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Exhibit 5 Bid SubmissionExhibit 5 CW Construction Bid Submission C W Construction, Inc. Lic. No. CG CA38218 14.3.2 Identification Page and Table of Contents a. NAME OF BIDDER: CW CONSTRUCTION, INC. b. ADDRESS: 18901A N.E. 5 AVENi1E NORTH MIAMI BEACH, FLORIDA 33179 CONTACT: CHARLOTTE Y. WILLIS, PRESIDENT c. EMAIL: cwillis(u~cwconstruction.biz d. PHONE: (305) 652-6964 FAX: (305) 652fi965 e. FEDERAL EIN: 65-0285807 f. STRUCTURE: CORPORATION ,------~ g. SIGNATURE: -~ j -,~~!~ h. NAME: CHARLOTTE Y. LLIS i. TITLE: PRESIDENT j. DATE: JUNE 22, 2007 18901A N.E. 5 Avenue ^ North Miami Beach, Florida 33179 ^ Phone: (305) 652-6964 • Faa: (305) 652-6965 C W Construction, Inc. Lic. No. CG CA38218 k. TABLE OF CONTENTS 143.3.3 Contractor Team Qualifications a. Organizational Chart Resumes b. Staffing Plan 14.4 Attachments & Forms a. ATTACHMENT 1 b. ATTACHMENT 2 c. ATTACHMENT 3 d. ATTACHMENT 4 Reference Llst -Transmitted electronicall~~ to ~uslopeznmiamibeachfl.gov Performance EValuatlOII SUrvey 1 -Submitted directh~ b~° Ciirnt Performance Evaluation Survey 2 - Submitted direor~~° by~ Client Performance Evaluation Survey 3 - submimd d~~e~ti~ n~~ C~icnt Performance EValuation Survey 4 -Submitted directly b} Client Performance EValnatlon Sllrvey $ -Submitted directly b~ Client Key Personnel Interviews Risk Assessment Plan e. ATTACHMENT 5 Customer Reference Listing (5 Projects) Declaration: Nondiscrimination In Contracts and Benefits Reasonable Measures Application -Not Analicable 00400 Bid/Tender Form Acknowledgement of Addenda(s) 00407 Bid Form 1-Schedule of Prices Bid Form 2 -Combined Adjustment Factor Worksheet 00520 Non-Collusion Certscate 00530 Drug Free Work Place CertiScation 00540 Trench Safety Act 00600 Contract 00708 Form Certificate of Insurance 0710 Bid Guaranty 12.1 Bid Bond 18901A N.E. 5 Avenae ^ North Miami Beach, Florida 33179 ^ Phone: {305) 652-6964 ^ Fad: (305) 652-6965 14.33a ORGANIZATIONAL CHART CW coxsTRUCTtoN, INC. pROJEC~r Ex~curivE CharrtotteWttis Megege,:JOIIIt SCOpe, Prepare Proposals & Negotiate w/ Svhs Angel Azcar~sgt PROJECT SUPERINDENT Supervise Construction Charlotte Willis PROJECT MANGER: Work with Project, Superintendents & Subcant~actors Chris North I'ROIECT SIIPERtNDENT Supervise ConstnictiAn Lu.Ann Lacova PRO3ECT ACCE)UNTANT Ivfairitains alt Cost, Subcontracts, Insurance Roger Wilds PR03ECT SUPERINDENT Supervise Construction New Personnel PROJECT SUPERINDENT supervise Construction CW ORG CHART C W Construction, Inc. Lic. No. CG CA38218 14.3.3b Staffing Plan CW Construction maintains afull-time staff adequate to manage all active projects. Qualified personnel is available and new personnel will be added as needed. The primazy contact from CW Construction, Inc. is Chazlotte Y. Willis, President and CEO of the corporation. Chazlotte Y. Willis is also Executive Project Manager and will oversee all active projects through completion. 18901A N.E. 5 Avenue • North Miami Beach, Florida 33179 ^ Phone: (30~ 652-6964 ^ Faa: (30~ 652-6965 Charlotte Y. Willis 2637 Flamingo Lane Ft. Lauderdale, FL 33312 Experience 7/1991 to Present C W Construction, Inc. -President C W Construction, Inc. (CWC) was incorporated in 1991. CWC is a WBE company Certified as WBE with The City of Miami, CSBE and WBE with Miami-Dade County and WBE with Miami-Dade County Public School(NIDCPS). CWC bid and was awarded their first contract in 1993 with MDCPS. The contract was a miscellaneous contract for a maximum vahie of X2,000,000 in their JOC program. CWC bid and was awarded additional contracts with MDCPS (Capital) in 1997 and MDCPS(Maintenance) in 1998. Both contracts were renewed the following yeaz. CWC Bid and was awarded two miscellaneous contracts with Miami Dade Community College(now Miami Dade College(NIDC). The first miscellaneous contract was awarded in 1999, renewed in 2000, 2001 and 2002. The second contract was awarded in 2001 and renewed in 2002 and 2003. CWC bid and awarded a JOC contract in 2004 with The City of Miami Beach. The City of Miami "piggy-backed" off this contract and CWC was awarded the same contract also in 2004. We bid and were awarded another JOC contract with The City of Miami in 2005, which we are currently working on. CWC has also worked as a subcontractor with James A. Cummings, Inc., Harry Pepper & Associates, ACT Services, hic., and other companies. CWC has also performed work on privately owned business' such as Shibui Restaurant and Calusa Loftwood. I am 100% Owner of CWC and perform duties for this company such as estimating, project management, operations, financial, insurance and any other requirement that may become necessary as a business owner. I am the Qualifier for CWC. 4/1985 to 2004 Harrison Construction Corporation - VP/CFO Joined Harrison Construction Management, Inc.(HCMI) in April of 1985, for project costing. Worked in HCMI's Coral Gables office until September , 1985. Moved to Harrison's main office and became Controller of Harrison Enterprise, Inc.(IIEI-parent company for HCMI, Central Constructors, Inc. (CCI), M.R Harrison Construction Corp. (MRH) I was responsible for all financial work i.e., Monthly Financial Statement, Monthly Cash FlowBudget, CostlProfit Projections on all projects., Supervised all payroll, payroll tax deposits, job costing, receivables, payables, bank reconciliations, filing of Quarterly State/Federal Tax Returns, Amoral Federal Tax Return, Intangible and Tangible Tax Returns. Prepared all necessary data for our accounting firm to perform yearly audits as well as for filing 1020 tax retains. Responsible for Group Life/Medical Insurance, Workers' Compensation including Safety/Drug Free Programs and General Liability Insurance coverages. HCMI became Harrison Construction Corp.(HCC) in November 1989, replacing ail other companies. I continued to perform aU duties as stated above as well as serve as Project Manager on projects such as Coca Cola Distribution Centers, Miami-Dade Fire Station No. 43, Renovation/Addition to Miami Museum of Science, etc. Responsible for implememation of HCC's 401 K plan and served as Administrator. I was also one of the Qualifiers for HCC. Charlotte Y. Willis 2637 Flamingo Lane Ft. Lauderdale, FL 33312 11/1976 to 4/1985 First Florida Building Corp. -Project Manager Performed all Project Manager duties such as buyout of projects; manning project with job superintendent; Owner requisitions for payment; all rewired change orders; all architectural & engineering submittals required; all close out documents required. Kept all costing & projected profits up to date on a monthly basis. Projects consisted of Burger King Restaurants, Sambo Restaurant, El Torito Restaurant, Day's Inn Hotels, etc. thru out the North Eastern United States and parts of Canada. 8/1970 to 11/1976 Sunshine Lighting From Florida, Inc. -Office Manager Performed administrative/pr+oject management duties. Full responsibility for maintaining all financial records, estimating, ordering materials, and invoicing projects. Estimates consisted of light fixtures (interior/exterior) and switchgear for projects 25,000 to 60,000 square feet. 9/1965 to 8/1970 BurgerKingCorpoiation-ProjectManager-Architectural,Engin~ring&ConstructionDept. Responsible for overseeing projects from point of site selection through completion and initial operation of Burger King Restaurants. Duties consisted of ordering topographical surveys for design preparation, maintaining records ofplan preparation, issuance of plans for construction, date footings were poured to completion of construction, ordering kitchen equipment, and scheduling grand opening. Education/Licenses Landon High School, Jacksonville, Florida Jacksonville University, Jacksonville, Florida Florida General Contractor; License - #CGC038218/CGCA38218 Private Pilot License-Land & Sea MOT Safety Certification 2 ANGEL AZCARRAGA 1109 S.W. 14 Avenue Miami, Florida 33135 SENIOR PROJECT SUPERINTENDENT Experienced superintendent with extensive knowledge of all aspects of commercial, industrial and residential construction and management. Having worked in the construction industry for over 20 years, I have been exposed to almost every aspect of this field. My cazeer reflects hard work, ambition, reliability, competence and confidence, underscored by personal commitment and professional performance. Key strengths include • Proven ability to manage a