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4THE CITY OF PLEASANT liVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: BACKGROUND: AMOUNT: ACCOUNT: ATTACHMENTS: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda Item NO.:~ August 4, 2015 A Resolution authorizing the City Manager to enter into a Piggyback Agreement through the City of Miami Beach with H & R Paving, Inc. for the Purchase of Asphaltic Concrete/Related Materials to be Picked-Up or Delivered to the City and the Striping of City Streets and Parking Lots. In an effort to provide striping throughout the City, it is proposed to enter into a contract for striping and asphaltic services. The City of Miami Beach performed an ITB (Invitation to Bid) process (ITB No. # 15-11/12), alike to the City's competitive sealed bid process, and received four competitive bids on February 6, 2012. City of Miami Beach performed an evaluation process with a technical review panel, consisting of City staff members on February 22, 2012, which reviewed each company's proposal and interviewed each company's managers, superintendents and estimators. The process is more fully detailed in the City of Miami Beach Commission Memorandum, attached. The Minimum Specifications were broken down into four separate groups from which bidders submitted pricing on a single, any combination, or all groups of work as follows: • Group I -Concrete/Curbing Sidewalk Construction. • Group II -Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt Related Materials. • Group III -Asphaltic Concrete/Related Material to be picked-up or delivered to the City. • Group IV -Striping of City Streets and Parking Lots. Following the ITB evaluation process, H & R Paving was selected for Groups III and IV. The City Manager wishes to piggyback on the City of Miami Beach Contract No. ITB # 15-11/12 with H & R Paving Inc. for the services provided per groups III and IV. The lump sum bid prices were proVided per group, with H & R Paving having the lowest bid for groups III and IV (shown in the City of Miami Beach Commission Memorandum pg. 73-74). Prices in the 2012 contract are still valid and are to be honored in this agreement. Taking advantage of the Piggy Back contract we will achieve the same prices from 2012 that are being used by the City of Miami Beach and the reduction in the process time. Amount not to exceed $65,000 The expenditure shall be charged $65,000 to the Capital Improvements Program Fund account number 301-1790-519-6450 which has a balance of $212,794.00 before this request was made. Proposed H & R Paving, Inc Resolution City of Miami Beach Certification of Contract H & R Paving, Inc. Bid Submittal City of Miami Beach Memorandum 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 RESOLUTION NO.: ________ _ A Resolution authorizing the City Manager to enter into a Piggyback Agreement through the City of Miami Beach with H & R Paving, Inc. for the Purchase of Asphaltic Concrete/Related Materials to be Picked-Up or Delivered to the City and the Striping of City Streets and Parking Lots. WHEREAS, the City wishes to enter into a Piggyback Agreement with H & R Paving, Inc. for Striping of City Streets as determined by the City's Engineering & Construction Division; and WHEREAS, the City of Miami Beach received sealed proposals in response to a solicitation for similar services; and WHEREAS, the City of Miami Beach determined that H & R Paving, Inc. was the highest ranked, responsive and responsible respondent for Group III: Asphaltic Concrete/Related Materials to be Picked-Up or Delivered to the City and Group IV: Striping of City Streets and Parking Lots; and awarded a two (2) year contract, expiring May 31,2014 with two (2) additional one (1) year terms to renew; and WHEREAS, the City of Miami Beach has exercised the second of two (2) one (1) year options, in accordance with the terms of Contract No. ITB # 15-11112 extending the contract to May 31 , 2016; and WHEREAS, the City wishes to enter into a Piggyback Agreement at same terms, conditions and prices as the City of Miami Beach Contract No. ITB # 15-11112. NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is authorized to enter into a Piggyback Agreement through the City of Miami Beach with H & R Paving, Inc., for asphaltic and striping services as determined by the City's Engineering & Construction Division at the same terms, conditions and prices as the City of Miami Beach Contract No. ITB # 15-11/12, for a term not to exceed past the date of May 31, 2016. A copy of the agreement is attached. Section 2. The City Manager is authorized to expend an amount not to exceed $65,000, to H & R Paving Inc. for asphaltic and striping services. Section 3. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 4. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ENACTED this __ day of _____ , 2015. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: Commissioner Edmond: e MIAMIBEACH- CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Concrete Curbing/Sidewalk Construction, Purchase of Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots CONTRACT NO.: '15-11/12 EFFECTIVE DATE(S): This Contract shall remain in effect for two (2) years from date of Contract execution by the Mayor and City Clerk and may be renewed, at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year term. SUPERSEDES: ITB No. 30-08/09 CONTRACTOR(S): H & R Paving, Inc. (Group III and IV) ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on March 21, 2012, for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor, S. EFFECT -This Contract is entered into to provide for concrete curbing/sidewalk construction, purchase of asphaltic concrete/related materials, and striping of city streets and parking lots pursuant to City Invitation to Bid No. 15-11/12 and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS -All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 15-11/12. D. -CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to Fred Beckman, City of Miami Beach, Public Works Director at 305-673-7000 ext. 6012. E. INSURANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F~ ASS-IGNMEN-T ·AND PE-RFGRMANGE---· Neitt-lsr··this··-Gontrad··-nor -aRy--·-interest---herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 1 Certification of Contract Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractors performance and all interim and final product(s) and lor work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. . H. 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 liubmit 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 Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR -Contractor is an independent contractor under this Contract. Supplies, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or 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. J. THIRD PARTY BENEFICIARIES -Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. 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 and/or the Contract Documents. 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 and/or the Contract Documents. 2 Certification of Contract K. NOTICES -Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties deSignate the following: For City: Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach, Florida 33139 For Contractor: Metro Express/; Inc. 9442 N.W. 109' Street Medley. Florida 33178 Attn: Mathew Wilkin. President Phone: 305-885-1330 Fax: 305-885-1327 E-mail: deIio@metroexpresscorp.com L. MATERIALITY AND WAIVER OF BREACH -City and Contractor agree that each requirement, duty, and obligation set forth in the 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 the Contract Documents 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. M. SEVERANCE -In the event a portion of this Contract and/or the Contract Documents 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, -tt-lis---Gentr-aet--aasea-t.;paA-this-pfevisiGR-sRa-!I-be-rr:18de-·\I'..'itr.in·-seven- (7) days after the finding by the court becomes final. 3 Certification of Contract N. APPLICABLE LAW AND VENUE -This Contract andlor the Contract Documents 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 Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. o. AMENDMENTS -No modification, amendment, or alteration in the terms or conditions contained herein, or in the· Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITS and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; (ii) the ITS; and lor (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this "3 \ day of MM. 20 D-by their respective duly authorized representatjyes. CONTRACTOR CITY OF MIAMI BEACH By: X Date ATTEST: ~c4.. tEC-t A-GorJ 24/'-€-z..- Print Name Date I Date APPROVED AS TO FORM & LANGUAGE & F()1'l EXECUTION F:IPURCl$ALLITHEOUTBUTB 15-11-12 -Aspha~ & SbipinglContractslH R PaVing.d--,-7"' ~ tt~l:;,~-: 5 ~ 3 12-~ Dat 5 ( H&RPAVI-'~Ol~==~~~ CERTIFICATE OF LIABIL, ITY INSURANCE I DATEIMM/DD/YYY\'j 5/7/2012 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 BYTHEPOLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR ANn THE CERTIFICATE HOLDER. mirV, I: . If the holder Is an AUUIII the policy(ies) must be endorsed. If.SUBROGAT,ON IS WAIVED,subjectto the terms ! ~:':.~~_po!icYI certain ~olicies may require an endorsement. A statement DR this certificate does not confer rights to the certificate hOJcfer in lieu of such' _I§' Alter, Fowler & -French, LLC ~~~~~~~![======III r~Ala,:B; .. N"~'I"l «;3~05~)~~~[:~ ~~.~~ .. ~~~erno Square Blvd . ~ M:r~;;;rL';kes, FL 330'16 . ",Cj I INSURED ,Co. of, 'Ins.Co. H & R Paving Inc. 1955 NW 11Dth Ave Miami, FL 33172 INSURERC, .N.".F. n, INSURERE, I INSURER F, 19411J ~7c~;J~~~OThWrH~,":N6~~ ANY REQSF~~I~~~g~~~~~ OF~AN!I~S;~~~~ ~R OTHER' I ~~~~~g~6~~~~ 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 SHO\I\IN MAY HAVE BEEN REDUCED BY PAIDiiC,.LA"Ii,M"S,.' --------:-=:-------1 l'rf'.I' TYPE OF! I ~~ UMITS GENERALUABILITY ~~~~Ea'$81 I A X GENERALUABILITY X IU" ." 51112012 51112013~' I. 300,OOe _U C",IMS·MADE [KJ OCCUR iJ{ ~ME~D)IEXP~' rA~"'" o~~ "'''"~II·~11IO''0I)()1 unV.N,."OY I" . = 11ft ' I GENERAL I" IPOuCYrxl~;,APnsL:' l i/riff<-:: UABILITY i3 IX ANYAUTO r ALlOIfo.NED -SCHEDULED rv AUTOS ~ HIRED AUTOS :K AUTOS NON-OWNEO ....:....:.. AUTOS X IDT81 el9831 P196COF12 -5/1/2012 51112013 I. I' I' 'I" I" c ~ UMBRELLA LIAB ~ ~~CUR : , ' • EXCESS LIAS 5/1/2012 .511/2013 1$ 1, ~~,~I~'-,-.o~[jiN-",IIA-t------------~-----t-----t:EJLI~~1 1~'r=II~u~e:;========j irye,~o;;;,;,:::'~~;", IEL (~~ B Equip 51612012 5/612013 :$1,000. Ced Applies ,VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) I ~~:~ ~~v'i !i '~/1'i2; Job Name: Invitation to bid (ITB) No. 15~11/12 for concret.e curbing/sidewalk construction, 'purchasing of Asphaltic concrete/related materials, 9 pf city ~treet parking lots " " . c'cc'j' B ~e'a:cc·h< is named as additional insured with respects to Gene~al Liability and Auto policies. "" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF TIlE ABOVE DESCRIBED POLICIES BE CANCELLEO"BEFORE Ci1;y of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WJLL BE DELIVERED IN 1700 Convention-Center Drive ACCORDANCE WITHiHE POLICY PROVISIONS. Miami Beach, FL 33139 AUTHORIZED REPRESENTATIVE I 4lfJU , © 1988..,.2010 -A,CORD CORPORATION. All fights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ACORV® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) L...----5/7/2n2 THIS CERTIFICATEIS·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 AFFORD~D 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 policy(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 ~2~~ACT Dav.id M. L.opez Eastern Insurance Group, Inc .. PHONE . (305) 595-3323 I Fft~ No ~ (305)595-'7l.35 9570 SW l.07 Avenue i;MAIl.. . csr@eastern:i.nsurance.net s..uite 104 INSURE~(SJ AFFORDING COVERAGE NAIC# Miami ·FL 33176 INSURER-A :Bridqefield Emolovers· Insuranc INSURED INSURERB: H & R Paving, Inc. INSURERC: l.955 NW l.l.0 Avenue INSURERD: INSURERE: Miami' FL 33172 INSURERF: COVERAGES CERTIFICA TE NUMBE~aster n 12 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE-BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD JNDICATED. NOl'MTHSTANDING ANY REQUIREMENT, TERM OR CONDI110N OF ANY CONTRACT OR OTHER DOCUMENT \NITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY lHE 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 TYPE OF INSURANCE ~~~i I~ LTR POL.ICY NUMBER &BMg~ ~~lfig~ UMITS =~~:;:~GENERAL UABIUTY EACH OCCURRENCE $ ~~=~~JYEa~~~enoo • _ Cl..AIM$-MADE D OCCUR MEn-EXP (Anyone per5Oll) , PERSONAL & PDV INJURY , - I -GENERAL AGGREGATE , ~'L.AGG~nEUMIT nES PER: PRODUCTS·COM~OPAGG ,. POUCY ~:g: L.OC . $ ~OMOBIL.E L.!ABIUTY ' ft:0MBINED SINGLE UMiT Ea .accident $ ANY AUTO BODILY INJURY (Per.person) $ -All. O\'\NEO r-SCHECUL.ED aDDIL. Y INJURY (Peraccldent) $ -AUTOS r-AUTOS NON-OWNEO Pp~~~~~tpAMAGE $ HIRED AUTOS AUT~ --$ r--UMBRElLA LlAB H·OCCUR EACH OCCURRENCE $ EXCESSUAB CLAIMS-MADE AGGREGATE $ --_ .. OED I I RETENTIONS $ A WORKERS COMPENSA nON X I·WCSTATU-.I l"lt AND EMPLOYERS' UABIL.lTY 'YIN ANY PROPRIETORIPARTNERlEXECUTlVED ·N/A E.L. EACH ACCIDENT $ 1. DOD DOD OffiCER/MEMBER EXCL.UDED? 2/25/201.1 2/25/2012· (Mand~ory In NH) :30-50115 EL.. DISEASE·EAEMPL.OYE $ 1 000 000 g~~~~~~ ~"$ec;PERA TrONS.below E.L. DISEASE· POLICY UMIT $ 1 DOD DOD DESCRIPTION OF OPERATIONS I L.OCATIONS IVEHICL.ES (Attach ACORD 101, Additional Remarks Schedule, if more space Is·required) ~halt paving, sidewalks, CUIbs, asphalt plant ·Job #15-12/12 Invitation to Bid (ITB)· No. 15-1~/l"2 For Concrete Cub:ci.ng/~idewa1.k C.onstruction, Purchase or Asphaltic Concrete/Related Materi.als, .And _Stripping of City Streets and .Parking Lots CERTIFICA TE HOLDER CANCELLATION SHOULD ANY'OFTHE A·eaVE DESCRIBED POLICIES£E CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN City of ·Miami Beach ACCORDANCE WITH ·THE "POLICY PROVISIONS. PROCUREMENT Division 1.700 Convention center Dr_ive AUTHORIZED REPRESENTATIVE 'Miami Be.ach, FL 33l.39 David Lopez/.1W:ANDA ~ ~ = -= ACORD 25 (2010/05) @1988-2010-ACORDCORPORATION. All nghts reserved. IN ~n"<:;1?n1nn"', .. COMMISSION ITEM SUMMARY Condensed Title' Request for Approval 'to Award Contracts Pursuant to Invitation to Bid (ITS) No. 15-11/12. for Concrete Curbing/Sidewalk Construction, Purchase of Asphaltic ConcretelRelated Materials, and Striping of City streets and Parking Lots; Awards shall be Based on Firms' Unit Prices as Follows: Group I: for Concrete Curbing/Sidewalk' Construction, Team Contracting, Inc.; Group II: far Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphaltic-Related Materials, Metro Express, Inc.; Group III: for Asphaltic Concrete/Related Material to be Pioked Up or Delivered to the City, H & R Paving. Inc.; and Group IV: for Striping of C~y streets and Parking Lots, H & R Paving, Inc. in the Estimated Annual Amount of $550,004. . Key Intended Outcome Supported: Ensure well~maintained infrastructure Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated1l1at 79% of businesses rated recently completed capital improvement projects as "excellent" or"Qood." Issue.· I Shall the Mayor and City Commission tihe award of contracts? Item Summary/Recommendation: The purpose of this bid is to establish a contract, by means of sealed bids, 10r concrete curbing sidewalk construction, the purchase of asphaltic concrete/related materials, and the striping of City streets and parking lots. This contract shall remain in effect for two (2) yearsii"om the date of contract execution by the Mayor and City Clerk and two (2), one (1) year renewal options at the sole discretion of the City Manager The Minimum Specifioations were broken down into four separate groups from which bidders submitted pricing on a Single, any combination, or all groups of work as follows: • Group I Concrete/Curbing Sidewalk Construction. • Group" Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt-Related Materials. • Group III Asphaltic Concrete/Related Material to be picked-up or delivered to the City. • Group IV striping of City Streets and Parking Lots. On January 6, 2012, tihe ITB was issued wIIh an opening date of February '6, 2012. A Pre-proposal meeting to provide information to prospective proposers was held on January 18, 2012. Bidnet issued bid notices to 179 prospective bidders which resufted in tihe receipt of four bids. On February 22, 2012, tihe Panel convened to discuss each company's proposal in addition to interviewing each of the company's project managers, superintendents, and' estimators. Upon completion of 1I1e Interviews, tihe Committee discussed their individual perceptions of each prospective firm's qualifications, experience, and competence in order to develop its recommendation to the City Manager. In regards to Groups 1 and 2. the Panel voted unanimously to recommend Team Contracting, Inc. and Metro Express, Inc., 1I1e lowest bidders respectively in each group, for award. For Groups 3and 4. the Panel votedA to 1 in favor of recommending H & R Paving, Inc., the lowest bidder in both groups for award. Dwight Fulton recommended that the Cij:y award Groups 3 and -4 to Matro Express, Inc. because ~ would allow for asphalt and striping pnojeCls to be managed easier for the sake of cohesion and control of the overall process. APPROVE THE AWARD OF CONTRACT. Advisory Board Recommendation: IN/A Financlallnformalion' Source-of Amount .Acoount Funds: 1 $ 30,000 Water Division Account Number 425-041 0-000342 OBPI 2 $ 35,004 Sewer Division Account Number 425-0420-000342 3 $ 60,000 Sidewalk Account Number 011-9407-000342 ~-4 $100,000 Street Pavement Restoration Capital project Account Number 302-2623-069357 :5 $325,000 Alleyway RestoratiOn Program Ph " Account Number -302-2617-069357 -Total $550,004 Financiallmpacl Summary: NlA City Clerk's OffIce Legislative Tracking: Fernando Vazquez ext. 6135 & Fred Beckmann ext. 6012 ...•. ..... .............. SIgn-oIl'S· -.... . --.. _,." ---... ---' ._ ..... GL MIAMI BEACH 71 DATE 3-21-1& C:J.. F ttl MIAMI BEACH City of Miami Beach, 1700 C~nvenHon Center Drive, Miami Beach, Florida 33139, www,miomibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manage~ DATE: March 21, 2012 SUBJECT: REQUEST FOR APPROVAL AWARD CONTRACTS PURSUANT TO INVITATION TO BID (ITB) NO. 15-11/12, FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS; AWARDS SHALL BE BASED ON FIRMS' UNIT PRICES AS FOLLOWS: GROUP I: FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, TEAM CONTRACTING, INC.; GROUP II: FOR MILLING AND RESURFACING OF ASPHALT CONCRETE AND THE PURCHASE OF ASPHALTIC-RELATED MATERIALS, METRO EXPRESS, INC.; GROUP III: FOR ASPHALTIC CONCRETE/RELATED MATERIAL TO BE PICKED UP OR DELIVERED TO THE CITY, H & R PAVING, INC.; AND GROUP IV: FOR STRIPING OF CITY STREETS AND PARKING LOTS, H & RPAVING, INC. IN THE .ESTIMATEDANNUAL AMOUNT OF $550,004 . . ADMINISTRATION RECOMMENDATION .Approve the award of contract. KEY INTENDED OUTCOMES SUPPORTED Ensure well-maintainedfacil~ies. FUNDING Funding in the amount of$ 550,004 is available from the following accounts: $ 30,000 $ 35,004 $ 60,000 $100,000 Water Division Account Number 425_0410-000342 Sewer Division Account Number 425-0420-000342 Sidewalk Account Number 011-9407-000342 . $325;000 Street Pavement Restoration Capital project Account Number 302-2623-069357 Alleyway Restoration Program Ph 11 Account Number 302-2617-069357 $550,004 BACKGROUND The purpose of this bid is to establish a contract, by means of sealed bids, for concrete curbing sidewalk construction, the 'purchase of asphaltic concrete/related materials, and the striping of city streets and parking lots, as specified herein. This contract shall remain in effect for two (2) 72 Commission Memorandum -ITB 15-11/12 -Concrete/Asphalt/Striping SelVices March 21, 2012 Page 2 of4 years from the date of contract execution by the Mayor and City Clerk and two (2), one (1) year renewal options at the sale discretion of the City Manager. The work specified in this bid consists of furnishing all labor, machinery, tools, means of transportation, supplies, equipment, materials, services necessary for concrete/curbing and sidewalk construction, the purchase of asphaltic concrete/related materials, and the striping of City streets and parking lots, in accordance with the bid documents. The Minimum Specifications were broken down into four separate groups from which bidders submitted pricing on a single, any combination, or all groups of work as follows: • Group I -Concrete/Curbing Sidewalk Construction. • Group II -Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt- Related Materials. • Group III -Asphaltic ConcretelRelated Material to be picked-up or delivered to the City. • Group IV -Striping of C~y Streets and Parking Lots. ITBPROCESS On January 6, 2012, the ITB was issued with an opening date of February 6, 2012. A Pre- proposal meeting to provide information to prospective proposers was held on January 18, 2012. Bidnet issued bid notices to 179 prospective bidders which resulted In the receipt of the following four (4) bids: . • FHP Tectonics Corp. .•. H & R Paving, inc_ • Metro Express, Inc. • Team Contracting, Inc. As a result, the following table provides the proposed lump sum bid prices for each of the work groups: Group I -Concrete Curbing/Sidewalk Construction Team Contracting, Inc. $316,850.00 FHP Tectonics Corp. $573,274.20 Metro Express, Inc. $844,500.00 H & R Paving, Inc. $917,000.00 Group II -Milling & Resurfacing of Asphalt Concrete Metro 6Jcpress, Inc. $2,573,400.00 FHP Tectonics Corp. $3,155,818.20 H & R Paving, Inc. $3,300,000.00 GrouplU -~sp_h!!ltic Concrete/Related Material to be Picked Up or Delivered to the City H & R Paving, Inc. Metro Express, Inc. 73 $277,500.00 $298,500.00 Commission Memorandum-ITB 15-11/12-Concrete/Asphalt/Striping Services March 21,2012 Page 3 of4 Group IV -Striping of City Roads and Parking Lots H & R Paving, Inc. $152,392.00 Metro Express, Inc. $233,824.00 FHP Tectonics Corp. $253,145.45 The above lump sum bid prices could potentially result ina 13% overall savings when compared to the lump sum bid prices received in 2008, the last time the City issued a bid for the provision of these services and materials. EVALUATION PROCESS The Technical Review Panel (the "Panel") consisting of the following City staff members met on February 22, 2012, to discuss each company's proposal in addition to interviewing each of the company's project managers, superintendents, and estimators: . • Michael Alvarez, Infrastructure Division Director, Public Works Department • Darlene Fernandez, Capital Project Coordinator, CIP Office • Dwight Fulton, Civil Engineer III, Public Works Department • Rhonda Gracie -Landscape Project Coordinator, Parks and Recreation Department • Victor Hayes, Parking Operations Manager, Parking Department Upon completion of the interviews, the Committee discussed their individual perceptions of each . prospective firm's qualifications, experience,and competence' in order to develop its recommendation 10 the City Manager. In regards to Groups 1 and 2,the Panel voted unanimously to recommend Team Contracting, Inc. and Metro Express, Inc., the lowest bidders respectively in each group, for award, For Groups 3 and 4, the Panel voted 4 10 1 in favor of recommending H & R Paving, Inc" the lowest bidder in both groups for award. Dwight Fulton recommended that the City award Groups 3and 4 to Metro Express, Inc. because it would allow for asphalt and striping projects to be managed easier for the sake of cohesion and control of the overall process. H & R Paving, Inc. Since 1976, H & R Paving, Inc. has been providing paving services throughout South Florida. H & R shall also be subcontracting High Tech Striping, Inc. for part of the work. High Tech Striping has been in business for.over 15 years. Both companies have been providing striping and other asphalt services to the City since 2005, The performance evaluation submitted by the Public Works department for H $ R Paving regarding their ongoing services with the City was favorable and indicated that the quality of the work performed was good. Metro Express, Inc. Since 1996, Metro Express, Inc. has been providing construction services to South Florida. Specifically, this company managed the renovation of Collins Park for the City of Miami Beach .. __ . and"-stormwatei··'and-Tight...;of.:.way 'repairS'--for 'the--Ciiy-of Miami---and-"inEr -etLy--ot-'eul C:li---(;ables~-" ,--- Metro Express, Inc. is currently a streetscape JOC Contractor performing various construction projects throughout the City. 74 Commission Memorandum -/TB 15-11112 -ConorelelAsphEj/tlStriping Servioes March 21,2012 Page4of4 The Performance Evaluations submitted by the CIP Office for the work performed by Metro Express, Inc during the City Center 9A and Collins Park -Phase II projects were favorable. The project manager indicated that Metro Express, Inc did an excellent job in Collins Park -Phase II. Team Contracting, Inc. Team Contracting, Inc., its principals and its employees have been providing JOC services to local municipalities since 1997. Team has been a JOe contractor for the City of Miami Beach . since 2003 specializing in vertical and maintenance construction. Team, as F & L Construction, Inc., has been providing concrete services to the Ctty since 2005. The Performance Evaluation SUbmitted by the CIP Office and Public Works Department regarding the wo~ performed by Team Contracting, Inc or F & L Construction for ongoing services with the Ctty and work performed at the W 29th street bridge and Washington Avenue bridge repairs, Serpentine Walkway at Lummus Park, surface lot 26A Collins and 80th Street, and LLN & Meridian Ct were either good or excellent. The Performance Evaluation submitted for the work performed at the City Hall Small Elevator indicated that the lower score was directly affected by the inability of Team Contracting, Inc to manage the subcontractor Oracle, which affected their overall scheduled and change orders submitted at the end of the job. CITY MANAGER'S REVIEW 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. As a result, the City Manager recommends to the Mayor and City Commission to award contracts to Team Contracting, Inc .. under Group I for concrete curbinglsidewalkconstruction; Metro Express, lric. under Group II for milling and reSUrfacing of asphalt concrete; and H & R Paving, Inc. under Groups III and IV for asphaltic concrete/related material to be picked up or delivered to the City and striping of City roads and parking lots respectively. CONCLUSION Based on the aforementioned, the Administration recommends that the Mayor and City CommisSion Award Contracts pursuant to Invitations to Bid (ITB) No. 15-11112 for concrete· curbing/sidewalk construction, purchase of asphaltic concrete/related materials, and striping of City streets and parking lots; awards shall be based on firms' unit prices as follows: Group I: for concrete curbing/sidewalk construction, Team Contracting, Inc.; Group II: for milling and resurfacing of asphalt concrete and the purchase of asphalt-related materials, Metro Express, Inc.; Group III: for asphaltic concrete/related material to be picked up or delivered to the City, H & R Paving, Inc.; and Group IV: for Striping of City streets and parking lots, H & R Paving, Inc. in the estimated total annual amount of $550,004. T:IAGENDAI2012\3-21-12\ITB 15-11-12 -Concrete, IIsPhalt, Striping Services -MEMO.docx 75 List of Current Contracts l Contract Contract Short description VendorlD Contractor Name Number Type 1201 4-325-01 term RFP GEN BLDG CONT REHAB 5VCS 53600 GECKO GROUP INC. IC:ONSIII TANT 2013-098-12 piggyback ROUTINE SMALL DOLLAR PURCHASES 4857 GENERAL WELDING SERVICE, INC 2014-149-01 canst UNIDAD BUILDING HANDRAILS AT NORTH 13943 GEORGE WELDING SERVICES ISHORF RFQ -17-11/12 term GEOTECHNICAL & LABORATORY TESTING 13216 GFA INTERNATIONAL, INC. 2013-113-04 term ROUTINE AND EMERGENCY REPAlRS FOR 7596 GIANNETTI CONTRACTING CORP. 2014-059-01 manage CONVENTION CENTER MANAGEMENT 45134 GLOBAL SPECTRUM LP ITB2-2S-10/11 term UNIFORMS AND ACCESSORIES FOR 6580 GLOBAL TRADING INC. ITBA-2S-11/12 term PURCHASE OF PUBliC SAFETY SHOES 6580 GLOBAL TRADING INC. 2015-046-01 const REPL THE DRIVING RANGE NETTING AT 19324 GOLF RANGE NETTING INC. MBGC 2013-240-03 piggyback SOF -TIRES 45077 GOODYEAR TIRE & RUBBER COMPANY 2015-153-01 piggyback BICYCLE RACKS 36297 GRABER MANUFACTURING, INC. 2013-151-02 piggyback MDC -ELECTRICAL PARTS AND SUPPliES S31 GRAYBAR ELECTRIC COMPANY INC 2013-264-02 uscom US COMMUNmES -MRO GOODS & 531 GRAYBAR ELECTRIC COMPANY INC 2015-105-2 piggyback PREQUAliFICATION FASTENERS 50663 GRAYSON INDUSTRIES, INC. 2013-333-03 piggyback FERTIliZERS (VAROUS TYPES) 51861 GREEN WAY TURF INC. 2013-266-PGM piggyback mLED COMMERCIAL RECORDS 51210 GRM INFO MNGT SERVICES OF MIA 2015-134-01 piggyback UPS SYSTEM PURCH, MAINT & REPAlRS 53539 GRUPO INPOWER, LLC 2013-214-01 its G-TEC EQUIPMENT SERVICES 44882 G-TEC 2013-157-01 term GYMNASTIC PROGRAM INSTRUCTOR 51984 GYM KIDZ INC. ~ ITBA-15-11/12 const CONCRETE CURBING/SIDEWALK 1500 H & R PAVING INC. , UCTION 2012-066-14-term TRADES-GEN BUILDING, PLUMBING 50442 HABER & SON'S PLUMBING, INC LR IRFQT-01-09/10 mth to mth ARCHITECTURE & ENGINEERING SERVICES 47067 HADONNE CORP Rows highlighted in yellow = AWAITING PIGGYBACK CONTRACT RENEWAL AND OR CONTRACT RENEWAL Rows highlighted in orange = PENDING CONTRACT EXECUTION Contract Contract Renewals Status Expiration A 3/2/2018 2 P 6/30/2015 ~ P I A 8/18/2016 A 2/25/2016 3 A 9/30/2016 2 A 1/9/2016 2 A 7/1/2016 1 P 0 A 8/27/2015 0 A 1O/31/201S 1 ~ A 3/31/2019 1 A 0 P 6/30/2018 0 A 10/31/2019 0 A 6/30/2019 0 A 10/31/2019 1 I A 7/16/2018 0 A 4/13/2016 3 A 5/30/2016 0 A 4/14/2016 2 A 7/30/2015 a Created July 1, 2015 CONTRACT THIS AGREEMENT made and entered into this _ day of ,2015 by and between the City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City") and H & R Paving, Inc" (hereinafter referred to as "Contractor"), WITNESSETH: WHEREAS, the City of Miami Beach solicited bids, pursuant to ITB # 30-08/09, for Concrete Curbing/Sidewalk, Construction, Purchase of Asphaltic ConcretelRelated Materials, and Striping of City Streets and Parking Lots; and WHEREAS, the city of Miami Beach, after completing a competitive bidding process, awarded a contract to Contractor for Group III, Asphaltic ConcretelRelated Materials to be Picked-Up or Delivered to the City and Group IV, Striping of City Streets and Parking Lots ofthe solicitation; and WHEREAS, the City of South Miami desires to utilize the City of Miami Beach Contract and pursuant to authority of the City of South Miami's Charter. NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: I, The City desires to enter into a Contract, under the same terms and conditions as set forth in the solicitation and the agreement between the City of Miami Beach and Contractor, pursuant ITB # 30-08/09. 2, The City has reviewed the contract and agrees to the terms and conditions and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such services under the same price(s), terms and conditions as found in Contract No. 15-11112 and the agreement between the City of Miami Beach and Contractor" pursuant ITB # 30-08/09 and Contract No. 15-11112, a copy of which, including any amendments thereto, is attached hereto and made a part hereof by reference, 3. All references in the contract between the City of Miami Beach and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of the City, as set forth in the City of Miami Beach's ITB # 30-08/09 and Contract No. 15-11112 and its agreement with Contractor, shall be made by the City Manager for the City of South Miami. The term ofthe contract, including all extensions authorized by the contract shall not exceed five years. Notwithstanding anything contained in the ITB # 30-08/09 and Contract No. 15-11112, or the the City of Miami Beach contract to the contrary, this agreement shall be governed by the laws ofthe State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. 4. Notwithstanding anything contained in the contract to the contrary, the provisions ofthis Agreement shall apply and take precedence over any contrary provisions in the contract between the Contractor and the City of Miami Beach. Thomas F. Pepe -7-16-14 Page 1 of6 5. Term: The term of the contract, including any extensions, shall not exceed five years. 6. Ownership of Documents: All documentation and work product produced as part of the contract shall become the exclusive property of the city. All bids/proposals and accompanying documentation received from the Contractor in response to a solicitation shall become the property of the city and will not be returned to the Contractor. This subsection shall be applicable to all responses to a solicitation, including but not limited to request for proposal, requests for qualification, requests for letters of interest and request for bids. 7. Public Records: Contractor and all ofits subcontractors are required to comply with the public records law (s.l19.0701) while providing goods and/or Services on behalf of the CITY and the Contractor, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. 8. Indemnification: Contractor shall comply with the indemnification requirements set forth in or as set forth in the attached Indemnification Exhibit. In addition, if the Contract requires the City to provide indemnification, nothing contained therein shall waive the City's right to sovereign immunity or the protection of s. 768.28, Florida Statutes. 9. Insurance -Bonding: Contractor shall comply with the insurance requirements set forth in the attached Insurance Exhibit. 10. Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing the Agreement or commencing the Work. 11. Taxes: Contractor shall be responsible for all payments of federal, state, and/or local taxes related to the Operations, inclusive of sales tax if applicable. 12. Drug Free Workplace: The Contractor shall comply with the Drug Free Workplace policy set forth in attachment # two which is made a part of this agreement by reference. 13. Independent Contractor: Contractor is an independent entity under this Agreement and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 14. Entire Agreement, Modification, and Binding Effect: This Agreement constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit ofthe City and Contractor and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this agreement shall be valid or binding unless it complies with this paragraph. This agreement, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. 15. Non-Waiver: City and Contractor agree that no failure to exercise and no delay in exercising any right, power or privilege under this Agreement on the part of either Thomas F. Pepe -7-\6-\4 Page 2 of6 party shall operate as a waiver of any right, power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this agreement. Any waiver of any tenn, condition or provision of this Agreement will not constitute a waiver of any other tenn, condition or provision hereof, nor will a waiver of any breach of any tenn, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this agreement as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 16. Rules of Interpretation: Throughout this agreement the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular wherever applicable. 17. Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by the Contract Documents and the rights and remedies available to the City hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 18. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the perfonnance of the Work thereunder. 19. Validity of Executed Copies: This agreement may be executed in several counterparts, each of which may be construed as an original. 20. Severability: If any tenn or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such tenn or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each tenn and provision of this Agreement shall be valid and enforceable to the fullest extent pennitted by law. 21. No Discrimination: No action shall be taken by the Contractor, nor will it pennit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, national origin, Thomas F. Pepe -7-16-14 Page 3 of6 religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The Contractor shall comply with the Americans with Disabilities Act. Furthermore, Contractor agrees that it will take affirmative action to ensure that such discrimination does not take place. 22. Equal Employment: In accordance with Federal, State and Local law, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The Contractor shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this Agreement the Contractor hereby certifies under penalty of perjury, to the CITY, that Contractor is in compliance with all applicable regulations and laws governing employment practices. 23. Governing Laws and Venue: This Agreement and the performance of services hereunder will be governed by the laws ofthe State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 24. Attorneys' Fees and Costs: III the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 25. Unauthorized Aliens: The employment of unauthorized aliens by the Contractor is considered a violation of Federal Law. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. This applies to any sub-contractors used by the Contractor as well. The CITY reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 26. Assignment: Contractor shall not assign or transfer its rights under this Agreement without the express written consent of the City. The Contractor shall not assign and of its duties, obligations and responsibilities. The City will not unreasonably withhold and/or delay its consent to the assignment of the Contractor's rights. The City may, in its sole discretion, allow the Contractor to assign its duties, obligations and responsibilities provided the assignee meets all of the City's requirements to the City's sole satisfaction. The Contractor shall not subcontract this Agreement or any of the services to be performed by it without prior consent ofthe CITY in writing. Any assignment or subcontracting in violation Thomas F. Pepe -7-\6-\4 Page 4 of6 hereof shall be void and unenforceable. 27. Subcontracting: If allowed by this Agreement, the Contractor shall be as fully responsible to the CITY for the acts and omissions of its subcontractors as it is for the acts and omissions of people directly employed by it. All subcontractors and subcontractor agreements, if allowed by this Agreement, must be approved by the CITY. The Contractor shall require each subcontractor, who is approved by the CITY, to agree in its contract to observe and be bound by all obligations and conditions of this Agreement to which Contractor is bound. 28. Effective Date: This Agreement shall become effective and binding upon its execution by the City Manager .. 29. Third Party Beneficiary: It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder, and that none of provisions of this Agreement shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 30. Furtber Assurances: The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of the Agreement. 31. Time of Essence: Time is of the essence of this Agreement. 