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ITB 43-07/08 Lenox Avenue & 6th Street Infrastructure Improvements~~'aj~~ ,~/ NVITATION TO BID FOR INFRASTRUCTURE IMPROVEMENTS ON LENOX AVENUE AND 6T" STREET Miami Beach, Florida ITB # 43-07/08 BID OPENING: 3:00 PM ON OCTOBER 13, 2008 Gus Lopez, CPPO, Procurement Director PROCUREMENT DIVISION 1700 Convention Center Drive, Miami Beach, FL 33139 www. miamibeachfl.gov F:\PURC\$ALL\Maria\Bids\07-08\ITB-43- 07-08 Infraestructure Improvements on Lenox Avenue and bth Street\ITB-43-07- 08.doc m MIAMIBEACH CITY CLERK Commission Agenda and Approval COMMISSION ITEM SUMMARY rnnrlransQrl Tttlw- Request For Approval To Award A Contract To Central Florida Equipment Rentals, Inc Pursuant To Invitation To Bid 43-07/08, For Infrastructure Improvements On Lenox Avenue And 6th Street, Based On A Total Lump Sum Bid of $837,368; With Previously Appropriated Funding Available From RDA South Pointe Fund 379, In The Amount Of $628,026, Previously Appropriated in The Fiscal Year 2001-2002 Capital Budget; And From Capital Reserve Fund 304, In The Amount Of $209,342, Previously Appropriated In The Fiscal Year 2007-2008 Capital Budget; As Part Of The Flamingo Neighborhood -Bid Pack A Pro ect. Ke Intended Outcome Su orted: Ensure Well-maintained infrastructure. Ensure Well-desi ned ual ca ital ro'ects. Supporting Data (Surveys, Environmental Scan, etc.): Traffic appears as one of the most important areas affecting residents quality of life; 37% of residents rated traffic flow as poor; traffic is ranked #2 by residents as one of the changes that will make Miami Beach a better place to live; traffic flow where you drive in Miami Beach is a ke driver for recommendin Miami Beach as a lace to live. Issue• Shall the City Commission Approve The Award of Contract? Item Summa /Recommendation: ITB-07/08 was issued on September 11, 2008 with an opening date of October 13, 2008. Apre-bid conference to provide information to prospective bidders was held.on September 24, 2008.BidNet Issued bid notices to 66 prospective proposers, RFP Depot issued bid notices to 25 prospective proposers, and 42 other local contractors were notified via mail, a-mail, and fax circulation, which resulted in the receipt of nine (9) bids. At 3:00 pm on October, 13, 2008, alt bids were opened and price read aloud with ail bidders in attendance. City staff, inclusive of Procurement Division, Public Works Department, and the CIP Office have met to interview the key personnel and to review the Bids for responsiveness and scope. City staff has deemed all bids responsive and responsible, with Central Florida Equipment Rentals, Inc being the Lowest and Best. Central Florida Equipment Rentals, Inc was incorporated in 1977 and has been in business for 30 years. Central Florida Equipment Rentals, Inc holds the following licensing: State Florida Underground Utility Contractor: CU C041511, Dade County Engineering Contractor # E -308, Dade County General Building, Browerd County Major Roads Contractor # 87-898, State Florida Fire Protection Class V # 575528000195. APPROVE THE CONTRACT AWARD, _ _ Financis~l Infermatlen Source of Amount Account Funds: ~ $837,368 With previously appropriated funding available from RDA South Pointe Fund 379, in the amount of $628,026, previously appropriated in the Fiscal Year 2001-2002 Capital Budget; and from Capital Reserve Fund .304, in the amount of $209,342, previously appropriated in the Fiscal Year 2007 2008 Capital Budget; as part of the Flamingo Neighbofiood -Bid Pack A Pro ect. OBPi Total $837,368 Financial Impac t Summary: N/A Clerk's Office Qinnllfie• n n v~ •-v.• Q ' , snt Director nt alter CI AA ger GL JC PD TH JMG T:WGEMryA1Z00810ctober 22uTBU43-o7-oS- suu~.aoc Agenda Item ~ ~" ~1 V t ~ ~ ~~~ ~ ~ Date 4 ~ MIAMIBEACH Oily of Miami i3saeh, 1700 Convention Center Drive, Miami Beach, Fbrida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Me hers of a City Commission FROM: Jorge M. Gonzalez, City Manager ~~ DATE: October 22, 2008 SU&JECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT TO CENTRAL FLORIDA EQUIPMENT RENTALS, INC., PURSUANT TO INVITATION TO BID43-07/08, FOR INFRASTRUCTURE 1MPROVEMENT3 ON LENOX AVENUE AND 6T" STREET, BASED ON A TOTAL LUMP 3UM BID OF $8.37,388;WITH PREVIOUSLY APPROPRIATED FUNDING AVAILABLE FROM RDASOUTH POiNTE FUND 379, IN THE AMOUNT OF;628,026, PREVIOUSLY APPROPRIATED IN THE FISCAL YEAR 2001-2002 CAPITAL BUDGET; AND FROM CAPITAL RESERVE FUND 304, IN THE AMOUNT OF $209,342, PREVIOUSLY APPROPRIATED IN THE FISCAL YEAR 2007-2008 CAPITAL BUDGET; AS PART OF THE FLAMINGO NEIGHBORHOOD - BID PACK A PROJECT. ADMINISTRATION RECOMMENDATION Approve the award of contract. I~EY INTENDED OUTCOMES SUPPORTED Ensure Weil-maintained infrastructure. Ensure Well-designed quality capital projects. FUNDING Funding for the award is available in the amount of $628,026 from South Pointe RDA Account 379-2330-069357, previously appropriat~f in the Fiscal Year 2001-2002 Capital Budget; and in the amount of $209,342, from Capital Reserve Fund Account 304-2330-069357, previously appropriated in the Fiscal Year 2007-2008 Capital Budget. Funding fora 10°Yo construction contingency is also available in the amount of $62,803, from South Pointe RDA Account 379- 2330-069357, previously appropriated in the Fiscal Year2001-2002 Capital Budget; and in the amount of $20,934, from Capital Reserve Fund Account 304-2330-069357, previously appropriated in the Fiscal Year 2007-2008 Capital Budget. This total amount of $921,105 previously appropriated for Flamingo Neighborhood Bid Padc A will be separated into a new project called Flamingo Neighbofiood Bid Pads 1A. ANALYSIS On May 16, 2005, the Mayor and City Commission approved a Development Agreement with AR~J Sobe, LLC., for the construction of a vertical re#ail center with an 1,100 space parking garage to be located on the site bounded by Fifth Street on the south, Sixth Street on the north, Alton Road on the west and Lenox Avenue on the east. Over the last several years and most recently on April 25, 2007, the Development Agreement has been amended. 2 Commission Memorandum - iTB-43-07/08 October 22, 2008 Page 2 of 5 The project, known as "Fifth and Alton", is currently under construction by Berkowitz Development Group, Inc. (Developer}, one of the principals of AR&J Sobe, LLC. The City's total contribution to this project is $14,397,725, of whid~ 57.9% or $8,333,781 has been paid to the Developer as of August 20, 2008. Included in the negotiations, was an effort to coordinate the construction of the off-site improvements in connection with this Project. The City has approved and is planning to perform drainage improvements, utility upgrades, road improvements; sidewalk, landscaping and streetscape work in the neighborhood around the project, including work on Sixth Street and on Lenox Avenue adjacent to the project site. The work for these streets is contained in the Basis of Design Report .(BODR) for the Flamingo Neighborhood Right of Way(ROW) Improvements. Since this project is scheduled to commence after the Fifth and Alton Project is complete, the Developer expressed an interest to the City to construct these improvements during the Fitch and Alton construction. The Developer is interested in performing the work concurrently with the'project, so that its development is not adversely impacted by the Flamingo Neighborhood project when it is built. Thus, the City and Developer have mutually determined that the aforestated infrastructure work within the Project Site should be coordinated with construction of the Fifth and Alton project. As such, the Administration and the Developer met several times to finalize design concepts, construddon schedules, cxast estimates and temps and conditions for a negotiated Development Agreement between the Gty and Developer. in May 2008, a cost proposal of $2,028,095 was initially provided by the Developer's Contractor, Suffolk Construction. This proposal was reviewed by both, the City's Capital Improvement Projects Office, as well as a third-party cost estimator. Additionaly, this proposal did not include any value engineering suggestions. Staff and the City's Cost Estimator both felt that Suffolk's cost proposal was high. At the time, and in trying to meet the then projected schedule, the Developer and staff agreed to place the item on the May City Commission Meeting Agenda, with the intent of negotiating an acceptable price between First and Second Reading. However, upon review of the price differential, the City Manager preferred to "open and continue" the item until we had an acceptable price for the project. Subsequently, the item was "open and continued"several times. The Administration continued to negotiate costs with the Berkowitr Development Group ("Berkowitz") for the construction of the proposed right-of way improvements, which indude streetscaping and drainage, on 8~' Street between Alton Road and Lenox Avenue and on Lenox Avenue between 5~' and 6~' Street, which complies with the Flamingo neighborhood master plan. The negotiations with Suffolk focused primarily on the value of the General Conditions after some items were clarified and verfied. The final and best negotiated cost between City staff and Suffolk was $1,680,000. In addition, the Gty provided the Developer's plans to a contractor on the Job Order Contract (JOC) list. The JOC proposal, developed by H.A. Contracting (HA), was for $1,639,239 without value engineering suggestions. It is about $40,000 less than the final,Suffoik's cost proposal. Separate from this effort, the City staff requested a former member of the Capital improvement Projects Oversight Committee, Mr. WiNiam Goldsmith, to review these documents. Mr. Goldsmith indicated that he believed the value of this project could be contracted for significantly less than either of the proposals or estimates received by the City. Subsequently, Mr. Goldsmith did state publicly that he had spoken with a contractor and felt that the project could be contracted for at a value in the area of $1.2 million to $1.3 million. During this time period, of May to September, general construction work in the area began to 3 Commission Memorandum - ITB-43-07/08 October 22, 2008 Page 3 of 5 slow down. This slow down inactivity began showing up in news articles, in applications before our development boards, and in anecdotal conversations between construction professionals and staff. A general message from the construction industrywas that prices were coming down due to a lower demand for work. The City Commission may remember a related discussion on the issue during the consideration ofthe South Pointe Phase ll bids where at least two ofthe general contractors involved stated that costs had come down considerably, which is part of the reason for all of the prices coming in under the allocated budget. Concurrent with this discussion, and due to the request of the City for Mr. Goldsmith to review the Suffolk price proposal, Mr. Goldsmith and the Developer for the project also entered into several discussions on pricing. At this point in time, the City Manager requested staff to begin working on preparations to potentialy bid the project. Finance and Citvwide Proiects Committee A concern for the Project is to ensure that these improvements are implemented in time to coincide with the opening of the completed Project, and additionally, so as to mitigate any adverse conditions as much as possible, the work (pertormed by whichever contractor is selected} is coordinated with the Construction Phase of the Project. The Developer had also become extremely concerned due to the continued "open and continued" status of the Development Agreement on the Commission Agenda. Due to the time constraints involved with a Development Agreement, the .Developer officially notified the City that the Development Agreement must be approved by the end of October, or he would not be able to pertorm the work. This meant that First Reading would have to be at the September meeting. Therefore, the Administration presented this project, and the most recent price proposals from Suffolk and from HA Contracting to the Finance and Citywide Projects Committee on August 21, 2008. At this meeting, the City Manager suggested that the City Commission consider placing the project out to a formal bid. _ September 10.2008 City Commission Meetinsa Consistent with the suggestion at the August Finance and Citywide Projects Committee Meeting, the City Manager recommended to the Commission that the Development Agreement be rejected and the project placed out to bid. During the discussion of the item, the Devebper recommended that the Commission hold all of its options open since there was no guarantee that the project bids would come in less than the current pricing. Therefore, the Developer suggested that the Commission approve the Development Agreement at First Reading and place the project out to bid. The Mayor and City Commission agreed with this logic and approved Resolution No. 2008- 26884, approving the Development Agreement on first reading and also accepting the City Manager's recommendation to bid the project, including language in the bid that the project must be completed by a certain date. The City Commission expressed a desire to have the right-of- waywork finished concurrent with the work for the development project. During the previous discussions with the Developer, the City agreed to have a geotechnicai investigation performed at ten locations to determine the need for completely rebuilding the street or whether milling and resurfaang would be sufflcient. The geotechnical report has been completed, and it is under review by the engineer. Once this review is oampleted, a determination will be made regarding the need for rebuilding the street. The bid was structured in a mannerthat respondents provide prices for rebuilding the road and for milling and resurfacing. Should the road need to be rebuilt; the base bid will be used. Should the road not need to be rebuilt, the deductive alternates will be used for pricing. October 7.2008 City Commission Meetn4 At its October 7, 2008 Meeting, during the public hearing for Second Reading of the Development Agreement, Berkowitr Development again went on rec:oni stating that, if it was to perform the improvements, then the proposed Development Agreement must be approved by the end of October. At the October 7"' Meeting, the City Commission, opened and continued Second Reading ofthe Development Agreement to a Special City Commission Meeting on October 22, 4 Commission Memorandum - ITB-43-07/08 October 22, 2008 Page 4 of 5 2008. The clear sentiment of the City Commission, in its discussion while scheduling the Special City Commission Meeting, was that staff was not to delay the opening of bids. Due to the Commission's directive to the Administration that it wanted to have the option to consider the Development Agreement with Berkowitz, in order to continue to have that as a viable option, maintaining the current Bid Opening Date was particularly time sensitive. B!D PROCESS ITB No. 43-07/08 was issued on September 11, 2008 with an opening date of October 13, 2008. A pre-bid conference to provide information to prospective bidders was held on September 24, 2008. BidNet issued bid notices to 66 prospective proposers, RFP Depot issued bid notices to 25 prospective proposers, and 42 other local contractors were notified via mail, a-mail, and fax circulation, which resulted in the receipt of following nine (9) bids: 1. ALPINE CONSTRUCTION 2. BUDGET CONSTRUCTION 3: CENTRAL FLORIDA EQUIPMENT RENTALS INC 4. COMMUNITY ASPHALT CORP 5. DOWNRITE ENGINEETING CORP 6. GONZALEZ PAVEMENT EQUIPMENT, INC 7. TRAN CONSTRUGTION 8. RIC-MAN-INTERNATIONAL INC 9. SOLO CONSTRUCTION CORP At 3:00 pm on October, 13, 2008, all.. bids were opened and price read aloud with all bidders in attendance. City staff, inclusive of Procurement Division, Public Works Department, and the CIP Office have met to interview the key personnel and to review the Bids for responsiveness and scope. City staff has deemed all bids responsive and responsible, with Central Florida Equipment Rentals, Inc being the Lowest and Best (See attached Tabulated Bid Results) Central Florida Equipment Rentals Inc. Central Florida Equipment Rentals, Inc was incorporated in 1977 and has been in business for 30 years. Central Florida Equipment Rentals, Inc holds the following licensing: -State Florida Underground Ufility Contractor: CU C041511 -Dade County Engineering Contractor # E - 308 -Dade County General Building -Broward County Major Roads Contractor # 87-898 -State Florida Fire Protection Class V # 575528000195 The Project Manager, Marcus Thermos, has twenty-two (22) years of experience with major construction projects renging in size to $36 million. He has performed in both senior supervisory and planning positions for governmental, industrial, and commercial owners, and specializing in site, avil roadway and building concrete construction (See attached Resume) The Superintendent, Marlin E. Holman, has twenty-five (25) years of experience with general construction responsibilities. He has supervised multiples construction crews simultaneousy to include: roadway, concrete, curbs, sidewalks, asphalt, signalization, lighting, landscaping, or ~1 Commission Memorandum - ITB-43-07/08 October 22, 2008 Page 5 of 5 grassing (See attached Resume). Central Florida Equipment Rentals, Inc has experience in Plant Construction, Environmental Construction, Airport Construction, Pipeline and Utilities Construction, and Highway Construction (please see List of Projects and list of Contracts in Progress). City Manas~er's Review After considering the review~and recommendation of City staff, the City Manager exercised his due diligence and is recommending to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. City Commission Authority The City Commission shall award the contract to the lowest and best bidder. in determining the lowest and best bidder, in addition to price the following shall be considered: A. The ability, capacity and skill of the bidder to perform the Contract. B. Whether the bidder can perform the Contract within the time specified, without delay or interference. C. The character, integrity, reputation, judgment, experience and efficiency of the bidder. D. The quality of performance of previous contracts. E. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select the bidder that the Mayor and Commission deem to be in the best interest of the City pursuant to the determination of award criteria of lowest and best bid. The City Commission may also reject all bids received. CONCLUSION. It should be noted that the City's regular process of considering the price for projects and its standarc! process for bidding construction projects has resulted in a price that is reflective of the current market. At present, it appears that the market is very competitive and that the City will continue to receive bids that are lower than those received in the past year or so. The public procurement process, which is an open and competitive, transparent process, has again served the City to provide a competitive price for this project, as it has in the past. The Administration recommends the award of contract to Cenral Florida Equipment Rentals Inc., pursuant to invitation to Bid 43-07/08, for Infrastructure Improvements on LenoxAvenue and 6~' Street, based on a total lump sum bid of $837,368; with previously appropriated funding available from RDA South Pointe Fund 379, in the amount of $628,026, previously appropriated in the Fiscal Year 2001 2002 Capital Budget; and from Capital Reserve Fund 304, in the amount of $209,342, previously appropriated in the Fiscal Year 2007-2008 Capital Budget; as part of the Flamingo Neighbofiood -Bid Pack A Project. T:WaENDA12008~October 2211TB-43-07-08 Lenox and 8th Street-Memo.doc s n x w d z° a ~ ~ ~ z ~ ~ n~ a 4 w ~ ~ QO W (~ ~ y R q N b ~p 97 a N M ~' C `~~7 yC~ 8.6N ~ g~ 8 '" ~ _ ~. ~ .~ ~ E ~ ~~ D Z 7 O O O O O O O p S ~ p 6N4 64 O n W O p o S O pp O g O ~ ~ ( N~ i q ~ 01 ti W pp tf> p S ch b 06 6 F ~ N R Op V ch ~ O" ~ h M r ~ p O ~ o S ~ A O tp a~ ~+ (A O N h tip O N w~. ~ 1~ .v w o M ~ au is v N M ~ ~ r t F H ~ p ~ B pp O c p G D pO ' ~ M( f9 ss ~~ W O O O p O op O ~ ~'- ~ a ~ ~ a ~ ~ ~ . ~ ~~' c p ~ 'L' MARCUS C. THERMES Profile 16780 SW 282 St. Over twenty-two (22) years of hands on experience with major construction projects ranging in size Homestead, FL 33030 to $36 iKi7lion. Performed in both senior stgrervisoty and planning positions for governmental, (305)-796-9610 Cell ~~a'i~. and commercial owners, and specialising in site, civil roadway and building concrete construction. Education B.S. Construction Maaagensent Ezperienee University of Cincinnati • CENTRAL FLORIDA EQUIPMENT, INC. Associate Degree, Construction Medley, Florida Science Oct. 1994 to Present Professional Affiliations Senior Project 11laaager/Fatimator: Estiroatq manage, wordinate, and administer multi-ruiilion ddler Engineering Contractors oonstruotion oontraots for wdl-established civil and eagioeaing cordcaccor in South Florida wltlt annual revemres in excess of 538 Million. The awpe ofwork iiuinded is typioapy clearing cad earthwork, coatxe0e and Association (ECA) asphalt Paving, bridges, underg<ourtd atilitiea, highway lighting sad signals, and sigaygrJsiriping. •2002-2006 Board of Directors 2006 President Teaks imcludc: Preparing estimates, nagatiate sad administer cw-tracis, claimsMhenge ads preparation and presentation, project budgeting s~ cost analysis, scheduling and subcoatractor/aupplier coordinatiaa, QA/QC and satiety implanentatiom. License Special tasks umclude establislrrna-t of o~pmy Job Costing System, Ettirasting database, and Contract Underground Utility Contractor Administration systems and proadurea. State of Florida CUC1224288 ~~' B~16y ~ S°~nent i and II (56'7.6 Million), Miami, Fkaida; B-C and C-D Uadargound •Secortdary Qualifitx-Central Utilities and Apron (516 Million), Miami international Airport MIAD Roads II, Miami hrtetrtationai Airport; N.W. 79° Avant, Miami, Florida; USI Bxdusive Buslanes, Miami, Plorida; Employes Pecking Lot Phase I. Florida Equipment, Inc. MIA Miami, Florida; 482°d Fightu Wing, HARB. Homestead, Florida; Dadeland Mall Cirde, Miami, Florida; American Airlines Atenq, Miami, Florida; Wcsbide ReteWiat Paced; Mimni International Airport; Terminals CertificatiOnS 3,4,5 Phase II (RACI.). Part of Miami, Florida; ABC Distributing, Hialeah, Fkuida; Vincm- 015cea, Miami, Fiends, and various other roadway, site work and uadergroumd utility oonuacts. Notary Public, State of Florida Work Zone Traffic Control: Intermediate Confined Space Entry • FLORIDA ROCK & SAND CO., INC. CPR and First Aid Florida City, Fiotida PADI Rescue Diver Nov. 1992 to Oct. 1994 Ml)ital'y Project Coordlnator/Estimatirrg: Evaluate, aoardinete and administer multi million dollar cot~strtu;tion Ohio Army National Guard contracts far large engineering oonuactor in South Florida Florida Array National Ouard Tasb include: Qwntiiy takeoff sad pricing, scheduling, subeasttractor coordination, cisim/dtauge ceder 1986.2000 Rank: Secard Lieutenant ~~on ~ ~°a~R' Infiathy Platoon Leader proj~; Hqa Toll Plaza Renovations, Horaeatead, Florida; S.W. 137•' Avenue, Miami, Florida; S.W. Specialized as infantry Soldier & 120ei Street and 137'a Avenue,l~Garni, Plaids; Rtmway 9RR71 tit Taxiway'T" Culverts, Miami international Armor Crewmen Airport and vedous other roadway, site work sad wrdag<otmd projects. Awards: Array Commendation; Excellence in Armor; National Defense Ribbon; Res. • THE LOWFt •i • DUNN COMPANY Comp. Commendation Hialeah, Florida Feb. 1992 to Oct. 1992 Military education Basic Ttaining/A1T {Armor) Eatimator/Project Manager. Evaluated, coordinated, administered and organized wnaWctiom projects for a Primary Leadership Developmwt large accts arginexing aartractor. Scope of wont performed was typically land devekrpmetn im both a prime MOS Q (htfautry) and suboontratxor capacity. Oflieer Candidate School Tasks included: Preparing bid proposals, ct-at~e orders,, prgJect wrespondenea, wmtract adminisucatioa, Technical Proficiencies schedul;rrg, claim/chaoga seder preparation, wet summary and t~sh flog' reviews. Winl?stimator Hord Dollar Projects: N.W. 58'~ Sueet Landfill Cloauro, Miami, Pktrida; Sectors 7,15,9/20, Weston, Florida; Flamingo ACE Estimating Estates, Davie. Florida; and ntm>aars project proposals im Dade, Browned, and Palm Beach wurdios. ~ P3 Scheduling • BAKER CONCRETE CONSTRUCTION Agtek Earthwork Monroe, ~tio windows tai. Word, etc.) Jun. 1986 to Sep. 1990 Project 13agiaeer (Coop): Plamred, organized, and wmplated projects in layout, oonatruction schwduling, a~Y ooordiaation, P~~B: cost +~Y~. ~-& eonczete finishing and formwork as myor wnstrt-ction prgiects. The scope of work was typie~lly wmpkde famdatian and struennral wnaete packages for govemmeatai, iadustrisl, and wmmereial owmera. Projects: OM Saturn Pleat, Spriaghili, T14; Ft. Drum Army Base Expansion, Watertown, NY; Food Lion Warehouse, Dunn, NC; and several heavy highway projects in Ohio and KeattudCy. m MIAMIBEACH Special City Commission Meeting Clty Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 22, 2008 Mayor Matti Herrera Bower Vice-Mayor Richard L. Steinberg Commissioner Saul Gross Commissioner Jerry Libbin Commissioner Edward L. Tobin Commissioner Deede Wekhom Commissioner Jonah Wolfson City Manager Jorge M. Gonzalez City Attomey Jose Smith City Clerk Robert E. Parcher Visif us at www.miamibeachfl.gov for agendas and video 'streaming' of City Commission Meetings. ATTENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's Office. Questions regarding the provlslons of the Ordinance should be directed to the Office of the City Attorney. Call to Order-2:00 p.m. REGULAR AGENDA R2- Comuetiitive Bid Reports R2A Request ForApproval To Award A Contract To Central Florida Equipment Rentals, Inc., Pursuant To Invitation To Bid 43-07/08, For Infrastructure Improvements On LenoxAvenue And 6~' Street, Based On A Total Lump Sum Bid Of $837,368;With Previously Appropriated Funding Available From RDA South Pointe Fund 379, In The Amount Of $628,026, Previously Appropriated In The Fiscal Year 2001-2002 Capital Budget; And From Capital Reserve Fund 304, In The Amount Of $209,342, Previously Appropriated In The Fiscal Year 2007-2008 Capital Budget; As Part Of The Flamingo Neighborhood -Bid Pack A Project. (Page 1) (Procurement) Regular Agenda October 22, 2008 City of Miami Beach R7 -Resolutions R7A A Resolution Approving On Second Reading, in Accordance With Chapter 163, Florida Statutes (The Florida Local Government Development Agreement Act), A Development Agreement Between The City Of Miami Beach And Berkowitr Development Group, Inc., For The Construction Of Public Right Of-Way Infrastructure Improvements, Including Curb, Gutter, Sidewalks And Drainage, On Lenox Avenue And On Sixth Street. 2:00 n.m. Sscond Readins~ Public Hearins~ (Page 18) (Community 8~ Economic Development} (First Reading September 10, 2008) {Open & Continued From October 7, 2008) End of Res~ular As~enda Addendums 1- 3 ~ MIAMIBEACH City of Ntiami Beach, 1700 Carventian Center Drive, Miami E3each, Florida 33 i 39, www.miamilseachfl.gav PROCUREMENT DIVISION Tel: 305.673-7490 Fax: 786394-4002 October 9, 2008 RE: ADDENDUM NO. 3 TO INVITATION TO BID (ITB) NO. 43-07/08 FOR INFRASTRUCTURE IMPROVEMENTS ON LENOX AVENUE AND 6'~" STREET ("the ITB"). A recommendation to the Mayor and City Commission (the "Commission's may be presented to a special Commission meeting on October 22, 2008. Therefore, we must complete the evaluation process in an expedited manner. The process includes the interview of responsive bidders' proposed key personnel. Please have your proposed key personnel (i.e., Project Manager and Site Superintendent) available to be interviewed on Thursday, October 16, 2008. Responsive bidders will be notified on October 14, 2008, or earlier, of specific time and place for interviews on October 16, 2008. Bidders are reminded to please acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH ~.--'~< ~~ Gus Lopez, CPPO Procurement Director ITB No. 43-07/08 Infrastructure Improvements on Lenox Avenue and 6~' Street Addendum #3 10/92008 Page 1 of 1 ~ MIAMIBEACH CiFy of Miami Beach, 1700 Convention Center drive, Miami Beach, Florida 33 i 39, www.miamiiyeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786-394-4002 October 8, 2008 RE: ADDENDUM NO. 2 TO INVITATION TO BID (ITB) NO. 43-07/08 FOR INFRASTRUCTURE IMPROVEMENTS ON LENOX AVENUE AND 6T" STREET ("the ITB"). In response to questions received by prospective Bidders and the Administration's additional review of the requirements set forth in the ITB, the following additional information and/or clarification is hereby provided: I. Please be reminded that the dateline for submission of Bids and Performance Evaluation Surveys is by 3:00 P.M on Monday, October 13, 2008. Any bid received after 3 pm on October 13, 2008, will not be considered. II. For your convenience, the MS Word and Excel format files of the majority of the documents to be submitted to the City have been posted and are available for downloading at the following website address: httn://web.miamibeachfl.aovlgrocurementlscroll.asox?id=23510 OR Please send an a-mail to Maria Estevez at metevez~imiamibeachfl.s~ov to receive the aforementioned documents. III. Bidders must submitted one (1) signed original and ten (10) copies of their bid and their Risk Assessment Plan (RAP) /Value Added Submittals (VAS). RAPNAS must be submitted in a separate envelope with the bidder's information only on the outside of the envelope. Questions and Answers: Q1: Is the Survey Baseline/control point to be staked out by contractor? None are shown on the plans. A.1: The firm, Schwebke-Shiskin ~ Associates, Inc will provide control points to the contractor that is awarded the contract. Q2: The existing FPL buried lien on Lenox Ave appears to run north in conflict with the proposed 15" drainage. Can you supply as-builts drawings or profile views of the proposed 15" crossing on Lenox or show the depth of this utility? ITB No. 43-07~8 Infrastructure Improvements on Lenox Avenue and 6"' Street Addendum #2 10!82008 Page 1 of 4 A.2: Please note that the proposed drainage crossing Lenox is proposed at I.E.= (-)3.00 to clear FP&L and the Sanitary Sewer. Q.3: On the structure schedule it denotes some structures may require baffles, but does not show any indication of which ones will need baffles; please provide a detail for baffle to the installed? A.3: APPENDIX "A" provides a revised drainage structure table. The revisions include drainage structure modifications to accommodate baffles. We also modified the inlet tops to USF#5149-6015 as per the new Miami Beach Public Works Standard details. APPENDIX "A" Also provides a baffle installation detail specifying the baffle to be utilized (as per PWD Detail SD28). Q.4: Will the City reimburse the contractor for a staging area or does the City have an area already designated for staging area? A.4: Bidders must include a price for staging as the City will not be able to provide an area for that purpose. Q.5: Please confirm whether the planter pots on the corner of 5th and Alton designated with a °D" on sheet LF-1 are to be included in the scope of work. A.S: Work on 5th and Alton shall not be included. Q.6: Can the Plastic ADA ramps be submitted for the paver ADA ramps? A.6: The Civil Plans call for the use of F-DOT tactile surtace (Plastic type) Q.7: This is a request fora 30 day bid extension for Civil Improvements ~ 6th and Lennox for "Vertical Retail Center° A.7: The dateline for submission of Bids and Pertormance Evaluation Surveys remains unchanged. Any bid received after 3:00 P.M. on October 13, 2008, will not be considered. Q.8: There are trees that are shown to be removed that have already been removed. The only trees that we saw were the Date Palms of 5th street remaining to be removed - how do we price this scope? A.8: Bidders should include in their bids all costs associated with removing all of the trees that were shown on the plans to be removed Bidders are reminded to please acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH ~~f~ ~. Gus Lopez, CPPO Procurement Director ITB No. 43-07ro8 Infrastructure Improvements on Lenox Avenue and 6~' Street Addendum #2 10/8/2008 Page 2 of 4 APPENDIX "A" r;~a~ nFt~vs~aaciln ~cr.:~Vsa~a rr.~?t3+~a,~~.~7-si.er~rt.s.:~rog, «r;:.ae~ soa:sa P~ t~ »,,,~ ~.1`a ~~ t~? ..~.,~ ''}~. ~L~' k ,~3 n ~~ .•{.~ n~,~~ I...._ ~~ 4~.,~ C33 I ; ~ Cn T {:?. I,'}Z~ ~ ~.~ Cl~ yR. it ~ L' ~' .. ~: ~ , ~ . ' , ;' -ice 3w-) .... ~ G;'3 ~ CJCy `v1 CSi Y.~ .-~ ~ la4 ~ ~ ..= y~ ,~.. .~ ~~: { rp: ri :r .~a s~i .~3 ~ ;,a ,~ , .,„ ri ,~ a x ,,,3 .» ~: ;.,; . r;: ~: : ~ i~~ r3z V.w~ £~ il~ ~~~ V.J /~w.,I i.i c 3 ~ Cf ~~ /may Lp -~^ \J /~ 4~ ~~y- ~.~/ C~'~~ '~.,J :C~;~3 \J cy_~3 \.J ~ {._J yt3~~s `~~' ~c+_~, \d . ~ .... Aw~ ~ I~ ~.3 ma ~ L ; y `~•• ~ ~ ~ ~ ~ `~ ~~ 'P~'^ ~ ~ W ~ '4J x ~ .ta .~... :~~-„ ,~~.~`. ++ ~ s'. .C;. !.': x"`y,.' j. .er.. .ems,. ~'. .{:. A 1 X ~ y p y Y y I I } f • • + t ~` ' ~ ~~ ~ F..:.. ~. 1Y~.~.: E.-: ,.,A A. .-. ~~J ~F... Y y I.-:. ~ I ~ r . 7 ~ t: i.F. ~}, ,„, .. i .,"" ~~.~ 'w~{ w32 ~3 f r'~i E ~yS ~+Ir S L` ~-~in s+ ~ z ~v vt , W ; f Vi e ink ('s v 40 ~ { il~ ~..~e~ I ~ Mi ~ V< AE ~ ,V ~ {J~ • €Y~ y. ' {.,~.;: ,y,~ ~" y~~ 4 / ~ ~, tv~+ ~~ k.J r.) 1 tiJ ~T ` l..y c~ ~s r,~ y ~ ~.J c:^~ ~+ M~ ~;~ ~~ :w ~ ~ 4.+' ~; r 4J r,~ ~ y~ ra vv :,~ r~ •Y »» c:~ /~+~ r:~ .~ r;~ . ~ y 3~~ ~ `.... r~l raY I I F # s "rl sr> 3'''I ~; c~ ?~" fir. :Si ~~ c.r? c~ eti E~ i"''3 ~ ssy i-~ i ~,; r,.y ~ .~ ~~ ;:~ ~` aSa :6z s~ ~ c~ ~ e6T ~ ~ C) ~ .,w ..a I ~_ ~7 ~ C_"3 uwi C~ 2=T ~ ...a ~ _ rµ~ I ~ ~ „r I F~ r~ . . s _ L ~:S rr.~C. .^~~ rte. s ~~ ~ ;.n O '=`s ; Y CS Q t^T Y C'! X C? Y O t;t s X C7 is Cr :"A % {'? 4 t`:1 % C'? % C? O CR X f"~ X C3 i.,i: :')! ~ £ ..z ~~ !e 3 ~ ~.. t' : ~.. 1x ;s .5 E' ~s 3Y # ~,. C: a~ _ E.i''^ ;.o. LXS ,+.v~ t n ;,s tb ~ ,.p. ~ ,Xa ~: .,A. C s ..Yn.. ~ ~,A x~a ..dk Cry ,dam GO t~ti .A* Gt~ ..~. Cr3 ;'i't fJb Y.wi 7~ i.wf i~S i.~S ITB No. 43-07~8 Infrastructure Improvements on Lenox Avenue and 6th Street Addendum #2 10/82008 Page 3 of 4 TR?~€;R&!,'8mr~xwtiA~~k6Y 6r~au~alal~: ~ f9##~L`~'~So"+~1;`~'~r~ 'J?:.~,~l+tig. +.~`fit~'-0~ 3,Si4,3~ F~ ITB No. 43-07~8 Infrastructure Improvements on Lenox Avenue and 6"' Street Addendum #2 10/8/2008 Page 4 of 4 ~ MIAMIBEACH CiFy ai Miami Beath, 1700 Carvention Center Drive, Miami Beach, Florida 33 i 39, www.miamiiyeachfl.gav PROCUREMENT DIVISION Tel: 305-673.7490 Fax: 786.394-4002 October 7, 2008 RE: ADDENDUM NO. 1 TO INVITATION TO BID (ITB) NO. 43-07/08 FOR INFRASTRUCTURE IMPROVEMENTS ON LENOX AVENUE AND 6T" STREET ("the ITB"). In response to questions received by prospective Bidders and the Administration's additional review of the requirements set forth in the ITB, the ITB is hereby amended as follow: Please be reminded that the dateline for submission of Bids and Pertormance Evaluation Surveys is Monday, October 13, 2008 at 3:00 p.m. The sign-in sheet of the Pre-bid meeting held on September 24, 2008 has been included as part of this addendum (Appendix "A"). III. The Quick Reference Guide to Equal Benefits Compliance has been included as part of this addendum (Appendix "B"). IV. The unit price breakdown form has been revised to delete all quantities and unit of measures. Bidders are requested to complete the attached form which is FOR INFORMATIONAL PURPOSES ONLY. Bidders shall rely on their own quantity take- offs in the development of their lump sum prices. Cost component of AWARD WILL BE BASED ON LUMP SUM COST SUBMITTED (Appendix "D"). V. The pricing information will be shared with the Administration at the evaluation meeting prior to the interviews of the key members of the contractor's team. VI. There will not be any blackout dates in this work. VI. Full-time police ofFcers will not be included in the bid price. VII. An MOT plan will be required to obtain the City ROW permit. VIII. The contract documents have work hours from 8:30 am - 4:30 pm. Alternate work hours may be considered once the project is in construction. IX. Please find attached the connection detail for tying the proposed stormwater piping into the existing box culvert (Appendix "C"). X. Section 1.06 entitled "Work Sequence" under PART 1-GENERAL of the Specification Section 01010, has been revised as follows: PART 1 -GENERAL 1.06 WORK SEQUENCE 1.06 F. 1. DELETED , ~~ 1.06 F. 3. REVISE TO READ: In no case shall more than 200 linear feet of roadways be under construction at one time. This requirement does not include the final lift of asphalt, which may be installed in lengths exceeding 200 linear feet. 1.06 F. 4. REVISE TO READ: . The contract documents require a complete reconstruction of the roadways and include a deductive alternate to only mill and resurface the roadways. Asphalt transitions between new and existing pavement at the limit of work shall be placed at a maximum slope of five (5%) percent. 1.06 F. 9. REVISE TO READ: Construction within the right-of--way of affected roads shall be scheduled so that all Improvements exclusive of the final lift of asphalt are completed at once , ~er~ Questions and Answers: Q1: Paragraph 4 on page 6 of the Invitation to Bid indicates, "The Prime Contractor should be a utility contractor, pertorming at least 40% of the work with his/her own workforce." Are General Contractors that do not self pertorm work eligible to provide a bid for this work? A1: General Contractors, Underground Utility, and Excavation Contractors can be the prime contractors on this project. Q2: The Invitation to Bid references both lump sum and unit price contracts. Please clarify if this is to be a lump sum price or unit price contract. Has a decision been taken on whether the project will be unit price or lump sum (rather than the specified lump price with accompanying unit price breakdown?) A2: Bidders are requested to complete the attached form which is FOR INFORMATIONAL PURPOSES ONLY. Bidders shall rely on their own quantity take-offs in the development of their lump sum prices. Cost component of AWARD WILL BE BASED ON LUMP SUM COST SUBMITTED. Q3: The Schedule of Prices Bid form is limited in regards to line items, specifically pertaining to the drainage work. The drainage work will require dewatering and soil retention (potentially sheet piling) can line items be added for this work are should they be carried in existing line items? A3: No, all incidental costs should be included in the line items provided Q4: The invitation to bid for the above referenced project indicates that the "Bidder" must be a General Contractor with the "Prime Contractor" pertorming at least 40% of the work. This work is all civil engineering and as a Miami-Dade County Licensed Engineering Contractor we would bid this project as the "Prime Contractor" and pertorm in excess of the 40% minimum. Can aMiami-Dade County Licensed Engineering Contractor bid this project as the "Bidder/Prime Contractor"? A4: General Contractors, Underground Utility, and Excavation Contractors can be the prime contractors on this project. Q4: There is no wiring on this bid sheet for: "Traffic loop at 6th St and Alton Rd" It is not shown on the drawings and we need to know if this is just to replace a traffic loop or it is an addition to the existing traffic signalization. If it is an addition, we may require additional items as it will be required to add a new LM222 loop detection card and the Traffic Control programming must be change for this loop recall. A5: This work is merely replacement of the loop that will be damaged during construction of the project. 46: What is the duration time for the contract (two different durations were mentioned, one duration in the meeting another duration in the specs)? A6: 180 days to substantial completion and 210 days to final completion. See 01010, 1.06 E and F. Q7: If the project will bid with the unit price form included in the specs, will this form be revised prior to bid? A.8 No. All costs associated with the work should be included in the line items provided. Q8: Will there be a Construction Management Consultant (such as Hazen and Sawyer) assigned on this job? A.8: See 01010, 1.01 E, Hazen 8z Sawyer is the program manager. Q.9: We notice that there are no line items on the bid sheet for mobilization cost please clarify where these cost should be included in our bid. A.9: Yes, bidders should include their mobilization cost as part of their lump sum bid. Q.10: Will the bid date be changed for this project from October 13th? A.10: No. The bid submission date remain Monday, October 13, 2008; The City of Miami Beach does not contemplate Columbus Day as a holiday and will be open for business. Q.11: If we have sent in surveys for previous Miami Beach projects, are we required to have them sent in again? It was my understanding that this was a onetime process when working with Miami Beach. A. 11: No. However, new surveys may be submitted. Bidders are reminded to please acknowledge receipt of this addendum as part of your ITB submission. Potential bidders that have elected not to submit a response to the ITB are requested to complete and return the "Notice to Prospective Bidders° questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH ~~• Gus Lopez, CPPO Procurement Director APPENDIX "A" ~~~~ C~'T3RT OE ~~i BE,A.G~ PRE-.BID ~IEET'ING S;CG~....~~'~ ~~EE7 DATE, Sr~steir~bt~;~~ X008 I~ ~o.: ~'~~43-~7lQ£~ T1TI.E: ~RA`s1`RLTG`TI~E ~iPT~C3VEI~t~+l~i'T [~~' ~.~Tt]X AVE~'~,~ ~Ai~tiT3 t4'~ ~.r~ ~,~s~ ~razrir~ e.~~wr~ ~a~u~ - ~,-~ ~.~n~ ~~~t~~-E~ : A~~ ~ ~'~$xi& ~ii~L"Vt~:L C';til~ - ~iYtGPi3~ti~ D)"V]$itiii 3Q~-Ci~~-'~~ / ~~-~~4-~~~.` V'P1'~tX}i)~E i~ fi tiV ~~~ ~vYic~cI Va~.des C:h~E'!-:Pxcxui~ctii~xt 1?iviszciix Commciidty.Aspha~tOHI. Gxc~ip W--~ ~~C~S~S~c~i~Ct,1 305°~73~?:94~ 305-~~-Q70£~ ]~~t#.2t3~ ?,~3-72Q 5 "t$5-$72-3?44 ~~y y..~~y /~ g ~ r~ ,. y ~ etMe'~yt~ ~-. 'Ja~~ ~i tei~7~C1''~Cy'fa~i ~~6-7t2'~"'~~: #~fw~-tea _..,. tir~a ~i~.~~ar=Cr~S~c ~c+tr. ~~3~t ~~~ b~i~ii 1'Y3.fi ~ il'~_` `-~~ { t~.l~t~/~dE~ r tr _ ccrrs ~Si912°1Q.yC+ ~~"-S~~°tl teas 'fir C~~n~c'~'~aa.~ ~N$GI~ I ~ .... }~lC-~1Rlrt l~l~PiO~~ r ~r~[ • ...,. - ' J~~nb tr"i&•~'s'IAM,tts '3oS-!~5--17~ 34~ 59~~"~t7~/ W \..si3 J. lJ~~ ~~~~~~ i3~~~i~ ~IGI'~-~I~T S~E~T ~.~ t~~~ ~ t d cc~n~An~ x~ - ~-~~ r;n~xESS c- ~ ~t ~~~~ ~s~,~-d~ss-• ~~,.~# ~~.~'~ t. oe 3:3 S"- mss" +P ~ ~~ ~ ~r"~ art- ,. ~at~ = ~~ ~' -~- 3r,~'°~. o p 8rnl ~oe~c i~rt. S'I~~ 7~T~' " ~.~ t ~ ~~~fr..Cbl~i~«a,~.. /~~f ~ ~ t ~~ ~ " ~ Y ' ", r. JV3'~D i~ .JV~ W ` ~ ~ V ~ ~~ ~~ ~~J ~J ~~~w/ ~i~ Alt~t ,t.~ly1 .. 72 aL~ ~' C.~ ,, -- ,+- r s '~i .moo ~~""rcw~.r,~ ~"s v~ , . ~~ ? s ~~ ,,••y` }`~ ~~1~~~-~ ----. SIGN-~~ S~H'~~ ~" NAi1~E t~~s~ P~1tAt1'} ~~e ~~~ !jam ' ~~~ ~CAN'K ~a~A3~ -~-S~i,~I1 .CDs ~avn~a ~,~ r y1~.y~/}} ~ PHL??1V ~as'- ~/p~ ~~ ~~Y' F_+ I~`'~~i ~ ~a ~# ~U 9 r ` • ~• ~ .., Qk' t t-o l~s5~~ j'~ ~r''82,~ ~~~ ~ ~r~i~dra ~' ~ ~• ~'~ . ~ ~'~'~ `~? ~rx~-aa~~.~s APPENDIX "B" ~ a..,. ~, ~ ?.~ 't ;~E:J€~~ ~~FE~ENC~~ ~'~i~IC~ Tom? EvtL.1~l. ~E:i'sl~~fT,~ Ct+~"'~.~",FLIAF~i~w' 5T~R 1': lfNEi<ER5'<ANDiNG THF. Ek;At _.... .. . Wlwt sf~>ws t#~e Essrp .ragrairei~ Tbe..#~~$ed ~:ardir~zirice tv1~ nr?quire oi3+'tair+ contractors doing business with sire Ctiy of. }~(iami. Beach:, wdw are ain~oFdtd_ a. aonli:art pursrrcrnt to rc)tl!r#x~t3~ee ~Stifs, fa }xarir3w ".qua[ $s»aefifs'" sr tfsett >9rri~kijc vridi' ~~nastii: piuHtera~ as they' #~iwidd trs nFnployaes.with spovsi~: 1iStl~+a is~ KorGred ~sy: tl~ia Qrditt>znr~a# Z:ntrix+ntrtiveiy Etid Cltu onrittacts:valvec3 of a~1er :$:~:~O;QCiO w#sais :roF~trcrcEZars> rriair#airs 51 or :mare ftisE# iiFrte: eFn~oyees. on their payrvifs :Jut3rifJ $0'~rr'rlirre ca~errclar'~+irxiC iveeli;: t=csr tnorre infirst~ntcitiaxt, sub $gt~1,B?ne#ite +"?rdt:aynCR ;xirnrrrary,. tii<l+ar #!i+-a~a :+FSrm +ov±rr~d;r 3'#ic C3rcliergru a app#oe3 f~; alE benefits afhsrec# b!'' ,~ coat#ractcx to its +~i~iF~Eayaes who Eruve ssrss or d~ne+atic poitr~ry s~trl ei! k~ettefife c~ssd rflrsci#y 3o'swcii spoeraeS ~• cl!~rnestbc parfiers; sosea when the ~r+}slayee gays: etttire;e:ost of t<+~ ~efff. This includes Bcrf is nntlrinitsx# tn;. aic~r lersve betr:urameiitlnrrsm. F:nnily meedisu€ lrlaYl°.;rSrtf~ heti~t#t }iehern3: Wl~nt as a t}rentestic i-eFrtper3 A "i~omewre #!aitrafrFn ahaEl metui amsr twa #2} as~i~~ts of flee sc>irm or dt#l~etere sex w#w hare: ragis~ered as cfarliestlt F~artriers u~t~ ,~ q,:rw~risnsent badf ptrrstiant to sfi~te ar,d #eKnl:Iflvv at~lhor~zing such te~iahbFicxc, <ir with' im intzntxe~l e~istiy. rexaie~taiereci ley the: employer of bt Eeast orte of tfre i~nrtestir pnmiers. 'fAt~ci~ if ~ eantract+zr is esne#tEe to . oiffer benefits *~~ Scuire rardFacissa gre trouble to Hrid an ins>ranci~:crnspariy:-viilri~d tr:o#~r d~+riesEic P~?ttner sovera~. V+ilsert' a corrE-ai~r tals~es o~ reasnruslfe mertsuies lo.:sts>fa rlEserti~inati~g,:but ccu~`.t ~r:naaaurxA ovitt~idrs ds control, k can sarirplywiih the ~gerrl &fncxlts.fJrrdirxsrise f# tt ~igrees to ~**cv v crrah equiy~il~nt J~::cash agsii5rq#ent is. the urnoitttt a#1 _rrrar~ay.~ld: k,y an Rrri~#oyer inr:the spvuel :FsenrefEl F#><rt: t3. ~rrnavatlable ftu t~rrrr9stiC: _ pQ[tflBfS, +SC vi.-tia Y44'Sa Far rnrre~-. €>;fauncrtion,;saerB+r~sonrxFsfeN[ezestjras App#ic:srticut, What i~ a toFtipa-ay: ~iE aoenply hut: sosedr~ tunas; to do ~t7 t'?rice a cur>lrrii:tw FitiZ~a ii clec5r tl~ut'.t: mill eairEgly with t#us G~eciara#ion, trt.cestain: situations ending, dixrimination..irt benefits. may EiR c~e{tsywrl. fex is~:ctisrxer affRrtng rnsrt~cal at»i~rn~e tnity-Ere cdeEaryyr# witil. eltie ccsnhxudor a next' enrtf#fmRr9 tx~ri<xf; <i~+nr berefri~, such :as batrner$ !ems, ruby 6e dekrsyrec! ~+ntf! t#ie cor3EPactas's gaxsot>t~e! ,.poFtaes cqn be revise. For.. more tnforrrrstksn, eee:Ku6ms if Pr:x~erlure of ern `~abstrsnt3rsl :"..srmtaliw+cie Forrtt, STEP 2: Flit Tty ~c~MPtETE Tt# DECIA~tATiIDt~ [hlQht-E1:15CR~Nl~ATlCrtrE iiH t:C2N'{R~4r~5' A[~t? BiElVEFfTS F4~RlYf, psAs for infnm~~stiori. gbwi3 Ycur company. IE t~-s oottiopuny errat~lO~rs' S0 or fans ~tsnpiaYaes:: in fire U.'S., skip3o:i+setien 4, dote mFtd sib. ~~it~ 2..s,~us~sFion lA asks wiiethec your: company {irafribits :]i~xitriirtc~ticirt i~rirtxt t~: briseii Gh thsi s:~~ris~ lisAer~. Arravrer "`Y3:5" i# your earrrparay does have. c~srh a E~KK• ~4ns~e `Ni:3:" ~# four crmprstiy d:}es:nut P+ery~ swrl3:a FxiEicy. ~uaastiosi i ~ ashy wlieff~er yisstr company! agrees to include to sfcxnfiauimination ~.~ka~.rse in aR subcc~r+tFUCts eriYerec# irita fw' sire peifcmncieice of rt ai+bstcudisa! '}icartion csf'the a~iy cotkac#s ~rov have ~#r thrx ~:ny. I#r3s elotr;e tn~isf :trttilicler ,: a~ ofP tfe.;ottt~grxies:Hsted ei gi+ration 1r1 Ynu tFxist cuF~wer this quesfion rrferr iF ~!cara-.company rsri~ net: bR enie+rir~ into unv s'+r}acorwtr'acts associated utilh work perfartr~d'fot tEie Ci3~-- 4trswe:r: "1tES:" if ysu. >vi!! agrees #u irtcfude sa norri~isctirttfntitiuri r.Icavse: in suExcattic~tn. ..~_ /~1ASWAF -:otJ~o i# you - 14f~ not aar8k to rncBide"a rxxicfarrirnanatiriFi clrrtig.iti.sr.~scruili-sx,3$.: G3uestion FA asks iNhet#ier..your cotn-pany cffrsrs beisafits ~svch as tiiedxa! inst+rarirxe; tsr errstitayees' sg+.~~sea at fr am~laycsus beciwse they ors. rncsr~ed l;saxli ~ Isar~av~arnent leave rvhich> can 6e;:tuken ,because of th$-: of a spnusa, or farrtily msdic+~6 leove which can ;bv fcrke+n fi+esxsrrse.nf:q:spcx+srrlnavirty a s+ericws:F~cfk;gl:terx~Etiax>j; r. Itrr4iVHf ~". if.yla iii~Ar ruiy such Eiensefits. Rnsivei- °t~Q° if. yea ds+;rooE o#ler aFay:~rch benefits:. NQT£: 1'oii artr.conc~rfered cis:affi~'irga bsirefit:evaet if yro+s calon't f?oD firm it: ! ~*crefis M tMr f,~enirfir is o?iFssed; ` coat rt!as:be pbid in w14i31a or tr. f?A~;~+y fig' erttptoyres, Y~,, shc+vfct stt#1.trtsyvee+- "YES''; ~'<'?u8stioDi~: ~E eutr3~:.yvhether-~ yam; -company a#Fers benefits (si,ch as . zaiadica! insurane~ 'du ernplayees' dzrm+estic fxu3nters xx #S eFrsfslrsyees Isr~cause they are.ift:e de+mestir. par'Enetafrip !:such as bereavetnseFit leave vr#iich can Ese takers l~ausa of Ehe deans of a; rloniespe. ~rurtner, or famri3y medicc~i feque a+#re:#} csnn.k~ ia~en.#rerests~r d a:.diYmesfir yxtrt~~r hrniEtt) a: serious r41x+c~icctl r,•rsnr#itiistif : . • Artsvrer "YES" 'r€ yea ufier any surh benefits. 0.nsweii- °i'+fa'7° i# Yoe ~ diet tier rhiy auc#z. #isn~idtt5 inf~Tl:: To ccmFefy, year nnsavers fn gees.+:ens 2A u:x! ~n slacwJd ~ tt+e same. )s~ sw.ry lirnfted rtrruraastanras, yssm rrxrY rrmF)ty Wtiftovt nhfsrirrg #sen~fits tsgva~'y. See Rea3annhfe rS9eaavres fi~rtk:aiion Farm. O ~~r; _, ' should be ~ilEed out t~MlY if you have answemd "Y£S" to slvASfism 2A end; car ~B. h vak3 ycw to Endtcate which faenefita you offer to spouses #ar empkyees bec:auae they are married), which benefits you after to dornastic purtnsrs jor erfrbbayees because they era in u domestic purtnArshipj, acrd which 6snaiEfs yav da ncrt vfbrer. PE,essse indicvte only tlwse benefits affererf. ~ ysrnr after benAfE#s tint v#rerstfy listed, write t#rem En wherA ii says "gthet^, Rernersifse:, .