great variety of tasks and responsibilities from project mobilization through close-out, simultaneously and effectively. • Blueprint reading, bidding, budgeting, project scheduling, subcontractor management and negotiations, purchasing, permitting, building code compliance and personnel management. • Progressive and diversified experience in all phases of residential, multi-family, commercial and industrial construction. • People and profit oriented with management, communication, planning and organizational skills. PROFESSIONAL BACKGROUND C W CONSTRUCTION, INC. 5/02 to Current) Miami, Florida SENIOR PROJECT SUPERINTENDENT All aspects of construction supervision and management for Miami-Dade College and City of Miami through their JOC construction program. HARRISON CONSTRUCTION CORP. / C W CONSTRUCTION, INC. (2/99 to 5/02) Miami, Florida SENIOR PROJECT SUPERINTENDENT All aspects of construction supervision and management for multi-million dollar projects including warehouses ,financial institutions and Miami-Dade Community College. PASS INTERNATIONAL Miami, Florida SENIOR PROJECT SUPERINTENDENT (6/98 - 2/99) All aspects of construction supervision and management, with particular focus on Miami-Dade County Public Schools job order contract (JOC) construction and maintenance, utilizing their exclusive software for bidding and job cost management. G. FAMILY ENTERPRISE, INC. Miami, Florida CONSTRUCTION PROJECT MANAGER (2/97 - 6/98) Multi-building project with individual budgets and schedules. All buildings were brought in on time and according to budget. General construction management included budget preparation, material purchasing, scheduling, subcontract administration and coordination, employee scheduling and supervision. METRO-DADE COUNTY HOUSING. AGENCY (HUD) Miami, Florida REHABILITATION CONSTRUCTION SPECIALIST (1/94 -10/96) Administered construction inspection review in accordance with blueprints, South Florida building code and HUD regulations. Reviewed construction contract documents and enforced compliance, monitored payroll compliance, conducted labor interviews, reviewed M-200 and 201 certification. Reviewed and processed payment requisitions. F & L CONSTRUCTION, INC. Miami, Florida CONSTRUCTION SUPERINTENDENT (7/93 -1/94) Directed building rehabilitation construction, labor scheduling, subcontractor negotiations and selection, material purchasing and scheduling. SIU INVESTMENT Miami, Florida CONSTRUCTION SUPERVISOR (5/90 - 6/93) Supervised housing construction from inception through certificate of occupancy. Subcontractor selection and supervision, material purchasing and scheduling. Performed call and pass inspections required by Dade County. PNR DEVELOPERS Miami, Florida CONSTRUCTION SUPERINTENDENT (3/87 - 2/90) Construction supervision, subcontractor coordination and personnel supervision. Responsible for quality control of all subcontractor work. Material purchasing and scheduling. HOLLYBROOK PHASE IV, INC. Hollywood, Florida PROJECT MANAGER (3/84 - 2/87) Multi-building budget preparation and construction management. Subcontractor selection and supervision. Material purchasing and scheduling, labor supervision and scheduling. Building maintenance and general property management. EDUCATION CHEMICAL ENGINEERING - CUJAE University of Engineering, Havana, Cuba SECONDARY SCHOOL CHEMISTRY TEACHER DEGREE -Advanced Institute of Education, Havana, Cuba Christopher C. North 1709 Dewey Street, Apartment 1-E Hollywood, FL 33020 Phone/Fag: 954-920-0446 Voice Mail: 954-290-4640 Experience 2002-Present CW Construction, Inc., Miami, FL Field Superintendent Supervised projects involving all aspects of construction and renovation of commercial facilities from design to certificate of occupancy. Supervised and coordinated personnel and contractors. 2001-2002 Centerline Commercial, Coral Springs, FL. Field Superintendent Supervised Military Trail Restoration and Beautification: Oversight of subcontractors during median restoration including demolition, irrigation hook-up and installation, and landscaping. Acted as point of contact with City of Boca Raton. 2000-2001 Cozy Cove Marina, Dania Beach, FL. Working Foreman Performed general oversight for general upgrade of marine facilities: Supervised the renovation of restroom facilities, removal of existing electrical infrastructure and replacement of same. Determined placing of pilings. 1992 - 2000 Harrison Construction Inc., Miami, FL Project Superintendent Supervised projects involving construction and renovation of public, commercial, and residential properties throughout Dade County including: American Virgin Islands; Coordination of activities of subcontractors, interaction with federal agency personnel regarding governmental regulations and safety standards during hurricane reconstruction Brinks Terminal in Miami, FL.; New construction involving specialty vendors ;bullet proof glass, vault installation in high security areas. Unusually high public and private utility relocation. Biscayne Chemical. Demolition and replacement of 100,00 sq ft. warehouse roof and construction of new offices. Publix Coral Gables 60,000 sq $. addition and complete remodeling of existing store. Dade County School Board Administration Building; modification of windows, replacement of all fire doors, upgrade of portions of the building to meet handicap specifications. Shopping_ Mall, SouthDade County; modification and repair of roof, installation of staircase, replacement of damaged fascia, installation of skylight and security lights in the parking area. Salvation Army facility ,Hialeah, FL.; replacement of roof and windows, exhaust fans and HVAC system during renovation. 1992-1993 Case Construction Inc., Pembroke Pines, FL Superintendent, Performed general construction and renovations of residential properties damaged during Hurricane Andrew: 1988-1992 Carpenter, U.E. & C. Catalytic Inc., Ft. Pierce, FL Completed various construction projects within the St. Lucie Nuclear Plant: Education Attended Boston University in 1973, majoring in Political Science. Earned certification in marine mechanical systems from Miami Lakes Technical Institute in 1980. Graduated in top 5 of class. Certifications Journeyman Carpenter Maintenance of traffic (MOT) certified OSHA trained and certified AGC certified References available upon request ROGER WII.,LIS 2637 Flamingo Lane Ft. Lauderdale, FL 33312 EXPERIENCE: 2002 -Present C W Construction, Inc. Miami, FL Field Superintendent C.W. Barricades, Inc. Belleview, FL Field Superintendent Supervise projects consisting of temporary and permanent calming circles at various locations for City of Miami. Supervise road repairs, installation of new drives and MOT Supervisor for major road construction in The Villages, FL. 1998 - 2002 Panagra Airlines Fort Lauderdale, FL Director of Operations Responsible for all flight crew personnel, aircraft movement and all FAA Regulations being maintained. 1994 -1998 Prestige Airlines Manassas, VA Chief Pilot Reponsible for all flight crew training and scheduling. 1992 -1994 UltrAir Houston, TX Captain B-727 Check Airman Line & Simulator Responsible for FAA line checks on all pilots and simulator training when required. Also flew as Captain. ROGER WILLIS 2637 Flamingo Lane Ft. Lauderdale, FL 33312 1965 -1991 Pan American World Airways/National Airlines Miami, FL 1989 to 1991- Captain A-300 1971 to 1989 -Captain B-727 1968 to 1971- Co Pilot B-727 1965 to 1968 - Co Pilot L-188 1963 -1965 Hugh Culverhouse Jacksonville, FL Corporate Pilot Education/License/Certification EDUCATION Clay County High, Ashland, Alabama Jacksonville State, Jacksonville, Alabama Engineering CERTIFICATION: MOT FDOT Safety RATINGS AND Airline Transport Pilot, Multi-Engine Land CERTIFICATIONS B-727, A-300 Ratings Commercial Pilot, Single Engine Land & Sea Multi-Engine Sea, Glider, A & P Mech; A & I Inspector Restricted Radiotelephone Operator Permit AIRCRAFT FLOWN Turbo-Jet Turbo-Prop B-727 L-188 A-300 Many light to heavy aircraft land & sea FLIGHT TIME TOTAL: 30,400:00 Pilot in Command B-727 21,900:00 Pilot in Command A-300 2,600:00 Pilot in Command Other A/C 1,100:00 Second in Command B-727 2,800:00 Second in Command L-188 1,000:00 Second in Command Other A/C 1,000:00 LU ANN LACOVA 19455 N. W. 24 Place Pembroke Pines, Florida 33029 Phone: (954) 435-1751 Home Fax: (954) 435-0915 Mobile: (954) 410-1959 E-mall: sapphirelu2@aol.com