32. Construction: This Agreement shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 33. Force Majeure: Neither party hereto shall be in default of its failure to perform its obligations under this Agreement if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials and to be attested by their respective Clerks the day and year first above written. ATTEST: CITY OF SOUTH MIAMI By: _:;-:--:-:;-:-:;-:-_-:--=:-::-:::--__ By: ________ _ Maria M. Menendez, CMC Steven Alexander City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution Thereof By: --=:-------:=-:: Thomas F. Pepe Thomas F. Pepe -7-16-14 Page 5 of6 City Attorney VENDOR By: (type name and title of signatory above) Thomas F. Pepe -7-\6-\4 Page 60f6 (B MIAMIBEACH - CITY OF l\fiAMI BEACH CERTIFICATION OF CONTRACT TITLE: For Concrete Curbing/Sidewalk Construction, Purchase of Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots CONTRACT NO.: -15-11112 EFFECTIVE DATE(S): This Contract shall remain in effect for two (2) years from date of Contract execution by the Mayor and City Clerk and may be renewed, at the sole discretion of the City, through its City Manager, for two (2) additional one (1) year term. SUPERSEDES: ITB No. 30-08/09 CONTRACTOR(S): H & R Paving, Inc. (Group III and IV) ESTIMATED ANNUAL CONTRACT AMOUNT: N/A A. AUTHORITY -Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida. on March 21,2012. for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT -This Contract is entered into to provide for concrete curbing/sidewalk construction, purchase of asphaltic concretelrelated materials, and striping of city streets and parking lots pursuant to City Invitation to Bid No. 15-11/12 and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the ·Contract Documents"). C. ORDERING INSTRUCTIONS -All blanket purchase orders shall be issued in accordance with the City of Miami Beach Procurement Division policies and procedures, at the prices indicated. exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 15-11/12. D. CONTRACTOR PERFORMANCE -City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to Fred Beckman, City of Miami Beach, Public Works Director at 305-673-7000 ext. 6012. E. INSURANCE CERTIFICATE(S) -The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F~ ASSIGNrv1EN-T Al~~-D PERFGRMANGE-··· Neitf~er-this,,-Gontract--nGr -aRy---interest .. ,hereip,· shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the prior written consent of the City. 1 Certification of Contract Contractor warrants and represents that all persons providing/performing any supplies, work, and/or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide/perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide/perform the supplies, work, and/or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and lor work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS -Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training SpeCialiSt. H. 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 I!ubmit 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 Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR -Contractor is an independent contractor under this Contract. SuppfJes, work, and/or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and/or 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. J. THIRD PARTY BENEFICIARIES -Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and/or the Contract Documents. 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 and/or the Contract Documents. 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 and/or the Contract Documents. 2 Certification of Contract K. NOTICES -Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City: Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach. Florida 33139 With copies to: City Clerk City Clerk Office 1700 Convention Center Drive Miami Beach. Florida 33139 For Contractor: Metro Express;t; Inc. 9442 N.W. 109 Street Medley. Florida 33178 Attn: Mathew Wilkin. President Phone: 305-885-1330 Fax: 305-885-1327 E-mail: deIio@metroexpresscorp.com L. MATERIALITY AND WAIVER OF BREACH -City and Contractor agree that each requirement, duty, and obligation set forth in the 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 the Contract Documents 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. M. SEVERANCE -In the event a portion of this Contract and/or the Contract Documents 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 -tAis"·GentFaet---6asea--l;IpeF'rtRis-prev}sieFl-sl=lall-be-fnade·"witt-tin-seven. (7) days after the finding by the court becomes final. 3 Certification of Contract N. APPLICABLE LAW AND VENUE -This Contract and/or the Contract Documents 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 Contract and/or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS -No modification, amendment, or alteration in the teons or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar foonality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; Oi) the ITB; and lor (iii) Contractor's bid in response thereto, the more stringent prOVision (as enforced by the City) shall prevail. 4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this 31 day of M/¥! . 20--.1],. by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH Date ATTEST: C-v-cll... ~ l,q.. GOr-J zv4--z-- PnntName Date I Date APPROVED AS TO FORM & LANGUAGE & Ft'll'l EXECUTION F:IPURC\$All.\THE01ITBIITB 15-11-12 -Asphalt & SlripinglConltacIsIH R Pavlng.dl~""""'7'-"" ~ 4~t:;.~-: S ~3 12.. ,A} Oat 5 INVITATION TO BID (ITB) No.1S-11112 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: An Original, five (5) copies, and CD copy of the Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids must be submitted on the attached Bid Form and all blanks filled in. All bids are subject to the conditions specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid . Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile, electronic or e-mailed bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate f?ame and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the. corrected figure above ii. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not be . considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: If not submitting a bid, respond by retuming the enclosed bid form questionnaire, and explain the reason. . Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name from the bid mailing lisi. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govem. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 1.S TAXES: The Oity of Miami Beach is exempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 85-B012621639C-9. 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prjcesandextensions .. anda!Unstmctions.pe!'!aining.tosupplies and services. f'aill!rejo ........... '' .... _ ... . do 50 will be at the bidder's risk. BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 5 ~~--~-------~-------~ -.~ .. '--. -~~~~ -~ ~---~ ---~------.--- 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.8 UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and fumished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to waive irregularHies or technicalHies in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, Florida. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those specified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in qualHy, design and construction with all published claims of the manufacturer. Brand Names: Catalog nurribers, manufacturers' and brand· names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product IimHatioh of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that prOduct(s) offered conform wHh or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer'S name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifiCations as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate ~ detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA. Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the specifications as listed on the attached form. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance wHh speCifications. Items delivered not conforming to speCifications may be rejected and retumed at vendor'S expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: 1.12 o Vendor's name being removed from the vendor list. o All departments being advised not to do business with vendor. SAMPLES: Samples of items, when required, must be fumished free of expense and, if not destroyed, will, upon request, be returned at the bidder'S expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name .. Failure of bidder to either deliver required samples or to ~~ ~_.~_._~~_~.~ __ ~ ~-~--------~. clearlylrJenHfy -samples--may be~re8s(infor-rejedloii~of ih-e--6Tcf.Unjess-oiherWise-- indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, Florida, 33139. BID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 6 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make defivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, Florida, 33139. E-mail theocarrasco@miamibeachfl.gov with a copy to guslopez@miamibeacfl.gov. 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be retumed, unopened. 1.16 INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at' destination unless otherwise provided. TItle tolor risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.17 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected; and found to comply with award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the items to be fumished hereunder, the decision of the City shall be final and binding on both parties. 1.19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinanCes, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.20 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid..prices shall include all royalties or cost arising from the use of.such design, device, or·materials in any way involved in the work . 1.21 . OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida shaILconform--in .. aILrespects .. to.,.llie _ standards . ..setlorth-in.-the. _OccupatiorlaLSafe~!_-Bnd __ _ Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be bome solely by the bidder responsible for same. BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 7 -, 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 ANTI.DISCRIMINATION: The bidder certifies that he/she is in compliance with the non- discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal.employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.24 AMERICAN WITH DISABILITIES ACT: To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604.2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 1.25 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, ofthe best quality, and highest grade workmanship. 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materials or perform work or services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami-Dade County and City of Miami Beach municipal code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss lethe City occasioned by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 CERTIFICATES OF INSURANCE: After acceptance of bid, the City will notify the successful bidder to submit a certificate of insurance in the amount specified in Section 1.58. 1.28 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the citY thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.29 CANCELLATION: In the event any of the provisions of"this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party . . _ ._._._ .. __ ._~1.aO._ ... afLUNG JN$T.~UCnOl\ls: .. IOIlOices, ._unless. otherwise _ indicated ,_ r)Ju.st>;tJow.purcbase __ .. __ ...__ _ .'_. order numbers and shall be submitted to the ordering Department, with a copy to the Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 8 1.31 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 a.m. to 5:00 p.m. 1.32 SUBSTITUTIONS: The City of Miami Beach WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.33 FACILITIES: The City Commission reserves. the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.35 PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resuHing protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002· 3344 shall be barred. . 1.36 CLARIFICATION AND ADDENDA TO E!ID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. . Any interpretation of the Bid, if made, will'be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The ;City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal . Addendum if substantial changes which impact the technical submission of Bids are' required. A copy of such Addendum shall be sent by BidNet via e-mail or facsimile to each Bidder receiving the Solicitation that is a subscriber to Bidnet. Bidders who are not subscribers are responsible for ensuring that they have received all addenda. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govern over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non- responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.36 DEMONSTRATION OF COMPETENCY: • Pre-award inspection of the Bidder's facility may be made prior to the award of ccmtract.----Bids---wiU .. Qnly.-be--cc;msider-ee·-.frQm--firms-\,'vhk.h-are regI,;J!aFJy--en§C3.sed -in---------_._-_ .. -,,---- the business of providing the goods and/or services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 9 1.38 organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. • The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. • The City may require Bidders to show proof that they haife been deSignated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive~ • The City may, during the period that the Contract between the City and the successful Bidder is in force, review the successful Bidder'S record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period in order to comply with this demonstration of competency section. DETERMINATION OF AWARD: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: • 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. • The previous and existing compliance by the bidder with laws and ordinances -:. relating to the Contract. - 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior ----------------------.-----Wrffieri'consenfofifie-Cily oITviiamiBeach:---------------------------------------------------- BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 10 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract,provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities or services certified by the Division to the other state agencies at the agencies option. 1.42 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specificaUy listed in this bid from the awarded vendor. However, items that are to be a Spot Market Purchased may be purchased by other methods, i.e. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION: This bid solicitation shall not be awarded to any person or firm who, is in arrears to the City upon any debt, taxes or contracts which are defauHed as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES: The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES: Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of 1his bid solicitation. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 COLLUSION: Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management 'of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.47 DISPUTES: In the event of a conflict between the documents, the order of priority of the documents shall be as follows: '. Any agreement resulting from the award of this Bid (if applicable); then ~ Addencia-reieasea for tn-is Bid, \·viththe-iatest-Adden-cum-taking'precedence; then--- • The Bid; then • Awardee's Bid. BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 11 , 1.48 REASONABLE ACCOMMODATION: In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Public Works Department at (305) 673-7080. 1.49 GRATUITIES: Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. 1.50 SIGNED BID CONSIDERED AN OFFER: The signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of default on the part of successful bidder or contractor, after such acceptance, the City may procure the Items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. 1.51 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.067, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certification form will be required at the time of Bid submission. 1.52 . PUBLIC ENTITY CRIMES (PEe): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submita bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perforln work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 267.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.53 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.54 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14 days. 1.55 CONE OF SILENCE: This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all wrflten communicalion(s) regarding this bid must.be filed with the city clerk. 1.56 TERMINATION FOR DEFAULT: If through any cause within the reasonable control of the successfUl bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall --.----.----.. ---,----.--tf:lereblPGR--·Aave-the-r~9'ht-tG-ter:rr-rip,ate·..tRe·-ser-vises--tI=tBn..-remaiAip.s--tG-be-pericr:med-by-- giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 12 1 ••. _--. __ •••. _--, ••• _ •• ___ .•.. _ .. _, ... _. __ . ..... _-----_. ---- In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the bidder, .and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.57 TERMINATION FOR CONVENIENCE OF CITY: The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice 10 successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that evenl, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section. 1.58 INSURANCE AND INDEMNIFICATION: The Contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B::VI or better per Best's Key Rating Guide, latest edition. ' .original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk ---. , ... ,"----,--" .... ------... ---... --. -Manager--befQre-\.ftJQrk .. is,-star-ted .. -The-cer-tjfiGate-mbfst-state··Sid--Number...ap.d Xit!s.---WPQf.l_ . -_'.-.. _-._ --_._-.. _--... expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH· 13 It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1 ,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1,000,000.00 for each occurrence per the insurance requirement under the speCifications including costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals ariSing out of any such claims or suits because of any and all acts of omission or. commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sale and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. . The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless . Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts .and omissions of persons directly employed by him. ' Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current ._ ... ,' __ ., ____ " ___ . _____ .. __ . _______ ins!.!!:ance __ within __ sevep.~day.s_.Qf_receipLof -wr:ittef-! ,.Qotice· at -ap.y--tlrne"dur-ir:lg.--tl:le.,co!ltr.act--~ --------------,_ .. term, the City shall have the right to consider the contract breached and justifying the termination thereof. BID NO: 16-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 14 If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability ariSing out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. 1.59 MODIFICATIONIWITHDRAWALS OF BIDS: A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will not be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will not be considered. 1.60 EXCEPTIONS TO BID: Bidders are strongly encouraged to thoroughly review the quarlfication requirements set forth in this ITB, specifically the minimum specifications found on page 21, identified by the words "musf', "shall", and "will". Bidders who fail to satisfy the requirements set forth, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this ITB and you are proposing altematives to said requirements, you must notify the Procurement Office in writing at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via addendum prior to the deadline for receipt of bids. BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 15 INVITATION TO BID (ITB) No. 15·11112 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for concrete curbing sidewalk construction, purchase of asphaltic concrete/related materials, and striping of city streets and parking lots, as specified herein. 2.2 TERM OF CONTRACT: This contract shall remain in effect for two (2) years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional two (2), one (1) year periods, on a year·ta-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. . In the event that the contract is held over beyond the term herein provided it shall only be from a month·to·month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. 2.3 METHOD OF AWARD: Award of this contract may be made to the primary and secondary lowest and best bidders, as defined in General Conditions 1.38, whOse bid will be most advantageous to the City of Miami Beach. Should the primary vendor fail to comply with the Terms and Conditions of this Contract, the City reserves the right to award to the secondary vendor, if it is deemed to be in the best interest of the City. 2.4 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and firm during the two (2) year term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. 2.4.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional two (2), one (1) year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI·U (all urban areas) computed 60 days prior to the anniversary date of the contract-, , It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's request for adjustment should be submitted 60 days ----.-----~---~----' ... --pRer-.fe--expir-atkm-af-the-theR-6!;!Fr-Sr:t-G6Rtraet-tsr-ffi; .-, .. _., .... _-",. -------------.--------,---~------.-.~-. The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume that BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 16 the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 2.5 COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the eJdentof same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the work. 2.6 PERCENTAGE ABOVE VENDOR COST: Bids for materials required for additional work not included in the scope of services herein shall be submitted at a percentage above vendor wholesale cost. Evidence of said costs shall be submitted upon request, and attached to the invoice. Proof of costs shall be printed, properly identified, and dated as to issuance of effectiveness. 2.7 HOURLY RATE: The hourly rate quotecj is for additional work not specified herein and shall include full compensation for labor, equipment use, travel time, and any other direct cost associated for'providing the additional work, to the bidder. Hourly labor rates are specified as follows: • Hourly Labor Rate I -Hourly rate for straight time, i.e. from 8 a.m. to 5 p.m. Monday -Friday (rate is to include labor and travel). • 'Hourly Labor Rate 11-Hourly rate for overtime, i.e. before 8 a.m. or after 5 p.m., orbn weekends or holidays (rate to include labor and travel). 2.8 LIQUIDATED DAMAGES: Failure to complete work orders within the specified time may result in the successful Bidder being assessed the additional cost incurred by the City (liquidated damages) for any and all costs associated with the service. performed by a secondary vendor. 2.9 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM): 2.10 Each bid must be accompanied by a minimum of five (5) references of clients or government organizations for which the Bidder is currently furnishing or has furnished similar services. Three (3) of those references must be for contracts for concrete curbing sidewalk construction in the amount of'$100,000 or higher each. Reference shall include the name of the company, a contact person and the telephone number. Should bidder fail to provide this information with their, bidder shall provide within five (5) calendar days upon request from the Procurement Division. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. BIDDER QUALIFICATIONS: I n order forbids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a permanent place of business; has technical knowledge and practical experience in the type of work specified in the Scope of Work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; __ ... ____. __ ... __ __ . __ and_h.aJ> p.covided_ Joe Work.JoatarialJ>._aod _SJ'l.rJl.Lc.as .. as. df;!~,-c.(i.b_e_d_ . .i.tJ. .. Jbas9_.b.lc:L .. ___ . __ .. __ _ specifications. The evidence will consist of listing of work that has been provided to public and private sector clients, i.e. nature of WORK within at a minimum, the last three (3) years. BID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 17 2.11 2.12 2.13 2.14 2.15 2.16 2.17 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on the Bid Form and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid to be considered non-responsive. COMPLETE liIIFORMA TION REQUIRED ON BID FORM: An Original, five (5) copies, and CD copy of the Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids must be submitted on the attached Bid Form and all blanks filled in. All required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner .in all situations. The successful bidder's employees must work as a cooperative team of well-trained profeSSionals, and must serve the public with dignity and respect. All business transactions with the City will be conducted with honesty, integrity, and dedication. WARRANTY: The successful bidder will be required to warranty all work performed. Warranty shall be provided in detail, upon request. . PAST PERFORMANCE: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 63 and 64, and request that your client submit the completed survey to Theo Carrasco, Procurement Coordinator at (Fax) 786- 394-4624; or e-mail theocarrasco@miamibeachfl.gov.· Please understand that we will .. not acceRt Client Surveys being sent to our office from the office of the proposer, Syrveys must be sent to Procurement from your client's officers). Consultants are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these speCifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is in no walf intended to ·prohibit the bidding of other manufacturer's items of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete --,.-,.--"-----,.---------... fa*I!';'··in:fQrmat~~m··$h~e~·{$~ecfficatiQns~--brQ~hu;"~retG~l-a.Rd--test-resuJ~-o~··~,mit_--·--·-·--------· -- bid as equal. BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 18 INVITATION TO BID (ITB) No. 15-11112 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETEIRELA TED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 3.0 MINIMUM SPECIFICATIONS: GROUP 1 CONCRETE CURBING/SIDEWALK CONSTRUCTION The applicable portions of the Dade County PubliC Works Manual and the Standard Specifications for Road and Bridge Construction of the Florida Department of Transportation. Edition of 1991, and its supplements, as amended, are a part of this Contract and shall be further supplemented and amended by the General Specifications and Special Provisions contained herein. Wheelchair curb. ramps shall be constructe!! to be in full compliance with all Americans with Disabilities Act Accessibility Guidelines standards and Florida Accessibility Code standards, as well as any other required and relevant standards. 3.1 TECHNICAL SPECIFICATION The Contractor shall provide all supervision, labor, materials (including forming) and equipment required to complete the work, at a site or sites designated by the City. 3.1.1. Removal and replacement of existing curb and gutter and or sideWalks. These items include removal of existing concrete and disposal of materials to legal sites. provided' by the Contractor. 3.1~2. Concrete Sidewalk (4" thick). 3.1.3. Concrete Sidewalk or Driveway (6" thick): with WWF 6" x 6" x 10 10G. 3.1A. Construction of pedestrian ramps shall be in accordance with the City of Miami Beach Detail, Pedestrian Ramps in Public Right-of-Way. It shall include the cost of removal of existing sidewalk and the preparation of the base as described herein. 3.1.5. EXTRA STRENGTH CONCRETE (4,000 psi): All concrete items shall be constructed using Class I concrete having a minimum 28 day compressive strength of 3,000 psi, unless 4,000 psi concrete is specified in Work Order. This item has been established to compensate the Contractor for the difference in cost of utilizing this higher strength concrete. _ When 4,000 psi concrete is specified. the Contractor shall be paid the Contract . > unit price bid for sidewalk or curb and gutter, as appropriate, and shall also' be paid the contract unit price bid for 4,000 psi concrete. The quantity to be paid for shall be the actual volume, in cubic yards, of 4,000 psi concrete in place and accepted. 3.1.6. COLORED CONCRETE SIDEWALKS AND RAMPS: All concrete used in the replacement or construction of sidewalks and pedestrian ramps shall be of Color Concrete mix as speCified below unless directed otherwise by the Street BID NO: 15-11/12 DATE: February·S, 2012 CITYOF MIAMI BEACH 19 -.---.--~-.~. -~ --------.--_. __ .. _-----.----.-.-----.~-------------- Superintendent or City Engineer. Where quantities of concrete to be used in one pour is equal to or more than three cubic yards, an integral colored concrete mix shall be used. The dust-on/dry-shake coloring shall be allowed only when the total concrete quantITy in one work order is less than three cubic yards or if directed by the City Engineer or his representative: . Integral Color Concrete Mix Design: Design mix to provide normal weight, regular or air-entrained pump mix concrete with a minimum of 470 Ibs. of Portland cement to achieve 3000 psi or more 2B day compressive strength. Mix one unit of Lambco Color pigment in "Miami Beach Red" color, packaged in one yard increments in dispersible "Clean Color" packaging as manufactured by Lambert Corporation; Orlando, Florida, B00-432-4746 Dr L. M. Scofield Co., Sunrise, Florida, BOO-BOO-9900. 3.1.7. Restoration and dressing cit all replaced surface shall be accomplished by removal of all forms of broken concrete, rock and other debris and backfilling all abutting areas to the new concrete with proper soil and sod. -3.1.8. All areas of removal are to be done in a careful manner so as not to cause damage to abutting concrete surface. Saw cutting may be needed to prevent additional damage. Contractor has to protect monuments, survey pipes metal castings, etc. encountered in the replacement or new work area, and shall make any necessary adjustments of these items so as to conform to the finish grade of his work. Contractor shall be responsible for restoring sidewalk anchors, flags, etc., which may be encountered, such as hurricane shutter fasteners in commercial areas. 3.1.9. Contractor shall be responsible for protecting, in a satisfactory manner to the Street Superintendent, any roof drainage pipe encountered in the area of removal and replacement. Cold joint or a solid plate wiil be required every 40 L.F. to 60 L.F. of the work. Expansion material may be called for as directed by the Engineer, to be placed at abutting Special Conditions. All areas removed by the Contractor are to be replaced and stored within two days of removal and shall be properly barricaded by the Contractor in the interim lime. PAVEMENT RESTORATION ABUTTING RESTORED AREAS: Asphalt will be saw cut as directed by the Street Superintendent or authorized representative. All cuts will be parallel to the curb line. Areas void of lime rock will be filled with Iimerock and compacted to required density as directed by the Superintendent. A minimum 2" hot mix asphalt (S-3 asphalt) to be used to complete restoration and will be compacted by use of roller or vibratory plate. Finished surface to be free of ridges or valleys and imperfections that may -cause the surface to hold - water or create a tripping hazard. All work is to be inspected and accepted by -' the Street Superintendent or his representative prior to payment. Upon receipt of a Work Order, the Contractor shall commence work upon the _._ .. ____________ . ___________ ._ .site.(s l_within seveo_ (1).cal.eudaLd.ay.s,._and_co_o!ioue.s_u_cb_wmk.iOLan_exp_editio.us _____ . ______ ~ __ manner to a conclusion acceptable to the Engineer. Upon receipt of a Work Order, the Contractor shall commence work upon the BID NO: 1.5-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 20 site(s) within seven (7) calendar days, and continue such work in an expeditious manner to a conclusion acceptable to the Engineer. 3.2 CONTROL OF THE WORK , 3.2,1. INSPECTORS: Inspectors employed by the City shall be authorized to inspect all work done and materials fumished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to report to the engineer as to the progress of the Work and the manner in which tt is being performed; also to report whenever it appears that the materials furnished and work performed by the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any such failure or other infringements. Such inspection. however, shall not relieve the Contractor from any obligation to perform all the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or· suspend the Work until the question at issue' can be referred to and decided by the engineer. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of 1he Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as bindirig the engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the City for each section of the Work under Contract; but if, on account of any apparent disregard of these Specifications, additional Inspectors shall be required, they will be employed by the City at the rate of $150.00 per diem each, and the cost of same charged to the Contractor and deducted from the final payment. 3.2.2. INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed and materials used are in accordance with the requirements and intent of the SpeCifications and Contract. If the engineer requests it, the Contractor shall at any time before final acceptance of the Work remove or uncover such portions of the finished Work as may be directed. -After examination the Contractor shall restore said portions of tlie Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering or _~. __________ .. _____ ,r.eJ!'!Ol'-!p.Qr-.. 8nd--tfJ.e_-f.ep!acinfl __ oL!be ___ .co.vering .. __ of_ -rnakif:!-9---QOOo--.of ... the--palt-s---.. -------. removed, shall be paid for as "Extra Work," but should 1he work so exposed or examined prove unacceptable, 1he uncovering or removing and the replacing of the covering or making good of the parts removed, shall be at the Contractor's BID NO: 16·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 21 expense. No work shall be done nor materials used without suitable supervision or inspection by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. 3.2.3. FAILURE TO REMOVE AND RENEW DEFECTIVE MATERIALS AND WORK: Should the Contractor fail or refuse to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the reqUirements of these Specifications within the time indicated in writing, the engineer shall have the authority to cause the unacceptable or defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor or may be charged against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the City, at its option, may purchase materials, tools; and equipment and employ labor or may contract with any other individual, firm, or corporation to perfonn the Work. All costs and expenses incurred thereby shall be charg!ld against the defaulting Qontractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against ttle "Contract Bond" deposited. Any work performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by him. 3;2.4. FINAL INSPECTION: Whenever the Work provided and contemplated by the Contractor shall have been satisfactorily comp/eted and the final cleaning up perfonned, the engineer shall within ten (10) days, unless otherwise provided, make the final inspection. '3.3 CONTROL OF MATERIAL 3:3.1. SOURCE OF SUPPLY AND QUALITY OF MATERIALS: At the option of the engineer the source of supply for each of the materials shall be approved by the engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer for examination and tested in accordance with the methods referred to under Samples and Tests, Paragraph B, below. Only materials conforming to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any sources' proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. No material which after approval· has in any way become unfit for use shall be used in the Work. 3.3.2. SAMPLES AND TESTS: For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 22 Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge. Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Work. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. CUrrent Standards or Tentative Standards, as the case may be, insofar as these are applicable-unless specifically stated otherwise. 3.3.3. STORAGE OF MATERIALS: Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly stored may be rejected without testing. . . 3.3.4. DEFECTIVE MATERIALS: All rnaterials not conforming to the requirements of these SpeCifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made· under the provisions of this· article, the Engineer shall have authOrity to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. 3.4 LEGAL RELATIONS AND RESPONSIBIL TY TO THE PUBLIC 3.4.1. PERMITS, LICENSES, & OCCUPATIONAL LICENSES: The Contractor shall procure all permits and licenses as required. There will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and. lawful prosecution of the Work. 3.4.2. RIGHT OF WAY: In cases where the Work is done on private property the City guarantees the Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such rigbt-of-way is denied the City._ -- The Contractor shall have no claims for damage due to delay by the City in furnishing necessary right-of-way, but should any such delay occur. the Contractor shall be entitled to such extension of time for the completion of his _____ . COl1t~.c;t.f\~ m~y_b.f.,-d.e!f'JIJJLn.e[t.l:>.)Lthe_Ci!y tn~b.e.J:eE!sa!Ja!:>!e.___________ _ ... __ . _______________ _ In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and paYT)lent for such BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 23 ~ .. ~---------------------------------------- repairs will be made as provided under "Extra Work_" Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 3.4.3. RESTORATION OF SURFACES OPENED BY PERMIT: Any individual, firm, or corporation wishing to make an opening in the street must secure a permit from, and will be required to deposit security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized permit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the Work. The Contractor is to exercise such supervision thereof as will protect him against defects in the finished Work. -- In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 3.4.4. SANITARY 'PROVISIONS: Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements and regulations of State and County Boards of Health. _ He shall commit no public nuisance. 3.4.5. PUBLIC CONVENIENCE AND SAFETY: Contractor shall conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the Work in a manner satisfactory to the _ Engineer. Materials and equipment stored upon the Work shall be placed so as to cause as little obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided. 3.4.6. CLOSING STREETS: Streets shall not be closed except when and where directed by the Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the Contractor shall provide and maintain a passable driveway as directed by the Engineer. Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall immediately be notified by telephone or otherwise upon , ______ t~Elc:lo.sl"-g_!;IndLorQ!J.eBirlggtElach_~!Le~or ~ctiofl theL~oL _ ______ _______ ___________ . 3.4.7. BARRICADES, WARNINGS, AND DETOUR SIGNS: The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger warnings, BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 24 and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, rainngs, fences, and/or other protection about the Work; provide all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and safety. Streets closed to traffic shall be protected by effective barricades on wh ich shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its or their entire length. 