00 $90.00 $75.00 $65.00 $460.00 $11,040.00 $90.00 $7,425.00 $260.00 Task) City of Delray Beach MLK Drive Construction Docs Hours Senior Senior Landscape Senior Professional Professional Architect) Support Task Princi al En ineer L. Arch Planner Surve or Anal st Technician Staff Task II -Design Development (50 % CDs) DeslUn Dcvclopir~ent Plans Production Research and gather inlo Irom agencios, utilities 1.0 3.0 Site visits for field verification 8.0 8.0 Construction Document production 2.0 20.0 55.0 7.0 Coordination with vendors 2.0 6.0 QAIQC 2.0 7.0 0.0 Revisions as a result of QAIQC 1.0 10.0 Revisions as a result of Client comments 1.0 10.0 Site Plan Approval Administrative Assistance 4.0 4.0 Moolings and Presentation to Cit9 ! CP.A Dllicia is Meetings 23.0 23.0 Presentation 2.0 4.0 4.0 Total Hours 4.0 2.0 56.0 101.0 0.0 7.0 0.0 7.0 RatelHour $225.00 $145.00 $145.00 $115.00 $115.00 $90.00 $75.00 $65.00 Billable Cost $900.00 $290.00 $8,120.00 $11,615.00 $0.00 $630.00 $0.00 $455.00 Total Billable Cost $22,010.00 Total Fee (Task II) $22,010.00 Say $22,000.00 City of Delray Beach MLK Drive Construction Docs Hours Senior Senior Landscape Senior Professional Professional Architect) Support Task Princi al En ineer L. Arch Planner Surve or Anal st Technician Staff Task III -Construction Documents (90 % and 100 % ) 90'; Plans Production Construction Document produelion 2.0 25.0 60.0 7.0 Coordination with vendors 4.0 4.0 QAIQC 4.0 10.0 0.0 Revisions as a result of QAIQC 2.0 10.0 100'<. -Final -Plan Production ConstruUion Document produelion 2.0 22.0 50.0 7.0 Coordination with vendors 2.0 3.0 QAIQC 4.0 10.0 0.0 Revisions as a result of QAIQC 2.0 10.0 Meetings and Presentation to Cit9 ! CP.A Dllicia is fvteetings 24.0 9.0 Presentations 6.0 8.0 4.0 Total Hours 14.0 4.0 109.0 150.0 0.0 RatelHour $225.00 $145.00 $145.00 $115.00 $115.00 Billable Cost $3,150.00 $580.00 $15,805.00 $17,250.00 $0.00 Total Billable Cost $37,695.00 0.0 0.0 14.0 $90.00 $75.00 $65.00 $0.00 $0.00 $910.00 Total Fee (Task II) $37,695.00 Say $37,700.00 City of Delray Beach MLK Drive Construction Docs Hours Senior Senior Landscape Senior Professional Professional Architect) Support Task Princi al En ineer L. Arch Planner Surve or Anal st Technician Staff Task IV- Irrigation Design Construction Plans Prod uclion Research and gather inlo Irom agencios, utilities 1.0 Construction Document production 9.0 28.0 0.0 Coordination with vendors 1.0 1.0 QAIQC 1.0 6.0 Revisions as a result of QAIQC 2.0 10.0 Mooting with City S1alf Heeling 4.0 Total Hours 1.0 0.0 23.0 39.0 0.0 RatelHour $225.00 $145.00 $145.00 $115.00 $115.00 Billable Cost $225.00 $0.00 $3,335.00 $4,485.00 $0.00 Total Billable Cost $8,045.00 0.0 0.0 0.0 $90.00 $75.00 $65.00 $0.00 $0.00 $0.00 Total Fee (Task II) $8,045.00 Say $8,000.00 City of Delray Beach MLK Drive Cnnstnirtinn Dnrs Hours Senior Senior Landscape Senior Graphic Professional Architect) Graphic Support Task Princi al Artist L. Arch Planner Anal st Artist Staff Task V-Graphic Design Sidewslk Coir~ir~eir~ore live Pieces Design produclion 24.0 Coordination with vendors 2.0 QAIQC 1.0 0.0 1.0 Revisions as a result of QAIQC 9.0 Intcrp rcdivc cloment Design produclion 26.0 Coordination with vendor 1.0 QAIQC 1.0 0.0 1.0 Revisions as a result of QAIQC 9.0 Moolings fvteelings with Beauliliealion Conunillee 5.0 20.0 Total Hours 2.0 0.0 10.0 0.0 0.0 RatelHour $225.00 $145.00 $145.00 $115.00 $115.00 Billable Cost $450.00 $0.00 $1,450.00 $0.00 $0.00 Total Billable Cost $8,500.00 0.0 88.0 0.0 $90.00 $75.00 $65.00 $0.00 $6,600.00 $0.00 Total Fee (Task II) $8,500.00 Say $8,500.00 City of Delray Beach MLK Drive Construction Docs Hours Senior Engineer in Senior Professional Training Support Task Princi al En ineer EIT Anal st Technician Staff Task VI -Electrical Design DeslUn Dcvclopir~enl Design Development produelion 1.0 3.0 6.0 Coordination with vendors/ City 1.0 2.0 QAIQC 2.0 Revisions as a result of QAIQC 2.0 8.0 50?: and 100'4. Plans Production ConstruUion Document produelion 4.0 10.0 9.0 1.0 Coordination with vendors 0.0 2.0 QAIQC 5.0 Revisions as a result of QAIQC 6.0 9.0 1.0 Meetings and Presentation to Cit9 ! CP.A Dllicia is fvteetings 6.0 Presentations Total Hours 0.0 19.0 0.0 25.0 0.0 RatelHour $225.00 $145.00 $145.00 $115.00 $115.00 Billable Cost $0.00 $2,755.00 $0.00 $2,875.00 $0.00 Total Billable Cost $8,160.00 0.0 32.0 2.0 $90.00 $75.00 $65.00 $0.00 $2,400.00 $130.00 Total Fee (Task II) $8,160.00 Say $8,200.00 D r D z N.W. --I C~ N.W. ~_J~ L_l J~ N.W. D rn z C N.W. fTl N.W. N.W. ~~ N.W. AVE. 7TH AVE. z 6TH ~' ~ AV 5TH AVE. w 0 4TH AVE. 3RD AVE. AVE. i ~~,~~. III ~ ~ ~~i ~!I i I ~I V I I I 1111111 I!illllllll 0 m A MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 9, 2009 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF ,TUNE 16, 2009 CHANGE ORDER NO.3/WEST CONSTRUCTION, INC./MILLER PARK IMPROVEMENTS PROTECT ITEM BEFORE COMMISSION This item is before the Commission for consideration of Change Order No. 3 in the amount of $99,965.10 to West Construction, Inc., for the excavation of unsuitable materials, the backfilling of the building pads with onsite material, and additional bedding material for the drainage system for the Miller Park Improvements Project #2006-052. BACKGROUND The Miller Park Improvements Project includes portions of the park that were previously an old landfill, which has not been in use for over 30 years. A geotechnical engineering study was conducted which included a limited number of soil borings on the accessible areas, green areas, and areas surrounding the sports lighting. As a result of the soil borings and the recommendation of the consultant, we did not anticipate that a large volume of unsuitable materials would be generated and only included a nominal allowance line item in the contract for debris removal. During construction the excavation required to complete the project has disclosed a large volume of unsuitable materials which was not anticipated based on results of the initial soils testing. On April 21, 2009 Commission approved Change Order No. 2 in the amount of $164,456.00 for debris removal and disposal of unsuitable materials excavated for the installation of the drainage exfiltration trench system. At that time, staff informed Commission that additional amounts of unsuitable materials would be exposed during the installation of the buildings, pavilion, dug outs, sanitary sewer lines, etc.; and staff anticipated coming back to Commission with a subsequent change order for the disposal of the remaining unsuitable materials. On April 30, 2009 Nutting Engineers of Florida, Inc. performed a subsurface exploration within the approximate building footprints for the proposed Miracle League Concession building, Little League Press Box building, and the maintenance building. Three (3) test borings were performed to a depth of twelve (12) feet in order to verify the limits of the unsuitable materials within the building footprints. The results revealed that the Little League Press Box building and the maintenance building did have unsuitable materials beneath the building footprints; however, the Miracle League Concession building did not reveal any unsuitable materials. The Nutting Engineers' Report, dated May 6, 2009, recommends the removal and replacement as the best method for preparing the site building pads; the report and test results are attached for your reference. The project consultant has confirmed with the local Florida Department of Environmental Protection (FDEP) office that, with proper post construction documentation, the unsuitable material can be reburied onsite within the boundaries of the existing former landfill. Generally speaking, areas of the site known to have significantly less subsurface debris and that do not require structural soils can be excavated, and the clean soil essentially be traded with the unsuitable material excavated from the building pads and other areas of structural concern. Change Order No. 3 includes the cost to excavate the remainder of the unsuitable materials to include debris generated during the excavation required for the Little League Press Box building, maintenance building, sanitary sewer system, and water distribution system; followed by backfilling the building pads with onsite material, compaction in 12" lifts, and additional bedding material for the drainage system. The attached Exhibit "A" details all costs associated with this change order; and includes an appropriate time extension of sixty-five (65) days. The time extension of (65) days includes the total time required for both Change Order No. 2 and Change Order No. 3. Staff will be coming back to Commission with Change Order No. 4, which will include the cost of burying the unsuitable material onsite, once an accurate volume of material has been established. We will also be forwarding a contract addition for Kimley-Horn to provide the necessary reporting required by FDEP which we anticipate will be on the magnitude of $30,000. FUNDING SOURCE Funding availability and distributions are as follows after appropriate budget transfers: From 334-4173-572-63.90 (Gen Constr /Miller Park/Other Impr), $66,050.70 From 448-5461-538-63.90 (Storm Water Utility/Other Improvements) $27,803.86. From 442-5178-536-64.90 (Water/Sewer R&R/Other Machinery/Equipment), $6,110.54. RECOMMENDATION Staff recommends approval of Change Order No. 3 in the amount of $99,965.10 to West Construction, Inc., for the excavation of unsuitable materials, the backfilling of the building pads with onsite material, and additional bedding material for the drainage system for the Miller Park Improvements Project. CITY OF DELRAY B>;ACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 3 PROJECT NO. 2006-OS2 DATE: PROJECT TITLE: Miller Park Improvements TO CONTRACTOR: West Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional work required for the excavation of the unsuitable materials uncovered at the project site, the backFiling of the building pads with onsite material, and additional bedding material for the drainage system, per the attached Exhibit "A"; and a cantraet extension of sixty-five {65) days. The time extension of 65 days includes total time required for both Change Order No. 2 {West Construction's CPR #006) and Change Order No. 3 (West Construction's CPR#8 and CPR #10). SUMMARY OF CONTRACT AMOUNT/CI-IANGES ORIGINAL CONTRACT AMOUNT $5,436,917.00 COST OP' CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 168,782.84 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $5,605,599.84 COST OF CONSTRUCTION CHANGES THIS ORDER $ 99.965.10 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $5,705,564.94 PERCENT INCREASE THIS CHANGE ORDER 1.83% TOTAL FERCENT INCREASE TO DATE 4.94% TOTAL CONTRACT TIME WILL BE INCREASED BY 65 DAYS CERTIFIED STATEMENT: I hereby certify that the sl~ppo~•ting cost data inc]uded is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. West Construction, Inc. {Contractar to sign & seat) TO BE FILLED OUT 13Y DEPARTMENT INITIATING CHANGE ORDER Funding is available from accounts: 334-4173-572-83.90; 448-5469-538-63.90; 442-5178-536-64.90 (after budget transfers} DEPARTMENT RECOMMEND: APPROVED: FUNDING DELRAY BEACH, FLORIDA by its City Connnission Envh•on~nental Services City Attorney By: Mayor ATTEST: By: City Clerk S:1Lng \dminigrojecu1200612005-952\OFFICIAT.',C03 West ~filfe[ Park CC o6tG(19,doc CERTIFIED BY ~~ :m ~[5YILlJC 4a11~ € ~ Project Information Project # 08-1031 Title Address Gity, State, Zip MILLER PARK IMPROVEMENTS - DELRAY BEACH 7905 SW 4TH AVENUE 33444 Prime Gontract Company Contact Christopher Caprio Company WEST CONSTRUCTION, INC. Address 318 SOUTH DIXIE HWY. SUITE 4 & 5 Gity, State, Zip 33460 Phone 561-588-2027 Fax 9-569-582-9479 CPR # 090 Issue Date May 05, 2009 Revision Date June 71, 2009 Subject Unsuitable materials removal Qwner ! . .`. Contact Rafael Ballesteros Company CITY OF DELRAY BEACH Address 434 S. Swinton Avenue City, State, Zip 33444 Phone 561-243-7300 Fax 561-243-7314 bescriptian of the proposed change: Excavate for unsuitable materials, and stock pile onsite. Includes: excavation for littie league building, sfiorage building, site sanitary system, and site water. Includes placement of site fill and compaction. Net Amount of this Proposed Change: 99 965.10 The Contract Time due to this Change Proposal Request also incudes CPR#6 time reimbursement, and CPR#8 for a total of 65 working days. This time reimbursement is based upon June 16'~ 2(308 commission approval, if extends pass this date additional time will need to be applied. Exclusions: Hazardous materials, nrbber, dewatering, import and placement of dean fill, relocating ar burying of stock piled unsuitable materials, hauling and disposal of unsuitable materials, excavation o#onsite materiais(mining) needed for baokfill {item 1A). This document, when fully executed as accepted, shall constitute auihorizalion to proceed v~ith the work described herein. Submitted By Response: ^ Accept ^ Do Not Accept WEST CONSTRUCTION WC. CITY OF DELRAY BEACH Company Company By Date by Date Company Financial and Schedule Impact Deta[Is . ~- ~ 7A 13uildin s Plaoe Fill ,includes com action and lifts e 9666 CY 3.79 $36,634.14 1A Restore North Fence at Stora a buildin from excavation 1 LS 2,500.00 $2,500.00 1A OH&P 75°/a 1 LS $5,$70.12 7A 8ond 2% 1 LS $900.0$ 6/19/09 Page 9 of 2 i~d TfT 51 [: i 1t1 ! 1 B Excavate Liffle Lea ue and Stara a Buildin 4588 CY 4.10 $18,890.80 1 B OH&P 5% 9 L5 $940.54 1 B Bond 1 LS $395.02 ****** 5ub Total for Bul[dln s $t38 050.70 2A Excavate Sanitary Line placement 315 CY 4.10 $1,291.50 2A Place Fill, Includes tom action and lifts 315 CY 3.79 $1,193.85 2A Trench Box 1 LS $1,800.00 2A OM&P 5% 1 LS $214.28 2A Bond 2% 1 LS $89.90 *"**"* Sub Total Sanita $4 589.51 3A Excavate Water line lacement 180 CY 4.10 $738.00 3A Place Fill, Includes tarn action 180 CY 3.79 $682.20 3A OH&P 5% 1 LS $71.01 3A Band 2% 9 LS $29.82 *`***** Sub Total Water 1 521.43 4A Additional material for T 1 draina a trench 230 CY 15.00 $3 450.00 4A Additional material for T 2 draina a trench 195 CY 15.00 $2,925,00 4A Labor char a for o rator 8 Dail 528.00 $4 224.00 4A Loader machine 8 Dail 720.00 $5,760.00 4A Excavator,badchoe machine 8 Dail 1200A0 $9,600.00 4A Oli&P 5% 1 L5 $1,299.20 QA Bond 2% 1 LS $545.66 *"*`*** Sub Total Storm Qra[na a CPR#8 $27,803.86 CPR TOTAL = $ 99,965.10 GC: Change Order fife 6/71/09 Pago 2 of 2 • I3I0 IUeptur~e 17rive Boynton Beach, Florida 33426 56't -736-490D Toll Free: 877-I~UYTING (688-84b4) ~ Fax: 56'I -737-9975 Broward 954-941-870© of: Florida Inc. (Established 3 967 St. Lucie 772-408-1050 Miami-17ade 305-557-3083 Your Project is Our CorrrmiE•ment www.nutfingertgiaeers.com May 6, 2009 .~ ~ Mr. Rafael Ballestero City of Delray Beach ~ 434 South Swil?toI? Avenue ~ Delray Beach, Florida 33444 ° Phone: 561-243-7320 Fax; 561-243-7060 .~ "' Subject: General Coirunents a~?d Opinions for Building Pad Preparation ~ Miller Park Alterations South of Lmton Boulevard on SW 4~i' Avenue Q Delray Beach, Florida .i3 Dear Mr. Ballestero: c ~ Nutting Engineers of Florida, lnc, was requested perform a subsurface exploration within the 'N approximate building footprints for the proposed Miracle League Concession building, Little ~ League Press Box building, and the maintenance building that are to be constructed within the ~ subject property. On April 30, 2009 a Boring Log Transi??ittal was provided indicating ouI• 'L subsurface findings. Based on the findings we were requested by Mr. Ballestei•o to provide some additional engineering general eonunents and opil?ioI?s for the site preparation activities far the '~, proposed building pads. We note that the Miracle League Concession building did not ei?counfer ~ unsuitable buried trash debris within the subsurface prof le and n?ay be prepared utlllZil?g ~, conventional site preparation recoi?unel?dations provided in the Geoteclu?ical Exploration Study .~ perfoi'nied by Tierra dated March 29, 2007. This letter discusses in more detail with the ~ foundation preparation options for the proposed Little League Press Box building and the ~ inairitenai?ce building which did reveal to have buried trash debris beneath the building ~ footprints. Q .~ V Tieira's report prepared on March 29, 2007 indicates that two possible options should be considered for the proposed buildings. These options would be to either iII?prove the subsurface ~ soil conditions via the use of deep dynamic compaction (DDC) or excavate the buried trash ~ debris beneath the building footprint and replaced with clean compacted structural f 11. Either ~ option would allow for shallow foundation constl•uction. Our opinions regarding these two options are discussed below. .~ v 0 a~ OFFICE S Palm Beach lt~ian~i-Dade St. Lucie ~.u~la~ ~~t3~~ The performance of DDC for the building pads require the use of a l~ to 20 ton weight that is dropped from a height of forty to sixty feet above the ground surface. The intent of the DDC is to compact the loose trash debris zone in order to allow for shallow foundation construction. This method would improve the subsurface soil conditions as well as compact the buried trash zone within the subsurface soil profile; however settlements may still occur exceeding one-inch during the life of the buildings due to the natural biodegradation of organic buried trash {i.e. wood). It should also be noted that DDC produces fairly high levels of vibrations that can affect nearby buildings and structures. It would be necessary to perform pre and post-condition studies of potentially affected structures in order to determine if DDC operations caused damage to these structures. A final comment regarding the DDC is that after the procedure is completed the building pad area would still require the placement of as much as three to four feet of fell naterial in order to bring the site back to original site grades due to the compaction of the soil and the resulting craters created by the operation. Removal and replacement of the buried trash debris ensures that all potentially unstable and biodegradable Finaterial is fully removed within the building footprint and replaced with clean compacted structural fill material. This method ~~=ould also improve fire drainage within the area of the building footprint as a secondary improvement due to the fact that the trash material is no longer hindering vertical drainage of rainwater infiltration, settlements can now be calculated to be less than one bich, It was also noted within the test borings perfaiined the groundwater table is located approximately at or below the bottom of the buried trash zone. This condition allows for easier removal, replacement, and conrpaetian of the building pad, We also evaluated a Hurd possible option which would be to construct the building upon a deep foundation system. The use of augercast piles within the trash zone would not be viable due to the fact of potential trash material contamination of the pile during construction, and the potential for excessive grout use in order to develop the pile within voided areas of the trash zone. We also note that due deep sand profile within tl~e subject propeifiy the augercast piles would need to be installed to relatively deep depths {greater than twenty-five feet) ill order to develop capacity. Precast concrete driven piles would perform better far these site conditions, however where the piles encounter Iarge debris material within the trash zone, wine pilot holes and drilling would need to be performed. We also note that the debris can potentially place the pile out of location alignzrlent requiring the structural engineer to perform numerous re-designs of the building pile caps. Another important note is that at this time the buildings have been designed as a shallow foundation system. Utilizing a deep foundation system would require a full redesign of the foundation systems for each building. All of these casts would need to be taken into consideration. In conclusion, it is our apiiuon that the best method for preparing the site building pads is to perform the removal and replacement option as cul7ently provided in the construction documents. Nutting [ ~ o€~lorida Inca Established 7967 Our client far this geoteclrnical evaluation was: Mj.•. Rafael Ballestero City of Delray Beach 434 South Swinton Avenue Delray Beach, Florida 33444 The contents of this report are for the exclusive use of the client, the client's design & construction team and govez7nnental authorities for this specific project exclusively. Information conveyed in this report shall not be used or relied upon by other patties or for other projects without the expressed written consent of Nutting Engineers of Florida, Inc. This report discusses geotecluucal considerations for this site based upon obsezved conditions and our understanding ofproposed construction for foundation support. Environmental issues including {but not limited to), soil andlor groundwater contamination, environmental issues related to backfill, methane, and other envirozunental considerations are beyond our scope of service for this project. As such, this report should not be used or relied upon for evaluations of environmental issues. Nutting Engineers of Florida, Inc. shall bear no liability for the implementation of recommended inspection and testing services as described in tlris report if implemented by others. Nutting has no ability to verify the completeness, accuracy or proper technique of such procedures if performed by others. Excavations of f ve feet or more in depth should be sloped or shored in accordance with OSHA and State of Florida requirements. The Geotechnieal Engineer warrants that the findings, recommendations, specif cations, or professional advice contained herein, have been presented after being prepared in accordance with general accepted professional practice ux the field of foundation engineering, soil zneehanics and engineering geology. No other warranties are implied or expressed. Should you have any questions, or if we can be of further assistance, please feel flee to contact us. Sincerely, NUTT G EERS OFF DA, INC. Fsto er E. G~ orek, E, . Projec Manager LTR ADD DELRAY MILLER PARK COMMENTS CEG Nutting ins of Florida In~.~ Established 1967 /~~~~ /Flaig, P.E. #21083 Engineer 7310 Neptune Drive Boynton Beach, Florida 33426 561-735-4900 Toll Free: 877-NCiTTING (688-8464) Fax: 561-737-9975 Browatd 954-941-8700 St. Lucie 772-408-i 050 Miami-Dade 305-557-3083 lvw~a.nuttingengineers.com M a~ .~ L a~ 0 L .~ 0 .~ u ~, .~ ~- a~ .~ w .~ 0 .~ L Y C O V -~ .~ 0 ~a oFi=ices Palm Beach Miami-17ade St. Lucie Apri130, 2009 City of Delray Beach 434 S. Swinton Avenue Delray Beach, Florida 33444 Attn.: Rafael Ballestero Subject: Boring Log Transmittal Miller Park Alterations S. of Linton Blvd. on SW 4t~ Avenue Delray Beach, Florida Dear Mr. Ballestero: Nutting Engineers of Florida, lnc. performed three test borings to a depth of twelve feet for the Miller Park Alterations at the above referenced location, The borings were performed in order to verify the limits of potential buried trash debris that tnay exist within the building footprints onsite. We note that the specific buildings and locations tested were directed by the client. No engineering se>vices were requested as part of our scope, and therefore, we are transmitting the Test Boring Reports only. We will be happy to provide additional engineering services if requested. Please note that test borings are not the best testing method to identify trash debris. Should you have any questions, or if we can be of further assistance, please feel free to contact us. Sincerely, NUS TING ENGINEERS OF FLORIDA, INC. ~~ ~ j/~~ Richard C. Wolllfarth, P.E. #50858 Director of Engineering ~u~~ ~ g 13i0 Neptune Drive BORING NUMBER B~-1 Be c r Ea E~ PAGE 9 OF 1 ~~~ ~~ ~Ieiv (561) 736-4900 L Telepho °rFw~daM~.tesa~r~a,9e7 Fax: (561) 737-9375 1~1~ 1 -E C YourProjer[k 6~erG mmNmm~ PRO~IEC~-IV IJMpER y.Ei]ry.y ry ~. GLIENT City of DeJxay Beach PROJECT NAME Miller S ark Alterations PROJECT LOCATION! S. of Linton Blvd. on S« dth A~c~enue Delra Beach Florida BATE STARTED 41291D9 COMPLETED 41291fl9 SURFACE ELEVATION REFERENCE ~S" l~elo~v Road Crown DRILLING METi-fOD Standard Penetration Borins GROUND WATER LEVELS; LOGGED BY T. Simmons CHECKED BY C. Gworek SAT TIME OF DRILLING ll.fl ft RPPROXIMATE LOCATION OF BORING Center of~Hliracie League Coxzeesszon BId~. ~ • SPT N VALUE - u ~ ~ G l0 20 30 ~o x z ~ MATEItL4L DESORIPTION r~ ~ BIows ~ ~ PL~~L O , ~ ~ 20 4Q tiQ 80 o ~ ~ Q FIllTE3 CONTEND (%) t~ p ~ 2(} 40 6t1 8Q Lt. gray to brawn quartz flno SAND Lt. brnwn sl#ght#y s#Ity fine SAND SS Lt. gray quartz fine SAND 1 0-10-6-0 16 ~ • SS 2 11.9-9-8 18 •: 5 SS 3 8.7•G•G 18 SS 4 5-4.5-5 9 I~ SS 5-4.7.12 11 t SAND D d t b fi E 5 ar c re o rown quar z ne 1 t) Red to brown quartz fine SAND SS 11.8.7-7 15 • _ t SAND B fi 0 ne rown quar z Bottom of hole at 12.11€eet. w J a x u, 0 m c~ z z y F DfsCEa#tner Nuttin En ineers of Florida Ine. aece is no liahilit =for the eonse uences of the rode endent inter relation o£ drillin to s b`=others, ~ut~ng 1314 Neptune Dr€ve BORfNG NUMBER B-2 ry ~} pppp~p~+ Bayn#on Beach PAGE 1 Ol= 1 ~ll~'li~ilJl c7 Telephone: (561} 736-4904 o(florida lrtcf Esrabtuhed 1957 Fax: (561)737-9975 Y°urProfectrt PurCommkrnen[ PROJECT NUMBER 1157.13 CLIENT City of Delray Beach PROJECT NAME )t~iiller Park Alterations PROJECT LOCATION S. of Linton Blvd, ozz SW 4th Avenue, Delray BeachF'lorida BATE STAf;TED 4129109 COMPLETED 4/291Q9 SURFACE ELEVATION REFERENCE ^-6"below Road Crown DRILLING METHOD _Standard Penetration Boring GROUND WATER LEVELS: LOGGED BY T. Simmops CHEC~CEb BY C. Gv~[orek AT TIME OF !]KILLING NIA APPKOX[MATE LOCATION OF BORING Center of Little League Press Box Bldg. ~ • SPT N ~TALUE • ~ ~, 14 24 30 9 4 ~ F-X ~ p li~A.TERIAL DESCRIPTION ,~'~, Blows Z PLC--_ ~C _ _ ~L 2E1 4t3 6D 80 Ca C7 ~ fl 1a'F2~'ES CQNTEIVT ~°J°) C7 ~ 24 44 60 80 4 Gray to brown quartz fne SAND SS 1 3.5.7.g i2 ~• Lt. gray quartz fine SAND SS 2 ll-15.17.14 32 :A Gray quartz fine SAND and TRASH DEBRIS S 5 3 8-9.9.5 18 0 a v S4 3.2-1-2 $ • v c~ ~; z `~ 5S 3.2-3.6 5 Red to brown quartz fne SAND 5 x 10 SS Y Lt. brown quartz fine SAND 6 8-12-10-$ 22 1• a ~ J 8ottorn of hole at 12,p feet. _ Q W ~m [~i' p D U m W J W fC 4 m t9 Z_ Z f- W r DiSCfaimeF Nutting Engineers of Florida. Inc. accents no liability for the consacruences of the independent interpretation of dri.Iling logs h~~ others. Nutting 1310 Noptune Drive BORING NUMBER B-3 ~t p ~rt~++ Boynton Beach PAGE 1 OF 1 ~~~~nllr~! s7 Tele~hane: (661} 736-4900 of (iorida Intl ~stabl"uhed 1967 Fax: (561) 737-9975 YevrProfectROvr COmmltment PROJECT NUMBER 11b7.131 CLIENT Citv of Delray Beach PI~OJI=CT NAME 11~Liller Par~C.Altarations PROJECT LOCATION S, of Linton Blvd. an SW 4th Avenue, Delray Beach Florida DATE STARTED ~1I29108 COMPLETED dI29/09 SURFACE ELEVATION REFERENCE ~G" belovr Road Crowe DRILLING ME7H017 Standard. Penetration Boring _ GROUND WATER LEVELS: LOGGED BY T'. Simnious CHECKED BY C. Gu~orek A7 TIME OF DRILLING NIA APPROXIMATE LOCATION OF BORING , fast end of Maintenance Bldg. ___ ~ • SPT N VALUE s ~ ~ ~ ~, 10 20 3U 40 ~ r-. w ~ ~ O p T+'IA~'ERIAL DESCRIPTION ~ ~ Blo~vs ~ ~ PL MC LL I ~ ~ sO 20 4 6fl 0 ~ 20 40 GO 80 Brown quartz fine SAND S Lt, t?rown quartz fine SAND ~ 2.4.4-7 8 •; ss G-¢-s-2 ~ s l TRASH DEBRIS SAND fi 2 as~c ne Gray to brown quartz 5 SS 3 2-5-15.12 20 SS 4 10-7-5-8 12 ~• SS 5 5.2-2-13 4 O 10 Lt. brown quartz Fine SAND SS 10.10.11.11 21 - ~ G Bottom of hole at i 2.0 feeE, 0 x a z_ z ~" Dlsclaimef Nuttin D+ n 'neers of Florida Inc. acce is no liability for the cons uences of the rode endent inter retation of drillin Io s b t others. SOIL AND ROCK CIrASSIP'ICATION CRITERIA SAND/SIL'T` A`-VALUE (bpi) RELATIVE DENSITX 0 - 4 Very I.OOSe S -10 Loose 11 -- 29 Medium 30 ~ 49 Dense >50 Very dense 100 Refusal CLAYISILTY CLAY N-VALUE (bpi} UNCOI\`FINED COl1~. STRENGTH (fsf) COrSISTERTCY <2 <0.25 v. Soft 2-4 0.25---0.50 Soft 5 - 8 0.50 -1.00 Medium 4 -15 ] .00 - 2.00 Soft ffi--30 2.00-4.00 v. Stiff >30 >4.OD Hard RoCI~ N-VALUE (bpfj x~LAxzvE HA121)i\')S3 ROCK CHA32ACTERISTICS N? I DO Hard to v. hard Local rock formations vary in hardness from soft to very hard within slTOrt ver#i- 25<N < 100 - - Medium hard fo hard ~ and horizontal distances and often contain vertical solution holes of 3 to 3(s d h l l i f t R f b i h di i d l i 5<N < 25 Soft to medium hard ts an or zonta so ut on ea ures. ae : ST3ay e nc ameter to vary ng ept brittle to split spoon impact, but more resistant to excavatiofT. PARTICLE SIZE DESCRII'TION MdDIFTERS Boulder >12 in. 0 - 5% Slight trace Cobble 3 to 12 ifl. fi - I0% Trace Gravel 4.']fi mm to 3 in. 11- 20% Little Sand 0.474 mnr to 4.7fi mm 21-35% SofrFe Sift D.005 nun to D.D74 Wait >35% And Clay <0.005 nmT hga]ar f]sYfS(O1s5 Group Syrnbols Fyp1rnl no-mes Eaboralary cfassfficafion criteria = ~ ~ GW Well railed avels, ravel sand '~ g g ~' ~ ~ ~ u ~(A (D34~Z C„ = greater tfaiT 4; CZ = bets+~eelFl and3 $ ~ ~ mixtures, 4SHIe or no Fines a E~ 9 ~ OF4 DtaxBsn ~ ~ d '~ n '-~ p °„ ~ `o ~ ~ m ~ r7 ~ ~'P Poorly graded grovels, 9ravel•said mixhsres, hnfle or sro ffaes ~ n ~ Nat meel(ng oSE gradatSon requiremerds for GW 5 ~ o-o- p N N n ~ ~ `o c a GWs d S4ty gravels, grave[•sand-sfh o n ~ ANerberg limbs below "A" d ~ s n mtxivres ~ z ~ h u Tine or P L fess than 4 Above °A" Tine wRh P.1. Z' ~ ° ~ ; g'S u E z e . between 4 and 7 arc border- •~ r . c m 6 o - ;, u ~ > a ° ¢ Gt Clayey grove's, gravel•sand-day n E ^ ~ ~ ~ G+ d U'.~ ~ ~ At#erberg lLnhs above "A" line cases requiring use of dual sym5ois. 5 ~ ~ ~ p mExtwes ~ n ~ hfu w8h Pd. greater tFwn 7 = C g .~ u "O k SW Weli-graded sands. gravelly sands, l fi f fs L ~ ,n f D~ (D,p) = greater than 6; C = betit'eeft] and 3 C a a U~ 8 p G H 5 M c ht e or no nes ° o n o f s x a ~1° ~IOZbF° a » w ° ~ $ z '° g ~ m m 6 ,-rte SP Poor€y graded sands, gravelly sands, IitNe w no fines ~ ~ ~ ~ ~ ` R ~ Not meelb~g °II gradation requirements for SW ~ ~ g oZ ~ d ~ o p ~~ m ~ ~ ~ o ~ ~* sand~stlt mSxsvres Sib sands y ~- ~ - r a Atterberg limps below "A" ~ '° w , ° ~ ~ ~ ~ E. Tess tMrt 4 fine or P lJmas pktting M hatofied :one ~ u ''~ c o u E ~-v g ~ « . wlih Pd between A and 7 are o ° n 3 $ E ~ a ~ ~ ° ~ m o a ~ ~ n Atterberg l'unhs above "A" borderfv~e oases requiring vse of dual system. ~ .°n 4 D SC Qayey sands, sand-day mixtures .- rp itnc w8h P.l. more than 7 InargalVC fibs aril Y@fy fFne Sandi, ~o ML rock fiouy silty or clayey fine sands K ~ or clayey sibs with slight plastidfy ~ ~ '~ ~ Inargordc days of low to medium 5a c-_ CL plastidtyr 9raveyy doyc, sarx3y, o ~ _ .°, E days, sihy days, lean days ai ~ hb ~ OrgoNc sibs and orgardc sihy dayf Y E° K ~ 031aw pSostidty ~ ° ^ v a a ~ ~ o Enorgaroc silts, mknceovs or dlatoma• 3a "a~ ~e OH. 1Nt n c AAkf ce°us fine sandy or s~Jty so'.Is, eiastk xo ~ 'P 4 0 ° sibs ` a ~ u s E 3 .. ~° $ tnorgon;c days or high p':astichy, fat ~ o ~ `at ~ cloys to Mr d a ~ ~ v hS 6 N d f di t h a w . is OH g r c a s o me um o g° y o to xo sa <a so sa ~° ea v° ism a ~ plastidty, orgortic sibs Uq~rd ~~ ~ ~-'c a ~ ~ R PT Peat and other highly orgonSC toils ?ia S13CIfy Chad = o ut~ing ~ ~tJ~n~&~`5 dficrMe fx.IBiab}.shM c957 LTNIITATIONS OF LIABLILrTY WARRANTY We warranfy that fhe services performed by Huffing Engineers of Florida, Inc. are conducted in a manner cons'sstent with that level of care and skill ordinarily exercised by members of fhe profession in our area Curren#ly practicing under similar conditions at the time our services were performed. No other warranties, expressed or fmplfed, are made. While the services of Nutting Engineers of Florida, Inc. are a valuable and integral part of fhe design and construction teams, we do not warrant, guarantee or insure the quality, completeness, or satisfactory performance of designs, construction plans, specifications we have not prepared, nor the ultimate performance of building site materials or assembly/construction. SUBSURFACE EXPLORATION Subsurface exploration is normally accomplished by test borings; test pits are sometimes employed. The method of determining the boring location and the surface elevation at the baring is noted in the report. This information is represented in fhe soil boring logs andlor a drawing. The location and elevation of the borings should be considered accurate only to the degree inherent with fhe method used and may be approximate, The soil boring log includes sampling information, description of the materials recovered, approximate depths of boundaries between soil and rock strata as encountered and immediate depfh to water data. The log ropresents conditions recorded specifically at fhe location where and when fhe boring was made. Site conditions may vary through time as will subsurface conditions. The boundaries between different soil strata as encountered are indicated at specifc depths, however, these depths are in fact approximate and dependent upon fhe frequency of sampling, nature and consistency of tho respective s#rafa. Substantial variation between soil borings may commonly exist in subsurface canditions. Wafer level readings are made at the time and under conditions stated an the boring logs. Water levels change with time, precipitation, canaE level, local weft drawdown and other factors. Water level data provided on soil boring fogs shall not be reified upon for groundwater based design or construction considerations. LABORATORY AND FIELD TESTS Tesfs are performed in general accordance with specifc ASTM Standards unless otherwise indicated. All criteria included in a given ASTM Standard are not always required and performed. Each test baring report indicates fhe measurements and data developed at each specific test location. ANALYSIS AND RECOMMENDATIONS The geotechnical report is prepared primarily to aid in the design of silo work and structural foundations. Although the information In the report is expected to be sufficient for these purposes, it shall not be utilized to defermine fhe cast of construction nor to stand alone as a construction specification. Contractors shalt verify subsurfaco conditions as may 6e appropriate prior to undertaking subsurface work. Report recommendations are based primarily on data from test borings made at fhe locations shown on tho fast boring reports. Soil variations commonly exist behueen boring locations. Such variations may not become evident until construction. Test pits sometimes provide valuable supplemental information that derived from soli borings. if variations are then noted, fhe geotechnical engineer shall be contacted in writing immediately so that tied conditions can be examined and recommendations revised if necessary. Tho geotechnical report states our unders#anding as to the location, dimensions and structural features proposod for fhe si#e. Any significant changes of the site fmprovements or sffe condiffons must be communTcafod in writing fo fhe geotechnical engineer immediately so that the geotechnical analysis, conclusions, and recommendations can tae reviewed and appropriately adjusted as necessary. CONSTRUCTION OBSERVATION Construcffon observe#ion and Testing is an important element of geotechnicaE services. The geotechnical engineers Feld representative (G.E.F.R.) is the "owner's representative" observing the work of the contractor, perfom}ing fasts and reporting data from such tests and observations. 'The geotechnical ongfneer's field representative does not direct the confracfor's construction means, methods, operations or porsonnel, The G.E.F.R. does not interfere wi#h the relationship between the owner and the contractor and, except as an observer, does not become a substitute owner on site. The G.E.F.1~. is responsible for hismer safety, but has no responsibility for tho safety of other personnel at the site. The G.E.F.R. is an important member of a team whose responsibility is #o observe and #es# the work being done and report to the owner whether that work is being carried out fn general conformance with the plans and specifications. The enclosed report may be relied upon solely by the named client. Nutting ~ Eng~ne~~s e~fbW h~E~s' Se1~9~ yDUf pfO~EGf r3 6Jf COfRfliitrREflt From: MichaeLCarev@kimlev-horn.com To: Ballestero. Rafael; Hasko. Richard; Krejcarek. Randal Subject: FW: Miller Park Date: Wednesday, June 10, 2009 1:20:10 PM AI I, As you may have heard, FDEP doesn't have time to meet with us. Below is a e-mail summary of that conversation and steps David is recommending we need to take. He is also summarized the level of effort he anticipates it will take to implement all the items. Let me know how you would like to proceed. Thanks. L. Michael Carey, P.E. Kimley-Horn and Associates, Inc. 5200 Northwest 33rd Avenue Suite 109 Fort Lauderdale, FL 33309 D 954.535.5108 F 954.739.2247 michael.carey@kimley-horn.com From: Goldman, David Sent: Tuesday, June 09, 2009 10:11 AM To: Carey, Michael Cc: Hutton, Skip Subject: Miller Park Mike: I talked with the solid waste contact at the FDEP Southeast District Office in West Palm Beach, Amede Dimonnay at (561) 681-6667 on June 9, 2009. He indicated that FDEP could not meet with us for at least two weeks due to a shortage of staff and work load. He then stated that as long as the City conducted the construction activities consistent with the June 3, 2009 documented titled "Guidance for Disturbance and Use of Old Closed Landfills or Waste Disposal Areas in Florida " (attached), there were no additional permits or requirements needed from the FDEP to proceed. Mr. Dimonnay did indicate that the City would need to submit documentation of the work completed to the Department at the conclusion of site activities. Based on the above I recommend the following: 1. A waste relocation plan be prepared and submitted to the FDEP. The plan will include the following: a) Maps showing areas of waste and areas of waste relocation b) Estimate of waste volumes c) Description of excavation activities and BMPs to reduce stormwater impacts d) Description of odor monitoring and controls e) Description of health and safety requirements f7 Description of contractor and City reporting requirements g) Description of construction observation and quality control h) Schedule 2. Prepare and implement a plan to evaluate combustible gases prior to and during construction. 3. Evaluate buildings on or near the waste for combustible gases and potential explosion hazards. 4. If requested by FDEP, prepare and implement a groundwater monitoring plan. The waste relocation plan will be submitted to the FDEP with the statement that the City is not seeking FDEP approval but informing them of the proposed actions and intentions to move forward with the plan. My best guess of the potential costs for KHA for the above tasks at this time are as follows: Prepare and submit waste relocation plan: $10,000 Prepare combustible gas evaluation plan for construction: $3,000 (also contractor costs during construction) Evaluate buildings on site for combustible gases: $10,000 Prepare Summary Report: $10,000 Total: $33,000 I can prepare a formal scope and fee at the City's request. David Goldman, P.G. Vice President Kimley-Horn and Associates, Inc. 8657 Baypine Road, Suite 300 Jacksonville, Florida 32259 Office 904-828-3900 Direct 904-828-3912 Fax 904-367-1692 Mobile 904-874-3656 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: June 10, 2009 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 SPECIAL EVENT REQUEST/SUMMER NIGHTS ON THE AVENUE 2009 ITEM BEFORE COMMISSION City Commission is requested to endorse Summer Nights on the Avenue 2009 produced by the Downtown Marketing Cooperative proposed to be held from 7:00 p.m. to 10:00 p.m. on July 17, 24, August 7, 14, 28 and September 4, 2009 at various locations per the attached list. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of City rights of way for each date as requested and authorize overtime for traffic control and security, site cleanup and trash removal and barricading. BACKGROUND Attached are special event permits, site plans, the budget for all the event dates and an overall schedule received from Marjorie Ferrer for the proposed events. The purpose of the Summer Nights 2009 series is to bring customers to various downtown locations during the slow summer months. Each Summer Night date is treated as a separate event per the Event Policies and Procedures. City cost estimates and the producers share of costs for each specified date are as follows: Date Overtime Estimated Producer Cost July 17, 2009 $1,630 $225 July 24. 2009 Au<~ust 7.2009 August 14, 2009 August 28, 2009 51.440 51.440 $1,325 $1,630 Scptember 4. 2009 51.630 TOTAL X9,125 This is the 13~' year of the Summer Nights Series. 5155 5155 $115 $225 5225 X1,100 RECOMMENDATION Staff recommends approval of Summer Nights 2009, temporary use permits and staff support as requested contingent on the receipt of the Certificate of Liability Insurance. S~i~h~C~. ~.IC~T~ OIL `T~I~ ~~~I~~tC ~S~~C~9~II~C ~'~~, ~oo~ Friday, July 17 Street Party -- 300, & 40Q Blocks -~ At[antic Avenue Street closed from Railroad Way by Bru's to 5~~' Avenue Theme: "Grease" Time: 7 - 10pm En#ertainment: Jitterbug dancing -- Grease movie Antique Car Clubs Friday, July 24 Pineapple Grove Arts District Street closed: NE 2n~ Avenue between 1st Street and 3Fd Street Theme: "Dog Days of Summer" Time: 7 - 10pm Entertainment: grass in parking lot 1 sound along street 1 artists - dog theme 1 ARF and Golden Bone input Friday, August 7 NWISW 5t~` Ave -Celebrating Roots Cultural Festival Street closure: NW 5`~' between Spady and MLK Theme: "Summer Style on 5~" Ave" Time: 7 - 10pm Entertainment: Parade of Summer hats 1 large tent with salons - braiding 1 Spady BBQ; 2 bands Friday, August 14 Otd Schaol Square No street closure Theme: "Party with Barbie -her 50t"" Time: 7 - 10 pm Entertainment: cars OSS to confirm details Special Mention: Fri I Sat, August 14 &15 1'astemaker's event for the downtown restaurants Friday, August 28 Street Party - 540 Block -Atlantic Avenue ._ Street Closure: Atlantic Avenue between 5t~' and 6t~' Avenue Theme: "Dancing irti the Street" Time: 7 - 10 pm Entertainment: Dance instructor -- Dance performances 1 DJ Friday, Sept. 4 Block Party _ A1A at the Beach Street closure: A1A from South of Atlantic Avenue to Boston's Theme: "Last Hurrah of Summer" Time: 7 - 10pm Entertainment: band on city stage 1 Bike exhibition 1 Historic bike tour 1 "learn ko Ride" a bike Anal sis Income and Expenses -Summer NI hts on thi Summer N ights on the Avenue - 2009 Income: Actual to date S onsors 11,500 Total Income Expenses: 5igna e 0 Entertainment 3000 Cit Overtime 1000 Pork-o-lefs 255 Barricades 500 Stage Renta! 0 RJM Advertisin 1000 Misc. Printin 650 Artists 5000 Cik ermiks 450 Rental E ui ment 0 Photos - filming 0 Travel & Meals 0 Total Ex enses 11,855.00 Net Summer Nights -355 ~~~C~'t~/~~ City of Delray Beach Special Event Permit Application l)EIHAY REACH A©MiiViS~'F?g7'iV~ S~RVlCES All•An~rica City PLEASE TYPE OR PRINT ~ ~~~,;; ']llll F ` 4•I1/ f Event NamelTitle: VI ~ ~. ~ Yl~. ~, Event Date{s): ~ 1 I ~~ Tirnes: ~~ Event Sponsor/Producer: Event ContactlCoordinator: Name: ~ C Address: t- Telephone Number: E-mail Address; l'1~' Event ilular N ~~~ tY1 Planned Activities (Outline of activitieslnu nber of activities, i,e. ei~t rtainrneut, children's ri es, games, other ~rogra~ns): ~ ~ Y ~ tt ~ N Number of Individuals Served Previous Year (if applicable): Describe the targeted population and expected attendance: 1~ ___,_~T~,11 ~~~ ~ ~, Describe your Marketing/Promotions Program ( w will pu marked ro iote, i.e. V, r dio, ost rs, flyers, web sites other): ` ~ ~ ( ~1- ~ Sponsor Category (please check) City~Non-Profit/Charitable ~ Private Co-Sponsor ---- Noi>;-Profit/Private ~ (If Nort profrt attach proof of St71c(3), c(4), c(6), C(10), or• e(19 or• (d) Event Location (Describe area boundaries of event/location): ~• Cat y ~~ Site plan attached: yes~_ no (Site plan required far entire event site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable,} Rental of Old School Square; yes no (If yes, attach proof of approval} Private Property Use: yes no (If yes, attach letter giving authorization from property owner) Event budget attached: yes _~ __ . no (Required for all events) Previous year Revenue/Expense summary attached; yes (Required for ail events) Do you leave caslr sponsors for the event: yes x no {Indicated on budget) Do you have inkind sponsors for the event; yes_~ no (Indicated on budget) C:Irlocumenls and SettingslLisilDesktoplSpecial Event Permit Application PINAL 9.b.~7.doc no ~ ~~ t ~ `,~' ~ Serving or selling alcoholic beverages: yes no (If yes, copy of licefrse rrrrr! rrlcolral liRbrlity iris•rt-•arrce regtrit•er! ttvo (2) iveelrs priar• to event) Event certificate of insurance attached: yes no (Rer~urred two (2) weeks pr•ror to event rrrrrrrirrg d:e City rrs rrdtlitiorrrrl irrsrn•ed, rrlsa regrrrred for ve-rdors) Playing of amplified music; yes ~ no (ii'aiver rertrrired) Will there be entertainment: yes ~ no (If yes, attached list of Performers and/or DJ's) if yes, sponsor agrees all er>tertainnrent will be family oriented and COntaln no Obseenitle5: yes no Requesting Police assistance: yes_~ no, (traffic control/security} Will supplement with private security; yes no 1, (If yes, rteeriplarr attached) Requesting Emergency Medical assistance: yes no._..._..._ .~ Requesting barricade assistance: yes_ __~}~ no {If no, how are you handling?) Requesting trash removal/clean up assistance: yes_~ no {Will be billed to sponsor) Requesting trash boxes/containers and liners: yes ~ no Requesting stage use: yes no (If yes, c{neck type) Large stage (14' x 3G'} a Small stage (16' x 21'} ^ Half small stage (8' x 21') ^ Requesting signage: yes no ~\. Type: ~'x~'Event sign Parking Signs Ban~~er hanging Inclieate elates required (iVarver• required rf rrrore than orre (X) week error to event) Requesting City Portable Generator: (if yes, size & power) Food and beverage vendors: If yes, approximate ><-un><ber (Health Department approval required) yes. yes ~~o_.__._~.__._._ no~ yes no C:1Documents and SettingslLisill)es~toplspecial G~~ent Pem~it Application E:INAI, 9.6.47.doc Other vendors: (Indicate type) yes~,__ no Tents: yes no If yes, How trrarry What size or size regrrirerl (If yes, tent perrrrrts artrl free irrspectiorrs rrray be treeded) Will the event include arnusernent rides: yes no IL - (If yes, type acrd location and copy of liability instrrartce required, also requires state license arrd irrspectiort,) Will the event be gated: (Slrorv orr-site rrrrrp) yes no~.______________ Will there be a charge for the event: yes no~ (If yes, indicate ticket prices) ~( Will there be fireworks or other pyrotechnics: yes no J ` (If yes, contact Fire Marshal to obtain arrd complete permit application) Will there be cooking with compressed gas: yes no~._._ (rfyes, contact Fire Marshal for irrspectiorrs} Will you be providing port-a-lets for the event: yes no (If yes, locate orr-site map. If na, indicate hoiv yorr will handle restroorrr rreeda) Is reserved parking requested: yes no~ (If yes, indicate locations and purpose for arse) Event Permit Attachments: Revenue/Expense Budget RevenuelExpense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumptio~ti Alcohol Beverages ProofofNon-Profit Status General Liability Insurance Certif cafe Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner ~_Hold Harmless Agreement Submittal Date Requirements: • Minor• Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:1Uocuments and SeUingslLisi117esktoplSPecial Iivent Permit Application FINAL 9.6.07.doc went Con#ractorlCoor lnatar Date Please pri~>;t: Please enclose t11e appropriate Icon-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Defray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received Application fee received $ C:1Docmnents and SettingslLisRQesktoplSpecial Event Permit Application FINAL 4.6.07.doc r M~ ~r ~ x t-~ .