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TABLE OF CONTENTS
TABLE OF .CONTENTS PAGE „_ `°"_. ~~ NOTICE FOR BIDS ...................................................... ...................6 ................................ NO BID NOTIFICATION FORM ..................................................................................... 9 00100. GENERAL INSTRUCTIONS TO BIDDERS ............................................. 10 00200. DEFINITIONS ..........................................................................................11 00300. INSTRUCTIONS TO BIDDERS ................ ............................................... 15 1. Examination of Contract Documents and Site ............................... 15 2. Pre-Bid Interpretations ....................................... ........................... 15 3. Submitting Bids .:............................................... 16 ............................ 4. Printed Form of Bid ....................................................................... 16 5. Bid Guaranty ................................................................................. 16 6. Acceptance or Rejection of Bids ................................................... 16 7. Determination of Award .......................... ........................... 17 ............ 8. Evaluation ......................................................... .... 17 ........................ 9. Contract Price ..... ...... ....... .......... ......... . 17 10. Postponement of Date for Presenting and Opening of Bids .......... 17 11. Qualifications of Bidders ..................... ........................... 17 ............... 12. Addenda and Modifications ............................ ,.,,,,,,,,,, 18 ................... 13. Prevailing Wage Rates .................................................................. 18 14. Occupational Health and Safety .................................................... 18 15. Environmental Regulations ........................................................... 19 16. "Or Equal" .Clause ................................... ................ 19 ...................... 17. Protested Solicitation and Award .................................................. 19 18. Financial Stability and Strength ............................. ,.,,,.,. 20 ................ 19. .Equal Benefits Ordinance... ...... ..........20 ............................ 003Q5. ADMINISTRATIVE EVALUATION PROCESS ............ ........................30 00310. CITY COMMISSION AUTHORITY .................................................. 32 00315. BID SUBMISSION REQUIREMENTS ...............................................34 Contents of Qualification Statement ...............................................34 A. Identification Page and Table of Contents Page ...........................34 B. Qualification and Experience of the Contractor's Team ..................34 C. Past Pertormance ... ................. 35 .. , ..................................... D. Risk Assessment Pfan/Value Added Submittal/Project Schedule.... 35 E. Bid Price ............................................................... ... ... ... ......36 BID No. 48-07/08 CITE' OF MIAIMI BEACH DATE: 09/30/08 Page } of } 44 TABLE OF CONTENTS 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) .................. ............................... ............ Risk Assessment Plan Guide .............. ...........................................40 Risk Assessment PlanNalue-Added Submittals Format .....................41 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 .................................................................. 50 00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................ 59 00500. SUPPLEMENT TO BID/TENDER FORM QUESTIONNAIRE .......................... .............................. .............. . 61 00520. SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE . ......................... ........................... 68 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION ....................................... 69 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT ........................................................................... 71 00550. RECYCLED CONTENT INFORMATION ................................................. 73 00600. CONTRACT ............................................................................................. 74 00708. FORM CERTIFICATE OF INSURANCE .................................................. 83 00710. FORM OF PERFORMANCE BOND ........................................................ 84 00720. FORM OF PAYMENT BOND ................................................................... 87 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL .................................. 90 00735. PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT ................................................ 91 BID No. 48-07/08 CITY OF MIAIMI BEACH ;~ DATE: 09/30/08 Page 2 of l 44 TABLE OF CONTENTS 00800. GENERAL CONDITIONS ........................................................................ 93 1. Project Manual 2. ..................................................................93 Intention of City ... . 3. . ......................................... ............. .................. 93 Preliminary Matters 4. .................... 94 ................................................... Pertormance Bond and Payment Bond 5. ......................................... 95 Qualification of Surety 6. ............................ ,....,,.._. 96 ............................ Indemnification 7. ...................... 97 ........................... ..... Insurance Requirements . 8. .................... ..., gg ....................................... Labor and Materials 9. ...................... ....101 .......................................... Royalties and Patents 10. ........................................ ......................... 101 Weather 11. ................. 101 ..................................................................... Permits, Licenses and Impact Fees 12. ............................................ 102 Resolution of Disputes 13. ................................................................ 102 Inspection of Work 14. ............... 103 ...................................................... Superintendence and Supervision 15. .............................................. 104 City's Right to Terminate Contract 6. ..................... .... 105 ..................... Contractor's Right to Stop Work or Terminate Contract ............................................. ............ 106 ............ Assignment ..... 18. ........................................... ........ ......................... 106 Rights of Various Interests 19. ..........................................................107 Differing Site Conditions 20. ................ ..107 ............................................ Plans and Working Drawings 21. ............................. ..108 Contractor to Check Plans, ~~~~~~~~~~~~~~~~~ Specifications, and Data ...................................... 108 22. ................. Contractor's Responsibility for Damages and Accidents 23. ............... ... 108 ........................................... Warranty .............. 24. .......................................................... ..... ......... 108 Supplementary Drawings 25. ............................................................ 109 Defective Work 26. ............................................................................ 109 Taxes . 27. ......................... ....110 ........................................ Subcontracts ~~~~~~~~~~~~"'~""' 28. .................................................. ............................. 0 Separate Contracts 29. ..................................................................... 110 Use of Completed Portions 30. ......................................................... 111 Lands for Work 31. ................................... .........112 . . . ............................. Legal Restrictions and Traffic Provisions 32. .........................,.......... 112 Location and Damage to Existing Facilities, Equipment or Utilities 33. .................................................. 112 Value Engineering ..... 34. ............... ....113 ............................................... Continuing the Work .................................................................... 114 BID No. 48-07/08 CITY OF MIAIMI BEACH DATE: 09/3 0/08 Page 3 of 144 35, Changes in the Work or Terms of Contract Documents . 114 . ............................................................. 36. Field Orders and Supplemental Instructions ............................... 114 37. Change Orders ............................................................................ 115 38. Value of Change Order Work .............................. 115 ........................ 39. Notification and Claim for Change of Contract Time or Contract Price . 120 . ................................................ 40. No Damages for Delay ..................................... 121 ........................... 41. Excusable Delay; Compensable; Non-Compensable ....................................... 121 ............................... 42 Substantial Com leti . p on ............................................................... 122 43 No Interest . .................................................................................. 123 44. Shop Drawings ............................................................................ 123 45. Field Layout of the Work and Record Drawings ....................... 124 46. Safety and Protection ................................... 125 ............................... 47 Final Bill of Materials . ................................................................... 126 48 Payment b Cit for T t . y y es s ........................................................... 126 49. Project Sign ................................................................................. 126 50 Hurricane Precautions . ................................................................. 126 51. Cleaning Up; City's Right to Clean U 127 p ......................................... 52. Removal of Equipment ................................. 127 . ............................... 53. Nondiscrimination, Equal Employment Opportunity, and Americans with Disabilities Act ............................... 127 .............. 54. Project Records ...................... 128 ..................................................... 00900. SUPPLEMENTARY EXHIBITS/SPECIFICATIONS ............................... 129 00920. ADDITIONAL ARTICLES . 129 . ................................ ......................... 1. Prevailing Wage Rate Ordinance ................................................ 129 2. Federal Grant Projects ..................... 129 ....... ......................... 00922. STATEMENT OF COMPLIANCE (PREVAILING WAGE RATE ORDINANCE NO. 83-72) ......................... 129 00923. STATEMENT OF COMPLIANCE (DAVIS BACON ACT) ............................................................................ 131 00925. CERTIFICATE OF SUBSTANTIAL COMPLETION ............................... 132 00926. FINAL CERTIFICATE OF PAYMENT .................................................... 134 00930. FORM OF FINAL RECEIPT ................................................................... 135 00950. PLANS AND SPECIFICATIONS ............................................................ 137 01000. ADDENDA AND MODIFICATIONS ....................................................... 138 BID No. 45-07/OS CITY OF MIAIMI BEACH Page 4 of ] 4~4 02000. TECHNICAL SPECIFICATIONS ............................................................ 138 04000. ACKNOWLEDGEMENT OF ADDENDA ................................................ 140 05000. CUSTOMER REFERENCE LISTING .............................................141 06000. PROPOSED SUB-CONTRACTOR LISTING INFORMATION ............. 144 FOR INFORMATIONAL PURPOSES ONLY ADDENDUMS NO. 1 THRU 7 FROM FIRST SOUTH POINTE BID NO. 13-07/08. BID No. 48-07/08 CITT OF MIAIMI BEACH ,:~'~'"' DATE: 09/30/08 Page 5 of l 44 m MJAP,~IBEACH City of iv{iame Baaah, 170G Convention C;~nler Drive, Miami fienrh, FlrrirJa ;i;: i.it>, WVJW.71; Ktm1EleBCfl tl,CJOv PROC.UP.Eh",ct•••17 ~fVISION ~,y~S~I~ ~'`'~~-~-f~~ Toi: ~,0~-h73-?C90; fa>:: 780.394.400? INVITATION TO BID (ITB) N0. 48-07/08 FOR RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR BID PACKAGE NO. 12C: SOUTH POINTE PHASE II Miami Beach, Florida 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 29 day of October, 2008, for Construction Related Services for Bid Package No. 12C: South Pointe Phase II. ~„, Scope of Work The Work specified in this bid package, and corresponding contract, comprises the construction of the infrastructure site work for-the Right of Way Infrastructure Improvement Program -South Pointe Phase 11 Streetscape Improvements. The work will include, but not be limited to, site preparation, earthwork, demolition, storm drainage, road and walkway paving, water, lighting, planting, irrigation, and graphics. The Prime Contractor should be a utility contractor, pertorming at least 5Q°/a of the work with hislher own workforce. Estimated Budget: The estimated construction cost is $9.5 million. Bid Guaranty: A Bid Guaranty of 5% is required with bid submission, and the successful Bidder executing the Contract will be required to provide Pertormance 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 Ctass 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 the bidder. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. BID No. 45-07/08 CITY OF MIAIMI BEACH DATE: 09/30/08 Page 6 of 144 ,.--~ A Pre-Bid Conference is scheduled for 11:00 a.m. on October 9, 2008 at the following address; City of Miami Beach, City Hall, 4 Floor, 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 PamelaLeja@miamibeachfl.gov expressing your intent to participate via telephone. Plans and Specifications for this project are available in digital format on CDs. Please call Pamela Leja at 305.673.7490, ore-mail guslopezCu7miamibeachfl aov to secure a CD set of the Plans and Specifications. The cost for these CDs is $40.00; company checks and cash accepted, no credit cards please. The CDs can be picked up in the Procurement Division, 3'~ 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 for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Intemet access should review the registration options at the following website: www.rtodepot.com If you do not have Internet access, please call the RFP Depot's vender support group at 801- 765-9245. The City of Miami Beach also utilizes BidNef for automatic notification of bid opportunities and document fulfillment. This system allows for vendors to register online and receive notification of new bids, amendments and awards. Vendors with Intemet access should review the registration options at the following website: www.vovbids.com/scripts/southflorida/vublic/home1 aso 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 City's Procurement Division's web page at http://www.miamibeachfl.aov/newcity/depts/purchase/bidintro asp Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by e-mail to ~u_slopezCa~miamib~achfl raov, mail, or facsimile, to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139 FAX: (786) 394-4007 no later than October BID No. 48-07/OR CITY OF MIAIMI BEACH DATE: 09/30/08 "~ Page 7 of 144 16, 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 or bid deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. 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 REQUEST FOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: httc:!lwww.miamibeachfl oov/newcit~~/~n-~~C~M~,r~h~~.~~~,:,~:--_-- r.,ui+..++caac~uFtlltilFG db~7 ,,~.., CONE OF SILENCE -- ORDINANCE N0.2002-3378 • CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE N0.2003-3389. • 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, Gus Lopez, CPPO Procurement Director BID No. 48-07/08 CITY OF MIAMM] BEACH DATE: 09/30/08 Page 8 of l44 m MIAPS,BEACH Ciiy Hof A4eami Bench, I i00 Convention Center Drive, Niiam~ Beach, Florida 33 i 34, ~wyx,mjp,~jk~Q~.9-nv PROCURE1~4EtJT GIVIwION Tel: 3C5-S%3.7490, Fnr: 786.;~94.400b Bid No. 48-07/08 FOR RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR -BID PACKAGE NO. 12C: SOUTH POINTE PHASE II Miami Beach, Florida 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 sue to workload issues. Not responding due to minimum experience requirements. 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: BID No. 48-07/08 CITY OF MIAIMI BEACH DATE: 09/30/08 Page 9 of 144 Note: Failure to respond, either by submitting a bid or this completed form, may result in your company being removed from our vendors list 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 property 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 the construction of the infrastructure site work for Bid Package No. 12C: South Pointe Phase II. The work will include but not be limited to demolition, site preparation, earthwork, road milling and resurfacing, sidewalk replacements, water main replacements, stormwater system improvements, vegetation and planting within the South Pointe Phase II neighborhood. 3. Location of -Work: The neighborhood is located within the City of Miami Beach, Florida. The work area includes, but is not limited to the Public Right of Way within the South Pointe Phase II area. Project boundaries consist of the area bounded by Washington Avenue on the east, Alton Road on the west, 2"d Street on the south, and 5th Street on the north, with the exception of 3`~ Street, which was part of a previous Phase I Project. 4. Abbreviations and Symbols: The abbreviations used throughout the Bid 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 BID No. 45-07/08 ~~•. DATE:09!30/OS Page 10 of) 44 September 30, 2008 October 9, 2008 at 11:00 a.m. October 16 2008 at 5:00 p.m. October 29 2008 at 3:00 p.m. November 2008 December 2008 CITY OF MIAIMI BEACH Contract Award December 2008 Projected Project Initiation Start Date January, 2009 5. Bid Submission: An original and ten (10) copies of the complete Bid must be received by 3:00 p.m. on October 29, 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, fTB number 48-07/08, title, and due date. 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 in the Work of Watermain and Hangers. 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 performed. In all respects hereunder, City's performance 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. ""~ BID No. 45-07/OS CITY OF MIAIMI BEACH Page ] 1 of 144 DATE: 09/25/OS 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 Consultant of Record for this project is Wolfberg Alvarez and Partners, 1500 San Remo Avenue, Suite 300, Coral Gables, Florida, 33146. Whenever the term "Consultant" is used in these documents, it shall be construed to mean the Consultant, through the Program Manager. The Program Manager on this project will act as the City's representative. 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: (Not Applicable) 1.10. Contract Administrator (Program Manager): 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. The City's Contract Administrator for the Project shall be the Program Manager. 1.11. Contract Documents: The official documents setting forth Bidding information and requirements, General and Supplemental Conditions, the Project Manual, including drawings (plans) and specifications, the Notice for Bids, Addenda, if any, the Bid Tender Form, the Bid Bond, the record of the award by the City Commission, the Pertormance Bond and Payment Bond, the Notice of Award, the Notice(s) to Proceed, the Purchase Order, Change Orders, Field Orders, Supplemental Instructions, and any and all additional documents the submission of which are required by this Project, 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. BID No. 45-07/Ob CITE' OF MIAIMI BEACH Page I? of l44 DATE: 09/LS/OS 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. 1.18. inspector: An authorized representative of Consultant or City assigned to make necessary inspections of materials furnished by Contractor and of the work performed by Contractor. 1.19. Materials: Materials incorporated in this Project, or used or consumed in the performance of the Work. 1.20. 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. 1.21. Plans and/or Drawings: The official graphic representations of this Project which are a part of the Project Manual and any subsequent contract. 1.22. Program Manager: Professional Firm(s) which acts as the City's representative. The Program Manager for this project is Hazen and BID No. 45-07/OS CITY OF MIAIM] BEACH Page 13 of ]44 DATE: 09/25/OS Sawyer, 975 Arthur Godfrey Road, Suite 211, Miarni Beach, Florida 33139. 1.23. Project: The construction project described in the Contract Documents, including the Work described therein. 1.24. Project Initiation Date: The date upon which the Contract Time commences. 1.25. 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. 1.26. Resident Project Representative: An authorized representative of the Consultant or Program Manager assigned to represent Consultant on the Project. 1.27. Seasonal Business: Any business which is not operated on a year- round basis. 1.28. 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. 1.29. 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. 1.30. 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. 1.31. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all '^"~ BID No. 48-07/08 CIT)' OF MIAIMI BEACH Page ) 4 of l 44 DATE: 09/25/08 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. 00300. INSTRUCTIONS TO BIDDERS: Examination of Contract Documents and Site: It is the responsibility ofi 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, pertormance 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, pertormance, 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 pertorming 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 perfom~ance 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 contact in writing. Interpretations or clarifications considered necessary by the City's Procurement Division 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 ^'"~"" BID No. 48-07/08 CITY OF MIAIMI BEACH DATE: 09/25/08 Page 15 of l4a 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. 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: RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR - BID PACKAGE NO. 12C: SOUTH POINTE PHASE II Miami Beach, Florida BID/CONTRACT NO. 13-07/08 4. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form included herein on pages 50 and 51, 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%) Pertormance 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 forteited 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 BID No. 48-07/08 CITE' OP MIAIMI BEACH Page ]6 of 144 DATE: 09/2~/OS 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 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, 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. 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 Presentina and Ooenina 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 due date; Bidders who meet the "Minimum Requirements"; Bidders that provide the 5% Bid Bond; Bidders that submit all required documentation as BID No. 45-07/08 CIT)' OF MIAIMI BEACH Page ]7 of ]44 DATE: 09/30/08 requested under this Invitation to Bid. Bidder must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to City. In determining a Bidder's responsibility and ability to perform the Contract, City has the right to investigate and request information concerning the financial 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. Prevailina Waae Rates: 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. road construction, except bridges or structures requiring pilings; and d. 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; 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 BID No. 48-07/08 CITY OF MIAIMI BEACH Page I8 of 144 DATE: 09/3U/08 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 fay 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 non-submission 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 Eaual" 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. ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE C(TY'S PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO CONSULTANT. 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 BID No. 48-07/08 CITY OF MIAIMI BEACH Pale l9 of 144 DATE: 09!30/08 procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002-3344 s hall be barred. 18. Financial Stability and Strength: 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 financial statements for each of their last two complete fiscal years within ten (10) calendar days, upon written request. 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 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. BID No. 45-07/OS CITY OF MIAIM] BEACH Page 20 of 144 DATE: 09/30/OS tt 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]. 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 BID No. 48-07108 CITS' OF MIAIMI BEACH Page 21 of 144 DATE: 09/30/08 least one of the domestic partners. 4j 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 payrolis 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). 5j 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: • 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 ,,..,., BID No. 48-07/08 CITY OF MIAIMI BEACH Page 22 of l44 DATE: 09/30/08 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 potential 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. 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 compliance is achieved. may be retained by the City until • Debarment of contractors from City work, as prescribed by the City Code. BID No. 48-07/08 CITY OF MIAIMI BEACH Page 23 of l44 DATE: 09/30/08 m.. a w; r CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1 Vendor Information Name of Compan~orizon contractors, in}~eme of Company Contact Person: Joey Sanchez Phone Number: (305) 828-2050 Fax Number: (305) 820-0905 E-mail7oey. sanchezehorizon-contractors. com Vendor Number (if known): 007892 Federal ID or Social Security Number: 650434021 Approximate Number of Employees in the U.S.: 84 (If 60 or less, skip to Sectlon 4 of this document, date and eign~ Are any of your employees covered by a collective bargaining agreement or union trust fund? ,_Yes x No Union name(s): Section 2. Compliance Questions Question 1. Nondiscrimination -Protected Classes A r3oea you, company agree t;, r,oi uiscrminate against your employees, applicants for • emp!~yment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ~ Race ~ Yes Color g Yes Creed ~ Yes Religion x Yes National origin x Yes :: Ancestry x Yes , Age x Yes i ,Height x Yes No :: ex x Yes _ No No °r, exual orientation x Yes No No ~ ender identity (transgender status) x Yes _ No No ~:;' omestic partner status x Yes _ No No :' arital status x Yes _ No No '~: isability x Yes No No IDS1HtV status x Yes _ No No eight x Yes _ No B Does your tympany agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you 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 ITB No. i3-07/08 January 24, 2008 CITY OF MIAMI BEACH 24 question 2. Nondiscrimination - Equaf Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 28 should be answered YES even If your employees must pay some or all of the cost of spousal or domestic partner benefits A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? x Yes N B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners' or to domestic partners of employees? x Yes _No "The term 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 panners. A Contractor may institute an inlemal registry to allow for the provision of equal benefits t~ employees wflh domestic partner who do not register their pannerships pursuant to a governmental body authorizing such registration, or who are located in a Jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are mare stringent than those rewired for domestic partnership registration by the Clty of Miami Beach Ii you answered "NO" to both Questions 2A 'and 28, go to Section 4 (at the bottom of this page), complete and sign the forr~t, filling in all items requested. Ifyou ans~nrered "YES" to either or both Questians 2A and 2B, please continue to Question 2C below. Question 2 (continued) Please checli all benefits rrat apply to your answers above anc li;t in the "athor" seotion any additional ber9ftts riot already speiii~i;~ ~Nd'te"some~benafts arE'priivided~~~~~ to erployees because they !rave 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 for Employees Yes for Employ s i h D No,lhie Documentation of thin with S ouaes w t omesti~ Partnee Benefit Is Not Benefit Is Submitted Health ~ s Offered with this Form Dental !4 n a Vision ~~~, - - .......... Retirement (Pension o ~ -~.-. -b , ~ ~ 401 k ,etc ° ~ Bereavement ^ .....,.._....~ Family Leave .................~.,,.~,.. r ^ .,,_.~,. ~ a ...."'""'- :: ~ to Pafealal Leave .. `. o Employee Assistance ~~~~~~~~~"'~~ ~ Program ° ~ ', ~ n Relocation 8 Trave I t.;; ......:.. ~_ Company Discount, . t;~ u x _~__ ° Facilities & 1=vents ° ~' ^ Credit Union u , ...................... Child Care ""'°""' ,. ip __ ^ Other °°~ ~' ^ .......................... _.__.._._......... ~ o Note If you can not offer a benefit 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 eligible for Reasonable Measures compliance. T o comply on this basis, you must agree to pay a cash equivalent, submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, tTB No. 13-07/08 January 24, 2008 CITY OF MIAMI BEACH 26 or his designee. Section 3. Required Documentation YOU MUST SU6MIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example, 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 for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? X Yes No Section 4. Executing the Document I declare under penalty of 'ury under the laws of the State of Florida that the foregoing is tnie and correct, and tha am thorized to bind this entity contractually. E ted this 14th d of ov tuber, in year 2008 , al Hialeah , ~_ ~ City State Joee M. Sanchez I'rI P E Name of Signatory (please print) Vice President Title ITB No, 13-07!08 January 24, 2008 _8175 West 32nd Avenue #1 Mailing Address _Hialeah ~ ~zma City, State, Zip Code ....., . ~: CITY OF MIAMI BEACH 26 n ~S'.' :+`.i1T:17(KFir:i•:Jii.:d •. _' -`i'. :4T7,`,N.`J~j~,2'J~:7?9pTjt~.itj+`.:,i;; i•_•, The following information is being provided to you by the Custodian in accordance with the requirements of the Internal Revenue Service. This disclosure includes anon-technical explanation of some of the rules gener- allyapplicable to SIMPLE Individual Retirement Accounts (SIMPLE IRAs). The information reflects the relevant provisions of the Internal Revenue Code regarding SIMPLE IRAs as in effect on or after January 1, 2002. Please read it together with the SIMPLE Individual Retirement Account Custodial Agreement and Application, and the Fund Prospectus(es) which describes the investment options you select far your SIMPLE IRA. The provisions of the Custodial Agreement, Application and the Prospectus(es) must prevail over this Statement in any instance where the Statement is incomplete or appears to conflict. (ions or employer nonelective contributions. Your employer is required to deposit salary reduction contributions into the SIMPLE IRA no later than the 30th day following the fast day of the month in which the deferrals are deducted from your compensation. These contributions are paid to the SIMPLE IRA that you established under the Custodial Agreement. All SIMPLE IRA Plan contributions are made to your SIMPLE IRA and are nonforfeitable. No other contributions may be made to your SIMPLE IRA. Rollovers or transfers into your SIMPLE IRA may be made only from another SIMPLE IRA. Contributions must be made in cash and cannot exceed the maximum amount allowed under the Internal Revenue Code. 1. 6evc,r:aticr~ of Vosir :sINlPLE IRia If you have not received this Disclosure Statement at least seven calendar days before the estab(ish- ,,,,q~ent of your SIMPLE Individual Retirement ,counf. you have the right to resvoke your SIMPLE individual•~Re:rireme^± Account during the seven cal- endar day period following its establishment. In order to revoke your SIMPLE Individual Retirement Account, you must do so in writing and you must mail or deliver your revocation to the address listed on the inside back cover of this Agreement. If your revocation is mailed, the date of the postmark (or the date of certification or registration if sent by certified or registered mail) will be considered your revocation date. If you revoke your SIMPLE IRA during the seven day period, the entire amount of your account without any adjustments (for items such as administrative expenses, fees, or fluctua- tion in market value) will be returned to you. If you have any questions about your accourrt, please call the number listed on the inside back cover of this Agreement. 2. G'ontributi;;ns (a) ! ~,~:i~aiic~~l A SIMPLE IRA Plan established by your employer allows for (i) elective employer contributions on your behalf through salary ~,,,.,, reduction and (ii) employer matching contribu- Salary deferral contributions made to your SIMPLE IRA are limited, as follows:' ®NIOUNT TAX YEAR B .tww~~r ~ $ 8,000 2003 9,000 2004 1~,QCiO ~©t,15 ~ rd ..`.nreefter ... (indexed beginning 2006) If you are age 50 or older,' you may be permitted to make a "catch-up" contribution to your SIMPLE IRA in addition to your regular salary deferral contributions of the lesser of your compensation for the year reduced by your other elective deferrals for the year, or the amount fisted below: ~ ~~ TAX YEAR BPr.~mm~yG IN $ 1,000 2003 1,500 2004 2,000 2005 2,500 2006 and thereafter (indexed beginning 2006) In addition, your employer will either match the first 3% of compensation you defer or contribute 2% of your compensation (up to a maximum of $205,000 of compensation for 2004 and there- after, adjusted for inflation).In two out of every five years, your employer may elect to match if you are a participant in any other employer plans during the year and you have elective salary reductions or deferred compensation under those plans, the salary reduction contributions under the SIMPLE plan are also included in the annual limit of $13,000 for 2004 on exclusions of salary reductions and other elective deferrals. If the other plan is a deferred compensation plan of a state or local government or atax-exempt organization, the limit on elective deferrals is $13,000 for 2004. Ynu. nrn vnnr amhMvcr n.c row...,.,..;,, i., s„- ..,....,a..-....... ~ less than the first 3% of compensation you defer, ,~ but cannot match less than 1% of compensation. Your employer may or may not match your "catch-up" contributions. Matching contribu- tions on behalf of a sel€-employed individual are not treated as salary reduction contributions. You may make an initial or subsequent contribu- tion hereunder by directing a Custodian or Trustee of an existing SIMPLE IRA or SIMPLE individual Retirement Annuity to transfer an amount in cash to the Custodian to be invested in accordance with this Agreement.-You may also transfer your contributions to another financial institution at any time. However, because the Custodian is not a "designated financial institution" under Section 408(p)(7), such a transfer is not required to be made with- out cost or penalty and deferred sales charges or other fees may be assessed against your account before the transfer is made. (b) ~:licrit,;~: cmplrauees (i) You must be allowed to participate in your employer`s SIMPLE plan if you: ,a-~- • RecEived at least-~~st)GO is cr+anluens~ati®rr:~.,:,,,,<..,. Trom your employer during any 2 years prior to the current year, and • Are reasonably expected to receive at least $5,000 in compensation during the calendar year for which contributions are made. (ii) Self-employed individual. For SIMPLE plan purposes, the term employee includes aself- employed individual who received earned income. (iii) Excludable employees. Your employer can exclude the following employees from partici- pating in the SIMPLE plan. • Employees whose retirement benefits are covered by a collective bargaining agree- ment (union contract). • Employees who are nonresident aliens and received no earned income from sources within the United States. r~"•*Employees who would not have been eligi- ole employees if an acquisition, disposition, or similar transaction had not occurred dur- ing the year. (iv) Compensation. For purposes of the SIMPLE plan rules, your compensation for a year gener- anv innL..~7„- ~~ _ . .~ • Wages, tips, and other pay from your employer that is subject to income tax with- holding. • Deferred amounts elected under any 401(k} plans, 403(b) plans, government (section 457(b)) plans, SEP plans, and SIMPLE plans. (v) Self-employed individual compensation. For purposes of the SIMPLE plan rules, if you are self-employed, your compensation for a year is your net earnings from self-employement (line 4, Section A of Schedule SE (Form 1040)) before subtracting any contributions made to a SIMPLE IRA on your behalf. Beginning after 2001, for purposes of the limit on deductions for contributions to a self- employed person's SEP-IRAs net earnings from selfemployment include services pertormed while claiming exemption from self-employ- ment tax as a member of a group conscientious- ly opposed to social security benefits. (c) Respcnsi;~ility of Empyoyer The SIMPLE IAA Plan established by your employer pursuant to which contributions wilt tie made to, and iiis:ributions ~wi!- be made~friym, the SIMPLE IRA is the Employer`s full and sole responsibility, Custodian (and its affiliates) shall not be responsible for the compliance of the SIMPLE IRA Plan with the provisions of the Code and applir~ble law. Such matters, including without limitation, the propri- ety and collection of contributions, the propriety of distributions and the consequences thereof, and the administration of the SIMPLE IRA Plan, are the sole responsibility of the employer. (d) Respensihiiit~, ,* n°n:~sitor If the Depositor con- templates future periodic contributions, rollovers, or transfers to (or from) the SIMPLE IRA, such contributions, rollovers, or transfers must be made in accordance with the appropriate sec- tions of the Code. It is the Depositor's full and sole responsibility to determine whether such contributions, rollovers, or transfers are in accordance with the Code. Neither the Custodian, its affiliates, NYLIFE Distributors LLC, nor NYLIFE Securities Inc., nor The Mainstay Funds are per- mitted to provide tax advice, ~ and will assume no liability for the tax consequences of any con- tribution to or distribution from the SIMPLE IRA. Generally, the same distribution (withdrawal) rules that apply to traditional IRAs apply to SIMPLE IRAs. These rulP~ ago ,~~~,,..~~.,,, ~_~ urpeses of this Agreement, the following terms rhall have the meanings set forth below: A. ACTIVELY AT WORK and ACTIVE WORK means a Subsarber who is on the job and working at least 20 hours per week (25 hours pet week for Groups with 1 to 50 employees)for the Getup doing all of his or her normal job duties at the Group's usual pkace of business (or at a place to which the Group's business requires the Subscn~er to traveI). The Subscriber is considered to be Actively at Work on all work holidays, vacahions, and scheduled non work days if the Subscriber is at work on the day before and the day after any such period of time. The Subscriber is also considered to beActively at Work if the Subsm'ber is absent from work due to Illness, Injury, or arty other health reason. The Subscriber is not considered Actively At Work until the Subscriber actually commences his or her employment. A Group with 51 or more employees ~Y designate in its Application a longer member of horns per week a Subscriber must be an the jab to be Actively At Work which will be applied to Substnibers in such Group. B. ADOPTED CHILD(REN) mesas a child •who is adopted by the Snbacn'ber in accordance whir Chapter ti3, Florida Statute. ~"°° ADVERSE DETERMINATION mesas a coverage determination _. by the Tian feet a; ~!~is~m:, xY~.~t.~~ ~`.e~ , c~nued. ~ .. stay, or other head+hcare servue or healthcare supply has ~; been reviewed and, based upon the information provided, does not meet the Plan's requirements for Medical Necessity, appropriateness, healthcare setting, level of care or effectiveness, and coverage for the requested service is therefore denied, reduced, or terminated H. COVERED SERVICES means those Medically Necessary services and supplies described in this Agreement That ate not otherwise excluded or Iirnited by this Agreement. To be a Covered Service, a service must be provided by a Plan Provider in accordance with the Plan's re6enral and approval procedures described in this Ate, except in the case of an Emergency Medical Condition or as otherwise expressly stated in Article V. Services provided by a Non-Plan Provider are not Covered Servirsra unless receipt of services from such P~der' was approved in advance by Plan or in the case of an Emergency Medical Condition. I. GREOITABLE COVERAGE means, ~~ ~pe~ ~ an individual, coverage of the individual tinder any of the following; 1. A group health plan, ae defined in secction 2791 of the Public Health Service Act; 2. Health insurance coverage consisting of medical care Prod direccFly, through insrranee, ~ or otherwise and including terms and services paid for ae medical care; render n n3' ~spital or medical se-vic..p3:,y ficate; ~ i<aspltal a ~..i:~l ~ servii~ ~ltin e:>7i~ct; or health mairrteaance r,~flet e$urpd by a helth insurance issuer; 3. Part A ar Part B of Title XVBI of the Social Security Act (Medicare); D. APPLICATION means the Application for this Agreement completed on behalf of the Group and signed by an authorized agent of the Group, E. CALENDAR YEAR means a period of one year starting on January 1 and ending on December 31. F, COMPLAINT means any expression of dissatisfaction by a Member, including dissatisfaction with the administration, claims practices, or provisions of services, which relate to the quality of care provided by a provider pursuant tb this Agreement. Members may submit a Complaint to the Plan ar to a State Agency. A complaint is part of the infomral steps of a gnevance procedure and is not part of the formal steps of a grievance procedure unless it is a Grievance as defined below. (r"`r;O-PAYMENT means a specified dollar amount established by Flan which the Member must pay directly to the Plan Provider for specified Covered Services at the time services are rendered. Co-payment amounts are set forth in the Summary of Benefits and are subject to Out-of-Pocket Maximum established by Plan. 4. Title XIIC of the Soaal Security Act(Medicaid), other than coverage consisting solely of benefits under section 1928; 5. Chapter SS of Title 10, United Slates Code (CgAMPUg), 6. A medical cane program of the Indian Health Service or of a tnbal organization 7. The Florida Comprehensive ]3eatth Association or another state health benefit risk pool; 8. A health plan offered under Chapter 89 of Title 5, United States Code (Federal Employees Health Benefits Program); 9. A public health plan as defined by rules adopted by the Florida Department of Insurance. To the greatest extent possible, such tales must be consistent with regulations adopted by the United States Department of Health and Human Services; or 10. A health benefit plan under section 5(e) of the Peace Corps Act (22 United States Cade, 2504(e)). Creditable Coverage does not include coverage'that consists %^ solely of one or more or any combination thereof of the following excepted benefits: 1. Coverage only for accident, or disability income insurance, or any combination thereof; 2. Coverage issued as a supplement to liability insurance; 3, Liability insurance, including general liability insurance and automobile liability insurance; 4. Workers' compensation or similar insurance; 5. Automobile medical payment insurance; 6. Credit-only insurance; 7. Coverage for on-site medical clinics, including prepaid health clinics under Part I!, Chapter 641, Florida Statutes; Or 8. Other ainrilar insurance coverage, specified in rules adopted by the Florida Department of Insuranc under retardation ~ or physical haudicap which commenced to the time such child reached his or her .19th bid r Satisfactory proof of such incapacity, certified by a PhYsicisn, and ciependeOCy must be furnished to Plan by the Subscriber within 30 days of such child's 19th birthday and within 30 days of each birthday thereatier, In addition ~ a physician's certification of incapacity, plan mss, make ~ePendent aeaessnnent of incapacity, In the event the child ceases to be incapable of self as set forth above, eIigibiiity aatometic employment the end of the Premium Nlomth in which as of be so incapable, ~ ~~~ to "Child" means the Subscriber's natural child, Legally adopted child, step-child dependent upon Subscriber for support, or a foster child p~ in the Subscriber's custody temporarily or otherwise by a court order, who is, ~ s~~o ~, ~ ems,°~~,.,~~ eve, supported solely by „. •~W..g m the SnbaC~CC'8 househohi Clllhj includes a color oldereed,nun-custodial child Qf the Snbscn'ber due in disaoh>Eiam of manage under t 61, Florida Stahites, if such ch>7d resides in the ServiceArea. benefits for medical care are secondary or incidental to `~nll-~ student" ~~ a other insinance benefits. attending School on a full. who rs enrolled m and .. , ~, Cl'Tl~~in~ ,,eqc ;.. ~..~, t.µ - bf fiill-time status ea~nation as~~evrdance thereof must .. u~ir . ~w for the ""T15 .~_ ~,,~. .;S traassrst Sri irrdrv! l+mv..rnrdisu+v.~e:a , ~ I.ipOII the P~ 6 ~QUeat. F~ll1~t,~e~? $taLL.°, 2~ purpos;; of meting peiaonel needs ~..~ ~`ardaict; `wi~u' ~ ~ and which could be standards set P~~a by persons without professional skills the School, but a` a minimr,m, to be c a ~_t~ or training, . Custodial Care inchtdes assistance with the activities. of daily ~~ shrdent must be ~~ and attending school living, such as asaistence in walking, getting in and otrt of bed, ~'e ~ haute Pm' semester. A person i8 bathing, dressing, feeding, and ~, the ~~ Preparation no longer afull-time slardent at the end of the Premium of special diets, and supervision of medication that Month doting which the person is ar is otherwise usuali can be self, In y no lvttger enrolled sad in aftendance at ins School on a dete~g why' a person is receiving Custodial Care, consideration is given to the level. ~-time basis. Apesaon cam[izt~ to be afall--time student of care and medical supervision required and furnished A dunrtg Periods of vacatiou as established by the School, determination that care received is custodial is not based on the patient's diagnosis, type of condition, de Eligible Dependents do not include arry spouse or child: limitation, or rehabilitation potential. ~ of frmctional 1• whose lac K ELIGIBLE DEPENDENT or DEPENDENT means the Subscriber's: 1. spouse by legal marriage; 2. unmarried child under age 19, until the end of the Premium Month in which the child reaches age 19; 3. unmarried child age 19 or older, until the end of the Premium Moth in which the child reaches age 25, who: a. is dependent upon the Subscn~ber for support; sad `'~ b. is a full time student; or 4• unmarried child, who maintains his/herprunary residence in the Service Area and is age 19 years or older and who, in the determination of Plan, is chiefly dependent on L, the Subscriber for support and maintenance and incapable of self-sustaining employment as a result of mental PnIIC1Pa1 p e of residence is not the Same as the Subscdber's, ar in the case of a non-custed~ cad lender Florida Statutes, Chapter 61, who resides outside the Service Area; 2, who spends more than 90 days (consecutive or non- consecutive) in atry Calendar Year outside the United States far any reason, except when enrolled as afull-time sttudent or Eligible Dependent who has been temporarily 88eigned for a period of less than six months by his/her employer; 3, who is in the military forces of any country; or 4. who is unable to receive routine care within the Service Area due to any reason. ELIGIBLE EMPLOYEE means a person Actively at Work with the Group who works or resides in the Service Area and is e,:.~,.,_ ~_ .. _ individual is considered to work within the Service Area when the physical location from which he/she erforms '°"~" Effective Date, and showing the Members' choices ofPrimar C substantially all ofhis/herwork-related activities is h srcall P y y y are Physicians, located within the Service Area, R EXPERIMENTAL, INVESTIGATIONAL OR OBSOLETE S An Eligible Employee does not include any person: , ERVICES ~~' unless otherwise required by law any evaluatio 1, who spends more than 90 days (consecutive or n , n, ~~ theraPY, or device which involves the application, admrnrstratton or use of Procedures techniques on- consecutive) in any Calendar Year outside the United Stag for any reason; , , ~~~ Products, remedies, vaccines, biological~pr+nd~t, ~&s, Pharmaceuticals or chemic l , a compounds (hereimrfter collectively referred to as "services+~; any lrospitstization in 2, who is a seasonal or rem o p nary employee; c°nnection with such services; or any camplicatiem thereof if, as determined solely b th Pl 3, who no longer wanks or resides in the ServiceArea• or y e an, such services are experunental, mvesttgatt°nal or obsolete. Experimental oi. i nvestigational means that Plan detert~ines the service is: 4, who is enable to receive routine care within the Service ~ ~ ~ any ~~, 1. not of proven benefit for the diagnosis or conditi i on at ssue; or M. EMERGENCY MEDICAL CONDITION means; 2, not generally recognized by the medical c 1, A medical condition manifesting itself by acute symptoms reflected inthe publishedpeer-revieR, medical as of sufficient severity, which may inchrrie severe pain ar effective ar appropriate for this particular diagnosis or other acute symptoms, such that the absence of medical treatment of Member's part~m• ~~ attention could rP9sonably be erected to result in a~ of Obsolete means that the service is not the follovvimg: generally need ar e. serious jeopardy to the health of a patient,including ~0~d b7' the medical community u effective for the a pregnant woman or fetes; P~cular diagnosis ar treatment of Member's condition. b. serious impairment of bodily functians• . ,. _ .. _ .. _,._.~,f:, z .... . e. s;~•roous uysn;ncnon or ba ~ y `. ~~~"f~`~;.°.~^,~~,ytra 'mmental, appmyal of x.,acnviee: ~ ~ organ or P~ '. io riot necessaru ~._ , ~-.11 b„ considered but to whether a Y ~~' m makmg ° iaafion as 2. With respect to a pregnant woman, an Emergency Medical service is of proven benefit or opprop~ or Condition also means: effective for a particu}ar diagnosis ar treatment ofMember's a. that there is inadequate time tr e$ect safe transfer PatErcvlar condition. to a Plan }3ospital prior to delivery' S. b• ~ such a transfer' may pose a threat to the health and safety of the patient or fetus; or c. that there is evidence of the onset and persistence of uterine contractions or rupture of the membranes. N. EMERGENCY SERVICES AND CARE means medical screening, examination, and evaluation by a Physician, or, to the extent permitted by applicable law, other appropriate personnel under the supervision of a Physician, to determine if any Emergency Medical Condition exists and, if it does, the care, treatment, or surgery for a Covered Service by a Physician necessary to relieve the Emergency Medical Condition, within the service capability of a Hospital. 0. ENROLLED DEPENDENT means an .Eligible Dependent who is properly enrolled for coverage under this Agreement, ~P, ENROLLMENT DATE means the date of enrollment of the individual covered under this Agreement or, if earlier, the first day of the Waiting Period of such enrollment, Q. ENROLLMENT FORM means the enrollment application completed and signed by the Subscriber providing necessary information for the Plan, ~istlIing all Eligible Dependents who are to become MemhPrs fIBTP,IfI/~Pr nn +l.n T...1:..:1___1 GENERAL PATIENT INFORMATION means routine medical, clinical and demographic information abort Members. Examples of General Patient Information include, without limitation, clinical information on claims forms, ~, ~~, information loaded and maintained in computer systems, telephone logs, demographic information from Groups, medical histories, and informatiam obtained about Members from Plan Providers and Non-Plan Providers. T. GRIEVANCE means a written Complaint submitted by or on behalf of a Member to the Plan regarding; 1, availability, coverage for the delivery, or quality of healthcare services, including a Complaint regarding an Adverse Determination made pursuant to utilization review; 2, chrims payment, handling, or reimbursement for healthcare services; or 3 • matters Pertaining to the contractual relationship between a Member.and the Plan. Only those providers who have been directly involved in the treatment or diagnosis of the Member relating to the U, HOME HEALTH CARE means Home Health Services provided `'"~ by a Home Healthcare Agency for the care and treatment of the patient who is confined to home and under the direct care and supervision of a Physician. V, HOME HEALTH CARE AGENCY means an organization duly . licensed as a Home Healthcare Agency under the laws of the state in which it is located An agency operated by state or local goNemment, which provides Home Health Services in the home in accordance with applicable laws, is also considered a Home Healthcare Agency, W. HOSPICE means an agency ar organization that is licensed, accredited or approved under the laws of the jurisdiction in which services are provided, to provide counseling and medical services (and may include room and board) to a Terminally Ill person, K HOSPITAL means as institution that; 1. is licensed and operated as a hospital under the laws of the state where it is located; and 2. is accredited ae a hospital by the Joint Commission on Accreditation of Healthcare Organization ar by the American Osteopatbie Association. I:i uu evesi,~:11 °.lie ~:. "Fospiial"•inalnde~ .coeval c .~. a' es ant°•~ ... , nursing home or any institution, ar part thereof which is used primarily as a convalescent facility, rest facilhy ar nursing facility for the aged, an ambulatory surgery center, a for the care and treatment of mewl disorders, alcoholism and drug dependency, ar a facility which ptimatdy provides custodial or rehabilitative care. Y IDENTIFICATION CARD means the document of identification issued to Members by the Plan, Z. ILLNESS means a Physical, mental ar nervous disorder, ar any condition determined by the United States Center'for Disease Control (CDC) to be predictive of an immune disorder, including all related ar r~esalting diseases and conditions. AA. INDIVIDUAL EFFECTIVE DATE means the fast date as of which a Member is entitled to obtain Covered Services under this Agreement, AB. INITIAL ENROLLMENT PERIOD means the first 30 day period for which an individual is eligible to'enroll for coverage under the Plan, whether or not such individual chooses to enroll. AC. INJURY means an accidental bodily injury sustained by the Member that is the direct cause of the need for Covered Services under this Agreement, Such injury must be independent of disease, bodily infirmity or other cause. AD. INPATIENT or INPATIENT HOSPITAL SERVICE means admission to a Hospital for bed occunancv fur the nnrnnae of ranni.nno Medically Necessary Inpatient Hospital Services. A Member is considered a HoapitaI Inpatient if formally admitted to the Hospital as an Inpatient by a Physician's order. An Inpatient admission occurs when accompanied by the expectation that the Member will remiain in t}ie Hospital at least overnight and occupy a bed even though he/she may be discharged or transfmred the same day. AE, LARGE EMPLOYER means an employer that is actively engaged in business, has its pminpp~ pbme of business in the State of Florida, and employed S l ar more gJigible Emph~yees on one ar more business days during the preceding calendar yam,. AF. LATE ENROLLEE means aA,.Eligible Bmployee ar Eligible Dependent who requested cerollmeat after his ar her initial emnllment period (i.e., after the Ertel 30 days of his or her eligibility to enroll for coverage under this Agreement), AG. MAXIMUM LIFETIME BENEFIT means the total dollar limit paid on behalf of a Member during his/her liia~e for any Covered Service ar set of Covered Services. AH. MEDICALLY NECESSARY means a Covered Service that the Plan demos; (l) ~ ~~ coneisteat and necessary for the symptoms, diagnosis or treatment of a medical condition; (Z) is likely to result in demonstrable medical benefit; (3) is not provided primarily far the co~..Y sues of ~' ~ 'the °Mttriber, the"M~ib~='s'iamil , • .°.. , 3, a1~ ~r ccros•.u '~~ Physician; ar other healthcare TMrvider; (4) is not custodial ar supportive care or teat cmES; (5) is in accordance with atandaals of goodmedical practice in the medical , (~ is approved by the Food and Drng Adminishation) ar the appropriate medical body ar board fur the condition in question; and is the moat appropriate, efficient and economical medical supply, service, level of care ar loation which can be eafelyprovided to treat the MembeL When used in relation to Hospital Inpatient Service, Medially Necessary services only include those services and sapplies that cannot be safely and eatisfactrnily provided at home, in a physician's office, as an outpatient, or in any leaser facility. Medical Necessity, when used in relation to services ar supplies, shall have the same meaning as Medically Necessary. AI. MEMBER mesas the Subscriber, and if dependant coverage is in force, his or her l3nralled Dependents. A1. MENTAL AND NERVOUS DISORDERS means mental and nervous disorders as defined in the sfandard nomenclature of the American Psychiatric Association. Ag. NEWBORN CHIID~REN) means the first 60 days of Life from and including the date of birth of the child(ren). AL. NON-PLAN PROVIDER means a Hospital, Physician or other provider of healthcare goods and services that is not a Plan Provider at the time the healthcare service or supply is provided. ~_~~. OPEN ENROLLMENT PERIOD means; (1) for Groups with less than 2 employees, Open Enrollment must occur from by the Plan to provide to August lot through August 31st of each year the Agreement include the following Pro~d~s ~ liC ~~a ~ ~or da ,.•~ is in effect; (2) for Groups with 2 to SO employees, a 30 statutes: psychologists licensed day time period immediately poor to the mental health counselors Iicenaedpu~uant to Chapter 490, of the Effective Date; and 3 anniversary date pursuant to ()for Groups with 51 ar more ~nyage ~ ~Y thernpiats licensed ~~ 491, employees, a 30-day time period immediatel 491, clinical social wor Pursuant to Chapter 30-day time period direr Y Prim' in and a 491 o tom ~ licensed pursuant to Chapter Effective Date. Dining theY~ fhe ennrvers~' ~~ of the P eh~te lrceused under Pm l OPen Enrollment Period, Eligt'ble 8II~2Bt'~ and nurse midwives h' ~~ 463, certified m~e p ogees and Eligible Dependents who have notpreviously nurse P~tioners licensed vender (~p~~~ p~' 464, enrolled with the Plan may enroll. The Open Enrollment assistants licensed under qm ~ Physician Period occurs at least once every 12 moirths P~ 458, Florida Stattrtes AU. PLAN PHYSICIAN means a physician who has a written AN, OUT OF POCKET MAI(IMUM means a specified limit to the Contract ~ force with amount of Co payments a Member or a Member's famil to Members. the Plan to render Covered Services covered under this P Y a ~, ae the case maybe, are obligated to AV. PLAN PHYSICIAN OFFICE S p y m a Calendar Year. The Out Of Pocket Maximum are set ~ I means the offices and clinical ~ m the summary ofBenefits. facilities operated by or for Plan Physicians to A0. OUTPATIENT or OUTPATIENT SERVICES me Covered Services to Membem ~~~~~Provide Services that are not of Inpatient Hospital Services, A A~ PLAN SPECIAL(STmeans a Member is considered to be an in force with ~ p~ to ~~ ~ ~ a ° contact P of an organized tmedical Outpatient when he/she >B a render' Coveted Services ~ ~C • ~ faclhty ar distinctpart of arch ~ to whom a Member is referred ~• consultation, Professionals ~ !;~ ofthe Plan, is expected to receive mart by the Member's Primary Care phy~ ar ~ Plan. including ol3servatiram services, an an d°tPatie.nt basis far less than a 24-hour period, re AX. PRE-EXISTING CONDITION, as set forth in the time of admission, ~vhetber ar not a bed is used, ar whe~er Exchuuams and Krticle VII ~ ar not the Member r~s in the faci'Iity past midni t, Lmutati°ns, means: ~ Far gro PHYSICiAIIf me°r,~ s., ..a• •,, . t E~ ? ~ 1. tc.SO empjoy~ ~ ~m~ h a'~c ~w ~,y~,.~Q ~ ~ rrbr ii; t ..„:, . ~.,. ~,; ..gym l es ~ ' ~, , , e.~ Provide 'nadirs] ---- Y i ~~ dlr. 'I1r3G''11.,4~d•'i~7~'' rin n -,.,.tom.., ..:.. ~ ~ . Creditable `CO's T° . services by the state(s) in wbi~ a mental condition, reg~less of the S.an ~' a rhyercal cn~ is practicing and who is actin h or she for which medical advice, die ~e of the condition, license. A Physician shall include ad c~tar of mediCi~neh gnosis, care or treatment licensed under the followin ~m8°~ended ar received during the six month period a doctor of os g Elands statutes: Chapter 458, lY prior to the Individual Effective Date. of odi tCOPathY licensed under Chapter 459, a doctor licensed hcensed under Chapter 458, an ophthalmolO • Far groups having fewer thou 2 ~' ~pter' 458 or Chapter 459, and a ~ Coverage, a condition that d ~~~ ~o~ ~~ble Physician licensed under Chapter 460, Florida Sta~c ~ e~elY Preceding they Effectty e~Dat of ~,~ od AQ. PHYSICIAN'S SERVICES means professional services or sted Itself m such a manner as world cause ~~ medics] care rendered by a Physician when Medicall ordma~y Prudent person ~ seek ~~ advice, die care, or treatment ar for which medical advice, diagnosis, Necessary for the diagnosis or treatment of an Y °~ or treatment was rec gnosis, Injury. To the extent a Ph i ' ~p ~, Illness or a preg~cy ommended ar received, including Practitioner ar h iCian ~ clan 1 s ar engages a mass egg on the effective date of coverage. the Physician'p supervisi'onte~ ~i~ndir Vices ~~ AY. PREMIUM means the providers may provide Covered Services consistent rln~ befits ~ services ~ vend under gthis ~~ for all their scope of practice, AZ. PREMIUM DUE DATE means either the AR PLAN HOSPITAL means a Hospital that has a written contract in ~Y of the calendar month when the premium a fifteenth force with the ply ~ ~, Covered Services to Members, ABI'eement is due in full under this as selected by the Group on its AS. PLAN MEDICAL DIRECTOR means a Physician employed ~ Application and approved by the Plan. Plan, or his or her appointed designee, ~' BA. PREMIUM MONTH means the ~ one premium Due Date to the ~d of time which runs from A- SAN PROVIDER means Hospitals, Physicians, and other ~ Due Date, providers °f healthcare goods and services who have written BB• PRIMARY CARE PHYSICIAN is a Plan physician who has a contracts in force with the plan to render such goods and written contract in force with the plan and is responsible services that they are licensed, certified or otherwise authorized fO1 p1°vidin g~ Prescribing, authorizing and Coordinating the .,_...,._ __.. __rn, _---_ _.._ -sT.`rs-.--_~.~_L~-~V•~~p----- medical care and treatment oftheMember. BC. PRIOR AUTHORIZATION DR PRE-AUTHORIZATIDN OR PRE-CERTIFICATION means that the Plan has determined that the admission, surgery, care, treatment or other service or supply is Medically Necessary and appropriate for the diagnosis and condition of the patient and, therefore, is eligible for coverage wader the Agreement, pm,~ fic~on/ Prior Authorization does not, however, guarantee or camfinm benefits under this Agreement. Benefits are subject to eligibility at the time charges are actually incurzed and all other terms, provisions, exclusions and (imitations under this Agreement.Pte•Certificafion/PtiorAufhcaiz8tiondeasionscrs decisions concerning reimbursement and do not replace nor are they intended to influence the treatme~ decisions of the Member's Physician. BD, SCHOOL means a public or private secondary school, accredited college or university, or licensed trade school. BE. SERVICE AREA means Miami-Dade, Broward, and Palm Beach Counties, Florida. BE SKILLED NURSING FACILITY means an iustitntion that: 1, is licensed.by the state laws where it is located and operated as a Skilled Nursing Faa'Iity as defined by those state laws; 2, provides skilled nt?rsing services sad iE nDt primarily a ... »?~..., r ,- _~ l~ .G~ t,dial°Dare~senlitY~are;•thu~addiction, ~- •-. alcoholism, mental retardation, psychiatric rliaorderz;, or chronic brain syndromes, nar a musing home or place for . the aged; and 3. is accredited as a Skilled Nursing Facility by the Joint Commission onAccreditatiion ofl3ealthcate Grganizatians, as a Certified.Acute Rehabilitation Feality, or approved by Medicare. BG. SMALL EMPLOYER means any person, sole proprietor, self-employed individual, independent contractor, firm, corporation, partnership, or association that is actively engaged in business, has its principal place of business in the state of Florida, employed not more than 50 Eligible ,,,.,, A. EFFECTIVE DATE. This Agreement shall become binding upon the Patties hereto upon the Execution Date. It becomes ef6ec6'tve as a Group Service Agreement on the Effective Date indicated on page one of this Agreement, subject to the conditions precedent listed thereon, Employees on business days during the preceding calendar Year, and employs at least one employee on the fast day of the Agreement Year and throughout the Agreement Year. BH, SPECIALIST means a physician vrho specializes ~ a particular field of medians, BI. SUBSCRIBER means the Eligible Employee who has enrolled under this Agreement. BJ. TERMINALLY ILL means that the Member has a medical prognosis, as certified by a plan physician, of a life expectancy of six morrths or less. BK URGENT GRIEVANCE means a Grievance regarding an Adverse Determination when the standard time frame of the Grievmrce procedure would' s~lY jaP~ the life or health of a Member or would jeopardize fire Member's ability to regain maximum function, BL. URGENT CARE SEflVICES means services for an utriimeea illness, injury, or condition, that, although ~ an Medical Condition, (i) could result in eerions disability unless medical attention is received or (ii) sabatantially restricts the member's activities.. BM. USUAL, CUSTOMARY ANO REASONABLE nr UCR means Charges J¢r.Ccz~ercd serPCeJ whicu, $E' ~~ed BtilCly ale represetitati~c and resscurairlC ohm-gas far ~ geographic Boa in which the Covered Service was T~ Phan may consult the Medicare fee schedule, Health Tnsiusmce Aaeoaation of America data, the Flo¢ids Relative Value Study, and other availabh; sources to make usual, customary and. reasonable fee determinations. For reimbursement purposes, in no event will a provider be reimbursed UCR when provider's a~ charges are less than the UCR established by the Plan. BN. WAITING PERIDD means the period of time specified in writing by the Group, which moat follow the date a Snbscn7rer is employed by the Group before each Subscriber and his/her Eligible Dependents, if any, may be entitled to receive Covered Services under this Agreement, B. TERMINATION OF AGREEMENT 1, Termina~on by Group. This Agreementnury be teominate by the Group upon not fewer than 30 days written notice t the Plan. 5~rch termination shall become effective at the en of the Premium Month fur which the lest Premium paymer was made in full. M ~~ CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form 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 equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefds 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 from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal 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 I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature Crty, State, Zip Name of Signatory (please print) Telephone Number BID No. 48-07/08 CITY OF MIAIMI BEACH Page 27 of l44 DATE: 09!30/08 Title Date Definition of Terms 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 BID No. 48-07/08 CITY OF MIAIMI BEACH Page 28 of l44 DATE: 09/30/08 payment would be in the form of wages of the domestic partner employee for the number of days allowed. 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 (RAP/VAS) 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 pertorm 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: 1. RAP /VAS submittal (10 points). 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. 2. Past pertormance based on number and quality of the Performance Evaluation Surveys received (5 points). 3. Presentation and Interview of Key personnel (25 points) 4. Base Bid Price (60 points). All bidders shall be required to include, as part of the submittal, a breakdown of the Lump Sum (base bid) amount, with sub-totals for Divisions 1 through 16, as listed in Section 00407, on page 50. A proportional amount for overhead and profit should be separately listed in each Division. 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. 45-07/08 CITE' OF MIAIMI BEACH Page ?9 of I44 DATE: 09/30/08 City 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. 45-07/OS CITE' OF MIAIMI BEACH Page 30 of 144 ,,~~.., DATE:09/30/OS 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 bidders, 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 pertormance 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 Cferk 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 Ptan, 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 BID No. 48-07/08 CITY OF MIAIMI BEACH Page 3I of 144 DATE: 09/30/08 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 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. 48-07/08 CITY OF MIAIMI BEACH Page ;? of I44 DATE: 09/30/08 00315. BID SUBMISSION REQUIREMENTS The following information should be submitted with you 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) ^ 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 BID No. 48-07/OS CITY OF MIAIMI BEACH Page 33 of I44 DATE: 0/30/08 type of work described within the Contract Documents of this Invitation to Bid (ITB). 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 pertormed • 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). An organizational chart listing the proposed key personnel, their qualifications and their roles in the project, resumes which shalt include educational background, work experience, employment history, and any other pertinent information. Where applicable, Bidder team members shall also submit current and valid certifications and/or 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 Pertormance Evaluation Letter and Survey attached herein on pages 38 and 39, and request that your client submit the completed survey to Gus Lopez, at the following a-mail guslopez@miamibeachfl.gov. Please understand that we will not accept Client Surveys 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 BID No. 48-07/OS CITY OF MIAIMI BEACH Page 34 of l44 ,,..~, DATE:09/30/OS 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 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 pages front side of pace only. The RAP should not contain anv reference to the bidders name within the document. Please exclude anv letterhead or logos, anvthina 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 (page 41) of the RAP/VAS. Any costs included in the "Value Added Options or Alternates" section (page 42) of the RAP/VAS should NOT be included in the Base Bid Price. E. BID PRICE BID No. 48-07/08 CITY OF MIAIMI BEACH Page 3~ of 144 DATE: 09/30/08 Bidders are required to submit their bid price lump sum using the Bid Proposal Form found on page 50. 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. 48-07/08 CITY OF M1AIM1 BEACH Page 36 of I44 DATE: 09/30/08 m t~~1!AMIBEACH Ci4y of 1dliami Kaaxh, 1?+~ l,onvenlirr~ L'.antA~ brive, lvliomi Beach, Florida 33 i3{', vrn•v~,miamibeachll.go~• PF:Or'I)R[MENT DIVISIJN Tel: 305.673.7490 ,Fax: 305.394.4007 Date: To: (Client's Name) Individual Providing the Survey Response: Phone: Fax: E-mail: Subject: Performance Evaluation of: (Consultant firm and/or Project Manager/Cost Estimator) Number of pages including cover: 2 To Whorn It May Concern: The City of Miami Beach has implemented a process that collects past performance information on various Contractors that have the qualifications and experience in providing construction of right of way infrastructure improvements. 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 its understanding and score accordingly. Please return this questionnaire to Gus Lopez or before October 29, 2008 via fax: 786.394.4007; or a-mail guslopez@miamibeachfl.gov. 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. 45-07/08 CITY OF MIAIMI BEACH Page 37 of l44 DATE: 09/30/08 i~ilAlvll B ASH Clty of Miarni Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 305.394.4007 PERFORMANCE EVALUATION SURVEY Project Name: ^ Contractor (Bidder) (Check one) ^ Construction Project Manager and/or Construction Superintendent (individual) Name of Above Phone and/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 on a scale of 1-10, with 10 meaning you are very satisfied and have no questions about hiring them again, and 1 meaning you would never hire them again because of very poor performance. NO CRITERIA UNtT 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 (lets and subcontractors (1-10) Close out process (no punch list upon turnover, warranties as- s , builts, operating manuals, tax clearance, etc. submitted (1-10) rom tl 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) 8 Overall customer satisfaction and hiring again based on ertormance 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 E-MAIL THIS QUESTIONNAIRE TO gustopez~miamibeachfl.cUav; or Fax to 786.394.4007 BID No. 48-07/08 CITY OF MIA1M1 BEACH Page 38 of 144 DATE: 09/30/08 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 that the contractor may not directly control and that may negatively impact the project's cost and schedule, as well as the client's expectations of quality and performance). 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. The RAP is used to: 1. Assist the client in prioritizing firms based on their ability to understand the risks of a project and their plan to mitigate those risks. 2. Provide high pertorming vendors the opportunity to differentiate themselves due to their experience and expertise through value-added offerings. 3. Giving the competitive edge to experienced companies who have successfully completed similar work before, who can plan 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 pertormers by ensuring that if they are not selected, the selected company will minimize the risk and provide the client with a comparable pertormance. ,~..., The .RAP document or portions thereof. submitted by the successful bidder may be included vv~thm the contract documents. The Citv of Miami Beach reserves the right to accent or reject anv of the risk items. Additionally. the successful bidder will be required to submit a justification of the cost associated with anv of the value-added offerings in their Risk Assessment for anaivsis by the Citv upon request. in addition to the above. the risks identified on the Risk Assessment Pfans or portions thereof, of the unsuccessful bidders may become part of the Quail Control Plan that will be prepared by the successful bidder as a result of negotiations during the Pre contract execution phase, with the Citv. RAPNAS Plan Format The format for the RAPNAS is attached. Within the RAPNAS, the contractors 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. 2. Explain how risk will be avoided /minimized. If the contractor has a unique method to minimize the risk, it should be clearly explained. BID No. 48-07/08 CITY OF MIAIMI BEACH Page 39 of ]44 DATE: 09/30/08 3. Propose any options that could increase the value (expectation or quality) of their work. List any value-added alternates that the contractor is bringing to the project. 4. Attach a Preliminary Project Schedule. No names!!! - to order to minimize any bias by the Administration Review Panel, the RAPNAS must not contain ANY names (such as contractor, manufacturer, or designer names, personnel names, project names, product names, or company letterhead). The RAPNAS should not contain any marketing information. Len th -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 RAPNAS 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. 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 fisted 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 PlanNalue 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 BID No. 48-07/08 CITY OF MIAIMI BEACH Page 40 of l44 DATE: 09!30/08 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? 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 RAPNAS and enclose them in a sealed envelope? If all items are checked, your risk assessment plan is ready to submit. Risk Assessment Plan 1 Value-Added Submittals Format Maior Risk Items 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, fisting 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 LUMP SUM BID. Risk 1: Plan to Minimize Risk: Risk 2: Plan to Minimize Risk: Risk 3: Plan to Minimize Risk: Risk 4: Plan to Minimize Risk: BID No. 48-07/08 CITY OF MIAIMI BEACH Page 41 oi~ 144 DATE: 09/30/08 Risk 5: Plan to Minimize Risk: Risk 6: Plan to Minimize Risk: 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 imaact of any Value Added Options fisted below should NOT be included in the Base Bid Price. Schedule imaact of any Value Added Options listed below should NOT be included in the Baseline Schedule. Item 1: Impact: Cost $ ! Schedule Credit ($) + Days / (-) Days BID No. 48-07/08 CITE' OF MIAIMI BEACH Page 42 of 144 DATE: 09/30/08 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) Interview of Key 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. 48-07108 CITI' OF MIAIMI BEACH Page 43 of l44 DATE: 09/30/08 00400. BID/TENDER FORM Submitted: November 14, 2008 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 pertormed; and that it has submitted the required Bid Guaranty; and all ether 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 ar;d to fumish all necessary materials, equipment,. machinery, tools. app?ratus, means • °~f tra~ns~idtTatibrl; .and all labor necessary ~.to- c~instruct ar~d-~complete•°~w. ithin the brnc lirr!its specified the work covered by the Contract Documents for the Project entit~ad~ ITB No. '13-07108 RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR -BID PACKAGE NO. 12C: SOUTH POINTE PHASE II 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 fumish 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 unit price listed in the bid is to be multiplied by the stated quantity requirements in order to arrive at the total. ITB No. 13-07108 January 24, 2008 CITY OF MIAMI BEACH 4d Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: Addendum #I 1,2,3,9,& 5 Attached is a Bid Bond [ ), Cash [ ], Money Order [ ], Unconditional Letter of Credit [ ], Treasurer's Check [ J, Bank Draft [ ), Cashier's Check [ ], or Certified Check [ ] No. Bank of for the sum of s~ of Bid Amount Dollars; ~$ ). The Bidder shall acknowledge this bid by signing and completing the spaces provided below. Name of Bidder: xorizon contractors, Inc. Clty/State/Zlp: Hialeah, FL 33018 Telephone No.: ca^5i 828-2050 Social Security No. or Federal Dun and I.D,N~.: 650434021 Bradstreet No.: If a partnership, names and addresses of partners: 808252803 (if applicable) ITB No. 13-07108 January 24, 2008 CITY OF MIAMI BEACH 4b ~' ~/ (Sign below if not incorporated) WITNESSES: (Sign below if incorporated) (Type or Print Name of Bidder) (Signature) (Type or Print Name Signed Above) Horizon Contractors, Inc. (Type or Print Name of Corporation) Joae M. Sanchez III, P.E. (Type or Print Name Signed Above) Incorporated under the laws of the State of: ITB No. 13-07108 January 2A, 2008 Florida CITY OF MIAMI BEACH 46 n ~~ 00405. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES: Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO THE CITY by virtue 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. The City of Miami Beach will require occupational licenses for Contractors 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. 2. Occupational licenses will be required pursuant to Chapter 205.065 Fforida Statutes. NOTE: a1 If the contractor is a State of Fforida Certified Contractor the following will be required: 1) Copy of State Contractors Certification 2) Ptace 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 Contractors 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 AND CORPORATE CERTIFICATES WITH YOUR BID RESPONSE BID No. 48-07/08 CITE' OF MIAIMI BEACH Page 47 of I44 DATE: 09/30/08 CITY OF MIAMI BEACH CAPITAL IMPROVEMENTS PROGRAM SOUTH POINTE PHASE II ROW IMPROVEMENTS -NEIGHBORHOOD NO. 12 PERMITS /FEES TOTAL SUGGESTED ALLOWANCE FOR PERMIT FEES: $110.281 I. MIAMI DADE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) A. DERM -Paving, Grading and Drainage Regulatory Review $490 FEE -PAID B. DERM -Paving, Grading and Drainage Construction Permit $93,631 FEE C. DERM -Tree Removal Permit $500 FEE D. DERM -Water Main Extension Permit $115 FEE -PAID II. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) A. Notice of Intent to Use a Genera( Permit for Construction of Water Main Extensions $250 FEE -PAID B. Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities $400 FEE C. Construction Permit Application for Class V Well $15,750 FEE III. CITY OF MIAMI BEACH PUBLIC WORKS DEPARTMENT A. ROW Permit Fee to be waived. B. Building Department -Plumbing, Structural, Electrical Fee to be waived. C. CMB Trailer Permit Fee to be waived. IV. FLORIDA DEPARTMENT OF TRANSPORTATION A. Utility Permit No fee. B. ROW Permit No fee V. MIAMI DADE TRAFFIC ENGINEERING DEPARTMENT No fee. BID No. 48-07108 CITY OF MIAIMI BEACH Page 48 of 144 DATE: 09/30/08 00407. SCHEDULE OF PRICES BID Consideration for Indemnification of CITY [ X ] Cost for compliance to all Federal and State requirements of the Trench Safety Act* 25.00 [NOTE: If the brackets are checked or marked, the Bidder must ' fill out the Trench Safety Act sheet, Page 64, Section 00540 SUPPLEMENT TO BID TENDER FORM TRENCH SAFETY ACT to be considered responsive.] BID No. 48-07/08 CITY OF M1AIM1 BEACH Page 49 of ] 44 DATE: 09/30/08 BID TENDER FORM -LUMP SUM BID AND UNIT PRICE BREAKDOWN BID No. 48-07!08 RIGHT OF WAY INFRASTRUCTURE IMPROVEMENTS FOR BID PACKAGE NO. 12C: SOUTH POINTE PHASE II Miami Beach, Florida UNIT PRICE BID BREAKDOWN The following unit quantity breakdown is provided 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 BID SUBMITTED. PROJECT: SOUTH POINTE ROW INFRASTRUCTURE IMPROVEMENTS PROGRAM PHASE II SUMMARY DIVISION 1 -GENERAL CONDITIONS ____ __ _ _____ DIVISION 2 - SITEWORK -~ - ~~~- DIVISION 16 - ELECTRICAL ALLOWANCES: Permit Fees Base Bid 110 281 Consideration-of Indemnification Base Bid _ _ _ ...~ ------~---..._)_...---- ----- .__-- ------------------------------- -------------------------- ...... 25 .00 ALTERNATES: Add Altemate No. 1 -Removal of Encroachments (ET-2, Specification-Section 02020~----------.----.__.__..,_.._-------------.__ ............................ ........................... Add Altemate No. 2 Cleaning of Existing Drainage stem Structures~S~ecifcation Section-01026 50 000.00 Add Altemate No. 3 -Vacuum Clean & Reconstitute Drainage well Structures __ _$ 25.000.00 Add Altemate No. 4 -Additional Isolation at all Crosses and_Tees_(Specification Section. 01005)____ . - __ _ Add Altemate No. 5 -For the Procurement of the Services of a Public Information Liaison Add Altemate No. 6 -For Providing Staging and Field Office Space (Specification Section 01026) BID No. 45-07/OS CITY OF MIAIMI BEACH Page 50 of I44 DATE: 09/30/OR BID BREAKDOWN ~' The following unit quantity breakdown is provided 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 the Grand Total Bid (Lump Sum Base Bid plus none, any or all Alternates which wilt be selected at the City's sole discretion). Bidders must fully complete the Bid Breakdown Form to include quantities, units of measure, unit pricing, and totals in order for the bid submission to be deemed responsive. Non-responsive bids will be disqualified from consideration for award of contract. NEIGHBORHOOD: No. 12 SOUTH POINTE ~ I PROJECT: (SOUTH POINTE ROW INFRASTRUCTURE IMPROVEMENTS PROGRAM PHASE it i I ' SUMMARY ~ ~ I DIVISION 1 -GENERAL CONDITIONS i I I $1,172,276.16 DIVISION 2 - SITEWORK I I I $4,047,812.57 DIVISION 3 -CONCRETE $943,733.83 DIVISION 16 -ELECTRICAL I $1,520,076.19 - 'TOTAL LUMP SUM BASE BID: _, i7;B83;900.75 ALLOWANCES: Permit Faes (Base Bid) 5710,287.00 Consideration of Indemnlfieation (Base Bid) ~' fti'y :-t.; - _ . ,.... I ~ -' I I I . .. _. .. Add Altemate No. 1 -Removal of Encroachments (ET-2, Spedfica0on Sedion 02020) i t00 ~ 5650.00 _ .. 1 S6S,OOD.OO - 1 I I I i I ! ~ 1 Add Alt emate No. 2 Cleaning of Existing Drainage S stem Struct r P F y u es er L of Pipe & per Structure (Spedfieafion Section ` 01026): I 1 ~ 1 550.000.0 0 1 1 I I I I I I Add Alternate No 3 V . - acuum Clean 8 Reconstitute Drainage well Structures (Bidder insert Unit Price & multiply by 5 to insert Total 5 EA I $11.250.00 556.25D.00 ~ ~ 1 ~ i ~ Add Altemale No. 4 -Additional Isolation at all Crosses and Tees (Speclfiration Section 01005) 16 i i i I ~ Add Alternate No. 5 -For the Procurement of the Services of a Public Information Liason I I i I I i I i Add Alternate No. 6 -For Providing Staging (SpeciOcalion Section 01026) ~ _ I EA i $3,500.00 Sss.ooo.Do j ~ LS $730,000.00 i I ' LS $48,000.00 .~ .~"" GRAND TOTAL BID: 57,663,901 - -BIDDERS /"^ .,,+~'"„ r~'"°' ' BIDDER „'DN.. 'N0. DeSORIPTIDN .` DUANTi'rY? .UNtT `,7UNI7PRICE. 1 TOTAL - ~'~ DIVISION 1-GENERAL CONDITIONS 1 Bonds end Insurance 3.0% % $7,512,914,00 $225,387.42 2 Mobilization 1 LS $615,132.80 $615,132.80 3 Cosl Associated w/Phased Substantial Completions 1 LS $29,041.02 $29,041.02 4 Survey And Layout Slle Controls 1 LS $159,884.60 $159,884.60 5 Maintenance of Traffic 1 LS $89,030.47 $89,030.47 6 Additional Misc. General Conditions -This line Item may include, but is not limited to: preconslruction video / photos, coordination with CMB PWD/residents/other contractors, monthly aerials, construction permitting coordination, oKice rental/field slat(/cledcal stet(/equipment, project constraint (no more than 650 LF or roadway and 415 LF of alleyways in a section be under construction al one time), project overhead and profll, etc. 1 LS $53,799.85 $53,799.85 7 DIVISION:1 -.GENERAL CONDITIONS TOTAL: 51,172,276:16 DIVISION 2 - SITEWORK STORMWATER: ' Dralnaee Structures 8 Weir Control (4' X 8') Jefferson Court (6' - 8') 1 Eq. $7.728.17 $7 729 17 9 Welr Control (6' X 12') Jefferson Avenue (8' • 10') 1 FA. $13,90829 $13,908.29 10 Catch Basin 30" X 4B" (Curb Inlet Frame, Hoad & Hinged Grate) (0'-6' Deep) 13 EA. $1.820.46 $23,685.98 11 Catch Basin 30" X 46" (Curb Inlet Frame, Hood & Hinged Grata) (6'-8' Deep) 30 EA. $2,044.96 $61,348.80 12 Catch Basin 30" X 48" (Curb Inlet Frame, Hood 8 Hinged Grate) (8'-1D' Deep) 5 EA. $2,349.69 $11,748.45 13 Catch Basin 30' X 48" (Valley Gutter Inlet) (0'-6' Deep) 3 FA. $1,425.75 $4,277.25 14 Catch Basin 30' X 48" (Valley Gutter IMeI) (6'-8' Deep) 6 EA. $1,629.89 $9,779.34 15 Catch Basin 4.0' X 8.0' (Valley Gutter total) (8'-10' Deap) 1 Fem.. $4,177.26 $4,177.26 16 Catch Basin 4.0' Round (Valley Gutter Inlet) (6'-6' Deep) 3 Fes,. $1,923.61 $5,770.83 17 Catch Basin 4.0' Round (Valley Gutter inlet) (8'-10' Deep) 1 EA. $2,025.68 $2,025.88 1 B Catch Basin 48" x 46" (Valley Gutter Inlet) (B'-10' Deep) 3 E4. $2,672.11 $8,016.33 19 Catch Basin 3.5' Round (Valley Guller Inlet) (8'-10' Deep) 1 EA. $1,814.75 $1,814.75 20 C atch Basin 3.0' Round (Valley Gutter Inlet) (0'-6' Deep) 1 F1~. $1,284.40 $1,284.4D 21 C atch Basin 42" x 42" (Valley Guller Intel) (0'-6' Deep) 1 EA $1 788 41 $1 798 41 22 C atch Basin 60" Round (Curb Inlet Frame)( 6'-8' Deep) 3 EA. $2,706.13 $8,118.39 23 Manhole 60" Round (6'-6' Deep) 5 E4. $2,299.22 $11,496.10 24 M anhole 60" Rountl (8'-10' Deep) 4 F.A. $2,665.3D $10.661.20 25 C atch Basin 48" Round (6'-8' Deep) 4 FA. $2,648.97 $10,595.88 26 M anhole 48" Round (Inlet) (8'-10' Deep) 9 FJ+. $1,933.14 817,398.26 27 M anhole 48" Round (Inlet) (10'-12' Deep) 1 lA. $2,224.38 $2,224.38 28 C atch Basin 42" Round (6'-8' Deep) 2 FA. $1,670.49 $3,340.98 29 M anhole 42" Round (Inlet) (6'-B' Deap) N!A EA 30 M anhole 36" Round (6'-8' Deep) 1 FJ~,. $1,538.48 $1,538.48 .~'"~" 'DN „ ,. ,ITEM . DESCRIPTION 7 _ _ _, x91~DERS,;; , ,~ Nt : _ ~..., . ~UaNTITY'i 'UNIT , ?UNIT1HRIDE ~% :TOTAL 'i'•• "a 31 Catch Basin 36" Round (0'-6' Deep) 2 EA. $1,421.85 52,843.70 32 Catch Basin 3.0' X 3.5' (Modlfied Curb-Sd148) (0'-6' Deep) 5 F.A. $1,776.75 $8,883.75 33 Catch Basin 3.0' X 3.5' (Modified Curb-Sd1g8) (6'-8' Deep) 1 EA. $2,137.69 $2,137.69 34 Catch Basin 17"x 27" (D-1) 2 EA. $1,017.61 $2,035.22 36 Conflict Manhole 60" Round (6'-8' Deep) 1 F.A. $3,074.24 $3,074.24 36 Conllicl Manhole 48" Round (0'-6' Deep) 1 EA. $2,777.56 $2,777.56 37 Confict Manhole 42" Round (6'-8' Deep) 4 EP,. $2,389.71 59,558.84 3B Conflict Manhole 36" Round (0'-6' Deep) 1 EA. $2,578.87 52,578.87 39 Box 4.10' x 5.0' I.D. (8'-10' Deep) N/A ~ 40 Catch Besin 3.0' Round (Curb Inlet Frame)( 6'-8' D 1 EA. $1,999.83 $1,999.83 41 Catch Basin 4.0' Round (Curb Intel Frame)( 0'-6' D 1 EA. $1,885.92 51,885.92 ADDED Catch Basin 4.0' Round (Curb Inlet Frame)( 6'-8' D 1 EA. $2,254,32 $2,254.32 ADDED Catch Basin 4.0' Round (Curb Intel Frame)( 8'-10' 1 EA 52 417 57 $2 447 57 ADDED Catch Basin 30" X 46" (Valley Gutter Inlet) (8'-10 2 EA. $2,243.42 $4,48fi.84 ADDED Catch Basin 60" Round (8'-10' Deep) 2 EA. $3,057.24 56,114.48 ADDED P-3 Catch Basin 42' Round (6'-8' Deep) 2 EA. 54,878.12 59,756.24 ADDED P-2 Ceteh Besin 42` Round (6'-8' Deep) 1 EA. 54,889.01 54,889.01 ADDED Catch Basin 60" x 60" (8'-10' Deep) 1 EA. 53,589.88 53,589.88 Mtscellanaous Works 42 Remove Tap Slab & fnleNCover of Exist. Struct. 8 Replace w/New Slab & InIeUCover 4 EA. $823.01 $3,292.04 43 Connect Exist. Storrs Pipe With New Structure 15 EA. 5344.81 $5,172.15 44 Connect New Storm Pipe With Exist. Structure 8 EA. 5563.07 54,504.56 45 Remove Existing Structures 39 EA. $242.01 59,438.39 46 Inspect and Clean Existing Structures 20 EA. $190.78 $3,815,60 47 Inspect and Clean Existing Storm Pipe 1 L.S. $7,631.18 $7,631.18 48 Remove Existing Stonn Pipe 1.255 L.F. $4,84 $6,074,20 49 50 Drainage Pioina 51 12-In HDPE Solid Pipe 740 L.F. $2g,3g $4.113.20 52 15-In HDPE Solid Pipe 1,300 L.F. $23.15 $30.095.00 53 18-In HDPE Solid Pipe 680 L.F. $26.43 $17,972.40 54 24-In HDPE Solid Pipe 4,320 L.F. $37,g7 $164,030.40 55 Reinforced Concrete Slab (for ground cover less than 24") 1 L.S. 519,077.96 $19.077.96 56 57 ~""" s^° ~ ~ "D~ ~ D ' :BIDDERS _ , s ~ " ;Dtv. n a 1N0. ' , ESCRIPTION ~ ~ .DUAIJTITY ~llNIT ;,,~ , f _ UNIRP,RICE"~~ TOTAL Gravity Well Svetem 58 24" D.I. Gravity Well 21 E.A. $26,073.21 $547,537.41 59 Structures for Gravity Wells 21 E.A. $11,993.12 $251,855.52 60 :SUBTQTAL",STARMWATER : i °';51,388;642:38 I WATER : i I (PAVEMENT ASSOCIATED WITH UTILITIES 61 Clearing And Grubbing 1500 SY $1.94 $2,910.00 62 Pavement Removal NIA SY 63 Bulk Excavation 3600 CY $6.07 $29,052.00 64 Geosynthelic Reinforced Foundation (Soft Soils Only) 1300 SY $30.00 $39,000.00 85 Type B Stabilization (lbr 30: 12-In ThiG<) 30280 SY $1.66 $50,264.80 66 LimeroG; Base (12-In Lifts, Double Course Primed) NIA SY 67 Type S-1 Asphaltic Concrete Pavement (2-In Thickness) NIA TN 68 Excavate and Dispose of Unsuitable materials WA ITN 68 TemporeryASPhalt Over Ftipe Trenches (1" Asphell over firm base) 320 TN $164.41 $52,611.20 7D 71 72 _ „ ~'~' ~.t{ N { ~inM~~'~ 4 ~Ri~' ~~ ,~X ~ • 'i ~ .,: _'1 ~'c`yr:'. 1 ( UTILITY WORK • WATER 73 Fumish and deliver 12" 0.1. Pipe, Fittings and Valves for water main, including restrainment, complete. 660 LF $61.31 $40,464.60 74 Install 12" D.1. Pipe, Flttings and Yalves for water main, including restrainment, complete. 660 LF $14.52 $9,583.20 75 Fumish end deliver 8" D.I. Pipe, Flttings end Valves for water main, inGuding restrainment, complete. 4020 LF $37.83 $152,076.60 76 Install 8" D.I. Pipe, Flttings and Valves for water main, inGuding reslreinmenl, complete. 4020 LF $12.10 548,642.00 77 Fumish and deliver 6" D.I. Pipe, Fillings and Valves for water mein, inGuding restrainment, complete. 140 LF $85.50 $11,970.00 78 Install 6" D.I. Pipe, Fillings and Valves for water main, including restrainment, complete. 140 LF $10.37 $1,451.80 79 Fumish and deliver 4" D.I. Pipe, Flttings and Valves for water main, including restrainment, complete. 100 LF $79.08 $7,90(1.00 BO Install A" D.I. Pipe, Fittings and Valves for water main, including restrainment. complete. 100 L F $10.36 $1,036.00 61 Furnish 8 Install Air Release Valve Assemblies (A.R.V: s) for water main (complete). 21 E A $645.36 813,552.56 82 Fumish 8 Install 20" x 8" Tapping Sleeve 8 Tapping Valve and make conect to exist. 20" W.M. complete. 5 E A $7,145.71 $35,728.55 83 Furnish 8 Install 12" x 8"Tapping Sleeve 8 Tapping Valve, & make connect. to exist. 12" W.M.complete. 5 F A $5,065.51 $25,327.55 84 For making a connection to an existing 12" D.I. water main complete. 2 E A $1,852.05 $2,904.10 85 For making a connection to an existing 8" D.I. water main complete. 2 t= A $1.161.65 SZ,323.30 86 F or making a connection loan existing 6" D.I. wafer main complete. 6 F em. $968.04 $5,808.24 87 F or making a connection to an existino 4" D.I. water main complete. 5 E A $726.03 53,630.15 ,,,a*, DN ireM ', ., DESCRIPTION :: ;. , !iBIDDERS,,. 1 . ~ND. ~_ ^UANTIT.Yr x .. ,. ( #11NR .. :.. y - SUNIT'PRIGE `~ ~.:, T02iAL ,:` BB Furnish and Install Fire Hydrants assemblies, complete 2 F-P, $3,656.81 $7,717.62 89 For installing 1-inch single water services including boxes, and miscellaneous matedal. BO EA $3.000.0 0 $240,000.00 90 For installing 2-inch single water services including boxes, and miscellaneous material. 14 EA $3,500.0 0 $49,000.00 91 Remove and Disposal of Unsuitable soils 3600 CY $12.66 $45,576.00 92 Furnish and Install addllional suitable backfill malarial 3600 CY $19.53 $70,308.00 93 Furnish 8 Install Polyethylene wrap for D.I.P. as ordered by the Engineer 4920 LF $2.11 $10,361.20 94 Construct Asphaltic Conc. Surtace Course T ype S-1 (2" Min.) for Pavement Restoration. N/A TN 95 Construct Compacted Limerock Base (12" Min.) (or Pavement Restoration. WA SY 96 Installation of Trench overcul in 1' depth increments. 91140 LF $1.82 $17,908.80 97 Sheeting 8 Shoring left in place as ordered by Eng. N/A SF 98 Fumish and Install Concrete Sidewalk WA SY 99 Furnish end Install Concrete Curb & Gutter WA LF 100 Remove F~tist. W.M. Valve boxes 8 riser on main to be placed out of service to 2' below finish grade 25 EA $121.03 $3,025.75 101 Adjustment of Existing Wator Main valve boxes to match finish asphalt finish grade 20 FJ+ $191.06 $3,821.20 102 Adjustment of Existing Sanitary Manhole to match finish asphalt finish grade 20 EA $22824 $4,584,80 103 Place out of Service end Remove Existing Fire Hydrants 1 F1~ $241.43 $241.43 104 12-Inch euttertly Valves and Boxes 7 EA $1,681.72 $11,772.04 1D5 12-Inch DIP Fftling (45 Degree Bend) 26 EA 5667.84 $17,363.84 106 107 108 109 110 ~,, ~ ' I~ ` j ~ ~'' ~ '~J~BTOTAL'llTILtTY~WORK IM1IA~ } '> ~ ~'` ~ ~': fir. ~t s , ~ '~i6~"d'~ID7 . "~'- ISTREETSCAPE: Hardacaoe 111 New Pavement (New grading, 2" Asphalt. 12" Limerock Base 8 12' Stabilized Sub-Base) (Alleys) 7075 SY $Z9.37 $207,792.75 112 New Pavement (New grading, 2" Asphalt, 12" Limerock Base & 12" Stabilized Sub-Base) (Sts. & Aves) 23205 SY $27.35 $634,656.75 113 Remove Existing Pavement N/A SY 114 Bricked Driveway 20 SY $82,67 $1,653.40 115 Remove Existing Sidewalk 10142 SY $2.64 $26.774.88 116 Remove Existing Curb And Guller 8590 L.F. $1.45 $12,455.50 117 Remove Existing Valley Gutter 27D0 L.F. $1.45 $3,915.00 118 Remove Existing Parking Meters 6 E.A. 572.60 5435.60 119 120 .,A„'." ,~ `ITEM ~ __ ' _ _ • ~ ` - ,~' ~IDDER6 , G ~:DN r tN0. ~DESCR{PTJON ~ !' ,I~UANTITY ~ `~:UN[r UNITPRtCE ~ T.OTAC Pavement Merkino end Sianaae 121 Doubts 6" Yellow (Inlerseclions) 2754 L.F. $2.03 $5,590.62 122 24"Solid White (Slop Bar) 521 L.F. $4.45 $2,318.45 123 10'-30', 6" Yellow Skip Line 1020 L.F. $1.02 $1,040.40 124 6" Solid White (Parkings) 8505 L.F. $1.02 $8,675.10 125 Reflective Pavement Marking (Bi-DirecBonal Amber) 1049 EA $5.72 $6,000.28 126 6" Blue Handicap 151 L.F. $2.54 $383.54 127 Double 6"White (Crossway) 1160 L.F. $2.03 $2,354.80 128 Double 6" Solid Whlte (Logltudinal Line) (School Zone) 7896 L.F. $2.03 $16,028.88 129 12" Solid Whlle (Stripe Line) (School Zone) 1824 LF. $2.16 $3,939.84 130 2'~' , 6" Yellow Skip Line 12 L.F. $2.54 $30.48 131 Pavement Messages 15 E.A. $120.83 $1,812.45 132 Remove and Relocate Existing Signage 148 E.A. $326.87 $48,376.76 133 16' Solid Yellow (Thermo) 2543 L.F. $2.54 $6,459.22 134 6" Solid Whlte/Yellow (Thermo) 204 L.F. $1.02 $ZD8.06 ADDED 24" Therrnoplas8c White Stripe Zebra Crossing 500 L.F. $4.45 $2,225.D0 LANDSCAPE 8 IRRIGATION REMOVALS: 135 LARGE TREE REMOVAL 86 EA. $502.71 $43,233.06 136 PALM REMOVAL 48 EA. $151.26 $7,260.48 137 138 RELOCATIONS: 139 PALM RELOCATION NIA EA. 140 TREE RELOCATION N/A EA. 141 TREES: 142 SHADE TREES - 14' HT. 80 FJ~. $41927 $33,541.60 143 SHADE TREES - 16' HT. 33 EA. $408.99 $13,496.67 144 SHADE TREES - 18' HT. 1 EA. $1,112.88 $1,112.88 145 SPECIMEN SHADE TREES - 18' HT 1 EA. $1,971.39 $1,971.39 146 MEDIUM/ SMALL TREES - 12' HT. 76 EA. $393.08 $29,874.08 147 MEDIUM PALMS - 16' HT. 219 EA. $362.28 $79,339.32 148 GROUNDCOVER - 3 GAL. UNDER CALLOPHYLLUMS 9845 EA. $10.91 $107,408.95 149 EXISTING TREE TRIMMING/ SHAPING 50 EA. $62.67 $4.133.50 ACCESSORIES: :DIV. ~ iT2M ~NO.. ~~ DESDRIPTIDN i ,,.~-. 150 ROOT BARRIERS -FOR 6'X6' TREE GRATES 151 ROOT BARRIERS - 24" DEPTH PANELS LINEAR 152 TREE GRATES- CONCRETE 153 TREE GRATES- METAL 154 ST. AUGUSTINE SOD (INCLUSIVE OF TOPSOIL) 155 156 157 158 AUTOMATIC IRRIGATION (2ND ST, 4TH ST, SCHOOL PLAZA) 159 CONTROLLERS -CONNECTIONS FOR AUTOMATIC IRRIGATION 160 WATERING FOR ESTABLISHMENT 61 AUTOMATIC IRRIGATION FOR CORNERS 162 163 164 =BIDDPI~S;,;~, ': - ~DUANTITY,UNIT ~UNfTiPRIGE ~; _ TOTAL 136 EA. $199.06 $27,072.16 4000 LF $8.41 $33,640.00 136 EA. $1,119.49 $152,250.64 N/A EA. 23500 SF $0.51 $11,985.00 ~.~,~ - - - ---~~-., .__.,-,.,r..w...~ DIVISION 2 - SfTfWDR_K'Tt DIVISION 3 -CONCRETE 165 Sidewalk (4•In Thickness W/Color) 166 Sidewalk (6-In Thickness W/Color) 167 Sidewalk Curb Ramp (W/Detactable Warning Surface) '168 Concrete Curb And Gutter 169 Concrete Valley Guller 170 Concrete Curb 171 Concrete Driveway 172 173 174 175 176 177 :SUBTOTu4C'dCONCR ~ DIVISION 3 -CONCRETE TOT 16 • ELECTRICAL 1 LS $82,586.23 $82,586.23 3 EA• $2,580.36 $7,741.08 1 LS $6,359.32 $6,359.32 1 LS $25,090.52 $25,090.52 'I I I ,14,047;8 9614 SY $44.84 5429,188.96 1297 SY $54,94 $71,257.18 84 E.A. $635.93 $53,418.12 11578 L.F. $17.81 $206,204.18 4786 L.F. $16.53 $79,112.58 4093 L.F. $17.17 570,276.81 1429 SY $24.00 $34,296.00 ~' 1'$943733:83 AL: .5943,733.83 178 179 180 181 182 183 184 185 186 167 188 189 190 191 192 193 194 195 196 197 19B 199 200 201 202 203 (electrical SenricelSlreet Llahtina: Disldbulion Service Panels-(Nema 3R -Stainless Steel) Lightning Arresters Contactors -60 A- 3P Contactors -100 A- 3P Photocells Electrical Equipment Support Structures Electrical for irrigation controllers Conduit. Wire And Trenchirgi Pvc Schedule BO #4 Awg Wiring (Thwn-Cu) Trenching(6' X 7) Incl. Back811 #6 Awg Wiring (Thwn -Cu) Misc. Conduit And Wiring Light Poles: Light Poles (New)12 Ft Fiberglass Poles Existing Lighl Poles (Removal) Exist Light Pole Recondition And Re -Install Demolition And Disposal Of Existing Electrical 1 Lighting Brooks Products 36' Boxes Driven Ground Rods And Connections( Copper Clad 3/4" X10') Ground Clamps Concrete Bases New Luminaires (Holophane-Grenville W/Lunar Optics) And Lamps FPL Service Connection 13649 42447 13649 14149 1 LF LF LF LF LS 24 IE/ 79 EE 1 L8 216 EF 216 Ep 216 EA 175 55 174 IEA 1 LS 55,498.27 516.494.81 $158.98 $476.94 $616.85 53,084.25 $1,138.31 $1,138.31 559.78 $179.34 $400.64 $1,201.92 52,281.72 ( $6,845.16 $6.04 $82,439.96 $4.32 5183,371.04 84.07 $55,551.43 $2.61 536,928.89 513,105.29 513,10529 52,11129 5202,683.84 5108.11 52,594.64 5699.53 555,262.87 53,179.66 53,179.66 5585.06 5126,372.96 $44.52 59,616.32 $11.32 $2,445.12 5744.04 5130,207.00 53,365.67 5585,626.58 51,271.86 $1,271.86 DIVISION 16 - ELECTRICAL TOTAL: 51,520,078.19 u ►P.Au VASE ...1 ........... .............. Light Poles...(New).12 Ft Fiberglass. Poles 154 Existing Light Poles (Removal) _ 155 Exist Light Pole Recondition And Re- stall ................................................................................................................................................................. 156 De olition And Disposal Of Existing Elect ' al /Lighting 157 Brooks oducts 36" Boxes 158 Driven Gro d Rods And Connections (Copper Cla 4" X 10') 159 Ground Clamps 160 Concrete Bases ........................................................................................................................ . . ...................... .... .. .. New Luminaires (Holop ne-Granville 161 -,-..~.._..~ .....W/Lunar.Optics). And...Lam .._...... . 162 FPL Service Connection BIDDER'S AFFIRMATION \ OUR UlMP SUM BASE BID INCLUDES THE TOTAL COST FOR THE WORK SPECIFIED IN THIS BID, CONSISTING OF FURNISHING ALL MATERIALS, ~"" LABOR, ECtUIPii#IENT; SlliaERVISION, MOBiL:~kTION, DEMOBILi~ATiO'Ri; ` . _'.`, '.::: '~~lLRH~iG~ B~ ~i~~f3rl~ INSURANCE, PERMITS AtdD TA~-ES ~`~? Ct311iIhi~TE TH`c WORk ib THE FULL iiryTENT AS SHOWN OR 6NDICATED IN THE PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENT'S. FIRM'S NAME SIGNATURE: TITLEIPRINTE ADDRESS: 8175 West 32nd Avenue TELEPHONE NUMBER: f305) 828-2050 FAX: (305) 820-0905 EMAIL: jsanchezQhcimail.net BID No. 48-07108 CITY OF MIAIIvII BEACH Page 57 of ] 44 DATE: 09/30/08 .~~ 00410. BID GUARANTY FORM /UNCONDITIONAL LETTER OF CREDIT Beneficiary: City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Date of Issue Issuing Bank's No. Applicant: Amount: Expiring: (Date) Bid/Contract Number We hereby authorize you to draw on at (branch address) of in United States Funds (Bank, Issuer name) by order of and for the account (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 of the City of Miami Beach, or his authorized representative, that the drawing is due to default in pertormance of obligations on the part of agreed upon by and (contractor, applicant, customer) between City of Miami Beach, Florida and (contractor, applicant, customer) pursuant to the Bid/Contract No. for (name of project) Drafts must be drawn and negotiated not later than (expiration date) Drafts must bear the clause: "Drawn under Letter of Credit No. of dated (Bank name) BID No. 48-07/08 CITE' OF MIAIMI BEACH Page 58 of 144 DATE: 09/30/08 This Letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, 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 Letter of Credit that such drafts will be duly honored upon presentation to the drawee. The execution of the Contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the (contractor, applicant, customer) shall be a release of all obligations. This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 1X00 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 la-+w should arise, Florida law shall prevail. Authorized Signature BID No. 48-07/08 CITY OP MIAIMI BEACH Page 59 of l ~I DATE: 09/30/08 00500. SUPPLEMENT TO BID/TENDER FORM: THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID, HOWEVER, ANY ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS 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? License/Certification#/Registration# # Years Jose M. Sanchez- E-874 14 years Joae M. Sanchez- CG0008543 33 years Joae M. Sanchez III- CUC1224022 4 nears 1A. What business are you in? General Engineering contractor 2. What is the last project of this nature that you have completed? '~ SR 5 (Biscayne B~vd ) DOT (Con a *• crp..o mrr„o p (30 17QS iSa~j (Landscaping; irrigation/Cut & Fi1:. work/Paving%Concrete/Drainage,'AsnhalL/LiyY:~ing,J ~- --• - Signalization/Vegetation Removal/Str~etscape Work; Ri. ht of :4ay ~:onetriict'~co*i and M.O. T 3 Whv~ you ever failed to complete any work awarded to you? If so. where and Y~ No 3A. Give owner names, addresses and telephone numbers, and surety and project names, for all projects for which you have pertormed work, where your surety has intervened to assist in completion of the project, whether or not a claim was made. Jose M. Sanchez 7110 Glen Eagle Drive Miami Lakes FL 33019 4. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: 4 ~• Fred Martinez- 5601 East eth Ave Hialeah FL 33013 (305)687 2611 .(name) (address) (phone #) ITB No. 13-07/08 January 24, 2008 CITY OF MIAMI BEACH 64 4 2 Hiep Huynh- 17050 NE 19th Ave. North Miami Beach, FL 33162 (305)948-2925 (name) (address) (phone #) 4.3. Scott Pritchard- 444 SW 2nd Ave. Miami, FL 33130 (305)416-1236 (name) (address) (phone #) 5. List the following information concerning all contracts in progress as of the date of submission of this bid. (tn case of ca-venture, list the information for all co-venturers. ) ORIGINAL CURRENT DATE OF % OF NAME OF OWNER & CONTRACT CONTRACT COMPLETION COMPLETION PROJECT PHONE # VALUE VALUE PER CONTRACT TO DATE (See Attached List) (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, preliminary survey was performed and aerial photos were taken. 7. What equipment do you own that is available for the work and provide copy of their maintenance records? Make: Model: Year: (See Attached E ~~nment Li at) 8. What equipment will you purchase for the proposed work? Make: Model: Year: _____ (None _. ITB No. 13-07!08 January 24, 2008 CITY OF MIAMI BEACH 85 ~~ g. What equipment will you rent for the proposed work? Make: Modet: Year: (None) 10. State the Warne of your proposed project manager and superintendent and give details of his or her qualifications and experience i~n managing similar work that used "Primavera P3" scheduling software. Xavier Salvat- Project Manager Michael Serrano- Superintendent (See Attached Resumes) 11. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do husiness and the address of the place of .:...::_~:business..,:;..(df.a..corr~o.retion, state th.~name of the..:presid~nt.and sQ^.-r*~~}~ ~f a partnership, s+Mte the names of all partners. If a trade name, state +he names of the individuals who do business under the trade name). 11.1 The correct name of the Bidder is aorizon Contractors, Inc. 11.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). Corporation 11.3 The address of principal place of business is 8175 West 32nd Ave. #1 Aialeah, FL 33018 11.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: A No. 13-07!08 nary 24, 2008 CITY OF MIAMI BEACH 56 ~/~VIF.~ SA.T~VAT, E.I. EXPERIENCE 2004 Present Horizon Contractors, Inc. Miami, FL Project Manager ^ Administration of heavy roadway .construction projects for both local municipality and state agencies. ^ Ensure construction conforms to contract documents, project plans, and standard design specifications ^ Supervise and coordinate all drainage, roadway, signalization, lighting, concrete, maintenance of traffic, installation of sanitary sewer facilities as well as water distribution infrastructures. ^ Logistical coordination of equipment, personal, supplies, and subcontractors. ^ Ensure proper billing and fund disbursements of subcontractors. ^ Processing of regulatory forms, submittals, and project data. ^ Maintain strict records and tabulations of all quantitative data related to construction. ^ Ensured timely completion and budget restraints for numerous projects for both local and state agencies. EDUCATION o ,c,~«.,~ x: r :,..~, ~ 12~£ ,2002 .. :;i~Iiarxii:l)ad... C,ollkge ^ Associates of Arts .2002-2004 University of Florida Gainesville, FL ^ Pursued B.A., Civil Enginccriag Scicncc 20042007 Florida International University Miami, FL ^ Bachelor of Science in Civil Engineering ^ Active member of American Society of Civil Engineers = Active member of Society of Hispanic Professional Engineers i7T1 AT,TFT%ATTONS Quality Control Construction Certifications a Quality Control Manager ^ Earthworks Technician, Level I & II ^ Asphalt Paving Technician, Level I & II ^ ATSSA Construction Worksite Traffic Supervisor ^ Radioactive Safety Officer ^ Nuclear Gauge Operator F?,?: (305) 820-0905 • XSALVATQHORIZON-CONTRACTORS.COM 8175 WEST 32ND AVENUE SUITE #I • HIALEAI-3, FL 330]8 • P]-IONE (305) 82&2050 8175 West 32nd Avenue, Suite #1, Hialeah, Florida 3301 S Phone: (305) 828-2050 Fax: {305) 820-0905 Michael Serrano Superintendent Experience Horizon Contractors, Inc. August 2001 to Present Michael has a widespread experience in the supervision of 50% of all of our projects over the last 7 yeazs with '"'"~` r?o-~izor rontract;~r;~, ?nc. Prinr responsibilzW~es consist of multiple assi~Pnts *_o various .sewer. and wat,Ar Iine impr~~enrt~ii~s ~uh~e~uk°ii ii"~ var? 1t~y "~?f reigh~iai`httocis~th*_~ot:~h~ut Niiani=Da:ie ~;o~aaiy. Ize lids cxt:l~ivc experience in superti~,iug anu organising wort; crews on several projects. He is currently managing the City of Miami Beach Normandy Isles project in progress. ,~°- 11.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. M. Vila & Associates 11.6. List and describe all 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 of each such petition. None 11,7. List and describe all successful Performance or Payment Bond claims made to ~~our surety(ies) during the last five (5) years, The list anct :descriptions shoul;t it:ciude cleims wyc:inS. the band ofxthe~:~Bidt~~r~ar-~?~:+It4 predecessor organzzation(s). None 11.8 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. None ITB No. 13-07!08 January 24, 2008 CITY OF MIAMI BEACH 67 11.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, its principals or officers or predecessor organization(s) were defendants. 11.10. 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. None ~~^^ 11.11. l.~nder what conditions does the Bidder rQqueSt Change Orders. .,,ri4vti.,i{$Ltil~'~;}'ti=,itflgr;..l sa :+'!tcl•'..~~ri .,r•. - ~ ..e. -,r ~,lii. ._ .... .. _. .., .. , Unforeseeable conditions in which the condition is not represented in the plans or that the activity is not an industry standard. 11.12 You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlfing financial interest' shall mean the ownership, directly or indirectly, of 1 Q% 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. Jose M. Sanchez _. ITB N°. '13-07108 January 24, 2008 CITY OF MIAMI BEACH 58 12. Individuals or entities (including our sub-consultants) with a controlling financial interest: have X have not contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. None 13. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal Government or any State or Local Government or subdivision or agency thereof? Yes No 14. Are any indictments, debarments, disqualifications, or suspensions referenced on the previous page current? Yes X No ^"° if the answer tc 13 or 14 t5 yes, a~tach ~ wntten detaiisd explanation ' .:. . .. - .._ .yp uY.r, Y'~?k !(his- iLHF. N3•"v f~LY...~C1~ .. _.. .. i. - ..Yi.rii'11` . ... ~ ~ _. ITB No. 13-07108 January 24, 2008 CITY pF MIAMI BEACH 59 ~• ~ VA(_IDATION: The undersigned certifies that the information provided in this questionnaire is correct and accurate. IF PARTNERSHIP: Signature Print Name Print Name of Firm Address Title: Jose M. Sanchez III Print me ;:`~t'"+lo• dice Pres3.dent . ,. W(TNES i na Xavier Salvat, E.I. Print Name Title: Project Manager Atte: RB No. 1307/08 January 24, 2008 Horizon Contractors, Inc. Print Name of Corporation 8175 West 32nd Ave.#1 Hialeah, F~ 33018 Address . I°• ...c..y,i~.ti Ai'ii''1.l~t~`.SuW~ii:•:t C.'.Ci-;:(5~.i$R :'t.i:.- ~ ... ORATE SEAL) Secretary GITY OF MIAMI BEACH 60 00520. SUPPLEMENT TO BID/TENDER FORM NON-COLLUSION CERTIFICATE THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. SUbmltted this 14th day Of November , 2008. 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 formal 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 i~ ,•~ number: B' Na. 13-07108. .: upon the documents identified by the following SIGNA Jose M. Sanchez III, P.E. PRINTED NAME Vice President TITLE (IF CORPORATION) rrs No. 13-o~roa January 24, 2008 ... .Fn _ ...~.pry~. CITY OF MIAMI BEACH 61 00530. SUPPLEMENT TO BID/TENDER FORM DRUG FREE WORKPLACE CERTIFICATION THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO BE DEEMED RESPONSIBLE. The undersigned Bidder hereby certified that it will provide a drug-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 pertormance 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; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who 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 BID No. 48-07/08 CITl' OF MIAIMI BEACH Page 68 of l ~4 DATE: 09/30/08 state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain adrug-free workplace implementation of subparagraphs(1)thvough (6). STATE OF Florida COUNTY OF Miami- Dade The foregoing instrument was acknowledged before me this 14th day of November , 20~g_, by TnaP m Sanchez TIT P E as (name of person whose signature is being notarized) Vice President (title) of Horizon Contractors, Inc. , (name of corporation/company) known to me to be the person described herein, or who produced known as identification, and who did/did not take an oath. ' I~OTAP.Y P! iR! IC: (Signature) Idalia A. Dobao "^^."^"":""' ,Ip~ y. DOBAO (Print Name) ~''~,~~~ M;~ coMrn-sslon y nnasozsa (: •,._. ~s~tcti~,;, F.YPIRL'5:July 14.'1009 4 ~;:,=~ FI. nmary D.:mum assoc. Co. S ,.FUaa•rrorartr ~~`y. My commission expires: July 14, zoos ITB No. 13-07!08 January 24, 2008 Cn'1' OF MIAMI BEACH 63 (Print Vendor Name) 00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. (SEE SECTION 00407) On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.5.1926.650, 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 ADOtTIONAL WORK. The Bidder further~identified the costs and methods summarized below: Ruantity Unit r ,. ~ Ice :~escn.pzion ; _ ::..;; :,nit Price Shoring LF 7230 $ 2.00 Total ~ 14, 460.00 E xt~nded NiQthod . $ 14,460.00 Trench Box IN ORDER TO BE CONSIDERED RESPONSIVE, THE BIDDER MUST COMPLETE* THIS FORM, SIGN AND SUBMIT IT WITH ITS BID DOCUMENT. ITB No. 13-07/08 January 24, 2008 CITY OF MIAMI BEACH 64 HEADINGS, i.e., DESCRIPTION, UNIT, QUANTITY PRICE. UNIT PRICE, EXTENDED, AND METHOD.