3.4.8. FIRE HYDRANTS, GUTTERS, ETC.: Fire hydrants on or adjacent to the Work' shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted. 3.4.9. USE OF EXPLOSIVES: Unless otherwise expressly stipulated herein, the use of explosives is not contemplated in the prosecution ofthis Contract, and in no case will their use be permitted without the written permission of the City Engineer and a permit issued by the Chief of the Fire Department. Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen. 3.4.10. PRESERVATION OF PROPERTY: The Contractor shall preserve from danger all property along the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, . monuments, pipe, underground structures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original conditio.n by the Contractor and at his own expense. The Contractor sball give due notice to all!' department or public service corporation controllirlg manholes, valve jackets. meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work . . . In .. ~!iC::Q ca~~.Q.f.f<ll!W'lLQnJb~_!lllJ:LQfJbl,-CQl]t[ar.1"-J:Jp.L~~1nr.~.f!.0¥$t!.cb.propeli¥, __ ._ ~-.--.-" or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 25 monies due or which may become due the Contractor under this Contract. Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents. 3.4.11. RESPONSIBILITY FOR DAMAGE, ETC.: The Contractor shall indemnify and save harmless the City, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on account of any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent, trademark, or cQPyright, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shall have been settled and suitable evidence to that effect fumished to the Engineer. The Contractor guarantees the payment of all just claims for materials, supplies, tools, labor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released. 3.4.12. CONTRACTOR RESPONSIBILITY FOR WORK: Until acceptance of the Work by the City it shall be under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause whatsoever arising from the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 3.4.13. OPENING OF SECTION OF WORK FOR SERVICE: Whenever, in the opinion of the Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and such opening shall not be held to be in any wayan acceptance of the work or any part of it or as a waiver of any provisions of these Specifications and Contract. Necessary repairs or renewals made on any section of the Work due to its being opened for use under instructions from the Engineer, to defective materials or work, or to' natural causes other than ordinary wear and tear, pending completion and acceptance of ______ ~ _______ ~ _____ jhe"Wor:r"'-shaILbe-pe!fu::med-at.-t1'=le--e~P&:::s€-of-t!:":€-GG::'I-traGtcr-.--, .. ---------·---.,------~----, 3.4.14. NO WAIVER OF LEGAL RIGHTS: The City reserves the right, should an error be discovered in the partial or final estimates, or should conclusive proofs of BID NO: 15-11/12 DATE: February 6,,2012 CITYOF MIAMI BEACH 26 defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law such sums as may be sufficient to correct the error or make good the defects in the work and materials. 3.4.15. LIABILITIES AND DUTIES OF CONTRACTOR NOT LIMITED: The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract. 3.5 PROSECUTON AND PROGRESS 3.5.1. SUBLETTING OR ASSIGNING CONTRACTS: The Contractor will not be permitted to sublet, assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein to any individual, firm, or corporation without the written consent of the City. In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Col]tracts or transfer of Contract shall in any case release the Contractor of his liability under this Contract and Bond. 3.5.2. PROGRESS OF WORK: It is understood and agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate force of labor and equipment to prosecute the Work at as many different points as may be deemed necessary by the Engineer so as to insure the completion of the same within the time limit for completion -as set forth in the attached Proposal or Contract, except that where the Contractor has more than one uncompleted Contract with the City, he is not to commence another Contract nor place materials on the streets thereof without the consent of the Engineer. . 3.5.3. LIMITATIONS OF OPERATIONS: The work is to be confined, at anyone time, to an area not to exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may be barricaded to entirely exclude traffic, but not over half; nor will two consecutive street intersections be allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffiC is not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such structures do not interfere with the reasonable use of the streets or sidawalks. The size, location,..and construction of these must be subject to the approltal of the Engineer. ' The Contractor hereby agrees to arrange his work and dispose his materials so _ as not to interfere with the operations of other contractors engaged upon _am~9_l;!IJL]llfQIIs. and j~Uoio. .. .h~_ work JQ.Jb.aL<>LQ\bftIlL in_"_flrop_!'!Lman!l€'Un __ _ accordance with the spirit of the Plans and SpeCifications, and to perform his work in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer. BID NO; 15-11112 DATE; February 6, 2012 CITYOF MIAMI BEACH 27 -----i I I 1 __________________ ----------- Each Contractor shall be held responsible for any damage done by him or his agents to the work performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. 3.5.4. CHARACTER OF WORKMEN AND EQUIPMENT: The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall determine that any person employed by the Contractor is, in his opinion, incompetent, unfanhful, disorderly, or insubordinate such person shall, upon notice, be discharged from the Work and shall not again be employed on n except wnh written consent of the Engineer. All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special work or skilled work, or in any trade, shall have had sufficient experience in such work to properly and satisfactorily perform it and to operate the equipment involved, and shall make due and proper effort to execute the Work in the manner prescribed in these SpeCifications. Otherwise the Engineer may take action as above prescribed. Should the Contractor fail to remove such person or persons, or fail to fum ish suitable or sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment used on any portion of the Work shall be such that no injury to the roadway, adjacent property, or other highways will result from its use; and no item of machinery or equipment, after once being place on the Work, shall be removed without the consent of the Engineer. . 3.5.5. TEMPORARY SUSPENSION OF WORK: The Cny or Engineer shall have the authority to suspend the Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to .carry out orders given or perform any or all provisions of the Contract. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not suspend the Work and shall not remove any equipment, tools, lumber, or other _ materials without the written permission of the Engineer. No allowance of any kind will be made for such suspension of work except an equivalent extension oHime for completion of the Contract . . __ ----'30,-.5"'.""6._C;OMP'-'I.Il.J-!Oti.9£ ... kONL~M.;J TIME _FPlLC.QM!"LFIIQflI __ OE THE-WQIUc.: ______ _ Contractor shall perform fully, entirely, and in accordance with these SpeCifications the Work contracted for within specified time slated in the attached Proposal. In adjusting the contract time for the completion of the Work, the length BID NO: 15-11/12 DATE: February e, 2012 CITYOF MIAMI BEACH 28 -------------_. __ .. _._._-_. __ .-. __ .. __ .. -•.. _.-..... -_ .. _. ... . _ .... _--_._._ .. _. of time expressed in days, during which the prosecution of the Work has been delayed in consequence of any suspension of work ordered by the Engineer, or omission of the City and not by any fauft ofthe Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and whose determination shall be binding and conclusive upon both parties to the Contract. If the satisfactory execution and completion of the contract, shall require work or material in greater value than set forth in the contract, then the contract time shall be increased in the same ratio as the additional value bears to the original value contracted for. No allowance shall be made for delay or suspension of the prosecution of the work due to fault or negligence of the Contractor. No claim for damages shall be made or allowed on account of delay or postponement occasioned by the precedence of other contracts which may be either let or executed before the execution of the Contract, or on account of the streets or structures adjacent to the Work not being in the condition contemplated by the parties at the time of making the Contract, or on account of delay in the removal of obstructions; but if the Contractor shall be delayed in the performance . of his work by reason of the streets or structures adjacent to the Work not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the Work. or any part thereof being suspended on account of other contracts, or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable. 3.5.7. FAILURE TO COMPLETE THE WORK ON TIME: The Work to be done under this Contract is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time limit set forth iri the attached Proposal, and it is understood and agreed that the time limit for the completion of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or before the date specified it is agreed that for each calendar day that any work shall remain uncompleted, after the time specified in the attached Proposal, with any extension of time which may be allowed by the Engineer for the completion of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as liquidated damages and added expense for supervision on each Contract: The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his work or for its non-performance. _ Nothing in this clause shall be construed as limiting the right of the City to declare the Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and every one of the terms of this Contract as .set--fortt.l,".and---provided.-for--in-.the---Genera!-Pr-ovision$r--Specia!-P-rovjsjons,-and~--·~---~~· Specifications herein contained. 3,5.8. ANNULMENT OF CONTRACT: If the Contractor fails to begin the Work under BID NO: 15-11112 DATE: February 6,.2012 CITYOF MIAMI BEACH 29 Contract wtthin the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty eight (48) hours, or shall make an assignment for the benefrt of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and if the Contractor, within a period of ten (10) days after such notice shall not proceed in accordance therewith, then the City shall upon written certificate from the Engineer of the fact of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said . Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in tts opinion shall seem advisable for the completion of said Contract in an acceptable manner. All costs and charges incurred by the City, together with the costs of completing the Work under contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the City the amount of said excess. 3.5.9. TERMINATION OF CONTRACTOR'S RESPONSIBILITY: This Contract will be considered complete when all work has been completed, final inspection made, and the work accepted by the City as ·hereinafter provided. The Contractor will then be released from further obligation except as set forth in his bond. ·3.6 MEASUREMENT AND PAYMENT ACCEPTANCE AND FINAL PAYMENT: Whenever the improvement provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the engineer, after final inspection as provided herein, shall certify such fact to the City in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the City, a Final Estimate showing the value of the Work will be prepared by the engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to correction in the Final Estimate. The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate ~as been approved by the City, provided that the BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 30 Contractor has furnished to the City, a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this Contract. 3.7 SPECIAL PROVISIONS 3.7.1. PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take every precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shall be liable for . restoration of all property including City property . . 3.7.2. PERMITS: The Contractor shall procure all permHs and licenses as required; however, there will be no charge for the construction permits issued by the City of Miami Beach. 3.7.3. CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: In case of conflict between the requirements of Special Provisions and General Provisions, the requirements of the Special Provisions will prevail. 3.7.4. LIMITATIONS OF OPERATIONS: No work shall be accomplished on Saturdays and Sundays. No work shall take place between the hours of 6:00 p.m. and 7:00 a.m.; however, the contractor may take necessary precautions to protect work. already accomplished. For any work that the contractor finds necessary to provide during the above days and times, the contractor must obtain written authorization from the Public Works or Parldng Dept. Director, or designated Representative. BID NO: 15-11/12 'DATE: February 6, 2012 CITYOF MIAMI BEACH 31 , INVITATION TO BID (ITB) No. 15-11112 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETElRELA TED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 6.0 MINIMUM SPECIFICATIONS: GROUP 4 THE STRIPING OF CITY STREETS AND PARKING LOTS All striping must meet Miami-Dade County and Florida Department of Transportation specifications. Contractor must provide a copy of the current Miami-Dade County and Florida Department of Transportation striping specifications upon request from the City's Procurement Division. 6.1 SCOPE OF WORK 6.1.1. STRIPING DESCRIPTION 6.1.1.1. Thennoplastic, 4" Solid Yellow /White 6.1.1.2. Thennoplastic, 4" Skip Yellow /White 6.1.1.3~ Thennoplastic, 6" Solid Yellow /White 6.1.1.4. Thennoplastic, 6" Skip Yellow /White 6.1.1.5. Thennoplastic, 8" Solid Yellow !White 6.1.1;6. Thennoplastic, 12" Solid Yellow /White 6.1.1.7. Thennoplastic, 18' Solid Yellow /White 6.1.1.8. Thennoplastic, 24" Solid White 6.1.1.9. RPM's 6.1.1.10. Directional Arrows 6.1.1.11. Handicap Logo & Blue Stripe (parking space) 6.1.1.12. Temporary Striping 6.1.1.13. Removal of Existing ThennoStriping 6.1.2. Striping City Parking Lots: 6.1.2.1. Total Lots: 50 each. Average Lot Size: 1,425 LF 6.1.2.2. Colors: Yellow!White 6.1.2.3. The City will provide a Survey and Lay-out for each Lot. 6.1.2.4. Stop Bars 6.1.2.5. Arrows 6.1.2.6. Cross Hatching 6.1.2.7. Disable Logo 6.1.2.8. Re-install Existing Concrete Car Stops 6.1.2.9. Disable Cross Hatching BID NO: 16.11/12 DATE: February 6,2012 .. -----------~~ CITYOF MIAMI BEACH 39 . -, ,"r' : bwo decimals on the IM1t ~ the atywBI rouad die awn_tv tbe IIUtest hWJdredtll. this is two dmm.t plac:esto 'lIN! &RAND torAL BID AMOUNT Induda the lObIl mst tiDrtlleworlt5peClfted in thIs.bid, COIUi5tIna: offuntJshlu,r aUmatertaJs.lllbor. equipment. •• d ~ .... rM£e,. permits. lind thIIstD completethe wwIr tothefullinlent. shown or iIICtiaiIbd I. the 1be .... In ... adwe evaIraduq proaess wAI ...... 1ObIIofsblty (&0) paints ..... on the TOTAL BASE BID AMOUNT", none" eny~ or II .... based DIJ l'undInIavaIIaIJIIItr. Bidden; -.tfulyCOlllPfete .... 5c:h1du1e 01 Prkei BId Fann to 'I1Ie cost ofl." brn(s) ofwon: .otCDWWed"" a spedfk: a.ntntt unlt price shill be Indudeli In die ClIIIIbad: unl:prb towhlcb tile ."lHEOlY. GNS BOJH UNIT PRICE w_ """, $4'646,89Z.OI) ~our million six hundred forty six thousand eight hundred ninetv two dollars and zero cents, emnpuy: H '. R PaVing, Inc. ........ 1955 NW 11_ Ave, Miami, FL 33172 T_ 305-261-3005 ~Y£~ __ .... _ Raul Gonzalez PresIdent neaa&aryta cleflva-iIl'Jd Install on . . .!~ : . .:' -: -.', materlal, elluipment superYbian IiInd tTaruportZltfon n~rvto far the Oty of Miami Beach in aa:ordance with the Bid Sl)eCificatilJllS. DR DEIJVERED 1UlHE an ~ CorrtnN::tDr~ tofumlsb alf labor, matllrlal, equipment. Beach in aa:an:ilntZ! with the Bid I and Bridge Constnn:Iian, as needEld. aJlQpJetewidl TaI:k Ccat,.and Ilroperiv SIIW-CUt aUfle providecosts fortype I, II and III) I TypeSZam::l1'rpeS3 Contractorwill meet Dilde County Bnd Fiorida Deparbnent afTtansportatkm spedfk:adons: atthe fallowing I and tr.anspartation heOI5ArVto deliver related materfalsftlrthe Oty of Miami Beach In accortillfla! with the BId SpecilicatlDrtS . . aQ:afdanmwiththebidspedR " ",s. T . ~", - MIAMI HERALD I MiamiHerald.com -----'""----~----"'" ---~---- • MIAMI-DADE COUNTY BACK-TO-$CHOOL IMMUNIZATION The Florida Department of Health in Miami-Dade Country will be providing free back-to-school immuni- zations for children between the ages of2 months through 18 years old Children can be vaccinated at anyone of four different centers: the West Perrine Health Center, Little Haiti Health Center, North Miami Clinic or Downtown Clinic. For information on their locations and times of oper- ation. call the Florida Depart- ment of Health in Miami- Dade County's Immuniza- tion Program at 786-845-0550. • MIAMI-DADE LOVE THE GLADES SUMMER SYMPOSIUM 500 SW 177th Ave., Miami. For more inionnation, visit lovetheeverglades.org. • COCONUT GROVE YOGA SCHOOL OFFERS FREE THERAPY SESSIONS FOR THOSE WITH PARKINSON'S DISEASE ADM hOMe Shala, a yoga school in Coconut Grove, will hold free training for yoga teachers, yoga therapists and anyone interested in working with those diagnosed with Parkinson's disease and other neuromotor degenerative diseases. The next session will be held on Aug.16, at 3104 F10rida Ave. in Miami. The series is being funded by the National Parkinson FOWldation in hopes of pro- viding education for yoga therapists, while empower- ing and improving the quality of life for those with Parkin- NEIGHBORHOOD NEWS • CORAL GABLES GABLES MUSEUM TO HOST MONTHLY BIKE TOUR On Sunday, Aug. 16, the Coral Gables Museum will host its monthly bike tour. This month, the tour will be guided by Coral Gables Fi~ refighter and Public Informa- tion Officer David Perez. Cy· clists will start at the mu- seum, which once served as the City's rust rue station, then travel to Station 1 on Sal· zedo Street The bike tour starts at the Coral Gables Museum, locat· ed at 285 Aragon Ave., at 10 a.m. The tour costs $10 for adults. $5 for children and $S for museum members. The Museum presents bike tours the third Sunday of each month. Bikes can be rented across the street from the musuem at No BOWldaries Sports, 220 Aragon Ave. Rentals must be arranged in advance of the tOllI. To RSVP, call 305·603· S067. For more information, visit coralgablesmuseum.org. • CUTLER BAY CUTLER BAY OPEN GOLF TOURNAMENT SET FOR AUG, 29 Tbe seventh annual Cutler Bay Open Golf Tournament is teed up for Saturday, Aug. 29, at Palmetto Golf Course. The event at 9300 SW 152nd st. has an 8 am. check· in, a 9 am. shotgun start and a 1 p.m. IWlcheon with awards. A $65~per~person tourna~ ment fee includes: 18·hole four~man scramble, range balls, on·course beverages, awards and a post-tourna- ment luncheon with a cash bar. Foursome sign-ups in· dude a $5 diSCOWlt per play- er. Make checks payable to the town of Cutler Bay and SE SUNDAY, AUGUST 9, 201S I 33SE return to the Parks and Rec- reation department at 10100 SW 200th St., Cutler Bay, FL, 33JB9 . For more information, contact the department at 305-23S~4166 or visit cutlerbay-fLgov. • SWEETWATER WOMEN'S PARK TO CELEBRATE 'WOMEN'S EQUALITY DAY' On Saturday, Aug. 22, the Miami·Dade Parks, Recre· ation and Open Spaces De- partment will host the coun- ty's thlrd annual "Women's Equality Day" at The Wom~ en's Park on West Flagler Street and l02nd Avenue. The free event commem· orates the 95th anniversary of the 19th Amendment to the U.S. Constitution, which granted voting rights to U.S. women and continued ef- forts on behalf of equal rights. It is being sponsored by the Miami·Dade County Commission for Women and the League of Women Voters of Miami-Dade County. It will be held from 10:30 a.m. to 12:30 p.m. at 10251 W. Flagler St. Those who go will hear from Lynette Long, presi~ dent and founder of Equal Visibility Everywhere (EVE), a nonprofit organiza- tion dedicated to achieving gender parity in the symbols and icons of the United States, such as currency, stamps, statues, monu· ments, street names and na- tional holidays. Refreshments will be served. For more informa· tion and to RSVP, contact Laura Morilla at 305·375·4967 or at CFW@miamidade.gov. For directions, call Anne McCudden at 305-4S0-l7lZ The Love the Everglades Movement will have its sec- ond annual summer sympo- shunAug.22 and Aug. 29. The event will feature guest speakers, including South Miami Mayor Philip Stod- dard, as well as PechaKucha presentations, physical and digital art displays, work· shops and live entertainment son's disease. The program II iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii The free event will take place at the Miccosukee Re- sort & Convention Center, also aims to support care~ givers, engage the communi- ty and raise awareness of the efficacy of yoga therapy, ac· conting to the school's Curri- culum Director Melinda Atkins. For more information about the training and the free yoga therapy sessions, visit aumhomeshalaorg. i.!~ '<{~:l CITY OF SOUTH M.IAMI COURTESY NOTICE NOTICE IS HEREBY !;i= that lhe Clt~ Commission of tin: City of So"th )"liami. H,mo. ,,;11 conduct Public H""ri",,{.) ,t its '"l!ulor City Commission mO\.-tin~ >eh",julod fOT Tllo,do .. A".IIt! 1M.. 2U1S beginning III HIli p.m .• ill IIle Cit) Call"",,,i,,,, Cllllmi>ors. 6130 S"n'''t Drivo. to ",...,..1<,,. lhe r"n,,,,,.ing itc..,,(»; , A ResoILJtion authonang ,he City Mona!:", to "mot ml<>" riggybsckll.gr""l11"''' Iltmu!1h IheCity afMi",,,; Bc"clt wi~1 H "" R PA"ing, Inc. J;>rthc r"",b.,e ofAsplm!1ic ("on<I'ctd R~I_ M.teri.l, to bo r,cked-Up or Doliv<:red to ,b. City "nJ tho Slriping of City S"""" ;;," ..,<1 I'>l,kingLm .. II Re;o]"hon '"thlm"" th~ Cit)-~l",,"gc .. to mncnd the 38 .... '1...,,"'" witl! Onmicu, odding: !bo G"",icus Analog Se,., .. '0 "n,ble Goog!" C!""",,, \1mb brow .. r user. 10 ,i",. City mOO1in~' on the City~ o1roaming meJi" "",hi"" service. All OrdinOlIOC "m"ndin~ Ch.ptor ISB of 1110 C~y nf Sootll Mj"",i Code of Ofdlnlmeo, to add Sornon 158·7 and Pl""'idc JCf II", c,,,,,t,on and "I"=t,,,,, of" I'l<rk> Trus! funo. ALL interostod pon, .. ...., in'~,:>:J t<> ntMh! "nd will be b.."3N. For fmhor information. p""". cont:lct '1m Cit;' Clerk. Omce at: )05.{,(,J.(,34ll. M.ri, 1'1. .\1""",,"", eMe CllyOerk P.".,,,( '" florid. StatL,,", 2S6.01Q!i, tb. Cny h<",b~ ml.i, .. Ib< (",bl;o tb"t if.' P"""'" d.dd., to "I'P",lony ~""iSlnn modo bythj. Bo,m, A~"""y ~r ("""lnn .. ,on ""t~ ~t 10.II)' rn,ttcrc"",,lkr<d at ~, "...,ling '" hoaTing, he OT ,he "ill oreod • =orO of,4. prorecdings, and th:n fuI S\lch ('lllJlO>C. ,ffi.'Ctoti P''''"''' may ",,0<1 to <= Ih:rt,,~ "",on! ~rthe plt.,,,odiugs is "",do "'hklt ...... wr.i i"oludes ,he ,"';nl<l"l' ."d .'ilk"re Ul"'" which tho "PP".1 is 10 be ba",d. WHAT EDUCATION SHOULD BE! RIVIERA DAY SCHOOL 6800 Nervia Street, Coral Gables, FL 33146 I Tel. 305.666.1856 RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue, Miami, FL 33176 I Tel. 786.300.0300 www.rivieraschools.comIAccreditedbyAISF.SACS.MSA.Ai. NCPSA, NIPSA INVITATION FOR BIDS FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS BID # 15-11/12 BID OPI'NING: February 6, 2012AT 3:00 P.M. Theo Carrasco, Ph.D., CPPO, CPPB, Procurement Coordinator PROCUREMENT DIVISION 1700 Convention Center DrivEl, Miami Beach, FL 33139 . www.miamibeachfl.gov ----~,---~------"'----c-~ <9 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov PROCUREMENT DIVISION PUBLIC NOnCE Tel: 305-673·7000 ext. 6230, Fax: 786-394-4624 INVITATION TO BID NO. 15·11/12 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, & STRIPING OF CITY STREETS & PARKING LOTS Sealed bids will be received by the City of Miami Beach Procurement Director, 3rd Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p,m. on the 6th day of February, 2012, for: Purpose: The purpose of this bid' is -to establish a contract, by means of sealed bids, for concrete curbing sidewalk construction, the purchase of asphaltic concrete/related materials, and the striping of city streets and parking lots, as specified herein. This contract shall remain in effect for two (2) years from the date of contract execution qy the Mayor and City Clerk and two (2), one (1) year renewal options at the sole discretion of the City Manager. Scope of Work: The work speCified in this bid consists of fumishing all labor, machinery, tools, means of transportation" supplies, equipment, materials, services necessary for concrete/curbing and sidewalk construction, the purchase of asphaltic ,concrete/related materials, and the striping of City streets and parking lots, in accordance with the bid documents. Minimum Requirement$: Prospective Bidders must have a minimum of three (3) years experience in providing the work specified for the four (4) different groups noted in this ITB. Bidders shall provide references for a minimum of four ,(4) separate construction projects, per group, at a cost of one"hundred thousand dollars ($100,000) or more in construction work., For purposes of compliance with this minimum experience requirement, the term "Bidder" is hereby defined to mean either the business entity or the individual employed by the contractor ("Qualifier") which is submitting a bid pursuant to the ITB. Estimated Budget: The total estimated construction cost is $1 million. Bid Guaranty: A Bid Guaranty of 5% is required with bid submission, and the successful Bidder executing the Contract, will be required to furnish Performance and Payment Bonds, each in the amount of one hundred thousand ($100,000.00) dollars. Bidders will be required to submit a letter of intent,from an A rated Financial Class V Surety Company to bond the Project. At the time, date, and place above, bids will be publicly opened. Any bids received after time - , and date specified will be returned to the bidder unopened. The responsibility for submitting a ' bid before the stated time and date is solely and strictly the responsibility of the bidder. The City is not respOlisible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. ----------- A Pre-Bid Conference is scheduled for 10 a.m. on January 18, 2012, at the following address: City of Miami Beach, City Hall, 4th Floor, City Manager's Large Conference Room, 1700 Convention Center Drive, Miami Beach, Florida. BID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 2 Attendance (in person or via telephone) to this pre-bid submission meeting is strongly encouraged and recommended but is not mandatory. Bidders interested in participating in the pre-bid meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# (note that the number is followed by the pound (#) key). Bidders who are interested in participating via telephone, please send an e-mail to theocarrasco@miamibeachfl.gov expressing your intent to participate via telephone. Any questions or clarifications concerning this Invitation to Bid shall be submitted in writing by e-mail totheocarrasco@miamibeachfi.gov.mail to the Procurement Department, 1700 Convention Center Drive, Miami Beach, FL 33139, or via FAX: (786) 394-4624 no later than February 1, 2012, at 3 p.m. The Bid title/number shall be referenced on all correspondence. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. The City of Miami Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the City of Miami Beach, or waive 'any informality in any proposal or bid. The City of Miami Beach may reject any and all proposals or bids. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City of Miami Beach, or waive any informality in any proposal. The City of Miami Beach may also reject any and all proposals. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-7218 (TTY) 5 days in advance to initiate your request. TIY users may also call 711 (Florida Relay Service). YOU ARE HEREBY ADVISED THAT THIS REQUESTFOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE City OF MIAMI BEACH WEBSITE: http://web.miamibeachfi.gov/procurementlscroll.aspx?id=23510 • Cone of Silence -Ordinance No. 2002-3378 • Campaign Contributions by Vendors -Ordinance No. 2003-3389 • Code of Business Ethics -Resolution No. 2000-23879 • Debarment Proceedings -Ordinance No. 2000c3234 • Protest Procedures -Ordinance No. 2002-3344 • Lobbyist Registration & Disclosure of Fees -Ordinance No. 2002c3363 • False Claims -Ordinance No. 2003-3398 • Requirement for City Contractors to Provide Equal Benefits for Domestic Partners - Ordinance No. 2005-3494 • ~Local Preference for Miami Beach-Based Vendors -Ordinance No. 2011-3747 • . Preference for Florida Small Businesses Owned and Controlled by Veterans and to State Certified Service-Disabled Veteran Business Enterprises -Ordinance No. 2011-3748 Sincerely, ---------(i- Gus Lopez, CPPO Procurement Director BID NO; 15-11112 DATE; February 6, 2012 CITYOF MIAMI BEACH 3 _._~~_. __ . ______ . ____ . ___ . __ . _ . _. _____ ... 1-... __ .. __ ._ ce MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, wvitw.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7000 ext. 6230, Fax: 786.394.4624 INVITATION TO BID (ITB) No. 15-11112 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS NOTICE TO PROSPECTIVE BIDDERS NOBID If not submitting a bid at this time, please detach this sheet from the bid documents, complete the information requested, and return to the address listed above. . NO BID SUBMITTED FOR REASON(S) CHECKED ANDIOR INDICATED: We do service. ___ Our company does not handle this type ofproductlservice. ___ We cannot complete the work within the time specified and within the budgeted amount. ____ We cannot. ___ Our company is simply not interested in bidding at this time. ___ Not responding due to untimely payments on previous construction projects awarded. ----,,t---'--OTHER. (Please specify) _________________ _ ture bids for this type or product and/or Signature: Title: Company: , Note: Failure to respond, either by submitting a bid QI this completed form, may result in your company being removed from our vendors list. BID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 4 INVITATION TO BID (ITB) No.1S-11112 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETEIRELA TED MATERIALS, AND STRIPING 01= CITY STREETS AND PARKING LOTS 1.0 GENERAL CONDITIONS 1.1 SEALED BIDS: An Original, five (5) copies, and CD copy of the Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids must be submitted on the attached Bid Form and all blanks filled in. All bids are subject to the conditiohs specified hereon and on the attached Special Conditions, Specifications and Bid Form. The completed bid must be submitted in a sealed envelope clearly marked with the Bid . Title to the City of Miami Beach Procurement Division, 3rd floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Facsimile, electronic or e-mailed bids will not be accepted. 1.2 EXECUTION OF BID: Bid must contain a manual signature of an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate i?ame and it shall NOT be considered for award. All bids must be completed in pen and ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the bid. Any illegible entries, pencil bids or corrections not initialed will not be tabulated. The original bid conditions and specifications CANNOT be changed or altered in any way. Altered bids will not .be . considered. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. 1.3 NO BID: .If not submitting a bid, respond by returning the enclosed bid form questionnaire, and explain the reason. . Repeated failure to bid without sufficient justification shall be cause for removal of a supplier's name trom the bid mailing list. 1.4 PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in special conditions). Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 1.5 TAXES: The C1ty of Miami Beach is .€lXempt from all Federal Excise and State taxes. State Sales Tax and Use Certificate Number is 85-8012621639C-9. 1.6 MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid prjce.s .. _and .. extensions __ 6od .. a!!..instn.!.ctions .pertaining .. to ,.suppUes .. aod .services. Eailurejo ______________ ---_ .... _."._ .. do so will be at the bidder's risk. BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 5 ----_ .. ,-_.---_. -------------.----~-----------~-.---..• -'_._' .. -~----_ .. ------:- 1.7 CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be the latest new and current model offered (most current production· model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 1.B UNDERWRITERS' LABORATORIES: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to'waive irregularities or technicalHies in bids or to reject all bids or any part of any bid they deem necessary for the best interest of the City of Miami Beach, Florida. 1.10 EQUIVALENTS: If bidder offers makes of equipment or brands of supplies other than those speCified in the following, he must so indicate on his bid. Specific article(s) of equipment/supplies shall conform in qualiljl, design and construction with all published clafms of the manufacturer .. Brand Names: Catalog nunibers, manufacturers' and brand· names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally sUbstantiate and verify that product(s) offered conform wnh or exceed quality as listed in the specifications. Bidder shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifiCations as listed. Other than specified items offered requires complete descriptive technical literature marked to indicate ·detail(s) conformance with specifications and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS DATA Lacking any written indication of intent to quote an alternate brand or model number, the bid will be considered as a bid in complete compliance with the speciflcations as listed on the attached form. 1.11 NON-CONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compli,mce with specifications, Items delivered not conforming to specifications may be rejected and returned at ,vendor's expense. These items and items not delivered as per delivery date in bid and/or purchase order may be purchased on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in: 1.12 .• Vendor's name being removed from the vendor list. • All departments being advised not to do business with vendor. SAMPLES: Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense, Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with bidder's name, Failure of bidder to either deliver required samples or to -.-...... ,.-,--. Clearly idenHfy-sampjes'-maybe'reasclnfor rejectioii"ofihe -bid. "Uriless' otherWise'- indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, Florida, 33139. BID NO: 15·11112 DATE: February 6,2012 CITYDF MIAMI BEACH 6 -~-'---._-_._._ .. --.. _ .. _ ... _ .... -_._---..... ----. __ .... -.. 1.13 DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. 1.14 INTERPRETATIONS: Unless otherwise stated in the bid, any questions concerning conditions and specifications should be submitted in writing to the Procurement Director, 1700 Convention Center Drive, Miami Beach, Florida, 33139. E-mail theocarrasco@miamibeachfl.gov with a copy to guslopez@miamibeacfl.gov. 1.15 BID OPENING: Bids shall be opened and publicly read on the date, time and place specified on the Bid Form. All bids received after the date, time, and place shall be returned,· unopened. 1.16 INSPECTION,· ACCEPTANCE & TITLE: Inspection and acceptance will be at· destination unless otherwise provided. Title tolor risk of loss or damage to all items shall be the responsibility of the successful bidder until acceptance by the buyer unless loss or damage result from negligence by the buyer. If the materials or services supplied to the City are found to be defective or not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product at bidder's expense. 1.17 PAYMENT: Payment will be made by the City after the items awarded to a vendor have been received, inspected, and found to comply with award specifications, free of damage or defect and properly invoiced. 1.18 DISPUTES: In case of any doubt or difference of opinion as to the iterns to be furnished hereunder, the decision of the City shall be final and binding on both pa~ies. 1.19 LEGAL REQUIREMENTS: Federal, State, county and city laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 1.20 PATENTS & ROYALTIES: The bidder, without exception, shall indemnify and save harmless the City of Miami Beach, Florida and its employees from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the perfonnance of the contract, including its use by The City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bicLprices shall include all royalties or cost arising from the use of such design, device, orrtlaterials in any way involved in the work . 1.21 . OSHA: The bidder warrants that the product supplied to the City of Miami Beach, Florida sha!Lconfor.r.:n.jn.. a!Lrespects __ to--~the .. standards .. set-fortb.-!n-the--OccupationaLSafefy_..aniL_ _ ________ ------."" _____ .. Health Act of 1970, as amended, and the failure to comply with this condition will be considered as a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for sarne. BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 7 -----------,~----~-------------------------------- 1.22 SPECIAL CONDITIONS: Any and all Special Conditions that may vary from these General Conditions shall have precedence. 1.23 ANTI·DISCRIMINATION: The bidder certifies that he/she is in compliance with the non-' discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal ,employment opportunity for all persons without regard to race, color, religion, sex or national origin_ 1.24 AMERICAN WITH DISABILITIES ACT: To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604.2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 1.25 QUALITY: All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship_ 1.26 LIABILITY, INSURANCE, LICENSES AND PERMITS: Where bidders are required to enter or go onto City of Miami Beach property to deliver materialS or perform work oc services as a result of a bid award, the successful bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Miami·Dade County and City of Miami Beach municipal code requirements as well as the Florida Building Code. The bidder shall be liable for any damages or loss to the City occasion'ed by negligence of the bidder (or agent) or any person the bidder has designated in the completion of the contract as a result of his or her bid. 1.27 CERTIFICATES OF INSURANCE: After acceptance of bid, the City will notify the successful bidder to submit a certificate of insurance in the amount specified in Section 1.58. 1.28 DEFAULT: Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required equal to liquidated damages incurred by the City thereby, or where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the bidder's list. 1.29 CANCELLATION: In the event any of the provisions of this bid are violated by the contractor, the Procurement Director shall give written notice to the contractor stating the deficiencies and unless deficiencies are corrected within ten (10) days, recommendation will be made to the City Commission for immediate cancellation. The City Commission , of Miami Beach, Florida reserves the right to terminate any contract resulting from this invitation at any time and for any reason, upon giving thirty (30) d .. ys prior written notice to the other party. _ _____ ___ __ .. , __ t_3!L _ BILLING .INSTRUCTIONS:, Invoices, _unless_, othsrwise_Lodicated,_must __ show_pu[chase___________ _ _____ _, order numbers and shall be submitted to the ordering Department, with a copy to the Accounts Payables Department, 1700 Convention Center Drive, Miami Beach, Florida 33139. BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 8 • __ • ____ . ____ •.