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HomeMy WebLinkAbout2002 Chilberg Construction Agreementcit of "AST HOME OF PELICAN ISLAND 1225 MAIN STREET - SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5330 - FAX (772) 589-5570 September 6, 2002 Mr. Steven J. Chilberg Chilberg Construction Company, Inc. 3375 20'` Street, Suite 130 Vero Beach, FL 32960 "NOTICE OF AWARD" Re: Veterans Memorial Dear Mr. Chilberg: At the Regular City Council Meeting held on Wednesday, August 28, 2002, members of the Sebastian City Council awarded Chilberg Constriction Company, Inc., Vero Beach, FL., the bid to construct a Veterans Memorial in the amount of $21,900.00. Enclosed for your signature, please find two (2) original copies of the Agreement between the City of Sebastian and Chilberg Construction Company, Inc., Vero beach, FL. Once you have signed the enclosed Agreements, and return one original, a "Notice to Proceed" will be issued. If you should need any additional information, please feel free to contact the office of General Services at 772-388-8203. Sincerely, Paul Wagne 7llt� General Services Administrator Enclosure "An Equal Opportunity Employer" Celebrating Our 75th Anniversary Sep -12. 2002 2:18PM Chilberg Construction Como w CHILBERG CONSTRUCTION, INC. 3375 200i STREET, SHITE 130 VERO BEACH FL. 32960 (772) 978-1707 FAX (772) 978-1709 MEMORANDUM No.1201 P. 1 TO: Mr, Jesus Vieiro Via Fax 591-0149 City of Sebastian - Purchasing FROM: Heather Walker DATE: September 11, 2002 PROJECT: Veteran's Memorial Per our conversation, we have been advised by the Building Department that it win be approximately one week before we receive the Building Permit for the above referenced project. Also, I understand that the City of Sebastian Is in the process of revising the plan. Of course, we would bice to receive the changes as soon as possible. Please don't hesitate to give me call with any questions. My cell number is 473-3024 if I am out of the office. GENERAT SERVICES ADMINISTRATOR fA D11J7SIOt OF 7TIE Or .ICE OF THE CITY \ 122-5 MAIN STREET - SEBASTIAN. FLORIDA 32958 TELEPHONE (772) 388 TF^(772-,S 11 _01-49 NOTICE TO PROCEED Construction of Veterans Memorial DATE: September 25, 2002 TO: Steven J. Chilberg, President Chilberg Construction Company, Inc. 337520th Street. Suite 130 Vero Beach, Florida 32960 You are hereby notified to commence work on Monday, September 30, 2002 as agreed per our phone conversation, pertaining to the signed Agreement dated September 19, 2002, in the amount of $21,900.00, entitled Construction of Veteran's Memorial Services A„ rq eement. The agreement warrants completion time of 30 consecutive calendar days from the commencement date stated herein. Therefore, your attention is called to the Liquidated Damages clause in the amount of $100.00 per day for each day the project completion date is late. The Project Manager is Jody Bricker, Supervisor. All substantial communication pertaining to this project should be directed to him. We look forward to working with you on this project. 12-aIL-em. Paul Wagner, eneral Services Administrator Cc: Terrence Moore Terry Hill David Fisher Jody Bricker r 'c r r, 0r�,rj CSI' lb ii .C,Iss1 ll.t'I C1 C0 M G a 2000 Edition - Electronic Format AIA Document G701- 200 .0 Change Order - PROJECT: (Mune and ad&=j) 1h®_Y aan's, Memorial 10 Veteran's Memorial Way Sebastian Florlda 32958 TO CONTRACTOR: (Nmtre acrd addmfs) Chiibe Construction Company, Inc. 3376t street, Suite 130 Vero +Beach, Florida„ 3,� 4 THE CONTRACT 15 CHANGED AS FOLLOWS: CHANCE ORDER NUMBER: 01 DATE:, September tet, 2002 ARCHITECT'S PROJECT NUMBER: CONTRACT DATE: September 2002 CONTRACT FOR: Now Constructlon (I,rc/ude, wham arpplicsble, aanyundisputed amount afttttvttalle io pxi ouslyewcL W ConstrucG'a t Clw gc &rWtivW % The original (Contract Silm) (Gtiffeateed i iffitbRtasn pliw-was s _21,900.00 The net change by previously authorized Change Orders s .444 The (Contract Sum) priox to this ....� Change Order K•as 21.9 The (Contract Sum) i<6uwaateed44-4 r,•.ri, ln..'* .. will be (increased) tgeil` by this Change Order in the amount of s The new ;Contract Sum) including this ___Change Order will be s - 23,.490,110 The Contract Tine will be (increased) (decregsed) (unchanged) by (} days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE; This Change Order does not include changes in the Contract Sum, Contract Time or Guarentadh4aAm1,ffl• a wyich have been authorized by Construction Change Directive for which the cost or time are in dispute as described in Subparagraph 7.3,8 of AIA Document Azoi, e American institute of Architei-ets. Ftepro uFlion of tFe Iffiale-riai herein or WSstantlal quota Ron of its provisions wl?hout written permission of the AIA violates the copyrlght laws of the United States and will subject the violator to legal p,-osecvtion. WARNING' unlicensed photocopying v1o!ates U.S. copyright laws and will subject the vlolator to legal prose;utlon. This document was' elactronlcally produced with permission of the AIA and can be reproduced :n accordance with your license without violation until the date of expiration as noted below. expiration as noted below. expiration as noted below. User Document: co#l,ala -- 9/25/2002. AIA License Number 1132201, which expires on 3/1/2003. OWNER J( ARCHITECT CONTRACTOR FIELD OTHER AUTHENDCATION OF Vis ELECTRONICALLY DRAFTED AIA WCU E/0T MAY BE MADE BY USU7 NIA DOCUMENT N01. 