The URL can be used to link to this page

Res No 125-15-14464RESOLUTION NO.: _-,1-=2",5_-...!.1.::,5_-.!.,1 4~4"-6=-4=--__ 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 # 15-11/12 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 # 15-11112, 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 1 BUday of A.ugust ,2015. COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea South~iami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PlMsANT liVING TO: FROM: DATE: SUBJECT: BACKGROUND: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager August 4, 2015 Agenda Item 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 Oty Streets and Parki ng 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 (ITS No. # 1S-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 1-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: Amount not to exceed $65,000 ACCOUNT: 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. ATTACHMENTS: Proposed H & R Paving, Inc Resolution City of Miami Beach Certification of Contract H & R Paving, Inc. Bid Submittal City of Miami Beach Memorandum ce MIAMI BEACH- 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 DA TE(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 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·IGNME-NT· ·AND ,·PERFGRMANGE----Neitl=isr ... this·-Gorrtraci-I1Gr--ar-ty--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, 'lor 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 aU 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 b6'en 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 montns. 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 Expressf; 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.eom 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··Gsntr.-aet--sasas-l:JpSn-t,9is-pfevis!GR-SAa1!-!;)e-rnade--\-".Jltl:':ill-·seveA .. -; (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 ITB and Contracto~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 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 "3 \ day of M IV! • 20· n.. by their respective dUly authorized representat/JIes. CONTRACTOR By: X . AlTEST: (..»ol.. ~ l A-GorJ 2IY4;:-z.- Print Name I D~ CITY OF MIAMI BEACH Date Date APPROVED AS TO FORM & LANGUAGE & F'1R EXECUTION F:IPURCl$ALLITHEO\ITB\I1B 1&11·12· Aspha~ & Sbiping\ContractslH R PaVing.ti --:,....." ~~~~SJ3p2. n Dat 5 H&RPAVI-OFjo,iTeiMw'iiSTW~'~G;=GlS CERTIFICATE OF LlABIL.ITY INSURANCE I .. , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATioN 'ONLY AND CONFERS NO RIGHTS_~_~~~!!::,E_CERTIFICATE HOLDER. !HIS CERTIFICATE DOES NOT AfFIRMATIVELY OR NEGATIVELY AME!ND, EXTEND ORALTER THE COVERAGE AFFORDED BYTHEPOUCIES BELOW. THIS CERTIFICATE OF INS~RANCE DOES Nor'CONSTITUTE A CONTRACi-SEiWEEN THE ISSUING JNSURER(S). AUTHORIZEO REPRESENTATIVE OR OND THE ,e HOLDER. INSURED I '.SURER" I'NSURE"C, I INSURER., ,& ,Co. Of H & R Paving Inc. 1955 NW 11DtbAve Miami, FL 33172 • & Ind~tryJns. CO. , 19410 INDICATED. ~~;f: ENT. TERM .. ~u~::.~~_' DRcOTHER " • u HHIS CERTIFICATE MAY_~~ .. 'SSUED • THE INSU, '.::: 'THE HEREIN IS ouo" ,,-, ALL 'on" ,,~"o, EXcLUSIONS AND CONDITIONS OF: I . LIMITS: 'HAVE BEEN I ~;W:i--' _____ =~-----j 'L"fo\' TYPE Of l=F~ ~~-""''- I A yEOAt lJA6IUT:O"=., '""''' ' X '" 51112012 51112013 _ :: 1,000;00,0 300,000 10'00II 1;OOO,OO~ . P CLAIMS-MADE 00 OCCUR f7 I NeD EXP; 1.$ == I ,.' /1rI4~ 1o ... ",:: lpOUCY~-nLOC (/5/17, r-m--: i3 -,;-ANY AUTO ,X 96COF125f112012 51112013 ~' ,S ~ ALL OIfo.NED r-SCHEDULED 1;ooo,noc B -::;:-AUTOS , Ix ~grrfJwNEO A HIRED AUTOS ~ AllTOS I , :. y,. OINI' Equip 5/1/2012 ,5/112013 I <C. DISEASE, 51612012 51612013 1$1,000. Oed Applies I. I- 250,000 ~ ~':..I [ (Attu::h ACORD 101, Additional R~1it$ S",hedule, s re~uiiedJ of Asphaltic cDn~roteJrelated materials, ~1~~~i~~k'~:~~:p~rkjn~J~t~O bid (llB) No. 15~11/12 for concrete curbingfsidewalk: !C'lt; ~~Mlami Beach is named as; insured with "aspects to Gen~l Liability and Auto polil:ies . CERTIFICATE HOLDER Ci1;y of Miami Beach 1700 Convention'Center Drive Miami Beach. FL 33139 ACORD 25 (201 0105) . CANCEL.LA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEU.EO"BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE:: DELIVERED IN ACCORDANCE WITHiHE POLICY PROVISIONS. © 1986.,.201 0 J\cORD CORPORATION. All nghts reserved. ihe ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE· 5/7/20~2 ~'::t.