•• _____ • __ ..-J: ..•• _ ••• ___ . __ ..• _. __ •.••• 1.31 NOTE TO VENDORS DELIVERING TO THE CITY OF MIAMI BEACH: Receiving hours are Monday through Friday, excluding holidays, from 8:30 a.m. to 5:00 p.m. 1.32 SUBSTITUTIONS: The City of Miami Beach WILL NOT accept substitute shipments of any kind. Bidder(s) is expected to furnish the brand quoted in their bid once awarded. Any substitute shipments will be returned at the bidder's expense. 1.33 FACILITIES: The City Commission reserves the right to inspect the bidder's facilities at any time with prior notice. 1.34 BID TABULATIONS: Bidders desiring a copy of the bid tabulation may request same by enclosing a self-addressed stamped envelope with the bid. 1.35 PROTEST PROCEDURES: Bidders that are not selected may protest any recommendation for Contract award in accordance with City of Miami Beach Ordinance No. 2002-3344, which establishes procedures for resulting protested bids and proposed awards. Protest not timely pursuant to the requirements of Ordinance No. 2002· 3344 shall be barred. 1.36 CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitation is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Director at least ten (10) calendar days prior to scheduled Bid opening, a request for clarification. All such requests for clarification must be made in writing and the person submitting the request will be responsible for its timely delivery. . Any interpretation of the Bid, if made, will be made only by Addendum duly issued by the City of Miami Beach Procurement Director. The ;City shall issue an Informational Addendum if clarification or minimal changes are required. The City shall issue a Formal Addendum if substantial changes which impact the technical submission of Bids are' required. A copy of such Addendum shall be sent by BidNet via e-mail or facsimile to each Bidder receiving the Solicitation that is a subscriber to Bidnet. Bidders who are not subscribers are responsible for ensuring that they have received all addenda. In the event of conflict with the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall govem over prior addendum only to the extent specified. The Bidder shall be required to acknowledge receipt of the Formal Addendum by signing in the space provided on the Bid Proposal Form. Failure to acknowledge Addendum shall deem its Bid non- responsive; provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative. 1.36 DEMONSTRATION OF COMPETENCY: • Pre-award inspection of the Bidder's facility may be made prior to the award of cGntr.aGt ... -.. Bids---wi/!-.Qnly···l;le--CGflSider:ed·.fr-c;lm·-TIrms-vJh k;h-are -r.e9l,;~!a r-l-y-ensa§ed -in----··-·······--·· -------------. the business of providing the goods andlor services as described in this Bid. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and BID NO: 15-11/12 OATE: February 6, 2012 CITYOF MIAMI BEACH 9 organization to insure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the City of Miami Beach. • The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City in making the award in the best interest of the City. • The City may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier which is the actual source of supply. In these instances, the City may also require material information from the source .of supply regarding the quality, packaging, and characteristics of the products to be supplies to the City through the designated representative. Any confiicts between this material information provided by the source of supply and the information contained in the Bidder's Proposal may render the Bid non-responsive. • The City may, during the period that the Contract between the City and the' successful Bidder is in force, review the successful Bidde~s record of performance to insure that the Bidder is continuing to provide sufficient financial support, equipment and organization as prescribed in this Solicitation. Irrespective of the Bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the 5uccessfi.JI Bidder no longer possesses the financial support, equipment and organization which would have been necessary during the Bid evaluation period iri order to comply with this demonstration of competency section. 1.38 DETERMINATION OF AWARD: The City Commission shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition to price, there shall be considered the following: • 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. • The previous and existing compliance by the bidder with laws and ordinances --: relating to the Contract. 1.39 ASSIGNMENT: The contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior ---------------,-------wrltteri CanSenl "nne-City 6rrviiamlBeach:----_ .. ----------------------------- BID NO: 15-11112 DATE: February 6,2012 CITYOF MIAMI BEACH 10 1--' -.----.. -.--.----.------------.----------.-._-.. ---.----.. --...... ---.. -_.-.-._-.. -- 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws; ordinances, regulations and building code requirements applicable to the work contemplated herein. 1.41 OPTIONAL CONTRACT USAGE: As provided in Section 287.042 (17), Florida Statutes, other State agencies may purchase from the resulting contract, provided the Department of Management Services, Division of Procurement, has certified its use to be cost effective and in the best interest of the State. Contractors have the option of selling these commodities Or services certified by the Division to the other State agencies at the agencies option. 1.42 SPOT MARKET PURCHASES: It is the intent of the City to purchase the items specifically listed in this bid from the awarded vendor. However, items that are to be a Spot Market Purchased may be purchased by other methods, Le. Federal, State or local contracts. 1.43 ELIMINATION FROM CONSIDERATION: This bid solicitation shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes or contracts which are defaulted as surety or otherwise upon any obligation to the City. 1.44 WAIVER OF INFORMALITIES: The City reserves the right to waive any informalities or irregularities in this bid solicitation. 1.45 ESTIMATED QUANTITIES: Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order 'for a given amount subsequent to the award of this bid soliCitation. Estimates are based upon the City's actual needs andlor usage during a previous contract period. The City for purposes of determining the low bidder meeting specifications may use said estimates. 1.46 COLLUSION: Bids from related parties. Where two (2) or more related parties each submit a bid or proposal for any contract, such bids or proposals shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management 'of such related parties in the preparation and submittal of such bids or proposals. Related parties mean bidders or proposers or the principals thereof which have a direct or indirect ownership interest in another bidder or proposer for the same contract or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same contract. Bids or proposals found to be collusive shall be rejected. Bidders or Proposers who have been found to have engaged in collusion may be considered non-responsible, and may be suspended or debarred, and any contract resulting from collusive bidding may be terminated for default. 1.47 DISPUTES: In the event of a conflict between the documents, the order of priority of the documents shall be as follows: • Any agreement resulting from the award of this Bid (if applicable); then , ~ Addenda-reieasea Tor-this Bid, '\,·vith "the-latest-Addendum-taking'precedence; tnen-----"----------- • The Bid; then • Awardee's Bid. BID NO:.15-11/12 DATE: February 6,2012 CITYOF MIAMI BEACH 11 1.48 REASONABLE ACCOMMODATION: In accordance with the Title" of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Public Works Department at (305) 673-7080. 1.49 GRATUITIES: Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this proposal. 1.50 SIGNED BID CONSIDERED AN OFFER: The signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Commission of the City of Miami Beach, Florida and in case of . default on the part of successful bidder or contractor, after such acceptance, the City may procure the items or services from other sources and hold the bidder or contractor responsible for any excess cost occasioned or incurred thereby. 1.51 TIE BIDS: Please be advised that in accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free work place program. A certifiCation form will be required at the time of Bid submission. 1.52 . PUBLIC ENTITY CRIMES (PEC): A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid ona contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.53 DETERMINATION OF RESPONSIVENESS: Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, your bid must conform in all material respects to the requirements stated in their Bid. 1.54 DELIVERY TIME: Vendors shall specify on the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time, no ranges will be accepted, i.e.; 12-14 days. 1.55 CONE OF SILENCE: This invitation to bid is subject to the "Cone of Silence" in accordance with Ordinance No. 2002-3378. A copy of all written communication(s) regarding this bid must..be filed with the city clerk. 1.56 TERMINATION FOR DEFAULT: If through any cause within the reasonable control of the successful bidder, it shall fail to fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the City shall ------,---------,-----.-tRerBwpGn--have-the-r-ight-tG·--terminate-tr-te--ser-v·iees-·theR-,-remaip,~p.@--tG-be -perfGr.med-.ay--------.·.-----------.---- giving written notice to the successful bidder of such termination which shall become effective upon receipt by the successful bidder of the written termination notice. BID NO: 15·11/12 DATE: February 6,2012 CITYOF MIAMI BEACH 12 ._----_._ .. _._--.-_ .. _ .... _---_ ...... _._-----_. -----'----------------_.--._.------._-------_ .. _-_ .. ---------------_.-. In that event, the City shall compensate the successful bidder in accordance with the Agreement for all services performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. 1.57 TERMINATION FOR .CONVENIENCE OF CITY: The City may, for its convenience, terminate the services then remaining to be performed at any time without cause by giving written notice to successful bidder of such termination, which shall become effective thirty (30) days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful bidder ·in accordance with the Agreement for all services actually performed by the successful bidder and reasonable direct costs of successful bidder for assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to eam on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this section. 1.58 INSURANCE AND INDEMNIFICATION: The Contractor shall be responsible for his work and every part thereof, and for all materials, tools, appliances and property of every description, used iii connection with this particular project. He shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract Dr in connection with the work. It is understood and agreed that at all times the contractor is acting as an independent contractor. The contractor, at all times during the full duration of work under this contract, including extra work in connection with this project shall meet the following requirements: Maintain Automobile Liability Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection with the work. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least s.r:VI or better per Besfs Key Rating Guide, latest edition. > .original signed Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk --_._ ..... ------_.,--. __ .~ _____ ... ___ ... __ Mar-Iager:,-befGre-l.,l'·Jor-k .. ,!s-star-ted..--The-Ge!iif!cate-mwst-state--6id-t.-J!.J-mber-2p.d .xl-t!e.-.,.lJpQp.---,-'-----.---,.-.--,------~ .. expiration of the required insurance, the contractor must submit updated certificates of insurance for as long a period as any work is still in progress. BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 13 It is understood and agreed that all policies of insurance provided by the contractor are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. The liability insur<tnce coverage shall extend to and include the following contractual indemnity and hold harmless agreement: "The contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal corporation, its officers, agents, and employees from all claims for bodily injuries to the public in and up to the amount of $1 ,000,000.00 for each occurrence and for all damages to the property of others in and up to the amount of $1 ,boo,ooo.OO for each occurrence per the insurance requirement under the specifications inclUding costs of investigation, all expenses of litigation, including reasonable attorney fees and the cost of appeals ariSing out of any such claims or suits because of any and all acts of omission or. commission of any by the contractor, his agents, servants, or employees, or through the mere existence of the project under contract". The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the City of Miami Beach, its officers, agents, and employees, as determined by a court of competent jurisdiction. . The contractor will notify his insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract, and furnish a copy of the Hold Harmless Agreement to the .insurance agent and carrier. The contractor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the City of Miami Beach under the Hold Harmless . Agreement from any and all claims arising out of this contractual operation. The contractor will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the contractor and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the contractor and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. ' Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee fail to provide acceptable evidence of current _._. _____ .,. ________ .. _ .. _______ .~ _______ inst!!:aD.-ce._v'!ithin __ sevep.~da~{5_.of_r:eceipLof -':Nr.:ittsp, ,·D.Qtice· at .any.-time,_duf:ip.g __ tile .. cor:1_tr-act--, ____ ._, .. --,----"'--, -_._--. term, the City shall have the right to consider the contract breached and justifying the termination thereof. BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 14 .... -_ .. -... --_ .. -._._--... _ ... _. __ ...... _._ ... _ .... _._--- If bidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liabiJityclaim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; but the provisions of this Cross Liability clause shall apply only with respect to liability arising alit of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereund.er as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. 1.59 MODIFICATlONIWITHDRAWALS OF BIDS: A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will not be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of Bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will not be considered. 1.60 EXCEPTIONS TO BID: Bidders are strongly encouraged to thoroughly review the qualification requirements set forth in this ITB, specifically the minimum specifications found on page 21, identified by the words "must"; "shall", and 'will". Bidders who fail to satisfy the requirements set forth, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this ITB and you are proposing altematives to said requirements, you must notify the Procurement Office in writing at least five (5) days prior to the deadline for Submission of bids. The City reserves the right to revise the scope of services via addendum prior to the deadline for receipt of bids. BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 15 <. INVITATION TO BID (ITB) No. 15·11/12 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 2.0 SPECIAL CONDITIONS 2.1 PURPOSE: The purpose of this bid is to establish a contract, by means of sealed bids, for concrete curbing sidewalk construction, purchase of asphaltic concrete/related materials, and striping of city streets and parking lots, as specified herein. 2.2 TERM OF CONTRACT: This contract shall remain in effect for two (2) years from date of contract execution by the Mayor and City Clerk. The City of Miami Beach has the option to renew the contract at the sole discretion of the City Manager for an additional two (2), one (1) year periods, on a year-to-year basis. Renewal of the contract is a City of Miami Beach prerogative, not a right of the Contractor. Such option will be exercised, if at all, only when it is in the best interest of the City of Miami Beach. . In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis only and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six (6) months. 2.3 METHOD OF AWARD: Award of this contract may be made to the primary and secondary lowest and best bidders, as defined in General Conditions 1.38, whose bid will be most advantageous to the City of Miami Beach. Should the primary vendor fail to comply with the Terms and Conditions of this Contract, the City reserves the right to award to the secondary vendor, if it is deemed to be in the best interest of the City. 2.4 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this bid solicitation, the prices quoted by the bidder on the Bid Form shall remain fixed and finmduring the two (2) year term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual tenm. 2.4.1 OPTION TO RENEW WITH PRICE ADJUSTMENT: The contract could be extended for an additional two (2), one (1) year terms, on a year to year basis, at the sole discretion of the City Manager. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on Consumer Price Index increase. Change shall not be more than the percentage increase or decrease in the Consumer Price Index CPI-U (all urban areas) computed 60 days prior to the annillersary date of the contract.. , .' It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's request for adjustment should be submitted 60 days --Pl"!6f--te-ex:p!'r-ati0fl-sf-the-tAeA-6!;!FrsRt-G6fltrset-!er-m; .,--, ... ,---.. " .... -_ ..... _-_ .... _ .. " ... _. -_ .. "._-" .. ------------------'---- The vendor adjustment request must clearly substantiate the requested increase. If no adjustment request is received from the vendor, the City will assume that .BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 16 ,. the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 2.5 COMPLETE PROJECT REQUIRED: These speCifications describe the various items or classes of work required, enumerating or defining the extent 'of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the work. 2.6 PERCENTAGE ABOVE VENDOR COST: Bids for materials required for additional work not included in the scope of services herein shall be submitted at a percentage above vendor wholesale cost. Evidence of said costs shall be submitted upon request, and attached to the invoice. Proof of costs shall be printed, properly identified, and dated as to issuance of effectiveness. 2.7 HOURLY RATE: The hourly rate quoted is for additional work not specified herein and shall include full compensation for labor, equipment use, travel time, and any other direct cost associated for providing the additional work, to the bidder. Hourly labor rates are specified as follows: • Hourly Labor Rate I -Hourly rate for straight time, I.e. from B a.m. to 5 p.m. Monday -Friday (rate is to include labor and travel). • Hourly Labor Rate II -Hourly rate for overtime, I.e. before B a.m .. or after 5 p.m., or 'on weekends or holidays (rate to include labor and travel). 2.8 LIQUIDATED DAMAGES: Failure to complete work orders within the specified time may result in the successful Bidder being assessed the additional cost incurred by the City (liquidated damages) for any and all costs associated with the service. performed by a secondary vendor. 2.9 REFERENCES (PROVIDE REFERENCES, IN THE CUSTOMER REFERENCE FORM): Each bid must be accompanied by a minimum of five (5) references of clients or government organizations for which the Bidder is currently furnishing or .has furnished similar services. Three (3) of those references must be for contracts for concrete curbing sidewalk construction in the amount of'$100,000 or higher each. Reference shall include the name of the company, a contact person and the telephone number. Should bidder fail to provide this information with their, bidder shall provide within five (5) calendar days upon request from the Procurement Division. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.10 BIDDER QUALIFICATIONS: In order forbids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include all information necessary to certify that the bidder: maintains a , permanent place of business; has technical knowledge and practical experience in the type of work specified in the Scope of Work; has available the organization and qualified manpower to do the work; has adequate financial status to meet the financial obligations incident to the work; has not had just or proper claims pending against him or his work; ____ ~ ___ . __ . __________ and ... .JJJ'!SPLo.vic:leJ:L Jbe WQ(k __ matflIials __ and ... _s-,,!ryiQes .. as __ desJ:Iib_e_d __ in .. Jo.es_e_bJcL. ___ . ________ _ specifications. The evidence will consist of listing of work that has been provided to public and private sector clients, i.e. nature of WORK within at a minimum, the last three (3) years. BID NO: 15·11/12 .DATE: February 6, 2012 CITYOF MIAMI.BEACH 17 2.11 LATE BIDS: At time, date, and place above, bids will be publicly opened. Any bids or proposals received after time and date specified will be returned to the bidder unopened. The responsibility for submitting a bid/proposal before the stated time and date is solely and strictly the responsibility of the bidder/proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. 2.12 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the specifications shall be listed on· the Bid Form and shall reference the section. Any exceptions to the General or Special Condttions shall be cause for the bid to be considered non-responsive. 2.13 COMPLETE INFORMATION REQUIRED ON BID FORM: An Original, five (5) copies, and CD copy of the Bid Form as well as any other pertinent documents must be returned in order for the bid to be considered for award. All bids must be submitted on the . attached Bid Form and all· blanks filled in. All required submittal information must be returned, properly completed, in a sealed envelope as outlined in the first paragraph of General Conditions. 2.14 CUSTOMER SERVICE: Excellent customer service is the standard of the City of Miami Beach. As contract employees of the City, all employees will be required to' adhere to the City's "Service Excellence" standards and expected to conduct themselves in a professional, courteous and ethical manner .in all situations. The successful bidder's employees must work as a cooperative team of well-trained professionals, and must serve the public with dignity and respect. All business transactions with the City will be conducted with honesty, integrity, and dedication. 2.15 WARRANTY: The successful bidder will be required to warranty all work performed. Warranty shall be provided in detail, upon request. . 2.16 PAST PERFORMANCE: Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 63 and 64, and request that your client submit the completed survey to Theo Carrasco, Procurement Coordinator at (Fax) 786- 394-4624; or e-mail theocarrasco@miamibeachft.gov. Please understand that we will . not accept Client Surveys being sent to our office from the office of the proposer, Surveys must be sent to Procurement from your client's office(s). Consultants are responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify and confirm any information submitted in this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site-visitation, and other independent confirmation of data. 2.17 EQUAL PRODUCT: Manufacturer's name, brand name and model number are used in these speCifications for the purpose of establishing minimum requirement of level of quality, standards of performance and design required and is in no walj intended to prohibit the bidding of other manufacturer's· Hems of equal material, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete -------.---.---. -.--------·---f.a~tQr-y.-infQr-mat;on··$heeu--{si'J~cfficatiQn$j--br~u~,hur~~-r·et@c,,)·-a::ld--test-resw!~--Qf··un~t--,-----.-'-"---' ---- bid as equal. B.ID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 18 INVITATION TO BID (ITB) No. 15-11/12 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS . 3.0 MINIMUM SPECIFICATIONS: GROUP 1 CONCRETE CURBING/SIDEWALK CONSTRUCTION The applicable portions of the Dade County Public Works Manual and the Standard Specifications for Road and Bridge Construction of the Florida Department of Transportation, Edition of 1991, and its supplements, as amended, are a part of this Contract and shall be further supplemented and amended by the General Specifications and Special Provisions contained herein. Wheelchair curb. ramps shall be constructed to be in full compliance with all Americans with Disabilities Act Accessibility Guidelines standards and Florida Accessibility Code standards, as well as any other required and relevant standards. 3.1 TECHNICAL SPECIFICATION The Contractor shall provide all supervision, labor, materials (including forming) and equipment required to complete the work, at a site or sites designated by the City. 3.1.1. Removal and replacement of existing curb and gutter and or sidewalks. These items include removal of existing concrete and disposal of materials to legal sites. provided· by the Contractor. 3. L2. Concrete Sidewalk (4" thick). 3.1.3. Concrete Sidewalk or Driveway (6" thick): with WWF 6" x 6" x 10 10G. 3.1.4. Construction' of pedestrian ramps shall be in accordance with the City of Miami Beach Detail, Pedestrian Ramps in Public Right-of-Way, It shall include the cost of removal of existing sidewalk and the preparation of the base as described herein. 3.1.5. EXTRA STRENGTH CONCRETE (4,000 psi): All concrete items shall be constructed using Class I concrete having a minimum 28 day compressive strength of 3,000 psi, unless 4,000 psi concrete is specified in Work Order. This item has been established to compensate the Contractor for the difference in cost of utilizing this higher strength concrete. _ When 4,000 psi concrete is specified, the Contractor shall be paid the Contract , unit price bid for sidewalk or curb and gutter, as appropriate, and shall also' be paid the contract unit price bid for 4,000 psi concrete. The quantity to be paid for shall be the actual volume, in cubic yards, of 4,000 psi concrete in place and accepted. 3.1.6. COLORED CONCRETE SIDEWALKS AND RAMPS: All concrete used in the replacement or construction of sidewalks and pedestrian ramps shall be of Color Concrete mix as specified below unless directed otherwise by the Street BID NO: 15-11112 DATE: February'S, 2012 CITYOF MIAMI BEACH 19 ---.~-.~~---. .. _----_ .. _ .•. _ .•.. _._--_ ...•. _. -... -.-~.---~ -----.--~----- Superintendent or City Engineer. Where quantities of concrete to be used in one pour is equal to or more than three cubic yards, an integral colored concrete mix shall be used. The dust-on/dry-shake coloring shall be allowed only when the total concrete quantity in one work order is less than three cubic yards or if directed by the City Engineer or his representative: Integral 'Color Concrete Mix Design: Design mix to provide normal weight, regular or air-entrained pump mix concrete with a minimum of 470 Ibs. of Portland cement to achieve 3000 psi or more 28 day compressive strength. Mix one unit of Lambco Color pigment in "Miami Beach Red" color, packaged in one yard increments in dispersible "Clean Color" packaging as manufactured by Lambert Corporation; Orlando, Florida, 800-432-4746 or L. M. Scofield Co., Sunrise, Florida, 800-800-9900. 3.1.7. Restoration and dressing cif all replaced surface shall be accomplished by removal of all forms of broken concrete, rock and other debris and backfilling all abutting areas to the new concrete with proper soil and sod. ·3.1.S. All areas of removal are to be done in a careful manner so as not to cause damage to abutting concrete surface. Saw cutting may be needed to prevent .additionaldamage. Contrector has to protect monuments, survey pipes metal castings, etc. encountered in the replacement or new work area, and shall make any necessary adjustments of these items so as to conform to the finish grade of his work. Contractor shall be responsible for restoring sidewalk anchors, flags, etc., which. may be encountered, such as hurricane shutter fasteners in commercial areas. Contractor shall be responsible for protecting, in a satisfactory manner to the Street Superintendent, any roof drainage pipe encountered in the area of removal and replacement. Cold joint or a solid plate will be required every 40 L.F. to 60 L.F. of the work. Expansion material may be called for as directed by the Engineer, to be placed at abutting Special Conditions. All areas removed by the Contractor are to be replaced and stored within two days of removal and shall be properly barricaded by the Contractor in the interim time. 3.1.9. PAVEMENT RESTORATION ABUTTING RESTORED AREAS: Asphalt will be saw cut as directed by the Street Superintendent or authorized representative. All cuts will be parallel to the curb line. Areas void of lime rock will be filled with limerock and compacted to required density as directed by the Superintendent. A minimum 2" hot mix asphalt (S-3 asphalt) to be used to complete restoration and will be compacted by use of roller or vibratory plate. Finished surface to be free of ridges or valleys and imperfections that may -cause the surface to hold - water or create a tripping hazard. All work is to be inspected and accepted by , the Street Superintendent or his representative prior to payment. Upon receipt of a Work Order, the Contractor shall commence work upon the _ ... _._._ ...... _ ..... __ . __ .... ____ ..... s.ite(s)_wilb.in.sexE\o.(J,) ... c.al.e.o.daLd.a}'s ... aod.c.QlJlio.u.e .... s.ucb_wp.(k .. in c an_6xp_E\diiio.u.s _____ ._. ____ .~_ manner to a conclusion acceptable to the Engineer. Upon receipt of a Work Order, the Contractor shall commence work upon the BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 20 ---------------------------------------------------------------------------------------- site(s) within seven (7) calendar days, and continue such work in an expeditious manner to a conclusion acceptable to the Engineer. 3.2 CONTROL OF THE WORK - 3.2.1. INSPECTORS: Inspectors employed by the City shall be authorized to inspect all work done and materials furnished. Such inspection may extend to all :or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector may be stationed on the Work to report to the engineer as to the progress of the Work and the -manner in which IT is being performed; also to report whenever it appears that the materials furnished and work performed by the Contractor fail to fulfill the requirements of the Specifications and Contract, and to call to the attention of the Contractor any .such failure or other infringements. Such inspection, however, shall not relieve the Contractor from any obligation to perform all the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between the Contractor and the Inspector as to material furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or - suspend the Work until the question at issue -can be referred to and decided by the engineer. The Inspector shall perform such other duties as are assigned to him. He shall not be authorized to revoke, alter, enlarge, relax, or release any requirements of these Specifications, not to approve or accept any portion of work, nor to issue instructions contrary to the Plans ahd _Specifications. The Inspector shall in no case act as Foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as bindirig the engineer in any way, nor releasing the Contractor from fulfillment of the terms of the Contract. Ordinarily one Inspector will be employed by the City for each section of the Work under Contract; but if, on account of any apparent disregard of these Specifications, additional Inspectors shall be required, they will be employed by the City at the rate of $150.00 per diem each, and the cost of same charged to the Contractor and deducted from the final payment. 3.2.2. INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work performed and materials used are in accordance with the requirements and intent of the Specifications and Contract. If the engineer requests it, the Contractor shall at any time before final acceptance of the Work remove or uncover such portions of the finished Work as may be directed. -After examination the Contractor shall restore said portions of the Work to the standard required by the SpeCifications. Should the Work thus exposed Dr examined prove acceptable, the uncovering or _________________ ,_" __ remoy!n.g r __ ·and._1be_rep.!acing __ Df--the---.cover!.~-g ... -!x."-!:na,kif-!.g-,--good.--Df.--the-Part-S------------- removed, shall be paid for as "Extra Work," but should the work so exposed or examined prove unacceptable, the uncovering Dr removing and the replacing of the covering or making good of the parts removed, shall be at the Contractor's BID NO: 15-11/12 DATE: February 6, 2D12 CITYOF MIAMI BEACH 21 expense. No work shall be done nor materials used without suitable supervision or inspection by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect be discovered, or obligate the City to final acceptance. 3.2.3. FAILURE TO REMOVE AND RENEW DEFECTIVE MATERIALS AND WORK: Should the Contractor fail or refuse to remove and renew any defective materials used or work performed, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of these SpeCifications within the time indicated in writing, the engineer shall have the authority to cause the unacceptable or defective materials or work to be removed and renewed, or such repairs as may be necessary, to be made at the Contractor's expense. Any expense incurred by the City in making these removals, renewals or repairs, which the Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due the Contractor or may be charged against the "Contract Bond" deposited; and continued failure or refusal on the part of the Contractor to make any or all necessary repairs promptly, fully, and in an acceptable manner shall be sufficient cause for the City, at its option, may purchase materials, tools, and equipment and employ labor or may contract with any other individual, firm, or corporation to perform the Work. All costs and expenses incurred thereby shall be charged against the defaulting Contractor and the amount thereof deducted from any monies due or which may become due him, or shall be charged against the "Contract Bond" deposited. Any work performed, as described in this paragraph, shall not relieve the Contractor in any way from his responsibility for the work performed by him. '3;2.4. FINAL INSPECTION: Whenever the Work provided and contemplated by the . Contractor shall have been satisfactorily completed and the final cleaning up performed, the engineer shall within ten (10) days, unless otherwise provided, make the final inspection. 3.3 CONTROL OF MATERIAL .3;3.1. SOURCE OF SUPPLY AND QUALITY OF MATERIALS: At the option of the engineer the source of supply for each of the materials shall be approved by the engineer before the delivery is started. Representative preliminary samples of the character and quality described shall be submitted by the Contractor or producer 'for examination and tested in accordance with the methods referred to under Samples and Tests, Paragraph B, below. Only materials conforming to the requirements of these Specifications and approved by the Engineer shall be used in the Work. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after trial, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any sources' proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. No material which after approval· has in any way become unfit for use shall be used in the Work. 3.3.2. SAMPLES AND TESTS: For the purpose of assisting his judgment the Engineer may require any or all materials to be subject to test by means of samples or otherwise as he may determine. The Contractor shall afford such facilities as the BID NO: 15·1111.2 DATE: February 6, 2012 CITYOF MIAMI BEACH 22 Engineer may require for collecting and forwarding samples and shall not make use of or incorporate in the Work any material represented by the samples until the tests have been made and the materials found in accordance with the requirements of the Specifications and are acceptable. The Contractor in all cases shall furnish and deliver the required samples without charge. Samples shall be furnished sufficiently in advance so that the results of the required tests may be secured prior to the incorporation of the material in the Work. The manner of collecting and testing samples, as well as all apparatus and equipment used for this purpose, shall conform to the A.S.T.M. Current Standards or Tentative Standards, as the case may be, insofar as these are applicable-unless specifically stated otherwise. 3.3.3. STORAGE OF MATERIALS: Materials shall be stored so as to insure their preservation and quality and fitness for the work, and shall be so located as to facilitate prompt inspection. Materials improperly stored may be rejected without testing. . 3.3.4. DEFECTIVE MATERIALS: All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected' material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this·article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. 3.4 LEGAL RELATIONS AND RESPONSIBIL TV TO THE PUBLIC 3.4.1. PERMITS, LICENSES, & OCCUPATIONAL LICENSES: The Contractor shall procure all permits and licenses as required. There will be no charge for the construction permits issued by the City of Miami Beach. The Contractor shall also give all notices necessary and incident to the due and. lawful prosecution of the Work. 3.4.2. RIGHT OF WAY: In cases where the Work is done on private property the City guarantees the Contractor the right-of-way for the construction of the Work, but the Contractor must take all precautions not to inconvenience the tenant or property owner any more than necessary. The right is reserved to omit any sections of the Work which depend upon a right-of-way grant in case such riglat-of-way is denied the City._ , The Contractor shall have no claims for damage due to delay by the City in furnishing necessary right-of-way, but should any such delay occur. the Contractor shall be entitled to such extension of time for the completion of his _. _______________ ._. __ . Cprltc~r;t.il$ mfl.y_b_"'_dJ31f.lJJJJi.nertJ:>.yJh"'._CiJy-loJJoueasona!lle._. _____ . __ -. ---.. --.-------------.----. BID NO: 15-11112 In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such DATE: February 6, 2012 CITYOF MIAMI BEACH 23 !""" repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 3.4.3. RESTORATION OF SURFACES OPENED BY PERMIT: Any individual, firm, or corporation wishing to make an opening in the street must secure a permit from, and will be required to deposit security with, the Engineer, in a suitable amount to cover the cost of making the necessary repairs, and the Contractor shall not allow any person or persons to make an opening unless a duly authorized permit from the City is presented. The right is reserved to lay in the street or to repair any sewer, drain, conduit, main, or service pipe or their accessories at any time before the completion of the Work. The Contractor is to exercise such supervision thereof as will protect him against defects in the finished Work.' . In case of damage to the work on account of work so done, the Engineer may direct the Contractor to make the necessary repairs, and payment for such repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the said repairs within the time specified, the Engineer shall have the authority to cause such repairs to be made, in which case the Contractor shall not be relieved in any way from his responsibility for the work performed by him. 3.4.4. SANITARY PROVISIONS: Contractor shall provide and maintain at his own expense, in a sanitary condition, such accommodations for the use of his employees as is necessary to comply with the requirements and regulations of State and County Boards of Health. He shall commit no public nuisance. 