[ _ i ~r .., -~ ,~ f r, r~ r ; 1, ` ; ~'~ I f . 1 ~ ~ ' ~ ~~ ~ 1 ` ~ ~~ • e i~ ~~ t ;~ ~ ~ .~ ^ s~ ~~ ~ ~^ r~ + ^ Event Sponsor/Producer: ~ ~~i Event Contact/Coordinator: Q l ih Name: ~l~ Address: tr ~k ~. ~ ~ ' ' ~ Telephone Number:o~ 3 ellul r Nun} er; ~ E-snail Address: f'~1Ur~C~1C'. , C 1CO~V~kC Yl , ('fJ€/V1 ~~~ Event Deseri tion/Purpose: Gin®n'li ~1 ~' ## .;. _ ~ ~ ~ i Pfanned Activities (Outline of activities/nu fiber of activities, i.e. ens rtainment, children's ri es, games, other programs); ! ~; ~ ~~ f~-~a~A /1r~,.ij~-,`~~ i~''lVtli~11~ ~~/ltl `I`V~i ~~11/1 ~® ~n !! r,~ ~~ Number of Individuals Served Previous Year (if applicable): ~2 _ Describe the targeted population and expected attendance: Cpl ~P/1 0- 1 Describe how the progra-n or project addresses Describe your Marketing/Promotions Program { qw will u market/ ro note, i.e. V, r dio, , ost rs, flyers, web sites other): ` J ~ { c1- ~. ~ ~~ c- r - Q ~L ~~~ Sponsor Category (please cheek) City Non-ProfitlCharitabie ~ Private Co-Sponsor -Non-•ProfitlPrivate ~ (If Nor profit attach proof of 501 c(3), c(4), c(6), C(10), or c(l9~ or (d) r Event Location (Describe area boundaries of event/location}: ~°7P~~ L~ ~ ---, Site plan attached; yes._ ,__,~ no (Site plan required for entire evefrt site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no~ (If yes, attach proof of approval) Private Property Use: yes no (If yes, attach letter giving authorization from property a~v-ier) Event budget attached: yes_ ~ no (Required for all events) Previous year Revenue/Expense summary attached: yes (Required for all events} Do you have cash sponsors for the event: yes ~ no (Indicated on budget) Do you have inkind sponsors for the event: yes_ ~ no {Indicated on budget) no ~1~ r C:lpocuments and SettingslLisilpeskloplSpecial Event Permit Application F[NAL 9.6.07.doc Serving or selling alcoholic beverages; yes no (If yes, copy of license acrd alcv/rol liability itrsurarrce required rtivo (2) rveel,;s pria• tv event) Event certificate of insurance attached; yes no (Required trvo (2) weeks prior to event narrtiug flee City as additivrnrl irtsru•ed, also rer~rrired for vetrdors) Playing of amplified music: (tt'aiver required) yes ~ no W i I l there be entertainment: yes ~ \ iro {lf yes, attached list of Performers and/or DJ's} If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no_ Requesting Police assistance: yes_.,,..,,_„~.._._ no. (traffic control/security) Will supplement with private security: yes no /\ (If yes, need plan attached) Requesting Emergency Medical assistance: yes no~ Requesting barricade assistance: yesJ~_ no (lf no, how are you ha~rdling4) Requesting trash removal/clean up assistance: yes~_ no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes ~ no Requesting stage use: yes iro (If yes, clreclc type) Large stage (14' x 3G') ^ Small stage (I6' x 21') ^ Half small stage (8' x 21'} ^ Requesting signage: yes no~ Type: 4'x4'Iave~rt sign Parking Signs BaE~ner Banging Indicate elates required (T l''aiver required if trrore than one (Y) week prior to event) Requesting City Portable Generator: yes no~ (If yes, size & power} Hood and beverage vendors: yes no~ If yes, approximate rurmher (Health Department approval required} yes no C:IDocuments and SettingslLisilDestctopl5pecial Event Perniif Application FTI~AL 9.6,07.doc Other vendors: (Indicate type) yes no Tents: yes /~ - no If yes, How rrrarry Whet size or~ size ;f•erirrired (If yes, teat perrrrits and free inspections rrray be needed) Will the event include amusement rides: yes no~ (If yes, type and Iocation ayrd copy of liability i~tsrrf•arrce f•egrrir~ed, also r•er~irit~es state license rind irrspectiotr,) Will the event be gated: (Show air-site wrap) yes no_.. Will tltere be a charge for the event: yes no__._~ (lf yes, indicate ticket prices) ~( Will there be fireworks or other pyrotechnics: yes no / ` (If yes, contact Fite Marshal to obtain and corltplete petvnit application) Wil! there be cooking with compressed gas: yes (If yes, contact Fire 1~lrrr•sfaal for irrspectio~rs) tto ,/ ~ -- Will you be providing part-a-lets for the event: yes no (If yes, locate orr-site wrap. If no, indicate lroiv yorr will Ira~rdle r•estroom rreerls) Is reserved parking requested: yes no,,,,,,,,,,,,,,,~ (If yes, indicate locatio~rs acrd prrrpnse far' rise) Event Permit Attachments; RevemtefExpetise Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Praaf ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter front Private Property Owner ~_Hold Harmless Agreement Subittittaf Date Requirements: • Minor Event 45 days prior to event Intermediate Event 90 days prior to event Major Event 12a days prior to event ® Neighborltood Block Party 30 days prior to event C:1©ocuments:~nd SettingslLisilDcsktoplSpecial Event f emiit Application F[i*fAi. 9.6.©7.doc ~ ~ llJveut Contractoa•ICoardinator Date Please print: Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with pertt~it application. For Staff Use 4saCy Date Received Application fee z•eceived $ Caaocaments and SettingslLisilT3esktoplSpecial Event Permit Application FG~1AL 9.6.07.doc T _ ~~ r- ~1 City of Delray Beach Special Event Permit Application 1V ~ {~ ~ ~?: ~1)ELRAY BfACIi ~1~MINlSTRATlV ` '.. , ~~RVI~~s fA4f-M~etlcaGliry f ~N, PLEASE TYPE OR PRYNT ,n~~ Event Sponsor/Producer: Event Contact/Coordinator; Name: (` I Address: (- Telephone Number: E-mail Address: >~^ Event Description/Purpose: A 4 n Planned Activities (Outline of activities/~iu nber of activities, i.e. ent rtaEnment, children's rides, games, other ~rogranms}: ~t _ ~(,~. I Q(, ~1~ p`~+ 1.~ Y~.fl.• ~ A \ .' ~ lAe- i ~... l..n l~ i/l~ l ! l~lr /. rlan i~ ~i wA.wwA.A ~+ol~ 1~w Number of Individuals Servcd Previous Year (if applicable): Describe the targeted population and expected attendance: f ~ l1-Yl~'~ Describe your Marketing/Pr•omotions Program ( qw will radio, ,posters, flyers, web sites, other): ` J ~' ~ , l.e. V, ~' ~~V ii~I.l~ f l t ~~ Sponsor Category (please check) City~Non-ProfitlCharitable ~ Private ^ Co-Sponsor -Nan-Profit/Private ^ (If Norr profit attach proof of 501c(3), c(4), c(G), C(IQ), or c(19 or (rl) ~-I Event Location (Describe area boundaries of eventllocatioti}; ~ Site plan attached: yes~_ no (Site plan regrrirerl for errtlre event site. Include locations of tents, stage, portalets, du~~ipsters, portable lighting, acid barricade location if applicable.) Rental of Old School Sq>Eare: yes no (If yes, attach proof of approval} Private Property Use: yes no (If yes, attach letter giving authorization fi•oin property owner} Event budget attached; yes no (Required for all events) Previous year Reve~ruellxpense summary attached: yes (Required for ail events) Do you have cash sponsors for tl~e event: yes ~ no (Indicated on budget) Do you have inkind sponsors for the event: yes tro (Indicated on budget) no ~1~ C:11Jocuments and SettingslL.isi113esktoplSpecial Event Perntil Application FINAL 4,6.t)7.doc Serving or selling alcoholic beverages: yes no / (If yes, copy of license rued rrlcoleol liaGility iresurreeece e•egeeired fit~o (Z) fveelrs prior to eve;<et) Event eertilicate of insurance attached: yes._._ _~ no (Required teva (2) weeks pria• to eveeet rraruijeg flee City as adrlitianal i~rseered, also required far veudoes) Playing of amplified music; (Waiver regerle•ed) yes ~ no Will there be entertainment: yes ~ no. (If yes, attached list of Perfo-'rners and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities; yes no_ Requesting Police assistance: yes~_ no (traffic control/security} Will supplement with private security: yes no (If yes, need plaet attac/red) Requesti->Ig Emergency Medical assistance: yes no~_~ Regl.iesting barricade assistance: yes~_ no (If no, how are you handling?) Requesting trash removal/clean up assistance. yes,,..,, __ no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes ~ no Requesting stage use: yes no (If yes, check type) Large stage (14' x 3G') ^ Small stage {16' x 2I') ^ Half small stage (S' x 21') ^ Requesting signage: yes no~__ Types 4'x4'IiJvel:et sigaa Parkijig Signs Banner li<aESgie~g Indicate dates regr~lreci (><Vaiver required if rttoYe tltart oue (1) fveek prior to event) Requesting City Portable Generator (If yes, size & power} Foad and beverage vendors: If yes, approximate number (Health Department approval required) yes yes yes. no~._..__._. __. no~ no C:11}ocumen[s and SettingslLtsil©esktoplSpecial Event Permit Application FINAL 9.6.07.doc Other vendors: {Indicate type) yes~__ no Tents: yes~,..~ no If yes, How srafry ifi~lrrrt size or size required {If yes, tent perjuits acrd free irrspectio~rs rtray be needed) Wiil the event include arrrusement rides: yes no~ (If yes, type and location and copy of liability irrsrrrarrce required, also regrtires state license acrd inspection.) Will the event be gated: (Show on-site Wrap) yes. no~__„_,,,,,,,,.,. Will there be a charge for the event: yes no~_ (If yes, indicate ticket prices) ~( Wiil there be fireworks ar other pyrotechnics: yes no J ` (If yes, contact Fire Marshal to oLtain and complete permit application) Will there be cooking with compressed gas: yes (If yes, contact Fire Marshal for inspections) n0~ Will you be providing port-a-lets for the event: yes no (If yes, locate on-site map. If rro, indicate Irow you will handle r•estrooru needs) Is reserved parking requested: yes (If yes, indicate locations arrd purpose far rrse) no~ Event Permit Attachanents: Revenue/l?xpense Budget RevenuelExpense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate ,,,.,,..Proof of Rental Agreement or Authorization Letter fiotn Private Property Owner ~____ __Hold Harmless Agreement Submittal Date Requirements: Minor Event 45 days prior to event Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:IDocunients and Settingsll.is'tlDesklopl5pecial went Perini! Application FINAL 9.6.©7.doc Event ContractorlCoordinator Da e Please print: Please enclose the appropriate non-refundable application fee payable to the City of Defray Beach, 140 N.W. lst Avenue, Deh•ay Beach, Florida 33444, Required with permit application. For Stnff Use Dialy Date Received Application fee received $ C:1Docuntents and 5ettingslLisilDesktoplSpeciat Event Permit Appiication FINAI, 4.6.07,doc 1 `~'~ .r~.! ~ ~ J:~~~ ' ' ~ 1~; ~ " ~~~~ City of Delray Bead.®M~~~Sr~A~-~v~ Special E~rent Permit ~~RVir~s Application PLEASE TYPE OR PRINT Event Name/Title: ~ 1 Event Dates}: Times: ~'° Event Sponsor•/I'roducer; Event Contact/Coordinator: Name: ~~2 Address: (. Telephone Number: E-mail Address: i'~' Event DescriptionlE'urpose: c~iC. llular N Planned Activities (Outline of activities/nu ber of activities, i.e. ent rtainrrrent, children's ri es, games, other programs): ~ ` Y ~~ ~ r Number of Individuals Served Previous Year• (if applicable): `~ ~ ~ 1 Describe the targeted population and expected attendance: C~ ~" /1 l~tY~.l .~ r. (]fLRAY BEACH A(f-M>Exica City .~/.~w i~n3 zcro ~ Describe your Marketilig/Promotions Program ( w will radio, ,posters, flyers, web sites, other}; ~ ° ~ ~ ~ l ~' ~ Sponsor Category (please check) City~Non-ProfitlCharitable r~ Private ~ Co-Sponsor - Non~ProfitlPrivate ^ (If Nora ~1•ofrt attacJr proof of SOIc(3), c(4), c(6), C(10), or c(19 ot° (rl~ Event Location (Describe area boundaries of eventflocation): ~ Site plan attached; yes~,,,_.,._.,,__, no (Site playa required fvf• entire eti~eltt site. Include locations of tents, stage, portaiets, dumpstels, portable lighting, and barricade location if applicable,) Rental of Old School Square: yes no f` (If yes, attach proof of approval) Private Property Use: yes no (lf yes, attach letter giving authorization fi•otn property owner} Event budget attached: yes~__ no {Required for all events) Previous year Revenue/Expense sumnla-y attached: yes (Required for all events} Do you Irave cash sponsors for the event: yes ~ na (Indicated on budget) Do you have inkind sponsors for the event: yeses no (Indicated on budget} no 11l~ C:1Documenis and SettingslLisilDesktoplSpecial Event Permit Application FINAL 9,6.t)7.doc Serving or selling alcoholic beverages: yes no (,lf yes, copy of license a-rd alcoha! liability irrsur•artce required two (2) weelrs pr•ivr to event) Event certificate of insurance attached: yes~__,_ no (Required trvo (2) weeks prior to event rtar~rittg the City as trdditiatral irrsrrred, also required for vendors} Playing of amplified music: (TT'airer required) yes x rio Will there be entertainment: yes ~ no (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment wi11 be fancily oriented and contain no obscenities: yes no_ Requesting Police assistance: yes~_._._____, nn (traffic controllsecurity) Will supplement with private security: yes no (If yes, creed plan attrrc/ted) Requesting Emergency Medical assistance: yes no~,__.,,,,,,,_ Requesting barricade assistance: yes~__~ no {If no, how are you handling?) Requesting trash removallclean trp assistance: yes_~~ no (Will be billed to sponsor} Requesting trash boxeslcontahiers and liners: yes ~ no Requesting stage use; yes _ no (lfyes, check type) Large stage (T4' x 3G') ^ Small stage (16' x 21') a Half small stage (8' x 2I') ^ Requesting signage: yes no ~\. Type: ~'x~l'Event sign Parking Signs Banner hanging Indicate states required (iVafver required if ruore tlrnrr orre (Y) week prror• to evert) Requesting City Portable Generator: (Tf yes, size & power) Food and beverage vendors: l<f yes, approximate number (Health Department approval required) yes, yes yes no~ no Capocuroents and SettingslLisilDesktopVSpecial Event Permit Application FII~'AL 9.6.o7.doc Other vendors: (Indicate type) yes~._~ r>o Tents: yes /~ no If yes, Horv nraray Wlrnt size or size required (If yes, teat perrrrits a~rrl frre ijrspectiotrs array be needed) Will the event include amusernent rides: yes no~_ (If yes, type and location acrd copy of liability i~tsrtrt~rrce rec~rrit•ed, rtl~~o requires state license arrrl inspection.) Will the event be gated: yes no_~_~ {Slrorv orr-site rtrap) Will there be a charge for the event; yes uo~~ (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no / ` (If yes, contact Fire Marshal to obtain and corltplete permit application) Will there be cooking with compressed gas; yes no~....__.. (If yes, contact Fire Marshal for inspections) Wil! you lac providing port-a-lets for the event: yes_.~ no (If yes, locate on-site Wrap. If rro, indicate lrow you will liarrrlle restroorrr rreerls} Is reserved parking requested: yes (If yes, indicate locations and purpose for use) no._....._~ Event Permit Attachments: Revenue/Expense Budget RevenuelExpense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status ~Gener•al Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter frorn Private Property Owner ~_Hold Harnlless Agreement Submittal Date Requirements: Minor Event 45 days prior to event Interrnediate Event 90 days prior to ever'<t ® Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:1Documents and SettingslL'ssill3eslaoplSpecial Evenl Pcrmil Application FINAL 9.6A7.doc ~ ~ Even# Contractor/Coordinator Date Please print: Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. ' For Staff Use Only Date Received Application fee received $ C:1Documents and SettingslLisilpes[uoplSpecial Event Perniit AppEication FINAL 9.b.o7,doc - # ~~ i r n a ~ t ~ ~ ~ • .~ L ..~.. ~~ .~ ~~ ~ ^ ~ 'r .. ~R ~ ~^ .-. , - - ~' 1 i. xe.. ~;~.~~ ~- ,. ,, ~ ~~ Y '~ ~ - ~ __ ~~ ^ City of Delray Beach`l ~'~ ~ ~ ~~'~ Special Event Permi~p ~~av~c~~ lv~ Application PLEASE TYPE OR PRINT ` `IfIL~ C.If~ Event Name/Title: ~ 11 Event Dates}; Ot "i Times: ~'° ~ ~ ~ _ Event Sponsor/Producer: Event Co-ftactlCoordinator: Name: t I Address: (- Telephone Number: E-mail Address: 1'~'' Event e; N ~h Planned Activities (Outfine of activities/nu nber of activities, i,e. children's rides, games, other progralns): ~ l Number of Individuals Served Previous Year (if applicable}: Describe the targeted population and expected attendance: 1~~~C~,t! ~O~L(1 O~If~~ L3EtFZAY BEACH ~n~--n~~~c~ k I'.19; :.~U(l t ~~ Describe your Marketing/Promotions P ogt•am ( qw will _ou market{ ro ote, i.e. V, r dio, ast rs, flyers, web sites other): l J ~ t ~ ~Y],Yld~ i ~ ~~' S Sponsor Category (please check} City~Non-ProfitlCharitable ^ Private ^ Co-Sponsor - Non~ProfitlPrivate ^ (If Norr ~r•of t attach proof of 501 c(3), c(4), c(6), C(10), or c(19 or (rid Event Location (Describe area boundaries of eventlloeation): YYIQfl~. Site plan attached: yes~_.,,,.,.___, tto (Site plan r•eyrrirerl for entire evetrt site. Include locations of tents, stage, portalets, dtltnpsters, portable lighting, and barricade location if applicable,) Rental of Old School Square: yes no /\ {If yes, attach proof of approval) Private Property Use: yes no (If yes, attach letter giving authorization froth property owner} Event budget attached: yes~_ _ no (Re~uir•erl for all eve~ats) Freviaus year RevenuelExpense summary attacled: yes_ (Required far all events) Do you have cash sponsors for the event: yes (Indicated ot~ budget) Do you have inkind sponsors for the event: yes {Indicated on budget) C:1Docnntents and SettingslLisilBesftoplspecial Evenl Permit Application FINAL 9.5.07.doc no no no }l~i~ Y Serving or selling alcoholic beverages: yes no (If yes, COJIy 0•f lJCe11Se (!!1(~ C(IL'OI10I IIfJUIIIty 1115111•arrce 1•egr~irer! tfvo (2) it~eelcs prior to event} Event certificate of insurance attached: yes~~ no (Regrlired trva (2) weeks priol• to event Halving the City as additional insured, Also required for vendors) Playing of amplified music: yes ~ no (tf'aiver 1•egrrired) Will them be entertainment: yes ~ no (1f yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes ~ no Requesting Police assistance: yes_ ~ no. (traffic control/security) Will supplement with private security: yes no ~\ (If yes, steed plan attached) Requesting Emergency Medical assistance: yes no~ Requesting barricade assistance: yes. _~ r10 (If no, how are you handlirtg7) Requesting trash removallclean up assistance: yes~~~ no (Will be billed to sponsor) Requesting trash boxesienntainers and liners; yes / 1 no Requesting stage use: yes no (If yes, check type) Large stage (l~l' x 36') ^ Small stage {16' x 2I') © Half small stage ($' x 2I') ^ Requesting signage: yes rto~ Type: 4'x4'Event sign Parking Signs BRltrtel• ltangirtg Indicate dates required (TVaiver 1•eglrired if vivre tltarr orre (I) week p1•ior to event) Requesting City Portable Generator: (if yes, size & power) Food and beverage vendors: If yes, approximate nurnlter (Health Department approval required) yes yes no__ _~ .__.__ no~ yes no C:IDocuments and SettingslLisilDes[aoplSpeciaf Event Permit Application FtA'AL 9.b.o7.doc Other vendors: (Indicate type} yes no Tents: yes no If yes, How rrrarry i~lrat size or size required (If yes, teat permits arrd fire irrspectiarrs rrtay be rreerled) Will the event include amusement rides: yes no J~ (If yes, type arrd location arrd copy of liability irrsru•arrce required, also requires state license arrd irrspectiorr.) Will the event be gated: (Show on-site Wrap) yes rio~ Will there be a charge far the event: yes lio~ (If yes, indicate ticket prices) ~( Will there be fireworks or other pyrotechnics: yes no J' (If yes, contact Fire Marshal to oblaiir arrd corrrpleteper~rrit applicrrtiort) Will there be cooking with compressed gas: yes no~_,,~ (If yes, eorrtact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no (If yes, locate on-site wrap. If rta, indicate lrorv you will handle restroorrr needs) Is reserved parking requested; yes no__._.~ (If yes, indicate locrrtiorrs and purpose for• use) Event Permit Attachments: Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: Minor Event A5 days prior to event s Intermediate Event 90 days prior to event o Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:I~ocuntents an~i ScttingslLisilf]zst;loplSpecial Event i'erntit Application FIIVA[. 9.G.07,doc went Contractor/Coordinator Date Please print: Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 3344. Required with partnit application. For Staff Use Ot11y Date Received Application fee received $ C:1Documents and SettingslLisilBes€:topl5peciaf Evcnt Permit Application P1MAL 9.6.07.doc u ~•~ ~ +, r~ ~~ ^ 1 r I' ~. I ,_ • i~ ~' . ~ y ~ ' y- ~ b^ - rF~~ 7 . ..:. ~ -_ _ • ~ • ~ r. ~1 ~~ f .:~i + r~~u~4~y~~~ '# y ~'i+~~ nfTlwkrari Raar~17~~J~Y tJ U y~~e,~ Event Sponsor/Producer: Event Contact/Coordinator: Na-ne: ~i Address: L ' Telephone Number: E-mail Address: 11^ Event Descri n Planned Activities (Outline of activitieslnu ber of activities, i.e. children's rides; games, other programs): ~ l ,~(~ Number of Individuals Served Previous Year (if applicable): Describe the targeted population and expected attendance: ~f~11 ~~Jt IAYIC~ Describe haw the program or project addresses Describe ya>.rr MarketinglPromotions Program ( qw will ou market/ ro ote,~e. V, r dio,post rs, flyers, ~veb sites other): ~ J ~ i i t '~ Sponsat• Category (please check) City~Non-FroFt/Charitable ^ Private Co-Sponsor -Non-PrafitlPrivate ~ (If Nor f~rofrt attach proof of 501 c(3), c(4), c(b), C(10), or c(19 or (rla Event Location (Describe area boundaries of event location}: ~ Site plan attached: yes_~ no (Site plait rerlrrirerl for entire event site, Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes na (If yes, attach proof of approval) Private Property Use: yes no (If yes, attach letter giving authorization from property owl~er) Event budget attached: yes _ ___, no (Required for all events) Previous year RevenuelExpense summary attached: yes {Required for all events) Do you have cash sponsors far the event: yes ~ too (Indicated on budget} Do you have inkind sponsors for the event: yes~____ no (Indicated on budget) no ~ ~~ C:1Docnments and SettingslLisiVDes4aoplspecial Event Permit Application FINAL 9.6.07.doc Serving or selling alcoholic beverages: yes no (lf yes, copy of Iicerrse acrd alcolta! liaGility ittsttrrrrice regllil•er! hvo (2) weeks prior to event) Event certificate of insurance attached: yes rio (Required t~vo (2) fveeks prior to event trarrritrg tlae City as additiortrr! iirsrrred, also r•equirecl for vendors) Playing of amplified music: (i~rriver regtrit•ed) yes ~ no Will there be entertainment: yes ~ no (If yes, attached list of Performers and/or D.I's) if yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes na_ Requesting Police assistance: yes~_ na {traflfc control/security) ~/ Will supplement with private security: yes no J\ (If yes, treerl plan attached) Requesting Emergency Medical assistance: yes no~ Requesting barricade assistance: yes na (If no, how are you handling?) Requesting trash removal/clean up assistance: yes~_ no (Will be billed to sponsor} Requesting trash boxeslcontainers and liners; yes ~ no Requesting stage use; yes no (If yes, check type) ~ Large stage (14' x 36') Suiail stage (16' x 21) ^ Half smalt stage ($' x 21') Requesting signage: yes no ~~. Type: 4'x4'>Cveaat sign Parking Signs Banner lfailigiug 1<ndicate dates required (TYaiver required if rtrore than one (1} week prior to event} Requesting City Portable Gene-•aror: yes ~~o~__....._ (If yes, size & patver) Food and beverage vendors: If yes, approximate number {Health Department approval required) yes no~ yes. no C:1Documenls and SettingslLisilDesiaoplSpectal Even[ Permit Application F[i\AL 9.6A7.doc Other vendors: {Indicate type} yeS_.......~,_, no Tents; yes /\ no If yes, How sunny rVl:at size or size requited (dyes, tent per•rnits and fire inspections Wray be weeded) / Will the event include amusement rides: yes no (If yes, type and location and copy of liability irrsur•a~rce required, also r•egrrires state license and inspection.) Will the event be gated: yes no___.......... (Show orr-site Wrap) Will there be a charge for the event: yes zio-___......~ (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no / ` (If yes, contact Fire ll~r~rsltal to obtain arrd eoruplete pe!•nrit application) Will there be cooking with courpressed gas: yes ~ro~..........__ (If yes, cutttact Frre Marshal fOY 111spect10l1S) Will you be providing port-a-lets for the event: yes no (If yes, locate ou-site rttap. If rra, indicate lrow you will lrarrrlle r•eslroonr needs) Is reserved parki~~g requested: yes no__.......__~ (If yes, indicate locations a;'rd prrrl~ose for rise) Event Permit Attachments: Revenue/Expense Budget ` Revenue/Expense Recap Last Years Event Site Plan • Letter Requesting Noise Ordina~rce Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Proot Status General Liability Insurance Certificate Alcoho! Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event ® Intermediate Event 90 days prior to event Major Event I20 days prior to event Neighborhood Block Party 30 days prior to event C:1Documen[s and SettingslLisilDesktoplSpecial E~•znt Permit Application F[NAL 9.6.07.doc ~ ~ ~ ]Cveut Contractot•/Coordinator Date Please print: Please enclose the appropriate non-refundable application fee payable to the City of Deh~ay Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444. Required with permit application. Fot• Staff Use Only Date Received Application Fee received $ C:1Documents and SzttingslLisilDesktopl5pec'tal )~~~ent Permit Application FINAL 4.6.07.doc i _~~ ~I C' . ~. •~ r MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 11, 2009 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of June 1, 2009 through June 12, 2009. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: . The item must be raised by a Commission member. . By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of June 10, 2009 A. Approved (5 to 0, Shane Ames and Mark Gregory absent), a Class II site plan modification, landscape plan and architectural elevations associated with minor landscaping and site plan revisions and facade changes for PNC Bank located within the New Century Commons development at the southwest corner of Linton Boulevard and SW 4th Avenue (500 Linton Boulevard). Historic Preservation Board Meeting of June 3, 2009 1. Denied (7 to 0), the extension request for the Class V site plan and Certificate of Appropriateness for the Hartman House, amulti-family development that includes an existing two-story historic structure and construction of two new dwellings, located at 302 NE 7th Avenue. 2. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a business sign at 353 North Swinton Avenue. 3. Approved with conditions (5 to 1, Rhonda Sexton dissenting and Tom Stanley stepped down), a Class V site plan, landscape plan and a Certificate of Appropriateness for the Old School Square Park, a proposed City park, located on the west side of Pineapple Grove Way (NE 2nd Avenue), between East Atlantic Avenue and NE 1st Street. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map N SPRAB HPB A. PNC BANK 1. 302 NE 7TH AVENUE (HARTMAN HOUSE) 2. 353 NORTH SWINTON AVENUE 3. OLD SCHOOL SQUARE PARK MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\6-16-09 ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DEL RAY BEACH. FL PLANNING & ZONING DEPARTMENT JUNE 2009 DIGITAL BASE MAP SYSTEM-- MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 5, 2009 SUBJECT: AGENDA ITEM 8.0.1 -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 BID AWARD/H&D CONSTRUCTION CO. INC. ITEM BEFORE COMMISSION Request for Commission approvaUauthorization for the Mayor to execute the construction contract with H & D Construction Co., Inc. for the construction of SW 14th Avenue Roadway, Alleys, & Drainage Improvements Project #2006-005 for $508,181.25. BACKGROUND This project is in coordination with the Community Redevelopment Agency and is part of the Southwest Area Neighborhood Redevelopment Plan. Improvement of the alleys will provide rear access for future driveways, while improvements of SW 14th' Avenue will allow on-street parking. This project consists of Roadway Improvements on SW 14th Avenue from SW 1st Street to SW 2nd Street, and the adjacent alleys. SW 14th Avenue improvements include new parallel parking, landscape nodes, sidewalk, landscaping, irrigation and a new drainage system. Improvements in the adjacent alleys include new pavement and drainage. The bid opening was held on May 28, 2009 and bids were received from 13 contractors. The City received a recommendation letter from Mathews Consulting Inc. recommending award of the contract to H & D Construction Co., Inc. in the amount of $508,181.25. The recommendation letter from Mathews Consulting indicates that H & D Construction's bid included some minor mathematical errors on the schedule of bid prices; however, they are still the low bidder with the corrected amounts. Please note that the recommendation letter also lists the bid award from J.W. Cheatham as $433,512.35. This is due to the fact that the copy of J.W. Cheatham's bid that Mathews Consulting received was missing some pages. The correct amount of the bid submitted by J.W. Cheatham is $656,689.10 which is reflected in the bid tabulation. FUNDING SOURCE The funding source is account # 334-3162-541-68.05 RECOMMENDATION Approval V a N EA ~ EA ~ .,. 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CiviE and Envi€onmental Enginee€s Juste 5, 2009 Mr. Tien Tack, E.I. Project Manager - ESD/CRA CITY OF DELRAY BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach Project No, 2006-005 SW 14`'` Avenue Roadway, Alleys and Drainage I~uprovements Bid Results (Bid # 2009-3d~ Dear Mr. Tack: On Thursday, May 28, 2009, at 9:00 AM, bids were received by the City of Delray Beach for the SW 14t'` Avenue Roadway, Alleys, and Drainage Improvements. Thirteen (13) bids were received as follows: Nance of Biddek• Amaimt of Bid 1. H&D Construction $508,1 S 1.25 2. Budget Construction $520,661.15 3. H&J Contracting $550,974.75 4. Palm Beach Grading, lne, $592,135.99 S. Rosso Paving & Drainage $592,232,40 6, Hard Drives, Inc. $592,377.00 7. West Construction $624,198.30 8. J.W. Cheatham $433,512.35 9. ENCO $665,429.00 10. GC Works, Inc. $663,296.70 11. Ame~•icati Engineering & Dev. Corp. $714,366.55 12. Tenex Enterprises, lnc. $790,000.00 13. Foster Marine Contractors, Inc. $858,802.50 We have reviewed the bid proposals submitted by each of the co~~tractors and have found minor ~nathematieal error's in the bids as shown on the attached Bid Tab (in yellow}. The follo~w~ing summarizes our findings for the low bidder: H & D Construction Acknowledged Addendum No. 1. • Provided Bid Bond (5%). • Minor mathematical errors on the Schedule of Bid Prices. Still maintains as the lo~v bidder with the corrected Bid Price. • Provided completed Supplemental Questionnaire. • Provided project list that shows they have completed this type of roadway, drainage and utility work in the past. aYfcrdlre}ss Consarltiaag, hac. • I475 Ceratrepaa~ Boarlei~at~l, Srrite 25D • ~i'est Pataaa Beacla, FL 33401 561-478-7961 • Far 567-478-7964 as~asntt naatlae~rsconsrrltirrginc.cam This company has not provided a Certificate of Competency number. This coinpatiy has not provided roadway andlor underground infrastructure utility work previously for the City of Delray Beach. Company is based in Fort Pierce, Florida. We have contacted references for H & D Construction and have received positive feedback. Mathews Consulting along with City Staff met with H & D Construction on June 4, 2009 and they assured the City that they have tl~e manpower and resources to complete the project on schedule. Mathews Consulting therefore reeo~nmends award of the contract to H & D Construction in the amount of $508,181.25. If yoi~ have any questions regarding the information presented, please contact us at 561-478-7961. Sincerely, MATHEWS CONSULTING, INC. .r_--- ~~~ ~~~ Bonnie McLeod, E.I. Project Engineer Enclosure cc: Richard Hasko, Delray Beach (w{enclosure} Randal Krejcarek, Delray Beach (w{enclosure) Rafael Ballestero, Delray Beach (w/enclosure) David Mathews, MC (wle~~closure} MC File No. 1482 BID BatyD STATE OF f=LCRIQA ~ SS C4€JNTY Of= Palm Beach ~ KNOW Ai.!~ MY BY THESE t~€~i/SENTS that H & ©Gonstructivn Go. ~ InC. aS Principal, and The Gaarantee Comt~anY of North America U5A a8 SUrB are h 1d ~ d fir ( 0 nd rrt0 the City of Delray ,ve a cen o ~ moon Beach, Florida, hereinafter caned the Cfty in fhe penal sum of ~ ~, ~ ~~ '~ daliars (~ 5~ )lawful money of the United States, far the payment of whlch.sur~ wii(ar~d truly to be made, we bled ourselves, our heirs, executers, administrat©rs, and sUCCeSSOrs, Join#fy ana severally, firrniy by these presents. THfn COND(TiOtdS 0l= T>-iiS d$LfGAT10N ARE SIJCf{, that whereas the Principal has submitted the accompanying bid, dated ~}a 2s zoos ,far project titled: SW 1~~'~ AVENUE ROADWAY, A,~~~YS & DRA~I'~~GE ~MpRUVEN~~i~TS City of Defray Beach Project too. 20D6-OD5 Bid Nc. 2DD9.30 NOW, THEftE=FARE, (a3 it is a eand(tian precedent to the submissions of said i~id that a certified check, cashiers check or bid band in the ar~oun# of f#ve percent (5%) of the base bid ba submitted wlkn said bid as a guarantee wet Bidderwould, If awarded @he contract, enter Into a written con#raot with the CITY far the completion ©t the Work apeclfed in the Contract Documents far the amour;t indicated in the Bid. tb3 (f the i'rincipaf shall not withdraw said bond with(n {603 days after date of the same, and shall within fifteen (~5} days after the prescribed forms are presented to him for signature, enter into a written contract with the CITY in accordance with the bid as accepted, and give bonds with good and sufficient surety ar sureties, as may be required, for the faithful performance and prpperfui€illrnet~t of such Contract, then the above abllgatian shai4 be void and or no effect, otherwise the sum herein stated shad be due and payebie fig the CITY and the surety heroin agrees to pey said sum irt~rr-edratefy upon demand of the CITY irr gCOd and lawfu(money of the United States of America as liquidated damages for failure thereof of-said principal, (N WiT'NESS VJf~EREaF, fhe above-bounded parties executed this instrument under their several seals, this 28th day p f ^ May, 2009 ,the Warne and corpcrata seal of each corporate party being herata affixed and these presents duly signed by its undersigned representative pursuant to authority of its. govern'sng body. ~h f Jason Katx {person), vn hehelf of (surety) The Guarantee Company of North America U5A (Surety C4mpany3 have read and examine rmance and Payment Bonds attached to Bid Na, _ zoo9-34 -- as Date: May 28, 2409 P~11 WITNESS (If Sofe awnersl~tip ar Partnership, two (2~ Witnesses requirea~. {if Corporation, Secretary Only will attest end aff€x seal] 1MTN>rSSE;5: ~ t'~GI/.li t~.- Print Name: ~~rv~~i ~~~,2•~G ~p,:~ Print Name:l~'~i5_~• ~Gi~>=_~-~~-~- RRiNCiPAt H ~ D Construction Go,, I c.e (signature of Authorized OfF[a_t~ ~rt¢,~, (ai#ix Seat) ~~ifltN2iR'18:/{'j+~tr ~c..- f.)rf7r13Lc~rY-'. Title; ` !~~'.r,f ,~ Busfnss~ Address 14~f?4 S, 2$th Ave. ' Fort Pierce, F~. 3k~J47 VJITN~SS~S; Rs Per Rttached Potirer of Attorney Print Name: Print Name: SUR~~'Y; the Guarantee iiip...o~_North America U5A B~: f (i r~atura t ney-irr-Fact) ,~' (a~'ix 5aai) i~rlnt Name: Jason Katz, Attorne,~! i n i=act ~tlSinE<55 Address 258fl0 Northvrestern hiwy. , Ste. 720 Southfield, MI 8075 Name of Local insurance Agency Nielson, Rosenhaus & Associates ~'- ~ ~ THE GUARANTEE COMPANY OF NORTH AMERICA USA '" Southfield, Michigan POWER OF ATTORNEY KNOW Al_l. BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organizod and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Br•ettRosertliaats, Jason ICatz Nielson acid Cofrapar;<y, btc. ---Lake Woj•tli its true and lawful attorney(s)-in-fact to oxecute,. seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, raqulred or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such ins#rument{s) in pursuance of these prosents, shalt be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as i# the same had been duly executed and acknowledged by Its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant fo and by authority of Article 1X, Section 9.03 of the By-Laws adopted by the Board of Directors of 7HE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31a day of December, 2fl03. The President, or any Vice President, acting v~ith any Secretary orAssistant Secretary, shalt have power and authority: '€. To appoint Attorney(s)-In-tact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and otherwritings obligatory in the natur ~thoroof; and 2. To revoke, at any time, any such Attorney-In-fac# and revoke the authority given, except as provided below 3. In connoetion with obligations in favor of the Kentucky Department of Highways only, it is agreed that fhe power and authority hereby given to the Rttorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -- Department of Highways of the Commonwealth of Kentucky ai feast thirty (30) days prior to fhe modification or revocation, Further, this Power of Attorney is signod and seated by facsimile pursuant tc resolution of the Board of Tirectors of the Company adopted at a meet€ng duly called and held on the 3'la day of Docomber 2003, of which the following Is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undorfaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHERI~OF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused T ~~ this tnstrument to be signed and its corporate seal to be affixed by Its authorized officer, this 1st day ,~ cob of May, 2008. ~, THE GUARANTEE COMPANY OF NORTH AMERICA USA o~ Jae " / ~ ~ STATE OF MICHIGAN Stephen Dullard, Vice President Randall Musselman, 5eeretary County of Oakland On this 1st day of May, 2©08 before me came the individuals who executed the preceding Instrument, to me porsonally known, and being by me duly sworn, said that each is the herein describod and authorized officer of The Guarantee Company of North America t1SA, that the seal affixed to said instrument is the Corporate Seat of said Company; that tho Corporate Seal and each signa•~re were duly affixed by order of the Board of Directors of said Company. ~- ~ Cynthia A. Takai IN WITNESS WHEREOF, l have hereunto set my hand at The Guarantee ~,~~ ,~ y . i ~4_~,4-Y~ }Votary Public, Stale of Michigan Company of North America tJSA offices the day and year above written. ~_d ~V:r ;:Yz;` County of C}akland . ~'~"-~'~;-;; ~ M Commission Ex gyres Februa 27, 2012 ~~~-f~"G<-~ J ~~"'~t~'~~ y Actin ~n Oakland Count ~~~ ~, I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing 'ss a true and correct copy o€ a Power of Rttorney executed by THE GUARANTEE COMPANY OF NORTH AMERICR USA, which is still In full force and effect. IN WIT~JESS WHE17170F, l have thereunto set my hand and attached the seal of said Company #his~~l~~~ay of ~'~ ~ ~ NTEF U// oJ9~ cog ~~G~ Jy~ Randall Musselrrjan, Secretary ticRm Alt~R~`P ADDENDUM NO. 1 TO CONTRACT DOCUMENTS For Tlie CITY Qr DELRAY BEACH SW 1~1`h AVENUE ROADVYAY, ALLEYS AND IaRAINAGE IMI'ROVIJMI;NTS CITY PRQJECT N0.2006-005 CITY 13XD N0.2009-30 Date: May 19, 20D9 TO ALL BIDDERS AND OTIi1aRS CONCERNIID: Contt~actors subn~ittl:~g proposals for the above-raferenced project shall #alce note of the following charges, additions, deletions, elarilications, etc., to the flans and Specifications 3vhicl: in accordance with the Cont3•ac# Documents sha11 becoir:e a part of and have precedence aver anything shown or described othe:•~vise. NO'I'B: Bidders i3~ust acknowledge Receipt of Adde~tclum on Page A-6 of the Agreeme:~t in the Contract Documents. FLEASE ACKNOWLEDGE RECEIPT OP ADDENDUM N4~ 1 BY SIGNING BELOW AND FAXING SACK TO PATSY NA17AI. (CITY Oh' DEL.ItAY BEACH) TO 56l~2R3-7166 AS SOON AS POSSIBLE. Planholder ~~~~~ By -~~-~`~ Date AD-I ADDENDUi\9 NQ. E PROPOSAL Proposal of ~i- d- ~ ~,c>:-~ ~~kruC-~~ ~F~ ~-~ ~, "~-n G . ~ _~~ (Contractor} (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for tho Project entitled: S~ 14~rri AVENUE ROAD~~VAY, ALLEYS & DRAINAGE IMPROVEMENTS City of Qelray Beach Project Na. 2006-005 Bid No. 2009-30 To: Purchasing Officer City of Delray Beach, Florida 100 NW ~ st Avenue Delray Beach, 1=lorida 33444 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreementwith the CITY in the form included in the Contract Documents to comple#e all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty (60} days after the day of Bid opening. Bidder will sign and deliver #o the CITY the Agreement and submit the Contract Security, lnsurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentafive Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the Time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 3. In submitting #his Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contrac# Documents and of fhe following addenda: Number Date ~Fiy-~%~ Number Date receipt of all of which is hereby acknowledged and also copies of the Advertisement for Bids and the instructions to Bidders; b. Bidder has examined the site and locality where the Work is to be per€ormed, the legal requirements (federal, state and local Paws, ordinances, rules and regale#ions) and the conditions affecting cost, progress or per€ormance of the Work and has made such P-1 independent investigations as Bidder deems necessary. Bidder warrants and represents that there are no defects, errors or inconsistencies in the plans, specifications or any of the Contract Documents and that the actual site conditions comport to the conditions set forth therein. c. This. Bid is genuine and not made in the interest of or an behalf of any undisclosed person, firm or corporation and 'is not submit#ed in conformity wkh any agreement or rules of any group, association, organization or earporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm ar a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for hirrtsel€ any advantage over any other Bidder or aver the CITY; no City official nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the firm performing the work, or to the profits resulting from the work. [remainder of pogo intentionally left blank] P-2 ~ U 0 ,,aZa' ].iLL~l '1- e'a X11 _~ Ekt [i. z N '~ ~. O 3 c w U [~ 0. h- z F1.1 t~ h Z ~ ~,. r ~ w U e a c ~ 3 a 0. ~ Q `~° ~ m ~ r- ~ ~ U o ~ p ~ ~ ~_ Z ~ a~ N t i~ R. 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Bidder agrees that the Vilork wilE be substantially completed within 120 calendar days after the data when the Con#ract Time commences io run, and completed within IS calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as #o liquidated damages in the event of failure to complete the work on time, 6. The undersigned agrees as follows: Accompanying this Proposal is a certified check, cashier's ch ~ ar bidfbond (5% of total Bid Price) meeting the requirements of the Contract Documents for $~ , t ` /• payable to the City of Delray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fait to execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instruc#ions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided horein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. 8. 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 on ~ ~- Z ~- - ~ Y a.) (1# a corporation) Signature of Bidder - Corporate Seal By:~//~-~~---~ Print game: ~~~c~hCt2. -D; ,c~'c Address of Bidder: i~4~Lt ~ ~~t~, ~~~~~-~ Incorporated under the laws of the State of ~= t-- b.) (lf an individuaE, par#narship, or non-incorporated organization) Signature of Bidder Bv: Print 1Vame: Address of Bidder: c.) Certificate of Competency number P-~t f 't: F F;:. r' F'~' ~:u ~~; _' d.j The narrtes of the corporate officers, or partners, or individuals doing business under fra~de name, is as follows: Signature B' ~~~ By, - ~_,; Print Name; ;C1h11C~ ~~~~c~~~ _ ~~ Title: '~~r~; ~~ ~ ~v"1 T t' -`` . ~ Business Address: ty©~-~ S ~.~ -j~-~'~-~-~ ---- c ~- ~~c_fcc~ ~L 13 ~4~1 z-t ~ Incorporated under the laws of the State of ~'~ (Remainder of this page left blank intentionally) P-5 a_' ,: ,:- "~`. f';~' ;. _, ~`{.= i ti~ CERTI FICATI (if Corporation) STATE OF FLORIDA } SS COUNTY OF.~ .I.uc~~ } I HEREBY CERT]FY that a meeting of the Board a€ Directors of 1-~ ~ ~ Cu ~~-~r~~~;~,n , a corporation under the laws of the State a€ ~+--- held on ~~ z~ , 20~'I the following resolution was duly passed and adopted: "RESOLVED", that ~'1~.c...hc~.~.1 ~~ ~;C=~~-~;vtti , as ~~-~~e.`a~ ~"~ n ~ of the Corporation, be and he is hereby authorized to execute the Proposal dated ~le~.( Z~~~ , 20~ between the City of Delray Beach, Florida and fhis Corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the of€icial act and deed o€ thls Corporation". ! further certify tha# said resolution is now in full force and effect. ~ IN WITNESS WHEREOF, k have hereunto set my hand this ~~'~~ day of ~~~y , 203. ~~~~ -~~- ~~:~ Print Name: ict+c~.~( "~~G,cu~,~~ Title: 1~rc~:~,c3r_n -t- Subscribed and sworn to before me this ~ ~" } da of W2 , 20 ~7 ~ II Signature and Stamp of Notary Public My Commission Expires: ~°1px `':;avn BRENDA C, HORNE ,~ * hdY COt~lhflSSiON ~ i?n 527845 EXPfRt=S; January i3, 2pit ~T'TFOrsEO4~Op 86Itde4~hn16udgBtH4faryServk&s P-6 NON-COLLUSIVE AFFIDAVIT STATE OF FLORIDA } )SS SC.~I~t:~ ~~ ~~iC~,C~,~U _ being €irst duty sworn, deposes and says that: (~} He is the -• r~~ ~. {Owner, Partner, Officer, Representative or Agent) {2} He is fatty informed respecting the preparation and contents of the a#tached Bid and of all pertinent circumstances respecting such Bid; {3} Such Bid is genuine and is not a collusive or sham Bid; {4) Neither the said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this of#idavit, have in any way colluded, conspired, connived or agreed, diroctly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has bean submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, firm, ar person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, profit, or cost element of the Sid Price or the Bid Price of any other Bidder, or ka secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against {Recipient), or any person interested in the proposed Contract; {5} The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part • t Bid ~' or y other of its agents, representatives, owners, employees or parties i t di ~ a avit. By. Print Name:,j~t",c~hu.