ASSISTANT CONTROLLER /CONTRACT ADMINISTRATOR Having worked in the accounting and administration aspect of the construction industry for the past 20 years, I have been exposed to almost every aspect of this field and have gained extensive knowledge of my trade from hands-on experience. My career reflects hard work, ambition, competence and confidence, underscored by personal committnent and professional performance. Key strengths include: Proven ability to manage a great variety of tasks and responsibilities from project mobilization through close-out, simultaneously and effectively. Practical and results oriented with strong decision -naking and problem solving skills. People and profit oriented with management, communication, and planning skills. Self-starting and highly organized with exceptional follow-up skills. PROFESSIONAL BACKGROUND CW CONSTRUCTION, INC. Miami, Florida (10/91 to Present) General Contractor specializing in industrial and commercial construction. JOB COST BOOKKEEPER /CORPORATE SECRETARY I3ARRISON CONSTRUCTION CORPORATION (3/84 to 1/04) Miami, Florida General Contractor specializing in industrial and commercial construction and design development ASSISTANT CONTROLLER /OFFICE MANAGER Increased efficiency and profit margin by replacing obsolete accounting methods and introducing a new system for job cost accounting. Reduced overhead over 60% by restructuring the accounting department. Progressive and diversified experience in construction accounting including payroll and tax reporting, job cost management, human resources, benefits administration, personnel supervision and IT systems administration. POINTE MANAGEMENT GROUP, INC. Delray Beach, Florida Full service Association /Property Management and Real Estate PART-TIME ASSISTANT PROPERTY MANAGER (6/02 to 12/03) Part-time community association manager utilizing CAM license for multiple Homeowners Associations. COPY PRODUCTS OF AMERICA North Miami, Florida Retailer for sales and service of office machines and supplies ACCOUNTS RECEIVABLE MANAGER (7/77 to 3/84) Full charge bookkeeper through financial statements, credit and collections, payroll and related tax reporting. LU ANN LACOVA (954) 435-1751 Page 2 EDUCATION FLORIDA INTERNATIONAL UNIVERSITY 1980 - 1981 MIAMI-DARE COMMUNITY COLLEGE 1978 - 1980 PROFESSIONAL AFFILIATIONS -CERTIFICATIONS -SKILLS Florida Licensed Community Association Manager - CAM22720 Florida Licensed Real Estate Sales Associate - SL3179455 Florida Licensed Notary Habitat For Humanity CFMA -Construction Financial Managers Association, South Florida Chapter Extensive use of Microsoft Office, Microsoft Excel, Microsoft Word, Microsoft Project, Microsoft Power Point, CPAS Job Cost Accounting software, Quick Books for Contractors, Timberline and Concord Job Cost Accounting software. Miami-Dade County Public School Board -Job Order Contract custom softwaze application and management. Page 1 of 1 Charlotte Willis From: "Charlotte Willis" <cwillis(d,~cwconstruction.biz> To: <guslopez~miamibeachfl.gov> Sent: Wednesday, June 20, 2007 2:09 PM Attach: JOC MB Reference List.XLS Subject: JOC MB Reference List.XLS for C W Construction, Inc. - ITB No. 36-0607 HORIZONTAL ROW Excel Reference List as request for above Bid. 6/20/2007 Oo ° A ~ c0 O c0 ° c0 ~ 0 v -' m ~ m ~ ~ ~ m o m m ,' ~ -+ ~ D n' 3 rn n _ ° „ „ ~ ~ v v _ ~, n v o ~ ~ ~ m =. ~ z D ~ 3 m w 0 cn w 0 cn w 0 cn w 0 cn w 0 cn Z ~ .~ ~ ~ ~ ~ ~ rn rn w w w O W z ~ N ~ o -~ o ~ o ~ o rn ~m o n o° OO °o w 0 w 0 w 0 w 0 w 0 z cn ~ cn ~ cn ~ cn ~ cn ~ 3 rn rn w w w D ~ X ~ 0 m ~ o v w rn v w rn ~ o -.i m ~ v cfl ~.i ~ w C7 C7 C7 n C7 0 -~ 0 -~ 0 ~, 0 ~. 0 ~, n r- ~ ~ ~ ~ ~ ~ ~ m z v 3 v 3 v ~ v 3 v 3 ~ - - ~ - - - z ~ ~ ~ b ~ ~ ~ m ~ ~ ~ z w z w ~ cn ~ T ~ ~ A cn 3 cn ~ ~~ O y ~? m m o `m m ~ m m c n -~ a v Q n ~ D - 3 ~ m c 3 ~. ~ rn 3n ~ ~ -~ ~ ~ 30 w O , N N V N V , O 0 3 v ~ D ~ ~ N N N N ~` ~ ~ 0 o 0 o 0 o 0 o 0 o m m ~-~ cn ~ rn ~ ~ ~m v vn D h ~ i, c iv ~ w ~ ~ ~ ~ ~ cn ~ ~ m co CO cn CT o OD oo N o O ~ '11 ~I ~ O V ~ ~ V V .A V W N 01 N C ~ O ~ L {~ O ~ C Z N ap v o ~ fl. ~ o w ~ .n c ~ ~ m N'EO'N N v n m ~ •- a °v N to ~, w a N aw ~ o U O C f0 y-, ._ O ~ 'C ~ ~ ~ y O N y C L - ~O ~„ N '~ ~ ~ +~-~ 4- ~ 7 N w Q X N ~ N N ~ ~ ~ N ,~, °" a m N o~ ~ ., ~ ~ E v ~ c ~ cv ~ N w o~ .~ ~ .. o ;r ~ ~ N ~ O N ~ ~, U C O ~ ~ O LN L = N O tL L -Q N w N Nn a a' O U N C N G N C .~ Q 7 N `m rn c~ m U d ~O N N N L L ~ T~.a ~ ~ Z ~ Z ~ ~ W 7 7 e0 ~ZZ °'oti ~ ~a _ U i+ L L (0 T Y ~ ~ •~ 1- C a U Z Z W w °' ~ o u1°. E c= vao a Project Manual Risk Assessment Plan Format Please prioritize the risks (list the greatest risks first). Indicate the potential impact to projects and/or schedule (in terms of calendar Days). You may add/delete the risk tables below as necessary. Major Risk Items Risk 1: Contaminated soil found during excavation for drainage, .........._._._man~hv }.e ~_..._.e..t.~............._ .............._._.._.........._................................_..._......._._..__..."....__....__...._._.._..._.....__"...._.__......._._._._.."__........___..____ __.._._...._._....._.._........_ Im act: p Financial impact ~D y )ule Unknown - - -- SOlutiOn: Work with department to mitigate cost and time;Y~--~~~~----~~~ ,r.........,.... ......_.M...............,....._.,.........._......._........,.._......~..........._,.....,,_..,..., Ar'ch...~'ng...S'u`b'conk'r"a~~'~i'..........._.. ..................,_....,.,.._, ...,...............,._...........,.,.....M,.. Risk 2: Hit existing underground utilities -unknown and active Impact: Financial/Schedule impact SChedUle 1-2 Days, depending on problem . (Days) Call in~~uti"Tit ~~com~-an -involved as soon as ..._.._-~" Solution: y P Y posse e t~o resolve _._ _._. _ i u 1~~;__.__~__._____._._._~.__.____.__.______._._..__...____..___.____._.___._._.__._._____..____.__._.. Risk 3: Road Closure/Lane Closure/Flaggers Impact: None anticipated Schedule (Days) ~ 1 .... ......... ........... ........ Solution: aintain~ sa`£~e~`~NI(3T~ fFia~~~ will al ow local traffic"~~~~~~~~~~""`" "~u " ""' "~ ~' ~~~' ~" " Risk 4' Theft and Vandalism _.,,..._ _..... .mm..., ,....,.. ..m..... ...,,.._...,....,_.,...,..........m.m......m.......... .._.....~_.......,.....~..~_.........._...~..._._.~,..w.........~_r......~........._.. Impact: Financial/Schedule Schedule (Days) Undetermined SOlutlOn: Maintain proper security measures during business~anT~o~f`~`fiours; . . .._ __...p""r'ovi e...._se~urity._...~Z~'~~'t~7~~'i -~~....."r-~~~~~.~'y..~..._P~r.~p`e~r- s~x"arg.~.~rf....",t.ee`rs Risk 5: and equipment Impact: Schedule (Days) Solution: ..._....._."...._..._...._....__ .........................__.....".._....._._._._........_.. Risk 6: Impact: Schedule __._____ ___..~~~ (Days) Solution: Risk 7: Impact: Schedule (Days) Solution: Risk 8: rage 3S City of Miami Beach May 2007 Project Manual Impact: Schedule Solution: Risk 9: Impact: Schedule ...__._..__.__.__.._.______.__._____.__.__.__._ (~aYS) Solution: Risk 10: Impact: Schedule --___----- -._-----_ (Days) Solution: May 2007 City of Miami Beach Page 39 Proiect Manual ATTACHMENT 5 Customer Refierence Listing CUSTOMER REFERENCE LISTING (5 PROJECTS) Related Project Experience: Complete forms on pages 41 through 50 and provide five (5) sample construction projects that your company has completed or that are in progress, that are similar and of the same complexity to the types of work required under this Contract. gage ao City of Miami Beach May 2007 CWCI JOB #904 Project Manual SAMPLE Project 1 of 5 CONTRACTOR'S NAME: ~ Construction, Inc. CLIENT'S NAME: City of Miami Beach Richard W. Saltrick, PE CLIENT'S CONTACT NAME: CLIENT'S ADDRESS: CIP Dept 777 17 Street #201 Miami Beach, FL 33139 CLIENT'S PHONE: (305) 673-7000 FAX: (305) 673-7073 OVERALL DESCRIPTION OF THE PROJECT: Cleaning & video of storm sewer culverts with Engineer's overall report of existing culvert system including all manhole/structures TYPE OF CONTRUCTION PROVIDED: See above CONSTRUCTION TRADES PROVIDED ON THE PROJECT: Cleaning of culverts, ccty of culverts, Engineer reports on video of culverts and manholes SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban environment and or Beach/Bay Front Vicinity): Lane closure/Road closures -brick plugs placed in manholes (both ends) of area to be cleaned, emptied of water, videoed. Work done in increments. Was the experience described above as a Prime Contractor or as a