3.4.5. PUBLIC CONVENIENCE AND SAFETY: Contractor shall conduct the Work so as to insure the least obstruction to traffic practicable, and shall provide for the convenience of the general public and of residents along and adjacent to the Work in a manner satisfactory to the.Engineer. Materials and equipment stored' upon the Work shall be placed so as to cause as little obstruction to the public as possible and shall be lighted and barricaded as hereinafter provided. 3.4.6. CLOSING STREETS: Streets shall not be closed except when and where directed by the Engineer, and whenever the street is not closed the Work must be so conducted that there shall at all times be a safe passageway for traffic. Whenever it is necessary to divert traffic from any part of the Work the Contractor shall provide and maintain a passable driveway as directed by the Engineer. Suitable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contractor in all cases and the Engineers office and the Fire Department shall immediatelybe notified by telephone or otherwise upon ... ____ ~~Elgl'?J3lng~ndl()rQrJ.eJ:1!!!g_C!.teach_ stre~ or sec!i9l! theL~oJ, ______________________ . 3.4;7. BARRICADES, WARNINGS, AND DETOUR SIGNS: The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger wamings, BID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH .24 and detour signs whenever they may be necessary. He shall place sufficient lights on and/or near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, and/or other protection about the Work; provide all watchmen by day or night and take all other precautions that may be necessary; shall maintain proper guards and lights for the prevention of accidents upon materials, supplies, and equipment, and take all other precautions that may be necessary for the proper protection of the Work and public convenience and safety. Streets closed to traffic shall be protected by effective barricades on which shall be placed acceptable warning signs. The Contractor shall provide and maintain acceptable warning and detour signs at all closures, intersections, and along the detour routes, directing the traffic around the closed portion or portions of the Work, so that the temporary detour route or routes shall be indicated clearly throughout its or their entire length. 3.4.8. FIRE HYDRANTS, GUTTERS, ETC.: Fire hydrants on or adjacent to the Work' shall be kept accessible to the fire apparatus at all times and no material or obstructions shall be placed within ten (10) feet of any such hydrant. Adjacent premises must be given access as far as practicable, and obstruction of sewer inlets, gutters, and ditches will not be permitted . . 3.4.9. USE OF EXPLOSIVES: Unless otherwise expressly stipulated herein, the. use of explosives is not contemplated in the prosecution of this Contract, and in no case will their use be permitted without the written permission of the City Engineer and a permit issued by the Chief of the Fire Department. Where such permission for the use of explosives is obtained the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of the charges shall be reduced. All explosives shall be stored in a secure manner, and all such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES," and shall be in the care of competent watchmen. 3.4.10. PRESERVATION OF PROPERTY: The Contractor shall preserve from danger all property along the line of Work, the removal or destruction of which is not called for by the Plans. This applies to public utilities, trees, lawns, buildings, fences, bridges, pavements, and other structures, monuments, pipe, underground structures, etc., and wherever such property is damaged due to the activities of the Contractor it shall be immediately restored to its original condition by the Contractor and at his own expense. The Contractor shall give due notice to all¥ department or public service corporation controllirig manholes, valve jackets; meter boxes, street monuments, etc., prior to adjusting them to grade, and shall be held strictly liable to the City if any such appliances are covered up during the construction of the Work . .... !l1sYS;tL ca?~Rf.fujJw'LQD.Jb5!-Pj3_[LqLtb''-CD-,]j[arJ.ru:jpJ-''J'1pm,,''n.Y:-S.\J.cb .. pr:OP!3dy"----~-.--.--' or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 25 , monies due or which may become due the Contractor under this Contract. Nothing in this clause shall prevent the Contractor from receiving proper compensation for the removal or replacement of any public or private property when same is made necessary by alteration of grade or alignment, and such work is authorized by the Engineer, provided that such property has not been damaged through fault of the Contractor, his employees, or agents . • 3.4.11. RESPONSIBILITY FOR DAMAGE, ETC.: The Contractor shall indemnify and save harmless the City, agents, and employees from all suits, actions, or claims of any character, name, and description brought for, or on account of, any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by, or in consequence of, any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or by, or on account of any act of omission, neglect, or misconduct of the said Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws, by-laws, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Engineer may be retained for the use of the City, or in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid, shail have been settled and suitable evidence to that effect fumished to the Engineer. The Contractor guarantees the payment of all just claims for materials,supplies, tools, labor, and other just claims against him or any subcontractor in connection with this Contract and his bonds will not be released by final acceptance and payment by the City unless all such claims are paid or released. 3.4.12. CONTRACTOR RESPONSIBILITY FOR WORK: Until acceptance of the Work by the City it shall be under the charge and care of 1he Contractor and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause whatsoever arising from the execution or from the non execution of the Work. The Contractor shall rebuild, repair, restore, and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance except such ordinary wear and tear as may be due to use on sections opened for service, as hereinafter provided. 3.4.13. OPENING OF SECTION OF WORK FOR SERVICE: Whenever, in the opinion of the Engineer, any portion of the Work is in acceptable condition for use it shall be opened for service as may be directed and such opening shall not be held to be in any wayan acceptance of the work or any part of it or as a waiver of any provisions of these Specifications and Contract. Necessary repairs or renewals made on any section of the Work due to its being opened for use under instructions from the Engineer, to defective materials or work, or to' natural causes other than ordinary wear and tear, pending completion and acceptance of ___ . ______ ~ _____ ~~~ __ the VJ/orkrsba!Lbe-per.for.med .. at.-t!:le-.exp:gns€-of-tp,g--GGntraGtcr-.----------------,,-~----.-~.----~ 3.4.14. NO WAIVER OF LEGAL RIGHTS: The City reserves the right, should an error be discovered in the partial or final estimates, or should conclusive proofs of BID NO: 15-11112 DATE: February 6,.2012 CITYOF MIAMI BEACH 26 defective work or materials used by or on the part of the Contractor be discovered after the final payment has been made, to claim and recover by process of law such sums as may be sufficient to correct the error or make good the defects in the work and materials. 3.4.15. LIABILITIES AND DUTIES OF CONTRACTOR NOT LIMITED: The mention of any specific duty or liability upon the Contractor in any part of the Specifications shall not be construed as a limitation or restriction upon general liability or duty imposed upon the Contractor by the Specifications, said reference to any specific duty or liability being for purposes of explanation only. No waiver of any breach of the Contract shall constitute a waiver of any subsequent breach of any part thereof, nor of the Contract. 3.5 PROSECUTON AND PROGRESS 3.5.1. SUBLETTING OR ASSIGNING CONTRACTS: The Contractor will not be permitted to sublet, assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or of his right, title, or interest therein to any individual, firm, or corporation without the written consent of the City. In case such approval is given the Contractor must file with the Engineer copies of all sub-Contracts. No sub-Contracts or transfer of Contract shall in any case release the Contractor of his liability under this Contract and Bond. 3.5.2. PROGRESS OF WORK: It is understood and agreed that the Contractor shall commence work not later than the time limit for beginning as set forth in the attached Proposal, and shall provide an adequate force of labor and equipment to prosecute the Work at as many different pOints as may be deemed necessary by the Engineer.so as to insure the completion of the same within the time limit for completion· as set forth in the attached Proposal or Contract, except that where the Contractor has more than one uncompleted Contract with the City, he is not to commence another Contract nor place materials on the streets thereof without the consent of the Engineer. . 3.5.3. LIMITATIONS OF OPERATIONS: The work is to be confined, at anyone time, to an area not to exceed 1,500 feet in length; and while the work is actually going on, as much as half this length may be barricaded to entirely exclude traffic, but not over half; nor will two consecutive street intersections be allowed to be entirely closed to exclude traffic except by written consent of the Engineer. Street traffic is not to be needlessly obstructed but no street is to be opened to traffic until the Engineer gives his consent. The Contractor may erect or maintain along the lines of his work such tool boxes, sheds, storehouses, or other buildings as may be necessary, provided such structures do not interfere with the reasonable use of the streets or sidawalks. The size, location,.and construction of these must be subject to the approVal of the Engineer. ' The Contractor hereby agrees to arrange his work and dispose his materials so . as not to interfere with the operations of other contractors engaged upon ... eRi£9~.IJL"l'.orl,-an£lJQ.joiu.bJLwork J9...Jhaj.R.LQtllf\[!L in_.8_pIQPBI_marmeUQ, __ _ accordance with the spirit of the Plans and Specifications, and to perform his work in the proper sequence in relation to that of other Contractors, all as may be directed by the Engineer. BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 27 1 1, ________________________________ _ Each Contractor shall be held responsible for any damage done by him or his agents to the work performed by another Contractor. Each Contractor shall so conduct his operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. 3.5.4. CHARACTER OF WORKMEN AND EQUIPMENT: The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent. Whenever the Engineer shall determine that any person employed by the Contractor is, in his opinion, incompetent, unfaithful, disorderly, or insubordinate such person shall, upon notice, be discharged from the Work and shall not again be employed on it except with written consent of the Engineer. All workmen must have sufficient skill and experience to properly perform the work assigned them. All workmen engaged on special work or skilled work, or in any trade, shall have had sufficient experience in such work to properly and satisfactorily perform it and to operate the equipment involved, and shall make due and proper effort to execute the Work in the manner prescribed in these Specifications. Otherwise the Engineer may take action as above prescribed. Should the Contractor fail to remove such person or persons, or fail to fumish suitable or sufficient machinery, equipment, or force for the proper prosecution of the Work, the Engineer may withhold all estimates which are or may become due, or may suspend the Work until such orders are complied with. The equipment -used on any portion of the Work shall be such that no injury to the roadway, adjacent property, or other highways will result from its use; and no item of machinery or equipment, after once being place on the Work, shall be removed without the consent of the Engineer. - 3.5.5. TEMPORARY SUSPENSION OF WORK: The City or Engineer shall have the authority to suspend the Work wholly or in part for such period or periods as may be deemed necessary due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the Contract. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily, nor become damaged in any way, and he shall take every reasonable precaution to prevent damage or deterioration of the work performed; provide suitable drainage of the roadway by opening ditches, shoulder drains, etc., and erect temporary structures where directed. The Contractor shall not suspend the Work and shall not remove any equipment, tools, lumber, or other materials without the written permisSion of the Engineer. No allowance of any kind will be made for such suspension of work except an equivalent extension of time for completion of the Contract. ______ -'3"'.5"'.""6 •.. _ ~OMPUJ:AT!.Qf'LQF_Q.PNTR~kT I!ME_EQ!LC_QMf'LFIIQr~LO.F __ .IHE.._WQRK; Contractor shall perform fully, entirely, and in accordance with these Specifications the Work contracted for within specified time stated in the attached Proposal. In adjusting the contract time for the completion.of the Work, the length BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 28 i-------·· of time expressed in days, during which the prosecution of the Work has been delayed in consequence of any suspension of work ordered by the Engineer, or omission of the City and not by any fault of the Contractor, shall be added to the contract time as set forth in the attached Proposal, all of which shall be determined by the Engineer, and whose determination shall be binding and conclusive upon both parties to the Contract. If the satisfactory eXecution and completion of the contract, shall require work or material in greater value than set forth in the contract, then the contract time shall be increased in the same ratio as the additional value bears to the original value contracted for. No allowance shall be made for delay or suspension of the prosecution of the work due to fault or negligence of the Contractor. No claim for damages shall be made or allowed on account of delay or postponement occasioned by the precedence of other contracts which may be either ·Iet or executed before the execution of the Contract, or on account of the streets or structures adjacent to the Work not being in the condition contemplated by the parties at the time of making the Contract, or on account of delay in the· removal of obstructions; but if the Contractor shall be delayed in the performance . of his work by reason of the streets or structures adjacent to the Work not being in condition contemplated, or on account of delay in the removal of obstructions, or by reason of the Work. or any part thereof being suspended on account of other contracts, or for any other reason, such allowance of time will be made as the Engineer shall deem reasonable. 3.5.7. FAILURE TO COMPLETE THE WORK ON TIME: The Work to be done under this Contract is to be begun on or before the date set forth in the attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within the time limit set forth iri the attached Proposal, and it is understood and agreed that the time limit for the completion of said Work is of the essence of the Contract, and should the Contractor fail to complete the Work on or before the date specified it is agreed that for each calendar day that any work shall remain uncompleted, after the time specified in the attached Proposal, with any extension of time which may be allowed by the Engineer for the completion' of the Work provided for in these Plans, Specifications, Special Provisions, and Contract, the sum per day given in the following schedule shall be deducted from the monies due to the Contractor, not as a penalty but as liquidated damages and added expense for supervision on each Contract: The Contractor shall take into account all contingent work which has to be done by other parties, arising from any cause whatsoever, and shall not plead his want of knowledge of said contingent work as an excuse for delay in his work or for its non-performance. _ Nothing in this clause shall be construed as limiting the right of the City to declare the Contract forfeited, to take over the Work, or to claim damages for the failure of the Contractor to abide by each and every one of the terms of this Contract as ----.. set-for:th-.af:Jd---PfOvided-for--in--the--.Ger.lera!-·ProviSlO!1Sr·.specia!-P-rovisior.s,-and-------- Specifications herein contained. 3.5.8. ANNULMENT OF CONTRACT: If the Contractor fails to begin the Work under BID NO: 15-11112 DATE: February 6,.2012 CITYOF MIAMI BEACH 29 Contract within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said Work, or shall perform the Work unsuitably, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty eight (48) hours, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect, or default, specifying the same, and if the Contractor, within a period of ten (10) days after such notice shall not proceed in accordance therewith, then the City shall upon written certificate from the Engineer of the fact of such delay, neglect, or default and the Contractor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said . Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in its opinion shall seem advisable for the completion of said Contract in an acceptable manner, All costs and charges incurred by the City, together with the costs of completing the Work under contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable and shall pay to the City the amount of said excess. 3.5.9. TERMINATION OF CONTRACTOR'S RESPONSIBILITY: This Contract will be considered complete when all work has been completed, final inspection made, and the work accepted by the City as hereinafter provided. The Contractor will then be released from further obligation except as set forth in his bond . . 3.6 MEASUREMENT AND PAYMENT ACCEPTANCE AND FINAL PAYMENT: Whenever the improvement provided for under this Contract shall have been completely performed on the part of the Contractor, and all parts of the Work have been approved by the engineer according to the Contract, and all trash, debris, equipment, and other things used in the construction removed from the site of the construction and from the adjoining land, the engineer, after final inspection as provided herein, shall certify such fact to the City in writing, recommending the acceptance of the Work. Upon acceptance of the Work by the City, a Final Estimate showing the value of the Work will be prepared by the engineer as soon as the necessary measurements and computations can be made all prior certificates or estimates upon which payments have been made being approximate only and subject to correction in the Final Estimate. ----------._ ........ ---_ .. _--_ .. _--_ ... -.. _-_ .. _._-_.---_ ...... _--_. __ .. _. __ ._-----_ .. _------ The amount of the Final Estimate, less any sums that may have been deducted or retained under the provisions of this Contract, will be paid to the Contractor within thirty (30) days after the Final Estimate has been approved by the City, provided that the BID NO: 15-11/12 DATE: February 6,2012 CITYOF MIAMI BEACH 30 Contractor has furnished to the City, a sworn affidavit to the effect that all bills are paid and no suits are pending in connection with the Work done under this Contract. Upon this final payment the City is to be released from all liability whatever growing out of this Contract. 3.7 SPECIAL PROVISIONS 3.7.1. PROTECTION TO PUBLIC: The Contractor shall erect and maintain barricades and warning signs to protect the public during the course of the work. The Contractor shall take every precaution to protect the abutting properties and minimize the possibility of damage to same. Contractor shall be liable for . restoration of all property including City property. 3.7.2. PERMITS: The Contractor shall procure all permits and licenses as required; however, there will be no charge for the construction permits issued by the City of Miami Beach. 3.7.3. CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: In case of conflict between the requirements of Special Provisions and General Provisions, the requirements of the Special Provisions will prevail. 3.7.4. LIMITATIONS OF OPERATIONS: No work shall be accomplished on Saturdays and Sundays. No work shall take place between the hours of 6:00 p.m. and 7:00 a.m.; however, the contractor may take necessary precautions to protect work. already accomplished. For any work that the contractor finds necessary to provide during the above days and times, the contractor must obtain written authorization from the Public Works or Parking Dept. Director, or designated Representative. BID N.O: 15·11112 CITYOF MIAMI BEACH DATE: February 6, 2012 31 - INVITATION TO BID (IT B) No. 15·11112 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 4.0 MINIMUM SPECIFICATIONS: GROUP 2 MILLING AND RESURFACING OF ASPHALT CONCRE'rE AND THE PURCHASE OF ASPHALT RELATED MATERIALS 4.1 SCOPE OF WORK 4.1.1. PREPARING SURFACE: Prior to the application of the surface course, all loose material, dust, dirt and all foreign material which might prevent proper bond with the existing surface shall be removed to the full width of the treatment by means of revolving brooms or approved mechanical sweeper, supplemented by hand sweeping if required. 4.1.2. TACK COA T:Tack coat shall be Grade RS·2 in accordance with the 1986 Specifications of the Florida Department of Transportation and shall be heated to such consistency that it can be pumped. It shall then be applied to the cleaned, patched and dry surface from an approved pressure distributor, by means of a .hand hose. The tack coat shall be applied in a cobweb design in an amount sufficient to properly insure adhesion and obviate slipping. Precaution shall be taken to prevent an excess of tack coat which might form pools. 4.1.3. ASPHALTIC WEARING SURFACE: The material used shall conform to the requirements for Type Sl Asphaltic Concrete Surface Course as specified in the 1986 Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 4.1.4. PLACING MIXTURE: The mixture shall be laid only where the surface to be covered is dry and only when weather conditions, have been determined to be acceptable by the assigned City of Miami Beach Engineer. 4.1.4.1. Upon arrival, the mixture shall be dumped into the approved mechanical spreader, and immediately spread and struck off to the full width required, and to such appropriate loose depth that when the work is completed the weight of mixture or thickness required per square yard will be secured. When waived by the Special Provisions, the mechanical equipment may be omitted and spreading accomplished by hand as hereinafter provided. The mixture shall be laid in strips such manner as to provide for passage of traffic. 4.1.4.2. Before any rolling is started, the finished surface struck by the machine shall be checked, any inequalities adjusted, all "drippings", (i.e. fat sandy accumulations from the screed, and all fat spots from any source, ---------. ···snalH.3e---r-emeves."-6R6--r-e[:llaees-'.,NitA--satisfaet0r-y--r-n.ater-iaIj-;---~----- 4.1.4.3. When machine finishing is used, an excess amount of mixture shall be carried ahead of the screed at all times. Hand raking shall be done BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 32 behind the machine as required and straight edging and back patching shall be done after initial compression has been obtained and while the material is still hot. 4.1.4.4. When hand spreading is permitted or when, in the opinion of the Engineer because of any project conditioning it becomes necessary to spread by hand, it shall then be immediately distributed into place by means of suitable shovels and other tools and spread with rakes in a uniformly loose layer of such depth as will result in a completed course of thickness required. The loose materials shall then be compacted with rollers or tamps. Hand work will be paid for at the unit price per ton as indicated in the Proposal. 4.1.4.5. Under no consideration shall mixture be laid wet, when rain is falling or when there is water on the base. The City of Miami Beach Engineer will determine if the mixture is acceptable, and if the base is suitable. 4.1.4.6. No skin patching shall be done, and when a depression is to be corrected while the mixture is hot, the surface shall be well scarified before the addition of fresh mixture. If irregularities occur greater than the limits herein specified, and are not corrected while the mixture is still hot, the irregularities shall be cut out the full depth of the pavement and replace with fresh mixture. 4.1.5. COMPACTING MIXTURE:' 4.1.5.1. After spreading as specified, the mixture shall be compacted with rollers as hereinbefore specified. The rolling shall be done in the f following sequence with equipment as shown. ·4.1.5.2. Seal rolling, using tandem steel rollers weighing 5 to 12 ton~, and following as close behind the spreader as is possible without pick-up, undue displacement or blistering of the material. 4.1.5.3. Rolling with self-propelled pneumatic-tired rollers, following as close behind the seal rolling as the mix will permit. The roller shall cover every portion of the surface with at least six (6) passes. (Note: This rolling is not required for asphaltic concrete binder courses). 4.1.5.4. Final rolling with the 8 to 12 ton tandem steel roller to be done after the seal rolling and pneumatic-tired rolling are complete, but before the pavement temperature has dropped below 140' F. This rolling shall be continued until all roller marks and tire marks have been eliminated. 4.1.6. MANHOLESNALVE BOXES: Adjust manholes and/or valve boxes by raising castings method. Final grade will be supplied by City surveyor. ----4'!A ... 7. ~R..-A:FF-!G--bQOPSi-RepI8ee--4-,--§,·-aAd-8-100ps-;--as--req!.:!iFeo-;-------.. ------------------ BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 33 4.1.8. ASPHALTIC CONCRETE PATCH WORK: 4.1.8.1. Areas to be patched will be a minimum of 100 sq. ft. and will be ready for tack coat and surface course. 4.1.8.2. Saw Cutting and Patching: Areas to be patched must be saw cut and squared off as directed by City representative (minimum of 100 sq. ft.). Asphalt to be removed down to lime rock base; base to be recompacted, either by roller or vibratory tamper. Area will then be tack coated and surface course applied and compacted. 4.1.9. MILLING OF EXISTING ASPHALT PAVEMENT: 4.1.9.1. Description: The work specified in this Section consists of removing existing asphaltic concrete pavement by milling to improve the rideability of the finished pavement, to lower the finished grade adjacent to existing curb prior tei resurfacing, or to completely remove existing pavement. 4.1.9.2. When milling to improve rideability, an average depth of cut will be specified in the plans. . 4.1.9.3. Unless otherwise specified, the disposal of the milled material becomes the property of the Contractor. 4.1.10. EQUIPMENT: 4.1.10.1. The milling machine shall be capable of maintaining a depth of cut and cross slope that will achieve the results specified in the plans and specifications. The overall length of the machine (out to out measurement excluding the conveyor) shall be a minimum of 18 feet. The minimum cutting width shall be sixfeet. . 4.1.10.2. The milling machine shall be equipped with a built-in automatic grade control system that can control the transverse slope and the longitudinal profile to produce the specified results. 4.1.10.3.Any commercially manufactured milling machine meeting the above requirements will be approved to start the project. If it becomes evident after milling has started that the milling machine cannot consistently produce the specified results, the milling machine will be rejected for further use. 4.1.10.4. When milling to lower the grade adjacent to existing curb or other areas where it is impractical to use the above described equipment, the use of .a smaller milling machine will be permitted . . -_~4!!-" ,~..n..s-.-::r:he-mimAg-maGb..ir:le-sb.a!!-be-e!;1uipped .... \M·ith-r-r.ear.$-t.Q-effe!?tiv-e!y-!imit-t-he~--· amount of dust escaping the removal operation. 4.1.10.6. For complete pavement removal, the use of altemate removal and BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 34 , crushing equipment, in lieu of the equipment specified above, may be approved by the Engineer. 4.1.11. CONSTRUCTION: 4;1.11.1. When milling to improve rideability, the existing pavement shall be removed to the average depth specified in the plans, in a manner that will restore the pavement surface to a uniform cross section and· longitudinal profile. The Engineer may require the use of a stringline to ensure maintaining the proper alignment. 4.1.11.2. The longitudinal profile of the milled surface shall be established on the side of the cut nearest the centerline of the road. The cross slope of the milled surface shall be established by a second sensing device near the outside edge of the cut or by an automatic cross slope control mechanism. The plans may waive the requirement for automatic grade or cross slope controls where the situation warrants such action. 4.1.11.3:The Contractor may elect to make multiple cuts to achieve the required pavement configuration or depth of cut. 4.1.11.4. The milling machine shall be operated to effectively minimize the amount of dust being emitted from the machine. Prewetting of the pavement may be required. 4.1.11.5. If traffic is to be maintained on the milled surface prior to the placement of the new asphaltic concrete, the pattern of striations shall be such as to produce an acceptable riding surface. The Engineer will control the traveling speed of the milling machine to produce a texture that will provide an acceptable riding surface. 4.1.11.6. Prior to opening an area which has been milled to traffic, the pavement shall be thoroughly swept with a power broom or other approved equipment to remove to the greatest extent practicable, fine material which will dust under traffic. This. operation shall be conducted in a manner so as to minimize the potential for creation of a traffic· hazard and to minimize air pollution. 4.1.11.7. Sweeping of the milled surface with a power broom will be required prior to placing asphaltic concrete. 4;1.11.8. In urban and other sensitive areas where dust would cause a serious problem, the Contractor shall use a street sweeper (using water) or other equipment capable of removing and controlling dust. Approval of the use of such equipment is contingent upon its demonstrated ability to do the work. 4.1.11.9. To prevent, to the greatest extent practicable, the infiltration of milled , -----------~ -matefla!-intc-the--storm---sevJer-systefn--~;,"'hen-the---mil Hng-operation l's,------· within the limits of, .and adjacent to a municipal curb and gutter or a BID NO: 15·11/12 DATE: February 6, ·2012 closed drainage system, the sweeping operation shall be performed immediately after the milling opl3rations or as directed by the Engineer. CITYOF MIAMI BEACH 35 4.1.11.10. This operation shall also include the thorough removal of all milled material from the gutter in such a manner as to protect the curb from damage and to prevent the material being ·swept into the inlet openings or inlet grates. The equipment and methods utilized to sweep the gutter shall be approved prior to beginning and may be changed or revised to achieve the desired results as directed by the Engineer. 4.1.12. MILLED SURFACE: 4.1.12.1. The milled surface shall have a reasonably uniform texture and shall be within 1/4 inch of a true profile grade and shall have no deviation in excess of 1/4 inch from a straightedge applied to the pavement perpendicular to the centerline. The variation of the longitudinal joint between multiple cut areas shall not exceed 1/4 inch. Areas varying from a true surface in excess of the above stated tolerance may be accepted without correction if the City's Engineer determines that they were caused by a pre-existing condition which could not have reasonably been corrected by the milling operations. Any unsuitable texture or profile, as determined by the City's Engineer, shall be corrected by the Contractor at no additional compensation. 4.1.12.2. The City's Engineer may require remilling of any areas where a surface lamination causes a non-uniform texture to occur. 4.1.13. METHOD OF PAYMENT: The quantity to be paid for shall be the area in square yards, over which milling is acceptably completed, as designated and noted in the plans, which will be supplied to the Contractor by the City. Measurement shall be the final dimensions measured along the surface of the completed work within the neat lines shown on the plans or designated by the Engineer. 4.1.14. BASIS OF PAYMENT: 4.1.14.1. The quantity, determined as provided above, shall be paid for at the contract unit price for Milling Existing Asphalt Pavement. 4.1.14.2. The price and payment for Milling EXisting Asphalt Pavement shall be full compensation for all work specified in this Section, including hauling off and stockpiling or otherwise disposing of the milled material. 4.1.15. MAINTENANCE OF TRAFFIC: 4.1.15.1. Work shall be conducted in such a manner that all str.eets shall be ·open to traffic'at night. Approved and sufficient barricades,. signs and lighting shall be maintained at all times for the safety of the public and traffic, and to insure that.no traffic will pass over the placed material for at least one (1) hour after it is spread. 4.1.15.2. Areas to be paved must be barricaded by the Contractor 24 hours prior to commencement of the work. BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 36 4.1.15.3. It will be the responsibilitv of the contractor to provide all barricades. signs. and lighting in accordance with the above stated requirements. The Contractor shall be responsible for providing an off-duty police officer, if necessary to complete job. BID NO: 16·11112 DATE: February 6, 2012 A written irrigation schedule will be provided by the Contractor and any operation of irrigation outside the previously approved scheduled time . must have the advance approval of the City. Contractor shall be responsible for controlling the amount of water used for irrigation and any damage or costs that result from over-watering or insufficient watering shall be the responsibility of the Contractor. CITYOF MIAMI BEACH 37 INVITATION TO BID (ITB) No. 15-11112 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 5.0 MINIMUM SPECIFICATIONS: GROUP 3 ASPHALTIC CONCRETEIRELATED MATERIAL TO BE PICKED·UP OR DELIVERED TO THE CITY 5.1 SCOPE OF WORK 5.1.1. ASPHALTIC CONCRETEI RELA TEO MATERIAL: Contractor will provide Asphaltic Concrete in place, conforming with the requirements for Type S1 Asphaltic Concrete Surface Course as specified in the 19B6 Florida Department of Transportation Standard Specifications for Road and Bridge Construction, as needed, complete with Tack Coat, and properly saw-cut at the following unit prices in accordance with the bid specifications. (Contractor to provide costs for type I, II and III) . 5.1.2. ASPHALTIC CONCRETE/RELATED MATERIAL ·TO BE PICKED·UP OR DELIVERED TO THE CITY: Contractor will provide Type 51, Type S2 and Type S3 Asphaltic concrete. Hot mix to be picked-up by City and Cold mix to be delivered, at the following unit prices in accordance with the bid specifications. BID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 38 INVITATION TO BID (ITB) No. 15-11112 FOR CONCRETE CURBINGfSIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETEfRELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 6.0 MINIMUM SPECIFICATIONS: GROUP 4 THE STRIPING OF CITY STREETS AND PARKING LOTS All striping must meet Miami-Dade County and Florida Department of Transportation speCifications. Contractor must provide a copy of the current Miami-Dade County and Florida Department of Transportation striping specifications upon request from the City's Procurement Division. 6.1 SCOPE OF WORK 6.1.1. STRIPING DESCRIPTION 6.1.1.1. Thermoplastic, 4" Solid Yellow !White 6.1.1.2. Thermoplastic, 4" Skip Yellow !White 6.1.1.3~ Themnoplastic, 6" Solid Yellow !White 6.1.1.4. Themnoplastic, 6" Skip Yellow !White 6.1.1.5. Themnoplastic, 8" Solid Yellow !White 6.1.1.6. Themnoplastic, 12" Solid Yellow !White 6.1.1.7. Thermoplastic. 18" Solid Yellow !White 6.1.1.8. Thermoplastic, 24" Solid White 6.1.1.9. RPM's 6.1.1.10. Directional Arrows 6.1.1.11. Handicap Logo & Blue Stripe (parking space) 6.1.1.12. Temporary Striping 6.1.1.13. Removal of EXisting Thermo Striping 6.1.2. Striping City Parking Lots: 6.1.2.1. Total Lots: 5Q each. Average Lot Size: 1,425 LF 6.1.2.2. Colors: Yellow!White 6.1.2.3. The City will provide a Survey and Lay-out for each Lot. 6.1.2.4. Stop Bars 6.1.2.5. Arrows 6.1.2.6. Cross Hatching 6.1.2.7. Disable Logo 6.1.2.8. Re-install Existing Concrete Car Stops 6.1.2.9. Disable Cross Hatching BID NO: 15·11/12 DATE: February 6, .2012 CITYOF MIAMI BEACH 39 BIdder pnMde more than twD dedma15 on the unit price, the Oty wt1I round the numberto the nearest hundrecfth. this Is two dedmal plKesttt mnsbtIng of furnIsIllnj: aU materials,. tabor. equipment, lind proftt. insuRlnce,. pennlts, Ind talleS tD complete the work to the fuD Intent B5 sflOWJJ or Indlmted In tbe The admlnlsbattve evalulltlon prva:ss wm anoate II talal ofslxty (60) points bitsed on the TOTAl BASE BID AMOUNT"'us nDIIl!o any. or aU be.selected attbe Oty's sole dIscrIItIon and bIrsed on funding avallab/Jlty. BkIdeIs mustfulty tompIete lfIe 5c:hedule of Prk:e5 BId Form to The cost ohm, Jmn(s) ofwork notawered by II spedflc mntnll;t unit price shaD be lnduded in the UIfIblict unit prke towhk:b lblt ERRORS ARE £RRORS WHICH MAY BE CORRECT£O B.,THE arY. GNE BOfH UNIfPRtCE pRICES MUST BE STATED IN UNfl5 OF QUANmY SJIEOF1ED rN lHEBIDDING SPECfFJCAlJONS. BIDDER AGREES THAT ANY UNIT PRia umo QUAN1ITY1~REQ~U~IREM~~ENIS~~IN~0ftD~~"~TO~AIIRIV£~~~~'~lH~E~=~"'-~'~N~CAS<~~O~F~O~1SCREP~~NiCY~~'N~CO~M~PUn~NCi~lH~'~_~ lH,UNITPRlC'SIIAIl.GOVEIIN. ~ ... . , ... , ... ... , .. AldRr'5AftlrmaUon: Wdtten Total: $4'646,892..00 -Four million six hundred forty six thousand eight hundred ninety two dollars and zero cents. Company: H .• R PaVing, Inc. Add_ 1955 NW 1l0th Ave. Mi~mi, FL 33172 T_~~ 305-261-3005 ::;z~ TftIe/Prfnted Name: Raul Gonzalez President , ",l,."'.': ., ;'~.: . ; basis, aspnaltic concrete/related matert.J1s furthe CIty of Miami Beach In Clccordante with the Bid Specifications. ContrnctorwUI reqUIrements for Type. 51 Asphaltic: Coru;nrte SUrface CoUr.Ie as specified in the 1986 Florida Department of Bridge Construction, as needed, complete with Tade COat, and properly saw-cut at the following unft prices in I • . !'