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HomeMy Public PortalAbout2003-25 Agreement with MEF Construction, IncRESOLUTION NO. 2003-25 A CAPITAL PROJECT AUTHORIZING RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH MEF CONSTRUCTION, INC. FOR TRAFFIC CALMING AND IMPROVEMENTS ON GRAPETREE D RIVE; P ROVIDING F OR A N E FFECTIVE DATE. WHEREAS, public bids were received for the construction of traffic calming and improvements on Grapetree Drive. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Council of the Village of Key Biscayne authorizes the Village Manager to execute the attached agreement with MEF Construction, Inc. for traffic calming and improvements on Grapetree Drive. Section 2. The cost of the traffic calming project will be $149,378. Section 3. That the Agreement is hereby approved and the Village Manager and the Village Attorney are authorized to execute the Agreement on behalf of the Village and are authorized to take any and all action necessary to implement this Agreement. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day of July , 2003. /1Ct&LL ' MAYOR ROBERT OLDAKOWSKI AT • her C NUHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FO VII.�GE A ORNEY 1 LEGAL SUFFICIENCY VILLAGE OF KEY BISCAYNE Village Council Robert Oldakowski, Mayor Jorge E. Mendia, Vice Mayor Martha Fdez-Leon Broucek Carol Diaz -Castro Mortimer Fried James L. Peters Robert L. Vernon Village Manager Jacqueline R. Menendez DT: TO: FR: R Office of the Village Manager June 26, 2003 H • or: ble M . • d-RQembers of the Village Council ene n Village Manager Traffic Calming on Grapetree Drive RECOMMENDATION It is recommended that the Village Council approve the accompanying resolution authorizing the Village Manager to execute the attached agreement between the Village of Key Biscayne and MEF Construction Inc. for a traffic calming project on Grapetree Drive. BACKGROUND During the 2002 Budget Workshops, Council approved $250,000 under capital improvement to be used for traffic calming and improvements on Grapetree Drive. The Village issued a Request for Proposal for this project on May 27, 2003. The solicitation yielded three responses that were evaluated by the Public Works Department and Tetra Tech WHS based on the selection criteria established in the RFP. MEF Construction Inc. submitted the lowest bid and has considerable experience with traffic calming in Key Biscayne. The cost of the traffic calming project will be $149,378. 88 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax (305) 365-8936 MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." VILLAGE OF KEY BISCAYNE AGREEMENT FOR SERVICES THIS AGREEMENT, made and entered into on the 2 day of Jut..Y\.e_ , 2003 by and between the Village of Key Biscayne, Dade County, Florida, party of the first (hereinafter called "Village"), and MEF Construction Inc. , party of the second part (Hereinafter called "Contractor"); RECITALS The VILLAGE wants to engage the CONTRACTOR to perform certain services as described in accordance with paragraph 1, scope of services to this Agreement ("Specified Services"). The CONTRACTOR wants to provide such Specified Services in connection with the installation of traffic calming devices on Grapetree Drive. In consideration of the mutual covenants in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES A. The CONTRACTOR agrees, as directed by the Village Manager, to perform the following services: Installation of traffic calming devices on Grapetree Drive. See attached Exhibit A. 2. FEES FOR SERVICES The CONTRACTOR agrees to charge the VILLAGE for Specified Services provided in accordance in Exhibit in an amount not to exceed ONE HUNDRED FORTY NINE THOUSAND THREE HUNDRED AND SEVENTY EIGHT dollars ($149,378.00). 3. TERM The term of this agreement is 1 year unless terminated pursuant to paragraph 7 or extended pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS The VILLAGE reserves the right to increase or decrease the quantity of items installed with appropriate adjustments to the contract price. 5. ASSIGNMENT This Agreement shall not be assignable by the CONTRACTOR. 1 6. PROHIBITION AGAINST CONTINGENT FEES The CONTRACTOR, warrants that it has not employed or retained any company or person, other than a bonafide employee solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, gift, or any other consideration, continent upon or resulting from the award or making of this Agreement unless approved by the Manager of the Village of Key Biscayne. 