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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-112Temp. Reso. 11235 June 26, 2007 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007-11,)-, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD RFP #07-20R AND EXECUTE AN AGREEMENT WITH STRAIGHTLINE ENGINEERING GROUP, INC. FOR THE DESIGN/BUILD OF THE BOAT RAMPS PROJECT FOR AN AMOUNT NOT TO EXCEED $ 533,525 FROM THE APPROPRIATE ACCOUNTS; AUTHORIZING BUDGET AMENDMENTS AS NEEDED FOR PROPER ACCOUNTING PURPOSES PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVITE DATE. WHEREAS, the City of Tamarac currently maintains approximately 600 acres of canals and waterways; and WHEREAS, access to the these waterways is limited and presently requires the use of specialized equipment to move boats and equipment to and from the water; and WHEREAS, the installation of approximately 33 boat ramps, for municipal use only, will improve access to these canals and waterways, making routine and emergency access safer and more efficient; and WHEREAS, the City has sought competitive design/build proposals for the installation of said boat ramps; and WHEREAS, on June 3, 2007 the City published Request for Proposals RFP #07- 20R for the design/build of the Boat Ramps Project, incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, on June 25, 2007, the City received and opened two (2) submittals, a bid tabulation is incorporated herein by reference and on file in the office of the City Clerk; Temp. Reso. 11235 June 26, 2007 Page 2 of 4 and WHEREAS, STRAIGHTLINE ENGINEERING GROUP, INC. was the sole responsive respondent to Request for Proposal RFP #07-20R; and WHEREAS, the RFP Selection and Evaluation Committee determined that the response submitted by STRAIGHTLINE ENGINEERING GROUP, INC., attached hereto as Exhibit 1 ", was best able to meet the needs of the City; and WHEREAS, the City of Tamarac has negotiated an agreement with STRAIGHTLINE ENGINEERING GROUP, INC. attached hereto as Exhibit "2" for their services at a cost not to exceed $ 533,525, this cost is inclusive of contractor's proposed cost of $ 485,023 and a 10% contingency of $ 48,502; and WHEREAS, it is the recommendation of the Director of Public Works and the Purchasing and Contracts Manager that the contract for the design/build of the Boat Ramps Project be awarded to STRAIGHTLINE ENGINEERING GROUP, INC.; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP #07- 20R for the design/build of the Boat Ramps Project at a cost not to exceed $ 533,525. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: STRAIGHTLINE ENGINEERING GROUP, INC. is awarded the Request for Proposal RFP #07-20R for the design/build of the Boat Ramps Project at a cost not to exceed $ 533,525. 1 1 1 Temp. Reso. 11235 June 26, 2007 Page 3 of 4 SECTION 3: That the appropriate City officials are hereby authorized to execute an Agreement between STRAIGHTLINE ENGINEERING GROUP, INC. and the City of Tamarac for the design/build of the Boat Ramps Project (attached hereto as Exhibit «2„ SECTION 4: That the funding in an amount not to exceed $ 533,525 is hereby approved. SECTION 5: All budget amendments for proper accounting purposes are hereby authorized. SECTION 6: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. Temp. Reso. 11235 June 26, 2007 Page 4of4 SECTION 8: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of 2007. ATTEST: MARION SWEN, N, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. BETH FLANSBAUM-TALABISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 1 1 TR -11235 EXHIBIT 1 PROJECT PROPOSAL RE: RFP 07-20R i � • STRAIGHTLINE ENGINEERING GROUP INC. RFP 07-20R Design/Build of the Tamarac Boat Ramps Project Proposal Contents Company History Bid Bond Acknowledgment of Addendum Technical Proposal and Proposal Norm Offeror's Qualification Statement I ) Non -Collusive Affidavit & Acknowledgment 2) Vendor Drug -Free Workplace 3) Trench Safety Form 4) Certification 5) Certified Resolution 6) References 7) List of Subcontractors Attachments l) Licenses 2) Resumes 3) financial Statements 4) Drug Free Work Place Policy (Example) 5) Equal Employment Opportunity and Affirmative Action Policy and Plan 6) Previous Project Experience 7) Certificate of Insurance STRAIGHTLINE ENGINEERING GROUP INC. Company History 0 • "'M STRAIGHTLINE ENGINEERING GROUP INC. Company History Straightline Fngincering Group, Inc., an S-Corporation, dates back to April of 2002, at Mirarnar, Florida and was founded on the basis of becoming one of South Florida's most profitable and quality corporations. We have been able to grow from Sub -Contractor status to Prime Underground Contractor in various parts of the state. The President of the company has worked in this industry for 15 years. First he worked as a laborer and quickly moved into a foreman position, supervising several sites. Upon gaining the experience and the licenses needed he opened his own company and used his knowledge to train the contacts required for business growth. Our operations are coordinated from a warehouse office complex in the central portion of Miami and temporary trailers at the different.job sites. In April of 2006 we hired Ricardo Diaz as our Principal Engineer for the purpose of entering into the Engineering side of our industry. We are currently a 3 to 5 million dollar company with extensive experience is municipal and private work including but not limited to concrete sidewalks, drainage, water, and sewer installation, hauling, hurricane debris removal, road work, asphalt, FPL duct bank installation, Bellsouth duct installation, pavers, fencing, tree planting and removal, and complete site development. At present we repair and replace concrete sidewalks under contract #05-06-012 Replacement and Installation of Sidewalks for the cities involved in The Southeast Florida Governmental Purchasing Cooperative including the City of Tamarac. This contract would be especially straightforward for us to complete due to the fact that we already have a staging area set up for our sidewalks contract and the established relationship we have built with the City of Tamarac. 0 a, r%-., 0 STRAIGHTLINE ENGINEERING GROUP INC. • THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Straightline Engineering Group, Inc. as Principal, hereinafter called the Principal, and First Seaford Surety, Inc. a corporation duly organized under the laws of the State of Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto City of Tamarac as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT (5%) OF PROPOSED BID -Dollars ($-5%-of Amount Bid-), for the payment of which sum well and truly to be made, the said Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Design/ Build of the Tamarac Boat Ramps Project NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 2e day of June, 2007. (Witness) r (Witness) StratahtlineA4 eeiind Group,, In0,-jsea0 (1-ilia) , First Sealord Sure Inc. Joseph ielson, Attomey-in-Fact (sear) Printed in cooperation with the American Institute of Architects (AIA) by CANF&D . CANF&D vouches that the language in this document conforms exactly to the language used in AIA Document A310 Bid Bond - AIA, February 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N W., WASHINGTON, D. C. 200M. ! ! I` . First Sealord Surety, I Power No 'MIA ojk . msl?sa' Power of Attorney KNOW ALL MEN BY THESE PRESENTS: That First Sealord Surety, Inc., a corporation ofthe CCNtITndnWftIth of Pennsylvania; (hereinafterthe zz "Company") has made, constituted and appointed, and by these presents does make, ooiidtut0 jhd;;''Jppoint Charles J. Nielson, Charles D. Nielson, Warren M. Alter, Joseph P. Nielson, Peter A. Thom1. son I Ronald C dpferman and/or Richard M. Butin all. of Miami Lakes, Florida its true and lawful Attomey-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other instruments of a similar nature as follows: Not To Exceed Four Million Dollars---------{$4,000,000.00) Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attomey-in-Fact, shall be binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its corporate seal; and all the acts of said Attorney -in -Pact, pursuant to the authority hereby given; are hereby ratified and confirmed. This appointment Is made pursuant to the following By -Laws which were duly adopted by. the Board of Diredtors of Ahe said Corporation on April 7, 2003 with all Amendments thereto and are still in full force and effect: "Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto. Section 12-1. Insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings „of the, Corporation, and releases, agreements and other writings relating In anyway thereto or to any claim or loss thereunder, shall be signed In the name and'oh behalf of the C ; Corporation: a) by the Chairman of the Board, the President or a Vice President, and by the SAcretaljr br,,i)in ASslsta'nt'Sedretary' or b). by art, y in -Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a �nba President to make such slg'hature, or'"c) b' such other officers or representatives as the Board may from time to time determine. The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attomey-in-Fact or representative. The authority of such Attorney -In -Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted thereby may be.revoked`at any time by.1he Board of Directors or by any. person empowered to make such appointment." IN WITNESS WHEREOF, First Sealord Surety, Inc. has caused these presents to be duly signed and•rts corporate'seal to be hereunto affixed and duly attested this 20th day of January, 2004. 7 First Seaford Surety, Inc. #ge; (Seal)- ° `' Attest: By: Gary L. 8ra99, Secretary JaeL D. rman, Vice`;Presldent Commonwealth of Pennsylvania County of Montgomery On this 20th day of January, 2004, before me personally appeared Joel D. Cooperman, Vice President of First Sealord Surety, Inc., Oth whom I am personally acquainted, who, being by me duly swom, sold that he resides in the Commonwealth of Pennsylvania, that he Is Vice President of First Seaford Surety, Inc., the corporation described in and which executed the foregoing instrument, that he knows the GQrporata�s�e�ayl�ofy,�lhe sa/i�d�� Corporation; that the seat affixed to said instrument*' such corporate seal; that it was so affixed kly'brdar;tf'the doarcl, of Directors bf.sakl Corporatdn ,., IL„�.: and that he ed his name thereto as Vice President of said Corporation by like authority: ��� T NaMY P►�Ilo - Notary Public towa1141ft7wpL.MaMpans ycaft (Seal) q. y=i ^' p N 'ttl>. CERTIFICATE trtwtiprrj rwq* lwft AssmWo W NaoUs 1• the unders d Secretary of First Sealord Surety, Inc. do hereby certify that 'the original IovrY+btitamey of whli the foregoing is a full, true and correct copy, is in full force and effect on the date of this Certificate and I do further -certify thatth'' t7fficer who a"-'ded the said Power of Attorney was one of the Officers authorized by the Board of Directors to appoint an Attomey-in-Fact as provided In Section 12-1 of the By -Laws of First Seaford Surety, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the By -Lawn of First Seaford Surety, Inc.: "Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary. on. any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XII, Section 12-1 of the By -Laws appointing and authorizing an Attomey-in-Fact to sign In the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other instruments described in said Section 12-1, with like effect as if such seal and such.signature had beemmanually affixed and made." In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the CorPoml" fo these presents this 2 5 % of June 20 07 This power of attorney is void unless the Bond number is inserted In this paragraph (insert Bond # here 0 7 r 4 616 the bond . number is the same number as on the original bond, d the bond number has been inserted by ari oftier.or employee of the�Gompanyor,byth'e•agent (seal) Ga L. Bragg, ecretary Firvt Sralord .Surety_POAAm (Ed.01/20/2004) STRAIGHTLINE ENGINEERING GROUP INC. ACKNOWLEDGMENT OF ADDENDUM 0 0 me STRAIGHTLINE ENGINEERING GROUP INC. June 22, 2007 City of Tamarac Purchasing and Contracts Manager 7525 NW 88`h Ave Tamarac, FL 33321 Rc: RFP 07-20R Design/Build of the 'I amarac Boat Ramps Project Acknowledgment of Addendum To Whom It May Concern: At this time we have not received any addendum for the above referenced proposal, �ince�. 