.:' Contreetor proposes to furnish alt laixlr, material, equIpment, netess8ry to deliver <lind Install on an as-nt:eded basis, Asphaltic/Related Materials forthe Oty of M"l<Iml Beach in accordance with the Bid Asphaltlc conerell:! in place, amfarmingwith the requirements forType Sl AsphaltIc Concnrte Surface Course uspedfied in thll Qlhstrut:tion, iIS needed. compkrte with Tack COatyand properly saw-cut at,the spedfic;ltion:o. furtype 1,.11 and III) Contractor will pn::nride Type S1. Type 52 and Type 53 by atvand cold ,-." '. "" Contractorwin meet Dilde County and Florida Department ofTr.lIIsportation Specifications atthe fol1awing COntradtlrproposes: to furnish all labor, material, equipmentsupervi:slon and trensportation necessary to deliver lots, and related materlalsforthe CIty of Miami Beach In accornancewith the BldSpel:fflcatiohS. 7.0 -DOCUMENTS TO BE COMPLETED AND RETURNED WITH PROPOSAL SUBMISSION BID NO: 15-11/12 DATE: Fe.,ruary 6, 2012 [PAGE INTENTIONALLY LEFT BLANK] -, CITYOF MIAMI BEACH 44 XXX 1. XXX 2. 3. 4. XXX 5. 6. XXX? XXXB. XXX 9. INSURANCE CHECK LIST Workers' Compensation and' Employer's Liability per the statutory limits of the state of Florida. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and contractual l1)demnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). Automobile Liability -$1,000.000 each occurrence -owned/non-owned/hired automobiles included. Excess Liability -$. ____ . 00 per occurrence to follow the primary coverages. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. Other Insurance as indicated: _ Builders Risl< completed value $ .00 _ Liquor Liability $ .00 _ Fire Legal Liability $ .00 '_ Protection and Indemnity $ .00 _ Professional Liability $ .00 _ Employee Pishonesty Bond $ .00 _ Theft Covering Money and/or Property Of others $ .00 Thirty (30) days written cancellation notice required. Best's guide rating B+: VI or better, latest edition. The certificate must state the RFQ number and title PROPOSER AND INSURANCE AGENT STATEMENT: We u,Werstand the Insurance Requirements of these specifications and that evidence of this insurari'ce may be required within five (5) days after Proposal opening, Selected Proposal's ' failure to procure or maintain required insurance program shall constitute a material breach of Agreement under which City may immediately terminate the proposed Agreement. BID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 45 H&RPAVI-Or1~==S=TW=IG,,:G.::.S=, CERTIFICATE OF LIABILITY INSURANCE I DATE (MWOONYYV) 112412012 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 15 an ADDITIONAL INSURED, the policy(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 canier rights to the certificate holder in lieu of such endorsement(s). . PRODUCER Collinsworth, Alter, Fowler & French, LLC 8000 Governors Square Blvd I rA~gN.ro "1),(305) B22-7BOO Ir~.N~' (305)362-2443 Suite 301 Miami Lakes, FL 33016 INSURED H & R Paving Inc. 1955 NW110th Ave Miami. FL 33172 IN5URER(S)AFFORDING COVERAGE NAIC# INSURERA;Travelers Indemnity Co. of America INSURER B : Charter Oak Fire Ins Co 25615 INSURERC: INSURERD: INSURERE: INSURERF: ('n\l,,"'~r.:I=" ~ ~ ,_NlJMBER: TNH6fc~"rl~ C~=HT,rr'~ri~~ ANY REQ~~:~~T. TER~~'i~oNDIT;ON~~~ ~~~ b~~i~~~ 6~E6THER DOCUMENT WITH' ~:p:~~gL:;6~~~~ CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAffijIM"S'j-' -------,:=c------., I 'Ef'B' TYPE OF POLICY NUMB'R ~ UMITS ~"oo."-. I. A X 0..".0 L~BIUTY "~,, 5/1/2011 51112012 ~ I. I CLAIMS-MAOE [KJ OCCUR",ED EXP iAov' I $ IBid f-~".,-t",x='c·u Coverage Inci $ ~~OUCY r l ~~g; '"FlS L:C" ' AGG ; ~U~UM" 'OF 15-11112 (Attach ACORD 1D1, Additional Rlilmiloo. Schedule, If more space is IlIqul~) ~Y' BODILY INJURY, EACH $ $ , • • i E,L. DISEASE-I I I I S Construction,Purchase of Asphaltic ConcretelRelated Materials Striping of City Streets and Parking Lots 1 D,OO! -------G~R.:y:!F-!CAT-5 ,",O'=Q-ER City of Miami Beach 1700 Convention Center Dr. Attn: Theo Carrasco IMiami Beach FL 33139' ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TH5:R5:0F, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE dl/W © 1988-2010 ACORD CORPORATION. All fights reserved. The ACORD name and logo are registered marks of ACORD , CERTIFICATE OF LIABILITY INSURANCE I 1/24/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON _THE .cERTIFICATE Hnl.nFR, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY 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, ""run M"" If the, ~.' ' , hOI~ .. r Is an ~"u, ~-'~N"L , 'he ) !"U,S' be , If I IS ',s~!,j:ct,to the terms and I i :,f th~ pol~cy, certai~ may require an endorsement. A statement on this certificate does not confer to the ,lieuof such·, PROOUCER ~ David M. Lopez Eastern Insurance Group, Inc.· ~n:J3P5) 9570 SW 207 Avenue li~.~.", ''"'' Suite 104 Miami INSURED FL 331.75 "."'OFOA'''' A, .<",,1A Em"'nv~r" H & R Paving, Inc. 1955 NW 110 Avenue 1---------- - UABJLITY - ANY AUTQ -ALL OWNED -SCHEDULED -AUTOS -AU10S NON-OWNED I--HIRED AUTOS -AUTOS UMBRELLA WAB ~~CCUR I--exCESS LlAB OED 1 I A , WO'KERS ~~;~:nNH) ,;rJ.!!, LI , lb.ow "NSURER c, I INSURER 0, I'NsU".E, GENERAl-" , . j' , , " .. , , , I' ~ I' 1-' I' EACH' I. I. I. X IUJ~' INIA E.L EACH, I. 1830 -4 9896 ,,2/'.'""' ,."'012 , EL D'SEASE -, I. ' E-'-D'SEASE I. NAiC' 1.000,000 1, 000, 000 1,000,000 ",",: "C ; (A~h ACD.~ j,: o£ ~J ~~c concrete/Related Materials and Striping of City Bid, No., ~5-11/~2 CERTIFICATE HOLDER ei ty of Miami Streets and Parking Lotan Beach 1700 convention Center Drive Miami -Beach I FL 33139 ! - CANCELLATION .------", SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A.UTHORIZED REPRESENTA.TIVE David Lopez/AMANDA t ~ - © 1988~2010 ACORD CORPORATION. All nghts reserved. ACORD 25 (2010/05) INS02S/:?n1nni'il n, 'Th", fl.r.:n~n n:::orn.o. :::onrll,..,n,.., :::or.o. r.o.nic:t.o.r .. ti m:::orlr"",..,f lI.r.nRn I PROPOSER INFORMATION Submitted by: Proposer (Entity): I Signature: -.l.~",..,~"","¢...4,;o.c:.=--""'~::;;;;~:"'--------_______ _ Name (printed):' (.I../kJlL Go N Address: {q 5"f N vi A 1 fJ,+v'E . City/Statfl: __ jV{_~-=/t7Vt,---_{ --,-_f=-_, _L_----"'3:....=3_1!-.-7_2... _____ --'- Tfllflrhone: 30-J--U {-:3&8..1 Fax: 30{""-.,-q?-.--~ ~fJ7r E-mail: _?t-"., _b--=e-----'@.-=£)---'-=-h--'-("ff-f((.--'-',v'--'--'---'--11 t-b-'<e-' --=~=-.:...:.-' .:...J' ____ _ It is undflrstood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items, or 'any items according to the best interest of the City, and to waive any irregularities in the RFQ or in the Proposals received as a result of the RFQ. It is also understood and agreed by the Propo,ser that by submitting a proposal, Proposer shall be deemed to understand and agree than no property intflrflst or Iflgal right of any kind shall be created at any' point during the aforesaid flvaluation/sfllection process until and unless a contract has been agrfled to and signed by both parties. (Printed Name) P fLe; { '0 E'7JT BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 46 INVITATION TO BID (ITB) No. 15-11/12 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this ITB: ( -fi.-( Addendum No.1, Dated 5 ArJ z,r -I~ 41- J Addendum No.2, Dated __________ _ AddendumNo. 3, Dated __________ _ Addendum No.4, Dated ____ --'. _____ _ Addendum No.5, Dated _________ _ Partn: __ -,-No addendum was received in connection with this ITB. Verified with Procurement staff )f e.s " . . ~(.//~J.rc_Ak7-.. Name of staff Proposer Name , s~ BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 47 Date ·&8 (~-0-/2D4'Z- Date I I TO: City of Miami Beach. City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 DECLARATION Submitted this ~ ~ day of =t=Ei? R-1I~ ,2012, The undersigned, as propose, declares that the only persons interested in this proposal' are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is ac<::epted, to execute an appropriate City of Miami Beach document for establishing a formal'contractual relationship between the consultant and the City of Miami Beach. Florida, for the performance of all requirements to which the response . pertains. The Proposer states that the response is based upon the documents identified by the following number:ITB No. 15-11/12, BID NO; 15-11112 DATE: February 6. 2012 CITYOF MIAMI BEACH 48 .~~ ({IN L GetJ 2.kLez-- PRINTED NAME e~e:; iOeAll TITLE (IF CORPORATION) , , , SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to (I.; [print name of public entity] ~/hJL fieN z-4-L ez-/J(l...f:?5 ;P~J By ______________ ~~~~~------~~~~~--~~~~~--- r L J ~ [print. individual's name and title] For _t:I..LL~+t--...!....l"",~~PA~v'!.....'.j N~G,--,,~-=7:~,...[~c.====-,-, ___ _ [print name of entity submitting sworn statement] Whose business address is ~qr.r-f\1 VI! d--( 0 ME. Mr?f1/l { i 'F L-33172- .91"'((015'2... And (ifapplicable) its Federal Employer Identification Number (FEIN) is (If .the Entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:.-:-_-:-______________ -:-~---). I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Sfatutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction 'of business with any business with any public entity or . with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crirne, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a); Florida Statutes, means: 1) A predecessor or succe~sor of a person.convicted of a public entity crime; or , 2) An entity under the 'control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the IIICliToBclllt:lli. of all atfi"nolC. Ttj~ O\lvlierstrtp-by~e tJarsofJ \..Jf""S-rTan::!'S-I....'u,I::,UtatiITg~---~- a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted BID NO: 15-11112 DATE: February 6, 2D12 CITYOF MIAMI BEACH 49 of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or seNices let by a public entity, or which otherwise transacts or a plies to transact business with a public entity. The term "person" includes those offic ,directors, executives, partners, shareholders, employees, members, and agents ware active in management of an entity. Base on information and belief, the statement which I have marked below is true in relat' n to the entity submitting this swom statement. [Indicate which statement applies.} _-,--_Neither the entity submitting this .swom statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who' are active in neither the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity or an affiliate of the entity has been charged with and convicted of-a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. r ALSO UNDERSTAND. THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATIO CONTAINED IN THIS FORM. Sworn to and subscribed before rne this Personally known -to I-'\.€,,". (Type of Identification) x ,-6 day of FE)3~(jA-.e-d='~'Z-- -NC'tar:r~·t1-blir. ... --St:rl:e-c-f-=~=l~, ~-={==;:=:---=:------ .10/ '2{ /'Zt;.{;;-r ) My commission expires (Printed typed or stamped Commissioned name of Notary Public) BID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 50 ry Public State of Florida Jose Alberto Chagoyen- Lucas My Commislilion EE112930 QUESTIONNAIRE AvE. Official Representative:' ~ IN L . bON ZA-{,f?2-IPt2.. e:s I 'DENT Individual P ershi (Circle One) Corporation If a Corporation, answer this: f'It. When Incorporated: . kG; Aq- In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Nsme: Vice-President's Name: Treasurer's Name: BID NO: 15-11/12 DATE: February 6,2012 - - - CITYOF MIAMI BEACH 51 fN L . G rJt/ 'UVLA,:.."'7.- Members of Board of Di[S: _ . J • If a Partnership: -- Date of organization: General or Limited Partnership': - Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years, of relevant. experience in operating same or similar business: ""3 y ~p g . .. 2. Have any agreements held 9Y Proposer for a project ever been canceled? Yes ( ) No ({1 . . If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer. refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: ..-NO- 4. Has the· Proposer or any of its principals ever been declareq~ruPI or reorganized under Ghapier 'j 'j or put mto recelvershlp'!'y ~~ ( ) Nu t;j'---~------- If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 52 5. Pe !nor persons interested in this RFQ and Qualification Form have ( ) have not (~~~n convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: .A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: ,JoNf C. List any criminal violations andlor convictions of the Proposer andlor any of its principals: NON( 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this Proposal: (If none, state same.) . rJ 0 is( 8.. Public Disclosure. In order to determine whether the members of the Evaluatfon Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer andlor individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall inGlude public. relation firms, lawyers and lobbyists. The ProCtJrement Division shall be notifieditl writing if any person or entity is added to this lis! after receipt of Proposals. BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 53 ATTACHMENT A -REVISED QUESTIONNAIRE FORM For Concrete Curbing/Sidewalk Construction, Purchase of Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots ITB # 15-11/12 CONTRACTOR'S/ BIDDER'S QUESTIONNAIRE NOTE: Information supplied In response to this questionnaire is subject to verification. Inaccurate or incomplete answers may be grounds for disqualification from award of this bid. ~=-==~====~~~~~~~~~~~~~~_ c Principal Office: FL 33{'!Z How many years has your organization been in business under the current business name? '3 b. Cft:~ f Does your organization have cuFccupational contemplated in this Contract? please state license(s) type and number: licenses entitling it to do the work/service {;F4t,oG7177-(, Include copies of above licenses and certificates with bid_ , '30'1 330 -q Have you ever had a contract terminated dueto failureta camplywith contractual specifications? Afo- Ifso, where and why? ______________________________________________________ ___ .- In what other lines cif business are you financially interested or engaged? __________________ _ -NotJtF--, Is the busines>6.1l,ty a ~mi-based Vendor? Yes No (I/' ' If Yes, please submit a copy of a Business Tax Receipt issued by the City .of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. Is the business entity owned by a certified service-disabled veteran, and or a small business owned and controlled by vetera~s, defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 200 and cited in the Database of Veteran-owned Business? Yes ( ) No ( Vendor Campaign Contrlbution(s): a, You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, bueiness trust or any legal entity other than a natural person. -rJOrJ~- 'b. Individuals or en"~s (including our sub-consultants) with a controlling financial interest: ___ have '\{'\ave not contributed to the campaign either directly or indirectly, of a candidate, who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made, I HEREBY CERTIFY (SEAL) ____________________ (SEAL) ITS 15-11/12 -Addendum 1 January 25,2012 The Proposer understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed contract, and such information is warranted by the Proposer to be true and accurate. The Proposer agrees to furnish such additional ·information, prior to acceptance of any Proposal relating to the qualifications of the Proposer, as may be required by the City Manager. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, through the Miami Beach Police Department. By submitting this Questionnaire the Proposer agrees to cooperate with this investigation, including but not limited to, fingerprinting and providing information for a credit check. . PROPOSER WITNESS: IF INDIVIDUAL: - Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firro · . Print Name Address -By: ___________ _ (CORPORATE SEAL) BID NO: 15-11/12 DATE: February 6,2012 By: )c. ~L CITYOF MIAMI BEACH 54 General Partner President 6tJtJ2-kL r=2../ fl2..e?5(Dea.JT Print Name MIAMI BEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information J. () ... Name of Company: -~rb~---'1r---,tt---=---,-P_M--( ,..j_IO",-,/ __ ::t:=N---._c __ , ___ -'-' ___ _ /lJ.! ,..-!l;; 0 {L (' G II f?Z- NameofCompanyConrnciPeffion: ________ ~~~~~~--------------------~------_.--------- Phone Number;;O(U~ '319 0 5 Fax Number: ~CI..r.r?f2'0"7'i E-mail, a-'O e €-.bn2t.< V'"1' ~ I Vendor Number (if known): --FederallD or Social Security Number: 59 -/ (p 9 D /s ~ Approximate Number of Employees in the U.S.: Z~ (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaini.ng agreement or union trust fund?_Yes ~ 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 membeffi of the public on the basis of the faci or perception of a peffion's membeffihip in the categories listed below? Please note: a "YESn 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. o Raca ~ Yes -No o Sex o Color . {Yes -No o Sexual Orientation o Creed {yes No o Gender Identity (transgender status) o Religion {Yes No o Domestic partner status o National origin {yes No o Marital status o Ancestry {Yes No o Disability o Age V Yes No .0 AIDS/HIV status o Height lyes No o Weight > ~ B. Does your company agree to insert a similar nondiscrimination provIsion in any subcontract you enter into for the performance of a substantial portion cif the contract you have with the City? ~~-----~-------r:eaSe iiOle: you i'i"iu:;t <J:rcwc~ thi~:,;tioi1, oven if ibU dOirOtinteTi"t!"to Sr Iter L !ro--anY'SUbrontrac'~kr. ---~----~ {yes No BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 55 Question 2. Nondiscrimination -Equal Benefits for Employees with Spouses and Employees with Domestic Partners 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. ~II your. company provide or offer access tq any benefits to employees with spouses andlor to spouses .J ~employees that may be assigned to work on "the City of Miami Beach contract? _ Yes_ No B. Will your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners· or to domestic partners of employees that may be assigned to work on the City of ~ami Beach contract? . _ "-Yes_No 'The term Domestic Partner shall mean any two (2) adults of the same or different sex, who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal 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 govemmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach 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. If you answered "YES" to either or both Questions 2A and 28, please continue to Question 2C below. C. Please check all benefits that apply to your answers above and list in the 'i:>the~ 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 sp<?use or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No, this Documentation of this EmPIOYf.-with with Domestic Benefit is Not Benefit is Submitted Spa s Partners Offere.d with this Fonm Health ~ 0 0 Dental - 0 0 Vision 0 . 0 I!'"': 0 Retirement (PenSion, 0 0 V,.. 0 401 (k). etc:) Bereavement 0 0 at,.. 0 Familv Leave 0 0 <Y 0 Parental Leave 0 0 '1',.. 0 Employee Assistance 0 0 tV 0 Program Relocation & Travel , 0 0 l( 0 Company Discount, 0 0 'If/ 0 Facilities & Events Credit Union 0 0 ~ 0 Child Care 0 0 rJ{ 0 Q.t!:ter n 0 n , ~ . _. . .. Note: If you cannot 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 BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 56 completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager, or his designee. Section 3. Required Docu!llentation 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 e_x~mpJe, to doqument 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? ·bes _ 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 J am authorized to bind this entity contractually. ~-fI.:. 'C , J, • Executed this -day of r Er3 , in the year '2l>..fz.-, at Y\ '41"'(1l FL ~ ="~ - t If1,JL GotJz-,.fkz- Name of Signatory Title BID NO: 15·11112 DATE: February 6, 2012 '-- ~q£'r tJW.{.{OAI/5". Mailing Address tv(rit!-H, , FL 3317z... City, State, Zip Code CITYOF MIAMI BEACH 57 , , MIAMI BEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION' Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: A. Have taken all reasonable measures to end discrimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The hames, contact persons and telephone numbers of benefITs providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3, Copies of any written response(s) you received from such benefits providers, and ifwritten responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in beneftts. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. +tt e. fA-vi,JG" J.-NC. Name of Company (please print) Mailing Address of Company t,~ ({ IkJ L Go f.J ?.-A·-L l?Z- Name of Signatory (please print) BID NO: 15-11/12 DATE: February 6, 2012 K /I+H-i FL 33172 City, State, Zip 30.{"- Telephone Number +e-B / ~ ~ I ~-1''2- Date ::; J CITYOF MIAMI BEAC.H 58 Definition of Terms A. Reasonable Measures The City of Miami Beach will determine whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not possible for the City Contractor to end discrimination in benefits. A determination that it is not possible for the City Contractor to end discrimination in benefits shall be based upon a consideration of such factors as: 1. The number of benefits providers identified and contacted, in writing, by the City Contractor, and Written documentation from these providers that they will not provide equal benefits; 2. The existence of benefits providers willing to offer equal benefits to the City Contractor; and 3. The existence of federal or state laws which preclude the City Contractor from ending discrimination in benefits. B. Cash Equivalent 'Cash Equivalent" means the amount of money paid to an employee with a Domestic Partner (or spouse, if applicable) in lieu of providing Benefrts to the employees' Domestic partner (or spouse, if applicable). The Cash Equivalent is equal to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash Equivalent. The cash equivalent of the following benefits apply: A. For bereavement leave, cash payment for the number of days that would be allowed as paid' time off for death of a spouse. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. B. For health benefits, the cost to the Contractor of the Contractor's share of the single monthly premiums that are being paid for the domestic partner employee, to be paid on a regLiar basis while the domestic partner employee maintains the such insurance in force for himself or herself. C. For family medical leave, cash payments for the number of days that would be allowed as time off for an employee to care for a spouse that 'has a serious health condition. Cash payment would be in the form of wages of the domestic partner employee for the number of days allowed. BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 59 -, February 6, 2012 Cristina Diaz Contracts Compliance Specialist City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 . Sent via electronic transmission cristinadiaz@miamibeachfl.qov 1955 NW 110 Avenue Miami, FL 33172 Ph: (305) 261-3005 Fax: (305) 592-6079 www.hrpaving.com Licensed and Insured RE: Reasonable Measures Application supplemental Please be advised that we have contacted our current insurance provider which is Coventry and· they do not have available the Domestic partner benefit for our group plan. Although we have more than 50 employees working at the company we have only a small amount under our current health insurance plan. We are considered a small business for health insurance purposes. Upon renewal we will be revisiting the options available to ascertain the Domestic partner application. Also, we are willing to take Reasonable Measures for non-discriminatioh in Contracts and benefits. If we are unable to do so through the insurance we intend to offer a cash equivalent to employees for whom equal benefits are not available. If you need any additional Information please reach me at .305-261-3005. Thank you in advance. Sincerely, , Abe Rodriguez FINANCIAL DESIGNS, INC. Insurance and investments for husinesses and entrepreneurs Amy Gonzalez H & RPaving 1955 NW 110 Ave Miami, FL 33172 Re: Domestic Partnership for Group #8410510001 Dear City of Miami Beach: This leltel· is to confirm that Domestic Partnerships are not acceptable as dependents· for our current group health plan with Coventry Healthcare of Florida. Upon renewal, we will be happy to offer coverage if we have enough employees covered to qualify. Please let me know if you have any other questions or concerns. Ilfi.Siilddr Group Health Office Manager . fteRistered Repres!ntotive of and Set;lIrilies a/fered IhrouglJ, ING Financial Partners. tnc. ~ Memb~r of SIPt FInancial DesIgns, Inc. is not a .subsidiary of I1Gn controlled by lUG fjn~rn:lal hrtner~, Jn~. 8000 NW 7 ST, ~ 201. Miami, FL 33126· T 786.388.0030 F 786.388.0050 WWW.FINANCIALDESIGHS.NET MIAMI BEACH CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory beneflls will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: - BID NO: 15-11/12 DATE: February 6, 2012 -, CITYOF MIAMI BEACH 60 , B. Administrative Actions and Reguest for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Direotor, upon the written request of the City Contractor. Administrative steps may include, but are not limned to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefrts may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining. agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless ·otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the CRy is entered into. For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefITS are not available. BID NO: 15·11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 61 -, I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. +f-~ &-P,41/ frJb; I :J:;.. rJ c . ·Nameof Company (please print) -1Q5"') ",VI d1fJ Ave: Mailing Address of Company x~~ s~? (l.-INL Go rJ 2.A!L-~-z.. Name of Signatory (please print) Title BID NO: 15·11112 DATE: February 6, 2012 tt1;4-H C' I +:-L "33(?z. City, State, Zip Telephone Number h-B/t ~ /~1Z. Date I I CITYOF MIAMI BEACH 62 , SECTION VJJI-PAST PERFORMANCE SURVEY (9 M.lAMIBEACH City of Miami Beachr 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov PROCUREMENT DIVISION Tel: 305·673·7000 ext. 6230, Fax: 786·3944624 Date: ____________ _ To: _____________________________ _ (Client' s Name) Individual Providing the Survey Response: ___________ '-___ _ Phone: ___________ _ Fax: E~mai-I:------------- ( Subject: Performance Evaluation of __________________ _ Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information on contractors that have provided concrete curbing/sidewalk construction and striping of city streets and parking lots. The information will be used to assist City of Miami Beach in the evaluation of a contractor for services performed for your agency of company. The company' listed in the subject line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following document and answer the questions to the best of your knowledge. Should you have difficulty understanding the question's meaning, please provide your best judgment as to its understanding ~nd score accordingly. Please return to Theo Carrasco by February 6, 2012, via fax to 786.394.4624 or e-mail theocarrasco@miamibeachfLgov. ~ Thank you for your time and effort. '(t- Gus Lopez, CPPO Procurement Director BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 63 e MIAMIBEACH Crty of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachf!.gov PROCUREMENT DIVISION Tel: 305-673·7000 ext. 6230, Fax: 786-394-4624 PERFORMANCE EVALUATION SURVEY ITB 15-11112 Date: _______ _ Company Name: _________________________________ ___ Point of Contact: Phone and Email: Please evaluate the performance of the company (1 -poor; 10 -excellent). NO CRITERIA UNIT SCORE 1 Abilijy to manage the project cost (minimize change Dloers) (1-10) 2 Abilijy to maintain project schedule (complete on-time or early) (1-10) 3 Quality of workmanship (1-10) 4 Professionalism and ability to manage (includes responses and prompt (1-10) payment to suppliers and subcontractors) 5 Close out process (no punch list upon turnover, warranties, as-buills, (1-10) operating manuals, tax clearance, etc. submitted promptly) 6 Communication, explanation of risk, and documentation (1-10) 7 Ability to follow the users rules, regulations, and requirements (1-10) (housek~ping, safety, etc ... ) 8 Overall customer satisfaction and hiring ·again based on performance (1-10) (comfort level in hiring contractor aliainJ. Overall Comments: Company providing Referral: -------------=---------"""70~--- Contact Name: _~~~---------~-~. _________ ~-~. __ ___ Contact Phone and Email: ______________________ _ Date of Services: -----~=--::-;-------------__;:---------__:;::-c-:---: Dollar Amount for Services: Please return this questionnaire to Theo Carrasco by February 6, 2012, via fax to 786.394.4624 or e-mail theocarrasco@miamibeachfl.gov. BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 64 M1AMl b~~lN~b ~W SECTION V111-PAST PERFORMANCE SURVEY ,G MIAMI BEACH City o! Miami_II,. 1700 ConvOnlioo C.nlor D, .... Miami booch, ,I.dd. 33139, www.mtomlb •• ,hll.gav PROCUREMl:NT DMSION rei, 305<173-7000 oJCI. 6230, F"", 78(>.3944624 Date: ,j"'AtJ 1'30 -tit. I~ ,,(2- To: X C-:114' o.f M i; M ~ S:p rt' ';;llS , ,'(Client's Na l Individual Providing the Survey Response: X '{Zo'S; + q r:+ e ( n g nJJ~ z Phone: X 305 205-5170 eM' 4-z:z. g ~~~ail: * ~~;Z~nJ ?JMI"-M', ~riV\!jS~FL.G¢V SUbJEld: Performance Evaluation of' H t R fk. V IN G J .x..,..J c.. Number of pages including cover: 2 , To Whom It May Concern: The City of Miami Beach has implemented a process that coOec!s past performance information on contractors that have provided oonorete curbingisidewall< cDnstruc1lon and striping of city streets and parking lots. The Information wJ1l be used to assist.City of Miami Beach in the evaluation of a contractor for sElNices performed for your agency of company. The company Rsted in the subject line has chosen to participate In this program. They have listed you as a past client that they have done work. for. Both the company and city of Miami Beach would greatly appreciate you laking a feW minutes Qut of your busy day to complete the aocompanying questionnaire. Please. review ali' items in the following document and answer the questions to the best of your knowledge. Should you have difficulty understanding the question's meaning, please provide your best judgment as to its understendingand score alloordingly. Please m!um to Ibeo ~rrasco by February 6. 2012. via fax to 786.394.4624 or e-mail lheocarrasoo@miamibeachfl.gov. -Thank you for your time and effort:: (1- Gus LoPez, CPPO ~~~~~~·Procurement-E:irector---------- BID NO: 15-11112 DATE, Febru~ry 6, 2012 CnYOF MIAMI B&ACH 63 ~At.:It.. t:J1/11:L ce MIAMI BEACH City of MI"",; Baach. 1700 CQnv",,(ooo C •• ler Drl .. , Mlomi Boa,", Plorld. 33 I 39, www, .. iamlb,oohA.goy PROCUREMENT DIVISION Tol: 305-673·7000 .><t, ~~30, f.", 766-39.01.4624 PERFORMANce EVALUATION SURVEY ITa 1&.11/12 ~ate: .. :2.1 c, !I'~- Company Name; __ JL.....:I:L~ ~1~;:.1<.:LJ~~';4~V~'~ioJ~G~L' ":::7""7-.::. :::::!:N~C:::.-...:..... ___ _ Polntof.Contac:t: _-'/iB?'-'----" ... __ ,e.-"(!)-=.l>'T-'e::..;/_'G'.;.......{/_~"':_"z...,"---____::__------ Phone and Email: _....:;(A--'-J."...::e-=-->~"""'--'h~r-,l'/.J."'--~_· _1/_;_/27ik,,--'_~ ______ _ ~ (j Please evaluate the performance of the company (1-poor: 10 -excellent). NO CRITERIA UNIT SCORE 1 AbiHly to Il1I!lnage the project r:ost (minimize change orders) (1-10) 10 2 Ability Ie maintain pro]eo1 schedule (complete on-time Dtearly) (1-10) /0 3 Quafrty of workmanship (1.10) \D 4 PlOfessiDnalism and ability to manage (iI'Icludes responses and prompt I·payment to StiDPIiets andsubconlractorsl .. (1-10) 10 5 Close oul process (no ·punch list upontumover. warranties. ss-bullls. (1-10) to ! opera!lI'l9.manusls, taK clearance etc, submitted PJOmpt\y) 6 Communication, eKPlanation of risk, and documentation (1-10) 10 7 Ability \l) follaw the users I lhousekeepilll:l.~, e\C .. ~) rules, regulations, and requirenmnts (1-10) 10 8 OVerall oustomer satisfaolion and hiring again based on perfonnanc:e . (comfort level in hiring contm.ctor again) . (1-10) IV OVerall Comments: Company prOviding Referral: CJ~ of til\. \G! W. i >e! I' :S Contact Name: ]?os.iL8ec(lI;,VlJez.. i'".c ~.::?~~-'--"''-'''''o. Contact Phone and Email: l1ect\<i\l'\!J,e .... r@lIIl \..g\-OO.:':-' -=>t:7.-"~'-"'-"-'L-;;-..:-O;"1f-;;---;:- Date of ServIces; "7 '-I 0 0 0 '\-tAve.oI ~~-~~-Do!!ar Amount Services: Plea. return this questionnaire -to ThaaCarralico by February 6, 2012, via fax to 786.394.4624 or e·mail1he0C8ITa§Co@miamibeaobf!.goy. BID NO: 15-11112 DATI:: February 6, 20'!2 CITYOF MIAMI·BEACH 64 SECTION VJII-PAST PERFORMANCE SURVEY C9 MIAMI BEACH City of Miami Beach, 1700 Convention Cenler Drive, Miami Beoch. FbrldtJ 33139, www.miomibeochfl.gov PROCUREMENT DIVISION Tel: 305·673·7000 ext. 6230, Fax: 786.3944624 Date: ~4t-S f. '30 -t"-/ "2.,...p ;( z... II To: X K (4+1 l -.DA-DCE'" ~v,J~ (Client's Na,r) .. ,; j Individual Providing the SU~Y Response: ..;";..><:--1>-_ .t).t)_'<:::!--tt~'-'_;_'_? __ f"-"-"·(oY)~.'-!...I<Z.5-=· ",.=.:ic..;..;''l;..·..=C Phone: X 2>0 s: -::. 75 -2( ( I Fax: ~. '.3'tf.r-'3"1r..,.. 'Z-?3,( . E-mail: MOl) fe-H@mlclmfdadq ',f0 II' H f R . f!tt-II I 'rJ G J ..I:."J c. . Subject: Performance Evaluation of Number of pages including cover: 2 . To Whom.!! May Concern: The City of Miami Beach has implemented a process that collects past performance information on contractors that have provided concrete curbing/sidewalk construction and striping of city streets and parking lots. The information will be used to assist .City of Miami Beach in·the·. evaluation of a contractor for service.s performed for your agency of company. The company listed in the subjeCt line has chosen to partiCipate In this program. They 1)l!)lE!. listed you as a past client that they have done work for. Both the company and City of MI\l.IT\1 Beach would greatly appreciate you taking a few minutes out of your busy day to complete .. t!;1El accompanying questionnaire. Please review aU· Items in the following document and answer the questions to the best of your knowledge. Should you have difficulty understanding the question's meaning, please provide your best judgment as to its understanding and score accordingly. Please return to Theo Carrasco bv February 6, 2012, via fax to 786.394.4624 or e-mail' theocarrasco@miamibeachll.gov. "[hank you for your time and effort. (~ Gus Lopez, CPPO Procurement Director BID NO: 15-11112 DATE: February 6, 2012 , , ClTYOF MIAMI BEACH 63 I ! I I t I l . i. j I I f +- (9, MIAMIBEACH CIty of Mf(Smi Beath, 1700 Convention Canter Drive, MiamI Beach, Florida 33139, www.miamlbeachfl.gov PROCUREMENT DIVISION Tel: 305·673·7000 ext. 6230, Fox: 766-39.4.4.624 PERFORMANCE EVALUATION SURVEY c.ue ! ITB 15-11112 Date: 02./0 { ~ 2. Company ;:m/ . Jd: t R f7A (/ (AlG , ~C . Point of Contact: . A b-e. r &-r fl-o 12e Phone and Email: 305 -Z~( -3005 <, 61 b ~(i,) h r C~LJ I 11. &i I CO ",·LIt • Please evaluate the performance althe company (1 -poor; 10 -eXcellent), ,NO CRITERIA" 1 Atiility'-Io manage the project cost (minimize. change orders) 2 AbiJily to. maintain praJect schedule (complete on-Ume o.r early) 3 Quality of workmanship 4 Professionalism and ability to. manage (Includes responses and prompt payment to suppliers and subcontractors) . , Close o.ut prccess (no punch 'list upon turnover, warranties, as-builts. .5 cperating manuals, tax clearance, etc, .submttted prcmptly) 6 Communication, explanatio.n o.f risk, and documentation 7 Ability to follow the users (housekeepinQ, safetv. etc,j- rules, regulations, and requirements B ?e",erall customer satisfaction and ~~ing again based on performance eomfort level in hirina contractor aaaln . Overall Comments: for / ;: BID'NO: 15-11112 DATE: February 6. 2012 CITYOF MIAMI'BEACH 64 UNIT SCO~E (1-10) iO: (1-10) "" (1-10) tD (1-10) to (1-10) Cf (1-10) /0 (1-10) /0 (1-10) ,0. l I I I 1- ce MIAMI BEACH Cfty eI Miami Beach, 1700 Ccnventian C.nMr Drive, Miami Bead., flDlida 33139, www,miamlboochR.gov PROCUReMENTDMSION Tel, 305-673-7000"'.6230, FOJC 786-39.1.<1624 PERFORMANCEEVALUAnONSURVEY 118 15-11112 Date: ~q.j;~I'"Z-1 Company Name: J+-IF' R. ~ 1/ (~G , ;::z::::,..;C Point of Contact: A-I5 ~ ~ 0 l2.-i6·c.re-z-. Phone and Email: tU..e.@hr-J2~v.lllf: . ~ . V Q Please evaluate the performance of the company (1 -poor, 10 -excellent). NO CRITERIA UNIT 1 Abiroty \0 manage the project cos, (minimize change orders) (1-10) 2 Abillly 10 maintSin project schedule (complete on-lime or early) (1-10) '3 Quality of workmanship (1-10) 4 Professiona;.m and abil'oty 10 rnanag:l (includes responses and prompt DIMfIent to suoDliers and subcQntractal1l (1-10) 5 Close out proc:ess (no punch list upon twnover, v:;anIieS, as-bullts, operating manuals, tax cleanonca, ele. 8ubmilled prompU . (1-10) 6 Communiealion, explanation of risk, and dCJ(:Umentation (1-10) 7 Ability \0 follow the users rules, regulations, and requirament. (1-10) {llousek""pinQ, safety. elc.. .. l 8 Overall customer satisfaction and hiring again based on perfonnanca (1-10) (comfort Ievelin hiring contractor again) . Company providing Referral: 7flirta ~.~ tJG, Contact Nama: ~§h A. SCORE Sof \0 cot 10 q "f 10 cr,'? Contact Phone and ~I: ~"20 8>"3 3"S . Date of Servlces;g sp'b\..J...l Jr ri6.'iL A.. "Mit Dollar ! ():i;/). ~untr ~ . ' for . ' Services: "lease ret'" this qU:s!lOnnalre to Thao Carr~sco by February 6, 2012, via fax to 786.394.4824 or e-mail theoc8!.!.l!!co@mlamlbeacbf!.ppy. BID~O: 1$-11112 DATE: Fabruary6, 2012 CfTYOF MIAMI·BEACH 64 I I , , I 1'- I I I §fP10N VlII-PAST PERFORMANCE SURVEY . ep. MIAMIBEACH dty of Mlamt Beach, 1700 Convention Cenlat Drive, Miami IIeadt. florkfg 33139. www.miamihaoc:hR.gcw PROCUREMENT OMSION Tel: 3Q.S.673-7000 pt. 6230, Fmc 786-3944624 Date: ,j"',4N (go -t~ I ~ ,(.2.. To: ~~ ~!~f;'~t-.o~C. Jp ~f)fAfJQr' Qf\, I (Clienfs Name) -) \ IndMdual Providing the Survey Response: X ~5 k.. \JrE:.G,~ Phone: X~i ~ '3. ~~~ail: '* w;; i1JQJNJ~. l.Ijio-. Subject: Performance Evaluation of H f R fk. II ('Nb I ..I.".../ c.. • Number of pages including cover: 2 . To Whom It May Concern: The City of Miami Beach has implemented a process that coliects past performance information on contractors that have provided concrete curbing/sidewalk construction and striping of city streets and parking lois. The information WiD be used to assist .City of Miami .Beach in the evalualion of a contractor for services performed for your agency of company. . The company fisted in the subject lina has chosen to participate in this program. They have listed you as a past client that thay have done work for. Both the company and City of Miami Beach wOllldgreatly appreciate you taking a few minutes oul of your busy day to complete the accompanying questionnaire. Please review alt Items in the folloWing document and answer1he questions to the best of your knowledge_ Should you have diflicul!y understanding the question'S meaning. please proVide your best judgment as to its understanding and score accordingly. Please return to Thag Carrascq bv February 6. 2012. via lax to 786.394.04624 or a-mail theocarrasco@mlamibeachll.gov. '(!VOU for your time and effort -pus lDPez, CPPO Procuremem Director i I r I -~-~~---~-----------------------~---~~~-~il--'---- BID NO: 15-11112 DATE: February 8, 2012 CITYOF MIAMI BEACH 63. I I ) ...... -.... -.. -----------------.-.. -.-..... ~.. ....... .'" .. _-.. -.-_ .... _------... __ ...... '-'--'--"'-"~-' SECTION VIII-PAST PERFORMANCE SURVEY .. G MIAMIBEACH City of MiamI Baa~h, 1700 Convention Cenlal' DriV(i. Miami Beadl, Florida 331391 www.mICl~i~tlchfl.gov PROCUREMENT DIVISION Tol: 305-673·7000 ext, 6230, fax: 786.:3944624 Date: ~AtJ ('3o~ !.z.r,,f'2-' To: XC; b, c7 p ,4r{£7J-{v R.,4 --r-(Clienfs Nama) , .-.-...- Individual Providing the SUlVey Response: X I () II 'I 10 H'E'I' Phone: X 30S -I.{ b6 -'8' 1 '2.3 ':Fax:, X 'QS~ ~lr.' ~8''''I:7' E-mEdI:' X '1'(1111 e:j TC!: .; IT.,. C?U.'~Z. Nk,~~&~;:'G J ..::c;:."..{C. Subject: Performance Evaluation of ~!lI...L-f'f::..