0 2000 AIA® AIA DOCUMENT G7011-2000 CHANGE ORDER 'Ihe American Institute of Arch'.tects 1735 New York Avenue, N.W. Washington, D.C. 20M6-5292 Sep.27. 2002210:27AMx 5$Chilberg Construction CompanvO xW �F�. '~. '30%2 s.25�Ei ChiitiEre Canwt,4ctlor COA;au? ARCH IT9CT e`? &MP) r jy, r .r/ I� 1�l iAw p �r of tra �rtirrnu wtthaut w��, p$rmtaaton 1�tA vrolafas the �� il�ivr�Qf thv un�red 5rtras�rtd win sab)w the Mlalwar to e�u pratian. WAANING: Vnllvmm p otrPOM VISaU v,S, S rt kt taws and will t�hial rho vta mer to leaf p�rot:M lan. 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AIA W46116 Number 1132M1, whlCh a pelntu on IJVIM- a Received Time SeP,27. 10:00AM No. 2031 P. 2 NO -Isis P. 12 19602 CONSTRUCTION OF VETERAN'S MEMORIAL SERVICES AGREEMENT THIS AGREEMENT made this Jq da oy f September, 2002, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and CHILBERG CONSTRUCTION COMPANY, 3375 20`h Street, Vero Beach, Florida, 32960, ("Contractor"), sets forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence and experience in general construction; and WHEREAS, the Contractor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contractor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE, AGREED as follows: 1. TERM. This Agreement shall commence on the day it is executed by both parties and the term of the Agreement shall extend until the Project is complete. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), the Bid Documents, Technical Specifications, Contractor's Bid Proposal with all related Documents and Drawings, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, and written modifications issued after execution of this Agreement, if any. (a) Intent. The Technical Specifications are an integrated part of the Contract Documents and as such will not stand alone if used independently. These documents establish minimum design standards of quality for this Project. They do not purport to cover any details entering into the design and construction of materials or equipment. The intent of the Agreement Documents is to set forth requirements of performance, type of equipment and structures, and standards of materials and construction. It is also intended to include all labor and materials, equipment, tools and 1 transportation necessary for the proper execution of the Work, to require new material and equipment unless otherwise indicated, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contractor shall be required only to the extent consistent with the Agreement Documents and reasonably inferable from them as being necessary to produce the intended results. (b) Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warranties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. (c) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. (d) ConstruingTerms. erms. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contractor and the Contractor hereby agrees to perform professional services for the City as required for the construction of a Veterans' Memorial, in accordance with the Agreement Documents for the project. 4. TECHNICAL SPECIFICATIONS AND RELATED DATA. The intent of the Technical Specifications, and other Agreement Documents is that the Contractor furnishes all labor and materials, equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the work described in the Contract Documents and all incidental work 2 considered necessary to complete the Work entirely ready for use, occupancy, or operation in a manner acceptable to the City. Any discrepancies found between the Contract Documents and site conditions, or any errors or omissions in the Contract Documents, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contractor. Any work done by the Contractor after his discovery of such discrepancies, errors or omissions shall be done at the Contractor's risk. Any correction or errors or omissions in the Contract Documents may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next paragraph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in the Contract Documents, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said work must be installed or done the same as if called for by the Contract Documents. All work and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in the Technical Specifications, shall be furnished and executed the same as if they were called for by the same. The Contractor will not be allowed to take advantage of any errors or omissions in the Technical Specifications. The City will provide full information when errors or omissions are discovered. 