subcontractor? Prime X Sub-Contractor What changes and/or modifications were experienced during the course of the project? Subcontractor purchased additional equipment for cleaning of culverts and worked with ccty company to get better quality of videos after lst area done. May 2007 City of Miami Beach Page 41 Project Manual (SAMPLE Project 1, Continued) How did those changes/modifications affect the schedule? Did not impact schedule CONTRACT AWARD AMOUNT $ .578,633 FINAL COST AT COMPLETION: $ 506,471 VALUE OF WORK PERFORMED AS THE PRIME: $ 97,470 TOTAL VALUE OF SUBCONTRACT: $ 409,000 (72,162) SCHEDULE START DATE: 12/11/2006 SCHEDULE COMPLETION DATE: 5/11/2007 12/11/2006 ACTUAL START DATE: ACTUAL COMPLETION DATE: 4/10/2007 PROJECT MANAGER: Charlotte Willis N/A DESIGNER: PROJECT MANAGER: TELEPHONE NO: *ATTACH ADDITIONAL SHEETS IF NECESSARY* Page 42 City of Miami Beach May 2007 CWCI JOB #905 Project Manual SAMPLE Project 2 CONTRACTOR'S NAME: CW Construction, Inc. CLIENT'S NAME: City of Miami Beach CLIENT'S CONTACT NAME: Elie Fakie, PE CLIENT'S ADDRESS: 451 ~ Dade Blvd 2nd Floor Miami Beach, FL 33139 CLIENT'S PHONE: (305) 673-7000 X6021 FAX: (305) 673-7364 OVERALL DESCRIPTION OF THE PROJECT: Clean 19,132 LF of storm sewer pipe -various sizes thgoughout City of Miami Beach TYPE OF CONTRUCTION PROVIDED: See ABove CONSTRUCTION TRADES PROVIDED ON THE PROJECT: Cleaning of storm sewer SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban environment and or Beach/Bay Front Vicinity): Plug pipe at manholes for cleaning of segments, furnish pictures before and after cleaning. Was the experience described above as a Prime Contractor or as a subcontractor? Prime Sub-Contractor What changes and/or modifications were experienced during the course of the project? Additional equipment purchased May 2007 City of Miami Beach Page 43 Project Manual (SAMPLE Project 2, Continued) How did those changes/modifications affect the schedule? Project was completed earlier than scheduled CONTRACT AWARD AMOUNT $ 483, 625 FINAL COST AT COMPLETION: $ 482' 772 VALUE OF WORK PERFORMED AS THE PRIME: $ 76,660 TOTAL VALUE OF SUBCONTRACT: $ 406,112 SCHEDULE START DATE: 3/12/2007 8/9/2007 SCHEDULE COMPLETION DATE: ACTUAL START DATE: 3/12/2007 ACTUAL COMPLETION DATE: 4/27/2007 PROJECT MANAGER: Charlotte WIllis DESIGNER: N/A PROJECT MANAGER: TELEPHONE NO: *ATTACH ADDITIONAL SHEETS IF NECESSARY* Page 44 City of Miami Beach May 2007 CWCI JOB #411 Project Manual SAMPLE Proiect 3 CONTRACTOR'S NAME: CW Construction, Inc. CLIENT'S NAME: City of Miami CLIENT'S CONTACT NAME: John C. Depazos CLIENT'S ADDRESS: 444 NE 2 Street 8th Floor Miami, FL 33130 CLIENT'S PHONE: (305) 416-1094 Fes(: (305) 416-1019 OVERALL DESCRIPTION OF THE PROJECT: NW 35th Court - 7th to 11th Streets Remove asphalt curbing around existing median, clear median of sod, debris and ea trees, lns a new concre a cur mean ri access, new trees, top soil, sod and bushes around lift station @ 11th Street, mill and resurface 35th ourt. TYPE OF CONTRUCTION PROVIDED: Streetsacape and Median Improvements CONSTRUCTION TRADES PROVIDED ON THE PROJECT: Excavation, concrete, landscape, asphalt SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban environment and or Beach/Bay Front Vicinity): 1 lane on each side of median remained accessible during construction. Was the e~erience described above as a Prime Contractor or as a subcontractor? Prime Sub-Contractor What changes and/or modifications were experienced during the course of the project? Added repairs 10 113 flags of concrete sidewalk May 2007 City of Miami Beach Page 45 Protect Manual (SAMPLE Protect 3, Continued) How did those changes/modifications affect the schedule? None CONTRACT AWARD AMOUNT $ 317 , 743 Addition $37 , 329 FINAL COST AT COMPLETION: $ 355,072 VALUE OF WORK PERFORMED AS THE PRIME: $ 86,345 TOTAL VALUE OF SUBCONTRACT: $ 268' 727 SCHEDULE START DATE: 11/6/2006 SCHEDULE COMPLETION DATE: 2/28/2007 ACTUAL START DATE: 11/6/2006 ACTUAL COMPLETION DATE: 1/12/2007 PROJECT MANAGER: Charlotte Willis City of Miami DESIGNER: PROJECT MANAGER: John C. Depazos TELEPHONE NO: (305) 416-1094 *ATTACH ADDITIONAL SHEETS IF NECESSARY* Page 46 City of Miami Beach May 2007 CWCI JOB #901 Pro]ect Manual SAMPLE Project 4 CONTRACTOR'S NAME: CW Construction, Inc. CLIENT'S NAME: City of Miami Beach CLIENT'S CONTACT NAME: Elie Fakie, PE CLIENT'S ADDRESS: 451 Dade Blvd. 2nd Floor Miami Beach, FL 33139 (305) 673-7000 ~3nsl h7~-7~hG CLIENT'S PHONE: FAX: OVERALL DESCRIPTION OF THE PROJECT: 18th Street End Improvements Remove existing asphalt road, sidewalks, curbas & gutters and sand from Collins Ave. setback to beachwalk cul-de-sac & install new road, curbs & gutters, sidewalks, irriga ion, an scaping an s ree mar ings par ing spa TYPE OF CONTRUCTION PROVIDED: Streetscape CONSTRUCTION TRADES PROVIDED ON THE PROJECT: Excavation, fill, asphalt, concrete curbs & gutters, sidewalks, landscape, irrigation system, street lighting, striping SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban environment and or Beach/Bay Front Vicinity):_ .Road closed during construction except to deliveries and garbage service to holets on both side of project. Was the experience described above as a Prime Contractor or as a subcontractor? Prime X Sub-Contractor What changes and/or modifications were experienced duringq the course of the project? Additional milling & resurfacing at entrance to Colrins Avenue and striping at on Cllins at crossings. May 2007 City of Miami Beach Page 47 Project Manual Page 48 City of Miami Beach May 2007 Project Manual How did those changes/modifications affect the schedule? (SAMPLE Project 4, Continued) into ist week of January, 2006 Extended project CONTRACT AWARD AMOUNT $ 390, 406 FINAL COST AT COMPLETION: $ 408,646 VALUE OF WORK PERFORMED AS THE PRIME: $ 87,223 TOTAL VALUE OF SUBCONTRACT: $ ____32.1, 423 SCHEDULE START DATE: 9/12/2005 SCHEDULE COMPLETION DATE: 12/9/2005 9/12/2005 ACTUAL START DATE: ACTUAL COMPLETION DATE: 1/27/2006 PROJECT MANAGER: Charlotte Willis DESIGNER: Coastal Systems Andres Perez PROJECT MANAGER: (305) 661-3655 TELEPHONE NO: *ATTACH ADDITIONAL SHEETS IF NECESSARY* May 2007 City of Miami Beach Page 49 CWCI JOB #807 Project Manual SAMPLE Project 5 CONTRACTOR'S NAME: CW Construction, Inc. CLIENTS NAME: City of Miami CLIENTS CONTACT NAME: Ed Herald CLIENTS ADDRESS: 444 SW 2 Ave. 10th Floor Miami, FL 33130 CLIENTS PHONE: (305) 416-1290 FAX: (305) 416-1097 OVERALL DESCRIPTION OF THE PROJECT: N.W. 34 Avenue - 7th to 13th Streets & N.W. 30 Avenue - 16th to 17th Street NW 34 Avenue new drainage system, mi ing an resur acing, various wor in swa a areas, ur oc so . TYPE OF CONTRUCTION PROVIDED: Drainage, fill, asphalt, turf block, sod, repairs to sidewalk, asphalt drainage. CONSTRUCTION TRADES PROVIDED ON THE PROJECT: Drainage, asphalt, cone, turf block, sod. SPECIAL FEATURES OF THE PROJECT (describe how work was performed in City/Urban environment and or Beach/Bay Front Vicinity): Road closed to local traffic only, worked with residents duration of construction, road closed daily when required. Was the experience described above as a Prime Contractor or as a subcontractor? Prime X Sub-Contractor What changes and/pr mo(~ifcations were experiencgd wring the course f the project? Reconstruction of road ~ase, reconstruct road were necessary a~ter rfew drainage was installed. Page 50 City of Miami Beach May 2007 Project Manual (SAMPLE Project 5, Continued) How did those changes/modifications affect the schedule? Extended project schedule for additional work required. CONTRACT AWARD AMOUNT $ 968,162 FINAL COST AT COMPLETION: $ 1, 299.753 VALUE OF WORK PERFORMED AS THE PRIME: $ _298,530 TOTAL VALUE OF SUBCONTRACT: $ 1, 001.223 2/7/2005 SCHEDULE START DATE: SCHEDULE COMPLETION DATE: 8/26/2005 ACTUAL START DATE: 2/7/2005 ACTUAL COMPLETION DATE: 11/30/2005 PROJECT MANAGER: Angel Diaz DESIGNER: URS Corporation Joaquin Barnes, PE PROJECT MANAGER: TELEPHONE NO: (305) 262-7466 *ATTACH ADDITIONAL SHEETS IF NECESSARY* May 2007 City of Miami Beach Page 51 Project Manual m MIAMI BEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information Name of Company: CW Construction,I~e of Company Contact Person: Charlotte Y. Willis Phone Number: (305) 652-6964 Fax Number: t;305) 652-696._mail: cwillis@cwconstruction.biz Vendor Number (if known): Federal 10 or Social Security Number: 65-0285807 Approximate Number of Employees