7. TERMINATION This Agreement may be terminated by the VILLAGE upon ten days' written notice with or without cause by the CONTRACTOR upon 45 days' written notice with or without cause. If this agreement is terminated, the CONTRACTOR shall be paid in accordance with the provisions of Paragraph 2 of this contract for all acceptable work performed up to the date of termination. 8. NONEXCLUSIVE AGREEMENT The services to be provided by the CONTRACTOR pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the VILLAGE engaging other firms to perform the same or similar services for the benefit of the VILLAGE within the VILLAGE'S sole and absolute discretion. 9. ENTIRE AGREEMENT The parties hereby agree that this Agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 10. WARRANTIES OF CONTRACTOR The CONTRACTOR hereby warrants and represents that all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws necessary to perform the Specified Services. The CONTRACTOR shall furnish proof that he has Worker's Compensation Insurance as required by Chapter 440, Florida Statutes and, where applicable, coverage for the U.S. Longshoremen's and Harbor Worker's Act and the Jones Act. The CONTRACTOR shall also furnish proof that he has Contractual Liability Insurance and Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this work, in an amount no less than $1,000,000 per Occurrence for Bodily Injury and Property Damage combined. 2 11. ATTORNEY'S FEES In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. This provision shall exclude all litigation resolved by agreement of the parties. 12. NOTICES All notices and communications to the VILLAGE shall be in writing and shall be deemed to have properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: Village: Jacqueline R. Menendez Village Manager 85 West McIntyre Street Key Biscayne, Florida 33149 With a copy to: Village Attorney Weiss Serota & Helfman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 204 Miami, Florida 33133 Contractor: Conchita H. Alvarez Village Clerk 85 West McIntyre Street Key Biscayne, Florida 33149 MEF Construction Inc. 782 N.W. LeJeune Road, #640 Miami, FL 33126 3 14. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: MEF Construction Inc. 782 N.W. LeJeune Road, #640 Miami, Florida 33126 By: Attest: * \)0004, 4 VILLAGE: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, Florida 33149 June 17, 2003 Page 1 of 2 Armando Nunez From: John Neff [JNeff@whs-inc.com] Sent: Wednesday, June 25, 2003 6:39 AM To: VKBPUBWORK@BELLSOUTH.NET Subject: key biscayne bid grapetree June 17, 2003 Mr. Armando Nunez Director Public Works Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 Dear Armando: VILLAGE OF KEY BISCAYNE — GRAPETREE DRIVE BID REVIEW AND RECOMMENDATION Tetra Tech WHS has reviewed the bids from the three Contractors for the Traffic Calming work on Grapetree Drive. I have attached a spreadsheet that compares the separate bid items. The Engineer's estimate was based on the last 2 projects that involved traffic calming devices on the key. An analysis of the bid amounts showed a lot of variation under individual items. For example, the Mobilization line varied from $2,500 to $36,900. Asphalt removal ranged from $2,528 to $32,000. These variances make detailed analysis unreliable. Overall the average of the three bids was $190,655.40. The average of the 2 lower bids with the engineer's estimate is $155,380.40. MEF's low bid of $149,378.00, along with his considerable experience with Traffic Calming at Key Biscayne is the most accurate representation. His bid though 20% higher than the estimate, may be reflected in increased costs in the past 3 years since the comparison projects were bid. Tetra Tech WHS recommends that the project be awarded to MEF. If you have any questions or comments please let me know. Very truly yours, John F Neff 06/25/2003 INVITATION TO BID GRAPETREE DRIVE TRAFFIC CALMING DEVICES Invitation to Bidders for the construction of Traffic Calming devices on Grapetree Drive. Sealed bids for the construction of traffic calming devices on Grapetree Drive will be received by the Village Clerk, Village of Key Biscayne, 88 West McIntyre Street, Key Biscayne, Florida 33149 until 12:00pm. June 13, 2003based on plans and specs prepared by TeTraTech WHS at which time all proposals will be opened and publicly read. The work consists of two elevated speed tables, brick paver plaza, curbing, landscaping, and sidewalk repairs. Copies of the plans and specs will be available in the Manager's