~_ CERTIFICATE,~ 'oou~':'_ AS A MATTER OF INFORMAll0N ONLY _AND ",v nlun,. UP.ON THE,.~ CERTIFICAlE DOES NOT AFFJRMATlVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE ,\ue'D"r-cAFFORD!'!D BY THE THIS BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT .BETWEEN THE ISSUING INSURER{S). AUTHoRIZED REPRESENTATIVE OR PRODUCER, AND THE GBRTIFICATE HOLDER. ~~;~n'AN" If Ihe ,oflh~ hpO~~::~:~;;,uu"'':'NKL the.' '.m~st.o. If ,luN IS -! ~~bj.C: to may require an A sta~mel1t on this certificate does not confer rjghts to the , holde, in lieu of such' '. PRODUCER :a:astern 9570 SW Insurance Gro~, Inc~ 107 Avenue suite 104 :. " INSUREP H &: R l?aving, Inc. 1955 NW ~lO Avenue I Miami ~"'L UAS'I.lTY •• ;, FL 33~72 _ :=J CLAlMs-MADE D OCCUR LIABIUTY -ANYAllTO ~AIl.a\/\NED .--AUTOS ~ HIRED AIITOS . r-UM'REllA LlAB H ~~CUR EXCESSUAB ~.' Dav~d!d. ".ope. ~ (3051 . I'NSUO'.·. , I,NSUREAS, , ,NSU"''' om I GENERAL ~, I SACH' Ix I: 1$ I. I. I, l1. I.· I' " i' . NAleo ., 'l,OOO,OOC 1.000.00{ 1,OOO,OOC I =-._~.n ;;-; --OF OPERA. TIONSI LOCATIONS [VEHICLES (Attach ACDRD101, Additiolllli Remaf/ls $t;;h,.ILiJII, ttlllClrespace ls·rQqlliredJ I' • A"SJ ,npnh,.,"".-· to paving t si.dewal.l;:s t c:nn:bs I asphalt pl.ant ·;;rob #15-12/12 Xnv.itation to Bid (J:!l'a)' "No. l5-11/12 Eo%-ConerQte Cubr.ing/~i.dewal.k C~mstructi.on, PCl.rchase o£ Aspha1t:ic Concret.e/Re~a ted Materi.~ls, .And .Stripp±ng of City Street:!! and .J?arki.ng Lots City of ',Miami. 'Beach PRD~T Division 2700 Convent-ion center Dr.i-ve 'Miami B~ach, 'FL 3g:I.3.9 ACORD SHOULDANYTIF1'HE MSOVE OESCRIBED POUCIES5E CANCELLED BEFORE THE EXPIRATION DA Te m~REOF. NOT1CE WII.L BE DELIVERED IN ACCOROA.NC.e WITH 'THE "POLICY PROVISIONS. CORPORATION. All rights reserved. COMMISSION ITEM SUMMARY to COl)5truction, Purchase of Asphaltic ConcretelRelated Materials, Parking Lots; Awards shall be l3ased on Firms' Unit Prices as Follows: Group !: for Curbing/Sidewalk . Construction, Team Contracting, Inc,; Group II: for Milling and Resurfacing of Asphatt Concrete and the Purchase of Aephalfle>-Related Materiats, Metro Express. Inc.; Group JlI: for Asphaltic concreteJRelated Matertal to be Picked Up or Delivered to , H & R Paving. Inc.; and Group IV: for Slrtping of Cny Streets and Parking lois. H & R .1 I purpose construction. Ihe purchase of asphaltic and the of Chy streets and parking lots. This contract shall remain in effeCt for two ()!) year,irom the dete of oontract execution by the Mayor and CIty Cterk and two (2). one (1) year renewal opllon, al the sate discretion of the Ctty Manager The Minimum Specifications were broken down into four separate groups trom which bidders sUbmitted pricing on a Single, any combina1ion, or all groups of work as follows: • Group I Concrete/Curbing Sidewalk ConstructIon. • Group·JI Milling and Resurfacing of Asphalt Concrete and the Purchase of Asphalt-Related Materials. • Group !II Asphaltic ConcreteJReleted Material 10 be picked-up or delivered to the City. • Gro·up IV Striping of City Streets and Parking Lois. On January 6. 2012, the ITS wes issued with an opening date of February·!>, 2012. A Pre-proposal meeting to provide infonnatlon to prospective propose .. was held on January 18. 2012. Bidnet issued bid noliceS to 179 pmspective bidders which resufted In the receipt of four bids. On February 22, 2012. the Panel convened to discuss·eaoh company's proposal in addition to interviewing each of the oompeny's project managers. superintenden1S. and· estimators, Upon oomptetion of the Interviews. the Committee discussed 1heir individual perceptions of each prospective firm's qualifications, experience, and competence in orc!.Qf to develop its recommendation tQ 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 bidde~ respectively i,n each 'group. for award. For Groups 3,and 4, the Pane! voted4 to 1 in favor of ... commending H & R Paving. tnc.. the towest bidder in both groups for eward. Dwight Fulton recommended that the City award Groups 3 and 4 to Metro Express, Inc. because ~ would aUow for asphan and stoplng projects 