in the U.S.: 7 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. Does your company agree to not discriminate against your employees, applicants for employment, 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 x Yes _No ^ Sex x Yes No Color x Yes _No ^ Sexual orientation x Yes No Creed x_Yes _No ^ Gender identity (transgender status) x Yes _ No Religion x_Yes _No ^ Domestic partner status x Yes _ No National origin x_Yes _No ^ Marital status x Yes No Ancestry x_Yes _No ^ Disability x_Yes No Age x Yes _No ^ AIDS/HIV status x_Yes No Height x_Yes _No ^ Weight x Yes No Page 58 City of Miami Beach May 2007 Project Manual B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the pertormance 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 Questions 2A and 2B 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? Yes x No 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? YesX 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 partners. A Contractor may institute an intemal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships 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 more stringent than those required for domes#ic partnership registration by the City of Miami Beach X If you answered "NO" to both Questions 2A and 2B, go to Section 4 (at the bottom of this page), complete and sign the form, filling in all items requested. )f you answered "YES" to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2. (continued) C. Please check all benefits that apply to your answers above and list in the 'other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. May 2007 City of Miami Beach Page 59 Project Manual NEFIT Yes for Employees with S ouses Yes for mployees with Domestic Partners No, this Benefit is No Offered Documentation of this Benefit is Submitted with this Form Health [] [] U [] Dental [] [l [l [] Vision [] [] 0 [] Retirement (Pension, 401(k), etc. ) [] [] p [] Bereavement [] [l [] [] Famiiv Leave [) [l [] [] Parental Leave [] [] [] [] Employee Assistance Program [] [] [] [] Relocation.& Travel [] [] [] [] Company Discount, Facilities & Events [] [] [] [] Credit Union [] [] p [] Child Care [l [] [] [] Other [] [l [] [] 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. To 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, or his designee. Page SO City of Miami Beach May 2007 Project Manual Section 3. Required Documentation YOU MUST SUBMIT 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? _Yes _No Section 4. Executing the Document I declare 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. this 13 da of June 2007 N. Miami Beach, FL y , in the year , at , ~"~~~ ® City State :,~.,Bi~' `f~'~ i~f~ia. 18901A NE S Avenue Signature Charlotte Y. W lli Name of Signatory ase print) President Title Mailing Address N. Miami Beach, FL City, State, Zip Code May 2007 City of Miami Beach Page 61 Pr~oiect Manual 00400 BID/TENDER FORM ITB #: 36-06/07 HORIZONTAL ROW June 22, 2007 Submitted: 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 Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other required information with the bid; and that this bid is submitted voluntarily and willingly. The Bidder agrees, if this bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to fumish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: ITB#: 36-06/07 HORIZONTAL ROW 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, and to fumish 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 seven (7) calendar days after being notified of the award of the Contract. Page 64 City of Miami Beach May 2007 Project Manual fn the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. Acknowledgment is hereby made of the following addenda (identified by number) received since issuance of the Project Manual: Addendum Number Date Sisur ~ ` #1 6/8/2007 CC #2 6/11/2007 #3 6/19/2007 f`~,, ~~ The $idder shall acknowledge this bid by signing and completing the spaces provided below. Name Of Bidder: CW Construction, Inc. City/State/Zlp: N. Miami Beach, Florida 33179 Telephone No.: (305) 652-6964 Social Security No. or Federal Dun and Bradstreet No.: (if applicable) 65-0285807 I. D. No.: Bradstreet No.: (if applicable) If a partnership, names and addresses of partners: May 2007 City of Miami Beach Page 65 Project Manual (Sign below if not incorporated) WITNESSES: (Signature) CW Construction, Inc. CW Construction, Inc. (Type or Print Name of Bidder) Charlotte Y. Willis (Type or Print Name Signed Above) (Sign below if incorporated) ATTEST: (Secretary) CORPORATE SEAL) (T a or Print Name oration) ( ignature an itle) Charlotte Y. Willis (Type or Print Name Signed Above) Incorporated under the laws of the State of: Florida Page 66 City of Miami Beach May 2007 City of Miami Beach m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673-7490 Fax: 786-394-4002 June 8, 2007 RE: ADDENDUM NO. 1 TO BID # 0705-001-JOB ORDER CONTRACT; ITB No. 35- 06/07 VERTICAL AND ITB No. 36-06/07 HORIZONTAL In response to questions and requests for additional information received by prospective proposers, the RFP is hereby amended as follows: 1. The deadline for receipt of proposals and Performance Evaluation Surveys has been changed from June 15"', 2007 to June 22nd, 2007 at 3:00 p.m. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH ~~ ,.-=. Gus Lopez, CPPO Procurement Director Bid # 0705-001-Job Order Contract, ITB No. 35-06/07 and ITB No. 36-06107 Addendum #1 6/8/2007 Page 1 of 1 Bid 0705-001 Jun 15, 2007 12:17:08 PM EDT P 8 City of Miami Beach ?~ MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 30573-7490 Fax: 7863944002 June 11, 2007 RE: ADDENDUM NO. 2 INVITATION TO BID (ITB) No. 35-06/07, FOR VERTICAL CONSTRUCTION AND ITB No. 36-06/07, FOR HORIZONTAL CONSTRUCTION. In response to questions and requests for additional information received by prospective contractors, the aforementioned bids are amended as follows: I. Performance Evaluation Surveys previously submitted by contractors on other projects will not be considered for evaluation purposes. Only new surveys submitted by clients of contractors will be considered. II. Section 14.2 entitled "Technical Review Panel Selection Criteria /Section process" is hereby amended to revise the Technical Review Panel's evaluation criteria; 1) Qualifications of the Contractor's Team (~8; 10 points) 2) Past performance based on number and quality of the Performance Evaluation Surveys (10 points}. 3) Interview of key personnel (30 points). 4) Combined Weighted Adjustment Factor (40 points). 5) Risk Assessment Plan (RAPT (10 Points) III. Copies of all necessary forms to be submitted with your bids will be sent to all prospective Bidders via a-mail and/ or fax. Potential bidders that have elected not to submit a response to the RFP are requested to complete and return the °Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. PZ CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director Bid # 0705-001-Job Order Contract, ITB No. 35-06/07 and ITB No. 36-06/07 Addendum #1 6/12/2007 Page 1 of 1 Bid 0705-001 Jun 15, 2007 12:17:08 PM EDT P 8 PAGE 01/02 ~ MIAMIBEACH City of Miaml Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.rt8amibeachfl.gov PROCUREMENT DIVISIOPI June 19, 2007 Tet: 305-673-7490 Fax: 786-394~-002 RE: ADDENDUM N0.3 TO INVITATION TO. BiD (ITB} NO. 35-06/07 -- VERTICAL CONSTRUCTION, AND ITB NO. 36-06f07 - FOR HORIZONTAL CONSTRUCTION. In response to questions and requests for additional information received by prospective bidders relative to the bonding requirement, the following clarification/amplification is hereby provided: 1. Bid Guaranty or Bid Bond. A bid bond or an altemative form of guaranty (i.e., certified check, cashier's check, corporate check, or. money order}, in the amount of $25,000, must be included as part of your bid submission, for each lTB that you are responding to. if you are electing to submit a bid bond, you may utilize your surety company's standarti form. Please note that your bid. bond. or altemative form of guaranty will be returned to you immediately (within one business day) after one of the. following two conditions: a. You are not approved for a contract award; or b. You are approved for a contract award and you. execute (sign) the contract. If for any reason, a decision relative to. the contract awartl. is delayed. and the above aforementioned conditions. (whether to award or not award} cannot be applied, then City will return all bid bonds or altemative forms of guaranty within 180_ days. The bid bond or guaranty shall be forfeited if the successful. bidder (contrast awardee) fails to execute a contract, or fails to furnish the required performance bond and payment bond, or fails to furnish the required certificates} of insurance after being notified of the award of the Contract. 