5. COMPENSATION. The City will pay the Contractor the LUMP SUM AMOUNT of $ 21,900.00 for performance of the Work hereunder. Payment shall be made for all Work completed by the Contractor during each calendar month which has been accepted by the City and has been properly documented. Payments shall not be made for Work deemed incomplete or deficient by the City. At the end of 3 each month, the Contractor shall submit an invoice with the supporting documentation of all work completed and accepted by the City for that month to the Finance Department and payment of the approved invoice amount less 10% retainage shall be made within thirty (30) days of receipt. Claims. Claims arising from changes or revisions made by the Contractor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contractor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extra compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contractor a method acceptable to the City for keeping strict account of actual cost, then the Contractor hereby waives its request for such extra compensation. The City is not obligated to pay the Contractor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until an appropriate agreement is executed by the parties. Such notice by the Contractor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim 6. RELEASES. When it is determined, as a result of a joint inspection of the Work by the Contractor and City that the Work has been completed in accordance with the terms of the Contract Documents, the completion of the Work shall be certified by the City. At that time, the Contractor may submit the Contractor's final request for payment. Prior to final payment, the Contractor shall execute and deliver to the City a Contractor's Affidavit and Release of Claim for all claims against the City arising under or by virtue of the work order. Also, from each supplier or subcontractor who has notified the City of his right to file a Claim (Notice to City) or who is listed in the Contractor's Affidavit and Release of Claim as an unpaid potential Claimant, a Claimant's Sworn Statement of Account, executed by the supplier or subcontractor, must be attached to each request for payment. 7. PROJECT SCHEDULES The Contractor shall perform the services outlined under Paragraph 3 of this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. Completion of the 4 Project shall be achieved within 30 calendar days of the Notice of Commencement. No extension of time shall be valid unless given in writing by the City. No monetary compensation shall be given for such delay. A delay beyond the Contractor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contractor shall immediately give written notice to the City of the cause of such delay. "Rain day" extensions shall be granted upon written request of the Contractor to the City when the City determines that weather conditions make it counterproductive to work on said days. "Rain day" requests must be submitted at the end of each work week or be waived, and the cumulative "rain day" extensions granted shall be processed as a Change Order with each pay submittal. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Contractor or the City shall become aware of any condition that may be cause for suspension of the Work, they shall immediately advise the concerned parties of such condition. The Contractor shall not suspend operations under the provisions of this Paragraph without the City's permission. In the event that the City suspends the Work, the Contractor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except that the Contractor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contractor. 8. TERMINATION OF CONTRACT WITHOUT CAUSE. This Agreement may be terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contractor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis and any work done by the Contractor shall remain the property of the City. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done shall be subject to the construction review of the City. Any and all technical questions which may arise as to the quality and acceptability of materials furnished, work s performed, or work to be performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the Project Manager who will resolve such questions. All materials and each part or detail of the Work shall be subject at all times to construction review by the City. Such construction review may include mill, plant, or shop inspection, and any material furnished under the Technical Specifications is subject to such inspection. The City shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed review. The City shall not be responsible for the acts or omissions of the Contractor. 10. CONTRACTOR' S DUTY. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contract, unless the Contract Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. Unless otherwise provided in the Contract Documents, Contractor shall pay all sales, use and other similar taxes. Contractor shall hold and maintain at all times during the term of this Contract all required federal, state and local licenses necessary to perform the Work required under the Contract Documents. 11. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub -Contractors required for services which are necessary to complete the Work as described in this Agreement. All services under this Agreement shall be performed by the Contractor or sub -Contractor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under 6 federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any worker, including supervisors, employed by the Contractor or subcontractors who, in the opinion of the City does not perform work under this Agreement in a skillfal manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontractor or persons employed by subcontractors. 12. PROTECTION OF PERSONS AND PROPERTY. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contract requires that the Contractor and any and all subcontractors hired by the Contractor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contractor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contractor or any and all subcontractors. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the work materials and equipment to be incorporated therein, whether in storage on or off the project site, under the care, custody or control of the Contractor or any of his subcontractors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, the 7 Contractor shall notify the City of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. The Contractor shall be held fully responsible for such safety and protection until final written acceptance of the Work. 13. CONTRACTOR'S RESPONSIBILITY FOR WORK. Until acceptance of the Work by the City, it shall be under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any cause, other than the sole and active negligence of the City, before its completion and acceptance. Materials and equipment shall be stored so as to incur the preservation of their quality and fitness for the Work. When considered necessary, they shall be placed on wooden platforms or other hard clean surfaces, and not on the ground, and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. 14. CLEANING UP. The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. At the completion of the Work, he shall remove all his rubbish, tools, scaffolding and surplus materials and shall leave his work "broom clean" or its equivalent, unless more exactly specified, and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. At no additional expense to the City, the Contractor will restore to their original conditions or better, as nearly as practicable, those portions of the site not designated for alteration and all such property, structure, utilities, landscaping, etc., disturbed or damaged during the prosecution of the Work. Final payment will be withheld until such clean up and repairs are completed The Work will be considered complete only after all debris and unused material due to or connected with the Work have been removed and the surrounding area left in a condition satisfactory to the City. In the event the City finds that the Contractor has not complied in keeping the job site clean, the City may, after twenty-four (24) hours written 8 notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contractor. 15. SUBCONTRACTS AND ASSIGNABILITY. The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub -contracts or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City. Any subcontracts or outside associates or Contractors required by the Contractor in connection with services covered by this Agreement must be specifically approved by the City. 16. INDEMNIFICATION. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, hold harmless and defend the City of Sebastian, its officers agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, officials representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, subcontractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform contractor's obligations pursuant to this contract. 17. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 18. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor to any person for influencing or attempting to influence any 9 officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contractor to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 19. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contractor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this Agreement. Any work where the Contractor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administrative proceeding will constitute a conflict of interest under this Agreement. 20. COMPLIANCE WITH LAW. The Contractor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contractor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 21. WAIVER. The waiver by the City of any of the Contractor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 10 22. PUBLIC ENTITY CRIME The Contractor shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defined in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July 1, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 23. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 24. DRUG-FREE WORKPLACE. The contract documents also consist of the "Drug -Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 25. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 26. LIQUIDATED DAMAGES. If the Contractor fails to perform the Work in accordance with the Agreement, the City shall hold all the payments requested for deficient Work. The City will not pay the Contractor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with its own resources or hire a third party to perform work that was neglected or done poorly by the primary Contractor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contractor also acknowledges the difficulties 11 involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contractor, the City may impose liquidated damages for deficiencies and delays (but not as penalty) of one hundred dollars ($100.00) per day for each calendar day exceeding the number of days indicated by Clause 7, PROJECT SCHEDULE of this Agreement (including extensions approved by written change orders). This amount represents an estimate of the City's damages for aesthetic and efficiency loss to its citizens and administrative costs associated with the deficiencies and delays. 27. BOND. None required for the projects under this Agreement. 