1v, 6 a' do A. Diaz P e idcnt 8382 NW 70TH STREET MIAMI, FL 33166 P: (786) 845.8499 F": (786) 845.8497 C DIAZ@STRAIGHTLINEENGINEEE2ING.COM STRAIGHTL.INE ENGINEERING GROUP INC. TECHNICAL PROPOSAL PROPOSAL FORM 11 11 me S T'RAIGHTLINE ENGINEERING GROUP INC. Technical Proposal A. Approach and Work Plan Based on our experience, one of the most difficult phases oi' a design build project is obtaining; permits. In order to ascertain the degree of difficulty this project would present, our personnel contacted the Broward County Environmental Resources Official, Ms. Linda Steward. Upon discussion of the scope of the project we were able to perform a preliminary pre -application in which we obtained all the requirements the County will expect us to fulfill in order to grant the permits for all thirty-three (33) boat ramps. Our official approach will then be to set up and attend an official pre - application meeting with the County's and City's personnel to present the project, a survey of each boat ramp site, any wetland delineation required, our typical design and details for ramps with and without sea wall, the required fees and our specifications. Once the County environmental representatives establish any other requirements or modifications to our original submittal, we will proceed to perform these changes and officially submit all thirty-three (33) boat ramps for permit. PAGE, 1 OF :b 0 ME STRAIGHTL,INE ENGINEERING GROUP INC. While the permits are being processed we shall proceed to schedule our construction personnel and to coordinate with our materials and pre- cast vendors making sure that every component of this project is ordered, specified and established for a certain date of delivery and/or installation. As soon as the permits are received (approximately two moths alter application) we will hold a pre -construction meeting with City officials to establish our work plan and the sequence of construction and installation, based on the City's needs and desired schedule. Due to their proximity and trying to minimize the residents and the environmental disruption we will group sets of boat ramps and perform several simultaneously. Once the approval of our final work plan and sequence of construction and installation is approved by the City we will then mobilize to a convenient staging area from which we will run the entire project. The way the City has timed this project, will allow us to present the permitting package and to negotiate all permits during the final months of the rainy season allowing us to commence installation at the beginning of the dry season. This is quite convenient in that the receding surface waters will expose the littoral zone and will minimize the difficulty of working, under water as well as the environment impact and disruptions. We will then proceed with the surveying layout of each group of boat . ramps, depending on the need, based on the elevations of each site we will excavate and remove the unsuitable materials and prepare the sub - grade to receive the lime rock sub -base. We will then compact the lime rock to 98% proctor compaction while concurrently installing the pre- cast section of the boat ramp including the wheel stop. Then we will PAGC2OF5 STRAIGHTLfNE ENGINEERING GROUP INC. form and pour the concrete header, install the pavers with silica sand deeply and soundly compacted into the space between the pavers. Our personnel will then install the PVC coated chain link fence and gates. We will then clean up apply any sod required for restoration and then request a walk" through for the City inspector to develop a punch list. We will then address all items on the punch list, ask for a final inspection per boat ramp and proceed to the next group until all thirty- three are performed to the inspector's satisfaction. 13. Brief Statement Straightline Engineering Group, Inc. and its personnel have had the opportunity to perform projects for the City of "famarac with excellent results. We are familiarized with the City, its procedures, its strict requirements and its personnel. in addition to this our company is small but dedicated, we know the quality of our performance is indeed our best resume. Since our overhead is not as large as others, we are able to stay within established cost estimates without cutting corners. We have within our roster seasoned professionals that have been designing and building municipal projects since 1980 and are ready to provide their expertise, knowledge and capabilities to ensure the success of this endeavor. Our principals make themselves available on a 24/7 basis to assist the City in this or any emergency the City may have. We own our equipment and we comply with all the regulatory entities while kecping an excellent working relationship with them. PAGE 3 OF 5 0 0 STRAIGHTLINE ENGINEERING GROUP INC. C. Construction Timeline The timing of these RFP procedures allows for these boat ramps to be designed and permitted during the rain season and built during the dry season. Upon selection we propose to design and permit these boat ramps during the months of August and September 2007. We propose to leave the month of October 2007 as a floating month, allowing additional time for requests for additional information from the regulatory agencies during the permitting phase. This will also allow the City to prepare its budget and have available the necessary funds to process the construction expenses of this project. From November 2007 to June 2008 we will then proceed with the installation phase trying to group adjacent ramps minimizing disruptions and mobilization of equipment. From February through June 2008, based on previous years the literal zone is normally exposed due to the lack of rain and demand, we propose to install all the "submerged" components of the boat ramps during this period. By using this strategy the environmental disruption will be kept to a minimum and the structural integrity of the boat ramp will be ensured. PAGE_ 4 or-5 r � � STRAIGHTLINE ENGINEERING GROUP INC. D. Subcontractors/Vendors 1) MJC Group 8720 Shadow Wood Blvd_ #203 Coral Springs, Fl.. 33071 Surveying & Layout 2) FRS Prestressed Precast 15900 SW 408`' Street STE B Florida City, FL 33034 3) American Pavers 1251 NE 48th Street Pompano Beach, FL 33064 As Part of our proposal to the City of Tamarac we have provided the following list of vendors. In order for the city to save in taxes we are willing to have the City purchase the materials directly through our vendors at which point the amounts purchased in materials would be deducted from the original contract pricc. PAGE 5 OF 5 ATTACHMENT "B" PROPOSALFORM RFP 07-20R DESIGN/BUILD OF TAMARAC BOAT RAMPS PROPOSAL PRICE BASED ON DESIGN/INSTALL APPROX. (33) BOAT RAMPS SEE ATTACHMENT "A", ALL EXHIBITS AND SPECIFICATIONS No. 'Lone Location Seawall Bank Price, Ea. Location 1 I F NW 70" St / 102" Ave X 2 I G NW 70" St / 102" Ave X 3 2A NOB HILL _. X 3C µNW 8 I' ST X 5 3F TRACK 27 X DO 6 3E NW 77 9T X 7 3K WESTWOOD DRIVE X 8 3G BELFORT CIRCLE NORTH X 9 4A NUB HILL X 10 4B 98 TERRACE / 98'" AVE X I I I WESTWOOD BOVD E X 12 _4C: 4E PINEI IURST CIRCLE E & 91 AVE g 13 4F PINEHURST CIRCLE_ E & 91A-� x 14 4G WEDGEWOOD DRIVE X 15 5 E 75 ST X 16 5N 81' AVEX 17 6H 61' ST FIRE LANE) X 18 7B SOUTI (GATE BLVD X 19 713 70 AVE X 1h, Ill. 20 7C 70 AVE X 21 7D 77 ' ST & ERRACE X 22 7E 70 AVE 23 8A 67 ST Nx 24 25 8B 8C BROOKWOOD BLVD NW 64 AVE X I 26 9G SHAKERVILLAGE PARKING LOT 27 10K 46 ' S"I" X 28 lUM COMMERCIAL. BLVD X 29 10L I IIGHLAND DRIVE X 30 ION HIGHLAND DRIVE X 31 lip CAPORELI,A X 32 HE E CHURCH ON COMMERCIAL, 13LVD X 33 1 1G WILDLIFE PARK x 0 E PROPOSAL PRICE BASED ON DESIGN/INSTALL APPROX. (33) BOAT RAMPS (SEE ATTACHMENT uA", ALL EXHIBITS AND SPECIFICATIONS) TOTAL PROPOSED PRICE $ 41512,03. Proposers: Double check your EA. pricing to ensure it matches your "Total Proposed Price". SUBMITTED BY: DESIGN/BUILD FIRM: Sft*& Address: �3 n ion' *� City:— Uai{'h� State: Zip: Telephone: ? 9 FAX: 3 128 � MI jjxg I- , E �011 Ell M NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal- . .. . ... .... .............. .... ..... ... ... . . ............................................................ 2 of 2 t � • STRAIGHTLINE ENGINEERING GROUP INC. OFFEROR' S QUALIFICATION STATEMENT r, wc"h 3 i ) (: � (. tit Rt: l�;VIh7L�1.�.. \'. a r OFFEROWS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Tamarac Purchasing and Contracts Manager 7525 NW 88t" Avenue Tamarac, Florida 33321 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. E If Offeror is a corporation, answer the following: a) Date of Incorporation: Q� I D..a__.._ _.._._._ __.. b) State of Incorporation:..__�D._h.G- m,.....,_............................._.... c) President's name: LChwLt U.._ �I . -Da.�_....... ...... ...... _._._- . d) Vice President's name:.Rl` e) Secretary's name: ..,t'�+.. , 6-4,4dp...... ...pfc - _._ .. ... ...... ... ..... ..... ......�._........ . f) Treasurer's name:I�Wi'.�.._.. g) Name and address of Resident Agent: 4..1 5v , IL g,31 ko ... .... . !ir:w i1 .5 C.:ivll fli ,.1 (1C)f1 O,hc7, 1,(if i' r- L J ••: „ 1.1117„?';9C: ; G r y .._.. ................. 3. If Offeror is an individual or a pa nership, answer the following: a) Date of organization:- „ b) Name, address and ownership units of all partners: ..... .... ....... .... hn 5. If Offeror is'operating under a fictitious me, submit evidence of compliance with the Florida Fictitious Name Statute. NA 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. d-iVl-CL ll vC ICI%..._.,_ __ ..✓�g7 ... ..... ..... . ........................... ..................... ..-,..I 8. Have you personally inspected the site of the proposed work? /YES ❑ NO 9. Do you h ve a complete set of documents, including drawings and addenda? you ❑ NO 10. Did you attend the Pre -Proposal Conference if any such conference was held? ❑ YES [5/NO ................. . .. ..... _ ......... ......... ......... ............... .............. _.�. �)r/�!✓{,.' S (,?l.lahft ):ifl%v'; S7 tEi?17lew �^ Pt ( xrl ,r !< +iv 11. Have you ever failed to complete any work awarded to you? If so, state when, where and why . u.. 12. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are t, preferred as references). �� �l d a1 P q6. Name Address 1 Telephone .... .. .... ... �Ud &ALA....... tom.... ........ ................ jm. _,...... _............. _. . 13. List th pertinent experience of the key individuals of your organization (continue on insertsheet, if necessary). s . ........ L4.o v Vj' O ....... Jzi'r ... u� , . • ......._...... 16. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: _... �_..�_ 0 17. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: .. 5__WW__Z..N �......7D'i�.....,........� .... 7..bGtJ . h-Gi.r........... Ict°wi ......:..r✓i.. .....!.w. C�(%tlrt+r;M C,)rr5tlific:rtr�t:t ;tr7tct;'r'te>rt+ ... .. ..... .. ..... . . ..... ...... .. . .. .................. . .... ................ .. .. .................. . .... ...... ........... ...... ......... .. ........ 19. Bank References: Bank Address Telephone ............... ..... .... ........... . ........... 1.7 ........... .................. . - .......... 20, Attach a financial statement including Proposer's latest balance sheet and ipcome statement showing the following items: NV�� Cd 4441,k4 -RKq nag) 6Nt�6. MR6hd a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings): 21. State the name axn�the ia a er t d date thereof: ;L , Um Y 31 y an 22. Is this financial Istement for the id o!nlizl�stiotn named on page one? [YES [-] NO 23. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). .. . . . . ... .. ................. ... .. .... .... ........... ....... . . ..... .... .... . ... . .. .. .... .. .. ..... . .. . .......... .............. ... .... ... .. ........ ... ..... . . ... . .................... . . . . .. .. . . .. . .. ... ... ... . ............. .............. ..... ... . .. ...... ... .. ... ... ... ...... .... ...... ....................... . ....... ... .... . . .. . ..... ............. .... . ... .... . ............. 