2. Performance and Payment Bond. A performance bond and a payment bond are required only when notified by the City that you are the sucxessful bidder(s) and the City Commission has awarded a contract(s). When notified in wrfing by this Office that the City Commission has awarded a contract(s) to your company, you must submit a payment bond and performance bond each in the amount of $1 million. Each bond shalt be in effect for a period of one year.. Each contract will have an initial term of 12 months. The contract may be renewed at the mutual agreement by the contracting par0es (i.e., your company and the City}. If mutually agreed to renew the contract term beyond the first and subsequent renewal options, a new performance bond and payment bond will be required to be submitted in the amount of $1 million. There are four one-year renewal options. PAGE 02/02 On an annual basis (one year from the effective date of the contract), the City and successful (contract awarded) Contractors wilt sit down to discuss at a minimum: 1) any increase to the adjustment factors bid (i.e., profit and overhead) pursuant to the Engineering News Record's 20 City average report; and 2) whether the contract(s) should be renewed for an additional year. Should your respective surety companies have any issue or need clarification relative to this addendum, please do not hesitate on providing them my paint of. contact information: phone: 305.673.7495; fax: 786-394-4007 ; or a-mail: gusloaezfa'~miamibeachfl.gov. Thank you, ~~ CITY OF MIAMI BEACH Gus Lopez, CPPO Procurement Director Project Manual 00407 FORM OF BID Blp FORM 1 SCHEDULE OF PRICES FOR CONTRACT NUMBER ITB 36-06/07 HORIZONTAL ROW The Bidder hereby proposes to furnish all labor, materials, equipment, transportation, supervision, scope documentation services, as required, and facilities necessary to complete in a workmanlike manner and in accordance with the Contract Documents, all Job Order Work ordered for the compensation in accordance with the following schedule of prices: The Contractor bids three (3) adjustment factors. Two will be applied against the prices set forth in the Construction Task Catalog® (CTC). One will be for work performed during normal working hours. The second set will be for work performed during other normal hours and the third adjustment factors will be used for Non Prepriced Work Tasks.. These adjustment factors will be considered for the Term Period (12 months from date of contract award) Line 1 Normal Working Hours Construction: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog® (CTC) multiplied times the adjustment factor of: 1 1 7 2 2 (Specify to four (4) decimal places) Line 2 Other Than Normal Working Hours Construction.: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog® (CTC) multiplied times the adjustment factor of: 1 2 2 2 2 (Specify to four (4) decimal places) Page 68 City of Miami Beach May 2007 Project Manual Line 3 Non Prepriced Work Tasks: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, that are considered a Non Prepriced Work Tasks multiplied times the adjustment factor of: 1 1 5 0 0 (Specify to four (4) decimal places) Line 4 Combined Adjustment Factor (From Line 7 on Bid Form 2) 1 1 7 9 (Specify to four (4) decimal places) EXAMPLE: Write the Adjustment Factor to four decimal places as the following example illustrates. 1 1 8 9 8 Or 0 9 9 9 9 May 2007 City of Miami Beach Page 69 PrQlect Manual _ BID FORM 2 COMBINED ADJUSTMENT FACTOR WORKSHEET FOR CONTRACT NUMBER ITB 36-06/07 HORIZONTAL ROW For the purposes of determining the low bid the Contractor shall complete the following worksheet. (Specify to four (4) decimal places). 1. Normal Working Hours Construction Adjustment Factor 1:1722 (Found on Bid Farm (1) line 1) 2. Multiply Line 1 by (.70) ......................................... ............................... .8205 3. Other Than Normal Working Hours Construction Adjustment Factor... 1.2222 (Found on Bid Form (1) line 2) 4. Multi I Line 3 b 20 pY Y(• ) ............................................................... .2444 5. Non Prepriced Work Tasks Adjustment Factor ,,,,,,,,,,,,,, 1.1500 (Found on Bid Form (1) line 3) 6. Multiply Line 5 by (.10) ......................................................................... .1150 7. Add lines 2+4+6 ................................................................................... i .1799 (Combined Adjustment Factor) Page 70 City of Miami Beach May 2007 Project Manual The Bidder shall complete this Combined Adjustment Factor Worksheet and transfer the Bid Adjustment Factors, (Line 1, 3, 5,) and Final Combined Adjustment Factor (Line 7) to the space provided on the Bid Form 1 (Line 4) of this proposal. The lowest Combined Adjustment Factor will be deemed the lowest bid. The Owner reserves the right to revise all arithmetic calculations for correctness. Note: Should there exist a discrepancy in the adjustment factors bid on Bid Form (1) and Bid Form (2), Bid Form (1) shall take precedent. Contractor Name: CW Construction, Inc. 0 r Authorized Signature: _ _ Charlotte Y. Will Printed Name: Date: June 13 , 2007 May 2007 City of Miami Beach Page 71 Project Manual 00520 SUPPLEMENT TO B1D/TENDER FORM -NON-COLLUSION CERTIFICATE Submitted this 13 day of June , 2007 The undersigned, as Bidder, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this proposal or in the contract to which this proposal pertains; that this proposal is made without connection or arrangement with any other person; and that this proposal is in every respect fair and made in good faith, without collusion or fraud. The Bidder agrees if this proposal 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 proposal is based u on the documents identified by the following number: Bid No. 36-06/07 HORIZONTAL ROW SIGNATURE Charlotte Y. PRINTED NAME President TITLE (IF CORPORATION) May 2007 City of Miami Beach Page 73 Project Manual ~,_,_ , 00530 SUPPLEMENT TO BID/TENDER FORM -DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder hereby certified that it will provide adrug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offer or's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The Bidder's policy of maintaining adrug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1). (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying City government 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 Page 74 City of Miami Beach May 2007 Project Manual (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain adrug-free workplace program through implementation of subparagraphs (1) through (6). ,.___, (Bidder S" atur ) Charlotte Y. Will s, Pr sident CW Construction, c. STATE OF Florida COUNTY OF Miami-Dade (Print Vendor Name) The foregoing instrument was acknowledged before me this 13 day of, June 20 07 by Charlotte Y. Willis as President (title) Of CW Construction, Inc. (name of person whose signature is being notarized) (name of corporation/company), known t0 me to be the person described herein, or who produced Personally Known as ident~cation, and who did/did not take an oath. NOTARY PUBLIC: ~e~ ~2~,v-~GL (Signature) Lu Ann Lacova (Print Name) My commission expires: ~~`"R =::'~% LU ANN LACOVA * ~ * MY COMMISSpN i DD 292488 EXPIRES: June 19, 2008 m~grF~ v~~\O: Bonded Thru Budget Notary Services May 2007 City of Miami Beach Page 75 Project Manual 00540 SUPPLEMENT TO BID/TENDER FORM-TRENCH SAFETY ACT 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.S.1926.650, as Florida's own standards. The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. BIDDER ACKNOWLEDGES THAT INCLUDED IN THE ADJUSTMENT FACTORS OF THE PROPOSAL ARE COSTS-FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE THIS FORM. SIGN AND SUBMIT IT WITH THEIR BID DOCUMENT. Authorized Signatu Page 76 City of Miami Beach May 2007 Charlotte Y. Willis, President CW Construction, Inc. Project Manual 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 Cw Construction, 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 1.1. The Scope of work under this Contract shall be determined by individual Job Orders issued hereunder. Upon receipt of a Notice to Proceed, the CONTRACTOR shall furnishes all scope documentation services to support individual Job Orders, shop drawings, samples, management, documentation, materials, supplies, parts (to included system components), transportation, plant, supervision, labor and equipment needed to perform the work at designated CITY properties. 