28. CONSTRUING PROVISIONS. This Agreement shall not be construed against the party who drafted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. In any conflict between the Technical Specifications, and the general terms of this Agreement, the provisions of the latter shall prevail. 29. INSURANCE. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contractor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contractor shall purchase Commercial General Liability insurance with a combined single limit of at least $19000,000. (c) Commercial Auto Liability - Contractor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contractor shall maintain such insurance as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contractor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is 12 the full responsibility of the contractor to insure that all sub -contractors have full insurance coverage as stated above. The Contractor shall not commence the Work under this contract until he has obtained all the insurance required under this paragraph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all insurance required has been so obtained and approved by the City. The Contractor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontractor performing work under this Contract, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontractor or by any one directly or indirectly employed by either of them. The Contractor shall famish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contract. 30. GUARANTEE. The Contractor shall warrant all equipment furnished and work performed by him for a period of one (1) year from the date of final written acceptance of the Work by City. All equipment and material warranties or guarantees shall be drawn in favor of the City and the originals thereof furnished to the City for review and acceptance prior to final payment. Such guarantee shall in no way limit or relieve the Contractor of liability from subsequent claims of beach of contract due to substandard materials or workmanship, nor shall such warranty period shorten the statute of limitations for bringing a breach of contract or other action based upon any such deficiencies. Any materials, equipment or work which do not satisfactorily meet the Technical Specifications, Contract Documents may be condemned by the City by giving a written notice to the Contractor. All condemned materials, equipment or work shall be promptly taken out and replaced. Any defective work whether the result of poor workmanship, use of defective materials, damaged through carelessness or from other cause shall be removed within ten (10) days after written notice is given by the City, and the work shall be re -executed by the Contractor. The fact that the City may have previously overlooked 13 such defective work shall not constitute an acceptance of any part of it. Should the Contractor fail to remove rejected work or materials within ten (10) days after written notice to do so, the City may remove them and may store the materials and equipment. The making of the final payment by the City to the Contractor shall not relieve the Contractor of responsibility for faulty materials or workmanship. The City shall promptly give notice of faulty materials and workmanship and the Contractor shall promptly replace any such defects discovered within one (1) year from the date of final written acceptance of the Work by the City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written. ATTEST (SEAL): (I ol - Sally A. M o, CMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich 9tringer, City Atty Signed, sealed and delivered in the presence of: Name: �. l�+n�7�2W t • eoug: Name: �L �-• iC.w. /SGl THE CITY OF SEBASTIAN Terrence oore, City LAM�er 14 CITY OF SEBASTIAN - BID PROPOSALS CONSTRUCTION of VETERANS' MEMORIAL — JULY 2002 BID PROPOSAL PRICE FORM The undersigned having become thoroughly familiar with all of the Bidding Documents incorporated herein, the project site and the location conditions, and time schedule affecting the work, hereby proposes to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and furnish all the supervision, labor, materials, tools and equipment necessary to provide the services meeting or exceeding the specifications as set forth herein for the price(s) quoted below. The price(s) quoted is(are) inclusive of any Addenda which may be issued. By the signature below, the Contractor agrees that this Bid Proposal is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a bid for the same purpose and that the bid is in all respects fair and without collusion or fraud. If awarded any work under this bid proposal, the Contractor agrees to enter into said agreement within ten (10) consecutive calendar days notice by the City, and agrees to all the terms and conditions of all documents stated herein with the City of Sebastian for the below stipulated price which shall remain firm for sixty (60) days following bid opening date. A. CONSTRUCTION OF VETERANS' MEMORIAL........ $ 21, 900.00 B. RESTROOMS REPAIRS ........................................$ 24,430.00 C. LUMP SUM PRICE FOR ALL THE WORK (A& B).....