~rtrg access trr n fsearte€.ri is stiff eorfider~ee# a beneftt even tF your eampavy dace coot Pay far it. f+1cYe: # y~xr Catty offer off benefit ht v ttwtdfsetirretttafary mura~r bac:ouse of reasons outside yutar corit+a~ je.g, there are rw insamnce oouvidets wllftng to offer d~)estia: porfier Laveragej ~~ naay 6e efigibte Far Reas*rttabfer hEevsvres coetp~a:.or., T.+ cnmpfy 4n ~s basis, ynu rrxrsi a~,ree M ,nay c rash egvixzleni, suk+mit a coA:plets?rt Reosonab#a I~feasratPS Ap~icciicn Fora with aft ns+:essary• atkxcf:merits and !rave yovr:aPpJii;aHo^ approved by th,a r'rncurement I?rristar: of the CJiir cf Mktmi Rearfr. Slap 3: A11'!'AE~i'1>ff#I: NECESSIARY DQQHVfEbRA~M ~ states that you must submit documentatiw) that verifies alE bersafits rrrvrkAd in your vuswer to C,Aaeafion 2C aCA altered in v rtondiscriminatay manner. L4hen pgssrbla, iE is bast if yai+ submit this docum$nRalioa along with Yavr E?eC#cxatian farm. t=w polEcies thcd ere cnrvtittAn, submit u kNtrsr lu E#te procurement F3ivisiun indicating this, Use t#te fist below as a guide #or the type of dw_umerstaggn needed. Medical Ensw-ance A stsstemertt from your madl:al trrsurtmre prssvider ghat confirms spouses and dnmesfic partners {as defined under this L'kdinance;~ rec~rive ecEuaE coverage in your medic+aE plan. This may be in a !alter from your insurance provkter, or reflect+~d in the ellgibilEty section of your vffictal insvronce plan dt~cvment. SEmilar documentation is needed for other hypes of irssurance piano. Retis+emenf PEaraa {issclvdeng +s•0] k g }»naiaes ptlarssj The sections of your pension plan detailing #taw employees rec:niVe EwrtAfns. This shquld rvvAr faire annuity vptivns and pre retirement death benv3its pocvmenfation shcxrld indicate that employees with domestic p~nrtners and empEvye+as wit#t spouses receEve t#te same benefits and pnymerrot options. Bereavemanst Leave Ysur berAavernent levee of funAral EeavA paEky irxliev#Erig the benefEt is altered equaNy. if your policy allows employees time off From wank becxrvse of the de+.rtlt of v spouse, it six)U1d also callow bar tirsros Gaff bAC:aueA of thA d+avth Uf a domestic pvrtrwr. T fi)e policy aflows for time off due to the death of a parent ir~law or od)er r~ative aF v spouse, Et must include time nff bar the devth ref cs dwttestic partr)er's Agvivc~ler$ re#ative, Familp Leave Yovr company's Fnrr)ily anti hAediral ieav~ Act policy. AN companies with 3~ or more. employees must offer this henefiE. Yavr poltvy shovEd indEcate lF,ar employees moy take leave hecause of the serious medEcol cc,nditior, of Aaeir spau~ ar c#omestk partner. Parentwi Leave Yssur corrtpar)y`s policy indicaKrt€; that empksyees mcry take leave #cx t#re birth or adoptEon of n chid, ks care fur rs c:hikf whet is i1#, aruifrx tae aRrsud achra:>3 appointmanis. if #eave Es nun#laFsfe for step~#tikfren (the spouse's chiEdj then #eave a#sra shavid be amiEvble far the chik~ ra# n durnesrrs; fxartrrer. FnsfaE,ayee Aaaiatemce Programs Ypur company's ,employee assistance proymm policy confkming ih~st spouses, domestic parfiers and their pvrents and chikken nra egvrdly eligible ivr inetig#EaEA} frx such k)ertefits. R®Eacotian ~ Travel YoiN cgmpan~/s policy confirming that expenses far taaee# a rekacatian will be paid on tits same basis for spouses and domestic partners ~sf employees. Qiacaussta, Facilities !E Efveata Your company's Fx)lky cnnFErmirtg that discounts, facilitEes {e.g. gym} c}nd evssrats }e.y. huEErfvy prufyi are equralty avni#rdaEvs ><) apovsrss urx3 domestic partners of employees Cr~adit Slssion D,xvtnentation Pram fhe credit union indicating that spovse,s and dun>estic, partners hors equal aCCe3S tq cfedit union Services. CFsild Care l)acvmentafion that the children cif spouses (step-children) and children of domestic patirrers #r~sve equal «cess to ch+ld care services. Otlser Bwrsefits #~acwrrerrtntign of uny giber EwuAfifa listed to incliccite tEtat ~+ey are rsffArAd es}ursl#y. fur tnadiccsl insurance cgmpaniAS prcwidirrg damestir. partner ctrderaga En t#te 5taha of l+#oridn, refer to rite T~trsestic lsarinet #nsvrance Coverrstye SArarh v;anE#afsEs uraEine at: wwv,•.rninmihecxhR.auv urxdAr kushaeax; farocur+emeni dre+p down list. Fnr any gvest`ians an Efra City of AAinrrri !teach Egi>zsl P.eneFEts ~rdinvrire sx how to camp#ete H)e app#icable farms; pleasA conkuct: Cr#sfina rites:, Conharch Conx+burxr 5snviatlst PRUt~iJREbhENT [>I4t3YJtV i 700 Cc+rcnantEcm t::erabr th{vc+, Miomi iieacl,, FE 33 i 34 TeE: 3i~5.673-?dqi.. I pour. 7$6.34k.$A00! _riafmssdwz6miatniiswct>il.aw Wa ore cumrxked to providing esrceftanr pula~ir service and aolisty rc+ edi w1w tires; :rnrl~ aKi pray i++ :svr vi&rx:t kvpieiaf fricAsnc arrturvrr>;ty. ITB No. 43-07/08 Infrastructure Improvements on Lenox Avenue and Ern Street Addendum #1 10/7/2008 Page 1 of 12 APPENDIX "C" ITB No. 43-07/081nfrastructure Improvements on Lenox Avenue and 6t" Street Addendum #1 10/7/2008 Page 2 of 12 APPENDIX "D" City of Miami Beach Right of Way Improvement Program The following unit quantity breakdown is provided FOR INFORMATIONAL PURPOSES ONLY. 6th Street and Lenox Avenue Bidders shall rely on their own quantity take-offs in the development of their lump sum prices. Cost component of AWARD WILL BE BASED ON LUMP SUM COST SUBMITTED. .. ~ . GENERAL CONDITIONS Audio Video Pre-construction Record = Testing Allowance $7,500.00 = Permitting Allowance $10,000.00 = Dust Control and Cleaning = Survey and Layout Site Controls = Maintenance of Traffic = As-built Drawings = StlBTOTAL SITE WORK AND PAVING Curb and gutter removal = Sidewalk removal = Asphalt concrete pavement removal = Subgrade for sidewalks = Subgrade for road (12 in) 8-inch limerock base = Asphaltic Concrete Pavement (2 inches) _ Type Dcurb -reinforced = Type Fcurb -reinforced = 6-inch sidewalk (gray) _ 6-inch sidewalk (Miami Beach red) _ Concrete ADA curb ramps = 6-inch concrete driveway = Drop curb at driveways = Adjustment of existing sanitary and stormwater rims and covers = Adjustment of existing valve and meter boxes = Traffic loop at 6th St and Alton Rd = Installation of signage = Pavement Markings (incl. messages, arrows, and RRPM's) _ Sf1BTOTAL STORMWATER Drainage Structure Removal = Drainage pipe removal = 15-inch HDPE pipe 24-inch HDPE pipe = F-3 curb inlets w/inlet protection = Type Cmanhole - 48-inch = Type Cmanhole - 5 ft x 4 ft 10 inches = Connection to existing box culvert = Box culvert removal = SUBTOTAL ~-~ ITB No. 43-07/08 Infrastructure Improvements on Lenox Avenue and 6"' Street Addendum #1 10!72008 Page 3 of 12 LANDSCAPING AND IRRIGATION Removal of existing landscaping Winin palms Royal palms Coconut palms Medjool Date palm Pigeon Plum trees Wild Tamarind trees Indian Hawthorne Xanadu Philodendrum Paspalam sod {supreme) Weed barrier Mulch Complete irrigation system (inc. heads, driplines, lines, sleeves, valves) Water meter and backflow preventor for irrigation system Controller and power for irrigation system Tree grate /fertilization system SUBTOTAL STREET FURNITURE Trash cans Bicycle racks Benches (6-ft) LIGHTING/ELECTR/CAL IMPROVEMENTS Conduit (inc. 3/4, 1, and 1 1/4-inch) Acorn fixtures, bases, and poles Electrical Service Point Pull boxes SUBTOTAL SUBTOTAL GRAND TOTAL No compensation will be paid for any items not included in the bid tabulation. Prices include furnishing and installing all labor and materials necessary for successful completion of the work. DEDUCTIVE ALTERNATE BID ITEMS Substitute flinch sidewalks for 6-inch sidewalks (exc. driveways) _ Substitute milling and resurtacing for complete road reconstruction = Bidder's affirmation: FIRM'S NAME (Print or Type): SIGNATURE: TITLE/PRINTED NAME: ADDRESS: TELEPHONE NUMBER: FAX: EMAIL ITB No. 43-07/08 Infrastructure Improvements on Lenox Avenue and 6~' Street Addendum #1 10/72008 Page 4 of 12 Central Florida Equipment Rentals, Inc Bid Submission, Risk Assessment Plan, and Preliminary Schedule 0 7. Would )your RAP~ti'AS make technical and nen-technical individuals comfortable ~~/ith hiring you? 8. Are the pages numbEred? 9. Did you print one (1) original and ten (.0) copies of your RAP/`JAS and enclose thei~~ in a sealed en,~elope? If all items are cf"~ecked, ;.%our risk assessment plan is ready to submit. Risk Assessment Pian /Value-Added Submittals Format ~ Y Identify project potential risks that your firm and your sub-contractor(s) may not directly control and your plan to minimize each risk -included as part of your base submitfal. Prioritize the risks, listing the greatest risk first. You may add to the list as necessary. The description of the risks identified in the RAP should not have any additional cost or time, but are risks that the contractor will dry to minimize. ALL RISKS IDENTIFIED HEREIN TNAT CONTAIN COST OR TIME ELEMENTS MUST ESE INCLUDED EN YOUR f31D SUBMISSION FORM ON PAGES 5'i-53. Major Risk Items Risk 1: Vehicle traffic through construction zone (safety Plan to Close Street and provide traffic detour and local traffic only sig~s Minimize Risk: No schedule impact Risk 2: Plan to .Minimize Risk: Risk 3: Plan to Minimize Risk: Risk 4: Plan to Minimize Risk: __ Risk 5: Plan to Minimize Risk: Risk 6: Plan to Minimize Risk: BID :~0: 43-4?io8 CITY" OF'~II~1.1I BIACII I3:~TE: 09i11!C8 ~? i Risk 7: I I Plan to Palinimize Risk: Risk 8: Plan to Minimize Risk: Risk 9: Plan to Minimize Risk: Risk 10: Plan to Minimize Risk: Va{ue Added Options or Alternates (how you will differentiate yourself from others) Identify any proposed value-added options, or alternate services, not included in your base submittal, with a brief description of how they add value to the project. Identify if each item will increase or decrease project schedule, cost, or expectation. You may add/delete to the list as necessary. Cost impact of any Value Added Options listed below should NOT be included in the Base Bid Price. Schedule impact of any Value Added Options listed below should NOT be included in the Baseline Schedule. _.__. . Item 1: ._.Qve.xla.y.,~..M~. .]..a..n.g..._.&......Ae~_ux..f.ac.in.g...As.p.ha.lt._. .._ Em pact: Cost, $ / Schedule, Credit {$) 10,900 00 + Days 1 - Da s -.~...._D.a.y.s._...._.......~_..__._..__.._......_w. Item 2: • ..._.__.___....____.__.__......_w.._._...__.___.__...._._.___.__.._.__ _..._..__ ._..:.._.. __...__._._.._..__. impact:- Cost, $ / ~ Schedule, Credit ($) + Days / (-) Days Item 3: Impact: Cost, $ / Schedule, Credit ($) + Days / {-~Da~ Item 4: Impact: Cost, $ / Schedule, Credit f$) + Days / {-) Days Attach a Preliminary Project Schedule (Do not include schedule impact from Value-Added Options) BID \O: s3-07/03 CITY C~' ~IIA:~FI BE_4CII D.~TE: 09/11/08 ~3 i . . i O N r. o d ~' cn O U! 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'C W d U r~ ?` t' O O Ol m 07 W C7 Oi O T 07 O O O O O O O O O O O O O O IL y Z Z Z Z Z Z Z Z Z Z Z Z ~ ; ~ n 07 N N N N N M N N N O O O O O O O O O O O O O O ~1 O M N N N C7 d' fh ~ ~ c+7 N - j .` ~ ~ ~ I 1 ~. J _ I _ m m rn N a t °l T Of m O W I ~ W O T T 01 01 Of Z ~~¢`? 7 N 0 ' O Z O Z O Z O Z O Z O Z I O Z O Z O Z O Z O Z O J a o' f' o~ ) t C = = J O t W V' ~ ~ ~ ~ ~ ~ ~ ' ' ~ "= ~ N ~ U C t0 aD O N N tD i 7 aD 7 f0 I~ 7 n N N N N N I N N N N N O O ~ T tr O O O O Of O O 0 O 0 Ql I 0 W 0 01 O O O 0 O 07 i O 1 Of 0 O O T ip .R Z Z Z Z Z Z Z Z Z Z Z Z J ~ W fq ~ ~ 7 ~ ~ 7 ~ ~ ~ > > ~ ~ ~ ~ ~ ~ °~ N N' N N N N . N M O ~ _ ~ N ~ Q ,E 0 0 I 0 0 0 0~ 0 0 0 0 0;0 o m d ~ c° O) O .- . N ~"~ ~ V if1 (O I~ O~ u'~ O u'~ m m m m v uoi i~ ~ u~ ~' OI ~ u~ u~ u'~ ~n' m o m ;, a I ; ' ~ C ~°O I N tl O K 7. Would your RAP~ti'AS make technical and nen-technical individuals comfortable v~/ith hiring ycu? 8. Are the pages numbered? 9. Did you print one (1) original and ten (10) copies of your RAP/`JAS and enclose- the~~~ in a sealed envelope? If all items are cf;ecked, ;,-our risk assessment plan is ready to submit. C Risk Assessment Plan /Value-Added Submittals Format Identify project potential risks that your firm and your sub-contractor(s) may not directly control and your plan to minimize each risk -included as part of your base submittal. Prioritize the risks, listing the greatest risk first. You may add to the list as necessary. The description of the risks identified in the RAP should not have any additional cost or time, but are risks that the contractor will :try to minimize. ALL RISKS IDENTIFIED HEREIN THAT CONTAIN COST OR TIME ELEMENTS MIST DE INCLUDED EN YO~lR t31D SUBMISSIO~d FORM ON PAGES 5'i-53. Major Risk Items Risk 1: Vehicle traffic through construction zone (safety Plan to Close Street and provide traffic detour and local traffic only sig~As Minimize Risk: No schedule impact Risk 2: Plan to -Minimize Risk: Risk 3: Plan to Minimize Risk: Risk 4: Plan to Minimize Risk: Risk 5: Plan to Minimize Risk: Risk 6: Plan to Minimize Risk: BTD ~~: 43-0?i08 CITY' OF ~t-II~:\•II BI/_4CI3 ~.Y :'E: 09i11,'C8 :~~ Risk 7: Plan to Pvtinimize Risk: Risk d: Plan to Minimize Risk: Risk S: Plan to Minimize Risk: Risk 10: Plan to Minimize Risk: Value Added options or Alternates (how you will differentiate yourself from others Identify any proposed value-added options, or alternate services, not included in your base submittal, with a brief description of how they add value to the project. Identify if each item will increase or decrease project schedule, cost, or expectation, You may add/delete to the list as necessary. Cost impact of any Value Added Options listed below should NOT be included in the Base Bid Price. Schedule impact of any Value Added Options listed below should NOT be included in the Baseline Schedule. Item 1: _..O.u~.r.~ay.,._...M~..1.lin.g......~.....Re.sur.f.ac..in.g...._As.p.ha.lt... Impact: Cost, $ / Schedule, Credit ($) 10,000 00 + Days / - Da s -S_....Days.._.:..__.........__...__...,..:,.w.,._....:.. Item 2: . impact: Cost, $ / Schedule, Credit ($) + pays / (-) Days Item 3: Impact: Cost, $ / Schedule, Credit ($) + pays / (-~Da~s Item 4: Impact: Cost, $ / Schedule, Credit l$) _ + Days ! (-) Days Atfach a Preliminary Proiect Schedule (Do not include schedule impact from Value-Added Options) ;;ID \C: 13-07/03 CITY CP ;~il_A.:~fI BE_~CtI TABLE OF CONTENTS PAGE NOTICE FOR BIDS ......................................................................................................... 6 NO BID NOTIFICATION FORM ..................................................................................... 9 00100 00200 00300 00305 00310 00315 GENERAL INSTRUCTIONS TO BIDDERS ............................................. 10 DEFINITIONS .......................................................................................... 12 INSTRUCTIONS TO BIDDERS ............................................................... 16 1. Examination of Contract Documents and Site ............................... 16 2. Pre-Bid Interpretations ............................................................... ... 16 3. Submitting Bids .......................................................................... ... 17 4. Printed Form of Bid .................................................................... ... 17 5. Bid Guaranty .............................................................................. ... 17 6. Acceptance or Rejection of Bids ................................................ ... 17 7. Determination of Award .............................................................. ... 18 8. Evaluation .................................................................................. ... 18 9. Contract Price ............................................................................ ... 18 10. Postponement of Date for Presenting and Opening of Bids....... ... 18 11. Qualifications of Bidders ............................................................ ... 18 12. Addenda and Modifications ........................................................ ... 19 13. Prevailing Wage Rates ............................................................... ... 19 14. Occupational Health and Safety ................................................. ... 19 15. Environmental Regulations ........................................................ ... 20 16. "Or Equal" Clause ...................................................................... ... 20 17. Protested Solicitation and Award ............................................... ... 21 18. Financial Stability and Strength .................................................. ... 21 19. Equal Benefits Ordinance .................................................... .. 21 ADMINISTRATIVE EVALUATION PROCESS ...... ... .......................... 31 CITY COMMISSION AUTHORITY .................................................. 33 BID SUBMISSION REQUIREMENTS .............................................35 Contents of Qualification Statement ..............................................35 A. Identification Page and Table of Contents Page ......................... 35 B. Qualification and Experience of the Contractor's Team ................ 35 C. Past Performance ................................................................ 36 D. Risk Assessment Plan/Value Added Submittal/Project Schedule.... 37 E. Bid Price ............................................................ .................37 BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 2 TABLE OF CONTENTS PAGE Performance Evaluation Letter (to be returned directly to the City by Bidders' clients) .................................................................. 38 Performance Evaluation Survey (to be returned directly to the City by Bidders' clients) .................................................................. 39 Risk Assessment Plan Guide ......................................................... 40 Risk Assessment PlanNalue-Added Submittals Format ..................... 42 Interview of Key Personnel Guide ......................... ...........................44 00400. BID/TENDER FORM ................................................................................ 45 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES ................... 48 00407. SCHEDULE OF PRICES BID ..................................................................49 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT....... 53 00500. SUPPLEMENT TO BID/TENDER FORM QUESTIONNAIRE ............... 55 00520. SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE .......................................................... 63 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION ....................................... 64 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT........ 66 00550. RECYCLED CONTENT INFORMATION ................................................. 68 00600. CONTRACT .............................................................................................69 00708. FORM CERTIFICATE OF INSURANCE .................................................. 78 00710. FORM OF PERFORMANCE BOND ........................................................ 79 00720. FORM OF PAYMENT BOND ................................................................... 82 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL .................................. 85 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................ 86 BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 3 TABLE OF CONTENTS PAGE 00800. GENERAL CONDITIONS ........................................................................ 88 1. Project Manual .............................................................................. 88 2. Intention of City ........................................................................... .. 88 3. Preliminary Matters ..................................................................... .. 89 4. Performance Bond and Payment Bond ....................................... .. 90 5. Qualification of Surety ................................................................. .. 91 6. Indemnification ............................................................................ .. 93 7. Insurance Requirements ............................................................. .. 94 8. Labor and Materials .................................................................... .. 96 9. Royalties and Patents ................................................................. .. 97 10. Weather ...................................................................................... .. 97 11. Permits, Licenses and Impact Fees ............................................ .. 97 12. Resolution of Disputes ................................................................ .. 98 13. Inspection of Work ...................................................................... .. 99 14. Superintendence and Supervision .............................................. .. 99 15. City's Right to Terminate Contract .............................................. 101 16. Contractor's Right to Stop Work or Terminate Contract...:....... 102 17. Assignment ..................................................................... 102 18. Rights of Various Interests ................................................. 103 19. Differing Site Conditions .............................................................. 103 20. Plans and Working Drawings ..................................................... .104 21. Contractor to Check Plans, Specifications, and Data .............. 104 22. Contractor's Responsibility for Damages and Accidents........... 104 23. Warranty ..................................................................................... 104 24. Supplementary Drawings ............................................................ 105 25. Defective Work ............................................................................ 105 26. Taxes .......................................................................................... 106 27. Subcontracts ............................................................................... 106 28. Separate Contracts ..................................................................... 106 29. Use of Completed Portions ......................................................... 107 30. Lands for Work ............................................................................ 108 31. Legal Restrictions and Traffic Provisions .................................... 108 32. Location and Damage to Existing Facilities, Equipment or Utilities .................................................. 109 33. Value Engineering ....................................................................... 110 34. Continuing the Work .................................................................... 110 35. Changes in the Work or Terms of Contract Documents............ 110 36. Field Orders and Supplemental Instructions ............................... 111 37. Change Orders ............................................................................ 111 38. Value of Change Order Work ...................................................... 112 39. Notification and Claim for Change of Contract Time or Contract Price .................................................. 117 BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 4 TABLE OF CONTENTS PAGE 40. No Damages for Delay ................................................................ 117 41. Excusable Delay; Compensable; Non-Compensable ............... 118 42. Substantial Completion ............................................................... 119 43. No Interest .................................................................................. 119 44. Shop Drawings ...............................................................:............ 120 45. Field Layout of the Work and Record Drawings ...................... 121 46. Safety and Protection ....................................................... 122 47. Final Bill of Materials ................................................................... 123 48. Payment by City for Tests ........................................................... 123 49. Project Sign ................................................................................. 123 50. Hurricane Precautions ................................................................. 123 51. Cleaning Up; City's Right to Clean Up ......................................... 124 52. Removal of Equipment ................................................................ 124 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act ............................................. 124 54. Project Records ........................................................................... 125 00900. SUPPLEMENTARY EXHIBITS/SPECIFICATIONS ............... ............ 126 00920. ADDITIONAL ARTICLES ............................................................ 127 1. Prevailing Wage Rate Ordinance ........................................ 127 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) ..................... 128 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) ................... 129 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION .......................... 130 00926. FINAL CERTIFICATE OF PAYMENT ............................................ 132 00930. FORM OF FINAL RECEIPT ........................................................ 133 00950. PLANS AND SPECIFICATIONS .............................. .................... 135 01000. ADDENDA AND MODIFICATIONS .............................................. 136 02000. TECHNICAL SPECIFICATIONS .................................... .............. 137 04000. ACKNOWLEDGEMENT OF ADDENDA ........................................ 138 05000. CUSTOMER REFERENCE LISTING .............................................139 06000. PROPOSED SUB-CONTRACTOR LISTING INFORMATION ............. 141 01010. SUMMARY OF WORK ....:..................................... ..................... 142 BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 g m MIAMIBEACN City of 1Vliaserei ~easc~, 1?Oa Conventicn'~eniEr Drive, tvliarni beach, Florida s313'~; www.miamibeachfl.ycv rK~cuh~rv1~i~r DIVISI+~)i~ i?l: 3{~5•b73 ;'49G, Fcx: ?D:-~t?:3.7851 P~J~I.I~ ~IrJTI~E INVITATION TO BID (ITB) 43-07/08 FOR INFRASTRUCTURE IMPROVEMENTS ON LENOX AVENUE AND 6T" STREET Sealed bids will be received by the City of Miami Beach Procurement Division, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on the 13th day of October, 2008 for Infrastructure Improvements on Lenox Avenue and 6th Street. Scope of Work The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for Rebuilding the road and sidewalk, installation of drainage, lighting, and landscaping in the 6th Street and Lenox Avenue right of way only. Work in 5th Street and Alton Road Right of Way is not included in the scope. The work under this Project includes, but is not limited to site preparation; earthwork, milling and resurfacing, sidewalk replacements / reconstruction; storm drainage infrastructure installation; lighting; and streetscape /planting Improvements. The Prime Contractor should be a utility contractor, performing at least 40% of the work with hislher own workforce. The bidder (General Contractor) must have' a valid State of Florida General Contractor's License or Underground Contractor License. Estimated Construction Budget: The estimated construction cost is $ 1.5 million. Bid Guaranty: A Bid Guaranty of 5% is reauired with bid submission, and the successful Bidder executing the Contract will be required to provide Performance and Payment Bonds in the amount of one hundred percent (100%) of the contract amount. Bidders will be required to submit a letter of intent, from an A rated Financial Class V surety company to bond the Project. At the time, date, and place above, bids will be publicly opened. Any bids received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid before the stated time and date is solely and strictly the responsibility of BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 6 the bidder. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Bid Conference is scheduled for 10:00 a.m. on September 24, 2008 at the following address: City of Miami Beach, City Hall -City Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida. Attendance (in person or via telephone) to this Pre-Bid submission meeting is encouraged and recommended as a source of information but is not mandatory. Bidders interested in participating in the Pre-Bid submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America) (2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and followed by the star (*) key). Bidders who are interested in participating via telephone, please send an a-mail to mestevez c~miamibeachfl.gav expressing your intent to participate via telephone. Plans and Specifications for this project are available in digital format on CDs. Please call Maria Estevez at 305.673.7000, ext. 6558, or a-mail mestevez~miamibeachfl.gov to secure a CD set of the Plans and Specifications. The cost for these CDs is $20.00; company checks and cash accepted, no credit cards please. The CDs can be picked up in the Procurement Division, 3`d Floor, City Hall. The City of Miami Beach is using RFP Depot as central notification system, which provides bid notification services to interested vendors. RFP Depot allows vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.rfpdepot.com If you do not have Internet access, please call the RFP Depot's vendor support group at 801-765-9245. The City of Miami Beach also utilizes BidNet for automatic notification of bid opportunities and document fulfillment. This system allows vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: www.aovbids.com/scripts/southflorida/public/home1 asp. If you do not have Internet access, please call the BidNet support group at 800-677-1997 extension # 214. Interested bidders who would like to know particulars of this and other bids for the City of Miami Beach should view the Procurement Division's web page at http://www.miamibeachfl.pov/newcity/degts/purchase/bidintro asp BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 7 Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by a-mail to mks_t_evez__(c'~mar~ibea~hfE.gov mail, or facsimile, to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (786) 394-4624 no later than October 3, 2008. The Bid title/number shall be referenced on all correspondence. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. YOU ARE HEREBY ADVISED THAT THIS INVITATION TO BID IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: htt J/www.miamibeachfl. ov/newci /de ts/ urchase/bidintro.as • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389. • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS -ORDINANCE NO. 2005-3494 Sincerely, f_.~ `"` ~.. Gus Lopez, CPPO Procurement Director BID NO: 43-0'7/08 CITY OF MIAMI BEACH DATE: 09/11 /08 g m MIAMIBEACH ~i~ty off 9!'6iaroti Beach,. 1700 Corroer.?tun Center wive, f~5iami E;each, tlorida 331s9, ~,•~,•v,•.mian:ibecc^ii.~uv PRC)C:iJi?E~,hEN'1' i~iVl ~ICFN Tel: 305-b73-7490, fax: 305-E?3-7E51 Bid No. 43-07108 INVITATION TO BID (ITB) I"OR INI=RASTRUCTURE IMPROVEMENTS PROJECT ON LENOX AVENUE AN® 6~H STREET NOTICE TO PROSPECTIVE BIDDERS NO BID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:. Not responding due to workload issues. Not responding due to minimum experience requirement. Not responding due to specifications/scope of services. Not responding due to timely payment issues OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future bids for this type or product and/or service. Signature: Title: Company: Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from our vendors list. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 9 00100. GENERAL INSTRUCTIONS TO BIDDERS: General: The following instructions and those set forth in Section 00300 herein are given for the purpose of guiding Bidders in properly preparing their bids. Such instructions have equal force and weight with other portions of the Contract Documents and strict compliance is required with all the provisions contained in the instructions. Bidders shall note that various paragraphs within these bid documents have a [ ]box which may be checked. If the box is checked, the language is made a part of the bid documents and compliance therewith is required of the Bidder; if the box is not checked, the language is not made a part of the bid documents. 2. Scope of Work: The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for Rebuilding the road and sidewalk, installation of drainage, lighting, and landscaping in the 6t" Street and Lenox Avenue right of way only. Work in 5~" Street and Altos Road Right of Way in not include in the scope. The work under this Project includes, but is not limited to site preparation; earthwork, milling and resurfacing, sidewalk replacements /reconstruction; storm drainage infrastructure installation; lighting; and streetscape /planting Improvements. 3. Location of Work: The general location of the work section is as follows:6th Street bounded by the Alton Road to the west and Lenox Avenue to the east and Lenox Avenue bound by 5th Street to the south and 6th Street to the north. Onty City Right of Way corridors within this area are included within the WORK, 5th Street and Alton Road are not included in the scope of this work. 4. Abbreviations and Symbols: The abbreviations used throughout the Contract Documents are defined hereinafter in the Technical Specifications. The symbols used in the Plans are defined therein. 5. ITB Timetable: The anticipated schedule for this ITB and contract approval is as follows: ITB issued Pre-Bid Conference Deadline for receipt of questions Deadline for receipt of BIDS Evaluation process Recommendation to City. Commission Contract Award Projected Project Initiation Start Date September 11, 2008 September 24, 2008 at 10:00 a.m. October 3, 2008 at 5:00 p.m. October 13, 2008 at 3:00 p. m. October 2008 November 2008 November 2008 November/December, 2008 BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 10 6. Bid Submission: An original and ten (10) copies of the complete Bid must be received by 3:00 p.m. on October 13, 2008. The original and all copies must be submitted to the Procurement Division in a sealed envelope or container stating on the outside, the Bidder's name, address, telephone number, ITB number 43-07/08, title, and due date. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 11 00200. DEFINITIONS: Definitions: Whenever the following terms or pronouns in place of them appear in the Project Manual, the intent and meaning shall be interpreted as follows: 1.1. Attraction: Includes private businesses, public facilities and agencies, nonprofits and other tourism-oriented service facilities. 1.2. Bidder: Any individual, .firm, or corporation submitting a bid for this Project, acting directly or through a duly authorized representative. 1.3. Change Order: A written document ordering a change in the Contract Price or Contract Time or a material change. 1.4. City: The City (or Owner) shall mean the City of Miami Beach, a Florida municipal corporation, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, which is a party hereto and /or for which this Contract is to be pertormed. In all respects hereunder, City's pertormance is pursuant to City's position as the owner of a construction project. In the event City exercises its regulatory authority as a governmental body, the exercise of such regulatory authority and the enforcement of any rules, regulations, laws and ordinances shall be deemed to have occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any manner to City as a party to this Contract. 1.5. City Commission: City Commission shall mean the governing and legislative body of the City. 1.6 City Manager: City Manager shall mean the Chief Administrative Officer of the City. 1.7 Consultant: Architect or Engineer who has contracted with City or who is an employee of City, to provide professional services for this Project. The Primary Consultant for this project is Schwebke Shiskin, Hernando Navas, 954-435-7010. 1.8 Contract: The part or section of the Contract Documents addressing some of the rights and duties of the parties hereto, including but not limited to contract time and liquidated damages. 1.9. Contract Documents Clarification: (Nat Applicable) BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 12 1.10. Contract Administrator: The City's Contract Administrator shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the Project. 1.11. Contract Documents: The Project Manual including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, to the Project Manual, the Bid Tender Form, the record of the award by the City Commission, the Performance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any additional documents the submission of which is required by this Project Manual, are the documents which are collectively referred to as the Contract Documents. 1.12. Contract Price: The original amount established in the bid submittal and award by the City, as may be amended by Change Order. 1.13. Contract Time: The original time between commencement and completion, including any milestone dates thereof, established in Article 2 of the Contract, as may be amended by Change Order. 1.14. Contractor: The person, firm, or corporation with whom the City has contracted and who is responsible for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. All references in the Contract Documents to third parties under contract or control of Contractor shall be deemed to be a reference to Contractor. 1.15. Field Order: A written order which orders minor changes in the Work but which does not involve a change in the Contract Price or Contract Time. 1.16. Final Completion: The date certified by Consultant in the Final Certificate of Payment upon which all conditions and requirements of any permits and regulatory agencies have been satisfied; any documents required by the Contract Documents have been received by Consultant; any other documents required to be provided by Contractor have been received by Consultant; and to the best of Consultant's knowledge, information and belief the Work defined herein has been fully completed in accordance with the terms and conditions of the Contract Documents. 1.17. General Public: A service shall be deemed available to the "General Public" if it is available to anyone, at any time, without any membership or other requirement limiting use by the public at large. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 13 1.18. Inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work completed by Contractor. 1.19. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.20. Mention: A specific individual listing of an Attraction on a Wayfinding Sign 1.21. Notice(s) to Proceed: Written notice to Contractor authorizing the commencement of the activities identified in the notice or as described in the Contract Documents. 1.22. Off-Premise Sign: A sign which erected upon private property that is not contiguous with the parcel that Attraction is located. 1.23. On-Premise Sign: A sign which is erected upon the same real property the Attraction is located. The sign shall only advertise the Attraction located thereon. 1.24. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual. 1.25. Program Manager: The Program Manager for this project is the City Engineer. The Capital Improvements Projects Office will be the Construction Manager for this project. Please contact Rick Saltrick, Senior Capital Project Coordinator at 305-673-7000 ext. 6565 or rsaltrickt~miamibeachfl.oov. 1.26. Project: The construction project described in the Contract Documents including the Work described therein. 1.27. Project Initiation Date: The .date upon which the Contract Time commences. 1.28. Project Manual: The official documents setting forth bidding information and requirements; contract form, bonds, and certificates; General and Supplementary Conditions of the Contract Documents; the specifications; and the plans and drawings of the Project. 1.29. Resident Project Representative: An authorized representative of Consultant or Program Manager assigned to represent Consultant or Program Manager on the Project. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 14 1.30. Seasonal Business: Any business which is not operated on a year- round basis. 1.31. Subcontractor: A person, firm or corporation having a direct contract with Contractor including one who furnishes material worked to a special design according to the Contract Documents, but does not include one who merely furnishes Materials not so worked. 1.32. Substantial Completion: The date certified by Consultant when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work is sufficiently complete in accordance with the Contract Documents so the Project is available -for beneficial occupancy by City. A Certificate of Occupancy or Certificate of Completion must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or Certificate of Completion or the date thereof are not to be determinative of the achievement or date of Substantial Completion. 1.33. Surety: The surety company or individual which is bound by the performance bond and payment bond with and for Contractor who is primarily liable, and which surety company or individual is responsible for Contractor's satisfactory performance of the work under the contract and for the payment of all debts pertaining thereto in accordance with Section 255.05, Florida Statutes. 1.34. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 15 00300. INSTRUCTIONS TO BIDDERS: Examination of Contract Documents and Site: It is the responsibility of each Bidder before submitting a Bid, to: 1.1. Examine the Contract Documents thoroughly, 1.2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work, 1.3. Take into account federal, state and local (City and Miami-Dade County) laws, regulations, ordinances that may affect costs, progress, performance, furnishing of the Work, or award, 1.4. Study and carefully correlate Bidder's observations with the Contract Documents, and 1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or discrepancies in the Contract Documents of which Bidder knows or reasonably should have known. The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the Contract Documents and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 2. Pre-Bid Interpretations: Only questions answered by written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the City's Procurement Director in writing. Interpretations or clarifications considered necessary by the City's Procurement Director in response to such questions will be issued by City by means of Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received the Bidding Documents. Written questions should be received no less than ten (10) calendar days prior to the date of the opening of Bids. There shall be no obligation on the part of City or the City's Procurement Director to respond to questions received less than ten (10) calendar days prior to bid opening. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 16 3. Submitting Bids: All bids must be received in the Procurement Division, City of Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, before the time and date specified for bid opening, enclosed in a sealed envelope, legibly marked on the outside: BID FOR: ~NVIT~4TlON TC3 BIER (ITB) FOR iNFRA~TRUGTURE i~PRQV~MEh[TS C3lV LENOX /AVENUE ANQ fiT" STREET BID/CONTRACT NO.: 43-07/08 4. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein and must give the price in strict accordance with the instructions thereon. The bid must be signed and acknowledged by the Bidder in accordance with the directions on the bid form. 5. Bid Guaranty: All bids shall be accompanied by either an original bid bond executed by a surety company meeting the qualifications for surety companies as specified in Section 5, General Conditions, or by cash, money order, certified check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form 00410), treasurer's check or bank draft of any national or state bank (United States), in the amount of 5% of the bid amount, payable to City of Miami Beach, Florida, and conditioned upon the successful Bidder executing the Contract and providing the required one-hundred percent (100%) Performance Bond and Payment Bond and evidence of required insurance within fifteen (15) calendar days after notification of award of the Contract. A PERSONAL CHECK OR A COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID SECURITY. Security of the successful Bidder shall be forfeited to the City of Miami Beach as liquidated damages, not as a penalty, for the cost and expense incurred should said Bidder fail to execute the Contract, provide the required Performance Bond, Payment Bond and Certificate(s) of Insurance, -within fifteen (15) calendar days after notification of the award of the Contract, or failure to comply with any other requirements set forth herein. The time for execution of the Contract and provision of the Performance Bond, Payment Bond and Certificate(s) of Insurance may be extended by the City's Procurement Director for good cause shown. Bid Securities of the unsuccessful Bidders will be returned after award of Contract. 6. Acceptance or Refection of Bids: The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of ninety (90) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of ninety (90) calendar days from the BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 17 date of bid opening by delivering written notice of withdrawal to the Purchasing Division prior to award of the Contract by the City Commission. 7. Determination of Award: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: a. The ability, capacity and skill of the bidder to perform the Contract. b. Whether the bidder can perform the Contract within the time specified, without delay or interference. c. The character, integrity, reputation, judgement, experience and efficiency of the bidder. d. The quality of performance of previous contracts. e. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 8. Evaluation: An interim performance evaluation of the successful Contractor may be submitted by the Contract Administrator during construction of the Project. A final performance evaluation shall be submitted when the Request for Final Payment to the construction contractor is forwarded for approval. In either situation, the completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to the successful CONTRACTOR. Said evaluation(s) may be used by the City as a factor in considering the responsibility of the successful CONTRACTOR for future bids with the City. 9. Contract Price: The Contract Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the Contract Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable. 10. Postponement of Date for Presenting• and Opening Bids The City reserves the right to postpone the date for receipt and opening of bids and will make a reasonable effort to give at least seven (7) calendar days written notice of any such postponement to each prospective Bidder. 11. Qualifications of Bidders: Bids shall be considered only from Contractors which submit their bid by the bid's due date; Bidders who meet the "Minimum Requirements"; Bidders that provide the 5% Bid Bond; and Bidders that submit all required documentation as requested under this Invitation to Bid. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 lg condition, experience record, personnel, equipment, facilities, principal business location and organization of the Bidder, the Bidder's record with environmental regulations, and the claims/litigation history of the Bidder. 12. Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven- (7) calendar days prior to bid opening. All addenda and other modifications made prior to the time and date of bid opening shall be issued as separate documents identified as changes to the Project Manual. 13. Prevailing Wage Rates: (NOT APPLICABLE TO THIS ITB) City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work. covered by the contract, shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects; which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. 14. Occupational Health and Safety: In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this bid must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The MSDS must include the following information: 14.1. The chemical name and the common name of the toxic substance. 14.2. The hazards or other risks in the use of the toxic substance, including: 14.2.1. The potential for fire, explosion, corrosion, and reaction; BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 19 14.2.2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 14.2.3. The primary routes of entry and symptoms of overexposure 14.3. The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 14.4. The emergency procedure for spills, fire, disposal, and first aid. 14.5. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 14.6. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 15. Environmental Regulations: The City reserves the right to consider a Bidder's history of citations and/or violations of environmental regulations in investigating a Bidder's responsibility, and further reserves the right to declare a Bidder not responsible if the history of violations warrant such determination in the opinion of the City. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and dispositions thereof. The nonsubmission of any such documentation shall be deemed to be an affirmation by the Bidder that there are no citations or violations. Bidder shall notify the City immediately of notice of any citation or violation which Bidder may receive after the Bid opening date and during the time of performance of any contract awarded to it. 16. "Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the Contract Documents including plans and specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, or otherwise, City, through Consultant, will have made its best efforts to name at least three (3) such references. Any such reference is intended merely to establish a standard; and, unless it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the materials, article or equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 20 ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO BIDDER. 17. Protested Solicitation Award: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. 18. Financial Stability and Strenath: The bidder must be able to demonstrate a good record of pertormance and have sufficient financial resources to ensure that they can satisfactorily provide the goods and/or services required herein. Bidders/Proposers shall submit (if requested by the City, and not part of its bid submission) financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request by the City. Such statements should include, as a minimum, balance sheets (statements of financial position) and statements of profit and loss (statement of net income). When the bid submittal is from a Joint Venture, each Bidder/Proposer involved in the Joint Venture must submit financial statements as indicated above. Any Bidder/Proposer who, at the time of bid submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Bidder/Proposer under federal bankruptcy law or any state insolvency, may be declared non-responsive. 19. Eaual Benefits Ordinance Bidders are advised that this Bid and any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of Ordinance No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly pertorming work on the contract within the City of Miami Beach. All bidders shall complete and return, with their bid, the "Declaration: Non- discrimination in Contracts and Benefits" form contained herein. The City shall not enter into any contract unless the bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 21 Partners and employees with spouses and/or between the Domestic Partners and spouses of such. employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that the successful bidder Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that bidders are considered in compliance if bidder provides benefits neither to employees' spouses nor to employees' Domestic Partners. Following this page please find a Q & A of the major points of the proposed Ordinance. Additionally, the following documents need to be returned to the City with your bid: ^ Declaration: Nondiscrimination in Contracts and Benefits Form ^ Reasonable Measures Application Form PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY The foregoing analysis provides a summary of the major points of the proposed Ordinance: 1) What is the intent of the Ordinance? The proposed Ordinance will require certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with Domestic Partners, as they provide to employees with spouses. 2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance cover? "Equal Benefits" means that contractors doing business with the City who are covered by the Ordinance shall be required to provide the same type of benefits that they offer to employees and their spouses, to employees with Domestic Partners. The type of "Benefits" defined by the Ordinance and which may be offered by a contractor include: sick leave, bereavement leave, family medical leave, and health benefits. The "Benefits" defined in the Ordinance are the same type of benefits that the City provides to Domestic Partners of City employees, pursuant to Section 62-128 of the City Code). BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 22 Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the Ordinance a Contractor is not required to provide all the above-described benefits. Contractors are only required to offer the same type of Benefits they offer to their employees with spouses, to employees with Domestic Partners. Additionally, a Contractor who offers no benefits to employees or their spouses, would not be required to offer any benefits to employees with Domestic Partners (and would still be in compliance with the Ordinance).] 3) Who is considered a "Domestic Partner" under the Ordinance? A "Domestic Partner" shall mean any two (2) adults of the same or different sex who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. 4) What type of Contracts and/or which Contractors are covered by the Ordinance? The Ordinance only applies to the following: • Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.). • Contracts valued at over $100,000. • Contractors who maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks in either the current or the preceding calendar year. • Contractors covered by the Ordinance are only required to comply as to employees who: 1) either work within the City limits of the City of Miami Beach; or 2) the contractor's employees located in the United States, but outside of the City limits, only if those employees are directly performing work on the City contract (covered by the Ordinance). 5) In what cases does the Ordinance not apply? The provisions of the Ordinance do not apply where: • The City contract has been has been entered into prior to the effective date of the Ordinance (including renewal terms contained in such contracts). • The City contract is not competitively bid. • The City contract is valued at less than $100,000. • The contractor has less than 51 employees. • The contractor does not provide Benefits either to employees' spouses or to employees' Domestic Partners. • The contractor is a religious organization, association, society or any .non profit charitable or educational institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society. • The contractor is another government entity. The following City contracts are not covered by the Ordinance: BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 23 • Contracts for sale or lease of City property. • Development Agreements. • Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the City's Office of Community Development • Cultural Arts Council grants • Contracts for professional A/E, landscape A/E, or survey and mapping services procured pursuant to Chapter 287.055, Florida Statutes ("The Consultants Competitive Negotiation Act". • Contracts for the procurement of life, health, accident, hospitalization, legal expense, annuity insurance, or any and all other kinds of insurance for the officers and employees of the City and their dependents, from a group insurance plan. The Ordinance provides, upon written recommendation of the City Manager, that the City Commission may, by 5/7ths vote, waive application of the Ordinance for the following: • Emergency contracts. • Contracts where only one bid response is received. • Contracts where more than one bid response is received, but none of the bidders can comply with the requirements of the Ordinance. The City's ability to apply the Ordinance may also be preempted in instances where the Ordinance impacts health, retirement, or pension program which fall within the jurisdiction of the Employee Retirement Income Security Act (FRIBA), and may under certain circumstances be held invalid under Federal preemption. 6) How is the Ordinance enforced by the City? • City contracts that are covered by the Ordinance shall notify pptential bidders/proposers of the Ordinance and its requirements in the issued bid documents. • At the time of entering into the contract with the City, the proposed City contractor shall certify to the City that it intends to provide Equal Benefits, along with the description of its employee benefits plan, which needs to be delivered to the Procurement Director prior to entering into the contract. • The City has the ongoing right to investigate/audit contracts for compliance with the provisions of the Ordinance. • The contractor is required to post notice to its employees at its place of business that it provides Equal Benefits. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 24 7) Is there another way for a Contractor who does not provide Equal Benefits to comply with the Ordinance? If a contractor covered by the Ordinance has made a reasonable yet unsuccessful effort to provide Equal Benefits,. it can still comply with the Ordinance by providing an employee with the "Cash Equivalent" of the similar benefit(s) offered to the contractor's employees and their spouses. 8) What are the penalties for non compliance? Failure of a contractor to comply with the requirements of the Ordinance may result in the following: • Breach/default under the contract. • Termination of the contract. • Monies due under the contract may be retained by the City until compliance is achieved. • Debarment of contractors from City work, as prescribed by the City Code. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 Zg [.J-~ CITY QF MIAMI BEACH DECLARATI(}N: NONDISCRIM1NATlON 1N CONTRACTS AND BENEFITS Section 1. Vendor (nfarmaton Central Florida Robert Baer, V.P. Name of Company:. Name of Company Contact Person: quipmen enta s, Inc. Phone Number; 305-888-3344 ": fax Number:305-887-7804 E-mail: marcus(~cen rat f l o idaequp, com Vendor Number (if known}; t=ederal CD ar Social Security Number: 59-1782227 Approximate Number of Employees in the U.S.: 86 (If 50 or less, skip to Section 4, date and sign) Are any of your empfoyees covered by a caflective bargaining agreement or union trust fund? _Yes X No tlnian name(s):. Section 2, Compliance Gtuestions Quesfon 1. Nondiscrimination -Protected Classes A. Does your carnpany agree to not discriminate against your employees, applicants for employment, empfoyees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories fisted below? Please note: a "YES" answer means your company agrees it Witt not discriminate; a "NO" answer means your company refuses to agree that. it wiN not discriminate. Please answer yes or no to each category.. Race X Yes _No Sex Yes X No Color X Yes _ No Sexual orientation _ X Yes# No Greed X Yes _ No ;Gender identity (fransgender s tatus} g Yes _ No Religion K Yes _ No Domestic partner status ~ Yes _ _ No National origin X,, Yes _ No ~_: Marital status X, Yes _ No Ancestry X- Yes _ No ;Disability Yes _ No .:Age X- Yes _ No AIDS/HtV status Yes No ;Height: X-Yes _ No t:': Weight _ ~ Yes No X B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract yvu have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. X, Yes _ No BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 26 Question 2. Nondiscrimination -Equal Benefits fof Employees wikh Spouses and Employees with Domestic Partners Questions 2R and 2B shouEd~be answered YES even ~f your employees must pay4some or all of the cosf of spousal or demestic partner benefits. A. Does your compar~y provide or offer access to any benefits to employees with spouses or to spouses of employees? X Yes No B. Does your company provide ar offer access to any benefits to employees with (same or opposite sex} domestic partners'' or to domestic partners of employees? _Yes,_Not*If awarded the contract CFER, ur~inan~P nn yn ~~,~ "The term Domestic Partner shall weary any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to sfate or focal taw authorizing such registration, or wifh an internal registry maintained by the employer of of least one of ttye domestic partners. A Contractor may institute an intemat registry to allow for the provision of equal benefits to employees with domestic partner who do not. register their partnerships pursuant to a govemitientat .body authorizing such.. registration, ar who are located in a jurisdiction where no such governmental domestic partnership exists, A Contractor that institu#es such registry shall not impose criteria for registration that are more stringent than those required far domeslic partnership registration by the City of Miami Beach Inc. would comply with if yn1 a~awareri "N n" to hnth n~~gstingg 7Q and ?R{ ~a to Swrtinn Q lal the bnttnm ~f this page), complete and sign the form, filling in alt items requested. if you answered "'YES" to either or bath 4uestions 2A and 2B, please continue to Question 2C be[aw. Question 2. (contirtuedJ C. Please check. all benefits that apply to your answers above and list in the "other" section any additional benefits not. already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the. spouse or domestic partner, such as medical insurance. BENEFIT Yes far Yes far Employees No, this Benefit Documentation of this Employees with with Domestic is Not Offered Benefit is Submitted t-lealth S ousel :i Partners with this Farm Dental , ~~i,, r- • _ ~ r ri Vision "~ ~ Ci Retirement (Pension, ~~ -"'- a ~, "-" r,~ ra ri 401 k . eto. Bereavement Famil Leave ~, ,gip ri :Parental Leave ~ ~~ Employee Assistance ~~ r; ` rV ra Pro ram ' Relocation & Travel ~;, Company Discount, r _ n n Facilities & Evenfs w. ~' Credit Union Ghitd Care ;:a c:Y ~, ~ Other r. DATE: 09/11/08 27 Note: if you can not offer a benefrt in a nondiscriminatory manner because of reasons outside your control, (e, g., there are no insurance providers in your area willing to offer domestic partner coverage} you may be eligble for Reasonable Measures compliance.. To comply on this basis,. you must agree to pay a cash equivalen#, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DQCUMENTATION #o verify each benefit. marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the C+#y's Equal Benefits Requirement for fomestic Partner Ordinance, Forexampie, to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbooK. if documentation far a particular benefit does. not exist, attach an explanation. Have you submitted suppoRinq documentation far each benefrf offered? XYes No Section 4. Executing the Document. t declare under penalty of par~ury under the taws of the State of Florida. that the foregoing is true and correct,. and that i am: authorized fo bind this entity contractuatty. /)~ Exe ed is ~~ I day of ~U`~:)P{~in the year ~, at !7 ~~l t' '~J ~~ City ~ State 9030 NW 97th Terrace Signature Robert Baer Name of Signatory (please print} Vice-.President Title Mailing Address Medley, FL 33178 City, State, Zip Code BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 28 .. .v : ; CITY OF MIAIIAI BEACH REAS+1r3NABiWE MEABURES APPLICATI©N Declaration: Nondiscrimination in Contracts and Benefits Submit this fours and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash egcsivalent to employees for whom equal benefits are not available. You must submit the following information vaith this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits, 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received €rom such benefits providers, and if written responses are unavailable; summaries of oral resporsses; and 4. Any other irrformatiars you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federa€ or state laws which preclude the ending of discrimination in benefits. I declare (or certify:) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that 1 am authorized to bind this entity corstractually_ ]Name ofi Company (please print) Signature Name of Sigrxatory (please print) Title BID NO: 43-07/08 DATE: 09/11 /08 Mailing Address of Company Cit~r, State, dip Telephone Number Date CITY OF MIAMI BEACH 29 A. REASONABLE MEASURES The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: (1) The number of benefits providers identified and contacted, in writing, by the City Contractor, and written documentation from these providers that they will not provide equal benefits; (2) The existence of benefits providers willing to offer equal benefits to the City Contractor; and (3) The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. CASH EQUIVALENT "Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefits to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: a. For bereavement leave, cash payment for the number of days that would be allowed as paid time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. b. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regular basis while the domestic partner employee maintains the such insurance in force for himself or herself. c. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 30 00305. ADMINISTRATIVE EVALUATION PROCESS The sequence of events will be as follows: • Invitation to Bid issued. • Pre-Bid Meeting held. . • Receipt of bids. • Opening and listing of all bids received. • Review all bids for responsiveness. • Distribution of all responsive bids to the Administration for evaluation. The evaluation process to be used by the City Administration for this bid will be one of "Best Value" (BV) Procurement, meaning that the City Administration will, in addition to price, consider past pertormance of the Contractor's team on previously completed projects; a Risk Assessment /Value Added Submittal (RAPNAS) prepared for this project by the contractor and included as part of the submittal; and the qualifications of key members of the proposed Contractor's team to perform based on interviews conducted by the Administration. (See Section 00315). The Administration will rank all responsive bidders and submit their recommended ranking to the City Manager. The evaluation and scoring process to determine the ranking of bidders will be as follows: (25 points) Qualifications and Experience of Contractor's Team and Presentation and Interview of Key personnel 2. (10 points) RAP /VAS Submittal - A Preliminary Project Schedule should be attached to the RAP /VAS. The description for the risks identified in the RAP should not include any additional cost or time. These are risks that the contractor may not have direct control over but will try to minimize. Value Added Submittals (VAS) may increase /decrease project cost or time. 3. (5 points) Past performance based on number and quality of the Performance Evaluation Surveys received. 4. (60 points) Base Bid Price -All bidders shall be required to include, as part of the submittal, a breakdown of the Lump Sum (base bid) amount, as listed in Section 00407. A proportional amount for overhead and profit should be separately. The pricing information will be shared with the Administration at the evaluation meeting prior to the interviews of the key members of the contractor's team. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/l l /08 31 Citv Manager's Review After considering the recommendation of the Administration, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. If only one bid response is received, the City Manager, without any action by the Mayor and City Commission, has the authority, pursuant to Section 2-367 of the Miami Beach City Code, to exercise any of the following options: 1. Reject the bid and, if he determines that same is in the best interest of the City and re-advertise the project for bidding; or 2. Request that the Mayor and City Commission make additional funds available and proceed to negotiate an agreement with the sole bidder. In addition, if there are two or more bidders, the City Manager may also negotiate an agreement with the lowest and best bidder exceeding the budgeted amount of the work. If the City Manager is unable to successfully negotiate an agreement with the lowest and best bidder, the City Manager may terminate negotiations with such bidder and commence negotiations with the second lowest and best bidder. If the City Manager is unable to successfully negotiate an agreement with the second lowest and best bidder, the City Manager may terminate negotiations with the second bidder and commence negotiations with the third lowest and best bidder. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 32 00310. CITY COMMISSION AUTHORITY Award of Contract: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price the following shall be considered: A. The ability, capacity and skill of the bidder to perform the Contract. B. Whether the bidder can perform the Contract within the time specified, without delay or interference. C. The character, integrity, reputation, judgment, experience and efficiency of the bidder. D. The quality of performance of previous contracts. E. The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. The City Commission shall consider the City Manager's recommendation(s) and, may approve or reject the City Manager's recommendation(s). In any case, the Mayor and City Commission shall select and authorize negotiations with the bidder(s) which the Mayor and Commission deem to be in the best interest of the City pursuant to the determination of award criteria of lowest and best bid. The City Commission may also reject all bids received. The selection or approval by the City Commission shall not constitute a binding contract between the City and the selected or approved bidder(s). A binding contract will exist upon the completion of successful negotiations as determined by the Administration, the City Attorney's Office form approving the contract or contracts, and the Mayor and City Clerk or their respective designees signing the contract(s) after the selected or approved bidder(s) has (or have) done so. Only the executed contract(s) will be binding on the contracting parties. Following Commission approval, and prior to execution of the contract with the selected bidder, there shall be a period during which time the contractor is expected to produce a Best Value Risk Management Plan. The Risk Management Plan will be developed taking into consideration the: RAP/VAS included in the contractor's submittal; any other risks, identified by other contractors, that the City deems pertinent to the project; any concerns or issues, expressed by the client, that could negatively impact the project's cost and schedule; key personnel interview minutes; contract plans and specifications; and other issues discussed during the pre-contract execution period. During the pre-contract execution period and the development of the Risk Management Plan, the contractor is expected to complete a number of tasks and activities meant to both identify risks that the contractor does not control (and the contractor's plan to minimize those risks) as well as helping to clarify any client concerns and intent. These activities include: reviewing the design and requirements in detail, identifying any issues or concerns and seeking clarifications and approvals for any value-added or value- engineering proposals; coordinating with suppliers and sub-contractors to make sure BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 33 there are no issues with the requirements, costs or delivery schedules; submitting a detailed schedule of the entire project, including critical milestones and any client action items; coordinating with all client representatives and permitting agencies to ensure that their requirements can be met; coordinating any value-added submittals, including providing justifications of their associated costs, if requested; and submittal of an approved Risk Management Plan. The contractor will be required to submit a standard BV weekly risk management report. The contractor's Best Value Risk Management Plan and weekly reporting format will be included in the contract. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 34 00315. BID SUBMISSION REQUIREMENTS The following information should be submitted with your bid response. CONTENTS OF QUALIFICATION STATEMENT Bid packages must contain the following documents, each fully completed, and signed as required. Bid packages which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed in the City's sole discretion to be non-responsive. The City reserves the right to request any documentation omitted, with exception of the 5% Bid bond and the Bid Price form. Bidder must submit the documentation within three (3) calendar days upon request from the City, or the bid shall be deemed non-responsive. Non-responsive bid packages will receive no further consideration. A. IDENTIFICATION PAGE AND TABLE OF CONTENTS Bidder shall provide an Identification Page including the following information: ^ Name of Bidder. (Note: if co venture, specify) ^ Address of submitting Bidder. (Note: if co venture, specify) ^ E-mail address for the appropriate contact person at the submitting company. ^ Phone number and facsimile number of submitting Bidder. ^ Federal Tax Identification Number for submitting Bidder. ^ Declaration regarding company organization, whether as Corporation, Partnership, or other. (Note: if co venture, specify) ^ Pre-qualification information ^ Signature of an officer or other individual of the submitting Bidder who has the authority to bind said Bidder. ^ Printed name of the authorized signing officer or other individual. ^ Title of the authorized signing officer. ^ Date of signature. ^ Table of Contents. B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM It is a requirement of the bid that the Bidder staff the project with competent individuals and qualified supervisory personnel. To that end, the Bidder shall provide: Bidder (Business Entity) shall demonstrate the Contractor Team's (i.e., General Contractor, sub-contractors, and key personnel) ability to execute the type of work described within the Contract Documents of this Invitation to Bid (ITB). BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11 /08 35 It is recommended that the bidder provide representative projects as outlined above to include the following information and components: • Bidder's role • Project name • Project location • Brief description of work performed • Names, addresses, telephone number, fax number, and contact name for the following: • Owner or Agency • Name of General Contractor's project manager and field superintendent • Awarded contract amount and final contract amount • Project Status (Projects may include finally completed projects, substantially completed projects, as well as projects in-progress). An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shall include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications andlor licenses for their individual scope of supervision. At a minimum, the bidder shall include the following proposed project team members: ^ Construction Project Manager ^ Construction Superintendent ^ Site Foreman A staffing plan that clearly illustrates the key elements of the proposed organizational structure. The staffing plan should indicate the availability of the personnel proposed to work on the Project. The staffing plan should also indicate the name of the individual who will serve as the primary contact with City. Bidder shall clearly detail the role of all Sub-contractors proposed for the Project. C. PAST PERFORMANCE Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 39 and 40, and request that your client submit the completed survey to Maria Estevez, at the following a-mail mestevez cx.miamibeachfl.gav . Please understand that we will not accept Client Survevs being sent to our office from the office of the bidder. Surveys must be sent to Procurement from your client's office(s). Contractors are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 36 current and former clients, review of relevant client documentation, site- visitation, and other independent confirmation of data. D. RISK ASSESSMENT PLAN /VALUE ADDED SUBMITTAL (RAP/VAS) AND PROJECT SCHEDULE All bidders must submit one (1) original and ten (10) copies of the Risk- Assessment Plan. The Risk-Assessment Plan should not be longer than two paces front side of pace only. The RAP should not contain anv reference to the bidders name within the document. Please exclude anv letterhead or locos, anythina that can identify your company's name. (Note: The City reserves the right to request, from the bidder, to re-submit the RAP in cases where the RAP has exceeded the two pages of length or any RAP that has been identified with the. bidder's name or logo. Consultants must submit the documentation within three (3) calendar days upon request from the City, or the proposal shall be deemed non-responsive.) The RAP should be submitted in a sealed labeled envelope and included within the ITB submission. The Risk-Assessment Plan should address the following items in a clear and generic language: (1) List and prioritize major risk items or decisions to be made that are unique to this project. (Includes items that may cause the Contractor not to finish on time, not finish within budget, cause any change orders, or be a source of dissatisfaction with the owner). (2) Explanation of how the risks will be avoided/minimized. (3) Propose any options (Value Added Submittals) that could add value to this project. (4) Explain the benefits of the Risk Assessment Plan. Address the quality and performance differences in terms of risk minimization that the City can understand and what benefits the option will provide to the user. Do not provide brochures or marketing pieces. (5) Please make sure you attach a preliminary Project Schedule behind the Risk Assessment Plan (6) Do not put a dollar value on the "Major Risk Items" section of the RAP/VAS. Any costs included in the "Value Added Options or Alternates" section of the RAP/VAS should NOT be included in the Base Bid Price. E. BID PRICE Bidders are required to submit their bid price using the Bid Proposal Form found on page 51-53. Bidders are to submit this form in a sealed envelope but separate from. the sealed Risk Assessment envelope. Labeling the sealed envelope with your company's name is required. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 37 «.. ~ityr a$ Id6iaatri Beeseh, 1700 Ca~ventien Center C~rive, h",iami 9ecc~:, flaFlca 33 i 39, www.mianzibecchfE.go~ P~C~CEJE:E~~',FtvT ~,IVISIi~i*J Tel: 305.673.7490 ,fax: 786-394-4002 September 12, 2008 To: (Client's Name) Individual Providing the Survey Response: Phone: Fax: E-mail: Subject: Performance Evaluation of ................................................................................................................................... (Construction firm and/or Project ManageNSuperintendent) Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications, experience and successful project completions on past municipal and private construction projects. The information will be used to assist City of Miami Beach in the selection of qualified firms that can provide Infrastructure Improvements on Lenox Avenue and 6th Street. The company listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you have difficulty or cannot decipher the question's meaning, please provide your best judgment as to it's understanding and score accordingly. Please return this questionnaire to Maria Estevez on or before October 13 2008 or earlier by fax: 786-394-4002; or a-mail mestevez miamibeachfi. ov Please provide one Survey for the Contractor and one Survey for the Construction Project Manager or Construction Superintendent who directly worked on your project. Thank you for your time and effort. Gus Lopez, CPPO Procurement Director BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 38 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 786-394-4002 PERFORMANCE EVALUATION SURVEY ^ Contractor (Bidder) (Check one) ^ Construction Project Manager and/or Construction Superintendent (Individual) Name of Above. Phone or a-mail of above Consultant or Individual: Please evaluate the performance of the Contractor's firm and/or Construction Project Manager and/or Construction Superintendent (10 means you are very satisfied and have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). If you don't know, please leave it blank. NO CRITERIA UNIT 1 Ability to manage the project cost (minimize change orders) (1-10) 2 Ability to maintain project schedule (complete on-time or early) (1-10) 3 Quality of workmanship (1-10) 4 Professionalism and ability to manage (includes responses and rom t a ment to su tiers and subcontractors (1-10) s Close out process (no punch list upon turnover, warranties, as- builts, operating manuals, tax clearance, etc. submitted rom tl (1-10) 6 Communication, ex lanation of risk, and documentation 1-10 ~ Ability to follow the users rules, regulations, and requirements housekee in , safet ,etc... (1-10) $ Overall customer satisfaction and hiring again based on erformance comfort level in hirin contractor a ain (1-10) Overall Comments: Agency or Contact Reference Business Name Contact Name: Contact Phone and a-mail: Date of Services: Dollar Amount for Services: PLEASE FAX THIS QUESTIONNAIRE TO MARIA ESTEVEZ AT 786-394-4002 OR E-MAIL TO t~lesteve~rnlafn 1 beacfzfl.czov BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 39 Risk Assessment Plan Guide Introduction The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to preplan (identify the risks on a future project in terms of cost ($), time, and client expectation of quality and performance). The RAP is used to: 1. Assist the client in prioritizing firms based on their ability to understand the risk of a project. 2. Provide high performing vendors the opportunity to differentiate themselves due to their experience and expertise. 3. Giving the competitive edge to experienced companies who have done the type of work before, who can see the job from beginning to end, and who know how to minimize the risk. 4. Provide a mechanism for the high performers to regulate the low performers by ensuring that if they are not selected, the selected company will minimize the risk and provide the client with a comparable performance. The RAP document or portions thereof, submitted by the successful bidder may be included within the contract documents. The City of Miami Beach reserves the right to accept or reject anv of the risk items and/or the cost associated with each risk item identified. Additionally, the successful bidder will be required to submit a justification of the cost associated with anv of the proposed risks in their Risk Assessment for analysis by the City upon request. In addition to the above. the risks identified on the Risk Assessment Plans or portions thereof. of the unsuccessful bidders may become part of the Quality Control Plan .that will be prepared by the successful bidder as a result of negotiations with the Citv. RAP Plan Format The format for the RAP is attached. The RAP should clearly address the following items in anon-technical manner: 1. List and prioritize major risk items or decisions to be made that are unique to this project. This includes items that may cause the project to not be completed on time, not finished within budget, generate any change orders, or may be a source of dissatisfaction for the City. Attach a cost ($), time extension, or quality differential for every risk. 2. Explain how the Contractor will avoid /minimize the risk. If the contractor has a unique method to minimize the risk, it should be explained in non-technical terms. 3. Propose any options that could increase the value (expectation or quality) of their work. List any value or differential that the contractor is bringing to the project. 4. Attach a Preliminary Project Schedule. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 40 No names!!! - In order to minimize any bias by the TECHNICAL REVIEW PANEL, the RAP must not contain ANY names (such as contractor, manufacturer, or designer names, personnel names, project names, product names, or company letterhead). The RAP should not contain any marketing information. Length -The City's goal is to make the selection process as efficient as possible. Efficiency is to minimize the effort of all participants, especially those who will not get the project. Therefore, the RAP should be a brief, well organized and concise. The RAP must not exceed 2 pages, does not include the preliminary project schedule or the phasing plan, these are additional. Font size -The font should be no smaller than 12 point. Organization -Outline format. The attached format is only a sample. Impact of Risks Risks are any concerns, events, and issues not covered by the contract documents that your firm and your sub-contractor(s) may not directly control but which you should be prepared to address and mitigate throughout the duration of the project as part of your submittal. These are the most critical items that can impact the project's cost, schedule time, and the City's quality expectations. The risks should be prioritized, or listed in order by the greatest risks at the top to the lowest risk in descending order. The description of the risks identified in the RAPNAS should not have any additional cost or time, but are risks that the contractor will try to minimize. Rating of Risk Assessment Plan/Value Added Submittals The RAPNAS will be rated by the Administration assigned to this project. Key elements of the RAPNAS should include: 1. Identification and description of potential risks and plans to minimize/mitigate each risk. 2. Presentation of value-added options or alternates, with a clear description of associated benefit, and impact (+/-) on project's cost and schedule. 3. The Preliminary Project Schedule. 1. Checklist for the RAPNAS Are all names removed from the RAPNAS: personal, project, or company names? 2. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless you perceive others are not doing it) 3. Does the RAPNAS include all service, quality control processes; documentation that you do that your competition does not. 4. Are Public Relation risks such as interfacing with project managers, users of the facility, or audit/inspection personnel included? 5. Is a preliminary project schedule included? 6. Does your RAPNAS plan differentiate you? By how much? BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 41 7. Would your RAPNAS make technical and non-technical individuals comfortable with hiring you? 8. Are the pages numbered? 9. Did you print one (1) original and ten (10) copies of your RAP/VAS and enclose them in a sealed envelope? If all items are checked, your risk assessment plan is ready to submit Risk Assessment Plan /Value-Added Submittals Format Identify project potential risks that your firm and your sub-contractor(s) may not directly control and your plan to minimize each risk -included as part of your base submittal. Prioritize the risks, listing the greatest risk first. You may add to the list as necessary. The description of the risks identified in the RAP should not have any additional cost or time, but are risks that the contractor will try to minimize. ALL RISKS IDENTIFIED HEREIN THAT CONTAIN COST OR TIME ELEMENTS MUST BE INCLUDED IN YOUR BID SUBMISSION FORM ON PAGES 51-53. Maior Risk Items Risk 1: Plan to Minimize Risk: Risk 2: Plan to Minimize Risk: Risk 3: Plan to Minimize Risk: Risk 4: Plan to Minimize Risk: Risk 5: Plan to Minimize Risk: Risk 6: Plan to Minimize Risk: BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/1.1/08 42 Risk 7: Plan to Minimize Risk: Risk 8: Plan to Minimize Risk: Risk 9: Plan to Minimize Risk: Risk 10: Plan to Minimize Risk: Value Added Options or Alternates (how you will differentiate yourself from others Identify any proposed value-added options, or alternate services, not included in your base submittal, with a brief description of how they add value to the project. Identify if each item will increase or decrease project schedule, cost, or expectation. You may add/delete to the list as necessary. Cost impact of anv Value Added Options listed below should NOT be included in the Base Bid Price. Schedule impact of anv Value Added Options listed below should NOT be included in the Baseline Schedule. Item 1: Impact: Cost, $ / Schedule, Credit ($) + Da s / (-) Days Item 2: Impact: Cost, $ / Schedule, Credit ($) + Days / (-) Days Item 3: Impact: Cost, $ / Schedule, Credit ($) + Days / (-) Days Item 4: Impact: Cost, $ / Schedule, Credit ($) + Days / (-) Days Attach a Preliminary Project Schedule (Do not include schedule impact from Value-Added Options) BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 43 Interview of Kev Personnel Guide Introduction The purpose of the interview is to rate the following key individuals in their respective areas: 1. How well they see the project, from beginning to end. 2. Can they pick out and prioritize the critical points (risk) in terms of time and cost, and have they preplanned for them. 3. Can they continuously improve? 4. Can they measure their own performance? 5. Can they minimize change orders, additional charges, and customer dissatisfaction? 6. Project Manager will be asked to provide a draft project schedule with at least 6 milestones and provide any risk and time associated with each of the milestones. Format The key personnel shall be evaluated by the Administration during its meeting(s), and should be prepared to attend if invited to provide a presentation. The invited companies will be able to provide a brief presentation, which will be followed by the key personnel interviews conducted by the Administration, which may include personnel from various City user departments. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 44 00400. BID/TENDER FORi~1 Submitted: /~'' /J ,~ Date City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 The undersigned, as Bidder, hereby declares that the only persons interested in this bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, .made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be perFormed; and that it has submitted the required Bid Guaranty; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: INVITATION TO BID (ITB) 43-07/08 FOR INFRASTRUCTURE IMPROVEMENTS ON LENOX AVENUE AND 6T" STREET. Miami Beach, Florida The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total bid price plus alternates, if any, and to furnish the required Certificate(s) of Insurance. The undersigned further agrees that the bid guaranty accompanying the bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price bid in figures and the price bid in words, the price in words shall govern. Bidder agrees that any BID NO: 43-07/08 CITI' OF VII.-3;tII I3T: ~.CH DATE: 09/11iO8 4~ unit price listed in the bid is to be m~.;ItipGed by the stated quantity requirements in order to arrive at the total. Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Protect Manual: Attached is a Bid Bond ~], Cash [ J, Money Order [ ], Unconditional Letter of Credit [ ], Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ] No. Bank of for the sum of 5~ Dollars ($ The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: Central Florida Equipment Rentals, In.c City/State/Zip: 9030 NW 97th Terrace Medley, FL 33178 Telephone No.: 305-888-3344 Social Security No. or Federal I.D.No.: 59-1782227 Dun and Bradstreet No.: 038076519 (if applicable) If a partnership, names and addresses of partners: N/A I3ITi> NO: ~3-07/08 CITY OF vIIA'41I BE.-NCH D:~TE: 09/11/08 ~(~ (Sign belo~~, if not incorporated) 'J^JiTNESSES: (Type or Print Narr}e of Bidder) (Signature) (Type or Print Name Signed Above) (Sign below if incorporated} /1 `~.-N ~ L-p ~Zt ~ ~Qw t,~h1 ATTEST: (Type or Print Name of Corporation) Secretary (CORPORATE SEAL) ~? ignature and Title) ~~ ;~~~- (Type or Print Name Signed Above) Incorporated under the laws of the State of: ~ . BID NO: 43-07108 CITY OF 11I.~lII BEACH D_~TE: 09/lll08 47 00405. CITY_OF MIA~~11 BEACH LICENSES, PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor wil! have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUITED BY THE CITY AND PAYABLE TO THE CITY by vir#ue of this construction as part of the Contract is as follows: The bidder (General Contractor) must have a valid State of Florida General Contractor's License or Underground Contractor's License. The City of Miami Beach will require occupational licenses for Gontractors as well as sub-trades. Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other governmental entities are not included in the above list, but are listed as attached (next page) and included as an allowance in the bid. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15) days of notification of intent to award. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes. NOTE: ~ If the contractor is a State of Florida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Place of Business Occupational License 3) Liability and Property Damage Insurance Certificate made to City of Miami Beach 4) Workers compensation or the exemption b) If a Dade County Licensed Contractor: 1) Dade Certificate of Competency in the Discipline Licensed 2) Municipal Gontractors Occupational License 3) Liability and Property damage Insurance Certificate made to City of Miami Beach 4) Workers Compensation or the exemption NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AfVD CORPORATE CERTIFICATES WITH YOUR BID RESPONSE BID ~O: 43-Oi/08 CITI' OP vIIA\-II BEACH D.~TE: 09/11/08 48 00407. SCHL~ULE Cr PP.ICES SIC Consideration for Indemnification of CITY [ X ] Cost for compliance to all Federal and State requirements of the Trench Safety Act* X25.00 [NOTE: If the brackets are checked or marked, the Bidder must fill out the Trench Safety Act sheet, Page 6S, Section 00540, to be considered responsive.] BID ~O: 43-0?i08 CITI' Oi' R1Ia1-II BEACH DATE: 09/11!08 qg APPENDIX "D" City of Miami Beach Right of Way Improvement Program The following unit quantity breakdown is provided FOR INFORMATIONAL PURPOSES ONLY. 6th Street and Lenox Avenue Bidders shall rely on their own quantity take-offs in the development of their lump sum prices. Cost component of AWARD WILL BE BASED ON LUMP SUM COST SUBMITTED. • GENERAL CONDITIONS Audio Video Pre-construction Record = Testing Allowance $7,500.00 = Permitting Allowance $10,000.00 = Dust Control and Cleaning = Survey and Layout Site Controls = Maintenance of Traffic = As-built Drawings = ~ SUBT.OTAt S/TF WORK AND PAVING Curb and gutter removal Sidewalk removal Asphalt concrete pavement removal Subgrade for sidewalks Subgrade for road (12 in) 8-inch limerock base Asphaltic Concrete Pavement (2 inches) Type Dcurb -reinforced Type Fcurb -reinforced 6-inch sidewalk (gray) 6-inch sidewalk (Miami Beach red) Concrete ADA curb ramps 6-inch concrete driveway Drop curb at driveways Adjustment of existing sanitary and stormwater rims and covers Adjustment of existing valve and meter boxes Traffic loop at 6th Stand Alton Rd Installation of signage Pavement Markings (incl. messages, arrows, and RRPM's) SUBTOTAL STORMWATER Drainage Structure Removal Drainage pipe removal 15-inch HDPE pipe 24-inch HDPE pipe F-3 curb inlets w/inlet protection Type Cmanhole - 48-inch Type Cmanhole - 5 ft x 4 ft 10 inches Connection to existing box culvert Box culvert removal SUBTOTAL ITB No. 43-07/08 Infrastructure Improvements on Lenox Avenue and 6~' Street Addendum #1 10/7/2008 Page 3 of 12 I /s%~ , ~~ = ear; ~ - _ .,/ ,~ ~~ LANDSCAPING AND IRRIGATION Removal of existing landscaping Winin palms Royal palms Coconut palms Medjool Date palm Pigeon Plum trees Wild Tamarind trees Indian Hawthorne Xanadu Philodendrum Paspalam sod (supreme) Weed barrier Mulch Complete irrigation system (inc. heads, driplines, lines, sleeves, valves) Water meter and backflow preventor for irrigation system Controller and power for irrigation system Tree grate /fertilization system SUBTOTAL STREET FURNITURE Trash cans Bicycle racks Benches (6-ft) LIGHTING/ELECTRICAL IMPROVEMENTS Conduit (inc. 3/4, 1, and 1 1/4-inch) Acorn fixtures, bases, and poles Electrical Service Point Pull boxes SUBTOTAL SUBTOTAL :~ "~ GRAND TOTAL ~%`~ ,' ~ e ~ _ No compensation will b~ paid for any items not included in the bid tabulation. ~~ ~ /~~" `' Prices include furnishing and installing all labor and materials necessary for success ul coo pletion~f(e wo DEDUCT/VE ALTERNATE B!D ITEMS Substitute 4-inch sidewalks for 6-inch sidewalks (exc. driveways) Substitute milling and resurfacing for complete road reconstruction Bidder's affirmation: FIRM'S NAME(Pri orTy~): ~_-$~~~r~ j^~~,~y/~ ~7j,~~~n~ ~ ..ir /'1 n 'T"~ SIGNATURE: i ~`~`"~ T 1~'~ TITLE/PRINTED NAME: ~(>/~~,~~~7- ~~'( ~/ ADDRESS: ~~,.~~ J~,' C!~ -~ / f~~~-'~i': ~'-- TELEPHONE NUMBER: ,7C7„~,J~jl'r~3?'c~cf_FAX: .