~~ i~7; ~t~~~;Y-~~r~ Subseribod and sworn to before me this Z~ day of ~/~ , 20u1" \~_ Signature and Stamp of Notary Public My Commission Expires: 1 i '~°S; ' `'~,e~'c l3pI:NDR C. iiORl~'E ,~ * pdY G414~lJISSION # pp 627845 ExPIRES: January 13, 2011 ~r9rfOFeto~~Op ~ORQCd7tifUIr~0~3fJ7S6r1'~COS P-S DRUG FREE WORKPbACE CERTIFICATION I©ENTiCAt_ TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the Skate or by any politico]subdivision for the procurement of commodities or contractual services, a bid received from a business that certi€ies that it has implemented adrug-€ree workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have adrug-free workp€ace program (Florida Statutes Section 287.887). In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of .drug abuse in tho workplace, the business's policy of maintaining adrug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statemont specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee wi[! abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of~he United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabili#ation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain adrug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that #his firm complies fully with the above requirements. Bidders Signa ure [~1~ chCt~.1 ~~ ~~ ~~l..ci~ m (Print or type) P_9 TRENCH SAFETY ACT )=brida Statutes Section 553.60 et seq. "Trench Safet Ac#" Com liance Bidder acknowledges that the Florida Trench Safety Ac#, Section 553.60 et. sec ., which became effective October 1, 1990, shall be in effect during the period of construction of the project. The Bidder by signing and submitting fhe bid is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards. The Bidder further identifies the following separate item of cost of compliance with the applicable trench safety standards as wolf as the method of compliance. Method of Com liance Cost ~~ i~L~' t ~a r~ lGGG Bidder acknowledges that this cost is Included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result In the bid being declared non-responsive. The Bidder is, and the Owner and Engineer are not, responsible to review or assess City's safety prECautions, programs or costs, or the means, methods, techniques or technique adequacy, reasonableness of cast, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of l=lorida Statute Section 553.60 et. se .cited as the "Trench Safety Act". Bidder is, and the City and Engineer are not, responsible to determine if any safe#y or safety related standards apply to the project, including, but not limited to, the "Trench Safety Act" P-10 INFORMATION REQUIREb dF BIDDER BIDDER`S GI;NI~RAL INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non- responsive and may cause its rejection. Additional sheets shall be attached as required. (~) CONTRACTOR'S name and address: ~-::~--i- PAC? rcC'_ FL ~=-~~'i~~~t (2) CONTRACTOR'S telephone number: ~-~•'~tJ - ~-) ~~'l • ~ ~' ~ ~ (3) Number of years as a CONTRACTOR in this type of work: ~ ~.« S ('~) (5) Name, address, and telephone number of surety company ar~d agent who will provide the required bonds on this contract: r ~) e.~:~C3f"[ C•~c~ ~ U~t-,tS " ~ ~.;~ ~c. i CL~Q ~ L{.Gt(~L~ ~~'-~'. ~irn , 4rk ~'f ~ fr'[ C t~t. j-fL~l~t3 ~~ r.._~-~'' .f1Zd~ t? ~C:Es IVD~-~u;i'S a(rZ }-- V3 ~i"}'~ `7r~i~7 (6) Princi al Materials Manufactures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specifed and shown on the Drawings. The Bid Proposal shown on the preceding pages) has been calculated and tabulated using basic material prices. The fo[lowing is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a CONTRACT for the work specified herein and shown on the Plans. It is understood that fhe following list is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project, I# is also understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes to substitute materials or subcontractors he shall request permission in writing from the City stating fully the reason for making such a request prior to ordering same. All of said manufactures or their authorized vendors havo been made aware of all the appropriate portions of the Contract Documents and agree that their materials wi€! meet all of ttye requirements stated therein and that deliveries will be scheduled so as not to impede the progress of the work. P- i 3 Names and titles of all of#icers of CONTRACTOR'S firm: Materials: 'P~'~ ~ •'1 ~. `~Ase ice' ~-~C~ ' Subcontractors. ~ame //~~rt~/.a .t Sa,sS L~?~ ~! E ~ 5' f~ ~ 1 ,•~ i Manufacturer f Lc~~~ ~'as4' Duties /S,-r~ /~S~N~rc-'f Signature of Bi~~ Qy: ~ - PrintName:'t-I:~he~~1 i~~Gsc~~~,`~~_ P-14 QUESTIONNAIRE The undersigned guarantees the trufh and accuracy of all statements and answers herein contained. 1. How many years has your organization been in business in the State of Florida as a Contractor? ~ ~~~~ 2. What is the last project of this nature that you have completed? 3. Have you ever failed to complete work awarded to you: !f so where and why? l~ b3 ~. Name three individuals or corporations for which you have performed work and to which you refer? ti'~~S~C~~ ~~u,';'1C'S SG~I~-11~z ~{-tt"~~. `f ~~:c~C~~CszC11 5~.~-[-fC~t~ ~` ~'lS-~-r'c.t(.:~io=~ W,\\tc~.~ \-~a.~,clfz~C :S~r~~~h ~c.h..~t1~C'. ~ ~~Ct.~tc~. ~~hE,t~. stet. t~~3.~_~z.© ~,-~a. ~-~~c~. ~(~aa ~,~1. ~;~~. 1t~1 ~~ 5. List the following infor-na#ion concerning all contracts an hand as of the dato of submission of this proposal. (In ease of ca-venture, list the information of alI co-venturers}. TOTAt_ C4NTRACTEI~ %OF NAME OF CONTRACT QATEfOF COMPLETION PRQ.fECT OWNER VALUE COMPLETION TO ©ATE Sf'_~ CRS ~0`CI`t ~ .~~ (Continue list on insert sheet, if needed) 6. Have you personally inspected the proposed work and have you a complete plan for its performance? ~~~ 7. Will you sublet any part of this work? If so, give details. ~~~ .. ~~~P~c~1~~ ~~-~ ~ Q , ~~ L~as~.c=~ t'v 8. Wi~at equipment do you awn that is available for the work? (Attach additional sheets as necessary} S c ~ G`~~ ••jtc1.C~~t P-IS J~ C V 4~.. 0 ~ ~ wo a ~ '~ c ~ ar a v ~ L ~ ~. d kiJ W m N ++ O Q i-~ 4 V v 4 O. O C 4 ~. •~ U A a V _d N O a ~ ~O Z ~ ~ ~ ~O ~ a U o ~ C C 7 ~ i ~ +~ .a b O l ~ ~ ~ ~ U~ O Q N A OD ro > 7~ o ~ o ~ O o ~ ND O H O C Q~j ~ U ~ ~ j C3 pip ~ ~ V1 O V ~ .i j tg 00 ~ m u] a VS P Y ~ ~ v ~ r-i aG ~ n ~ v t '~ of N ~ r! cL ~ t~ vT tv 00 ~ o ~ 00 ~ w •~ ~ ~ ~ ~- r m ~n ~ m s ~n ~.-. ~_ oo o u1 v in ~ ~ ~n ro ~ v~ o w- o v c~ c o0 •.~ rv ~ J x o n ~-. x o n ~ Y n v¢ n cn ct n ~ cs n U cc r~ ~ n a o 0 9 0 s ~ m i o 0 a s r ~ v i • Ot ~ ~ ~ i ~ Ql _ Ol W Ol W o o O t ~ ~ a ~ ~ w ~ ~ { TT f ~ v . y= c ~ ~ rs ~ M o m in ¢ 0 0 ~ o o ~ a 0 o ° o = o ~ o o ~# V' tI1 ~"'i ri ~ r-[ H no c i' N V ro ~ C O ~ y Y C Q ~ O ~ U .o ro [1 C Q1 Q~ ~ ' ~ w ~ N ~ ~ I- U ~ , ~ ~ to ~ ~„ ~ ~ . ~ ~ • a ~ o ~ ~ ~ ~ ~ ro ~ ~ ~~ ~ 3~ o R0~ ~ o a ~ ~ `~ ° ~: ¢ 3 u ~ ~ ~ ~~ ~ o ~ ~ v ~ can ~ ~ ~ ;.~ ~ `•~_ ^ ~ ~ O i Cam' ~ O ~ ±' $i y w ~ X ~ ro ca ~ c d ro -a ~ O ar ~ a i R 4~ ro D U Q O~ ~ c a s.. o ~ O ~, ~ ~ '4 N ~ ~ C N ~ ~ Y ~ Y ~ N f4 i-+ '~ fO C ~ 7r ~ ~ Q. +~+ U f0 N ~ C ~ ~ a 3 ~ U ~ m ° u. ~ 3 ~ ~ v C ¢ .c s .~ a t u u v c '~, u m m m '~ ~; °° ~ ~ 0 a o ~ ro ~ cn o L ro ro > a ~ ~ ~ > > ~ ~ w ~~ E ~ ~ 3 ~ V ~ p ? ~ ~ N V ¢ ~ m a ~ ~' o v -~ ~ ~ ~ ~- ._ := as o ~, ro ~ o Q ,.. a~ ~ a al ~ u° ~ ~ v~ F ~ ° ro ~ } aG C] Q O Q u7 00 Ol t!~ Y •_ f;qufpmenk Lisk ~ 100.01 SD-40 Boller 1DD-D2 SD-70 Roller 1000-01 GTti200 Curb Machine 200-02 CX210 Excavator 200-03 2006 Vofvo Excavator 200-04 Volvo Excavator 400-01 Rubber f3ackhoe 75 500-fl1 1994 Grader 500-fl2 1996 Grader 5708 600-01 450FI Dozer 600-02 Case Dozer 70D-41 621-D Loader 700-02 1.60E-128 Loader 704-031.80E-110 Loader 700-04 2045 Vofvo Loader 800-01 10" Welf Pump 800-02 4",fet Pump 800-fl3 3" Diaphram Pump ~ 800-04 3" Trash Pump 900.02 l3omag Mfxer 900-03 Diesel Pfate Tamp 900.04 Pipe Laser 900-05 Pipe Laser 300-13 2002 Wator Truck 300-14 2005 F35D 9435 300-15 2005 F350 5943 300-15 Ford F150 300-17 2008 Ford F450 Trk 7033 r r Page 1 of 1 `~= :~~ 9. What equipment will you purchase for fhe proposed work? ~fl~ 10. What eaiuipment will you rent for the pr©posed work? State the true, exact, correct and complete name of the partnership, corporation or trade Warne under which you do business and the address o€ the place of business. (if a corporation, state the name of fhe President and Secretary. If a partnership, state the names of all partners. I€ a trade name, state the names of the business under the trade name. It is absolutely necessary thatjt``this information be j~f~,urnished}. Correct name of Bidder a} The business is a (Sofa Proprietorship} (Partnership (Corporation) ' b} The address of principal pface of business is t'~1{ai~ S ,~$~` '~-i~~-k ~~-- ~~e rG~ fit- 3''~~~~# 1 c} The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: ~ Signature' d~~~ By: ~ ~~ Print Name: iM;chCuc 1 1~. ,C':Ec.~t~:,~nr:~ Business Address: 1ycx~ <.~ a~" ~~sez~ Incorporated under fhe laws of fhe State of ~r ~- P-1 G City of Delray Beach Environmental Services Department CONTRACTOR QUESTIONNAIRE xK*ac ~;e ~c ek >k 3~>k ~k ~F*~k ~k x, *~Y~x$:Y se se $: ;e~~;e x:;c >',e a;: ~k 3~* :~~Skx~F ~kx ~k ~: 3E ~k~~k x~k~~k ~F T>k~~k ~F*,~~k ~c 3c~i,~~ok ~; ~;c**>,~~i*i,~ie* CONTENTS -INFORMATION TO BE SUBMITTED Page l , Basic Information 1 2. Application for Preclualification {project name, entered) 1 3. Organizational Structure & History 2 ~. Of~eers and Owners 3 5. Experience 4 6. Key Persanne] 8 7. Bonding 8 S. Safety 9 ~, Environ~~~e~atal and Civil Rights Information i 1 10. Certil'icatians Under Oath '~ I2 [CDB Use Only Below "]'iris Line] Date Received: Jt- -° 2-•~7 - ~•' ~ Questionnaire -Cover Page City of Defray Beacf~ Envirotzrtletitaf Services Department SUPPLEMENTAL CONTRACTOR QUESTIONNAIRE *$c ~F :k Xe 3,:xxak }:~~1c~xX$e it ~; ~: $c~>t*~x, ~c$a: o<t,'tx~~$c~}C }r~x*XX*M~ ,kxx~~x~k ,~~*3a :~c*~~ ;~~*~~fi~~~~ak*~k ~F 7,e*~ INS7'RUCTI~NS 1. Please print legibly, type, or ~vot•d process, Siglr in ink. Wlten attaching sheets, please place the question number to which you are responding in the upper right hand corner of each sheet and number the sheets. 2. Note that the person signing this Application must swear that the inforu~ation provided below is true, accurate, attd complete. 3. Failure to submit fully completed "Sttpplen~ental Contractor Questionnaire" renders the Bid void and shall trot be considered for award by the City. $~Fi~*i,~~~#**~~x~ex;e>,<tc~:~sti~ese~k*x>,¢~x~k~s~okxrzi,~~~~k*~x~kx~k~x~;t~kx~kX~k*~3~~k~~x~k~k~k~k:<~k~ki, ~k~k~k>k~k~~k 1. Basic Inforniatia>t>< Name of Contractor: `E- ~ C~;:-~.5-~-~t/~c1~ tc~,~, ~,:~ 5~~~~, [Sartre as on Cover Page o This Applicatiottl CotltaCt Pef'SOr1~S~: ~tG~~~~ ~; ~ ~ Ct, CC,(~1~ Telephone No: -rt-t~.~a~1.l+yZ~ Fa~No: ~~~t~.~-4a~i.tcFz~ E-n~aif; m~'~~~,e~~:.~~tuCh~.~ccu~inc_~u.-~-, Addt•ess: 1t-Iot! ~~ ~`3~ ~~-~-r~~~- Federal Tao ID No: ~ `~ - ~l`'~ 1~"~l ~- 2. Project Types Fo>I• ~'liicir_Q~I~1i~ca#io~i, Zs_Applie_d [See definitions in section 1.2 of Procedure.f S'~~ I4ttt Avenue Roadway, Alleys & Draitlage In~provemcnts, PIN 2006-005 City of t7elray Beach Page 1 of l 2 Rev. laec. 5, 2008 Area 1 t Reclaimed System r Booster t'untp Stfltipn Conversion City o~ Delray Beach Envir'ann~ental Services Department SUPPLEMENTAL CONTRACTOR QUESTIONNAIRE 3. Or~anizatio~ial Structure & Has#o~-~r 3.1 Tl~e Contractor is duly organized under the laws of tl~e State of 3.2 The Contractor has the following organizational structure. (}individual (~orparation () partnership ( ) li~~~ited liability company ()joint venture (}other: _ 3.3 Please provide the year the Contractor {and not at~y Predecessor Entities or Related Entities} was first organized. <~pGl 3.4 Please list all Predecessor Entities belo~~~ (or o~~ attached sheets if ~~ecessary}. ~~a,~ 3.5 Please list all Related Entities belot~~ (ar an attached sheets if necessar}r). ;, n 3.6 If organized in any state other than Florida or in a foreign eountx'y, are you in compliance with all lags and regulations necessar}l to legally do business i3~ the State of Florida? YES ~~ NO City of Detr~ty fieaclt Fage 2 Ol' 12 Rev. Dec. 5, 2008 Area 13 Reclai33ted System Booster P~[ttt3 Stat'tott Canversiof~ City of Delray Beach Enviran rental Services Department SUPPLEMENTAL CONTRACTOR QUESTIONNAIRE 4. Officers a~zd O~i~ne;;•s 4. l Officers Please list the name, title, and address of current Officers, Directors, Partners, t Membez•s, and any other pet'sons with analogozzs positions, in descending oz•dez• of degree of COlltral, Name Title Addz•ess . ~~0.m~S _ ~~t tl~. C ~ O t~-!o~ ~ ~~''•'~' S~ . ~ ~. ~-cs`~ ~ ~- .~~1~~14.7 t`11,c:~!'1t~.~ '~~~ic~«:,fr,c~ .~f~Sti~e~~`~ tt-~~r ~~ ~~5~"' ~~~. ~~-- P~er~r Ft~ :3~t~~~-l~ ~~~'~~~~-~ , S~ZC.ir~-' _ ~Fa 1~{t~; S ;~~`'~"' S}. ~-~- . ~~ef~e.. ~C_ ~~r~~~ [Attach additional sheets as necessaty.j ~.2 Owners. Please list the narrze, address, and percentage of ownership of all pez•sans ar ezatities awning 10 pez•cen# ar more of the Contractor, in descending order of percentage of ownership. Owner f~ddress % n , . ~. ~C,U~'t(.~~.~ rte. ,G•c.~co~`~ 4~ ~ ~~`' S~•, ~~- _ 1~?rC~ ~L 3~f~i~#1 ~~ O [Attach additional sheets as nacessary.) d-.3 En~pioyees• Please list total quantity of en~playees, #,~ of czews, and discipline of each crew. Crew Discipline Number of employees in crew i (~~ ~E2.~~ - -- J rJ C~:tr re-4e.. ~~ f~e ~ ~ ~~~ ~e_ C~e~ ~ cLl~` . i ~~t.JeV ~~ [Attacft additional sl~ is as necessary,l City of llelrsy €#esch Page 3 of l 2 Ares t 3 tteclsimed System Booster t'ump Station Conversion aftatal ~t•~~z ~~~~ ~~ l~ Rev, Qec. 5, 20D8 City of Delra}r Beach Environmental Services Department SUPPLEMENTAL CONTRACTOR QUESTIONNAIRE 5. Ex erienee 5,1 Summar of Contractor Experience VVitl~ respect to this specific project, list the approximate number of yeaz•s of experience that the Contractor has as a prime contz•actoz• or as a subcontractor with primary responsibility. Project T e Years Utility Construction (primary) ~ P.~ Utility Construction (subcontz'acto-•) _ 5.2 Most Recent[ Cozn leted Contracts Please provide the fallowing information regarding tl~e last six similar contracts completed by the Contr•aetor, Please list in reverse chronological order (most recently completed project l`zrst, next most recentl~~ completed project, etc.}. [Please feel Free to provide this ittfortrtatiae~ on attached sheets in anattter format as long as it contains all the ittfarn~atian requested.) Contract Amount Project Type & Location Month /Year Completed Narne, Address, Contact Person & Tel. # of Owner 5.3 Contracts In Pro r•ess Please provide the fallowing information regarding all similar Contracts currently in progress, in descending Order of contract amount. [Please feel free to provide this inPorrnatian o~i attaci~ed sheets in anotEier fortr3at as long as it contains all the itzfa~~~nation requested.} Contract Amount Project Type & Location % Completed ~ Name, Address, Contact Person & Tel. # of Or~vner City ©f Delray Beaclt Page 4 of i 2 Rev. oec. 5, 20x8 Area I 1 Reelairned System Booster Purrtp 5tatiort Cartversion ~,. r~ ~j }' C tN ul N Q1 C~ ~ Oi c~ ~(1 tNr] Uo ~ d ~ t17 m m o ~ a ~ ~ ~ ~' ~ o ° ~ ~ ° o ,~ ~ a o a ~ c o t7 a ~ o rV' ~ G L L o ~ c ~ ~~ o ~' ~ ~~ ~ o -~s Q ~ ~ ar ~ mm :c o ~ ~ Ya~i ~ oo ~ o0 ~ Z ~ ~ 'a oo ~ N '£ c o ~ c ~ ra o o to ra o c3 ~ d ~ fi ~ ~' ~ N 7 I~ '~ r-i r e-i V ~ ~ ~ ~ d n ~ ~ ~ ~ ~ ~ q U o ~ ~ m ~ m n ~ c ~ ~ ain~ o ~ fV p ~ o °'m N ~ `d ~ `n M ~ -~ i p ~ m~ti ~ 4S ~ ~1 m ~ N n v m z +`~ z° y ~ ~ p ~ N ~ C ate, ~ U .~ ~ Q ~ ~' ~ ~ ~ ~ V ~ 0 C~ OA ~ ~ L ._ C ` U L O ~ A ~ vs p ~ x ~ ~ '~ ~ (fi c O ' ~ ~ ~ la ~ ~ }' ~ '~ {'' o "' ro v ~ o ~ ~ " ~ n, rn f0 ~ ~ a ° ~ o ~ ~ ~ u ~ o ~ o ~ o ~ ~ ,-~ ° ~ ~ v~ N ~ ~ a~ ~ ~ a~ z ~ , ~ ~ ~ ~ ~ ~ o °~ 0 0 0 ~ ~ ~ o 0 a Q o 0 0 o a o E ~ ~ © ~ o rn o o ~ t--: 0 0 ~ ~ L 7 ~ ¢, U ~ ,i ~~ G ,i ~ _ ~~° ~ v .~ O ~ ~~° O ~ , Q ~ ...a O ro cu ~ El W 00 ~0 47 ~~ ~ i-. +-~ ~ f0 ~+ Y ~ ~ ~ ~ ~ ~ ~ ~ O ~+ iD U Q p Q ~ d Q v~ Q U ~. [i. ~ U C2. ~ C ~ /R~' [ ~ ~J V ~ ~ U Q U ~ ~ V L ~ ~ .o ~ ~. . a~ ~ ~ ~ ~ ~ +~ ro 3 0 +~ ~ +1 ~ k. c L Q LJ.1 ~ Q ~ O L ~ ~ ~a-+ ~ '~ i aCC G Q N ~ ~ ~ ~ C ~ ~ Q V ~ . ~ cn fit ~ ~ ~ 41 in ~1 ~ ~ ~ L]. O O 41 d Or~J ~- vii V1 O 'C3 Q ~ ~ +-~ v O ~ N 7, p -d .r1 ~ L ~ ~ ~ ~ ~ ~ ~ ~ ~ .O V1 Z3 ^~ 00 Fn .L ~~ V 1C V L 41 0 ~ ~ pA O 1v C . cis p. G. V 'L3 w oft ~ ~ V }.r ~ ~ ~ ~ 0 V Q a~'i G]. Q ,o ~. .~ ti a~ c 0 ,~, co v ~7 'a a z 4~ .p (_, a ~° ~CD-+ H Q W ~ M ~- t p 61 ~ ~ ~ O1 '~ ~ N Y C Ch CO N ~ ~ ~ C d ~ . ~ }, {N Q O ~ ~ ' O ~ }' w _ ~ N cJ1 --7 Q ~ 1~ `n >` ~.. ta. L.. P C r~ O N 'g ~ U ~ ~ ~ X ~ O O v cn r ~ r ~ v W - L, s vl ~ .~ C ~ if1 O 47 vl - J r ~ ~ 00 a~ ru U op C (~ 1Fl ~ ~O C l.t. C r-i U QUO Q} ~ t-~ ~ fN~3 ~ ~ tn4 w ~ 'a-=r C ~ ~ ~ a ~ v O €~ C ` ~ C r-I ~ ° i Q1 .~ U t. N ~_ ~ O r ~ ~'' f O ~ m T ~ l O N p -q 'n r L l c c a s n ~ v . ca 7 O ~ o a_ ~ .~ n. C7 o ~ OD Cv 6f ~ N ~ n }'' N 0.7 n O n ~ CO d1 O 11 r p O c-i ~ ~ ~ { : ~ ++ (6 ~ ~ ~-F ~ `~' n U r-I ~ Q 1~ ~ r-1 ~ C7 1~ U ~ O ~ k~ cn N u. E~ (~ o ~ ~ ~ o ~ n ~ V' VT f ~S Qt Q1 L7T O o . n 00 00 . o~ o r P t0 ~ r 00 ~ r 00 ~ ` N ~ \ r i ~ c-i ri f'A ri P p 0 °- ~ 0 o 0 - ~ = 0 0 0 0 rl ~ N ~ 1n r-! r-t d- ri O «, ~ ~ m g. `p ~'i a ~ ~ L ~ fEf •~ (/1 ~ ice/ ~+ Qy ~ ~ 3 a ~ ~ an 1-= O ~ ro coo v}'i is ~ v ~^ to U O _~ ~ v u • i ~ m ~ r3, ~ .~ • f 0 0 0 W ' ] ~ ~ ~ V O _, ~ L ~ ~ ~ ~ C N [C ~ O v-- ~ ~- j ~ C +O +~ ~ C C 47 C h4 "C3 ~. O C . ~ ~ ~ O N [JO ~ ~ ~ ' - ~ O v~ 3 ~ O O - c ~ ~.. ~ p 'C3 'O -~ . ~ ~ y ~ v - ~ u .a ~ Q ~ ~ a ~ $ . ~ r ~ ~ O . ,.. ~ ~ C O $ u ~ ~ ~ ~ Y ~ ~ O - O ~ ~ ~ ,c .O ~ u ~ .G ~ a3 ~ cn ~ .g ro v .~ 3 ~ ~ , ~ o ro n o. o ~ ~~ ~ ~ a X sa. n .~ U C r U r U a~ 'U ~ ~ - v ~ ~ a Ci + ' O 0 0 0 O ~ O O ~ In ~ ~ Ll ~ ~ o > iu ~ ~ ^ ~ N ~ ~ ~` L ~ y' ~ ~ (,~ ~ .~ o m~ ~~ L o ~ _ tn3 ~ C 0.S ~ t0. 1- U F~ City of Delray Beach Environmental Services Depar~rnent SUPPLEMENTAL CONTRACTOR QUESTIONNAIRE 5.4 Provide an alphabetical listing of all state ar' local government or procurement agencies that have awarded the Contractor {ar• any Predecessor Entities and Related Entities) a contract during the last five years, Pro~ride the Project Name, Contact Name al~d Contact phone number for each agency. ~' 1, C'_r-~~ ~~ `~~oc~S~C:ttnf ~~c~~:$ t'~~`sh S~~v~c~~e~, ~~-~ tie. ~l~..G`~.~1~~~ -~-ra,_~~~7. ~r~c= ~. C~i'C~1 Crir t~~CiCt~. t©R` ~~i~u-i ~f~.C~'~-•~ _~2lJl'000i.. { ~ti~liL''t{ . "~"l~. ~~ • J~C%~ ~- °.~'~,c_rt t~iVG( a~`•.uz,._ ~~---~a.n 5.~~ L1 .~.~'~~nn~ ~•~~. 5~S`~ : ~a.~C~ 3, ~€~c~tC.n ~~t~('f C~-t~-~ sR ~~ ~.L~.~,~ s„~rt.~~~n~ E.c~de,~,<;~e:rC~ `~-~3.5c:~1,~~.6=r. 4. ©.~ ~ n ~C:~.s7~ c~,~~in Ci;.~..~ ~nr~u~CL:~ ~~ ~ • Z~S ~~. 5;~i'`~ ~. ~3t 1~1~ Q~ C~~ ~'~,1(i_,__~~~~~, ~i 4~tEL~iC ~~ ~f~e~li~~i~t~~ _ "~f11~C3~, ~`C.,Y~ t,(~"~C~..tC~i i •.~tc~~. '7~"~ . ;-~ 1 U 6. [~ftaclt additionai sheets as necessat•y.] S.5 Liquidated Damages Within tl~e last eve years, has the Contractor {or any Predecessor Entities ar Related Entities} had liquidated damages assessed against it? YES NO if YES, please provide firll details on attached sheets including the per diem amount of liquidated damages, the original contract time, and the number of days for which liquidated damages were assessed. Please feel fi•ee to include a written summary of your position on the matter. 5.{~ Terminations / Suspensions f Defaults {a} Within the last five years, has a contract of the Contractor {or arry Predecessor Entities or Related Entities) been terminated or suspended for cause? YES NO .~ {b) lATithiti the last five years, has another Marty {e.g. surety) completed Work t~vhich the Contractor {or any Predecessor Entities or Related Entities) was originally responsible to perform? YES NO t/ x City of be[ra;' Beach Page S 4f t 2 €Zcv, ©ec. 5, 2008 Area I I Rectaiancd System Booster P>3Ettp Statio~t Co~tversioEt l City of Deh'ay Beach Environmental Services Depaz~tnent ~~ SUPPLEMENTAL CONTRACTOR QUESTIONI~fAIRE {c} Within the last five years, has the Contractor {or any Predecessor Entities or Related Entities} been considered itr default of a contract that eras not cured Within the tune franre allowed by the contract? YES NO ,l If tlae answer to any of questions 5,6(aj -(cj is YES, please pi°~~iide fall details on attached sheets. Please feel free to include a written summary of your position on the matter. 5.7 Denial of Qualification or• Award {a) Within the last S years, has any federal, state, or local government ot• procurement agency denied the Contractor {or any Predecessot• Entities or Related Entities) qualification? YES NO ~/ (b) Within the last 5 years, has any federal, state, or local goverturrent oz• procurement agency, after the Contractor {or any Predecessor Entities or Related Entities} submitted the apparent low bid, refused to award a contract for reasons related to the Contractor's qualifications, experience, competence, or financial situation? YES NO / If the ansu=er to either of questions 5.7(a) or (b) is 1`ES, please pt•avide full details alt attached streets. Please feel free to inciuc{e a written sunrlnary of your position on the matter. S , 8 Debarments, Etc (a) Within the last S years, has the Contractor (or any Predecessor` Entities or Related Entities} been debarred for any reason by any federal, state, or local government or procurement agencies? YES NO {b) Within the last 5 years, has the Contractor (or any Predecessor Entities or Related Entities] refrained fi•anr bidding far any reason, such as suspension or agreen~cnt not to bid, or as part of tlae settlement of a Dispute of an}r type with aray federal, state, ar local government or procurement agencies? / YES NO ,/ If the ttnswel• to either of questions 5.8(a} or {b) is YES, please pray=ide full details on attached sheets. Please feel free to include a written summary of yottt~ position on the matter. City of Delray BeacEt Page 6 of 12 Rev. Dce. 5, 20D8 Area € !Reclaimed System Booster Pump Station Carversion City of Delray Beach Envirarnnenta! Services Depar~rnent SUPPLE3VIENTAL CONTRACTOR QUES`fIONNAIRE 5.9 Claims Histor Within the last 5 years, has the Contractor {ot' any Predecessor Entities ar Related Entities) been a party to a Claim with alt originally claimed arnoua~t in excess. of $50,000? [Please note the relatively narraw definition of"Clairr3" irr section 1.2 of the Procedut•e.] YES NO If YES, please provide full details for each Gains an attached sheets ir~cludirrg {a) whethet• the Clait~ was brought by ar against the Con#ractor {or any 1't•edeeessor Entities or Related Entities), {b) the nature of the Dispute underlying the Claim, (c} originally clairnec~ amounts, (d} the resohr#ion of such Claims (including tl~e arrrount} or• if urrresolved, the current status of such Clair-ns, and (e} the name, address and phone number of the prir>I~ary adverse party wlio an be contacted far additional itrfot•rnation, artid (f} a 1vt•itten sunlr~~ary of your' position on the matter (if desired. 5.10 Bid or Other Crimes Within the last 10 years, has the Conractor {or.• any Predecessor Entities or Related Entities), or any officers, owner's, or Key Personnel of the same ever been indicted on, convicted of, or plead or• consented to a violation of a t~id crime including bid collusion or• any other crime involving fraud or knowing misrepresentation? YES NO / Tf YES, please provide full details on attached sheets. Please feel free to include a written surnrnaiy of your position on the matter`, 5,11 duality Control Does tl~e Contractor Dave a written organizational-level quality control plan (as opposed to project-level plans)? YES NO / If YES, please answer the following two questions. (a} What year was it first adapted? (b} In what year was its substance last revised? City of betray r3eaclr Page 7 of 12 Rev. bee. 5, 2008 Area t t Reclaimed sy~stent r3ooster Pump S[ation Conversion x City of Deh•ay Beach Envirorunental Services Department SUPPLEMENTAL CONTRACTOR QUESTIONNAIRE 6. Key Personrte~ 6.1 Please provide the £ollorving information for all Key Personnel whose duties consist primarily of one or gore the following functions: {a) project management, {b) duality control and {c) safety oversight. Please feel free to provide this infartnatian an attached sheets its attother format as long as it catttains all the information requested.] Name .Iob Duties Relevant Licenses Experience Education {a-c a~o v e ) or Certif cations {# of Yrs) {Degree or #Yrs) 1 v Cyr S~1ClNi ( ~ ~ ~C ~ C~ S`~r+~~e:C G~ni ft~e ~ ~ ~ __ . __ ~- ~ ~~~~mcn~ 2 Chtz.~- ,;wrY2 'c~= .S'lL~' Ve~'t~~ ~ 1( 2 _ ~~~~~ ~fa;ti~'~C. ~.i:fl"TYV~ ~ {~ ~1E' ~~ t ~ ~~ t l~~t~t~\ 5~~(~C,~ ~ C4-:1 C~ S~w.~r U ~1~ r T~r~~'1 5 ~--~~-e ~! i- G C~ ~-~ C;~~~~ - ~ ~ 5 C~ ~ ~ t'Cl~~-~-f ~ Pr~~e~-~- '1~1r~.nctr~~ ~..~ } , ~t- y ~ SGr tL~ ~~~~~ 6 '-5e~~- ~R~c~c~ _ s~~,~~.saz 3a - t,sH~ ~. ~ 1 [Attach addiziotzal sheets as necessary.i 7. Boitdir2 3.1 Is the Contractor capable of obtaining ri-ot~~ a Qualifying Banding Company a performance bond and a payment band each in the amount of the bid prices that the Contractor will be submitting to the City? A Qualifying Bonding Con~rpany is an insurance, bonding, and/or surety company as specified in the Ger7eral Conditions, Article b -- "Bonds and Insurance", page GC-10. r YES •~ No If YES, please attach a letter from a Qualifying Bonding Company that {a) states that the said company meets the definition of "Qualifying Bonding Company" and {b) sets forth the bonding capacity of the Cazltractor for• a specific dollar aznot_rnt for this single project. Letters indicating "unlimited" bonding capacity are not acceptable. If NO, please explain why you cannot meet tEae banding standards set forth in ctuestion 7.1 above on attached sheets. Cityof €3elray t3each Page $ of 12 Rev, bec. 5, 20D8 Area i E Rec€ai~ned System k3aostcr Pu~n~ Statioi7 Cwtvers'son 7. 1 ~~ N1EJ..5OPl, }2OSEdVHAUS & ASSOCIATES ~ Maxelt 3I, 200~J ,,; Florida DepartmQnt of'1'ransportatian ;' 40¢0 Espelande Way, Iata. 139 rr< ~;, Tallahassee, FL 32399 rr. ... , ~; RIa: I-I & D Cansfructian Co.. Inc. ~'% Btatement of I3ondability ~~t 't ,, To Whom It May Concern: I E} ' , This is to advise you that our office providos Bid, 1'erfortnance, and 1'ayinaitt Bozids for H & D t~ Construction Co„ Inc. Their surety is The Guarantee Company of S~ortli America USA, which I,~ caxries air A. M. )3es# Rating of A IX, aid listed in the Departrnant of tho Treasury's I'aderal ,~ '?' Register. ~~, =~' Based upor- normal and standard underwriting cxitaxia at the time of the requost, we should be in a posifio~t to provide Perfoxmance and Payment bonds in the amount of $~,OOO,OOOAO ~~ fox single size project and $ZO,On0,t)OO.t)0 in the aggregate. 1PVa obviously reserve the right to i~ review final con#ractual dac~Irrlents, bond fortes and obtain satisfactory pvideitce of funding f s prior to final commitment to issue bonds, `~ ,;; H & D Construction Co., Inc, is an excellent contractor and we hold there in highest x'egard. Wo feel e~fremely confident in our contractor and encourage you io offer them an "' opportunity to e~eecute any upcoming projects. () !; This lettex is not an assumption of liability, ear is it a bid or p~rforjnance and payment bond. >; Ik is issued only as a bonding ref©rence requested by our respected cliezwt 4? If you should have any quesffons, please do ztot hesitate to give me a call, ,.~ Bincer~yi~/ ' c3 ~~ ;'. j on a "r es' nt Agent ~~ aaoc~ saUtn 3~t>z A~s~~~ Suite 2U1 Lake Warth, FL 334b3 I': 5b 3.432.S55Q F: 5b f .432.5442 :.:•,r•~.a~it~f +unhnnds.tn nt City of Delray Beach Environir~ental Services Department ~. SUPPLEMENTAL CONTRACTOR QUESTIONNAIRE ~~ ~,: ~~ . .~~. ~~~'.~~ 8. Safe gy -~~~~. 8.1 Does the Contractor leave a written safety program? ~- i~ ~ YES ~/ NO ~;~ f, If YES, please answer the following two questions. ~~ ,~ (a) What year vas it first adopted? 7 ~~ ~'~ ` (b) In what year was its substance last revised? Zit ~~. ~. {' 8.2 Does the Contractor hold regular work site safety meetings for irriinecliate supervisors? _ f YES '~ NO If YES, at what frequency? Weekly ~~ Monthly Other 8.3 1?or each of the last three (3) fiill calendar years, provide the following totals frot~r your "Lag acrd Summary of Occupational Injt~ries acrd Illnesses" (US Department of Labor, Bureau of Tabor Statistics, OSHA No. 200). [Please feel free to attach copies of yaarr OSt-lA No. 2a0 logs or to provide this inforrnatiotr err arrotlrer format on attached sheets as long as it corn#ains all the inforr3ratiorr requested.] OSHA 3 Yrs Aga 2 Yrs Ago Last Yr No. 200 Yearly Total Yearly Total Yearly Total Column # Description 2 20 v~7 20E}~ I # of Injury Related Fatalities ~ ~ ~~ 2 # of Injuries Involving LOSt or ReSti'iCted Workdays ~ =~- t ~ # of InlUraeS InVOIVin~, ~ Days Away I?ron~ Work ~ ~ c~- 4 # of Days Away From ~ ~ ~ ~~ i ~ ork Due To Injuries City of i}elray Beach Page 9 of 12 Rev. Dec. 5, 2003 Area t t Reclaimed System Baosfer Pump Station Conversion Cit}T of Delray Beach Environnnental Services De partment ', SUPPLEMENTAL CDNTRACTQR QUESTIONNAIRE '{ ;M 5 # of Restricted Workdays ~, Due To Injuj'ies ~ U 8 # of Illness Related fatalities 9 ~ of Illnesses Involving Last ~ ~ ~ ~ Q orkdays _ , or Restricted ~ 1 a # of Illnesses Involving - , Days Away From Work ~ a 1 l # of Days Awa}f From ~ 0 Work Due Ta Illnesses ~ I2 # of Restricted Warkdays Due `l'o Illnesses y ~~i attached sheets, please fee] free to provide other infornation to aid in the interpretation of the above information including, for example, the ratio of tlne above line items to total days worked. 8.d Have you had any accide~rt in the past tlu'ee years that caused over $ SQ,CI~~ in property damage? / YES NC ~/ if YES, please provide full details of each such accident on attached sheets. Please feel free to include a written sunnnnary of your positions regarding an}l of the infor>ation provided in this section 8 -Safety. Cannplete and attach tine Safety Supplemental. Cit}• of Delray f3eaclt Page ICE of 12 Rev. Dec. 5, 2008 Area l 1 Reclaimed System Booster PuntEt Station Conversion City of Delray Beach Envirokunentai Services Department SUPPLEMENTAL CONTRACTOR QUESTIONNAIRE 9. Enyii•onnlental and Civil Ri~llfs T>Ilfarlnation 9.1 Envil•olunental Record, Within the last 5 years, has tl~e Contractor (oI• any Predecessor Entities or Related Entities] been fouled to be in violation of any federal, state ar local environmental law ak' regulation in an administrative, civil or criminal proceeding in which: the fact under found that the Contractor committed the violation andlor failed to comply after having been natifled of the violation? YES NO ~~ If YES, please provide full details, including a summary of your position, on attached sheets, 9,2 Civil Ri hts Record. Within the last S years, leas the Contractol• (ar any Predecessol• Entities or Related Entities) had any findings andlor rulings of sexual harassment, discrimination, or other civil fights violations against it? YES NO If YES, please provide full details, including a sulalmary of }Totkr posjtkon, on attached sheets. ;K Complete and attach the Equal Enlploylnent Opporttknit}f/Civil Rights Supplemental, City of Delray Seach t'age 1 1 of 12 Ret-. 1]ec. 5, 200$ Area I 1 l~eclaitned System Booster Pomp Station Conversion City of Delray Beach Environznezrtal Services Department SUPPLEMENTAL CONTRACTOR QUESTIONNAIRE 10. Certlficatiorrs Under Oath By signing below, the person signing below hereby certifies and swears, ON OATH, as follows, Y 1, I have personal knowledge of all the information contained in this Questionnaire OR I am responsible for the accuracy of all such information 2. The information contained in this Application is true and complete. 3. I hereby authorize the City of Delray Beach to contact any person or entity necessary to verify or supplement any of the irrfor•n~ation requested by or provided izl this Application without liability, and I hereby further authorize any person or entity contacted to provide arty and all information requested without liability. ~. The Contractor has read, understands, and agrees to all terms of the Qualification Questionnaire. 5. 1 am duly authorized by la~v and by the Contractor to sign this Qualification on behalf of the Contractor. Date Witness State of ~ ~ County of 5~ . t-~c,~. coNTRACTOR ~~~~~C~ [Signatarej 1 r [Name :uid Title Printed] Date; ~ ~-€~ ~G~'j Then personally appeared fire person ~~=ho signed this page above and acknolvledged this instrument to be his or her free act and deed and the free act and deed of the Contractor, and firrther• said person swore, ON OATH, that the statements made ~mder the section 10 entitled "Certifications Under Oath" are true and eanlplete. ~Signaiure cif Notarq Public Name Printed: ,~~~ o~ ~ ~ l~~iZ ~--/ (r R9y Commission Expires: _ _ ~~y~a (!j I ~REICD7rC-N~~ro~ _- ~ > * h~iY CO~.~MISS10id # A~ 627945 EXPIRES: Jant€ary i3, 20i 4 ~rq>FC~cEO~~~o- 86Rd2dTi}r{16Ud9gt~iGtafyS2NIGe5 City of r3elray r3eacE: Page [ 2 Of 12 Area r r Reelaimed System Boaster Pump Station Cnnversios3 Rev. Qee. 5, 2©08 ~°,iESr~ STATE QF FLQRIDA ~`~~. ~~~.~~ DEPARTMENT QF BUSSNESS AND PROFESSIpNAL REGULATION ~•~° CONSTRUCTION ~NDLI'STRY LICENSING BOARD ',y ~- ~> 1.940 NORTH MONROE STREET ~oa„~,m~ TALLAHASSEE EL 32399-(1783 s X850) 487-1395 D~OIACOMO, MICHAEL H & D CONSTRUCTION CO zNC 9773 SW SANTA MONxCA DR PALM CITY FI, 3~k390 Gongraiulationsl With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation Our professionals and businesses range from architects to yacht brokers, #ran~ t~oxers to barbeque restaurants, and they keep Florida`s economy strong. 1~very day we work to improve the way we do business in artier to serve you better For information about our services, please Eog onto wwv,r.Enyflorldalicense.Darri, There you can find more information about our divisions and the regulations that impact you, subscribe tv department newsletters and learn moro about the t7epartment's ini(iatives. Our n3ission at tt~e Department is: t_tcense efficiently, Regulate Fairly. We constantly strive kv serve you bettor sv that you can serve your customers. Ti~ank you for doing business in Florida, and congratulations on your new license! ©~TACH N~RE ~Si.1p~FI'''jj'y~E~~p.Fjj,~~~fj.C2f~lFJ!# SA{"~'G~1~~'1~~ ~~ ~~~~73]~~~ 1 .ay ~~ ~Fr#J.:F,~~t7~i'd~~~ ~f~[ ~~~Y'~?~ir+`ldp~ 'AND. =~~a~1;s~~Q~ ~ ~~G 7~A'i`~~"JN - ~ ',:t •CGC06:2.>94~3~~ .. ~r,~~>r~'/~.~~~~.~$ .,00.0a.00'OQ~ I`3 41;:12'i''SF~~I} under- tho groviei'ona of eh,4'89 p ~ eisp;#'kaci.on d~tas AU~,,'~'1, 2r(tr~,0 2i~¢814}:6':OD3:4'!! Y ~,~ ~ - `~C~~ ~.I~ t~ ~~ ~~ 4~ ~ ,. ST~T~ O>= FLORID~#, r p4~~ , ~~ - ~-f vY .... .,LLfY 3~~ S-E t 41 '~ 1~ li -- 4- \ Y" ~L ~Y-S F; ~' L [ - € 1 , I~F.~~"AR~~N~'. O£~ BUS~N~~~ AID ~?RO~~~SSr2QI~AL .,•RE~U;L;A~•IOf~f _ =.t~~~ •'~;,,~~'~ ,i~~ON`~~t~U~`i'sT9~l I{~D~~~'RY L~CE~~~-Na B4'A~D ~I~~~F~(3$a~.0~:6003.4=9 1 Q'=`>•~. €-/~2~0~0 8 ,~2a0'.4~0;.0 0.050r~ri~~; CG40,6 9 3, ~ ~ ,,µ ~~~' u ~ i Ei, t h wig -\~r - $ - i'Yl -. a,ri ~ ~ - - Z`7'~If1GLZ'+h~JE~~SY~`.C~~r31~ }~'-P~J:~'~~ p? ~i `>~ a ~,,#~~ ~ - Uz7d~'~= ~~~:~' P~bv~~~ons ~~" Cho"" {' a$. ~ ~~'~' F~~~t ~ ~~ Exp~rat;zon Babe: .A~UG 31:, 2~OI0~~ _~~,'~ ~'~ -f - 'ICI ~p rQ : T+~ T ~j~~ a ~- sri4T~ - ~'~i~F~ f ~c r~~i_ ~ t- ~-h `Y~~}~i Ai7 ,fir `~;s.~ -,~~>-y.. ~r{rKC~~~~~~'f ~'~~t~r5~s~f5,1' A~~~- MON~~~ 1?R` . ,ier ` ,, jt~,ii' `~ _- -~ Cllr,{~L~T. fr~~~~;T kpt r ~'{- - Y - - ~ . ' _ 1~lSf'LA'~'~P,S R~QtJ1R~D`8!Y LAIN' ~'H~R~~:~ sW, ,.., DRAEGO SE C R E7_`T1'~~R Y o~~'~~~a STATF OF FLORIDA ~- ~. &~ '~ DEPARTMENT OF BUSYNESS ANI7 PROFESSTONAL REGULATTON h ~~ ~_'~ ~' , ` r ~` ~~"-~°~ ~04NSTRQCTHON TNDUSTRY LTCENS~NG $4ARD ~r~o~~=~ TALLOAHASSEEM(3NROE STR~~T323g9-x783 DTGTACOMO, MTCHAEL H & I) CONSTRUCTT©N CO TNC 9773 SW SANTA MONTCA DR i?AI,M CTTY FL 3990 Cangratulations! With this license you become one o(the nearly one nullion Floridians licensed by the Department of Business and Professional Regulation. Qur professionals and businesses range from architocts to yacht brokers, from boxers to barbeque restaurants, and they koep f=iQrida's economy sarong. Every clay we work to improve the way we do business fn order to serve you better. For information about our services, please lag onto www.myflorldalicense.corri. There you can find rnore information about our divisions and the regulations tha# impact you, subscribe to department newsletters and learn more al3aut the Department's Initiatives. Our mission at the 17epartment is: l.ieense Efficiently, Regulate Fairly. iNo constantly strive to serve you fritter so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new Ifcensel car `~~~~t~~:I. o_~I22/~o-os }4~a_~. The VNDER~I~OUNI~' tVa~rned be~:~t,r ~S~ t (850} 487-1395 S7A'T£ OF t=l:OrtIDA A~~ ~ ~ ~•~ j D;~PAR.~'ME~i'~ OF ~SUBSN`>a~$ ANA ',.~... k?ROF~:~ ~ TQ~{,~1I.~ 'F2•EGULAT~C>I`~' GUC 12 2 3 7~~-:8•. '~,~$s/ 2~2~if~~$ i}-8:(3.0~2 5`34 ~k ~F~2~' C~ND~E~~~L+~I;~~? ,&; ~~~y~A'~T CN~R n.~~ZACPt~fO~,,.~M;T~~,I~~I~~ 3, y~; ~S C~RtF~FIED under the previsions of Ch.•483 FS sxylration dat~~ AVC3. 31~ 2p?10 ~~~0808.2~2-0~1-~58'S r DE~'AOH HERE 13~P:~,FZTi~1~N+`~ C~~'~ ~U~ZN~L;b~~, A~l~ ~?~0~'ESS7 CQNS~I~UC`~1'Q1~~~;I~7~~~~TRX L:Z-CEI~ti ~~ ~~ ~~ ~rr~~.?..; t ~.• . ~4~3°' ;r# g; t <xrt, . Under the pr.ov~s~rons o~,~' c.1~~pte `S ~? Fig ~xpa,xatiazs. date. AUG 3'-~, 2~TQ ~`~_`~~~t~ ~~``. - ~-: ~ rp{{33 ' '9~~~YlE~ ~~ ~ ~ I,7TGTACOMO f i~TCIIAi;~~ = .. ,~ P ` - y a~ ti , H & D CONST;RUCTTOIy tip , , ~ ~.~~ K:~, .era -• 9 7 7 3 Stet SANTA MONT bA~ 1 _ ID;R ~ '"~~ ' PALM GTTX .:". ~`L• 3 4._9.~ ~ ;. w CHAR<LTE C~RTS~' r '~r ' -<.' " ©IS~~A~ A~ FZC~C2UIRED~81' f_AV'~ )=2`E~tFLA~TTON BOARD S~Q# CH~A..RI,~ES t9T. 'n~~A~O ~~~~ ~~~'~sw~, STATE OF F~.ORfDA ~~` YS-{ - `a~ DEPARTMENT CaF BUSTNES~ AND PROF.~~,STPNAL R~E~ULAT:CON ten' r ;° CONSTRUCTION INDUSTRY Z,~'~ENS~NC BQARD (~ 5 a ~ ~ 8 7 ~~~~~ 194Q NORTH MpNRpE ~TRE~T TALLAH.AS~EE FIB 323940783 H £~ I7 CONSTRUCTION C4 ANC 9773 SW. SANTA M4N~CA DR PALM G`rTY FZ, 34994 '- Y _ .. f D~TAC!-i H~R~ A C~'.: .~ -,.:r,.. ., :.. s~. ;! _; ~-;. ~~ •~t ,, MEMORANDUM TO: Mayor and City Commissioners FROM: Begona Krane, Engineering Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 8.0.2 -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 CONTRACT AWARDBRANG CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission for bid award and authorization for the Mayor to execute the contract with Brang Construction, Incorporated for the construction of Old Germantown Rd. sidewalk improvements. The cost of this contract is $137,065. BACKGROUND The City of Delray Beach received a grant from the Florida Department of Transportation (FDOT) to install new sidewalk along the north side of Old Germantown Rd. between Linton Blvd. and Homewood Blvd. FDOT, through a Joint Participation Agreement will reimburse the City 50% of the construction cost. The scope of work for this project includes clearing and grubbing, construction of concrete sidewalk, and construction of new swales. The apparent low bidder, Devland Site, had a number of errors in their submitted bid: 1. Mobilization bid was 7.2% of the total bid, which exceeds the maximum percentage of 5% 2. The correct bid sheet from addendum #2 was used but addendum #2 was not acknowledged 3. A Bid Bond was submitted but the City's required Bid Bond form was not used 4. No bid was submitted for the Fire Hydrant bid item 5. The unit price bid for 4" thick sidewalk that is far below current industry standard indicating an unbalanced bid proposal. In addition, representative project experience provide by Devland Site indicates little or no sidewalk/concrete work, reflecting a predominance of dredging, trucking and hauling experience. Based on the foregoing, staff considers Devland Site's bid nonresponsive and is recommending award of this contract to Brang Construction, the second low bidder. Brang Construction has previous project experience with the City and has performed satisfactorily. Their bid proposal reflects more than adequate experience with projects of similar scope and magnitude to the Germantown Road Sidewalk project. The difference in bid amount between the Devland Site and Brang Construction is $15,340.54. Attachments include the bid tab and a location map. FUNDING SOURCE Funding is available from 334-3162-541-68.34 RECOMMENDATION Staff recommends approval of the contract award to Brang Construction Incorporated for the Old Germantown Rd. Sidewalk project. ~I ~ti r~ V1 i-~1 J~~-1I i--I ~. _O 'd `W^ W `~ W N O z U O ~. H 'd G ~ f ~, ~ m ~ ~ m ~ ~ ~ ~ ~ - - ~ - _%~_ ~ ~ m ~ m ~ ~; ~, G i in m _ v v ~ m w _ m _ v in _ in v in v _ m v v Fy n ~ ~ °m w n n _ _ - _ i - ui m v ~ in in v m v in ° v ~ m in ~ m ~ G C f V m o ~ ~ ~ Cl _ _ 0 0 0 _ _ ~ N m o o ~ ~ V ti - m ~ EA _ _ C ~ ~ _ ~ _ N ~ o _ ~ ~ N ~ Fy _ ~ _ ~ ~ _ _ ~L C ~ - ~ 0 N 0 0 N ~ 0~ o n ~ C - _ f ~ M m a ~ N ~ a a ~ ~ ~ _ s -_ ' i- ~ _ ~ ~, a _ f a s - _f J vi ~ a ~ a a ~ a ~ ~ ~ ¢ W ¢ W v; a v; a v; a v; a v; a 3 3 F= y o ~ S x ~ 3 3 _ ~ V V G _ ; " ~ ~ o o ¢ ¢ 3 ~ ~ o = ~ ° c o ~ ~ - - - 3 ¢ K~ „ c j a ~ > - PROPOSAL Proposal of !. f! ~. ~ (Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: OLD GERMANTOWN ROAD SIDEWALK IMPROVEMENTS City of Delray Beach Project No. 2006.Ofi6 Bid No. 2009-29 To: Purchasing Officer City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33}44 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Rgreernent with the CITY in the form included in the Contract Documents to complete elf Work as specified or indicated in the Contract Documents far the Contract Price and within the Contract Time indicated . in this Bid and in accordance with the Contract Documents: 2. Bidder accepts all of the terms and conditions of the instructions to Bidders, including without limitation Chase dealing with the disposition of Bid Security. This Bid will remain open for sixty t60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, Insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER`S Notice of Tentative Award. if Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a, Bidder has examined copies of ail the Contract Documents and of the following addenda: Number Date Number Date receipt of a!i of which is hereby acknowledged and also copies of the Advertisement for Bids and the Ins#ructions to Bidders; --} `~ P-i b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regale#inns) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. Bidder warrants and represents that there are nv defects, errors or incansistencles in the plans, specifications or any of the Contract IJacuments and that the actual site conditions comport to the conditions set forth therein, c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corpora#ian and is na# submitted in conformity with any agreement or rules of any group, association, organization ar corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has net solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sough# by collusion to obtain for himself any advan#age over any other Bidder or over the CITY; no City official nor any City employee has a direct or indirect interested in said bid, in the supplies or want to which it relates, to any person associated with the firm performing the work, or to the profits resulting from the work. [remainder of page intentionally left blank] R2 CORPORATE ACKNOWLEDGEMENT STATE OF !' COUNTY 01= ~ The fore oing instr ment was acknowledged before me this ;~, day of by (name of officer ar agent, title of officer or agent), of 1~~ ~ (name of corporation acknowledging), a (state or place of incorporation) eorporat~ n be f the por tion. ~IShe is (personally known tome) (or has produced identifieation)~ ~f 2~'' (#ype of identification). Si attire and Stamp ary Public ACKNOWLEDGMENT IF PRINCIPAL lS AN INDIVIDUAL STATE OF ~LDRt DA, COUNTY OF f'A~M. ~3~Ac~1 The foregoing instrument was acknowledged before me this $T day of 1~Q Rt L ,~ abp by , F-bit l~tJ't~ L~~U i=l~t7k ,_„ {name of person acknowledged), who is personally known to me or has produced i~t. D t- tSS , ~-CS-bS EXP 3-t`7.-t1 (type of identification) as identification. Q-~ ign tune and Stamp o ~ry Public ~ ~~ -~ ° ~~ - I~ABRIEIA D. GERMAN =~ . *~ Notary~He - S~aie of Florida My Commltslan Exp. Auq. 2t3, 212 =~•,~~: P, Conrmisslon # Of]7965~5 y~•~~ ~~ Bonded gy Netlanal Notary Assn. 1 A-10 a ~ o fl O ~ O o tl °o O a tl ° ~ ILi Q ~i ui Y ui nl VC 4 f ~ ` J Y` ~ ~ ~ ~ ~ ~ ~ ~ 1,I W V ~ Q fl o ~ cz o o °a, ~ Q. e`Q. kn °n A °o O °o O °o o p ~ {Vi 69 Vi 64 V! 69 ~D O v ~ 111 i3 ~ ~ ~ ~ ~ ~ v ~ a ~ .4 h 1 `1 y ~ ~ ~ ~ es c o ~ N .~ ~~ ~ ~ N Gi ro - ~ F -~ d 41 p ~ ~ ~ F - m ~ A = ~ ~ ~ R .~ a 77 U ~ a O p C R~ U S-' i,_ O O gz C d U C u" -- b 0 az C d V C i~ o p az C y U O ~ I- - p 0 n2 C 01 U d 1- O 0 nz U U ~~ r ~ a vi vi vi vi vi vi ",] W J ,...1 J .-~ J J N ill ~ S= ~ ~ LA ~ ~ ~ ~ C C in o " a `' o ~ ~ ~ ~ a~ r m ~ ~ ~ ~' ~ ~ ~ ~ ~ U ~ '~ r~ o ~ ~ ~ ~s O ~ ~ ~ _ Q O ~ ~ ~ «. Q r Q r ( ~ ~ a ¢ o ~ ~ [n ~ G7 ~ ~ ~ d ~ o ~ c ~t~ii ~ W a a~ ~' ~ m ~ a ~ ~ Q ~' Q ~" tr ~ ~ .~ ~ ~ ~ 5 O ~ ]- CC7 ~ ~ F 03 SF W O N M = p~ ~ ~ .~- N c? u L L"d £9b60t~ 699 Xf~b'~ft~a ~9b~ 6 6 80 8Z .rdy 0 ~~ ~~ ~R Q w U S. a h '~ a G 1 }• i ~~ ~ ~ ~ [1 a cn ~ c ~ .a LL. w n w ~ `~ ~ Q ~ 7 ` Z [J3 ~ Q O .U.. '~ Cq ' N- ~ « .. A 3 ~ d m ~ ~ ~- 'Q U ~I~ ~! s .Z ,~ .~ ~~ J C a U r °a v .J J u ~ ~ U ~ ~ O ~ j (,7 93~ Q) ~ ~ y ~ ~ C lfi i [~3 .~ ro W m ~., ~ U tY cn d a~ '~: ~` ~ ~ \ Y) l ~\ 1 a ~ ~ ,~ I~ ~ ~ ~/ lri c~ a ~ o° u ,~ nevr '~w N Y M u: ~ ¢ vi v~ i f ui e se ~ _ m ~ ~ a ~~ ~ x 0 C7 ~ ~ N Q N 7 ~d1 {p Y C_ {R ~ (y ,U /~ ~ ~' C G1 ~( ~ ~ ~ i } ZS ~ tr f1J -p f ~n ! ao f /// c~ M 4 0. 0~'d ~9~6(~b~ 695 Xflb'311~a ~9b~ 6 ~ 6D SZ add 5, Bidder agrees that the Work will be substantially completed within ~45 calendar days after the date when the Contract Time commences to run, and completed within 15 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The undersigned agrees as follows: Accompanying Phis Proposal is a certified check, cashier's check or bid bond (5% of total Bid Price) meeting the requirements of the Contract Documents for $,~~C~s(~7 __ payable to the City of Delray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shah fail to execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; alherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. 7. Communications concerning this Bid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction __ __ ._ Cor~~acf included as pari~oft~e Contract Documents have the meanings assigned to them in the General Conditions. Submitted on d t~ a.) (If a corporation) Signature of Bidder Corporate 5eai By: 1 ~' ~~ Print Name: ~~'~~- Address of Bidder: ~ 3 ~` ~-- ~ ... ~ ~ ~ , incorporated under the laws of the State of b.) (If an individual, partnership, or non-incorporated arganizatian) Signature of Bidder By: Print Name: Address of Bidder: c.) Certificate of Competency number ~ ~" ~ P-d d.j The names of the corporate officers, or partners, or individuals doing business under #rade name, is as follows: Signature f fdder ,/ 8y~ it° Z" Print lame: ~ . ' Title:, Ili t~ ._?~? S1 elr.,,~ Business Address: a'~T n' Incorporated under the laws of the State of ~~/~ar~ ~~ _ -__ _. . - _- [Remainder of-this page left-blank inten~lonally] _.. __ .__ P-5 CERTIi=KATE (if Corporation) STATE OE FLORIpA } } SS COUNTY OF~~~:}~~-- ' E HB-Y- CERTIFY #hat a meeting of the Board of Directors of ~ ~ ~~ 1~ , a corporation under the laws of the State af~c~~ =,~~c~,~ hefd on f % ~ /,~ .- ,, 2t~'the following resolution was duly passed and adapted: "RESOt,VED", that ~~~..:..~s~.~~~~~_o~;w:~ ~_ , as'~~,~-c~.~~:~---_--__ofthe Corporation, be and he is hereby authorized to execute the Proposal dated h,~~, ~ _:~~ 20C~ between the City of Defray Beach, Florida and this Corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed! shall be the official act and deed of this Corporation". ! further certify that said resolution is now in full force and effect. iGd WITNESS WHEREOF, I ha~+e hereunto set my hand this ~~~_ day of _~:=, \ --_ - - - - __- , 2Q~ _.... . _._. ---- -- _ - B +~.r ,~ - ~f ..... _ _ __. P~ir~t' ame• c}~ ~/~~~ Title: z~ to~8~~~'` Subscribed and sworn to before `~ . day of - , 2Q~-~ ~•~..