Res. No. 186-24RE SO LUTI O N NO .186-24
A RE SO L U T IO N O F THE CITY C O M M ISSIO N O F TH E C ITY O F D ELRA Y
BE A C H ,FL O R ID A ,A P PR O V IN G T H E ISSU A N C E O F A PU RC H A SE O R D ER TO
C J C O N T RA C TI N G ,LLC,FO R EX TER IO R IM PR O VEM EN TS TO A
R E SID E N TI A L B U ILD IN G FO R T H E CITY O F DELRA Y BEA CH CU RB APPEA L
PR O G RA M PU R SU A N T T O C IT Y SO LI C IT A TI O N Q U IC K QUO T E N O .2024-021;
A U T H O R IZ IN G T H E CITY M A N A G E R T O TA K E ANY A ND ALL A CTIO N S
N E C E SSA R Y T O EFFECTU A TE T H E IN TEN T O F TH IS RESO LU T IO N ;
PR O V ID IN G AN EFF E C TI V E D A T E;A N D FO R OT H ER PU R PO SES.
W H E RE A S,the C ity of Delra y Beach ("C ity")is authori zed to enter into agreem ents to pro vide
serv ices,pro gra m m ing,and pro ducts in accordance w ith its Charter;and
W H E RE A S,the C ity requires exteri or im pro vem ents to residential buildin gs fo r its Curb Appeal
Pro gra m ;an d
W H E RE A S,the C ity desires to issue a pur chase order to CJ C ontra cting,LLC (""C ontractor"),to obtain
these serv ices pursuant to C ity solicitation Q uick Quote Q2024-02 l;and
W H E RE A S,the C ity C om m ission deem s appro val of this R esolution to be in the best interest of the
health,safe ty ,and welfa re of the residents and citizens of the City of Delra y Beach and the public at large.
N O W ,T H E RE FO RE ,BE IT RE SO L V E D BY TH E CIT Y CO M M ISSIO N O F TH E C ITY OF
D E L RA Y BE A C H ,FL O R ID A ,A S FO LL O W S:
Section 1.T he fo regoing recitals are hereby affirm ed and ra tified.
Section 2.T he C ity Commission of the City of D elra y B each hereby appro ves the issuance of a
pur chase order to C ontra ctor pursuant to the term s and conditions of Q2024-02 l,attached hereto and
incorpora ted herein as Exhibit "A ",and the C ontra ctor's Quote Pro posal,attached hereto and incorp ora ted
herein as Exhibit "B"
Section 3.T he City C om m ission authorizes the City M anager to take any and all actions necessary
to effectu ate the intent of this R esolution.
Section 4.T his R esolution shall becom e effective im m ediately upon adoption.
PA SS E D A ND A D O PTED in regular session on e /aay or'eea b4 ,2024.
nd legal suffi ciency:
»
A ttorn ey
4/26/2024 6:14 AM
City of Delray Beach
Exhibit "A"
Solic itatio n Q 20 2 4-0 21
R o c k T he B lock 202 4 -238 SW 5th Ave
B id Desi a na tion:Pu b lic...,
C ity of De lray Beach
Bid 02024-021
p.1
City of Delray Beach
Bid Q2024-021
Rock The Block 2024 -238 SW 5th Ave
id 02024-021
Bid Number
Bid Title
Bid Start Date
Bid End Date
Question &
Answer End Date
Bid Contact
Bid Contact
Q2024-021
Rock The Block 2024-238 SW 5th Ave
Mar 29,2024 4:33:24 PM EDT
Apr 17,2024 2:00.00 PM EDT
Apr 11,2024 5:.00:00 PM EDT
Eddyson Etienne
Purchasing Agent
etiennee@mydelraybeach.com
Peggy Cadeaux,CPPB,NIGP-CPP
Purchasing Manager
Finance
cadeauxp@mydelraybeach.com
Contract Duration One Time Purchase
Contract Renewal Not Applicable
Prices Good for 120 days
id Comments Scope;The purpose of this Quick Quote is to solicit quotes from qualified contractors to remove existing
driveway,existing concrete walkway and dispose of proper1y.Provide all sub grade fill required for application of
a concrete driveway.Provide all forming,pour,and finish 6"(min.)deep x 12'width x 40'length and shall have
thickened edges on all sides and shall consist of 3000 p.s.i.concrete.Reinforce driveway concrete with 6x610/1
0 wire mesh and/or Fiber Crete to building code of Delray Beach in accordance with the terms,conditions,and
specifications contained in this Invitation to Quote .
The City will NOT HOLD a Pre-Bid Conference.It is the responsibility of the Bidder to ensure all pages are
included in the submission.All Bidders are advised to closely examine the solicitation package.
It is highly recommended that Bidder visit site to provide physical inspection and quote price.
Questions and Answers:The City provides a specified time for Vendors to ask questions and seek clarification
regarding the requirements of the solicitation.All questions or clarification inquiries must be submitted through
Periscope (former1y BidSync)by the date and time referenced in the solicitation document (including any
addenda).The City will respond to all questions via Periscope.
The City of Delray Beach is exempt from Federal and State Taxes for tangible personal property tax.
The City of Delray Beach reserves the right to accept or reject any or all Bids,in whole or in part,with or without
cause,to waive any irregularities and/or technicalities,and to award the contract on such coverage and terms it
deems will best serve the interests of the City.
Proposals will be accepted through a secure mailbox at Periscope S2G (wyw.PeriscopeS2G.com )until the
Deadline for Submission as indicated in this Quick Quote.Late Bids will not be accepted.The City will only
accept electronic bids for this Quick Quote.
Once the bid has been decrypted the tabulation link will appear under the "details tab"page.Vendors are
4/26/2024 6.14 AM p.2
City of Delray Beach Bid 02024-021
instructed to contact Periscope S2G (BidSync)immediately for technical assistance if this feature is not available
on their dashboard.
Item Response Form
Item
Quantity
Unit Price
Delivery Location
Q2024-0 21--0 1-01 -Install Concrete Driveway /Walkway
640 square foot
City of Delray Beach
No Location Specified
Qty 640
Description
Remove existing driveway,existing concrete walkway and dispose of properly.Provide all sub grade fill required for
application of a concrete driveway.Provide all forming,pour,and finish 6"(min.)deep x 12'width x 40'length and shall
have thickened edges on all sides and shall consist of 3000 p.s.i.concrete.Reinforce driveway concrete with 6x6 10/1 0
wire mesh and/or Fiber Crete to building code of Delray Beach.
Pour new walkway from front porch door to the sidewalk.New walkway to be 36"inches wide x 26'feet in length.
Prepare and pour new concrete connector from walkway to driveway 5"feet in width and 17'feet in length next to front
porch."See sketch"
AII surveys,and plans needed by building department is the contractors responsibility.Bid accordingly
The thickened edge where the apron meets the street shall be 9"(inches)thick and extend back 2'(feet)
The rest of the apron and driveway shall be 6"(inches)thick,this includes the sidewalk.
If side walk is less than 6"(side walk is to be removed and poured as part of the driveway.
Concrete shall be 3000 P.S.I.with reinforcing fibers embedded in the mix.
NOTE:Include the "Apron and sidewalk"area which shall be included in this scope of work.
NOTE:Cut Sheet can be attained at the Delray Beach Building Department
4/26/2024 6:14 AM p.3
Neigh borhood Serigesiyision
City of Delray eah
LU NW I Ave Dea/Beach,f 33444
'non€(561/243 7280 F00 (561)213 7221
CONTRACTOR QUOTE PROPOSAL
RO C K T H E BLO CK 2024
City of Delray Beach Bid Q2024-021
-------------
CASE NUMBER 00-000
QUOTE TOTAL:S
POP!RY INFORMATION
Yvonne lh:ams
23 8 SW 5 th Avenue
Delray 8each,33444
H O N E (56 1,5 74 619
CONTRACOR INFORMATION
NAM+
CON'ACT +S ON
4O08£SS
PHONE.
£MAL
---·-----------
---·--------------------------
---------------------
Tne below owner signature hereby declares that the work rte upa sbeen reviewed ty the applicant Furthermore the
owner understands the sco pe of to be perormed on the owner's property The applicant understands that there will be
no ch a n g e s to the w o rk w rite u sp e cifica tio n s exce p t to m e e t ho u sin g an d o r buildirg code requirements.The owner is
a uth o rizin g th e C 'y o De lray Be ach to o b tain qu o te s fo r th e w o rk co n tain e d n th e w rite up .
2 n %d '_2 ate--------2024
pe .o w quo te r 5 sig n atu re he re b y de clare s he /sh e ha s re cei v e d a zo o of th e N ei g h b o rh o o d Se rvi c e s D iv is0 n s
In stru ctio n s to Bid d e rs w h ich in cid e s G e n e ra Co n d itio n s Pa rts 'an d as w e ll as Sp e a l Con d itio n s B sig n in g th is
r o0 5al,th e bid d e r asse rts he /sh e has m ad e a fu ll exa u a t.o n of the ex.s tin g co n d itio n of tn e o ca tio n cf w h e re the
sco p e of w o rk on th s p roject is t be pe rfo rm e d The qu o te r ne re b y a'so de cla re s th at in o rd e r to co m p le te th e fa il sco p e
otw o rk h e /she ag ree s to fu rn ish unve ss o the rw ise pro v id e d al im p le m e n ts,m a ch ne ry ,eq uip m e n t tran sp o rtatio n ,to o ls
m a te ria ls,su p iie s,la b o r an d al o th e r ne ce ssary re m s w h ich ar e to be in clu d e d n th e qu o te am o u n t su b m itted ab o ve
w ith in the fo l/o w in g tim e fram e
Q u ote :w ll start pe rm it oro ce ss w ith in th ree ,3 )d a ys o f th e da te o n th e No tic e to P ro ce e d Th e o tice esta b lish e s th a t th e
w o rk be c o m i e te d tin sx''5 0 day s fro m issu a n ce of pert
r e qu o te r und e rsta n d s th a t tn e n g n t reserve d th e pr0e t ,ow n e r an d th e Ci'o f De lra y eacr Ne ig h b o rh o o d
S o r ,')y sgr ·o re,et any and y';40t,»
30'.»fI',-·----------------
4/26/2024 6:14 AM p.4
Install Concrete Driveway /Walkway
City of Delray Beach
640 sf
Bid Q2024-021
$_
Remove eustmng dreway cs:ng concrete wa!kway ari drspose !properly Prode al sub grate !l required or
application of a concrete driveway.Provide all frmmg.pour,and finish "(mnin.)deer I?width x 4;length and shall
have th ic ke ne d edg es on all s d es an d sha ll co n sist of 3uu0 psi concrete Remfrce dreway concrete with oxo I0 I)
ware me sh and or Eth er C rete to ba ld :ng c od e o f De iray teach
Prep are an d p o ur new c ore rete c on ne ct or tro m wa lk w ay to d e w ay _f e et in w d th and !7'fe et in le n g th ne w o tron:
p orch ."S ee sk etch
he thickened edge w h ere th e ap ro n meets the street sta il be 9"(inc hes)threk and extend bac k 2'tteet)
OIE:'at S he et can he a:tamed at the De'ray He ae:t u tid mng Department
-----------------------
Total:S -------------
4/26/2024 6:14 AM p.5
City of Delray Beach
\L
I
(~
Bid Q2024-021
4/26/2024 6/14 AM p.6
A em •r
City of Delray Beach
4/26/2024 6/14 AM
Bid Q2024-021
p.7
City of Delray Beach
Form 1
BID SUBMITTAL SIGNATURE PAGE
This Page and all following pages comprise your original Bid Submittal package.
Bid Q2024-021
Please also attach any additional information or documentation requested in this Invitation to Bid.There is
no need to include the preceding Sections 1 and 2 in your Bid Submittal package.
By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do
business with the City,including all Conflict of Interest and Code of Ethics provisions.
Firm Name:_
Street Address:_
Mailing Address (if different than Street Address):
Telephone Number(s):_
Fax Number(s):_
Email Address:_
Federal Employer Identification Number:_
Signature:_
(Signature of authorized agent)
Print Name:_
Title:_
By signing this document,the Bidder agrees to all Terms and Conditions of this Solicitation and the
resulting Contract/Agreement.
TH E EXECUTION OF THIS FO RM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE
TERMS OF ITS OFFER ,FO R NOT LESS THAN 120 DAYS,AND TH E BIDDER 'S UNEQUIVOCAL OFFER TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID.FAILURE TO SIGN THIS SOLICITATION
WHERE INDICATED ABOVE,BY AN AUTHORIZED REPRESENTATIVE,SHALL RENDER THE BID NON-RESPONSIVE.
THE CITY MAY,HOWEVER,IN ITS SOLE DISCRETION,ACCEPT ANY BID THAT INCLUDES AN EXECUTED
DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER.
4/26/2024 6.14 AM p.8
City of Delray Beach
Form 2
BID POLICY STATEMENT
Bid Q2024-021
4/26/2024 6:14 AM
5
p.9
City of Delray Beach
Form 3
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF
COUNTY OF _
Bid Q2024-021
Before me,the undersigned authority,personally appeared ,who,after being
by me first duly sworn,deposes and says of his/her personal knowledge that:
a.He/She IS Of,the Bidder that has
submitted a Bid to perform work for the following:
[[[[]),,[Tl
b.He/She is fully informed respecting the preparation and contents of the attached Request for Bids,and
of all pertinent circumstances respecting such Solicitation.
Such Bid is genuine and is not a coiiusive or sham Bid.
c.Neither the said Bidder nor any of its officers,partners,owners,agents,representatives,employees,or
parties in interest,including this affiant,has 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 Solicitation and contract for which the attached Bid has been submitted or to refrain from proposing
in connection with such Solicitation and contract,or has in any manner,directly or indirectly,sought by
agreement or collusion or communication or conference with any other Bidder,firm,or 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 Bid price or the Bid price of any other Bidder,or to secure through any collusion,conspiracy,
connivance,or unlawful agreement any advantage against the City or any person interested in the
proposed contract.
d.The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy,connivance,or unlawful agreement on the part of the Bidder or any of its agents,
representatives,owners,employees,or parties in interest,including this affiant.
Signature
Subscribed and sworn to (or affirmed)before me this day of 2O_,by
who is personally known to me or who has produced
d ](]r[pf(a[])m
SEAL
4/26/2024 6:14 AM
Notary 51nature
[][Ary [3re,
Notary Public [State).
[[y (_Commission [o.
lXD][,[l,.
p.10
City of Delray Beach
Form 4
CERTIFICATION OF NON-SEGREGATED FACILITIES
T i e B idd e r certmss th a t n e do e s not m a mtam or pro n d e tr mus em ploye es 3,sag >gated
fac ilitie s at an ,of mus 2sta b lish me n ts an d that he do s no t pe rmit m s em ploye es to perform the
se r g e s at an y lo ca tun un d e r nus con trol winers s2g r?ga te d facilitie s ar=inamt am e d The brd d=
ce rtute s furth e r th a t h=n ll no t m a mt am or prgw de for mus =p lo y2e s an/5g r2ga tsd facilities at
an y oi hrs esta b lish m e nt s an d th at he ll no t perm it hrs 2m p lo y e s to perform the s=i ces at
an y lo c a tio n un de r hrs co n trol wh e rs seg reg ated facilitie s are m amt ame d The bid der age >s
th a t hr2 ach of thus 2 rt1i a to n ll he a n o laton of the E q ua l Op ortumut,claus=1 an y con tra ct
r=s lti .fro m accep tan ce cf th us bid As used m the ce rtifica tio n the tr m 's=gr>gated factlitrs
m e a n1s a/wa itin g r3o m s wo rk ar2as restroo m s an d w a sh roo m s restaurants ad othe r 2at1 g
ar a s a rkm g lo ts drin kin g fo un tain s recre ation or ente rta in me nt areas transportation and
ho u s in g fac hits arc id =d for 2m t o e s m uch ars s>g r=gt =d on th=basis i a cs 3l0
-1on,rp3tu al t aus or hart 1al ust ,th>r ls=T:hid=3J-5 fat
--fisher=ii4s tail le n t 3 i =tut at ;us =ts4t-.uii 35 S i l
tni-ells h al l raw +d=mt+al =r i 3 nun s i C s }sub-onactrs vs t th >
3/ar3 i sub-on3is dig S13.09 ch ar=r et irmrhe ronsioas rrhs Equai
wort1mt ·la is>ad;hat he nll r=tau such =rt n aturs mus ill=s
B8id 02024-021
U >2 1001
ti(---------------------
T nl=
'2 0d =
4/26/2024 6:14 AM p.11
City of Delray Beach
Form 5
PUBLIC ENTITY CRIMES
NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Bid Q2024-021
Pursuant to Section 287.133,Florida Statutes,you are hereby notified that a person or affiliate who has been
placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid on
a contract to provide any goods or services to a public entity,may not submit a Bid on a contract with a public
entity for the construction or repair of a public building or public work,may not submit Bids on leases or real
property to a public entity,may not be awarded or perform work as a contractor,supplier,sub-vendor,or
consultant under a contract with any public entity,and may not transact business with any public entity in excess
of the threshold amount provided in Section 287 .017 [F .S.]for Category Two [$35,000.00]for a period of thirty-
six (36)months from the date of being placed on the convicted contractors list.
Acknowledged by:
Firm Name
Signature
Name and Title (Print or Type)
Date
4/26/2024 6 14 AM p.12
City of Delray Beach
Form 6
DRUG-FREE WORKPLACE
_lSa drug-Tree MO[KD[3Ce and has
(Company Name)
a substance abuse policy in accordance with and pursuant to Section 440.102,Florida Statutes.
Acknowledged by:
Firm Name
Signature
Name and Title (Print or Type)
Date
4/26/2024 6:14 AM
Bid Q2024-021
p.13
City of Delray Beach
Form 7
CONFLICT OF INTEREST DISCLOSURE FORM
Bid Q2024-021
The award of this contract is subject to the provisions of Chapter 112,Florida Statutes.All Bidders must disclose
within their Bids:the name of any officer,director,or agent who is also an employee of the City of Delray Beach.
Furthermore,all Bidders must disclose the name of any City employee who owns,directly,or indirectly,an
interest of more than five percent (5%)in the Bidder's firm or any of its branches.
The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of
interest for evaluation team members and other key personnel involved in the award of this contract.
The term "conflict of interest"refers to situations in which financial or other personal considerations may
adversely affect,or have the appearance of adversely affecting,an employee's professional judgment in
exercising any City duty or responsibility in administration,management,instruction,research,or other
professional activities.
Please check one of the following statements and attach additional documentation if necessary:
To the best of our knowledge,the undersigned firm has no potential conflict of interest due to
any other Cities,Counties,contracts,or property interest for this Bid.
The undersigned firm,by attachment to this form,submits information which may be a potential
conflict of interest due to other Cities,Counties,contracts,or property interest for this Bid.
Acknowledged by:
Firm Name
Signature
Name and Title (Print or Type)
Date
4/26/2024 6 14 AM p.14
City of Delray Beach
Form 8
SECTION 3 CLAUSE
Bid Q2024-021
A The work to be performed under this contract is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968,as amended,12 US C.1701 u
(Section 3).The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3,shall,to the greatest extent feasible,be directed to low-and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
8.The parties to this contract agree to comply with HU D's regulations in 24 CFR part 75,which
implements Section 3.As evidenced by their execution of this contract,the parties to this
contract certify that they are under no contractual or other impediment that would prevent
them from complying with the part 75 regulations.
C.The contractor agrees to send to each labor organization or representative or workers with
which the contractor has a collective bargaining agreement or other understanding,if any,
a notice advising the labor organization or workers'representative of the contractor's
commitments under this Section 3 clause and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice.The notice shall describe the Section 3 preference,shall set
forth minimum number and job titles subject to hire,availability of apprenticeship and
training positions,the qualifications for each;and the name and location of the person(s)
taking applications for each of the positions;and the anticipated date the work shall begin.