~~7~ ~j'~Y'~~1',~~,t~J-" EMAIL ~t ~~',1i'~ C"t=~t~f.Y~'%~~ '/ ~'r-J~~~~ = r~~ ~ .oca ITB No. 43-07/08 Infrastructure Improvements on Lenox Avenue and 6t" Street Addendum #1 10/7!2008 Page 4 of 12 00410. BID GUARANTY FORM UNCONDITIONA(_ LETTER OF CREDIT Date of Issue , Issuing Bank's Na. Beneficiary: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Applicant: Amount: Expiring: (Date) Bid/Contract Nu ~ er in United States Funds We hereby authorize you to draw on at (branch address) of (Bank, Issuer name) by order of and for the account (contract ,applicant, customer) up to an aggregate amount, in Uni d States Funds, of available by your drafts at sight, a companied by: 1. A signed statement rom the City Manager of the City of Miami Beach, or his authorized represe tative, that the drawing is due to default in performance of obligations on the art of agreed upon by and (con -actor, applicant, customer) between Cit of Miami Beach, Florida and (contractor, applicant, customer) pursuant the Bid/Contract No. for (name of project) Drafts must~l5e drawn and negotiated not later than (expiration date) Drafts ust bear the clause: "Craven under Letter of Credit No. of dated BID ti0: 43-07/08 C1TI' OF ~~IIA~II BI/ACH DATE: 09i1I/08 53 (Bank name) This Letter of Credit sets forth in full terms of our undertaking, and ,. ch undertaking shall not in any way be modified, amended, or amplified by reference o any documents, instrument, or agreement referred to herein or to which this Letter o Credit is referred or this Letter of Credit relates, and any such reference shall not be eemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fi e holders of all drafts drawn under and in compliance with the terms of this Letter of redit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submiss Payment Guaranty and Insurance Certificate by tf- of the required Performance and / (contractor, applicant, customer) shall be a release of all obligations. This Letter of Credit is subject to the "Unif m Customs and Practice for Documentary Credits," International Chamber of Comm rce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conf ct between the Uniform Customs and Practice for Documentary Credits and Florida I w should arise, Florida law shall prevail. If a conflict between the law of another tate or country and Florida la-+w should arise, Florida law shall prevail. Authorized Signature BID NO: 43-07/08 CITE' OF rizI~\II BB~CH D aTE: 09/11/08 ~.} 00500. SUPPLEMENT TO B!DiTENDER FGRM THIS COMPLETED FORM SHOULD BIr SUBMITTED WITH THE BID, HOWEVER, ANY INFORI4~ATiON, INCLUDING ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED fN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR GAYS OF THE CITY'S REQUEST. QUESTIONNAIRE The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations specified in Section 00405? Additionally, list below or attached a list of all the names of all individuals team member's included in this bid and their respective responsibility. LicenselCertification#/Registration# # Years State of Florida CUC041511 21 Certificate of Compentency E-308 14 1A. What business are you in? Construction (General) 2. What is the last project of this nature that you have completed? (In case of co-venture, list the information for all co-venture) 3. HAVE you ever failed to complete any work awarded to you? If so, where and why? (in case of co-venture, list the information for all co-venture) No. 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have completed work, where your surety has intervened to assist in completion of the project, where a claim was made. (In case of co-venture; list the information for all co-venture) N/A BID NO: 43-07/03 CITY OI' ~TIA~~II BI;ACII D.~TE: 09/11/08 55 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have completed work: (In case of co-venture; list the information for ail co-venture) 4.1. MDCTA - 111 NW lst. St. Miami, FL 33123 Dunbar Cornelle 305-375-3634 (name) (address} (phone #) Steve McQue - 305-795-1595 Jennifer Allen - 305-795-1595 ~ 2 FDOT (New Millenium 9999 NE 2nd Ave. 9212 Miami Shores,FL 33138 (name} (address) (phone #) 4.3. Joseph Harris Moss & Assoc. 2101 N. Andrews Ave. ~~300 Ft.Lauderdale, FL (name) (address) (phone #) 33311 954-524-5678 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (In case of co-venture, list the information for all co-venture) TOTAL DATE OF ~ % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE PER CONTRACT TO DATE SEE ATTACHED (Continue list on insert sheet, if necessary.) 6. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? Yes. 7. Will you subcontract any part of this work? If so, give details including a list of each subcontractor(s) that will perform work in excess of ten percent (10%) of the contract amount, the approximate percentage, and the work that will be performed by each such subcontractor(s). Include the name of the subcontractor(s) and the approximate percentage of work. SEE ATTACHED LIST BID NO: ~3-07; 08 CITY OF 1~~ILA:I~II BEACH DATE: 09;11/US 56 The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approvai steal! not be unreasonably withheld. 8. What equipment do you otivn that is available for the work? SEE ATTACHED LIST 9. What equipment will you purchase for the proposed work? NONE 10. What equipment will you rent for the proposed work? ._NONE 11. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. Marcus C. Thermes, Senior Project Manager - See Attached Resume Martin E. Holman, III - Superintendent (Above Ground) See Attached Rsume Bennie A. Champion, Superintendent (Underground) See Attached Resume BID \`O: 43-07/08 CITY OF MIAi~~II BI;.~CTI D:~TE: 09/11;'08 S7 1?_. 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). 12. i The correct name of the Bidder is Central F1 nri da F =iii nment Rentals, Inc. 12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). (In case of co-venture, list the information for all co-venture) CORPORATION 12.3 The address of principal place of business is 9030 NW 97th Terrace, Medley, FL 33178 12.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: James Baer, President Robert Baer, Vice President Richard Baer, Vice President Carol Baer, Secretary/Treasurer 12.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. N/A ' BID NU: 43-07/08 CITY OF ~II.~.I-1I BEACI~ D:~TE: 09/11; 08 ;g 12.E. List and describe ali bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition cf each such petition. (In case of cc-venture, list the information for all co-venture) NONE 12.7. List and describe all successful Performance or Payment Bond claims made to your surety(ies) during the last five (5) years. The list and descriptions should include claims against the bond of the Bidder and its predecessor organization(s). (In case of co-venture, list the information for all co-venture) NONE 12.8 List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim, SEE ATTACHED BID ~O: X43-07/08 CITY' OF i~2IYY~tI BEACI3 DATE: 09/11/08 59 12.9. i_ist and describe all criminal proceedings cr hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. (In case of co-venture, list the information for all co-venture) N/A 12.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. (In case of co-venture, list the information for all ca-venture) No. 12.11. Under what conditions does the Bidder request Change Orders. e in Scope. Unforseen. 12.12 You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. James T. Baer, President 60~ Robert A. Baer, Vice President 20~ Richard A. Baer, Vice President 20~ BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 60 12.13 Individuals or entities (including cur sub-consultants) with a controlling finar;cial interest: _ have ~~~have not contributed to the campaign eiiher directly or indirectly, of a candidate who has been elected to the orifice of Niayor or City Commissioner for the City cf Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO REQUEST ADDITIONAL INFORMATION, BEYOND THAT CONTAINED IN THIS QUESTIONNAIRE, THAT MAY BE REQUIRED TO PROPERLY EVALUATE THE APPLICANT'S QUALIFICATIONS. FIRMS THAT FAIL TO SUBMIT ALL THE INFORMATION CONTAINED I.N THIS QUESTIONNAIRE OR ANY OTHER INFORMATION REQUESTED BY THE CITY OF MIAMI BEACH. PROSPECTIVE BIDDERS ARE HEREBY ADVISED THAT IT WILL BE THEIR RESPONSIBILITY TO COMPLY WITH ALL FEDERAL AND STATE OF FLORIDA STATUTES AND REGULATIONS GOVERNING THIS TYPE OF PROJECT. I3ID NO: d3-07/Q8 CI1~1' OP iYIIA~II BI:.~CH D.-ATE: 09/11/08 61 V`JITNESS: Signature Print Name Bv: IF PARTN~`RSHIP: Print Name of Firm Address General Partner Print Name WITNESS: Sign re IF CORPORATION: Central Florida Equipment Rentals, Inc. Print Name of Corporation ~~~ ~~~ Print Name Address e ~~(/ r,.~ ~,~„ 33~7p By: ~ President (CORPORATE SEAL) ~~~~ Attest: Secretary B1D ~O: ~3-07/08 CITI" QF \~LLA~11 BI•;.,CH D_~TE: 09; ] 1/08 62 00520. SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE THIS FOR141 MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO IBE DEEMED RESPONSIBLE. ill ~~ Submitted this ~ day of ~~`jlj ~ ~~-- , 200 The undersigned, as Bidder, declares that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and that this Bid is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a format contractual relationship between the Bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the Bid pertains. The Bidder states that this Bid is based upon the documents identified by the following number: B' No. 43-07108. -- ------ -- ------- ----------------- SI NATURE Rnbart ~Er---------------- PRINTED NAME Vice President ------------------------- TITLE (IF CORPORATION) BID NO: 43-07108 CITY OI' ~1I~.~iI BENCH DATE: 09!11!08 63 00530. SUPPLEMENT TO BID;TENDER FORM DR.JG FREE 1iti'ORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PR10R TO AVI~ARD FOR B1f:~BER TO BE nEEMED RESPONSOBLE. The undersigned Bidder hereby certified that it will provide adrug-free workplace program by: (1) Publishing a statement notifying its .employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining adrug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1 ); (4) Notifying all employees, in writing, of the statement required by subparagraph (1 ), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; 1~3II3 NO: 43-07/08 CITY OF \~IA~1I BE ~CI3 BATE: 09/11/08 64 (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking ore of the following actions with respect to an employee v~rho is convicted of a drug abuse violation occurring in the workplace: (i} Taking appropriate personnel action against such employee, up to and including termination; or (ii} Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain adrug-free workplace program through implementation of subparagraphs(1)thyough (6). (Bidder Signature) STATE OF ?"~'"l~'~` Central Florida Equipment Rentals, Inc. (Print Vendor Name) COUNTY O F ~')')~°~+~~- The foregoing instrument was acknowledged before me this ~~ day of 20 ~ , by ,Q-- fie,-- as ~~ ~~ (name of person whose signature is being notarized) l/{~ (T~'~si ~e.r-'~'" (title) of (~..,rj~re( (f~urt~.. P,.ccn~. u,~s~ ._'''~ ' (name of corporation/company) known to me to be the person described herein, or who produced as identification, and who didldid not take an oath. NOTARY PUBLIC: (Sign ) ~L ~ a''"~ r •-, MARU1 VALENTIN (P ri n t~~N a m e ~ MY COMMISSION # DD 798491 ?~~ g EXPIRES: June 21,2012 `~RC~n~ ~ Bonded TTw Notary Pubec tinderwrltere My commission expires: fp ~ ~a' BID \TO: 43-0 i/08 CITY OI' i•1IA~II BEACH DATE: 09/11/08 65 00540. SUPPLEMENT TO B!D/TENDER FOP,M TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED wJ1TH BID FOR BID TO Bc DEtMEQ RESPONSIVE. (SEE SECTION Or~4fl7) On October 1, 1990 Hcuse Bill 3181, mown as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. The Bidder further identified the costs and methods summarized below: Quantity Unit Description Unit Price Price E tended Method A `~ Total $ 2~J BID NU: 43-07103 CITY OP MIAMI BEACH D.-ATE: 09/11/08 66 IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE* THIS FORM SIGN AND SUBMIT IT WITH ITS BID DOCUlV1ENT. Central Florida Equipment Rentals, Inc. Na e Bidder Authorized Signature of Bidder *COMPLETION REQUIRES FILLING IN THE APPROPRIATE DETAILS UNDER THE HEADINGS, i.e. DESCRIPTION, UNIT, QUANTITY PRICE, UNIT PRICE, EXTENDED. AND METHOD. BID NO: 43-07/03 CITY OF 1~ZI:~.iVII BI;:~CH DACE: 09; 11/08 67 00550. RECYCLED CONTENT INFORMATION In support of the Florida `J'Jaste Management La',>>; Bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percentage of recycled material contained in the product. The City also requests information regarding any known or potential material content in the product that may be extracted and recycled after the product has served its intended purpose. BID NO: 43-07/03 CITY OI' 1`rEIAyII BEACH DATE: 09/11/08 68 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Central Florida Equipment Rentals, Inc. 9030 NW 97th Terrace, Medlev, FL 33178 as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 a corporation duly organized under the laws of the State of CT as Surety, hereinafter called the Surety, are held and firmly bound unto City of Miami Beach Miami Beach, FL as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 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 Principal has submitted a bid for Infrastructure Improvements on Lenox Avenue and 6th Street - ITB 43-07/08 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 materials 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 13th day of t~ f Central F f 1 ` [1~tness) ~ October Equipment Rentals, Inc. (Principal) _ Travel~rSr~'asualty and Su Gicelle (Witness) Attorney-in-Fact Charles J. Nielson AIA DOCUMENT A310 ~ BID BOND ~ AIA ~ FEBRUARY 1970 ED. ~ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W'., 13'ASHINGTON, D.C. 20006 2008 (Seal) (Title) of America NEY IS I RED Q R POWER OF ATTORNEY T~" '~~~~' `~ ~ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casually and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219740 Certificate No. Sv ~.'5 ~ ~ ~~ KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York. that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively atlled the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, David R. Hoover, Gicelle Pajon, Olga Iglesias, and Gloria McClure of the City of Miami Lakes ,State of Florida ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, reco,nizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their,.busj,ness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permuted=in an~ ~a^t?ons r•r F, e~ceedins allowed by law. ' „~ F ~„~ ' - a ". IN WITNESarWHEREOF, the Comp20eOs8 ave caused this instrument t~ ~ c d ur_I it ~ ~ r i~.,rate seals to be hereto affixed, this day of MM - - ,~, Farmington Casualty Connpauy Fidelity and Guaranty~ns¢rance Company Fidelity and Guaranty Insu'r"arise Underwriters, Inc. Seaboard Surety Cmnpany St. Paul Fire and Maritle Insurance Company 11th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ? ~,yp~~1`L V+Oaar~~' SuREry JyF\RE aM O\f M INSG` +. P,~ 1HSUg9~.., JP TY 4ry0 „1p SINE! V1Y 3t' 6 n ° ~,' NCOp 0 ~o a .. /~CpRGOR~~f ~tt 'W ~~~ PAN ~ry':' GP 9 a` ~ ~~~ C u PottAiED - m' ~; . m ~ oP ar `. r ; : g y Z °1982 O ~ 19~ ~92 g ~`~':~~", ~ - ° F:~: ~ ~s!~~ ti 1 ms`s D ~ ~ 1951 ~ N 7 ~ ~ ~ ~, :.~~ ~ ~ ~., "- : ° : W HAR1rORD, < ft4RTF0 ~~ < MCO~~m~ y~F~.a ~ ~ SEAL , o , CONN. n CONN. ~ ~ ~ 1896 ~ y . ~N ~~s p~ 'ir + at• ~.,;tis c° °~,•-. ,t_~ z d.SEAL et ~ r° ~a\, <' o OF N'' 4~r,..w c~ •.' Via= '.~ ~ ,~d s 3 ,~.[r~ State of Connecticut City of Hartford ss. By: Georg Thompson, cnior ice President On this the 11th March 2008 day of ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranq~ Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T~ In Witness Whereof, I hereunto set my hand and official seal. ~(3TAA My Commission expires the 30th day of June, 201 1. * * *. ~, 'OUBUG ~e~u~ `C'n c~n~ C . ~, ~n~~Q-$ Marie C. Tetreault. Notazy Public 58440-5-07 Printed in U.S.A. POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDE Tiffs Power vfAttorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Mazine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company maybe affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company oAmerica%a~nd United States Fidelity and Guaranty Company do hereby certify that [he above and foregoing is a true and correct copy of the Power,; ~ Attorn , ~ Yeeuced b~ .,ia Companies, which is in full force and effect and has not been revoked. • ""~ ~. r ~~~ _> IN TESTIMONY WHEREOF, I have hereunto set my hand and,affix _ J i l . , i> ,_ i said Companies this F ~~. 13th day of October ,20 08, c_~~~}~~ Kori M. Johans Assistant Secretazy Or O~~p~L ~ SWiEfy ryfl0.E A ' O41.M..~MSG9 fJJ'P,~~w ~1'N'S~w4,Oq~ QJ~4TV4NpJ 17AWN(TY ~Y'Wp n 1tCgq ~ 4 1 rtip RPOAAI ~2 Q/ :•' ~~yG, .. p G 44 ~ t4`8 i ~~, o '~ 1977 ratttto ~+' 192 TL m ~1 _ c~ ~ eoa t` 3 ` ' ,~ ~ 's c D ~ 945 T < t° : 1 f i OR . AT ~ n 3 W HARTFORD, < ~t fHHtF~{r, 1•E < ~ a ~ ~, ~ ~ m, „~ '`~ S E A L 0 3 " 07 coNN. n Caw, a ;~, 1896 ~'~ ' ~'~ •~ 1`~ 9`~+'CFrytY7.1~ ~sl.c~HCC°~ v~`••.......%dt_j d'.., ..,'a° a e~ "f~ ~ < ~1Sp ~Nl~ 1r........ ra df FN. t "~ ~r ~~a1i AN1~ +. To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 00600. CONTRACT: CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as CITY, and Central Florida Equipment Rentals, Inc, hereinafter referred to as CONTRACTOR. W I T N E S S E T H, that CONTRACTOR and CITY, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 CONTRACTOR shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. CONTRACTOR shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until CONTRACTOR's submission to CITY of all required documents(including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The CONTRACTOR shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within five-hundred-forty-seven (547) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by CONSULTANT as the date of Substantial Completion. 2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the specified period of time, plus .ap.proved .ti.me:extensions,..CONTRACTOR shall ... pay to ITY the sum of ~n~~'~~€~~~d ~'~1. ~1~~~. ~~I~~t~ for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of C~t~'h>~>~~:~d...'r` ~ ~~~ii>~~~~.!~ for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. 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 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 CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract or as much thereof as CITY may, in its sole discretion, deem just and reasonable. 2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by CONSULTANT in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. CONSULTANT construction administration costs shall be pursuant to the contract between CITY and CONSULTANT, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due CONTRACTOR for performance of Work under this Contract by means of unilateral credit change orders issued by CITY as costs are incurred by CONSULTANT and agreed to by CITY. ARTICLE 3 THE CONTRACT SUM [] This is a Unit Price Contract:'` 3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [ X] This is a Lump Sum Contract:* 3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some Projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 CONTRACTOR may make Application for Payment for work completed during the Project at intervals of not more than once a month. CONTRACTOR's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by CONSULTANT. CONTRACTOR shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to CONSULTANT as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to CONSULTANT for approval. CITY shall make payment to CONTRACTOR within thirty (30) days after approval by CONSULTANT of CONTRACTOR's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CONSULTANT and CONTRACTOR shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect. itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of CONTRACTOR's performance. 4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for final inspection and acceptance, CONSULTANT shall, within ten (10) calendar days, make an inspection thereof. If CONSULTANT and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by CONSULTANT, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall deliver to CONSULTANT a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of CONTRACTOR, and CONSULTANT so certifies, CITY shall, upon certificate of CONSULTANT, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of CONTRACTOR prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by CONTRACTOR, except those previously made in strict accordance with the provisions of the General Conditions and identified by CONTRACTOR as unsettled at the time of the application for final payment. ARTICLE 6 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the CITY, may not submit a bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any business with the CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the CITY purchase and may result in Contractor debarment. 6.4 Independent Contractor CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make'the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For CITY: Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 Attn: Gus Loaez, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach. Florida 33139 For Contractor: Central Florida Equipment Rentals. Inc 9030 NW 97th Terrace Medley. Florida 33178 Attn: Robert Bare. Vice President Marcus Thermes, Project Manager 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY's satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. 6.8 6.9 6.10 6.11 Materiality and Waiver of Breach CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY's failure to enforce any provision waiver of such provision or modification of a provision of this Contract shall not breach and shall not be construed to Contract. of this Contract shall not be deemed a of this Contract. A waiver of any breach be deemed a waiver of any subsequent be a modification of the terms of this Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR, shall specifically bind all subcontractors to the provisions of this. Contract. Amendments No modification, amendment, or alteration in tl herein shall be effective unless contained in a the same or similar formality as this Contract CONTRACTOR. 6.12 Prior Aareements ~e terms or conditions contained written document prepared with and executed by the Board and This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and .understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. AT EST: THE CITY OF MIAMI EA H G~1.~~ City Clerk May CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] CONTRACTOR ATTEST: C~~~~ ~ (Secretary) Carol Baer (Corporate Seal) Central Florida Equipment Rentals,Inc. (Name rporation) By. (Sign ture) Robert Baer, Vice President (Print Name and Title) 19 day Of November 2008 [If not incorporated sign below.] WITNESSES: CONTRACTOR (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION 00708. FORM CERTIFICATE OF INSURANCE A form Certificate of Insurance will be attached APPROVED AS TO her~ORM & LANGUAGE ~ FOR/~XECUTION ACORD CERTIFICATE OF LIABILITY INSURANC ~, E page. 1 of 2 10/24/2008 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willie North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. Box 305191 Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Central Florida Equipment Rentala,Inc. 90 INSURER A: Wausau Bueiaese Insurance Com an 26069-091 30 NW 97th Terrace Medley, FL 33178 INSURER B: National IInion Fire Insurance Co an of 19445-005 INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING . ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH , POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' TYPE OF INSURANCE POLICY NUMBER PRAT YEFroCTN POLICYEXPIRATI N LIMITS A X GENERAL LIABILITY TBKZ91448935038 4/1/2008 4/1/2009 E A C H O CC UR R E NCE $ 1 QQD 000 X COMMERCIAL GENERALLIABILITY RR EE ~~ p p M p~ E T PREMISES Eaocwrence $ 100 000 CLAIMS MADE a OCCUR MED EXP (An one Pelson) $ ej 0 0 0 PERSONAL&ADV INJURY $ 1 Q Q Q Q Q Q GENERAL AGGREGATE $ 2 QQQ QDQ GEN'LAGGREGATELIMITAPPLIESPER: PR PRODUCTS-COMP/OPAGG $ 2 QQQ QDQ POLICY LOC A AU TOMOBILELIABILm ASKZ91448935028 4/1/2008 4/1/2009 X ANY AUTO COMBINEDSINGLELIMIT (EaaxideM) $ 1, 000, 000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS ~ NON-OWNED AUTOS ~O~r~ BODILYINJURY (Peraccidenl) $ PROPERTYDAMAGE $ (Peracciderrt) GARAGE LIABILITY AUTO ONLY-EAACCIDENT $ ANY AUTO OTHERTHAN EA ACC $ AUTO ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITY 8E6564629 4/1/2008 4/1/2009 EACH OCCURRENCE $ X OCCUR ~ CLAIMS MADE AGGREGATE $ l O O O O 0 0 0 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS'LWBILTTY 90CJZ91448935018 4 /1/2008 4/1/2009 WCSTATU- OTH- X TORYUMITS ER ANY PROPRIETORIPARTNERlEXECUTNE OFFlCER/MEMBEREXC E.L EACH ACCIDENT $ 1 0 0 0 0 0 0 LUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1 0 0 0 0 0 0 SPECIAL PROVISIONS below OTHER E.L. DISEASE -POLICY OMIT $ DE8CRIPTION OFOPERATIONS/LOCATIONS/VEHICLESIEXCLUSIONSRDDED BY ENDORSEMENT/SPECIAL PROVISIONS Contract for ITB#43-07/08 Infrastructure Improvements on Lenox Avenue and 6th Street. It is agreed that City of Miami Beach is included as an Additional Insured as respects to General Liability but solel in r d , y egar s to work being performed by or on behalf of the Named Insured in connection with the project described herein where required by written contract. cFRTlclrterc unr nos SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRAT~N DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 Q DAYS WRRTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUi FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Citp Of Miami Be8ch REPRESENTATIVES. 1700 Convention Center Drive A R¢EDREPRESENTA Miami Seach, FL 33139 ACORD25(2001l08) Col1:Z517891 Tp1:846149 Cert:11540709 • ©ACORD Page 2 of 2 IMPORTANT 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 certtf'icate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 2$(YOO1/OH) Coll_2517R9'I Tn1.S2dG'Ido ne...s..~~ewnnnn Bond no. 105 201 205 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We Central Florida Equipment Rentals, Inc. ~ aS Principal, hereinafter called CONTRACTOR, and Travelers Casualty and Surety Comnanv of America as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Eight Hundred Thirty Seven 837,368.00 Dollars {$ )for the payment whereof Ei t an C~TRACTO and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 43-07/08 awarded .the !-~--W- day of ~~~,~(,~~'Y2 ~ , 20 ,with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and far the purposes of #his Bond are hereafter referred to as the "Contract' ; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1. Pertorms the Contract between CONTRACTOR and CITY for construction of Infrastructure Improvements on Lenox Avemse the Contract being made a part of this Band by reference, at the times and in the manner prescribed in the Contract; and 2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees - including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and BiD NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 79 FORM OF PERFORMANCE BOND (Continued) 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND 1S VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever CONTRACTOR shall be, and declared by CITY to be, in default under the Contract, CITY having performed CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. No right of action shall accrue on this band to or for the use of any person or corporation other than CITY named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of ~~ernf~~ , 20~ BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 S0 FORM OF PERFORMANCE BOND (Continued) IIViTN ES: Central Florida Equipment Rentals, Inc. ~ ~~? „ _ 1 (N me f Corporation) Secretary Carol Baer BY~ ' {CORPORATE SEAL) (Signature} Robert Baer, Vice PJ-_esident {Print Name and Title} IN THE PRESENCE OF: INSURAN COMPANY: Trave r Casualt ety Comp y of er a By: s~c~ Agent and ttomey-in-f=act ~ Charles J. Nielson ~°~~-~ Address: One Tower Square _ (Street) Hartford, CT 06183 (City/State/Zip Code) Telephone No.: 860-277-1561 BID NO: 43-47/08 CITY OF MIAMI BEACH DATE: 09/lI/08 81 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ~~, POWER OF ATTORNEY TRAVELERS .1 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219740 Certificate No. KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Fazmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaanty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, David R. Hoover, Gicelle Pajon, Olga Iglesias, and Gloria McClure of the City of Mlalril Lakes ,State of F')OI'lCla ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in [heir busifttess of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in am actions or proceedings allowed by law. IN WITNESarChHEREOF, the Comp~gs}tave caused this instnnncnt to he si~ncd and their corporate seals to be hereto affixed, this day of MM IIJJSS Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 11th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI,SU.1~ ~ Str~rf. `F\0.E 6`M AN INS 1N$ TV4 T ~ 4, \ r....... G\ ~ i ~qw"5, P~ NO VtY p`' O~~I~. ~ P "e 7k r i~q O:. .,y\ }JP,,..........9 yJ S '~N//10''S`Y~p~Fry c, tc 'w0 a. ~' \i n IICfMtFt~jCD~ ~ m} ~(EONPORq~F my ; W:•COpPORRT'~ e,; ~ ~ a `Z ~ 1982 0 ~~ ; 1977 ~ ~ 1927 ~ ~~ ~ ~.• - ;n , ~. _._ F o _ ~ HARTFORD, ~i HVRtFORD, ~ ~' t"r 8°~m y a 1951 N 7.SE AG~o; '•o\, f CONN. n t`\CONN..+`/?, ~.O-~ Y 0. .~ ~ ~ 1st w c~. a, ~'•.......: Z J 6 •. •~ ~ H 1~ ~'oF ~,,,,;"~" va_: ~d~./'... +J{ a e= ~a ~ ~ r,,~ r State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 11th da of March 2008 Y ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Fazmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.TlT In Witness Whereof, I hereunto set my hand and official seal. ~ ~~ My Commission expires the 30th day of June, 2011. ~ ~0t/BUG ~~ `cn a~n~.~- C . Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. Bond no. 105 201 205 00720. FORM OF PAYMENT BOND BY THIS BOND, We Central Florida Equipment Rentals', Inc. , aS Principal, hereinafter called CONTRACTOR, and Travelers Casualty and Surety Company of America as Surety, are bound to the City of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of Eight Hundred Thirty Seven Thousand 837,368.00 Three Hundred Sixt Ei ht and DOIIarS ($ } foC the payment /loo whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 43-07/08 awarded the ~~ day of ~~.Qp1' , 20~, with CITY which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract' ; THE CONDITION 'OF THIS BOND is that if CONTRACTOR: 1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that CITY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defned by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 82 FORM OF PAYMENT BOND (Continued) 2.2. A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after pertormance of the labor or after complete delivery of the materials or supplies, deliver to CONTRACTOR and , to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this ay of ~n~~~ , 2d~~ CONTRACTOR ATTEST: Central Florida Equipment Rentals, Inc. /~~~ (N me of C oration) By: (Secretary) carol Baer (Signature) Robert Baer,' Vice President (Corporate Seal) (Print Name and Title) 19 day Of November 2008 BID NO: 43-47/08 DATE: 49!11/08 CITY OF MIAMI BEACH 83 IN THE PRESENCE OF: INSURAN COMPANY: Travele asualty and r Company o Ame By: Agent and ttorney-in-Fact Charles J. Nielson Address: One Tower Square (Street) Hartford, CT 06183 (City/State/Zip Cade) Telephone No.: 860-277-1561 BID 1V0: 43-07H18 CITY OF MIAMI BEACH DATE: 09/11/08 84 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I~ Carol Baer Certify that I am the Secretary of the corporation named as Principal in the foregoing Pertormance and P ment Bond (Performance Bond and Payment Bond); that a~r~-,~(Z--. ,who signed the Bond{s) on behalf of the Principal, was then ~ t C^ of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond{s) was (were) duly signed, sealed and attested to on behalf of said corporat'on by authority of its governing body. ~~~ C (SEAL) Secre#ary (on behalf of} Central Florida Rentals Inc. Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Charles J. Nielson to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Pertormance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to before his 17th day of November ,20 08 . My commission expires: Nota ic, State of Florida January 4, 2009 Bon BID NO: 43-07/48 CITY OF MIAMI BEACH DATE: 09/11/08 gs by Western Surety Compan otecialseal a~ P~ GICELLE PAJON ~%' ~~ fOFFICUt. Notary Public, State ofFlorlda ~,~ SEAL C My Gomm Expiresdan4 2009 ''`o ,~oP No.DD 313342 „ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER /A- POWER OF ATTORNEY TRAVELERS .1 Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 219740 Certificate No. ®" KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, David R. Hoover, Gicelle Pajon, Olga Iglesias, and Gloria McClure of the City of Mlanll La)C0S ,State of ~' OflCla ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of ;uaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per7aittec! in and actions or pigceedings allowed by law. IN WITNESarCh~EREOF, the CompatLie,~lTave caused this instrument to be signed and their corporate seals to be hereto affixed, this 11th day of , Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ~s~ ~ .,,,,ux~ .,,...... G .I~r ~ $tlf~f~j-~ FIRE~a \~N..~NSG,\~\ •"`~ INSIiq ~*, p~1V AiyO 5107 Y Gl~LppPO/7~j L +40R'a°'°~ 7F Qr ;p~ RO:' .:~1 3{V`1?••......... qy%: 9J yG ~R~ F/yC ~Of~ 'tMO~, ~ 1982 0 ~ N~~'ORATED pz ~ mI ~{ ~ f:m~ i~vr OXPORAT 7•! aP m,, :; ~~ ~~, .. ~~ 1977 1927 < ~ : - ; ; z : ` __ e i ~ : a HARTFORD, 3 • tuarFOAO, ~ a "'~++am~ ~y`"7vEC~'-~a ~ 1951 s9 * ea~o.i ~~.,SEAL,~o3 '~d:.S8ALj3°< m CONN. o° e~ CONta.~£fr? ~n 1896 ~ s • ~~ ~.! 1•~ ~OFNEY!`' ~~o~~NCF.~ af........,~Lr ~v~'..... '~dD 'sb aai ~,,,r•;~1~~iO,,,~~~(((~7~ ...• State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 11th March 2008 On this the day of ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~G,Tl7 In Witness Whereof, I hereunto set my hand and official seal. TAII My Commission expires the 30th day of June, 201 i. ~ p~L~Gs `t~1 c~ C . ~ rUea~ Marie C. Tetreault, Notary Public 58440-5-07 Printed in U.S.A. 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT: Date of Issue Issuing Bank's No. Beneficiary: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Applicant: Amount: Expiry: (Date) in United States Funds Bid/Contract Number We hereby authorize you to draw on (Bank, Issuer name) at by order (branch address) of and for the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in pertormance of certain obligations on the part (contractor, applicant, customer) agreed upon by and between the City of Miami Beach, Florida and (contractor), pursuant to the (applicant, customer) Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than (expiration date) BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 86 Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami Beach with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the CITY that this Letter of Credit will expire prior to performance of the contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 87 A. Identification Page Contractor: Central Florida Equipment Rentals, Inc. 9030 NW 97th Terrace Medley, Florida 33178 Contact Person: Marcus Thermes marcus(a,centralfloridaeguip.com Office: 305- 888-3344 FaX: 305- 888-9305 FID# 59-1782227 I hereby declare this firm to be a Corporation. ert Baer, Vice ~resident* lc~ ~ ag Date *See attached Authorized Corporate Representatives ITB No. 43-07/08 Lenox Ave. COPY October 13, 2008 B.1. Company Information Page ITB No. 43-07/08 Lenox Ave. October 13, 2008 B.2. Company Organizational Chart ITB No. 43-0.7/08 Lenox Ave. October 13, 2008 B.3. Past Projects and References ITB No. 43-07/08 Lenox Ave. October 13, 2008 B.4. Project Staffing and Organization Chart ITB No. 43-07/08 Lenox Ave. October 13, 2008 o r B.5. Resumes of team members • Robert Baer, Vice President • Richard Baer, Vice President • Marcus Thermes, Sr. Project Manager • David Scheiner, Safety Director • Maria Fernanda Larrazabal, Public Liason • Kathy Herrera, P.E., MOT Engineer • Martin Holman, Site Work Superintendent • Bennie Champion, Utility Superintendent ITB No. 43-07/08 Lenox Ave. October 13, 2008 EARTHWORK ~ ENGINEERING CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS 90s"0 N.W. 9'th Terrace, Medley, FL 33178 Tel: (305) 888-3344 FaX: (305) 888-9305 Company Name Central Florida Equipment Rentals, Inc. Company Address 9030 NW 97th Terrace, Medley, FI. 33178 Company Phone /Fax (305)888-3344 (305)888-9305 President James Baer Vice-President's Robert Baer & Richard Baer • Years of Incorporation 1977. Years in Business 30 Licensing Stafe of Florida Underground Utility Contractor # CU C041511 Dade County Engineering Contractor#E-30~8~ ' Dade County General Building • • Broward County Major Roads Contractor #87-989 State•~of Florida Fire Protection Class V #575528000195 Experience Site Work /Site Utilities (Earthwork, Paving, Storm, Sewer, Drainage, etc:) References General Asphalt Co. 4850 NW 72nd Ave, Miami FI. 33166 305-592-3480 Austin TuplerTrucking Inc, 6570 SW 47th Court, Davie FI. 33314 954-583-0801 Ferguson Underground, 7480 NW 48th St. Miami, FI. 33166-5519 305-716-0086 . US Precast Corporation, 8351 NW 93rd St., Miami, FI 33166, 305-885-8471 Bonding Company Travelers Casualty and Surety Company of America Nielson, & Company, Inc. 8000 Governors Square, Suite 101, Miami Lakes, FL 33016 Chuck Neilsen 305-722-2675 - Bank Reference Colonial Bank 1550 SW 57th Ave., Miami FI. 33144 • lV1r. Tony Maroon 305-267-1200 Insurance Company Willis Group Holdings, Ltd. 1401 Brickell Avenue, Suite 1110, Miami, FL 33131 Katie Mellides 305-373-8764 EARTHWORK & ENGINEERING CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS 9030 N.W. 97th Terrace, Medley, FL 33178 Tel: {305} 888-3344 Fax: (305j 888-9305 ' C~RGAI~IIZATIO~IAL CHART PRESIDENT :JAMES BAER VICE PRESIDENT'S • ROBERT BAER • RICHARD BAER SECRETARY CAROL BAER PROJECT MANAGER'S MARCUS TH ERM ES . GEORGE BREWSTER KIM UMBAUGH MARIA~VALENTIN ERNEST DUFFOO SUPERINTENDENTS MARTY HOLMAN BENNIE CHAMPION SAFETY DIRECTOR DAVE SCHEINER SURVEYOR RAY MIELKE CONTROLLER GRETTER V]CENTE ACCOUNTS PAYABLE SUSAN CHEN PAYROLL NATALIE FERIA CONTRACTS ADMINISTRATOR BARBARA RIVERA EARTi~WORE c4c E.1tUu~TEE,RI: l"G CONTR~iCTORS . A Ct3NsPLET'E LINE OF EQUIPI~IFNT R.ENT;~LS _ 9fl30NW97`hTer:ace,.Medley,F1..33i7II ' Tea. 3fl~-888-3344 F'ax. 305-888-93C~ EN~[ERGFN~Y ~~TONE I~IUII~BER~ . ROBERT BAER RICHARD BAER (Vice President) Office: (305) 888-3344 Mobile:.(305) 796-9607 (Vice President) Office: (305) 888-3344 Mobile: (305) 796-9609 GEORGE BREWSTER ~ ~ MARCUS THERMES ~(Proj.ect..Manager) (Project Manager) Office: (306) 888-3344 ~ Office: (305) 258-9161 Mobile: (305) 796-9614 Mobile: (305) 796-9610 HI1r1 tiMBAUGH ~ ~ ~ MARL4 VALENTIN (Project Manager) (Project Manager) Office: (305) 758-1630. Office: (305) 888-3344 Mobile: (786) 402-4189 • Mobile: (786) 315-0442 T'I..4RTX HOL?~IAN BEl~Tl~'IE~ CHAA'IPION . (Superintendent) ~ (Utility Superintendent) Office:.(305) 888-3344 ~ ~ Office: (305) 888=3344 o i e: - 3 .. ~ Mobile:(305) 796-9611 Robert Anthony Baer ...., .~~~ Experience •. December 1983 to Present: Central Florida Equipment Rentals, Inc. Vice President -Duties include. all phases of bidding and project management including estimating, purchasing; scheduling and supervising job from start to finish. Education South Miami Senior High School, Graduated June 1981 Florida State University,'August 198'1 thru May 1982 University of Florida, August 1982 thru December 1983 Florida International University, Graduated May 1989 Construction Management Degree . Licenses State of Florida -Underground Utility Contractor (CUCO 41511) Since 1987 State of Florida -Fire Main Contractor since 1995 ' . • Dade County -General Building since 2002 Dade County -General Engineering (E - 308) since 1994 Broward County- Major Roads (87- 989) since 1989 Palm Beach County -Paving Commercial since 1998 Affiliations Dade County Community Small Business Enterprise (CSBE} Advisory Board Member ,. Engineering Contractors Association member since 1994 • Past President and Board qf-Directors member since 1994 - Construction Association of South Florida (CASE) Associated General Contractors (AGC) member a e oun y ons ruc ion ra es ualifying Board Member (CTQB} since 1994 • Community Small Business Enterprise Advisory Board (CSBE) since 1997 Qualifications 30 years experience in Industrial/Commercial Construction including both Private and Public Work. 9030 N1N 97th Terrace Medley, Florida 33178 bbaer@centralfloridaequip.com C`e~tr~l ~.~'Zcrida ~'c~ui~e~~ ~e~ata~`.~ .inc. EARTHWORK ANO ENGINEERING CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS RICHARD BAER 7900 SW 125Tx Street Pinecrest, Florida 33156 (305) 796-9609. EDUCATION Graduate of Highlands High School -Highlands, North Carolina EXPERIENCE October 1980 to gresent Central Florida Equipment, 9030 NW 97~' Terrace, l~~ledley, Florida 33178 Current position Vice President f ~°~ i s 9030 N. 1N. 97 Terrace • Medley. ; loricsa 33 i 78 • Telephcre: (305) 8L8.33~-4. ~ F3z: {3G5) 687-7$04 - -- _ i a ~iCOrbf' Br e2~st:.r .. XZ91i3.~rV. Sar=tpie ~:o~d ' • ~ ' ~ ~ I3ccerrtber 5, ~~997 Corgi Springs, :r'lorida ~~065-4260 ~ ~ ~ ~ . ~~~Surrtmary of Construction Projects for past eve years ~ ~ . Gentlemen: - I am outlining my construction experience for. the past five years so you can evaluate my work experience more accurately. I have grouped the jobs into six categones: plant construction, environmental construction, airport construction, public works construction (County work), utility and pipeline.construction, and I'lorida Department of Transportation construction. • .Plant Construction Mia~i~i=Dads: Water and Se+.ver Department, Contract No. 5-409, ~ South District Waste a TreatrTient Plant; Injection Wells. Estimator and.proj'cct rttanagcr for•.S&S. Contracting, voter - Subcontract to Youngdui.st Bros., Inc, for~sitework excavating and gradin6, constructing concrete wcl:IPadstructurc;s, and Pavinb driveways. Contract Amount.approx. $450,000.00 Mi~fmi-Dade. Wat~r~ai}d Sewcr• l~cparlment,. Contract No. W-7 f 2; West Wcll hield. rsti rn.alor and Project'manaber for S&S Contracting, Inc. Subcontracl.to Jaffcr & Associates, L,T'D.,-for sitcwork excavating; and brading;•constructin6 concrete well pad sti-ucture, and temporary Paving for driveways. Contract /tmount approx. $146,459.00 ; ' Environmental Construction ~ . - Metro=Dads Solid bVaslc.Managcmcnt Department, NW 58th Strect-Landfill Closure. Project ~Manager'for S&S •Contracting, 1ne., Subcontract to Lowell Dunn Co. for constructing leachate pump station, ~vash dow°n pad for dccoritamination area, drainage s}•stcra~, and rip rap erosion . control structures. Contract Amount approx. $850,000.00 . A'irPort Construction Dade County Aviation Department,~Projecl No. 91-0540-MI 1 Miatni International Airport Taxiway "P" and Mid field Tunnel Improvements. Project Manager for S&S Contracting Inc__ Subcontract'to State Paving Corp. for drainage system. Contract Amount approx. $350000.00 Dade County Aviation Department, Project No. RM5-92, Various Airports Pavement Repairs. . Project Manager for S&S Contracting, Inc.. Subcontract to Genera] Asphalt for pavemen t base work, concrete pavement repair, and joint sealing. Contract Atrount approx. $50,000.00 Dade County Aviation] Department, i'vfiami International Airport Cargo Building. 213$ Project Manager for S&S Contracting Inc. Subcontract to Marks Bros, Ir.c. for drainage system including. ~` oil/water separators, grit chambers, and industrial waste~lir,es. Contract Amount appro;,. - ~ $800,000.00 - - - Dade Count, Aviation Department, Miami Inter:~at~i.onal Airport Cargo Building. 2132 Estimator and project manager for SBcS Contracting Inc. Subcontract to Recchi ofFlorida, ?nc. for Portl and Cement Concrete Pavement. Contract p..ri~ount approx. $30,500.00 Dade County Aviation Department, Miami International Airport Concourse" A" Northeast Gate Improvements. Project Manager for S~&S Contracting Inc. Subcontract to Marks Bros. Inc. for 96" BCCMP Drainage Line. Contract amount~apFrox. $70,000.00 - . ' Dade County Aviation Department, Opa.Locka Airport Runway 72-30 Improvements. ~ - Estimatorand project manager for SB=S'Contracting Inc. Subcontract to State Paving Corp. for Drainage System, Contract amount approx. $340,000.00 ' Dadz County Aviation Department, Miami~International Airport Concourse"H"Aircraft A ion - improvements. Estimator and project manager for S&S Contracting Inc. Subcontract to Marks Bros. Inc. for 96" RCP Doable-Barrel D.rairzage Line, Apron Drainage System, and Portland. Cc.mcnt Concrete Pavement. Contract ariiount approx. $2,000,000.00 . ' Dade County Aviati-on.Doplrtmcnt, Miami. Iritcrnational Airport, Roads-Phase I. )rsti'mator and • ' project:managcr for S&S Contr~icting Inc. Subcontract to M~irks l3~os. Inc. for Stor-n Drainage System •and Road~~-ay Concrete: horns. Corttnc.l amount approx. $440,000.00 P,ilm I3C;,1C11 COUilly, Palrtt l3caclt (ntcrnati-o~nal /~irPori, Cargo Facilities 1'hasc I.• estimator and hrtajcct n~cula6c.r for S&S Contractinb, [nc. Subcontract to Ranger Construction Industries for` concrclc pzvcn~cnt itcrns. Contract amount aPProx.~$910,000.00 • I~adc County Aviation~Dupartment, Miai»i Intcrnalional Airport. Employee Parking Lot Project. I:stirl~ator For S&:S Contracting, Inc:. Subcontract to Central Florida Equipment Rental, lnc: for roadway concrete-itc,ms. 'Contrac't amount approx. $107,000.00 ~~ ~ - Dade County-Aviation Department, Miami International Airport. Estimalor~and ro'ect rr~ana er for S&S Contracting, Inc. Subcontract to Slate Contracting & Engineering, Inc. for 12' x '9' Box Culvert, Storm Drainage System, Pollution Control System, Sanitary Sewer System and Water Distribution System.- Contract Amount approx. $1,415,000.00 ' Dade County Aviatiotl'llepartment,Miami Irilernational Airport, Concourse A A eon and tilit Corridor, Phase II. ~ Estimator and pcojeet manager for S&S Contracting, Inc. Subcontract o ~ y Gilbert .Southern, Corp, For Storm Drainage System. Contract amount approx. $1,410,000.00 Dade County Aviation Department, Miami International Airport, Northside utilities and Drainage Project, Phases l &2, Package A. Estimator aid project manager for 12' x 9' Bo x Culvert and drainage laterals. Contract Amount approx. $850,000.00. ~ . Palm Beach Cou;s ;~, >;-Iav~rhill Road from.45th Street toy=~rards Okeechobee Bl~rd., Raad . Improvements. Project ><rianager subcontract for road~,~~ay concrete items with Bergeron Land ~"~ Development t:om~pany, Inc. Contract amount appro ,.$15'3,000.00 1~~Ietro-Dada Pu>r}lic ti~~crks Department, Project fi6~73-'I4, S ;i~ 132 Ave from SW 31 Street to . STit'! 35. Street, IZoa~l Improvements. Estitna?or and project manager for prime'co.ntiact vti~ith 17ade County. Contract amount approx. $135;000.00 ~ ' Metro-Dade Public Works Department, Project #662272A, SW 132 A.ve from S`N 3 I S trees to . SW 3S Street, Road Improvernen.ts. Project Manager for prime contract with~Dade County. Contract amount approx. $135,000.00 ~ ~' ~ . Metro-Dade Public Works Depa.~tment, Project #6~62272A &~#662273, SW 117 Ave from Bird Road to Kendall Drive, ~Road•Improvements. Estimator for subcontract with Redlands Construction Co. Combined contract amount approx. $363,000.00 . Pipeline & Utilities Construction • Miami-Dade. Water and Sewer Department, I'rojcct #W-668, Installation of lb" Water Nfain in S W 97 eve, from SW 186 ~t to SW 212 St. Estimator and project manager for prime contract wish Dadc County, Contract amount approx. $344,000.00 Miami-Dadc Water acid. Scwcr Department, Projoci #W-720, Installation of 24" Water Main for . Wrst'Wcll 1'icld. rstimalor and project manabcr for prime contract with Dadc County. Coniract amount approx. $221,000.00 • ~ ~ . M'ami-l~adc V/~~tcr ~i»d ScWCr I)c;partrncnt, I'rojcct ~~W-754, Installation of.IG" Vv`atcr Main in S W 147'x' Ave and Coral ~Vay, Itimator and project rnanaber for primc~contrael with Dadc . County. Contract nmount approx. $205,523.00 - ~ - ~ . Miami-Dadc Water and Sc~~-cr DcParlmcrit, Project #5-427, Division 2, Utility Im roverzicnts for Sou.lh Dixie I-Iibhway. Subcontract for~paveinent restoration with Coastal•Ut'ilit•ies Inc. Contract .Amount approx. $328,000.00 '~ klorida Department ofTransport:rtion, H;gh~va}' Construction• Sheridan St and I-95 intercliangc improvements, Drotivard County. Estimalorand project manager for S&S Contracting Inc. Subcontract to Weckley,Asphalt Paving, Inc. for roadway concrete ite~t~s. Contract amount~approx. $.190,000.00 . Cypress Creek Park and Ride, Bro~•vard County. Project Manager for S&S Contracting Inc.. Subcontract to State Paving, Corp. for roadway. concrete items. Contract amount approx_ ~ i 77;000AO University Drive and Peters Road inl~rseclion improvements, Bro~vard County. Project Manager for SscS Contracting Inc. Subcontract to Weekley Asphalt Paving, Inc. for roadway concrete items, and drainage items. Contract amount approx. $70,000.00 - ••-a--•. ~~ ., ., ..«~w is L11111, ...... Homestead E:ttension p'lorida Turnpike Interchazige Irnprover.~ents at AllaFipatta, Tallahassee • Bisca;me, and Ca.~r;pbell, Dade County. Estimator and project mar;ager for S&S Contr3ctirg,~Inc. Subcontract to I'CL Civil Co.~StrLClprS for i•oadv~:ay concrete items. Contract arnourt approx. .. $11,905.00 ~. . US-1 I3ri~ge Ccriract for Bus Lane Project, Dade County, estimator and project manager fbr S&S .Contracting, Tnc. Subcontract to I'CL Civil Constructors, Inc. for storm drainage system and roadway •concrete iterns. •-Contract amount approx. $150,000.00 Milam Dairy Road.from NW 25'h Street to NV172"d Str~ei, Dade County. estimator and ro'eet manager for S3cS Contracting,• Inc:.Subcontract to Community. Asphalt for roadway eo ccete items. Contract amount approx. $52,000.00 ' - . Sunrise Blvd from I-95 to.NW 31"Ave, 13roward County, estimator and project.manager for S&S Contracting, Inc: Subcontract to Russell Engineering, Inc. for roadway'eoncrete items. Contract amount approx: $108,547.00 ~ .~: ... ~ - . US-1 from Newcastle Street to Bailey Street, Palm Beach County, estirilator and project mana er- for S&S Contracting, Inc, Subcontract to Russell•Engineering, Inc. for roadway concrete items. . Contract -amount approx. $77,000.00 ~ - • - Commercial Blvd t'rom• US-1 to Dupont I3ivd, IIroward County, estimator and projcct.manascr • for S&S Contracting, ]nc, Subcontract to 1'an Amcrican•Construction•Co. for storm drain-a c sysicrn aiad roadway concrotc itcros.~Contract amounCaPprox. X85;000.00 ~ .g Sta.tc Road A-I-A and Sunrise 131vd, I3row~trd County, estimator and projcct manager for S&:S • Contractin6, Inc. Subco~ltract to Part Americ~~n Construction Co. for roadway concrotc i terns. ~Conlrict amount approx. $2G4,000.00 - ~ . ~ _ I'Jniversily Dr. and S W 30'" Slrcct, Davie, I3ro~•vard Cou-city, estimator and projcct manager for S~:S Contracting,-Inc. Subcontract to I'an American Construction Co. ror roadv,•ay concrete items. Contract amount approx. $50,000.00 ,.- Sincerely, George Brewster ~. ~~~~ o.f. loti04 South Di;,ie Hti3y i'~a.ra,l;:t, Flc~:ida 33d31 (305} 158-91G~ Experience; Over, eig;ttEer. (18) yt:ars of hands on expcrie~ce js~tkl rtl3,jor construction p; o3ec;s in both Srnior Su~cl~vtsory and Planafng positiclzs for goverf7tmental, irtdustria.l, and commerelaJ owners, Specialising in Site, Ciril . ko~dway znd,Auildin~ Concrefe const`.rucfiiot;, CENTRAL FLORIDA EQ~PhIENT Mcdlcy, plorida 5cnior Proicct lv<anataer/Fstima~ Oct, 1,994 to Present Manage} coordinate, and administer mulli•mitlipn dpllar cnnsauction contracft Forwoll-established civil tnd engineering conttet:tpr in South Florida with nnnunl revenues in excess of S38M. The•scnpc of work included is typically demolilio» find e,•trtltwork, concrctr and sspltalt paving hridgct, underground utilities, lrighwsy lighring and signagdstriping. Tasktincluda prepare estimate's, ilcgoiiatC and s.dtniniytrr ernttracts, ciairnalchange )rdcr prepnrativn and presentadrnt,pmjectbudgetingsnd eoxt nnalysia, scheduling and subcontractor/supplier cpgrdinativn. Projcert Hanging bei'.veen 3ipp 1~ to aver S19 bI, Major Prgjccty inehtdc AuckKy Ezlcnsion Seg 1 and i? (537 ~M); II-G and C•D Ur derg~round Utilities and' Apron, Miami lntemarionr~l Airport (S ISM); MIAD Raads 1l, Miami Inltrrlslio»el Airparl (M1A);11,4v 79'~ Avenue, Mi;tmi, F(,; 11.;1 Fxelu•sivc 9nslancs, Miami, Ff,; F,mplnycc Ps'rking I.ot Phase I, M!A Miami, fL; 482"" P)gh[er Wing, I•(AJtrd, 7•lomcstcad, Flt Dadeland ivtall Cir>;Ic. Ftiami, FL: American Airline Arent, Miami, FL; Westside Rctcntion Pottd; M1A Miami, FL; TcrminalR 3,4,3 Phnsc 11 {1tCCL), Port of lvfinmi, FL; ABC Distributing, I•lialealr, Fl.; V incam Of[iccs, Miami; FT ; and varinut other roadway, sift work and undagrvund utility contracts.. Spctiel laskt include establishment of Job Costing system, Pitittuting datih2te; and Contract Administration system. Technical prtgrsms a tilizcd include Primavm P3,Expodition, Lotus, WinF,st;mator, Nerd Dgltsr, Agtck F..atrthwork, rrnd'Mierosoll Office. FLORIDA ROCK & 5.4.ND CO., INC. Florida City, Flgrida .Protect Coordinator ~ Nov,• 1992 to Oct. ] 994 .• Fva7uatt;coordinatc end adminitlcr multi trillion dollarconsfruction cortmcts rctrlargcscalccnginccringcnntractnrinSvuth Flntids. Projccta ranging ~balwee0 x31Clo ovcr.FSM'Tyaks inetudequantity takenfTand pricing, scheduling,subconirvcmreovrdinntion, ch:irr/chan66 vrderprepnrn(ivn and pr(rp66a1 prca`ntation. • PrpjGCrs include HpmcStr~d Tnll Plazz Rcnotztivns, Hotncsttad, Florida; S, W, 137'" A.ventie, Miami FToridn; S.W, 120°i Sat:et and 137'" Avenue, Miami, Ft pride; R.mway 9Rh71 & Ttrxiwny "T" Culverts, Ivliorni lnterna[ional Airport and various ntherroadway, site »vrk znd tmdttground projectt,. Computer progrnttu used asFriniavera Scheduling, /~;tck t~rthwork, ACE L•slitnati»g, Lotus'1.2-3, and•vatiour >;rnphics presentation packages. ~ ~ • THE LOWEI,L DUIt1N COMPANY Estimator/Proicet Mana¢et• I-Iialeah, F).or..id~ • Feb. 1992 tq Oct. 1992 Evaluated, coordinatM, administered Znd orgsni2cd constructign projects tqr ~ large scale rngineering (..entlYGrttt. Scope of work pafgrnted wax typically land development in bout a prime and subconlmetor capnciry. Tnskt included, Iwt tvcre not limileJ lo, preparing bid proposals and change ardtrt, project correspondence, contract ndministrgtlon,scheduling, claimichange order pmpnra.ion, cost summary and cash flowreviews, Projecu included N.W. SStI' SO'ctt?>ndGll Closur,:; Miami, Florida; scctnry 7,15,9/lfl, Wceton, Flerrida; Flamingo F_stalcs, 1'jivie, F nrida: and numcrnu9 prpjtc<proposals• in r~adc, Bmward, and Palm Acach cpuntiai. BtLKEk CONCRETE CONSTRtrCxxON Project Et1¢ine~r tc'o-ool' Monroe; Ohio ,Tun. 19RG to Sep. 1990 Planned, organircd, and cornpleted•projxb in •tayput, cpnvtruetion Scheduling, safety engtdinstion pureh~,~i .g, cast anaiygi.5; cgtima~ ing, concrete finishing and form work qn rnsjur eortsttvetinn projeea. 7}te secpe of work wi_v typically cortrpldc foundation sod xtn;ctural cone etc packapa forgove~rttmcntal, indusaial, god commercial owners. Pe+sonat!y worked pn many asJrw,•4 of cons~t:tion protects, nrngirg from $1 nrllior, l0 53.2 billion, as a worker, tam member and'shiNtask t a~der. PrnjccLti include the GM Saturn Plant, Springhill, TN; FI. Dnun Artrty Base Fxpnnsion, w•,~ rtowr,, lyy; Food I•ioH W:;chnuse, our n, NC; a n ~ several hcavy.high~r„y projtcls in Ohio and Kcn:ucky. Education: ir.r:iversity of Cincinnati • f Cincinnati, Ohio B.S. Consrr*+iction hianagct.;cnt . 1986 to 1991 ;~ i\isotiat¢5 Dcgrx in C.o~atruction Sc:cnct • .~chic~r_rac:;t CcniScate ir, p;oi'psior.n; Practice • Computct oack~und in 11rin~+rmatar, H~rru Dofin;,1:CF_ Es;im^tir.~, A~i,cdiuan, p3 achtduling, AulCrad, Timbcrlin~. ivlicrpcycirrc, ' : Sfi;ctur;tl a7esign, and various vror~ proecs;ing, spaadshcei, ;Ind yrnphic programs. P; ofessional Afi~iJiations: • . • ~ • Notary 1C~i111ic -State ofF•iorida 2000 to Present • ' . $oard of Directors •- Engineering Contactors Associati~v • 2007, to Present iYlit3istry Service: • Ohio Army National Guard 1986 to ]992 Florida Army, national Guard 1946 to 2000 ~ • Jtank : Second LieutenanC . jnfantry Platoon Leader • • Specialized as an infantry soidiex aztd armor crey~•marr 'Honorable Discharge Jan.uay, ] 994, August 2000; Comtri9sioncd`Jvly 17, 1999 • Awards iztolude Army Co?mnetrdation, Bxcellencc in Armor, National Defense Ribtlon,•and Res. Co>.np. ~ • Comrnendatinn •• ~ .. • Prnfevsiorixl military educat(on: Basic Trnining/A•IT (Armor), primary Leadership Devclopm,cn: Course, IvlOS Q (infantry), -and Officer Candidate School. • Tnterevts and Hobbies: • • Home renovation, SCUBA diving, f;shing end hunting. • kZcfcrencec: Available uponrequcst. s Resume of ~rrrA I~a~ic~ ~CTmlbauglh 921 Crestview Circle, Weston, Florida 33327-1898 Home (954) 349-2744 Fax (954) 349-2745 Email: Ki~rc Uflzbau~,,prodi,, ti~.net. Objective: Continue working in the construction industry as a Project Manager andlor Estimator. I have over twenty-nine (29) years experience, in both field and office operations. T started working as a Rodman on a survey crew, moved into Estimating, Field Quality Control, Project Manager, and Chief Estimator for a General Contractor. License: State of Florida Certified General Contractor License # CG C045309 States Inactive Certifications: American Traffic Safety Services Association Certified Worksite Traffic Supervisor Certification # 9039 Expiration Date: May 7, 2005 Education: Clearview Regional High School Mullica Hill, New Jersey . Graduated June 1973 Camden County CoIIege Blackwood, New Jersey Computer Skills: 'Advanced Software Knowledee: Lotus (Dos and Windows Version) Microsoft Access Microsoft Excel Microso$ Word WordStar . ~ Powerbid Bid2Win • . . HCSS (Earlier DOS Version) Quicken Notary Public: State of Florida Commission # DD 120609 Expires September 8, 2006 Bonded through Florida Western Surety 1 Page 2 of 3 Resume of Kim David Umbaugh Industry Back ound• Oct, 2002 to Present 1994 to May, 2002 1977 to 1994 Central FIorida Equipment Rentals, Inc. 9030 Northwest 97~' Terrace Medley, Florida 33178 Hired as Project Manager /Estimator Pavex Corporation 2501 Northwest 48`s Street . Pompano Beach, Florida Hired as Project Manager /Estimator Promoted to Chief Estimator Job Duties: ,Estimating various size projects • Training Estimators • Checking and assisting Estimators with their bids Awarding Subcontracts . • Processing Change Orders ~ • Monthly Pay Requisitions Subcontractors' Monthly Invoices Purchasing materials Updating and maintaining estimating system • Updating Cost for Manufacturing Asphalt • Project Manager ~ ' fihe Conduit and Foundation Corporation 33 Rock Hill Road Bala C}~q.wyd, Pa 19004 Job Duties: Recording and Processing Change Orders Monthly Pay Requisitions ' Subcontractors' Monthly Invoices Estimating takeoff and preparing bids Purchasing materials ~ • ' ~ Project /Contract Manager Job Experience• Florida Turnpike . Orlando Florida ' Dealing with FDOT, Monthly invoices and quantity verification, and project Safety Fisher Island Island Developers, Ltd. . Miami, FIorida . Project Superintendent Site Developn'ient and Beach Restoration 2 Page 3 of 3 Resume of Kim David Umbaugh . ,Cypress Pazk Fort Lauderdale, Florida Project Superintendent Site Development -Office Building Kuwait -Ali Salem Aii Force base Kuwait Quality Control Supervisor ~ ' Passaic Valley Sewer Treatment Plant • Newark, New Jersey Drafting, Submittals, and Processing Change Order .Request EPCOT Center -Walt Disney World Lake Buena Vista, Florida Quality Control and purchasing West Palm Beach Mall - Burdines Building West Palm Beach, Florida Field Layout -Survey Party Chief Boca Town Center- Shopping Mall Boca Raton, Florida Field Layout -Survey Party Chief . Browazd MaI1=Shopping Mall Plantation, Florida Field Layout -Survey Transit man & Party Chief 1976 to 1976 Fisher and Sampson ' ~ Consulting Engineers Cherry Hill, New Jersey Survey -Rodman 1973. to 1976 John J. Dunn Construction Company Trenton, New Jersey Highway Construction -Route 295 Survey -Rodman Lzterest: Hockey, Football, Hunting,.Target Shooting, Bowling, Traveling, and photography. EARTHWORK kND ENGINEERING CONTRACTORS ~y A COTr1PLETE LINE OF.EQUIPIv1ENT RENTALS Eraaest J. ~u;f'foe; i~.~. ~ • • ,,- 4/OS-nresent:~CentralFloridaEquiprnent Rentals,•.Inc. ~ • Project Manager • FIU Law School • Opera Tower • MET I Condominiums 1996-2005: APAC-Florida, Inc. Pan American Division • Project, Manager , , ~ ' • ' .Overseeing Florida Turnpike & NW 12 Street Interchange, Miami _ . NW 12 Street part D @ NW •I07 Avenue to NW 111 Avenue ' QNIP resurfacing•contracts #6 & 7, Miami-Dade County Public Works 1986-1996: P.J. Constructors, Inc. Estimator and Project Manager ~ ~ . • Bid and supervised FDOT, MDCPWD, City of Miami projects • Estimated and, did marketing in Miami-Dade County • Did cost variance analysis on all projects 1965-1986: Bristol, Childs &•Associates •~ Project Engineer • Design, supervised, and handed permits for the Public and Private projects • Supervised Heat Recovery Facility at MIA &T Hangers at Homestead General Aviation 1983-1984: Rinker Southeastern National, Inc. CO-OP Student • Minor. Engineering design, drafting . • Survey Crew ' License: ~ ' Registered Professional Engineer-Florida Education: ~. I•iiami-Dade Community College FIU 4181 ~-12/82 I/83 - 12/8b Bachelor of Science (Civil engineering) `~,1sK if ~ . r - ~ ` .. ~. - - ~l ~Sf1~ IF 9030 N,V/. g7 Terrace Prledley, Florida 33.1 78 • Telephone: (305) 888:3344 • Fax: j305] ggJ.JBO~ ~'e~t~al ~'Zer°ida ~c~~i~~te~at .~Zer~tats Ine. EARTHWORK AND ENGINEERING CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS MARTIN E. HQLMAN 3 ADAMS ROAD OCEAN RIDGE, FLORIDA 33435 (561) 376-4229 EDUCATION Ohio Uzaiversity, Athens, Ohio EXPERIENCE Decemlzer.1939 to gre5egt Central Florida Equipment Rental, 9030 NW 97 Ten., Medley, FL 33178 GENERAL SUPERINTENDENT OF LAND DEVELOPMENT Construction Division general superintendent responsible for all construction operations. Direct supervision of multiple construction crews on several sites simultaneously. Crews include roadway (subgrade, base) concrete (curbs, sidewalks, roadway, structures) subcontractors (asphalt, Signalization, lighting, landscaping, grassing) July 1996 to December 1919 Downrite Engineering Corp, 14236 SW 136 ST., Miami, FL 33186 GENERAL SUPERINTENDENT OF LAND DEVELOPMENT November 1931 to July 1996 Florida Rock and Sand Co_, Inc. 15900 SW 408 St., Florida City, FL GENERAL SUPERINTENDENT Construction Division general superintendent responsible for all construction operations. Direct supervision of multiple construction crews on several sites simultaneously. Crews include undergro~.uld (water, sewer, drainage) roadway (subgrade, base) concrete (curbs, sidewalks, roadway, structures) subcontractors (bridge, asphalt, Signalization, lighting, landscaping, grassing) . r` ~. ~8 '+rie~~t 9030 N.W. 97 Terrace • Medley, Florida 33178 •1 Telephone: {305) 858-s 344 • Fax: {305) 867-7804 Central Florida Equipment Rentals Inc. September 1989 to Novemr~er 1991 - Rampart Technologies, Ltd. 1321 NW 13 Ave.; Pompano Beach, Florida OPERATIONS /ADMINISTRATION Direct responsibility for operations and administration of manufacturing and construction of Loffel (R) retaining walls in the licensed territory. Specific responsibilities include the acquisition of machinery and supplies for construction and assembly of the manufacturing plant, the manufacturing of proprietary products in conformance with specifications and the administration, scheduling and execution of wall installation. ~ ~ - February 1986 to September 1989 Capeletti Bros., Inc. 16401 NW 58 Ave., Hialeah, Florida PROJECT SUPERINTENDENT /PROJECT MANAGER Onsite supervisor of construction operations for projects ranging in value fxom $3,000,000.00 to over $30,000,000.00. Direct responsibility for schedule execution, profit and loss. Specific projects include: I-95 HOV Widening Broward and Palm Beach Counties: I-95 & SW 10th Street Interchange, Deerfield Beach: Dolphin Interchange, Miami: Palm Beach International Airport Aprons 8~ Taxiways, West Palm Beach International Airport Aprons & Taxiways, West Palm Beach: Palm Beach International Airport Entrance Roads and Bridge, WPB. August 1985 to February 1986 American Excavating, Venice, Florida FROJECT SUPERINTENDENT /OWNERS REPRESENTATIVE On-site supervisor of construction operations. Specific projects include: I-95 & . SR-708 IYIay 1982 to _4ugust 1985 . Service Contractors, Inc., 407 N. lulilitary Trail, WPB, Florida OZ~~TER /GENERAL 1\~.ANAGER / ESTIIvIATOR Site v~-ork contracts for developers and Public Agencies. Specif c projects include Palm Beach County Parks and Recreation, ~~Tellington: Levitt Homes: Hovnanian. Howson of Florida. ' Central Florida Equipment Rentals Inc. June 1977 to 1982 . Ranger Construction, Inc., Sandsbury Way,'WPB AREA MANAGER Projects Manager for projects within southern Palm Beach County area. Specific projects include Palm Beach International Airport Lucerne & Park Ave.: Pine Ridge North: Palm Beach Lakes Blvd: Lake Worth Road: Lantana Airport. February 1971 to June 1977 Martin E. Holman, Inc. PROJECT SUPERINTENDENT Responsible for complete site development from land improvements to residential and commercial construction and sales. Specific projects include Stony Brook subdivision: Shoppers Haven Mall: Wedgewood. January 1967 to June 1971 United States Navy HIGHEST RANK E-6 Honorable Dischazge References furnished upon request. February 2001 C~ntrc~l .~'lv~~i~a ~~a~i~trtent ~tea~tnis l~nc. EARTHWORK AND ENGINEERING CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS Bennie A. Champion 961 Caribbean Bivd. 1Vl~iami, Florida 3319 {305) 256-9747 EI2UCA'1'1®N Graduate of South Dade High School I~XP]ERIENCE Nave~xtber 1991 to present Central Florida Equipment Rental, 9030 NW 97Ten, IV.ledley, Florida 33178 SUPERINTENDENT General Superintendent, direct supervision of multiple construction crews on several sites simultaneously. Crews include underground, water, sewer, and drainage. Previously self eanpiayed ~,r,..~,.,, ir•` ~~ E ~. x 9030 N.W. 97 Terrace ~ A4edley, Florida 33178 • Telephone: (3015} 888-334.4 m Faz: (305} 887-7804 Cer~t~-a~l .1{'l®r~~c~ ~`q~ci~~a~~t e~ta~s Ine. EARTFfWORK ANO ENGINEERING CONTRACTORS A COAAPLETE LINE OF EQUIPMENT RENTALS J~OFIN VILLA 125 Jo[ly Roger Drive ley Largo, Ftarida 33037 1-305-852-9801 EDIJCATI4N Graduate of Nanuet High School -New York EXPERIENCE April 23,1990 to present Central Florida Equipment Rental, 9030 NVd 97 Ten., Medley, FL 33178 SuperintendentlForeman: Duties include scheduling and supervising crews fox' general engineering site work relating to paving and drainage 1979 to 1990 Hardrives paving Company Superintendent of private works -duties include. supervising and scheduling 12 crews for D.O.T., Count and private paving projects 1977 to 1979 L & R Paving Superintendent: Duties include supervising aver 8 crews on paving and general engineering site work. References fiunished upon request. February 2001 `Q.tLKI~~` r `~ yi r syn. ` T l1~~~~ 9030 N.W. 97 Terrace • Medley, Florida 33178 • Telephone: (305) 888-3344 • Fax: (305) 887-7804 Central Florida Equipment Rentals Inc. EARTHWORK AND ENGINEERING CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS TO WHOM IT MAY CONCERN: PER YOUR REQUEST, ATTACHED PLEASE FIND A LIST OF FACILITIES AVAILABLE FOR THIS PROJECT: MAIN OFFICE 9030 NW 97TH TERRACE MEDLEY, FL 33178 AIRPORT OFFICE RIVERO BUILDING 5245 NW 36TH STREET SUITE 23 0 MIAMI SPRINGS, FL 33166 ,,.~,. ~F 'S f '• n~M"•t 9030 N.W. 97 Terrace • Medley, Florida 33178 • Telephone: {305) 888-3344 • Faz: (305) 887-7804 ~~~~~&~~ '' A COMPLOTE LINE OF EQU PME OT RENTAOS S ~~ ~'" ~ 9030 NW 97TH TERRACE, MEDLEY, FL 33178 •• ~ TEL. 305-888-3344 FAX. 305-888-9305 ~ ~ TO WHOM 1T MAY CONCERN: PER YOUR REQUEST ATTACHED PLEASE FEND A COPY OF OUR LICENSES AS DESCRIBED BELOW. FEDERAL TAX PAYER JD: #59-1782227 STATE OF FLORIDA LICENSE UNDERGROUND UTILITY & EXCAVATION CONTRACTOR #CU C04151 1 EXPIRES ON: AUGUST31, 2008 DADE~CO.UNTY ENGINEERING CONTRACTOR GENERAL ~NGINEERENG #E-308 EXPIRES ON: SEPTEMBER 30, 2009 DADE COUNTY ENGINEERING CONTRACTOR GENERAL BUILDING EXPIRES ON. SEPTEMBER 30, 2009 BROWARD COUNTY CERTIFICATE OF COMPETENCY ENG 3A, MAJOR ROADS #87-989 EXPIRES ON: AUGUST 31 , 2008 STATE OF FLORIDA STATE FIRE MARSHALL CERTIFICATE OF COMPETENCY #575528000195 EXPIRES ON:.JUNE 30, 2008 PALM BEACH COUNTY CERTIFICATE OF COMPETENCY PAVING COMMERCIAL #U-181 1 21 EXPIRES ON: SEPTEMBER 30, 2009 THANK YOU AND SHOULD YOU NEED ANYADDITIONAL fNFORMATION PLEASE DON'T HESITATE TO CONTACT US. _ v o U ry ~ L O .~ p ~ _ ~ ~ ~ v c3 ~ C :. O O (J ~ N .~ y N cq try N N N y F y _ ;~ ~+ ~ ~ LL U Q ~ Q ~ 0 ~ 0 Q Q ~ Q C ~ . (1, n ~ ~ i-+ O Q+ r.+ N ++ ~ i.~ to O ~' C .~ ~ •~ ~ ~ a U ~ U V U N U V fd U ~ P~ •O ~ ~ 4. 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L;ICENS`E'~~~`NBR'',,:R:.~--~:.:':~~..~ l- ,., ,: ~, •. .:I.0~8/~12/2008~~:0880~2.9284;:«•I ~~'; The . GENERAL •..CONTR.~'CTOR `~~ Name.d:,~below;4~IS~ CE72TIFI: `Under-'tlie•' prov:sons', o~ := Expiration ::date;.~~ AUG.,:3 ~' ~:; • `":; ~~ :' UMBAUGH:^•-' K IM ~DAV I D;` ',;.` ;~::; ~...; CENTRAL`aFLORLDA ',EQI '. := 9 2 T' CRE S•TVIEVT; GI RC7 •.WESTON ';~~~ ".GOVERNOR' `~`<~ 4 5'3f0> 0. :FL.3'3~~'~~7; '1:8:4~~ ~ >::~:;; ~ ,~~ ~e~~f ~ ~~i~ .h ft~ FYI ~.,d •.}• f., ~ ::. l a4 t n,F .. r,i:. .'.'~.~~. 4 .~~~~¢'~ •. i ik~riti~'•. ~'' ~ . _., ~ ice:'. f' ~~. zO'?J~-. ~~,ti'. 's TARY._:'~' ~ ' ;;'~ `t; ;:SSATE~O'~F Fl-•.`,I.: :•'AC#.3 7 5:r ~ j] ? ~`~~_ ~~FDEFSA~"T~fENTt.~OF~.~BUSINES•S~~=::: •~ •-.; • ~ • ~ .~ ~'` ~'ROFES S I ONAL • ~D''. ' ' ' -- .-wr~B 5 0 5 93.-.~• ~~• ~:1;'-;~•ci;:r. ,. :e : ~•~04'/1.1%0.8•'~07:0254467, ,y~: mss`. ,i.. _ ,. ;: , ~~•,QUALIFIED'~BUSINESS:.ORG'~'I.ZATION ,., . '~i;:tC~~1.TRP.I;'.••FLORIDA, EQUIP2dE1~TT: .c,~r~_••:1s.~•R ,~~;~;,,'. ta:'RE2y"TP_I;~%?• -:(NOT - '.~+'':~ ~~'= ;~` u,Rt~LICSNSEY°T•, .,. - O•.: PERT OP.M; W012K...:`~~• ~~:;~`ALLOt~'S::f:~COMPA?~'Y TO'" DO. BIISIN :•>~`IT,• HAS-'A;LICENSED~ QUALIFIERS) ; IFr w`.-I$~r~QUAILZFIfiD•'~ader ch ~ ' ;. ~ rovi• 8 9 fi~~ax S a.ti' ~^/;`;,• _,.F, sibns of,.Ch..9 FS ••~,' „~ en":i5atiy.;.•leUG`r` j.•:2Q.~p. ::S:OSOS1 -t .~.31• 101041 ';.' ~•^' J• .STATE OF FLORIDA •, ` AC#•`':;'3• ~• 4 ;?~y•:j 5:, • . =y • - - .; DEPARTMENT,~;OF•°:BUSINESS~r`AND -r;-~=. ~`;. ,'.:~ :PROFESSIONAL ;' REGULAT= ON~;~~<`' ~~-~~~ ~:•:~ `': CUC 0 41511 •::'.:•.,:.'..0.7 /, 0 9 ~ p.B .~: •0 ~$ g:.c 0.4.;7+4.9_•:. - -•~.a;a• ~~ - •••~ CERT UNDERGROUND,.'.& •EXCAV.~ •CNTR~-~~°:=f';:: :'• BAERr. 'ROBERTt•~iNTHONY.."~~'ti°is`'.,•v.~.;~-~;~;:;.•.r:i.~~at•_ CENTRAL FLO.RIDP.`.EQUIPI+SENT•:_~FcENTP:Ly~ ;,::. ':•IS CERTIFIED under the provisions o£ Ch.9 B9'FS•'~' • IIxpiration date: AUG•-31.- 2010 L080'20501139~rrq "•: ~~~ ~ Construction Trades and Qualifying Beard • Qualifying Agent: BAER R06ERT ANT;-TONY Contractor Name:• CENTRAL FLORIDA EQUIPMENTREt~t~At . D.B.A.: _- License No.: 026000431 ~~ Exp. Date:: x„•09%30/2008 Herminio F G nzal z P. F MIAMI•t]~1DE .Construction Trades Qualifying Board BUSINESS CERl7FICATE OF COhIPETENCY E3 U 8 ~ •. -.~.•.. Exp. Date: 09/30/2009 t ~4~h ~, :... ~; ..- - BAER ROBERT ANTHONY ~`~ i .~ d ,.J 3' • CENTRAL FLA EQUIPMENT RENTALS OF DADE COUNTY, !NC } • •4: '. L • ~. ~ .'~. • D. B.A.: °i :~ .• .. i Is certified under the provisions of Chapter SO of Miami-Oa de County ' UALIFYIMG T L'E S r 0001 GENERAL ENGINEEP,ING ' 4~~~ Of N/~~F'b w .e ~.. :b :R • ~1 '0 ~~Ri'90*~~' City of Hialeah ]Business Tax Reeeipt Mayor Julio Robaina nr~>AR~rtlzla~.~~' ~s 1^I.N_~ncrAL sEltvTCrs . ~_~: ; . • ))liTr.SlOti Uli ST:4.Trr F117.1;; \T.~RSl-1'Ar~ r. ~ _,_..~' ~~ ~'ALLA1~'fitiSLE; FC,OR.rI)~ C2R7'iF']CA.T~ OIL CC)'YII'T•~TI,;~CY ~~`"~==°'' 'T[!CS C;J=[t'fit4'I(?S 7'1~1AT: RC!F~T_R"t It~FR ~ . 930 N1N'?i TF:RIL~.C'F. h41Ah11. F'4. a3 4 9S- . 13US1\'ESS Cll{CiA1~VATJU~i: CCI\'F[~;1.1_ F4.C?1t!U~t1 J~Q(il7'~TF,:?~7' R]4v ff1!.51~'C. Cni~'FR;1.C.'T()Ft 1•' i`7[:A!vS:1 C.'C);~'T7tAC:T(J[: \}4]QS4= L31!S3T~LSS !S !.Jn1!1-k;13 -rn •r!!r f~?ti!_Ci.mON C)r CC);~'•r1tAC"f.S RF.Q4)41:I4~C.; T1-73': =~L3[L.1'1'Y 'rO P,1i?I:1C1 rr.-', L'iti 1'.a4_L, J!~~PEC'1-, ,a.LJ`FR. !tl;i',A)t:, /1i`rL) SEi2V'1C1::1"1-iF., L!~l?l~'ICC;[:C)l.?~'ll i'1.P1!~!G FQR A FI1tF' !'RC)'4'l~C'TfU\ 31'S'C!3M l.(SIi~G tb'r17'1:4i:>,S'1'1•[f,' ):X:i'INC;IAS!]J\G r1C'il;\"P!3;yC;F;~!;~r!\tQ A')'7'H!: I.~C)[tisT'1'FI}:• 1'IY[\IG IS 1_:SEL) J;1C[,L!S11'! L1' FIR 4'Ifs }yli.C:f'f'i~C'T1C~~! ANp i:I~J)I!~iC~ 10 R~IC!RE 1`F4A\ 0\E fC)U7:' :1.1)C)~'L:'1'4.3F:1=J~`!a1~1_[) fl,r~OR. _j~ ~r ~ _ i ~~Jii.\`'I!}lJl !tl~i i.l:ap(r~:/1:$ I.icrn>c`!'ermil \um!~,r 1 ~l(,i}lirt!ion k 2007-08 -1~.: ~~:. ~. --:~~... aV''. ~'1~ x . :!'C~J• ~ a1 ti'~. ~, V ~ F~'-~•ti ^~~~ C'hicf'}'~ir:ancial t_)fjiccr T~tx•:. di 1T~•cs ~ ~~Nsr: C7atc ~°own of iVieclley l.OC~#1. BUSINESS YAX RECEIPT' 20o I ~i~oo~ CENTRAL FLORIDA EQUIP2~NT RENT 9030 NR 97TH TERR. MEDLEY .FL 3317.8 ._ JAMES RnFR 9030 NA 97TH TERR_ L~DLEY FL 33178 is hereby issued a Locai Business Tax Receipt for Town of Medley, valid through 5eptetnber 3~ of tax year listed above for the occupation of EARTH~I/ORKIENGiNEER1NG CONTRACTORS. The issuance of this Tax Receipt or acceptance by the applicant in no way confers any right to violate any law, ordinance or regulation of this State, County, or any municipafity_ RESTRICTIONS: NO MECHANICAL REPAIRS OR BODY WORK. NO LIVING ON THE PREMISES. STORAGE OF HEAVY EQUIPMENT PARTS ONLY. his .L,ocal business fia..~ tZeceipt z<rsst be exhibited conspicuausZ~ a~ your place o~ b~~.si~~ess. . ~~~ ,f/,~,t ®®~~~~~~ ,;?<: MIAMI-DAuE COUNTY ° ~'•":•.~ 2008 ~~;`?~~>, ~LpC, ;':.TAX COLLECTOR • `r _'; `:''.::., :~b~>' •': MIAMI-DAC - ~'140W.FLAGLEFI,:ST::~{" `',r~~ - °'?~~' •,E 14th FLQGA ~ MUST HE::DI MIAMI,:FL33130 pURSUANTTO.CC FIRST CLASS U.S. PGSTAGf PAIR MIAMI, FL PERMIT N0.23 ~. 413888-9 • :. ~~ ~• ~ ~ RENEWAL ~ - .. eu~~I~~E~ILi~~ .EQUI•PMENT` ~EC~3~~o' 191670-0 RENTALS-.' CC . ''INC ` ~ . :: : . 9030 NW 97 •TERR'. • •~:~:: : ~':•~-:> .., :~' .•.. ~ • .. • .;.:'.;. :.:...33178 MEDLEY •. `' : . .: ' .~ :.,~..';~ ::. .• , . ... •..,, . '. • ~ • ow~I~ITRAL• FLORIDA ~ EQUI•PMENT RENTAL •:~ ~ •' ~ ~ '• ` Secjj~~gegt~EusLis~ek~TY ENGINEERING• .CONTRACT. ;WORK10/S.. . . THIS 15 ONLY A LOCAL - BUSINESSTAXRECEIPT.IT- ;• ;' .': t -i .• • • :::: y;; ' ~~ r ~DO ES~NOT PERMIT THE .,.:• , ~.. • : ~ ; ~. , ,..:, - -',: .~ ' ~HOLDERTO VIOLATE ANY 'EXISTING OR REGULATORY : - .• .. ~ ~' OR ZONING LAWS OF THE COUNTY OR CITIES. NOR ~ DG NOT FGRUIiARD 'ooES Ir ExEMPr TNE•- 'HOLDER FROM ANY OTHER CENTRAL FLORIDA ,EQUI PMENT RENTALS . PERMIF OR RECEIPT. O I " INC 'NO T A CERTIF CAT O N OF~ ' ROBERT ALLEN BAER QUALIFIER SAVALIFICA• 'TION"OLDER 9030 NW 97 TERR '' •~ . ' MEDLEY. FL 33178 PAYMENT RECEIVED ~ MIAMI-DAOE COUNTY 7AX '~~ ~ COLLECTOR• "• '' ..:.0.7/10/2008 ~"::" ' ~'` :60050000575 :i . . .•_000045.00, .•' ~„ilu,~l:,,,1~ I',nl~nl,:„il,ft,~„l,~~lllni~l,~~,,,~,~;41 .... SEE OTHER SIDE .. .. FIRST-CLASS U.S. POSTAGE PAID' MIAMI, FL PERMIT NO. 23 . ~ 413857-4. `.: •;•: - _ . , ~ ~~ ~•• ~ ~ :~ ~ RENEWAL ;' ,BUSINESS NAME/LOCATION~ ' ' •`~~~~' ~'~~'~` • . ~'•` : '~"''~ : ~' • CENTRAL FLORIDA;:.,EQUIPMENT.•.RENTALS` ` .: `'RECEIPT NO. '' 432.185-7 STATE# CUC0415I1 INC • • : ~ - , ~ ~. . , ' . , .' ~. 9030. NW 97•' TERR'; , r., ,•, . •~. ` _ ,_ . ~ `.. .:. .:. :', •, ~ ~ ,; ' . _ . . ' " 33178•. MEDLEY . . ' ` . , ;:.:.: ' "':'•- `.i';:i; '......::.` •:. .:., ,.., ` -'OWNER .: • •' CENTRAL FLORIDA 'EQUIPMENT RENTAL-: ~' • '~• ' • • ' ' ~SeaTy eof8usiness ~'- ~ ~ ~' ~` 6 ' ~' WORKER/S' . . .; . • ly SPECIALTY .EN6INEERING.,.:CONTRACT ~" 95 THIS IS DNLY A LOCAL ': ";?~: ~ [ ' , BUSINESSTAX RECEIPT. IT '. .DOES NOT PERMITTNE .. ~ HOLDER TO VIOLATE ANY ~ ~ •• ' ~ ~• ~ ' ' ~ •• 'EXISTING OR REGULATORY - ~ ' ~ ~ ' ' ~ ., COUNTY Oq CITIESFNOR DO NOT ~ FORWARD ' DOES IT EXE MPT•TNE PERMIT Op RECEIPT REOUiRED er LAw.THls ls. ~ CENTRAL FLORIDA EQUIPMENT RENTALS THE HOLDER SIOUAUFICA--~ INC TION, JAMES BAER - PAYMENTAECEIVED 9030 NW 97 TERR coL~cTORCOUNTYTAx . MEDLEY FL 33178 •07/10/2008 • • 60050000572' '. 000300.00 lull:ull,1,ll:~„Illni„u;~:I,IJ„1,1111,:,,:1111;1,1;~~;~ SEE OTHER SIDE FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT N0.2c BuLR~,~~E~ILo~~~P RENTALS : •'•-.. ' - -. RECEIPT NO. 518149-0 MUNICIPALITIES LOC.'..~:.~ . ' .. ,:, • ~ ' '`33888 • , ~. -~: ow~i~lTRAL FL E.QUIP;-,RENTALS-`';'•~~~.~.,, .~•' ,~.•AGGR . SQ FT ' ' _ Secl~l~e ~~~~~L/I~NDUST%OFFTCE•?SPACE.. -.: °•'.12113 . ~tklS I§ ONLY A LOCAL BUSINESS TA%AECEIPT. IT ~ - _ - DOES NOT PEAMIT THE ~ ~ - ~ ~ ' HOLDER70 VtOlATE ANV - - '.~i ~. • EXISTING OR REGULATORY ~ ' ~' •"' ~ ' OR ZONING LAWS OFTHE ~ DO NOT FORWARD COUNTY OR CITIES. NOR CENTRAL FL EQUIP RENTALS DOES 17 EXEM PT THE -HOLDEflFROMANVOTHER 9030 NW 97 TERR 'PERMtT OR RECEIPT REQUIRED BY LAW. THIS IS ' NoTACERTIFICnnoNOF• MEDLEY FL 33178 THE HOLDER'S OUALIFlCA- 'TION..... .. .. PAYMENT RECEIVED ' .MIAMI-DARE COUNTY.TAX ~ ~ ' .~OLLECTQR:-~. ~~'"..60050000573:' - .:~ o00.0~5. oo ~ ,lii,,,llll,liil•I,lilt,i,t„lititlil,ii~i,ltl,t.~~iii,i,i7ii:7 SEE OTHER SIDE FIRST CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 23 .•'-°.000948-0 ~ - :. RENEWAL ":'-BUSINESS NAME/LOCATION'; ::'•~:''`"•' •:~` "': :: '•.'.'".''~:.`'.:_•.~'..-' •". ' RECEIP7N0. 000948-0 • -: • CENTRAL FLORIDA EQUIPMENT;; RENTALS •~. •. •:• I NC , ,•- • 9030. NW 97' TERR , ~. +;~• -. • :.33178 MEDLEY . t- +' ,.` : . . ,;:.,v.:,:,~ ... CENTRAL FLORIDA EQUIPMENT RENTAL •' '- SeaTy a of Business •• p ••~ _ EMPLOYEE/S • 21 3 SERVICE BUSI ~ NESS... -'......- !• _ ..,•• •• ' - '• 5 ', ~ ~ •THIS'IS ONLYA LOCAL NOT. A -CONTRACTORS~ RECEIPT ..~•`~~'~~ • BUSINESSTAX RECEIPT. IT ;DOES NOT PERMITTHE ~ ~ - HOLDER70VIDLATEANY ~ ~ ' EXISTING OR REGULATORY' .. .. .:. ... .' .. ~ ~ .. . CR 20NING LAWS OFTHE COUNTY OR CITIES. NOR DO NOT FORWARD DOES IT EXEMPT.THE HOLDER FROM ANY OTHER :PERMIT OR RECEIPT REQUIRED BY LAW.THIS IS CENTRAL FLORIDA EQUIPMENT RENTALS •TNE OLDER~S OUA FICA-' INC ,noN.,-. •. ~ ~ 9030 NW 97 TERR PAVMeNT RECItrvEli. ~ MEDLEY FL 33178 MIAMI-DADE COUNTY TAX .COLLECTOR: _ • , ': o7/i o/Zoos . • ". 6DD50000576 - 000045.00. ; il it 1ii ii ? ~i i i ii i ii ii l~~~ ,: „l ll11 lll ll II:; li,t ,l t t l,,, , ;,, SEE OTHEr~ SIDE .496209-9 ~ ~•• RENEWAL FIRST CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT N0.2c • ..~• •413889-7 • ;' ; ` ••ee: 'RENEWAL ' BUCEN~RALEFLOR~DA EQUIPMENT, RENTALS a CC .~E~E.308 '... : ~ :397089-5 INC.::; . :. .• • .. :9030. NW 97 TERR .;~ , : ~ • • .;.•<; 33178 MEDLEY .. ~ ~ '• ~ • . • ' ow~~RNTRAL FLORIDA EQUIPMENT-RENTAL`. '~ ~' ' WORKER/S ' Secltvge.•`~iEBfy~PteAsSL ;ENGINEERING CONTRACTOR ' 10.' . ., _ { 'THIS IS ONLY A LOCAL `. ,i G - E, ~ ~ ' ~' •~ SUSINESSTAX RECEIPT. IT ~ ~ - ~'~ ,+ :DOES NOT PERMIT THE HOLDERTO'VIOLATE ANY.. .. ~ .. .... ~ .. ,.. EXISTING OR REGULATOAV :OR ZONING LAWS OF7HE ~ DO NOT FORWARD 'COUNTY OR CITIES. NOR. OOES IT EXEMPT.THE' ~ ~ ' ,HOLDER FROMpNY OTHER •neoua nevLawcrr`tsls CENTRAL FLORIDA EQUIPMENT RENTALS ~THE•HOLDER'S QUALIFlC°e.. INC poN.,,~, ::; :•-.••.::::`: JAMES T BAER QUALIFIER • 9PAYMENT. RECEIVED'•'•`~•~` 9030 NW 97 TERR ~ • MIAMI•DAOecovNTVrax: ~„ MEDLEY FL 33178 ':`:,0711072008 ~•':. '::; •60050000574.;• ' :. 000045.••00 ': i„~;I~I~i;IIE~i~lll~~l llllil~l:~I I~11~111111111III~~t11'717 f1 SEE OTHER SIDE . 7 ~`-~. .. `r.. .. .... .. •: ,., .. •~'% r . ~" t~ f••:t+ ;.f""::. '"j :! It t: :'7 t "V'•~i tea'^F'„'~it~a?. . V .:t .i".. ' ,..F. ' Y ; ~... 4 :mot .-~'~<ep~;"sj;aij•~r~ -.yam='}~• .tti•^ ~;` • ,•2 1,$.r1i3' ~: .c_.1..:`~1.7;. A•1~.. 'f•t..•~ r:.:>S~.l.i~}'~• r-~,1 ;•n l" ry: I:Z1._J _. ~1•Ci.'fih?•''.~1~; ~17~•. .;.:~{• r. .~,•' ~rk~;% n ••. ., i. t" ! `~` _t~..;~.~:'.' .. "',i..•Ea. c 4'{'F.'. S. 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'v',4 r,(• ~, ~y{t.~,: 1.,1 Y5. ~' 44'3:•::14 'S•• f+'~'.Y•".J.tr, ..,,t. y"~"t • .::r'., r+,Y: ,.y'.:•7`: ~ • - I,, . ,• -;K,' t••X,~': .i ~ C"7•~'~. „i 110 ;1 {".,~n.,;. : 1~,, 4,_,.7L1 ;„C~t_k•. .a. ,.:r .,a~.: :..T,~.i..: ` 4a•_ ;. ;. *+1:- 7 .~ , '.s.~ . . }, 2. k,;.. .'~ 71~...~ m:. •~iA,. .J ~y'., 'idr•. ::'t: x :1.:, 2:v .:.ti•i :. i.•~n.:: ~!~. :l. ~. tr}"~•.,. .7,W •-~!. •:~•ra,~,:•s:v3, .~`rtn• ...•~,.~. a•?i-e. ~~ ,., •;ha~',c:+u': .4.: .:,tF{'.'g5..}' ~;,~., .r•,? .;.r-.'•• ~':+ir0'^ .M .:4: i~ , Yp~. w ~.`a,~.,.; t.$et•'% `'1!%N.~ ~ ty''.w ~ .rp.. ~]..,y, .::i•-S •.: .~' `:~4',•^ ..t`•: -.r 7' .,~•.. 'e 3!•• ~< .. ••7,.~ i,~.~t,rf~ :'~'k~~A~~• ;fi+;.. .n~. :"f•..,a•.•~'`ia. ..:j,t•. a~w,...; ~~:~•. .,:' .k` •a• .,;M:r: .'f »'f'cat°:~::i:.,t;.''.5,~:'-'•':;f.= .. .rVr.,. ~ M... Y~~':~'R.S.._ i. 7.i>wz...... `!'ST"~'~If•~,. ors i,...._......~ .. A~k `.:••'Sk._.x`t.+..s __~•.~. ,M Y.. v._.r, -•s ..__..~"h..-CM.':.. . nh.~. ~wL'Y, R. ~~' ._ ~•R r_ ..•L.ix_ .s .Y ~x . _ _ . r. ._ _ _ .. i''~:.,;::r,,}~•~.~4l;,,~J~W-•:a': ~';•'.>~•.~;. it i:t.i'3 {:. ail` .L: •'•'~7='j•_J"ix:ye ~,, i.. ~u:'-'::~_r _- ~i~~ _T_ '(t-: r,..L. 1 ~ _ 1 ~C • .K ,l''. ..Ui s~%•N.it ",' '. ,y •'s '..~ ~~•~• ' 'J..n :1i: , P))~~,'~'•~ ~' :.,a. ~::.'w .~ . . `i'y. ••µ: S ~•1• ~ . .1 ••• M .~---~. ~' ' !~ i~ i`vr n, . F 1"11 ~, ~1~ •.~ ir'•, - :r~.•,+"~y"_°t1•: :+' y:1:.".~1'4`G~ :.ki L~ -.`n:,t~iir >a~, rs, M-teyj.^ :': ~. Y'; .};.. cr: . .. ~ ., ' i .- .' ' r -. i Reglesdate 1128%0700085630 .CITY OF BOCA BATON 201 WEST PALMETTO PARK ROAD BOCA BATON, FLA.. 33432-3795 REGISTRATION CERTIFICATION Registration paid: 2.00 ' . ~ ' EXPIRES: 11/.30/08 ~ .. .... ~ . CENTRAL FLORIDA EQUIPMENT RENT BAER, ROBERT ~ ~ ~ Total paid: ~ 2.00 ~~ ~ ~ f ~ ~ **"`*TT-IISISNOTABIL,L**** CENTR.AL~FLORIDA EQUIPIvtEIv"T RENT... ~ ~ ' ~ ~.. , t '~ ~ Note: Any changes in name, address, 9030 NW 97 TE ~ ~: suite, ownership, etc. will require MEDLEY FL 33178 . ~ . , ' , ~ anew application within 15 days. ' ~ . ~ ~ ~ ~ Class: CONTRACTOR,FIRE PROTECTION S IRss ue date~ll 28%0700083'796 CITY OF BOCA. BATON 201 WEST PALMETl'O.PARK ROAD BOCA BATON, FLA., 33432-3795 ~. REGISTRATION CERTIFICATION .Registration paid: 2.00 ,~ . •EXPIRES: 11/30(08::: ~:',.:' ~..: ~ ." ~' CENTRAL FLO RIDA EQ UIPMENT RENT .. BAER, ROBERTA. .' ~ . ~ ' ~ ~ ~ Total paid: ~ 2.00 • . '~ • ~, ****THISISNOTABII,L**** CENTRAL FLORIDAEQUIPMENTRENT '~ ~ ~ ~~ Note: Any changesinname, address, 9030 NW 97 TE ~ ~ ~ suite, ownership, etc. will require MEDLEY FL 33178 ~ ~ ~ ~ ~ ~ ~ anew application within 15 days. Class: CONTRACTOR,UNDERGROUND UTTLI Registration #: 08 00083795 Issue date: l l/28/07 CITY OF BOCA BATON 201 WEST PALMETTO PARK ROAD BOCA BATON; FLA. 33432-3795 ~ ' REGISTRATION CERTIFICATION Registration paid: 2.00 .EXPIRES: 11/30/08. . CENTRAL FLORIDA EQ UIPI\4ENT RENT BAER, ROBERTA. ~ Total paid: 2,00 CF\i `TR.AL FLORIDA EQUIPMEN'T' R E,NI' 90:x0 NW 97 TE MEDLEY FL 33178 . ****THIS IS NOTA BILL**** Note: A*~y changes in name, address, suite, ownership, etc. will require a new application ~-~zthin 1S days. Class: CONTTZACTOR,PAVING V' .1/11 . V1. 1LdAIL? PALM BEACH • COUNTY LOCAL BUSINESS TAX RECEIPT EXPIRES' SEPTEMBER 30 - 2009, CENTRAL. FLORIDA-EQUIP'MENT:. RENTAL OF DADS•„Ctt INC' • BAER RQ.BERT.' A.;..:4:....... • LOCATED AC. ”. .'.:.. ''.. 9'030 .NW. 97TH MIAMI FI. 33178-1429. This'receipt'is hereby -valid for the -above address for the period beginning on the first day of October' and ending on the thirtieth:%'`.4:•_ • • day of September: to Engage in the business; profession or • occupation of.', ' ..- -•: ::PAVING :CONTRACT.OR'':: 121. ANNE M., GANNON AX COL LECTOR, PALM BEA;C} COt1NT :•„1,, CW -008 CLASS rF[CAT!ON C/WIDE .`:THIS iS.N[iT-A 4BiLLr •- Del NOT PAID,..PHC..TAX COLLECTOR ='.185 .'85 ,.BT•R; '0,49 ..01533291 •: 08-/08/2008 HIS; OCIIMENT'IS:VAL•ID •ONLY WHEN RECEIPTED.•- BY:.TAX COLLECTOR STATA OF:!`LORtDA'..;'' PALMI BEACH COUNTY.. 4 .).3.00,g#., = 'A? 'R CEIP.T 009 .:CENTRAL`FLORIDA EQUIPMEN •'.RENTAL .OF DADE• CO` INC.: :BAER ROBERT._ A • 7.50. ,: This re.ceip is hereby valid for the above address for the period .. beginning orf the, first day of,October and ending on the thirtieth day of September to eiigage In the business, professton'or.'t:r-• ; :occupation Of; :'.....: .. , . • :. , . • •a V!,ib tONTRACTOR PAID .' PBC••TAX.• ODi,LECTCR 27;50''13TR: 049 ..01533290 •: ANNE M.'GANNOI�I ”. ;.: • TAX :COLLECTCR''PALM't3EACR COUi�ITY t ,OCUMENT IS VALID. ONLY 1fi( ENR CE1PTED' t3Y-TAx :COLLECTOR- ~~~. STATE OF FLORIDA `~ '~~ ~-` DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION F CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487-1395 ~' 1.940 NORTH MONROE STREET ~~~°`"'~ TALLAHASSEE FL 32399-0783 THERMES, MARCUS CHARLES CENTRAL FLORIDA EQUIPMENT-RENTALS INC 16780 SW 282ND ST HOMESTEAD FL 33030-2053 i STATE OF FLORIDA AC# 2 9 y 9 61 u DEPARTMENT OF BUSINESS ANll PROFESSIONAL REGULATION CUCI224298 . '~~'`1}0%26/.0.6 050780312 CERT UNDERGRODND_~ &. FSXCAV CNTR THERMES,:MARCIIS:;CHARLES'. CENTRAL FLORIDA~~EQUIPMENT RENTALS IS CERTIFIED under the~proviaions of Ch.4 89 aS. ixpiratiea date: AUG 31, 2008 L06102 6 0 0172 DETACH HERE Ac# 2 919 61. ~ STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L06102600172 LICENSE NB y/z6/2006 050780312.ICUC1224298 The UNDERGROUND UTILITY~& EXCA` Named below IS CERTIFIED ~' Under the provisions of Chapter Expiration date: AUG 31, 2008; . . _ 'a` Y~ THERMES MARCUS•CHARLES CENTRAL:.FLORIDA~EQUIPMENT RENTA 9030 NW-•97TH TERR MEDLEY ~ FL 33178 JEB BUSH GOVERNOR ,. - - p:J~ ~~ 'ION.%CO'~ =-T°: ,, .... ~?~3':::: C. ~~-.:' `ter.-: ~ y;'~~.5'% = . ~ :_;i t. -DISPLAY AS REQUIRED BY LAW SIMONE MARST ILLER SECRETARY -_ - - ._._._ ...P,4l.M B~ACt~. C~D~i~TY_ CANT C~FiTi~lCiA7'E ®F~ +~OiUIRE~' EXPIRES SEPTEIVIEER 30, 20 : Q AUDIT ~ ~ c- CERTIF7CA ~~ CONTROL ,: NUMBER "li, ~?~jd fF~ ~ :~. ~. Il. ~il1U1 :I ,. ~LF~., ~~'L. ~~ i3ACT'C3~S ~_~ '`'~~' ENVY . ~ '~ ! ~CERTIFIED~: 'CQNTRQCTOR Ci ~ _ ~- ,.z TE NUMBER `~, .+~ ~ ~` [~.,. .:~ ? trail Y_= 1 • 1 ~ 'r ~`~~-''~-~~~5 , °~ SIGNATURE 4 ~LLL...=_d.II .~ ATTEST, y+- `' :I _ t. s ~ (1 '. Y ~ y ~ ,r aJ fT L.'lj~rli'j.,~~7., . ~ V ~•n°'ra .. ~Y ~ i Y L ~.JF 1f.r#7 gf C..'~~~.f"'~' '~ STRUCTIO~NDUSTAY LICENSING BOARD '- OF PALM BEACH COUNTY _ MIAMI-DADE FIRE RESCUE DEPARTMENT FIRE PREVENTION DIVISION 9300 NW 41ST STREET MIAMI, FLORIDA 33178 - PERMIT n~~ ~ ~ ~ ~...:. Below is the Annual Operating Permit isssued by the Miami-Dade Fire Rescue Department. - . ~, .. .. , Should you have any questions regarding this •-• - • °~ permit, please contact the Fire Prevention Division at (786) 331-4800. PERMIT #: 00127 00000 00834 CENTRAL FLORIDA 9030 NW 97 TER MEDLEY, FL 33178 (Please cut along dotted line and post permit in your place of business) _. .saa CENTRAL FLOR11rA EQJiP1vIE?1T~RF:?il'AL, tiyC 403C 1~!'1`~ 97TH TERi'.ACE 7v't;`DLEi', FL. 33173 P; i01`1E;305-888-3."x44 FA~:305-888-9305 General Asphalt Co. Mr. Robert Lopez 4850 NW 72nd Ave. Miami, FI. 33166 Phone: 305-592-3480 Austin TuplerTrucking lnc. P~Ir. Glen Tupler 6570 SW 47th Court Davie, FI: 33314 Phone:954-583-0801 Bovis Construction Company Mr. Jim Cisz 80 sw 8th Street Suite~120 Miami, F.I. 33130 Phone - 305-37.3-:8006 Centex P.odgers Const. Co. Mr. Craig Eckert • 4101.1~W 3rd Court, Suite. 16 Plantation, FL 33317 954-581-1988 LIST OF CREDITORS / VENDORS ,.Miami Crushed Rock . Mr. Larry Cap • P.O. Box 650309 Iviiami Fi. 33265. • Phone: 305-593-2071 • • • Kelly Tractor'Company Mr. Ernie Thomas 8255 NW 58th St. Miami, Fi. 33166 Phone: 305-592-5360. LIST OF GENERAL CONTRACTORS Codina Construction Corp: Mr. Hector Rodriguez • ~ 2 Alhambra Plaza, P.H. 1 • Corai Gables, FI.33134 Phone - 305-520-2309 Dade Aviation consultants Gary Abernathy , 4200 NW 36th St. Bldg SA S-200 Miami, FL 33122 305-876-0744 Miller Construction CO. Mr. Chris Hauser 614 South Federal Highway Fort Lauderdale, FI.33301 954-764-6550 Broward County Commissioners Jirn Nicotra 115 S. Andrews Ave Room 321 Ft. Lauderdale, Fl. 33301 954-357-6233 Ferguson Underground Mr. Hank Carroll 7480 NW 48th St. • Miami, Fi. 33166-5519 Phone: 305-716-0086 • U.S. Precast Corp. Mr. Luis Vidal . 8351 NW 93rd St. Miami, FI. 33166 Phone: 305-885-8471 Turner Construction CO. Mr_ Steven Kern 2500 SW 3rd Ave Miami FI 33129 Phone-305-860-8600 C.G. Chase Construction Co~. Mr. Bill Southern 8491 NW 17th St. Suite 101 Miami, FI. 33126 305-597-8700 City of Miami -Public Works Dept John Jackson • 1'11 NW~1st Street • Miami, FL . 305-373-2142 LIST' OF ARCHITECTS: Bruno-Elias & Assoicates Civil Works, Inc. Craven Thompson Associates, inc_ Rudolpho Ibarra James Gran ~ Tim Hall 4217 Ponce de Leon Suite 200 •3195 Ponce de Leon Blvd., St. 200 ' 3563 NW 53 STREET Coral Gables, fl, 33146-1626 Coral Gables, FL33134 305-461-2053 ~ Ft. Lauderdale, FI 33309 305-448-5076 ~. ~ 954-739-6400 Calvin, Giordano ~ Assaciates Don Windham 1800 Eller Drive Port Everglades, 1=L 954-921 ~ 781 Hellmuth, Obata+Kassubaum, Inc. Mr. Hellmuth ' 3077 E.~ Commercial 81vd. Sty. 301 Ft.Lauderdale, FL 33308 854=938-8750 Leiter, Perez & Associates Mr. Perez 160 N.W. 176th 'Street, Suife 403 fvtiami, FL 33169 305-66.2-5133 ~IIELSON, ALTER & ASSOCIATES NIELSON&COMPAN N Y, 1 C. THERE 1S A DIFFERENCE... October 8, 2007 RE: CENTRAL FLORIDA EQUIPMENT RENTALS, INC. Dear To Whom It May Concern: Please be advised that we are the bonding agents for Central Florida Equipment Rentals, Inc. Travelers Casualty and Surety Company of America, a Connecticut corporation; currently bonds them. Travelers Casualty and Surety Company of America has an A.M. Best Rating of A~- XII, a United States Treasury listing of $308,948,000.00. We currently provide Bid, Performance and Payment Bonds for Central Florida Equipment Rentals, Inc. and they have a current single bonding capacity of $75,000,000, and an aggregate program of $175,000,000. We would be more than willing to provide the necessary Performance and Payment Bonds for this contractor; however, it must be understood that our ability to provide any surety credit is based upon normal and standard underwriting criteria at the time of their request. We would like to take this opportunity to extend our highest recommendation to you on behalf of Central Florida Equipment Rentals, Inc. Our expezience with them has always been extremely positive. Please do not hesitate to contact me if you should have any questions. V ry ul yours Charles J. I~Ti lson Attorney in Fact & Resident Agent Travelers Casualty and Surety Company of America PROVIDING BONDS FOR THE CONSTRUCTION INDUSTRY 8000 Ca OVERNORS SoUARE BLVD. SUITE 101 MIAMI LAKES FL 33016 DARE. 1800-557-2663 (BOND) PHONE: (305) 722-2663 (BOND) FAX: (305) 558-9650 WWVJ_NIELSONBONDS.COIJI ff POWER OF ATTORNEY • T RAV ELER$ J Farmington Casualty Company St. Paul Guazdian Insurance Company ' Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. T1avelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company ofAmerica St. Paul Fire and Marine Insurance Company United States Fidelit}' and Guaranty Company Attorney-]:n Fact No. 219156 Certificate No. ~ ~ ~ ~ ~;. U ~ ~j I{AIOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company and St. Psul Mercury Insurance Company are corporations duly organized under the lav,~s of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the Jaws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is n corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M, Alter, David R. Hoover, and Gicelle Pajon of the City of Miami Lakes ,Stag of Florida ,their true and lawful Attorney(s)-ia-Fact, each in their separate capacity if more than one is named above, to sign; execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies is their~usrness o~uaranteeing the fidelity of persons, guazanteeing the performance of contracts and executing or guaranteeing bonds and undertakngs required or pe i i~dlin an33++--~~t~ions o , oceedings allowed bylaw. ~ ~.7 ~ ~ ~~ ~. ~~ IN WITN PWi3EREOF, dre Cornpanie have caused this ins rrlentsto-be ~ioneh,.znd their~o~ seals to be hereto affixed, this 25th da of ~e tember 200s7 ~ ~ ~ • A.r Y ~15~~, ~p q• Farmington Casualty C m an r ~ ^+~'~~ 4 " P . y"" ~.,-~~ ~{ys . St. Paul Guazdian Insurance Company Fidelity and Guaranty"dns~urane • man ~~~ t~~,'.p P ~~ St Paul Mercury Insurance Company Fidelity and Guaranty ~nsuf rrce~ nderw tars, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Or GwSll,~~, ~~~T'~}tTY ` S~~Elr \pRE 1 ` ~ O TN ~ KS 9 J~p/• YM30 , J ITT A ~,H Y dro,4 y Ci •Ir" tiry~ G. J `I \ r.-... 4 r' Y ` N r. 4'n /'`" o ~' o ~ ~6 i • ~_ f ~ s / n ~ ~~Sf 'tA'O z ~~ ~ '~ 19r>' ~ wtoAVgWtD 1927 ~ : °! _ rro1, 9.a,%'o~`roe~r~:l^'2 ° ~ ''~` ~E Y - 'f 9S1 ~ ~ '"'f t £ r J r e` HARrfORD. ~' NAIR'FORq ~ < "~'~Mira 6`' _ A\,1 ~, ~ ~~ 7 '~~~ * ~ n o. ~` S E A L `o'J ' ~ . ; CONN. n ~ COrM. 1896 "~+L e: .at~; ' o~.{.S~E2t~.I:J~;~j/t'. ; ~ S j ~ N ~ oF~ RAMC\ 1'rtiyJ ~'h..~' `4 • F+, ~ / of State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 25th dsy of September 2007 before me personally appeazed George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaanty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., 5eaboazd Surety Company, St. Paul Fire and Mazine Insurance Company, St. Pau] Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United Slates Fidelity and Guarant}' Company, and that he, as such, beir;g authorized so to do, executed the foregoing instrument for the purposes theaein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Vi'itness \'Vhereof, I hereunto set my hand and official seal. L4Q ~ ~,~~ C My Commission expires the 3lldr day of June, 2011. A`Ul3L1G.~ 1vlarie C. Tetreault, Notazy Public `~`EC'~' 5844-5-07 Printed in U.S.A. ' ~,.,~,~ WARNING: THIS POWER OF ATrORNcY IS INVALID WITHOUT THE RED BORDER " •""•r'•••°`+•~••~••~+• ~+. ,v, uvt_, wnr vnuv vvn nvvl Ir1C htCU tlVllUtfl This Power of Attorney is granted under and by the authotty of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fite and Mazine Insurance Company, St. Paul Guardian Insurance Company, St. Pau] Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, chat the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vicc President, any Second Vice Presidene, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act fo;and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature o~ a bond, recognizance, or Conditional undertaking, and any' of said officers or the Board of I?u~ectors at anytime may remove any such appointee and revoke the power given him or her; and it is •t FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President nr any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is - FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon [he Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President,'lhe Treasurer, any Assistant Treasurer, the Corporate Secretazy or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power presaibed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of.authoriry; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Sec;etary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes onl}~ of executing and attesting• bonds and undertakings and other writings obligatory in the nature thereof, and any such pox~er of attorney or certificate bearing such facsiarile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurancg Company St. Paul Guardian Insurance Company, SG Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surat ~ >-o~n' pan~.mericg,-aynd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power~uom~e ed~by;sq~i~~rrompanies, which is in full force and effect and has not bran revoked. ti~~•• ~-~-' ~~ • ~ `~ Il\ TES•TIMONY WHEREOF, I have hw•eunto set my hand a~~d'~$£ff~~',xed~~ {~ of said~~panies this 8th day of OC tOb er 40 ~~ .~*~: - ~. ~-~-~ . . Kori M. Johans Assistant Secretary 2 OASOU.~~. „~ `~crY ~:RI a ~nN :k o O~'1jL ~,. 4a * ~` J~ ~~..,... ,.tG~ l~Y lMS4 1r.{h ~ $ ~ ~ rt tii Tj6 ar ,.••, ~T^ a•:• • 9 /~P ....... AT a`v~~ ° ~ WOr ~G,{tY ~ 1 9 a 2 O rt CdiPDTAtfO (~ z1 Z afEeRr°~~i~. fay: ~RroR~ ~~ ~r ~ ~ 4~" ~C _ ~~ y 1977 ~ ~ ~ ~, 7 ~ : t is _._ • n: ~ HARTPoHD. 7 •~ sy_'~~ ~,~ ~ 195 ' * ~- a~ ~ SEgL;a :.'a°'SEAL,-~i' :` corrN. ° ry ~ ~ ~, t~ ~'roY ~ 'hOFrh~~ ~ ''~s~vcs•° ~>'' _ ~Lt•~ - :4. _ . a~ : e° 4\ // e ~ Jam.:: %.i ~i~: r~ ~< `.,a~ fat `: ro~a~ °d~q~ A~ _.t~ To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us 'al www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. l > ~ .~ ~~ ~ ,.~ :. ,r. :~ ~~ r~ Y~ ' ~ ~ ~ t • ~~ .. .~~ ~ . ~~ ~ ~ ~ ~ ~' ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~~ .: ~ ~ -. ~ ~ ~' ~ ~ ~ ~ ~ ~5~ ~ ~ N ~ ~ ~ .~ ~. ~ . ~~ ~°- .~ ~`ent~c~~ .~'i'orit~r~ .~Lt~~tipr~era~ I~e~trxls Yt~~.~ EARTHWORtC AND ENGINEERING CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS STATEMENT OF POLICIES AND PROCEDURES FOR AWARDING . - ~ SUBCONTRACTS ' - • FAIR SUBCONTRACTING PRACTICES - ' - It is the policy of Central Florida Equipment that we: A.) Notify the broadest number of local subcontractors of any opportunity to. be ~ ' awarded a subcontract ~ ~ ~ ~ ~ , B) Invite Local subcontractors (including CSBE's and minority subcontractors) to submit bids iri a practical, expedient way~~ .~ ~ ~ . C) Provide local subcontractors access to information necessary to prepare and -- formulate a subcontraeting~bid D) AIIow,local subcontractors .to meet with appropriate personnel of Central Florida ~Bquiprnent to discuss Central Florida~Equipment's-requirements E) Award subcontracts based on fiill and complete consideration of all submitted proposals and in accordance with Central Florida Equipment's stated objectives r `~ ' . ~~ .., . . ' /O ~ i~ . ' R.obCrt Baer, V.P., . ~:~, . Central Florida Equipment t . • '. ' ~ ~,""'~. FI L I r ~'• ,,,r. 9030 t~1,W, 97 Ter-.aca !.dedicy, Florida 33S?3 • Tci~phone: (305) 88&-334 • Fax: (305j E87-7804 MfAM4DAD e CarEas Alvarez, h~tayar April 30, 2008 Maria Valentin CENTRAL FLORIDA EQUIPMENT RENTALS, INC. 9030 NW 97th Ter Medley, FL 33178 ~ ' RE: Affirmative Action,Plan (No. 2002-0444) Dear Ms. Valentin: Capita! Improvements 117 NW 1st Street • Suite 2130 Miami, Florida 33728-1926 T 305-375-2724 F 305-372-6130 miarnidade.gov t . ! a i~ ~Y% r . ~- :.t~ ~:. L,1 ~~~ ~ _ j i i ~, ,,(( ~ i ~LlYliy~ i(,)~i~1F I Your Affirmative Action Plan for 2008 - 2009 has been approved. Your AP.P approval is effective until April 30, 2009. Enclosed is your Affirmative Action Declaration of Policy Certificate for display in a conspicuous location within your facility. . Miami-Dade County Ordinance 98-30 requires the submission of a current Affirmative Action Plan on an annual basis. Your renewal application should be submitted to the Office of Capital Improvements thirty (30) days prior to your Plan's expiration date. The processing time for the review and approval 'of an AAP file is approximately ten (10) business days provided that all of fhe necessary information has been received. In the event of a change in the firm's name, address, telephone number or dissolution of the firm, please notify this Department so we can update our records. If you have any questions, please contact the Affirmative Actiori Unit at (305)375-1100. Sincerely, Luisa Millan Donovan, R.A., Chief Professional Services Division/Office~of Capital Improvements FJ.PRDU70 u2008D3D7 :.y-"~' -.~;;. - •.r.?;~a. -^~:'%¢;) '~~ri.,-::Ot ~yz_,.:N;?ai :'{'c`,'rt~•:r,`;:'iT•: ;•.^a:~;~'y 7^'.''t;'<'••:a': `~:~ ..r`.:. .~{:; .,7 :- ~r ~•~ ~'.l . '•! ~.C~... • .• ., . . ~1M` N . ~. ~ , :.. ~ ~~ ~~ 9030~~.~NV~/'~97th~~:Ter ~.:.. . :Medley; F~L 331.78 • Phone: 305-888-3344 Fax: 305-887-7804• - :.;::. In accordance with the requirements of Miami-Dade County. Ordinance 82-37 grid/or Ordinance 98-30 and Resolution No~. 1049-93, CENTRAL FLORIDA ~~ EQUIPMENT RENTALS, INC. affirms its commitment to equal employment opportunity and has submitted an Affirmative Action Plan for the purpose of maintaining that promise with particular emphasis on the minority workforce population and the utilization of minority professional firms, consultants and/or suppliers. . `~. Maria Valentin ~"" ate ~~~~~,~~ :Affirmative Action.Officer .~~ ~ C.. ' .r. ;,f --. .~ `" 4/30/2008 ;.~~`:.7°~xt.,~,,~ %, ~K,d..~.•+i.~'i ;~ . t;'' ~.~~~ Luisa tvlillan Donovan, R.A., Chief Date ~ ~ ~ Professional Services Division/Office of Capital Improvements . a+pR005C! vZ008C307 . =~3...~ ~. Florida Be~artn2ent o f 'Transportation CHARLIE CRIST. GO`~ERNOR 605 Suwannee Street Tallahassee, FL 32399-0450 STEPHANIE C. KOPEI:,OUSOS SECRETARY April 4, 2008 Mr. Robert Baer Central Florida Equipment Rental of Dade County, Inc. 9030 NW 97th Terrace Medley, Florida 33178 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. Baer: r,= D ls~ L~ LI ~ ~~.~.( ~,~ ~~~ ~ ~ ~~~~ ~U1t CEh'?IiAL FtUR1GH tUU1PftF(~~?~ /~EIJ?ALS The Disadvantaged Business Enterprise Affirmative Action Plan submitted by: Centro{ Florida Equipment Rental of Dade County, Inc. has been approved for a period~of three years. Please update and submit a new plan before the expiration date shown. below. ~ if you do not plan to work on any. Florida Department of Transportation projects, it will not be necessary for you to submit a new plan. If you need any additional information, please contact me at (850) 414-4750. Sincerely, ~1 ~ J. Q,~~~ - ~~~~~ C~a'rol Greene Administrative Assistant Equal Opportunity Office /clg AFFIRMATIVE ACTION PLAN EXPIRATION: April 4, 2011 \nnnnn~. d ot. State • ff . U S C! REi.Yi~ED PAPER ~--__. ~`entral .Florida .Equipment Rentals one. ' EARTHWORK AND ENGINEERING CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS Revised 4/03/08 DBE AFFIRMATIVE ACTION PLAN POLICY STATEMENT It is the policy of Central Florida Equipment Rental of Dade County, Inc. that disadvantaged businesses, as defaned by 49 CFR Part 26, Subpart D and implement under Rule Chapter 14-78, F.A.C., Shall have the opportunity to participate as subcontractors and suppliers on all contracts awarded by the Florida Department of Transportation. The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between the Florida Department'of Transportation and Central Florida Equipment Rental of Dade County, Inc. Subcontractors and/or suppliers to Central Florida.Equipment l~entai of Dade County, Inc. will also be bound liy the requirements of Rule Chapter 14-78 F.A.C. Central Florida Equipment Rental of Dade County, inc., and its'subcontractors shall .take alI necessary and reasonable steps in accordance with Chapter 14-78, F:A.C., to ensure that disadvantaged businesses have the opportunity to compete and perform work contracted with the Florida Department of Transportation. ~ ~ ' Central Florida Equipment Rental of Dade County, Inc., and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex, or age in the administration of contracts with the Department of Transportation. Central Florida Equipment Renta! of Dade County, Inc., has designated and appointed a Liaison Officer to develop, maintain, and monitor the DBE Affuznative Acticn Plan implementation. The Liaison Officer will be responsible for disseminating this policy statement throughout Central FIorida Equipment Rental of Dade County, Inc. and to disadvantaged controlled businesses. The statement is• posted on notice boards of ttie.Corripany. !~'_ORIDA DEP MEN7.OF T , TATION EQ OP R U I , v .APPROVED: r DISAPPROV D: - ~ATE: Date I ~ t~`~ R bert Baer, Vice President Central Florida Equipment Rental of Dade County, Inc. 9030 NW 97`h Terrace 1Vledle}~, FL 33178 .~Ki.~, F ,~ 9030 N.\N. 97 Terrace Medley, FIorida 33178 • Telephone: (305) &88-3344 • Fax: (305) BB7-7804 Central Florida Equipment Rental's Inc. I. DESIGNATION OF LIAISON OFFICER Central Florida EquipmentRental of Dade County, Inc, will aggressively recruit • disadvantage businesses as subcontractors and suppliers for all contracts with the Florida Department of Transportation. The company has appointed a Liaison Officer to develop and maintain this Affirmative Action P]an in accordance with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing, maintaining, and monitoring the Company's utilization of disadvantage Subcontractors in addition to the following specific duties: 1. The Liaison Officer shall aggressively solicit bids from disadvantage business subcontractors for all Department of Transportation contracts; 2. The Liaison Officer will submit all records, reports, and documents required by the Florida Department of Transportation, and shall maintain such records for a period of not less than three years, or as directed by any specific contractual requirements of the Florida Department • of Transportation. The following individual has been designated Liaison Officer with responsibility for implementing the Company's a~nnative action program in accordance with the requirements of the Florida Department of Transportation. Robert Baer Central Florida Equipment Rental of Dade County, Inc: 9030.NW 97`s Terrace; Medley, FI, 33178 (305) 888-3344 FEW#.591782227 II. AFFLRMATIVE ACTION METHODS In order to formulate a realistic Affirmative Action Plan, Central Florida Equipment Rental of Dade County, Inc. has identified the following known barriers to participation by disadvantage subcontractors, before describing its proposed affirmative action methods: 1. Lack of qualified disadvantage subcontractors in our specific geographical areas of `work; 2. Lack of certified disadvantage subcontractors who seek to peiform Florida Department of Transportation Work; 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Deparment of Transportation plans and specifications to prepare a responsible bid. In view of the.barriers to disadvantage businesses stated above, it shall be the policy of Central FIorida Equipment Rental of Dade County, Inc. to provide opportunity by utilizing•the following affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation Central Florida Equipment Rental of Dade Couni3~, Inc. will: _. _ __ j Central Florida Equipment Rentals Inc. ~' 1. Provide written notice all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the company; ' 2. Advertise in minority focused media concerning subcontract,opportunities with the Company; ~ ~ . 3. Select portions of th'e work to be performed by DBEs in order to increase the likelihood of meeting contract goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation); 4. Provide adequate information about plans, specifications, and requirements of the contract, not rejecting subcontractors without sound reasons based on a thorough investigation of their capabilities; 5. Waive requirements of performance bonds where it is practical to do so; _ b. Attend pre-bid meefings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the Company; 7. Follow up on initial of interest to D•BE subcontractors to determine with certainty whether the DBE company is interested in the subcontract opportunity. Central Florida Equipment Rental of Dade County, Inc. understands that this list of affirmative action methods is not exhaustive and will include additional approaches after having established familiarity with the disadvantaged subcontracting community andlor determined the stated approaches to be ineffective. III. IMPLEMENTATION On contracts with specific DBE goals, Central Florida Equipment Rental of Dade County, Inc will make every effort to meet contract goals as stated by utilizing its affirmative action methods. •On projects with no specific goals, the company will, as an expression of good faith, seek to utilize DBE subcontractors where work is to be subcontracted. ' N. REPORTING Central Florida Equipment Rental of Dade County, Inc., shall keep and maintain such records as are necessary fo determine the Company's compliance with its DBE Affirmative Action Plan. The company will design its record keeping system to indicate: 1) The number of DBE subcontractors and suppliers used by the company, identifying the items of work, materials and services provided; ~ ~ ~ . 2} The efforts and progress being made in~obtaining DBE subcontractors through local and community Sources; Central Florida Equipment 12entals Inc. 3) Documentation of all contracts, to include correspondence, telephone calls, newspaper advertisements, etc.,~to obtain DBE participation on all Florida Department of Transportation projects; 4) ~ The Company shalt cornply with Florida Department of Transportation's requirements regarding payments to subcontractors including DBE's for each month (estimate period) in which the companies have worked. IV. DBE DIRECTORY Central Florida Equipment Rental of Dade County, Inc. will utilize the DBE Directory '. published by the Florida Department of Transportation. The company will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, to potential DBE coniTactors and assist in their completion. Central .Florida .&quipment Rentals Inc. DBE AFFIRMATIVE ACTION PLAN NARRATIVE OF PROGRAMItxATIC ACTIVITIES AND/OR GOALS Recruitxn en t/Advertising All employment advertising currently include a statement of Equal Employment opportunity in accordance with Miami Dade County Resolution 1049-93, Ordinance 82-37 and Ordinance No. 98-30. Specific Affirmative Action in the areas of. recruitment and hiring ~in terms . of the employment of minority individuals and minority businesses will be taken to insure equal employment opportunity and shall include but not limited to the following: a. When openings aze available, CFER will advertise in minority published news papers, using the term "Miami Dade County Equal Employment Opportunity / Affirmative Action Employer. ~ ~ . b. Efforts are currently being made to advertise at colleges, vocational institutions and universities to include minority candidates in the interviewing & hiring process. c. At CFER we consider minority applicants for vacancies in all job classifications in conjunction with our Affirmative Action Plan and Equal Employment Opportunities . Policy, including advancement and promotions from within on the basis of individuals qualifications, potential and job perfozmance. d.. ~ CFER currently seeks to increase the flow of minority resources, including the Miami Dade and City of Miami Job Training Programs, Urban League of Greater Miami, and any other governmental programs with placement opportunities. Such companies referred above are notified in writing or via fax of our intent to hire minority applicants ~ as needed, and a copy of our Affirmative Action Plan and Equal Employment Opportunities Policyis provided to therm. e. CFER's Affirmative Action Plan and Equal Employment Opportunities Policy is displayed in waiting areas and other azeas where applicants seek and await employment interviews. 2. Hiring Procedures At CFER all positions ut~ll be filled without regard to race, color, religion, sex, or national origin. Testing is currently the same for everyone and limited to specific job skills required. Qualified minority applicants are currently given every consideration possible during the process. Central Florida Equipment Rentals Inc. 3. Pramofaon Procedures CFER will review objectively all qualifications of all candidates -including minorities from promotion within. Promotion will be based on factors such as job skills, performance, aptitude, potential, seniority, etc. - 4. Training Procedures All training and development programs within the company will be reviewed periodically and made available to all employees including minorities. Employees are currently trained under full working conditions under the supervision of a management employee. 5. Publicity (Internal and External Development of new procedures, policies, and other administrative internal publications will include an Affirmative Action Statement. In the development 'of company brochures and direct mail flyers, and all external publicity material, an Affirmative Action Statement will be included with the printed material. Also, printed materials for company use, such as purchase orders and contracts, will include an Affirmative Action Statement. Central ~7orida ~Equipmen~ Rentars Inc. DBE AFFIRMATIVE ACTION PI.~AN G. GRIEVANCE PROCEDURE It is the policy of Central Florida Equipment Rentals, Inc. to provide anon-discriminating procedure for. every employee to express a compliant or personnel concern about his or her employment or benefits that aze administered and implemented by the company. In the event of such an occurrence, the following is suggested for resolution: 1. Employees are encouraged to report any grievance to the immediate supervisor. . 2. If the result of (1) above is not satisfactory to the employee, his or her supervisor ~ will schedule a meeting with him or hex before the Affirmative Action Program Officer, who :will listen and zespond to each complaint in a fair, and non-discrirr~inatory manner.. . 3. Should the above verbal processes not suffice, the Affrniative Action Officer vrill assist the grieved employee, to direct a letter to the company's Chief Executive Officer, asking for consideration of his or grievance. Any such letters v~i.ll be answered in a timely manner in witting to the employee. Should all above fail, the Chief Executive Officer will schedule a personal meeting with the employee and make every effort to understand and resolve his or her problems in a fair and equitable manner. . fate ~Y _o~iaa _ I •certify__from,. tl~e .te~Qr~~,,.o}..thi~offi.c.e. that.~CEI~TH,L~L~FL~O.,R1D.Qa..E~.~1L11F.It4.EAlT _._.... ,._ ,.,,. .. w.. •. •.y.:r .~..••.CL:etiF,:ct~d •7i,•i."h;.. ,;.~.;e:~':~•.: F. f•' ,n ~.e ;.'a:•..~•''. 3•.'~a:.:... ~.,. • ~••RENTALS'INC:;~'is~a`corporation;o:rganized.und'er°the`••laws•o~he'State•~bf~•Floricfa,~~ ~~~ ~~ filed on November-4, 197'7. ~ ~• • ~ . ~ • . . 'The document number of this corpbXation is 550783,. '~ ')further certify.-that said •corp~oratioi~~ -has paid -all fees. ~du~c-this off. ice. througE, ' December 31, 2003, -that its most recent annual ~report/.uniformbusiness. report was fi~leci .on March,-21;•.2003,'and its status is active.. • ~ ~ ... • I further.certify that:saici:corporatiori has:not•filed,Articles of Dissolution.-:.-. ' • ~ Given under my hand and the Great Seal of the State of Florida ' at Tallahassee, the Capitol, this the . Second day of March, 2004 ~~ . ~Y.er;~rz ~~t~GG II~x ~E~^iPfr'I2'~ IIipyf>..CF.E ~~.~ • ~e~znrtmpnt of •~#ntr cRZeoz2 iz-cai Central Florida .~q~ipment rentals inc. EARTHWORK AND ENGINEERING CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS March 5, 2008 To Whom Tt May Concern: Subject: Authorized Corporate Representatives In accordance wiih a resolution adopted by the Board of Directors of Central Florida Equipment Rentals Tnc. (CFER) the President, Secretary/Treasurer and Vice Presidents (identified specifically below) are the dole individuals authorized to act'as CFER's authorized representatives to sign•contracts, Performance Bonds and Payment Bonds on behalf of the company. The persons currently employed in such capacity are identified below: ..~- es~ Baer, President Robert Baer, VP Carol C. Baer, Secretary/Treasurer Acknowledged before me this day of !/~ ~ 20 ~J h .,~a ~,~ t _.,-~ 1~'otarr Publi~~ ~ `a~~t111i4iP(fftl~r, \~~ ` p,HBflRA 1; ~~~f~` .<.. 9i :: ~'~NIMISS~~ • GF. i ~ ~ ;ily pail) ~ ~~'. ~9 'ro /! ~ 19~~ p~Efgs ; X- 4`,~1{.C 1~~` `G `~ r~ ~~IIMA~• 9030 N.W. 97 Terrace • Medley, Florida 33178 • Telephone: (305) 688-3344 • Fax: (305) 887-7804 ACORDrM CERTlF1CATE OF LIABILITY 1NSURANCE.Fage 1 of 2 03/31/2008 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE • Willie North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY T'HE POLICIES BELOW. P. O. Box 305191 . xashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC# INSURED Central Florida Equipment Rentals, Inc. INSURERA:Wausau Buainesa Insurance Com an 26069-091 9030 2741 97th Terrace ~ ' M dl FL 33178 INSURER B: National Union-Fire Insurance Com an of 19495-005 ey, e INSURER C: Fireman's Pund McGee Marin e Underwriters 21873-093 • INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OFINSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICY EXPIRATION DATE MMIDO/W LIMITS ~+, GENERAL LIABILITY TBKZ914489~5038 4/1/2008 4/1/20D9 EACH OCCURRENCE 3 1 000 000 X COMMERCIAL GENERALUABILITY ~ DAMAGET RENTED PR MISES a rents S 100 000 ~ CLAIMS MADE ~ OCCUR MED EXP (Any one person S 5 0 0 0 ~PERSONALBAOVINJURY S 1 000 000 .~ GENERAL AGGREGATE S 2 0 0 0 0 0 0 GEN'LAGGREGATELIM RAPPLIESPER: PRODUCTS-COMPfOPAGG S 2 000 000 Op POLICY PEt:T LOC p, AU TOMOBILE LIABILITY ASKZ91448935028 4/1/2006 4/1/2009 COMBINED SINGLEUMIT ' ][ ANYALfTO ' (Ea aaident) _ S 1, 0 0 0, 0 0 0 ALLOWNEDAUTOS - BOOILYINJURY SCHEOULEDAUTOS (Per person) S HIREDiAUTOS BODILY INJURY NON-OWNED AUTOS ~ (PefaaideM) $ • ~ ~ PROPERTYOAMAGE ~ P $ ( er a ceidenl) GARAGE LIABILITY AUTOONLY-EA ACCIDENT S ANYAUTO 'EA ACC OTHERTHAN $ ' AUTO ONLY: AGG S $ EXCESS/UMBRELLA UABIUTY BE6564629 4/1/2 D08 4/1/2009 EACH OCCURRENCE $ 10 OOD D00 X OCCUR ~ CLAIMS MADE aGGREGATE $ 10 0 0 0 0 0 0 $ DEDUCTIBLE ~ $ X RETENTION S 10 0 0 ~ $ A• WORKERS COMPENSATIONAND EMPLOYERS' LIABI ITY wCJZ91448935016 4/1/2008 4/1/2D09 X TORYLIMITS OTRH- ' L ANY PROPRIETOR/PARTNER/EXECUTNE E.L. EACH ACCIDENT S 1 0 0 0 0 0 0 OFFICER/MEMBER EXCLUDED? If E.L. DISEASE - EA EMPLOYEE $ 1 0 0 0 0 0 yes, tlescrlDa under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LlMlT S 0 0 0 0 0 C OTHER MXI97507625 4 1 2008 4 1 2009 Contractors Equipment $9,850,132 Limit Leased/Rented Equip $ 50,000 per item Deductibles S 000 2$ wind ail 00 000 max DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS NAMED INSURED(S): Central Plorida Equip. Rentals of Dade Co. Central Florida Equipment Rentals of Dade County, Inc. ctRrIFICATEHOLDER ccNCFI l nTInN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES dE CANCELL°_D BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VJILL ENDEAVOR TO Mgll 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAIdEO TO THE LEFT, BUT FAILURE TO DO SO SHALL ?roof of Ir-surance Puroeses Only IMPOS£ NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Cf0 Central Florida Eeuip~eat Rentals, I*1C. P,'cPRESENTATIVES. 9030 h'w 97th Terrace AU RI2ED REPRESEhfTA I Miami, FL 33178 4_ v.~uKU25(2D0'1/08) Call•2306858 ?p1 :756913 Cert:1057i379 C'ACORDCOF2PORATION1986 Page 2 of 2 IMPORTANT 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. ..v~.v ~,G7 ~LUU UUG) 1.O11:L3 UO G°G 1'al: /~b~1d C2iL: 1U4-/1d/9 OttIID ~~~~ ~ . ~~Po~ w - . EARTHWORK & ENGINEERING CONTRACTORS A COMPLETE LINE OF E~2UIPMENT RENTALS 9030 N.W. 97tR Terrace, Medley, FL 33'f78 Tel: (305) 888-3344 Fax: (305) 888-9305 l[ Y aR~{~A~~~sQ~~E.~~A~~~~ 2007 ~ 0.91 2006. ~. ~~ ~ 1.15 2005 1 .20 2004 ~ 1.20 2003. 1 .1O 2002 ~ ~ 0.98 2001 1 .05 2000 ~ 0.9 1 1999 ~ 0.90 1998 ~ ~ 0.74 ~-Irt l`~I UAL L~ Q L,LAR ~AIKUE (~ O YEAR ~-~I ~ S'TC3 RYA 2006. $42, 657,384.00 2005 ~ . $36,398,544.00 2004 ~ $24,876,959.95 2003 ~ $28,594,277.00 2002 ~ ~ $23; 156, 1 65.00 2001. ~ $23;1 7 2,070.00 2000 $1 6,637,465.00 1999• $12,998,334.00 1998 $17,063,376.00 1 997 $1 5,727,859.00 ~~,~~a~;~~~~~ .. : . ~`. EARTHWORK & ENGINEERi.NG CONTRACTORS A COMPLETE LINE OF EQUIPMENT RENTALS 9030 N.W. 97th Terraca, Medley, FL 33178 Tel: (305) 888-3344 Fax: (305} 888-9305 VWORK FORCE BREAKDO1Nt~ BASED 0~1 RIACE . ALL CATEGORIES ~ . BLACK 33% CAUCASIAN 3'5% HISPANIC 32% TOTAL 100%~ . OPERATORS ~ . • LABORERS • BLACK 38% ~ BLACK 60% CAUCASIAN 36% CAUCASIAN •8%' ' HISPANIC 26% HISPANIC 32% TOTAL ~ 100% TOTAL 100% PIPELAYER ~ FOREMAN BLACK 45%. BLACK 27% CAUCASIAN 0% ~ CAUCASIANS 55% HISPANIC 55% ~ HISPANIC 18% _ ~~ ~ ~ TOTAL 100% , ~ TOTAL 100% ~ . . ~ MISCELLANEOUS' . .~ • . ~ OFFICE & SHOP PERSONNEL . BLACK 14% CAUCASIAN 40% HISPANIC 46% • 100% THANK YOU AND SHOULD 1'OU NEED ANYADDITIONAL INFORMATION PLEASE CONTACT MARIA VALENTIIJ AT (305) 888-3344 OPERATORS' LABORER ACK CAUCASI N ~ HISPANIC BLACK CAUCASIAN HISPANIC ANOP.EW L. FAISON ALVA W. BROOK ANTHONY CANDELARIO 1 ANTWAN Q. WIILIAMS WILLIAM MARTIN ALDERTO L. CRUZ CEDRIC B PHILLIPS BRIAN FERLANO ANTHONY PEREZ 2 CARLOS J. SMITH FRANKLIN H. KAUFFMAM ANTHONY ROBIES ICURTIS L. ROUNDTREE BURKE DANIELS CAP,IOS SERRANO 3 COREY R. LATHAN ERICK E. RAMOS EDWARD CHARLES SMITH CARL CUNDIFF EIIECERA BUSTAMANTE 4 CRICIUS PREVILION JOSE A. TORRES EUWANNA OANIELS QOUGLAS R. VAN-ZILE JUAN G. SIERRA 5 CURTIS E. BROOKER JOSE J. SANCHEZ FLOYD E. WYCHE IiERMON A. OGARRO GEORGE SAUNOERS JAMES WILLIAM SAWDY III JUAN 1. CASTRO JUAN M. HERNANDEZ 6 7 LARRY W. BURDEN LENROY PEARSON JUAN FELIPE MOSOUERp JUAN RAMIREZ CASTILlO LEE E. HOUSTON JOHN E. FERGUSON LEVY G. CABRERA B MARC MALVOISIN _ OSNIEL RODRIGUEZ ROBERT W. MCCOMB JOHN E. GOSSMAN MICHAEL MESA 9 PATRICIA 8. DONNELL ROBERTO VUGUE JOHNNY P. MILIEN REINAL00 CASTILLO 10 RAMDYA PIPKIN RONALD PREVAt KYLE R. VJIMGO SANTIAGO SAIASZAR 11 SIDNEY V. ROBERTS ROOSEVELT T. BURCH MICHAEL A. BI! LMYER SATURNINO POLON 12 TERRANCE MCCRAY °OY T. MERRITTE PAUL MARK•HORNE 13 TROY 8. SPAULDING TERRENCE 1. TYLER ROBERT J. CUTRER .14 WAYNE L. ROBERTS VIMGENTJ. MOTLEY SALVATORE FRANK NICO7RA 15 WILLIE C. WIILIAMSON WILLIAM SALMON. TOD W. LAROCHE 16 WISPID JOSEPH 17 ~°„ oon 17 i6 TOTAL: 45 L/ N 12 ous 97. 15 '2 TOTAL: 25 8 FOREMAN PIPELAYER ' A K IAN • Ht PA I K A N ~ p NI • CLIFTON SMITH DANIEL F. RALSTON ANSELMO CASTILLO 1 LAVESTER RAGIN ARMANDO TORRES GENE EDWARD HAYFORD GEIR KASA • HERIOES BUSTAM.aNTE JR. 2 LEE V. HARREIL HUMBERTO SERRANO LARRY D. MCDONAID GREGORY MOUNCE 3 IEWIS L JONES JOFtGE L. SERRANO JOHN VILLA 4 MARCO L. SOUVERIN JUAN A CASTILLO ' KIRBY D. REECE S PAULAIEXANOER JUAN CARLOS CRUZ ' STEVEN AOOURY ~ 6 ' RUOYS A, TREJO _ ~ i. 3• 6 TOTAL: i1 iod 2 na ~, 0 5 0 • TOTAL' 11 . 5~ 6 MI AN 8 CK CAUCASIAN HI PANI aLVINA A WILMOP.E ALLAN WEISBROT ADONAY PAREDES ~ 1 AMANDA M.'LEE BENNIE CHAMPION ALLAN MARTlNEZ 2 DONNY E. BRACEWELL CaROL FERIA LIEJANORO F. HEVIA 3 PHILIIP J. GOLDSMITH DAVID R SCHEINER BARBARA Y. RIVERA 4 SUSAN A CHEN' GEORGE L BREWSTER DAVID F. FERNANDEZ 5 7ASL1M RASOOL HARRY C. TUCKER EDDY W. CASTRO 6 ' JAMES T BAER EtlUAR00 GON:ALEZ-ABREAU 7 KIM DAV{D UMBAUGH ERNEST DUFFO'0 8 MARCUS C. THERMES GRETTER VICENTE 9 MaRTIN E. HOLMAN GUSTAVO GUZMAN 10 NATALIE M. FERIA JAIME O. BARRIENTOS 11 RAYMONDFISCHER MIELKE DANDER HERRERA 12 ' RICHARD BAER ~ JUAN C NAVARRO 13 RICHARD BRASWELI Ut7AR0 GATO 14 ROBERT BAER . LEONEL J. 2EPEDA 15 ROBERT BAER JR MARIA VALENTIN 16 SIANE BUTIERTUCKER RICAR00 MALDONADO 17 • RUBEN FIRPO 1B ' VIRGINIO E. ENRIOUFZ 19 6 17 TOTAL: ~ 42 »S•/. 19 A ATEGORI LACK CAUCASIAN HISPANI 46 41 q7 ~~'/. 31 R JSN. GFANO TOTAL 134 a N N 0 0 m w C 7 ~ .~+ C ~ w ~ z w ~ ~ 'p ~ ~ w 0 0 N ` ~ ~ co °~ '~• ~ .' °' ~° o O '~ ~ o` ~ Y to ~ °' o Z ~ p' °' ~; d cSO ~ -° coo ~ rn ~ ~ ~ ~ ~~ ~ .. . ~ w coo ~ ~? ~ a in H _~ ~ rn o ' ~ '~ C7 ~ 'l7 ~ ~ p ^ ?C• c ... 3 ~O O x w ~ y N ~ ~ 0 • . y ~ ^ ~ _ n A o w p' ..+ ~ 3 w ' 7 7 ? ~ ~ N O ~ ~ y a ~ p ~ ~ w • ~ • a ^ t n ~ ~ ~ C7 ~ co ~ ~ o `~ ~ ~ y ~ p, dt1 o. w w o ,.~ In ' o y y ~ a N 7S' O -, N G1. N m O 7 y n N a N Q C9 o dp O ~ '~' Q. o S 0 7 =° = 3 ~ ~~ ~ r h n ~, ~ _ • ~ ~ _. ~ w. ~ ~. r r ro ~• ~. ~ ~ " V ~ .. y t.. ~ ~ . a ~- a R° ~ ~ j d °. r" ~ C7 d r ~ ~ ~ ~ ~ n • ~ ~ ~ n . J 00 w 0 w 0 w 0 J 0o ~o v, w o J as w o w 0 J 00 w 0 w 0 w 0 v 00 w 0 w 0 w 0 rn v, v+ to rn a ~n rn ~ v, o, c., ~, ~., c~ v, cn v, ~n N N 01 In ~. }~ oo in oo In orn w tJ ~1 w ca o0 In N -P J Oo P O~ .r v, N oo ~ au ~ J ~•-~ W ~--~ J ~ ~ N ~p w ~n ou oo .A J J J N o+ •..• C\ oo .~ . 0o v, C~ O oo :r O~ lJ .-~ J o0 0o O O~ O ~--• V+ -ia ~ . O • -+ W N O~ J ? v~ O .~ w N. .-. J .A .- t~ O O ~ N .•- w J to J w ~1 A O tip O Oo J w W N ~ ~t w J ~ H w to ~O N O N w O~ ? ~p \O ...... V ~. ~ 69 b9 b9 6'9 69 69 69 65 H 69 b9 69 69 &9 69 b9 69 69 69 n ' G -•t .Y CJi re ,... C .... ` N N ~--~ ~ 1 .A ... _. ~. n ~ .-• .•.• A l~ w ~] V rn ? In O\ ~ O O~ b N N ~l o~ V a J In In N ~• ~- v oo N Q. N N co V 'w O 0o A Q\ J ~O O D\ ~--• O~ O N oo v+ A A co N N ~ A W ~] ~O O~ ~O O O A ~O O J~. ~ oo la ~] tJ J~ ~1 „~• ~ O A N O to w J 0 .~ 0o O O N ~n O W N 0 O 0 ~O 0 w ~O N O J -P rn Oo ou A to Oo ~..~ O as N ~ rt N O CO o 0 0 0 0 0 o N O 0 0 0 0 0 0 0 (,q J 0 0 0 0 0 0 0 0 0 ~l 0 0 0 0 0 0 0 0 69 69 69 64 bi 6! HJ 69 69 6'! 6! 6'9 b9 6! b9 69 e9 69 69 ~ A 0o N N .- v t~ . . a ' ~-. a ~n w rn rn w ':c in ~a o0 00 rn co :-. o n o O .A J .LZ O~ Oi J v •tn `O N O to A .~ A ~O O ~] O .-~ N W 00 O O ~ ao N O O~ 00 ao .-~ N O~ O O ~°•+ N cn ~1 ~•' 0 0 O~ O O ~O w 0 G1 ? O Oo O ~ m !••~ O w 0 0o O O O, O O O oo O O N O J O O~ rt 00 cn O 0 O 0 O 0 O 0 O 0 C 0 O 0 0 0 0 o N J ~7 0 0 0 0 0 0 .o 0 0 0 0 0 0 00 00 `g (•~ 0 0 0 0 0 0 0 0 0 0 0 0 .- 0 0 0 0 ~'? 00 w w 00 w `t w N w oo w .~ a u ~ w w u, w to w J w O w to w to :.., to w ~ w ;o o o \ 0 0 0 ` \ \ ` ` \ \ _ o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 oo ~D o0 00 0o a~ .p .p oo ~ ~ o0 0~ m. x o0 00 ou \° I o O O w ~ 0 c~ h+ cn O w ~ ;.n O -. O - J J i3 ~ ~,n x Z lJ~ O ~ JC v 1 ~ cr t ~ ~ r' ~ ~ ~ o c a o ~ o o e o t o c o~ o c n 0 .~ n a~ '~ 00 y N ~~ . t~V PROJECT EXPERIENCE • JOBS COMPLETED 9030 N.W. 97th Terrace, Medley, FL 33178 Tel: (305) 888-3344 Fax: (305) 888.9305 y r~x-' :~:"~ e~~s ;~~:~~";l_e. a :., b ~;;~~I~"'r,~;~:0~08 PROJECT NAME GENERAL CONTRACTOR: CONTRACT AMOUNT: OWNER OR ENGINEER: MIC Terminal Tumer Construction Co. 59,349,878.00 ' FDOT 1399 SW 1st Ave. 100D NW 111 Ave. Miami, FL 33130 Miami, FL 33172 C0559 - Asia N/A 3719,196-00' Swire Properties 501 Brickell Key Dr., Suite 600 • Miami, FL 33131 C0875 Gables Marquis Coscan Construction, LLC 3640,831.00 Gables Marquis, LLC • 5555 Anglers, Ave., Suite 1A 7284 W. Palmetto Park Rd., #108 - FLLauderdale, FL 33312 Boca Raton,'FL '33433 , coslfi ~ ' 1060 Brickell Turner Construction Co. 51,797,031.00 Imico Brickell, LLC 1399 SW lstkve. 225 Wesl 86 St. • Miami, FL 33130 New York, NY 70024 C6B3 Busway Central Florida Equipment Rentals 336,593,271.00 Pistorino and Alam 9D30 NW 97th Terr. 29500 5. DIXIE HWY Medley, FL 33178 - Homestead, FL 33030 , CD655 9D0 Biscayne (Paving/Coot) •Pavarini Constuclion Co, 3155,315i0D 900 Biscayne LLC 14751) NW 77th Ct. 1200 Brickell Ave., Suite 1840 Suite 220 Miami, FL 33131 • Miami Lakes, FL 33016 C0593 ' One Village Place Sikon Construction Corp. 31,035,664.00 Groves Properties Ltd 7000 West Palmetto Park Rd., #203 550 Bllimore Way, Suite 740 Boca Raton, FL 33433 ' . .• Coral Gables, FL 33134 . - C07D1 - Univ. Village Improv. N/A 3544,771.D0 University of Miami Facilite'is Planning 8 Const 1535 Le Vante Ave., #205 ' Coral Gables, FL 33124-282D C0720 SW 22 Terr. NIA $35,DDO.OD Gables Marquis, LLC ' 7264 W. Palmetto Pk Rd. ' - Suite 706 • - Boca Raton, FL 33433 C0721 ' Our Lady of Guadalupe Arrellano ConsUuction 31,035,073.00 Archdiocese of Miami ' 7051 SW 12 SL 9401 Biscayne Blvd. ' . ~ Miami, FL 33144 33138- C0722 . iP~'a: ec: sCom • • ete' ;;~ 1?;ea' ~':?D07 J~ _ .; ~ j PROJECT NAh4E GENERAL CONTRACTOR: CONTRACT AMOUNT: CWNER OR ENGINEER: ' US Courthouse Dick Corp. 33,602,937.OD Generzl Serv. Admin• 400 N. Miami Ave. 75 Spring Sl. Miami, FL 33128 Suite 200 Atlanta, GP, 30303 C0610 Pe'ormirg hits Cenrzr N/A i2,710.556.OD Performing Arts 73GQ Biscayne Blvd. • Miami, FL C0~42 ' ~ Fai:iiel; 2; Dzde:a.^.^ N!.°. 51,852,7000, Fair;teld at Dadeland 7350 SW d9 Sl., 1~ FIODr t~Aizmi, FL 33156 w~cu ~yvna~ uo~c:anu ~unici ~,unnu uuuvn vu. .o nuti,io~,v~ iyeua-r+ui Intl U2Ue7an0, LLI: ' 1399 SW 1st Ave. 1200 Brickell Ave. Ste ' B4C Miami, FL 33130 Miami, FL 33131 C0653 ' OBR KVC $735,045.00 OBR Limited, LP ' 9499 NE 2 Ave 4833 Collins Ave. Suite 205 Miarni Beach, FL 33140 Miami Shores, FL 33138 • C0667 305-777-0757 Charles Garage KVC $855,192.00 FRU Management Inc. - ~ 9499 N E 2 Ave 4333 Collins Ave. • Suite 205 Executive Office Miami Shores, FL 33138 Miami Beach, FL 33140 CC66B 305-777.0757 ' Alaqua Cond. DH Griffin Construction 5537,557.00 GDC Avenel Bay, LLC • 6434 North Wesl 5th Way 245 Saw Mill Rd, 2nd Floor .Fort Lauderdale, FL 33309 ~ Hawthorne, NY 10532 C0673 • Riverfront N/A $826,605.00 Neo Epoch 1, LTD 3375 SW 3 Ave. ' '~ Miami, FL 33145 C0679 tl Lugano Suffolk Construction Co., Inc $972,144.00 II Lugano, LLC • • 515 North Flager Dr, 5th Floor 3428 North Ocean Blvd. • Wesl Palm Beach,~FL 33401 Fort Lauderdale, FL •33308 C0685 ' SR-5 Central Forida Equipment Rentals $13,875,409.00 FOOT - Oistricl 6 9030 NW 97th Terr. 1000 N.W. 111 ih Avenue Med{ey, FL 33178 Miami, FL 33172 ' • 305-470.5367 C0666 • Peninsula II • Gryphon Construction 5961,416.46 Aventura Land Holding 22Q0 NE 143rd Si., Suite 200 321 E. Hillsboro Blvd. ' ' North Miami, FL 33181 Deeriield,'FL 33441 C0691 RREEF Distribution Center Butlers Construction $2,949,701.80 CLP Industrial PropeRies • ' 1096 East Newpot; Center, Ste 100 875 N. Michigan Ave., 4ist Floor Deefield Beach, FL 33442 Chicago, IL 60611 .C0696 Miami Dade Parks Central Florida Equipment Rentals $824,A02.70 ~ Miami Dade Parks 8 Recreation ' 9030 NW 97th Terr 11395SW 79 Sl. • Medley, FL 33178 Miami, FL 33173 CW03 • .163rd Street Wharf Fortune Development & Const $191,251.00 City of Sunny Isles 1707D Collins Ave. 18070 Collins Ave• Suite 250 Suite 250 ~ Sunny Isles Beach, FL 33160 Sunny Isles Beach, FL 33160 C0715 ORCA Fire Hydrants 2 Ocean Reef Club $ 7,at5.00 Ocean Reei Club ' 31 Ocean Orive Suite C300 31 Ocean Drive Suite C300 • Key Largo, FL 33037 Key Largo, FL 33037 305 367-5837 305 367-5837 C0718 • .. .. .. ~P .Q"~~.:~. e' ~cl yea. ~. PROJECT NAME GEraERAL CONTRAC70R: CONTRACT AMOUNT: OWNER'OR ENGINEER: POM Project 16 The Haskell Co 54,024,587.00 • Por Of Miami 920 North America Way 1007 N America Way, X301 • Wliami, FL 33132 Miami, FL 33132 • CO648 ' Miami, FL 33132 I Miami, FL 33130 0649 Project #17 The Haskell Co 5738,885.00' Port Or Miami ~ 920 NorthAmerica Wzy 1007 N P.merica Way, #301 • Miami, FL 33132 Miami, FL 33132 00657 POM Prcj #26 ' The Haskeil Co $85,732.00 Por, O1 Miami 920 North America Way 1007 N America Wzy, #301• Miami, FL 33132 Miami, FL 33132 ' 00662 POM Wharf 67 Belfour Beatty ConstnJCtion $4,361,022.91 Miami Dade County 6100 Blue Lagoon Dr-, Suite 180 1015 Ncrth America Way ' 'Miami, FL 33126 Miami, FL 33132 CO665 • Carrillon II Bevis Lend Lease 5247,565.00 Carillon South BO SW 6 SL, Suite 120 g00Arthvr Godfrey Rd:, Suite 200 Miami, FL' 33130 Miami Beach, FL 33140 • 00669 Opera Tower Beauchamp Construction Co, 5326,101.00 - Opera Towers, LLC 247 Ivtinorca Ave. 100 South Biscayne Blvd, Suite 1100 Coral Gables, FI 33134 ,Miami, FL 33131 • 00677 FIU Law Schodf Turner Construction Co. 51,257,439.00 FIU 1399 SW 1slAve. University park • ~ Miami, FL 33130 Miami, FL 33199 00682 tvlunicipal Parking Garage KVC .5240,117.91 Goodwill Ind. Of So. FL 9499 NE 2 Ave 2121 NW 21 54 • Suite 205 Miami; FL 33142 • Miamt Shores, FL 33138 • 00689 305-777-0757 • Young Circle James B. Pirtle .5407,591.29 .City of Hollywood 4740 DAVIE ROAD 2600 Hollywood Blvd, Davie, FL 33314 Hollywood, FL 33020 CD690 Gold Coast Butters Construction 5828,623.00 Butlers Real Estate • 6820 LYONS TECHNOL OGY CIRCLE 4811 Lyons Technology Parkway ' Suite 100 Suite 6 0069 Coconut Creek, FL Coconut Creek FL 33073 4 954 312-2q 09 , Infinity @ Brickell Colonial Development $75,800.00 Infinity @ BricY.ell LLC 515 E LAS OLAS BLVD. , 515 Easl Las Olas Blvd Suite 1050 SUITE 1050 , Ftlauderdale FL 33301 FT.LAUDERDALE, FL 33301 , 00699 954 524-0607 Sp. Miami Dade Storm Water Miami Dade County 52,954,282.35 Miami Dade County Board of Count' Commissioners .Board of County Commissioners • 111 NW 1st Street, Suite 1510 111 NW 1st Street Suite 1510 • co7oo Miami, FL 33128 , Miami, FL 33128 Young Woman's Acad KV[r 5441,392.59 ~ 1150 Assoc. Ltd 9499 NE 2 Ave . 1836 Wes123 St • Suite 205 Miami Shores, FL 33138 . Miami Beach, FL 33140 00706 305-777-0757 St. Catherine : Arrellano Construction 3323,316.93 Carillon So. Joint Venture LLC ' 7051 SiN 12 ST. , Go WSG Oev Co Miami,Fl 33144 . . 400 Arthur Godfrey Rd, Suite 200 00707 Miami Beach, FL 33140 ~P:ro ects ~~m ~ lef~d~- -ea~i'2~ ;~ ~ ~ '~~' ~`~'`~"~~y •~~~ , } - ~- '' ~ ~ I PROJECT NAME GEN£R4L CONTRACTOR: 2usw2 ~ )North Miami Dad C CONTRACT AMOUNT: ~ OVlh;cR GR ENGINE,.R: f ounty e Board c:' County Commissioners 5 i 9,492,562.14 t+tiami Dade Couni~~ 1 i i N1N 15` Street Suite 1510 Board of County Commissioners , 1•.Aiami, FL 33128 111 NW 1st Street 00623 h4aria Cerna 305-375-4563 Miami, FL 33126 °_D5.375-1293 Minneapolis, MN 55403 St.louis, MO o3;OS 612-4 92-4 000 C0656 Anlhon Johnson i Capri Resorts Centex Rooney Conslr $124,300.00 Capri Resorts 7901 5W 6 Ct. 550 South Federal Highway ~ I Plantation, FL 33324 Fort.Lauderdale, FL 33301 1 954.b85.4260 C0661 I Homeaslead Speedway NATC 55,D8S,431.45 Homestead Miami Motor Sports 1801 W Internaiion Speedway 1 Speedway Blvd. Building 1A Homestead; FL 33035 Oaylona Beach, FL 32114 305-230-5225 ' C0663 386-947-6723 II Lugano ~ .. Harrison Beauchamp Const. $393,525.50. II Lugano, LLC • ~ 247 Minorca Ave. ~ 3428 North Ocean Blvd. ' Coral Gables, FL 33134 ~ FLLauderdale, FL 33308 C0664 Uptown Lofts KVC Constructors $2.78,536.92 Uptown Lofts; LLC ' 9499 NE 2 Aye 1789 SW 3 Ave Suite 205 Miami, FL 33134 Miami Shores, FL 33138 • C0666 305-777-0757 FlU Turner Construction Co. $316,598.00 FIU 1399 SW 1st Ave. University Park ' Miami, FL 33130 Miami, FL 33199 C 0672 Carillon it Bovis Lend Lease $248,500.00 Carillon South 8D SW 8 Sl., Suite 120 400 Arthur Godfrey Rd., Suite 200 • Miami, FL 33130 ~ Miami Beach,'FL 33140 C06B0 900 Biscayne Blvd 900 Biscayne LLC 530,372.00 Pavarini Construction Co •1200 Brickell Ave., Suite 1840 ~ 14750 NE 77 Cl. Miami, FL 33131 Suite 220 ~ ' Miami Lakes, FL 33016 C9684 ~ 786-777-0059 Maria Nevares Metro Zoo Bi: d Holding Florida Lemark 512,250.00 Zoogical Society of FL ' 11402 NW 4; SL, Ste 218 12400 SW 152 St ' Doral, FL 33178 ~ Miami, FL 33177 ' C0667 PROJECT NAME GENERAL CONTRACTOR: CONTRACT AMOUNT: OWNER OR ENGINEER: Parcel #9 Fisher Island Fisher Island Holding, L.L.C. ~ $99,086.81 Fisher Island Holding, L.L.C. One Fisher Island Drlve One Fisher Island Drive • Fisher Island, FL 33109 Fisher Island, FL 33108 Jorge Dominguez ~ Jorge Dominguez C0658 305-535-6061 305-535-6061 Watersione Plaza 8864,000.00 C0655 . Margate Catherine Library James B. Pirtle Construction $276,165.00 Broward County Board of Commissioner 4740 Davie Road 115 South Andrews Ave ,Room 321 Davie, FL 33314 FT. Lauderdale, FL 33321 John Huddleston ' C0654 202nd Street Canal Repair & Miami Dade County DERM • $2,459,196.00 Miami Dade County DERM Restoration 33 S.W. 2nd Avenue, Suite 300 33 S.W. 2nd Avenue, $uit~300 Miami, FL 33130-1540 Miami, FL 33130-1540 ' 305-372-6458 305-372-6458 C0622 Hernan Garces ~ Hernan Garces I MIC -;A Utility Relocation + Turner Construction Company ~2,137,D45.00 FDOT-District 6 I 1359 S.W. 15tkvenue 1000 N.W. 1 t 11h Avenue Wliami, F133030 f~hiami, FL 33172 • 766-621-9000 305-470-5367 C0625 , .Carlos Casal ' MIC i6 (2. ;j Earthwork Turner Construction Company 55,601,236.00 FDOT- Dislrict6 • ;3995.VJ. ;stAvenue 1000 N.N. ;11th Avenue I/~iami, FL 33030 Miami, FL 33172 ' 786-521-?C00 305-470.5367 C0626 Carlos Czsal ' tv11C 1 B (2.3j Storm n Utilities Turner Construction Company 52,381,559.00 FDOT - DisUiclo 1395 S.Ur. psi kvenue ;000 N.6N, ililh Avenue IJciami, Fl "x3330 _ ivtiami, FL 33172 786-621-9000 305-470-5367 C06<<^7 Carlos Czszl I ""'•' •"• ' '••- ~• Miami, FL 33030 v IVVV IV,VV, ! ~ nn nva!ue Miami, FL 33172 765-621-9000 I 305-470.5367 C0628 Carlos Canal Carbonell at 8rickell Key Swire Properties, Inc, $345,33?.QO ~ Swire Pacific Holdings Inc. 901 BricY,ell Key Blvd. 501 8rickell Key Drive, Suite 600 , 501 8rickell Key Drive Suite 600 Miami, FL 33131 Miami, FL 33131 - , Miami, FL 33131 305-371-3877 305-371-3877 C0635 Ro M. Hall Jelf 9enson Don Greene Poultry MC Clier Corp. ~ 54S4,972.05 Gon Greene Poulty 12701 NlN 38th Avenue 90C Cirlcte 75th Pkwy., Suite 660 12701 NW 38th Avenue ~ Opa-Locka, FL Atlanta, G.430339 1 Opa-Locka, FL 770-980-6323 Don Greene C0631 I Mike Venters • Downtown Dadeland Trenching Miller & Solomon Gen Conl., Inc $6,330.00 Downtown Oadeland Residential 8491 NW 17th St. Suite L 7250 N. Kendall Drive ' Miami, FI, 33125 Miami, FL 33156 Robert Coleman ~ C0647 305-599-2300 • Lexus of Kendall The Wftters Construction Company $82,450.00 Kendall Imports LLC ~ 10943 S. Dixie Hwy. 1040 SE 14th Street • DBA/Kendall Toyo I Village of Pinecrest, FL Hialezh , FL 33010 ~ 10943 S. Dixie Hwy. Brent Nagel Village of Pinecrest FL ~ ~ CO645 , , Mercy Hospital Garage 8 Bouts Lend Lease $904,514.17 Hammes Company of FI. LLC Ambulatory 3663 South Miami Avenue 300 S. Orange Avenue ' • Miami, FL 33133 Suite 1500 C0600 Ed Baro 305-373.8006 Orlando, FI 32801 Goulds Canal Repair 8: Miami Dade County DERM $2,174,416.27 Miami Dade County DERM Restoration 33 S.W. 2nd Avenue, Suite 300 33 S.W. 2nd Avenue, Suite 300 Miami, FL 3 31 3 0-1 54 0 tvliami, FL 33130-1540 305-372-6458 305-372-6458 • C0619 Hernan Garces Hernan Garces Busvrzy Extension io FL. City Miami Dade County $17,572,058.20 Miami Dade County ~ US-1 P.econstruciion Board of County Commissioners Board of County Commissioners Segment 1 -South 111 NW 1st Street, Suite 1510 111 NW 1st Street Miami, FL Miami, FL 33128 Miami FL 33128 C0611 Maria Cerna 305-375-4583 , 305-375-1293 Andover Ezst Canal Repair ~ Miami Dade County DERM 5574,452.45 Miami Dade County DERM Restoration 33 S.W. 2nd Avenue, ,Suite 300 33 S.W. 2nd Avenue, Suite 300 • Miami, FL 33130-1540 Miami, FL 33130-1540 'C0621 305-372-6458 Hernan Garces 305-372-6458 South FI. Educational Credd Union South FI. Educational Credit Union 5145,000.00 Hernan Garces South FI. Educational Credit Union NE 15th St, B NE 2nd Avenue 7800 SlN 117th Avenue 7600 SW 1171h Avenue Miami, FL Miami, FL 33183 Miami, FL 33183 C063D 305-2?0-5200 Berl Sible ~ 305-270-5200 Gzbles Marquis Sales Trailer Turner Construction Company $56,597.50 • ~Beri Sible EB Developers Inc 3232 & Coral Way 1399 SW 1st Avenue , . 7025 Beracasa Way Cora) Gables, FL ~ Miami, FL 3 31 30-1 54 0 Boca Raton, FL 33433 . Doug Coletli C0636 Mercy Hospital Garage &• BDVis lend Lease • $.661,683.47 Hammes Company of Fl. LLC 3663 South Miami Avenue 300 S. Orange Avenue • Pdiami, FL 33133 - Suite 1500 . C0637 Ed Baro 305-373-8006 Orlando, FI32801 i 8ayview ~ fisher Island Cozsial Condominiums .5270,403.00 Fisher Island Holding L.L.C ~ 5100 Fisher Island Drive , . One Fisher Island Drive Fisher Island, FL 33109 Fisher Island FL 33109 Fred Simank , C0639 305-538-4855 , .The Ocean Club Repairs 755 Crandon BNd Ocean Club Development Company 512,496.90 ocean Club Development Company Key Biscayne, FL 33149 755 Crandon Blvd Key Biscayne FL 33149 755 Crandon Blvd , • Rick ChiM•ood Key Biscayne, FL 33149 C0642 305 351-7942 ' Wzlson Islantl Parking Miami Parking Authority 5640,551 36 Miami Parking Authority 190 N.E. 3rd Street . 130 N,E. 3rdSlreel • Miami, FL 33132 IJ!iami FL 33132 C0641 ' Yanie,CrGspo 305-,°. r 3-,-789 , Yanie Crespo ! Fitz Carlton j 155 Lincoln Road Hoar Consiruclicn ~ 575,126,80 305.373-6789 Grove k4!ami Hoidin~s lnc 5 fl Miami Beach, FL 33139 155 Lincoln Rcad F• t/,iami peach, . ~ 53139 , . 2700 Tieerail Avenue C 064 Roger N. Guillaume Apt 304 Coconut Grove FL 33133 0 305-672•fi 112 , BapGs Hospital of Home<_iead SY anska US 4 Buildin I 790 N• Homestead Blvd , . g, nc. 550,000.00 Baptis Hospital of Homesteatl Homestead, FL 3501 Johnson Street Hotlywoad, FL 33021 790 N. Homestead Blvd C0=52 Homestead, FL EQUIPi~~1ENT LIST RENTAL) As Of January 01, 2008 Combination backhoe Ioader4lG CAT fl~ini Excavator CAT 312 Excavator JD 200 Excavator JD 135 0 Swing Excavator CAT 320 Excavator CA.T 320 Excavator w/long stick CAT 325 wlhydraulic hammer CAT' 325 Excavator JOHN! DEERE~270 Excavator • CAT 330 Excavator ~ ' JOHf~ DEERE 330 Excavator CAT 345L~C - . JOHN DEERE 892 Excavator JOI ~N DEE1~E 992 Excavator (Call~for price of mcbi!ization) CAT 345BL (Call for price of ma5ilization) Gradeall CAT 928 Loader JO~'EN DEERE 544 Loader GAT 9~0 Loader John Deere 644 Loader . GAT .966 Loader John Deere 450 Dozer CASE 550.C Dozer CAT D3 Dozer - ~ . GAT D6 Dozer 743 BOBCAT Bobcat Atachme~ its vai;abte: bacrho2, sit;~aepe.r, forks, auc;e;•s ia~~;1r1'el c~t.CcC rrtC; c Eor C~GL1cL=e C=A i CB 22; • G;~tT 5~G3C ~jkrlrctCi ~/ !~'~'ilE~r ~~ A{!T~J J 3 3 ~? D i~1 ~:1~i~I~uJ Lit: [~~ t ~~:i_~i Cl:~.= J/ i1 ~Iit4i D4`fvAPAG CS1~ Sta:#C RG~Sier D~f~F;Pfi~G GSA B ; Sia^tic P.c3fier . !-tUEEE~ 85J G~ad~ar ~ ~ . ' GAT 1%G fJfaior GradEr ~ ~ . EI~CLfD C3~ Road E;1d Dump ~ . JD.250 D Articulated truck CAT 725 r,rticuia~ted truck ~~ Dump Truck ~ ..' . Water Truck . Low Boy Trailer ~ .. SCf~7RAf~fvf Pneu~rtairactor Vermeer 600 Trencher Vermeer 750 ~TrencherfRentai . JOH~t DEf=~E Street Broom 2155-7 POWER SCREED PS-3 ~ ~ Per day . Per Week tVlont`~ Bros Milling Machine Vac Truck Sloan Purnp 6." Sloan Pump 18" Well point SXstems l~.tf paces ir~ciade. fgtaehine ~~r.~efed ancf g~~eas~er~) acid a{~er~atar Rental rates base on 8 hoer minimum 1 '/ hour travel time in Dade CQunt~ ' 2 hour travel time in i3roward Co~~ty ~ ~ ~ - Overtime add $i5fhour Cal, for i;rice cn pre~laiFng wage jobs 00800. GENERAL CONDITIONS: Prolgct Manual: 1.1. The Project Manual includes any general or special Contract conditions or specifications attached hereto. 1.2. The Project Manual, along with all documents that make up and constitute the Contract Documents, shall be followed in strict accordance as to work, performance, material, and dimensions except when CONSULTANT may authorize, in writing, an exception. 1.3. Dimensions given in figures are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be resolved by CONSULTANT. CONTRACTOR shall not proceed when in doubt as to any dimension or measurement, but shall seek clarification from CONSULTANT. 1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the Project Manual; two of which shall be preserved and always kept accessible to CONSULTANT and CONSULTANT'S authorized representatives. Additional copies of the Project Manual may be obtained from CITY at the cost of reproduction. 2. Intention of CITY: It is the intent of CITY to describe in the Contract Documents a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents and in accordance with all codes and regulations governing construction of the Project. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied by CONTRACTOR whether or not specifically called for. When words which have awell-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of bids and CONTRACTOR shall comply therewith. CITY shall have no duties other than those duties and obligations expressly set forth within the Contract Documents. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 gg 3. Preliminary Matters: 3.1. Within five (5) calendar days prior to the pre-construction meeting described in Section 3.2, CONTRACTOR shall submit to CONSULTANT for CONSULTANT's review and acceptance: 3.1.1. A progress schedule in the indicated form: [ ]Bar Chart [ ]Modified CPM [ ]CPM [X] Computerized CPM (CPM shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction.") The progress schedule shall indicate the start and completion dates of the various stages of the Work and shall show an activity network for the planning and execution of the Work. Included with the progress schedule shall be a narrative description of the progress schedule. The progress schedule must be updated monthly by CONTRACTOR, submitted as part of each Application for Payment and shall be acceptable to CONSULTANT. 3.1.2. A preliminary schedule of Shop Drawing submissions; and 3.1.3. In a lump sum contract or in a contract which includes lump sum bid items of Work, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be .confirmed in writing by CONTRACTOR at the time of submission. [ ]Such prices shall be broken down to show labor, equipment, materials and overhead and profit. 3.1.4. After award but prior to the submission of the progress schedule, CONSULTANT, Contract Administrator and CONTRACTOR shall meet with all utility owners and secure from them a schedule of utility relocation, provided, however, neither CONSULTANT nor BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 89 CITY shall be responsible for the nonperformance by the utility owners. 3.2. At a time specified by CONSULTANT but before CONTRACTOR starts the work at the Project site, a conference attended by CONTRACTOR, CONSULTANT and others as deemed appropriate by Contract Administrator, will be held to discuss the schedules referred to in Section 3.1, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. 3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the Notice to Proceed, a conference attended by CONTRACTOR, CONSULTANT and others, as appropriate, will be held to finalize the schedules submitted in accordance with Section 3.1. Within forty-five (45) days after the Project Initiation Date set forth in the Notice to Proceed, the CONTRACTOR shall revise the original schedule submittal to address all review comments from the CPM review conference and resubmit for CONSULTANT review. The finalized progress schedule will be accepted by CONSULTANT only as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance shall not constitute acceptance by CITY or CONSULTANT of the means or methods of construction or of the sequencing or scheduling of the Work, and such acceptance will neither impose on CONSULTANT or CITY responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefore. The finalized schedule of Shop Drawing submissions must be acceptable to CONSULTANT as providing a workable arrangement for processing the submissions. The finalized schedule of values pursuant to Section 3.1.3 above must be acceptable to CONSULTANT as to form and substance. 4. Pertormance Bond and Pavment Bond: Within fifteen (15) calendar days of being notified of the award, CONTRACTOR shall furnish a Performance Bond and a Payment Bond containing all the provisions of the Pertormance Bond and Payment Bond attached hereto as forms 00710 and 00720. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11 /08 90 4.1. Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to CITY the completion and performance of the work covered in such Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each Bond shall be with a surety company which is qualified pursuant to Article 5. 4.2. Each Bond shall continue in effect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be conditioned that CONTRACTOR will, upon notification by CITY, correct any defective or faulty work or materials which appear within one year after Final Completion of the Contract. 4.3. Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be amended from time to time, CONTRACTOR shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 4.4. Alternate Form of Security: In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may furnish alternate forms of security which may be in the form of cash, money order, certified check, cashier's check or unconditional letter of credit in the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior approval of CITY and for same purpose and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. 5. Qualification of Surety 5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.00): 5.1.1. Each bond must be executed by a surety company of recognized standing, authorized to do business in the State of Florida as surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with United States Department of Treasury Circular 570, Current Revisions. If th'e amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 91 company shall not exceed the underwriting limitation in the circular, and the excess .risks must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. 5.1.3. The CITY will accept a surety bond from a company with a rating of B+ or better for bonds up to $2 million, provided, however, that if any surety company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or reject the surety company based on the financial information available to the CITY. A surety company that is rejected by the CITY may be substituted by the Bidder or proposer with a surety company acceptable to the CITY, only if the bid amount does not increase. The following sets forth, in general, the acceptable parameters for bonds: Policy- Financial holder's Size Amount of Bond Ratings Category 500,001 to 1,000,000 B+ Class I 1,000,001 to 2,000,000 B+ Class II 2,000,001 to 5,000,000 A Class III 5,000,001 to 10,000,000 A Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 A Class VI 50,000,001 or more A Class VII 5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond, Performance Bond and Payment Bond from a surety company which has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, if the surety company is otherwise in compliance with the provisions of the Florida Insurance Code, and if the surety company holds a currently valid certificate of authority issued by the United States Department of the Treasury under Section 9304 to 9308 of Title 31 of the United States Code, as may be amended from time to time. The Certificate and Affidavit so certifying (Form 00722) should be submitted with the Bid Bond and also with the Performance Bond and Payment Bond. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 92 5.3. More stringent requirements of any grantor agency are set forth within the Supplemental Conditions. If there are no more stringent requirements, the provisions of this section shall apply. 6. Indemnification 6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein, this Agreement does not require CONTRACTOR to indemnify CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against CITY by reason of any such claim or demand, CONTRACTOR shall, upon written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2 The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims of liability and all suits and actions of every name and description covered by Section 6.1 above which may be brought against CITY whether pertormed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. 7. Insurance Requirements: 7.1. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be pertormed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 93 7.1.1.1. Employers' Liability with a limit of One Million Dollars ($1,000,000.00) Dollars ($) each accident. 7.1.1.2. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.1.2. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: [ X ] 7.1.2.1. Premises and/or Operations. [ X ] 7.1.2.2. Independent Contractors. [ X ] 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars ($50,000.00) CONTRACTOR shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. (X ] 7.1.2.4. Explosion, Collapse and Underground Coverages. [ X ] 7.1.2.5. Broad Form Property Damage. [ X ] 7.1.2.6. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. [ ] 7.1.2.7. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. [ X ] 7.1.2.8. CITY is to be expressly included as an Additional Insured with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of CONTRACTOR in connection with general supervision of such operation. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 94 7.1.3. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: 7.1.3.1. Owned Vehicles. 7.1.3.2. Hired and Non-Owned Vehicles. 7.1.3.3. Employers' Non-Ownership. (Not Applicable to this bid) [ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to aboveground buildings or structures is/is not required. The coverage shall be "All Risk" coverage for 100 percent of the completed value, covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. 7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must be specifically endorsed to eliminate any "Occupancy Clause" or similar warranty or representation that the building(s), addition(s) or structure(s) in the course of construction shall not be occupied without specific endorsement of the policy. The Policy must be endorsed to provide that the Builder's Risk coverage will continue to apply until final acceptance of the building(s), addition(s) or structure(s) by CITY. [ ] 7.1.4.2. Flood Insurance--When the buildings or structures are located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structures, or, the maximum amount of flood insurance coverage available under the National Flood Program. [ ] 7.1.5. Installation Floater for the installation of machinery and/or equipment into an existing structure is/is not required. The coverage shall be "All Risk" coverage including installation and transit for 100 percent of the "installed replacement cost value," covering CITY as a named insured, with a deductible of not more than Five Thousand Dollars ($5,000.00) each claim. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 95 7.1.5.1. Cessation of Insurance--Coverage is not to cease and is to remain in force (subject to cancellation notice) until final acceptance by CITY. 7.1.5.2. Flood Insurance--When the machinery or equipment is located within an identified special flood hazard area, flood insurance must be afforded for the lesser of the total insurable value of such buildings or structure, or, the maximum amount of flood insurance coverage available under the National Flood Program. 7.2. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. 7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to provide CITY with at least thirty (30) days notice of cancellation and/or restriction. 7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. The Certificate of Insurance shall be in form similar to and contain the information set forth in Form 00708. 7.5. The official title of the Owner is the City of Miami Beach, Florida. This ofFcial title shall be used in all insurance documentation. 8. Labor and Materials: 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 8.2. CONTRACTOR shall at all times enforce strict discipline and good order among its employees and subcontractors at the Project site and shall not employ on the Project any unfit person or anyone not skilled in the work to which they are assigned. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/ll /08 96 9. Royalties and Patents: All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material,. arrangement, appliance, or method that may be used upon or in any manner be connected with the construction of the Work or appurtenances, are hereby included in the prices stipulated in this Contract for said work. 10. Weather: Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a request for a change in the Contract Time pursuant to Article 40. These time extensions are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work identified on the accepted schedule or updates resulting in: (1) CONTRACTOR being unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or (2) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty percent (50%) of the normal workday on controlling items of work identified on the accepted schedule or updates. 11. Permits. Licenses and Impact Fees: 11.1. Except as otherwise provided. within the Supplemental Conditions, all permits and licenses required by federal, state or local laws, rules and regulations necessary for the prosecution of the Work undertaken by CONTRACTOR pursuant to this Contract shall be secured and paid for by CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain appropriate Certificate(s) of Competency, valid .for the Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality. Reimbursement to CONTRACTOR in no event shall include profit or overhead of CONTRACTOR. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 97 12. Resolution of Disputes: 12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that CONSULTANT shall decide all questions, claims, difficulties and disputes of whatever nature which may arise relative to the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, the Contract Documents and CONSULTANT's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be submitted to CONSULTANT in writing within twenty-one (21) calendar days. Unless a different period of time is set forth herein, CONSULTANT shall notify CITY and CONTRACTOR in writing of CONSULTANT's decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, unless CONSULTANT requires additional time to gather information or allow the parties to provide additional information. All nontechnical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any dispute and after a determination thereof, CONTRACTOR, CONSULTANT and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2 In the event the determination of a dispute under this Article is unacceptable to either party hereto, the party objecting to the determination must notify the other party in writing within ten (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed is the entire adjustment to which the objecting party has reason to believe it is entitled to as a result of the determination. Within sixty (60) days after Final Completion of the Work, the parties shall participate in mediation to address all objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be mutually agreed upon by the parties. Should any objection not be resolved in mediation, the parties retain all their legal rights and remedies provided under State law. A party objecting to a determination specifically waives all of its rights provided hereunder, including its rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 98 13. Inspection of Work: 13.1. CONSULTANT and CITY shall at all times have access to the Work, and CONTRACTOR shall provide proper facilities for such access and for inspecting, measuring and testing. 13.1.1. Should the Contract Documents, CONSULTANT's instructions, any laws, ordinances, or any public authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CITY, timely notice shall be given of the date fixed for such testing. Testing shall be made promptly, and, where practicable, at the source of supply. If any of the Work should be covered up without approval or consent of CONSULTANT, it must, if required by CONSULTANT, be uncovered for examination and properly restored at CONTRACTOR's expense. 13.1.2. Reexamination of any of the Work may be ordered by CONSULTANT with prior written approval by the Contract Administrator, and if so ordered, the Work must be uncovered by CONTRACTOR. If such Work is found to be in accordance with the Contract Documents, CITY shall pay the cost of reexamination and replacement by means of a Change Order. If such Work is not in accordance with the Contract Documents, CONTRACTOR shall pay such cost. 13.2. Inspectors shall have no authority to permit deviations from, nor to relax any of the provisions of, the Contract Documents nor to delay the Contract by failure to inspect the materials and work with reasonable promptness without the written permission or instruction of CONSULTANT. 13.3. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly prohibited, and any such act on the part of CONTRACTOR will constitute a breach of this Contract. 14. Superintendence and Supervision: 14.1. The orders instructions CONTRACT competent BID NO: 43-07/08 DATE: 09/11/08 of CITY are to be given through CONSULTANT, which are to be strictly and promptly followed in every case. 'OR shall keep on the Project during its progress, afull-time English speaking superintendent and any necessary CITY OF MIAMI BEACH 99 assistants, all satisfactory to CONSULTANT. The superintendent shall not be changed except with the written consent of CONSULTANT, unless the superintendent proves to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as if given to CONTRACTOR and will be confirmed in writing by CONSULTANT upon the written request of CONTRACTOR. CONTRACTOR shall give efficient supervision to the Work, using its best skill and attention. 14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the following information in a bound log: the day; date; weather conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; materials, labor, personnel, equipment and subcontractors at the Project site; visitors to the Project site, including representatives of CONSULTANT, regulatory representatives; any special or unusual conditions or occurrences encountered; and the time of termination of work for the day. All information shall be recorded in the daily log in ink. The daily log shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and CONSULTANT. 14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two weeks. The CONSULTANT shall publish, keep, and distribute minutes and any comments thereto of each such meeting. 14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any discrepancy between the Contract Documents and the physical conditions of the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform CONSULTANT, in writing, and CONSULTANT will promptly review the same. Any work done after such discovery, until authorized, will be done at CONTRACTOR's sole risk. 14.5. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 100 15. CITY's Riaht to Terminate Contract: 15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days after the Project Initiation Date, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if CONTRACTOR shall fail to perform any material term set forth in the Contract Documents or if CONTRACTOR shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Contract Administrator may give notice in writing to CONTRACTOR and its Surety of such delay, neglect or default, specifying the same. If CONTRACTOR, within a period of five (5) calendar days after such notice, shall not proceed in accordance therewith, then CITY may upon written certificate from CONSULTANT of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Project site and take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Project is completed. In addition CITY may enter into an agreement for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as in CITY's sole opinion shall be required for the completion of the Project in an acceptable manner. All damages, costs and charges incurred by CITY, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to CONTRACTOR. In case the damages and expenses so incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. 15.2. If after notice of termination of CONTRACTOR's right to proceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 below. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 101 15.3. This Contract may be terminated for convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall be paid for all work executed and expenses incurred prior to termination in addition to termination settlement costs reasonably incurred by CONTRACTOR relating to commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. No payment shall be made for profit for work/services which have not been performed. 15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver or otherwise make available to CITY all data, drawings, specifications, reports, estimates, summaries and such other information as may have been required by the Contract Documents whether completed or in process. 16. CONTRACTOR's Right to Stop Work or Terminate Contract: Should CONSULTANT fail to review and approve or state in writing reasons for nonapproval of any Application for Payment within twenty (20) days after it is presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by CONSULTANT of and! sum certified by CONSULTANT, or to notify CONTRACTOR, and CONSULTANT in writing of any objection to the Application for Payment, then CONTRACTOR may, give written notice to CITY and CONSULTANT of such delay, neglect or default, specifying the same. If CITY or CONSULTANT (where applicable), within a period of ten (10) calendar days after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an Application for Payment shall be submitted to CONSULTANT in accordance with the provisions of Article 12 hereof. 17. Assignment: Neither party hereto shall assign the Contract or any subcontract in whole or in part without the written consent of the other, nor shall CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the Mayor and City Commission. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 102 18. Rights of Various Interests: Whenever work being done by CITY's forces or by other contractors is contiguous to or within the limits of work covered by this Contract, the respective rights of the various interests involved shall be established by the Contract Administrator to secure the completion of the various portions of the work in general harmony. 19. Differing Site Conditions: In the event that during the course of the Work CONTRACTOR encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, CONTRACTOR, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify CITY and CONSULTANT in writing of the existence of the aforesaid conditions. CONSULTANT and CITY shall, within two (2) business days after receipt of CONTRACTOR's written notice, investigate the site conditions identified by CONTRACTOR. If, in the sole opinion of CONSULTANT, the conditions do materially so differ and cause an increase or decrease in CONTRACTOR's cost of, or the time required for, the pertormance of any part of the Work, whether or not charged as a result of the conditions, CONSULTANT shall recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an adjustment in the Contract Price or Contract Time, the adjustment shall be referred to CONSULTANT for determination in accordance with the provisions of Article 12. Should CONSULTANT determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. No request by CONTRACTOR for an equitable adjustment to the Contract under this provision shall be allowed unless CONTRACTOR has given written notice in strict accordance with the provisions of this Article. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by CONSULTANT as the date of substantial completion. BID NO: 43-07/08 CITY OF MIAMI BEACN DATE: 09/11/08 103 20. Plans and Working Drawings: CITY, through CONSULTANT, shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans, drawings or additional information as the Work proceeds, all of which shall be considered as part of the Project Manual. In case of disagreement between the written and graphic portions of the Project Manual, the written portion shall govern. 21. CONTRACTOR to Check Plans, Specifications and Data: CONTRACTOR shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from CONSULTANT, and shall notify CONSULTANT of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. CONTRACTOR will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by CONSULTANT. CONTRACTOR shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless CONTRACTOR recognized such error, omission or discrepancy and knowingly failed to report it to CONSULTANT. 22. CONTRACTOR's Responsibility for Damages and Accidents: 22.1. CONTRACTOR shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by CITY, and shall promptly repair any damage done from any cause whatsoever, except as provided in Article 29. 22.2. CONTRACTOR shall be responsible for all materials, equipment and supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior to final acceptance by CITY, CONTRACTOR shall replace same without cost to CITY, except as provided in Article 29. 23. Warranty: CONTRACTOR warrants to CITY that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all of the Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by CONSULTANT, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of Article 25 herein. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11./08 104 24. Supplementary Drawings: 24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain the Work to be done more fully, or to illustrate the Work further, or to show any changes which may be required, supplementary drawings, with specifications pertaining thereto, will be prepared by CONSULTANT. 24.2. The supplementary drawings shall be binding upon CONTRACTOR with the same force as the Project Manual. Where such supplementary drawings require either less or more than the original quantities of work, appropriate adjustments shall be made by Change Order. 25. Defective Work: 25.1. CONSULTANT shall have the authority to reject or disapprove work which CONSULTANT finds to be defective. If required by CONSULTANT, CONTRACTOR shall promptly either correct all defective work or remove such defective work and replace it with nondefective work. CONTRACTOR shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 25.2. Should CONTRACTOR fail or refuse to remove or correct any defective work or to make any necessary repairs in accordance with the requirements of the Contract Documents within the time indicated in writing by CONSULTANT, CITY shall have the authority to cause the defective work to be removed or corrected, or make such repairs as may be necessary at CONTRACTOR's expense. Any expense incurred by CITY in making such removals, corrections or repairs, shall be paid for out of any monies due or which may become due to CONTRACTOR, or may be charged against the Performance Bond. In the event of failure of CONTRACTOR to make all necessary repairs promptly .and fully, CITY may declare CONTRACTOR in default. 25.3. If, within one (1) year after the date of substantial completion or such longer period of time as may be prescribed by the terms of any applicable special. warranty required by the Contract Documents, or by any specific provision of the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR, after receipt of written notice from CITY, shall promptly correct such defective or nonconforming Work within the time specified by CITY without cost to CITY, to do so. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which CONTRACTOR might have under the Contract Documents including but not limited to, Article 23 hereof and any claim regarding latent defects. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11!08 105 25.4. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. 26. Taxes CONTRACTOR shall pay all applicable sales, consumer, use and other taxes required by law. CONTRACTOR is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 27. Subcontracts: 27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or CONSULTANT may have a reasonable objection. CONTRACTOR shall not be required to employ any subcontractor against whom CONTRACTOR has a reasonable objection. 27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its subcontractors and of persons directly or indirectly employed by its subcontractors and of persons for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by it. Nothing in the Contract Documents shall create any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to pay or to see the payment of any monies due any subcontractor. CITY or CONSULTANT may furnish to any subcontractor evidence of amounts paid to CONTRACTOR on account of specific work performed. 27.3. CONTRACTOR agrees to bind specifically every subcontractor to .the applicable terms and conditions of the Contract Documents for the benefit of CITY. [ ] 27.4. CONTRACTOR shall perform the Work with its own organization, amounting to not less than 40 % percent of the Contract Price. 28. Separate Contracts: 28.1. CITY reserves the right to let other contracts in connection with this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate this Work with theirs. 28.2. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any other persons, CONTRACTOR shall inspect BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 106 and promptly report to CONSULTANT any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure to so inspect and report shall constitute an acceptance of the other person's work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's work after the execution of CONTRACTOR's. 28.3. CONTRACTOR shall conduct its operations and take all reasonable steps to coordinate the prosecution of the Work so as to create no interference or impact on any other contractor on the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or impact. 28.4. To insure the proper execution of subsequent work, CONTRACTOR shall inspect the work already in place and shall at once report to CONSULTANT any discrepancy between the executed work and the requirements of the Contract Documents. 29. Use of Completed Portions: 29.1. CITY shall have the right at its sole option to take possession of and use any completed or partially completed .portions of the Project. Such possession and use shall not be deemed an acceptance of any of the Work not completed in accordance with the Contract Documents. If such possession and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation, or reasonable extension of time or both, as recommended by CONSULTANT and approved by CITY. 29.2. In the event CITY takes possession of any completed or partially completed portions of the Project, the following shall occur: 29.2.1. CITY shall give notice to CONTRACTOR in writing at least thirty (30) calendar days prior to CITY's intended occupancy of a designated area. 29.2.2. CONTRACTOR shall complete to the point of Substantial Completion the designated area and request inspection and issuance of a Certificate of Substantial Completion in the form attached hereto as 00925 from CONSULTANT. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 107 29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent damages of CITY and public, adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. CONTRACTOR shall complete all items noted on the Certificate of Substantial Completion within the time specified by CONSULTANT on the Certificate of Substantial Completion, as soon as possible and request final inspection and final acceptance of the portion of the Work occupied. Upon completion of final inspection and receipt of an application for final payment, CONSULTANT shall issue a Final Certificate of Payment relative to the occupied area. 29.2.5. If CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion thereof, such occupancy or use shall not commence prior to a time mutually agreed upon by CITY and CONTRACTOR and to which the insurance company or companies providing the property insurance have consented by endorsement to the policy or policies. Insurance on the unoccupied or unused portion or portions shall not be canceled or lapsed on account of such partial occupancy or use. Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands for Work: 30.1. CITY shall provide, as may be indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands as are designated by CITY or the use of CONTRACTOR. 30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of materials. CONTRACTOR shall furnish to CITY copies of written permission obtained by CONTRACTOR from the owners of such facilities. 31. Legal Restrictions and Traffic Provisions: CONTRACTOR shall conform to and obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and CONTRACTOR's general operations. CONTRACTOR shall conduct its operations so as not to BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 1 pg close any thoroughfare, nor interfere in any way with traffic on railway, highways, or water, without the prior written consent of the proper authorities. 32. Location and Damage to Existing Facilities, Equipment or Utilities: 32.1. As far as possible, all existing utility lines in the Project area have been shown on the plans. However, CITY does not guarantee that all lines are shown, or that the ones indicated are in their true location. It shall be the CONTRACTORS responsibility to identify and locate all underground and overhead utility lines or equipment affecting or affected by the Project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan location of utilities, and damages suffered as a result thereof. 32.2. The CONTRACTOR shall notify each utility company involved at least ten (10) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility companies for temporary support of its utilities shall be paid for by the CONTRACTOR. All costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company involved.. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessary to avoid conflict with other lines. 32.3. The CONTRACTOR shall schedule the work in such a manner that the work is not delayed by the utility providers relocating or supporting their utilities. The CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way. No compensation will be paid to the CONTRACTOR for any loss of time or delay. 32.4. All overhead, surface or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be inspected by the utility owner prior to backfilling. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 109 33. Value Engineerinc: CONTRACTOR may request substitution of materials, articles, pieces of equipment or any changes that reduce the Contract Price by making such request to CONSULTANT in writing. CONSULTANT will be the sole judge of acceptability, and no substitute will be ordered, installed, used or initiated without CONSULTANT's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. .However, any substitution accepted by CONSULTANT shall not result in any increase in the Contract Price or Contract Time. By making a request for substitution, CONTRACTOR agrees to pay directly to CONSULTANT all CONSULTANT's fees and charges related to CONSULTANT's review of the request for substitution, whether or not the request for substitution is accepted by CONSULTANT. Any substitution submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including CONSULTANT review fees and charges. If a substitution is approved, the net dollar savings shall be shared equally between CONTRACTOR and CITY and shall be processed as a deductive Change Order. CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute approved after award of the Contract. 34. Continuing the Work: CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with CITY, including disputes or disagreements concerning a request for a Change Order, a request for a change in the Contract Price or Contract Time. The Work shall not be delayed or postponed pending resolution of any disputes or disagreements. 35. Chances in the Work or Terms of Contract Documents: 35.1. Without invalidating the Contract and without notice to any surety CITY reserves and shall have the right, from time to time to make such increases, decreases or other changes in the character or quantity of the Work as may be considered necessary or desirable to complete fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of this Project must be accomplished by means of appropriate Field Orders and Supplemental Instructions or Change Orders. 35.2. Any changes to the terms of the Contract Documents must be contained in a written document, executed by the parties hereto, with the same formality and of equal dignity prior to the initiation of any work reflecting BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 110 such change. This section shall not prohibit the issuance of Change Orders executed only by CITY as hereinafter provided. 36. Field Orders and Supplemental Instructions: 36.1. The Contract Administrator, through CONSULTANT, shall have the right to approve and issue Field Orders setting forth written interpretations of the intent of the Contract Documents and ordering minor changes in Work execution, providing the Field Order involves no change in the Contract Price or the Contract Time. 36.2. CONSULTANT shall have the right to approve and issue Supplemental Instructions setting forth written orders, instructions, or interpretations concerning the Contract Documents or its performance, provided such Supplemental Instructions involve no change in the Contract Price or the Contract Time. 37. Change Orders: 37.1. Changes in the quantity or character of the Work within the scope of the Project which are not properly the subject of Field Orders or Supplemental Instructions, including all changes resulting in changes in the Contract Price, or the Contract Time, shall be authorized only by Change Orders approved in advance and issued in accordance with the provisions of the CITY. 37.2. All changes to construction contracts must be approved in advance in accordance with the value of the Change Order or the calculated value of the time extension. All Change Orders with a value of $25,000 or more shall be approved in advance by the Mayor and City Commission. All Change Orders with a value of less than $25,000 shall be approved in advance by the City Manager or his designee. 37.3. In the event satisfactory adjustment cannot be reached for any item requiring a change in the Contract Price or Contract Time, and a Change Order has not been issued, CITY reserves the right at its sole option to either terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the disputed work; or submit the matter in dispute to CONSULTANT as set forth in Article 12 hereof. During the pendency of the dispute, and upon receipt of a Change Order approved by CITY, CONTRACTOR shall promptly proceed with the change in the Work involved and advise the CONSULTANT and Contract Administrator in writing within seven (7) calendar days of CONTRACTOR's agreement or disagreement with the BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 111 method, if any, provided in the Change Order for determining the proposed adjustment in the Contract Price or Contract Time. 37.4. On approval of any Contract change increasing the Contract Price, CONTRACTOR shall ensure that the performance bond and payment bond are increased so that each reflects the total Contract Price as increased. 37.5. Under circumstances determined necessary by CITY, Change Orders may be issued unilaterally by CITY. 38. Value of Change Order Work: 38.1. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 38.1.1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of items involved, subject to the provisions of Section 38.7. 38.1.2. By mutual acceptance of a lump sum which CONTRACTOR and CITY acknowledge contains a component for overhead and profit. 38.1.3. On the basis of the "cost of work," determined as provided in Sections 38.2 and 38.3, plus a CONTRACTOR's fee for overhead and profit which is determined as provided in Section 38.4. 38.2. The term "cost of work" means the sum of all direct costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work described in the Change Order. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Section 38.3. 38.2.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the work covered by the Change Order shall be apportioned on the basis of their time spent on BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11 /08 112 the work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, .vacation and holiday pay application thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing the work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by CITY. 38.2.2. Cost of all materials and equipment furnished and incorporated in the work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY and CONTRACTOR shall make provisions so that they may be obtained. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with the terms of said agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. 38.2.3. Payments made by CONTRACTOR to Subcontractors for work performed by Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and shall deliver such bids to CITY who will then determine, with the advice of CONSULTANT, which bids will be accepted. If the Subcontract provides that the Subcontractor is to be paid on the basis of cost of the work plus a fee, the Subcontractor's cost of the work shall be determined in the same manner as CONTRACTOR'S cost of the work. All Subcontractors shall be subject to the other provisions of the Contract Documents insofar as applicable. 38.2.4. Cost of special consultants, including, but not limited to, engineers, architects, testing laboratories, and surveyors BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 113 employed for services specifically related to the performance of the work described in the Change Order. 38.2.5. Supplemental costs including the following: 38.2.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the work except for local travel to and from the site of the work. 38.2.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, applian- ces, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remains the property of CONTRACTOR. 38.2.5.3. Sales, use, or similar taxes related to the work, and for which CONTRACTOR is liable, imposed by any governmental authority. 38.2.5.4. Deposits lost for causes other than CONTRACTOR's negligence; royalty payments and fees for permits and licenses. 38.2.5.5. The cost of utilities, fuel and sanitary facilities at the site. 38.2.5.6. Receipted minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the work. 38.2.5.7. Cost of premiums for additional bonds and insurance required because of changes in the work. 38.3. The term "cost of the work",shall not include any of the following: 38.3.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 l l4 contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the work and not specifically included in the agreed-upon schedule of job classifications referred to in Section 38.2.1., all of which are to be considered administrative costs covered by CONTRACTOR's fee. 38.3.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 38.3.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the work and charges against CONTRACTOR for delinquent payments. 38.3.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same, except for additional bonds and insurance required because of changes in the work. 38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any Subcontractors, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 38.3.6. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Section 38.2. 38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 38.4.1. A mutually acceptable fixed fee or if none can be agreed upon, 38.4.2. A fee based on the following percentages of the various portions of the cost of the work: 38.4.2.1. For costs incurred under Sections 38.2.1 and 38.2.2, CONTRACTOR's fee shall not exceed ten percent (10%). 38.4.2.2. For costs incurred under Section 38.2.3, CONTRACTOR's fee shall not exceed seven and BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 115 one half percent (7.5%); and if a subcontract is on the basis of cost of the work plus a fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall not exceed ten percent (10%); and 38.4.2.3. No fee shall be payable on the basis of costs itemized under Sections 38.2.4 and 38.2.5, (except Section 38.2.5.3), and Section 38.3. 38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, however, CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. 38.6. Whenever the cost of any work is to be determined pursuant to Sections 38.2 and 38.3, CONTRACTOR will submit in a form acceptable to CONSULTANT an itemized cost breakdown together with the supporting data. 38.7. Where the quantity of any item of the Work that is covered by a unit price is increased or decreased by more than twenty percent (20%) from the quantity of such work indicated in the Contract Documents, an appropriate Change Order shall be issued to adjust the unit price, if warranted. 38.8. Whenever a change in the Work is to be based on mutual acceptance of a lump sum, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an initial cost estimate acceptable to CONSULTANT and Contract Administrator. 38.8.1. Breakdown shall list the quantities and unit prices for materials, labor, equipment and other items of cost. 38.8.2. Whenever a change involves CONTRACTOR and one or more Subcontractors and the change is an increase in the Contract Price, overhead and profit percentage for CONTRACTOR and each Subcontractor shall be itemized separately. 38.9. Each Change Order must state within the body of the Change Order whether it is based upon unit price, negotiated lump sum, or "cost of the work." BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 116 39. Notification and Claim for Chance of Contract Time or Contract Price: 39.1. Any claim for a change in the Contract Time or Contract Price shall be made by written notice by CONTRACTOR to the Contract Administrator and to CONSULTANT within five (5) calendar days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within twenty (20) calendar days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation shall be provided unless CONSULTANT allows an additional period of time to ascertain more accurate data in support of the claim and such notice shall be accompanied by CONTRACTOR's written notarized statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for changes in the Contract Time or Contract Price shall be determined by CONSULTANT in accordance with Article 12 hereof, if CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. 39.2. The Contract Time will be extended in an amount equal to time lost on critical Work items due to delays beyond the control of and through no fault or negligence of CONTRACTOR if a claim is made therefor as provided in Section 39.1. Such delays shall include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damages for Delay: No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance 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 actual delays due solely to fraud, bad faith or active interference on the part of CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 117 extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in accordance with and to the extent specifically provided above. 41. Excusable Delay: Compensable: Non-Compensable: 41.1 Excusable Delay. Delay which extends the completion of the Work and which is caused by circumstances beyond the control of CONTRACTOR or its subcontractors, suppliers or vendors is Excusable Delay. CONTRACTOR is entitled to a time extension of the Contract Time for each day the Work is delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as provided in Article 39 hereof. Failure of CONTRACTOR to comply with Article 39 hereof as to any particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular event of delay. Excusable Delay may be Compensable or non-Compensable: (a) Compensable Excusable Delay. Excusable Delay is Compensable when (i) the delay extends the Contract Time, (ii) is caused by circumstances beyond the control of the CONTRACTOR or its subcontractors, suppliers or vendors, and (iii) is caused solely by fraud, bad faith or active interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. CONTRACTOR shall be entitled to direct and indirect costs for Compensable Excusable Delay. Direct costs. recoverable by CONTRACTOR shall be limited to the actual additional costs allowed pursuant to Article 38 hereof. CITY and CONTRACTOR recognize and agree that the amount of CONTRACTOR's precise actual indirect costs for delay in the performance and completion of the Work is impossible to determine as of the date of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is delayed due to a Compensable Excusable Delay. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include, but not be limited to, all profit on indirect costs, home office overhead, acceleration, loss of earnings, loss of productivity, loss of BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 118 bonding capacity, loss of opportunity and all other indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be N/A per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. (b) Non-Compensable Excusable Delay. When Excusable Delay is (i) caused by circumstances beyond the control of CONTRACTOR, its subcontractors, suppliers and vendors, and is also caused by circumstances beyond the control of the CITY or CONSULTANT, or (ii) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or CONSULTANT, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial Completion: When CONTRACTOR considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and CONSULTANT in writing. CONSULTANT and CITY shall then promptly inspect the Work. When CONSULTANT, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, it will then prepare a Certificate of Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to include any items of corrective work on such list does not alter the responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to CITY through the Contract Administrator and CONTRACTOR for their written acceptance of the responsibilities assigned to them in such Certificate. 43. No Interest: Any monies not paid by CITY when claimed to be due to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, shall not be subject to interest including, but not limited to prejudgment interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness of payment, and the provisions of BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 119 Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 44. Shop Drawings: 44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical Specifications. The purpose of the Shop Drawings is to show the suitability, efficiency, technique of manufacture, installation requirements, details of the item and evidence of its compliance or noncompliance with the Contract Documents. 44.2. Within thirty (30) calendar days after the Project Initiation Date specified in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT a complete list of preliminary data on items for which Shop Drawings are to be submitted and shall identify the critical items. Approval of this list by CONSULTANT shall in no way relieve CONTRACTOR from submitting complete Shop Drawings and providing materials, equipment, etc., fully in accordance with the Contract Documents. This procedure is required in order to expedite final approval of Shop Drawings. 44.3. After the approval of the list of items required in Section 44.2 above, CONTRACTOR shall promptly request Shop Drawings from the various manufacturers, fabricators, and suppliers. CONTRACTOR shall include all shop drawings and other submittals in its certification. 44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings and each and every copy shall show this approval thereon. 44.5. If the Shop Drawings show or indicate departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not relieve CONTRACTOR from its responsibility to comply with the Contract Documents. 44.6. CONSULTANT shall review and approve Shop Drawings within twenty- one (21) calendar days from the date received, unless said Drawings are rejected by CONSULTANT for material reasons. CONSULTANT's approval of Shop Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CONSULTANT. Approval shall not relieve CONTRACTOR from responsibility for errors or omissions of any sort on the Shop Drawings. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/l 1/08 120 44.7. No approval will be given to partial submittals of Shop Drawings for items which interconnect and/or are interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawings for all such interconnecting and/or interdependent items, check them and then make one submittal to CONSULTANT along with its comments as to compliance, noncompliance, or features requiring special attention. 44.8. If catalog sheets or prints of manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typewritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CONSULTANT. Resubmissions of Shop Drawings shall be made in the same quantity until final approval is obtained. 44.10. CONTRACTOR shall keep one set of Shop Drawings marked with CONSULTANT's approval at the job site at all times. 45. Field Layout of the Work and Record Drawings: 45.1. The entire responsibility for establishing and maintaining line and grade in the field lies with CONTRACTOR. CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all pipe lines, conduits, structures, maintenance access structures, handholes, fittings and the like and shall prepare record or "as-built" drawings of the same which are sealed by a Professional Surveyor. CONTRACTOR shall deliver these records in good order to CONSULTANT as the Work is completed. The cost of all such field layout and recording work is included in the prices bid for the appropriate items. All record drawings shall be made on reproducible paper and shall be delivered to CONSULTANT prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans, Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CONSULTANT for reference. Upon Final Completion of the Project and prior to Final Payment, these record documents, samples and Shop Drawings shall be delivered to the Contract Administrator. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 121 45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR's record drawings or as-built drawings acceptable to CONSULTANT. 46. Safety and Protection: 46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 46.1.1. All employees on the work site and other persons who may be affected thereby; 46.1.2. All the work and all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 46.1.3. Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may affect them. All damage, injury or loss to any property referred to in Sections 46.1.2 and 46.1.3 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to CITY and CONTRACTOR that the Work is acceptable except as otherwise provided in Article 29 hereof. 46.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent unless otherwise designated in writing by CONTRACTOR to CITY. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 122 [ X ] 47. Final Bill of Materials: CONTRACTOR shall be required to submit to CITY and CONSULTANT a final bill of materials with unit costs for each bid item for supply of materials in place. This shall be an itemized list of all materials with a unit cost for each material and the total shall agree with unit costs established for each Contract item. A Final Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR submits the final bill of materials and CONSULTANT verifies the accuracy of the units of Work. 48. Payment by CITY for Tests: Except when otherwise specified in the Contract Documents, the expense of all tests requested by CONSULTANT shall be borne by CITY and performed by a testing firm chosen by CONSULTANT. For road construction projects the procedure for making tests required by CONSULTANT will be in conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR fails shall be paid for by CONTRACTOR. 49. Proiect Sian: Any requirements for a project sign shall be as set forth within the Technical Specifications section. 50. Hurricane Precautions: 50.1. During such periods of time as are designated by the United States Weather Bureau as being a hurricane warning or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the Project site in response to all threatened storm events, regardless of whether the CITY or CONSULTANT has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions will not constitute additional work. 50.3. Additional work relating to hurricane warning or alert at the Project site will be addressed by a Change Order in accordance with Section 37, General Conditions. 50.4. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the CITY has directed such suspension, will entitle the CONTRACTOR to additional Contract Time as noncompensable, excusable delay, and shall not give rise to a claim for compensable delay. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 123 51. Cleaning Up; City's Right to Clean Up: CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its waste materials and rubbish from and about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors responsible therefor as CONSULTANT shall determine to be just. 52. Removal of Equipment: In case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination. Equal Employment Opportunity, and Americans with Disabilities Act: CONTRACTOR shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CONTRACTOR shall not engage in or commit any discriminatory practice in violation of City of Miami Beach Ordinance No 92.2824 in pertorming any services pursuant to this Agreement. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 124 54. Proiect Records: CITY shall have the right to inspect and copy, at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon seventy-two (72) hours written notice. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 125 00900. SUPPLEMENTARY SPECIFICATIONS (Not Applicable) BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 126 00920. ADDITIONAL ARTICLES: [ ] 1. Prevailing Wage Rate Ordinance (NIA) This Project is not federally funded. City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally funded construction contracts in excess of one million dollars to which the. City of Miami Beach is a party, the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices employed by any contractor or subcontractor on the work covered by the contract, shalt not be less than the prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this Ordinance shall not apply to the following projects: a. water, except water treatment facilities and lift stations; b. sewer, except sewage treatment facilities and lift stations; c. storm drainage; d. road construction, except bridges or structures requiring pilings; and e. beautification projects, which may include resurfacing new curbs, gutters, pavers, sidewalks, landscaping, new lighting, bus shelters, bus benches and signage. [*NOTE: INSERT IF APPLICABLE] [ ] 2. Federal Grant Projects: (NIA) 2.1. By virtue of the fact that the funding of this Project will be delivered in full or in part from the United States government through federal assurances must follow the grant application in addition to any and all supervening assurances set forth in Rules and Regulations published in Federal Register or CFR. 2.2. Clauses, terms or conditions required by federal grantor agency are hereby attached and made a part of this Project Manual. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 127 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 94-2960 Contract No. No. Project Title The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage .rates of payments, contributions, or costs for fringe benefits have not been less than those required by City of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract. Dated , 20 STATE OF ) SS COUNTY OF ) (Contractor) By: (Signature) By: (Print Name and Title) The foregoing instrument was acknowledged before me this 20_, by personally known to me or who has produced identification and who did/did not take an oath. WITNESS my hand and official seal, this day of , 20_ (NOTARY SEAL) (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) My commission expires: BID NO: 43-07/08 DATE: 09/11/08 (Serial number, if any) CITY OF MIAMI BEACH 128 day of who is as 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) No. Contract No. ProjectTitle The undersigned CONTRACTOR hereby swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated , 20 STATE OF ) SS COUNTY OF ) Contractor By: (Signature) By: (Print Name and Title) The foregoing instrument was acknowledged 20_, by personally known to me or who has produced identification and who did/did not take an oath. WITNESS my hand and official seal, this (NOTARY SEAL) before me this day of who is as day of , 20_. (Signature of person taking acknowledgment) (Name of officer taking acknowledgment) (typed, printed or stamped) (Title or rank) My commission expires: BID NO: 43-07/08 DATE: 09/11/08 (Serial number, if any} CITY OF MIAMI BEACH 129 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: PROJECT OR DESIGNATED PORTION SHALL INCLUDE: The Work performed under this Contract has been reviewed and found to be substantially complete and all documents required to be submitted by CONTRACTOR under the Contract Documents have been received and accepted. The Date of Substantial Completion of the Project or portion thereof designated above is hereby established as which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or portion thereof designated by CITY is the date certified by CONSULTANT when all conditions and requirements of permits and regulatory agencies have been satisfied and the Work, is sufficiently complete in accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the issuance of a Certificate of Occupancy or the date thereof are not to be determinative of the achievement or date of Substantial Completion. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 130 A list of items to be completed or corrected, prepared by CONSULTANT and approved by CITY, is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. CONSULTANT BY In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within from the above Date of Substantial Completion. CONSULTANT CITY, through the designated by CITY BY DATE DATE Contract Administrator, accepts the Work or portion thereof as substantially complete and will assume full possession thereof at _ (time) on (date). City of Miami Beach, Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, heat, utilities, damage to the work and insurance shall be as follows: BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 131 00926. FINAL CERTIFICATE OF PAYMENT: PROJECT: (name, address) CONSULTANT: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR: CONTRACT FOR: NOTICE TO PROCEED DATE: DATE OF ISSUANCE: All conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by Section 5.2 of the Contract, and the final bill of materials, if required, have been received and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective work, has been completed in accordance with the provision of the Contract Documents and is accepted under the terms and conditions thereof. CONSULTANT BY DATE CITY, through the Contract Administrator, accepts the work as fully complete and will assume full possession thereof at (date). City of Miami Beach, Florida (time) By Contract Administrator uate BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 132 00930. FORM OF FINAL RECEIPT: [The following form will be used to show receipt of final payment for this Contract.] FINAL RECEIPT FOR CONTRACT NO. Received this day of 20 ,from City of Miami Beach, Florida, the sum of Dollars ($ ) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum includes full and final payment for all extra work and material and all incidentals. CONTRACTOR hereby indemnifies and releases CITY from all liens and claims whatsoever arising out of the Contract and Project. CONTRACTOR hereby certifies that all persons doing work upon or furnishing materials or supplies for the Project have been paid in full. In lieu of this certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment in a form satisfactory to CITY. CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If incorporated sign below.] CONTRACTOR ATTEST: (Secretary) (Corporate Seal) (Name of Corporation) By: (Signature) (Print Name and Title) day of , 20 F: WTTOW GU RWGREEM Nllfrontendlstdfrm.frten d.fn I.doc BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 133 [If not incorporated sign below.] WITNESSES: CONTRACTOR (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 F:\PURC\$ALL\Maria\Bids\07-08\ITB-43- 07-08 Infraestructure IMPROVEMENTS on Lenox AVENUE and 6th Street\ITB~3-07- 08.doc BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 134 [ X ] 00950. DRAWINGS INDEX: Specifications/Drawings for the Construction Improvements for the City of Miami Beach Infrastructure IMPROVEMENTS on Lenox Avenue and 6th Street has been prepared by: See CD for Drawings Index DESIGN TEAM The Primary Consultant for this project is Schwebke Shiskin, Hernando Navas, 954-435-7010. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 135 01000. ADDENDA AND MODIFICATIONS: All addenda and other modifications made prior to the time and date of bid opening shalC be issued as separate documents identified as Addendums to the Contract Documents. BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 136 02000. TECHNICAL SPECIFICATIONS: BID N0.43-07/08 FOR INFRASTRUCTURE IMPROVEMENTS TO LENOX AVENUE AND 6T" STREET SPECIFICATIONS See CD for Technical Specifications BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 137 04000. ACKNOWLEDGEMENT OF ADDENDA Invitation for Bid No. 43-07/08 FOR INFRASTRUCTURE IMPROVEMENTS TO LENOX AVENUE AND 6T" STREET Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this Bid. Verified with Procurement staff Name of Staff Bidders- Name Signature Date Date BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 138 05000. CUSTOMER REFERENCE LISTING General Contractor (and/or Sub-Contractors) shall furnish the names, addresses, telephone, fax numbers and a-mail addresses of a minimum of 8 references of a minimum of four (4) separate completed projects. 1) 2) Company Name Address Contact PersonlContractRmount Telephone: E-mail: Company Name Address Contact Person/Contract Amount, Telephone: E-mail: Fax: 3) Company Name Address Contact Person/Contract Amount Telephone: Fax: E-mail 4) Company Name Fax: Address Contact Person/Contract Amount Telephone: E-mail Fax: BID NO: 43-07/08 CITY OF MIAMI BEACH DATE: 09/11/08 139 5) Company Name Address Contact Person/Contract Amount Telephone: E-mail: Fax: 6) Company Name Address Contact Person/Contract Amou Telephone: E-mail: Fax: 7) Company Name Address Contact Person/Contract Amount Telephone: Fax: E-mail: 8) Company Name Address Contact Person/Contract Amount Telephone E-mail: Fax: ITB-43-07-08.doc 01010-140 CMB ROW PROGRAM 6~' and Lenox 06000. SUB-CONTRACTOR LISTING INFORMATION BID N0.43-07/08 FOR INFRASTRUCTURE IMPROVEMENTS TO LENOX AVENUE AND 6TH STREET SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT (NOT MORE THAN 40% OF THE ENTIRE PROJECT IS TO BE SUB-CONTRACTED) Name of Subcontractor Work to be performed % of Work to be performed (Telephone and fax no.l Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: Name: Tel: Fax: (Attach additional forms if necessary) The foregoing list of subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Contract Administrator, whose approval shall not be unreasonably withheld. ITB-43-07-08.doc 0]010-141 CMB ROW PROGRAM 6~' and Lenox SECTION 01010 -SUMMARY OF WORK PART 1 -GENERAL 1.01 THE REQUIREMENT A. WORK to be performed under this Contract shall consist of furnishing and installing all tools, equipment, materials, supplies, and manufactured articles and furnishing all labor, transportation, and services, including fuel, power, water, and essential communications, and performing all WORK, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. The WORK shall be complete, and all WORK, materials, and services not expressly indicated or called for in the Contract Documents which may be necessary for the complete and proper construction of the WORK in good faith shall be provided by the CONTRACTOR as though originally so indicated, at no increase in cost to the CITY. B. Wherever the term Project is used in these documents, it shall be construed to mean all WORK associate with the INFRASTRUCTURE IMPROVEMENTS FOR 6T" STREET AND LENOX AVENUE. C. Wherever the term CONSULTANT is used in these documents, it shall be construed to mean the registered professional engineer, architect, and/or landscape architect who has provided professional services for the design and permitting of the Project. D. Wherever the term CONTRACTOR is used in these documents, it shall be construed to mean the firm providing the materials and labor necessary for the construction of the project. E. Wherever the term PROGRAM MANAGER is used in these documents, it shall be construed to mean the entity responsible for coordination of all Project related issues between the CONTRACTOR and the CITY. The PROGRAM MANAGER shall be the official representative of the CITY throughout the duration of the Project. The PROGRAM MANAGER for this Project is Hazen and Sawyer, P.C. F. The CONTRACTOR shall interact with the CITY through the PROGRAM MANAGER. G. Whenever a reference to number of days is noted, it shall be construed to mean calendar days. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. The WORK will include but not be limited to site preparation; earthwork, milling and resurfacing, sidewalk replacements /reconstruction; storm drainage infrastructure installation; lighting; and streetscape /planting Improvements. B. The general location of the WORK section is as follows: ITB-43-07-08.doc 01010-142 CMB ROW PROGRAM 6~' and Lenox 6th Street bounded by the Alton Road to the west and Lenox Avenue to the east and Lenox Avenue bound by 5th Street to the south and 6th Street to the north. Only City Right of Way corridors within this area are included within the WORK, 5th Street and Alton Road are not included in the scope of this WORK. 1.03 STANDARD SPECIFICATION A. Except as noted, all materials and workmanship shall meet the requirements of the latest editions of the following publications: Miami-Dade County Public Works manual "Design and Construction Standards"; 2. The Florida Department of Transportation "Standard Specifications for Road and Bridge Construction, and its supplements; 3. The Florida Department of Transportation "Roadway and Traffic Design Standards"; 4. The Florida Department of Transportation "Structures Standards," dated 1992' ; 5. Miami-Dade Water and Sewer Department "Design and Construction Standard Specification and Details". 6. City of Miami Beach General ROW Program Design Standards Manual. 1.04 SITE INVESTIGATION A. The CONTRACTOR, by virtue of signing the Agreement, acknowledges that it has satisfied itself to the nature and location of the WORK, the general and local conditions including, but not restricted to: those bearing upon transportation; disposal, handling and storage of materials, availability of water and electric power; access roads to the site; the conformation and conditions of the WORK area; and the character of equipment and facilities needed preliminary to and during the performance of the WORK. Failure on the part of the CONTRACTOR to completely or properly evaluate the site conditions shall not be grounds for additional compensation. Failure by the CONTRACTOR to acquaint itself with all available information shall not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing the WORK. The CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by the CITY. B. Soil boring information may be furnished to the CONTRACTOR for its general information. Such data are not warranted to be correct; the CONTRACTOR, by virtue of signing the Agreement, acknowledges that it has satisfied itself as to the nature and extent of soil and (underground) water conditions on the project site. No additional payment will be made to the CONTRACTOR because of differences between actual conditions and those shown by the boring logs. ITB-43-07-08.doc 01010-143 CMB ROW PROGRAM 6~' and Lenox 1.05 WORK BY OTHERS A. Concurrent work by Other Contractors. The CONTRACTOR 'S attention is directed to the fact that work may be conducted at the site by other Contractors during the pertormance of the WORK under this Contract. The CONTRACTOR shall conduct its operations so as to cause little or no delay to work of such other Contactors, and shall cooperate fully with such Contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. B. Interference with WORK on Utilities. The CONTRACTOR shall cooperate fully with all utility forces of the CITY or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the WORK, and shall schedule the WORK so as to minimize interference with said relocation, altering, or other rearranging of facilities. 1.06 WORK SEQUENCE A. The CONTRACTOR shall schedule and perform the WORK in such a manner as to result in the feast possible disruption to the public's use of roadways, driveways, and utilities. Utilities shall include but not be limited to water, sewerage, drainage structures, ditches and canals, gas, electric, Internet, television, and telephone. Prior to commencing with the WORK, the CONTRACTOR shall perform a location investigation of existing underground utilities and facilities and shall have obtained all required permits and permissions. B. The CONTRACTOR shall deliver written notice to the CITY, PROGRAM MANAGER, and property occupants (private and public) of all planned disruption to roadway, sidewalks, driveways, and utilities 72 hours in advance of disruption. In addition, all notifications of planned disruptions shall be coordinated with the CITY's Capital IMPROVEMENTS Project Office (CIP), and PROGRAM MANAGER. C. If other projects will be connected to portions of WORK constructed as part of this project, it may be necessary to sequence portions of this project. The CONTRACTOR shall be responsible for coordinating construction activities and tie-ins with Contractor's of adjacent phases and sections as required. D. The CONTRACTOR shall sequence the WORK so as to minimize impact on residents. The CONTRACTOR shall notify schools, the City's Fire and Police Department, and the Post Office 14 days prior to planned disruptions. E. The CONTRACTOR shall construct stormwater Improvements in a manner that results in minimal impact to existing stormwater system pertormance. F. In addition to the above, the following restrictions shall be maintained: 1. WORK shall be allowed in two non-adjacent Phases, subject to CITY approval. ITB-43-07-08.doc 01010-144 CMB ROW PROGRAM 6~' and Lenox 2. The CONTRACTOR shall provide a detailed Maintenance of Traffic plans, for review and acceptance by the PROGRAM MANAGER and CITY prior to the commencement of any construction activities. 3. In no case shall more than 200 linear feet of roadways be under construction at one time. 4. All roadway surfaces within the Project area shall be milled and resurfaced. Asphalt transitions between new and existing pavement at the limit of work shall be placed at a maximum slope of five (5°I°) percent. The CONTRACTOR shall provide temporary asphalt patching for any pavement disturbed during the installation of proposed water main, stormwater, and/or hardscape Improvements, at the end of each workday. 6. The CONTRACTOR shall make necessary provisions to provide access to all driveways at the end of the working day. 7. The CONTRACTOR shall make every effort to provide access to storefronts / businesses for delivery and pedestrian traffic purposes at all times. Access to all businesses shall be maintained at all times during construction. 8. All corrective work on private property necessitated by damage that may have occurred during construction activities, including but not limited to the restoration of landscaping, driveways, sidewalks, and utility connection must be complete before the WORK is considered substantially complete. 9. Construction within the right-of-way of affected roads shall be scheduled so that all Improvements are completed at once, and residents are only disrupted for one time period. 10. All affected residents shall be notified a minimum of seventy-two (72) hours prior to a shut off of water supply. Any water supply interruptions shall be scheduled to be as short as possible and not exceed four (4) hours in duration. For multi-family apartments or condominium complexes, written notice of planned disruptions maybe directed to Condominium Association's Management Companies, Condominium Association's Board of Directors, Apartment Property Managers or other property managing companies or individuals via certified mail; for single family residences written notices shall be directed to the residents via door hangers. All notifications of planned disruptions shall be coordinated with the PROGRAM MANAGER, the CITY and the City of Miami Beach Public Works Department. 11. The CONTRACTOR shall submit a written request to the City of Miami Beach Fire Department and the City of Miami Beach Public Works Department for shut-off of potable water or fire main supply, a minimum of ninety-six (96 hours), prior to the scheduled shut-off. The CONTRACTOR shall obtain written confirmation from the City of Miami Beach Fire Department and the City of Miami Beach Public Works Department. Note that ONLY the City of Miami Beach Public Works Department is authorized to shut-off any potable water or fire main supply lines. ITB-43-07-08.doc 010] 0-145 CMB ROW PROGRAM 6~' and Lenox 12. Access for emergency vehicles shall be maintained at all times to all residences and businesses. 13. Excavations must be back-filled or barricaded at the end of each workday to prevent hazardous conditions. If a trench, excavation or structure is to be left open, it must be covered with a steel plate and made accessible to residents at the end of each workday or when work will be suspended for more than eight (8) hours. 14. The CONTRACTOR shall coordinate with the appropriate local agencies and private companies, which may provide services to the residents, as required to provide uninterrupted bus, school bus, garbage collection, mail delivery and other service during the WORK period. A traffic maintenance plan indicating proposed street closings, schedules, and alternate routes, which have been approved by the applicable jurisdictional agency, should be submitted to all affected agencies and companies for coordination and routing purposes. 15. Transportation provisions for handicapped or disabled residents shall be made by the CONTRACTOR if construction prevents access to homes. 16. Materials and equipment shall be stored in a fenced or otherwise enclosed area during non-working hours. Pipe and material shall not be strung out along installation routes, for more than one workday. CONTRACTOR shall store minimal amount of material on site. 17. Staging areas are the full responsibility of the CONTRACTOR. 18. Existing lighting systems shall be maintained in operation at all times during construction. In this effort, the CONTRACTOR shall provide temporary power supply and/or temporary lighting when necessary to maintain lighting conditions that meet a minimum of pre-existing conditions. 19. CONTRACTOR shall schedule and coordinate all parking related signage and street markings demolition and installation with the City of Miami Beach Parking Department. 20. The CONTRACTOR shall restrict parking for its employees and sub-contractors within the staging areas and/or swales adjacent to the work area. If necessary, the CONTRACTOR shall provide additional off-site storage, staging and parking as necessary at no additional cost to the contract. CONTRACTOR shall maintain all staging areas until the project is completed. E. Substantial Completion: Project Substantial Completion for the Project, as defined in the General Conditions, shall be achieved within 180 calendar days of the Notice-to- Proceed. F. Final Completion: Project Final Completion the Project, as defined in the General Conditions, shall be achieved within 210 calendar days of the Notice-to-Proceed. ITB-43-07-08.doc 01010-146 CMB ROW PROGRAM 6'" and Lenox 1.07 TRAFFIC CONTROL A. The CONTRACTOR shall submit a weekly Traffic Impact Plan to the CITY and PROGRAM MANAGER by Wednesday of each week to allow for notification of anticipated road closures to public entities located in and doing business in the project area. The Traffic Impact Plan shall identify streets that are under construction and construction activities that may impact vehicular and pedestrian traffic. B. The Maintenance of Traffic Plans shall be prepared in accordance the Current Edition of the Florida Department of Transportation Standard Specification for Road and Bridge Construction, Florida Department of Transportation Design Standard for Road and Bridge Construction, and the Miami-Dade County Public Works Department Manual for Design and Construction. C. The "Maintenance of Traffic" plan shall address pedestrian traffic as well as vehicular traffic. D. The CONTRACTOR, at all times, shall conduct the WORK in such a manner as to insure the least obstruction to traffic as is practical. Convenience of the general public and of the residents adjacent to the work shall be provided for in a satisfactory manner, as determined by the CITY. E. Fire hydrants on or adjacent to the WORK shall be kept accessible to fire apparatus at all times, and no material or obstruction shall be placed within twenty (20) feet of any such hydrant. F. All existing stop signs and traffic signalization shall be maintained in operating conditions at all times during construction. G. When permission has been granted by the City of Miami Beach Public Works Department to close an existing roadway, the CONTRACTOR shall furnish and erect signs, barricades, lights, flags and other protective devices, which shall conform to the requirements, and be subject to the approval of the jurisdictional agency. The CONTRACTOR shall furnish and maintain proper protective devices at such location for the entire time of closure as the jurisdictional agency may direct. Signage shall be affected one week before closure. H. The CONTRACTOR shall furnish a sufficient number of protective devices to protect and divert the vehicular and pedestrian traffic from working areas closed to traffic, or to protect any new work. Failure to comply with this requirement will result in the shut down of the work until the CONTRACTOR provides the necessary protection. In areas where there are existing pavement markings, the CONTRACTOR shall install temporary pavement markings any time traffic is diverted for a period of time that will exceed one work day or as allowed by the City of Miami Beach Public Works Department. Existing pavement markings that conflict with the new work zone traffic pattern must be obliterated. Painting over existing pavement markings (black out) shall not be permitted. ITB-43-07-08.doc 010] 0-147 CMB ROW PROGRAM 6~' and Lenox 1.08 WORK SCHEDULE A. Time is of the essence in completing this project. Because time is of the essence, the CONTRACTOR shall commit the necessary resources to this project to complete it in a timely manner. Note that a typical workday will be based on hours between 8:30 am and 4:30 pm, Monday through Friday, excluding holidays. If the CONTRACTOR wishes to work longer hours than those specified herein, it shall request so, in writing, by Wednesday of each week. WORK completed at other than regular working hours should be easily observable by CITY and/or PROGRAM MANAGER staff on the subsequent day. If the CONTRACTOR proposes to complete work that will be "covered up" after normal working hours, it shall reimburse CITY for costs associated with the observation of such work. B. The Construction progress will be measured with the construction schedule submitted by the CONTRACTOR. If the PROGRAM MANAGER determines that the CONTRACTOR does not meet the Critical Path Method (CPM), the CONTRACTOR shall be required to commit those resources necessary to ensure the completion of the project in a timely manner. All costs incurred to implement measures to complete the WORK in timely manner shall be borne by the CONTRACTOR. C. SCHEDULE CONTRACTOR shall submit scheduling information for the WORK. 2. No separate payment shall be made for preparation and/or revision of the schedule. 1.09 COMPUTATION OF CONTRACT TIME A. It is the CONTRACTOR's responsibility to provide clear and convincing documentation to the CITY and PROGRAM MANAGER as to the effect additional WORK will have with respect to additional contract time extension requirements. If additional quantities of WORK can be carried out concurrent with other existing construction activities without disrupting the critical path of the project then no contract time extension will be granted. B. The CONTRACTOR is obligated to provide documentation to the CITY and PROGRAM MANAGER if additional elements of WORK affect the critical path of the project. If WORK set forth in the original scope of the project is deleted, the contract time may be reduced. This contract is a calendar day contract. While the CONTRACTOR may be granted time to suspend WORK operations for vacations or holidays, contract time will not be suspended. During suspensions, the CONTRACTOR shall be responsible for all maintenance of traffic and liability without additional compensation from the CITY. In addition, CONTRACTOR shall comply with timely notice requirements as specified in the General Conditions. 1.10 PRE-CONSTRUCTION CONFERENCE A. Thirty (30) days prior to the start of construction activities, a Pre-Construction Conference will be held between the CONTRACTOR, PROGRAM MANAGER, CITY, other interested agencies, representatives of utility companies and others affected by ITB-43-07-08.doc 01010.148 CMB ROW PROGRAM 6~' and Lenox the WORK. The time and place of this conference will be set by the PROGRAM MANAGER. The CONTRACTOR shall take to the conference a copy of its preliminary WORK schedule for review and comment by the PROGRAM MANAGER and the CITY. The schedule shall include sequences of operation and time schedule. The WORK shall be performed in accordance with such schedule or approved amendments thereto. 1.11 UTILITY LOCATIONS A. To the extent possible, some existing utility lines in the project area have been shown on the plans. However, neither the CONSULTANT, PROGRAM MANAGER, and/or CITY guarantee that all lines are shown, or that said lines are shown in their true location. It shall be the CONTRACTOR's responsibility to identify and locate and relocate /design around all underground and/or overhead utility lines or equipment affected by the project. No additional payment will be made to the CONTRACTOR because of discrepancies in actual and plan shown /not shown location of utilities and damages suffered as a result thereof of lines shown on the plans. B. The CONTRACTOR shall notify each utility company with known /suspected utilities in the Project area at least thirty (30) days prior to the start of construction to arrange for positive underground location, relocation or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water mains or other utilities for the convenience of the CONTRACTOR shall be paid for by the CONTRACTOR. All charges by utility companies for temporary support of their utilities and permanent utility relocations to avoid conflict shall be the responsibility of the CONTRACTOR and the utility company involved. C. The CONTRACTOR shall schedule and coordinate its WORK in such a manner that it is not delayed by the utility companies relocating or supporting their utilities. No compensation will be paid to the CONTRACTOR for any loss of time or delay. D. All overhead, surface, or underground structures and/or utilities encountered are to be carefully protected from damage or displacement. All damage to said structures and/or utilities is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy any damage by ordering outside parties to make repairs at the expense of the CONTRACTOR. All repairs made by the CONTRACTOR are to be made to the satisfaction of the Utility Owner and shall be inspected by a representative of the Utility Owner and the CITY. E. Within forty-eight (48) hours before excavating, the CONTRACTOR should call the CITY, for assistance with locating City-owned utilities. The CONTRACTOR shall contact Sunshine State One Call of Florida (1-800-432-4770) for free locating service for utilities for contractors and excavators. Within forty-eight (48) hours before excavating, the CONTRACTOR should call Sunshine State One Call of Florida Inc., and a locator will be dispatched to the WORK location. The CONTRACTOR shall coordinate with the utility companies not included in the Sunshine State One Call of Florida, Inc. location service. ITB-43-07-08.doc 01010-149 CMB ROW PROGRAM 6'" and Lenox 1.12 LINE AND GRADE A. The CONTRACTOR shall provide vertical and horizontal control for layout of the WORK in the form of bench marks and reference points located adjacent to the WORK. From these controls provided, the CONTRACTOR shall develop and make all detailed surveys needed for construction and shall establish all working points, lines, and elevations necessary to perform the WORK. This surveying WORK shall be supervised by a Professional Land Surveyor registered in the State of Florida. 1.13 PROTECTION AND RESTORATION OF SURVEY MONUMENTS A. The CONTRACTOR shall carefully protect from disturbance all survey monuments, stakes and bench marks, whether or not established by it, and shall not remove or destroy any surveying point until it has been properly witnessed by a representative of the CITY. All major survey monuments that have been damaged by the CONTRACTOR such as section corners, 1/4 section corners, property corners or block control points, shall be replaced at the CONTRACTOR's expense with markers of a size and type approved by the CITY through the PROGRAM MANAGER. All replacements shall be under the supervision of a Florida Registered Land Surveyor. The CONTRACTOR shall document survey monuments prior to construction and submit the location and type of all markers to the CITY. 1.14 EQUIPMENT A. All equipment necessary and required for the proper construction of all work shall be on the construction site, in first-class working condition. 1.15 OWNERSHIP OF EXISTING MATERIALS A. All materials removed or excavated from the job site shall remain the property of the CITY until released by the PROGRAM MANAGER or CITY, at which time it shall become the property of the CONTRACTOR, who shall dispose of it in a manner, complying with all applicable jurisdictional requirements. 1.16 EXCESS MATERIAL A. All vegetation, debris, concrete or other unsuitable materials shall be disposed of off- site in approved areas provided by the CONTRACTOR. Storage of unsuitable materials on site shall not be allowed. All unsuitable materials are to be removed from work site as they are generated. Any excess material desired to be retained by the CITY shall be delivered by the CONTRACTOR to a designated area within a 5 mile radius of the project, at no extra cost to the CITY. 1.17 AUDIO-VISUAL PRECONSTRUCTION RECORD A. General: 1. The CONTRACTOR shall engage the services of a professional electrographer. The color audio-video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio video tape documentation. The electrographer shall furnish to the ITB-43-07-08.doc 01010-I50 CMB ROW PROGRAM 6~' and Lenox PROGRAM MANAGER a fist of all equipment to be used for the audio-video taping i.e., manufacturer's name, model number, specifications and other pertinent information. Additional information to be furnished by the electrographer are the names and addresses of two references that the electrographer has performed color audio-video taping for on projects of a similar nature within the last 12 months. 2. Prior to beginning the WORK, the CONTRACTOR shall have a continuous color audio-video tape recording taken along the entire length of the project to serve as a record of preconstruction conditions. No construction shall begin prior to review and approval of the tapes covering the construction area by the PROGRAM MANAGER. The CITY, through the PROGRAM MANAGER, shall have the authority to reject any and/or all portions of the video tape not conforming to the specifications and order that it be redone at no additional cost to the Project. The CONTRACTOR shall reschedule unacceptable coverage within five days after being notified. The CITY, through the PROGRAM MANAGER, shall designate those areas, if any, to be omitted from or added to the audio-video coverage. B. Audio-Video Tapes: Audio-Video tapes shall be new. Reprocessed tapes will not be acceptable. The tapes shall be one half inch, high energy, extended still frame capable video cassettes. They shall be interchangeable with the color video cassette player and shall be compatible for playback with a standard player-receiver, VHS format. 2. CONTRACTOR shall provide the PROGRAM MANAGER two complete sets of tapes for each of the project areas. C. Equipment: All equipment, accessories, materials and labor to perform this service shall be furnished by the CONTRACTOR. 2. The total audio-video system shall reproduce bright, sharp, clear pictures with accurate colors and shall be free from distortion, tearing, rolls or any other form of imperfection. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume and clarity and be free from distortion and interruptions. 3. When conventional wheeled vehicles are used, the distance from the camera lens to the ground shall not be less than twelve feet. In some instances audio- video tape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking or special conveyance approved by the CITY and PROGRAM MANAGER. 4. The color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal to noise ratio of 45 d6 and a minimum illumination requirement of 25 foot-candles. ITB-43-07-08.doc 01010-151 CMB ROW PROGRAM 6'" and Lenox D. Recorded Information -Audio: Each tape shall begin with the current date, project name and municipality and be followed by the general location, i.e., name of street, house address, viewing side and direction of progress. The audio track shall consist of an original live recording. The recording shall contain the narrative commentary of the electrographer, recorded simultaneously with his fixed elevation video record of the zone of influence of construction. E. Recorded Information -Video All video recordings must, by electronic means, display continuously and simultaneously generated with the actual transparent digital information to include the date and time of recording, and station numbers as shown on the drawings. The date information shall contain the month, day and year. The time information shall contain the hour, minutes and seconds. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, name of street, house address, direction of travel and the viewing side. This transparent information shall appear on the extreme upper left hand third of the screen. 2. All taping shall be done during times of good visibility. No taping shall be done during precipitation, mist or fog. The recording shall only be done when sufficient sunlight is present to property illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. The rate of speed of the vehicle used during taping shall not exceed 10 miles per hour. Panning, zoom-in and zoom-out rates shall be sufficiently controlled to maintain a clear view of the object. 4. Tape coverage shall include all surface features located within the zone influence of construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, ditches, mailboxes, landscaping, culverts, fences, signs and headwalls within the area covered. Particular attention should be paid to those items outside or adjacent to the work limits that may become damaged during construction. 1.18 ADJUSTING EXISTING VALVES, METERS, CATCH BASINS, AND MAINTENANCE ACCESS STRUCTURES (i.e. MANHOLES) A. It shall be the CONTRACTOR's responsibility to coordinate and have all adjustments made to existing water meters, valves, and structures encountered during construction, to meet all final grades, unless otherwise instructed by the respective utility owner. All valves and maintenance access structures shall be accessible during all phases of the WORK for emergency access. Omission of such structures from the conceptual plans does not relieve the CONTRACTOR from making such adjustments as may be deemed necessary. ITB-43-07-08.doc 01010-152 CMB ROW PROGRAM 6~' and Lenox 1.19 CONFLICT STRUCTURES A. The CONTRACTOR shall abide by the following criteria concerning conflicts between new drainage, water, or sewer construction and existing utilities. The CONTRACTOR shall verify the location of all utilities suspected of being potential conflicts prior to ordering materials for these locations. 2. The CITY through the PROGRAM MANAGER shall have full authority to direct the placement of conflict structures, the relocation of structures shown in the plans, and the addition, deletion, or relocation of any pipe shown in the plans to facilitate construction, expedite completion and avoid conflicts with existing utilities. 3. Where an existing utility is to pass through a conflict structure, the CONTRACTOR shall protect the utility from damage by whatever means the utility owner deems necessary. 4. In no case shall there be less than 0.3 feet between any two (2) pipe lines within the structure or between pipe lines and the structure. 1.20 ENVIRONMENTAL PROTECTION A. The CONTRACTOR shall furnish all labor and equipment and perform all WORK required for the prevention of environmental pollution during and as a result of the WORK under this contract. For the purpose of this contract, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic and recreational purposes. The control of environmental pollution requires consideration of air, water, land and involves noise, solid waste management and management of radiant energy and radioactive materials, as well as other pollutants. B. The CONTRACTOR shall take all steps necessary to protect water quality in the connected waters around the project and shall utilize such additional measures as directed by the CITY. Silt screens shall not be removed until the turbidity of the affected waters is equal to or lower than the ambient turbidity of undisturbed segments of adjacent surface waters. C. The .CONTRACTOR shall implement a Stormwater Pollution Prevention Plan in accordance with the Florida Department of Environmental Protection minimum requirements. The CONTRACTOR shall obtain and prepare all documents necessary to obtain a Florida Department of Environmental Protection National Pollution Discharge Elimination System Permit for Construction Activities. All cost associated with this activity shall be included in the Lump Sum Bid Price. D. All protection requirements covered by this subsection shall be in compliance with all applicable jurisdictional agency requirements. ITB-43-07-08.doc 01010-153 CMB ROW PROGRAM 6~' and Lenox 1.21 BASIS OF PAYMENT A. The CONTRACTOR's Professional Land Surveyor will measure all "As-built" quantities for payment. In the event of disputes as to quantity, the PROGRAM MANAGER shall make the final determination; no additional compensation will be made for surveying services. This WORK shall be supervised by a Florida Licensed Registered Professional Land Surveyor. B. The CONTRACTOR shall not be permitted to invoice for quantities of WORK beyond those contained in the contract and all previously approved change orders. Invoice for partial payment shall not be accepted by CITY through the PROGRAM MANAGER as complete without the following: Certificate of payment to subcontractors. 2. Updated Construction Schedule 3. Release of Liens from subcontractors 1.22 APPLICATION FOR PAYMENT FOR STORED MATERIALS A. The CONTRACTOR is advised that the CITY will pay for stored materials on a case by case basis. In general, large lots /quantities of materials (i.e. stormwater main, lighting fixtures), will be considered for payment as stored materials. B. As staging areas are limited in the Project WORK zones, the CONTRACTOR shall retain full responsibility for storage of all such materials in accordance with manufacturer recommended procedures, subject to acceptance by the CITY. C. In case of off-site storage, the CONTRACTOR shall provide proof of bonded storage, to the CITY's satisfaction, as a condition of any release of payments for stored materials to the CONTRACTOR. D. When stored off-site, the CONTRACTOR shall make all materials available for inspection within 24 hour notice. 1.23 VIBRATORY COMPACTION A. The use of vibratory compaction equipment shall be limited to a total gross weight of three (3) tons. The use of vibratory equipment shall be limited to compacting backfill of utility trenches and subgrade of roadways only. If approved in writing by the CITY through the PROGRAM MANAGER, larger vibratory compaction equipment may be allowed if operated in a static mode only. The CONTRACTOR shall be responsible for addressing and settling all damages /claims that may result from its compaction activities on the surrounding neighborhood and its residents. 1.24 REPORTING OF DAMAGE CLAIMS A. The CONTRACTOR shall keep the CITY and PROGRAM MANAGER informed of any damage claims made against the CONTRACTOR during the construction period. All claims for automobile damage, property damage and/or bodily injury will be reported to the CITY and PROGRAM MANAGER within 24 hours of receipt of notice. ITB-43-07-08.doc 01010-154 CMB ROW PROGRAM 6~' and Lenox CONTRACTOR will conduct a timely investigation of the claim and determine if they will honor claim and/or report to their insurance carrier and provide periodic updates, each quarter, until final disposition of claims. The CONTRACTOR will advise the CITY and PROGRAM MANAGER in writing of its decision/referral to carrier. 1.25 PERMITS A. It shall be the CONTRACTOR's responsibility to secure all permits of every description required to initiate and complete the work under this Contract, except for permits obtained by the CITY. B. The CONTRACTOR shall furnish to the CITY and PROGRAM MANAGER copies of all permits prior to commencement of work requiring permits. C. The CONTRACTOR shall be responsible for procuring extension permits as required throughout the duration of the project. D. An allowance for Permit Fees of $10,000 is included in the Schedule of Prices. 1.26 DIMENSIONS OF EXISTING FACILITIES A. Where the dimensions and locations of existing Improvements are of critical importance in the installation or connection of new work, the CONTRACTOR shall verify such dimensions and locations in the field prior to the fabrication and/or installation of materials or equipment which are dependent on the correctness of such information. PART 2 -PRODUCTS (Not Applicable) PART 3 -EXECUTION (Not Aoolicablel - END OF SECTION - ITB-43-07-08.doc 01010-155 CMB ROW PROGRAM 6~' and Lenox