2ZI 7 Offorex. � 01"'Od""twi0v The Offeror acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true, The discovery of any omission or misstatement hat materially affects the Offeror's qualifications to perform under the contract shall c use the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Si ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT State of fl UY1LR a , County of D—q&-- On this the �_ day of , 2D� before me, the undersigned Notary Public o he State of Florida, personally appeared kb�'-t and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. /I WITNESS my hand and official seal. NOTARY PU15M, STAITEOF FLORIDA NOTARY PUBLIC cRISrINA1•p1 p1GtT AiiY PUIILK3-STATE 9F RAF" MMM1855N # 00M'9 SEAL OF OFFICE: EWIREsi'VIWWT -JName of Notary Public: Print, Stamp, or Type as Commissioned) It/personally known to me, or ❑ Produced identification: (Type of Identification Produced) 12nt/DID take an oath, or ❑ DID NOT take an oath ......... ..... ...... ... ......... .._.. ........ r� .... ......... ......... ...... ......... I ..... NON -COLLUSIVE AFFIDAVIT State of �b 0 ) )ss. County of bm-- ) I PMA 4 �a,Zi being first duly sworn, deposes and says that: 24. He/she is the (Owner Partner, Officer, Representative or Agent) of hr11 11i the Offeror that has submitted the attached Proposal; 25. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 26. Such Proposal is genuine and is not a collusive or sham Proposal; 27. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; 2& The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in inter st, including this affiant. ri ed, sled an eli ered in the presence of: By / w 7 r Q LA ►Do :A. DI•AZ VVitn ss Printed Name Title ....... . ......... . ........ .. ........... . 26 Non .r..:1...3y �.. ....v ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Flori;La County of r� On this the o day of , 20_a, before me, the undersigned Notary Public of the State of Florida, per onally appeared NAt and (Name(s) of individual(s) who appeared before notary) whose names) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NO ARY PU , ST T OF FLORIDA CRIB rINA t. DWZ MdrARY roc OA7E OF IL0141GA COMMISSION !� DI12'S8319 EXPIRES 10113M7 (N u lic: Print, Stamp, or Type as Commissioned) M Personally known to me, or ❑ Produced identification: (Type of Identification Produced) I(DID take an oath, or ❑ DID NOT take an oath 9 Ncan-tioffti:>ivcr .,�fic,'�:r,, VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991, The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section 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 impl ntation of this section. As the person authorized to sign the statement, I ce hat this form complies fully with the above requirements. EDON94Im Auffiori�efi Signature Company Name v �f ..5:� � (' I..P,R L �y�r...J::, is c, tiV�;rr•y �ii•I` r ,. TRENCH SAFETY FORM Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: TRENCH SAFETY MEASURE Descri tion UNITS OF MEASURE (LF/SF) UNIT (Qty) UNIT_COST EXTENDED COST A. $ $ B. $ $ D_ $ $ TOTAL $ If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet (5') in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL -TRENCH EXCAVATION). ; Failure to complete the above may result in the bid being declared no, r�sponsive DATE: �! ( i nature) ACKNOWLEDGEMENT STATE OF. - COUNTY OF: 10, of PERSONALLY APPEARED BEFORE ME, the undersigned authority, r goah 0 4 W, who, after first being duly sworn by me, (Name of individual Signing) affixed his/her signature in the space provided ab ve on is d of 20 a7. NOTARY PUBLIC CFi1S71Ns �reo�e.OF My Commission Expires:���a .. .... ........ .. ......... 0 0 ltiii7.... IN).......`r� CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID We (1), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (1) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL 7 PARTNERSHIP ❑ CORPORATION [1 OTHER If `IOther"/Ekolain: Signature I '�. 7 (Typed/PrintedgNaame Tel phone Fax Email Str W dine Eoeermg Group Inc Company Name 062 N w TDB Address City, State, ZIP 04 � Federal Tax ID Number ....... _ ............... .................. ". i.) 0 0 i..:. .. .... .._...._ .. .... .. CERTIFIED RESOLUTION I, I �'�'qj (Name), the duly elected Secretary of S rporate Title), a corporation organized and existing under the laws of the State o do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVE THAT �Iit �1 (Name)" the d y Irate (Title of Officer) of 5ft I11ne CA ee Group (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid 13ond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. I further 'certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. l NAME TITLE Given under my hand and the Seal of the said corporation this a`d (SEAL) By: NOTE: Vr91iL: , 20 0% . Secretary " Strai�htline Engineering G Ir iuc Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly empowered by the corporation to do so in ...... ...... ........... ....... .................. ... _... .... ... ..... .......... _..... .... 0 0 << REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years- Phone/Fax P (7 s .�f's ...'-19�i ...(.75' 8 LMI Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name _.... ......... . �. .. .,. ..................................... ..; aa LIST OF SUBCONTRACTORS The Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work that will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non -responsive and may cause its rejection. Work to Be Performed % Total Contractor Subcontractor Contract License No. Nam /Address IZO U nn ,( 5-tzo� awWDod �1vd#�3 �JLt. coca 1n+'KL....._.77! ............... . .................... ............................... . ................................... . .._.... _........................................................................... .............................. . ........................... ........ ....... ... ... ... ..... ..................................................... ..... ..... ......... ........ . STRAIGHTLINE ENGINEERING GROUP INC. ATTACHMENTS C� ii ��irrJri�rry rr :�r�J,iri�iirrl Expiration: 28-F EB-09 AUDIT NO.: 0709- 015361 00,1119 4W vlf Alj]artba DISPLAY AS REQUIRED BY LAW xt�"rxte�x� P.E. Number: 38384 CONSTRUCTION I USTRY LICENSING HOARD we ,1 TALLAHASSEEFL MOsTRT32399-0783 . (850) 487-1395 DIAZ, RICARDO A STRAIGHTLINE ENGINEERING GROUP INC 8382 NW 70TH STREET. FL 33166 DETACH HERE i r �1 1;. .wY �'L '4.�A, aI: 4. ... '�. �'•. .ate..* �Py �i�,1_}j/ d ,'D1fAZ,' � CARD Hy� `5��� SltIR;'Gi�Q'�IrT` "•� t;,)!.r rr�n µ► ttt�r.F} ��',M1 "r� yc ��t(�P. { I9 �C$RT��xffiD 'unM�,rtL� provi��onr oL ChA8,9 ss , 'vi:.e'taa ase..�:r]►U(3 31, : 2ooa ; ,, rLd60AdAd1 6Q, 9 Rick Diaz, P.E. PROFESSIONAL HISTORY Straightline Engineering Group, Inc. Present Principal_ Eneinecr April 10, 2006 to Miami, Florida Planning, design, construction inspection, construction supervision, construction management and project engineering for major infrastructure projects throughout South Florida. Consulting and coordinating services including overseeing of design firms, contractors and special programs management. Document, design and invoice administration for diverse disciplines and engineering companies. Writing of reports and ancillary documentation. Lee County Board of County Commissioners November S, 2000 to July 10, 2006 Utilities Director-I,CU Fort Myers, Florida Administrative and financial management of the County's Water and Sewer Enterprise Fund. This division of the Lee County Public Works Department provides the water and sewer services to approximately 70,000 customers. Direct management of approximately 274 employees. Main duties included overseeing of all operations, including but not limited to. the assurance of all maintenance, planning, design, inspection and construction; customer service - billing and customer complaints; financial - financing, bonds, budget, rates; regulatory and socio-political matters — intergovernmental relations, interlocal negotiations and agreements; employee well being; development orders; procurement, etc. Solution development for the complex problems and issues through innovative design and writing of accurate specifications, testing and deployment of new technology through closely monitored pilot programs. Close supervision of consultant design submittals, including "quality control" accuracy and sincronization of the finished product. Overseeing of in-house designs for LCU. Development of budgets, master plans, business plans, Board of County Commissioner's and other Council's agenda items, cost estimates, speciiications, treatment process selection, and landscaping requirements, contracting and inspection, l landled four maior hurricanes without shutting down our services, at any time, even without electric service. Major accomplishments during this period include: Utilities evaluation report, Lee County Utilities Business Plan, 2002 Water and Sewer Rate Study and Rate Increase Resolution, FY 2001 through 2006 budgets, design and construction management of the North Lee: County Water Treatment Plant (WTP), hydraulic modeling of the entire Lce County Utilities service area including the Gulf Environmental Services (GES) service area and its purchase, design and construction of' C� Rick Diaz, P.F. Professional History Page 2 E the Matanzas Pass sub -aqueous water and sewer lines joining San Carlos and Estero Islands„ construction management of the Fiesta Wastewater Treatment Plant (WWTP) Five (5) MGD expansion, and preliminary design of the Olga WTP expansion Ten (10) MGD, purchase of 12.5 acres for this expansion, design of the Gateway Six (6) MGD WWTP expansion, design/build the Three Oaks WWTP six (6) MGD expansion and Deep Injection well, design and construction of the Pine island Deep Injection Well, design build of the Pinewood WTP three (3) MGD expansion and deep injection well, design and construction management of the Corkscrew WTP Fifteen (15) MGD expansion, and the design of the LCU new 75,000 square feet, five (5) story new administration building within the College Parkway WTP fully equipped with enough generator and water to handle any major storm. City of Lake Mary October 1997 through November 7, 2000 Public Works Director Lake Mary, Florida Administrative, technical and financial management of the City of bake Mary's Public Works Department. This included all matters related to road construction, road, street, and arterial, design. Maintenance, traffic engineering, street lights, sidewalks, nature trails; drainage, stormwatcr (NPDES) issues, potable water treatment and distribution, wastewater collection and transmission, reclaimed water transmission and distribution, and surface water quality (lakes). Duties also include consensus building among the live city commissioners as well as public relations with other city and county administrators, local, state and federal regulators, and citizens. Paving of eight miles of city streets with innovative "cold mix asphalt". Development of budgets, master plans, business plans, city council agenda memorandums, construction cost estimates and construction and equipment specifications and designs. Creation, negotiation, development, legal confirming and city council approval of interlocal agreements between county and city governments needed for the wholesale of water, sewer and reclaimed water. Major accomplishments include the approval of the Consumptive Use Permit for the City of Lake Mary's Water "Treatment Plant, construction of the Wood Street Triple Box Culvert, creation and development of the City of Lake Mary's Water Treatment Plant Standard Operating Procedures, design and installation of the Downtown Sewer Collection System, construction, supervision and coordination of the Rinehart Road Arterial redesign and construction, design and inhouse construction of the Eighth Street potable water line, the Sheally Road potable water line, the Wood Street potable water line and the Rinehart Road potable and reclaimed water lines. Design of a Hydropillar 0.25 MG elevated water storage tank, and the creation of Lake Mary's own Water, Sewer and Reclaimed Water Design Standards and Specifications on CD -Rom, which were made available to all developers and consulting engineers. C� E Rick Diaz, P.F. Professional History Page 3 Seminole County Government Deputy Director of Public Works/ Environmental Services March 1992 through October 1997 Sanford, Florida. Administrative and financial management of the County's water and sewer enterprise fund. This division of the I.,cc County Public Works Department provides the water and sewer services to approximately 50,000 customers and 58 employees. The main duties included the overseeing of all operations, including but not limited to: the assurance of all maintenance, planning, design, inspection and construction; customer service - billing and customer complaints; financial - financing, bonds, budget, rates; regulatory and socio-political matters — intergovernmental relations, interlocal negotiations and agreements; employee well being; development orders; procurement, and others. Overseeing; of the Solid Waste division with 82 employees, the County Landfill with 5,200 acres, the main transfer station, decomissioning of the Sanlando Landfill and Transfer Station and conversion to an award winning softball field_ Closely overseeing, of consultant developed designs for wastewater and water plant expansions. Physical inspection of construction projects to ensure quality control and timeliness of construction. Development of budgets, master plans, and business plans, Board of County Commissioner and other C:ouncil's agenda items, cost estimates, specifications and designs are other tasks required and commonly done for the benefit of Seminole County. Major accomplishments during my employment included the modifications to all ten water treatment plants owned by Seminole County Utilities, including wells, pumps, tanks, generators, fuel tanks and electronic controls. A major accomplishment for the Solid Waste Division included the establishment of a Small Materials Recycling; Facility (SMURF) capable of processing all the steel, aluminum, glass, plastic and cardboard received at the Central Transfer Station which provided additional income to the Division. Design and installation of the new leachate collection system with Bentonite Slurry Walls. EDD of Florida, Inc. October 1990 through March 1992 Project Manager Ocala, Crystal River, Jacksonville, Florida Design of wastewater treatment plants, drinking water treatment plants, and drinking water distribution systems, wastewater residuals disposal and treatment, submittal and approval of consumptive use permits, and development of construction cost estimates. Cost estimating, proposal estimating and preparation. Environmental impact statement writing, development and submittal. Wastewater sewage systems design, reclaimed water systems, storm sewer systems design and water systems design. Surveying development and supervision. 0 R & F Contractors/Diaz-Collazo & August 1984 though October 1990 Associates Rio Piedras, Puerto Rico Chief Engineer Construction management for land development projects. Asphalt paving, water distribution, storm sewers, primary and secondary electrical distribution, engineering management of the firm, accounting, banking operations, personnel, and payroll. Writing and estimating technical and economic proposals for governmental and private projects. Design of highways, roads and streets in strict accordance to the Federal Department of Transportation regulations, standards, and specifications. Coordination of clerical and technical personnel, and electrical and mechanical sub -consultants. Diaz -Santini & Associates June 1982 though August 1984 Chief Engineer Rio Piedras, Puerto Rico Planning, design, construction inspection and management, structural design coordination, and project engineering for several private land development and large government projects. Cost estimating, and proposal estimating and preparation of environmental impact statement writing, development and submittal. Wastewater systems design, storm sewer systems design, water systems design. Surveying, development and supervision_ Puerto Rico Solid Waste Management Authority July 1980 through May 1982 Source Separation Program Director Hato Rey, Puerto Rico Management and supervision of all operations and personnel of the program. Development of the Program Feasibility Analysis. Preparation and presentation of seminars related to disposal and dangers of solid and hazardous wastes. Analyzing the recycled paper and corrugated cardboard market situations and possibilities in Puerto Rico and determination of the solid waste composition and production in selected municipalities as well as in public and private offices. Landfill gas studies and testing of gas wells. Puerto Rico Aqueduct and Sewer Authority July 1979 through July 1980 Protect Engineer Hato Rey, Puerto Rico Supervision, inspection and coordination of the planning, design, and construction phases of' wastewater treatment and conveying projects, funded under the Environmental Protection Agency Construction Grants Program. 0 Rick Diaz, P.E. Professional History Page 5 E LICENSURE: Registered Professional Engineer, Florida # 38384 Registered Professional Engineer, Puerto Rico # 8594 (Innactive) Certified Building Contractor, Florida 1990 (Innactive) Registered Environmental Manager (Nationwide) EDUCATION Bachelor of Science in Civil Engineering University of Puerto Rico 1979 Numerous Courses and Training AFFILIATIONS Water Environment Federation American Society of Civil Engineers American Water Works Association C� Rick Diaz, Y.L. Professional I l i story Page b Sep 22 QO 01:59p RICK nIAZ q07-?3-g220 p+� I 9 UNIVERSITY OF PUERTO RICO MAYAGUEZ CAMPUS MAYAGUEZ. P. Ir. CERTIFICATE TO WHOM IT MAY CONCERN: THIS IS :TO CERTIFY THAT RICARDO DIAZ RODRIGUEZ I ON JUNE 9, .1979 MET ALL REQUIREMENTS ? OF THIS INSTITUTION FOR THE BACHELOR OF SCIENCE DEGREE IN I C IVIL ENGINEERING THIS CERTIFICATE GIVEN AT MAYAGULZ. PUERTO RICO JUNE 9, 1979 RsrtrTwwR 11 Rick Diaz, P.E. Professional History Page 7 Sep 22 00 02:00P I RICK ^1AZ 407-33a-8220 C� try O 0 9 CA to y �► Cn atn • r�,,� z o o qP O cn C rn � O ? x n 4 > tin0 • to Z M CA • ♦ }� �N I'd 21 J > H O rn >; cry n Cn 0-1 Al co C b O 0 co Ca 0 C ta C- M p.4 r Rick Diaz, P.E. Professional History Page 8 Sep 22 OQ 01%59p RICK gIRZ 407-313-8220 4 G Im n -a f0 C'0 0 .� -Z 116 [�"p �• �• O �� [C r+" 51 S t3R rr �. E" ft y A �, A CM orb ;a_ N� m d p.2 0 Rick Diaz, P.E. Professional History Page 9 s*7r • � ] RICARDO A. DIAZ OBJECTIVE EXPERIENCE EDUCATION TO OWN ONE OF THE MOST RESPECTED AND PROFITABLE UNDERGROUND UTILITIES COMPANIES 2002-PRESENT STRAIGHT LINE LINE ENGINEERING GROUP MIAMI, FL PRESIDENT ■ CONTRACTOR FOR MULTIPLE UNDERGROUND UTILITIES COMPANIES/GOVERNMENT ENTITIES. 2002- PRESENT H&J ASPHALT MIAMI, FL PROJECT MANAGER • MANAGED 6 MILLION DQI„I..AR WORK ORDERS IN MIAMI- DADE COUNTY DEALING WITH DRAINAGE, 2000--2002 SHASA ENGINEERING MIAMI, FL PROJECT MANAGER, EQUIPMENT OPERATOR, FOREMAN, COMPTROLLER ■ OVERSAW VARIOUS PROJECTS FOR MIAMI DADE COUNTY PUBLIC WORKS DEALING WITH DRAINAGE 199&2000 HUGHES SUPPLY INC MIAMI, F'L COUNTER SALES, INSIDE SALES, OUTSIDE SALES/ WATER AND SEWER DIVISION 1990-1 998 DIFFERENT WORK EXPERIENCE ORLANDO/MIAMI, FL OTHER WORK EXPERIENCE • ASSITED AND LEARNED ON SEVERAL WATER AND SEWER PROJECTS WITH DIFFERENT COMPANIES IN THECENTRAL, AND SOUTI-I FLORIDA AREAS. REFRENCES AVAILABLE UPON REQUEST. 1994.-1 996 SEMINOL.E COMMUNITY COLLEGE SANFORiD, FL ■ COMPLETFD TWO YEARS 1 990-1 99t4 LAKE BRANTLEY HIGH SCHOOL ALTAMONTE SPRINGS, FL. • HIGH SCHOOL DIPLOMA 8382 NW 70"' STREET MIAMI, FLORIDA 33166- PHONE (786)845-8499- FAX (786) 8 45-8497 - E-MAIL RICKYDIAZ@STRAICHTLINEENGINEERING.COM 0 11 MANUEL. A. VICENTE HOME ADDRESS _......._._._......._..._.......... ...... _..-----...-----.................----._._._._._...........__.._...........__.._ .._._._._. _..-._. 4971 NW 51 `rr STREET COCONUT CREEK, FL 33073 EDUCATION ....._....m.._..m...._...._...m........... .m..._..... .... ................ ... ................. 1 978 - 2003 POMPANO BEACH, FL • TECHNICAL CERTIFICATES RELATED TO MARINE INDUSTRY • ELECTRICAL CERTIFICATES RELATED TO MARINE INDUSTRY 1 977 - 1 978 DAYTONA BEACH COMM. COLLEGE DAYTONA. FL 1 975 - 1 976 UNIVERSITY OF f UERTO RICO MAYAGUEZ, PR 1970- 1974 ESPIRITU SANTOS SAN JUAN, PR • HIGH SCHOOL DIPLOMA EXPERIENCE 2003 - PRESENT STRAIGH'rLINE ENGINEERING GRP. INC. MIAMI, FL PROJECT MANAGER • DRAINAGE. WATER, & SEWER PROJECTS • SIDEWALK INSTALLATION CONSISTING OF SIDEWALKS, DRIVEWAYS, CURB & GUTTER, AND FENCING. • FPL DUCT BANK INSTALLATION 1 997 - 2003 HIDEAWAY MARINA POMPANO BEACH, FL SERVICE MANAGER/ WARRANTY MANAGER 1 994.1 997 OCEAN HARBOR MARINA POMPANO BEACH, FL SERVICE MANAGER/ WARRANTY MANAGER 1980-1994 MARINA OWNER/OPERATOR PERSONAL REFERENCES _ ......._._......_.................._.._.._. -- - �----:3C0-T�' SANUSTROM,...-_-.-.....y._.�,..,......_.......__......... ._-._......_...V..-..�......_�__..._....._.___.._._.__._.. (954) 868-4461 • RICARDO DIAZ (786) 31 6-1 679 • JAMES CARTER (954) 401.1 1 75 MICELLANEOUS _ "MOT CFRTIf=IFf] • ABYC CERTIFIED 8382 NW 70TH STREET MIAMI, FL 33166 P: (786) 295-2767 STRAIGHTLINE ENGINEERING GROUP, INC. Financial Statements and independent Accountants' Review Report December 31, 2006 and 2005 0 • STRAIGHTLINr ENGINEERING GROUP, INC. TABLF OF CONTE.NTS Page Independent Accountants' Review Report ............................................. 2 Financial Statements: BalanceSheets. ..................................................................... 3 Statements of income and Retained Farnings.................................. 4 Statements of Cash Flows.......................................................... 5 Notes to the Financial Statements ................................................. G — 10 Supplemental Information: Schedule of Earnings from Contracts... ........................................ 1 1 Schedule of Contracts Completed ................................................. 1.2 Schedule or Contracts in Progress ................................................ 13 General and Administrative Lxpenses............................................ 14 J. LABRADOR, P.A. CERTIFIED PUBLIC ACCOUNTANTS suite 302 85 Grand Canal Drive Miami, Florida 33144 TEL. (305) 262-1600 FAX (305) 262-1601 E-mail: Into@iabrador-epa.com www.1abrador-cpa.00m MCMSERS: AMERICAN R FLORIDA INSTITUTES OF CLRTIFIEU PUBLIC ACCOUNTANTS NATIONAL ASSOCIAT ION OF CFRTIFIED VALUATION ANALYSTS "INDEPENI)F.NT ACCOUNTANTS' REVIEW REPORT" To the Stockholder STRAIGHTIANE ENGINEERING GROUP, INC. We have reviewed the accompanying balance sheets of STRAIGHTLINE ENGINEERING oROUP, INC.. as of December 31, 2006 and 2005 and the related statements of income and retained earnings and cash flows for the years then ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of the management of STRAIGHTLINE ENGINEERING GROUP, INC. A review consists principally of inquiries of company persomiel and analytical procedures applied to financial data. It is substantially less in scope than an examination in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion. Rased on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in conformity with generally accepted accounting; principles. Our review was made for the purpose of expressing limited assurance that there are no material modifications that should be made to the financial statements in order for them to be in conJonnity with generally accepted accounting principles. The information contained on the schedules of earnings from contracts, completed contracts, contracts in progress and general and administrative expenses is presented only for supplementary analysis purposes. Such information has been subjected to the same inquiry and analysis procedures applied in the review of the basic financial statements and we are not aware of any material modifications that should be made to them. 2007 Miami, 2 • STRAIGHTLINE ENGINEERING GROUP, INC. BALANCE SHEETS DEChMBER 31, ASSETS CURRENT ASSETS Cash Contracts receivable Costs and estimated earnings in excess of billings on uncompleted contracts Total current assets PROPERTY AND EQUIPMENT - NET LOAN TO AFFILIATE OTHER ASSETS 0 2006 2005 $ 79,025 $ 1.4,131 911,219 957,685 25,637 6,147 1,015,881 977,963 237,567 30,730 33,188 26,900 3,713 3,713 $ 1,290,349 $ 1,039,306 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Short-term borrowings $ 47,275 $ 50,000 Current