D.The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 75,and agrees to take appropriate action,as
provided in an applicable provision of the subcontract or in this Section 3 clause,upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 75.The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 75.
E.The contractor will certify that any vacant employment positions,including training
positions,that are filled (1)after the contractor is selected but before the contract is
executed,and (2)with persons other than those to whom the regulations of 24 CFR part
75 require employment opportunities to be directed,were not filled to circumvent the
contractor's obligations under 24 CFR part 75.
F.Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,
termination of this contract for default,and debarment or suspension from future HUD
assisted contracts.
Firm Name
Signature Date
4/26/2024 6.14 AM p.15
City of Delray Beach
Form 3
ANTI-KICKBACK AFFIDAVIT
Stat=or Fiorda
Cunt,oi Pal R=a
i the under 3tgied herb,duly son deuss ad s3/that o portion i th2 sum hr21 bd nil
be 3 d t0 ar/=mlo/es o r the City or Delay Beach ts l=ct2d 0if1als and the ormun
lmromnt Department or s 1esig consultants as kckack r2ward git directly 2
mndr2ti wy n or an member of m firm orb,an oifsr f the roration
313tr -
B8id 02024-021
TAT LURID-
DJ4T =:--M1-2+
The irgoyistum=n as a2ka!=lg=db:ir=th
20b1 _
N t a r/P u b lic
rs00all Know1 )FProtuc d ltentuicatuon
T o=fl!=+i1 3up tu =3
Sal
4/26/2024 6.14 AM
1372
p.16
City of Delray Beach
Form 10
CERTIFICATION OF ELIGIBILITY OF GENERAL CONTRACTOR
FORE the undersign=d authat,rsgall/apsard he ant=
being y me irst duly sworn de00ss and 5a/s 3ihrsher personal knowledge that
1H2she1s1he ?fer2tarter f2fer2d to as
Bid Q2024-021
the
iect
Project Nam=
Contractor"ho submitted a r22sal t srform work for the following
}Hesesfull;mnirmed that the Pros3i submitted for ark to oe performed under in
ab34e mentioned contract is b=mg iunded mn whole or i art by a Fi=rally-ass1st2d
)r1surd contract and
°Th Gnral Contractor nor a,oi ts officers partners
o r 3 i d 3n th=u =GS 3 l =105 -1/Is:r3
-=1er4 urant Mn-rcu/men Programs
wn r s 2r ates oi n teras1 15
Lis-rates cludsd r
.3war1 2rih=3tr3r ad
4 Te Gen=ral Contact 3ck3l31=5 1hat sh 0ud th=2tractor c=5uts5=qu=n,fun!
=lgble 3its 3ward f the cuntract rs Construction Ciract all =errunatd 3 n0 0
rh=natter =rrrd to the Dant 2i labor the Department of Husing ard Urbar
·The G=naral Contractor acknowledges the responsiblnt,oi iovung all 2i us
sucontractors that thus contract is bemg funded in whole or in art by a Federal/-
as31std 3r insured cntrac 3n7d
3 Ta=General Ccntractr acknowledge3 the responsibility that all 3f ts subcontractors are
t2 3lg a ·5Eligibility 2f Su&contractors as a art oi ts ccntact wth suc
sub0tract2rs and that the ·-£Contractor'»ill retain such certicatns n ts iles
Furthermore should the subcontractor be subsequently found ineligible after award of
the Construction Contract ts contract with the e=a Contractor shall be terminated
and the mater air=d to the Department of Labor the Decartment of Housing and
'Uhan e 2loom=nt rths General Se/cs 41mmmustraton for ts actcn
ST-TE Q I -
CUNT JF -LMB-CH
Terorg uig instrument as a2k l =!Ju ct2r=1er01 1a,
20
Notary Public
Pars00all Known R Produced id=nuicanon
4/26/2024 6/14 AM p.17
City of Delray Beach
Form 11
CERTIFICATION OF ELIGIBILITY OF SUB-CONTRACTORS
2ruitaton Regarding Debarment Suspension ineligibility and vaiuntar/Exctusin-over-lie
Covered Transactions pursuant to 24 FR god2 2i Fl=ral Rgulatans Fat 24 513b0/30d
HJ Handbook 13 15 RE 1
signing 3d submrmg thus rocosal th=prose:ti ±t r-tur a apart sties
that nether t nor ts prunials rs res±ntl !barred suspended proposed for
tarmnt de;lard n=lqble or qolural slue !rrym artvian t/us trans:tor
0,an ftrai department or agency
Further I re rode the srtfatucn set au tel0w
l and an/orincrals oi my iirm understand that the certncaton m thus clause s 3mar1al
2025ntanon 2 act upon /hch reliance as plasd hen tis transactor was 2n2rel
int Ii it slat !teruni tar l rs ksnowgl,render-d a 2rune0u5 2rt an +
addition t Mt i =hes a,sal=t the Firal Gornmnen the s at=i
3g2fwy Mt y i(us ta s3 0 n1 21q13 2d a,Uursus a/31/al r n-dues
2 Further and a,micai i mny um snall prude mnmediar written tu •t th=
050n 7;hr tus roos3ls sorutrd r at ar 'um>I re Vear th1a
8id 02024-021
hang2d circumstances
3 B,submouumg this procosal
lwer-tier ov2rd transaction with a =rscn whc 1s d2bard 3us2ndd i2cl3r2 i
u2lie roiuiatly =cludsd mom atiaton In thus Ov>red transactor uml=53
authorz2d by ins agency win wmuch mus transaction originated
4 t and any princrais oi my irr further agree by submitting thus oroposal than tr ill
include thus Certiicatr without modriicaton n all low±r tier covered transactions and
in all solicitations ior lower-tier cover2d transactung
I"i
4/26/2024 6.14 AM p.18
City of Delray Beach
Form 12
ACKNOWLEDGEMENT OF ADDENDA
IN ST RU CT IO N S:CO M P LET E PA RT I O R PA RT II,W H ICH EV ER APPLI ES
PART I:
List below the dates of issue for each addendum received in
connection with this Solicitation:
A dd e n d u m t],B ated
Ad d e n d u m #,Dated
A dd e n d u m #3,Bated
A dd e n d u m ttd ,Date d
A d d e n d u m t5,Dated
A dd e n d u m pi $,B ated
A d d e n d u m tt],Date d
A d d e n d u m ft8 ,Date d
PART II:
0 NO A D D EN D U M W A S RECEIV ED IN CO N N ECT IO N W IT H TH IS SOL ICITA TIO N
Firm Na m e
Sig n atu re
Na m e an d Title {P rin t or Type )
Date
4/26/2024 6.14 AM
Bid Q2024-021
p.19
City of Delray Beach
Form 13
BEST MANAGEMENT PRACTICES FOR THE CONSTRUCTION INDUSTRY
4 Th2 yen=,al Contactor or if none the roper!wn;shl!he resp0rs10le i3i a33u5in0g
that 2ah contractor or subcontractor e/alu3ts a h site before zonstrut on rs mutated
t detrmm i any st2 conditions ma,os 3artula problems tor th hardtug 3f a/
P?jilat1 Sub5tan;±s FOr+stance handling Regula31 Substances th=pgmuty ai
at3,hh1=5 2r =1la1ds ma,be improper
Ir ary regulated substances ar>stored on the constructgn sit>dug ihe Oisrut)n
:Osss ·h>shall oe sir=d in sla ts ad tr anner he.i will ·um1ruz=a1,00s1bl=
ask i =lea5e to the rronrat 4n,sage container oi 55 galluns s 4l pounds
or+nor=contamung fgulatd Substances shall have cnstutd el it an une nus
containment system constructed oi mat2rials of suffrent tin:kns5 density and
o r10 5tun1 that will ore snr ths huscharg=t the lard gr0udarr or surf3;=wrat2rs
An tools r qnmsnr nc=553r,1 33r)li5 s3m71°Si7all 3/3all=35 5 3
l 2 5-
Bid Q2024-021
20ta1mnt systems 5halt be =mnri ir m the 0nstsugr sits b;the s en sible
contra2tr an1 shall be h1sous2!J i a r o sr m anner as pr=s r i d b,la
4/26/2024 6.14 AM p20
City of Delray Beach
GENERIC REGULATED SUBSTANCES LIST
?2Julatd Substances are substances that may cause stgmuiicant harm to human health
and the 2nuronrnnt including surface and groundwater Th=Falin Beach Count,
United Land Develoomant Cods ULD Arucle 14 hater Willnld Protection
regulates that storage handling us>and production i Regulated Substances with
wvellfild z3nss when mnay upar res2nt an!futur>duking water Suh>s In addition
the JDC Atel>4 Chapter D Ecaration raqur=s that Best Management Practices for
the Construction Industries be followed ror Agricultural '/est Count,4acultural Ar=a
TP II TYPE IBA and TE IIB xcaration atites
ubsrans and n1arr1als tom th2 iollonr g 32vs hat +>5tr31 h13dl31 us=l
r2du.end and lcaisl tii a wsllfield ze o r laid n 2 p ert,a503°1 223/1047
act mes ar c0sud=rd t2 be F=Jul3t1 Sus1ans
Bid Q2024-021
-S=°304 3/3 1Eun13
i2a2/7=s 31 2 0des5
3k2 304 ran13/715510n flurds
l=h13 r sa=ta l=13
3ifs13is lits
1±3/f6431g s+ans
l3
ast0g &Juur,ch=rmuc3ls
Caulking agents a sealant3
Cleaning sl/es
Corr5ion and rusi are/2ntuon utans
Cutting ilds
Degreasing and cats clang 32l/2015
Disinfectants
Electroplating solutions
Ex«loses
Fertilizers
Fre extinguishing chemicals
3docs31g /a3ts
Formaldehyde
,els an3fuel a3ditu,as
Gue adh=st/2s ad r2sis
Gr=as=5
1az3rd345 /a37=
/draulw rhnu!
tdicats
2s=au >s amusing ad 2i2au1g mg0in1s
anting solsnts
2es0id2s an0dh=1cids
Ia3tu sins lasilc1z>is 37d2a1al/373
hot 1a/=l0orsnt chemicals
ors2n5
Polishes
30l 2hmm1cals
Ozog2ss=d lust 30d 2articular23
ad10act sources
2aJ23 and 3ta01ar15
eirg=ran1s
2oiing narcals ad s3al=3
am1zrs tis1i=cranrs 7a2t21c11=5 a0!
3/3321d2s
3 3 2 s e r>j2775 30 J 31r5321313
3Oller3 and itues
>t«pong cm7cuds
4/26/2024 6.14 AM
Industrial and commercial jatonal suhies Taring mndus,zhemuais
or3cess chemicals aasformer and capacitor 3ls lnds
Industrai sludge and still bottoms asre ls an air29z2
Inks printing and photocopying chemicals
Laboratory chemicals
L_quid st0rag2 attn1es
p.21
City of Delray Beach
FY2024 Approved G eneral Contractor Li st
H o using Rehabilitatio n Program
id Q2024-021
Company Name '~«,i a
Horizon General Contracting &Development LLCD
CJ Contracting,LLC.
LGI Construction
DAN ENTERPRISES TEAM LLC
4/26/2024 6 14 AM p.22
City of Delray Beach
These documents are not required if on the approved general contractor's list.This
waiver only applies if bidder successfully completed a bid with the City in the last 90
days.The Certificate of Insurance requirement does not apply to this waiver.All
personal references,State,County and City licensure attachments are to be updated
each year.
Bid Q2024-021
CITY OF DELRAY BEACH
NEIGHBORHOOD SERVICES DIVISION
CONTRACTOR APPLICATION AND QUALIFICATION SHEET
(PLEASE PRINT CLEARLY)
I have had experience working with government rehabilitation programs:
___New contractor/business
1-3yrs.
4-10yrs.
APPLICANT'S INFORM ATION
t ti1-T
Delray Beach
Floridatrnx1Ml/-America City
19 9 3 -20 0 1-20 17
Contractor Nam e (Last,First,Ml)_
BUSINESS INFORMATION
Business Full Name:
D/B/A (if applicable)
Address Suite.#
City State Zip Code
Telephone-home:Offi ce:
Fax:Mobile:
Em ail address:
Li cense No.:No.of years active:_
Tax I.D.No.:(Attachcopiesoflicensure).
ALL PRINCIPLES IN FIRM
f-----F-ul-1 L-e-ga-1-Na_m_e-----+--------A-d-d-re_s_s --------+----P-ho_n_e_N_u_m_b-er----1I I
LIST LAST THREE REHABILITATION PROJECTS:
Full Legal Nam e Address Type of W ork Amount
LIST ANY OTHER FEDERA LLY FUNDED OR LOCAL GOVERNMENT HOUSING PROGRA MS IN W HICH YOU ARE
CURRENTLY OR HAVE PREVIOUSLY PARTICIPATED:
4/26/2024 6.14 AM p.23
Contractor Application Rev.7/2023 c or Delray Bean
4/26/2024 6 14 AM
1 Bid 02024-021
p.24
LIST BANK REFERENCES:
LIST THREE PERSONAL REFERENCES
City of Delray Beach Bid 02024-021
Full Legal Name Address Phone Email Address
Number
INSURANCE CARRIER(S):(Attach copy of certificate(s)of insurance)
Per department policy,all contractors are required to have $1.000.000 insurance coverage for "Each Occurrence'and "General
Aggregate'.The City of Delray Beach should be named as the Certificate holder)
CERTIFICATION AND WAIVER OF PRIVACY:
The contractor(s)certify that all information in this application,and all information furnished in support of this application,is given for
the purpose participating in the Affordable Housing Grant Rehabilitation Programs under the City of Delray Beach,and is true and
complete to the best of the contractor(s)knowledge and belief.
The contractor(s)understand that Florida Statute 817 provides that willful false statements or misrepresentation concerning
income;asset or liability information relating to financial condition is a misdemeanor of the first degree,punishable by fines and
imprisonment provided under Statutes 775.082 and 775.083.I/we further understand that any willful misstatement of information
will be grounds for disqualification.I/we certify that the application information provided is true and complete to the best of my/our
knowledge.I/we consent to the disclosure of information for the purpose of income verification related to making a determination
of my/our eligibility for program assistance.I further grant permission,and authorize any bank,employer or other public or private
agency to disclose information deemed necessary to complete this application
I/we agree to provide any documentation needed to assist in determining eligibility and are aware that all information and
documents provided are a matter of public record.I hereby waive my rights under the privacy and confidentiality provision act,
and give my consent to the City of Delray Beach Affordable Housing Program,its agents and contractors to examine any
confidential information given herein.I further grant permission,and authorize any bank,employer or other public or private
agency to disclose information deemed necessary to complete this application.
DATE
DATE
SIGNATURE OF CONTRACTOR
SIGNATURE OF CONTRACTOR
RETURN TO:CITY OF DELRAY BEACH
NEIGHBORHOOD SERVICES DIVISION
100 NORTHWEST 1 sr AVENUE
DELRAY BEACH,FLORIDA 33444
Office:(561)243-7280 Fax:(561)243-7221
Required Vendor Documents:W-9/Vendor List Application (Upon approval,you will have to complete the City's vendor application).
Contractor Application Rev.7/2023
4/26/2024 614 AM
2
p.25
City of Delray Beach Bid 02024-021
City of Delray Beach Neighborhood Services Division
SECTION 3
CONTRACTOR SELF-CERTIFICATION
FISCAL YEAR 2023-2024
(10/1/23to 9/30/24)
CONTRACTOR INFORMATION
I Nameand
Address
SECTION 3 BUSINESS CONCERN ST A TUS
The Section 3 Business Concern status of the above-named contractor is:
[]The contractor is 51 %,or more,owned by an individual or individuals who:
-reside in public housing,or
-reside in City of Delray Beach CDBG target area and whose household income,by
household size,is at or below the income limits shown on the attached chart.
[]At least 30%of the contractor's permanent full-time employees are individuals who within
three years of the date of first employment were,or who currently are:
-residing in public housing,or
-residing in City of Delray Beach CDBG target area and whose household income,by
household size,is at or below the income limits shown on the attached chart.
[]The Contractor commits to subcontract in excess of 25%of the dollar award of all
subcontracts to business concerns that meet the qualifications set forth in either of the
above two paragraphs.The Contractor provides the attached evidence of such
commitment.
Note:Contractors who meet one of the above qualifications are regarded as Section 3 Business
Concerns for the purpose of this self-certification.
[]The Contractor does not meet any of the above qualifications,and the Contractor is not a
Section 3 Business Concern.
Contractor Application Rev.7 /2023
4/26/2024 6 14 AM
1
p.26
City of Delray Beach
CONTRACTOR'S SELF-CERTIFICATION
Bid 02024-021
The undersigned Contractor hereby certifies that the Contractor
]IS a Section 3 Business Concern
]IS NOT a Section 3 Business Concern.
The Contractor,if certifying to be a Section 3 Business Concern,further certifies that the Contractor
shall submit,if requested by the City of Delray Beach Neighborhood Services Division or the U.S.
Department of Housing and Urban Development,evidence of the qualifications meeting the Section
3 Business Concern indicted above by the Contractor.
The Contractor also certifies that the Contractor shall comply with the Section 3 requirements
regardless of whether the contractor qualifies as a Section 3 Business Concern or not,and
understands that non-compliance may result in sanctions,termination of contracts for default,and
debarment or suspension from federally funded contracts.
Name of individual or company officer:_
iq[au[c,[ju[e.
Contractor Application Rev.7 /2023
4/26/2024 6:14 AM
2
p.27
City of Delray Beach id 02024-021
City of Delray Beach Neighborhood Services Division
SECTION 3
PALM BEACH COUNTY INCOME LIMITS
FOR
WEST PALM BEACH -BOCA RA TON
METROPOLITAN ST A TISTICAL AREA
AS OF May 15,2023
NUMBER OF INCOME LIMIT AT
PERSONS IN 80%OF MEDIAN
HOUSEHOLD INCOME
1 $54,550
2 $62,350
3 $70,150
4 $77,900
5 $84,150
6 $90,400
7 $96,600
8 $102,850
Contractor Application Rev.7/2023
4/26/2024 6 14 AM
3
p.28
e of Delray Beach
CITY OF DELRAY BEACH
NEIGHBORHOOD SERVICES DIVISION
HOUSING REHABILITATION PROGRAM
CONTRACTOR'S QUALIFICATION SHEET
ANNUAL LICENSURE UPDATE
PLEASE COMPLETE AND RETURN WITH ALL REQUIRED DOCUMENTS TO INSURE YOUR CONTINUED
PARTICIPATION AS A HOUSING REHABILITATION CONTRACTOR.
NOTE:ALL LICENSURE WILL NEED TO BE UPDATED AS REQUIRED.
If your company fails to turn in the requested information before this date your company will be required to
reapply for participation in the Neighborhood Services Division as an active Contractor.Please contact staff
for more information.
D Information Unchanged
DATE:_
COMPANY NAME _
CONTACT PERSON:please print _
MAILING ADDRESS:
CITY:STATE:ZIP:-----------------
Bid Q2024-021
OFFICE PHONE NO:FAX NO:_
HOME PHONE NO:MOBILE NO:_
EMAIL ADDRESS:_
ANNUAL VERIFICATION OF THE FOLLOWNG INFORMA TION MUST BE PROVIDED:
L.THIS COMPLETED FORM (If applicable)
L COPY OF LICENSURE FROM THE COUNTY &STATE
r COPY OF OCCUPATIONAL LICENSE WITH DELRAY BEACH
COPY OF CERTIFICATE OF LIABILITY INSURANCE COVERAGE
UPDATED SECTION 3 FORM (If you haven't filled it out in the last (3)three years)
r COPY OF CURRENT LEAD RRP CERTIFICATION
Mail back to Neighborhood Services Division
100 NW 1sAvenue
Delray Beach,FL 33444
It is the contractors'responsibilities to confirm that all needed documents have arrived at our office before the
deadline.If you have any questions,please call the office at (561)243-728O
Revised 7/2021
4/26/2024 614 AM p.29
AUTION CAUTION
%EPA
0
1-800-424-LEAD (5323)
epa.gov/getlead5ate
£PA-740-K-10-00 1
CAUTION CAUTION
"he./le
%EPA
Thus document may be purchased through the US Government Prntung Office online
oo0kstore.go go or by phone (toil-free)1-866-512-
4/26/2024 6 14 AM
City ot Delray Beach 81d 02024-021
p 31
4/26/2024 6 14 AM
City ot Delray Beach 810 02024-021
IT'S THE LAW!