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. The term of the 12 month contract shall commence on the date of the Contract, The maximum contract time is no more than 5 years or when the maximum value of the contract is reached. 2.1.1. Once the Contract is in place, Job Orders will be issued for the individual Job Orders through Notice to Proceeds. The time for completion of individual Job Orders will be contained in the Job Order Notice to Proceed. 2.2. Time is of the essence throughout this Contract. Job Orders shall be substantially completed within the specified calendar days listed on each Page 78 City of Miami Beach May 2007 Project Manual individual Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within the time specified on each individual Notice to Proceed. 2.3. Liquidated Damages (LDs) may be applied to individual Job Orders at the discretion of the City. The dollar amount(s) relative to LDs are not intended to be applied as penalties, but rather to be applied as damages to the City for its inability to obtain full beneficial occupancy and/or use of the Project. LDs on construction projects other than streetscape or utility aroiects are hereby fixed at $1,000 per day and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the project on time. 2.3.1 LDs relative to a streetscape /utility project. The additional cost realized by the City consists of the following components: Additional construction administration by City, Program Manager and Consultant. Additional resident observation by City and Program Manager. Loss of use of facilities, such as loss of parking revenue, sidewalk cafe fees, etc. The cost realized by the City for extended project milestone completion consists of the sum of the Program Management (PM) fee, the City Construction Management (CM) cost, additional Consultant fees that would be incun'ed by the City for each day that the project completion is delayed and those costs realized by the City for loss of facility use. It is estimated that the PM component of City incurred expense could reasonably consist of one resident observer ($75 per hour for 8 hours per day = $600), one Project Coordinator ($125 per hour for 4 hour per day = $500), and one Project Administrator ($50 per hour for 4 hours per day = $200). Hence, the estimated PM component of the liquidated damage value to be used on streetscape/utility projects would be $1,300 per day. It is estimated that the Construction Management component of City incurred expense would be based on the recognized rate of 4% of total project cost. Hence, a $5,000,000 project that has construction duration of 300 working days would result in a CM cost component of $800 per day. This value would vary by May 2007 City of Miami Beach Page 79 Project Manual project and can be established by the Program Team and provided to the Consultants accordingly. loss of Parking Revenue: If applicable, will be incorporated in the Job Order/Notice to Proceed. 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 the CITY and or Program Manager in administering the construction of the Project beyond the completion date specified in each Job Order RFP, plus approved time extensions. The CITY'S and or Program construction administration costs shall be pursuant to the contract between CITY and Program Manager, 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 Program Manager and agreed to by CITY. ARTICLE 3 THE CONTRACT SUM AND ADJUSTMENT FACTORS 3.1. CITY shall pay to CONTRACTOR for the performance of the Work described in the Contract Documents. The contract is an indefinite-quantity contract with no minimum values. The Maximum Contract Term Value that may be ordered under contract ITB No. 35-06/07 VERTICAL CITYWIDE is Two million dollars ($2,000,000.00) per term. The Maximum Contract Total Value that may be ordered under contract ITB No. 35-06/07 VERTICAL CITYWIDE is Ten million dollars ($10,000,000.00). .The Maximum Contract Term Value that may be ordered under contract !TB No. 36-06/07 HORIZONTAL ROW is Two million dollars ($2,000,000.00) per term. The Maximum Contract Total Value that may be ordered under contract ITB No. 36-06/07 HORIZONTAL ROW is Ten million dollars ($10,000,000.00). 3.2. Payment shall be at the lump sum price stated in the Notice to Proceed for each Job Order. 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 using the following adjustment factors: 3.2.1. Normal Working Hours Construction: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Page 80 City of Miami Beach May 2007 Project Manual .~ Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog® (CTC) multiplied times the adjustment factor of: ~. 1 7 2 2 3.2.2. Other Than Normal Working Hours Construction: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog® (CTC) multiplied times the adjustment factor of: 1 2 2 2 2 3.2.3. Non Prepriced Work Tasks: Contractor shall perform any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work, that are Non Prepriced Tasks multiplied times the adjustment factor of: 1 s o 0 ARTICLE 4 PROGRESS PAYMENTS 4.1. For Job Orders of duration of 30 days or less, the City will make only one final payment. For Job Orders of duration of more than 30 days the 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 CITY. Contractor shall include, but same shall be limited to, at City's discretion, with each Application for Payment, an updated progress schedule acceptable to CITY May 2007 City of Miami Beach Page 81 Project Manual 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 CITY for approval. CITY shall make payment to contractor within thirty (30) days after approval by CITY of contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2. Ten percent (10%) of all monies eamed 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 eamed and all monies eamed thereafter. Any reduction in retainage shall be in the sole discretion of the Contract Administrator, shall be recommended by CITY and CONTRACTOR shall have no entitlement to a reduction. Any interest eamed on retainage shall accrue to the benefit of CITY. All requests for retainage reduction shall be in writing in a separate stand alone document. 4.3. CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1. Defective work not remedied. 4.3.2. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR or CITY because of Contractor's performance. 4.3.3. Failure of CONTRACTOR to make payments properly to Subcontractors or for material or labor. 4.3.4. Damage to another contractor not remedied. 4.3.5. Liquidated damages and costs incurred by CITY for extended construction administration. 4.3.6 Failure of CONTRACTOR to provide any and all documents required by the Contract Documents. Page 82 City of Miami Beach May 2007 Project Manual ARTICLE 5 ACCEPTANCE AND FINAL PAYMENT 5.1. Upon receipt of written notice from contractor that the Job Order is ready for final inspection and acceptance, CITY and or Program Manager shall, within ten (10) calendar days, make an inspection thereof. If the CITY and or Program Manager 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 Paymen# (Form 00926) shall be issued by CITY and or Program Manager, 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 the CITY 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 invoice. 5.3. If, after the Work has been substantially completed, full completion thereof is materially delayed through no fault of contractor, and the CITY so certifies, CITY shall, upon certificate of the CITY, 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. May 2007 City of Miami Beach Page 83 Proiect Manual ARTICLE 6 MISCELLANEOUS 6.1. This Contract is part of, and incorporated in, the Contract Documents as defined herein. Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project. 6.2. Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3. Public Entity Crimes: 6.3.1. 