$ 45,400.00 DEPENDING ON AVAILIBILITY OF FUNDS AND WHETHER IT IS OR NOT IN THE BEST INTEREST OF THE CITY, AWARD SHALL BE MADE FOR ONE OF THE FOLLOWING OPTIONS: 1. One Award — Lowest Lump Sum Price for all the work (A & B) or b) Two Awards: a) Lowest price for the construction of Veterans' Memorial, and b) Lowest price for Restrooms Repairs SUBMIT WITH Y BID PRO ATTACHED CONSTRUCTION MILESTONES AND PRICE BREAKDOWN FORM FILLED OUT. NOTE: CONT CTOR W TAL CONTRACT COMPLETION TIME SHALL NOT EXCEED 45 CONSECUTIVE CALENDAR DAYS. Chilberg Construction Company, Inc. Firm Name & Address 3375 20th Street, Suite 130 Vero Beach, Florida 32960 Steven J. CHilberg Printed Name President Title 772-978-1707 Phone Number Date Signed 08/19/02 DRUG-FREE WORKPLACE FORM The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies that Chilbere Const. Co., Inc. does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1. 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. Date: 08/19/02 Chilberg Constr�cti Com any, Inc. Contractor 16 PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contract, must execute the enclosed form PUR. 7069, sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 3 6 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into a contract (formal contract or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR DOTE OR BID. 17 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with the Construction of Veterans' Memorial and/or perform Restroom Repairs Projects Services Agreement for THE CITY OF SEBASTIAN. 2. This sworn statement s bmitt d.r Cl�tjberg Const. Co. , Inc.whose business address is 4375 Seac�h, �'��b� i cable) its Federal Employer Identification (FEIN) is SQ -1285772 3. My name is Steven J. Chilberg (please print name of individual signing) and my relationship to the e n e ove is President 4. I understand that a "public entity crime" as de i�in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management ofan affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been 18 convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.13 3 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term ( person includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been describe any action taken by or pending with Date: 08/19/0 19 "ed vendor list. (Please of General Services.) STATE OF FLORIDA COUNTY OF Indian River The foregoing instrument 2002 by Steven J. Chilberg Construction as " v'P"' Kimberly P. Covey ?m�' Go _C0mmW0]2 # DD 072267 ±o`e HYpim Nov 16, 20M Raided TTvu AdwW[ Bm&g Ca, Li 2v ledged before me this 19 day o f August President (title) on behalf of is personally known to me or has produced and did ( ) did not ( ) take an oath. (Notary'Signature) Kimberly P. Covey My Commission Expires: Commission Number: 20 Regular City Council Meeting August 28, 2002 Page Two 5. AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) Items not on the wdtten agenda may be added only upon a majority vote of City Council Members (R-99-21) Mayor Barnes requested that Item D - Brief Presentation by Mr. Wally Kramer be added. 6. PROCLAMATIONS, ANNOUNCEMENTS AND/OR PRESENTATIONS 02.184 A. GFWC Sebastian River Junior Woman's Club 25th Anniversary Proclamation -To Be Read By Mayor Barnes Mayor Barnes read the proclamation and noted it will be presented to the group at its anniversary celebration. 02.028 B. Certificate of Appreciation to Tut Connelly for Code Enforcement Board Service Mayor Barnes presented the certificate of appreciation to Tut Connelly. C. Proclamation Commemorating the Events of September 11, 2001 Mayor Barnes read and presented the September 11, 2001 proclamation to Councilmember Ed Majcher. 02.183 D. American Character Week Proclamation - Character Counts Coalition of Indian River County — The Honorable Judge Joe Wild — Chairman - Accepting Mayor Barnes read and presented the proclamation to Carole Johnson. E. Wally Kramer, challenged City Council, Chamber of Commerce and Sebastian Property Owners to enter the wacky raft race to be held at the Sebastian Clambake festival. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests, in which event, the Item will be removed and acted upon separately. A. Approval of Minutes — 8/14/02 Workshop B. Approval of Minutes — 8/14/2002 Regular Meeting Regular City Council Meeting August 28, 2002 Page Three C. Approval of Minutes — 8/21/02 Budget Workshop 02.185 D. Approve City Employee Picnic A/B at Community Center 9/21/02 (City Manager Transmittal 8/13/02, Application) 02.186 E. Authorize the Expenditure of $141,298.42 to Asphalt Recycling in Accordance with the Approved Contract Prices and Authorize Staff to Execute a Contract with Dickerson Florida, Inc. for Paving Based on Piggyback Prices from the Indian River County Contract (Engineering Transmittal 8/22/02, List, Letter, Contract) 02.187 F. Resolution No. R-02-38 — Vacation of Easement — Lot 11, Block 405, Sebastian Highlands Unit 11 (GMD Transmittal 8/21/02, R-02-38, Site Map, Staff Report, Application, Utility Letters) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, VACATING A PORTION OF A CERTAIN EASEMENT ON LOT 11, BLOCK 405, SEBASTIAN HIGHLANDS UNIT 11; PROVIDING FOR CONFLICTS HEREW ; PROVIDING FOR RECORDING, PROVIDING FOR EFFECTIVE DATE. 02.188 G. Award Contract for Construction of the Pad and Wall Portion of the Veterans Memorial to Chilberg Construction of Vero Beach in the Amount of $21,900.00 (Engineering Transmittal 8/21/02, Bid Tabulation Form) 02.030 H. Approve LPA Group Work Authorization - Engineering for Bidding of Phase 1 of Runway 9-27 (Airport Transmittal 8/22/02, Letter, Cost Breakdown) The City Attorney read Resolution No. R-02-38 by title, and Mr. Hill removed item E. MOTION by Conglio/Barczyk "I move we accept items A -D and F -H." ROLL CALL: Mayor Barnes — aye Mr. Hill — aye Mr. Barczyk — aye Mr. Coniglio — aye Mr. Majcher — aye MOTION CARRIED 5-0 f i' - Regular City Council Meeting August 28, 2002 Page Four 02.164 Item E In response to Mr. Hill, the City Manager confirmed that water pipes would be installed before the paving takes place. MOTION by Hill/Coniglio "Very well, on that I move approval of consent agenda Item E." ROLL CALL: Mr. Hill — aye Mr. Barczyk — aye Mr. Coniglio — aye Mr. Majcher — aye Mayor Barnes — aye MOTION CARRIED 5-0 8. PUBLIC HEARINGS A. Hearing of Appeal — Planning and Zoning Commission Denial of Site Plan for Capt'n Butcher's Floodtide (City Attorney Transmittal 8/22/02, Evidence Submitted to Planning & Zoning) (Advertised PJ Legal) Mayor Barnes opened the public hearing and the City Attorney advised City Council of the following: • Council must consider the appeal on the record presented to Planning and Zoning • The applicant, staff and affected parties may argue as to how the facts before Planning and Zoning support the denial or require approval • Modifications may be proposed but without factual support • If new information is desired, it is preferred the matter be remanded back to Planning and Zoning He sited that Council may: • uphold the denial of the site plan application; • overturn the denial and grant approval of the site plan; or • approve the site plan with modifications, conditions, or in any other manner which the Planning & Zoning Commission could have addressed the matter He noted that four affirmative votes of the Council are required to overturn the denial. MY or HOME OF PELKAll ISl�.fdC City of Sebastian, Florida Subject: Construction of a Veterans' Agenda No. Memorial A%proved for Submittal by: Department Ori in: Engineering To e Mo nager Dept. Head. ----Q-2,7- o� Finance: General Se ices: Date Submitted: 08/21/02 For Agenda of: 08/28/02 Exhibits: Bid Tabulation Sheet — Bid Opening: August 19, 2002 EXPENDITURE BUDGET AVAILABLE: APPROPRIATION: REQUIRED: $21,900.00 SUMMARY In accordance with the City's Purchasing Ordinance, sealed bids were solicited for the construction of the pad and wall portion of the Veterans Memorial at the new Riverview Park Expansion site on the northeast corner of Harrison Street and Indian River Drive. The location and design of the memorial were done in coordination with local veterans organizations. Chilberg Construction of Vero Beach submitted the lowest bid of $21,900.00 for the subject construction per plans and specifications. As referenced in the attached award letter from the Florida Recreation Development Assistance Program (FRDAP), $200,000 is being awarded to the City of Sebastian to implement improvements in the Riverview Park Expansion area. Matching contributions will be programmed via budget savings in the Capital Improvement Fund, to include financing for this phase of improvements. RECOMMENDED ACTION Move to award a contract for the construction of the pad and wall portion of the Veterans Memorial to Chilberg Construction of Vero Beach in the amount of $21,900.00. BID TABULATION FORM VETERAN'S MEMORIAL I BID OPENING: August 19 PROJECT DESCRIPTION FLINN CONSTRUCTION CHILBERG CONSTRUCTION 1JIM WRIGHT CONSTRUCTION SUMMIT CONSTRUCTION VERO BEACH, FL VERO BEACH, FL VERO BEACH, FL VERO BEACH, FL VETERANS' MEMORIAL $26,365.00 $21,900.00 $22,300.00 $28,200.00 Purchasing Jeb Bush Governor Mr. Terrence Moore City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 June 24, 2002 Re: Riverview Park Development, Phase I FRDAP Project No. F03394 Dear Mr. Moore: David B. Struhs Secretary Congratulations! We are pleased to inform you that the Florida Legislature has funded the 2002-2003 Florida Recreation Development Assistance Program (FRDAP) priority list. The City of Sebastian has been approved for $200,000, which is a grant for Riverview Park Development, Phase I. The support of the Legislature is critical for continued funding of FRDAP projects. With that in mind, a ceremonial check for your project is enclosed. We encourage a joint event with your legislative delegation and local elected officials. Your legislative delegation will be notified that your project was funded and that the ceremonial check was sent to you. A sample of the letter sent to legislators is enclosed. We suggest you coordinate with them for a dedication ceremony. To assist you with this grant, we will conduct two Grant hnplementation Workshops. The workshops will be held in Tallahassee on July 25 at DEP's Twin Towers Complex and at the Kissimmee Civic Center on July 23. Attendance is not mandatorybut if you have not previously attended, we strongly encourage your participation. All workshops will be held from 8:30 a.m. until noon. Driving instructions are enclosed. If you have any questions, please contact our office at (850) 488-7896. We look forward to working with you on this project. Sincerely, Acta 1,i� — A. Diane Langston Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks, MS 585 Enclosures cc: Ms. Wendy Spencer P. S. Please let us know when your check presentation is set. We would like to celebrate with you! "More Protection, Less Process" Printed on recycled paper.