Federal law requires contractors that disturb painted
su rf aces in ho m e s,ch ild ca re facilitie s and schools built
before 1978 to be certified and follow specific work
practice s to prevent lead
co n tam ination.Always ask to see your contractor's certification.
fed e ra l law re q u ire s hat individuals reeve er la
in fo rm atio n befo re ren o vatin g m o re tha n six sq u are fee t of
pain ted surfa ce s in a ro o m fo r in te rio r projects or m o re th a n
tw e nty sq u a re feet of pain ted surf aces fo r exte rio r proje cts
or w in d o w rep lace m e n t o r de m o litio n in ho u sin g ,ch ild care
fa cilitie s an d sch o o ls built before 1978.
•H o m eo w n e rs an d te n an ts.renovators must give you this
pamphlet before starting work.
•Child care facilities,including preschools and kindergarten
classro o m s,an d th e fa m ilie s of children under six years of
ag e th at atte n d th o se facilitie s:re no vato rs m u st pro vid e a
32
City ot Delray Beach 810 02024-021
WHO SHOULD READ THIS PAMPHLET?
This pamphlet is for you if you:
·Reside in a hom e built befo re 1978.
•O w n or operate a child care facility ,in cl uding preschools and kindergart en
classro om s,built befo re 1978,or
·H ave a child under six years of age w ho att ends a child care facility built befo re 1978
You will learn:
·B asic facts about lead and your health
H ow to choose a co ntractor,if you are a pro perty ow ner
·W hat tenants,and parents/guardians of a child in a child care facility or school
should co nsider
·H ow to prepare fo r the renovation or repair job
•W hat to look fo r during the job and after the job is done
·W here to get m ore inform ation about lead
This pamphlet is not for:
•Abatem ent projects.Abatem ent is a set of activities aim ed specifically at
elim in ating lead or lead hazards.EPA has regulations fo r cert ification and
training of abatem ent professionals If your goal is to elim in ate lead or lead
hazards,contact the National Lead Inform ation Center at 1-800-424-LEAD (S323)
for m ore inform ation
4/26/2024 6 14 AM
·"Do-it-yourself"pro jects.If you plan to do renovation w ork yourself,this
docum ent is a good start,but you w ill need m ore in fo rm ation to com plete the
w ork safely Call the N ational Lead Inform ation Center at 1-800-424-LEA D
(5323)and ask for m ore info rm ation o
in a hom e w ith lead b ased paint
•Contract or education.Contractors
w ho w ant inform ation about
w orkin g safely w ith lead should
co ntact
the National Lead Info rm ation
Center at 1-800-424-LEA D (5323)
for inform ation about co urses and
resources on lead-safe w ork practices
p.33
4/26/2024 6 14 AM
City ot Delray Beach id 02024-021
p 34
City ot Delray Beach 8id 02024-021
RENOVATING,REPAIRING,OR PAINTING?
•Is your home,your building,or the child care
facility or school your children attend being
renovated,repaired,or painted?
•Was your home,your building,or the child care
facility or school where your children under six
years of age attend built before 19787
If the answer to these questions is YES,there
are a few important things you need to know
about lead based paint
This pamphlet provides basic facts about lead
and information about iead safety when work is
being done in your home,your building or the
child care facility or school your children attend.
The Facts About Lead
·Lead can affect children's brains and developing nervous systems,causing
reduced IQ,learning disabilities,and behavioral problems.Lead s also
harmful to adults.
·Lead in dust is the most common way people are exposed to lead People can
also get lead in their bodies from lead in soil or paint chips Lead dust is
often invisible
·Lead based paint was used in more than 38 million homes until it was
banned for residential use in 1978
·Projects that disturb painted surfaces can create dust and endanger you and
your family Don't let this happen to you Follow the practices described in this
pamphlet to protect you and your family
4/26/2024 614AM
LEAD AND YOUR HEAL TH
Lead is especially dangerous to
children under six years of age.
Lead can affect children's brains and developing
nervous systems,causing
·Reduced IQ and learning disabilities
•Behavior problems
ven children who appear healthy can have
dangerous levels of lead in their bodies.
Lead is also harmful to adults In adults,low
ieveis of iead can pose m any dangers,
including
•High blood pressure and hypertension.
·Pregnant women exposed to lead can transfer lead to their fetuses.Lead gets
into the body when it is swallowed or inhaled
·People,especially children,can swallow lead dust as they eat,play,and do
other normal hand to-mouth activities
·People may also breathe in lead dust or fumes if they disturb lead-based
paint People who sand,scrape,burn,brush,blast or otherwise disturb
lead based paint risk unsafe exposure to lead
What should I do if I am concerned about my family's exposure to lead?
·A blood test is the only way to find out if you or a family member already has
lead poisoning.Call your doctor or local health department to arrange for a
blood test.
·Call your local health department for advice on reducing and
eliminating exposures to lead inside and outside your home,child care
facility or school
•Always use lead safe work practices when renovation or repair will
disturb painted surfaces
For more information about the health effects of exposure to lead,visit the EPA lead
website at ea gc lead puts/leadinfg or call 1-800-424-LEAD (5323)
p 35
City ot Delray Beach 81d 02024-021
iiiiiiii
There are other things you can do to protect your family every day.
·Regularly clean floors,window sills,and other surfaces
·W ash children's hands,bottles,pacifiers,and toys often
•Make sure children eat a healthy,nutritious diet co nsistent with the USDA's
dietary guidelines,that helps pro tect children from the effects of lead.
•W ipe off shoes befo re entering the house.
City of Delray Beach Bid 02024-021
WHERE DOES THE LEAD COME FROM?CHECKING YOUR HOME FOR LEAD-BASED
PAINT
Dust is the main problem.
The most common way to get lead in the body is from dust.Lead dust comes
from deteriorating lead-based paint and lead contaminated soil that gets
tracked into your home.Th,s dust may accumulate to unsafe levels.Then,
normal hand to-mouth activities,like playing and eating (especially in young
children),move that dust from surfaces like floors and window sills into the
body
Home renovation creates dust.
Common renovation activities like sanding,cutting,and demolition can create
hazardous lead dust and chips
-8efor»1940<
.A..d +
.A.d..d...d..0
...d .@ ..@ .d .@ ....d
10 20 10 10 60 10 80
Proper work practices protect you from the dust.
The key to protecting yourself and your family during a renovation,repair or
painting job is to use lead-safe work practices such as containing dust inside the
work area,using dust minimizing work methods,and conducting a careful
cleanup,as described in this pamphlet
Other sources of lead.
Remember,lead can also come from outside soil,your water,or household
,terns (such as lead-glazed pottery and lead crystal).Contact the National Lead
Information Center at 1-800-424-LEAD (5323)for more information on these
sources.
4/26/2024 6 14 4M
Older homes,child care facilities,and schools are more
likely to contain lead-based paint.
Homes may be single family homes or apartments They may be private
government assisted,or public housing.Schools are preschools and kindergarten
classrooms.They may be urban,suburban,or rural
You have the following options:
You may decide to assume your home,child care facility,or schooi contains lead
Especially in older homes and buildings,you may simply want to assume lead-
based paint is present and follow the lead safe work practices described in this
brochure during the renovation,repair,or painting job
You can hire a certified professional to check for lead-based paint
These professionals are certified nsk assessors or inspectors,and can determine
if your home has lead or lead hazards
·A certified inspector or risk assessor can conduct an inspection telling you
whether your home or a portion of your home,has lead-based paint and where
it is located This will tell you the areas in your home where lead safe work
practices are needed
·A certified nsk assessor can conduct a risk assessment telling you f your
home currently has any lead hazards from lead in paint dust or soil The
risk assessor can also tell you what actions to take to address any hazards
·For help finding a certified risk assessor or inspector.call the National
Lead Information Center at 1-800-424-LEAD (5323)
You may also have a certified renovator test the surfaces or components being p 37
disturbed for lead by using a lead test kit or by taking paint chip samples and
City of Delray Beach Bid 02024-021
sending them to an EPA recognized testing laboratory.Test kits must be detailed instructions for their use
EPA-recognized and are available at hardware stores They include
/ts ']»
FOR PROPERTY OWNERS
City ot Delray Beach pirect the contractor to comply with regulatory and contract requiren@HQ2024-021
•Call your local health or building department.or
·Call EPAs hotline 1-800-424-LEAD (5323)
If your property receives housing assistance from HUD (or a state or local agency that
uses HUD funds),you must follow the requirements of HUD's Lead Safe Housing Rule
and the ones described in this pamphletYouhavetheultimateresponsibilityforthesafetyofyourfamily,
tenants,or children in your care.
This means properly preparing for the renovation and keeping persons out of the
work area (see p.8)It also means ensuring the contractor uses lead-safe work
practices.
Federal law requires that contractors performing renovation,repair and painting
projects that disturb painted surfaces in homes,child care facilities,and schools
built before 1978 be certified and follow specific work practices to prevent lead
contamination.
Make sure your contractor is certified,and can explain clearly the details of the job and
how the contractor will minimize lead hazards during the work.
·You can verify that a contractor is certified by checking EPA's website
at epa.gcv/getleadsafe or by calling the National Lead Information
Center at 1-800-424-LEAD (5323)You can also ask to see a copy of
the contractor's firm certification
•Ask if the contractor is trained to perform lead-safe work practices and to see a
copy of their training certificate
·Ask them what lead safe methods they will use to set up and perform the job in
your
home,child care facility or school
•Ask for references from at least three recent jobs involving homes built before
1978.
and speak to each personally
Always make sure the contract is clear about how the work will be set up,performed,
and cleaned.
·Share the results of any previous lead tests with the contractor
•You should specify in the contract that they follow the work practices described
on
pages 9 and 10 of this brochure
•The contract should specify which parts of your home are part of the work area
and specify which lead-safe work practices will be used in those areas
Remember,your contractor should confine dust and debris to the work area
and should minimize spreading that dust to other areas of the home
•The contract should also specify that the contractor will clean the work area.
verify
that it was cleaned adequately and re clean it if necessary
aa»Ink a worker is not doing what he is supposed to do or is
doing something that is unsafe,you should:p.39
FOR TENANTS AND FAMILIES OF
CHILDREN UNDER SIX YEARS OF AGE
IN CHILD CARE FACILITIES AND
SCHOOLS
City ot Delray Beachrhe law requires anyone hired to renovate,repair or do Bid 02024-021
painting preparation work on a property built before
1978 to follow the steps described on pages 9 and 10 unless the area where the
work will be done contains no lead based paint
If you think a worker is not doing what he is supposed to do or is
doing something that is unsafe,you should:
You play an important role
ensuring the ultimate safety of
your family.
This means properly preparing for the
renovation and stayng out of the work
area (see p 8)
Federal law requires that contractors
painting projects that disturb painted
surfaces mn homes built before 1978 and in
child care facilities and schools built before
1978,that a child under six years of age
visits regularly,to be certified and follow
specific work practices to prevent lead
contamination
•Contact your landlord
•Call your local health or building department.or
·Call EPA's hotline 1-800-424-LEAD (5323)
If you are concerned about lead hazards left behind aft
check the work yourself (see page 10)
City ot Delray Beach 8id 02024-021
PREPARING FOR A RENOVATION
The work areas should not be accessible to occupants while the
work occurs.
The rooms or areas where work is being done may need to be blocked off or
sealed with plastic sheeting to contain any dust that is generated Therefore,the
contained area may not be available to you until the work in that room or area 1s
complete,cleaned thoroughly,and the containment has been removed Because
you may not have access to some areas during the renovation,you should plan
accordingly
You may need:
•Alternative bedroom,bathroom,and kitchen arrangements if work is occurring
in
those areas of your home.
·A safe place for pets because they too can be poisoned by lead and can track
lead
dust into other areas of the home
·A separate pathway for the contractor from the work area to the outside in
order to bring materials in and out of the home Ideally,it should not be
through the same entrance that your family uses.
·A place to store your furniture All furniture and belongings may nave to be
moved from the work area while the work is being done Items that cant be
moved,such as cabinets,should be wrapped in plastic
·To turn off forced air heating and air conditioning systems while the work is
being done.This prevents dust from spreading through vents from the work
area to the rest of your home Consider how this may affect your living
4r2s16899e42%.¥
You may even want to move out of your home temporarily while all or part of the
work is being done.
Child care facilities and schools may want to consider alternative accommodations for children
and access to necessary facilities.
p.41
City of Delray Beach 8id 02024-021
DURING THE WORK
Federal law requi res contractors that are hired to perform renovation,repair
and painting projects in homes,child care facilities,and schools built before
1978 that disturb painted surfaces to be certified and follow specific work
practices to prevent lead contamination
The work practices the contractor must follow include these three simple
procedures,described below
1.Contain the work area.The area must be contained so that dust and debris
do not escape from that area Warning signs must be put up and plastic
or other impermeable matenal and tape must be used as appropriate to
·Cover the floors and any furniture that cannot be moved
·Seal off doors and heating and cooling system vents
·For exterior renovations,cover the ground and,in some instances,erect
vertical
containment or equivalent extra precautions in containing the work area
These work practices will help prevent dust or debris from getting outside the work
area
2.Avo id renovation methods that generate large amounts of lead-
contaminated dust Some methods generate so much lead
iiiiiiiii
contaminated dust that their use is prohibited.They are
•Open flame burning or torching.
•Sanding.grinding.,planing,needle
gunning,or blasting with power tools
and equipment not equipped with a
shroud and HEPA vacuum attachment.
·Using a heat gun at temperatures greater
than 1100°F
There is no way to eliminate dust but some renovation methods make iess dust than
others Contractors may choose to use various methods to minimize dust generation,
including using water to mist areas before sanding or scraping,scoring paint before
separating components,and prying and pulling apart components instead of breaking
them
3.Clean up thoroughly.Ine work area should be cleaned up daily to keep t as
clean as possible.When all the work is done,the area must be cleaned up using
special cleaning methods before taking down any plastic that isolates the work
area from the rest of the home The special cleaning methods should include
·Using a HEPA vacuum to clean up dust and debris on all surfaces,followed by
·Wet wiping and wet mopping with pienty of rinse water
When the final cleaning is done,look around.There should be no dust,paint chips,or debrs
in the work area lf you see any dust,paint chips,or debris,the area must be re-cleaned
•42}«m
City ot Delray Beach
FOR PROPERTY OWNERS:AFTER THE WORK IS DONE
8Id 02024-021
FOR ADDITIONAL INFORMATION
When all the work is finished,you will want to know if your home,child care
facility.or
school where children under six attend has been cdeaned up properly
EPA Requires Cleaning Verification.
In addition to using allowable work practices and working in a lead-safe manner
EPA's RRP rule requires contractors to follow a specific cleaning protocol The
protocol requires the contractor to use disposable cleaning cloths to wipe the
floor and other surfaces of the work area and compare these cloths to an EPA-
provided cleaning verification card to determine if the work area was adequately
cleaned.EPA research has shown that following the use of lead-safe work
practices with the cleaning verification protocol will effectively reduce lead dust
hazards
Lead-Dust Testing.
EPA believes that if you use a certified and trained renovation contractor who
follows the LRRP rule by using lead safe work practices and the cleaning
protocol after the job is finished,lead dust hazards will be effectively reduced
If,however,you are interested in having lead dust testing done at the
completion of your job,outlined below rs some helpful information.
What is a lead-dust test?
·Lead-dust tests are wipe samples sent to a laboratory for analysis You will get a
report specifying the levels of lead found after your specific job
How and when should 1 ask my contractor about lead-dust testing?
•Contractors are not required by EPA to conduct lead dust testing.However
if you want testing.EPA recommends testing be conducted by a lead
professional.To locate a lead professional who will perform an evaluation
near you,visit EPAs website at pa.gcv/lead/puts/locate or contact the
National Lead Information Center at 1-800-424-LEAD (5323).
·If you decide that you want lead dust testing,it is a good idea to specify in your
contract,before the start of the job,that a lead-dust test rs to be done for your
job and who will do the testing,as well as whether re-cleaning will be required
based on the results of the test.
•You may do the testing
yourself If you choose to do
the testing,some EPA
recognized lead laboratories
will send you a krt that allows
you to collect samples and
iiililii
10
the National Lead Information
Center for lists of EPA-recognized
testing laboratories
%%s.
You may need additional information on how to protect yourself and your
ch ild ren while a job is going on in your home,your building,or child care
facility
The National Lead Information Center at 1-800-424-LEAD (5323)or
2pa.go/lead/nli can tell you how to contact your state,local,and/or tribal
programs or get general information about lead poisoning prevention.
•State and tribal lead poisoning prevention or environmental protection programs
can provide information about lead
regulations and potential sources of
financial aid for reducing lead hazards If
your state or local government has
requirements more stringent than those
described in this pamphlet,you must follow
those requirements
•Local building code officials can tell ywu the
regulations that apply to the renovation work
that you are planning
•State county,and local health departments
can provide information about local
programs,including assistance for lead
poisoned children and advice on ways to
get your home checked for lead
The Natonal Lead information Center can also
provide a vanety of resource materials,
including the following guides to lead safe
work practices Many of these materials are
also available at zag_lead/puts/brochure
·Steps to Lead Safe Renovation,Repair and Painting
•Protect Your Family from Lead in Your Home
·Lead in Your Home A Parents Reference Gude
For the hearing mmpared,call the Federal Information Relay Serice at 1 800-
877-8339 to access any of the phone numbers in this brochure
4/26/2024 6 14 AM
City ot Delray each 8id 02024-021
11
p.44
City ot Delray Beach Bd02024-021
EPA CONTACTS OTHER FEDERAL AGENCIES
EPA Regional Offices
EPA addresses residential lead hazards through several different regulations
EPA requires training and certification for conducting abatement and
renovations,education about hazards associated with renovations,disclosure
about known lead paint and lead hazards in housing,and sets lead-paint
hazard standards
Your Regional EPA Office can provide further information regarding lead safety
and
lead protection programs at epagcvlead
CPSC
The Consumer Product Safety
Commission (CPSC)protects the public
from the unreasonable risk of injury or
death from 15,000 types of consumer
products under the agency's
jurisdiction.CPSC warns the public
and private sectors to reduce
exposure to lead and
HUD Office of Healthy Homes
and Lead Hazard Control
The Department of Housing and
Urban Development (HUD)provides
funds
to state and local governments to
develop cost-effective ways to reduce
lead based paint hazards in Americas
privately-owned low income housing
In
egor 1
(Connecticut
Massachusetts,Marne,
New Hampshire,Rhode
Island,Vermont)Regional
Lead Contact
US.EPA Region 1
Suite 1100
One Congress Street
Boston,MA 02114
2023
(888)372-7341
Region 2
(New Jersey,New York,
Puerto Rico,Virgin Islands)
Regional Lead Contact
US.EPA Region 2
2890 Woodbridge Avenue
Building 205,Mail Stop 225
Edison,NJ 08837 3679
(732)321-6671
Region 3
(Delaware,Maryland
Pennsylvania,Virginia,
Washington,DC.West
Virgina)
Regional Lead Contact
US EPA Region
3 1650 Arch
Street
4/2062484 88516.8.A
19103-2029
215)814 5000 egion 4
(Alabama,Florida,Georgia,
Kentucky,Mississippi,North
Carolina,South Carolina,
Tennessee)
Regional Lead Contact
US.EPA Region 4
61Forsyth Street,SW
Atlanta,GA 30303-8960
(404)562 9900
Region S
(Illinois,Indiana,Michigan,
Minnesota,Ohio,Wisconsin)
Regional Lead Contact
US EPA Region 5
77 West Jackson Boulevard
Chicago,IL 60604-3507
312)886-6003
Region 6
(Arkansas,Louisiana,New
Mexico,Oklahoma,Texas)
Regional Lead Contact
US EPA Region 6
1445 Ross Avenue,
12th Floor
Dallas,1X 75202-2733
(214)665-7577
22g.0 7
(lowa,Kansas,Missoun
Nebraska)
Regional Lead Contact
US EPA Region 7 901N 5th
Street Kansas City,KS 66101 (913)
551-7003
Region 8
(Colorado,Montana,
North Dakota,South Dakota,
Utah,Wyoming)Regional Lead
Contact
US.EPA Region 8 1595 Wynkoop
Street
Denver.CO 80202
303)312 6312
Region 9
(Arizona,California,Hawaii,
Nevada)
Regional Lead Contact
US Region 9
75 Hawthorne Street San Franmco,
CA 94105
(415)947 8021
Region 10
(Alaska,Idaho,Oregon,
Washington)Regional Lead
Contact
US EPA Region 10
1200 Sixth Avenue
Seattle.WA98101-1128
206)553 1200
p 45
increase consumer
awareness.Contact
CPS(for further
information regarding
regulations and consumer
product safety
CPSC
4330 East West
Highway
Bethesda,MD
20814
Hotline 1-(800)638-2772
£5.g0
CDC Childhood Lead
Poisoning
Prevention Branch
The Centers for Disease
Control and Prevention
(CDC)assists state and
local childhood lead
poisoning prevention
programs to provide a
scientific basis for policy
decisions,and to ensure
that health 1ssues are
addressed mn decisions
about housing and the
environment Contact
CDC Childhood Lead
Poisoning Prevention
Program for additional
materials and links on
the topic of lead
CDC Chiarood Lead
Poisoning Preventior
Branch
4770 Buford
Highway,MS F 40
Atlanta,GA 30341
(770)488-3300
<dgcu/nehdead
4/26/2024 6 14 AM
addition,the
office enforces
the rule on
disclosure of
known lead
paint and lead
hazards in
housing.and
HUD's lead
safety
regulations in
HUD assisted
housing.
provides public
outreach and
technical
assistance,and
conducts
technical
studies to help
protect children
and their
families from
health and
safety hazards
in the home
Contact the HUD
Office of Healthy
Homes and Lead
Hazard Control
for information
on lead
regulations.
outreach efforts.
and lead hazard
control research
and outreach
grant programs
US.Department of
Housing and
Urban
Development
Office of
Healthy
Homes
and Lead
Hazard
Control
451 Seventh Street SW
Room 8236 ""
Washingt
on,DC
20410-
3000
HUD's
Lead
Regulatio
ns Hotline
(202)402-7698
hud,gcv/offices/lead,
City ot Delray Beach 8d 02024-021
p 46
12
iiiiiii
City ot Delray Beach 81d 02024-021
13
0f-
I
City ot Delrly each
SAMPLE PRE-RENOVATION FORM
B8d 02024-021
This sample form may be used by renovation firms to document compliance with the
Federal pre-renovation education and renovation,repair,and painting regulations
Occupant Confirmation
Pamphlet Receipt
DI have received a copy of the lead hazard information pamphlet informing me of the
potential risk of the lead hazard exposure from renovation activity to be performed
in my dwelling unit I received this pamphlet before the work began
Printed Name of Owner occupant
Signature of Owner occupant Signature Date
4/26/2024 6 14 AM
Renovator's Self Certification Option (for tenant-occupied dwellings only)
instructions to Renovator If the lead hazard information pamphlet was delivered but a tenant
signature was not obtainable you may check the appropriate box below
D Declined-I certify that I have made a good faith effort to deliver the lead hazard
information pamphlet to the rental dwelling unit listed below at the date and time
indicated and that the occupant declined to sign the confirmation of receipt I further
certify that I have left a copy of the pamphlet at the unit wnth the occupant
D Unavailable for signature -I certify that l have made a good faith effort to deliver
the lead hazard information pamphlet to the rental dwelling unit listed below and that
the occupant was unavailable to sign the confirmation of receipt I further certify that l
have left a copy of the pamphlet at the unit by sliding it under the door or by (fill in
how pamphlet was left)
Printed Name of Person Certifying Delivery Attempted Delivery Date
Signature of Person Certifying Lead Pamphlet Delivery
p.48
4/2 6 /20 24 6 14 AM
City ot Delray Bea.ndoe+Ud
Unit Address
Note Regarding Mailing Option-As an alternative to delivery in person,you
may mail the lead hazard information pamphlet to the owner and/or tenant Pamphlet
must be mailed at least seven days before renovation.Mailing must be documented by
a certificate of mailing from the post office.
p 49
I Beach""Bid Q2024-021
.•'
ll-41:Ip!u.
·'1 ••i ,«q4 Eu•al-•t--..•.-.I ·••'<
.!"'-....-~··--•':-~·.-:~•••:~,..~:::---:~
p.50
United States
Department of
Housing and Urban
Development
City of Delray Beach Bid Q2024-021
Are You Planning to Buy or Rent a Home Built
Before 1978?
Did you know that many homes built before 1978 have lead-based
paint?Lead from paint,chips,and dust can pose serious health
hazards.
Read this entire brochure to learn:
•How lead gets into the body
•How lead afects health
•What you can do to protect your family
•Where to go for more information
Before renting or buying a pre-1978 home or apartment,
federal law requires:
•Sellers must disclose known information on lead-based paint or
lead-based paint hazards before selling a house.
•Real estate sales contracts must include a specifc warning
statement about lead-based paint.Buyers have up to 10 days to
check for lead.
•Landlords must disclose known information on lead-based
paint or lead-based paint hazards before leases take efect.
Leases must include a specifc warning statement about lead-
based paint.
If undertaking renovations,repairs,or painting (RRP)projects
in your pre-1978 home or apartment:
•Read EPA's pamphlet,The Lead-Safe Certifed Guide to Renovate
Right,to learn about the lead-safe work practices that
contractors are required to follow when working in your home
(see page 12).
4/26/2024 6:14 AM p.52
City of Delray Beach
4/26/2024 6:14 AM
Bid Q2024-021
p.53
City of Delray Beach
Simple Steps to Protect Your
Fam ily from Lead
r1 azards
If you think your home has lead-based paint:
•Don't try to remove lead-based paint yourself.
•Always keep painted surfaces in good condition to
minimize deterioration.
•Get your home checked for lead hazards.Find a
certifed inspector or risk assessor at epa.gov/lead.
Tll,+ye ii ol+{yin cyybo xi+lIaInLUyuIIOIIHIAauI/I)i ta o vvttl
peeling or chipping paint.
Bid Q2024-021
•Regularly clean foors,window sills,and other surfaces.
•Take precautions to avoid exposure to lead dust
when remodeling.
•When renovating,repairing,or painting,hire only EPA-or
state-approved Lead-Safe certifed renovation frms.
•Before buying,renting,or renovating your home,
have it checked for lead-based paint.
•Consult your health care provider about testing your
children for lead.Your pediatrician can check for lead
with a simple blood test.
•Wash children's hands,bottles,pacifers,and toys often.
•Make sure children eat healthy,low-fat foods high in
-l,ii ]l F@pH ,a IT V a
4/26/2024 6 14 AM
,r
p.54
1
City of Delray Beach
•Remove shoes or wipe soil of shoes before entering
your house.
id 02024-021
4/26/2024 6.14 AM p.55
City of Delray Beach
Lead Gets into the Body in Many Ways
Bid Q2024-021
Adults and children can get lead into their bodies if they:
•Breathe in lead dust (especially during activities such as
renovations,repairs,or painting that disturb painted surfaces).
•Swallow lead dust that has settled on food,food preparation
surfaces,and other places.
•Eat paint chips or soil that contains lead.
Lead is especially dangerous to children under the age of 6.
•At this age,children's
brains and nervous
svstems are more/
sensitive to the damaging
efects of lead.
•Children's growing
bodies absorb more
lead.
•Babies and young
children often put their
hands
and other objects in their
mouths.These objects can
have lead dust on them.
Women of childbearing age should know that lead is
dangerous to a developing fetus.
•Women with a high lead level in their system before or
during pregnancy risk exposing the fetus to lead through
the placenta during fetal development.
4/26/2024 6 14 AM p.56
4/26/2024 6:14 AM
City of Delray Beach Bid Q2024-021
2
p.57
City of Delray Beach
Health Efects of Lead
Bid Q2024-021
Lead afects the body in many ways.It is im portant to know that
even exposure to low levels of lead can severely harm children.
In children,exposure to lead can cause:
•N ervous system and kid ney dam age
•Learn ing disab ilities,att ention-
defc it diso rder,and decreased
intelligence
•Speech,languag e,and
behavior pro blem s
Poo r m uscle coo rdination
•Decreased m uscl e and bo ne gro wth
•H earing dam age
W hile low -lead expo sure is m o st
co m m on,exposure to hig h am ounts of
lead can have devastating efects on
child ren,includ ing
Brain Nerve Damage
~
"WDigestive
Problem
Reproductive
Problems
(Adults)
seizures,unco nsciousness,and in so m e cases,death.
A ltho ugh child ren are especially susceptib le to lead exposure,lead
can be dangerous for adults,too .
In adults,exposure to lead can cause:
•H arm to a develo ping fetus
•Incr eased chance of hig h blo od pressure during pregnancy
•Fert ility pro b lem s (in m en and w om en)
•Hig h bloo d pressure
an2sjg89ik pro blem s p.58
3
City of Delray Beach
Nerve disorders
•Memory and concentration problems
•Muscle and joint pain
Bid Q2024-021
4/26/2024 6:14 AM p.59
City of Delray Beach
Check Your Family for Lead
Bid Q2024-021
Get your children and home tested if you think your home
has lead.
Children's blood lead levels tend to increase rapidly from 6 to
12 months of age,and tend to peak at 18 to 24 months of
age.
Consult your doctor for advice on testing your children.A simple
blood test can detect lead.Blood lead tests are usually
recommended for:
•Children at ages 1 and 2
•Children or other family members who have been exposed to
high levels of lead
•Children who should be tested under your state or local
health screening plan
Your doctor can explain what the test results mean and if more
testing will be needed.
4/26/2024 6 14AM p.60
4/26/2024 6 14 AM
City of Delray Beach Bid Q2024-021
p.61
4
City of De lra y Beach
Where Lead-Based Paint Is Found
Bid Q 2024 -021
In general,the older your home or childcare facility,the more likely
it has lead-based paint.1
Many homes,including private,federally-assisted,federally-
owned housing,and childcare facilities built before 1978
have lead-based paint.In 1978,the federal government banned
consumer uses of lead-containing paint.2
Learn how to determine if paint is lead-based paint on page 7.
Lead can be found:
•In homes and childcare facilities in the city,country,or suburbs,
•In private and public single-family homes and apartments,
•On surfaces inside and outside of the house,and
•In soil around a home.(Soil can pick up lead from exterior
paint or other sources,such as past use of leaded gas in cars.)
Learn more about where lead is found at epa.gov/lead.
"Ie ad -b ased paint"is currently defned by the federal government as paint with
4/26/2024 6 14 AM p.62
City of Delray Beach Bid Q2024-021
5
lead levels greater than or equal to 1.0 milligram per square centimeter
(mg/cm),or more than 0.5%by weight.
2 "Lead-containing paint"is currently defned by the federal government as lead in
new dried paint in excess of 90 parts per million (ppm)by weight
4/26/2024 614 AM p.63
City of Delray Beach B8id Q2024-021
Identifying Lead-Based Paint and Lead-Based Paint
Hazards
Deteriorated lead-based paint (peeling,chipping,
chalking,cracking,or damaged paint)is a hazard and
needs immediate attention.Lead-based paint may also be a
hazard when found on surfaces that children can chew or that
get a lot of wear and tear,such as:
•On windows and window sills
•Doors and door frames
•Stairs,railings,banisters,and porches
Lead-based paint is usually not a hazard if it is in good condition
and if it is not on an impact or friction surface like a window.
Lead dust can form when lead-based paint is scraped,sanded,
or heated.Lead dust also forms when painted surfaces
containing lead bump or rub together.Lead paint chips and
dust can get on
surfaces and objects that people touch.Settled lead dust can
reenter the air when the home is vacuumed or swept,or when
people walk through it.EPA currently defnes the following levels of
lead in dust as hazardous:
•10 micrograms per square foot (µg/ft2)and higher for
foors,including carpeted foors
•100 g/ft and higher for interior window sills
Lead in soil can be a hazard when children play in bare soil or
when people bring soil into the house on their shoes.EPA
currently defnes the following levels of lead in soil as hazardous:
•400 parts per million (ppm)and higher in play areas of bare soil
•1,200 ppm (average)and higher in bare soil in the
remainder of the yard
Remember,lead from paint chips-which you can see-and lead4/26/2024 6:14 AM p.64
City of Delray Beach Bid Q2024-021
dust-which you may not be able to see-both can be hazards.
The only way to fnd out if paint,dust,or soil lead hazards exist is to
test for them.The next page describes how to do this.6
4/26/2024 6:14 AM p.65
City of Delray Beach
Checking Your Home for Lead
Bid Q2024-021
You can get your home tested for lead in several diferent ways:
•A lead-based paint inspection tells you if your home has
lead-based paint and where it is located.It won't tell you
whether your home currently has lead hazards.A trained and
certifed testing professional,called a lead-based i6+
inspector,will conduct a paint inspection
using methods,such as:
•Portable x-ray fuorescence (XRF)machine
•Lab tests of paint samples
•A risk assessment tells you if your
vr riv%l,{ll r-el-I I II III !y Ia Cally Hau I1aa+a
from lead in paint,dust,or soil.It also
tells you what actions to take to
address any hazards.A trained and
certifed testing professional,called a
risk assessor,will:
•Sample paint that is deteriorated on doors,windows,foors,
stairs,and walls
•Sample dust near painted surfaces and sample bare soil in
the yard
•Get lab tests of paint,dust,and soil samples
•A combination inspection and risk assessment tells you if your
home has any lead-based paint and if your home has any lead
hazards,and where both are located.
Be sure to read the report provided to you after your inspection or risk
assessment is completed,and ask questions about anything you do not
understand.
4/26/2024 6 14 AM p.66
7
4/26/2024 6:14 AM
City of Delray Beach Bid Q2024-021
p.67
City of Delray Beach
Checking Your Home for Lead,continued
Bid 02024-021
In prepa rin g for re n o vatio n ,re pa ir,o r p ain ting w o rk in a pre -
1978 home,Lead-Safe Certifed renovators (see page 12)may:
•Take paint chip samples to determine if lead-based paint is
present in the area planned for renovation and send them to
an EPA-recognized lead lab for analysis.In housing receiving
federal assistance,the person collecting these samples must
be a certifed lead-based paint inspector or risk assessor
•U se EPA -re co g nized tests kits to determine if lead-based
paint is absent (but not in housing receiving federal
assistance)
•Presume that lead-based paint is present and use lead-safe
work practices
There are state and federal programs in place to ensure that
testing is done safely,reliably,and efectively.Contact your state or
local agency for more information,visit epa.gov/lead,or call 1-
800-424-LEAD (5323)for a list of contacts in your area.3
4/26/2024 6:14 AM p.68
City of Delray Beach Bid Q2024-021
3 Hearing-or speech-challenged individuals may access this number through TTY
by calling the Federal Relay Service at 1-800-877-8339.
8
4/26/2024 6:14 AM p.69
City of Delray Beach Bid Q2024-021
What You Can Do Now to Protect Your Family
If you suspect that your house has lead-based paint hazards,
you can take some immediate steps to reduce your family's
risk:
•If you rent,notify your landlord of peeling or chipping paint.
•Keep painted surfaces clean and free of dust.Clean foors,
window frames,window sills,and other surfaces weekly.Use a
mop or sponge with warm water and a general all-purpose
cleaner.(Remember:never mix ammonia and bleach products
together because they can form a dangerous gas.)
•Carefully clean up paint chips immediately without creating dust.
•Thoroughly rinse sponges and mop heads often during
cleaning of dirty or dusty areas,and again afterward.
•Wash your hands and your children's hands often,especially
before they eat and before nap time and bed time.
•Keep play areas clean.Wash bottles,pacifers,toys,and
stufed animals regularly.
•Keep children from chewing window sills or other painted
surfaces,or eating soil.
•When renovating,repairing,or painting,hire only EPA-or
state-approved Lead-Safe Certifed renovation frms (see
page 12).
•Clean or remove shoes before entering your home to avoid
tracking in lead from soil.
•Make sure children eat nutritious,low-fat meals high in iron,and
calcium,such as spinach and dairy products.Children with good
diets absorb less lead.
4/26/2024 6:14 AM p.70
9
4/26/2024 6 14 AM
City of Delray Beach Bid Q2024-021
p.71
City of Delray Beach
Reducing Lead Hazards
Disturbing lead-based paint or
removing lead improperly can
increase the hazard to your family
by spreading even more lead dust
around the house.
•In addition to day-to-day cleaning
and good nutrition,you can
temporarily reduce lead-based
paint hazards by taking actions,
such as repairing damaged painted
surfaces and planting grass to
cover lead-contaminated soil.
These actions are
Bid Q2024-021
»i •·ti Inotpermanentsouuonsanawitneea
ongoing attention.
•You can minimize exposure to lead
when renovating,repairing,or painting by hiring an EPA-or
state-certifed renovator who is trained in the use of lead-safe
work practices.If you are a do-it-yourselfer,learn how to use
lead-safe work practices in your home.
•To remove lead hazards permanently,you should hire a certifed
lead abatement contractor.Abatement (or permanent hazard
elimination)methods include removing,sealing,or enclosing
lead-based paint with special materials.Just painting over the
hazard with regular paint is not permanent control.
Always use a certifed contractor who is trained to address lead
hazards safely.
•Hire a Lead-Safe Certifed frm (see page 12)to perform
renovation,repair,or painting (RRP)projects that disturb
painted surfaces.
•To correct lead hazards permanently,hire a certifed lead
abatement contractor.This will ensure your contractor knows
how to work safely and has the proper equipment to clean up
thoroughly.
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City of Delray Beach Bid Q2024-021
Certifed contractors will employ qualifed workers and follow strict
safety rules as set by their state or by the federal government.
10
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City of D e lray Beach
Reducing Lead Hazards,continued
Bid Q 2024 -021
If your home has had lead abatement work done or if the
housing is receiving federal assistance,once the work is completed,
dust cleanup activities must be conducted until clearance testing
indicates that lead dust levels are below the following levels:
•10 micrograms per square foot (g/ft)for floors,including
carpeted floors
•100 g/ft for interior windows sills
•400 µg/ft2 for window troughs
Abatements are designed to permanently eliminate lead-
based paint hazards.However,lead dust can be reintroduced
into an abated area.
•Use a HEPA vacuum on all furniture and other items returned to
the area,to reduce the potential for reintroducing lead dust.
•Regularly clean floors,window sills,troughs,and other hard
surfaces with a damp cloth or sponge and a general all-purpose
cleaner.
Please see page 9 for more information on steps you can take to
protect your home after the abatement.For help in locating
certified lead abatement professionals in your area,call your state
or local agency (see pages 15 and 16),epa.gov/lead,or call 1-
800-424-LEAD.
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11
4/26/2024 6 14 AM
City of Delray Beach Bid Q2024-021
p.75
City of Delray Beach
Ren o v atin g ,Rep airing or Painting a Home
w ith Le a d-Based Paint
Bid Q2024-021
If you hire a contractor to conduct renovation,repair,or
painting (RRP)projects in your pre-1978 home or childcare
facility (such as pre-school and kindergarten),your
contractor must:
•Be a Lead-Safe Certifed frm approved by EPA or
an EPA-authorized state program
•Use qualifed trained individuals (Lead-Safe
Certifed renovators)who follow specifc lead-
safe work practices to prevent lead
contamination
•Provide a copy of FPA's lead hazard
information document,Th e Le ad -Sa fe
C e rtifed G u id e to R e no vate Right
RRP contractors working in pre-1978 homes and childcare facilities
must follow lead-safe work practices that:
•Contain the work area.The area must be contained so that dust
and debris do not escape from the work area.Warning signs
must be put up,and plastic or other impermeable material and
tape must be used.
•Avoid renovation methods that generate large amounts
of lead-contaminated dust.Some methods generate so
much lead-contaminated dust that their use is prohibited.
They are:
•Open-fame burning or torching
•Sanding,grinding,planing,needle gunning,or blasting
with power tools and equipment not equipped with a
shroud and HEPA vacuum attachment
•Using a heat gun at temperatures greater than 1100°F
•Clean up thoroughly.The work area should be cleaned up
daily.When all the work is done,the area must be cleaned up
using special cleaning methods.
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•Dispose of waste properly.Collect and seal waste in a heavy
City of Delray Beach Bid Q2024-021
duty bag or sheeting.When transported,ensure that waste is
contained to prevent release of dust and debris.
To learn more about EPA's requirements for RRP projects,visit
epa.gov/getleadsafe,or read The Lead -Safe Cert ifed Guide to 1
R enova te Righ t.
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City of Delray Beach
Other Sources of Lead
Bid Q2024-021
Lead in Drinking Water
The most common sources of lead in drinking water are lead pipes,
faucets,and fxtures.
Lead pipes are more likely to be found in older cities and homes
built before 1986.
You can't smell or taste lead in drinking water.
To fnd out for certain if you have lead in drinking water,have
your water tested.
Remember older homes with a private well can also have plumbing
materials that contain lead.
Important Steps You Can Take to Reduce Lead in Drinking Water
•Use only cold water for drinking,cooking and making baby
formula.Remember,boiling water does not remove lead from
water.
•Before drinking,fush your home's pipes by running the tap,
taking a shower,doing laundry,or doing a load of dishes.
•Regularly clean your faucet's screen (also known as an aerator).
•If you use a flter certifed to remove lead,don't forget to read the
directions to learn when to change the cartridge.Using a flter
after it has expired can make it less efective at removing lead.
Contact your water company to determine if the pipe that
connects your home to the water main (called a service line)is
made from lead.Your area's water company can also provide
information about the lead levels in your system's drinking water.
For more information about lead in drinking water,please contact
EPA's Safe Drinking Water Hotline at 1-800-426-4791.If you have
other questions about lead poisoning prevention,call 1-800 424-
LEAD.*
Call your local health department or water company to fnd out
about_testing your water,or visit epa.gov/safewater for EPA's lead
4/26/2024 614 AM p.78
C ity of De lray Beach Bid Q2024-021
in drinking water information.Some states or utilities ofer
programs to pay for water testing for residents.Contact your state
or local water company to learn more.
Hearing-or speech-challenged individuals may access this number through TTY
13 by calling the Federal Relay Service at 1-800-877-8339.
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City of Delray Beach
Other Sources of Lead,continued
Bid Q2024-021
•Lead smelters or other industries that release lead into the air.
•Your job.If you work with lead,you could bring it home on your
body or clothes.Shower and change clothes before coming home.
Launder your work clothes separately from the rest of your family's
clothes.
•Hobbies that use lead,such as making pottery or stained
glass,or refnishing furniture.Call your local health
department for information about hobbies that may use
lead.
•Old toys and furniture may have been painted with lead-
containing paint.Older toys and other children's products may
have parts that contain lead."
•Food and liquids cooked or stored in lead crystal or lead-
glazed pottery or porcelain may contain lead.
•Folk remedies,such as"greta"and "azarcon,"used to treat an
upset stomach.
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City of Delray Beach Bid Q2024-021
4 In 1978,the federal government banned toys,other children's products,and
furniture with lead-containing paint.In 2008,the federal government banned
lead in most children's products.The federal government currently bans lead in
excess of 100 ppm by weight in most children's products.
14
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City of Delray Beach
Fo r M ore Information
Bid Q2024-021
The National Lead Information Center
Learn how to protect children from lead poisoning and get
other information about lead hazards on the Web at
epa.gov/lead and hud.gov/lead,or call 1-800-424-LEAD
(5323).
EPA's Safe Drinking Water Hotline
For information about lead in drinking water,call 1-800-426-4791,
or visit epa.gov/safewater for information about lead in drinking
water.
Consumer Product Safety Commission (CPSC)Hotline
For information on lead in toys and other consumer products,
or to report an unsafe consumer product or a product-related
iniurv.call 1-800-638-2772.or visit CPSC's website at24+
cpsc.gov or saferproducts.gov.
State and Local Health and Environmental Agencies
Some states,tribes,and cities have their own rules related to
lead-based paint.Check with your local agency to see which
laws apply to you.Most agencies can also provide information
on fnding a lead abatement frm in your area,and on possible
sources of fnancial aid for reducing lead hazards.Receive up-to-
date address and phone
information for your state or local contacts on the Web at
epa.gov/lead,or contact the National Lead Information Center at 1-
800-424-LEAD.
Hearing-or speech-challenged individuals may access any of
the phone numbers in this brochure through TTY by calling
the toll-free Federal Relay Service at 1-800-877-8339.
4/26/2024 6:14 AM p.82
15
4/26/2024 6:14 AM
City of Delray Beach Bid Q2024-021
p.83
City of Delray Beach Bid Q2024-021
U.S.Environmental Protection Agency (EPA)
Regional Ofces
The mission of EPA is to protect human health and the
environment.Your Regional EPA Ofce can provide further
information regarding regulations and lead protection programs.
Region 1 (Connecticut,Massachusetts,
Maine,New Hampshire,Rhode Island,
Vermont)
Regional Lead Contact
U.S.EPA Region 1
5 Post Ofce Square,Suite 100,OES 05-4
Boston,MA 02109-3912
(888)372-7341
Region 2 (New Jersey,New York,Puerto
Rico,Virgin Islands)
Regional Lead Contact
US.EPA Region 2
2890 Woodbridge Avenue
Building 205,Mail Stop 225
Edison,NJ 08837-3679
(732)906-6809
Region 3 (Delaware,Maryland,
Pennsylvania,Virginia,DC,West Virginia)
Regional Lead Contact
U.S.EPA Region
3 1650 Arch
Street
Philadelphia,PA 19103
(215)814-2088
Region 4 (Alabama,Florida,Georgia,
Kentucky,Mississippi,North Carolina,South
Carolina,Tennessee)
Regional Lead Contact
U.S.EPA Region 4
AFC Tower,12th Floor,Air,Pesticides &
Toxics 61 Forsyth Street,SW
Atlanta,GA 30303
(404)562-8998
Region 5 (Illinois,Indiana,Michigan,
Minnesota,Ohio,Wisconsin)
Regional Lead Contact
U.S.EPA Region 5(LL-170)
77 West Jackson
a028%26588 kg9o I
60604-3666
(312)353-3808
p.84
City of Delray Beach Bid Q2024-021
Region 6 (Arkansas,Louisiana,New
Mexico,Oklahoma,Texas,and 66
Tribes)
Regional Lead Contact
US.EPA Region 6
1445 Ross Avenue,12th
Floor Dallas,TX 75202-
2733
(214)665-2704
Region 7 (Iowa,Kansas,Missouri,
Nebraska)Regional Lead Contact
US.EPA
Region 7
11201
Renner Blvd.
Lenexa,KS 66219
(800)223-0425
Region 8 (Colorado,Montana,
North Dakota,South Dakota,Utah,
Wyoming)
Regional Lead Contact
US.EPA
4/26/2024 6 14 AM
Region 8 1595
Wynkoop St.
Denver,CO 80202
(303)312-6966
Region 9 (Arizona,California,Hawaii,
Nevada)
Regional Lead Contact
US.EPA Region 9 (CMO-4-2)
75 Hawthorne Street
San Francisco,CA
94105
(415)947-4280
Region 10 (Alaska,Idaho,Oregon,
Washington)
Regional Lead Contact
US.EPA Region 10 (20-C04)
Air and Toxics Enforcement Section
1200 Sixth Avenue,Suite 155
Seattle,WA 98101
(206)553-1200
16
p.85
City of Delray Beach Bid 02024-021
Consumer Product Safety Commission (CPSC)
The CPSC protects the public against unreasonable risk of
injury from consumer products through education,safety
standards activities,and enforcement.Contact CPSC for
further information regarding consumer product safety and
regulations.
CPSC
4330 East West Highway
Bethesda,MD 20814-4421
1-800-638-2772
cpsc.gov or saferproducts.gov
U.S.Department of Housing and Urban
Development (HUD)
HU D's mission is to create strong,sustainable,inclusive
communities and quality afordable homes for all.
Contact to Ofce of Lead Hazard Control and Healthy
Homes for further information regarding the Lead Safe
Housing Rule,which protects families in pre-1978
assisted housing,and for the lead hazard control and
research grant programs.
HUD
451 Seventh Street,SW,Room 8236
Washington,DC 20410-3000
(202)402-7698
hud.gov/lead
This document is in the public domain.It may be produced by an individual or organization
without permission.Information provided in this booklet is based upon current scientifc and
technical understanding of the issues presented and is refective of the jurisdictional boundaries
established by the statutes governing the co-authoring agencies.Following the advice given will
not necessarily provide complete protection in all situations or against all health hazards that can
be caused by lead exposure.
4/26/2024 6 14 AM p.86
U.S.EPA Washington DC 20460
U.S.CPSC Bethesda MD 20814
U.S.HUD Washington DC 20410
17
4/26/2024 6:14 AM
City of Delray Beach Bid Q2024-021
EPA-747-K-12-001
March 2021
p.87
IMPORTANT!
Lead From Paint,Dust,and Soil in and
Around Your Home Can Be
Dangerous if Not Managed Properly
•Children under 6 years old are most at risk for
lead poisoning in your home.
•Lead exposure can harm young children and babies
even before they are born.
•Homes,schools,and child care facilities built before
1978 are likely to contain lead-based paint.
•Even children who seem healthy may have
dangerous levels of lead in their bodies.
•Disturbing surfaces with lead-based paint or
removing lead-based paint improperly can increase
the danger to your family.
•People can get lead into their bodies by breathing
or swallowing lead dust,or by eating soil or paint
chips containing lead.
•People have many options for reducing lead hazards.
Generally,lead-based paint that is in good condition is
4/26/2024 6.14 AM
City of Delray Beach
LII V OF D ELR V BE RIH
NEIGHBORHOOD SERVICES DIVISION
IN STR UCT IO N S T O BID D ERS
Bid Q2024-021
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4/26/2024 6/14 AM
City of Delray Beach
INSTRUCTIONS TO BIDDERS
1.INTERPRETATIONS OR ADDENDA
All questions about the meaning or intent of the Contract Documents are to be directed to the
Purchasing Division.Interpretations or clarifications considered necessary by the Purchasing
Division in response to such questions will be issued by addenda and uploaded to Periscope S2G
www.periscopeholdings.com/s2g.Any questions regarding the specifications and solicitation
process must be submitted through the "Question"feature on Periscope S2G
www.periscopeholdings.com/s2g.All such addenda shall become part of Contract and all Bidders
shall be bound by such addenda.
2.INSPECTION OF SITE
Each bidder should visit the site of the proposed work and fully acquaint himself with the existing
conditions there relating to construction and labor and should fully inform himself as to the facilities
involved,the difficulties and restrictions attending the performance of the Contract.The Bidder
should thoroughly examine and familiarize himself with the Drawings,Technical Specifications,and
all other Contract Documents.The Contractor by the execution of the Contract shall in no way be
relieved of any obligations under it due to his failure to received or examine any form or legal
instrument or to visit the site and acquaint himself with the conditions there existing and the City of
Delray Beach will be justified in rejecting any claim based on facts regarding which he should have
been on notice as a result thereof.
3.ALTERNATIVE BIDS
No alternative bids will be considered unless specifically requested by the Purchasing Division.
4.BIDS
a.All electronically submitted Bids must be on forms supplied by the City of Delray Beach
and shall be subject to all requirements of the Contract Documents,including the
Drawings,and these INSTRUCTIONS TO BIDDERS.All bids must be regular in every
respect and no interlineations,excisions or special conditions shall be made or included in
the Bid Proposal Work Write-up by the Bidder.
b.Sealed Electronic Proposals of the Bid shall be submitted at the time and place indicated
in the Bid form.Each bid shall be accompanied by all required documents.Bidder assume
full responsibility for timely delivery of its Bid,which must be sent electronically on
Periscope S2G www.periscopeholdings.com/s2g.
c.The City of Delray Beach may consider as irregular any Bid on which there is an
alternation of or departure from the Bid Proposal Work Write-up hereto attached and at its
option may reject the same.
d.Bidder Is NOT listed on the System for Award Management (SAM),electronic roster of
debarred companies excluded from Federal procurement and non-procurement programs
4
Bid Q2024-021
p.90
4/26/2024 6.14 AM
C ity of D elray Beach
throughout the US.Government (unless otherwise noted)and from receiving Federal
contracts or certain subcontracts and from certain types of Federal financial and
nonfinancial assistance and benefits.No documentation is required.The City will
verify the registration status.Per Section 34 (f)Rejection of Bids or Proposals of
the City's Purchasing Policies and Procedures Manual,vendors may be deemed
non-responsible if:Vendor have been declared to be in default on any City or
public entity contract,debarred or suspended by any public entity.Purchasing
Procedure Manual.
htt ps://w w w .delraybeachfl.gov/hom e/show publisheddocum ent/12270/638140626086330000.
5.COLLUSIVE AGREEMENTS
Each Contractor accepting a contract through the City of Delray Beach for any portion of the work
contemplated by the documents on which bidding is based shall execute an affidavit substantially
in the form herein provided,to the effect that he/she has not entered into a collusive agreement
with any other person,firm or corporation in regard to any Bid submitted.
6.NON-SEGREGATED FACILITIES AGREEMENT
Each Contractor accepting a contract through the City of Delray Beach shall execute an affidavit in
the form herein providing to the effect that he/she will not maintain or provide for segregated
facilities.
7.STATEMENT OF BIDDER'S QUALIFICATIONS
Each Bidder shall,upon request of the Neighborhood Services Division,furnish for that purpose (a
copy of which is included in the Contract Documents)a statement of the Bidders qualifications,his
experience record in constructing the type of improvements embraced in the contract,his
organization and equipment available for the work contemplated and,when specifically requested
by the Neighborhood Services Division,a detailed financial statement.
The Neighborhood Services Division shall have the right to take such steps as it deems necessary
to determine the ability of the Bidder to perform his obligations under the Contract and the Bidder
shall furnish all such information and data for this purpose as it may request.The right is reserved
to reject any Bid where an investigation of the available evidence or information does not satisfy
the City of Delray Beach that the Bidder is qualified to carry out properly the terms of the Contract.
8.UNIT PRICES
The unit price for each of the several items in the proposal of each Bidder shall include its pro-rata
share of overhead so that the sum of the products obtained by multiplying the quantity for each
item by the unit price Bid represents the total Bid.Any Bid not conforming to this requirement may
be rejected as informal.The special attention of all Bidders is called to this provision,for should
conditions make it necessary to revise the quantities,no limit will be fixed for such increased or
decreased quantities nor extra compensation allowed,provided the net monetary value of all such
additive and subtractive changes in quantities of such items of work (i.e.,difference in cost)shall
not increase or decrease the original contract price by more than twenty-five percent (25%),except
for work not covered in the Drawing and Technical Specifications as provided for in Section 109
thereof.
2
Bid Q2024-021
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4/26/2024 614 AM
City of Delray Beach
9.CORRECTIONS
Addenda may also be issued to make corrections or modify the Bidding Documents as deemed
advisable by the City.
10.TIME FOR RECEIVING BIDS
Bids received prior to the advertised hour of opening will be securely kept sealed.The officer
whose duty it is to open them will decide when the specified time has arrived,and no Bid received
thereafter will be considered.
11.OPENING OF BIDS
At the time and place fixed for the opening of Bids,the City of Delray Beach Purchasing Division or
approved representative will cause to open and publicly read aloud every Bid received within the
time set for receiving Bids,irrespective of any irregularities therein,Bidders and other persons
properly interested may be present,in person or by representative.
12.WITHDRAWAL OF BIDS
A Bid shall be irrevocable unless the Bid is withdrawn as provided therein.Only a written letter
received by the Purchasing Division prior to the due date for Bids may withdraw a Bid.A Bid may
be withdrawn ninety (90)days after the Bid has been opened and prior to award,by submitting a
letter to the Purchasing and Contracts Director.The withdrawal letter must be on a company
letterhead and signed by an authorized agent of the Bidder.
13.AWARD OF CONTRACT:REJECTION OF BIDS
a.The contract will be awarded to the most responsible,responsive Bidder whose
evaluation indicates that the award will serve the highest public interest and be in the best
interest of the City.The Bidder to whom the award is made will be notified at the earliest
possible date.The City of Delray Beach,however,reserves the right to reject any and all
Bids and to waive any informality in Bids received whenever such rejection or waiver is in
its interest.
b.The City of Delray Beach reserves the right to consider as unqualified to do the work of
general construction any Bidder who does not habitually perform with his own forces the
major portions of the work involved in construction of the Improvements embraced in this
Contract
GENERAL CONDITIONS
PART/
101.DEFINITIONS
3
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City of Delray Beach
Whenever used in any of the Contract Documents,the following meanings shall be given
to the terms herein defined:
a.The term "Contract"means the Contract executed by the City and the Contractor,of which
these GENERAL CONDITIONS,PARTS I and II form a part.
b.The term "Contractor"means the person,firm or corporation entering into the Contract
with the Homeowner to construct and install the Improvements embraced in this Contract.
c.The term "Engineer"means the City of Delray Beach's Community Improvement
Department,serving the Local Public agency with architectural or engineering services,
his successor,or any other person or persons employed by said Local Agency for the
purpose of directing or having in charge the work embraced in this Contract,the said
engineer acting,directly or having in charge the work embraced in this Contract,the said
Engineer acting directly or indirectly through any Assistant Engineer having immediate
charge of a portion thereof limited by the particular duties entrusted to him.
d.The term "Local Government"means the City (town,borough,or political subdivision)
within which the Project Area is situated.
e.The term "Contract Documents"means and shall include the following Executed
Contract,Addenda (if any),Invitation to id,Instructions to Bidders.,Signed Copy of id,
General Conditions;Parts I and II,Special Conditions,Technical Specifications and
Drawings.
f.The term "Technical Specifications"means that part of the Contract documents which
describes,outlines and stipulates;the quality of workmanship required;and the methods
to be used in carrying out the construction work to be performed under this Contract.
g.The term "Addendum"or "Addenda"means any changes,revisions or clarifications of the
Contract Documents which have been duly issued by the Neighborhood Services Division
to prospective Bidders prior to the time of receiving Bids.
h.The term "Secretary"means the Secretary of Housing and Urban Development,or other
persons who may be at the time acting in the capacity or authorized to perform the
functions of such secretary,or the authorized representative thereof.
102.SUPERINTENDENCE BY CONTRACTOR
a.Except where the Contractor is an individual and gives his/her personal superintendence
to the work,the Contractor shall provide a competent superintendent,satisfactory to the
City of Delray Beach,on the work at all times during working hours with full authority to
act for him/her.The Contractor shall also provide an adequate staff for the proper
coordination and expediting of his/her work.
b.The Contractor shall lay out his/her work and he/she shall be responsible for all work
executed by him/her under the Contract.He/she shall verify all figures and elevations
before proceeding with the work and will be held responsible for any error resulting from
his/her failure to do so.
103.SUBCONTRACTORS
4
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4/26/2024 6 14 AM
City of Delray Beach
a.The Contractor shall not execute an agreement with any subcontractor or permit any
subcontractor to perform any work included in this Contract until he/she has submitted a
non-collusion affidavit from the subcontractor in substantially the form as shown
elsewhere in these Contract Documents and has received written approval of such
subcontractor from the City of Delray Beach.
b.No proposed subcontractor shall be disapproved by the Neighborhood Services Division
except for cause.
c.The contractor shall be as fully responsible to the Neighborhood Services Division for the
acts and omissions of his/her subcontractors,and of persons either directly or indirectly
employed by them,as he/she is for the acts and omissions of persons directly employed
by him/her.
d.The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work to require compliance by each subcontractor with the applicable
provisions of the Contract.
e.Nothing contained in the Contract shall create any contractual relations between any
subcontractor and the City of Delray Beach.
104.OTHER CONTRACTS
The City of Delray Beach may award,or may have awarded other contracts for additional
work,and the Contractor shall cooperate fully with such other Contractors,by scheduling
his/her own work with that to be performed under other Contracts as may be directly by
the City of Delray Beach.The Contractor shall not commit or permit any act which will
interfere with the performance of work by any other Contractor as scheduled.
105.FITTING AND COORDINATION OF WORK
a.The Contractor shall be responsible for the proper fitting of all work and for the
coordination of the operations of all trades,subcontractor or material men engaged upon
this Contract.He shall be prepared to guarantee to each of his subcontractors the
locations and measurements which they may require for the fitting of their work to all
surrounding work.
b.Pre-Construction Conference.At the awarding of the Contract and the issuance of the
"Notice to Proceed"order,a pre-construction conference will be held between the
Contractor and a representative of the Neighborhood Services Division,and any other
persons designated by the City of Delray Beach to have a material interest in the work.
The time and place of this conference will be set by the Neighborhood Services Division.
The Contractor shall bring with him to this conference a copy of his proposed work
progress schedule for the job.
c.Notice to Proceed.For Contracts bearing a specified number of calendar days to
complete,as stated in the bid form,effective date for starting the work shall be so stated
in writing by the "Notice to Proceed"issued by the Neighborhood Services Division.The
effective date of the beginning of work stipulated in the "Notice to Proceed"shall be set at
a date no later than ten (10)calendar days after the date of execution of the Contract
Documents,unless otherwise mutually agreed by the Contractor and the Neighborhood
Services Division.
5
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City of Delray Beach
106.MUTUAL RESPONSIBILITY OF CONTRACTORS
If,through acts of neglect on the part of the Contractor,any other Contractor or any
subcontractor shall suffer loss or damage on the work,the Contractor shall settle with
such other Contractor or subcontractor.If such other Contractor or subcontractor shall
assert any claim against the City of Delray Beach on account of any damage alleged to
have been so sustained,the City of Delray Beach will notify this Contractor who shall
defend at his own expense any suit based upon such claim and,if any judgment or claims
against the City of Delray Beach shall be allowed,the Contractor shall pay or satisfy such
judgment or claims and pay all costs and expenses in connection therewith.
107.PAYMENTS TO CONTRACTOR
Payments shall be made on a job completion basis after approved final inspection of the
work and loan closing except as follows:
Partial payments of up to 75%of the contract amount with a 10%retention of each draw
at the listed percentage work completion of the contract to include only that part of the
work completed in accordance with the plans and specifications,may be authorized at the
discretion of the Neighborhood Services Division Office,where the contract amount for an
individual project exceeds $7,000.
All material and labor used in basing percentage of work completed must be in place and
no payment shall be made for stored material.It is agreed that time is of the essence
under this Contract,and in the event that the Contractor shall fail in the full performance of
the entire work within the specified time limit,said Contractor shall be liable under the
Contract for liquidated damages,a sum of Fifty Dollars ($50.00)per each consecutive day
the Contract remains incomplete beyond the said time limit.The Contractor shall be
responsible for all motel and furniture storage bills that are incurred by the Owner during
relocation when the time limit is exceeded for completion.In the event of such default by
the Contractor,The City of Delray Beach's Neighborhood Services Division shall exercise
the right to hold back this sum from compensation otherwise paid to the Contractor for the
expressed and sole purpose of authorizing the Neighborhood Services Division to transfer
this sum to the appropriate Neighborhood Services Account in order to help defray the
necessary increased costs expensed under the Program as a result of inexcusable delays
caused by the Contractor.Excusable delays are outlined in General Conditions.
108.CHANGES IN THE WORK
a.The Neighborhood Services Division may make changes in the scope of the work
required to be performed by the Contractor under the Contract of making the Contract,
and without relieving or releasing the Contractor from any of his/her obligations under the
Contract or any guarantee given by him pursuant to the Contract provisions.All such work
shall be executed under the terms of the original Contract unless it is expressly provided
otherwise.
b.Except for the purpose of affording protection against any emergency endangering health,
life,limb or property,the Contractor shall make no change in the materials used or in the
specified manner of constructing and/or installing the improvements or supply additional
labor,services or materials beyond that actually required for the execution of the Contract,
unless in pursuance of a written order from the Neighborhood Services Division
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authorizing the Contractor to proceed with the change.No claim for an adjustment of the
Contract Price will be valid unless so ordered.
c.If applicable unit prices are contained in the Agreement (established as a result of either a
unit price bid or a Supplemental Schedule of Unit Prices),the Neighborhood Services
Division may order the Contractor to proceed with desired united prices specified in the
Contract;provided that in case of a unit price contract the net value of all changes does
not increase or decrease the original total amount shown in the Agreement by more than
twenty-five percent (25%)in accordance with the Section entitled Unit Prices,under
INSTRUCTIONS TO BIDDERS.
d.If applicable unit prices are NOT contained in the Agreement or if the total net change
increases or decreases the total Contract Price more than twenty-five percent (25%),the
Neighborhood Services Division shall,before ordering the Contractor to proceed with
desired changes,request an itemized proposal from him covering the work involved in the
change after which the procedure shall be as follows:
(1)If the proposal is acceptable,The Neighborhood Services Division will prepare the
change order in accordance therewith for acceptance by the Contractor and
(2)If the proposal is not acceptable and prompt agreement between the two parties
cannot be reached,the Neighborhood Services Division may order the Contractor to
proceed with the work on a cost-plus limited basis.A cost-plus limited basis is
defined as the net cost of the Contractor's labor,materials and insurance plus fifteen
percent (15%)of said net cost to cover overhead and profit,the total cost not to
exceed a specified limit.
e.Each change order shall include in its final form:
(1)A detailed description of the change in the work,
(2)The Contractor's proposal (if any)or a conformed thereof,
(3)A definite statement as to the resulting change in the contract price and/or
time,and
(4)The statement that all work involved in the change shall be performed in
accordance with contract requirements except as modified by the change
order.
109.CLAIMS FOR EXTRA COST
a.If the Contractor claims that any instructions by Drawings or otherwise,involve extra cost
or extension of time,he/she shall within ten (10)days after the receipt of such instructions
and in any event before proceeding to execute the work,submit his/her protest thereto in
writing to the Neighborhood Services Division,stating clearly and in detail the basis of
his/her objections.No such claims will be considered unless so made.
b.Any discrepancies which may be discovered between actual conditions and those
represented by the Drawings and Maps shall at once be reported to the Neighborhood
Services Division and work shall not proceed except at the Contractor's risk,until written
instructions have been received by him/her from the Neighborhood Services Division.
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c.If,on the basis of the available evidence,the Neighborhood Services Division determines
that an adjustment of the Contract Price and/or time is justifiable,the procedure shall be
as provided in Section 108 thereof.
110.TERMINATION OF DELAYS
In the event that any of the provisions of this contract are violated by the Contractor,or by
any of his/her subcontractors,the Owner,with the approval of the City of Delray Beach's
Neighborhood Services Division,may serve written notice upon the Contractor of his/her
intention to terminate the contract and said notices will contain the reasons for such
intention to terminate the contract.The contract shall,upon the expiration of a ten (10)
day period,cease and terminate,unless within said ten (10)day period after serving of
notice upon the Contractor,such violation or delay shall cease and satisfactory
arrangements for correction be made.In the event of any such termination,the Owner
may,for the purpose of completing the work,take over the work by entering into a
subsequent contract.In this event,the Contractor shall be liable to the Owner,as
represented by the Neighborhood Services Division,for any costs in excess of the
contract amount stipulated herein or as amended by subsequent change orders,which
are incurred in the completion of the defaulted work.The Contractor agrees to relieve this
liability by providing an amount equal to the excess costs incurred.Payment shall be
made to the City of Delray Beach for the expressed and sole purpose of depositing this
amount in the appropriate Neighborhood Services Account as a reimbursement to the
Program.
The right of the Contractor to proceed shall not be terminated nor shall the Contractor be
charged with liquidated damages for any excusable delays due to the following:
1.Acts of the Government restricting labor,equipment or materials by reason of national
emergency.
2.Acts on the part of the Owner or the Neighborhood Services Division.
3.Causes beyond the control and without the fault or negligence of the Contractor including
but not restricted to the following:Acts of God,acts of the public enemy,acts of the
Government in either its sovereign or contractual capacity,fires,floods,epidemics,
quarantine restrictions,strikes and unusually severe weather.(This does not include stop
work orders for code violations.)
It shall be the responsibility of the Contractor to notify the City of Delray Beach's
Neighborhood Services Division in writing of any such delay within ten (10)consecutive
days.Upon receipt of such notification the Neighborhood Services Division will evaluate
the cause and extent of delay.If upon the basis of the facts and the terms of this
agreement,the delay is found properly excusable,the City of Delray Beach's
Neighborhood Services Division shall extend the time for project completion for a period
of time commensurate with the period of the excusable delay.In the event of Contract
termination,the provisions of this Contract pertaining to:Conflict of Interest,
Governmental Audit;and Record Retention shall remain in full force and effect until such
time as the provision regarding record retention has elapsed.
111.ASSIGNMENT OR NOVATION
The Contractor shall not assign or transfer,whether by an assignment or novation,any of
its rights,duties,benefits,obligations,liabilities,or responsibilities under this Contract
without the written consent of the Neighborhood Services Division,provided,however,
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that assignments to banks,trust companies,or other financial institutions may be made
without the consent of the Neighborhood Services Division.No assignment or novation of
this Contract shall be valid unless the assignment or novation expressly provides that the
assignment of any of the Contractor's rights or benefits under the Contract is subject to a
prior lien for labor performed services rendered materials,tools and equipment supplied
for the performance of the work under this Contract in favor of all persons,firms or
corporations rendering such labor or services or supplying such materials,tools or
equipment.
112.DISPUTES
a.All disputes arising under this Contract or its interpretation except those disputes covered
by FEDERAL LABOR-STANDARDS PROVISION under GENERAL CONDITIONS,PART
II,whether involving law or fact or both,or extra work and all claims for alleged breach of
Contract shall within ten (10)days of commencement of the dispute be presented by the
Contractor to the Neighborhood Services Division for decision.All papers pertaining to
claims shall be filed in quadruplicate.Such notice need not detail the amount of the claim
but shall state the facts surrounding the claim in sufficient detail to identify the claim,
together with its character and scope.In the meantime,the Contractor shall proceed with
the work as directed.Any claim not presented within the time limit specified in this
paragraph shall be deemed to have been waived,except that if the claim is of a
continuing character and notice of the claim is not given within ten (10)days of its
commencement,the claim will be considered only for a period commencing ten (10)days
prior to the receipt by the Neighborhood Services Division of notice thereof.
If the Contractor does not agree with any decision by the Neighborhood Services Division,he shall
in no case allow the dispute to delay the work but shall notify the Neighborhood Services Division
promptly that he is proceeding with the work under protest and he may then exempt the matter in
question from the final release.
113.TECHNICAL SPECIFICATIONS AND DRAWINGS
Anything mentioned in the Technical Specifications and not shown in the write-up or shown in the
write-up and not mentioned in the Technical Specifications,shall be of like effect as if shown on or
mentioned in both.In case of difference between write-up and technical specifications,the write-
up shall govern.In case of any discrepancy in write-up or technical specifications,the matter shall
be immediately submitted to the Neighborhood Services Division,without whose decision said
discrepancy shall not be adjusted by the Contractor,save only at his own risk and expense.
114.SHOP DRAWINGS
a.All required shop drawings,machinery details,layout drawings,etc.,shall be submitted to
the Neighborhood Services Division in duplicate for approval sufficiently in advance of
requirements to afford ample time for checking,including time for correcting,resubmitting
and rechecking,if necessary.The contractor may proceed,only at his own risk,with
manufacture or installation of any equipment or work covered by said shop drawings,etc ,
until they are approved and no claim,by the Contractor,for extension of the Contract time
will be granted by reason of his failure in this respect.
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b.Any drawings submitted without the Contractor's stamp of approval will not be considered
and will be returned to him/her for proper resubmission.If any drawings show variations
from the requirements of the Contract because of standard shop practice or other reason,
the Contractor shall make specific mention of such variation in his/her letter of transmittal
in order that,if acceptable,suitable action may be taken for proper adjustment of Contract
price and/or time otherwise the Contractor will not be relieved of the responsibility for
executing the work in accordance with the Contract even though the drawings have been
approved.
c.If a shop drawing is in accord with the Contract or involves only a minor adjustment in the
interest of the City of Delray Beach not involving a change in Contract price or time,the
Neighborhood Services Division may approve the drawing.The approval shall be
general,shall not relieve the Contractor from his responsibility for adherence to the
Contract or for any error in the drawing and shall contain in substance the following:
The modification shown on the attached drawing is approved in the interest of the City of Delray
Beach and the Neighborhood Services Division to effect an improvement for the Project and is
ordered with the understanding that it does not involve any change in the Contract Price or time;
that it is subject generally to all Contract stipulation and covenants;and that it is without prejudice
to any and all rights of the City of Delray Beach under the Contract
115.REQUESTS FOR SUPPLEMENTARY INFORMATION
It shall be the responsibility of the Contractor to make timely requests of the Neighborhood
Services Division for any additional information not already in his possession which should be
furnished by the Neighborhood Services Division under the terms of this Contract and which
he/she will be required in the planning and execution of the work.Such requests may be submitted
from time to time as the need is approached,but each shall be filed in amply time to permit
appropriate action to be taken by all parties involved so as to avoid delay.Each request shall be in
writing and list the various items and the latest date by which each will be required by the
Contractor.The first shall be submitted within two weeks after Contract award and shall be as
complete as possible at that time.The Contractor shall,if requested,furnish promptly any
assistance and information the Neighborhood Services Division may require in responding to these
requests of the Contractor.The Contractor shall be fully responsible for any delay in his/her work
or to others arising from his/her failure to comply fully with the provisions of this Section.
116.MATERIALS AND WORKMANSHIP
a.Unless otherwise specifically provided for in the Technical Specifications,all
workmanship,equipment,materials,and articles incorporated in the work shall be new
and the best grade of the respective kinds for the purpose.Where equipment,materials,
articles,or workmanship are referred to in the Technical Specifications as "equal to"any
particular standard,the Neighborhood Services Division shall decide the question of
equality.
b.The Contractor shall furnish to the Neighborhood Services Division for approval the
manufacturer's detailed specifications for all machinery,mechanical and other special
equipment,as to type,performance characteristics,and all other pertinent information as
required and shall likewise submit for approval as required full information concerning all
other materials or articles which he proposes to incorporate the work.(See Section 117
thereof.)
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c.Machinery,mechanical and other equipment,materials,and articles installed or used
without such prior approval shall be at the risk of subsequent rejection.
d.Materials specified by reference to the number or symbol of a specific standard such as
an A.S.T.M.Standard,a Federal Specification or other similar standard,shall comply with
requirements in the latest revision thereof and any amendment or supplement thereto in
effect on the date of the Invitation to Bid,except as limited to type,class or grade or
modified in such reference.The standards referred to,except as modified in the Technical
Specifications,shall have full force and effect as though printed therein.
e.The City of Delray Beach may require the Contractor to dismiss from the work such
employee or employees as the City of Delray Beach or the Neighborhood Services
Division may deem incompetent or careless or insubordinate.
117.SAMPLES,CERTIFICATES AND TESTS
a.The Contractor shall submit all material or equipment samples,certificates,affidavits,etc ,
as called for in the Contract documents or required by the Neighborhood Services
Division,promptly after award of the Contract.No such material or equipment shall be
manufactured or delivered to the site,except at the Contractor's own risk,until the
required samples of certificates have been approved in writing by the Neighborhood
Services Division.Any delay in the work caused by late or improper submission of
samples or certificates for approval shall not be considered just cause for an extension of
the Contract time.
b.Each sample submitted by the Contractor shall carry a label giving the name of the
Contractor,the project for which it is intended,and the name of the producer.The
accompanying certificate of letter from the Contractor shall state that the sample complies
with Contract requirements,shall give the name and brand of the product,its place of
origin,the name and address of the producer and all specifications or other detailed
information which will assist the Neighborhood Services Division in passing upon the
acceptability of the sample promptly.It shall also include the statement that all materials
or equipment furnished for use in the project will comply with the samples and/or certified
statements.
c.Approval of any materials shall be general only and shall not constitute a waiver of the
City of Delray Beach's right to demand full compliance with Contract requirements.After
actual deliveries,the Neighborhood Services Division will have such check tests made as
it deems necessary in each instance and may reject materials and equipment or
accessories which for cause,even though such materials and articles have been given
general approval.If materials,equipment,or accessories which fail to meet check tests
have been incorporated in the work,the Neighborhood Services Division will have the
right to cause their removal and replacement by proper materials or to demand and
secure such reparation by the Contractor as is equitable.
d.Except as otherwise specifically stated in the Contract,the cost of sampling and testing
will be divided as follows:
(1)The Contractor shall furnish without extra cost,including packing and delivery
charges,all samples required for testing purposes,except those samples taken on
the project by the Neighborhood Services Division.
(2)The Contractor shall assume all costs of retesting materials which fail to meet
contract requirements.
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(3)The Contractor shall assume all costs of testing materials offered in substitution for
those found deficient.
(4)The City of Delray Beach will pay all other expenses.
118.PERMITS AND CODES
a.The Contractor shall give all notices required by and comply with all applicable laws,
ordinances,and codes of the Local Government.All construction work and/or utility
installations shall comply with all applicable ordinances and codes including all written
waivers.Before installing any work,the Contractor shall examine the Drawings,Bid
Proposal Work Write-up,and Technical Specifications for compliance with applicable
ordinances and codes and shall immediately report any discrepancies to the
Neighborhood Services Division.Where the requirements of the Drawings,Bid Proposal
Work Write-Up and Technical Specifications fail to comply with such applicable
ordinances or codes,the Neighborhood Services Division will adjust the Contract by
Change Order to conform to such ordinances or codes (unless waivers in writing covering
the difference have been granted by the governing body or department)and make
appropriate adjustment in the Contract Price or stipulated unit prices.
Should the Contractor fail to observe the foregoing provisions and proceed with the
construction and/or install any utility at variance with any applicable ordinance or code,
including any written waivers (notwithstanding the fact that such installations is in
compliance with the Drawings,Bid Proposal Work Write-Up and Technical Specifications),
the Contractor shall remove such work without cost to the City of Delray Beach but a
Change Order will be issued to cover only the excess cost the Contractor would have
been entitled to receive,if the change had been made before the Contractor commenced
work on the items involved.
b.The Contractor shall at his/her expense,secure and pay to the appropriate department of
the Local Government the fees or charges for all permits for street paving,sidewalks,
sheds,removal of abandoned water taps,sealing of house connection drains,pavements
costs,buildings,electrical,plumbing,water,gas and sever permits required by the local
regulatory body of any of its agencies.
c.The Contractor shall comply with applicable local laws and ordinances governing the
disposal of surplus,excavation material,debris,and rubbish on or off the Project Area and
commit not trespassing on any public or private property in any operation due to or
connected with the improvements embraced in this Contract.
119.CARE OF WORK
a.The Contractor shall be responsible for all damages to person or property that occur as a
result of this fault or negligence in connection with the prosecution of the work and shall
be responsible for the proper care and protection of all materials delivered and work
performed until completion and final acceptance,whether or not the same has been
covered in whole or in part by payments made by the City of Delray Beach.
b.In an emergency affecting the safety of life,limb,or property,including adjoining property,
the Contractor,without special instructions or authorization from the City of Delray Beach
and/or Neighborhood Services Division,is authorized to act at his/her discretion to
prevent such threatened loss or injury and he shall so act.He shall likewise act if
instructed to do so by the City of Delray Beach.Any compensation claimed by the
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Contractor on account of such emergency work will be determined by the local Public
Agency as provided in Section 109 thereof.
c.The Contractor shall avoid damage as a result of his/her operations to existing sidewalks,
streets,curbs,pavements,utilities (except those which are to be replaced or removed),
adjoining property,etc.,and he/she shall at his/her own expense completely repair any
damage there caused by his/her operations.
d.The Contractor shall store up,brace,underpin,secure,and protect as may be necessary,
all foundations and other parts of existing structures adjacent to,adjoining,and in the
vicinity of the site,which may be in any way affected by the excavations of other
operations connected with the construction of the improvements embraced in this
Contract.The Contractor shall be responsible for the giving of any and all required
notices to any adjoining or adjacent property owner or other party before the
commencement of any work.The Contractor shall indemnify and save harmless the City
of Delray Beach from any damages on account of settlements or the loss of lateral
support of adjoining property and from all loss or expense and all damages for which the
City of Delray Beach may become liable in consequence of such injury or damage to
adjoining and adjacent structures and their premises.
120.ACCIDENT PREVENTION
a.No laborer or mechanic employed in the performance of this Contract shall be required to
work in surroundings or under working conditions which are unsanitary,hazardous,or
dangerous to his/her health or safety as determined under construction safety and health
standards promulgated by the Secretary of Labor.
b.The Contractor shall always exercise proper precaution for the protection of persons and
property and shall be responsible for all damages to persons or property,either on or off
the site,which occur as a result of his prosecution of the work.The safety provisions of
applicable laws and building and construction codes shall be observed,and the
Contractor shall take or cause to be taken such additional safety and health measures as
the City of Delray Beach may determine to be reasonably necessary.Machinery,
equipment,and all hazards shall be guarded in accordance with the safety provisions of
the "Manual of Accident Prevention in Construction"published by the Associated General
Contractors of America,Inc.to the extent that such provisions are not in conflict with
applicable laws.
c.The Contractor shall maintain an accurate record of all cases of death,occupational
disease,or injury requiring medical attention or causing loss of time from work,arising out
of and in the course of employment on work under the Contract.The Contractor shall
promptly furnish the City of Delray Beach with reports concerning these matters.
d.The Contractor shall indemnify and save harmless the City of Delray Beach from any
claims for damages,resulting from property damage,personal injury and/or death
suffered or alleged to have been suffered by any person as a result of any work
conducted under this Contract.
121.SANITARY FACILITIES
The Contractor shall furnish,install,and maintain ample sanitary facilities for the workers.As the
need arises,a sufficient number of enclosed temporary toilets shall be conveniently placed as
required by the sanitary codes of the State and Local Government.Drinking water shall be
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provided from an approved source,so piped or transported as to keep it safe and fresh and served
from single service containers or satisfactory types of sanitary drinking stands or fountains.All such
facilities and services shall be furnished in strict accordance with existing and governing health
regulations.
122.USE OF PREMISES
a.The Contractor shall confine his equipment,storage of materials,and construction
operations to the Contract Limits as shown on the Drawings and as prescribed by
ordinances or permits,or as may be desired by the Neighborhood Services Division and
shall not unreasonably encumber the site or public rights-of-way with his materials and
construction equipment.
b.The Contractor shall comply with all reasonable instructions of the City of Delray Beach
and all existing state and local regulations regarding signs,advertising,traffic,fires,
explosives,danger signals,and barricades.
123.REMOVAL OF DEBRIS,CLEANING,ETC.
The Contractor shall,periodically or as directed during the progress of the work,remove and
legally dispose of all surplus excavated material and debris,and keep the Project Area and public
rights-of-way reasonably clear.Upon completion of the work,he shall remove aii temporary
construction facilities debris and unused materials provided for the work and put the whole site of
the work and public rights-of-way in a neat and clean condition.Trash burning on the site of the
work is prohibited.
124.INSPECTION
a.All materials and workmanship shall be subject to inspection examination,or test by the
City of Delray Beach at any and all times during manufacture or construction and at any
and all placed where such manufacture or construction is carried on.The City of Delray
Beach shall have the right to reject defective material and workmanship or require its
correction.Unacceptable workmanship shall be satisfactorily corrected.Rejected material
shall be promptly segregated and removed from the Project Area and replaced with
material or specified quality without charge,therefore.If the Contractor fails to proceed at
once with the correction of rejected workmanship or defective material,the City of Delray
Beach may,by Contract or otherwise,have the defects remedied or rejected materials
removed from the Project Area and charge the cost of the same against any monies
which may be due the Contractor,without prejudice to any other rights or remedies of the
Neighborhood Services Division.
b.The Contractor shall furnish promptly all materials reasonably necessary for any tests
which may be required.(See Section 117 hereof.)All tests by the City of Delray Beach
will be performed in such a manner as not to delay the work unnecessarily and will be
made in accordance with the provisions of the Technical Specifications.
c.The Contractor shall notify the Neighborhood Services Division sufficiently in advance of
backfilling or concealing any facilities to permit proper inspection.If any facilities are
concealed without approval or consent of the Neighborhood Services Division,the
Contractor shall uncover for inspection and recover such facilities all at his own expense,
when so requested by the City of Delray Beach.
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d.Should it be considered necessary or advisable by the Neighborhood Services Division at
any time before final acceptance of the entire work to make an examination of work
already completed by uncovering same,the Contractor shall on request promptly furnish
all necessary facilities,labor,and material.If such work is found to be defective in any
important or essential respect,due to fault of the Contractor or his subcontractors,the
Contractor shall defray all the expenses of such examination and of satisfactory
reconstruction.If however,such work is found to meet the requirements of the Contract,
the actual cost of labor and material necessarily involved in the examination and
replacement,plus 15 percent of such costs to cover superintendence,general expenses
and profit shall be allowed the Contractor and he shall,in addition,if completion of the
work of the entire Contract has been delayed thereby be granted a suitable extension of
time on account of the additional work involved.
e.Inspection of materials and appurtenances to be incorporated in the improvements
embraced in this Contract may be made at the place of production,manufacture or
shipment,whenever the quantity justifies it,and such inspection and acceptance,unless
otherwise stated in the Technical Specifications,shall be final,except as regards (1)latent
defects,(2)departures from specific requirements of the Contract,(3)damage or loss in
transit,or (4)fraud or such gross mistakes as amount to fraud.Subject to the
requirements contained in the preceding sentence,the inspection of materials as a whole
or part will be made at the Project Site.
f.Neither inspection,testing,approval nor acceptance of the work in whole or in part,by the
City of Delray Beach or its agents shall relieve the Contractor or his/her sureties of full
responsibility for materials furnished or work performed not in strict accordance with the
Contract.
125.REVIEW BY THE CITY OF DELRAY BEACH
The City of Delray Beach,its authorized representatives and agents and the Representative for the
Secretary,shall,at all time,have access to and be permitted to observe and review all work,
materials,equipment,payrolls,personnel records,employment conditions,material invoices,and
other relevant data and records pertaining to this Contract,provided,however,that all instructions
and approval with respect to the work will be given to the Contractor by the City of Delray Beach
through its authorized representatives and agents.
126.DEDUCTION FOR UNCORRECTED WORK
If the Neighborhood Services Division deems it not expedient to require the Contractor to correct
work not done in accordance with the Contract Documents,an equitable deduction from the
Contract Price will be made by agreement between the Contractor and the City of Delray Beach
and subject to settlement,in case of dispute,as herein provided.
127.INSURANCE
The Contractor shall not commence work under this Contract until he/she has obtained all the
insurance required under this paragraph and such insurance has been approved by the City of
Delray Beach,nor shall the Contractor allow any subcontractor to commence work on his/her
subcontract until the insurance required of the subcontractor has been so obtained and approved.
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a.Compensation Insurance:The Contractor shall procure and shall maintain during the life
of this Contract Workmen's Compensation Insurance as required by applicable State or
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territorial law for all his employees to be engaged in work at the site of the project under
this Contract and,in case of any such work sublet,the Contractor shall require the
subcontractor similarly to provide Workmen's Compensation Insurance for all of the
latter's employees to be engaged in such work unless such employees are covered by the
protection afforded by the Contractor's Workmen's Compensation Insurance.In case any
class of employees engaged in hazardous work on the project under this Contract is not
protected under the Workmen's Compensation Statute,the Contractor shall provide and
shall cause each subcontractor to provide adequate employer's liability insurance for the
protection of such of his employees as are not otherwise protected.
b.Contractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance:The Contractor shall procure and shall maintain during the life of the Contract,
Contractor's Public Liability Insurance,Contractor's Property Damage Insurance and
Vehicle Liability Insurance in the amounts specified in the Special Conditions.
c.Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance The Contractor shall either (1)require each of his subcontractors to procure
and to maintain during the life of his/her subcontract,Subcontractor's Public Liability and
Property Damage Insurance and Vehicle Liability Insurance of the type and in the
amounts specified in the Special Conditions specified in subparagraph (b)thereof.
d.Scgpeg[Insurance and Special_Hazards.The Insurance required under subparagraphs
(b)and (c)hereof shall provide adequate protection for the Contractor and his
subcontractors,respectively against damage claims which may arise from operations
under this Contract,whether such operations be by the insured or by anyone directly or
indirectly employed by him/her and,also against any of the special hazards which may be
encountered in the performance of this Contract as enumerated in the Special Conditions.
e.Proof of Carriage of Insurance:The Contractor shall furnish the City of Delray Beach with
certificates showing the type,amount,class of operations covered,effective dates and
date of expiration of policies.Such certificates shall also contain substantially the
following statement:"The insurance covered by this certificate will not be cancelled or
materially altered,except after ten (10)days written notice has been received by the City
of Delray Beach."
128.PATENTS
The Contractor shall hold and save the City of Delray Beach,its agents,its officers,and employees
harmless from liability of any nature or kind,including costs and expenses,for,or on account of,
any patented or unpatented invention,process,article,or appliance manufactured in the
performance of the Contract,including its use by the City of Delray Beach,unless otherwise
specifically stipulated in the Technical Specifications
129.WARRANTY OF TITLE
No material,supplies,or equipment to be installed or furnished under this Contract shall be
purchased subject to any chattel mortgage or under a conditional sale,lease-purchase or in any
part thereof is retained by the seller or supplier.The Contractor shall warrant good title to all
materials,supplies and equipment installed or incorporated in the work and upon completion of all
work,shall deliver the same together with all improvements and appurtenances constructed or
placed thereon by him/her to the City of Delray Beach free from any claims,liens,or charges.
Neither the Contractor nor any person,firm or corporation furnishing any material or labor for any
work covered by this Contract shall have any right to a lien upon any improvement of appurtenance
16
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City of Delray Beach
thereon.Nothing contained in this paragraph,however,shall defeat or impair the right of persons
furnishing materials or labor to recover under any bond given by the Contractor for their protection
of any rights under any law permitting such persons to look to funds due the Contractor in the
hands of the City of Delray Beach.The provisions of this paragraph shall be inserted in all
subcontracts and materials contracts and notice of its provisions shall be given to all persons
furnishing materials for the work when no formal Contract is entered into for such materials.
130.GENERAL GUARANTY
Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of
the improvements embraced in this Contract by the City of Delray Beach of the public shall
constitute an acceptance or relieve the Contractor of liability in respect to any express warranties
or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any
defects in the work and pay for any damage to other work resulting there from which shall appear
within a period of twelve (12)months from the date of the final acceptance of the work.The City of
Delray Beach will give notice of defective materials and work with reasonable promptness.
131.COMPLIANCE WITH AIR AND WATER ACTS
In compliance with the Clean Air Act,as amended,42 US.C 1857 et.seq.The Federal Water
Pollution Control Act,as amended 33 USC 1251 et sea.and the regulations of the
Environmental Protection Agency with respect thereto,at 40 CFR Part,as amended from time to
time,the Contractor agrees that:
(1)No facility to be utilized in the performance of this Contract or any
subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to
40 CFR 15.2O
(2)He will comply with all requirements of Section 114 of the Clean Air Act,as amended,
(42 USC 1857c-8)and Section 308 of the Federal Water Pollution Control Act,as
amended,(33 USC 1251)relating to inspection,monitoring,entry,reports,and
information,as well as all other requirements specified in said Section 114 and Section
308,and all regulations and guidelines issued thereunder.
(3)He will promptly notify the Owner of any notification received from the Director,Office
of Federal Activities,EPA,indicating that a facility utilized or to be utilized for the Contract
is under consideration to be listed on the EPA List of Violating Facilities.
(4)He will include or cause to be included the provisions of paragraph (1)through (4)of
this section in every nonexempt subcontract and that he will take such action as the
Government may direct as a means of enforcing such provisions.
132.EQUAL EMPLOYMENT OPPORTUNITY
(1)If the Contract amount is $10,000 or less,the following shall apply:
During the Performance of.
Bid Q2024-021
4/26/2024 6:14 AM
a The Contractor will not discriminate against any employee or the applicant for
employment because of race,color,religion,sex or national origin.The Contractor will
take affirmative action to ensure that applicants are employed,and that employees are
treated during employment,without regard to their race,color,religion,sex,or national
origin.Such action shall include,but not be limited to,the following:employment,
17
p.106
City of Delray Beach
upgrading,demotion,or transfer;recruitment or recruitment advertising;lay-off or
termination;rates of pay or other forms of compensation;and selection for training;
including apprenticeship.The Contractor agrees to post in conspicuous places,available
to employees and applicants for employment,notices to be provided by the Owner setting
for the provision of this nondiscrimination clause.
b.The Contractor will,in all solicitations or advertisements for employees placed by or on
behalf of the Contractor,state that all qualified applicants will receive consideration for
employment without regard to race,color,religion,sex or national origin.
c.The Contractor will cause the foregoing provisions to be inserted in all subcontracts,for
any work covered by this Contract so that such provisions will be binding upon each
subcontractor provided that the foregoing provisions shall not apply to Contracts or
subcontracts for standard commercial supplies or raw materials.
(2)If the Contract amount exceeds $10,000,the following conditions shall apply:
During the performance of this Contract,the Contractor agrees as follows:
a.The Contractor will not discriminate against any employee or applicant for employment
because of race,color,religion,sex,or national origin.The Contractor will take
affirmative action to ensure that applicants are employed,and that employees are treated
during employment without regard to their race,color,religion,sex,or national origin.
Such action will include,but not be limited to the following:employment,upgrading,
demotion,or transfer;recruitment or recruitment advertising;lay-off or termination;rates
of pay or other forms of compensation;and selection for training;including apprenticeship.
The Contractor agrees to post in conspicuous places,available to employees and
applicants for employment,notices to be provided setting forth the provisions of this non-
discrimination clause.
b.The Contractor will,in all solicitations or advertisements for employees placed by or on
behalf of the Contractor,state that all qualified applicants will receive consideration for
employment without regard to race,color,religion,sex,or national origin.
c.The Contractor will send to each labor union or representative of workers with which he
had a collective bargaining agreement or other Contract or understanding,a notice to be
provided by the Contract Compliance Officer advising the said labor union or workers'
representatives of the Contractor's commitments under this section and shall post copies
of the notice in conspicuous places available to employees and applicants for
employment.
Bid Q2024-021
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d.
e.
t
The Contractor wi!I comply with all provisions of Executive Order 11246 of September 24,
1965,and of the rules,regulations,and relevant orders of the Secretary of Labor.
The Contractor will furnish all information and reports required by Executive Order 11246
of September 24,1965,and by rules,regulations,and orders of the Secretary of Labor,or
pursuant thereto,and will permit access to his/her books,records,and accounts by the
Department and Secretary of Labor for purposes or investigation to ascertain compliance
with such rules,regulations,and orders.
In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract or with any of the said rules,regulations,or orders,this Contractor may be
declared ineligible for further Government Contracts or Federally assisted construction
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City of Delray Beach
Contracts in accordance with procedures authorized in Executive Order 11246 of
September 24,1965,or by rule,regulation,or order of the Secretary of Labor,or as
otherwise provided by law.
g.The Contractor will include the portion of the sentence immediately preceding paragraph
(1)and the provisions of paragraphs (1)through (7)in every subcontract or purchase
order unless exempted by the rules,regulations,or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order 11246 of September 24,1965,so that
such provisions will be binding upon each subcontractor or vendor.the Contractor will
take such action with respect to any subcontract or purchase order as the Department
may direct as a means of enforcing such provisions,including sanctions for
noncompliance;provided,however,that in the event a Contractor becomes involved in,or
is threatened with,litigation with a subcontractor or vendor as a result of such direction by
the Department,the Contractor may request the United States to enter into such litigation
to Protect the interests of the United States.
(3)Non-Segregated Facilities
a.The Contractor certifies that he/she does not maintain or provide for his/her employees
any segregated facilities at any of his/her establishments,and that he/she does not permit
his/her employees any segregated facilities at any of his/her establishments,and that
he/she does not permit his/her employees to perform their services at any location,under
his/her control,where segregated facilities are maintained.The Contractor covenants that
he/she will not maintain or provide for his/her employees any segregated facilities at any
of his/her establishments,and that he/she will not permit his/her employees to perform
their services at any location,under his/her control,where segregated facilities are
maintained.As used in this paragraph,the term "segregated facilities"means any waiting
rooms,work areas,restrooms and washrooms,restaurants and other eating places,time
clocks,locker rooms and other storage or dressing areas,parking lots,drinking fountains,
recreation or entertainment areas,transportation,and housing facilities provided for
employees which are segregated by explicit directive or are in fact segregated on the
basis of race,creed,color,or national origin because of habit,local custom,or otherwise.
The Contractor agrees that prior to award of subcontracts exceeding $10,000 which are
not exempt from the provisions of the Equal Opportunity Clause,and that he will retain
such certifications in his files.
133.INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS
a.No Members of or delegate to the Congress of the United States and no Resident
Commissioner shall be admitted to any share or part of this Contract or to any benefit to
arise from same:Provided,that the foregoing provision of this Section shall not be
construed to extend to this Contract if made with a corporation for its general benefit.
b.No member,officer,or employee of the Grantee,or its designees or agents,no member
of the governing body of the locality in which the Project is located,and no other public
official of such locality or localities who exercises any functions or responsibilities in
connection with the Project during his/her tenure or for one year thereafter shall have any
interest,direct or indirect,in any Contract or Subcontract,or the proceeds thereof,for
work to be performed under this Contract.
The Contractor will include the provisions of paragraphs (a)and (b)in every Subcontract
so that such provisions will be binding upon each Subcontract.
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City of Delray Beach
134.SECTION 3 CLAUSE
a.The work to be performed under this Contract is on a Project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development Act of 1968,as amended,12 U.S.C.170Iu,Section 3 requires that to be the
greatest extent feasible opportunities for training and employment be given lower income
residents of the Project area and Contracts for work in connection with the Project be
awarded to business concerns which are located in,or owned in substantial part by
persons residing in the area of the project.
b.The parties to this Contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development
set forth is 24 CFR Part 75,and all applicable rules and orders of the Department issued
thereunder prior to the execution of this Contract.The parties to this Contract certify and
agree that they are under no contractual or other disability which would prevent them from
complying with these requirements.
c.The Contractor will send to each labor organization or representative of workers with
which he/she has a collective bargaining agreement or other Contract or understanding,if
any,a notice advising the said labor organization of workers'representative of his/her
commitments under this Section 3 Clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
d.The Contractor will include this Section 3 Clause in every subcontract for work in
connection with the project and will,at the direction of the applicant for or recipient of
Federal financial assistance,take appropriate action pursuant to the subcontract upon a
find that the subcontractor is in violation of regulations issued by the Secretary of Housing
and Urban Development,24 CFR Part 75.The Contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in violation
of regulations under 24 CFR Part 75 and will not let any subcontract unless the
subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these requirements.
e.Compliance with the provisions of Section 3,the regulations set forth in 24 CFR Part 75,
and all applicable rules and orders of the Department issued thereunder prior to the
execution of the Contract,shall be a condition of the Federal financial assistance provided
to the Project binding upon the applicant or recipient for such assistance,its successors,
and assigns.
Failure to fulfill these requirements shall subject the applicant or recipient,its Contractors
and subcontractors,its successor and assigns to those sanctions specified by the grant or
loan agreement or Contract through which Federal assistance is provided,and to such
sanctions as are specified by 24 CFR Part 75.
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City of Delray Beach
GENERAL CONDITIONS
PART II
201.FEDERAL LABOR-STANDARDS PROVISION
LEFT BLANK ON PURPOSE
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City of Delray Beach
SPECIAL CONDITIONS
401.PROJECT SITE
The Project Area or Areas consists of the following:
----See Bid Proposal Work Write-up Sheet----
402.TIME FOR COMPLETION
a.The work which the Contractor is required to perform under this Contract shall be
commenced at the time stipulated by the City of Delray Beach in the "Notice to Proceed"
to the Contractor and shall be fully completed within (60)consecutive calendar days
thereafter unless otherwise stated in the bid instructions.
403.COMPENSATION,BASIS FOR PAYMENT,AND LIQUIDATED DAMAGES
Payments shall be made on a job completion basis after approved final inspection of the
work and loan closing except as follows:
a.Partial payments of up to 75%of the contract amount with a 10%retention of each draw
at the listed percentage of work completion of the contract to include only that part of the
work completed in accordance with the plans and specifications,may be authorized at the
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City of Delray Beach
discretion of the Neighborhood Services Office,where the contract amount for an
individual project exceeds 7.,000.
b.All materials and labor used in basing percentage of work completed must be in place and
no payment shall be made for stored material.It is agreed that time is of the essence
under this Contract,and in the event that the Contractor shall fail in the full performance of
the entire work within the specified time limit,said Contractor shall be liable under the
Contract for liquidated damages,a sum of Fifty Dollars ($50.00)per each consecutive day
the Contract remains incomplete beyond the said time limit.The Contractor shall be
responsible for all motel and furniture storage bills that are incurred by the Owner during
relocation when the time limit is exceeded for completion.In the event of such default by
the Contractor,the City of Delray Beach's Neighborhood Services Division shall exercise
the right to hold back this sum from compensation otherwise paid to the Contractor,for
the expressed and sole purpose of authorizing the Neighborhood Services Block Grant
Account in order to help defray the necessary increased costs expensed under the
Program as a result of inexcusable delays caused by the Contractor.Excusable delays
are outlined in General Conditions.
404.SPECIAL HAZARDS
The Contractor's and his/her subcontractor's Public Liability and Property Damage Insurance shall
provide adequate protection against the following special hazards.
NONE
405.CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY,VEHICLE LIABILITY
AND PROPERTY DAMAGE INSURANCE
As required under Section 127 of the General Conditions,the Contractor's Public Liability
Insurance and Vehicle Liability Insurance shall be in an amount not less than $100,000 for injuries,
including accidental death,to any one person,and subject to same limit for each person,in an
amount not less than $300,000 on account of one accident,and Contractor's Property Damage
Insurance in an amount not less than $50,000.
The Contractor shall either (1)require each of his/her subcontractors to procure and to maintain
during the life of his/her subcontract,Subcontractor's Public Liability and Property Damage
Insurance of the type and in the same amounts as specified in the preceding paragraph,or (2)
insure the activities of his/her subcontractors in his/her own policy.
406.RESPONSIBILITIES OF CONTRACTOR
Except as otherwise specifically stated in the Contract Documents and Technical Specifications,
the Contractor shall provide and pay for all materials,labor,tools,equipment,water,light,heat,
power,transportation,superintendence,temporary construction of every nature charges,levies,
fee or other expenses and all other services and facilities of every nature whatsoever necessary for
the performance of the Contract and to deliver all Improvements embraced in this Contract
complete in every respect within the specified time.
407.COMMUNICATIONS
23
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City of Delray Beach
a.All notices,demands,requests,instructions,approvals,proposals and claims must be in
writing.
b.Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the
Office of the Contractor stated on the signature page of the Agreement (or at such other
office as the Contractor may from time to time designate in writing to the City of Delray
Beach),or if deposited in the United States mail in a sealed,postage-paid envelope,or
delivered by fax,in each case address to such office.
c.All papers required to be delivered to the Neighborhood Services Division shall,unless
otherwise specified in writing to the Contractor,be delivered to the Neighborhood
Services Division,City of Delray Beach,100 Northwest 1"Avenue,Delray Beach,Florida
33444,and any notice to demand upon the Neighborhood Services sufficiently given if so
delivered,or if deposited in the United States mail in a sealed,postage-prepaid envelope,
or by fax to said Agency at such address,or to such other representatives of the City of
Delray Beach may subsequently specified in writing to the Contractor for such purpose.
d.Any such notice shall be deemed to have been given as the time of actual delivery of (in
the case of mailing when the same should have been received in due course of post,or
by fax,at the time of actual receipt,as the case may be.)
e.This section does not apply to decision given pursuant to Section 112 (b)oi this Contract
408.JOB OFFICES
a.The Contractor and subcontractors may maintain adequate facilities on the project area
for a job office and storage facility as it is necessary for the proper conduct of the work,
but only with prior approval from the City of Delray Beach.
b.Upon completion of the Improvements,or as directed by the City of Delray Beach,the
Contractor shall remove all such temporary structures and facilities from the site,same to
become his/her property,and leave the site of the work in the condition required by the
Contract
409.PARTIAL USE OF SITE IMPROVEMENTS
The City of Delray Beach,at its election may give notice to the Contractor and place in use these
sections of the Improvements which have been completed,inspected and can be accepted as
complying with the Technical Specifications and if in its opinion,each such section is reasonably
safe,fit and convenient,for the use and accommodation for which it was intended,provided
a.The use of such sections of the Improvements shall in no way impede the completion of
the remainder of the work by the Contractor.
b.The Contractor shall not be responsible for any damage or maintenance costs due directly
to the use of such sections.
c.The use of such sections shall in no way relieve the Contractor of his/her liability due to
having used defective materials or to poor workmanship.
d.The period of guarantee stipulated in Section 130 hereof shall not begin to run until the
date of the final acceptance of all work which the Contractor is required to construct under
this Contract.
24
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City of Delray Beach
410.CONTRACT DOCUMENTS AND DRAWINGS
The City of Delray Beach will furnish the Contractor without charge as many copies of the Contract
Documents,including Technical Specifications and Drawings,as deemed necessary to carry out
the provisions of the Contract.
25
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City of Delray Beach
CONDITIONS OF PURCHASE
Bid 0 2024-021
I.ACCEPTANCE:This order is for the purchase of goods and/or services (herein referred to as "the Articles"described on the front side herein).The
Buyer's offer to the Seller and the Seller's acknowledgment to the Buyer shall constitute Seller's acceptance of such order including all of the terms and
conditions herein set out.In the absence of such acknowledgement,commencement of delivery of the Articles and/or services and acceptance of such
deliveries by Buyer shall constitute a firm contract on the terms and conditions hereof.This order is subject to the following terms and conditions
and no others unless there is a signed agreement between the parties providing otherwise.In the event of a conflict,Buyer's terms and conditions
prevail.
2.WARRANTY-PRODUCT:The Seller expressly warrants that the Articles shall be merchantable within the meaning of Articles 2-314 (2)of the Uniform
Commercial Code as provided by Florida Law and in effect on the date of this order.In addition to all warranties which may be prescribed by law the
Articles shall confonn to specifications,drawing,and description and shall be free from defects in materials and workmanship.Seller also warrants that
the extent the Articles are not manufactured pursuant to detailed designs fumished by Buyer,that they will be free from defects in design.Such
warranties,including warranties prescribed by law shall run to Buyer,its successor,assigns,and customers,and to users of the Articles for a period of
one (l)year after delivery unless otherwise stated.
3.INDEMNITY AND INSURANCE:(a)Seller shall defend,indemnify and hold Buyer,its employees,its customers and users of the purchased
Articles,hannless from any property damage,personal injuries,or death arising out of Seller's (or its subcontractor's)work or perfonnance hereunder
and shall procure and maintain liability insurance,including contractual liability coverage,with minimum limits of $300,000 combined single limits to
be effective during period of warranty with such higher limits as Buyer shall reasonably request of Seller.Seller shall on or before delivery of the
Articles purchased hereunder,furnish to Buyer a Certificate of Insurance evidencing the foregoing coverage and limits.(b)Seller shall defend,indemnify
and hold Buyer harmless from the assessments by any third party of any liquidated damages or proven actual damages arising out of the failure of
Seller to timely deliver the Articles purchased hereunder.(c)Seller shall defend,indemnify and hold harmless Buyer,its officers,directors,agents and
employees from and against any and all damages,charges,losses,(including the cost of any Articles lost by libel,condemnation,or voluntary recall)
actions,and proceedings brought by the United States of America,or any State government or any agency or instrumentality thereof against Buyer,its
officers,directors,agents and/or employees or assigns on such Articles by reason of any claim or findings by and said public authority that any such
Articles are not as herein guaranteed.
4.TERMINATION:(a)Buyer may terminate this order,in whole or in part without liability to Buyer,if deliveries are not made at the time and in the
quantities specified or in the event of a breach or failure of any of the other terms or conditions hereof (b)Buyer may terminate this order in whole or
in part,at any time for its convenience,by noticing to Seller in writing.On receipt by Seller of such notice,Seller shall,and to the extent specified
therein,stop work hereunder and stop the placement of subcontractors,terminate work under subcontracts outstanding hereunder,and take any
necessary action to protect property in Seller's possession in which Buyer has or may acquire an interest.Any termination claim must be submitted
to Buyer within sixty (60)days after the effective date of the termination.(c)Any termination by Buyer,whether for default or otherwise,shall be
without prejudice to any claims for damages or other rights of Buyer against Seller.(d)Buyer shall have the right to audit all elements of any
termination claim and Seller shall make available to Buyer on request all books,records,and papers relating thereto.
5.COMPLIANCE WITH LAWS:Seller guarantees to Buyer that the Articles comply with all federal,state,and local laws,regulations.declarations,
interpretations.and orders issued thereunder.
6.CONTROLLING LAW:This order and the performance of the parties hereunder shall be controlled and govemed by the law of the State of
Florida,and the venue shall be in Palm Beach County,Florida.
7.GENERAL:All warranties shall be construed as conditions as well as warranties.No waiver of a breach or any provision of this order shall
constitute a waiver of any other breach or provision.No modification or change in,or departure from,or waiver of the provisions of this order
shall be valid or binding unless approved by Buyer in writing.This order shall constitute the entire agreement between the parties.The Seller
expressly agreed that any terms or conditions contained on any form or agreement other than this agreement,unless specifically agreed to otherwise
by Seller and Buyer,which are not in full accord with the above stated agreement and its terms,shall be null and void.
8.ALLOCATION OF RISK:This risk for any damage to or destruction of the goods shall be bome by the Seller at all times until delivery to the
control of the Buyer,which shall be the point at which the Buyer actually receives the goods for use and has accepted such.
9.COURSE OF PERFORMANCE:The fact that a party may accept or acquiesce in a course of performance under this agreement does not affect the
meaning of this agreement even though the accepting/acquiescing party knows of the nature of the performance and has an opportunity to object to it.
(With respect to this course of performance provision.any time an individual attempts to perform under the contract in a manner which is not in accord
with the terms of the contract,the City must promptly object to the manner of performance.)
IO.PAST PRACTICES:The previous customs and practices of the parties hereto shall not be deemed a waiver or modification of the terms hereof.
II.REPAIRS -NON ACCEPTANCE:If any of the goods are delivered in a defective or non-working condition,efforts of the Buyer to correct such
defect shall not constitute an acceptance where commercially reasonable in extent and cost,so that the Buyer may still reject the goods where the
attempt to repair has proved unsuccessful.
I2.PLACE OF DELIVERY:The goods shall be delivered to the City of Delray Beach.Florida,at address as stated on front
I3.INSPECTION GOODS:The Buyer shall have the right to inspect all goods before accepting delivery or making payment therefore.If rejected,the
goods will be retumed at Seller's risk,and all handling and transportation expenses,both ways,will be borne by and assumed by Seller.When material
has been rejected by Buyer and returned for replacement it is essential that Seller receive new shipping instructions from Buyer before making the
replacement.Inspection and approval for acceptance shall be made by the appropriate user department.The expense of inspection shall be borne by the
Buyer except as to goods which are properly rejected as non-conforming.Inspection shall be made within fourteen (I+)calendar days of the delivery of
goods.
I4.NOTICE OF DEFECTS:It is expressly agreed that all claims for alleged damages or defective goods,shortage,or other cause shall be deemed
waived unless made in writing and sent by Buyer within twenty (20)calendar days after Buyer learns of the alleged defect,damage,shortage,or
other cause giving rise to the claim,provided.however,that any defects incapable of discovery shall not be deemed waived by the provisions herein.
and,provided further,that this provision shall not be deemed a waiver of any warranties set forth herein or in any modification to this agreement
I5.FITNESS FOR PARTICULAR PURPOSE:Buyer makes no warranties except as set forth herein,provided.however,that notwithstanding any
other provisions to the contrary herein,Buyer may have sought the expertise of Seller with respect to the fitness for a particular purpose of the
subject goods and in purchasing said goods,may have relied upon the representations of Seller as an expert with respect to the use of such goods In
that event,Seller hereby agrees that any document exhibiting a request by Buyer for goods for a particular purpose,a reliance by Buyer upon the
expertise of Seller with respect to the use of the goods,or any other similar such request or reliance shall constitute a modification to the terms of
this agreement which shall effect a warranty of fitness for a particular purpose.
I6.CONSEQUENTIAL DAMAGE:Seller acknowledges that Buyer has informed him that the goods are to be used by Buyer and that failure of Seller to
fulfill the terms of this contract may result in consequential damages to Buyer because of the intended use to be made of the goods to the Buyer.
I7.TAK EXEMPTION:The City of Delray Beach is exempt from Federal Excise Taxes.Where tax applies invoice must show gross.price,amount of
tax,net price.Exemption certificate will be signed upon request
2/24/17/Revision I
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City of Delray Beach
Question and Answers for Bid #Q2024-021 -Rock The Block 2024-238 SW 5th Ave
Overall Bid Questions
There are no questions associ ated with this bid.
4/26/2024 6:14 AM
B8id Q2024-021
p.116
Neighborhood Seraces Dis.or
City of Delray Beach
LOO NM 1 Ave.Delray 8each,FL.33444
Phone (561)243-7280 Fax (561)243-7221
CONTRACTOR QUOTE PROPOSAL
ROCK THE BLOCK 2024
City of Delray Beach Exhibit "B"
CASE NUMBER 00-000
QUOTE TOTAL:$12,500.00
02024-021
PROPERTV INFORMATION
Yvonne Williams
238SW 5th Avenue
Delray Beach,FI33444
PHONE (561/674-6196
CONTRACTOR INFORMATION
NAM:CJ Contracting.LLC
CONTACT PERSON.Carl Fleury
ADDRESS:11924 Forest HIII Blvd Ste 10A-267,Wellington.FL 33414
HONE
-MAIL
561-273-9985
Carl CJContracting@gmail com
QUOTE APPROVAL STATEMENT
The below owner signature hereby declares that the work write up has been reviewed by the applicant.Furthermore,the
owner understands the scope of to be performed en the owner's property.The apolicant understands that there wiil be
no changes to the work write up specifications except to meet housing and or building code requirements The owner is
authorizing the City of Delray each to obtain quotes for the work contained in the wnte up
Signed Date.2024
The below quoter's signature hereby declares he/she has received a copy of the Neighborhood Services Division's
Instructions to Bidders which includes General Conditions,Parts and II as Weil as Speciai Conditions y signing this
0r0po0sal,the oidder asserts he/she has made a full examination of the existing condition of the location of where the
scope of work on this project is to be performed.The quoter hereby also declares that in order to complete the fui!scope
of work he/she agrees to furnish,unless otherwise provided,all implements,machinery,equipment,transportation,tools
materials.supplies,labor and all other necessary items which are to be included in the quote amount submitted aoove
within the following time frame.
Quoter wili start permit process within three {3)davsof the date on the Notice to Proceed The notice establishes that the
work be completed within sxty (60}days from issuance of permit
he aucter understands that the rgnt rs reserved by the properv owner and the City of De!ray eacn,Neighborhood
Services Division to reject any and all quotes
Signed:_
4/26/2024
Date
BidSync
4/17/2024
p.6
Install Concrete Driveway /Walkway
City of Delray Beach
640 sf <12500 00.,.,--
02024-021
Remove esting driveway.existing concrete walkway and dispose of properly.Prode all sub grade fill required for
pp±cation of a concrete driveway.Provide all formg.pour,and finish 6"(mmn.)deep x 1?'width x 40'length and shall
ave thickened edges on all sides and shall cons1st of 300 p s.i.concrete Reinforce drveway concrete wth 66 I0 !0
are mesh and or Fiber Crete to building code of Delray Beach.
our new walkway from front porch door to the sidewalk.e w walkway to be 36 Inches wade_26'___yin_length
Prepare and pour new concrete connector from walkway to driygway 5"feet mn width_and17 feet m length next to front
porch."See sketel:"
Ali surveys.and plans needed by butiding department is the contractors responsibthtty Bi accordmgi
The thickened edge where the apron meets the street shall be 9"(Inches)thick and extend back 2 (feet)
The rest of the apron and dreway shall be 6"tanches)thick,this 1eludes the sidewalk
Concrete shall be 3000 P.SL with reintoreg fibers embedded tr the mu
NOFE:Include te pron and sidewalk area which shall be included mn thus scope of work
NOTE.Cut Sheet can be attained at the Delray Beach Buuid:ng Deparmnen:
4/26/2024 BidSync
Total:S 12,500 00
p.7
4/26/2024
}
City of Delray Beach
-----------------------
zt
BidSync
02024-021
p.8
CITY OF DELRAY BEACH
CITY ATTORNEY'S OFFICE
200 NW IT Avenue,Delray Beach,FL 33444
561-243-7090
LEGAL RE VIEW FORM
This form is to be used solely for the legal review of documents not including procurement agreements.
Procurement Agreements are reviewed under a separate cover.This form shall only be completed bya member of
the Gey Attorney's Office.
Date of Review:08/23/2024
Document Name:Resolution 186-24
Document Type:Resolution authorizing the issuance of a purchase order to CJ Contracting,LLC,pursuant to
Quick Quote Q2024-021,for exterior improvements to a residential building for a Curb Appeal recipient.
Submitted by:Ferline Mesidort
■This document is approved as to form and legal sufficiency.
D This document is approved as to form and legal sufficiency;however,the undersigned made the
following change(s):
D This document is not approved as to form and legal sufficiency for the following reason(s):
Notes:
s/William M.Bennett,Esq.
Assistant City Attorney
Copy to:
City Attorney's Office (with a copy of the approved document)
X Other:Ferline Mesidort and Ellen Delima