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 wi#h 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: 6.4.1. 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: 6.5.1. 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. Page 84 City of Miami Beach May 2007 Project Manual 6.6. Notices: 6.6.1. 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: With copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: 18901A N.E. 5 Avenue N. Miami Beach, FL 33179 USA 6.7. Assignment and Performance: 6.7.1. Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. !n addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 28 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. 6.7.2. Contractor shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of Contractor's May 2007 City of Miami Beach Page 85 Proiect Manual performance and all interim and final product(s) provided to or on behalf of City shall be comparable to the best local and national standards. 6.8 Materiality and Waiver of Breach: 6.8.1. 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. 6.8.2. 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: 6.9.1. 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: 6.10.1. This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all sub-contractors to the provisions of this Contract. 6.11. Amendments: 6.11.1. 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 as this Contract and executed by the Board and Contractor. 6.12. Prior Agreements: 6.12.1. This document incorporates and includes all prior negotiations, con'espondence, 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 Page 86 City of Miami Beach May 2007 Project Manual terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11 above. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. ATTEST: THE CITY OF MIAMI BEACH Robert Parcher, City Clerk David Dermer, Mayor May 2007 City of Miami Beach page g7 Project Manual CtyN~RACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION OR NON-CORPORATION FORMAT, AS APPLICABLE. [If incorporated sign below.] ATTEST: G~ ~GZ~~i ~ ~/l, (Secretary) Lu Ann Lacova Corporate Seat) Charlotte Y. Willis CONTRACTOR CW Construction, Inc. Name of~orporation) Y (Signature and itl ) Charlotte Y. Willis, President (Type Name/Title Signed Above) 13 day of June , 2007 [If not incorporated sign below.] CONTRACTOR WITNESSES: (Name) By (Signature) (Type Name Signed Above) day of , 20 CITY REQUIRES FIVE (5) FULLY-EXECUTED CONTRACTS, FOR DISTRIBUTION. Page 88 City of Miami Beach May 2007 Project Manual 00708 FORM CERTIFICATE OF INSURANCE INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the State of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include PremiseslOperations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence -owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. XXX 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Professional Liability $ .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Bid opening. CW Construction, Inc. Contractor ti ~s~~ Signature of ntr for May 2007 City of Miami Beach Page 89 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we CW Construction, Inc. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto The City of Miami Beach as Obligee, hereinafter called the Obligee, in the sum of Twenty Five Thousand And No/100 Dollars ($25,000.00), for the payment of which sum well and truly to be made, the said Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Job Order Contract Horizontal Row NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22"d day of June, 2007 r~Y,rll/xix~ ~',~~ (Witness) (Wi ess) Trave/e~ Ca a/ty and Surety Company of ~ ` ( ~ America ~/ v Warren M. Alter, Attorney-in-Fact (seaq Printed in cooperation with the American Institute of Architects (AIA) by CANF&D . CANFBD vouches that the language in this document conforms exactly to the language used in AIA Document A310 Bid Bond -AIA, February 1970 ED -THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 218020 Certificate No. {) ~ 14 6 l; ~, e' 1 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that S[. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, and David R. Hoover of the City of Miami L•akec ,State of Florida , [heir 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 permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instnunent to be signed and their corporate seals to be hereto affixed, this day of February 2007 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 22nd St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company eI,SUq StWE)'J. `J'FIFE~ PN IM,g ..+Yw nsu"`wt PTV ANp ~Y~ <r J~ 4 Q~;.-......G,y JP;....... .q9 qJ ~ v g~t,~lM~~g/y~ O • 0 9 etpP FOR.I)'~i `~~ 0 9 ~ i 1~ f~~j n ~t F:m tWrpoaPORgTE;_p~ y „t 9 8 Z, a ~ ,1.7/ ! $ , •Q27 K f I : S _._ ; n . W NARTFORD~ < INRTF6RD, <O 'q~.G,`."S t ~` r. '~S ~: 'o CCNN. n OONl1. q N 1896 ~ 1.9$~ m ~ Y ~;SEALio, o:SBRL!a W o y ~ P ~! ~ OF h£tt A'~n,~;&Ar+cE C. °,!S '. AN'~a ~ 01 ... r'ad by ~a State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President On this the 22nd day of February 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,T~? n A , t. /1 `~ In Witness Whereof, I hereunto set my hand and official seal. ~ ~ ~ W w" y V My Commission expires the 30th day of June, 2011. ~'Ot~BI~G * Marie C. Tetreauh, Notary Public >'r"~~a$ 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER vv,vrcivuvu: i rii5 rUWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Inswance Underwriters ]nc. Seaboard Surety Company, St. Paul File and Marine Insurance Company. St. Paul Guardian Insurance Company, St Paul Mercun~ Insurance Company, Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions tine now in full force and effect reading as lollows: RESOLVED, that the Chairman, the President, any Vice Chaiunan, any Executive Vicc President, any Senior Vice President, any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Sea'etary muv appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undcrtakmg, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President any Senior Vice President or any Vice President may delegate all or any part of the fore_om =authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is tiled in the office of the Seuehuy; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity. or wrrtmg obli~*atory rn the nature of a bond, recognizance, or conditurnal undertaking shall be valid and binding upon the Company when (a) signed by the President any Vice Chairman, any Executive Vice President any Senior Vice President or unv Vice President, any Second Vice President the'ilc suer, any Assistant 1'rcxtswer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company s seal by a Secretary or Assistant Secretary, or (bj duly executed fundcr seal, rt regmred) by one or more Attorneys-m-East and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED, that the signature of each of the follow mg officers: President any Executive Vice President, any Senior Vicc President, any Vice President, any Assistant Vice President, any Secretary'. any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents. Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the natty e thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in [he future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Comptuiy, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insm~ance 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 do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF. 1 have hereunto set my hand and affixed the seals of said Companies this22nd day of .JUri2 Q] 20 G~_/~r~'G% ' _ Kori M. Johanso Assistant Secretary pASV,~< SUR£Jy ~~ t~RE"a~w`", ~.^~'~. p~a~(~V"nom J` ,pP~ ~p Z ~ .i \~.N-.. NSG~` ,Aj ~NSVq"...~ TY A/y0 IN,WNU~ S ~ (1 i~' k0 ~ GZ * ~ ANN ~% QOON POR ~ 11 fLJP ............. 9,y :~ yJP~ G C,N16 SIIBFlyC ~~TY,ty~ i 1982 0 ~ y9 ~ OHPORAiED ~ 19g7 g '^<~ ^'- ~~!~ ~, f•mY i4i: CORPORA l~r'.. ~- ~ ~ ~ ~11p c ~~11 c1~ t Ta ~Y ~ aP HARTFORD, ~'FihRiFOF41. ~y"'PE~~r ~ x.751 c~ <l+,n # ~'tiSE~t..~o: '~`.$EAL.3= CONN. ~ c~ CONH. ~ N 1896 ~y ~ TN ~./ * 9'C ~ /" s~rn N\_t Obi <'... .=Q`J 6~. DI ~ ~ 1~ !J. CF ^~Fa ~. .,, ~'" ~!`'~'ANya- 1S ...*~~f 'sb H~a ~r .... ~,~`y4 Yr~A~~ To verify the authenticity of this Power of Attorney, call I-800-421-3880 or contact us at www.stpaultravelersbond.com. Please refer to the Attorney-In-Fact number. the above-named indiaiduals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER