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ITB 2013-380TC Bid Open 8.26.2013 i o INVITATION BID Parkview Island Right-of-Way Improvements ITB No. 2 013-380TC BID ISSUANCE DATE: JULIA 26, 2 013 BID OPENING: AUGUST 26, 2 013 AT 3 P.M. Theo Carrasco, Ph.D., CPPO, CPPB, Senior Procurement Specialist A. DEPARTMENT OF PROCUREMENT MANAGEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 www.miamibeachfl.gov MIAMI I C:UMM1551UN I I tM SUMMARY Condensed Title: Request for Approval to Award a Contract, Pursuant to Invitation to Bid No. 2013-380TC, Parkview Island Right-of-Way Improvements Key Intended Outcome Supported. Ensure well maintained facilities and ensure quality and timely delivery of capital projects. Supporting Data (Surveys, Environmental Scan, etc: The 2009 Customer Satisfaction Survey indicated that 79% of businesses rated recently completed capital improvement projects as"excellent"or"good." Item Summa /Recommendation: According to the Water System Master Plan the enhanced system will provide more capability to deliver the required quantities of domestic water at proper pressures an a day-to-day basis to the community and will provide adequate water flows for fire suppression. Furthermore,the streetscape improvements will provide abetter safety environment for pedestrian and traffic on the island. This project is funded primarily through the HUD Section 108 Loan. Asa condition to the loan,the City must complete the project prior to the loan's expiration on May 1,2014. The work forthis project includes improvements within the Parkview Island Neighborhood consisting of the replacement of the 6"water main with an 8"water main and repaving the roadways. Contractor must produce final as-builts in CAD and all pay applications must include area photographs updated every month. Invitation to Bid(ITB)2013-380TC was issued on July 26,2013,with an opening date of September 4,2013. The pre-bid conference was held on August 7, 2013. During the pre-bid co*rence, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. The Public Group and Florida Purchasing Group issued bid notices to 61 and 271 prospective bidders respectively of which 20 and 10 accessed the advertised solicitation respectively. In addition,156 vendors were notified via email,which resulted in the receipt of nine(9) bids. Of those nine bids,only four(4)were deemed responsive after the Department of Procurement Management's review as noted in more detail in the attached memorandum. RECOMMENDATION After considering the review and recommendation of City staff,the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. The low bidder,Ric-Man International,submitted a project cost of$999,740.00. However, Section 2-369 of the Miami Beach City Code, states that, in addition to price, the following criteria shall be considered when making an award recommendation: the ability, capacity and skill of the bidder to perform the contract; whether the bidder can perform the contract within the time specified,without delay or interference;the character,integrity, reputation,judgment, experience and efficiency of the bidder; the quality of performance of previous contracts; and the previous and existing compliance by the bidder with applicable laws. Ric-Man International, Inc. was among the contractors named in the Affidavit in Support of Arrest Warrant (of former Procurement Director Gus Lopez). Notwithstanding that the company has not been charged at this time with any criminal offense by the State Attorney's Office,the City has concerns regarding its character,integrity,reputation,and judgment,and any further potential consequence resulting from this ongoing investigation that may limit the company's ability to perform the contract requirements. Also, upon reviewing the Ric-Man International's financial capacity, through the required Dun & Bradstreet Supplier Qualifier Report(SQR),it has been noted that the firm is identified a"high risk"firm.The SQR provides information and evaluates suppliers according to risk,financial stability and credit information. Accordingly,pursuant to the criteria to be considered in determination of award pursuant to Section 2-369 of the City Code,Ric-Man International,Inc_has been deemed non-responsible and it is recommended that the City not consider its bid submitted in response to this ITB. As a result,the City Manager recommends to the Mayor and City Commission to award the construction contract to Metro Equipment Service,Inc.as the lowest responsive,responsible bidder and authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. Advisory Board Recommendation: NA Financial Information: Source of Amount Account F 1 $971,292 115-2322-069357--HUD Section 108 Loan 2 $355,236 424-2322-069357—Water&Sewer Bonds 2000S Total $1,326,528 Financial Impact Summa y: City Clerk's Office Legislative Tracking:_ Eric Carpenter,Extension 6641 Sign-Offs: Department Director Assistant City Ma er City anager AD