~ Signature a amp of Notary Public My Commission xpires: ,,,,,,,,„Il.l,,,,, .,~1` ~ nice ~~. c^ -~~~` ©~Al~ Us~~ rJ _- f:ly Comm. $xpires `~ - Jarvary 26, 21113 i - - No. O©854976 ! ,,l i '''~. F OF F~.O ,,l`, !+«!!!Il3i1[if1111Y P-6 NON-COLLUSIVE AFFIDAVIT STATE OF FLOR[DA } ~/ { }SS CiOUNT t O~~Y,~~c\ r~ 't-_.~~,w ~ ,_,~c~ "~`~cs~~ ~c~f. ~~l~Zl. _,__ being first duly sworn, deposes and says that: (1) He is the ~~~:~~c~.c~_~-,~.- (Owner, Partner, Officer, Representative or Agent) (2) He is fully informed respecting the preparation and contents of the attached Bid and of ail pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is na# a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affidavit, have in any way coi[uded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person fo submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been _ .._ .. submitted; or to_refrain from bidding in connection with such Contract; or have in any manner,, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, firm, or person #o fix the price or prices in the at#ached Bid oe any other Bidder, or to fix any overhead, profit, or cast element of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; (5} The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreemen# on the part oft e Bidd~~-or any other of its agents, representatives, owners, employees or pa 'e n inter s ~ clu i{tig fh s affidavit. Prin rye- ~/~~f ~~~~' Subscribed and sworn to before iday of , 20~,C~ 1,,,,,,,,,,~f,,,,,,,, Signatur an tamp of Notary Public °~~P'~ ~coUS'-, fVly Com issio Expires: ~~~ h. , • ~- ~ i• i:ty comm. Expires ~ Jae~uary 26, 2b13 i _ No.OB&54976 ; f _ f `'ffff if111141,ij4,1`1 ~~~ DRUG FREE WORICPLACI= CE=RTIFICATION IDENTICAL TiE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented adrug-free workplace program shall be given preference in the award process. l^stablished procedures for processing tie bids will be followed if none of the tied vendors have adrug-free workplace program {Florida Statutes Section 287.087). In order to have adrug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession,. or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. inform employees about the dangers of drug abuse in the workplace, the business's policy of main#aining adrug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy ofithe statement specified in subsection (9). 4. In the statement specified in subsection {1), notify the employees that, as a condition of working on the commodities or contractual services That are under bid, the employee will abide by the terms of ttie statement and will notify the employer of any conviction of, or plea of guilty or Hole contenders to, any violation of Chap#er 893 ar of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five {5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain adrug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm~_c~ plies fully with the above requirements, ~~ / ~ ~1 ~ Sign rint or type) P-9 TRt;NCH SAFETY ACT Florida Statutes Section 553.6© et seq. "Trench Safety Act" Compliance Bidder acknowledges #hat the Florida Trench Safety Act, Section 553.60 a#. sec ., which became effective Dc#ober 1, '1990, shall be in effec# during the period of construction of the prajec#. The Bidder by signing and submitting the bid is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards. The Bidder further identifies the fallowing separate Item of cost of compliance with the applicable trench safety standards as well as the method of compliance. Method of Compliance as Bidder acknowledges that this cos# is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declared non-responsive. The Bidder is, and the Owner and Engineer are no#, responsible to review or assess City's safety precautions, programs or costs, or the means, methods, techniques or technique_ adequacy,__ rea- sonableness of cost, sequences or procedures of any safety precaution, program or cast, including but not limited to, compliance with any and al! requirements of Florida Statute Section 553.60 et. seJr.,. cited as the °Trench Safety Act". Bidder is, and the City and Engineer are net, responsible to determine if any safety ar safety related standards apply to the project, including, but not limited ta, the "Trench Safety Act". P-10 INFORMATION REQUIRED OF BEDbf=R 81DDER'S GENERAL 1NFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non- responsive and may cause its rejection. Additional sheets shah be attached as required. ~"!) ~z) (3j t~) t~) CONTRACTOR'S telephone number: _____ ___~_~a~ j.~ S~l~z=~~G~ Number of years as a CONTRACTOR in #his type of work: __ ._E~~~ .~ tB) Principal Materials Manufactures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding page(sj has been calculated and tabulated using basic material prices. The fiallowing is a list afi material manufactures and subcontractors whose materials and services said CONTRACTOR propose #o furnish and utilize if the awarded a CONTRACT for the work specified herein and shown on the Plans. It is understood that the following lisf is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project, It is also understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes to substitu#e materials or subcontractors he shall request permission in writing from the Ci#y s#ating fully the reason for making such a request prior to ordering same. P-14 Name, address, and telephone number of surety company and agent who wilt provide the r~?naiirPCi hnnr3s nn fhis c:nnfrarf~ All 6f said manufactures or their authorized vendors have been made aware of ail the appropriate portions of the Contract Documents and agree that their materials will meet ail of the requirements stated therein and that deliveries will be scheduled so as not to impede the progress of the work, Materials: Manufacturer Subcontractors: Name Duties Signature f dder Pr ~ me: ~U P-i S QtJESTiONNAIRE The undersigned guarantees the truth and accuracy of all s#atements and answers herein contained. 1, .. ~.._~iow many years has your organization been in business in the State of Florida as a Contractor? ..... _..w 2. What is the last project of #his nature that you have completed? ~~~~~~~.~~ ~~~~ 3. Have you ever failed to complete work awarded to you: If so where and why? ~~j ~}. Name three individual(s~ or corporations far which younhave performed work and to which you refer? ~.~~r~ t~~ 1~~C~ts~r~~i ~ Gt~y .r-~-~c~ -- -._.. 5. List the following information concerning all contracts on hand as of the date of submission ofi this proposal, {In case of co-venture, list the information of all co-venturers), TOTAL CONTRACTED °/a0F NAME OF ~ CONTRACT DATE101= COMPLETION PRO,lECT OWNER VAt_tJE COMPLETION TO DATE (Continue list on insert sheet, if needed) 6. Move you personally inspected the proposed work and have you a complete plan for its performance? ' ~~~ 7. W{~ill you suble# any part of this work? if so, give details. 1~v~~.R t~C~t~f-~~ ~~~ft1i~ 1 ~ t WL~ !l0 8. What equipment do you own That is available for the work? (Attach additional sheets as necessary) C~~`~~P` ~,~ ;-~- ~-~ P-16 8. What equipment wi[I you purchase for the proposed work? (~c) 10. What equipment will you rent for the proposed work? ~~ State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the Warne afi the President and Secretary. if a partnership, state the names of all partners. if a trade name, state the names of the business under the trade name. It is absolutely necessary that this informs#ion be furnished). -~ - -.. _ _ - --- Correct tame of Bidder -.. __. -.... - -- -- - a} The business is a (Sole Proprietorship) (Partnership (CorporatioE I;~D~ rn S-~re~~ b) The address of principal place of business is / ~-~ c) The names of the corporate officers or partners, or individuals doing business under a trade name, IS a5 foiioWS: Signatur .~s idder ~~ By: Prin ~ e: ' ~ ' Business Address: _ ' .Lr~f,- ,~l/f~G~ Incorporated under the laws of the State of ~ P-17 ADDENDUM NO. '1 TO CONTRACT DOCUMENTS For The OLD GERMANTOWN SIDEWALK IMPROVEMENTS CITY OF DELRAY BEACH PROJECT N0.2006-066 BID No. 2p09-29 April 95,2009 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals far the above-referenced project shall take note of the following changes, additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a park of and have precedence over anything shown ar described otherwise. NOTE; Bidders must acknowledge Receipt of this Addendum by: 1. On Page P-1 write "No. 1, D4/151D9" 2. On Page A-7, Part 10.20 write "1 to 1" 3. Write the words "Addendum No. 1" on the exterior of the envelope in which the bids are submitted Sincerely Yours, Begona Krone Designer. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO (561j 213-7166 AS SOON AS PO ~~~~~~ ~~ PI n holder -----~~ ~-_ ~. Date Addendum No.01 AD©ENQUI'Vf NO. Z To CONTRACT DOCEJMENTS For The OLD CERMANTOWN SI[?EWALK IMPROVEMENTS CITY OF 17ELRAY BEACH PROJECT NO. 2005-066 8[D No. xOQ9-29 April 2p,2049 TO ALL BIDDERS Ai~f7 ETHERS CONCERNED Contractors subrrtitting proposals for the above-referenced project shall take note of the fallowing changes, additions, deletions clarificatians, etc,, to the Plans ar-d Specil'ica#ions which in accordance with the Contract Documents sl~ali become a part of and have precedence over anyfhing shown ar described otherwise. NOTE: Bidders must aaknawledge Receipt of this Addendum l}y_ 'I. On Page P-1 write "No. 2, 04120109" 2. On Page A-7, Part 10.20 write u2 to 2" 3. Write the words "Addendum Na. 2" on the exterior of the envelope in which the bids are submitted Sincerely Yours, Begor~a Krane Designer. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 BY SIGNING BELOW AND FAXING BACK TO (~61) 243-7166 AS SOON AS POSSIBLE. Plan ho! er .r ./ ~~- ~~ ~ D~t~ ~ ~~ ~9~00~ G~ xna~n~a ~£~,: ~ ~ so gz ~~y 'I'HE ANIEIZICAN INS'I'I"I'UTE OF ARCI-II'I'ECTS Band # BB200900001-19~ .; i tj3) ' ! ~ ~' ~~ I3ID BOND itNOW f1[.I., :l1~\ 13k' TI-i1:S~ I'Ii',I'sSCNTS, tllatt tt-+: 1302 Wingfield Street, Lake Worth, FL 33460 als Yeinripal, Itcl'ti€tall`ttr r<lllt(i tilt 1'rilttiptlE, attl(I Devland Site Development, Inc. (Ilcru invert 17[11 name anal aJ+lress+rfl.•~.,1 Eil[c ul~t`unsraclur} Commercial Insurance Alliance, A Reciprocal insurance Company 9309-3 Old Kings Road South, Jacksonville, FL 3225B tl ictt't~~)t'itiittlt citliy c31'p,;ttti'/.+,:ct ttn~It;t• fEti; ltltiv5 c~l•E1~c St;ttc; c~l• Florida a1S StlrGtl'. 1lCl'L`in;1fIC1• CiEIIc(I tliC SurCl~ , iECL' 11C1CI t1'L t~l€'ll1l}' I70UEld t11ltC) City of Delray Beach 1(~ ~t 1st Avaa.~ T~1ray Imo, '~ ~~~ (llerr irtscrl full u:+tttc+,r lcgnl title nFt)ctincrl <ts iJEliEtiec, ]lcrcillatl'ttr t:llltli till' Uhl]F;L't, ili tht sultl (lf tight Thousand (S8,tH10,E10) 1)ullatra Ibr tht I)als'lllent uI'tit'Itich sort[ tt'tll atlt(I truly' to br Itllult, tht sand Principal tllttl [Etc siliti Steer#~~, I)ittti Utlestit•cs, usn' Itcis•s, tstctllul's, .1(intiniste;tturs, sucCtssut's ~tltci alssi~,Its,,Initltlr• alld settealllt', Iir1t1l~' ht• [hest; I)1'cstllts, ~~'IiI;R11AS, tl)t priltciftaE hats cullntitttd a I)itE fol. _ Old Germantown Road Sidevralk Improvements ~~t~ ~.' ~_~ tl lcrc itatcrl titll rratrte. a~lclress and dezcripliutt ul't+r+,iett) I~EU~~t, 1'Iil:ttt?I'Oltls', ll tElt Oi)Il~;l'L' x11.[11 alCl'CEH tilt I}ltl Uf tltl I~t'lllCl])itI atntl [Ell Ijl'Inlll)ali sllAEl L'E€ICi' nlt(i at CUtltt'€itI tt'ltll [Ell' Qt)1i~+1,1'l' i[t aICL'UI'Ciellll'C tt'Itll thl [1'['1115 Ui noel[ t]itl, alll(i ~lt'l' Silt:li I)UnEi U1' t)V11E11 aES llt<ll' UL spccliktd 111 tht t)id(linl; or Culttl'lttf 1)utuultrtts tsitlt ~uu(I alul sufl'icitllE surety for ills Iilitltt'ul ptrl'ot•Ittautcc of such Cullteilrt itlltl I'ur tttc pl•lllllpt piE!'Itttllt Of lilttUl' llEl(i ]ltalttl'lill I(leltixhe(E Elt the pecssectl#iult tlttrtuf, UI' Ell tI1C l't'tttt uftht f;ulurt UI t1lC P1'itil'iE}itI t(} tllttt' \tlCil CfllEE1':ll't akti(I ~+,it'L' SE1C11 13UIlCI UE' k)un(Is, !f tits 1't'illl'il)all si171IE pilti" tU the Ot)Iif;cc ti14 EIEI•fl'1'tlll'E' nUt tV C'~CCI`fl tht I)i'Itltitl' ill'E'l'Vf ilCttt'tCn Elle ilnl0tlllt SI)tetltC(1 Itl Solid t)i(i it 11 ({ 1l1Cit lilt'~;L`1' illltVlEt11 lilt' lt'hiel) thl Ohli;;te ltlatt' ilt ;;(111(1 falllll l'UEttl'<tt't ti'itlt alEt!)tltl'1' E)lti'tY tV lll't'litt'lll t13L' 1~[Vt'Ei CUt'l'I'L'Ei il)' Satl(i l)itl, [111'11 Eill~ Vl)Elrttti0il sll;lil tlt loll] illt(1 t'VE(E~ Vthlt'tt'ttiC tU 1't;nltlill ill fltEl IUl'Ct altE{i lffLt't, Sid;^rti anti at'atlcd this 24th dllr' tlf 13Y; 11'iutcss Carl Deveaux, Uee President -t~ 11'ilncss II'rintccl \atnc t'1-illc) ~_~~ ~ ~ /! Scat) tarry E. Haynes, Attorney-irl-Fact (1'rinial Nansr ~ti'1'illcl st ltl I)OC11117E~1'I' ti3 it) -13!1) 1301ti1) - A1~1 - I+'t;13ttUrtltY 1~7tt l; l) Reference Fond#BB200900001-195 ~ ~~~~~~ COMMERCIAL INSURANCE ALLTANCE, ~ ~Ei ~~~~ ~"`~ POWER OF ATTORNEY A RECTPROCAL. INSURANCIr COMPANY ~ KNOiV ALL MEN B'Y THESE PRESENTS, that Commercial Insurance Alliance, a Reciprocal Insurance Company ("Company"), through its Attorney-in-fact Briarwood Management, LLC ("Briarwood"), a duly authorized Florida Limited Liability Company, does hereby appoint Larry L, Haynes its true and lawful Attorney-in-Fact to make, execute, sea! and deliver on its benefit as surety any and all bonds and undertakings of suretyship and other documents that the ordinary course of surety business may require. Such bonds and undertakings when duty executed by the aforesaid Attorney-in-Fact shall be binding upon the Company as fatly and to the same extent as if such bonds and undertakings were signed by the President and sealed with its corporate sea{. This Power of Attorney is issued pursuant to and by authority of the following resolution of the Board of Managers of Briarwood, on behalf of Commercial Insurance Alliance, a Reciprocal Insurance Company adopted eIJ'ective June 15.2006 and now in full force and effect; RESOLVED that the President may appoint other officers of the Company or agents of the Company to act as its ]awful Attorney-in-Fact in any State, Territory or Federal District to represent this Company and to act an its behalf within the scope of the authority granted to them in writing, which authority may inctude the power to make, execute, seal and deliver on behalf of this Company as surety, and as its act and deed, any and al] bonds and undertakings of suretyship and such other documents as are required in the ordinary course of surety business; and the Secretary or any Officer ofthe Company be, and that each or any of than is, authorized to verify any affidavit or other statement relating to the foregoing and to any resolutions adopted by its Board of Managers; and that any such Attorney-in-Fact my he removed and the authority so granted may be revoked by the President or by the Board of Managers. INWITNESS WHEREOF, the Company has caused this Power of Attorney to be signed and its corporate seal to be affixed by its authorized Officer This 24'h day of April, 2009. Attest Commercial Insurance Alliance, a Reciprocal Insurance Company through Briar,~ea anagement, LLC its Atto ey-' -F Larry E, yes, Presi ent State of Florida County of Duval ©n this 24`h day of April, 2009, before me, a Notary Public of the State and County aforesaid residing therein, duly commissioned and sworn, personally came the above named officer of the Company who being by me first duly sworn according to taw, did depose and say that he is the otfiee of the Company described in and which executed the foregoing instrument; that he knows the seat of the Company; that the seal affixed to such instrument is the corporate seal of the Company; and that the corporate seal and his signature as such officer were affixed and subscribed to the said instrument by order of the Board of Managers). ~ ~ _ ~ i~ ~ ~~ ES Notary Publi e~~dlY plftltiG, State of F'f©rida ~~ comrn. exp. Nev. f 7, 2Q1 f My commission expires~0~~~~_7~~~I~ RESOLVED, that the use of a printed facsimile of the corporate seal of the Company and of the signature of an Officer of the Company on any certification of the correctness of a copy of an instrument executed by the President pursuant to the Board Resolution dated June. 15 2006, appointing and authorizing an Attorney-in-Fact to execute in the name of and on behalf of the Company, surety bonds, undertakings and other instruments, steal[ have the same effect as if such seal and such signature had bean manually affixed and made, is hereby authorized and approved. IN WiTNGSS IVHEREOF, i have hereunto set my hand and affixed the corporate seat of the Company to these presents 24`h day of April, 2009. ~~ ~~ Larry E. Haynes, P sident ~P.G~GCf/f'GGti ~C~P 1302 Win~eid Street Lake Worth, Florida 33460 Phone (561) S$5-63711 Fax (561) 732-11106 Devland6370~?a aol. com Re: Letter of Intj•oduction To Whom it May Concern: Devland Site located at .1302 Winfield St~•eet in Lake Worth, Florida is a corporation organized under the laws of the State of Florida. The owners, Edmund Deveaux and Carl Deveaux have been in the heavy construction industry for over 2S years and specialize in excavation, demolition, demucking, mechanical harvesting, lake restoration, dredging, drainage, hurricane and disaster cleanup, beach restoration, paving c~ utilities and various other types of earthwork. Our farms otivns an extensive list of heavy equipment which includes loaders, dozers, bobcats, rollers, draglines, and excavators and have approximately 100 dump trucks at our disposal, if needed, ranging frorn 22 -100 cubic yard capacities. We are qualified to handle disaster recovery and have obtained and completed this scope for over two years after Hurricane's Fi•anees, Jeanne and Wilma for the City of Lake Worth. Our firm is a certified Black Minority SBE/MBE firm with Broward County, Palm Beach County, The Broward County School Board and The Palm Beach County School Board. and have completed projects such as libraries, police and court house facilities, aquatic centers, schools, shopping plazas, multi family developments, single family developments, hospitals, YA Hospitals, roadways improvements, churches, and banks. Our frrm is interested in submitting a proposal to your company and we ask that you take our letter of introduction into "Strong" consideration. Please feel free to contact our office and speak with one of the firms offacer•s personally. Sincerely, ~~~ ~12t~ ~~~l~ix Devland Site ED/ad DEVLAND SITE CONTRACTORICLIENT LIS COMPLETED PROJECTS CLIENTS: PFIONE NO: CONTACT: ~~ +~ ~ 1.) Craig A. Smith & Assoc, (561) 791-9280 ~ ray Beaton ~' 11101 South Crown Way, Suite 1 -- . ~ ' • ; Wellington, Fl. 3314 ~ -~ Scope: Taylor Creek Canal DredginglLake Okeechobee/Okeechobee County {Value: $845.000.001 completed 12/30!2007) --~ 2.) City of Lake Worth {561) 586-1720 ~ ~' Michael l 1749 3~ Avenue South Lake Worth, Fl. 33460 . Scope: Hurricane debris removal. Hurricanes Deanne, Frances, & ~Ti7ilma. (Value: $945,000.00 -completed 01115!2006) 3.) Creek-Bay Development, Inc. (561- 620-7855 ~ Jeff Kricl ~~ 102 N.E. Second Street #359 Boca Raton, Fl. 33432 ` Scope: Single Family Dwellings -Sitework 1 Building pads - (Value: 125,000.001 complete 04114/2008) 4.) Professional Construction Group {770) 956-7886 Phillip,Powell 2060 Franklin Way Marietta, Ga. 30067 ~ ' Scope: Commerce Bank -University Drive & Coral Springs I -Sitework (Value: $775,040.00 -completed 02115/2008) S.} C.C. S.S. (561) 482-4799 Gilles Courchene 601 N. Congress Ave. Delray Beach, Fl. 33445 Scope: Commerce Center -Sitework (Value: $475,000.04 !completed 8/15/2005) Note: All projects were completed at 100% by our ovm work forces except far hurricane recovery (#2) where Devland used additional subcontractors for 20% of the yvorl~orce. DEVLAND SITE CONTRACTOR/CLIENT LIST PROJECTS IN PROGRESS 1.} City ofBelle Glade (561) 684-3375 Boyle Engineering 2090 PBLakes Blvd., #600 West PalmBeach, Fl. 33409 Scope: Belle Glade Marina -Sediment Removal (Value: 500,000.00) Scheduled completion 03-30-2009 2.) City of Delray Beach (561) 243-7130 Delray Beach, Fl. ' Scope: Hauling of Lime Sludge (Value: X175,000.00) Scheduled completion 12-30-2009 3.} City of Lake Worth (561) 586-17__20_ 1749 3rd Ave. South Lake Worth, Fl. 33460 Scope: Hauling of Lime Sludge . (Value: $65,000.00) Scheduled completion 04-IO-2009 Shiley Michael Brown ~ 4.) W.P.B. Housing Authority (561) 655-8530 Laurel Ro_binso_n_ 1715 Division Ave. West Palm Beach, Fl. 33407 _S.cope: Demolish 13 Buildings along Tamarind Avenue (Value: $175,000.00) Scheduled completion 04-30-2009 ~ ' DEVLAND SITE CONTRACTORICLIENT LIST COMPLETED PROJECTS 6.} Village of North Palm Beach (561) 798-7598 Chuck Huff S01 U,S. Highway One North Palm Beach, Fl. 33408 - Scope: Demolition of Anchorage Park Waste Water Treatment Facility (Value: $421,000.OOj Scheduled completion 01-IS-09 1302 Wingfield Street Lake Worth, Florida 334b0 Year Equipment 4~• 1. 1986 Peterbilt Dump Truck 1 2. 1997 Petexbilt Dump Trucks 4 3. 2000 Peterbilt Dump Trucks 2 4. 1996 Kenworth Dump Trucks 4 5. 1986 Mack -1RWC 1 6. CAT 936 1 7. Caterpillar 330 Excavator 1 8. 96bE Cat Wheel Loader 1 9. Cat 950 Wheel Loader 1 10. Cat DbH Type K Tractor 1 11. Cat D-5 Dozer 1 12. 3930 New Holland Grader 1 13. Cat 9bOF Wheel Loader 1 14. Skid Loaders 2 I5. Aquatic Harvesters / 30 yard each. 2 16. 250 Komatsu Loader 1 17, 320 Komatsu Loader 1 18. D41 Komatsu Dozer 1 19. D61 Komatsu Dozer 1 20. 200 Komatsu Excavator 1 21. 210 Link Belt Excavator 1 22. Tack Wagon 1 23. 50 Dragline 1 24. New Holland Grader 1 25. Leboy Paver 1 DEVLAND SITE Phone: Fax: EQUIPMENT LIST (Sbl} 585-6370 {Sblj 732-0106 Nate: Dump trucks 1$ - 22 yard capacity. CARL DEVEAUX 1763 Pierce Drive Lake Worth, Fl. 33460 Phone: {561) 585-6370 Fax: (561) 732-0106 RESUME Personal Information: Carl Deveaux 1763 Pierce Drive Lake Worth, Fl. 33460 Date of Birth: Social Security Number: Marital Status; March 17, 1954 xxx-xx-xxxx Married Education: Graduated Lake Worth High School -{19'12} Palm Beach Community College -Business Law {1972-1974} Palm Beach Community College - (1992-1994} Employment^ I currently hold the position of President for Devland Site my duties consist of running the day to day operations of this heavy construction company. My experience in the construction industry started back in 1984 with the purchase of a bobcat. Since that time I have acquired an extensive list of equipment and over 28 years experience and knowledge regarding land development. Our firm specializes in excavation, demolition, demucking, dredging, paving, drainage and various other types of earthwork. Interests: I am an active participant in youth activities, I have coached youth football teams far over 9 years for the City of Lake Worth and Palm Beach County. l strongly believe in taking pant in Community involvement and recently ran for the off ce of Commissioner for the City of Lake Wo~•#h. I have been an active member of the City of Lake Worth Code Enforcement Board, Nuissanee Abatement Board and Citizens on Task. EDMUND DEVEAUX 1106 South Palm Way Lake Wo~•th, Fl. 33460 (561) 585-6370 (561) 540-9463 RESUME Personal Information: Edmund Deveaux 711 South Palm Way Lake Worth, Fl. 33460 Date of Birth: Social Security Number: Marital Status: March 17, 1954 XXX-XX-XXXX Married Education: Graduated Lake Worth High School - (1972) Palm Beach Community College -Engineering (1972-1974) Em to ment: I have worked independently in the heavy construction industry for 28 years and have experience in excavation, demolition, demucking, dredging, paving, drainage and various other types of sitework, I currently hold the position of Vice-President for Devland Site and assist in the day to day operations of the company. interests: I have served as an active member in the City of Lake Worth and as President for the organization called Citizens on Task. I also have been involved in youth projects including football which I coached for 9 years and feed the hungry food drives.l strongly believe in Community involvement and recently ran for the office of City Commissioner for the City of Lake Worth. ~~R~l~I~,A`TE ~~ C~IVi~~~`ENGY ~R GUARD °, EDMUND DEVEAUX 1A PRIMARY PIPELINES -- '`~'~ DEVLAND SITE, INC. CC# 08-1 A-14839-X Ref. 20822671 Expires 8131/2010 Ctrl# 1U-12938 CE~TI~iC~T>~ O>; C~iVf~~TENCY ~i ~y`~'a~~A~~ T' ' ~: EDMUND DEVEAUX - 3A MAJQR RDADS DEVLAND SITE, INC. CC# 08-3A-1484-X Ref. 2x922671 expires 8131t2o10 Ctrf# 10-12338 `" ~'~'-'' CERTIFICATE QF LIABILITY INSURANCE p~oso~ '©° "~'~' .= s pRt3DUCER BrOOF;e Intieu,-~nct ~ ";iti•t THIS CERTfFICATE IS iSS[JED AS A MATTER OF INFORMATION `~72' OFCeevr~onee ~ c: ; ,c ONLY ANb CONFERS NO RIGHTS UPL3N THE CERTIFICATE „ , : ' 7 HDi.DER. THIS CERTIFICATE DOES NDT AMEND l;XT#=ND OR YVest' alrn 8e:~c^ ::~ ;.,-;::, , ALTER THE COVERAGE Af~FORDED BY THE POLICIES BE=LpW. ~rrone ;Sv?I;7'-.i?t?, = r. ~,, , ,- ~ .. ENSURERS AFFE)RDENG COVERAGE NAIC # 1NSUREO t7l=VLAJ~1f? SfTE INC~ ,rv:.,:=t 1= :. FIf2ST COMft1ERCIAI_ 13U2 Wlnc~fieid Slre>rt `~' ' iOeF .r F` LVest I'ain~ E3r;artt. FL ;3.4.Sf~t,- v~'.-•_:.; t; F IkSI ~:;OtviME:f~f:lf~l tSf t 1585-f:~7[? IrF .. r COVERAGES ~~•. ;F1F €.. ?HE. E>Dr.~GILS OF FNSUF2ANCE FIST= [i r,A`Jr HF-F-i, r,~:,.:F l t. - •:r rr;. r.: ; '„1~;! I i Afit t, i t ~ tk 'r,E :_; i, .'.5 t~F RE(iE: INl)IC;ATEFi NOTV,I€THSTRNt7iNG ANY REQUIREMENT YFRh{[sRC(}NL]ItIJ'vs)FANY;;c~:•,IS2F„- .t~FF;r,:•i€=:;,I,c:Irr.st.Ni;n,frcttF~l~tE;~ :r;';VFin,tltHFSE:1vK7ItsCAtEMAYt3i~aSSUEDUEt 1!Ati PERTAIN THE INSURANCE AFF=ORi_)Et) F3Y f -!F F=()t It:IF 5 :cf °;;.F21F,F ;: I rF Itf IN ;:, 5;iF5.af i:' i () A,; 'FIE TE-E;t,45 F-XCE US[DNS AND CONll1TIDNS OF SUCF2 •' iY i(;tES AGGREGATE L?MfTS SHUYV:4 ~'AY >1A'dE t3EEN F2E tl =I;.L[7 H ~ F'.11i~ ~:, iilf.f:-, aN$R ADD't, .>•R INSkp TYPE of INSURANCE POLFG PUi [f;Y tF F ~[; I3V1- VDt.ICY E)SPIRAT[UN Y NUME3ER [~Aff 4MF.r1UG'YYI DATE (MF.4~DpfYY; LIMFTS GENERAL LFABILITY 'r-At.H E):'t~URREN(:E d CUE,SMERCIAL C;E'JrRnt t.. tE;r. "~- f~; ;'F': 1 ' :?A?uTAGF TD RENTED ' • . ;,/ li. t; , ~iJ tf;. ?3: T~RFh?fSES<Eaocc,,:encez Ct AI?,4S F.tA.)~ d ~ 1(:t:' :.. r~ '.1F [} F;XF' .Any art' pef:.e3n. ~'F:i2SQNAL 2i: RF1~' INJEJRY ;E. N€ F2AE AC;C;RFt~A7I= fSEN;- A[;(;REt3rt7F . ir,i!; AF'.-. t{ ~ :: c: c•F:[}FxJa,TS G(JMF~ GF3 ArG AUTOMOBILE LFABILFTY 4NYA;;iG .t3T~SE;INE F1 51NG~E LI},SI' F s ,r:pger: :r3i)iE ~ :.V.itlFt =iC31}I[ `r INJt iI2Y . .e,.:,3rr:t ~'Pi('3F-~E RI'r UAFAAi+'c '~~' ~3.L'~]Fr rY„ GARAGELIA8ILITY .irf€::(~N[Y FA A(;I,IF)EN' ANA' :..r' iJ :;?F,F-42 It#AN cAAE:i; ,.JTiJ f3Ni Y .AGG J=%CESSlUMBRi=LEA LFABELETY ~ ,i+;H {)(;C,'ClRF2E=NCE flCtiJFi :;:~s•I.7`.~!A;:: :.i~t'kF'(i.,'F iTEJJ:, i IEi~; C,ETENTIOM1 WORKERS COMPENSATfOty ANp EMPLOYERS'LtA81LITY rit..-.42T.'%~. ,_ rft I:. r3' I;e., ~ !ii_:SfAtl, (jEf+ 1 TOF2Y~IMITS EF2 ~: ANY P2flPRiE_ FUR PART ,'E r'2 ; x} ,..' .)FFiGER MFhiB1uF2 EXCLU:3E_t]' ~.. : Ll.t~tt ACC:fDF.NT i' .er. .~scnCe ur•Ja, C)iSi-h5E E'A fMPI UYEE •~~'F,:,At t7RDVl5:tlNS per .: 13E€;E.J,SE Pt}[ tr_•v t iMiT OTHJ~R T)i_SCREPTFON OF OPERATlpNS : LOCATEONS ` VEFIICE_ES = F%CLtlSIUNS ADl3E4J F3Y F,N!)OF2SE:h1EN F SPEL'IAF PROVFSIONS CER71t+tCATE HOLDER ACORQ 25 {2001lI181 QF CANCEI_LATEpN 1.[100.OUt3 1 fl(7.€l(}(1 .7.f)(1F) I .f~oo,(~n~~ I.Ot7{1.f)C)f, t .f1f)().€J(1(I t f)(},f)fsG .OO.UQfi 70U.(}El(i 5}1(iULU A7vY OF 7HE ABOVE DESCRlE3ED POLfCEE;S BE CANCELLED SEFORE THE EXPIRATION F7ATE THEREOF- THE ISSUING ENSURER WILL ENi]fAYOR T4 MAIL i( PAYS WRITT>;N NOTIGIw ~O TFIE Cf=RTFFICATE HOLDER NAh4ED TO THE LEFT. E311T FAILURE TO DO SO~HALL IMPOSE NO OBLIGATION QR LIA8ILITY {]F ANY KINiJ UPpN THE lHE IN~SU~`)T8:41',ERTS"~R-REPRESENTATIVES. AUTF{Ot21ZEp REPRESENT E _~2~CORQ CORPORATION 1588 -..~---~kr `~~; ~ ~I~~ vILLAC E or• ~~<`r~;E,~~ ~"~~, NORTH PALM BEACH ~• /, ~~ sic ,~ ~.ii-z~~~~~`x~:=J ff ll]~Pr1RT144EN'i` UF` CUIvi~fUtvl'r'Y I3EVFI~UPi4IE NT 1`.~jf~ `- ~`~'~ ~ 50i C3S HWY f • ~C?1ZTH PALI~i BEACH, FLUI2II7A 334Ef8-47~~ '~~. ' ~~ ~ ,f PH{jNE (551 ~ H4 E -3363 • FAX (561) 8~F3-334 =`S L,y~: / ehuff(i.villa~e-nph.org February 26, 2009 Cori De~eaux Devland Site Development 1302 Wingfield Street Lake Worth, FL 33460 Dear Mr. Deveaux, Please accept this letter as a testimonial to the work performed by Devland Site Development in the demolition of the Anchorage Park Wastewater Treatment Facility. Your staff resolved unforeseen problems in a prompt and courteous manner. Changes due to discrepancies in plans and specifications were handled quickly and efficiently. You were responsible far the demolition removal and disposal of all erected buildings as well as any and all underground structures. While there were more underground structures than originally proppsed, your company removed these structures at no additional costs to the Village that would have further delayed this portion of the project and allowed this project to come in at our budgeted number. Thank you for the work you performed. Sincerely, ~_ Chuck Huff Community Development Director ~~~.~ A ~ 2090 Palm t3each Lakes Bfvd., Suite 8©€t West Palrrt Beael7, Ft, 33409 ~'l=t.: {5>a1)684-33T5 FAX: X58'11689-8537 www.boyleengineerirtg.com f. trrjirtt~t:ra+rrf l.~xt:b~ff+:tlbu ~ittrr: l~hi/ l:trtpl~+S~r:c: lltyttur! February 20, 2005 Re: Sedin7ent Reitroval --Belle Glade Mat'ii7a Devland Site Developi7t~:nt, lire. To W17on) It May Conccri7: As it result of tl)e 2001 aiul 2Cj05 hurricanes, the cleptl7 of the local finer Canals at the Belle Glade Marina was severely reduCCd b}r sedii77ent and clcbris. Based ail public bids, Devlaitd Site DevClapuien[, Ittc, (Devlitnd) ryas atvarcied the contract by the Gity to clean the canills gild reshal)e tl7e canal bai7ks. Devlhi7d cleiuted the Cai7i71s (a})praxin~ately 25,OOa cy) ai7d rottgl7 gractcd tl7c; btii7ks with a long re~aclt backhoe. A sinalf gi•zuiei• was used to finish };ride the canal bitt7l:s. Devlaiid alsa st;p€tratc<t the debris fi'Qiit tltc; scdii7~eitt aiul Itaiiled this i7laterial to tl7a lc7cal solid waste transfer station. "Phis I)rnjcct tvns eoii]plelecl oit tii7lc find witl7ii7 budget. V4fe l'otii7d Carl ai2d Bel Deveitu~ to be cooperative to tvorl; with and their ec}ui})mein operators were very c}ualified. Basco! E)il this prnject, the wotilct utitizc Devlancl Site Devel[7pinei7t, 137Q. fOi' this ty})e R~ ~VOt'lt i17 Ilte flittEl'0 and IYUlE1LI i'eCOi7lillti7d tlli'.; COi77})ail}~ l() 4the!'S rOi' tl1IS LyI)t'. Ol 1Vi31'lC. Ver}' tI'iily yotil'5, 13oylc !?i7gineei•ii7g C:ai•})araiioit Jcfl'i~cy D. Ctenault, !'. L?. Project Mai7at;er f1Ftl! i ti~,~~lr'dt-fltir7t~ :'fii>f~ttlt+liliti? nwrr ~ ~ ~~~~~ Augfask 18, 2©08 Re: Devfand Site Develapmenir, Inc, To whom this may cancsrn, !t is Bonds Only, Inc,'s lni:ent to provide performance and payment bends For various projects for []evland Site :Development, Tnc. We andclpate entertaining faond requests into the $1,OQO,000,OD slrlgie/$3,0~0,0OO.Op aggregate range and v~tauld entertain higher limits if the need ever alrpse, In our opin}on Devland Slip ©evelopment, Inc. is ane of the finest, best managed firms in the indvstry, Deviand Site Development, Tnc, has handled each vF 1ts projects In a professional manner and c:ampleted all satisfactorily.. The above demonstrates cyur utmost confidence in Devland Site pevelopment; Tnc. We anticlpake no problems in providing ttte necessary perforrrrance and payment bonds for various projects_ Please tre advised that t#~is~ fetter is not to be construed as an approval fnr any bond or bonds. Ali specific bond al~pravals are subject to underwriting, contract, bong forms, and owner financing satislf~ctary to the surety and the principal at the time of the bond need. Should you have any quesl:lons, please feel tree to contact Qur office In Re"~r1o -v Underwriter 15i b CR 2t 0 West, SuEr~ 21 ~ JAcKSOIav~~~.e, frL 32259 ~ P~tarr~: (9R4} 733-8£i86 Fax: (90~} 733-889b ~-MAR. BOIPOSDlJZ.Y~Sf/~ETY•90NDIttO.Gaili W WhY.$uA a~lY• BONDU74.CCI.i ~•rl ~ t'rn r-ya, s-nr_ •n~e~ ~f~~~r~ an~.nn n. -, , ~ .~.. ..~ R.,.. FROM : DEt1EAUX FAX NC]. : 56154A5453 kir~R-1?~-~7 08: i~ i:'rvm. CRAIA A SMI7Fi~'8 ~6#.'i'9f~£'i~g Mir. ~0 2~7 11:20Ri'1 Pi ToEg€ifS~1 P.ifl ~ i ~f~AIG A ~11I~lYH & AS~O~~A7~S ~NGfNEC-EIS • $1lCtVE~fU12S + UEIL1(Y LU~A70t7~ + G ANT ~Ffrt;lA~ IS~& Marsh 29, 20Q7 To Whnm i# May Cat~c~,m; T>'iis utter is written ot1 #~~tf of De~vlt~nd 9fte ©eveEo~m~nt, tr~v., ~ ~Q~tt'aaor W ere worfdng wfth tf7 C?lC~~hc~tu~ -Gvut~ty. ~evi~al~ Slta Devekaprric~nt, Jt~c. !s woE~cirz~ vri $ South Ffarida 11V~tE~r M~rragarn~rit futtd6ti pro)eot for the Ct~ur~ty of Oke~ch b~ plx~viding aQU~tic rornav~! S~iYIC~S~ !n Our tfceltn~e wft~t E3~vland we found tho ifrrn to be .~oo~r~tiva, ~r~ff~~stan~i, and working aril proufde c#u~lity work to tf~eir cife~~t. 1t i~ raur plEraasure ~ i~eournmvn this Rrm #o any onr~ itt rises of #ha ~ervics~~ they provide. Very truly yvtlrs,~ Cr;~ig A, Smtt#i ~ llssc~tet ~~ ~ ~~~Ivn V1ce F't3e~ider~t of! Cons~ruciia-i ;ae-vlcv3 i 1101 sa4th Crown WAY, 5vita 1,1Ndlingtori, u~r#a mid TEl., (561) 7E~1.8280 i"AX: (6Eii} ~1•$~18 wv~w.crattl~antitt,,corn ~ r~°5r" Creek Y e!~ melt Com~allY, LEC a , t , ,~: -~ '~ °`tT ~~d .dL~a~~<..~~~:,9~r,~~~~~ ~~~.~a~°~.'l~i~~5 '~3~atir ~;[ ;. ~'~;~~~~~-~~:~~+~F' ,s, '~~~' Mizner Plaza 102 N.E.Secand Street #359 Baca Raton, Florida 33432 Phone 561.620.7855 Fax 561.620.7855 Date: Iiehruary 4, 20D8 To; Broward Cou~rty Department of Flai-niatg and l;nvironn~ental Protection Building Code Services Division 955 S. Federal Hwy. Ft. Lauderdale, Fl. 33316 Re: Application for Examination of Reciprocity Broward County Central General or Specialty engineered Construction Trades Builder /Letter of Recan3niendation `l'o Wham it May Concern: For the past 20 years in the construction uidustry I have conducted business with Carl Deveattx. His expertise includes kuowledge of demolition, land clearing, grading, excavation and dredging of canals, lakes, levees and waterways, installation of primary pipeline, water, sewer, and drainage along with specialty paving and parkuig. I have been very satisfied with my business dealings with Mr. Deweaux in every aspect of construction that we have had hi~n involved in and welcome the opporiwuty to conduct business wikh him in the future. rely _~~ 'ch reek-Bay Development Co. LLC CBG451143 s~ ~~~~s~.enc. OpgTCL+ - S6l -483-4799 TAX - 561-997-78SA Februuy 13, 2008 'Ta whom it may concerti: Carl Deveaux, Devland Site Development and my fsrm has done business together for many years in the heavy construction industry. Carl Deveaux is very knowledgeable in his industry and has extensive experience its. heavy construction and site development which includes demolition, land clearing, grading, excavation and dredging of canals, lakes, levees and lvater-cvays, installations of primary pipeline, water, sewer, and drainage along with specialty paving and parking. I would strongly recommend this firm at~.d individual. CCSI USA, Inc. 6QI N. CUNGRES5 AVENUE, SUITE 431 DELRAY BEACH, FTARIDA 33445 President ".~:~.r.1,W~: ``°- O'CONNOR & TAYLOR DEVELOPMENT CORPORATION ~}---~~~~~.Y""~=' s 8380 Resource Drlve, Suite 1, West Palm Beach, FL 33404 Phone 501/863-7349 Pax 561/$63-3674 s, 'r ;:4s~ _~,-~> > May 17, 2006 To Whom It May Concern: RE: Devland Site Development, Inc, O'Connor & Taylor, Inc. and its affiliates have had a mutually beneficial working relationship with Devland Site Development, Inc. and Carl & Ed Deveaux, the principals, for over ten years. Devland has always performed to our satisfaction. Within the last six (6} months, Devland Site Development, Inc. has completed demolition and earthwork (including demucking} on three {3) projects located in Ocean Ridge and Juno Beach with contracts totally in excess of $200,000.00. As always, their diligence and performance was excellent, Please call me if you need any further references for Devland Site Development, Inc. Sincerely, 1 ~~ . ra onnor President FS0/6h ~Q~~~ ors ~ ~74~ sAa ~v~NUE souTH LAKE WORTH, FLORIDA 33~B0~4O~ 1 PU~blO ~WQRK.O TO 'WHOM X'1' MAC CONCERN; ~n the a~rmatl~ of Hurricane Frances, we quickly realised that the amount of delaris generated would overwhelm our in-lions work farce, A Iaeal contractor, Mr. Karl Devaus of Devland Site Development, Tne, approached us with an offer to assist, The price he affersd was less then that quoted by our Disaster Recovery Contractor and was issued purchase orders and a contract with a combined value of approximately $1 M, Devland was assigned our Debris Area II; the most'heavily damaged portion of our city, Mr. Davaus was able to mobili2e immediately with tha proper equipment mix and even hired a suh-contractor to assist after Hurricane Jeanne, Asa contraetor,~Devland was .extremely professional in dealing with both staff and Luke Worth residents, was willing and able to adjust to ohanging removal requirements and also insured that the validation requirements from FL~l1rTA were always followed. '~ t I would not hesitate to recommend Mr, TC.arl DBVaus And Devland SitB Development, Inc, for any debris removal contract and will attempt to use them again in the future if and when necessary, (561)586 = i72t ~ ~+ x (set) sss -- tB9c Pub1iQ'UVorks ep ent Director ~.. . 01504 A .~ •~} Reference Checks Call Log Devland Site City of Belle Glade Phone (863) 763-8999 -talked to Mr. Marcos Monteioca What type of work did they do for the City of Belle Glade? Excavation/Canal Cleaning Did Devland Site construct sidewalk for the City? No, the only thing they did was sediment removal. How would you rate them on a scale from 1 to 10? They did not finish the job. Refused to score them. Craig A Smith & Associates Phone (561) 644-4721 -talked to Mr. Jay Beaton What type of work did they do for your company? Clearing and trenching Did Devland Site construct sidewalk for you? They did not construct any sidewalk for them. How would you rate them on a scale from Ito 10? They did a good job. He would score them with an 8 City of Lake Worth Phone (561) 586-1720 -talked to Mr. Michael Brown What type of work did they do for the City of Lake Worth? Two years ago they had the contract for Hurricane Debris Removal Did Devland Site construct sidewalk for the City? No, they did not do any sidewalk construction for the City. How would you rate them on a scale from 1 to 10? Good job. He would score Devland with a 10. Village of North Palm Beach Phone (561) 798-7598 -talked to Mr. Chuck Huff What type of work did they do for the Village? Responsible for demolition removal and disposal of various buildings Did Devland Site construct sidewalk for the Village? They did not construct any sidewalk for them. How would you rate them on a scale from 1 to 10? They did a good job. He would score them with a 9. Multiple attempts to contact Creek-Bay Development, Professional Construction Group and CCSI were unsuccessful. PROPOSAL Proposal of Bung Construction Incorporated {Contractor) 4300 Oak Circle, Baca Raton, FL 3343'1 {Address) to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: OLD GERMANTOWN ROAD SIDEWALK IMPROVEMENTS City of Delray Beach Project No. 20t}fi-t)fifi gid No: 2009-29 To: Purchasing Officer City of Delray Beach, 1=lorida 100 NW 1st Avenue Deiray Beach, Ffarida 33444 The undersigned Bidder,proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Contract Docum@nts to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, inciuding without limitation those dealing with the dispasifion of Bld Security. Thls Bid will remain open for sixty {60) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Contract Security, insurance. Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER'S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CITY has the authority to rescind the bid award and retain the bid security which shall be forfeited as liquidated damages. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Date No. 1 4/15/09 No. 2 4/20/09 receipt of ali of which is hereby acknowledged and also copies of the Advertisement for Bids and the instructions to Bidders; P»1 b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. Bidder warrants and represents that there are no defects, errors or inconsistencies In the plans, specifications or any of the Contract bocuments and that the actual site conditions comport to the condittons set forth therein. c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for himself any advantage over any other Bidder or over the CITY; no City official nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relafes, to any person associated with the firm performing the work, or to the profits resulting from the work. [remainder of page intentionally felt blank] P-2 .{ a. ~, c .~ w ~- w fi d Q .~ .. m v 1_y m N tl! d' a p m LL 0 J p lil C? N h O a a ~ ~ ~ ~(1 R tf' N N ~ ~- ~ ~ ~~ ~ 8 ~. ~ $ ~~ ~ ~ ~ ~ ~ N O ~R C `' U ~ W n y [L r" ~ q~ Y3 ~ ~ Y3 gm Y3~1~ ,~Qq 1R m `~ m `~ ~ y [] [~ R ~ [] [3 ~+ C] U ~ [J ~ C3 ~ A U c r r r ~ ~ ~ N d M Z vi vi vi ti ~ ~; ~ ~ ...t J J ..l vi rn ui Y_ w ~ ~ `) ,~ C c ~ ~ ~ ~ a ~ ~ ~ ,'c~i y ~ ~ O C9 ~ Q C N c ~ p c~ c ~ a yc5 -a .> o c {p m ~ ~ ~ Y ~h ~ E N ~ '~ ',~~ ~ ~ (O Q1 +n .C ~ ~ Q ~ h ;a ~ ~ ~ ~ U tt ~ Q cu ~ Q ~ z r CV M ~ u1 t9 A 0. m a i ~ ~- a o 0 0 o p o n n n Q F a o o Q o o Q n Q Q n O O O O 0 W L ] tli ~fi ~fY N G ~ ~ j((L''J([] za V °o °o °o o° °a Rte. $ ~ °o °o o a° ~ r ~ ~ N -~ 'O 3 ~ m ~ ~ a Z ~ ~ 3 ~ c 1_- 0 Q ~ ~ Q m '.~' ~ w ~ m '.~ ~ m Y3 ~ ~ SR F m Y3 m SR m o a~i o m doom ~ ooa~i ~oo~ ~-oC y-o~ p © U o U ~OZU [~ozU tt.azc°~ F-SzC~ --C~X(~ q ~- z u~.i J ~ J .~.t ~ J q ~ ~ 0 ~ c 3 c c c Q ~~ Q ~~ Z ~ M _ ~ m 1"' ~ f ~ c c4 c~ y p .G q ~ ~ ~, ~ ~ C Q O Q O ~_ 3 a _ c a Q- ¢ ° ~ ~~ W ~ ~p ~ O Q C J~ J~ U N -~' a N O ~ ¢~ Q~ LY [3. q J ~ 7 ~ ~ ~ ~O m ~~ m rn ° '- r r r n. rn a 5. Bidder agrees that the Work will be substantially completed within g5 calendar days after the date when the Contract Time commences to run, and completed within 95 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the evenf of failure to complefe the work on time. 6. The undersigned agrees as follows: Accompanying -this Proposal is a certified check, cashier's check or bid bond ({5-% o~total Bid Price) meeting the requirements of the Contract Documents far $ tp,~~3, ~ payable to the City of Defray Beach which is to be forfeited if, in the evenf that #his Proposal is accepted, the undersigned shall fail #o execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein: 7. Communications concerning this- Bid shall be addressed to the Bidder as indicated below. 8. The terms used in this Bid which are defined in the General Gonditlons of the Construction Contract included as part of the Contrac# Documents have the meanings assigned to them in the General Conditions. Submif#ed on APx i t ~ 8 r 2 t} 0 9 a.} (if a corporatiorf} Signature of Bidder Corporate Seal ' By. m ~ ~ Print Name: mes R e 1 i ent Address of Bidder: Brang Construction Incorporated 4300 Oak Circle Boca Raton FL 33431 Incorporated under the laws of the State of Florida b.) {If an individual, partnership, or non-incorporated organization) Signature of Bidder By; N I A Print Name: Address of Bidder: N/A c.) Certificate of Competency number State Certified CGC04 21 0 6 P-4 d,) The names of the corporate officers, or partners, or individuals doing business under trade name, is as follows: Signature of Bidder - - ~ /~ Print Name: James R. Fedele Title: Presz.dent Business Address: Brang Construction Inc. 4300 Oak Circle Boca Raton, FL 33431. Incorporated under the laws of the State of Florida [Remainder of this page left blanl< intentionally] ~'-5 CERT11=KATE {if Corporation) STATE OF 1=LORIDA ) Palm ' ) SS COUNTY OFRa~~-r; ) I HEREBY CERTII=Y that a 'meeting of the Board of Directors of Brang Construction Tnc = ~ . a corporation under the laws of the Stafe of Florida held on . ~ 20~.g the following resolufion was duly passed and adopted: 'RESOLVED", that James R. F.edele ~ as. President oftlie Corporation, be and he is hereby authorized #o execute the Proposal- dated Apr i 1 2 8 ~ 20~ between the City of. Delray Beach, .Florida and this Corporation, and that his execution thereof; attested by the Secretary of the Corporation and with corporate seal affixed, shall be the affrcial acf and deed of this Corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set.my hand this 2$thday of. April 20 0,9 - Subscribed and sworn to before me this 28th day of~ April , 20 09 Signature and Stamp of Notary Pubilc ' ~ ~ My Commission Expires: errrnnunnnununrnnrn r.rns. ran ur GAROL BECKMAN g1pI1H~ p }o,,Arao~L Comm# Dtx357f81q 3 ~,/~~} _ Expires i1Ii12610 ~'~~`~~• Florida ~.- NotaryAssrr.. tnc %:rese~.~;,~r,~, rsrurrar,.rn r..uruur.rrnsl P-6 CERTIFICATE (if Partnership) STATE OF FLORIDA ) } SS COUNTY OF } NOT APPLICABLE I HEREBY CERTIFY that a meeting of the partners of , a Partnership under the Paws of the State of held on 20 the following resolution was duly passed and adapted: "RESOLVED", that , as of the Partnership, be and he is hereby authorized to execute the Proposal dated 2©_, between the City of Defray Beach, Florida and this Partnership, and that his execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, !have hereunto set.my hand this „_,_„ day of , 2E}_ By: Print Name; Title: Subscribed and sworn to before me this day of , 20,~,,,; Signature and Stamp of Notary Public My Commission Expires: NOT APPLICABLE P-7 NON-COLLUSIVE AFFipAViT STATE OF FLORIDA } Pa~.m )SS COUNTY OF Belch ) James R . Fedele being first duly sworn, deposes and says that: ('i} He is the Owner (Owner, Partner, Officer, Representative or Agent) (2} He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Sid; (3) Such Bid is genuine and is not a coiiusive or sham Bid; {4} Neither the said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interes#, including this affidavit, have in any way colluded, conspired, connived ar agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or any other Bidder, or #o fix any overhead, proft, or cost element of the Bid Price or the Bid Price of any other Bidder, or #a secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; (5) The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of fhe Bidder or any other of its agents, representatives, ow in ' t est i I ding his affidavit, Print Name: Jam s R. t~'e eIe Subscribed and sworn to before me this28 day of April , 209 Signature and. Stamp of Notary Public My Commission Expires: 1 1 / 1 / 201 0 rinrrrnnCi141~0~1 B~C{~MAl~nnu.~ne u1°Y Comm# pp857~814 ``45AYAG~~4 ~~~~ Expires 1'E1112030 ~'r.~~~ Florida NotaryAssn.. Inc = .~:.yqO o rsa eao;~:e ur.u~inn u.r,nu„nu..unw P-8 DRUG FREE WORKPLACE CERTIFICATION IDENTICAL. TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or mare bids which are equal with respect to price, quantify, and service are received by the State yr by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifes that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have adrug-free workplace program (Florida Sfafutes Section 287.087). In order to have adrug-free workplace program, a business shall: 1. Publish a statement notifying enipfoyees that the unlawful manufacture, distribution, dispensing, possession, or. use of a controlled substance is prohibited in the workplace and specifying the actions that will betaken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, and available .drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse VIOIatIOnS. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1}. 4. In the statement specified in subsection (1), notify the employees that, as a condition of working an the commodities or contractual services that are under bid, fhe employee will abide by the terms of the statement and wi11 notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of fhe United Sfates or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require fhe satisfactory participation in a drug abuse assistance or rehabilifatiart program if such is available in the employee's community, by any employee who is SO CDnVICted. 6. Make a good faith effort to continue to maintain adrug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. . ders Sig re James R. Fadele, President {Print or type) Brang Construction Incorporated P-9 TRENCH SAFETY ACT Florida Statutes Section 553.60 et seq. "Trench Safety Act" Compliance Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et. seg., which became effective October 1, 1990, shall be in effect during the period of construction of the project. The Bidder by signing and submi#ting the bid is, in writing, assuring that i# will perform any trench excava#ion in accordance with the applicable trench safety standards. The Bidder fur#her identifies the following separate item of cost of compliance with the applicable french safety standards as well as the method of compliance. Method of Comoliance Cost Slope/Angle ot: Repose $500 Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declared non-responsive. The Bidder is, and the Owner and Engineer are not, responsible .to review or assess City's safety precautions, programs or costs, or the means, methods, techniques or technique adequacy, rea- sonableness of cost, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.60 et, sec. cited as the "Trench Safety Act". Bidder is, and the City and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including, but not limited to, the "Trench Safety Aet". P-~a Bib BONb STATE OF FLORIDA ) COt1N1-y OF Palm Beach ~ S5 . KNOW ALL MY BY THESE PRESENTS that Brartg Construction Inc. as Principal, and The Ohio Casualty Insurance Companyas surety, are he~d ar~d flrm1~ bound i~tp the City of Delray Beach, Florida, hereinafter called the City to the penal sumo "'g ercent f ounE ~ oilers ($'~"'s°~°*"` ) lawful money of the United States, for the payment of which sum will and #ruly t4 be made, we bind ourselves, our heirs, executors, administrators, and successors, jotntty and severally, flrmty by these presents, THE G0NDITiONS Ot= TMIS 06LIGATION ARE SUCM, that whereas the Principal has submitted the accompanying bid, dated __ April 28th, 20x9 ,for project titled; OLD GERt1AANTOWN ROAD SIDEWALK IMPROVEMENTS City of Halsey Beach Praject No. 20l}ti-DBB B!d No, 2Q0$-29 NOW, Tt1EwREFORl;, (a) it is a condition precedent to the submission of said bid that a certified check, cash[ers check ar bid bend in the amount of five percent (5%) of the base bid be submitted with said bid as a guarantee that Bidder would, if awarded the contract, enter inla a written contract with the CITY for the completion of the Work specified in the Contract Documents for the amounf indicated fn the Bid. (b) If the Principal sha11 npt withdraw said bond within (60) days after date of the same, and shalt within fifteen {95) days shat the prescribed forms are presen#ed to him for signature, en#er into a written cnntract with the CITY in accordance with the bid as accepted, and glue bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligation sha11 be vok# and of no effect, otherwise the sum herein stated shall be due and payable io the CITY and the surety herein agrees to pay said sum immedlatefy upon demand of the CITY in good and lawful money of the United States of America as liquidated damages forfeiture thereof of said principal. P-1I IN WI ~S~h S WHEREQF, th$pr~y~~-©g unded parties executed this instrurnant under their several seats, this day of A .the Hama and corporate seal of each corporate party being hereto affixed and these presents duty signed by its undersigned representative, pursuant to authority of its goveming body. I Michael A. Holmes of (Person), on behalf (sure ) 'The Qhia Casualty Insura~ce Company (surety company) have read and examined the Performance and Payment Bonds attached to Bld IVo. 2009-292i?09-29 Signature At~orerie~ Iri Foci: & Florida Resideni< Agent: pate; Apri128th,,,2009 WITNESS:. (lf Sate t3wnershfp ar Partnersh(p, two i;2) Witnesses required). (If Corporation, Secretary Only will attest and afOx seal) Wt~7nNt'=S~SBS: pdn Name; Carol. Beckman. Print Name;. Daryl Shat;~o PRINCIPAL Brang Construction Inc. rrn ame) Signature or o 8d Oflfcar) Ear~ix soaq PrintNama: James R. Fedele Title; Pres~dent< Business Address: ~~QO__ Oak Ci~,C,~e„_,._ L~.cxca P,att~_tJ.:....~,~ 4...~ P-12 WiTNBSSfrS: StJFtETf: 'The Ohio Casualty insurance Company ~~~ Hama Miri Sicilia, PCSR y' Pont a e (51~natute, Attorney-in-Fact} }~ ~ & Florida Resident; Agentr `~" - (affix Seat) . Print Name: Carmen E. I'iilot, AAI Print Name: Michaei A. Halmos Business Address 500 Wlnderley Place, Ste 200, a an 8fl 0-927-6446 Name of Local insurance Agency Brown & Brown of I~lorida, Inc. 1'-13 _ -~e.,a~:fsino~;;r;;et:;::-~e~,E,:t;k:,:;h~-:.}:.:,,aA,~~i;e:r.,~,,,.,,~m„~„~.a•~~Ei:a :Ths antii©uty grained hereuild@r stt~etseiies &~ preVtou~ atilt - ~ -" .-.s ~,•t.,MVar-.n~- Ys.rt rr•rtr~r~._.E 1 ~ '- :: ~ - :...-~ .• _ ~sEA~ ~'se.cE .-_ s ~ ~Fes~nts,t;iujl) be asblttc~ingu~tii:ss~iii "~~smp~nies as #ktliy and atirplys~o all ._ ed: bytlle ~egukariyel~eted o~cer~ ©frti>e Eontpaittesrat tlietr adrnrgistrattYe :_ - Fore grpntec~ the ahoYe named at{~rrtey(s}_tr- fast ::CasuBh~! Instlranee ~'orrrpany atik _'4~e;;tt~itet~dan Insurance t~dtnpany has ~ - ~p~nythisl6itt ckay:Rf ~4iay, 2Q48 - i- - - _ _ _ attll;"awr~n~e;AsststantSecsetary_ - - - rtif~~;.~vaa aerorc:rna ssfo~s.rraee ~:ryoraryxuRnapf-sncs,ntrsrevt vnss1 DES 4,su jur_snn_s,.vu»sy a,-rtyuc,, uul~. t;5v,nu„s„gE~cu.ru,u:. n ~.a-vrettce, ASSi9THnt Secretary _oi;:Ti31? ~HtQ ~ASt#f1I.'I~Y-113SilRANtr~ C{3tvIF?ANY Arid W)~gT°f~MERICAAi II~iS[JItAAIC); -- personalty i~rtoYtri;to be tii~indtv[dual and-dt~eetdesc~ibed rn anti Who exceufad tkie preeEdi~r~ tiistfrjncnf andlie acitndwledgcd:..= _ sarne~ ntid beirigby tile~uEYsworrl=.deposes a_tid says that hers tits offic~r;Qf tTie Cotirpanres ~fore5atd,;'a~td shat rite seals~~xed to rnletit ~8r¢ tkre Corporate ~eaTs o€said~ortii3ariesr ~i~he sand ~orpojake Seats arrd:his 5rgnature as o~[cer Ker~daiy af#ized and - td msiruntent' i~tiie antlLO`city attd:_ditsCttpn.of the said~tYorpQration~ - _ - - - - JI-IiJ12E0F, T itave:3i~reUnto set_n1y h~ncT-anci afftxed any: Qfl'tcial Seal at the City of H$tniltot~~Tate of Ohto the:tiay attd year first ~: . _ :~ .: lVotat~r:publtctn~ndforCotttit3TofBUtler SfaieafOiiio :_My~bij3rtttssionexpttes~r~ugu - - ~ney ~ grahtcd=under and by ~ttthbfily o#' A~t~G rs ~ :~ecirotr 9 of the Egde ©f e~uiattans and $y ~;'aws o€ Tha O1tIO ;Ctisualty..= - sand 1~sist Antertdan Insurance-COmpatty ~xtracis frarn ~ihr¢h ~e8d yr -- r - r - .- -. -- r. _ r-.. ' . ~ ._ _ ~or boards,"of any cquttfyor skate, pr#htrUntied grates of I~rneriea ot~ny~gen~y th~reo€ or to.an}rotiter~9ttttc~I subdivrston thereat -_ _ _ :_ tit ,~.. ` ` '~ ~- .e~ hts rrtsiRtrnent 1s srgned aitd scald as autEto~iz~d by the foiCow#itgrrsolution ~do~rtedl>Y thg $osrds Of Dtr~ctQrS of the trotnpantes on ~ctvh~r 2I _ i : - J_c + ~ ~ 2444 :. : _ _ ' - .E.+: ; ~ts Cod~.of RegrtlatEons axrd Syiarys - ~ESt3LV~11, That the Stgttaittre of any c#~ rear ofthe QQmpxny ~tithot~>~l nttder Attt~Te lli, Serttibtl $ ol _ ,~-tl ~_ ~ ~und tTje=Company-:seal may ~g a(~xed by ~'aetsiitt3k~ to aiiy~sfi~rcr ofatto~ate_y trt`~eopy: thefeafissttCd on;liatra'if af~tk~e ~dtn~al~y to~iake, eicedute seal;:=: , ~ 0-~ ~ - ly;aay and-att. i~ortds :underlak~n'stir`atfiar Written o~iit a~iQus rti 3EiCt nafure.tEraregf :to rescrjbe tit~tr ._. ~"and deiiygr for .arid on its bejtaif`as:stlr~ x g. : g- . p _ :Ct: r _ r.. respecfivc dutta~ atid:the t°esjiect~r@i~truts Qfllter~ atithai}ty, and to revo~:e an~sue~}-•.apporn~rn~#tt S(io1;s ~t~rCUtuces and-seat. are iieretiy adopted by the - = O :- •_ Cotnpt3ri~? as ortgtiial signatures an_d seat anc~s~}atl wttht~s}iaCtSo~rty isonc!> uUtkar[aktng 4r other wcitt'eg.~ pbirgat[o[ts to tii!a ~t~tttr~ "thereof t¢ tihteh tt = - _ 1`-: f - ;isattactte~beyalid-and-btti;3ingttpq~th~t/ohipany ~vrtCs_tli~sama-fbreeaitdeffec~ia"st>tvug[tlnangaiiya~x~d = - - - . .`~ = ~'~ CERTIF[Gft't•tr : - .; - 3n~itrance Co)nRar~y-and West l~rns5nean ~rigurance~t;ompany_ do het-eby cerl~fy_that tits _ .l tire-uttderstgned Asststapt:SecTet~y.p~~'he t?hto L2sl?alty _ - , .foregotpg power of attoniey iha -r€feic~ced By l,aws_ of the-~oiti~anteg.ajrd the a~sove itesvlu~on oftltorr .boa€cks of`bltai:tor~ are true arid_corract ~ _ ' _ - - ;copies aril are ttt fi]li farce and effecYrQZr tfits date ?. -- : : ~ - _i1`l WiTNEgS 1'~ii~IZ1y0F-1 have hcicttn3a sel my hand and the seats oPihe Companies thss~$'~ day fl~ Ti7:~}~ ,- - _- . ~ - - - - - - ~- SSE i'!_j~ c~@EAL~ - - - - - - - - ' - ,/ _ - - ,. - Assistant-Secretary INFORMATION REQUIRED OF BIDDER BIDDER'S GENERAL. INFORMATION: Bidder shall furnish the following information. Failure to comply with this requirement will render Bid non- responsive and may cause its rejection. Additional sheets shall be attached as required. (1) CONTRACTOR'S name and address: Brava Construction Incorporated 430© Oak Circle Rnr~a Rat-nn~+'T. '~~d'Z1 (2} CONTRACTOR`S telephone number: 561-368-3180 (3} Number of years as a CONTRACTOR in this type of work: 22+ years (4} Names and.titles of all officers of CONTRACTOR'S firm: James R. Fedele, President / Secretor (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract`. Brown & Brown of Florida Inc. -Michael Ho1..mes 305-364--7800 8000 Governors S oars Blv 3016 Surety ompanv - Ohi d___CaeLal t~. Tnc„ranr-rp_ r~~.p,an~_ Vin() Winr~Prla~~ ~1 a____rpy~~~(1~~,.._ru~~'~ ]~f FTC X2751 ••-- (6) Principal Materials Manufac#ures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the Drawings. The Bid Proposal shown on the preceding page(s) has been calculated and tabulated using basic material prices. The following is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a CONTRACT for the work specified herein and spawn on the Plans. It is understood that the fallowing list is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project. It is also understood fhaf if awarded a Contrac#, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes to substitute materials or subcontractors he shall request permission in writing from the City stating fully the reason for making such a request prior to ordering same. P-14 All of said manufactures or their authorized vendors have been made aware of all the appropriate portions of the Contract Documents and agree that their materials will meet all of the requirements stated therein and that deliveries will be scheduled so as not to impede the progress of the work. Materials: f'nnrraf-p Tactile Surface Subcontractors: Name Atlantic Underground J Emery Bobcat Manufacturer ~C?I[LeX orks Ferguson Waterw ~.~~ ~~~. Duties __.Fire hydrant Clear, grub and grade Signature of Bidder .~-,. _ v~ Print Na ident Brang Construction Incorporated P-IS - .~~ ~-. E~EJESTEO~1NAlRE The undersigned guarantees the truth and accuracy of ali statements and answers herein contained, 1.• ~ How many years has your organization been in business In the State of Florida as a CanEractor? 22* years - 2. Whale is the last project of this nature khak you have completed? . -Baxley Community Pazk Trail. improvements - City-of Delray Beach Tnt~acaastal Pavi3.~.an Clubhouse ~-city•aE Boynton Beach and - 3, Have you everfailed to cce~mptets work awarded to you: if so wFiera and Why? SabaT. Pf.nes park • City- ot: Coconut •Na - ~ ~ - Creek • 4. ~ Name three individuais or corporations far which you have performed work and to which yau~ • - - ~ -refe~T.Bob -niaz •561-243--'7343,• City o#: Delray t3each _- . - -~--Ke~.th tamsxy, Px•esiden~ ot:.Construction. Mgmt Svvs(954~481-1611 ~( Jody Rives, ~Supexintendent• 561-742-6226 City ot: -Bo~ntan :Bch Karen Arndt,~•PM~ 561-233-0208 •PaZm Beach County -- - 5, l.Iat the fallowing Information concerning all contracts on hand as of the date of submisslorr of this - proposal, {In case~~ co-venture, ~I)st the info~ma#tan ofall ca-venturers), . - ~_ `"~ - k - ' ~ - - TdTAL 'CONTRACTED %OF '` '~ . ~ NAME OF - CONTRACT' DATE1pF COMPLE't•ION PRo~EC~ - ~~,$ _ '-~ - VALUE •COMPi_ 1~,Q~ OT DA1"E ' '~'' . Flre~ Palm Beach ~1,666,OflQ TBD T8b - ;~tat:ion County ~ . Rec' d Noti~icat:ian of Award , ~ '. No . . 3 2 • r~ Project No. 0'7204 .. (Continue list on insert sheet, if needed ., . - S. Have you personally inspected the proposed wodc and have you. a complete plan'•for its performance? ~ ~~ ~ ~ - ._~. Xes . - , • 7. Wili you sublet any part of this work? If so, give details. - Relacat~.on a~,iire hydzant'and Clear .& grub: . 8. What equipment do you own that is avaliabia for ihawork? - - - {Attach additional streets as necessary) See Attaehecl • P-16 . ~fldGr~ f rrir- ~iialff~ of ~~ BRANG CONS`TRi.7CTlON.INCORPORATED EQUIPMENT I11xVL~'NTORY 1. 10" table saw 2. Skill saw 3. Saws All (Bosch) 4. 3I$" Hammer Drill 5. 1/2" Hammer Drill 6. Demolition Hammer (Bosch} hand held 7. 3kw generator $. RGX 5500 Wisconsin Rabin Generator 9. Shop Vacuums 10. Post Hoie Augers l l . Chain saw 1 S"' arm 12. Chain saw 12" arm 13. Chop saw 10" 14. Emglo air compressor with $hp Honda engine 15. T~nailer 16. Plate compactor, 20" 17. Grinders, with abrasive wheels. 1$. Weed whips l9. Edgers 20. Wheel barrows 21. Post shores 22. Ford F'350 Dump Truck cbl~quipmenk List.docll 430© yak Circie • Boca Rafon, Florida 3343'1 •861-368-3180 • Fax 861-368-3188 www. brangconstruction. com 9. What equipment will you purchase for the proposed work? Whatever is necessary 10. What equipment will you rent for the proposed work? Whatever is necessary Sfate the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. {If a corporation, state ilie name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names ~ of the business under the trade name. It is absolutely necessary that this information be fum€shed}. Brang Construction ~Incorporated~, Correct Name of Bidder a) Tlie business is a {~r~~i~~i~~{tr~ (Corporation) b} The address of print€pal place of business is 43 t)0~ Oak Circle; Boca Raton, FL 33431 c) The names of the corporate .officers or partners, or individuals doing business under a trade name, is as follows: James R:.Fedele, President as sole corporate officer of Brang Construction Incorporated r of Biddq~ Print N e: {l Brang Cons rut ~.on Incorporated Business Address: .4300 Oak rc e Boca Raton, FL 3 Incorporated under the laws of the State of Florida P-17 PROJECT: Bexley Community Park Trail }'~ ~ "~ 's ~''~ . Is~~ ' `~~ '' ~~ Improvements , ; 1 i - - ~_ aBtN~I:NG: CH2MHill .~ ~f ~ OWNER: City of Defray Beach ~ `s"~~,~' owNER~s Bob Diaz, Cnstrn Mngr 561-243-7343 ~ ~~ ~ sa ~- ~'~ _ - -- REPRESENTATIVE: ~- s ~~~~",~- , - var.uE: ~ 529,405.00 coNSrRUCrroN November 2007 to April 2008 y T~,; _ e~ ,q PeRrori: ~ - Construction of a new park space within an existing - ; - residential community in gelray Beach. Complete Bile development includes new water and sewer 4, ~ lines For a future restroom building, as well as a ~~ ~ ~; ~;. complele power distribution center to provide power ~' throughout the park as well as to the new site ~ ~~ lighting system. A new asphalt parking lai with '~ handicap accommodations secured by a double `~ . ~~ ~ -,: swinging gate, In addition to an exfensive irrigation - and landscaping system is a 1200' asphalt' ~ ~ ''_ walkwa connectin to a 1900' Ion mulch trail I .'=3 _~ winding through an existing environmentally ~ ~ ~ _ sensitive natural area. The park amenities include 3 -- y ~ ~~ rr. `~ - gazebo structures placed throughout the park, with - : ~ ; _ _ ,~° Lam- ~ . j -~ ~ ~ ~ ~^ multiple hike loops, benches, and trash receptacles. - _" _ ~ ~-. ~: Brang Construction Incorporated _ ,~~ ~.~ " t f ' ~ ~~~~1 ~) 4>z ~ y 4Tk C` J I i r - '~ { «''f' z ~~ I F~~ ~ , ~ 9 f ~ c { ~ /~l ~6 nc^. - i :i-~~ 1 ~ ~,, ' ~ :, ~~ >~i a ~ ~ ~~ ~ ~ ; A;~ f PROJECT; Intracoastal Clubhouse Pavilion ~ `~ -~ a~~ a- ~ "' ~ . ~ ? ~r ~a~ !~~` § ~~~,iH r a3rt~ r ~y ~~ ~ r~~~ ~ _~ ~n ~ , ~~ ~ F ARCH ENG: CH2M Hill ,t. '1 nt~ tx ~,+~~ 1,~~... =1~'~, ~ ~ E~ -~ ~41J 1 , y ! OWNER. CiFy of Boynton Beach ""~ 1 { f ~~ _~~iri,~~ ~~~ !~ ~ ,t .~~ ~-'~ j OWNER`S JeFF Livergood, Public Works DireNor §~'~ ~~.~ ~. 3 i, REPRESENTATIVE: 5b1-742-6201 sr~ a ~ F ~ :" ~~'~+ ~ti,~' ~ ~' ~ ! VALUE: $ 3,098,062.56 ~33s }- 3' ~1z ~>± ~~~ ~~ 'r?>~ CONSTRUCTION ~ - PERIOD: October 2006 to September 2007 ~ ~~i=§.~~ ~-~,~~ ~ ° ~y~ { F -xd',M, At'l..v+'~A` rwl4`i. r..'E~p J y "~4'S~'~ i4~ ~~ ~~ - __ I The eonslruction of a new waterfront Iwo-story clubhouse ~ iT`; ~- ~~„ ~, pavilion within the existing Intracoastal Park. Sitework includes ~ ~ ~` addition of a "turn-around`' drive adjacent to a paver walkway ~ l ~~ L~~ ~~ that leads to the main entry of the new building. Tho building is t ~-<: ~ ,{`° ~ 7,200 square feet on two #loors with an addttronal 4,300 square ~~ ~ Feer of wrap-around covered balcony. The exterior balcony +a ~' 'fir` ceiling is cypress Tongue-and groove reflecting an old Ftorlda _. ~ ~ ~ ~ ~ ''~' 1{ ~A~j- { charm. There is a 4,6(30 square foot wrap-around polio on the ~' -~~, ° ~' f ground level that is reminiscent of a traditional front porch. The ~~~ ~F. -, - _ n interior stained maple woodwork and doors are completed 6y a ~ ~ ~ ~-x ~~ ~ ' Tongue-and-groove, exposed pine timber cathedral ceiling at the i ~,' ~ ~ ~ z '~ k- 2nd floor lobby and the 2nd floor 1,500 square foot multi ~~~ , .~` ~`` sr~M~~ ~'~ ~ f ~ ~ = purpose room. Porcelain the flooring adorns the 1st and 2nd ;` ~ , ~ - c;; - -,fit floor lobbies, kitchens, and rnen's and women's resl-aoms with ~ r ' f* -~", `,- = `1;~ - ~ ~y'"'' multiple diagonal patterns and borders. An elevator connects the 1 !~ `,~ -' - r j 1st and 2nd floors as well as two sets of exterior stairs between , ~ f3 -LLr~ ~ R' '-`~w , the patio and the balcony. High-end elecfrica! fixtures, plumbing ~~` _, x_,, fixtures, HVAC equipment, fire and alarm systems make up the ~~ r-~r'~ ~`=e - ~ ''? I i backbone of this well-appointed community building. Tropical ;, ~ ~k ~ d I ,~r I ~ I II i ,' +~~~. r ' landscaping completes the exterior with a beautiful selling ''~ ,t +. ~ ~ a ,. "~ h~` `' directly on the Intracoastal Waterway. ~~#, ~^, -' t ~ , '`~ lc ar, ~ a tkr ~~ ~'~ ~ F ~ ~ ~~ ~~ ' I ~ ~ ~ ~ F -. I ,. j ,~ f. .. . ,t s { ',--.a ~ Fay ~. -". .s(. - .~ ' L Y ~'. y ~ .1.: y~/ ~ t ~ 'S _ ~ ~. r; fir, ~ ils` .- - f ~ 5 - ~Y ~ { ~ is '?~' y~Y ~:{.'R~i`Z;- _ _ ~ R` 1,F .ri R Ada T ~ ~ ',, ~' .a/.~t '~ ~ ~` 7 J t~ 1 ~~' _ Brang Construction Incorporated - - ~{ + d'. tf{y } 43000ak iirde .~vp~R~4~ ~~`~~ ~ l ~ Baca Ratan, Florida 33431 ~~ ~,~ q ~ : ', - a;- ~~~ .r ~ E ,i Phone: 5b1-3b8-3180 ~ ' Fax:Sbl-388-3188 'pf,~ a• ll';. www.hrangcansiraction.cam ~ ~ i I I ~',+ Brang Consinxtion Incorporated is proves to be a member of the Associated Generol Contrac3ors, ~. I'~-- U" + 5 _ • r~ and we prescribe fo the credo of "Ski!!, ln-egrlfy end Responsibifi-y". ~ { ,, . ~- +~~ ! ,. I~~ 1 ~ ~ I , '--- .. h:" i' _ :i:~ PROJECT: naggerwing Nature Center Addition ARCH~fNG: Slattery Sr Associates OWNER: Palm Beach County 4 r,t+ OWNER'S ,,-,~ ?. REARESENTATIVE; Karen Arndt 561-233-0208 ref ~'k i ,. ~ • ~~ J y~~ ~ ti_,# f 1 w X54, ~. s f - ~ l$ . i ~~ ~_ ~ r~ 'k '~ ~ ~ ~~ s L , 1 :n_ ra r~ - ~ ~ J 1 ,f ~ }. R` ~ ~ 1 {~, ,b i ~~ t ~ { t #¢ VALUE: $ 2,483,071.56 - ,> CONSTRLlCTi'ON PERIOA: May 2DD7 to February 2008 ~'' Construction of 4,96D square Fool addition and renovation µ to the existing Facility tv create a 7,80D square foot Nature "'` Center. The addition consists of a large exhibition room, an educational lab with support areas, three offices, public reslraoms, IiVAC and electrical rooms. The new exhibit area is 3,000 square feet with 14' high vaulted ceilings and is highlighted by a serpentine interior deck ~. covering the majority of the room, Throughout the deck there are a number of nature exhibits featuring animal and plant species native to the area. The renovation - - inclvdes modification of the current exhibit space into a ""^ meeting room and new support areas enclosing electrical, telephone and data. The interior trim work is rough sawn „ and stained to match the existing. The facade of the additional space matches that of the existing building including a standing seam metal roof, exposed beams in the roof overhang area partially covering a T wide deck that wraps the entire building. The buitding is structurally supported by an auger cast concrete piling system on a concrete mat stab, while the wrap around deck is carried by new wood piling. The pilings slightly elevate the structure above grade giving the building that o!d Florida cl Brang ConstrFaction Incorporated 4308 ©alc [ircle ,~4A61Rf,~4!!~ Baca Ratan, Florida 33431 - ~. ~ Phone: 561-368.31$0 ~ =~ Y Fox: 361-368-3188 p,~~~p• www.hrangcanstractian.tam Brong Construction Incorporated is proud to be o member of the Assodosed Genera! Contrvcfors, and we prescribe to Iha credo of "Skill, lniegrlly cynd Responsibility". _. - _ ; PRO.IeGr: Sabel Pines Park ARCH~FNG: Craven Thompson & Associates owNFR: Ciiy of Cgcanut Creek OWNER'S Keith Emery, President RfpRfSENiATIVE: CMS, Inc. - 934-481-161 1 vatuF: $ 5,549,413.47 CONSTRUCRON PERton: January 1, 2000 fo February 12, 2DD1 5abal Pines Park is the premiere park facility for the City of Coconut Creek. This 55-acre park complex includes full underground site developmenf, including surFace wafer management system, water supply and sanitary waste systems. Complete inferior roadway systems and four parking loss consisting of 448-car capacity. Construction of Five municipal buildings including the park oFFice/maintenance facility, two-story administration building, two-story lakeside pavilion building, forge group picnic shelter building, and roller hockey restroom facility building. The recreational aspects of the park consists of two soccer Fields, two softball fields, one major league baseball field and one little league field, iwo tennis courts, and two roller hockey rinks. The west-side of the si#e has a 240 Foot boardwalk over a manmade lake, a wetland miiigotion area, 76,300 square feet of concrete sidewalks, two children's playground facilities, asphalt walkways, and 54 acres of irrigation and landscaping. ' _~ _- r~ ~'~s F.<~ 9300 Qok Circle ~~6ENf~ Bacn Rnton,flaridn 33431 ~-~ ~y Phone: 561.368-31$0 b . ~~~~ ~ p } ~~~ GHJT CREEK ~ ~~ nr~., r- , ~ ,~ ~, ~-~ .~ ' ~'~;~; zy _. L~ s. ._ Fnx:561-3bB-318$ ~ " ~ '~ - ~~ www.brangtonstruttion.rom ~'~~~'~ - - $rang Construction Incorporated Is proud to ba a member of the Assoclaled General Coniradors, - - - ~ .... and we prescribe So the aedo of "Skill, lnfegriry and Responsibility". :i: ~~""` ~` • ; , ' ~~ . PROJFCr: George Snow Park / ~ ?~ ~ ~' ~ ' y t s- '~~_ ~ 9~ 5erenoa Glade Preserve , P, a M ,~ {.. ARCH]FNG: Past Buckley Schuh & Jernigan, Inc. _ i~~,r; ° } ~ ~ - ~~_ owNER: City of Boca Raton ~ ~~~;~ ~~ ~~F ~ ~:a ,. , owNER's Jeff 8orick 561-41G-3424 `=, - ~ ~~-~~ REPRfsENiArtvE. Mike Fiches 561-393-7844 ~ ~ ~~ ~:~z.'-'-~_' .~' va~uF: $ 425,386.74 \` ~ _ CONSfRUCiIaN George Snow Park: ~` ~~ PfRroo: March 200D to December 2000 ~ `' ~ ~, ~~ ~" Serenoa Glade Preserve: February 2001 to May 2001 _ ~ ~ George Snow Park is an t 1-acre municipal park for - ~~ ~ ~ ~ . the City of coca Raton. This park was built an an ,- 3 environmentally sensitive site which included ~~: 1K `~ , selective clearing, selective removal and relocation s ~~~~`,. of proiecfed plant species. the park included the ;~ " construction of p public restroom facility, large •F ~: ,~, ~si, group public picnic pavilions, two playground - r t ~ ~: ~- ~~ ,~ ~i, 5truCtureS, basketball COUrt, tennl5 GOUr1, pnd { r ~ '+ '~`,~~`-~~ ^"~ - ,~ i~ ~ ~ ~a;. r ~. +~ # supporting interior parking lot, underground storm, <,t.. ~Ii ,"~« ,,~ ~ ,~ _s ~. ~ ~, t water and sanitar s stems as well as interior ~ ~-- ~='~ - • - [ '! ~ r concrefe sidewalk paths throughout the park. , " k{ ~'r ~.,:};~~ ~; ~' ! ~~ ~~y ~ ~~ r ', Serenop Glpde Preserve consisted of the installation ~ ~ ~ ,i ~ - of walkways, kiosk, nature trpil and fencing. ~= ~ _ ~ .. _ ~~; F G / ``~ ~~~ ~.t _ T ~ r ~~ I ~ ; i' ~~1 ~ ~ y 4'r 1 F 1 ~ ~2 , ~ l - -- , .a..:,, ~ y _ -~ ADDENDUM NO.1 TO - CONTRACT DOCUMENTS For The OLD GERMANTOWN SIDEWALK IMPROVEMENTS CITY OF DELRAY BEACH PROJECT N0.2006-066 BID No, 2009-29 . . April 15,2009 TO ALL BIDDERS AND. OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take note. of the following changes, :additions, deletions clarifications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become-a part of and have precedenceover ~. anything shown or described otherwise. NOTE._ Bidders must acknowledge.Receipt ofthis Addendum by: - 1. On Page P-1 write "No..1, D4/~15/D9" . 2. On Page A-7, Part 1 D.20 write "1 to .1" 3. Write the words "Addendum No. 1" on the exterior of the envelope in which the bids are submitted ~ - .. ~ ~ :Sincerely Yours, .. .. ~ . , _ _ . ... . ~. - .~ Begoha ~Krane. Designer, PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 BY SIGNING BELOW AND FAXING BACK TO (561) 243-7165 AS SOON AS POSSIBLE. . Brang Construc~i:on Incorporated Plan holder _ , By April 28, 200 9 Date 1 Addendum No.01 - ---~-, ~. DATE HAS CHANGED FOR BID OPENING. . The City changed the bid opening from May 7 20Q9 to April 28 2009 at 3:0fl PM tl PLAN SHEETS REVISED - Plansheet Na. 2 of .113, 3 0f 18, 5 of.18, 8 of 98 and 9 of'18 have been modified: They will available later today or tomorrow. Catl purchasing for avaliabiilty. . IIl FEDERAL PROVISION DOESN'T APPLY TO'OUR CONTRACT Federal Lobar Standards Provisions, and Davls Bacon (Pages between GC-51 and 0010-1) needs to be~reinoVed from contract'because Federal Pravision~does net apply to this contract. Disregard the SuppiementaF General Conditions (Federal Provisions) 2 naa~-a~ r~fl.oi ADDENDUM N0.2 TO CONTRACT DOCUMENTS For The OLD GERMANTOWN SIDEWALK IMPROVEMENTS CITY OF I]ELRAY BEACH PROJECT N0.2006-066 BID Na 2009-29 April 20,2009 TO ALL BIDDERS AND OTHERS CONCERNED Contractors submitting proposals for the above-referenced project shall take Hate of the following changes, additions, deletions clarli'ications, etc., to the Plans and Specifications which in accordance with the Contract Documents shall become a part of and have precedence ever anything shown or described otherwise. NOTE: Bidders mus# acknowledge Receipt of this Addendum by; 1. On Page P-1 write "Na. 2, 04120109" 2. On Page A-7, Part 10.20 write "2 to 2" 3. Write the words "Addendum No. 2" on the exterior of the envebpe in which the bids are submitted Sincerely Yours, Begona Krone Designer. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM N0.2 BY SIGNING BELOW AND, FAXING BACK TO (561) 243-7166 AS SOON AS POSSIBLE. PI n hol er By ~`"~~ ` ~ i Date 1. QUESTiONSICOMMENTS DURING MEETING Descri hon; This addendum is issued to answer the following questions asked, at the pre-bfd •~ ~ meeting held on April 15, 2009 .Question #2: The question was asked according fo page IB-10 from contract documents section 20. if the contract is in excess of $25,000.00, is the .apprentice employment. required. Answer #2: Na, apprentices' employment is not mandatory. . Question #3: The gcestion was asked on sheet 5 of 18 is the big oak tree need to be removed or relocated. - - .Answer #3; The big oak tree needs to be removed. Question #4: The question was asked .at the beginning of the project that a fire hydrant . appears to be~ in conflict with sidewalk construction. Will the fire hydrant be relocated. - ~ _ ~ . Answer #4: Na, the Fire hydrant is not going to be relocated. The intended of the plans was to fit the sidewalk befween the fire hydrant and the utility. box. Question #5: do we need a Bid Bond and/or performed bond if the contract does not excess . more than $1.00,000.00 Answer #5: Yes, a bfd, band is required. See section 6.1, bid bands. Ques#ion #6: On, sheet 7 of 18 at the Highland Groves.©rive there are truncated domes in the. existing sidewalk that is to remain. Are we to replace the domes and are they part of the 840 SF line item? ~ - Answer#6: Yes, the contractor needs to replace the domes and it was part of the 840 sf. Question #7: Please confirm that water will be available from the fire hydrants at no charge. Answer #7; Yes, For city projects, all water has to be accounted for, so a metes is required. A • meter~depasit of $900.00 will be required, which is refunded when the me#er is • returned. There will be no charge for water used. . Question #8: There are ,existing driveway .crossings that are not shown on the plans. Should figurethose as 6" thick? Answer #8: Yes, you should count these three existing driveways. Please see - appendix A for revised plan. sheets 8 of 18 and 18 of 18 also Appendix B for revised P and A pages item Igo.. 5. II. P and A Pages Revised quantify item No.5. See Appendix B Ill. Agenda Meeting Minutes . See Appendix C . APPENDIX A 0 33S g + S ~ g 00 '~ ~ b ~~~a s I ~ } ~~ ~~ ~ I-:~ t ~ ~• ~'~~ze t z~z~ r. X'~ } 1 ~~ 1 0 0 - l 3>,~ U ~ U };7 ~ 1 I ~ ,~ ~ r r ~ ~ N~' v aY ~ ~ fir;, Q ~_ I ti: ' p i ~ Z Q ~ p 1C :, - I 1 !I I ~ r F ~ ~ Uf ~ ~,~ ' - I Z 1 U }.1 } ~+ ~F--E1 ~~ V7 ~U~ ' ,~ I I O 1 la} 42 `~~ ~ Y~45 _ - ~ 7 +:: a~~ ~~ L i ~ j~J f; i~ 1 I g W E" f ;; i ~,~ c~i~ Za .. ~ ~ I a~ ~ III n~{ 3 s .~ i t Z7 Z UQ d -< in'~ 5 .yl O~ O i / ~ (,74 U ~ Vf + :; ; ~*t [ Z ~ ~ of Y t v~~~ s~~ ~a~ a m ~~ `i ~ ~~,~ . ~,I > ~, tlN02k311 1 ` € I Z {Y~ >ai I 4tti ~a ~ ~~I s '~~1 ~~ t ' ) ,,\,~ u 1~ zocza ~`; ~ `'~tc¢s ~ vii ~. ~ ~~ ~ ' t !~ ~ ~' ~.f~ f [ I ~ gg I { ~ i c3 5` I I 0 1 ~ ~ 1~ ~ ~ -~ a~ ~ .Y (v z ~ ~ '~ ~ ~ i a ~ ~ _~~'j I~ i9 ( I~¢¢ 1,} ~ .. I I ~ V~ U ~,~ . i I ~ 03 °€ i e I I Z < • UQ ~ ~_ I 1 a i ISJ I BC do L t33HS 33S ~ Q4+84 'VLS 3Nfi F!'J1Vri u~5€:t€-6ooz`oz w awq a ~€io~ s~pz~i r}~ sso-gooz\~~~f~re\aeJt~bv3\s yq~ ~ ~ 8 ~~~P ~ ~j] tl~ ~~~ ~~ ~ //~ ~ ~ ~ y g ~ ~ f Op ~ •~ / y ~G i ~ ~ ~' Y~ ~~ ~ ` ~~4F ~~ ~'~ C ~2~9 ~ ~F LF P ~~~ g ~~ ~i~~~ F ~~ ~$ i~ T ~ ~~ d~ 4 ~~LLFF ~~i€$ ~~ k ~ ~ ~ ~ ~, j . ~~JG ~ s ~ ~ -~ ... •.. . g t ~€ I ~~ ~ ~ ~~ ~ ~ g ~ 3 g¢ 77R' B~L ~~~ J~ °R pS1~ ~ ~L F ~~ {~ ~".7~ ~ y ~ ~~ ~ €~ ~ gggg yy__ BggB ~ ~ ~~6 ~ ~~' $4~~~3 F p~~ 1 J ~ ~i ~ O ~ o ~~ ~ ~ - ~~g ~t ~ 7 ~ a I 8 ~ S }•--~.4-x--• y, uw . ~ ~ ~ anvrru t ~ ~~ ~ ~ x~ ~ ~ ~ ~~~ ~~I~ a $;~ ~i r ~ ~ ~~ ~~~ ~ ~ ~ ~ ~d~ { ~ ~~ ~ ~ ~ ' ~~ a 35~`~~ 4 ~ ~ ~ = 77 ~{yp ! ~= ~~ ~ ~C2 i 3 k } jl ~ ~~~~~yl B gg p ggg ~j ~ c ? i g A b ~~! ti ~~,,jj$$wy ~' ~ R~ ~p ~~ ~• 6~~~E Pi Pe 13~Y1i llDlMl ~ ~ y1 ~ ~r~ ~I ~ ~ ~ ~ ~ ~R .sAdjdd n' ~gq7 Q g 3~ S 3 QQ 4 ~d V:i ~ d ~~ ~ ~ ~ 4 ,~,,,~ ~ ~ ~,. ~ ~~ ;~ ~ i~ q~ f~ ~~ti~ •~. $ ~ r ~~ S p ~~ ~ 4 ~ ~ ati~.u ~~S ~ ~ a€ ~~~~ ~ ~ g "' u § k q ~ ~~ ~ R ti $ 3 i Ni ~ ~ ~ ru,ua, A, s ~~ ~~~ {k ~ ~~ ¢qy{gy pip3gg ~ ~ ~~~ ~ ~ R e '6 ~ A A ~yg t5 YYYR~~ "~" U ~ ~ ~ ~ ! +~.~ s;. ~r 3 ~ ~ a ~ ~ e & r ~ C ~ ~ Y s ~~ ~ ~ } W ; ~ ~ .t a8 ~ ~ ~' ~ ~ 9~ `~~ r ~ $~ ~ ~~ ~~ ~ ~ ~' ~ ~ ~p ~ ' a ~~ ~i g~~ ~• ~ ~lE ~~tl~~~E ~ ~ ~' ~• ~ e8 3 R~ ~ ~ B ~ s ~~ ~ ~ ~~ 8 I J Q Q ~ i~~a ~ ~ a ~ ~` ~ ~~ ~ 5~ a ~s~ ~~~ ~ ~ ~ 8 ~~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~- ~ ~ ~~ des ~ ~ ` ~ 1 d d f d d w d / d ~~ K e ~ s' Y L~ ~tt~tt-600L'OS acy W auon~ x9 Wllold P"P ~!1~ X1990-901\gaa!ofdl0Q~u31S APPENDIX B '~ - c W V _ C ~ ~ v ~ ~' ,~ ~ ~ ~ ~ ° ~ U ~ S c °~ ~ ° ~ v ~ ~ O ~ ~ ~ c t o - r o ~ i E c~ ~ T 'r ~ N ~ . N lii ~ A *' CD l'9 - = ~ ~ ~ -~ -~ r~ cn ai a, ~ ~ Y ~_ m . ~ ~ ~ ~ LL O O F - V }~ d1 ~ U Q ~ ~ ~ °~ ~ (nj X - m ~ _ ~ ,-gL p ~ V !- ~ az ` ~ ~ C N 5 ~ V ~ C O ~ ~ ~ ~ [ ' ,may ~ O) ~p f0 ~ t~ ~ { ) Y d U_ ~ ~ ~ ~ g ~t ~ ~ Y ~ ~ ~ 9a C ~ a •~ +~r 2 V ' '~' ~ ~ 'i l0 U1 ~ . Fw'~ Z r N t9 V tfi ~O h "t a m a a o ~ °o O 0 $ 0 p $ g a 0 r C y ~ O ~ O "~ O ~ O N f.] ~ d - . ~. _ ~ ~ ~ ~ y y y y y y y ~~ ~ a o ° o - o ~ o S ~ $ ~ o ~ o° ~ g ~~ Z ' r r ~ N ~ y y y ~ y ~ y y y C w . ~ ~ G f.. U [~i U l~ ~,Z U OZ Cl ~ OZ C1 ~ AZ C~ H ~Z U F- d rd ~ ui vi vi vi ~ vi Z C ~, ti u ~ a a~ N C 0I m a~ m a ~3 _~ z°~ ~° °' .. ~ ~. a ~ a a ~ c rn ~ ' 'E ~i 5 r 0 c w a c ~ QQy C 3 _C C Q ~ ~ v ~T ('f}Y f... 0 ~ O ~~ afi ~~ QC Q~ O~ O~ r cQ r- m M d J fem., O ~ ~ - n~ z n. . . ~ ~ - ~ H t? ~ H H! 69 y - y . W V 0. .~. .~ ~ - C W _ a ~ ~ - ~ ~ ~ ~ ~ ~ ~ o ~ . o. m G U pp O U O U ¢g O, ~ S ca O V C1 cs OO] CV r x' ~ vi -~ vi .~ V1 ..~ ri ~ ii ui ~ ui sv . .a c ~ ~e - m ~ - .. ~ a' c a cy5 g T ~~~ o C~r~ ~ ~. p g V , p - C m C~ ~ its n. C' S ~ ~ Gt ~D .~ C~ ~ ~, U ~ (~' ~ ~ ~ ~ r Q ~ ~¢ •~ ~ ~ U V' ` ,,~j F. r N M V Vl ID [~ ~ Q F O o o 0 ~ 0 o ~ 0° °g °a _ ~ ~ vi r vi ui ~I D ~ Z Q. ~ .. ~ . H NS IA h y y H V a ~ o. o o o 0 o 0 ~ ~ ~ n o ya ' ` _ T' 4 r ~ Yom.. o N .„ ~ ' ~ N! .. b! H ~ H V! - H N rr .. ~ . C ~ ~ ~ .~ ~ a ~ F F ~. S ~ ~ ~ ~ ~ ~ ~ O . iif~Zt~ OZ ©ZU OZU -E}ZC) I f.. ~ tai .J J ...E . -i. .J ~ J O a u = D 8 LL' ~ °z~ ~ ,~_ VJ S~ G V V ]~~[1 ~ ( } C s~ O o ~ ~ a 4 a ~ o ~ ~ ~- 5 ° ~ ~ r v ~... .~ ~pp ~ .3 M L~ ~V W T' W ~ a° a° ~~ ~ ~ P ~ T ~~ ~~ ~~ ~ ~ o ~ o ~? }- m E- Oft H a a APPENDIX C CITY 01= DELRAY BEACH OLD GERMANTOWN RD SIDEWALK IMPROVEMENTS PRE-BiD CONFERENCE AGENDA CITY PROJECT.NO.2006-466 - CITY BID NO.2009-29 10:00 AM; APRIL 16, 2008 I. PRE-BID CONFERENCE -MEETING MINUTES - 1. Purpose of Pre-Bid Meeting: This pre-bidmeeting has been scheduled to acquaint the prime contractors and - others with the bid documents for Old Germantown Rd. Sidewalk Improvements Project. The City of Delray Beach is the~Engineer and the ,Owner for the project. The City of Delray Beach will provide construction management .and resident . .inspection services for the Project: ~ ~ . " 2. Scope of Projects . The work generally .consists of the foilowing: Construction of concrete sidewalk, Clearing and grubbing of the area between t#ie edge of pavement and proposed . sidewalk. and construction of new swales. FDOT Grant will fund this projec#. . Engineer's estima#e is $110,000,00. 3: ~ Project Schedule: . Bids will be opened on Thursday, .April 28, 2009~.at 3:Op PM at the office of the Purchasing Officer, City Hall, 100-NW 1~ Avenue, Delray Beach, Florida, 33444. - The work will be substantially completed within 45 calendar days after the date. when the Contract Time commences to run, and completed within 16 calendar days after the date of substantial completion. The Contractor .shah pay the Owner $50(3.00 for each calendar day that expires after the time specified for . - Substantial Completion and $500.00 for each calendar day that expires. between the time of Substantial Completion and Final Acceptance. 4. Bid Security: A Bid Bond, Certifed Check, ar Cashiers-Check in the amoun# of 5% of the bid must be submitted with the bid. The bidders must~utifize the Bid Bond form provided in the Contract Documents.. 5. Examination of Site: 1 Bach bidder is responsible for necessary site investigations to determine all sub- - surface conditions-and the facilities needed to execute the work in accordance with the contract documents. It is recommended that potential bidders inspect the protect sites befar~ preparationlsubmitta! of their bid package. 6. interpretation of Addenda: When questions.. raised are deemed appropriate by the Bngfneer, irk its sole discretion, they shall be answered ~in the form of Addenda. No oral answers to . ~ ~ questions will be given. All Addenda so issued shalt become. a part of the Contract Documents, and .must be acknowledged.. To receive consideration, such questions shall he submitted in writing to tike Engineer not less~than three (3}..days before the established date for the opening of~Blds. City~o# Delray.Beaci~ Engineering Division's~fax number is 561-243-7314. 7, Bid proposal. . Contract Price is based on unit price total of bid items 1-.14. ~. ~ . 8. Pre-Construction Conference; . ~~Pre-construction meeting will be held immediately upon execution of the contract by the City. Contractor shall submit proposed completion schedule . at this meeting. ~~ 9. Existing ,litlllties: ~ - Contractor is fully responsible-for coordination of all utility companies {e:g. FP&t., BellSouth, Natural Gas, Cable N, Clty of Delray Beach, etc.} and -far repairing,' at no expense to the Owner, utilities damaged during construction. 2 TRANSMISSION VERIFICATION REPORT TIME 04f 21 f 2009 07:1.3 NAME BRAND CONSTRUCTION FAX 5b1368318$ TEL 5b1366318p SER. # : . BRf]J8J86557E DATE, TIME 04f21 07:12 FAX NO.fNAME 24371b6 DURATION H0:~0:14 PAGE CS} @1 RESULT CiK ManE STANDARD ECM AaaENa~~n Na, z T~ CC?NTRACT DOCUMENT Eor The aLC1 GERMANTdWN ~IDEV~i~I-K IMRROVEI~'J~NTS CITI~ QF DEI.RAY BEACH PRa~ECT NC1, DUB-~66 Bla Nq, ~Oti9~29 April 2~,2~Q9 ~ ALL EIDaERS AND OT.~iER;~ ~C~NCEFiNED Contractors submitting prapnsals for the above-referenced pra~ect shall take note of the following changes,'additians, deletions clarifwcations, etc., to the Plans and Specifications which in accordance with the Contract Documen#s shall become a part of and have precedence aver any#hir~g shown ar described otherwise. i~C1TE: Bidders must ~clcrtawlecige Racaipt ~f this Addendum by: 1. Cn Page P-1 write °No. 2, Q412~IQ8" ~. Q n Pale A-7, Part 9 Q,d write " 2 to 2" ~. Write the wards "Addendum Na. ~n an the exterior of the envelope In which the bids are submitted Sincerely Yours, Begc~a kir~ane C~esigner. D1 ~~~~ 11f'`LChlf-11AA CI"tt"!C DCl'`CIOT /1~ AI'14'1~All"11 IAA Alr"t ri DV L+le"'+A„Nfr"+ dC, r~txl SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. sealed gid Nn_ ZnnA_29 to the City of Delray Beach for Otd Gprmantnwn Rnad Sidewalk 2. ThIS Sworn Statement lS submltted by grgtlg Cnnstrurtlnn lnrnrnnra#ed (Name of entity submitting sworn statement) 1=ederal Employer Identification Number (FEIN) ~~-27Qe1o~[~i (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement; 3. My name is James R_ Fedele (Print name of individual signing) My relationship to the entity named above is President 4. I understand that a "public entity crime" as defined in Paragraph 287,133(1)(g), Florida Statutes, means a violation of any state or #ederal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, yr material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entity of a plea of guilt or polo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), FJori ~, totes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The owner by one person of shares constituting a controlling interest in another person, yr a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls Page ~ of 3 c. another person. A person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. l understand that a "person" as defined in Paragraph 287.133{1){e), Florida Stafutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts led by a public entity or which otherwise.transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in management of an entity. 8. Based on information and belief, the statement, which l have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.} ® Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity were charged with and convicted of a public entity crime after July 1, 1989. ^ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity was charged with and convicted of a public entity crime after July 1, 1989. ^ The entity submitting this sworn statement, or one of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or the aft:Eliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Offrcer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED W PARAGRAPH (ONE) ABOVE, IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 2$7.017, FLORIDA sraTUrES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~~ ~~~ -~ ~ . ~ ~ ~~~at~7 (Signature) ~ rip 12g, 2449 {Date} Page 2 of 3 State of Florida County of Palm Beach On this 28th day of April 2089, before me, the undersigned Notary Public of the S#ate of Florida, personally appeared James R. Fedele (Name of individual who appeared before notary} whose name is Subscribed to within the instrument, and held acknowledge that he/slexecuted it. WITNESS my hand and ofFcial seal. ~~ NOTARY PUBLIC, STATE OF FLORIDA NOTARY PUBLIC SEAL OF OFFICE: C~c~~. ~c,~~~n (Name of Notary Public: Print, Stamp, or T as Commissioned) r•r~.n nn nnn nr,,, ~rrr~~r~~rgr~nu~rua CAROL gEGKN3AtV r~gAYrA~,,~ comm# uooa~la~a Personally known to me, or fxplres 11[11201© ^ Produced identification: ~_ ~=t.~°~'° FioridaNoteryAaen..lnC ~~ (Type of identification Produced} ID take an oath, or ^ DID NOT take an oath Page 3 of 3 STATE O~ FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD ($50) 487-1395 ' x.940 NORTH MONROE STREET `~+~*~. TALLAHASSEE FL 32399-p783 FEDELE, JAMES R BRANG CONSTRUCTION INCORPORATED 4300 OAK CIRCLE BOLA RATON FL 33431 Congratulations) With this license you become one of the nearly one million Floridians licensed by the Depar#ment of Business and Arofessional Regulation, Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque resfaurants, and they keep Florida's economy strong. Every day we work to improve fhe way we do business in order to serve you better., For information about our services, please log onto www.myfloridalicense.com. There you can find mare Information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratufatlons on your new license! gETACH HERE l ~~. ~ ~ Pf ~s& r ., ~ a ,~ ~ >~ s - ~.. ti,. ~~{~s tl<. f~,t; `~ ~'~.-1 `I .fit z_ y ~ y' _ - 4 - --,~,.x~~ atflr;t"s+saj~l~l~ a aF..~_„ ~ ~t ;~kti z f Z ~:- ti. -;. ~ 6 ~ - t !i ~ ' ~+FSt~>^ ~t ~ -%ii ~; h4 s S f, z -~t~ c €.. ~i ~ 3 Y r.' ''' /~, ~ )A j 4` > d r ~f L~~ii sly f,~Y -r i'.,~ ~ r ~. - - 'z ~- ~;~~s ~~~~~1'~y.,s~ijij V~~ ~ 4+ ~)c+~~e ! (~~'4., ~T ~~ el',y, j~t li `~~i~1j?~ tff Y ~ i~i ~f 4 ~ ~ 4~~•• j ~"x R ~~17 ~~if~. 4 .,yam - -.S 1 }S .. i;r 4; ~rJ l~Xr t~~~~~ a; ir• -SP~ g~+5 3~•~`~~7 ~t ~ gF~~y sy 4,f r v ~ t -t ~- ~ 3 ~ t~ ~7~ t -J-~ ~5 :i S Cf r5~~ ~'Sr ~ y Z. '~ t rr :'fit L ~. al, ~'} _ ~1 I ~r*~~ x~1 - ~~~~t ~~~~~ ~ sir ~ ~ -~`' t~l* f ~ ~ - ~ a ~ ~' ~ l ~ F ~+~~rs~5•>'+y~.s~,Yi '~,`i!"~ f ~ j ~ ~rt ~-~ 1r~ s '. -s ~ '~ ~ cY3'~lii~`.~ ~1 _ ;~~3s~.?',~ Ls}.,~?4~i~t+i',~ti~4.Tr,a~ _ ~t`~prt ~ Ha ,toy a._.:i i} t "~~ rv~ ~ -~ - ~~r'~c~y~tr ~;3i a c'3 ~ ~' `ill ~~ ~. ~"~ F ~ i .C ---l~~J i e~f: 14: I a c ; - 7F~ a 3 ~ -j 3 t , i ~ S S s < ,. ~~ n b~~°l > x f s`- y ,.~s n ~~`i.`~~1 ~-~. ~ ~ € ~~S~i '~s#`~~ r"z =b s.,e { ~e `f 4 '~ .. _ a e ~,ar.~r ~i ;31 f f ~ * ~~f t..,,~r < `S' ~ e '-`1 ~ t t~. !-: 1 ' s STATE OF FLORIDA DEPARTMENT OF' BUSINESS AND PROFESSIONAL REGULATION -.CONSTRUCTION INDUSTRY LICENSING HOARD [850) 487-I395 '~.~~ 3940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 BRANG CONSTRUCTION INCORPORATED 4300 OAK CIRCLE HOCA RATON FL 3343]. DETACH H~R~ a {~ ,~y ~hi• '(r"~;. +' '~' 7 ?xi ~~ /iet't T ~ z~" ,. y..i t•~hx i ~ ~ r r L- ti ~ ~' k < ~ ,~~- c ~ , r I ~ i • r } d ~{ n } >3 ~r 4 r t~;~r i{tr~~ yi`' ( e ~~. ~*A(}, F_~t':r~ gzJ1~ :,~ ? t~ a x k !ft 'r ~ i ~ rs _ "2`.s ~~ ~ 1* ~ i-0!~ ftlz ~~;}~~s f? 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Z'l ~ Ff ~J~ i ~_~~,~+~ {t 3i ~ya~~€L~ s ~ `} ~t rY ~ - .t - ~ - fi -~- ~.e" Cz•' S' T i tF-G ts~.7. t~ 1 r4?-[ ~' -Y"r 'Kx3V-~~- ~ ". 7 5 t,.t E i ~ ~a i _ ~T; { ,1~,y' ,,.°' ~ v 7 ~ ys-• s 3 .F 4: .. a -'s 'F t,~~f'~'~~ ~ ~' 31 -; t - _ i \ r .~ " t - _ ~.:i ~~i~` `tea{. 3 l rt- 4 ~z ~' S r`d - 5~ ~{C~ ri 1 ~1 t~ i I c - ~ s kt ~y .~SS ...~~.-~~~,5x .~-~p ii' ~;a 1 .~ it t J 'S F ~F_.. e~1}csl i4~'~~; ~{c! ~ ~ rr/S 11 F~ ~. ;- { 1 a( } ,j ~.~~~~ i ~ '~ ~ } ~ F'~~'F.t,}~~1~(}~'~ ~F{~c~~~ ti L31~i;17 tf ~_ ~+ ~ 73 `~1~~4 .}`~3~~'~ F}~j.,~ r~s'ti~~f4sL1 S~j-~, ~ l~r~ K h . ~= } i :? x 1 t1_ } i / - { i 'r' ~ SL . ~s`-; ~ S '~{;~k7; iti ~ ~'~3 1 f 4{ i 'A! --j ~'k ~`-~Y F F Et ~{ l t tf ~ ~,i F f. y~ + ~ - ~1 ~!?' - ~ , ~ .~ j ~. z3 're I ~ Z FS t 1~ • 1"~y G4~ i 3' Tt~ f@+~ \ 4 F' 4 { t ~ ~ F l "SC ~.;.1. i ~.~ ~1~ 4 'T IY y~ • l ~-4'~a~~'~4~f 5 '~ j e.. '4 '6 Y1:.i '1 {3)i ~ ki~~,~ ;~s -t{ -~ -Trvs_,'•s {f !r eF-f~t71 ~~~ ii~# 4..r ~,. t,Y~`~"iG ~~y€ ~Zf Y `~ i3 -,~7 z,~f ~ 'ra'G-i~ ~{.~ 4-`Jt<~x.~,~1.C:t~E(cY~ ..i`•s:~tl. ~~ ~' r a r. -`~ t~. 4 °is. II, BRANG CONSTRUCTION INC FI;nELE JAMES R 4sao oAic cIR i30CA RATON FL 3343'1-4208 Dear 1usiness Qwner: account Number; 2004-97528 This is your new local business tax receipt. Please keep the upper portion for your records and detach the bottom of this form. Verify the information and display it conspicuously at your place of business, open to the view of the public. This receipt is in addition to and not in lieu of any license required by law or municipal ordinance and is subject to regulations of zoning, health, and any other (awful authority (County Ordinance Number 72-7}. Receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt is surrendered and a transfer fee is paid. Receipts may be transferred to a new location when proof of zoning approval is provided; the original receipt is surrendered and a transfer fee is paid. Business name changes require a new receipt, This receipt expires on September 30, 2009. Renewal notices are mailed at the end of June. if you do not receive the notice by the end of July, please let us know. f hope you have a successful year, ~~.~ Tax Collector Anne M. Gannon, Tax Collector P.O. Box 3715 West Palm Beach, FL 334Q2-3715 WWW.TAXCOi_L.ECTORPBC.COM Tel:(561) 355-2272 ;~ ~ ~~~ J nTir n~ I *'b°° DETACH AHD A15PI.AY 80TTOM PORTEOH, AND KEEP UPPER PORTION FOR YOUR RECORDS 1X117° LOCAL BUSINES; RECEIPT # 09 OOC BRANG CONSTRUCTION FEDELE, JAMES 4300 OAK CIR BRANG CONSTRUCT 4300 NW OAK CIR BOCA RATON FI., 334?. THIS IS NOT A BILL Any changes in came, address, suite, ownership, etG wil.i require a new application within 15 days to avoid penalty or the license is null and void. Business Tax fee; 105.00 Penalty fee: .00 Lzte fee: .00 Additional fee: .00 Transfer fee: .O(3 Total paid; X05.00 tax at the above address for the period of October and ending the 30th day of in the business, profession or occupation of: )R,GENERAL Welcome to the City of Boca Raton. We are proud to have your business in our community You may cal! us at S6I-393-7937 if ou have questions relating to your business needs. Office hours are 8:00 M to 4:00 PM, except Wednesday the hours are 8:00 AM to 3:00 PM. Please verify all information on your Business Tax Receipt and notify us immediatelyy if there is an error. ALL CHANGES REQUIRE A NEW APPLICATION. Visit our website at: WWW.MYBOCA.US, "Quicklink" to Business Tax to download applications and to verify business information. Applications must be submitted in person with appropriate documentation and fee. If the business has closed or moved outside the City limits, you are required to notify the City in writing. Please past this "Business Tax Receipt" at the above location in a place where it may be seen at all times. A courtesy renewal notice will be sent 30 to 60 days prior to expiration. If ou do not receive the renewal notice, you must stlll pay the tax on time, Late penarties wil! not be waved if you do not receive the notice. The Business Tax may be renewed in person, by drop-boxwithin City Hall, by mail or by usin the website and click "online services" from the homepage. To renew online you will need~~yyo~~ur Business Tax Receipt # and your "pin" #. These numbers will be provided on your renewal native. We accept check, cash, mane~+ order, Visa, IvIasterCard or American Express as a method of a ent. Check must have Business Tax Receipt # and be made payable to the City of Boca Raton. DO NOT~L CASH. Failure to pa your Business Tax on or before the close of bustness an September 30 will cause penalties to be applied to the renewal tax as indicated below. PAYMENT AND PENALTY SCHEDULE DATE PENALTY EFFECTIVE: SEPT 30 OCT 1 NOV 1 DEC I PENALTY: 0% IO% 15% 20% 7AN 1 .~cMAR 3.~C %O 25%6 '~' $250.00 Registration #: 09 00081004 Issue date: 11/25/08 Registration paid: 30.00 BRAND CONSTItiJCTION FEDELE, JAMES BRAND CONSTRUCTION 4300 NW OAK CIR I30CA RATON FL 3;3431 r~~k t - # ~ _ ~ ~ - ~~ } _ ~ 5 - rS s ~T ~= ~-- i ~- ,,;~;~ -k ~:: ~~, ~~ t ~ ~~ - t ~,' •. ~~: ~ ,~ ~~. • 4 e ` -- TolaI paid: 30.00 **~`*THIS 1S NOTA BILL**$* Note: A~ay changes in name, address, suiEe, ownership, etc. will require anew application within I5 days. ~, _--''' Class: CONTRACTOR,GENERAL Reference Checks Call Log Brang Construction Incorporated SVCS Phone (954)481-1611 -talked to Mr. Keith Emery What type of work did they do for your company? Church buildings, Parks, City Community Center Did Brang Construction Incorporated construct sidewalk for you? Yes they constructed sidewalk around the park and church. How would you rate them on a scale from 1 to 10? They are very good. One of the best contractors. Very honest. He would score them with a 9. City of Boynton Beach Phone (561)742-6226 -talked to Ms. Jody Rivers What type of work they did they do for your City? Two buildings, and a recreation center Did Brang Construction Incorporated construct sidewalk for the City? Yes they constructed sidewalk. How would you rate them on a scale from 1 to 10? They are a very detail oriented. They did an outstanding job. The project manager was always on site. She would score them with a 10. Palm Beach County Phone (561)233-0208 - I did not talk to Ms. Karen Arndt left a phone message What type of work they did they do for your Palm Beach County? They did a building addition. Did Brang Construction Incorporated construct sidewalk for the County? .They constructed a sidewalk from the building to the parking lot How would you rate them on a scale from 1 to 10? They did an excellent job. She would score them with a 10 uru~ i - ~a' ~ n p... {i ~ t ~ cu~u _ _ _i_~.........._ ~' w z a n a .. s. i9m ~ ~ d cola ~-ae ..... ..... ..... ..... ..... ..... ..._ ~ ..._ s N .~~ U .~ O 0 0 U ~ CITY of DELRAY BEACH OLD GERMANTOWN RD DATE:O5/11/2009 ~~d ENVIRONMENTAL SERVICES DEPARTMENT SIDEWALK IMPROVEMENTS LOCATION MAP 41b O©p 434 SOUTH SWINTON AVENUE, DELRAY BEACH, FLOPoDA 33444 2006-066 1 OF 1 is L I N TON B O U L E V A R D MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: June 2, 2009 SUBJECT: AGENDA ITEM 8.0.3 -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 CONTRACT AWARD/CHAZ EQUIPMENT CO. INC. ITEM BEFORE COMMISSION Request to approve an award to Chaz Equipment Co., Inc. in the amount of $32,444.00 for rehabilitation of Lift Stations 11C, 20A, and 57A, as part of the annual lift station rehabilitation program. BACKGROUND The Public Utilities Division requested funding for the annual lift station rehabilitation program with current year's budget allocation at $65,000. The award allows staff to continue with the annual rehabilitation program, focusing on stations exhibiting the most deterioration. Earlier this year, Commission approved rehabilitation of Lift Station #18 (Andrews Avenue) in the amount of $16,650. This request is for rehabilitation of Lift Stations 11C (Delray Park of Commerce), 20A (north end of Catherine Strong Park), and 57A (SW 28~' Ave, Woodlake subdivision). Utilities Maintenance staff solicited quotes for the rehabilitation of these three stations, receiving quotes for this work as follows; Chaz Equipment Co. Inc. in the amount of $32,444.00, Technical Inspections, Inc. at $34,125.00, and Murray Logan Construction, Inc. at $59,300.00. Chaz Equipment is the apparent low bidder. In addition, their quote utilizes many of the unit price items from their existing annual contract with the City for Sanitary Sewer Manhole Interior Rehabilitation. This contract is active through September 30~', 2009. The scope of work includes by-pass pumping of the stations; furnishing and installing new stainless steel base plates, flanges, and gaskets; installation of break-away fittings and new pump guide rails with associated brackets; and the installation of a protective coating. Break-away fittings and guide rails to be furnished by the City. FUNDING SOURCE Funding is available from account #442-5178-536-68.15, Water and Sewer Renewal and Replacement/ Lift Station Rehabilitation. RECOMMENDATION Staff recommends an award to Chaz Equipment Co., Inc. in the amount of $32,444.00 for Rehabilitation of Lift Stations 11C, 20A, and 57A. STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this day of 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and Chaz Equipment Co. Inc. (hereinafter called CONTRACTOR). WITN ESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR shall include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form PAGE NUMBERS 1-5 6 7 8-9 10 -11 Page 1 CONTRACT DOCUMENTS (cont'd) Drug Free Work Place Certification (if not provided in other bid) Performance/Payment bond Proposal PAGE NUMBERS N/A N/A 12 4. The term of this contract shall commence upon execution of this agreement by both parties and shall continue for a period of 60 days 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Chaz Equipment Co. Inc.. 3180 Fairlane Farms Rd, Suite 1 Wellington, Florida 33414 (561) 333-2180 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior written consent of the CITY. Page 2 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. Page 3 The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form: City Attorney WITNESS: CONTRACTOR: BY: Mayor (Print or type name and title) (Print or type name and title) Page 5 (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by (name of ofFicer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her identification. (type of identification) as Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Page 6 CERTIFICATE (If Corporation) STATE OF FLORIDA ) SS COUNTY OF ) HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED", that , as President of the corporation, he/she is hereby authorized to execute the Agreement dated , 20 ,between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of , 20_ (Secretary) (Seal) Page 7 A. GENERAI. During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs ~1) to %4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shalt conform to the following minimum requirements: 1. Worker's Com_ pensation -Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Pedera! Laws. In addition, the policy must include Employers' Liability with a limit of $100,000 each accident. 2. Comprehensive General L_iabii' -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a} Minimum limits of $300,000 per occurrence ~mbined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises andlor Operations. c} Independent Contractors. d) Products andlor Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy -Coverage must be afforded on a form no more restrictive than tyre latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit ft~r Bodily Injury Liability and Property Damage Liability. b) Awned Vehicles. c} Nired and Non-Owned Vehicles. d} Employer Non-Ownership. 4. Cerkificate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. T_he required certificates of insurance shall not only Warne the woes of noiicie5 tarovided, but shall also refer specifically to this bid and section and the above paragraphs in accordance with which such insurance is being furnished. and shall state that such insurance is required by such aragraphs_of this_confract; The successful bidder will include the City of delray 8 Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates steal! be fu~ished thirty (30) days prior to tt~e date of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor ta° and "but failure to mail s~€ch notice shat! impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed opt as indicated on the attached "sample of Insurance Certificate". 9 rrtr~~..~...ar~uwryc. ru~~y.,ue~an.....w.............~...- .~. ~CORt]_ CE~T~FlCATE ~F L~A,BILf1 Y1[ V'FR R. v. sotason rllgeacy, Inc. (~GTC) 21141 E Gin Blvd. Stuart Fla 34995 Bhpne:77Y-28?-3365 ~`ayc:772-28?-4439 .T i ~ gipgline, _ 1slc 5473 3~. 87e Drivs F,alce ;[orth !Z 3546? Y ~NSURA~1iCE `~'~'~"°°' ~~ ~ -1 06 05 08 I THIS C~TIF~CJITE i5 t43ilED AS A 1MTTER OF BiFORMATtOlrE QNLY ANO C41iFEltS I110 it~cHTs l#PON THE CERTlF'!ClITE ~pt.~. THIS cEItT~ICATE Oo~s ter ExT~Na OR ALTER T1iE COVERAGE APFOR~ @Y TH E POLlCIlrS BELCIAI, t;1913RER8 AFF~G COYE1tAliE - 1iiUC 8 !IJ$I;IZERA: L~CCI IasuratfYCe Cc~paa 2Q19S r~s~xft c ~~rr AVERAGES itE POf.tCrCS OF ~ LISIED BELOW }hVE BE'6+I IG4~ T4THE N61A7E6 W V~A80VE FOH TFE PQ.IGY P~23'OD ~AIL'117I~ N NIY #i~OLRf7E6B7I, 7F33d OR L~lE3ti10[I OF ANY t~H~RAiCf Oft QIF6t pOC(IY~If'MIH TOV17'P[7tTFi5 CERI~Ig47E INKY 6E' AN1Y PE-CtT11R6 7FE RL4RNrCE I~FOIalER6Y fl£ POLICIES 1]ES~ FlEAERI t5 SffB,fECf TOALL 7rE 7ERlM.a. t7¢YE1510N81MD p~pLICIES. Af3C1~GAE LMfIS StiOM;Tt MAY FYM1YE BE#>7EOl1F~BY Pal[) fJJ10~N6. :TR T1f~'E ~ lOEJCY MIAMIGR OR ~fIMi40lTT} dRE SEI¢RN. l1ABf.IFY ~ x //-Lf£GETIALLUISr.EIY L~[a00Ei1615 03/31/DS 03131/a9 f~ x0 x ca2a.~3-~.lf:t u 6TM_P6Gi>EGR7E L9~TAPPI.1£S POc PaLfcY Loc nuroMOBaF L1RBK.RY ~ AmAUra QAaOf#0744 03/3i/0B 03/31/09 ALL OVYEEP AIJIOS ~oArtres S Hi7E~A~.IiC3S X Ice~.ov~e~oAUrs+s r3iiRA6E LIAHLiIY AI+IK A7ffO LYt9tidIY ~ occtrz ~ aASlst~ l1l.ffif100311 ? 03/31/OS 03/31/09 t~Epuctfati; I7F19~IIDN f la , Opa ~~Y~~ ~ ~Y 45771 03/31/08 03/31/09 ~oca~ a Bgaipmeat !'loafer s~oaD~oo? 03/91/08 03/31/os ~l3,1 r3sL: iacl that rLOUtTIONf a Eaceulaaus ~ eYSOO~+ra sP~o~ 80 days nat:l.ce o~ ••~~••~l1atiom fox snnxters satioa cav~erage. Caam~Iltieal have tAe option to nrncal 1a daya fox aoa'paYmt4t- City of Delray Reach is 13.ated as additio;tal iassred per >sosa- OQ2t1: ?1WI7HSfAtANCs SSIED OR fTlpflS OF &J(!i E~H1' ~uplocrei~I+ci: ~ sl,a0o,oc0 , f too ooa .rrv~vwr~»ru ss,oao PE~M~LdAFNML~.ItY i 7.,0#IO,OpO GB~ERrLAGATE :2,a0a,000 PROQJCf&-L'OIE'Af7PAGG s2,40a,0oa twr ct,liGa,a00 { x~ ; (n ~ ; (PareordtlKn f Akf[OOf1Y-EAA(7~I f OTIETt ~4iIN Fh/YCC ; 11RO OfLY: AGG ; FJ,CII« iz,o0a,0oo AL~CJ-iE ;2,Ofl0,00a t s t SORI'LR~LiS x ,~ ~f:~+ctI~HT ;500000 ~~.st:-€~r~oYf~ i 500000 ea.f]ISFASE-?Otx.YtlrYr t500a0D Lim£t ~70,OD0 doc[ $1,aoa 13. CFRTFFICATE HOl.OER c.nn~.vf.W+i tir CI~p3 lltoULC ANI! ~Tlf ABOVE O f+f9l.ICCS BE CAlICSLEG TIf E1~iRAZ10AF aAT~ YIEIIE=-0F, TI6 t/i9t~R9Y~.F, EiR7~ MAI. 10+ GAYS tiIRli18t Nallr~m~Ti`~IaLS~lw~uiv'rleLe+~ eu-~ruLUn~iooowalt~,tf. MPO:E iIO oaLr.A,~ ort t~lnr aF ArIY~a~o Iaroll-nIE . ITS A~ aR City of Delray Seaat>< REPRElHRATAIEf. 100 ~x i8t l-ve Delray Beach FL 33444 ~~ ~MP4RTANT If the certificate holder is an ADDITIONAL 1N8URE~, the policy(ies~ mus# be endorsed. A statement an this certificate fines not confer ricfhts to the certificate holder irl lieu of such endorsement(s). If StJBI:iC~RTIQN IS WAIVED, sut~jeet tQ the terms and conditions of the poticy, certain policies may require an ertdnrserneM. A statement ors this certificate does n~ confer r+ghts to the certificate holder in lieu of such endorserrrent(s). t~ISCUIIMER The Certifi~te of Insurance an the reverse side of this forrr~ deer not c~stitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirnmtively or negatively amend, extend or alter the coverage afftarded by the policies listed thereon. 11 _ ~ _ `' '~~''~ < < ,l~ " . _ ~~ ~ ~ ~ ~ e y. •~, --~ ~ _ ,@ _ ~ ~~ r ~ ~~~ - ry 1 ~ r R LA A ~~ ~ ~ ~12~ - ~ ~ 7Cechnical Inspections, Inc. 808 5.~. Imperial Drive Palm City, F134990 Offce (772} 597-5755 Fay (772) 597-5750 Proposal April ~ 5, 2009 Attention: Mr. Harold Williams & Mr. Milton Willingham City of Delray Beach Phone (561) 243-73Q6 434 S, Swinton Ave Fax (561) 243-7344 Delray Beach, Fl 33444 fie: Lift Station force main repair Ire-piping Please find below proposal for the following sewer Lift Stations in accordance with the C©unty of Martin annual agreement far water! wastewater specialty repair w©rk (Tiicl# ATT2008-2178} L~S# -2(I-,4 Scope of work as follows: ® Set up and maintain bypass pumps/ of influent sewage. ~ Remove and replace existing 4" D.I.P. discharge force main piping & top 90's with near PVC C-900! DR- l 8 piping & DI 401 lined 90's stopping a# the check valves. o Remove and replace 4" pump base 90's & guide call system (Y2} (Supplied by city} Pay item r~escrabeel as farce grin Hain. cQS#- ~~ 3,44 3,544.44 ~a~naera~ Dena descr°il7ed ras repair wore n©# speci~crrliy listed l ~} trx~rrr rave $75.40~man (~ man crew} 4,844,44 c~ratinraerd Payment item described as lift station rail replacement (XZ) ~ soD. 1, DDa. oD ~©tal $ 9 3aa.oD Ls# -Ir-~ Scope of w©rk as fallaws: • Set up and maintain bypass pumps! of influent sewage. a Remove and repiace existing 4" D.I.P. discharge force main piping & top 90's with new PVC 0900/ DR~ 18 piping & DI 401 lined 90's stopping at the check vaives. ~ Remove and replace 4" pump base 90's & guide rail system (XZ) (Supplied by city) Fay item described as Force Main min. cost ~) a~ 3,SOfI 3,SDQ.DD Payment item described as repair work not sped acally listed (X18) labor rate $75. D4/man {4 rrta~t crew) 5, 400, QO Payment item described as lit station rail replacement ~X2) a~7 5(ID. 1,DDO.D4 Total $ 9,9DD.DD LSD ~57 A Scope of work as follows: ~ Setup and maintain bypass pumps/ of influent sewage. ® Remove and replace existing 4" D.I.P. discharge force main piping, top 90's, check & plug valves with new PVC C-9001 DR-18 piping & DI 90's tying into force main outside valve vault with 4" isolation valve. o Remove and replace 4" pump base 90's & guide rail system (X2) (Supplied by city) ® Repair cracks and coat lift station valve vault 3' X 4'X 3' deep Pay stem described as Force Mann min. cost- (XI) @ 3,SD0 Payment item described as repair work not specifically listed (Xl8) labor rate $75.00/man ~4 man crew) Payment item described as lift station rail replacement (X2) @ 500 Paytraent item described as replace 4" valves (X.2) @ 1,80© Payment item described as coat lift station per LF (X3} @ 475 (~ V. 3'X4'X3 3,500.00 5,400.00 1,00 00 3,60U.00 .1,425, 00 ~''otal ~14,g25.00 Grand total $34,125.00 Thank you in advance for considering us to be of service to the City, Should you have any questions please contact nae directly @ {954) 899-4703 Tom Vitale Jr. HURRAY LOGAN CONSTRUCTION, INC. General Contractors 313 65th Trail North West Palm Beach, FL. 33413 TELEPHONE 561-686-3948 FAX 561-686-7465 TO: City of Delray Beach QUOTATION DATE; April 13; 2009 434 S. Swinton Avenue Delray Beach; FL 33444 Attn: Milton D. Willingham NAME OF PROJECT: Lift Station # l I C -Rehabilitation LOCATION: City of Delray Beach PLANS AND SPECIFICATIONS: None WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: Rehabilitate the existing discharge pipes in Lift Station # 11 C as follows: 1: Supplyfii~stall a temporary sewage by~-pass systems, 2. Clean existing wet well. 3. Remove and replace existing discharge pipe and fittings from the base elbow up to existing check valve in valve vault. Discharge piping to be C-900 pvc. 4. Supply/install coal tar epoxy coated steel base plates. 5: Install owner furnished base elbows: 6. Reinstall existing guide rail system. LL7MPSUMPRICE: $16,500.00 Notes: L Access, survey; as-built drawings, base elbows, pumps, electrical, controls, wet well rehabilitation; interior coatings to wet well and valve vault and permit fees are excluded. I3UYER5' SIGNED ACCEPTANCE CQNSTi'TUTES A BINDING CONTRACT. IN THE EVENT THERE LSANY DEFAULT IN PAYMENT DUE TINDER THIS CON'T'RACT AND THE SAME IS PLACED IN THE HANDS OF AN ATTORNEY FOR COLLECTION, THE PURCHASERAND/OR PURCHASERS Ia~nY AGREE TO PAY ALL COST OF COLLECTION INCLUDING, BUT NOT LIIVIITED TO, A REASONABLE ATTORNEY'S FEE. TERMS NET 30 DAYS. ACCEPTED: HURRAY LOGAN CONSTRUCTION, INC. By: By: Date: Title: Kurt Kapsos. Secretor-treasurer HURRAY LOGAN CONSTRUCTION, INC. General Con#rac#©rs 3 i 3 65th Trail North West Palm Beach, FL. 33413 TELEPHONE 561-686-3948 FAX 561-686-7465 TO: City ofDeh-ay Beach QUOTATION DATE: April 13, 2009 434 S. Swinton Avenue Dekay Beach, FL 33444 Attn: Milton D. Willingham NAME OF PROTECT: Lift Station #20A -Rehabilitation LOCATION: City of Delray Beach PLANS AND SPECIFICATIONS: None WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: Rehabilitate the existing discharge pipes in Lzft Station # 20A as follows: 1. Supply/install a temporary sewage by-pass system. 2. Clean existing wet well. 3. Remove and replace existing discharge pipe and fittings from the base elbow up to existing check valve in valve vault. Discharge piping to be C-900 pvc. 4. Supply/install coal tar epoxy coated steel base plates. 5: Install owner furnished base elbows. 6. Reinstall existing guide rail system. LUMP SUM PRICE: $20,QOfl.00 Notes: 1. Access, survey; as-hunt drawings, base elbows; pumps; electrical, controls; wet well rehabilitation, interior coatings to wet well and valve vault and permit fees are excluded. BUYERS' SIGNED ACCEPTANCE CONSTITUTES A BINDING CONTRACT. IN THE LG'VINT THERE TSANY DEFAULT IN PAYMENT' DUE UNDER THiS CONTRACT AND THE SAME IS FLACED TN THE T-TANDS OF AN ATTORNEY FOR COLLEG"T'iON, TfTE PURCHASER ANT)/OR PURCHASERS HEREBY AGREE TO PAY ALL COST OF COI.T.ECTION INCLUDING, BUT NOT LIIVTI'T'ED TO, A REASONABLE ATTORNEY'S FEE. TERMS NET 30 DAYS. ACCEPTED: HURRAY LOGAN CONSTRUCTION, INC. By: By: Date: Title: Kurt Ka sos Secre (Treasurer HURRAY LOG.AN CONSTRUCTION, INC. General Contractors 313 65th Trail North West Palm Beach, l?L_ 33413 TELl;PHONE 561-6$6-3948 FAX 561-686-7465 TO: City of Delray Beach QUOTATION 434 S. Swinton Avenue Delray Beach, FL 33444 Attn: Milton D. Willingham NAME OF PRO.IECT: Lift Station #57A -Rehabilitation LOCATION: City of Defray Beach PLANS AND SPECIFICATIONS: None DATIJ: April 13, 2009 WE PROPOSE TO FURNISH ALL LABOR, MATERIAL AND EQUIPMENT TO PERFORM THE FOLLOWING: Rehabilita#e the existing discharge pipes in Lift Station # 57A as follows: 1. Supply/install. a temporary sewage by-pass system. 2. Clean existing wet well. 3. Remove and replace existing discharge pipe and fittings from the base elbow through plug valves in valve vault. Discharge piping to be C-900 pvc. 4. Supplylinstali coal tar epoxy coated steel base plates. 5. Install owner furnished base elbows, check valves and plug valves. 6. Reinstall existing guide rail system. Li7MP SUM PRICE: $22,800.00 Notes: 1. Access, survey, as-built drawings, base elbows, check valves, plag valves, pumps, electrical, controls, wet well rehabili#ation, interior coatings to wet well and valve vault and permit fees are excluded. 2. Price quoted is based an closing S.W. 28th Ave in front of the lift station for the duration of the project. BUYERS' SIGNED ACCEPTANCE CONSTITU'T'ES A BJNDING CONTRACT. IAI THE EVENT THERE ISANY DEFAULT IN pAYMENF DUE UNDER THIS CONTRACT AND THE SAME IS PLACED IN T'HE I I.4ND5 OF AN ATTORNEY FOR COLLECTION, THE PURCHASER AND/OR PI}RCHASERS HEREBY AGREE TO PAX ALL COST OF COLLECTION INCLUDTI~TG, BUT NOT LTNTI"TET) TO, A REASONABLE ATTORNEY'S FEE. TERMS NET 30 DAYS. ACCEPTED: HURRAY LOGAN CONSTRUCTION, INC. By: By: Date: Title: Kurt Ka sos Secre /Treasurer MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Guy Buzzelli, CEO Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: June 4, 2009 SUBJECT: AGENDA ITEM 8.0.4 -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 PURCHASE AWARD/TRIGEO NETWORK SECURITY ITEM BEFORE COMMISSION The IT Division is requesting approval for the purchase of a proactive network defense Security Information Manager (SIM) from TriGeo Network Security Inc. as a sole soure vendor in the amount of $30,312.00. BACKGROUND The proactive network defense from TriGeo is the only real-time fully automated security information manager (SIM) on the market today. This technology not only alerts you, but also takes real-time action when modeled behavior is identified. The active response system captures, correlates, and responds to both network attacks and insider threats - at network speed. The system responds to suspicious or malicious activity within the City's network system. Blocking or routing traffic, shutting a machine down, ejecting USB devices, disabling accounts, and modifying privileges are just a few of the actions that can be initiated in a fully automatic fashion, in real-time. This automated SIM by TriGeo is in use by Home Land Security and has been purchased by the Florida Lotto Commission. FUNDING SOURCE 001-1811-513-46.90 GENERAL GOVERNMENT INFORMATION TECHNOLOGY REPAIR & MAINT. SERVICES RECOMMENDATION Staff recommends Commission authorization for the purchase of the Security Information Manager (SIM) from TriGeo Network Security Inc. in the amount of $30,312.00 including all discounts, shipping and handling. ~~r~~~o NetWOr~c S~c~l"ity TriGeo Sales & Service Quate Contact Marne: Guy Buuelli Date: June 3, 2009 Company: City of gelray Beach Terms: Subject #o Customer PO Terms or Net 30 Address: 100 N W 1 st Ave. ®rder Payment: Agency check or credit card CitylStatelZip: Eaelray Beach, FL 33444 Installation; Scheduled Upon Acceptance Phone: (561) 243-7149 Tax ~ Shipping: Added to invoice E-41AaiL• Buzzelli@ci.delray-beach.fl.us TriGeo Contact: Jamie Wrnterset VP of sales iwinterset(cr7.trioeo. cram 208.415.0225 TriGeo Account Manager: Bab Van Vooren Proctrsc~ Price 4~Y Extended 1 TriGeo SIM E.eve14-330 (3U) $28,221, 1 $28,221 ~. TriGeo Node software license $75 161 $12,075 3 USB t3efenderTM $0 1 $0 4E SNORT Intrusion Detection System $0 1 $0 5 System Implementation & Training for 1 person $4,000 1 $4,000 6 5uppart & Product Upgrades through Oct 1, 2009 $1.,344 1 $1,344 7 Shipping and Handling Charges $422 1 $422 MSRP $45,Dfi2 rvd ®~ parr grad 5~~~~~i~ s~oaer Dffi~o~,r~a~ ~'~'~ ~~~ ,~~~) ~ (~~~~~~~~ Total ~~~,~~.z >ru~k ~ 1!*~ ~~~ p 1A k"~b.wd ~G.d 9 ~7EO.~6 M.68-~9 ed i~9®9 ~p ~3 ~~P ~:#c`~ :F s'rf: ~'AYiAIIENT' TERl~15; Subject to Customer PD Terms or Net 30. Casts of shipping and handling are included in the prices shown above. (f applicable, state sales tax will be added #a the price of all products unless Customer provides written evidence of exemption prior to shipment. Tri~eo Network Security - 570 Clearwater Loop, Suite 9 Post Fails !p, 83854 -Phone: 208/669-7000 ~ Fax: 2081668-97'1Q Page 1 of 2 ~. -v ~letwork Security :~ June z, zooa Guy Buzzelli City of Delray Beach 9 00 N W 1st Ave. Delray Beach, FL 33444 Mr. Buzzelli, I am responding to your request to provide the exclusive features of TriGeo Network Security Inc.'s "Security Information Manager", a unique security infarma#ian management (S1M) technology that meets specific criteria far City of Delray Beach. TriGeo is the only real-time, fully automated SIM on the market #oday. TriGeo's truly unique functionality is the ability to not only alert you, but a[so take real-time action when modeled behavior is identified. This is referred fn as "automatic remediation" in general industry terms or Active Response as identified by TriGeo. Only TriGeo can respond to suspicious ar malicious activity by ejecting USB devices, disabling accounts, modifying privileges, blacking or routing traffic or shutting a machine dawn --- just a few of more than 30 actions that can be initiated in a fully automatic fashion, in real-time. While most products provide various notification options, such as email or pager, few go much farther. Where they do, they require human intervention to confirm or activate any pre-programmed responses. TriGea's Active Response is fully automated, without human intervention and performed in real- time to stop potential security fihreafis on your network, 2417. E=or exarrrple, upon discovery of unauthorized part scans on you firewall, TriGeo can be configured to act nn your behalf, when your threshold has been met, and automatically block the offending IP address from further intrusion. USB-Defender is bundled with TriGeo's Windows agent and provides the critical real- #ime event traceability needed to identify and log the use of USB mass storage devices. V1~th TriGeo's USB-Defender it's now possible to detect USB device insertion and capture dozens of forensic device details such as manufacturer, serial number and device capacifiy. While its data collection and logging abilities frll a much needed role, the real power of this soiu#ion is in concert with TriGeo's event correlation and active response or automated remediation technology. TriGeo's arsenal of active responses include the ability to "eject" the device, or take broader actions such as disabling the user account ar even quarantining the workstation to prevent information leakage Or, perhaps an unauthorized logon occurs after normal business hours. TriGeo can identify and stop this malicious attack by disabling an account or perhaps disconnecting the machine from the network and prevent the intruder from gaining access to your network. __- 5t.0 Clearwater Loop, Post Falls, ID 83854 ~' 2Q8.664.7(IOQ Fax: 208.666.971©®info@trigea.COrn ~;.,; ~. ~ ~ ~ ~ .~,~ y . ~ Tr(C~~~ ~F Network Sccuri#y , ~~ ,~ ....,. Additionally TriGeo has secured the following patent with others pending relating to our unique proactive security technology as #urther validation of our sole source s#atus: D©CKET Serial No Title Pa#ent # TRIG 102 111355,233 Match Network Canstruc#ian _ 80/856,338 These are pa#en#s pending - Correia#ion Rule Builder Tempura! Knowledgebase Real-Time Threshold S#ate Analysis I hope this better clarifies our unique abilities and any questions about nur sale source status. Please see the additional a#tached letter of confirmation that TriGeo Netvuark Security, inc., as the manufacturer of the TriGeo Security lnfom7ation Manager appliance, is the sale provider of this #eChnalagy. Regards, Jamie Winterset VP of Sales TriGeo tVe#work Security, inc. Ph: 208.4 5.0225 Email: jwinterset@#rigeo.cam 5~.8 Clearwater Loop, Post Falls, ID 83854 '~ 2©S.F64.7(t0© Fax: 2©8.66b.3710 ®infa@trlgeo.corrt ~~ Tr~~ ~~tvvc~rk ~~~uri March z~, zo07 To Who~r~ It May Concern: Thas letter is to acknowledge the fact that TriGeo Network Security, Inc. ("TriGeo"j; an Idaho Cozporation is the sole provider of the TriGeo SIM. Sincerely, Ra and ely, . . Controller TriGeo Network Security, Inc. 510 Cleazwater Loop, Suite 1 Post Falls, ID $3$54 z08-664-7000 20$.-666-97I 0 (fax) . , r~eely~a,tri;~eo.co~~n www.tr:i eo.corn 51~ Clearwater Loop, Post Falls, ID $3854 ~ 208.b64,70QQ Fax: 2f1$.bbb.971€l G.~ infoCtrigeo.com ~~~~ ~ `~ r• ; ~~~ W xc1k.~ Ne'~1V10fk,S~CU111 }! a } ~ Oar ~~~ 4 ~~o,~.m~~~s~~~.Iffgtgl~t~~~~~ ~~~~~ ~: ~cur~y Inf~~ati~ ~r~ ~~nt n~rn~t ~~E ~ ~n ~°®~~v~ eta®rk e~~ity Information technology and security prnfiessionals are literally drowning in data. The devices and systems they`ve deployed #o protect their arganizations generate millions of events every day which are virtually impassible to analyze without automation. In spite of the complexity, this data must be analyzed -both to ensure the integrity of the customer, credit card, or patient data, and also to meet serious regulatory requirements and fiduciary responsibili#ies. To be effective in network defense, and not just for forensic analysis, the network and security event data must also be analyzed and correlated in real-time. There are numerous obstacles to performing this task efficiently, securely and with minirrtal personnel resources. ;~ The first significant obstacle to real-time event correlation is the fact is that Wane of the care defense technologies deployed in the classic defense-in-depth and hest-af-breed model are designed to corr~municate with each other. They are simply paint solutions and represent silos of information. The data from these disparate systems must be aggregated and normalized to a Gammon taxonomy - effectively, a universal translator is required to map the French, German, Russian and Chinese of the various technologies in to English. Another rnajar obstacle to real-time event correlatinn is the construction of the correlation rules. Few organizations think in terms of correlation rules, but they are certainly familiar with network policies and they can describe business rules and objectives. The challenge is to find a way to bridge their knowledge and objectives with the construction of correlation rules, without requiring 1T personnel to become system programmers. At TriGeo we tnok a unique approach to security information and event management (STEM). Traditionally, the STEM function was viewed as passive and forensic in nature. We recognized that STEM sits in a unique pnsitian in the network, and its enterprise-wide view represented an opportunity to create a new network defense technology. At the heart of that technology is the ability to perform real-time event analysis and correlation. The millions of events flawing through management consoles would be virtually meaningless if it wasn't for the analysis and correlation used to identify, notify and respond to suspicious behavior, malicious activity and pnl'€cy violations. In achieving our goal to deliver effective, affordable and usable real-time event correlation, TriGeo created truly innovative and ground-breaking technology. TriGeo has filed four pa#ents around this care technological advantage which is real-tune event correlation and active response ar threat mitigation. The primary attributes of this technology are described below: ].. The heart of security information and event msanagement is correlation, and TriGeo's patent-pending technology operates entirely in memory. TriGeo's design suffers from none of the database bottlenecks of competing systems, which is critical in high-volume attack situations. As the only b4bit STEM appliance, TriGeo's multi_dimensional cnrrelation engine can detect behavioral anomalies in real-time. 2. The most powerful correlatinn engine would be useless without a significant library of pre-built rules (over 5010) and the ability to rapidly construct new rules tailored to a specific organization. TriGeo's patent-pending Rule E3uilder was described by an independent review "as easy to use as Legos". 3. TriGeo was designed firom the start as a network defense tool. Given its unique view of the network and its integration with dozens of network products and operating systems, TriGeo actively defends the network. It's the brain as well as the arms and legs for arganizations that don't have the luxury of 24/7 security operation Gen#ers. C3nly TriGeo can respond to suspicious or malicious activity by disabling accounts, modifying privileges, blocking or routing traffic ar shutting a machine down - just a few of dozens of actions. r~r--~+~~~,ism:s~~::s::'r~?.~:Se~~~.~.~e~rtar~'M:TM..a.~';~::t~+:~r.:~.~3> TrIG~O y w,n.~sa~r _~:,,< .; y~;~ y 1::.:....... ~ri~eo's erre~-~'€ carrela~tior~ #echnalogy, ~r~o~fr~ as ~&C i;~'ffectivw alicy l:~s°augF~ ~n'ee€ligen~ ~orrelatirsr~), is patent-pending technology designed specifically for high-performance, real-time analysis and multi-dimensional correlation. To gain a better understanding of the revolutionary nature of the EPIC system, we'll examine the traditional approaches to correlation and contrast them with TriGeo's approach. Multiple event correlation systems look for patterns of behavior by evaluating discrete elements from distinct events to uncover significant relationships. Increasing the number of evaluated events and related elements increases the likelihood that a target pattern of behavior will be detected, but can also add exponential complexity to the relationships. To be effective, multiple event correlation systems must be able to construct complex, multi-dimensional correlation rules to detect significant patterns of behavior. Sirrrilarly, real-time event analysis and display systems should distinguish between significant and insignificant events. It is also critical that there be a mechanism to build the correlation rules quickly because the need for targeted monitoring or network assessment can change quite rapidly. Traditional event modeling techniques make it tedious and time consuming to build multiple event correlation systems. Existing techniques rely heavily on text-based data entry, extensive lists of correlation elements, rudimentary evaluation precedence, and event relationship metaphors such as nested parentheses. To minimize complexity, these systems often place arbitrary limits on the number and type of data elements ar fields that can be used in the correlation rules, and rigidly enforce linear or static evaluation paths. Where graphical interfaces have been used, they typically utilize multi-state, banded, tabbed, ar wizard-like rule construction models. These interfaces attempt to minimize the complexity by breaking the process into individual components and associated steps. These interfaces can produce limited multiple event correlations, but are only marginal improvements over pure text-based systems because the multi-step process involved still requires considerable time and effort. Also, the results suffer from significant limitations imposed by the rigidity of their designs that allow for only a fixed set of combinatorial possibilities. Existing graphical design approaches are further harr~pered by the fact that the relationship between the various elements cannot be seen or manipulated; in many cases, the process is entirely linear, and subsequent steps in the process can be completed only after previous elements have been defined. A simplistic example of this design approach is the Outlaak Rules wizard. Most iT pro#essionals have used this foal to construct mail processing rules, and it illustrates the limitations and constraints common to wizard-oriented rule construction. TriGeo's approach to real-time event correlation is unique in many ways, and chief among them is the Rule Builder graphical user in#erface. It's generally referred to as a "white board" model because you construct rules by dragging elements on to a cen#rai expression panel. The interface incorporates comfortable and familiar techniques such as drag and drop, an €cen-based tool panel, and a graphical abject selection panel. Experience has shown that IT personnel can effectively use the tool in a matter of minutes. In addition to the ease with which new rules can be created, TriGeo has incorporated hundreds (currently over 5U0? pre- built correlation rules that cover critical network infrastructure, change management and network security functions. We believe this extensive library of rules is the largest in the industry and it continues to grow. As an element of the Rule Builder interface, we've made it trivial to clone existing rules and tailor them to an organization's unique requirements. It`s often valuable to create subtle variations of rules. Eor example, rules can have time of day, and day of week sensitivity where one rule simply notifies lT personnel during business hours, and a related rule takes a much rrrore aggressive response, such as quarantining a machine, when the activity takes place after hours. In this way, the TriGeo rules are actually an effective Expert System, and we empower IT teams to construct models of analysis and response that mirror the activities they would perform if they could work 24171365. As one of our customers aptly stated, `7 can't' a}ways be there. 7rrGeo can." In the design and implementation of TriGea's real-time event correlation technology we identified and responded to a number of factors that we recognized as critical elements of effective correlation technology. These factors are outlined below, and presented with contrasts between common approaches and TriGeo's unique approach. r ~y Tr~G~o ~:~~~:;.: °<•r,.:r~~r~~~,t~:.r.~a;°,.:;~,~~~:.;ez-:~~:.~s~u~.~rs~~;~,s~~~~az.~.~.~~,xors,;~::a~.,~r~;"^~sa2~•~~r~ta~.a~. W,SwM 59cV~h lea€-Tirr3e ~,nalys€s !s the data evaluated in real-time, ar will you be waiting for polled data the#'s guaranteed to be at least 10 or 5 minutes behind? You can't correlate what you can't see, so it`s important to know if the event stream is real-time. Mast traditional SlEM products rely on data aggregation techniques that were simply never intended for real-time analysis. The origin of these aggregation methods is in network management or #orensic analysis where there were na real-time requirements. In a world in which the last major worm traversed the entire Internet in less than ~.5 minutes, TriGeo recognizes the critical importance of real-time data collection. TriGeo captures real-time event streams from network devices and utilizes its proprietary agent technology to capture host-based events in real-time. f6~ie€~ory or i"aataf~a;~e ~;o~'reiati~~n Goes the correlation engine process events in memory or query a database? The distinction is critical if the goal is real-time event analysis versus forensic analysis. Again, the tr~d'itional STEM model was to aggregate lag data for reporting and forensic purposes. Today, this has been extended to include regulatory compliance, and none of these objectives require real-time processing and performance. TriGeo is completely based on an in-memory pool capable of correlating millions of events without the performance bottleneck associated with database insertion and query speeds. The simple fact is that no matter what database ar proprietary file system is used, RAM-based analysis is at least an order of magnitude faster, and TriGeo utilizes this reality to deliver superior event analysis and response. iuitipie-i„.ver~t ~orrelati€an Can the correlation system detect and associate anomalous behavior based an rnultiple events? Systems designed to identify the occurrence of a single event, even with time and frequency constraints, simply can't identify today`s blended threats. It's common to find systems claiming event correlation capabilities, but a review of the functionality quickly reveals that they're net capable of correlating across devices and across events. TriGeo has comprehensive support for multiple-device, multiple-event correlation, including the unique ability to set "sndependent thresholds of activity per event, or group of events. This is precisely what`s needed when the correlated activity is dramatically different such as the number of user logan failures and denied traffic counts. ~6cn-~ir~ear Cca~~rel~tiiar3 Does the correlation rely on traditional sequential event evaluation? With today's blended, ar multi-faceted, attacks there`s no guarantee what order events might appear -couple that reality with typical deviations in equipment time stamps and you quickly realize that linear event correlation is extremely limited. TriGeo employs apatent-pending technology that maps events in memory and applies a completely non-linear, multi-vector, correlation algorithm. This greatly reduces the number of rules needed because it's na longer necessary to build distinct rules for every possible combination of events. Field-i~.evei ~mrr-parison Goes the product provide a rich set of discrete fields that can be used in the correlation? The event collection and normalization process often strips critical details that are needed for effective correlation, or that detail is not available in the product's rule editor. Normalization is essential far correlation, but it's an area that is generally not considered when reviewing competing approaches to event correlation. TriGeo's normalization process and its associated event taxonomy are significant components of nur intellectual property. TriGeo captures an extensive array of field-level data, and makes it all easily accessible via our graphical rule builder. When this data is combined with user-defined groups and variables, TriGeo makes it possible to build very detailed and sophisticated rules that minimize false positives and focus your attention where and when it`s needed. r ~../;~i• .,; ~~:~s~:<*:~,:~.~.;.~.:a~.r~;~~a,.~.~:r~z,~;~~>zaarrs~:;~;tr,~:~~~~.rt,~~L,~:~,.~m~.:~~~s:~~:•:~.u~,:~rz-w~se~ai `~.~. TrIG~'n w,r~a.a S~e~ry r -r., f^~ .--. ~_.. ~~,~r~~~t~. '' Network Security nviranenta€ ~~~vai"encss Can the correlation rule factor in details about the organization, such as critical assets, applications, time of day ar day of week? It's vital that rules be tuned to address the specific business environment, standard processes and IT objectives. TriGeo employs several techniques to minimize the noise and n-raximize the value of the data that's being captured and analyzed. This includes the use of user defined groups that can identify critical assets, and be easily integrated into rules. It also includes the use of unique time sensitivity in rules. For example, rules can be built to operate inside or outside defined business hours. Activity on a server can be monitored with regard to a defined maintenance or roboot window. ~4rrefation yule ~l~iider Can you build a rule? While this question is deceptively simple, it's critically important. Most products employ rule "editors" that were clearly designed by programmers, for programmers. Fven when "wizards" are used, it takes five steps to accomplish even the most basic tasks. TriGeo's rule builder employs an intuitive graphical interface using common "drag and drop" techniques, and everything is done in one location. It can be mastered in a matter of minutes and it will surprise you that something so simple can construct the most complex and powerful correlations available an the market. inctive response What happens when the rule fires? An integral component of the correlation is the action that can be taken when the modeled behavior is identified. While mast products provide various notification options, such as email ar pager, few go much farther. Where they do, they require human intervention tv confirm yr activate any pre-programmed responses. ~~ ~ort~~€~s€csn For most organizations, the network infrastructure and associated applications and data are absolu#ely strategic and system failures can be catastrophic. When faced with this reality it's easy to see that a proactive approach to network security is not a luxury, it's a necessity. Forensic analysis, and regulatory compliance are important, but business continuity is essential. TriGeo was the pioneer and remains the leader in automated remediativn through intelligent correlation. It ships with the industry's largest arsenal of actions that can be linked directly to correlations, and utilizes a proprietary action framework to communicate directly with network infrastructure devices and host operating systems, providing network defense coverage from the perimeter to the endpoint. TriGeo can actively defend the network through highly targeted correlation rules, behavior analysis and integration with network infrastructure. The defensive arsenal includes the ability to quarantine, black, route and control services, processes, accounts, privileges and more. Real-time analysis, event correlation and active response are the basis far next generation technology that provides organizations with visibility into their networks and a defense against insider abuse and network attacks. ~i~~e ass a calf, otr re~is~er atafitrc, ara~~ j©irs tts ~t~~' a tave ~reserr~a~ior~ ~r~e~e ye~tt ca,~ see 7ri~eo iriE acfir~rt r~t~ryer €~e~i-~c~a~iri coc~a~a€~r-s, t~~ia~~h ~s ~e ea~sf'r~rey co~refaie arar~ ros~cart~l dra rtel~wc~r8~ ai`faeks a~cf ~tr~icy vialafior~s - ill irr r~eaf-tis~ne.."sec ~"riea ~'o~ yc~t~rsel~, araef 1'irr~t ratef~ ~h~f's i~ yraaar rtel~vark. Corporate Headquarters: Sales: TriGeo Network Security, lnc. (208) 664-7000 or toff free (866) 664-9292 510 Clearwater Loop fax: (2083 666-97I.0 Past Falls, ID $3854 sales@trigeo.com 200/ TriGeo Network Security, Inc., all rsg~ts reserved. r _~~~~~ ,w~~ ,Y MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: June 1, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 CONTRACT AWARD/INSITUFORM TECHNOLOGIES, INC. ITEM BEFORE COMMISSION Approve a contract award to Insituform Technologies, Inc. in the amount of $173,010.00 for lining the abandoned 16" force main under the Intracoastal Waterway. The pipe will be used as a reclaimed water transmission main to the barrier island as part of the Area 11A Reclaimed Water System project, PN 2008-048. BACKGROUND In the Fall of 2002, the City installed a new force main crossing the Intracoastal Waterway to replace the 40 plus year old ductile iron force main pipe with questionable integrity. The new pipe, a 16" HDPE pipe installed via directional drill method, was installed a few feet from the old; from the north end of Veteran's Park to Lowry Street. Since then, the new line has been in service with the old line abandoned in place. The old abandoned line will now be utilized as a reclaimed water transmission main serving the Barrier Island. However, to insure the pipe's integrity, it must be lined. Insituform provided a quote in the amount of $164,303 to line the pipe (quote dated March 2, 2008). On April 2nd, 2009, Commission was presented an agenda item for waiving the bidding requirements and awarding the contract to Insituform. Commission denied waiving the purchasing requirements of Chapter 36 (Bidding Requirements and Procedures) for the pipe lining of the abandoned 16" Intracoastal Crossing, as well as the award to Insituform Technologies, Inc (items 10.C. and lOC.l). At this meeting, there also seemed to be a consensus of the Commission to waive the payment and performance bond for this project. On April 21, 2009, through a formal agenda item (item 9.F), Commission approved waiving the bonding requirements. Staff publicly advertised the project on May 3, 2009, and opened bids on May 29, 2009. Apre-bid meeting was conducted that yielded four prospective bidders. As part of the bid process, vendors were required to submit pre-bid qualification packages identifying their respective product, demonstrating their products compliance to the design specifications (pressure pipe lining), and providing project references for similar type pipe lining. Three vendors submitted pre-qualification design submittals. A review of the packages by our consultant found only two of the three vendors to meet the project's design parameters. Hence, two bids were received; one from Insituform Technologies, Inc. in the amount of $173,010 and one from Lanzo Lining Services, Inc. in the amount of $278,000. Insituform appears to be the low bidder; however, they inadvertently committed an error in their bid by stating a lump sum price in place of a unit price on item number 2 of their bid. When considering Insituforms initial proposal from March 2009 in the total amount of $164,303, this irregularity is clearly an accidental transposition of unit costs by Insituform. On that basis, staff considers Insituform's bid commensurate with the total scope of work. The "Instructions to Bidders, Section 16.8" of the contract documents states "In the event of irregularity in the bidding procedure, the City reserves the right to reject an unopened bid, or receive or record it, if in the City's best judgment such action accrues to the best interest of the City." In this case, waiving the bid irregularity of Insituform's bid as permitted under Section 16.8 is in the best interest of the City. Therefore, staff is recommending awarding the pipe lining project to Insituform Technologies, Inc. They have performed satisfactorily on previous type maintenance projects and currently have an active contract with the City for pipe lining sewer mains. FUNDING SOURCE Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). RECOMMENDATION Staff recommends waiving the irregularity of the bid from Insituform Technologies, Inc. and awarding the contract to Insituform Technologies, Inc. in the amount of $173,010.00 for lining the abandoned 16" Intracoastal Pipe Crossing. .y N O L U N 0 V L N 3 O 3 3 V . ; r 0 .~ J a ti M O O 0 N Z a 3 H 'm °o °0 0 0 0 ~ 0 ° ° O c o o ~° in ; o U M V M M N ~ O U c G c~ ER N N v> ER ER ~ ~ ~ ~ ~ ~ J 1 D N ER ~ ~ O ~ cn ~ C O O O O O O O O O O J O) O O O O O w ~ M O In ER N ~ ~ J CC ~ M V ~ ~ M ER N ER °o °o °o °o °o ~ o 0 0 0 0 ; ; o o ~„ ~ O ~j ~~ N In (O ER N ER , `' ~ - ~ C~ ~ ER i ( ) ~ N O J Q i _ ~ o> o 0 O ~ ~ °o °o °o °o °o ~ o 0 0 0 0 O w o m 0 ~n 0 c 0 ~n in ~ N ~ _ ~ ~ N ER M in (O ~ N ~ ~ r ~ r r r C (~ LL (~ (~ (~ ~ J J J J J r ~ Q 7 ~ O O ~ d O o ~~ z o mo _~ ~ m ~ C d .~ ~ w ~ ~ m UJ. ~ ~ ~ ~ ° cn w °' ~ ~ Na ° U m ~ - ~ ~ ~ (6 ~ d O Q ~ C ~ p O N '6 7 3 U _ ~ T U C (6 U D ~ (6 N N N t ~ 7 N - 01 '~ m N~ N d S O ~ ~ W m i Q E C U ~a U ii .5cn ~ U '6 ~ Q m O O O O O O w z ~ ~ N M V In 0 ~i J N Q U .Q .~ 3 N t O C N U .Q E 3 m 0 y N (6 N U N O U m m m `o ~ M ~o ~ ~ ~ o Q Z a a PF20POSAL Prop45al Of Insituform T`echnoingies, Inc. (Contractor) 17988 Edison Avenue, Chesterfield, MO 63005 (Address) to furnish and deliver all materials and to da and perform all work in accordance with the Contract Documents far the Project entitled: Pipe Lining o€16-inch Subaqueous Intracoastal Crossing City of Defray Beach Project No. 2009-037 Bid No. 2009-31 To: Purchasing Officer City of Delray Beach, Florida 104 NW 1st Avenue Delray Beach, Florida 33444 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the CITY in the form included in the Confract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Cantract Documents. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty (64) days after the day of Bid opening. Bidder will sign and deliver to the CITY the Agreement and submit the Confract Security, insurance Certificates and other documents required by the Contract Documents within fifteen days after the date of OWNER`S Notice of Tentative Award. If Bidder fails to sign the Agreement and deliver the Agreement to the CITY accompanied by the required security, insurance certificates and other documents within the time specified, the CfTY has the authority to rescind the l,id award and retain the bid security which shall be forfeited as liquidated damages. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, thaf: a. Bidder has examined copies of all the Contract Documents and of the following addenda: Number Date Number Da#e No.l 5/5/D9 ~G- ~ S"-Z~7i -~ 1 I11c~ , Z s ~r oQ .._... i1~~ . 3 ~ i receipt of a[I of which is hereby acknowledged and also copies of the AdverEisement for Bids and the Instructions to Bidders; b. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or pertormance of the Work and has made such independent investigations as Bidder deems necessary. Bidder warrants and represents P-1 that there are no defects, errors or inconsistencies in the plans, specifications or any of the Gontract !]ocuments and that the actual site conditions comport to the conditions set forth therein. c. phis Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submifted in conformity with any agreement or rules of any group, association, organization orcorporation; Bidder has not directly or indirec#ly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain far himself any advantage over any other Bidder or over the CITY; na City official nor any City employee has a direct or indirect interested in said bid, in the supplies or work to which it relates, to any person associated with the frrm performing the work, or to the profts resulting from the work. [remainder of page intentionally left blank] P-2 A V Aa wa wo F~ i. O '~ Z„ Q1 F ~~ o~ o o Q Q ~ ~ C O O O N ~ -~ ~' 0 ~ ~,/f ~ ~ ~ ~ ~ 0 p ° D Q ~ .S ~.. N y I ^; EPr 64 ~~i ~~~ ~. `°. ~, o ~ Q U J H p N~U F~A NI ~a ~ a H ~ a a .~ a ~ rW V U z 0 u ~s C p U ~ o ~ CJ z aC G Q _ 4 „ ~ o y y ~ ~ 7~ P< ~ Nb L O ~ O ~ a all ~ ~ y ~ ~ ~. T ~ ~ ... ¢} s- N ~ p G ~ ~ \.I ~ 3 `~ ~ ~ ~ o ' b 3 A ~~ ~V~, w ~ o Ca ~ N ;~ ~ o ~ p 0 C ?'w ~ N c ~ bq C } ei ~ .- ~R. V, A.-.~ (~ U w °zI 0 ro U C b C i 0 -i~9- I~ 4 ~ ~ CO {3 m y o ~ ^ U ~`~~ V Q ., ~. .. :~ L a 3 ~ ~ `+ ~ `+ _ ~ ~ ~ o M ~ ~ M ~ at3 ~ ~ 3 ~ Q Q d a FQ ' GQ Q~ K..+ ~ ~ ~+ ~ 1 Q V ~ Q ~ y~` ~ I U rr~l, V ~y F"E '~ Q ° !G ~ W ~ ~ W E ~ ~ ~ H i r H ~ i j ~ j ~ ~ ~ ~ U W ~ ~ ~ ~ ~ Q 0 A Q Q ~ Q ~ ~ ~ ~ ~ a m ~ V Q Bidder agrees that the Work will be substantially completed within 30 calendar days after the date when the Contract Time commences to run, and completed within 10 calendar days after the date of Substantial Completion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The undersigned agrees as follows Accompanying this Proposal is a certified check, cashier's check or bid bond {5% of total Bid Price} meeting the requirements of the Contract Documents for $ s o of amount bid payable to the City of Defray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fai! to execute the contract and furnish satisfactory Contract Security and furnish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. Communications concerning this Bid shall be addressed to the Bidder as indicated below. $. 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 on May i9, Zoos a.) {!f a corporation) Signature of Bidder G'olporate Seal By: Print Name: as Thomas, VP-Global Pzocurement/Operations Support Address of Bidder i~ssa Edison Avenue Chesterfield, Mo 63005 Incorporated under the laws of the State of I]elaware b.) (lf an individual, partnership, or non-incorporated organization) Signature of Bidder N/A By: Print Name: N/~ Address of Bidder: N/A c.) Certificate of Compe#ency number ~/z~ P-4 d.) The names of the corporate a~cers, or partners, or individuals doing business under trade name, iS aS ~OIIOVJS: See attached List of Officers Signature of Bidder gy: - 1'nnt Name: H. Dou las Thomas Title: VP-Global Frocurement/Operations Support Business Address: z~sas Edison Avenue Chesterfield, MO 63005 Incorporated under the laws of the State of nelaware [Remainder of this page !eft blank intentionally] P-5 ~~asA~r~fivrm INSiTIJFORM TECHN©LOGiES, INC. OFFICERS ANIl DIRECTOR5 CURRENT AS OF APRiL 22, 2009 DIRECTORS J. Joseph Burgess Director Stephen P. Cortinovis Director Stephanie A. Cusltley Director John P. Dubinsky Director Juanita H. Hinshaw Director Alfred L. Woods Chairman of the Board OFFICERS J. Joseph Burgess President and Chief Executive Officer David F. Morris Senior Vice President, General Counsel, Chief Administrative Officer and Secretary David A. Martin Senior Vice President at~d Chief Financial Officer Kenneth L. Young Vice President and Treasurer Holly S. Sharp Vice President-Human Resources and Environmental, Health and Safety Tod O'Donoghue Assistant Secretary Elizabeth Kovaly Willis Assistant Secretary April A. Greer Assistant Secretary Susiz~ess Address for Officers and Directors: 1988 Edison Avenue Chesterfield, MO b3005 *see attached Assistant Secretary's Certificate CERTIFICATE (if Corporation) Missouri STATE OF I~~ ) SS COUNTY OF s~ . Louis 1 HEREBY CERTIFYthat a meeting of the Board of Directors of Insituform Technologies, In a corporation under the laws of the State of Delaware held on A ril ~o ,Zoos the following resolution was duly passed and adopted: VP-Global Procurement/ "RESOLVED", that x. Douglas 'I'hamas , as operations support of the Corporation, be and he is hereby authorized to execute the proposal dated May 19 _ __ ., 20°~, between the City of Delray Beach, Florida and this Corporation, and that his execution thereof, attested by the t oft ae~~~.~o~~~°g ~r~~ with corporate seal afFixed, shall be the official act and deed of this ~orporatinon . I further certify that said resolution is now in full force and effect. IN V111TNES5 WI-IEFtEOF, I have hereunto set my hand this ~-9 day of May 2~fl~. By: 6 `M-~~~_ Print ame: Debra Jasper Title: Contracting and Attesting Officer Subscribed and sworn to before me this ~9 day of May 20 09 ' ,L .~.~ Signature and Stamp of Notary Pu lic DIMIEPARTFtIDGE My Commission Expires: July a, zoiz ~~$ ~~-~ Seal ~~ ~~ ~~~~~ ~~ &,20ic~ CoI6tt»fssiong~j] P-6 il`~~dT l.l~d.l.C`bJ.yd ~9~C.17-i~®L®~l~~y l..L `7 ~o Assistant Secr efai`V's CertifEate The undersigned, being the Assistant Secretary of Insituforaaz Technologies, Inc-, a Delaware corporation {the "Corporation"), hereby certifies that: The following is a true and carrect excerpt from tlae By-laws of the Corporation: ~'diaef ~xccgaz`i~~e ®j~cer ~~~ogs~P~~~eFa€s. The Chief Executive Officer nay from time to tune appoint such officers of aperatir~g divisions, and such contracting and attesting officers, of the Corporation as the Chief Executive Officer 3nay deem proper, who shall leave such authority, suUject to the control of the Board, as the Chief Executive Officer may from time to time prescribe. 7, Tlae Chief Executive Officer of the Corporation has, pursuant to the above authority, duly appointed H. Douglas Thomas, Vice President -Global ProcurementlOperatious S~~pport, and has appointed Joann Sinith, Denise L. Carroll, Debra Jasper, Jana Lause and Diane Partridge as Contracting and Attesting Offices-s of the Corporation. Each of tl~e foregoing have been frilly aaithorized and eanpowered by the Chief Executive Officer of the Corporation: "(i) to certify and to attest the sigt~atiire of aa~y officer of the Corporation, (ii) to enter into and to bind the Corporation to perform pipeIi~ie rehabilitation activities of tl~e Corporation and all matters related thereto, including the a~xaintenance of oa~e or more offices and facilities of the Corporation, (iii) to execute and to deliver documents ou behalf of the Corporation and (iv) to take such other action as is or may be iaeeessary and appropriate to carry out the projects, activities and work of the Corporation." IN WITNESS VdHEREOF, I leave hereunto axed my name as Assista~~t Secretary, ibis 30th day of April, x,009. INSITUFORM TECHNOLOGIES, INC. By. -{ {~ o j r , Elizab Kovaly illis ~~ Assistant Secretary CERTlF1CATE (if Partnership} STATE OF FLORIDA ) } SS COl1NTY OF ) N/~1 1- I HEREBY CERTIFY that a meeting of the partners of , a Partnership under the Laws of the State of held on , 20_ the following resolution was duty passed and adopted: "RESOLVED", that , as of the Partnership, be and he is hereby authorized to execute the Proposal dated 20_, between the City of Delray Beach, Florida and this Partnership, and that his execu#ion thereof, attested by the of the Partnership be the official act and deed of Phis Partnership." further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of , 20_. By: Print Na Title: Subscribed and sworn to before me this day of , 2a_ Signature and Stamp of Notary Public My Commission 1=xpires: P-7 NON-COLLUSIVE AFFlDAVlT Missouri STATE QF ~ ) }SS COUNTY OF st. Louis ) H. -ouglas Thomas being first duly sworn, deposes and says that: (1) l-IeiSthe VP-G1oba1 Procurement/Operations Support (Owner, Par#ner, Ofticer, Representative or Agent) (2) Fle is fully informed respecting the preparation and contents of the attached Bid and of all pertinen# circumstances respecting such Bid; (3} Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any ocher Bidder, firm or person to submit a collusive or sham Bid in connection with the Contractforwhichihe attached Bid has been submitted; onto refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, term, or person to fix the price or prices in the attached Bid or any other Bidder, or to fix any overhead, prat:lt, or cost element of the Bid Price or the Bid Price of any other Bidder, or to secure through any collusion conspiracy, connivance, or unlawful agreement any advantage against {Recipient}, or any person interested in the proposed Contract; (5} The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, inclu ing is affidavit. By Print N glas Thomas Subscribed and sworn to before me this i~ day of May , 20 oa rt r ~~t.c._~~-_ pitlN~~pF~~RIDGi: Signature and S#amp of Notary Pu~E7'l c ~y~+y~~-lQotarySeal ,~y Commission Expires: ,auzv s, 2oiz Stake of i~Aisswtye ~ ~ ~,kity B, 203 -~ DRUG FREE Wf~RKPLACE C1=RTIFICATION IDENTICAL TlE BIDS: Preference shaft be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quanti#y, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business tha# certifies that it has implemented adrug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have adrug-free workplace program (Florida Statutes Section 287.D87}. In order to have adrug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufac#ure, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, and available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1}. 4. In the statement specified in subsection (1}, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 ar of any controlled substance law of the United States or any state, for a viola#ion occurring in the workplace no later than five (S} days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain adrug-free workplace through implementation of this SeCtiDn. As the person authorized #o sign the statement, I certify that this firm complies fully with the above regUlrement5. Insituform Technologies, Inc. Bid a ure H. Douglas Thomas VP-G7oba1 Procurement/Dperations Support (Print or type} P-4 TRENCH SAFETY ACT Florida Statutes Section 553.6D of seq. "Trench Safely Act" Compliance Bidder acknowledges that the Florida Trench Safety Act, Section 553.60 et. se ., which became effective October 1, 1990, shall be in effect during the period of construction of the project. The Bidder by signing and submitting the bid is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards- The Bidder further identifies the following 5epara#e item of cost of compliance with the applicable trench safety standards as well as the method of compliance. Method of Com liance Cost T`rerach Shield $7..OD Bidder acknowledges that this cost is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declared non-responsive. The Bidder is, and the Owner and Engineer are not, responsible to review or assess City's safely precautions, programs or costs, or the means, methods, techniques or technique adequacy, reasonableness of cost, sequences or procedures of any safety precaution, program or cost, including but not limited to, compliance with any and all requirements of Florida Statute Section 553.60 et. sec. cited as the "Trench Safety Act". Bidder is, and the City and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including, but not limited to, the "Trench Safety Act". P-10 BID BOND STATE OF FLORIDA ) 55 COUNTY OF ) KNOW ALL MY BY THESE PRESENTS that as Principal, and as surety, are held and firmly bo d unto the City of Delray Beach, Florida, hereinafter called the City in the Pena[ sum of dollars ($ } [awful money of the United States, for the payment of which sum will and truly to made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, fir ly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whet as the Principal has submitted the accompanying bid, dated ,for project it[ed: Pipe Lining 4f 16-inc Subaqueous 1 racaastal Crossing City of Delray each Projec o. 2009-037 id No. 2009- 1 NOW, THI=REFORE, (a) It is a condition precedent to the ub ssion said bid that a certifed cheek, cashiers check or bid bond in the amount of five perce t (5% of th base b e submitted with said bid as a guarantee that Bidder would, if awarded the con tact, ente into a w Otte c tract with the CITY for the completion of the Work specified in the Contra t Docu ents forte ount indicated in the Bid. (b} If the Principal shall not withdraw sai and within 0) da after date of the same, and shall within fifteen (15) days after the prescribe forms are pre enfied t him for signature, enter into a written contract with the CITY in accord ce with the bi as accepted, and give bonds with good and sufficient surety or sureties, as m be required, for e faithful performance and proper fulfillment of such contract, then the above liga#ion shall be void and of no effect, otherwise the sum herein stated shall be due and pay ble to the CITY and the surety herein agrees to pay said sum immediately upon demand of he CITY in good and lawful money of the United States of America as liquidated damages for fail a thereof of said principal. IN WITNESS WHEREOF, the ab e-bounded parties executed this instrument under their several seals, this day of ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to aufihority of its governing body. I (person), on behalf of (surety) (surety company) have read and examined the ~'erformance and Payment Bonds attached to Bid No. Sign Date: P-l X WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (Ef Corporation, Secretary Only will attest and affix sea[) WITNESSES: PRINCIPAL {firm name) By: Print Name: {Signature of Authorized Officer) Print Name: (affix seal) Print Name: Title: Business Address: WITNESSES: SURETY: (firm name) By: Print Name: {Signature, Attorney-in-Fact) (affix Seal) Print Name: Print Name: Business Address Name of Local Insurance Ageney P-12 INFORMATION REQUIRED OF BIDDER BIDDER'S GENERAL INFORMATION: Bidder shalE furnish the following informs#ion. Failure to comply with this requirement will render Bid non- responsive and may cause its rejection. Additional sheets shall be attached as required. (3) CONTRAGi-OR'S name and address: Insitufprm Technolo ies, xnc. 17966 Edison Avenue Chesterfield, MO 53005 (2) CONTRACTOR'S telephone number: {635) 53o-aaoa {3} Number of years as a CONTRACTOR in this type of work: z9 xears {4) Names and tities of all officers of CONTRACTOR'S firm: See attached List of Officers (5) Name, address, and telephone number of surety company and agent who wiEl provide the required bonds on this contract: Travelers Casualt & Surat Com an of America B25 Mar ille Centre Brive, Suite 300 Chesterfield MO 63017 314 594-2700 (6) Princi al Materials Manufactures and Subcontractors. This proposal is being submitted by the hereinafter stated CONTRACTOR who 'proposes #o perform work specifed and shown on the Drawings. The Bid Proposal shown on the preceding page(s) has been calculated and tabulated using basic material prices. The following is a list of material manufactures and subcontrac#ors whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a CONTRACT for the work specifred herein and shown on the P{ans. It is understood that the following List is not complete but includes the names of manufactures of the principai components and subcontractors supplying principal services to said project. It is aiso understood that if awarded a Contract, the CONTRACTOR will furnish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes fo substitute materials or subcontractors he shall reques# permission in writing from the City stating fully the reason for making such a request prior to ordering same. All of said manufactures or their aufhorized vendors have been made aware of ali the appropriate portions of the Contract Documents and agree that #heir materials will meet off of the requirements stated therein and that deliveries will be scheduled so as not to impede the progress of the work. P-13 Materials: Manufacturer QC ~ b ~ Y1G Subcontractors: Name Quties ~rn~ ~ ~,e. Va.~~ar S~l~v. sew i ~-ew, - ? J' Signature of Bidder Insitu~orm Technologies, Izzc. By: Print Name: H. Douglas Thomas ~ _ "Y VP-Global Procurement/Gperations Support P-~~ ~E1ES~iONNAIRE The undersigned guarantees the truth and accuracy of all staterrrents and answers .herein coatairaed. 1. How many years has your organization been in business in the State of F{orida as a Contractor? Authorized to do business in the state of Florida date 5/15/1998 2. rtlfhat is the fast project of this nature that you have completed? See attached List of References 3. !-.lave you aver ::#aaled to sorrtplete work awarded to yQCr: if so where and wry? No 4. Name three individuals ar corpora#ions for which you have per#ormed work and to which you refer? See attached List of References ~. {..tSt tt18 fottowln'g information con~efnlniJ ati ~coniracts orl hand as of thE ~lat2 d#Stll3rrkiSSiOT1 of this proposal. (In case of co-venture, listthe information of all co-venturers). TOTAL GOl•ITR~lCTEQ °~oOF NAME Ol' CONTRACT DATi=IOF COMP1r.ET{OIV PRO,IIrCT 01NNER VALUE COMPLETION TO DATE See attached Contracts in Progress {Continue list on insert sheet, i# needed) 6. Have you personally inspected the proposed work and have you a complEte plan for its performance? Yes 7. Will you sublet any part of this work? If so, give details. , Yr/c.ov.~e.G~ ~~,~~Ir~.e, . 5-~~ Yes-~a~r~a,~Fa~, . D2.w~eY4-~~. ~.~ re.wl~ Va,~ 8. i~hat e~utiprnent do you that is available for the work? (Attach additional sheets as necessary) See attached Equipment List P- ~. 9. What equipment will you purchase for the proposed work? None at this time 1 p. What equipment will you rent for the proposed work? K Q ~.e State the true, exact, correct and complete name of the partnersh'p, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the President and Secretary. ]f a partnership, state the names of al! partners. If a trade name, state the names of the business under the trade name. It is absolutely necessary that this information be furnished). Snsituform Technologies, Inc. Gorrect Name of Bidder a} The business is a (sole Proprietorship} (Partnership (Corporation) b) The address of principal place of business is 17988 Edison Avenue, Chesterfield, MO 63D05 c) The names of the corporate officers or partners, ar individuals doing business under a trade name, is a5 follows; See attached List of Officers Signature of Bidder By: Print Na q as '3'homas VP-Global Procurement/Operations Support 8fJ5iness Address. 7."1968 Edison Avenue Chesterfield, MO b3445 Incorporated under the [aws of the State of Del aware P-1( `V'im Insitufnrm Tedurolr~i~s; Inc June 1, 2009 Tel: (904) 237-3426 lNortdwide Pipeline '['EB Spanish Moss Lane Toll Free: (80p) $33-8362 Rehabititafion Ponte Vedra Beach, FL 32082 Fax: (904) 280~'l62 vuww.insitutorm.com Mr. Victor Majtenyi, Deputy Director of Public Works City of Delray Beach 434 South Swinton Ave. Delray Beach, FL 33444 Re: Bid Tab Error ----Bid No. 2009-31 Dear Mr. Majtenyi, We made an error on the unit price on our bid tab, item #2. The unit price should have been $242.44/1f for a total of $151,540.40. Please accept this letter as a revision to our bid tab. Sincerely, n~1S1TUFORM TECHNOLOGIES, avc. Ted Hotchkiss, Area Account Manager 1'I~o~osAl_ PrOpoSai of Z+enzo Lining Services, Inc. ~Cgntf~Gt9r} 125 SE 5th Court, Deex'field Beach, Fz, 33441 (Adtlress to furnish and deliverall materials and to daand.perForm all worl<in accordancewith the Contract Documents for the Project entitled: #~ipe Lining of 96-inch Subaqueous intracoastai Crossing City of Qelray Beach Prgject No. 2t}~9-037 Bid l~fa. 20{)9-3'l To Purchasing t)fficer City of lw?elray Bead, Florida ~ OCl NW 1st Avenue Delray Beach; Fforicia 33444 9. Tice uhelersighed Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreementwith th.e CITY in the form. included in the Contract Documents #a complete. -all Work a.s specifred or indicated in the Contract Qocdrr-ents for the Contrac# Price-and within the Con#ract'i'ime indicated in this Bid and in accordar#ee with the Contract l~acuments. 2. Bidder aceep#s all of the terms and condiiic~rts of the instructions to $id.ders, including without limi#ation those dealing with the disposition of gid Security: This:Bid will remain open fbr sixty {8g} days after the day of Bid opening. Bidder will sign and deliver #o the CITY the Agreerriertt and. sutamit the Contract Security, ,insurance Certificates and other documents required t?y the Contract t7:ocuments within f tteen days after the date of OtIVNEP`S Noiice of Tentative Award. if Bidder fails#o sign the Agreement and deliver the Agreeiztent #o the G1T1' accompanied fy the required security, insurance certificates and other documents within the time specked, the..ClTy has the authority to rescind-the bid award and retain the bid secur#y which shall be forfeited as liquidated damages. 3. in submitfing. Phis Bid, Bidder represents, as more fully se#forth in the Agreement, that: a. Bidder has examined coptes of all the. Contract Documents and. of the fallowing addenda: Number _~Date Number i]ate One ___.. 5/5/fl9 Four 5/22/09 Two 5/11/09 Three ,~~ receipt of alt of +rvhich is hereby acknowledged and atsa copies of the Advertisement for Bids and the instructions to Bidders; b. Bidder has examined the Si#e and loea[ity where the Wor]< is to be performed, the legal requirements (federal; state and local lav~+s, ordinances, rules anal regulations} and the conditions affecting cost, progress or performance of the Work and has made such ir3dependen# investigations as Bidder deems necessary. Bidder warrants arsd represents P-1 that there are no defects, errors or incansistencie5 in the plans, specifications or any of the Contract [3ccuments and that the actual site conditions carnport to the conditions set forth therein. c. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm ar corporation and is no# submitted in conformity with any agreement or rules of any group, association, organization yr corporation; t3idderhas not directly or indirectly induced or so[ieited any other Bidder to submi# a false or sham i3id; Bidder has not solicited or induced any person, firm or a corporation to refrain from bidding; aril Bidder has not sought by collusion to obtain for himself any advantage aver any other Bidder or over the CITY; n©Ci#y official nor any City employee has a direct or indirect interested in said bid, in the supplies ar work to which it relates, to any person assaciatecl with the firm perfarmirtg the work, or to the profits resulting from the work. [remainder of page intentionally left blank] P-2 0 o 0 0 0 o 0 a o o a 0 ~ ~ a o z A, d, o 0 0 N ~ ~ 't" d+ N N N ~ 0 ~' 64 Sfi ~ (~ O O '~ U d ~ ~ O p Q ~i ~ O O p ~ N Q Gr 't-• ~ ~ p M ~ O `~ ~r ~, ~ E43 Ul ~ ~ Q d' .efi d3 ~+" E-+ k ~ ~ ~ r -f - ~ ~ W G ~ ~ ~ 0 ~ ~ ~ ~ ~ .`c ~ fR ~i [~ Q ~ ~ ~ ~ ~ ~ ~: ~ t ; o ~ z zs a~ uz q ,~ ~, ~ ~ , a~ ~ U u ~ ~ '~ ~ ~ ~ U ~ V w '~ J ~ Lu ~ ~ p ~i Ea z v ~ ~ Z ~ ~ 5. x d ~ y 'Ci a 3 ~ a ~ ~ ~ ~ '~ ~ -r-I ~. ~' ta c~ v H ~ ~. Tia ~ ~ y ~{ o Y. 3 a F c ~ ~~ ~ .~ N R ~~ V A v: L` ~ C3 F^ o `~N G F aN U O C3 U 4 A G V u y } a n r a f h E " ~ - ~ .. c m v c ~ a U ~ T ~ U N V] .1E C r ~ ~ ~ ~ ..-. ~- 4 O H i. y ~ . '~ ~, G c W, r e R 3 = J a . U L 4! ~ 4. G ~ _ ~ r .~ y M Nl t' ~. v . . ~ L q ~ ~ q Fba .~ i ~. '~ O 3 ~ U ~ ~' .. 16 '- ~ J 9 r. ~. _~ w ~ v ~ . ~' ~ ~ i ^T ~~ Se C L M M . ~ ~ ea N- Vl ~ fh j~-`.' U7 a .~ ~ c ~ n u 4 v ~ 9p ~ ~ m ~/3 W ~ y r U ~ ~ . u, 4 u ~ ~ ~ ~ C W ~ LrI _ ~ c ¢ o ~ C ~ E-r ~ F o ~ ~~ ~ ~~= o ~ G ~° r~ a o oa ~, ~ ~ W Q - N «~ Q ~n F= z I M a. m ~ ~ a U Bidder agrees that the Work will be substantiai[y completed within 3a calendar days after the date when the Contract Time commences to run, and compfeted within 10 calendar days after the date of Substantial Compte#ion. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The undersigned agrees as fattows: Accompanying this Proposat is a certified check, cashier's check or~id bond (5°f° of total Bid Price) meeting the requirements of the Contract tocuments for $ ~ $~ _ w payable to the City of Delray Beach which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shat! fail to execute the contract and furnish satisfactory Contract Security and famish insurance certificates under the conditions and within the time specified in the Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. 7. Communications concerning this Bid shat) be addressed Eo the Bidder as indicated below. 8. The terms used in this Bid which are defined in the Generat Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the Generat Conditions. 5ubmittedon Ma 19, 2DD9 a.) {If a corporation) Signature ff 6 ~ Corpora#e Seat By. ~ '...... ~, . l.. Print Name: Cl ~ 1., ... ,. ,.. _ Address of Bidder: 125 SE 5th Court Deerfield beach, FL 33441 Incorporated under the taws of the State of Florida b.) (If an individuat, partnership, or non-incorporated organization) Signature of Bidder By: Print Name: Address of Bidder: c.) Certificate of Competency number CGCO5D862 lic # ~-4 d.j The names of the corporat~nfficers, or partners or individuals doing business under trade name, is as follows: ~ / Bidder Easiness incorporated antler the laws of the State [Remainder of #his page left blank intensionally] P-5 CERTIFIGATE (if Carparatian) STATE OF FL~RIDR } COUNTY OF Broward ) SS { HEREBY CERTIFYthat a meeting ofithe Board of Directors of Lanzo Lining ,services , a corporation under the laws of the State of ii lorida held on Fe r ~~ry 14 , 20~gfhe fallowing resolution was duly passed and adopted: "RESOLVED", that , as of the Corporation, be and he is hereby authorized to execute tl~e Proposal dated Nla~r 13 . _ , 2t7 05, between the City of Delray Beach, Florida and this Corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal afFxed, shall be the official act and deed of this Corporation". I further ceRify that said resolution is now in full fame and effect. IN WITNESS WHI=REOF, [have hereunto set my hand Phis z 3 th day of i`'iaY , 2009_ By: Print Name: t-'L ' T[tie~ Assistant Secretary Subscribed and sworn to befiare me this th day of i~a , 20 09 i"~T~~' PUBLi~-~~`~~ ~i~ ~Lt~~DA Signature and Stamp of Notary Public Ueb~rah jTalin My Gamrnissian Expires: Commission # DD4885ti1 Expires. NOV. 07, 2009 Bonded'I'hzu Atlantic Bonding Co., Inc. P-b STATE OF FLORIDA CDUNTY OF ) CERTIFICATE (if Partnership) ss I HEREBY CERTIFY that a Partnership under fhe laws of the St resalu#ian was duly passed and ado "RESOLl/EQ", #hat of the partners of , a held an , 20~ the following i as ~~ ` of the Partnership, be and he is he by authorized ita execute the Proposal dated 2(;'____; betwe n the City of D~Iray Beach, Florida and this Partnership, and that his execution thereof, ariested byte i of the Partnership be the afficiaf act and deed of this Partnership." I further certify that said resr~lution is now in full force and 1N WITNESS WE~EREOF, ! ha~+e hereunto set my hand By:. Subscribed and sworn to before me this day of , 20_. day of , 20_. Signature and Siamp of Notary Public My Commission Expires: ~. P-7 N©N-COE_LU51VE AFFIDAVIT STATt= DF FLOREDA }SS COUNTY OF Broward } being first duly sworn, deposes and says that: {1) Heisthe Assistant Secretary {Owner, Partner, Officer, Representative or Agent} {2} He is fully informed respecting the preparation and contents of the attached Sid and of al! pertinent circumstances respecting such Bid; (3} Such Bid is genuine and is not a collusive or sham Bid; (4} Neither the said Bidder nor any of its officers, partners, owners, agents, representative, employees or parties in interest, including this affidavit, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Gontraot for which the attached Bid has been submitted; or to refrain from bidding in connection-with such Can#ract; ar have in any manner, directly or indirectly, sought by agreement or collusion, or communications, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid nr any other Bidder, or to fix any overhead, profit, or cost element of the Hid Price or the Bid Price of any other Bidder, or to secure through any collusion conspiracy, connivance, ar unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract; {5} The price of items quoted in the attached Bid are fair and proper and are not tainted by collusion, conspiracy, connivance, or unlawful agreement on the part of the. Bidder ar any other of i#s agents, representatives, owners, employees or parties i est 'n hi Hy: ~ ~ . Print Name: Subscribed and sworn to before me this 13t]~ay of May 2po a 1 „_....~ ~ , , Signature and Stamp of rotary Public - - _";:~.;;"` ~u'~~'_.: ,.•;.,!.A..':"t' i~LDRIDA My Commission Expires: :;~',^' 'j~~ dam e~~s~iNO D~D482004 •; ;, ci+~;1 'a :lr u'ntl a:, tic Roncling Cv., Inc. P-8 DRUG FREE WaRKPLACE CERTIF1CATl{3N IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quantity, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received tram a business that certifies That it has implemented a drug free workplace program shall be given preference in the award process. Established procedures #or processing tie bids will be followed i# none v# the tied vendors have adrug-free workplace program (Florida Statutes Section 287.1)87}. to order to have a drug free workplace program, a business shall: Z. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, ar use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees far violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining adrug-free workplace, and available drug counseling, rehabilitatii~n, and employee assistance programs, and the penalties that may be imposed upon employees far drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specifed in subsection (1 }, notify the employees that, as a condition of working on the commodities or contractual services that are under bid: the employee will abide by the terms of the statement and will notify the employer of any conviction of, ar plea of guilty or nolo contendere ta, any violation of Chapter 893 ar of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5}days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effar# to continue to maintain adrug-free workplace Through implementation of this section. As the person authorized to sign the statement, requirements. certify that this firm complies fully with the above ~~ Bidders Signature (Print or type} P-9 TR~nlct~ sA~ETY Acr l"lorida Statutes Section 553.60 et seq. "Trench Safety Act" Compliance Bidder acknowledges that the Florida Trench Safety Act; Section 553.60 et. sec ., which became effective October 1, 1990, shall be in effect during the period of construction of the project. The Bidder by signing and submitting the bid is, in writing, assuring that it will perform any trench excavation in accordance with the applicable trench safety standards. 'The Bidder further identifes the following separate item of cost of compliance with the applicable trench safety standards as wep as the method of compliance, Method of Compliance Cost Trench Box $10,000 Gas Detection $ 2,000 Safety Training $ 5,OD0 Bidder acknowledges that this cast is included in the applicable items of the Proposal and in the Grand Total Bid Price. Failure to complete the above may result in the bid being declared non-responsive. The Bidder is, and the Owner and Engineer are no#, responsible to review or assess City's safety precautions, programs or costs, or the means, me#hods, techniques or technique adequacy, reasonableness of cost, sequences or procedures of any safety precaution, program or cost; including but not limited to, compliance with any and all requirements of F1Qrida Statute Section 553.50 et. sue. cited as the 'Trench Safety Act". Bidder is, and the City and Engineer are not, responsible to determine if any safety or safety related standards apply to the project, including, but not limited to, the "Trench Safety Act". P-10 WITNESS: (]# Sole Ownership or Partnership, twa {2) Witnesses required). !f Corparatia Secretary Only will aftest and affix seal) WITNESSES: PRINCIPAL Lanzo Lining Services, In . firm na Print Name: ~.e,Vk~ ~C-E~1~~ ~'~+. (Signature oFAuthorized`Officer} Assistant Secretary Print Name: {affix seal} WITNESSES: Print Name: Print Name: Print Name: ~~~~~~• L''~t TItIe: Assistant 5ecretary Business Address: 125 SE 5th Court Deerfield Beach, FL 33441 5lI RETY: (firm naive} By: {Signature, Attorney-in-Fact} {affix Seal) Print Name: Business Address Name of Local Insurance Agency a >° P-] 2 INFORMATION REOIJIRED OF Bll]DER B1C~DER'S GENERAL INFORMATION: bidder shall furnish the following information. Failure to comply with th'ss requirement wilt render Bid non- respons'sve and may cause its rejection. Additional sheets shall be attached as required. {1) CONTRACTOR'S name and address: Lanzo Lining Services, Inc. 125 Se 5th Court,. Deerfield Beach, FZ, 33441 (2} CONTRACTOR'S telephone number: 954-973-9700 (3) Number of years as a CONTRACTOR in this type of work: since April s , 1993 (4) Names and tines of all officers of CONTRACTOR'S farm: Giuseppe D'Alessandro, Presx ent ___.Antcnio D'Alessandre, Vice President, Assistant Secretary Fred Tingb~~Assistant Secretary ~_~.~~..~~~_~~~~ * See attached (~} Name, address, and telephone number of surety company and agent who will provide the required bonds on this con#raet: _.,G`uy. Hurley. Glaser and Heuer 248-519-14p0 (6} Princiz~ai Materials Manu~ctyrPS a,nd Sulscontractors_ This proposal is being submitted by the hereinafter stated CONTRACTOR who proposes to perform work specified and shown on the brawings. The Bid Proposal shown on the preceding pages) has been calculated and tabulated using basic material prices. The following is a list of material manufactures and subcontractors whose materials and services said CONTRACTOR propose to furnish and utilize if the awarded a CONTRACT for the work specified herein and shown on the plans, IE is understood that the following list is not complete but includes the names of manufactures of the principal components and subcontractors supplying principal services to said project. ]t is also understood that if awarded a Contract, the CONTRACTOR will famish the materials of the manufactures and utilize the services of the subcontractors stated herein and that if for any reason whatsoever CONTRACTOR wishes to substi#ute materials or subcontractors he shall request permission in writing from the Citystating fully the reason for making such a request prior to ordering same. All of said manufactures or their authorised vendors have been made aware of all the appropriate portions of the Contract 17ocuments and agree that their materials will meet all of the requirements stated therein and #hat deliveries will be scheduled so as not to impede the progress of the work. P-13 Materials: ~~~ Ty~ ~ ~~~`~~ ~S~ ~~+,~ subcontractors: Name Manufacturer ~~ ~L ~ ~ ~= ~ ~; ~ t3uties Signature of 8iddsr By: Print Name: ~ j P-l 4 QUESTIONNAIRE The undersigned guarantees the truth and accuracy of all statements and answers .herein contained. 1. Haw many years has your organization been in business in the State of Florida as a Contractor? Since April S, 1993 2. What is the last project of this nature that you have completed? See attached completed and current project lists with references 3. Have you ever failed to complete work awarded to you: if so where and why? No 4. Name three individuals or corporations for which you have performed work and to which you refer? City of Boca Raton * See attached reference list City of Ft. Lauderdale City of St. Petersburg F~fiami Dade Water and Sewer Department City of Tampa ~. List the fallowing information concerning all contracts on hand as of the date of submission of this proposal. {In ease of co-venture, lisf the information of all ca-venturers). TOTAL GOI~TRACTED °I°OF ~ NAME OF CONTRACT DATEIOF COMPLETION PROJECT OWNER VALUE COMPLETION 70 DATE See attached completed and current project lists with references (Continue list on insert sheet, if needed) ~i. Have you personally inspected the proposed work and have you a complete plan far Its performance? Yes 7. Wiil you sublet any part of this work? if so, give details. No 8. What equipment do you own that is available for the work? (Attach additional sheets as necessary) See attached equipment lists. All equipment owned by Lanzo. P-) S 9. What equiprnen# will you purchase for the proposed work? None ~ 13. What equipment will you rent for the proposed work? None State the true, exact, correct and complete name of the partnership, corporation ar trade name under which you do business and the address of the place of business. {I# a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the business under the trade name. It is absolutely necessary that this information be furnished). Lanzo Lining Services, Inc. Correct Name of Bidder a) Th8 business €s a (sole Proprietorship) (Partnership) (Corpora#ion) Corporation b) The address of principal place of business is 125 SE 5th Court, Deerfield Beach, FL 33441 c) The names of the corporate officers or partners, or individuals doing business under a trade name, is as follows: NSA Signal of B'. By: Print Name: 0. Business Address: 125 SE 5th Court Deerfield Beach, FL 33441 Incorporated under the lams of the State of Florida P-1G MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 9, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 APPOINTMENTS TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before City Commission for appointments to the Community Redevelopment Agency. BACKGROUND The terms for Mr. Peter Arts, Ms. Veronica Covington, Ms. Angeleta Gray and Mr. Franklin Wheat will expire on July 1, 2009. Mr. Arts will have served one (1) full term, is eligible and would like to be considered for reappointment. Ms. Covington and Ms. Gray will have served unexpired terms, are eligible and would like to be considered for reappointment. Mr. Wheat will have served one (1) full term and would not like to be considered for reappointment. Appointments are needed for four (4) regular members to serve four (4) year terms ending July 1, 2013. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. Voter registration verification was completed and all are registered with the exception of Mr. Percy Mejia. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Bernard (Seat #4) and Mayor McDuffie (Seat #5) for four (4) regular members to serve four (4) year terms ending July 1, 2013. RECOMMENDATION Recommend appointment of four (4) regular members to serve four (4) year terms on the Community Redevelopment Agency ending July 1, 2013. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 11, 2009 SUBJECT: AGENDA ITEM 9.B.1 -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY CHAIR/VICE CHAIR ITEM BEFORE COMMISSION This item is before Commission to appoint a Chair and Vice Chair for the Community Redevelopment Agency. See attached the memorandum from Diane Colonna, CRA Executive Director. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 9, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the General Employees Retirement Fund Committee. BACKGROUND Mr. Tom Lynch, regular member of the General Employees Retirement Fund Committee, resigned effective February 19, 2009. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an indefinite term. Section 35.105 of the Code provides, "The plan will be administered by the Retirement Committee (herein referred to as the Committee) appointed by the City Commission, consisting of a chairperson and four additional members. Each member may, but need not, be an official or employee of the city, and each member shall be appointed by the City Commission to serve until a successor is appointed in like manner. The following individuals have submitted applications and would like to be considered for appointment: Vincent Dole (currently serving on the Budget Task Force) James Smith (currently serving on the Budget Task Force) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1) regular member to serve an indefinite term. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the General Employees Retirement Fund Committee to serve an indefinite term. THOMAS E. LYNCH 28 Country Road Village of Golf, FL 3343fi February 19, 2009 Mr. David Harden, City Manager City of Delray Beach 100 N.W. 1 ~ Avenue Delray Beach, FL 33444 RE: General Employees Pension Board Dear David: Please accept this letter as my resignation from the General Employees Pension Board. I believe this is an appropriate time forme to resign so there will be no conflict of interest or po#ential ethics issue since our agency is now writing the insurance for the City of Delray Beach. It was also an appropriate time because it has now been 25 years tha# I have been involved with the City of Defray Beach. This frst started in 1984 when the City Council asked me to be on the Atlantic Avenue Task Force, which was actually the format"tort of the CRA. That eventually brought me in#o politics as Mayor of-Delray. During my tenure as Mayor, I was on both pension boards and I truly enjoyed the General Employees Pension Board and was fortunate to be able to remain on that board for the last 13 years. It is hard to believe it has been 25 years, but I can truly say that during the duration of my service to the City, I have had some of the best experiences and chaleenges of my life. ! have enjoyed working with you and your great staff at the City. I wish you continued success as you face the challenges of today and the future. Sin ly, ,, ,~~ ',.. ~~ /T omas E., ynch TEVptp Cc: Joseph M. Safford, Director of Finance Ms. Susan Ruby, City Attorney Karen Schell, Pension Board GIM~C GUILFORD MA1V-AGE11~jNT CONSULTANTS,LLC RECE~VEC3 ~$ SAN MAR ~ ~ 2009 CITY C L E R ~ 2006 NW Third Aven~xe, De3xay Beach, FL 33444 561-330-2250 gEUlfozdn~gintconsul#anlsQgzxkail.cc MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 9, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Nuisance Abatement Board. BACKGROUND There is a vacancy on the Nuisance Abatement Board due to the death of Ms. Eileen Marks. This vacancy is for a regular member to serve an unexpired term. The appointment should be made for a term ending July 31, 2010 to comply with the expiration date required in the City Code. Secondly, alternate member Mr. Leonard Epstien, verbally resigned on May 28, 2009. This creates a vacancy for an alternate member to serve an unexpired term ending July 31, 2011. Please note that Ms. Linda Laurence-Leib is an alternate member and would like to be considered for regular membership. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisances on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: Linda Laurence-Leib Incumbent Brian Smith A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve on the Nuisance Abatement Board for an unexpired term ending July 31, 2010 and Commissioner Frankel (Seat #3) for one (1) alternate member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) regular member and one (1) alternate member to serve on the Nuisance Abatement Board for unexpired terms ending July 31, 2010 and July 31, 2011. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 10, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before City Commission for appointments to the Downtown Development Authority. BACKGROUND The terms for Mr. Francis Marincola and Mr. David Cook will expire on July 1, 2009. Mr. Marincola will have served one (1) full term, is eligible and would like to be considered for reappointment. Mr. David Cook will have served an unexpired term, is eligible and would like to be considered for reappointment. There will be two (2) appointments made for two (2) regular members to serve three (3) year terms ending July 1, 2012. The Downtown Development Boundary Map is attached for your review. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Herman Stevens, Mr. Fran Marincola, Mr. David Beale and Mr. Michael Listick. The following individuals have submitted applications and would like to be considered for appointment: See Exhibit "A" attached A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered with the exception of Mr. Percy Mejia and Mr. Kenneth Kaltman. Based on the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1) and Commissioner Fetzer (Seat #2) for two (2) regular members to serve three (3) year terms ending July 1, 2012. RECOMMENDATION Recommend appointment of two (2) regular members to the Downtown Development Authority to serve three (3) year terms ending July 1, 2012. tY Q Z O m .mot D 0 O Q H z w a O w w z 0 ~- z 0 0 ~, ~d~ Z ~_~ ~~ ~~ ~_~ ~~ 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 9, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Neighborhood Advisory Council. BACKGROUND Regular member, Ms. Claudia Flores (Zone 4), submitted her resignation from the Neighborhood Advisory Council effective March 22, 2009. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending October 31, 2009. Since the expiration date for terms on the Neighborhood Advisory Council is supposed to be July 31, 2009 according to the City Code, staff recommends letting the unexpired term remain unfilled until July 31, 2009. Anew three-year appointment could be made effective beginning July 31, 2009. A map of the Neighborhood Zones is included for your review. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals from Zone 4 have submitted applications and would like to be considered for appointment: Kristen Albanese Jennifer Garrison Isabel Make Mel Pollack A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve on the Neighborhood Advisory Council for a three (3) year term ending July 31, 2012. RECOMMENDATION Recommend appointment effective July 31, 2009 of one (1) regular member to serve on the Neighborhood Advisory Council for a three (3) year term ending July 31, 2012. CLAUDIA FLORES 19 Northwest 17~h Street $ Delray Beach, FL 33444 $ 561.702,2919 $ claudiafloresflamm@gmail.com March 22, 2009 Jennifer E. Costello, Neighborhood Planner City of Delray Beach, Neighborhood Advisory Council 900 Northwest 15tAvenue Delray Beach, FL 33444 Dear Ms. Costello: Please accept this letter as my resignation from my position as a Board Member of the Neighborhood Advisory Council (NAC) for my Zane. As you know, my husband and I are expecting our fast baby due the end of April. This, along with work responsibilities, has made it challenging for me to attend the monthly meetings consistently and to be involved with the NAC in a meaningful way. I would be doing the NAC a disservice by staying on as a Board Member and preventing someone else from stepping in and contribute at a greater level. While I am choosing to take a little breakfrom serving on the City's committee now, I still have great enthusiasm and interest in getting involved with our city=s local government in the future and I hope you will keep me in mind for open positions 6 months to a year from now. 1 appreciate the experience I have had in serving for the NAC in the past two years. 1 gained great insight to the City's wonderful resources and people that make this City the special place that it is. I wish the NAC the best of fuck as it strives to reach out to the communities and make a difference. ! look forward to being in touch again soon. Sincerely, Claudia Flores CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory ~ouneil - Appoin#menf Zones - .. ,~ ~ ,~ CIlYOF D0.F7AY A~ACJ{ f~ AUM~lING 6.2OWNG D~AR7K4(t AMR{Yf 700e " arm w!k L1fY[s~T3 ~-.~.._-_.~_ --~rAL SSE WPSYSJBI-- GRwvF(IC SfJt[E -~ MEMORANDUM TO: Mayor and City Commissioners FROM: City Manager DATE: June 12, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 AMENDMENT N0.2/MATCH POINT, INC. ITEM BEFORE COMMISSION The item before Commission is Amendment No. 2 to the agreement between the City and Match Point, Inc. which provides that the City shall be a Co-Title Sponsor for the ATP Champions Tour. BACKGROUND At the June 2 Commission meeting, the Commission requested that the Budget Task Force review Amendment No. 2 to the City's agreement with Match Point, Inc. regarding the proposed ATP Champions Tour event. The Budget Task Force evaluated the amendment and negotiated changes as described in the attached memorandum from Finance Director Joe Safford. The Budget Task Force recommends approval of the revised Amendment No. 2 to the agreement with Match Point, Inc. RECOMMENDATION Recommend Commission approval of Amendment No. 2 to the agreement between the City and Match Point, Inc. MEMORANDUM To: David T. Harden, City Manager From: Joseph M. Safford, Finance Director Date: June 12, 2009 Subject: Match Point Champions Tour Event (Amendment No. 2) The City Commission requested the Budget Task Force to review Amendment No. 2 to the Match Point Agreement and make recommendations back to the City Commission. This memorandum will provide these recommendations. The Budget Task Force has completed its evaluation of Amendment No. 2 to the Match Point Agreement which establishes the ATP Champions Tour event at the Tennis Stadium complex. The following represents a comparison of the original Amendment No. 2 as submitted to the City Commission to the revised Amendment No. 2 to be submitted to the City Commission on the June 16th meeting for final approval. • Original term of the amendment expired in the Year 2030 (approximately a 20 year agreement). The Budget Task Force and Match Point have agreed to a 5-year agreement (expiration in Year 2014) with options to renew after 5 years or cancel the agreement after 2 years (April, 2011) or 5 years (April, 2013) if the City does not at least cover its $750,000 in sponsorship costs with sponsorship funds received from IMG (net of IMG fees). • Original amendment included a $75,000 sponsorship administrative fee for Match Point to administer the CRA sponsorship of $500,000. The Budget Task Force and Match Point have agreed that there will be no sponsorship fee to Match Point for the CRA sponsorship funds. • Original amendment included a $20,000 fee to Match Point for allowing the City to pay for the initial tournament sponsorship fee of $375,000 over a 4-year period. The Budget Task Force and Match Point have agreed that there will be no fee for allowing the City to pay the $375,000 over 4 years. • Original amendment included a 10% sponsorship administration fee to Match Point on all sponsorships received for this event. The Budget Task Force and Match Point have agreed that there will be a 5% sponsorship administrative fee to Match Point for administering sponsorships. • Original amendment included a $30,000 reimbursement to the City from Match Point if the event is not televised. The Budget Task Force and Match Point have agreed that there will be a $100,000 reimbursement to the City from Match Point if the event is not televised. • Original amendment included a $200,000 minimum be used for player appearance fees. The Budget Task Force and Match Point have agreed that there will be a minimum of $250,000 spent on player appearance fees and proof of the payment must be submitted to the City within 45 davs followinE the event. • Original amendment did not include any penalty clause for Match Point not renewing the agreement and taking the ATP Champions Tour to another location. The Budget Task Force and Match Point have agreed that if Match Point does not renew and moves the event to another location within 2 years of the last event, Match Point will reimburse the City for the City's sponsorship fees during the previous term net of any sponsorship fees received by the City during that term. This reimbursement, if not paid within 60 days following the relocation of the event, may be netted against the ATP World Tour fees due to Match Point by the City. It should be noted that there are no payments due Match Point from the City until October, 2010 which is FY 2010-2011. No budgeted funds will be required in the FY 2008-09 Budget or the FY 2009-10 Budget. This will allow the City and IMG to have 16 months to find sponsorships for the City to offset its future costs. The Budget Task Force is attempting to minimize any risks of the City having to upfront any costs without having offsetting revenues from new sponsorships and hopefully to even have excess funds to offset some of the City costs of the original agreement (ATP World Tour). The Budget Task Force and the Match Point representative, Mark Baron, conducted a very congenial and professional discussion during two separate public meetings. Both parties were very complimentary of each other over the deliberations. Mr. Baron stated the Budget Task Force had done an exceptional job in negotiating this amendment ("It cost me millions of dollars") and felt this effort was indicative of what the City needs on a continuing basis. He felt that the final agreement is "something that is good for everybody". The Budget Task Force would recommend approval of Amendment No. 2 as amended. Cc: Budget Task Force Mark Baron, Match Point, Inc. Robert Barcinski, Assistant City Manager Becky O'Connor, Treasurer Lisa Herrmann, Budget Officer Karen Schell, Pension Administrator AMENDMENT N0.2 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND MATCH POINT,. INC. THIS AMENDMENT NO. 2 to the Amended and Restated Agreement between the CITY OF DELRAY BEACH (CITY} and MATCH POINT, INC. (MP) is made this day of , 2aa_. WITNESSETH: WHEREAS, the CITY and MP entered into an Agreement dated October 12, 20x5 (the Agreement}; and WHEREAS, MP has offered to provide an "ATP Champions Tour" event at the Tennis Center as wel! as manage sponsorships that are sold; and WHEREAS, the "ATP Champions Tour" event shall run concurrently with the current ATP World Tour event held at the Tennis Center; and WHEREA5, the CITY is the Co-Title Sponsor for the ATP World Tour event and shall now be a Co-Title Sponsor of the ATP Champions Tour event; and WHEREAS, MP shall administer {management and handling of sponsorship} all CITY sponsorships sold, which sponsorships shall include both tour events and MP shall receive a 5% fee of each sponsorship sold; and WHEREA5, the parties wish to amend the Agreement to allow for the "ATP Champions Tour" event as well as the administration of the sponsorships and to clarify the payments due for both events. NOW, THEREFORE,. for good and valuable consideration, herein provided, the CITY and MP agree as follows: 1 1. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Section 1.01. GRANT AND TERM, is hereby amended to provide that an event currently called "ATP Champions Tour" event shall also be included in the term "Event". The "ATP Champions Tour" shall be a three to five day event, plus additional days for a rain delay, and shall run concurrently with the ATP World Tour event. The start of the "ATP Champions Tour" event shall coincide with the start of the qualifying rounds of the ATP World Tour event. The initial term of the ATP Champions Tour event shall begin upon the execution of this Amendment and conclude on March 31, 2014. The ATP Champions Tour event shall be renewed for two five year and one six year period, (2015-2019, 2020-2024, 2025-2030), unless, either party, by April 1 of the year preceding the start of a renewal period [April 1, 2014; April 1, 2019; April 1, 2024] provides notice to the other party of its intent to, not provide the event in MP's case, or of its wish to not fund the event in the case of the CITY. This cancellation provision only applies to the actual holding and funding of the ATP Champions Tour event and. not to any other provisions of this Amendment or the underlying agreement. 3. Section 1.06. CITY MARKETING SUPPORT is amended as follows: A. CITY will at no cost to MP assist in the promotion of the Event by using its available marketing resources which may include- advertising, newsletters to tennis center members, brochures, and other printed materials, such as authorized by MP. The CITY is not required to create new advertising programs. B. MP shall provide a revocable license to CITY for the use of the Event name and. logo, including photographs for the purpose of promoting its association with the Event, but shall have no ownership interest in any intellectual property rigfits which may arise from the Event, including without limitation the Event name and logo. All advertising and promotional materials pertaining to the Event must be preapproved in writing by MP for purposes of quality control, which shall not be unreasonably withheld. The CITY may 2 not use photographs; biographies, or any Event materials in any way which could be interpreted as an endorsement of the Tennis Center or C[TY by a player, without such player's prior written consent or MP's consent as the case may be. C. CITY shall be the Co-Title Sponsor for the ATP World Tour event, as provided by Exhibit "D", and shall have the right and responsibility to be the designated originator of three Emerald and three Diamond City Sponsorships as provided in the Composite Exhibit "E". The CITY may request changes to items listed in Exhibit "E" provided that MP consents to the change, which consent shall not be unreasonably withheld, and the proposed change represents a similar dollar value. MP shall not give, transfer or sale any sponsorships to any other Co-Title Sponsor during the term of this Agreement. If for any reason the Event is not televised, MP shall. pay CITY $30,000.0.0 {which will increase by the same percentage each year as the CITY's payment to MP as set forth in Paragraph 3.01(A)} as a refund #oward Iost advertising. Notwithstanding the foregoing, MP shall not be obligated to pay the CITY the $30,OOO.OD, including any applicable increase, -sum where any such failure or inability to televise the Event was caused by casualties, acts of God, material shortages, war, weather, utilities blackout, water shortages, governmental regulation, strikes or labor disputes, or MP`s inability to secure necessary governmental permits after a reasonable effort by MP to so obtain said permits, if any. D. CITY shall also be the Co-Title Sponsor for the "ATP Champions Tour" event, as provided by Exhibit "F". The CITY may request chances to items listed in Exhibit "F" provided that MP consents to the change, which consent shall not be unreasonably withheld, and the proposed change represents a similar dollar value. If for any reason the Event is not televised MP shall a CITY 100 000.00 which wil! increase b the same ercenta a each ear as the CITY's a meet to MP as set forth in Para ra h 3.01E as a refund toward lost advertisin . Notwithstandin the fore oin MP shall not be obli ated to a the CITY the 100 000.00 sum includin an a livable increase sum where an such failure or inabili to televise the Event was caused b casualties acts of God material shorta es war. weather utilities blackout water shorta es overinmental re ulation strikes or labor dis utes or MP's inabili to secure necessa overnmental ermits after a reasonable effort b MP to so obtain said ermits if an . If funds are re wired to be refunded to the Ci the will be refunded within 60 da s of the conclusion of the event. If such funds. are not returned to the CITY within the 60 day period, the CITY shall have all legal remedies at law as well as the ability to withhold the amount due to the CITY from MP from future a meets made to MP related to the ATP World Tour event. 4. Section 2.01. ORGANIZATION, Subsection (J}, is hereby amended as follows: 3 J. MP, for the ATP World Tour event, shall spend at least $150,000.00 annually for player appearance fees and such fees shall increase by the same percentage as the CITY's payment to MP as set forth in Section 3.01(A). In the event that MP fails to pay a fee of $150,000.00, or as it may be increased, which flee shall not include any prize money awarded, for player appearance fees in a given year, MP shall, within 30 days, refund the amount tha# it did not pay to the CITY. MP shall consult with the CITY regarding players and appearance fees prior to the signing of a player by MP and to the extent reasonable shall endeavor to secure players the CITY and MP agree will be most beneficial for the Event. MP shat{ provide proof of payment of the_ _a_ppe_arance fees to the City within 45 days of the conclusion of the event; and MP, for the ATP Champions Tour, shall spend at least $250,DDD.DO annually for Ig aver appearance fees and such fees shall increase by the same percentage as the CITY's payment to MP as set forth in Section 3.0.1 {E}. In the event that MP fails to gav a fee of $250A00.00, or as it may be increased. which fee shall not include any prize money awarded, for,player appearance fees in a given year.. MP_shall, within 3D days, refund the amount that it did not pay to the CITY. MP shall consult with the CITY re~ aq rdIRQ la ers and a earance fees rior to the si nin of a la er b MP and to the extent reasonable shall endeavor to secure la ers the CITY and MP a ree will be most beneficial for the Event MP shall provide proof of payment of the appearance fees to the City within 45 days of the conclusion of the event; If funds are required to be refunded to the City, they will be refunded within 30 drays of the conclusion of the event. If such funds are not returned to the CITY within the 30 day eriod the CITY shall have all le al remedies at law as well as the abili to withhold the amount due to the CITY from MP from future a ments made to MP related to the ATP World Tour event. 5. Section 2.01, r7RGANIZATION, Subsection (S), is hereby added as follows: S. The standards of the ATP Champions Tour shall apply to this Agreement. regarding the quality of the players and the format of the play. There will be a minimum of 8 players to participate in the ATP Champions Tour event and 6 of the 8 placers must meet one of the following criteria: (1) must have been ranked no. 1 in the world, (2} champion or finalist of a grand slam event, (3) must have been a participating member of a Davis Cup team that won the Davis Cup for a particular near; or (4} must have achieved "marquee" status." MP sha[I provide a list of the proposed players to the CITY at least 2 months prior to the event. 6. Section 3.01. PAYMENTS AND REVENUE, is hereby amended as follows: 4 3.Ot PAYMENTS AND REifENUE A. Payment to MP by the CITY for the ATP World Tour event shall be as follows: 1. $875,000..00 to MP minus $180,250.00 (previously paid by the CITY) or $694,750.00 paid in four equal installments of $173,687.50 payable November 1, 2005; December 1, 2005; ,~anuary 1, 2006_ and February 1, 2006. 2. $35,OOD.DO to MP payable on March 1, 2006 and on the first day of each month thereafter up to and including September 1, 2006. $134,75D.DD to MP payable on October 1, 2006 and on the first day of each month thereafter up to and including February. ~ , 2007. Thereafter, the monthly base payment amounts provided above shall be increased by the percentages listed below for the applicable year of the Agreement. 3. Beginning on March 1, 2006 and continuing for 10 years the base fee shall increase by 5% each year. 4. Beginning on March 1, 2016 and continuing for 4 years the base fee shall increase by 4.5%. 5. Beginning on March 1, 2020 and continuing for 3 years the base fee shall increase by 4%. 6. Beginning on March 1, 2023 and continuing for 4 years the base fee shall increase by 3.5%. 7. Beginning on March 1, 2027 and continuing for 3 years the base fee shall increase by 3%. B. The CITY shall retain all proceeds from Palm Beach County regarding this Event, however, excluding any proceeds from the Convention Business Bureau and excluding any funds that are a result of an application made directly by MP to Palm Beach County. The CITY shall also retain any revenue received from parking, excluding valet service offered by MP. C. Naming Righ#s -The CITY may sell the Naming Rights to the Tennis Stadium, Center or any other part of the facility, without the permission of MP and shall retain all proceeds from such sale. D. CITY Sponsorships -The CITY may sell 3 Diamond and 3 Emerald sponsorships pursuant to Exhibit "E." MP shall receive a 5% administrative tee on all s onsorshi s sold excludin the CRA s onsorshi -for mans in and handlin the s nsorshi s after the CITY receives full a ment for such 5 s onsorshi The duties that MP will be re uired to erForm in administerin the s onsorshi s are listed on Exhibit "G" attached hereto and into orated herein. E. Pa ment to MP b the CITY for the ATP Gham ions Tour Event shall be as follows: 1. 375 000,00 b October 1 2010 this amount shall increase b 3% each near thereafter and shall be due on October 1 of each near) which is payment for the 2011 event.. 2. $93,750A0 by January 15, 2011,, (this is '/4 of $375,000.00 and shall be paid over 4 .years., three o#her p~ments of $93,750,00 shall be made on January ~ 5 for the 3 following years), which is payment for the 2010 event. 7. Section 4.01. TERMINATION is amended by adding the following: C. The CITY ma terminate its fundin of the ATP Cham .ions Tour event if it has not received,_~t a_minimum, $750,000..00, from the sale of sponsorships, naming rights, determined by the CITY in its sole discretion, by April 1, 2011. Funds shall only be deemed received if the CITY has_actually received the money, a promise or contractual agreement to deliver the funds at a future date is nat funds received. The CITY may terminate its funding of the ATP Champions Tour event, if it has nat received, at a minimum, $750,000.00, from the_ sale of sponsorships,_„naming rights, corporate, personal or other funding specifically given for this Event {excluding any funds received from the Delra Beach Communi Redevelo men# A enc Burin the time enod from April 2, 2011 to April 1, 2013, as determined by the CITY in its sole discretion, by April 1, 2013. Funds shall only be deemed received if the CITY has actually received the money, a promise or contractual agreement to deliver the funds at a future date is not funds received. If the CITY decides to_terminate its funding of the ATP Champions Tour event as described in this ara ra h C it must rov'rde written notice to MP within 30 da s of the conclusion of the 2011 or 2013 events. If the CITY terminates its fundin of the ATP Cham ions Tour event after the 2011 event it shall be re uired to make a final payment of $281,250.00 (which represents the balance owing for the 2010 event) to MP by October 1, 2011. if the CITY terminates the ATP Champions Tour event after the 2013 event it shall still be required to make the final '/ ,payment for the 2010 event, which is $93,750A0, to MP by October 1, 2013. 8. Section 4.02. DEFAULT BY MP, is hereby amended by amending Subsection (A) to provide that the language listed in Subsection (A) referring to funds payable to the City if MP moves the Event shall not apply to the ATP Champions Tour event. 9. Anew Section 4.06. RELOCATION OF THE ATP CHAMPIONS TOUR BY MP, is hereby added as follows: if MP relocates the ATP Champions Tour event to another location, within a 2 year period of the date of the last event, MP shall refund to the CITY ail funds paid to MP by the CITY for the ATP Ghamnions Tour event, up to the date of relocation,, minus anv funds received by the CITY from the sale of sponsorships, naming r~hts, corporate, personal or other funding specifically given for the Event Excluding anv funds received from the Delrayeach Community Redevelopment Agency). If funds are reauired to be refunded to the City. they will be refunded within 60 days of the date the event was moved. If such funds are not returned to the CITY within the 60 day period, the CITY shall have all Legal remedies at law as well as the ability to withhold the amount due to the CITY from MP .from _future paymerttsmade to MP related to the ATP World Tour event. 10. All terms and conditions contained in the Agreement, dated October 12, 2005, between the parties will apply to the uATP Champion Tour" event unless otherwise provided for in this Amendment. 11. The original agreement dated- October 12, 2005, amendment no. 1 dated June 19, 2008 and this Amendment No. 2, constitute the entire agreement between the parties with respect to the subject matter hereof and supercedes all prior verbal or written agreements between the parties with respect thereto. 12. This Amendment No. 2 to the Agreement sha11 be effective upon the approval by the CITY and by MP. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 the day and year first above written. 7 ATTEST: By: City Clerk Approved as to legal sufficiency and form: By: City Attorney WITNESSES: Print Name: Print Name: CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor MATCH POINT, INC. By: Mark S. Baron Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 200_, by , as {name of officer or agent, title of officer or agent}, of (name of corporation acknowledging}, a (state or place of incorporation} corporation, on behalf of the corporation. He1She is personally known to me or has produced {type of identification} as identification., Notary Public -State of Florida 8 EXHCBCT "F" revised 27-~LIrry-09 "Tennis engena'ers brand loyalty second only to NASCAR and has a fan lirxse with a high average .net worth. -Sport Business International IDENTIFlC.4TlON " Name,~loga included in the "Official Tournament Title" "Presentation of trophy to finalist " Stadium Court signage (name/logo) "Identification on each of the- north and soutt- court .level backdrops Featured signage placement on north and south 6ackdraps continuously in sightline from camera positions as well as having premium visibility by all stadium spectators " 1 sign on each of the east and west sides Featured signage placement on east-and west sidewalk continuously in sightline from camera positions as well as having premium visibility by all stadium spectators " 1 sign on each of the two on-court scoreboards Featured signage placement on scoreboasds in line with camera positions and highly visible for all patrons " 1 sign an the upper level Premium signage placement on the upper level is visible to all north, south and east side patrons "signage on Stadium Veranda VIP canopy Exclusive signage placement on the VIP canopy is visible to all south, east and west side patrons " 2nd show court signage (namellogo) "Identification on each of the north and south court level backdrops " 1 sign on each of the two an-court scoreboards " 3rd show court signage (name/logo) ''Identification on each of the north and south court level backdrops '' 1 sign on the on-court scoreboard ., "Recognition as the Co-Title Sponsor on Sponsor's Board at tournament entrance " Recognition as the Co-Title Sponsor on Sporisor's Board prominently displayed on-site " Recognition as the Co-Title Sponsor in the Official Tournament Program "Recognition as a Box Holder on Box Holder's Board. prominently displayed on-site "Recognition as a Box Holder in the Official Tournament Program "Corporate identification at the Box seat entrance in Stadium Court * Sponsors & Box Floiders Boards are prominently displayed veer--round at the Delrcry Beach Tennis Center & Stadium ADVERTISING "ATP Champions Tour )event featured in internationally televised ATP Highlight Program "ATP Champions Tour Event highlights featured during national and intematianal coverage of ATP Worid Tour event ADVERTISING (continuation) " 2 Public address announcements per session on Stadium Court " Recognition in print and promotional materials produced by Match Point, Inc. (i.e. 90,000 ticket brochures, Official Tournament Posters distributed regionally to I00+ country clubs, newspaper advertisements, etc.) " Right to incorporate sponsor's tournament affiliation in promotional activities PROMOTIONS " "Featured Sponsor Session" elevated to promotion of sponsor, including Signage at tournament entrance naming sponsor as "Session Sponsor" " Righ# to distribute product at tournament entrance " A 10' x l 0' exhibition booth to showcase sponsor's products and services, including 2 exhibitor credentials and 1 parking: pass per session. Sponsor to provide copy of database obtained during week of ITC " Preferred ticket pricing for an employee appreciation outing andlor client entertainment (10 % on Box Seats, 20 discount on Reserved Seats}; ITC will create custom email and landing page on YeIlowTennisBall.com featuring promotion and ordering mechanism "Assistance in designing promotions and creating tournament related marketing. programs "Sponsor may supply product to spectators, players, tournament VIP's, upon Match Point, Ine,'s approval TICKETS CREDENTIALS & PASSES " 4 seats in the Stadium Veranda per session " 2 valet parking passes per session " 10 b.ox seats each per session "4 VIP credentials " 5 VIP parking passes per session " 24 Reserved seats (sections A - O) on stadium court per session " 12 Premier parking passes per session " 100 grandstand seats per session WEBSITE & E NEWSLETTER "Recognition on Official Tournament Website (13,000,000+ visits during tournament) "' Link to company's website from Official Tournament Website, www.YellowTennisBall.com " "Featured Introduction" to 9,000-plus fellow sponsors, VIPs, box holders and patrons via Ye1lowTennisBall.com E-newsletter HOSPITALITY "Access throughout the tournament week to the private Box Holders Lounge, featuringfull-bar, complimentary `drink of the day', snacks and live TV coverage of the matches in an indoor/outdoor oasis overlooking the. event "Invitations for 10 people to join us for the Sponsors/Players Party "Hospitality areas with catering are available for .your entertainment needs This City of Delray Beach Co-Title Sponsorship for the ATP Champions Series event is $3 ~5, 000per,year for 21 years, increasing 3 ~ annually. T (561) 330-6000 ~ 3D Northwest-1st Avenue ~ DelrayBeach, FL 33444 (F (561) 33D-60D1 YellowTennisBul~eom ~ Facebook, Myspdee & Twitter; Delray Beach ITC EXHIBIT "G" /1/~G{~"C~IPe~ Exhibit G Each contract requires a special "sponsorship needs" document to be created corresponding to the specifics of each item in the sponsorship. The dacumenf is used to convey to the sponsor what items the tournament will need in order to properly fulfill the sponsorship.l7eadlines and proper formats far each item are included. This document is sent to the sponsor within a few days of the agreement being signed. The tournament's sponsor relations personnel contacts the sponsor to review each section of the partnership. After a complete review of the agreement the sponsorship needs document will be discussed in detail with the sponsor. This process helps to alleviate any miscommunication about applicable requirements on the part of the tournament and the sponsor. The following sections convey the tournaments administration of each sponsorship: - in-house staff contacts new sponsor for general company information. including, but not limited to: -Paint of contact and contact information -Name and contact information of any relevant personnel -Company name as it showld appear in print 8e on tournament website -Web Address to link to www.YellowTennisi3alLcom -Company logo (vector-based EPS format) -Company tag line -Corporate mailing address -The above ascertained information is utilized as follows: - Identification -Court signage -Tournament can use company's corporate logo identification or sponsor may choose to create something unique. Artwork must be provided in a vector-based EPS format. -Once logos are received, 9D percent of the time they are ]pegs which are not vectorized (reproducible in scale while maintaining integrity} so clarity is generally an issue. Logos must be edited, sometimes even rebuilt, to turn them into vector art to ensure clear images regardless of scale. Some sponsors will use different logos or branding pending the signage location and dimensions so the. process is then elongated. - Once logos are. vectorized and made ready for use, we work with a local Delray Beach vendor for design, printing, delivery and installation of signage, On-court signs are customized large 8' x 36" Lexcore custom-blue panels (to match center court's aquatic theme] that are shipped frarn Kentucky to the belray Beach sign maker. -Sign maker presents multiple layout .options for us to review and send to sponsor. Some sponsors prefer vertical layouts, some prefer horizontal layouts, all pending the application. Upon tweaking the design to the sponsor's satisfaction, we will give the official "OK to print" to the vendor so that he can print the piece. -This process is repeated for each and every piece of court signage that has the sponsor's. identification on it, i.e. on-court signs, upper level stadium signs, court 1 and court 4 signs. -Sponsors boards -Same as with on-court signage, must ga through process of vectarizing logos. Sometimes multiple logos pending the sponsor's desires, which lengthens the process. -Different than nn-court signage which features individual logos on a single piece of substrate, sponsors boards include multiple logos and the design part of the job is more timely. For this process we have to work with a 3'd party graphic designer. - At the same time we accumulate the required logos and go through the vectarizing process, we also work with the designer on the header, framework and theme farthe sponsors boards. This overall look must be conducive to not just the two sponsors boards, but also the singles draw board, doubles draw board, Patrons board and box holders board so everything has a cohesive appearance. -Once we receive the multiple logos that will be featured on the sponsors boards, we work closely with the designer to ensure that the size, layout and pattern of the logos properly represents the level and value of the featured sponsors, - Before the design of the sponsor boards is officially signed off onto print, the draft goes through a process of checks and balances amongst office staff to ensure accurate listing of sponsors has been assigned. --The large files are then sent from the designer to the local printer for production, delivery-and installation. - Box Holders Board -Similar to the sponsors boards, but featuring the name listing of the sponsor rather than the logo identification. The official name pfthe company is confirmed to ensure that proper identification is given, i.e. with or with "Inc.", full name compared to common abbreviations, etc. -Also Like the sponsors boards, the detailed graphics require the work of the same 3`d party designer. Once the tournament accumulates the hundreds of names for listing on the box hniders board we then forward the list to the designer for layout. It is important that each and every name is accurate therefore the list goes through the system of checks and balances to ensure all names are represented and correct. -Upon reviewing the draft of the sign, going through a 2"d process of checks and balances and signing off on the approved piece, the designer sends the large file to the local printer for production, delivery and installation. -Official Tournament Program - Similar to the Sponsors Boards in that the sponsors page in the program includes multiple logos and names. Far this purpose, we must again go through process of vectorizing-logos as many on this page wil[ not have been vectorized yet as the sponsor didn't have signage for which we would've tended to the logo previously, ar some of the sponsors may choose to use a different logo for this page as it's ahand=held publication ratherth.an a visual representation on a sign. - For those sponsors who receive name recagni#ion, not logo identificatian,tke official name of the company is confirmed to ensure that proper identification is given, i.e. with or with "Inc.", full name compared to common abbreviations, etc. - Once we receive the multiple logos and names that will be featured on the sponsors page in the program, we work closelywith the designer to ensure that the size, layout and pattern of the logos and names properly represents the level and value of the featured sponsors. - Before the design of the page is officially signed off on to print, the draft. also goes through a process of checks and balances amongst office staff to ensure accurate listing of sponsors has been assigned. - B'ox Seat Entrance - The officio) name of the company is confirmed to ensure that proper identification is given, i.e. with or with "Inc.",full name compared to common abbreviations, etc. -Once the full list of box holders is accumulated, with their seating assignments, the detailed list is sent to the sign maker for design of the individual signs: -Sign maker will produce drafts of each individual sign, including the name of the box holder with their seating assignment. We will then review each piece far accuracy before giving the OK to print, produce, deliver and install. -Advertising -Official Tournament Program - Receive the sponsor's advertisement from in-house staff and review ad far size accuracy and to make sure there are not any obvious technical issues. Specifications: -PDF, TIFF, QXD, P5D,1=H, CDD, 3D0 DPI JPG (PLEASE NOTE - We prefer to receive a 300 DPI PDF. If you can convert the fonts please do so. If not, have them embedded into the PDF document.) -All files need to 6e converted to grayscale -With bleed Full-page 8.75 inches (wide) x 7.25 inches (tal!) 1/2 page, horizontal 8.75 inches (wide) x 3.75 inches (tall} 1/2 page, vertical 4.50 inches (wide) x 7.25 inches (tall) - No bleed (there will be a .25 inch border around ad) Full-page 8 inches (wide) x 6.5 inches (fall) 1/2 page, horizontal 8 inches (wide) x 3 inches (tall) 1/2 page, vertical 3.75 inches (wide) x 6.5 inches (tall) -Trim size is 8 Yz x 7 - If obvious problems exist, we return the ad to the sponsor who can fix the problems or we can assess the cost from tournament's graphic artist -Advertisement is then forwarded to program designer for thorough inspection, including margins, line screen, resolution, etc. Once individual ad is approved, it is filed as "ready for print". -Once all advertisements and editorial are compiled, the book is laid out with special attention paid to positioning of sponsor's advertisements. Consideration is given to the size of the sponsor, location relative to intriguing editorial content, right side or left side page, cover or internal placement, depth, etc. -Draft of book is program is then created for review, checks and balances. Upon confirming all ads and.editarial are placed, accurate and clear, the book is readyfor printing, binding and delivery. -Name/logo Inclusion in Promotional Materials -Pending level of sponsorship, sponsor's identifying trademark is included in tournament's marketing and promotional materials, i.e. ticket brochures, posters, print ads, billboards, TV spots, etc. Far this purpose, vectorized logos are crucial and that same process is foNowed far any logos incorporated into the tourna.ment's campaign. -Placement of logos within campaign is strategic in order to maximize the branding effort ofthe sponsor and event alike, so they nurture each other. -Before promotional and marketing materials are signed off on for production, they go through a system of checks and balances to make sure all required sponsor identification is apparent and accurate. - Right to incorporate Affiliation -Tournament works with sponsor individually to tie-in their affiliation with the event in their advertising and branding efforts. -Promotions - Exhibition Booth -Tournament will work with sponsor on times for pre-tournament setup and post- tournament breakdown, schedule of tournament sessions and hours the exhibition booth is expected to be open, staffing of the exhibition booth during the tournament with proper credentials and parking passes. Any enhancements to booth are also reviewed. -Tournament pays special attention to sponsor's exhibiting opportunity. As a key interactive element to the sponsorship, care is taken when placing the sponsor on the property in an effort to maximize their experience-Is it a product, is it a service, are they retail, are they display, is it relative other exhibitors whereby they can aid each other's exhibiting and the tans' interactive experience? - OperationalEy, the tournament tends to the electric, phone, lighting, structural and security needs relative to the exhibit booth. - Signage is also included and therefore the signage process then comes into play, i.e. correct identification, checks and balances, production process, etc. - Public Address Announcements -Tournament works individually with sponsor on the creation of their personalized 4p- word public address announcement. Tournament provides well-received examples from other spnnsors and input regarding a rewarding announcement. - Assistance in Designing Promotions -Tournament works one on one with sponsor to help them best use the tournament and their affiliation with the event to maximize their gain. This includes pre-event, during-event and post-event. -Supplying product -The tournament knows who is on property, when they're on property, the demographic make-up of these people and when and how best to engage them. With this knowledge the tournament works with each sponsor individually, if applicable, on creating an interactive experience, even facilitating introductions personally if beneficial. -Tickets, Credentials & Passes -Tournament works with sponsor on-any special requests regarding the distribution of box seats, ViP credentials, sponsor credentials, VIP parking, premier parking, reserved seating and special event passes. Explanation for the proper use of each type of ticket and pass is reviewed with the sponsor. Because of the diverse seating, tickets and passes, an explanation of the stadium and venue is beneficial. -Web Site & E-Newsletter - Tournament's web site, YellowTennisBall.com, is iconic in the industry; Time and resources are continuously devoted to making it a viable year-round marketing tool for sponsors and partners. Reciprocal linking on sponsor pages, within news stories and in on-site features includes obtaining sponsor's desired URL and hyper-linking to it wherever the sponsor is addressed on YellowTennisBall.com -Tournament works with sponsors to create a provocative corporate introduction to feature in the tournament's Official E-newsletter (approximately 9,D00 recipients). Tournament compiles the name, logo/picture and short release that links to the full story on Yellow7ennisi3al[.com. The e-newsletter database is opt-in and continuously updated with new followers. - Hospitality & Entertainment -Tournament takes the lead with selected staff at sponsor organization regarding invitations and RSVP's for tournament functions. - If the sponsor requires hospitality area with catering for entertainment, the tournament reviews the available schedule with sponsor and makes accommodations for the number of quests, catering/menu, decor, entertainment, etc. Official Tournament Merchandise -Official ITC logo apparel is part of all sponsorships and the tournament is responsible for making sure that each sponsor receives their specified merchandise vouchers in the sponsorship package This process is repeated six times, once for each of the six sponsorships that the City has at its disposal to sell. Additionally, Match Paint, lnc. works with City's sales agency to aid the process in advance of the sale, during the sale and throughout fulfillment of the sale MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 9, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF .TUNE 16, 2009 ORDINANCE N0.31-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated amendment to Chapter 35, "Employees Policies and Benefits", subheading "Retirement Plan", of the Code of Ordinances of the City of Delray Beach, Florida, by amending Section 35.097, "Retirement Income; Basis, Amount, and Payment"; amending Section 35.100, "Beneficiaries; Contingencies" which adds a pop-up provision to the General Employees Pension Plan. BACKGROUND At the first reading on June 2, 2009, the Commission passed Ordinance No. 31-09. RECOMMENDATION Recommend approval of Ordinance No. 31-09 on second and final reading. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Susan A. Ruby, City Attorney DATE: May 20, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JUNE 2, 2009 ORDINANCE N0.31-09 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 31-09 which adds apop-up provision to the General Employees Pension Plan. BACKGROUND The City Commission recently passed a provision in the Police/Fire Pension Plans that added a feature known as a pop-up provision. This ordinance provides apop-up provision for the General Employees Pension Plan. Under this provision, if a member chooses a joint and survivor benefit and pop-up benefit, the member's pension amount, while actuarially decreased to address the pop-up feature would if the spouse dies before the member, increase but not more than that of a straight life annuity amount. Because the total amount received under the pop-up option is reduced further, the provision does not usually have a cost impact. RECOMMENDATION The City Attorney recommends approval of Ordinance No. 31-09. http://miweb001/AgendasBluesheet.aspx?ItemID=2224&MeetingID=208 6/9/2009 .~. .~ ~~ «~ ~_ / 4 `l~~' LEWIIIS, LONGMAN & WALKER, PA. ~ ~ 1 t 7 ~' 1 r 1 b R v L ?t kS~ R6?LY TO: TALLAHA$EFF Mary 18, 2009 Ms. Susan A. Ruby City Attorney City of Delray Beach 200 N.W. 1~` Avenue Delray Beach, FL 33444 Re: Amendment to General Employees Pension Plar>-"Pop-up" Option Dear Susan: Attached is an ordinance amending Chapter 35 of the City Code: "Employee Policies and Benefits"; specifically, section 35.097, "Retirement Income; Basis, Amount, and Paymen#". The revision would provide an addztional, voluntary option for general employees who select a joint and survivor form of retirement benefit. Under a joint and survivor benefit, a member elects to receive an actuarially reduced monthly pension for life, and if the member dies, a joint pensioner continues to receive 75%, 66.66%, or SO% of the member's benefit (based on the member''s .election}. far life. Under the `fop-up" provision, the member's man#lily benefit would be actuarially reduced (a further reduction of the already reduced joint and survivor benefit). Therea#ter, if the member's joint pensioner dies before the member, the member's benefit would be increased to a straight life annuity amount. Because the benefit of any member electing the `fop-up" option is actuarially reduced, such provisions are usually found to have no cost impact. Please call me if you have any questions concerning these matters. Sincerely, Glenn E. Thomas Helping Shame Florida's Futures B~+u>~Irron 100] 3r° Av W t ~,-cr~salvvilJ.P Ta[.LA,HASS6E Wes' pnLnt B>~-cx enue es Sulu 670 24S Riverside Avenue Suite 150 26(18 Centennial Place Suite 100 1700 Palm Beach Lakes Hlvd. Bradenton, FL 34205 (441)70$-4040 Jaeks°nville, FL 32202 (904]351-6410 Tallahassee, PL 32308-0572 ~~ 1000 Vilest palm Hach, FI. 33401 Fax: (9,4.1) 7~-4024 Fax: (904) 353-7619 (830)225702 Fax: (SSO) 274-4242 (561)640-0820 Fax: (SG 1]640-8202 www.l)ww-law.cont