--'---'-~...J....,---'----- Number of pages Including cover: 2 , To Whom It May Concern: The City of Miami Beach has Implemented a process thllt collects past performance information , on contractors that have provldad concrete curbing/sidewalk construction and striping of city streets and parking lots. The Information will be used to assist, City of Miami Beach in the evaluation of a contractor for services performed for your agency of company. The company listed in the 8ubjai:1 line has chosen to participate in Ihis program. They hava listed you as a past c1ientthat they have done work for, Both the company and City of. Miami Beach would greatly appreciate you taking a few minutes out of your bUSY day to complete tne accompanying questionnaire. Please review all'ltems in the following document and answer tne cjuestlons to the best of your knowledge. Should you have difficulty understanding the question's meaning, please provide your best judgment as to Its understanding and score accordingly, Please return to Theo Carrasco by February 6. 2012, via fax to 786.394.4624 or e-mail !heocarrasco@mlamiooachfl.gov. 7toll for your time and effort. Gus Lopez, CPPO Procurement Director BID NO: 15-11112 DAlE: February 6, 2012 CITYOF MIAMI BEAGH 63 . . I I~~ I I· 1 · -.... -.. , --.. -.-.. ----.... --.-.. ---.. ------.--_. ___ . -_ .. -, ___ .... _.0_" .. _ ....... _ .. G 'MIAM I BEACH onvenllon Center Dtlvaj Mlam1 Beach. florida 331391 www.miomlbeachfl.gov CIIy of Mlumi B •• th. 1700 C PROCUReMENT DIVISION T,I: j05·673.7000 .,1. 6230, Fox : 786-394-4624 PERFORMANCE EVALUATION SURVEY ITS 15-11112 (2--u-t 1<. f?, 1/1 iJ,;, l .:;:t:.:Nc. , 4B~ IZO j) IZ.. i.Sv e '2-- (-30 Date;' _____ -' Company Name: _ Point of Contact: Phone and Email: OJ-U/-'3C-OJ a be.@ h,zj?c<. VI.Jr t jY J Please evaluate the perf \Irmance ofthe company (1 -poor; 10 -excellent). NO CRITeRIA 1 he proJeei coot (minimize change orders) Ability to manage I 2 Abiltty to maintain proJee! schedule (complete tin-time or early) 3 Quality ofworkma nshlp nd abilay to manage (includes responses end prompt rs and subcontractors) : 4. Professionalism a ~ payment to sypplle 5 Close out prone. o {no punch Hat upon tumover, warranties, as-bUllts. ol'llratlna manuals , tax clearance etc. submitted promptll'l 6 Communioaiion, e xplanationof risk, and documentallon the user. rules, regulatIons, and requirements fetv. etc ... ) 7 Ablilly to follow Ihouoekeeoinll. sa 8 ~verall customer comfort level in hi saHBfaotion and ~~ing again based on perfonn~noe rina contractor eaain . . Overall Comments: , , ferral: CITy or A.J Ii' N"oJ':"'" NY "":ro 01 ei Company providing Re Contact Name: ,;;..r; Contact Phone and Em , Date of ServiceS:; __ BiI!1 36S'-'-/6(;-'i?9"a3 S 1\ -I'Z.! 1\ /C-.. Amount for .. Dollar t -z.S"" UNIT SCORE (1-10) B' (1-10) .s- (1-10) .~ (1-10) '"l (1-10) (, (1-10) '" (1-10) ~ (1-10) '1 Services: .estloilnalre 10 Theo Caffasco by ttt~'-rrO"a!'rg:nrofiPm.iamib~ii.nhfl_;go", Please return this ·qu --~--~--.,.,t8;';er.:nr4.462~ or e,..mc:U- february 6, 2012, via fax to BID NO: 15·11112 DATe: F~bru.ry 6. 2012 CITYOF MIAMI·BEACH 64 , ~ .• i. - ! SECTION V111-PAST PERFORMANCE SURVEY ce MIAMIBEACH CIIy '" Miami ........ 1700 CaMmliDn Ce"ledl"., M;a",1 Beach. flDrida 33139, WWW.m;amlbeacbn.gov PROCUREMENT DIVISION Tel: 30s.6737000 .... 6230, Fmc 78/>.3944624 Date: .'LN' ( 30 -t.f.. I ~ .(2- To: X ±tt-f2.' l?"'U(;:"9' . (Cfienfs Name) •.. ~ . . Individual Providing the Survey Response: X ket? C. Phone: X g,OS -;'75 -2 t -z 'Z- G5 VI.~ c,.c.-{co -1-'\ .:hc. "fc c.w VI Fax: ~~;:7~-'~DM '. E.ni8iI: > ~ Gi>=";;;; 'Q • '7 0 U: • . Subject: Performance EVl!lualion of If f R. ·fk.1I1 N' I ~ c:.. • Number of pages including cover: 2 . +0 Whom It May Concern: nie CIty of Miami Beach has implemented a process that collecls past-perfonnance infonnatlon on contractorS that' haVe provided concrete curbing/sidewalk construction and !Mping of city stJeets and perking lots. The lnformation will he used to assist.Oily of Miami Beach in the evaluation of a contractor for services performed for your agency of company. . The cOmpany Dsted in the aubj8et Une has chosen' to participate in this program. They I)ave listed you as 8 past client that thay have done wollt for. Both the company and CIty of Miami Beach would greatly appreciate you laking a few minutes out of your busy day to complete the accompanying questionnaire. Please reviewalt items In the following document and answer \he questions·to the best of your knowledge. Should you have diflicull¥ undeJSlanding the question's meaning, please provide your best judgmantas to its understanding and score' accordingly. . P!eap return to Tbao Caimsco ily Fpbruary 6. 2012. via fax to 786.394.4624 or . e-mail . . W!",csnasco@mlamibaach!!,gov. "[hank YOU for your 'tima and effort .. (~ Gus Lopez. CPPO Procurement Director BID NO: 15-11M2 DATE: Fabruouy 6. 2012 ClTYOF MIAMI BEACH 53. , 1 r I f , '1 ; I ! , ,. , . I-I i . r I I- I I I. 1 . j 1 f , , . __ i ~ I ! , i I I +-! I AlTACHMENT D -SUBCONTRACTOR LISTING FORM INVITATION TO BID (ITB) No. 15-11/12 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RelATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT Name of Subcontractor (Telephone and fax no.) Name: Hi6Ifr~IIS11~/~~ Te): 80,[-gf'f ~(H", :.:t;.re; Fax: 1~f· 1Jt4~ N5b Name:¢U.4I-.; tt (kvjoJf, &t Tel: 10.(-Z41-Vfz.C. Fax: ~&r:.. '2t.~ -U,ti 0 Name: _____ _ Tel: ______ _ Fax:, ______ _ Name: _____ _ Tel:, ______ _ Fax: ' Name:, _____ _ Tel:, ______ _ Fax:. ______ _ Name:. _____ ~ Tel: ______ _ Fax:, __ ----,._--- ITB 15-11/12 -Addendum 1 January 25, 2012 Work to be com DIeted % of Work to be Derformed :3.3 % CtJfJC~ CU' 1'1-(3 i N"G:> 4t.JJ> S \ P C8;J d--K.. '(Cf •. 7 i (Attach additional forms if necessary) I • JOBS I IN Il'ROGRESS -I Regular Projects 1 JOIIIDI' J~:~:~~.~~.¥}#:~~:~;~t·: ~it~i~r.%~I~f~~: iB.IH~f ~~{~~~£~fE.ill'''fl_ •• ~-~~ "'.ll"'" '~" ~g • ilW"',',;!IJ, "lfi i~%.l~~~'~~~~f ~~~~, ~&_~~W CITY OF HOMESTEAD i OMAR LUNA 30.H24-CITY OF HOMESTEAD JanuGI)' 3, 2010 December 15, 20 II 27·1) 4639 732.181.16 100"/0 S "PEOPLES TRANSPORTATION PLAN 305-299-(MIAMI-DADE COUNTY ROADWAY" 1 AQtnN RABASA 9822 PUBLIC WORKS) March 1,2010 Scpl~mber I, 2011 RESURFACING CONTRACT MIAMI-DADE COUNTY 2M! I'ROJI:CT 1/20090026 972,635.19 95% S 49 193.83 "ROADWAY 'tAOUlN RAB"A (MIAMI·DADE COUNTY RESURFACING 305-299· PUBLIC WORKS) October 15, 2009 Seplcmber I, 2DI j CONTRACT" 9822 2668 PROJECT N 20090021 MIMII-DADE COUNTY • 1000000.00 ?'l% 778.965.00 pROJECT II Ll41·91U27L j RICARDO 305-816· TAM1AMl AIRPORT June 1,20rO January 10, 2012 1700 EXT SOLORZANO 7809 4.452,919.58 '7% 594.2.73.58 "PEOPLES 'lAOUIN RABASA TRANSPORTATION PLAN J05·299-(MIMIl-DADE COUNTY ROADWAY RESURFACING 9822 PUBLIC WORKS) August IS, 2010 Seplember 15,2011 CONTRACT" PROJECT II MIAMI·DADECOUNTY 2.704 20100387 $ 1.000000.00 61% $ 385.533.65 "PEOrLES '1AOUIN RABASA TRANSPOR1'ATlON Pl../I.N 305-299· (MIAMI-DADE COUNTY ROADWAY RESURFACING 9822 PUBLIC WORKS) ]anualY 2.4, 2.011 JanUBIY 24, 2012 CONTRACT" PROJECT II MIAMI·DADE COUNTY 2709 20100<126 , 1.000.000.00 52.% S 483430.41 »ARRA ROADWAY (MIAMI-DADE COUNTY . RESURfACING ] AQUIN RABASA 305-299-PUBLIC WORKS) March21,2011 Matl:h20,2012 CONTRACT" PROJECT» 9822 MIAMI-DADE COUNTY 27(i0 20100533 , 854 \3J.B3 44% , 475.034.60 T6260 IntclS~cliDn Ilnplllv~ml!l1ts (SR-5 US-I and TooySabag FOOT Dislncl6 Octob~23,2011 March 1,2012 SW 192nd 51, M~rlin Road) . 295091.41 26% .' 217.803.41 Wesl 2.9th Street from West ,jlA.HTeli Marlin"'" 30S-681-Ok~l:dlob<Nl Road to West 4th C'lly ortUaleaJl Octobci' 3,2011 ]snuaIY JI ,1012 Av~out 2611 318.498.60 10% $ 9"<1.432.60 I I Projects 'Started' TOTAL $ 1°2625.457.77 $ 310781717.14 J Work Order Projects I CITY OI'MIMII DEAC!I C~LOS DA CRUZ 305·613-CITY OF MIAMI BEACH August " 2009 October I, 20 II 2656 7491 • 2.557.000.00 15% S 2,184.896.22 "MIAMI INTERNATIONAL lMIKE .'VERA {MIAMI DADE AVIATION AIRPORT PAVEMENT 305·876-DEPARTMENn MIAMI Seplcmber 17, 2008 S~ptember I, 2011 UEPAIRS· PROJECT H . \. ~OS96 INTERNATIONAL RM6-011D9 AIRPORT ::!(i07 • 7.525,000.00 3B% S 4.651.032.81 (MDX)ITS 11·01 'rSPENCE MIAMI·DADE ~SYSTEMWIOE ROADWAY 954-540-EXPRESSWAY October I I, 2011 IMPR.OVEMENTS" _ "Pu,h 1919 Novcmbel' 1,2012 Buttoo" AUTHORlTY (MOX) :!7:!5 S 6,000 000.00 2% S 5.897.430.00 , I Work Order Projec:ts 'Started' TOTAL"" $ 16.082,000.00 $ 12.733.359.09 D~te P,lnted:l/31/2012 J~bs til Pr~gre$S Pase IDf~ IJOB!~ COMPLETED] I ClTY OF MIAMI BEACH 305-299-(MIAMI.DADE COUNTY JOAQUIN RABASA 9822 PUBLlC WORKS) MIAMI-DADE COUNTY , ! (MIAMI-DADE COUNTY JOAQUIN RABASA 305-299-PUBLIC WORKS) 9822 MIAMI-DADE'COUNTY AUGUST 7,2009 July \5,2010 I June 15,2010 (MlAMI-DADE COUNTY JOAQUIN RABASA I 3~;;;9-I PUBLIC WORKS) I MARCH 1,2010 I -MIAMI-DADE COUNTY 305-299-(MIAMI-DADE COUNTY JOAQUIN RABASA· 9822 PUBLIC WORKS) IDECEMBER22.20091 MIAMl-DADE COUNTY TonyTomei 305-466-City of Aventura April 25, 2011 8925 Annanda Nunez 305-365-Village of Key Biscayne Mny23,201 t 5512 Rich Michaud 954-344-City afCoral Springs JulylB,201t , 1100 Eddy Taylor I 305-256-FDOT South Dade JanUluy I, 2011 6348 Maintenance Oclober 1, 20t t November I, 2011 October I, 2011 September I, 2011 July 1.:2011 Seplember 6, 20 I August 6, 201 I October22, 20t t January 1,2012 IJOBS PE~IDING I Jr----====='-------,,:;.;;;;;;;:p;:;;;;~Pii'Nri"""'---~---------, L-____ J _~Re~gu~l.r~Pr~*~.~~P~EN~Dl~NG~_------- J ~ Minmi-Dndc Count)' COsG-R 30.5-299-(MIAMI-DADE COUNTY Roadwny Re:sUlfacing Contrac t ] AQUIN RABASA 9822 PUBLlC WORKS) NotShuted /lI/ALliEl H2010·0725 MrAMl-DADE COUNTY , 340,397.15 0% , J40.397.1S Bidl/IO·ll.(1!;; ARM-CDBO Eric Rush 305-416-CilyofMiami Not Started I#VAWEI R Street ReSl1rfn~ins Project 1298 • 741.19100 0% s. 7.<11.193.00 WASD Slrcet Rehabilitation J1AQ~IN RASA'A 305-299· (MIAMI-DADE COUNTY Conll';lcllll01006lS 9822 PUBLIC WORKS) Not Started #VALUEI MIAMI-DADE COUNTY , sao 8I6.1t 0% • 500.816.11 WASD Sh"Cct Rcbnbilil:l\ion J 1 AQUIN RABASA 305-299-(MIAMI-DADE COUNTY Con!l'IIct IIU!" OOti70 9822 PUBLlC WORKS) Not Started IIVALUEI MIAMI-DADIS COUNTY • 457246.09 0% • 457.246.09 ,,{,EOrlES TRANSPORTATION PLAN 305-299-(MIAMI·PADE COUNTY ROADWAY" J AQUIN RAaASA 9822 PUBLIC WORKS) NolStarted UVALUEI RESURFACING CONTRACT MIAMI·DADE COUNTY 2MI PROJECT,II 2011-0036 • 848.832.09 11% $ 848.832.09 Cily Widc Road Rcsurfacing )Mana. MCIlCl1dez City o(South Miailli MglStaIted IIVALUE! ProJccl No. 8M-20t 1-01-I'W • 42823.59 0% • 42.813.59 Miaml.DlIIle COllnly I (MlAMl.DADE COUNTY Infellllliionnt AirShu", 305·299· Re!illrfncing Contract 112011· )Q)AQUIN RABASA 9822 PUBUC WORKS) NOISlarted #VALUB! MIAMI.DADE COUNTY "'B9 • 1.118928.14 0% • \.118928.74 Miami·Dade County Roadway 305·299· (MIAMI· DADE COUNTY Resurfacing Contract "S20 II· : 'AQUIN RABASA 9822 PUBLIC WORKS) NolStslicd /;IVALUEI 0168 MIAMI·DADE COUNTY • 830813.24 0% • 810.823.24 Miaml.Dnde County Roadway '1AQUlN MBA'A 305·299· {MIAMI·DADE COUNTY Resurfacing Contract 1120[ [. 9822 PUBLIC WORKS} NotSllllted INALUBi 0169 MIAMI-DADE COUNTY • 829131.44 0% $ 829,137.44 ·1 'Projects 'Not Started' TOTAL -$ 5.770.197.45 $ 5.770.197.45 r---------] Work Order P~oj.cts -PENDING I _ .... - !!~080·RO Asphalt Repair FOOT DisUict 6 NotStm1ed I/VALUEI -t'llsh BuUon" • 246650.00 0% • 246,650.00 Asphall Overlay B·II·12 .Herb Hyman 954·197-Town ofDavie NolSlarted /l-VALUEI 1016 $ 2.119,533.50 0% S 2119.533.50 I Work Order Proleds 'Not Started' TOTAL = $ 2,366,183,50 $ 2,366,183.50 , \ 03te PrI~led: 1/31/W12 Jcbs In Prollre" Pagelol3 ells -PROJECT EVALUATION Friday, February 03, 2012 -10:47:36 AM Page I of2 MCC Contract: PW 20080225 Contractor; H & R Paving Inc. MIAMI-DADE COUNTY, FLORIDA Capifallmprovements Information System Public Works and Waste Management Contractor Evaluation EvaluaUon Type: Standard Evaluation FEIN: 591690152 Department Contact: Jesus Gonzalez (305) 375-3931 Award Amount $1.000,000.00 Evaluator ID: jesusg Date: 5110/2011 Period: Project conclusion or closeout [ Biiltil!ll • II I I ~ 3 I ~ II .1. IINIA IIcriteda D ;L-0 Schedule -Quality of schecjule & adherence to schedule resulHng in timeliness and minimizing delay to the owner and community. . 2-<Ii DD Cost effecliveness & efficiency -Budget compliance & value 0 work. 3-.Ii I II /I Ir.nsion -Design -Concellts or adherence to criteria . 4-.. ,;;; DDD Cooperation -Teamwoll< & relationship with owner, subs and suppliers. D0DDD Coordination -Ability to organize, schedule and complete tasks in adherence 10 the schedule. 6-U DO f'\9CUracy & Technical Skills -Cost estimating, scheduling, ~hOP and other drawings, plans, manuals, project documentation and conll"lCl resolution. . I I 7-~ DD Completeness -Compliance with contnact documents, pennils, Codes & standards. D" D Responsiveness -Timely, clear & concise responses 10 owner commenls and correspondence. I~~-I 'V I I I Commitment-Intangibles & contribution 10 project success. oj I I Personnel -Quality and dedication of project staff. 11-I ,l-I I II IIManagement -Leadership ability. 112-II iiI-I I II IIQuality -WolI< performed correctlll the first time. Overall Performance Average: 3.9 -. Documentation that supports this evaluation and Contraclor'slConsultanfs comments can be obtained by contacting: Jesus Gonzalez at Phone# 305 375-2172 Evaluation Reviewed by: Supervisor P" Division ChiefP' Assistant Directotr Direclor r The method of delivery of this evaluation to contractorlconsultant: Certified Mall P" EMail IV' Fax F Handr ,- (Unresponsive Performance by contractor/consultant requires 2 delivery methods, one MUST be Certified Mail.) Evaluation delivered 10: H&R Paving INC. ,;; Rating Key 4 Superior perfonnance -Exemplel)' quality, no intervention required -project completed on time or early at or below budget with no change orders or amendments other than owner requested changes. 3 Satisfactory performance -Minor errors noted, addressed With timely corrective action. No serious errors noted or I I http://intra/ciislfrmContractorEvaluation.asp?SelClCCNO=O&SeIMode=Print&SeICEID=5... 21312012 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A31 0 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we H&R Paving, Inc. as Principal, hereinafter called the Principal, and Berkley Regional Insurance Company a corporation duly organized under the laws of State of DE as Surety, hereinafter called the Surety, are held and fmuly bound unto City of Miami Beach, Florida as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, SUCCessors and assigns, jointly and severally, firmly ~y these presents. WHEREAS, the Principal has submitted a bid for Concrete Curbing/Sidewalk Construction, Purchase of Asphaltic Concrete/Related Materials and Striping of City Streets and Parking Lots~lnvltation to Bid No. 15-11/12 . NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee io 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 hereof, or in ·the event ofthe failure of the Principal to enter such Contract and give such bond orbonds, if the Principal shall pay to the Obligee the difference not to exceed tbe 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 rem.in· in full force and effect . Signed and sealed this 1 sl of February BY: Raul Gonzalez. (Title) President Berkley Regional Insurance Company (Surety) (Seal) I (Witness) Mary C. Aceves BY: t!irn IUjD.J!t;f/l(fll) Charles D. Nielson (Title) Attorney-in-Fact AIADOCUMENTA310 • BID BOND. AlA ® .• FEBRUARY 1970 ED. TIlE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AYE .• N.W., W ASHINGTDN, D.C. 20006 ] ~ ] ~ ~~ ~ ..... ~ 1l ~:o Ci " .S 3.8 ~~ ~ " .-S ~'O> e ~ . S " 1U ~ ... ... o " ~ 0 " ~ ~ " o . .§ <>.'" Jl j:l E-<~ . " ~~ :a ~ [.S o Ei .-'" "E ~ " ~. §.S " ... o S' "" .-.~ "'0 -S § ... 0 o 6b "-'" . .§ ~ ~'" ~~ 8-d " " o 00 ',g rg .sa o " a..~ ~ " 'C 0 " '" .~ 0 0'" £'] ,,~ "'~ " '" "'iii ;>, " " ~ POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. No. 282f KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constitoted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson, Charles D. Nielson or Joseph P. Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no siagle obligation shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent as if such bonds had been du1y executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were du1y and validly adopted at a meeting of the Board of Directors of the Company held on Angnst 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execu,e powers of attorney authorizing and qualifying the attomey-in-fuct named therein to execute bonds, undertakings, recogillzances, or other suretysbip obligations on behelf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that suchpowe{ of attorney limits the acts of those named therein to the bonds, undertakiogs,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manoer and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney~in-fact named; and further RESOLVED, that the signatore of any authorized officer and the seal of the Company may be affixed by fucsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signatore and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or personS who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has cansed these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this a day of ~ ,2010. Attest: ~f BerkleYRe~IInsur..,,'}f~mpany (Seal) By ~ By_~/:d7",--'-'---,-,--,--:,-,t:-C4:.=-=-.::=----___ _ Ira S. 'Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President WARNING: TIiIS POWER INVALID IF NOT PRINTED ON BLUE ''BERKI,EY'' SECURITY PAPER. STATE OF CONNECTICUT) ) so: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this.1L day of -;:) """""~ , 20 I 0, by Robert P. Cole and.Ira S. Lederman who are sworn to me to be the..Seni.ar_Vice,Pr.e~and the Senior Vice Presiaent and Secretary, respectively, of B kl R · IT-~ Co' <:.H .. J:.J:.iM t-c.t..L"';;-Eo."1'li er ey eglOna .l.J.Jburance mpany. n,J'd\!",/JDW" :o:?::-'T~-~ ~- . .t.tlU ,I;.:t,e;; ~ ). ~h .... ~ .. , '-.. 9..:/ _ f /'.: _. I ru)\fCOMMISSIO~! 8~?iPES JUNE3~,20t2 _--",,===,-,",/:::...,,-' ~=:=:::==:kL __ _ Notary Public, State of Connecticut < " CERTIFICATE ~.~ I, the undersigned, Assistailt Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the -->;ZW~k·';;iO;". i;;;c;'gU='-mg is Ci ttuc, COlleL.t and complete cupy 01 we Ol.lgUUt.i .Puw~llJl AthJlllt::YI that said.Power of Attorliey has llot GeelllI:'Vok.~d ~.~ or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this :<t: Power of Attorney is attached, is in full force and effect as of this date. '>'-5 ;>-Given under my hand ai:J.d seal of the Company, this ~ day o. f FebLU~~ J . (Seal) ~~ . Andre~ Tum.a ,20l2 -- .j; " 1 I,. .' :; ~iiA~JIJ-DADfcoU~TY TAX COLLECTOR 140,W.FLAGLERST. . .1st FLOOij ... ' :;t ." ... MIAMI, Ft:33130 ," .. /~~·:.:'··<··::5 :;, ~:~:.:.' \ .~.: _~ .' 2011 , ,. FIRST-CLASS u.S. POSTAGE PAID MIAMI, FL PERMIT NO. 23: 295899-0 BUSINE.SS NAME. I LOCATION THIS IS NOT A BILL -DO NOT PI; Y RENEWAL. 309330-9 RECElPT NO. H & R ASPHALT PLANT 1955 NW 110 AVE 33172 UNIN DADE COUNTY OWNER ONE HUNDRED S TENTH AVE INVEST C Sec.io~e 'A~~·Y'RE·CYCLI NG/PROCESSING nils IS ONLY A LOCAL BUSINESS TAX RECEIPT. IT DOSS NOT PERMIT THE EMPLOYEE/S 12 HOLDER TO V!01....ATE ANY EXISl1NG f1EGULATORV 01'1 ZONING LAWS DF THE COUNTY OR Cf1']l$. NOR DD!!S IT ElCailFT THE HOLDER FROM ANY OTHER PeRlIIlT OR UCCNSE REQUIRED BY LAW. nils IS NOT A CERllRCAllON OF THE HOl-CaI'S QUAURcA-- TlONS. DO NOT FORWARb PAYMENT RECElVEI MIAMI-DADE COUNTY TAX COUECTOR: H ·S R ASPHALT PLANT RAUL GONZALEZ 1955 NW 110 AVE MIAMI Fl 33172 08/2212011 60000000347 000090.00 33i72$i9ii C09i i"li, ,dt.z., !iI,,,j,, i,l" .1l1,i",;;1 1 SEE OTHER SIDE . ". FIRST-CLASS U.S. POSTAGE PAID MIAMljFL PERMIT NO. 23 067477-1 THIS IS NOT A BILL-DO NOT PAY RENEWAL BUSINESS NAME I LOCATiON H & R PAVING INC 1955 NW 110 AVE 33172 UNIN DADE COUNTY OWNER H & R PAVING INC sec'{9~e o;~E~IAL TV 1111. " ONCY • LOCAL ENGINEERING CONTRACT aUSINESS TAX RECE!PT. IT DOes NOT PERMIT THE HOLDEA TO VIOLA.lE ANY cc IEC~~V40· 067477-1 WORKERIS 10 ______ ~~~ _____ ~ __ ~ElCIsnNG REGULA.TORY OR ~~~?\:-~w~ir-JBHt'------------"'D"n"'.'''~~''''''''''W",,"-----------------DOES IT exEMPT THE .... "' ... i :-Gp.\'\.'A8.~ HOLDER FROM ANY OTHER PERMIT OR ueENSE REQUIRED BY LAW. Tli!S IS NOT A CERTIRCAT!ON Of THE HOLDER'S QUAURCA. "llOfliS. 'I ~f::&Io~Eg5G'~ TAX' COllECTOR: 08/22/2011 60000000349 000075.00 SEE OTHER SlDE H & R PAVING INC RAUL GONZALEZ JR 1955 NW 110 AVE MIAMI FL· 33172 PRES State of Florida Department of State I certify from the records of this office that H & R P A VJNG, INC. is a corporation organized under the laws of the State of Florida, filed on August 19, 1976. The document number of this corporation is 513070. I further certify that said corporation has paid all fees due this office through December 31, 2008, that its most recent annual report was filed on January 30, 2008, and its status is active. I further certify that said corporation· has not filed Articles of Dissolution. ., GiPen under my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty SfnJenth day of October, 2008 ~''''6 SecretalY of SttJ;t~ authentioate this certificate.Yistt the following site, enter this and then follow the instructions displayed. :ffefile.sunbiz.orgfcertauthver.html .--> > H & R PAVING, INC: AND ONE HUNDRED & TENTH INVESTMENT CORP. COMBlNED INTERIM FINANCIAL STATEMENTS AND SUPPLEMENTARY INFORMATION Six Months Ended June 30,.2011 Benitez & Company, cp--", H & RPAVING,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. Six Months Ended June 30, 2011 TABLE OF CONTENTS Independent accountants' review report.... .... .. .. .. ..... .... .... .... .. .. .. .. .. I Combined Interim Financial Statements: Combined Balance Sheet. .. .... .... .. .. .......... .. .. .......... ....... ....... 2 Combined Statement of Earnings .............................. :..... ........ 3 Combined Statement of Stockholders' Equity. .. .. . .......... . ...... .. . .. . 4 Combined Statement of Cash Flows........................................ 5 Notes to the Combined Interim Financial Statements .................. :. 6 -17 Supplementary Information: Schedule 1 -Uncompleted Contracts ...................................... . 18 Schedule 2 -Completed Contracts ......................................... . 19 Schedule 3-Combined Reconciliation of Gross Profit ................ .. 20 Schedule 4 -Combined Indirect Costs Not Allocated to Contracts .... 21 Schedule 5-Combined Gen.eral and Administrative Expenses ........ . 22 Schedule 6 -Combining Balance Sheets .................................. . 23 -24 -Schedule 7 -Combining Statements ofEamings (Operations) ......... 25 ~, Schedule 8 -Combining Statements of Stockholders' Equity .......... . 26 Benitez & Company. CPA', Benitez & COffiQany, CPA's -cE-A-n-FIE-D-P~U8~LI~c~Ac~ro~u"'N~~SANDC~DN=s~~~~~m~s~----------------------~------------~80=O~1~C-or~al~W~.-y-.-M=I~am=I~,F=IO~r~ld=.3=3=1~65 305.261.B589 • Fax 305.261.8585 Independent Accountants' Review Report To the stockholders . H & R Paving, Inc. and One Hundred & Tenth Investment Corp. Miami, Florida www.8enitezCpAs.com We have reviewed the accompanying combined balance sheets of H & R Paving, Inc. and One Hundred & Tenth Investment Corp., (The Company) as of June 30, 2011, and the related combined statements of earnings, stockholders' equity, and cash flows for the period then ended. A review includes primarily applying analytical procedures to management's financial data and making inquiries of company's management. A review is substantially less in ·scope than an audit, the objective of which is the expression of an opinion regarding the fmancial statements as a whole. Accordingly, we do not express such an opinion. Management is responsible for the preparation and fair presentation of the combined financial statements in accordance with accounting principles generally accepted in the United States of America and for· designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the combined financial statements. Our responsibility is to conduct the review in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. Those standards require us to perfonn procedures to obtain limited assurance that there are no material modifications that should be made to the combined fmancial statements. We believe that the results of our procedures provide a reasonable basis for our report. Based on our review, we are not aware of any material modifications that should be made to the accompanying combined fmancial statements in order for them to be in conformity with accounting principles generally accepted in the United States of America. Our review was made for the purpose of expressing a conclusion that there are no material modifications that should be made to the combined financial statements in order for them to be in conformity with accounting principles generally accepted in the United States of America. The information included in the accompanying Schedules I thru 8 is presented only for supplementary purposes. This supplementary hlonnation has been subjected to the inquiry and analytical procedures applied in the review of the basic combined financial statements, and we are not aware of an)' material modifications that should be made thereto. --~~------------------~-------~~~~~~~---- Miami, Florida July 25, 2011 American Institute of CPA's Florida Institute of CPA's ----c~rtififct Public Acc~~ntant~ Natlonal Association of Certified Valuation Analysts Construction Financial Management Association H& RPAVING,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. ASSETS Current Assets: COMBINED BALANCE SHEET June 30, 2011 Cash and cash equivalents Contracts receivable, net (Note -2) Inventory (Note -3) Costs and estimated earnings in excess of :. billings on uncompleted contracts (Note -4) '. Prepaid expenses (Note -5) . Loan to employees Total current assets . Property and equipment, net (Note -6) Other Assets: Investments in marketable securities (Note -7) Security deposit Total other assets Total assets LIABILITIES AND STOCKHOLDERS' EQUITY Current Liabilities: Accounts payable and accrued expenses (Note -8) Provision for anticipated loss on contract (Note -15) Billings in excess of costs and estimated earnings on uncompleted contracts (Note -4) Total liabilities Contingent liabilities (Note -9) Stockholders' Equity: Common stock (Note -10) Additional paid"in-capital Retained earnings $ 1,925,861 2,843,103 74,715 670,679 125,059 .286 5,639,703 958,513 . 425,719 4,396 430,115 $ 7,028,331 $ 2,119,782 12,766 1,205,665 3,338,213 8,000 831,118 2,849,214 1,786 -----~--ip...,GG1k."R-ulated_Gt..l;ter~mpr-ehensi:v.e lnr,ome.~ ___________ ===~~~ ___ _ Total stockholders' equity Total liabilities and stockholders' equity See independent accountants' review report and accompanying notes to these. combined financial statements. 2 3,690,118 $ 7,028,331 Benitez & Company, ePN, H & RPAVING, INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. COMBINED STATEMENT OF EARNINGS Six Months Ended Jlllle 30, 2011 Contract revenues: Contract revenues earned Cost of revenues: Cost of revenues earned Gross profit before indirect costs Indirect costs not allocated to contracts (Note -11) Gross profit on contracts General and administrative expenses Income from operations Other income: Dividend income Interest income Realized gain from sale of available-for-sale securities Total other income Combined net income Other comprehensive income: Unrealized gain on available-for-sale securities: Arising during the year Reclassification to other income -Total other comprehensive income (Note -7): . .. ;; Total comprehensive income See independent accountants' review report and accompanying notes to these combined financial statements. 3 $ 7,851,997 6,163,083 1,688,914 24,540 1,664,374 568,209 1,096,165 8,109 4,235 5,253 17,597 $ 1,113,762 13,315 (5,253) 8,062 $ 1,121,824 Benitez & Company, CPA:, H & RPA VING, INC. AND ONE H1JNDRED & TENTH INVESTMENT CORP.' COMBINED STATEMENT OF STOCKHOLDERS' EQUITY Six Months Ended June 30, 2011 Common stock (Note -10): Balance, beginning of year Balance, end of period Additional paid-in-capital: Balance, beginning of year Balance, . end of period Retained earnings: Balance, beginning of year Combined net income Distribution to stockholders Balance, end of period Accumulated other comprehensive income (Joss): Balance, beginning of year Other comprehensive income (Note -7) Balance, end of period Stockholders' equity, end of period See independent accountants' review report and accompanying notes to these combined fmancial statements. 4 $ 8,000 8,000 831,11~ 831,118 2,150,452 1,113,762 (415,000) 2,849,214 (6,276) 8,062 1,786 $ 3,690,118 Benitez & Company, CPA'. H & RPAVING, INC. AND ONE HUNDRED & JENTH INVESTMENT CORP. COMBINED STAJEMENT OF CASH FLOWS Six Months Ended JlIDe 30, 2011 Cash flows from operating activities: Combined net income Adjustments to reconcile combined net income to net cash provided by operating activities: Depreciation Realized gain from sale of marketable securities Changes in operating assets and liabilities: Decrease in contracts receivable, net Decrease in inventory Increase in costs and estimated earnings in excess of billings on lIDcompleted contracts Increase in prepaid expenses Increase in accolIDts payable and accrued expenses Increase in provision for anticipated loss on contract Decrease in billings in excess of costs and estimated earnings on uncompleted contracts Total adjustments Net cash provided by operating activities Cash flows from investing activities: Investment in marketable securities Proceeds from sale of marketable securities Net cash used in investing activities. Cash flows from financing activities: Distribution to stockholders Net cash used in financing activities Net increase in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of period (Note -12) See independent accountants' review report and accompanying notes to these combined financial statements. 5 ;, ;. $ 1,113,762 115,254 (5,253) 1,340,355 17,526 (646,864) (25,389) 161,297 12,766 (378,169) 591,523 1,705,285 (40,709) 35,087 (5,622) (415,0002 (415,000) 1,284,663 641,198 $ 1,925,861 Benitez & Company, CPA', H & R PAVlNG, lNe. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED lNTERIM FlNANCIAL STATEMENTS Six Months Ended Jl.1lle 3D, 2011 NOTE 1 -Summary of operations and significant accounting policies: Description of Business: The accompanying combined financial statements include the operations of H & R Paving, Inc. (an S- Corporation), incorporated on September 9, 1976, and its affiliate, One Hundred & Tenth Investment Corp. (an S-Corporation), incorporated on June 20, 1988. Both entities were incorporated under the laws of the State of Florida. H & R Paving, Inc. operates as a specialty contractor 'specializing in road paving and milling as well as the production, sale and hauling of asphalt. H & R Paving, Inc.'s revenues consist of contracts with local, state-wide general contractors and with the Florida Department of . Transportation. One Hundn::d & Tenth Investment Corp. operates as a real estate holding company. Principle bf Combination: The accompanying combined fmancial statements for the period ended June 3D, 20]] include the accounts of H & R Paving, Inc. and its affiliate, One Hundred & Tenth Investment Corp., which is a variable interest entity under Financial Accounting Standards Board (F ASB) Accounting Standards Codification (ASC) 810, "Consolidation". These 'combined financial statements are not those of a separate legal entity. H & R Paving, Inc. is the primary beneficiary of its affiliate. Therefore, all significant inter-company transactions and balances have been eliminated in the combined financial statements. The determination to combine was based on the fact that H & R Paving, Inc. absorbs a majority of the variable interest entity's expected losses and receives a majority of its expected residual returns. The variable interest entity was formed for the purpose of providing other services, indemnity under the surety agreement, and financial support .. Balance Sheet Classification: A one-year time period is used as the basis for classifying current assets and liabilities. However, The Co~pany includes retainage receivable and payable under construction contracts which may extend beyond one year, i.n current assets and liabilities of the combined balance sheet. ~h and Cash Equivalents: . -The Company considers all highly liquid investments purchased with' an original maturity of three months or less to be cash equivalents. III venlory The Company values its inventory at the lower of cost or market, and the inventory consists of milled material, rock, sand and liquid bitumen. 6 Benitez & Company, CPA', H & R 'PAVING, INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED INTERIM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 1 -Summary of operations and significant accounting policies (Continued): Marketable Securities: . The Company's marketable securities consist of equity securities of publicly-held companies and mutual funds. The Company's marketable securities are classified as available-for-sale and are recorded at fair value based upon quoted market prices with temporary differences between cost and fair value presented as a component of other comprehensive income. Fair Value: The Company has adopted Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 820, "Fair Value Measurements and Disclosures", which defines fair value, establishes guidelines for measuring fair value, and expands disclosures regarding fair value measurements. Fair value is defined as the price that would be received to sell an asset or paid to . transfer a liability in an orderly transaction between market participants at the measurement date. Financial Accounting Standards Board (F ASB) Accounting Standards Codification (ASC) 820, "Fair Value Measurements and Disclosures", establishes a fair value hierarchy that prioritizes the inputs used to measure fair value. The hierarchy gives the highest priority to unadjusted quote,d prices in active markets for identical assets or liabilities and the lowest priority to unobservable inputs. The Company values marketable securities using broker quotations, or market transactions in either the listed or over- the-counter markets, resulting in fair value measurements using Level 1 inputs as defined under the fair value hierarchy, See Note -7 for further information regarding marketable securities. Levell of the fair value hierarchy under F ASB ASC 820 is described as follows: Level i-Inputs to the valuation methodology are unadjusted quoted prices for identical assets or 'liabilities inactive markets that The Company has the ability to access, Inputs to the valuation methodology include quoted prices for similar assets or liabilities in active markets and quoted prices for identical or similar assets or liabilities in inactive markets. Concentration of Credit Risk: Financial instruments that potentially subject The Company to concentration of credit risk .consist- primarily of cash, cash equivalent, marketable securities, contracts receivable 'itd completed jobs. The Company maintains its cash balances in three financial institutions, insured by the Federal Deposit Insurance Corporation, From time to time, cash balances exceed the insured liruits. Concentration of ~-----'G-r-li:Qit-J;i-sk-'""ith-r-especUO-..w~rketable.-Se.Guritie!ljB...SigniJ:icanLas..fungs are deposited with one financiaL institution and the amounts invested are not insured by the Federal D.eposit Insurance Corporation or guaranteed by the financial institution. Concentration of credit risk with respect to contracts receivable is significant due to the various provisions on the construction contracts, the final payment, release of retainage balances, and acceptance of the job by the owners, As of June 30, 2011, the stockholders of The Company had not entered into a business continuity plan, 7 Benitez & Company, CPN, H & RPAVING, INC. AND ONE HUNDRED & TENTI:! INVESTMENT CORP. NOTES TO THE COMBINED INTERIM FINANCIAL STATEMEN1:S Six Months Ended June 30, 2011 NOTE 1 -Summary of operations and significant accounting policies (Continued): Financial Instruments: The Company's combined balance sheet includes· the following fmancial instruments: cash and equivalents, contracts receivable and accounts payable. The Company considers the carrying amounts in the combined financial statements to approximate fair value for these financial instruments because of the relatively short period of time between origination of the instruments ~d their expected realization. Long-lived Assets: Long-lived assets to be held and used are reviewed for impairment whenever events or changes in circumstances indicate that the related carrying amount may not be recoverable. When required, impairment losses on assets to be held and used are recognized based on the excess of the asset's carrying amount, and the fair value of the asset and long-lived assets to be disposed of are reported at the lower of carrying amount or fair value less cost to sell. Property and Equipment: Property and equipment are stated at cost. Depreciation and amortization 'are provided principally on the straight-line method over the estimated useful lives of the assets. Amortization ofleased equipment under capital leases is included in depreciation and amortization. Expenditures for major renewals and betterments that extend the useful lives. of property and equipment are capitalized. Expenditores for maintenance and repairs <tIe ~harged to expenSe as incurred. Revenue and Cost Recognition: The Company recognizes revenues on long-term contracts for construction on the percentage-of- completion method, measured by the extent of progress toward completion based on the ratio of cost incurred to total estimated costs. Management follows the guidelines of the Financial Accounting Standards Board (F ASB) Accounting Standards Codification (ASC) 605-35, "Accounting for Construction-Type and Production-Type Contracts", for accounting policy relating to our use of the percentage-of-completion method, estimating costs and revenue recognition. This method is used because manMement considers it to be the best available measure of progress on these contracts. Revenues from cost-plus-fee and time and material contracts are recognized on the basis of cost incurred during the period plus the fee earned, measured by the cost-to-cost method. ___ ~ __ CQ"'tr.act--GQsts-include..aU-dir.ecWnateriaLl!DdJ.ahDLc.o..<U:umcLthQ"ejp_direct costs related to .contract performance, such as indirect labor, supplies, tools, repairs, and depreciation costs. Seiling, general and administrative costs are· charged to expense as incurred. Provisions for estimated losses on uncompleted contracts are made in the period in which such losses are determined. 8 Benitez & Company, CPA!, H & RPAVING, INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED INTERIM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE I -Summary of operations and significant accounting policies (Continued): Revenue and Cost Recognition (Continued): Changes in job performance, job conditions, and estimated profitability, including those arising from contract penalty provision, and final contract settlements may result in revisions to costs and income, and are recognized in the period in which the revisions are determined. There were no incentives or claims on contracts. The portion of total revenue .earned is determined by the measurement of the . extent of progress toward completion based on the ratio of cost incurred to total estimated costs. If a loss on ajob becomes mown, it is charged to operation in the period of discovery. The asset, "Costs and estimated earnings in excess of billings on uncompleted contracts," represents revenue recognized in excess of amounts billed. The liability, "Billings in excess of costs and estimated earnings on uncompleted contracts," represents billings in excess ofrevenues recognized. Date of Management's Review: Management has evaluated all events and transactions that occurred between July 1,2011 and August 1, 2011, the date these combmed financial statements were available to be issued. Warranty: Warranty costs are normally incurred prior to project completion and are' charged to project costs as they are incurred. Warranty costs incurred subsequent to project completion were not material for the period presented. As of June 30, 2011, no accrued liability was considered necessary by management of The Company for warranties on completed jobs. Use of Estimates: The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America reqnires us to make estimates and assumptions that affect the reported amounts of assets and liabilities, the disclosed amolJIlts of contingent assets and liabilities, and the reported amounts of revenues, costs and expenses. Management believes the most significant estimates and assumptions are associated with revenue recognition on construction contracts and valuation of contracts receivable, as well as the determination of cost to complete for all contracts in progr~s. If the underlying estimates and assumptions, upon which the financial statements are based, chan'ge in the future, actual amounts may differ from those included in the accompanying combined financial statements. 9 Benitez & COffioanv. CPA', H & R:PAVING, INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED INTERIM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE I -Summary of operations and significant accounting policies (Continued): Loss on Contingencies: Various legal actions, claims and other contingencies arise in the normal course of business. Contingencies are recorded in the financial statements, or ·are .otherwise disclosed, in accordance with Financial Accounting Standards Board (F ASB) Accounting Standards Codification (AS C) 450, "Accounting for Contingencies." Specific reserves are provided for loss contingencies to the extent that . management concludes their occurrence is both probable and estimable. Management uses a case-by- case evaluation of the underlying data and updates its evaluation as further information becomes known. Management believes that atiy amounts exceeding the recorded accruals should not materially affect The Company's financial position, results of operations or liquidity. However,the results oflitigation are inherently unpredictable and the possibility exists that the· ultimate resolution of one or more of these matters could result in a material adverse effect on The Company's financial position results of operations or liquidity, NOTE 2 -Contracts receivable, net: At June 30, 2011, contracts receivable are summarized as follows: Currently due on contracts: Amount Uncompleted contracts $ 735,427 Completed contracts 2,262,783 Retainage held on contracts: Uncompleted contracts 242,797 Completed contracts 41,530 $ 3,282,537 Less: Allowance for doubtful accounts (439,434) Total contracts receivable, net $ 2,843,103 Of the amounts "Currently.due on contracts" f!1 June 30, 2011, $1,057,857 has been outstanding for more thao ninety days. In a<Idition, a total of $161,590 of the currently due on contracts outstanding more than ninety days has been collected as of July 25, 2011. -~------'=t='l'!.1Iing~the-p~n,~·~h9~rn.9-efl-Jufle--:h~2~B:e~ust-Sm-e:f---.aGGEH:h"1t~~f.QI~PFr..o.."Ximatel~,-32%~of .Th ....... e"'. _~ Company's net contracts receivable. Total contracts receivable due from this customer amounted to approximately $896,961. 10 Benitez & Company, CPN, H & RPAVING, INC. AND ONE HUNDRED & 1ENTH INVESTMENT CORP. N01ES TO THE COMBINED IN1ERlM FINANCIAL STA1EMENTS Six Months Ended June 30, 2011 NOTE 2 -Contracts receivable, net (Continued): Analysis of the changes in the allowance for doubtful accounts for the period ended June 30, 2011: Balance, beginning of year Additions charged to operations Direct write-offs Recoveries Balance, end of period N01E 3 -Inventory:· Amount $ 507,022 (67,588) $ 439,434 At June 30, 2011, inventory consists of milled material, rock, sand and liquid bitumen as follows: Inventory Total N01E 4 -Costs and estimated earnings on uncompleted contracts: $ $ Amount 74,715 74,715 At June 30, 2011, costs and estimated earnings on uncompleted contracts are derived as follows: Costs incurred on uncompleted contracts Estimated earnings to date Billings to date Included in the accompanying combined balance sheet under the following captions: billings on uncompleted contracts Billings in excess of costs and estimated earnings Amount $ 10,363,667 388,406 10,752,073 (11,287,059) $ (534,986) $ 670,679 on uncompleted contracts (1,205,665) $ (534,986) 11 Benitez & Company, CPA', H& RPAVING, INC. AND ONE ffiJNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED INTERIM FINANCIAL STATEMENTS Six Months Ended June 30,2011 NOTE 5 -Prepaid expenses: Prepaid expenses consists of $113,179 of insurance premiums paid in advance of the due date in accordance with the payment schedule established by the insurance company. Prepaid expenses also consists of$II,880 of prepaid bond expense. NOTE 6 -Property and equipment, net: At June 30,2011, property and equipment consists of the following: MachineI)' and equipment Transportation equipment Land Furniture and fixtures . Less: accumulated depreciation Total property and equipment, net Amount $ 4,554,135 465,146 180,500 5,114 5,204,895 . (4,246,382) $ 958,513 During the period ended June 30, 2011, depreciation expense charged to operations was $115,254. Depreciation of property and equipment is provided utilizing the straight-line method over the estimated u~efuJ lives of the respective assets as follows: Furniture and fixtures Machinery and equipment· Transportation equipment NOTE 7 -Investments in marketable securities: Years 10 7 5 At June 30,2011, cost and fair value of marketable securities consists ·ofthe following: . ~ . Available for sale: Equity securities $ Mutual funds Cost 139,509 284,424 $ 423,933 $ $ 12 , Gross Umealized Vain 23,282 23,282 Gross Umealized Fair Lllsses--V-alilc $ $ 162,791 21,496 262,928 $ 21,496 $ 425,719 . RPliitP7. f,f l:nmnRnv. CPA's H & RPAVING,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED INTERlM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 7 -Investments in marketable securities (Continued): The change in net unrealized holding gains on marketable securities available for sale in the amount of $8,062 has been charged to other comprehensive income for the period ended June 30, 20 II. The fair value of all marketable securities has been measured on a recurring basis using Level I inputs, which are based on unadjusted quoted market prices within active markets. There have been no changes in valuation techniques and related inputs. NOTE 8 -Accounts payable and accrued expenses: Accounts payable and accrued expenses include amounts due to subcontractors, suppliers, and warranty provisions at June 30, 2011. During the period ended June 30, 2011, three vendors accounted for approximately 21 % of The Company's accounts payable. Total accounts payable due to these vendors amounted to approximately $438,551. . At June 30, 20ll, accounts payable include amounts due to sub-contractors, totaling $232,048, which have been retained pending completion and customer acceptance of jobs. NOTE 9 -Contingent liabilities: The Company is engaged in certain legal actions arising in the ordinary course of its business, and the outcome of these actions cannot be ascertained at this time. The Company believes the claims are without merit and.is vigorously defending the cases. In the opinion of management, these claims will not have a material adverse effect on the financial position of The Company. NOTE 10 -Common Stock: H & R Paving. Inc. $10.00 par value, 50 shares authorized, issued and outstanding $75.00 par value, 100 shares authorized, issued and outstanding Combined Total 13 $ $ Common Stock 500 7,500 8,000 Benitez & Company, CPN, H&RPAVING,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED INTERIM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE II • Indirect costs not allocated to contracts: Indirect costs consist of both fixed and variable elements of costs, not allocated to contracts as of June 30,2011. NOTE 12 • Supplemental data to the Combined Statement of Cash Flows: The Company did not finance any equipment during the period ended June 30, 2011. NOTE 13· Creclit line facility: The Company has a revolving credit line facility with a financial institution, providing fora maximum borrowing of $1,000,000. Said line is collateralized by the stockholders' personal and individual guarantees. It is subject to revolving terms and annual review, and it is bearing an interest rate equal to the BBA LIB OR Daily Floating Rate plus 2.00%. The credit line is due. on demand on April 24, 2012, unless renewed or extended by the fmancial institution. At June 30, 2011, there were no amounts outstanding on the credit line facility. The Company is in compliance with the financial covenants set forth in the tenns and conditions of the credit line facility agreement. NOTE 14 • Significant change on estimated contract profitability: During the period ended June 30, 2011, The Company reported significant .revisions to estimated gross profit on the following uncompleted contract: Contract Number Estimated gross loss at June 30, 2011 Less: estimated gross profit at December 31, 2010 Change in estimated gross profit Estimated loss at June 30, 2011 Less: estimated earnings realized during the year ended December 31, 2010 Gross loss realized during the year ended December 31, 2010 2700 CW) $ (125,279) 53,909 $ (179,188) $ (125,279) 49,746 $ (175,025) Change in estimated gross profit is attributed to unforeseeable job site conditions and other factors affecting the contract. 14 Benitez & Comnanv. CPA:, H&RPAVING,lNC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED lNTERIM FlNANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 15 -Provision for anticipated loss on contract: The Company anticipates a loss on contract nwnber 2700 M in the amount of $125,279. The anticipated loss has resulted from unforeseeable job site conditions and other factors. As described in Note -1 of these combined financial statements, it is The Company's policy to recognize the entire anticipated loss on a contract during the period of discovery. Accordingly, the entire anticipated contract loss has been recognized in the accompanying combined financial statements in accordance with Financial Accounting Standards Board (FASB) Accounting Standards Codification (ASC) 605-35, "Accounting for Construction-Type and Productiori-Type Contracts." NOTE 16 -'Related party transactions: The Company leases an additional storage yard from One Hundred & Tenth Avenue Property, Inc. and One Hundred & Tenth Avenue Holdings, LLC., related parties, under a non-foTInal year to year operating leases. , NOTE 17 -Contract revenues earned: During the period ended June 30,2011, two customers accounted for revenues comprising of 41 % of The Company's total reveriues. Total revenues derived from these customers amounted to approximately $3,242,323. NOTE 18 -Surety indemnity agreement: In the 'ordinary course of business, The Company I1)ay obtain surety bonds, that are provided to certain customers to comply with contract provisions and performance under the contracts. In the event of non-performance by The Company under a contract resulting in a paid loss by the surety, and based upon the terms and conditions of the indemnity agreement signed by The Company, may be liable to the surety for those amounts paid on behalf of The Company. , , NOTE 19 -Income taxes: H & R Paving, lnc. recognizes income from long-term contracts on the percentage-of-completion One Hundred & Tenth Investment Corp. recognizes revenues and costs on the accrual basis of accounting for financial statements reporting purposes and utilizes the cash method for tax reporting purposes. 15 "Rpn 1 t"F'7 fJ rnmn~nv. rPA'c H & RPAVING, INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED ~TERIM FINANCIAL STATEMENTS Six Months Ended June 30, 201 I NOTE 19 -Income taxes (Continued): The stockholders of H & R Paving, Inc. and One Hundred & Tenth Investment Corp. have elected for the cOIporations to be taxed as subchapter S-Corporations effective September 15, 1986 and January 1,1993, respectively. As an S-Corporation, The Company passes through items of income and deductions to the stockholders each year as earned, and thus pays no federal corporate income tax itself. At June 30, 2011, current federal tax liabilities passed through to the stockholders, using an estimated effective rate of35%, are sununarized as follows: -Estimated taxable income pass through to stockholders Estimated effective tax rate (expected to be applicable for the full year) Estimated stockholders' current tax liability Less: estimated tax deposits and credits Net estimated stockholders' current federal tax liability $ $ 1,103,518 35% 386,231 (386,231) . Although not accrued in the accompanying combined financial statements, current and deferred federal income tax 1iabilities pass through to the stockholders at June 30, 2011 are summarized as follows: Difference in depreciation methods Net deferred federal income tax liability pass-through NOTE 20 -Backlog: Current $ $ Long-term Total $ 141,909 $ 141,909 . $ 141,909 $ 141,909 The follomng schedule summarizes changes in backlog on contracts during the period ended June 30, .2011. Backlog represents the amount of revenue The Company .expects to realize from uncompleted contracts in progress at June 30, 201 I and from contractual agreements on which work has not yet begun: , , Backlog balance at December 3 1,2010: $ 5,408,550 :Ne"Vv 0un1.i:&.cts dilling the penod eudcd J-uuc 30, :2.011: z1-a-9-R~{i ',~ . -)-~ - 10,387,240 Less: contract revenues earned during the period ended June 30, 2011: (5,870,954) Backlog balance at June 30,201 1: $ 4,516,286 16 Rpnitf'7. f.f f:nmnanv. CPA's H&RPAVING,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED INTERlMFINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 20 -Backlog (Continued): The Company is generally required to fqmish perfonnance and payment surety bonds to contract owners. During the period ended June 30, 2011, a certain surety company issued $3,3321,525 of new surety bonds to contract owners. The bonds are secured by receivables from bonded contracts and .a general guarantee from The Company .. At June 30, 2011, surety bonds for contracts totaling $12,862,465 had been issued with a current backlog amount of$3,784,363. The Company regularly enters into work-order contracts with a maximum contract value over a stated period· of time. These contracts are billed to owners based on unit prices and approved work-orders, . . and said contracts mayor may not reach the maximum contract value at the .end of the contract period. At June 30, 2011, The Company had entered into ,various work-order contracts with a combined maximum value of $22,708,987, and their respective approved work-orders amounted to $7,101,035. In addition, between July I, 2011 and July 25, 2011, The Company was awarded additional construction contracts with projected revenues of $2,053,642. , , 17 Contract Number 1531 "./' S 2607 (W) 2633 2656 (W) 2661.v 2668 26751 2683 2700 (W) .. // 2702 270<\ 2709(W) 2714 2716 2125 (W) 2736 2737 (W) 2743 2757 (W) 2760(W) 2762 2772(W) Contraet Pri~ Including ChllI1ge Qnl.rn 680,000 2,718,943 1,125,000 345,285 885,837 868,768 741,662 671,168 2,865,221 499,910 894,885 405,814 151,007 338,208 79,558 457,246 124.015 592,273 152,603 309,596 261,360 100,000 Cohtraet Totals Estimated c,'" Including Change o,d= 640,560 2,515,022 1,056,150 310,756 853,941 811,429 694,196 626,200 2,990,500 466~9-l6-- 842,081 383,494 146,192 316.901 75,572 425.239 115,582 556,026 142,531 301,856 248,292 93.300 Estimllted "''''' ProSt (Loss) S 39,440 S 203,921 68,850 - 34,529 V"" 31,89o.v 57,339- 47,466 - 44,968 ~ . (115,279) ¥ 32.?94 _ 52,798 - 22,320 4,815- 21,307.1" 3,986 32,007 8,433 36,247 10,072 7,740 13,068 6.700 Contract Revenues ",,".d 473,356 2,009,956 680,366 300,112 684,103 698,681 575,0}6 31:5,033 2,576,407 460,590 333,136 260.:531 146,307 12,257 39,383 62,628 63,:503 44?,066 85,449 238,817 215,855 13.:521 Totals S 15,268,359 ..... ~ 14.612,748 :; 655,611 $ 10.752.073 ; ,. \ (W) '" Work-order contracts widt a maximllm value not yet met See independent accountants' revi.1 report and ,ccompanying notes to these combifed financial statements. $ H& RPAVlNG,lNC. SCHEDULE 1 -UNCOMPLETED CONTRACTS Six Months. Ended June 30, 201 t From inception to JIUre 3D, 2011 Cost of Profit Revenue.. Estimllted % Earned Earnings (Loss) To Date 445,901 1,859,209 638,728 270,100 659,475 652,568 538,215 349,906 2,701,686 430,191 313,481 246,202 141,642 11,485 37,410 58,244 59,185 419,706 79,809 232,847 205,062 12,615 S 27,455 150,747 41,638 30,012 24,628 46,113 36,801 25,127 (125,219) 30,399 19,655 14,329 4,665 m 1,973 4,384 4,318 27,360 5,640 5,910 10,793 906 5,80% 7.50% 6.12% 10.00% 3.60% 6,60% 6.40% 6.70% 6,60% 5.90% 5.50% 3.19% 630% 5.01% 7.00% 6.110% 6,12% 6.60% 2.50% 5,00% 6,70% Billings to Date S 495,895 2,438,534 904,086 . 345,2&5 860,161 797,002 667,979 451,159 2,570,191 498,785 246,114 )30,353 150,299 9,347 4,558 8,156 28,690 431,948 20,560 30.664 197,293 . Percentage of Completion $ 69.61% 73.92% 60,48% 86,92% 77.23%>' 80.42% 17.53% 55:88% 89.92%/ 92.13% 37.23% 64,20% 96.89% 3.62% 49.50% 13.70% 51.21% 75.48% 55.99% 77.14%. 82.59% 13.52% Estimllted Coot " Complete 194,659 655,813 417,422 40,656 194,472 158,861 155,981 276,294 288,814 36,725 528,606 137,292 4,550 305,416 38,162 '366,995 56,397 136,~20 62,722 69,009 43,230 80,685 S 10,363,667 $ 388,406 511,281.059 :; 4,249,081 ;. AtJune30, lOll Costs IIlld Estimllted Eamingsin Excess of Billings $ 6,216 87,022 130,178 2.910 34,825 54,472 34,813 15,118 64,889 208,153 18,562 13,521 5670,679 $ Billings iIi a.tcess of Costs and Estimated Earnings 22,539 428.:578 223,720 45,173 176,058 98,321 92,963 76,i26 38.195 3,992 5 1,205,665 For the period endedJllllc 3D, 2011 Contract Revenues Earn,d $; 114,273 58.039 103,496 2,792 (52,842) 190,439 84,531 68,202 1,155,091 58,292 179,844 260,531 83,803 9,'" 36,646 62,628 63,503 447,066 85,449 238,817 215,855 13,521 S 3,479,824 , Costaf Revenues E",,,d 111,136 to2,484 97,162 2,512 (3,176) (77,870 79,121 63,633 1.330.116 54,445 169,233 246,202 83,201 9,228 34,810 58,244 59,185 419,106 79,809 232.847 205.062 (2,615 S 3.524,945 Oro" Profit CLoss) , 3,037 (44,445) 6,334 280 (49,066) 12,569 5,410 4,569 (175,025) 3,847 (0,611 (4,329 601 620 1,836 4,384 4,318 27,360 5,640 5,970 to,793 906 S (I45,12n Ccnb'act T ctals Conb"act Cost of Contract Revenues Revenues Gross Nom, ",""d Earn,d Profit 2643 $ 343,833 S 257,9"78 $ 85,855 2667 381,384 297,462 \" , 89,922 2671 278,006 161,403 116,603 2701 589,035 559,441 29,594 2746 129,983 62,502 67,481 2751 138,028 46,621 91,407 2764 154,213 51,266 102,947 Small Jobs 1,126,990 935,943 191,047 Totals S 3,141AR. , 2,372.616 S 7.11.856 ,V·· - See independent accountants' re',~ew report and accompanying notes to these COIlbined fmancial statements, H & R PAVING, INC. SCHEDULE 2 -COMPLETED CONTRACTS Six Months Ended JWle 30, 2011 Before January 1,2011 During the period endcdJuile 30, 2011 Contract Cost of COlllIact Cost of Revenues Revenues ""'" Revenues Revenues "'." Earn,d Earn,d Profit "Earned Earn,d ~ $ 272,993 S 257,978 $ 15,015 $ 70,840 $ $ 70,840 281,137 262,582 18,555 106,247 34,880 71,367 86,321 80,451 5,870 191,685 80,952 110,733 115,891 108,242 7,649 473,144 451,199 21,945 129,983 6~O2 67,481 138,028 46,621 91,407 154,213 51,266 102,947 1,126,990 935,943 191,047 S 756.342 .s 709,253 $ 47.089 -..llJ.21,PO"" _ SI,663,363 $ 727,767 H&RPAVING,INC, AND ONE HUNDRED & TENTH INVESTMENT CORP, SCHEDULE 3 -COMBINED RECONCILIATION OF GROSS PROFIT Six Months Ended June 30, 2011 Contract Revenues Job to Date Reconciliation Earned Contracts completed at June 30, 2011 $ 3,147,472 Uncompleted contracts at June 30, 2011 10,752,073 Sub-total 13,899,545 Less: Revenues earned on uncompleted contracts before January 1, 2011 (8,028,591) Sub-total 5,870,954 Asphalt sales 1,981,043 Combined Statement of Eamings·at June 30, 2011 $ 7,851,997 See independent accountants' review report and accompanying notes to these combined financial statements. 20 $ $ Cost of Revenues Earned 2,372,616 $ 10,363,667 12,736,283 (7,447,975) 5,288,308 874,775 6,163,083 $ Gross Profit Before Indirect Costs 774,856. 388,406 1,163,262 (580,616) 582,646 1,106,268 1,688,914 Benitez & Company, CPA', H & R PAVING, INC. AND ONE HUNDRED & TENTH INvESTMENT CORP. SCHEDULE 4 -COMBINED INDIRECT COSTS NOT ALLOCATED TO CONTRACTS Six Months Ended June 30, 2011 Cost Description: Fuel Insurance Mechanic salaries Depreciation Automobile expense Field and related Radio and communication Repairs and maintenance Total indirect costs Less: portion allocated to contracts Total indirect costs not allocated to contracts See independent accountants' review report and accompanying notes to these combined financial statements. 21 -, Amounts $ 302,954 220,989 118,548 115,254 114,255 111,136 14,479 9,872 1,007,487 (982,947) $ 24,540 Benitez & Company, CPA:, , H&RPAVING,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. SCHEDULE 5 -COMBINED GENERAL AND ADMINISTRATIVE EXPENSES Six Months Ended June 30, 2011 Expense Description: Administrative salaries Professional fees Office expense Insnrance Contributions Dues and subscriptions Miscellaneous Meals ilnd entertainment Utilities Travel and lodging Bank service charge Telephone Postage and delivery Total See independent accountants' review report and accompanying notes to these combined fmancial statements. 22 . Amounts $ 290,468 79,799 78,212 47,702 20,498 10,752 10,436 8,510 6,280 . 5,854 3,497 3,102 3,099 $ 568,209 Rp..nitP.:7. f.f r.nmnanv. CPA's (This page intentionally left blank.) , -, Ren i tez cd' Comnan v. CPA!, ,. \ H & R PAVING, INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. SCHEDULE 6 -COMBINING BALANCE SHEETS . ,. \ ASSETS Current Assets: Contraots receivable, net \J"ote -2) C.""",, "'" ~";-'~t Inventory (Note -3) . Costs and estimated eami 'gs in excess of billings on uncompleted' ntracts (Note -4) Prepaid expenses (Note -) Loan to employees Total cu ent assets Property and equipment, et (Note -6) Other Assets: ,,,'-,,,. ,,, ,,-...,,'''t-~ (NO> ~ " Security deposit Total OUI r assets . Total ass ·,ts See independent accounta1ts' review report and accompanying notes to ther" combined financial sl!ltements. June 30, 2011 H&R One Hundred & Tenth Paving, Inc. . Investment Corp. $ 1,924,393 $ 1,468 2,843,103 . 74,715 670,679 125,059 286 5,638,235 1,468 778,013 180,500 425,719 4,396 430,115 $ 6,846,363 $ 181,968 Eliminations Combined $ $ 1,925,861 2,843,103 74,715 .670,679 125,059 286. 5,639,703 958,513 425,719 4,396 430,115 $ . $ 7,028,331 LlABItITIES AND ST0c[<HOLDERS' EQUITY Current Liabilities: Accounts payable and acl:·rued expenses (Note -8) Provision for anticipater'. ass on contract (Note -15) Billings in excess of cost and estimated earnings on uncompletek contracts (Note -4) Total liabilities Contingent liabilities (Not~ -9) Stockholders' Equity: Common stock (Note -1'~' Addition,u paid-in-capit Retained earnings (Detic t) Accumulated other comp ehensive income Total st+kholder's equity Total liabilities and stockhJ,Jders' equity . \. ~ ,. \ H & RPAVING, INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. SCHEDULE 6 -COMBINING BALANCE SHEETS June 30, 2011 H&R Paving, Inc. One Hundred & Tenth Investment Corp. $ 2,119,782 $ 12,766 1,205,665 .3,338,213 500 7,500 831,118 3,505,864 (656,650) 1,786 3,508,150 181,968 $ 6,846;363 $ 181,968 See independent accounta~ts' review report and accompanying notes to the.;e combined financial statements. . I Eliminations Combined $ $ 2,119,782 12,766 1,205,665 3,338,213 8,000 831,118 2,849,214 1,786 3,690,118 $ $ 7,028,331 H & R PAVING, INC. AND ONE HUNDRED & TENTI;IINVESTMENT CORP. . \. t SCHEDULE 7 -COMBINING STATEMENTS OF EARNINGS (OPERATIONS) Six Months Ended June 30, 2011 Contract revenues: Contract revenues eam!l Cost of revenues: Cost of revenues earned ", \ Gross profit before indirecdcosts Indirect costs not alloc"jed to contracts (Note -11) Gross profit on contracts General and aciministrativl}jexpe.nses Income (Lbss) from opendons Other income: Dividend income Interest income Realized gain from sale rf available-for-sale secuC;lties Total other income Combined net income (1o,,~) Other comprehensive inco~ne: Unrealized gain on ava:.l!able~for~sale securities: Arising during the ye2 Reclassification to othqr income Total other comprehensivei income (Note -7): H&R Paving, Inc. $ 7,851,997 $ 6,163,083 1,688,914 24,540 1,664,374 568,074 1,096,300 8,109 4,235 5,253 .17,597 1,113,897 13,315 (5,253) 8,062 One Hundred & Tenth Investment Corp. $ 135 (135) $ (135) Eliminations $ $ Total comprehensive incct[le (loss) See independent accounlflts' review report and accompanying notes to thre combined financial statements. $ 1,121,959 $ (135) =$,===== Combined $ 7,851,997 $ $ 6,163,083 1,688,914 ~540 1,664,374 568,209 1,096,165 8,109 4,235 5,253 17,597 1,113,762 13,315 (5,253) 8,062 1,121,824 H&RPAVlNG,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. SCHEDULE 8 -COJl.1BINING STATEMENTS OF STOCKHOLDERS' EQUITY Common stock (Note -10): Balance, beginning of~':~ '''"~ 0", ., ~""' l Additional paid-in-capital: ' Balance, beginning of?"'ar Balance, end of period 1 Retained earnings: Balance, beginning Of:itar . Combined net income ( oss) . Distribution to stockhol lers - ",",0 .... "'"..;"' I Accumulated other compm :lensive income Balance, beginning ofy ar Other comprehensive iIome (Note -7) Balance, end of period Stockholders' equity, end 0 .. period .~. ~ See independent accounta1ts' review report and accompanying notes to there combined financial statements. Six Months Ended June 30, 2011 H&R One Hundred & Tenth Paving, Inc. Investment Corp. $ 500 $ 7,500 500 7,500 831,118 831,118 ----- 2,806,967 (656,515) 1,113,897 (135) (415,000) 3,505,864. ___ {656,0.Ql. (6,276) 8,062 1,786 $ 3,508,150 $ 181,968 Eliminations Combined $ $ 8,000 ___ 8,000 831,118 -----831,118 2,150,452 1,113,762 (415,000) _ 2,849,214 (6,276) 8,062 1,786 $ $ 3,690,118 , GROUP 2 -MIlliNG & RESURFACING OF ASPHALT CONcR£l!E " 2528 1. 2656 City of Homestead City of Miami Beach • 2702 Miami-Dade County Public Works ,b Jj{+y 0 F Atte-tJ1v{ljl Nt?: 2-9 AVE'": ..ftJI> tilt£' 34 /file: R.esrJllFlfe;,..t;, 1/3/2010 12/i5/2010 $ 8/7/2009 10/1/2011 $ 7/15/2010 11/1/2011 $ _4/-?£/1i_!1/k)-f:I.---S ContracI: , .. Owner Phone # '1,555;432 ,Mafid'Cabt~ra\:'~;:}f,.305-470-S347 ': .. ', .. ~ ,,, "~, ~.:.;;:( f:",t.:.; :; ·,i':i~~·;',::·· ~ 225,000 "Mafiij'eilbre'r-a,,·":'-;'(i 305-470-5347 ;~~:~~: : ;~~':~1~~I~~l\Jl~~~ :~~~~:~::: 600jOOO Omar Luna 2,557,000 Carlos Da Cruz 499,910 Joaquin Rabasa Z.J!_1,dgl __ ~~.'(-70ME"1 305-224-4639 305-6(3-7497 305-299-9822 ~ar:.4£t. ~2r GROUP 3 -~~PHALTlC~CONCRETE!RELATED MATERIAL to BE PICKED UP OR DELIVERED TO THE CITY .,r' ,1 L~ r " r ""?if,~,~,,,",, •. ,;,,j);, .. ~,.,,,, H. 0 'T 1"l11$T'<"'-,,:XC.4V4"t!>f<-;>;~fJ:::~G/!,f~:i<::fl'C~,f.;'3fJ.~ $ f't..3-,; n(J. -VIII?JIt IS&f(Ht!L.2~-=a.({9 • 185' Downrite Engmeering , :\f~y'~1f(~O::~/~"'~: 022 Gonzalez & Sons EqUipment 115 Quality Paving I ' GROUP 4· iSTRIPING • mY ROADS/PARKING LOTS ~ Vivian Gutierrez , Norma Gonzalez 305-822-5455 305-2.61-2426 I City of Miami Beach, 1700 Convention Center Drive, Miami Beach. Florida 33139, www.mlamibeachfl.gov PROCUREMENT DIVISION Tel: 30q-673-7490, Fax: 785-394-4624 Invitation to Bid (ITB) No. 15-11/12 (Revised) For Concrete Curbing/Sidewalk Construction;Purchase of Asphaltic Concrete/Related Materials, and Striping of City Streets and Parking Lots Addendum No.1 January 25, 2012 Notice to Bidders • The Questionnaire Form has been revised. See Attachment A. • . The pre-bid meeting sign-in sheet is attached. See AttachmentB. • Asphalt contractor must have a crew for asphalt cut restoration. Questions Ql. A. Q2. A. Q3. A. Q4. A. Q5. A. Q6. A. Q7. A. Q8. A. Please provide the bid tabulation to the previous Invitations. to Bid. See Attachment C. Would a bidder meet the minimum requirements by subcontracting!he work specified? Ves, bidders must list each subcontractor using the form provided in.Attachment D, in addition to listing their experience, qualifications, licenses,' certificates and any 6ther pertinent Information requested from the prime contractor in this ITB. Must a. bidder provide pricing for all four categories provided? Bidders mav bid on as many groups as they choose. It is not mandatory to bid on all groups. Please explain the difference between pay items #52 -Thermoplastic Striping (4" and 6") and #53 ThermoplasticStriping (4" and 6") White Paint. Item #52 is for yellow and blue paint. Item #53 is for white paint only. Is there a minimum self-performance requirement? No. In regards to the· minimum requirements is this bid open to site contractors or general contractors only? Site contractors and/or general contractors may bid on this ITB. Are alleYWaYS included in the scope for this project for milling and resurfacing? Ves. Are there any aluminum canopies for this job? No. ITB 1s..11/12-Addendum 1 January 25, 2012 Q9. Does the "individual employed" by the contractor refer to a subcontractor or an actual employee, for example, a superintendent who has performed on similar type projects that meets the required work experience? A. The ITB states the minimum requirement as follows: "For purposes of compliance with this minimum experien·ce requirement, the term "Bidder" is hereby defined to mean either the business entity or the individual employed by the contractor ("Qualifier") which is submitting a bid pursuant to the ITB." This refers to an individual currently employed by the prime contractor and not a subcontractor. Attachments • Attachment A -Revised Questionnaire Form • Attachment B -January 18, 2012 Pre-Bid Sign-In Sheet • Attachment C -ITB 30-08/09 Bid Tabulation • Attachment 0 -Subcontractor Listing Form THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE BID ADDENDA ACKNOWLEDGEMENT FORM. IF A BIDDER FAILS TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM AS PART OF ITS .BID SUBMISSION, THE CITY RESERVES THE RIGHT TO REQUEST, AND THE BIDDER MUST COMPLYWITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT OF WRITTEN REQUEST FROM THE CITY. CITY OFMIAMI BEACH (t- Gus Lopez, CPPO Procurement Director ITS 15-11/12 -Addendum 1 January 25, 2012 , ATTACHMENT A -REVISED qUESTIONNAIRE FORM For Concrete Curbing/Sidewalk Construction, Purchase of Asphaltic concrete/Related Materials, and Striping of City Streets and Parking Lots ITB # 15-11/12 CONTRACTOR'S/ BIDDER'S QUESTIONNAIRE NOTE: InformatIon supplied in response to this questionnaire is subject to verijic;ation. Inaccurate or incomplete answers may be grounds for disqualijicationfrom award of this bid. Submitted to The Mayor and City Commission of the City of Miami Beach, Florida: By: Principal Office: How many years has your organization been in business under the current business name? ____ _ Does your organization have current occupational licenses entitling it to do the work/service contemplated in this Contract? ____ _ Please state license(s) type and number: include copies of above licenses and certificates with bid. Have you ever had a contract terminated due to fililure to comply with contractual specifications? __ If so, where and why? ____________________________ _ In what other lines of business are you financially interested or erigaged? __________ _ ---------~------------------~---------, .. -----".'---------.. -,.,.. _ .............. ---------".-._-,----_. --.--- Give references as to experience, ability, and financial standing. ______________ _ lT8 15-11j12-Addendum 1 January 25,2012 Is the business entity a Miami-based Vendor? Yes ( ) No ( ) If Yes, please submit' a copy 'of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. Is the business entity owned bya certified service-disabled veteran, and or a, small business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? Yes ( ) No ( ) Vendor Campaign Contribution(s): a. You must provide the names of all individuals or entities (including your sub-consultants) with a controlling financial interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall mean any corporation, partnership, business trust or any legal entity other than a natural person. b. Individuals or' entities (including our sub-consultants) with a controlling financial interest: ___ have have' not contributed to the campaign either directly or indirectlY,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. Please provide the name(s) and date(s) of said contributions and to whom said contribution was made. , I HEREBY CERTIFY that the above answers are true and correct. ___________________ ,(SEAL) ___________________ (SEAL) ITS 15-11/12 -Addendum l. January 25, 2012 ATTACHMENT B -JANUARY 18. 2012 PRE·BID MEETING SIGN-IN SHEET , ITB 15-11/12 -Addendum 1 January 25, 2D12 [PAGE INTENTIONALLY LEFT BLANK) DATE: January 18, 2012 'lTB No.: 15-11/12 Pre-Bid Qualification Meeting TITLE: FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS Name Company Phone / Email • k:f;.tG ~Vl/-lf.-ti:~ 7'86-s67-610.9 ~7f)0#:y*~ _ft:~tt.flfilfcr(/'Il~ ::i)\I1~ . Mtlte.A..l..V/\'l2E.3 e ~6,Ctc. tUniC. YEN. MI1'.M,bE6IoCn 1t... C,ClV :Ioe.. 9'o..~c...:~ ~c.lo\a;,. ~~o aos -"5c(Z-9'2.Q. ~"'-~ ,,~ 0""; j~~"t<!:.~ ~O.C:O\M AdBl iJ.1 1\1 -=t;;,$ f:e ilL AGt-1:v,l Je.. {t. s. 305-l{~'1-ZP8 ~ AFUS"itR.@A6£..I&"Il.Wt>.t . .. . , - • , .. -_ ... --" .. _._ .. ... . . ... ---- ATTACHMENT C-ITB 30-08/09 BID TABULATION The following tables provide bid results for each of the four group categories; Group 1 -Concrete Curbing/Sidewalk Construction F & L Construction $322,800.00 GCWorks $462,915.80 Quality Construction $563,200.00 CEB Construction $588,670.00 Budget Construction $679,100.00 Horizon Construction $782,750.00 Metro Express $815,800.00 Community Asphalt $1,127,850.00 Group Z -Milling and Resurfacing of Asphalt Concrete H & R Paving $2,566,000.00 Metro Express $3,276,200.00 GCWorks $3,362,767.00 Budget Construction $4,348,000.00 Community Asphalt $4,783,000.00 F & L Construction $5,143,650.00 Horizon Contractors $6,506,500.00 Group 3 -Asphaltic Concrete/Related Material to be Picked Up or.Delivered to the City' H & R Paving $450,000.00 Community Asphalt $565,000.00 Horizon Contractors $613,000.00 Metro Express $740,000.00 GCWorks $768,400.00 Group 4 -Striping City Roads and Parking Lots High Tech Striping GCWorks Metro Express Horizon Contractors Community Ilsphalt ITB 15-11/12-Addendum"1 January 25,2012 $110,505.50 $161,395.19 $187,852.00 $237,153.75 $257,615.20 ATTACHMENT D -SUBCONTRACTOR LISTING FORM INVITATION TO BID (ITB) No. 15-11/12 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND P~RKING LOTS SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT Name of Subcontractor (Telephone and fax no.) Name:' ____________ _ Tel:, _______ _ Fax:' __________ _ Name:, ____________ _ Tel:, _______ _ Fax:' ______________ _ Name:' ____________ _ Tel,: ___ ~ ___ _ Fax~: __ ~---------- Name:' ____________ _ Tel:. ____ .-:... __ _ Fax,: _______ _ Name:' ____________ _ Tel:: _______ _ Fax~: ____________ __ Name:' ____________ _ Tel:. _______ _ Fax:' ____ .-:... __ _ ITB 15-11/12 -Addendum 1 January 2S, 2012 Work to be com leted % of Work to be erformed . (Attach additional forms if necessary) 1 :"-'::.,'. : •• ',.;; ; ... • Should the Bidder provide more than two decimals on the unit price, the City will round the number to the nearest hundredth, this is two dedmal places to at the total. The GRAND TOTAL BID AMOUNT includes the total cost for the work specified In this bid, consisting offurnlshlng all materials, labor, I:~~::::~ni~ supervision, mobilization, demobilization, overhead and profit, Insurance, permIts, and taxes to complete the work to the full intent.as shown or Ii contract documents. The administrative evaluation process will allocate a total of sbtty (60) points based on the TOTAL BASE BID AMOUNT plus I ~::~:~ :'~::F~::'llt:alternatives which may be selected at the City's sole discretion and based on funding availability. Bidders must fully complete the Schedule of II Include unit pricing and totals. The cost of any Item(s) of work not cove~ed by a -specific contract unit price shall be included In the contract unit ~~~~~i:~~~f~!·~m~o~n~f:~~'~~~~~~ I!::'.";~.:~.:~ BIDDER AGREES THAT THESE ERRORS ARE ERRORS WHiCH MAY BE CORRECTED BY THE CITY. GIVE BOTH UNIT PRICE PRICES MUST BE STATED IN UNITS OF QUANTITY SPECIFIED IN THE BIDDING SPECIFICATIONS, BIDDER AGREES THAT ANY UNIT PRICE 15 TO BE MIULlrJPLllE D BY THE STATED QUANTITY REQUIREMENTS IN ORDER TO ARRIVE ATTHE TOTAL IN CASE OF DISCREPANCY IN COMPUTING BID, THE UNIT PRICE SHAll GOVERN. THE CITY Will NOT ACCEPT ANY REVISION TO THIS UNIT PRICE FORM, DIVISIONS, UNE ITEMS, ADD Bidder's Affirmation: Written Total: _______________________________________ ---- ~mpany: __________________________________________ _ Addre~: ______ ~ _____________ ~ _____________________ _ Telephone: ________________________ _ E ... iI: ______________________ _ Si~ature: _______________________ _ Title/Printed Name: _______________________ _ -, 1-CONCRETE CURBING/SIDEWALK Co.NSTRUCTION M Contractor proposes to furnish all labor, material, equipment, supervision and transportation necessary I"', d"Uv,,, and install on an as-needed basis, concrete curbing/sidewalk construction for the City of Miami Beach in accordance with the Bid Specifications. RESURFACING OF furnish all Jabor, i transportation I n,,,.;sarv to deliver and install on an as-needed basis, asphaltic concrete/related materials forthe City of Miami Beach In accordance with the Bid Specifications. 1~:~:::~~:;:wlll provide Asphaltic Concrete in place, conforming with the requirements for Type 51 Asphaltic Concrete Surface Course as specified In the 1986 Florida II of Transportation Standard Specifications for Road and Bridge Construction, as needed, complete with Tack Coat, and properly saw-cut at the follOWing Ih II II IG"OUIP 3 M ASPHALTIC CONCRETE/RELATED MATERIAL TO BE PICKED UP OR DELIVERED TO. THE CITY M Contractor proposes to furnish all labor, material, eqUipment, Isu'perv>;ilI>n and transportation necessary to deliver and install on an as-needed baSiS, Asphaltic/Related Materials far the City of Miami Beach in accordance with tne SpeCifications. Contractor will provide Asphaltic Concrete In place, conforming with the requirements for Type 51 Asphaltic Concrete Surface Course as specified in 1986 Florida Department of Transportation Standard Specifications for Road and Bridge ConstructIon, as needed, complete with Tack Coat, and properly saw-cut following unit prices In accordance with the bid specifications. (Contractor to provide costs for type I, II and III) Contractor will provide Type 51, Type S2 and 53 Asphaltic concrete. Hot mix to be picked-up by City and Cold m~K to be delivered, at the following unit prices In accordance with the bid specifications. IGIIOIUP4 -STRIPING OF CITY STREETS & PARKING Lo.TS ~ Contractor will meet Dade Countyand Florida Department of Transportation Specifications at the following prices In accordance wIth the bid speCifications. Contractor proposes to furnish all labor, material, equipment, supervision and transportation necessary to deliver Install on an as-needed baSiS, Striping of City Parking Lots, and related materials for the City of Miami Beach in accordance with the Bid Specifications. Contractor 111 provide the striping of City Parking Lots atthe following unit prices in accordance with the bid specificatiOns . . 'I SS 1,000 SF