EC Zf= MT KGB JLM F:IT_ ve1AGENDA120131September 111Procurementll 13-380TC-Parkview ROW- u mary.doc AGENDA ITEM. A R A IRW MIAMIBEACH 3 DATE i _ MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and mbers the City Commission FROM: Jimmy L. Morales, City Manage DATE: September 11, 2013 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT, PURSUANT TO INVITATION TO BID NO. 2013-380TC, PARKVIEW ISLAND RIGHT-OF-WAY IMPROVEMENTS. ADMINISTRATION RECOMMENDATION Approve the award of contract. KEY INTENDED OUTCOME SUPPORTED Ensure well maintained facilities and ensure quality and timely delivery of capital projects. FUNDING $971,292 115-2322-069357— HUD Section 108 Loan $355,236 424-2322-069357—Water& Sewer Bonds 2000S $1,326,528 Total BACKGROUND According to the Water System Master Plan the enhanced system will provide more capability to deliver the required quantities of domestic water at proper pressures on a day-to-day basis to the community and will provide adequate water flows for fire suppression. Furthermore, the streetscape improvements will provide a better safety environment for pedestrian and traffic on the island. This project is funded primarily through the HUD Section 108 Loan. As a condition to the loan, the City must complete the project prior to the loan's expiration on May 1, 2014. SCOPE OF SERVICES The work for this project includes improvements within the Parkview Island Neighborhood consisting of the replacement of the 6" water main with an 8" water main and repaving the roadways. Contractor must produce final as-builts in CAD and all pay applications must include area photographs updated every month. ITB PROCESS Invitation to Bid {ITB} 2013-380TC was issued on July 26, 2013, with an opening date of September 4, 2013. The pre-bid conference was held on August 7, 2013. During the pre-bid conference, prospective bidders were instructed on the procurement process and the information their respective proposals should contain. 4 i Commission Memorandum—ITB 2013-380TC—Parkview Island Right-of-Way Improvements September 11, 2013 Rage 2 The Public Group and Florida Purchasing Group issued bid notices to 61 and 271 prospective bidders respectively of which 20 and 10 accessed the advertised solicitation respectively. In addition, 156 vendors were notified via email, which resulted in the receipt of the following nine (9) bids: • Central Florida Equipment Rentals, Inc. • David Mancini & Sons, Inc. • Inland Construction &-Engineering, Inc. • Lanzo Construction Co. Florida • Metro Equipment Service, Inc. • Ric-Man Construction Florida, Inc. • Ric-Man International, Inc. • Team Contracting, Inc. • Williams Paving Co. Inc. Through the Department of Procurement Management's review of each bid for responsiveness, David Mancini & Sons, Inc. was deemed nonresponsive for failing to the minimum ten (10)year experience requirement noted in the ITB. Williams Paving Co., Inc., Ric-Man Construction Florida, Inc., Central Florida Equipment Rentals, Inc., and Team Contracting, Inc. were also deemed nonresponsive for failing to submit omitted information as requested by the Department of Procurement Management. As a result, the following table provides the proposed total base bid prices, with and without alternates, of the four(4) responsive bids: • Ric-Man International, Inc. $999,740 • Metro Equipment Service, Inc. $1,205,934 • Lanzo Construction Co. Florida $1,659,125 • Inland Construction& Engineering, Inc. $1,818,075 CITY MANAGER'S DUE DILIGENCE After considering the review and recommendation of City staff, the City Manager exercised his due diligence and carefully considered the specifics of this ITB process. Section 2-369 of the Miami Beach City Code, states that the following criteria shall be considered when making an award recommendation: • The ability, capacity and skill of the bidder to perform the contract. • Whether the bidder can perform the contract within the time specified, without delay or i nterference. • The character, integrity, reputation,judgment, experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with Applicable Laws relating to the contract. Ric-Man International, Inc. was among the contractors named in the Affidavit in Support of Arrest Warrant(of former Procurement Director Gus Lopez). Notwithstanding that the company has not been charged at this time with any criminal offense by the State Attorney's Office, the City has concerns regarding its character, integrity, reputation, and judgment, and any further potential consequence resulting from this ongoing investigation that may limit the company's 5 Commission Memorandum—ITB 2013-380TC—Parkview Island Right-of-Way Improvements September 11, 2013 Page 3 ability to perform the contract requirements. Also, upon reviewing the supplier qualifier report on Ric-Man International, Inc. provided by Dun & Bradstreet, the company was found to be a "high risk" and it is in the best interest of the City to avoid entering into agreements with companies considered to be such a potential risk. Accordingly, pursuant to the criteria to be considered in determination of award, as stated above, Ric-Man International, Inc. has been deemed non-responsible and the City will not consider its bid submitted in response to this ITB. As a result, the City Manager recommends to the Mayor and City Commission to award the construction contract to Metro Equipment Service, Inc. as the lowest responsive, responsible bidder and authorize the Administration to engage in value engineering to further reduce the cost and time for completion of said project. Although Metro Equipment Service, Inc. was the second-lowest bidder at $1,205,934, their bid, including 10% contingency meets the estimated budget for this project. Metro Equipment Service, Inc. has been providing general construction services to South Florida since 1.987. Metro has extensive experience in stormwater drainage, underground utility, and roadway construction serving Miami-Dade, Broward, and Monroe Counties, along with several local municipalities. The following are similar ongoing and recently completed projects: • Key Largo South Transmission Lane, $3,790,000 • Miami-Dade Water& Sewer W-813 Yard Piping, $8,967,000 • Town of Golden Beach Al A Roadway Enhancements, $2,409,893 • Town of Davie Water&Waste Water System Expansion, $1,387,192 CONCLUSION The Administration recommends the award of the contract to Metro Equipment Service, Inc., the lowest responsive, responsible bidder pursuant to Invitation to Bid (ITB) 2013-380TC, for the Parkview Island right-of-way improvements, in the amount of$1,205,934; plus approve a project contingency of 10% for a not-to-exceed grand total of $1,326,528; further authorizing the Administration to engage in value engineering to further reduce the cost and time for completion of said pro' ct. J LM/MT/ B/EC/AD TAAGENDA\20131September I I\ProcuremenbrrB 2013-380TC-Parkview ROW-MEMO.docx s ATTACHMENT B—REVISED ITB PRICE FORM AND-UNIT PRICE BREAKDOWN FORM r -CIV of lllilami.Beach "rM'Prlce Form A013£NDUM 4` - The TOTAL BASE BiD amount includes the ail-inclusive.total cost for the work specified in this bid,consisting of furnishing all materials, labor, equipment, supervision, mobilization, demobilization, overhead and profit, insurance, permits, and taxes to complete the work to the full intent as shown or Indicated in the contract documents. Any or all alternates,if applicable,may be selected at the City's sole discretion and based on funding availability. Bidders must submit this ITB Price Form fully completed,including Sections 1 and 2,as part of the Bid response. Failure to do so shall deem the Bidder nonresponsive. In the event of arithmetical errors between the division totals and the total base bid,the Bidder agrees that the total base#:id shall govern. in the event-of a discrepancy between the numerical total base bid and the written total base bid,the written total base bid shall govern. In absence of totals submitted for any division cost,the City shall interpret as no bid for the division,which may disqualify bidder. PROJECT: ITB 2013-380TC-Parkview island Right-of-Way Improvements COMPANY NAME: .� �. Mew' evvtG2 1KC-. Section 1-Bid Proposal Division Summary Total Division i-General Conditions 3 20,p 2.6, vo Division z-Sitework 96 0 °v Numerical Total Base Bid($)1 1 2045 10134. O° Written Total Base Bid(dollars)' to • ��v.��v-� �o11<dlrS-�1r.�• oo/tov . Section 2-Bidder's Affirmation 1 Company: 2 ` e,vkt Seer J\Ce Address: IS Svv ")'1,Sirnt.k Telephone: ?QS Email: v,nZ*ro- . v-,eA- Signature: L Tltie/Printed Name: ,r d e 1 Numerical totals should be written using numerical characters(e.g.,$1000:00). 2-Written totals should be spelled out(e.g.,one thousand dollars). FAILURE TO SUBMIT THIS FORM WITH BID WILL RESULT IN BEING DEEMED NONRESPONSIVE. ITO 2013-380TC—Addendum 4 August 28,2,013 t r ITB 2013-380TC-Parkvlew Island Right-of-Way Improvements ADDENDUM 4 The following section is requested FOR INFORMATIONAL PURPOSES ONLY. Bidders should fully complete the Unit Price Bid Breakdown Form to Include quantities,units of measure,unit pricing,and totals.The cost of any Item(s)of work not covered by a specific contract unit price shall be included in the contract unit price to which the Item(s)Is most applicable.Both unit price and extended total prices must be stated In units of quantity specified in the bidding specifications. 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. The General Conditions include certain"Allowance"Iterits that have been delineated below.The Contract Unit Price for these allowance Items shall be used only upon the City's discretion,as needed.In the event that the item of work is not conducted or only a portion of the estimated allowance is used,the Bidder understands that the balance of the cost shall be returned to the City. Should any bidder fail to submit this form fully completed,the City will request that the omitted Information be provided within three(3) calendar days upon request from the City. Failure to provide the City with the omitted information within three(3)calendar days after the Bidder has received the request from the City may result In your bid being deemed non-responsive and disqualified from further consideration. THE CITY WILL NOT ACCEPT ANY REVISION TO THE TOTAL BASE 610 SUM, DIVISIONS, LINE ITEM TOTALS, OR ADD ALTERNATES,AFTER THE DEADLINE FOR RECEIPT OF BIDS. .... .. BIDDERS INV: DESCRIPTION. ' NO. QUANTITY .: UNIT. UNIT PRICE I TOTAL Division i-General Conditions 1 rGENERAALCONDfTIONS AND INSURANCE 1 LS $ 30,000.00 $ 30,000.00 2 ZATION 1 LS $ 120,000.00 $' 120,000.00 3 1 LS $ 120,000.00 $ 120,000.00 4 NIFICATION 1 LS $ 25.00 S 25.00 5 1X EXISTING SEWER LINES L5 $ 50,000.00 $ 50,000.00 Division i-General Conditions Total: $ 320,025.00 Division 2-Sltework 6 TEMPORARY SAFETY FENCE(1 SIDE) 2,750 LF $ 0.10 $ 275.00 7 TRENCH BOXES 120 DA :$ 1.00 $ 120.00 8 TRAFFIC LINES&MARKINGS(NEW) 2,500 LF $ 10.00 $ 25,000.00 9 SAW CUT 6 000 LF $ 0.10 $ 600.00 10 ASPHALT REMOVAL(@ 6'WIDEJ 1,800 SY 5 3.00 $ 5,400.00 11 EXCAVATION 6'WIDE X 5'DEEP) 3,100 CY .$ 2.25 $ 6,975.00 12 BACKFILL 3,100 CY $. 4.00 $ 12,400.00 13 COMPACTION 3,100 CY $ 5.00 $ 15,500.00 14 8"UMEROCK BASE 1,800 SY $ 14.00 $ 25,200.00 15 1"AS (temporary) 1,800 SY $ 17.00 $ 30 600.00 16 1"MILLING ROADWAY 81000 SY $ 2.00 $ 16,000.00 17 2"ASPHALT 8,000 SY S 7.00 $ 56,000.00 18 PRIME COAT 8,000 SY $ 1.00 $ 8,000.00 19 TACK COAT 8,000 SY $. 1.00 $ 81000.00 20. SIGNAGE 8 EA S 100.00 .$ 800.00 21 CURB&GUTTER/VALLEY GUTTER RESTORATION 500 LF $ 7.00 $ 3,500.00 22 IDEWATERIN6 2 750 LF $ 0.50 $ 1,375.00 23 8"DIP WM 2,750 LF 'S 52.00 $ 143,000.00 24 ALL PIPE POLYWRAPPED 750 SY $ 3.50 $ 2,625.00 25 8"GATE VALVE 12 EA $ 3,S00.00 $ 42,000.00 26 8"X 6"TEE 6 EA $ 1,000.00 $ 6,000.00 27 8"X 8"TEE 5 EA 1"$ 1,600.00 $ 8,000.00 28 8"X 8"CUT-IN TEE 2 EA $ 10,000.00 $ 20,000.00 29 8"45 BEND 48 EA $ 375.00 $ 18 000.00 30 8"22-1/2 BEND 6 EA $ 325.00 $ 1,950'.00 31 8"11-1/4 BEND 4 EA $ 275.00 $ 1,100.00 32 8"X 4"TAPPING SLEEVE Y EA $ 6,000.00 $ 6,000.00 33 4"DIP SERVICE LINE 13 LF $ 43.00 $ 559.00 34 8"X 2"TAPPING SADDLE 66 EA 5 350.00 $ 23,100.00 35 2"POLYETHYLENE SERVICE LINE 1600 LF $ 26.00 $ 41,600.00 36 2"CORPORATION STOP 109 EA $ 600.00 $ 65,400.00 37 6"DIP WM 105 LF $ 46.00 $ 4,830.00 38 6"GATE VALVE 6 EA 1'$ 2,500.00 $ 15,000.00 39 8"CAP 3 EA $ 1,000.00 $ 3,000.00 40 6"CAP 1 _ EA 5 600.00 $ 600.00 41 FIRE HYDRANT REMOVAL CUT,CAP AND REMOVAL 6 EA $ 2,000.00 $ 12,000.00 42 FIRE HYDRANT ASSEMBLIES 6 EA $ 8,000.00 $ 48000.00 43 AIR RELEASE VALVES 7 EA $ 1,400.00_'S 9,800.00 44 NEW AUTOMATIC WATER METERS 112 EA $ 1,150.00 $ 128,800.00 45 NEW WATER METER BOXES 110 EA $ 600.00 .$ 66,000.00 46 CONCRETE COLLARS AROUND METER BOXES ON ASPHALT), 60 SY $ 2.50 _$ 150.00 47 ABANDON EXISTING 6"WATER MAiN 2,650 EA $ 1.00 $ 2,650.00 Division 2-Sitework Total: $ 885,909.00 Total Base Bid: S 1,205,934.00 00600. CONTRACT: CONTRACT THIS IS A CONTRACT, by and between the City of Miami Beach, a political subdivision of the State of Florida, hereinafter referred to as City, and METRO EQUIPMENT SERVICE, INC., hereinafter referred to as Contractor. W I T N E S S E T H, that Contractor and City, for the considerations hereinafter named, agree as follows: ARTICLE 1 SCOPE OF WORK Contractor hereby agrees to furnish all of the labor, materials, equipment services and incidentals necessary to perform all of the work described in the Contract Documents and related thereto for the Project. ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Standing Order issued by the City's Procurement Director and a Notice to Proceed issued by the Contract Administrator. Two (2) Notices to Proceed will be issued for this Contract. Contractor shall commence scheduling activities, permit applications and other preconstruction work within five (5) calendar days after the Project Initiation Date, which shall be the same as the date of the first Notice to Proceed. The first Notice to Proceed and Purchase Order will not be issued until Contractor's submission to City of all required documents (including but limited to: Payment and Performance Bonds, and Insurance Certificate) and after execution of the Contract by both parties. 2.1.1. The receipt of all necessary permits by Contractor and acceptance of the full progress schedule in accordance with technical specifications section, submittal schedule and schedule of values is a condition precedent to the issuance of a second Notice to Proceed to mobilize on the Project site and commence with physical construction of the work. The Contractor shall submit all necessary documents required by this provision within twenty-one (21) calendar days of the issuance of the first Notice to Proceed. 2.2 Time is of the essence throughout this Contract. This project shall be substantially completed within one hundred and twenty (120) calendar days from the issuance of the second Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within thirty (30) calendar days from the date certified by Consultant as the date of Substantial Completion. CITYOF MIAMI BEACH 60 BID NO: 2013-380TC DATE:August 26,2013 2.3 Upon failure of Contractor to substantially complete the Contract within the specified period of time, plus approved time extensions, Contractor shall pay to City the sum of one thousand four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should Contractor fail to complete the remaining work within the time specified in Section 2.2 above, plus approved time extensions thereof, for completion and readiness for final payment, Contractor shall pay to City the sum of one thousand four hundred dollars ($1,400.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, for completion and readiness for final payment. These amounts.are not penalties but are liquidated damages to City for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the Contract on time. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 2.4 City is authorized to deduct liquidated damages from monies due to Contractor for the Work under this Contract or as much thereof as City may, in its sole discretion, deem just and reasonable. 2.5 Contractor shall be responsible for reimbursing City, in addition to liquidated damages, for all costs incurred by Consultant in administering the construction of the Project beyond the completion date specified above, plus approved time extensions. Consultant construction administration costs shall be pursuant to the contract between City and Consultant, a copy of which is available upon request of the Contract Administrator. All such costs shall be deducted from the monies due Contractor for performance of Work under this Contract by means of unilateral credit change orders issued by City as costs are incurred by Consultant and agreed to by City. ARTICLE 3 THE CONTRACT SUM [ ] This is a Unit Price Contract:* 3.1 City shall pay to Contractor the amounts determined for the total number of each of the units of work completed at the unit price stated in the schedule of prices bid. The number of units contained in this schedule is an estimate only, and final payment shall be made for the actual number of units incorporated in or made necessary by the Work covered by the Contract Documents. 3.2 Payment shall be made at the unit prices applicable to each integral part of the Work. These prices shall be full compensation for all costs, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not CITYOF MIAMI BEACH 61 BID NO: 2013-380TC DATE: August 26,2013 covered by a definite Contract unit price shall be included in the Contract unit price or lump sum price to which the item is most applicable. [X] This is a Lump Sure Contract:* 3.1 City shall pay to Contractor for the performance of the Work described in the Contract Documents, the total price stated as awarded. 3.2 Payment shall be at the lump sum price stated in the Contract. This price shall be full compensation for all costs, including overhead and profit, associated with completion of all the work in full conformity with the requirements as stated or shown, or both, in the Contract Documents. The cost of any item of work not covered by a definite Contract lump sum should be included in the lump sum price to which the item is most applicable. *Note: Some projects include both unit prices and lump sums in which case both sections shall apply to the Work identified for each type of Contract. ARTICLE 4 PROGRESS PAYMENTS 4.1 Contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed and the amount due, together with such supporting evidence as may be required by Consultant. Contractor shall include, but same shall be limited to, at Consultant's discretion, with each Application for Payment, an updated progress schedule acceptable to Consultant as required by the Contract Documents and a release of liens and consent of surety relative to the work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to Consultant for approval. City shall make payment to Contractor within thirty (30) days after approval by Consultant of Contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10%) of all monies earned by Contractor shall be retained by City until Final Completion and acceptance by City in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by Consultant and Contractor shall have no entitlement to a reduction. Any interest earned on retainage shall accrue to the benefit of City. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3 City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against Contractor or City because of Contractor's performance. CITYOF MIAMI BEACH 62 BID NO: 2013-380TC DATE:August 26, 2013 4.3.3 Failure of Contractor to make payments properly to Subcontractors or for material or labor. 4.3.4 Damage to another contractor not remedied. 4.3.5 Liquidated damages and costs incurred by Consultant for extended construction administration. 4.3.6 Failure of Contractor to provide any and all documents required by the Contract Documents. When the above grounds are removed or resolved satisfactory to the Contract Administrator, payment shall be made in whole or in part. ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1 Upon receipt of written notice from Contractor that the Work is ready for final inspection and acceptance, Consultant shall, within ten (10) calendar days, make an inspection thereof. If Consultant and Contract Administrator find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, a Final Certificate of Payment (Form 00926) shall be issued by Consultant, over its signature, stating that the requirements of the Contract Documents have been performed and the Work is ready for acceptance under the terms and conditions thereof. 5.2 Before issuance of the Final Certificate for Payment, Contractor shall deliver to Consultant a complete release of all liens arising out of this Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and subcontractors have been paid in full and that all other indebtedness connected with the Work has been paid, and a consent of the surety to final payment; the final corrected as-built drawings; and the final bill of materials, if required, and invoice. 5.3 If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of Contractor , and Consultant so certifies, City shall, upon certificate of Consultant, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4 Final payment shall be made only after the City Manager or his designee has reviewed a written evaluation of the performance of Contractor prepared by the Contract Administrator, and approved the final payment. The acceptance of final payment shall constitute a waiver of all claims by Contractor, except those previously made in strict accordance with the provisions of the General Conditions and identified by Contractor as unsettled at the time of the application for final payment. ARTICLE 6 CITYOF MIAMI BEACH 63 BID NO: 2013-380TC DATE:August 26,2013 MISCELLANEOUS 6.1 This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2 Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3 Public Entity Crimes In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the City purchase and may result in Contractor debarment. 6.4 Independent Contractor Contractor is an independent contractor under this Contract. Services provided by Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In providing such services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. 6.5 Third Party Beneficiaries Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract. CITYOF MIAMI BEACH 64 BID NO: 2013-380TC DATE: August 26,2013 6.6 Notices Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Department of Procurement Management 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Alex Denis, Procurement Director With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Metro Equipment Service, Inc. 9415 S.W. 72" Street, Ste. 131 Miami, Florida 33173 Attn: Mr. Jorge L. Godoy, President 6.7 Assignment and Performance Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. Contractor represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to City's satisfaction for the agreed compensation. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. CITYOF MIAMI BEACH 65 BID NO: 2013-380TC DATE:August 26,2013 6.8 Materiality and Waiver of Breach City and Contractor agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9 Severance In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 6.10 Applicable Law and Venue This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either part y ma y have to a trial by j u ry of a n y c ivil litigation related to, or arising out of the Project. Contractor shall specifically bind all subcontractors to the provisions of this Contract. 6.11 Amendments No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality s this Contract and executed b the Board and Contractor. Y Y 6.12 Prior Agreements This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. CITYOF MIAMI BEACH 66 BID NO: 2013-380TC DATE:August 26,2013 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAM BEACH Of CiX Clerk yor ` Contractor MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] Contractor ATTEST: McAvb SeYvice, k\'c (Name of Corporation) J17 By: (Secrets (Signs r (Corporate Seal) (Print f4ame an Title) :U day of - , 20 [If not incorporated sign below.] Contractor WITNESSES: (Name of Firm) By: (Signature) (Print Name and Title) day of , 20 CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. P CITYOF MIAMI BEACH 67 BID NO: 2013-380TC DATE:August 26,2013 00708. FORM CERTIFICATE OF INSURANCE A certificate of insurance form will be attached here. BID NO:2013-380TC CITYOF MIAMI BEACH DATE:August 26,2013 68 Bond No. 105973048 00710. FORM OF PERFORMANCE BOND BY THIS BOND, We Metro Equipment Service, Inc. as Principal, Travelers Casualty and Surety hereinafter called Contractor , and Company of America , as Surety, are bound. to the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of One Million Three Hundred Twenty-Six Thousand Five Hundred Twenty-Eight & 00/l0(Dollars ($1,326,528.0)for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: 2013-380-TC , awarded the 11th day of September , 20 13 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Performs the Contract between Contractor and City for construction of Parkview Island Right-of-Way Improvements , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. Whenever Contractor shall be, and declared by City to be, in default under the Contract, .City having performed City obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 3.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract BID NO:2013-380TC CITYQF MIAMI BEACH DATE:August 26,2013 69 i FORM OF PERFORMANCE BOND (Continued) or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the 'Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 18th day of September _, 20 13 WITNESSES: Metro Equipment Service, Inc. t 1114 (Name of Corporation) h ►d Secret By: - ; / ,V 4/7 Jo e L. Godoy Signatur (CORPORATE SEAL) Jorge L. Godoy, President (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: By: Agent and Attorney-in-Fact Charles D. Nielson Address: 8000 Governors Square Blvd., Ste 101 (Street) Miami Lakes, FL 33016 (City/State/Zip Code) Telephone No.: 305-722-2663 i BID NO:2013-380TC CITYOF MIAMI BEACH DATE:August 26,2013 70 .Bond No. 105973048 00720.-FORM OF PAYMENT BOND BY THIS BOND, We Metro Equipment Service, Inc. as Principal, Travelers Casualty and Surety hereinafter called Contractor , and ComQany of America , as Surety, are bound to -the City of Miami Beach, Florida, as Obligee, hereinafter called City, in the amount of One Million Three Hundred Twenty-Six Thousand Five Hundred Twenty-Eight & 00/100 Dollars ($1,326,528.00 } for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No„ 2013-380-TC awarded the 11th day of September 2013 with City which Contract Documents are by-reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the"Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1)for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. BID NO:2013.380TC CITYOF MIAMI BEACH DATE:August 26,2013 71 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AM POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 225989 Certificate No. 0 0 5 5 4 3 3 4 6 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Charles D.Nielson,Charles J.Nielson,Mary C.Aceves,David R.Hoover,Gicelle Pajon,Olga Iglesias,and Arthur Colley of the City of Miami Lakes ,State of Florida ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or-proceedings allowed by law. 28th IN WITNESS WHEREOF,the Companies have caused this instrument to be,signed and their'corporate seals to be hereto affixed,this day of June 2013 Farmington Casualty Company'' St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company OASU{ Qy+" eS FIRE 6 RN IN , �ti QTY qty � ti �;-....,Sp � q *, o• 0 U7o ��QTY ANA YY'0 �7// Z .C TED ,,, �1 9 8 2 O m e^'S =F �._ :n 3 a HARTFORD, t J n• I S: 'o: CONN. n 1896 5 .SEALo% '-SdSE$L:�a B � o........... Alt) State of Connecticut By: A�7 City of Hartford ss. Robert L.Raney, enior Vice President On this the 28th day of June 2013 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C JET In Witness Whereof,I hereunto set my hand and official seal. TAA &A My Commission expires the 30th day of June,2016. U� # Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 2.4. Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255:05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect the Surety's obligation under this Bond. Signed and sealed this 18th day of September 2013 Contractor ATTEST: Metro Equipment Service, Inc. (Name of Corporation) -� By: Xr. l (Secrets ) (Sig tur Jo L. Godoy Jorge L. Godoy, President (Corporate Seal) (Print Name and Title) 18th day of September 20 13 IN THE PRESENCE OF: INSURANCE COMPANY: By: A Ad, .L��✓�/rK/ Agent and Attorney-in-Fact Charles D. Nielson Address:8000 Governors Square Blvd., Ste 101 (Street) Miami Lakes, FL 33016 (City/State/Zip Code) Telephone No.: 305-722-2663 The provisions and limitations of Section 255:05 Florida Statutes, including but not limited to the notice and time limitations in Sections 255.05(2) and 255.05(10), are,incorporated in this bond by reference. BID NO:2013-380TC CITYOF MIAMI BEACH DATE:August 26,2013 72 00721. CERTIFICATE AS TO CORPORATE PRINCIPAL I, Jorge L. Godoy , certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that Jorge L. Godoy , who signed the Bond(s) on behalf of the Principal, was then President of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of Its governing body. (SEAL) Sec ry(on be if of) Metro Equipment Service, Inc. Corporation STATE OF FLORIDA ) } SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Charles D. Nielson to me well known, � Y me who being b first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this 18th day of September 20 13 My commission expires: Notary Public, State of Florida at Large August S, 2016 Travelers Casualty and Surety Bonded by Company of America YNotary Public State of Florida Mary C Aceves My Commission EE 216562 Expires 08/05/2016 BID NO:2013-380TC CITYOF MIAMI BEACH DATE:August 26,2013 73 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ice, POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 225989 Certificate No. 005,543350 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Charles D.Nielson,Charles J.Nielson,Mary C.Aceves,David R.Hoover,Gicelle Pajon,Olga Iglesias,and Arthur Colley of the City of Miami Lakes ,State of Florida ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per utttediin an�t�ions oppFeceedings allowed by law. AL IN WITNESS WHEREOF,the Companies have caused this instrum nt�to'be.signeed:and theirAceorporate seals to be hereto affixed,this 28� day of June 2013 Farmington Casualty Co V-11 �0� St.Paul Mercury Insurance Company Fidelity and Guaranty l nsurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company GI.SUq� 6*y F4PE 4�'n�4 ��H.INfG •aY 1HSUq , "01 T AlyO t dym '`t1V T pavanq J ''c O:• •.9 J ............q I'd FQ�':' pPORgTy�!'. oP m �a3 1977 CORPORATEp Z- �r _ :�o f: .� 1982 O " c�: i^' F i —._ :t�: a NARTFCRD. < WIRrMFA A a IID %-", o; CONN. o CflNN "j 1896 i o ;o;SERL:D �y �N Y State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 28th day of June 2013 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States-Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G.TET In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2016. p Lj * Marie C.Tetreault,Notary Public ft 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Metro Eq uipment .Service, Inc. INSURANCE 9415 SW 72"d Street Suite 131, Miami, FL 33173 '4 �® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDDn4rr} 8/13/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the polley(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER -CONTACT qME; David M. Lopez Eastern Insurance Group, Inc. PHONE (305)595-3323 FAX No:(3()5)595-7135 9570 SW 107 Avenue ADDRESS:csr @easterninsurance.net Suite 104 INSURERS AFFORDING COVERAGE NAIC q Miami FL 33176 INSURERA WeSCO Insurance Company 5011 INSURED INSURER B:North River Insurance Co. k1105 Metro Equipment Service, Inc. INSURER CBri efield Employers Insuranc 0701 Metro Elite Construction, Inc. INSURER DAlterra America Insurance 1296 9415 SW 72 Street, Suite 131 INSURER E: Miami FL 33173 INSURER F: COVERAGES CERTIFICATE NUMBER:,aster 13-14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CQNDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE D R L POLICY NUMBER rPOLICY MOLIC EXP UMI75 GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000. X COMMERCIAL GENERAL LIABILITY DAMAGE TO PREMISE (Ea occurrence) $ 3 A CLAIMS-MADE OCCUR X PP1044503 02 8/8/2013 8/8/2014 MED EXP(Any one person) S X XCU coverage included PERSONA L&ADV INJURY S 1'000,00% X Broad Form PD GENERAL AGGREGATE $ 2,0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2,000,000. POLICY X PRO LOC S AUTOMOBILE LIABILITY MBINED SINGLE LIMIT Ea acadenl $ 1 000 000. A X ANY AUTO BODILY INJURY(Per person) S ALL OwNEO SCHEDULED BODILY 02 /8/2013 /6/2014 AUTOS AUTOS BODILY INJURY(Per accident) S HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident g Medical payments Is 5,000 X UMBRELLA UAe OCCUR EACH OCCURRENCE E 1,000,000 H EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 OED RETENTIONS 81-102029-8 /8/2013 /8/2014 C I WORKERS COMPENSATION WC STATU- OTH- AND E b MPLOYERS'LIABIUTY YIN X T ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT ;LIMITS I I Ea_ OFFICER/MEMBER EXCLUDED? ❑ 'N/A -1,000,000 (Mandatory In NH) 830-48466 /26/2013 /26/2014 If es,describe under E.L.DISEASE-EA EMPLOYEE S 11000,000 y DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 000 000 D lRented/Lasased Equipment 1 KAXA31M0048241 8/8/2013 8/6/2014 Per Item $500,000 DESCRIPTION OF OPERATIONS r LOCATIONS/VEHICLES(Attach ACORD 101,Addltlonal Remarks Schedule.If more space Is required) Sewer and Water Main Contractor Parkview Island Might-Of-Way Improvement Project. Bid NO. 2013-380TC City of Miami Beach is listed as additional insured with respect to general liability. Coverage as an additional insured is provided if required by written contract. 30 days written notice of cancellation except 10 days for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive 3rd Floor AUTHORIZED REPRESENTATIVE Miami Beach, FL 3{3139- David Lopez/AMANDA ACORD 25(2010105)' ©1988-2010 ACORI]-CORPORATION. All rights reserved. INC no S iyn,nn5,n, r►... A/`florl,....,,.......a t...........................r...... .. PI, ..s wf•r1pf1 1 Metro Equipment Service, Inc. BON 94MSW-72"d Street Suite 131, Miami, FL 33173