portion of long-term debt 46,615 7,689 Accounts payable - trade 506,426 720,617 Accrued expenses 1,451 1,375 Billings in excess of costs and estimated earnings on uncompleted contracts 307,752 119,234 Total current liabilities 909,519 998,915 LONG - TERM DEBT 123,113 11,670 DUE TO STOCKHOLDER 3,527 STOCKHOLDER'S EQUITY Common stock - 7,500 shares of $1 par value 2,527 authorized, issued and outstanding 7,500 7,500 Retained earnings 246,690 118,694 254,190 126,194 $ 1,290,349 $ 1,039,306 Read Accountants' Review Report The accompanying notes are an integral part of this statement 3 0 STRAIGI ITLINE ENGINEERING GROUP, INC. STA,rEMENTS 01' INCOME AND RI'TA1NF.D EARNINGS FOR T1IE YEARS ENDED DECEMBER 31, Contract revenues earned Cost of revenues earned Gross profit General and administrative expenses Income (Loss) from operations Interest expense Net income (Loss) Retained earnings at the beginning of the year Retained earnings at the end of the year 2006 $ 3,326,910 2,661,051 665,859 516,434 2005 $ 4,494,972 3,868,570 626,402 633,696 149,425 (7,294) (21,429) (6,272) 127,996 (13,566) 118,694 132,260 $ 246,690 $ 118,694 Read Accountants' Review Report The accompanying notes are an integral part of this statement 4 • STRAIGHTLINE ENGINEERING GROUP, INC. STATEMENTS OF CASH PLOWS FOR THE YEARS ENDED DECEMBER 31, Cash flows from operating activities: Net income (1,0ss) Adjustments to reconcile net income to cash provided by operating activities: Depreciation Changes in assets and liabilities: Decrease (increase) in contracts receivable Decrease (increase) in costs and estimated earnings in excess of billings on uncompleted contracts Increase in other assets Increase (decrease) in accounts payable Increase (decrease)in accrued expenses Increase (decrease) in billings in excess of cost and estimated earnings on uncompleted contracts Cash flows provided by operating activities Cash flows used in investing activities: Purchase of property and equipment Cash flows provided by (used in) financing activities: Short-term borrowings (repayment) Repayment of loans Loan to affiliate Loans from stockholder Repayment to stockholder Net increase in cash Cash at the beginning of the year Cash at the end of the year 2006 2005 $ 127,996 $ (13,566) 13,268 31459 46,466 (430,269) (19,490) 42,777 - (3,413) (214,191) 438,526 76 (12,681) 188,518 142,643 (6,146) 18,687 (53,003) (4,670) (2,725) (16,733) (6,288) 1,000 (24,746) 64,894 14,131 50,000 (3,922) (26,900) (23,713) (4,535 9,482 4,649 $ 79,025 $ 14,131 Su lemciitary cii_sclosure of cash, flow information Non -monetary investing and financing transactions: Cash paid for interest $ 21,429 $ 6,272 Debt incurred to acquire equipment $ 167,102 $ 23,284 Read Accountants' Review Report The accompanying notes arc an integral part of this statement 5 STRAIGI-ITLIN.F. FAINEERING GROUP, INC. NOTES TO TI LE; FINANCIAL, STA`i'EMENTS NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES General 'l'he Company was incorporated under the laws of the State of Florida and began operations in April, 2002. The Company was created for the purpose of performing general construction contracts. The work is normally performed under fixed -price contracts. All projects are located in the South Florida area. Use of estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. _Revenue recognition Contract revenue is recognized using the percentage -of -completion method. Under this method, the percentage of contract revenue to be recognized currently is computed as that percentage of estimated total revenue that incurred costs to date bear to total estimated costs, after giving effect to the most recent estimates of cost to complete. It is reasonably possible that changes in estimates may occur in the near term. Revisions in cost and revenue estimates are reflected in the period in which the facts which require the revision become known. When the revised cost estimates indicate a loss on an individual contract, the total estimated loss is provided for currently in its entirety without regard to the percentage of completion. Contract costs include all direct material, labor, subcontractor costs and those indirect costs related to contract performance, such as indirect labor, supplies, equipment rental. and repairs. Selling, general, and administrative expenses are charged to operations as incurred. The asset "cost and estimated earnings in excess of billings on uncompleted contracts", represents revenues recognized in excess of amounts billed. The liability, "billings in excess of costs and estimated earnings on uncompleted contracts", represents billings in excess ofrevenucs recognized. Depreciation Depreciation is provided for on the straight-line method over the estimated useful lives of the assets. Lon -Lived Assets long-lived assets, such as property and equipment, are reviewed on an ongoing basis for impairment based on comparison of carrying value against undiscounted future cash flows. if impairment is identified, the assets carrying amounts are adjusted to fair value. There were no such adjustments during the years ended December 31, 2006 and 2005. 6 0 0 STPAIGHTLINE ENGINEERING GROUP, INC. NOTES TO THE FINANCIAL STATEMENTS NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES -- CONTINUED Income Taxes The Company uses the percentage -of -completion method of reporting income from long- term construction contracts for financial statements purposes and the cash method for income tax purposes. The Company has elected, with the consent of its stockholder, to be taxed as an S corporation under the provisions of Section 1372 of the internal Revenue Code and state laws. Under these provisions, the Company does not pay federal. or state income taxes on its taxable income. Instead the stockholder is liable for individual income taxes on their respective share of the Company's income. As of December 31, 2006, approximately $ 84,000 of income will pass through to the stockholder. Accordingly, no distributions arc expected for the purpose of satisfying the tax duc from the S Corporation income. All income has been deferred to long-term. Istimated taxable income pass -trough to stockholder $ 84,000 Fl1ective tax rate 28 % Estimated stockholder's current tax liability $ 23,520 I,css: estimated tax deposits and credits - Net stockholder's current federal tax liability $ 23,520 Although not accrued in the accompanying financial statements, the gross long term deferred federal income that could pass through to the stockholder as of December 31, 2006 is as follows: Deferred Difference in revenue recognition related to the conversion of percentage of completion to cash basis of accounting $ 405,000 NOTE. 2 — CONTRACTS RECEIVABLE Contracts receivable are as follows: Billed Completed contracts and service Due Contracts in progress Due Retainage 2006 $ 90,524 646,898 173.797 2005 $ 679,211 143,495 134.979 $ 911,219 $ A57,685� 7 ! i STRAIGHTLINE ENGINEERING GROUP, INC. NOT[:S '1'O THE FINANCIAL STATEMENTS NOTE 2 — CONTRACTS RECEIVABLE — CONTINUED Contracts receivable as of December 31, 2006 are aged as follow: 0 -- 30 days 31 — 60 days 61 — 90 days Over 91 days CZetainage $ 654,898 1,800 80,724 173,797 $ 911,219 The Company collected approximately $ 407,000 of the receivables through February 26, 2007. NOTE 3 — COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS Costs incurred on uncompleted contracts l;stimated earnings Less: billings to date Costs and estimated earnings in excess of billings on uncompleted contracts Billings in excess of costs and estimated earnings on uncompleted contracts NOTE4—BACKLOG 2006 $ 1,455,968 623,985 2,079,953 (2,362,068 $ (282,111 $ 25,637 2005 $ 2,136,673 391,361 2,528,034 2,641,121 } $ (113,087) $ 6,147 307,752 (119,234) f$ (282,115) (113,087) The following is a reconciliation of backlog representing signed contracts in existence as of December 31; 2006 2005 Balance at the beginning of the year $ 231,666 $ 338,356 New contracts and adjustments 5,065,613 4,388,282 5,297,279 4.726,638 Less: contract revenues earned for the year 3,326,910 ' _(4,494,972) Balance at the end of the year $ 1,970,369 $ 231,666 8 0 • STRAIGH,rLINE ENGINEERING GROUP, INC. NOTES TO TFiF: FINANCIAL STATEMFiN'CS NOTE. 5 — CONCENTRATION OF CREDIT RiSK The Company maintains its cash balances in financial institutions in Miami, Florida. The balances are insured by the Federal Deposit Insurance Corporation up to $1.00,000. These balances may at times exceed insured limits. 'I'lie Company as of December 31, 2006, had 83 % of their receivables with two customers. The Company as of December 31, 2005, had 96 % of their receivables with three customers. NOTE. 6 — RELATED PARTY TRANSACTIONS 'rhe Company's stockholder has lent $ 3,527 to the Company under an unsecured note payable due on July 31, 2007. 'The Company has lent an affiliate $ 33,188 under an unsecured note payable with no due date. The Company and this related company mentioned above arc not considered variable interest entities under FASR Interpretation 46 — Consolidation of Variable Interest Entities. Accordingly, the accompanying financial statements have not been consolidated with this related company. NOTE 7 — MAJOR CUSTOMERS The Company earned revenues during the year ended December 31, 2006 from four customers that individually accounted for more than 10% of the total revenues earned during the year. Revenues earned rrom these customers amounted to $ 1,088,651, $ 570,061, $ 537,524 and $ 466,996. The Company earned revenues during the year ended December 31, 2005 from three customers that individually accounted for more than 10% of the total revenues earned during the year. Revenues earned from these customers amounted to $ 1,837,145, $ 1,525,571, and $ 499,159. NOTE 8 — ASSIGNMENT OF RIGHTS AND PROPERTY UNDER INDEMNITY AGREEMENT In order to procure a bonding line, the Company has assigned certain rights and property as collateral to secure its obligations under the indemnity agreement. These rights consist principally of rights under construction contracts, subcontracts, insurance policies and legal claims. The property assigned consists of all property and equipment, cash and accounts receivable. 9 STRAIGHTLINE EffijINEERING GROUP, INC. NOTES "f0 ,rHE FINANCIAL STATEMENTS NOTE 9 — PROPERTY AND EQUIPMENT Depreciation for the years ended December 31, 2006 and 2005 was $ 13,268 and $ 3,459 respectively. Costs, accumulated depreciation, and estimated useful lives as of December 31 are as follows: Estimated ate_... useful lives 2006 gory .._._..._ Machinery and equipment 7 Years $ 245,889 Office equipment 5 Years 9,277 Furniture 5 Years 500 255,666 Less: accumulated depreciation. (18,099) $ 237,567 NOTE, 10 — LINE OF CREDIT 2005 $ 25,784 9,278 500 (4,832) $ 30,730 The Company has secured with assets held by the stockholder a line of credit of $ 50,000 bearing interest of 10.25 %, with a maturity date of June 2007. As of December 31, 2006 there was $ 47,275 due by the Company under the line of credit. NOTE 11 — LONG-TERM DEBT ['he Company's long-term debt consists of the following: KITIT6' 11TW Machinery and equipment financing with a loan payable in monthly installments from $ 786 to $ 4,040 including an interest rates of 7.50 % to 9.40 % and a maturity date of June 2008 to September 2010. $ 169,728 $ 19,359 Less: current portion Future principal payments of these notes are as follows: Year (46,615) (7,689) $ 123,113 $ 11,670 Amount 2007 $ 46,615 2008 43,830 2009 44,031 2010 35,252 $ 169,728 10 C� E STRAIGHTLINE ENGINEERING GROUP, INC. Schedule of Farnings from Contracts For the year ended December 31, 2006 (Read Accountants' Review Report) Contract Cost of Revenues Revenues Gross Earned Earned Profit Contracts completed during the year $ 1,246,957 $ 1,205,083 $ 41,874 Contracts in progress at the end of the year 2,079,953 1,455,968 623,985 $ 3,326,910 $ 2,661,051 $ 665,859 H M •G et r1 N 00 T Ni1 eV1 N --iJ ✓ ... M1 ^'r O 6 ri O G. 69 CA � �n O V1 +1• � a en M M a �1 M r r, vo a rn N m d a�i �] o C n N n �Ci rn fr G] O N C •i r1 N r` V'1 O N Kri rn d N v o V oC a y cn co rn kn Nn w CD C. zr v. ..r r- 9 '� T O� e enb 11 N 17, ti C rri' '4D �o r: ri 166 LL.7 (tl GL: W fil-I c^ of\D 4 -�nD N 01 r1 ti (f? 49 UCA b d CC O�:l oo sD d M p ' v a rn n t0 vl N a - Fj PA p' 4'"' In � N C7 C tl oo �o oo -" M i y 6 Y N rn � • • � � � U o oo' W tl 10 .o ri r W�ar Fy' W ry Q � b9 69 � O ed W J O U W G] V1 M C7 On '.0 ` r`I n r•1 r+ PJ �o 00 00 M v � 4 h! %D v) y � d f'•••' n �t t• ,Nr 00 00 m O ^V1 fn W) O eTM en d N O ell � N rn Q � re'1 �D N N ^• rr1 f• V'1 r'i r^ yuv o u" to 4 n rn � N 4 iT v C rp �n Tt .D rn ID r m N r! Q d n rt t '. R' W to i• y C w. N v cc ai .� m x ca 1 � U 12 a ra n b m ao T vP of t-- O, 00 K C7 a. r� a a p �' r l r•i oo �d y o 1 �w x. N G !� O � • � . b f. ��WUI,aW v, � v 2-F (•--Jl� "' c to �r ram•-• °� ' � •- u�i o n � h OM a 4 O •T b oC W m � � � � � ❑ hl � � o � w c7 !Z � Q r 0 G � ;n Y+ y Chi ll C�, K m O hl v � rl i .ro � 1•.. c M 0 rr} ry 00 0 o j � ernes� [S .�{{ eE N 8 41 O •^ W N N V N ram, M� j ^S O O 1•• v vl W ry O a 9 ti a c r TA 13 0 STRAIGHTL,INE ENGINEERING GROUP, INC. GENERAL AND ADMINISTRATIVE, EXPENSES FOR THE YFaARS ENDED DECEMBER 31, 2006 Advertising $ 18,532 Automobile expense 68,587 Bad debt expense - Bank charges 4,572 Insurance 101,637 Licenses and taxes 2,674 Mcals and entertainment 4,765 Miscellaneous expense 2,546 Office expense 8,732 Payroll taxes 12,535 Professional fees 40,218 Rent 42,726 Repairs and maintenance 26,701 Salaries Officers 87,000 Salaries - Office 69,694 Telephone 23,989 Utilities 1,526 $ 516,434 Read Accountants' Review Report 2005 $ 263 106,544 52,665 1,865 73,106 5,934 26,764 3 3, 842 21,379 21,959 23,009 19,776 18,440 54,000 144,465 28,359 1,326 $ 633,696 14 • me �J STRAIGHTLINE ENGINEERING GROUP INC. DRUG FREE WORK PLACE Straightline Engineering Group, Inc. is a Drug Free Work Place. Part of the New Hire procedure is for the prospective employee to have a drug test taken. If the prospective new hire comes out positive on the test, the person will not be hired. The company also does random drug testing throughout the year. If someone that has already commenced his / her employment with the company comes out positive on a random drug test, he / she will be put on a ninety (90) day suspension period with no pay and upon commencing their employment again will have another drug test given to confirm their abstinence from drugs. The company will only allow for this type of situation one time. If the situation re -occurs with the same employee, termination will be automatic. I, __ , agree to take a drug test prior to commencing employment with Straightline Engineering Group, Inc. and agree to random drug testing throughout the course of my employment with them. Employee Signature: Date: Witness: 8382 NW 7G"" STREET MIAMI, FL 33166 P:(786) 845.6499 F: (786) 845.8497 RAD$FG1 @BELLSdUTH.N,E.T STRAIGHTLINE ENGINEERING GROUP, INC. Drug -Free Workplace Policy ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING I hereby acknowledge that I have received and read a summary of the Company's Drub; -Free Workplace policy. 1 have had an opportunity to have all aspects of this material fully explained. I understand that the full text of the Drug -Free Workplace policy is available upon request. I also understand that I must abide by the policy as a condition of employment, and any violation may result in disciplinary action, up to and including discharge. Further, I understand that during my employment I may be required to submit to testing for the presence of drugs or alcohol. I understand that submission to such testing is a condition of employment with the Company, and disciplinary action up to and including discharge may result if: 1) 1 refuse to consent to such testing, 2) 1 refuse to execute all forms of consent and release of liability as are usually and reasonably attendant to such examinations, 3) I refuse to authorize release of the test results to the Company, 4) the tests establish a violation of the Company's drug -free workplace policy, 5) 1 otherwise violate the policy. If I am injured in the course and scope of my employment and test positive, I forfeit my eligibility for medical and indemnity benefits under the Workers' Compensation Act upon exhaustion of the remedies provided in Florida Statute s440.102(5J I also understand that the drug -free workplace policy and related documents are not intended to constitute a contract between the Company and me, and that this policy is subject to change at the Company's sole discretion. I further state that I have read the foregoing acknowledgment and knows the contents thereof and signs the same of my own free will. Print Name: Date: Signature:: Witness: A"1TACI-11;MFNT 11 AYMCHMENT 13 (Company Official) i (RETAIN THIS DOCUMENT IN YOUR PERSONAL FILES) DRUGS WHICH MAY ALTER OR AFFECT A DRUG TEST The following list are the most common medication by brand name or common name, and chemical name which may alter or affect a drug test. Due to the large number of obscure brand names and constant marketing of new products, this list is not intended to be all inclusive. The Florida Department of Health and Rehabilitative Services list of common medications are: 1. ALCOHOL, All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol. content. As an example, Vick's Nyquil is 25% (50 proof) ethyl alcohol, Comtrex is 20% (40 proof), Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 prool). Il. AMPHETAMINES Obctrol, Biphetamine, Desoxyn, Dexedrine, Didrex, lonamine, Fastin Ill. CANNABINOIDS Murinol (Dronabinol, 'ITIC) IV. COCAINE Cocaine I ICI topical Solution (Roxanne) V. PHENCYCLIDINE Not legal by prescription V1. METHAOUALONE Not legal by prescription V 11. OPIATES Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Fmpirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Fxpectorant, Dilaudid (Hydromorphonc), M-S Contin and Roxanol (morphine sulfate), Percodan, Vicodin, Tussi-organidin, etc. Vill. BARBITURATES Phenobarbital, 'tuinal, Amytal, Nembutal, Scconal, Lotusate, Fiorinal, Fioricet, Lsgic, Butisol, Mcbaral, Butabartital, Butabital, Pihrenilin, `triad, etc. IX. BENZODIAZFPINES Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, 7,anax, Serax, Tranxene, Valium, I lalcion, Paxipam, Restori1, C.'entrax. X. METHADONE Dolophine, Methadose X1. PROPDXYPHENF. Davocet, Darvon N, Dolene, etc. Arl-FACHMENT B 0 • ME STRAIGHTLINE ENGINEERING GROUP INC. Straightline Engineering Croup, Inc, 8382 NW 70Street Miami. FL 33166 1 lereafter referred to as " the Company" or this Company" has adopted this policy and plan ,sident/ Owner Dated: 4/ 22/05 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIR.MITIVE ACTION POLICY AND PLAN EEO/AA POLICY STATEMENT It is the policy of this Company to comply and cooperate to the fullest extent with all applicable regulations of the Equal Employment Opportunity Provisions ofthe Civil Rights Act of 1964, Executive Order 11246, the Rehabilitation Act of 1973 (29 U.S.0 793), the Americans with Disabilities Act (ADA) of June 26, 1990 and the Vietnam Era Veterans Readjustment Assistance Act of 1972, all as amended. This policy pertains, as far as the responsibility of this Company is concerned, to any arrangement under which employees, including trainees, are selected to work. It is the policy of this Company not to discriminate against any employee or applicant for employment because of race. religion, color, age, sex, and national origin, disabilities or Vietnam Era and Special Disabled Veterans status. This Company will take affirmative action to assure an equal employment opportunity to all qualified persons, and that employees are treated equally during employment without regard to their race, religion, color, age, sex, national origin, disabilities, or Vietnam Era and Special Disabled Veteran's status. Such action shall include but not limited to: I . Lmployment, upgrading, demotion, or transfer 2. Recruitment and recruitment advertising 3. Layoff or termination 4. Rate of pay of other forms of compensation 5. Selection for training, including apprenticeship, pre -apprenticeship and/or on -the -jab training. EEO OFFICER DUTIES It is the policy of this Company to continuously maintain the appointment of an Equal Employment Opportunity Officer (EEO Officer). The name and contact information for the EEO Officer will be communicated along with this policy. The EEO Officer has responsibility for effectively administering and promoting an active program of equal employment opportunity, The EEO officer will coordinate the EEO efforts of superintendents, supervisors, foremen and others in the position of hiring personnel. This Company's EEO Officer has the responsibility for effectively administering and promoting an active program of equal employment opportunity within the Company. The EEO Officer will make recommendations, where appropriate, to correct any deficiencies found in the Company's program. The EEO Officer will ensure that this policy and plan are being carried out. EEO/AA PLAN It is the policy of this Company that there not be any discrimination by virtue of race, religion, color, age, sex, national origin, disabilities, or Vietnam Era and Special Veteran's status, in the functions of hiring, placement, up -grading, transfer or demotion. In addition, there shall not be any discriminatory practices in recruitment, advertising, or solicitation for employment, rates of pay or other forms of compensation, selection for training including apprenticeship, layoff or termination, or treatment during employment. The Company has affirmative action obligations in the hiring of minorities, females, disabled and veteran's applicants. We will not use goals, timetables or affirmative action standards to discriminate against any person because of their race, religion, color, age, sex, national origin, disabilities, or Vietnam Era and Special Disabled Veteran's PAGE 1 OF 4 0 0 MIS STRAIGHTLINE ENGINEERING GROUP INC. status. The Company will not transfer minority or female employee or trainees from one Company to another or from project to project for the sole purpose of meeting goals_ This Company shall take specific affirmative actions to ensure equal opportunity. Our compliance with this policy and plan shall be based upon our efforts to achieve maximum results from our actions and we shall document our efforts fully. This Company will implement specific affirmative action steps, at least as extensive as the following actions to ensure equal employment opportunity. 1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all times and in all ftcilitics at which our employees are assigned to work. We shall specifically ensure that all foremen, superintendents and other on -site supervisory personnel are aware of and carry out our obligations to maintain such a working environment, with specific attention to minority or female individuals working, at such sites or in such facilities. 2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when we have employment opportunities available, and maintain a record of the organization's responses. 3. Maintain a current file of"the names, addresses and telephone number of each minority and females off -the - street applicant or fcmale referral from a union and minority or female referrals tram a union, a recruitment source or community organization and ol'what action was taken with respect to each such individual. If such individual was sent to the Union hiring hall fir relerral and was not referred back to the Company by the union or, if referred, not employed by the Company, this shall be documented in the file with reason therefore; along with whatever additional actions the Company may have taken. 4. Provide immediate written notification to the Director when the union or unions with which we have collective bargaining agreement have not referred to us a minority person or woman sent by us, or when we have other information that the union referral process has impeded our efforts to meet our obligations. 5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Company's employment needs, especially those programs funded or approved by the Department of Labor. We shall provide notice ofthese programs to the sources complied under "T' above. 6, Disseminate the company Er-O policy notice by providing notice to unions and training programs and requesting their cooperation in assisting us in meeting our FFO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review ofthe policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulleting boards accessible to all employees at each location where construction work is performed. 7. Review, at least annually, the Company's EEO policy and affirmative action obligation', under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsitc supervisory personnel such as Superintendents, General Foremen, etc. prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter. S. Disseminate the Company EEO policy externally by including it in any advertising in the new media, specifically including minority and female news media and proving written notification to and discussing, the company EEO policy with other contractors and subcontractors with whom the company does or anticipates doing business. PACE 2OF4 0 STRAIGHTLINE ENGINEERING GROUP INC. Direct our recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to female recruitment and training organizations serving our recruitment area and our employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, we shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 10. We will encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide alter school, summer and vacation employment to minority and female you, both on the site and in other areas of our workforce. H. Validate all test [md other selection requirements where there is an obligation to do so under 41 CFP Part 60-.i, 12. Conduct at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to prepare for, though appropriate training, etc. such opportunities. 13. 13nsure that seniority practices, job classifications, work assignments and other personnel practices, do not have discriminatory alTect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and our obligations under these specifications are being carried out. 14. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilets and necessary changing facilities shall be provided to assure privacy between sexes. 15. Document and maintain a record of all solicitations of offers for subcontractors from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations kind other business associations. 16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the company EEO policies and affirmative action obligations. RECORDS This Company will keep records to monitor all employment related activity to ensure that the company's I;tiO policy is being carried out. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation ifany, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper, or laborer), dates and changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. REPORTING OF COMPLAINTS If at any time anyone feels he or she has been discriminated against because of sex, race, religion, color, age, national origin, disabilities or Vietnam Lira and Social Disabled Veteran status, thy should report his matter to the company EEO Officer whose name and contact information is communicated along with this policy. The EEO Officer will investigate all complaints of alleged discrimination made to the company in connection with its contractual obligations. The FF.O Officer will attempt to resolve such complaints, corrective actions to be taken and will the follow up on actions taken and their effect. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective actions shall include such other persons. Upon completion of each investigation, the LE0 Officer will inform complainants of all of their avenues ol'appeal. The following are the addresses for avenues for appeals. F'AGE3OF4 E • "'N STRAIGHTLINE ENGINEERING GROUP INC. Company EEO Officer Florida Commission an Human Relations C;ristina 1, Diaz 2009 Apalachee Parkway STE 100 8382 NW 70"' Street. Tallahassee, FL, 32301-4857 Miami, Fl. 33166 (850) 488-7082 or (800) 342-8170 (305) 234-2678 U.S. Denartment of Labor. Revional Director I U.S. Federal HiQhwav Administration Office of Federal Contract Compliance 227 N. Bronough Street, Room 2015 61 Forsyth Street, SW, Room 7B-75 Tallahassee, FL 32301 Atlanta, GA 30303 (850) 942-9650 (404)562-2424 U.S. Equal Emplovment Opnortunity Commission Miami District Office One Biscayne "Tower, STE 2700 Miami, FL 33131 (900) 669-4000 PAGE. 4 OF 4 0 • STRAIGHTLINE ENGINEERING GROUP, INC. Previous Project Experience Tntity Worked for Scope of Work of Project lContact Person from Entity :Miami Dade County/1-I&J Asphalt Inc. INW 58th Street Humber Lorenzo 4310 NW 35th AveInstallation of Roadway Concrete Drainage P: (305) 634-3342 !Miami, Ff. 33142 Under water using water control. Installation F: (305) 634-3313 1 of G uardrai Is ..,... MiamDade ade County/H&J Asphalt Inc.. 1WO 913 I lumber Lorenzo -.-F..___,...... :4310 NW 35th Ave ilnstallation of Roadway Concrete Drainage P: (305) 634-3342 (Miarnl FL 33143 Under water using water control. IF: (305) 634-3314 i t Recreational Design and Construction Royal Oaks Park 13990 N. Powerline Road Installation of Drainage, Water, & Sewer P: (954) 566-3885 I Ft. Lauderdale PL 33309 FF(954) 566-3335 City of North Miami/II&J Asphalt, Inc. y � phalt, Ic !NW 125th Street Aleem Ghany 1776 NE 125th Street Installation of Drainage, Pavers, Sidewalk P: (305) 787-1005 1 North Miami, FL 33161 Curbs, Driveways, and Asphalt. 17: (305) 787-1008 City of North Miarni/H&J Asphalt, Inc. l3reezeswept Aleem Ghany 776 Nh; 125th Street Installation of Drainage, Pavers, Sidewalk P: (305) 787-1.005 North Miami,,PL 33161 _ Curbs, 1]rivcways,and Asphalt. F: I;_i051787-1Dg8, fGlobc`I'ec Construction 1"I'L Brickell Tony Azenza 14774 N Powerline Rd Installation of FPL Duct Banks P: (954) 590-3305 i um anu B�ac.h, I Lmm>3074 .. _ _ __.P__ _ _.._..___..._.__ _. ........_...... _ _ ......_....) -3308 F: 954 0 590...�._.-_.._.._ 61obeTec Construction FPL Brickell Tony Azenza 4774 N Powerline Rd Installation oi'FPL Duct Banks P: (954) 590-3305 ......, .p..._.....no 1Miama L_.)_......_..__........._.._........._.._.._..._.. Dade County/ I&J Asphalt Inc. -Capital Improvements Humber Lorenzo9 4310 NW 35th Ave ' Installation of Roadway Concrete Drainage P: (305) 634-3342 1 Miami, Ff, , 33142 }Under water using water control. F: (305) 634-3313 I _._.._.' Recreational Design and Constructio,_n __ ........_...._._.._......._.__.._...-----._................ _ __.._....._ Marathon Community Park ._....._.,.....,.._.. .._.__....... ..................... ........ 1 3990 N. Powerline Road Installation of' Drainage, Water, & Sewer IP: (954) 566-3885 Pt. I audcrdalc,�.....,.,_...�` .._. _ ._._._..�_ P: �54Z566-3336 Flt Paschen ..._._.....__.___. _.._._.._ Segment E'27 j Nina Castro 3303 W Commercial Blvd, STF. 190 ilnstallation of Drainage, Sidewalk P: (954) 730-8503 Ft. Lauderdale, FL 33309 �Curbs, Driveways, and Asphalt. f: (954) 730-8504 ...... ._...... ..... ........... .... ... ..... _........ _. . _. _ ........... I I _ _ -- City of Hallandale Beach Installation of Sidewalks, Driveways Curb Carlos Hernandez 630 NW 2nd Street IMP: (954)458-3251 If Beach, Fl,_:13009 _____ ___ __..... f` 57 (954)4_I342 _m{ ,City of Lauderdale Lakes I Installation of Sidewalks, Driveways Curb 4300 NW 36th Street P: (954) 535-2743 ! Lauderdale Lakes FL, 33319 1 ! 8382 NW 70TH STRFFT.MiAMI, FL.331 66 F: (786) 645-8499 F: (786) 84-9-8497 EMAIL: CDIAZC'STRAIGHTLINEENGINEERING.COM STRAIGHTLINE ENGINEERING GROUP, INC, Entity Worked For City of North Miami :776 NE 125th Street North Miami, FL 33161 ;'City of Sunrise Civic Center 10610 W. Oakland Park Blvd. iSunrseFL 3335i, 1... .... Globc'l'cc Construction 4774 N Powerline Rd r'crmpdn� [3cach,�.e1...33073..........._............ _............ IMastec,Fnergy Services 13255 SW 137 Avenue STE' 212 Miami, Florida 33186 13990 ead PowerlineDDesign an .-..on _.ucti d Construction i d fownuderdale FL 3331 I of Davie !6591 Orange Drive `Davie eFL 33314 City of Miami Gardens _...... .._...._.. ................._.. 11515 NW 167th Street Bldg 5 Miami Gardens F1. 3.3169 !City of Miramar i2300 Civic Center Place (City of Tamarac 'f6011 Nob Hill Rd. Tamarac F'L 33321 d....................................a..............._...... .....,,,,.,,....,.......,._... Recreational Design and Construction i i3990 N, Powerline Road jFt. -Lauderdale. FL 33312 Recreational Design and Construction ?3990N. Powerline Road Pt. Lauderdale_ F1. 33313 Previous Project Fxperience Scone ot' Work of Proiect A,C.N. Drainage Improvements Installation of Drainage, Sidewalk Curbs, Driveways, and Asnhalt,_�_ ...__- ................................. Installation of Sidewalks, Driveways Curb Marlin Ray Installation of Water, Sewer, & Drainage Various Purchase Orders I-'PL Duct Bank Work Little Haiti Installation of Drainage, Water, & Sewer installation of Sidewalks, Driveways Curb Installation of Sidewalks, Driveways Curb Fencing Installation of Sidewalks, Driveways Curb Installation of Sidewalks, Driveways Curb Grapeland Park Installation of Drainage, Water, & Sewer CB Smith Installation of Lift. Station, Water, & Sewer 8382 NW 74TH STREET.MIAMI. FL.33166 P: (786) 845-8499 F: (786) 845-8497 EMAIL: GDIAZaSTRAIGHTL-INEF_NGINEERING.GDM Contact Person from Aleem Ghany P: (305) 787-1005 F: 305 787-1008 Holly Raphaelson P: (954) 572-2274 F: (954) 572-2278 Tony Azenza P: (954) 590-3305 590-3307 Eduardo Caro P: (305) 238-0404 17: (305) 2.38-8882 P: (954) 566-3885 F: (954) 566-3337 P: (954) 797-1016 Mariana Pitiriciu P:(305)622-8000 x2286 F: (3U5) 622-R001 ._.._...._... Jordi Pla P: (954) 602-3054 Bill Lewis P: (954) 597-3731 F: (954) 597-3720 P: (954) 566-3885 F:(954)_566-3338 P; (954) 566-3885 ACORO CERTIFICATE OF LIABILITY INSURANCE OPIDAI °� ` ^'°"YW) STRAx x 12/0'.S 06 PROWLER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION rnswurce, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9500 South nadeland Blvd. , N200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 561567 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami FL 33256-1567 Phone: 305-670-6111 Fax: 305-670-9699 1 INSURERS AFFORDING COVERAGE NAIC # -------------..__........ _ _�--- �_ -- ----- _..._..__._...__r�_r. ..___._�_.__.... ..._._ INSURED _ ......---- . . . _!._..._.---........_._....__..,..._�_., _..._ Ix5 uHEHA American Casualt Co. 20427 ' I Ix I:HLH H20494 straightline Engineering Group NINL'_ --valley For * Insurance Co. 20508 8382 N.N. 70 Street -- --- Miami FL 33166 NRDHHNn-- ---- -- — -- -- -- -- IM%I1HFN � COVERAGES IHI IYXL IE50t IN�SUPAWE UITEDKLCMI HAW KEN IS5UEDTDTHE INSURED NAMED ABOVE FORTHC POLICY PCRODNgGTFD N[RWITIISTANDIT nnT FtU111Hf MEN I, TN NM ryN 1:11N1%TRW IT. ANV en.TRACT CA CITHER DOCUMENT WITH RESPECT TO VMICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE A(FORDED DY TIC POUGCS DCSt:RINI D NCNHIn IS SUIMt C! In AI I, 1 of 1 f nMS, txG.VSmxS AND CCW DlnpxS Of SUCH H'IIIKJt4 AIRIH ;AIN LIMIT%SkeWN MAY HAVE MEN NEWCED BY PAID CLAIMS INSR jAngl_ ' POLICY EFFECTVE POLICY CAPIRATION N Ixnnn TYFP OF NBURANct I POLICY NUMM4M DATE IxµpWVY) MTN(MMPnpFYY) OCNCRALLIABILITY (ACnOM`uMRENC[ S 3-000000 r _) A x X MMERCIAL GENERAL MAMITY 2087845013 12/01/06 12/01/07 DAMAGE— E.,tn "tNIME& IGe^cwM�) f 100000 100000 - J cIAIMSMADE R Mcun _. Mtv.HnPpnrwvpvwnl -- — - f 5000 ' PCRSONALAAWINJURY % 1000000 )( I r:ENEHAI ArA; IjAlf 5 2000000 v -- r AUUHIryAIHIIMIIAPPLIr%Pl.R N Lcrs ulmmPAca f 2000000 . X 1 Lac AIJTMW IF.. 111.E LIABILITY I I WMDNEDSINLTLEOMIT S lnnnnnn A x nNYn„II, 2087845027 12/01/06 12/01/07 E••°M''^' I U. CAVNlD AUTnS I' ODDILYINJURY I s ecnruulrn AUlos )w:r PnMau X I^RCDAUTO; q]011.Y In1uRY P X NONOMFn Amon Ihr.m., . PILOPCHTV DAMAGE IPer MzdErA! S GANnUE UAMaITY I ♦ - t. 1.-1 AuIUUN A[. i f NV AIIIU 1 1n nLC y .... -M ixAN I I UIU ONLY f eMCEBSNMBRlLLA LIABILITY I .. 9A)m I OCCURRENCE i 1000000 s R I r, i x L"IM MADE zoe3naolo3 12/01/06 12/01/07 RHtt.,. [.1ACCH . 1000000 I I I I I'n DucllHll I I ... � f X 110000 I s wnxNERS CDMPPusnnnn AM. I u1,0 LTnTu OTII XTVRY LIMITS_ !E FN MFLVYER&• unnn.rrr C F 2087845030 A DI IYP I. 12/01/06 12/01/07 EL EACH ACCIDENT —�s _ "00000 IFI4"" Ix�n :llr"'I I eLUBBABt•EALIPLml!R . 1000000 sr•calnl.Pnwlsloa�e.lr,. cL.aneABEPLxN;ruNIT s 1000000 DI-f! i I I OFSCRIPTRxt OF OPERATIONS I LOCATIONS I VC1410LCS, CACLUSIONY A05 0 BY SB 0HUNW4I I SPECIAI PROVISIONS *10 days notico of Cancellation applies to non --payment of premium. Holder is named as Additional insured with respect to Cenral Liability coverage due to the negligence: work of Straightline Engineering Group, when such coverage is required by a written contract or agreement per form G17957G 01/2001. CERTIFICATE HOLDER CANCELLATION TAMKC11 WWLO AMY OF TNS AYeJVN n&SCMINLLf PDLK:Ifs RE CwxeLLLLO RAPfN41ME AAaRwlruN DATE THEREW, THE 16SUING INSURER IMI L ENDEAVOR TO MAIL A' 30 DAY& Nw1TTex xnilcE TO THE GFRTI AW.. NOL WR MAW D TO TW I.EF(, WT FAILMPF. Tv Dn 505HALL City of Tamarac 7525 N.W. 8 8 th Avenue IMPOSE ND OOAT ON OR Wl1TY ROF ANY HIND wDN TNC INSU KR. ITB AGENTSOR Tamarac FL 33321-2401 REPRCBCMTATve&. AUTIOILRMIEDD REREME�J3TIVVEE N ACORD 25 (2001103) W AGOKV CORPORATION 1989 if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 l''WC,,';;tirj:'i it, t. uw-,? f.3;vi.i:a.1? AGREEMENT BETWEEN THE CITY OF TAMARAC AND STRAIGHTLINE ENGINEERING GROUP INC. THIS AGREEMENT is made and entered into this JNay of Jj/h-j 200 by and between the City of Tamarac, a municipal corporation with principal es located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Straightline Engineering Group Inc., a Florida corporation with principal offices located at 8382 NW 70th Street, Miami, FL 33166 (the "Contractor") to provide for design/build services to construct various boat ramps. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, RFP Document No.07-20R, Design/Build of Tamarac Boat Ramps including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between RFP 07- 20R as issued by the City, and the Contractor's Proposal, RFP 07-20R as issued by City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other Contract Documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to complete the scope of work, as outlined in the contract documents. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. .A eeeP3if.?rit C ( r ( ......... .. ZTX._ , 2.1.3 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.4 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Time of Commencement and Substantial Completion 4.1 The work to be performed under this Agreement shall be commenced after City execution of the Agreement and not later than ten (10) days after the date that Contractor receives the City's Notice to Proceed. The work shall be completed within eighteen (18) months from issuance of City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. For the purposes of this Agreement, completion shall mean the issuance of final payment. 4.2 Prior to commencement of construction, the Contractor shall submit a projected timeline of construction for each location, and must be approved by the City. Any changes after approval of original project timeline must receive prior approval by the City. { r U1 1 ...............................t41.1 t-ft:' 4.3 Based upon the assumption that design timeline will not exceed six months, construction timeline shall be structured in such a way to ensure rate of completion meets or exceeds the following targets: Months Elapsed Following Notice to Proceed* Percent of Total Locations Completed 6 25% 12 60% 18 100% * Timeline for entire project from date Notice to Proceed is issued shall not exceed 18 months. 4.3 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by the City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for substantial completion hereunder and any resulting increase in general condition costs. 5) Contract Sum The Contract Sum for the above work is Four Hundred Eight Five Thousand, twenty-three dollars and no cents ($485,023.00). 6) Payments Payment will be made for work that has been completed, inspected and properly invoiced. Such progress payments shall be made upon completion of each individual location. Invoices must be based upon bid prices as provided with Proposal. A retainage of ten percent (10%) will be deducted from such payments until 50% of the entire project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of the work. Invoices must bear the project name, project number, bid number, purchase order number, and boat ramp location. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one (1) year warranty period. All necessary 3 ,.car E; F; rrre; rtr. Releases of Liens and Affidavits and approval of Final Payments shall be processed before the warranty period begins. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Remedies 7.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 7.2 Liquidated Damages: Upon failure of Contractor to complete the project within the time specified in the Agreement (plus approved extensions, if any), the Contractor shall pay the City the sum of $250 per calendar day after the time specified for completion and readiness for final payment. This amount is not a penalty but liquated damages to the City. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. The City shall have the right to deduct from and retain out moneys which may be due or which may become due and payable to the Contractor, the amount of such liquidated damages and if the amount retained by the City is insufficient to pay in full such liquidated damages, the Contractor shall pay in full such liquidated damages. These liquidated damages will not prohibit the City from recovering ascertainable actual damages incurred as a result of the same delay to which the liquidated damages apply. 7.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. 8) Change Orders 8.1 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Cgie;Fatne" ? tt r J 1 rr? rr o" ?: i >.> t t • . , t rti 1?t '. Contractor shall promptly proceed with the work. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 8.2 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 8.3 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days on the part of the Contractor) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 8.4 The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 8.5 Any claim for an extension of the Contract Time shall be based on written notice delivered by the party making the claim to the other party no later than fifteen (15) days on the part of the Contractor after the occurrence of the event giving rise to the claim. Notice of the extent of the claim shall be delivered with supporting data and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 8.6 Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. 8.7 In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract as it applies to these items in question and make such arrangements as the City deems necessary to complete the work. The cost of Al it of f < r C �r t any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a Guaranteed Maximum Price by City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor's responsibility, and the amount of each applicable bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to the City Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 9) No Damages for Delays ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. Contractor shall not be entitled to an increase in the construction cost or payment or compensation of any kind from City for direct, indirect, consequential, impact or other costs, expenses or damages including but no limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by Contractor for hindrances or delays due solely to fraud, bad faith or active interference on the part of City or its agents. In addition, if Contractor is delayed at any time in the progress of the Work by an act or neglect of the City's employees, or separate contractors employed by the City, or by changes ordered in the Work, or by delay authorized by the City pending arbitration, then the Contract Time shall be reasonably extended by Change Order, and the Guaranteed Maximum Price shall be reasonably increased by Change Order in order to equitably increase the general conditions component of the Guaranteed Maximum Price. Furthermore, if Contractor is delayed at any time in the progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the Contractor's control, or by other causes which the City and Contractor agree may justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to that extent specifically provided above. No extension of time shall be granted for delays resulting from normal weather conditions prevailing in the area as defined by the average of the last ten (10) years of weather data as recorded by the United States Department of Commerce, National Oceanic and Atmospheric Administration at the Fort Lauderdale Weather Station. 10) Waiver of Liens Prior to final payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release City from all claims of liability by Contractor in connection with the agreement. t7, •,: �,rj t �r�;})( 11) Warranty Contractor warrants the work against defect for a period of one (1) year from the date of final payment. In the event that defect occurs during this time, Contractor shall perform such steps as required to remedy the defects. Contractor shall be responsible for any damages caused by defect to affected area or to interior structure. The one (1) year warranty period does not begin until approval of final payment for the entire project, and the subsequent release of any Performance or Payment Bonds, which may be required by the original bid document. 12) Indemnification 12.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 12.2 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time 13) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, gender, national origin, sex, age, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Contractor will take affirmative action to ensure that employees are treated during employment, without regard to their race, religion, color, gender or national original, or disability. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. A c7,eo rr?�zai i,' 14) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 15) Assignment and Subcontracting 15.1 Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 15.2 City reserves the right of first refusal of sub -contractors used on this project. Contractor shall provide the City with names of all sub -contracting firms prior to commencement of any work. 16) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 ( in a ICP171'f17 CONTRACTOR Straightline Engineering Group Inc. 8382 NW 70t" Street Miami, FL 33166 (786) 845-8499 17) Termination Z7.)i......... ...:.t' i / 4 t ITtIZ X .. ......... ..._.�.... :... ......... L 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 17.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 18) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 19) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 20) Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 21) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to extent of such prohibition or unenforceability without invalidating remaining provisions hereof or affecting validity or ;,J 211 ish !?.. rk i rT enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 22) Uncontrollable Circumstances 22.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 23) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 24) Contingent Fees Contractor warrants it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ii Aga,,(,,,(m iIt j"rrr ,.;r�?t r� l aJr7I'1C7 1?r;'r.i?(i?i IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President duly authorized to execute same. ATTEST: Marion Swenson', C C City Clerk Ddte ATTE re of Corporate Secretary Ricardo A. Diaz Type/Print Name of Corporate Secy (CORPORATE SEAL) C TY OMARAC Beth Flansbaum-Talabisco, Mayo D16te Jeffrey L"KAillef, City Manager n tP Date 5traightline Enginee* Group Inc Company N Signq�6re o/f')President/Owner Ricardo A. Diaz Type/Print Name of President/Owner 71-7IQ7 Date 1 ;:;rrFaa;rra�.xrN, (. +C! ra 7. 001 •tif si itJ;A CORPORATE ACKNOWLEDGEMENT STATEOF rLtKIbn :ss COUNTY OF Dw-a F I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Ricardo A. Diaz, of Straightline Engineering Group, Inc, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. 01- WITNESS my hand and official seal this�day of 2007 ' bi� Signat of N tary Public State o Flori t Large CRISTINA I. DIAZ NOTARY "LIC • STATE OF FLORMA COMMISSION # DD25W19 LE.: -- - UMI=f Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced I D take a DID NOT take an 12