Office at 88 West McIntyre Street Key Biscayne, Florida 33149 after May 27 2003 at a charge of $50.00 per set payable by the check or cash to TeTraTech WHS. Copies of Bid Documents are non -returnable and non-refundable. A surety performance signed payment bond in an amount equal to one hundred percent (100%) of the contract amount must be submitted within ten (10) calendar days after notification of award. A pre -bid conference for interested parties will be held at Village Hall, in the Building Zoning and Planning Department Conference Room, second floor, 88 West McIntyre Street Key Biscayne, Florida 33149 at 10:00 am on Monday June 2, 2003. Attendance at this conference is mandatory in order to submit a bid for this project. All bids shall be submitted in accordance with the invitation to bidders and the plans and specifications. The Village of Key Biscayne reserves the right to waive any informality on any bid, and the Village Manager may reject any and all bids, and re -advertise the Proj ect. } , Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we MEF Construction, Inc. 782 N.W. LeJeune Rd.#640, Miami, FL 33126 as Principal, hereinafter called the Principal, Great American Insurance Company and 2701 Maitland Center Parkway, #125, Maitland, FL 32751 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto Village of Key Biscayne, 88 West McIntyre Street, Village of Key Biscayne as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid (5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted a bid for Grapetree Drive Traffic Calming, Engineer's Project #8081.00 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 June 13, 2003. Witnesses: MEF Construction, Inc. Great American Insurance Company By: Michael Bonet, Attorney -In -Fact and Florida Resident Agent (Seal) GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 017672 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney - in -fact, for it and in its name. place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name MICHAEL A. HOLMES GERALD J ARCH MICHAEL BONET Address Limit of Power ALL OF ALL FT. LAUDERDALE, FLORIDA UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-m-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 31ST day of JANUARY 2003 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON - ss: DOUGLAS R. BOWEN (513-369-3811) On this 31ST day of JANUARY, 2003 , before me personally appeared DOUGLAS R. BOWEN. to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company. and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attomevs-in-Fact to execute on behalf of the Company. as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking, contract or suretyship. or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company; to be valid and binding upon the Company with the same .force and effect as though manually' affixed. CERT, + ICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect. Signed and sealed this 13th day of June , 2003 S 1029T (11!01) TERRORISM COVERAGE RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. N / A (Bid) , effective 6/13/03 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. • The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. I --)(Aiii/ A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROPOSAL QUESTIONNAIRE The following shall be completely filled in by each Bidder: The undersigned guarantees the truth and accuracy of all statements and answers herein contained: 1. How many years has your organization been in business as a general contractor? ii ?Eh (7..-S 2. List any public works contracts you have performed with any governmental agency having a value in excess of $200,000 within the last ten years: SqN t # p4 c 1)R. Citel.evQ0 Skoo E, , C -b 124,E Ca M UE'S 14 gS l POO " o ora pc. --1-( �c coeccAo.m- c--t v)1S ; J 4 O D00 'd FeeNwoop it -c fR-RijE- errs - kei ? isc, 4.255-1000‘22- c9towArtbwk) StpE &I4 -- ctTci of Mtpc-Niti _ d, q -G S‘/TOC'Q es 3. Were all contracts listed in No. 2 above completed within the time period without extensions? \C G...5 4. Were liquidated damages incurred by the contractor for non -timely completion and, the extent to which additional time extensions were granted on all contracts that were not so timely completed. 11, P-5 5. Was the Surety on any Public Works bond ever notified that the Bidder was in default in the performance of such contracts; and if such default notice was so given, please indicate in detail how much claim default was resolved: No 6. Indicate the number of times in which arbitration or litigation ensued from any Public Works contract within the last ten years, as well as the result of such arbitration of litigation (i.e., whether the same was settled or resolved by trial and who prevailed between the Bidder and the governmental agency involved): • 7. Please provide a history of similar projects you have completed, other than those listed in No. 2 above, including project name, owner, value of work performed, percentage completed: \Atst 14‘06‘4711k TR-11-VVICC Iac,— .6tsc lvv GAYIAMETO AlUiVtt 4XOc ? looted 14 IN. qtt itC CALM EA C2, - V•tti a4ScANN G rc'v A) V►` 4 ZOO(t) ()-(j IOa loos ‘c CRt.M me --1zt S LSc' i e. - A % t\)\)gra 4 2' ,0 0R`t loo/o to AN t /440 'S)R kC Qv *o 4c..-- Cart AL C1*MS'.^ Tom S f' c i gscii wo °' toot; 8. What is the last project of this nature that you have completed? GAN r.-0 DK CA-t-okVo So --b -PiE, S 1 Irl ega -r , 9. Have you ever failed to complete work awarded to you? If so, where and why? 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 10. The following are named as three corporations or individuals for which you have performed work and to which you refer. lL_1.AAt c* 1,t.-1 1 % s cw.Y N E. C rrl oT Co'RAt. q +sCiI.ES Crr-c 4::• .. it liA-141. 11. Will you sublet any part of this work? I so, give subcontractor's name and which portion of work to be sublet. N0N ' • 12. What equipment do you own that is available for the work? - ,,150ac,a-rr 8-3-3, "Pwe-Hoy Gn-sE seoL) 31p~4'777.►ck.,. , Ate jt„ --RAT eizi\v-o c . V _ ) PLN-TE ccooKfA-ErbYL, sizzu sALA) 13. What equipment will you purchase for the proposed work? --- 4T0 - 14. What equipment will you rent for the proposed work? f c) LL E Z (\3 1 iK-15%-1v 12-7) N P-7 15. The following is given as, a summary of the financial statement of the undersigned (list assets and liabilities and use insert sheet if necessary): 5E T p§- m tCA( ST)ecrer sir 16. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). It is absolutely necessary that this information be furnished. (a) (b) • 4E..F coas„zucrtoN (Correct Name of Bidder) The business is a C.oRPO 12A - r1 The address of the principal place of business is: .1'az I) W 42. ANN sv fl E. 44O l�UPet 1) L 33126 (c) The names of corporate officers, or partners, or individuals doing business under a trade name are as follows: MAruN E. OcAck)A - -PRES1DENT • T $uitr.. kcuxtit, O c-st4 A — +P.Es f StrMETPetw (Bidder) P-8 1 1 1 1 1 1 N 1 1 1 1 A 1 1 A 1 1 1 SCHEDULE OF BID ITEMS Item No. Description Unit Estimated Quantity Unit Cost Total Grapetree Drive Traffic Calming 101-1 Mobilization LS 1 i 2,50 0 4 2,500.0D- 101-2 Indenmification LS 1 $25.00 $25.00 101-3 Performance and Payment Guaranty & Insurance LS 1 k 3,boo t 4 3 pop le 102-1 Maintenance of Traffic LS 1 3i 0 O o 'a 4 31000 .‘2. 110-1 Clearing and Grubbing LS 1 4 3,OCU-'- 4 3,0oo ,a 110-4 Remove Existing Asphalt - Street . SY 1600 A 13, s'c' 421 (oo vx 160-4 12" Stabilized Subgrade ' SY 200 4 Z/-1 L g0O f 200-1 Limerock Base SY 140 4 Z4{ "9- 432 3C,c Ye - 210 -1 Rework Limerock Base - Circle SY 400 tt 9 a-41- * 37 (,or 210-1A Limerock Base — Speed ReworTables SY 133 133 4 Q o, _ 11il q-. 21 210-1B Rework Limerock Base - Intersection SY 125 VI tua. 6. 1 �Z� r 210-2 Extra Limerock Base Material TON 80 4. 2 c),!= 'i to o ft - 331 -1 Type-3'Asphaltic Concrete 1 -I 1/2 SY 200 9"1.-10.,°= +32-oo 390-1 Brick Pavers SY 700 4 5 ii' 4 39- ,b b O ao 520-1A CoralT "E" Curb &Gutter, Key LF 140 isn ta 4 3 920 • Q4, 1 520-1B Type "E" Curb & Gutter, Key Coral, Modified LF 65 #22...9-s1 4 if 43t 520-1 C Type "D" Curb, Key Coral LF 275 •i 20. *-A. A 5 S O .'_ 520-1D 12" Concrete Band, Key Coral LF 350 24-} 9) Si S9-5 .°-2 520-1F 24" Concrete Band, Key Coral LF 128 $ L2, 0A 4 S, 31-(0,`-'-' 522-1 Remove & Replace 4" Sidewalk SY 84 It) z+S 9. 3)910. f" 522-2 Remove & Replace 6" Sidewalk SY 17 t :"--- A 1, 19,0 °s 700-1 Traffic Signs EA 10 at t-mo? 41 qiseto p° 711-1 Thermoplastic Striping SF 500 e 5. °s- 4 2�50b• Grapetree-proposalspc.doc052303 P-3 I i i i 1 1 1 1 SCHEDULE OF BID ITEMS Item No. Description Unit Estimated Quantity Unit Cost Total 711-2 Reflective Pavement Marker EA 48 24, 20 7--si- 4 (1(O , 800-1 Landscaping Allowance LS 1 $16,000.00 $16,000.00 801-1 Relocate Light Pole EA 1 4 5, 000 7. 51 O O O.sm- 948-1A 4" PVC Sleeves LF 70 cla IZ,92 4 via J12" TOTAL BID 4 i 4 1 3-i f, Ce—c TOTAL BID IN WORDS uNE. Vv02END a. 0l►J6 TMOas4i J -T.12EE 4-1u N on:ED 5 ek 'G 141 -ET D x)7'100 . Grapetree-proposalspc.doc052303 P-4