10 be managed easier for the sake of cohesion and control ofthe overall process. Ph 11 Account Number MIAMI BEACH 71 DATE 3"2/-/2". ce MIAMI BEACH City of Miami Beach, 1700 C~nventfon Center Drive, Miami Becch, Roride 33~ 39, www,miomibeochR.gov COMMISSION MEMORANDUM TO: Mayor Matli Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager. DAlE: March 21, 2012 SUBJECT: REQUEST FOR APPROVAL AWARD CONTRACTS PURSUANT TO 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; 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 & R PAVING, INC. IN THE .ESTlMATEDANNUAL AMOUNT OF $560.0D4 . . ADMINISTRATION RECOMMENDATION .Approve the award of contract. KEY INTENDED OUTCOMES SUPPORTED Ensure well-maintained·faciltties . . FUNDING Funding in the amol,lnt of.$ 550,004 is available from the following accounts; $ 30,000 $ 35,004 $ 60,000 $100,000 . $325;000 Water Division Account Number 425.0410-000342 Sewer Division Account Number 425-0420-000342 Sidewalk Account Number 011-9407-000342 Street Pavement Restoration Capital project Account Number 302-2623-069357 Alleyway Restoration Program Ph II 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 15-11112 -ConoretelAsphalt/Striping SelVices Maroh 21. 2012 Page 2 014 years from the date of contract execution by the Mayor and City Clerk and two (2). one (1) year renewal options at the sola 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 seperate groups from which bidders submitted pricing on a single, any combination, or all groups of work as follOWS: o Group I -Concrete/Curbing Sidewalk Construction. • Group If -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. o Group IV -Striping of C~y Streets and Parking Lots. ITBPROCESS On January 6, 2012, the ITS was issued with an opening date of February 6, 2012. A Pre- proposal meeting to provide information to prospective propos"rs was held on January 18,· 2012. Bidne! issued bid notices to 179 prospective bidders -which resulted In tha receipt of the . following four (4) bids: . . o FHP TectoniCs Corp . . 0. H & R Paving. Inc. o Metro E;xpress, Inc. o Team Contrecting, 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. $316,650.00 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 Group .III -~sp'h.l!l~ic. ConcreWRelated Mate.rial to be ... Plc.ked Up or Delivered to the City H & R Paving, Inc. Metro Express. Inc. 73 $277 ,500.00 $298.500.00 I i I 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 in.a 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, PublicWorks 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 q\laliflcations, 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., the lowest bidders respectively in each group, for award. For Groups 3 and 4, the Panel voted 4 to 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 3 and 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 I eoh Striping has been in business for.over 15 years. Both companies have been providing stliping 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 perfonned 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 .... h __ ...... _h·. __ . afl(t'-stVfmwater"and'right"of~way 'repairs"foritie"City"of Mlami"'aITd-tlie' "eityhoreu,.k-Gables;-"-· Metro Express, inc. is currently a streetscape JOC Contractor performing vanous construction projects throughout the City. 74 .' Commission Memorandum -ITS 15-11112 -ConcreteiAsphE!ltIstriping Services 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" projects were favorable. The project manager indicated that Metro Express, .Inc did an excelleni job in Collins Park -Phase .11. 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 JOC 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 wolk 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 eHher 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, ths 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 curbing/sidewalk 'construction; 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 perking 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 It 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, Asphalt, Striping SelViea. -MEMO.doCX 75 t List of Current Contracts [ Contract Contract !j;hortdescriptlon . Vendor ID· . Coritractor Name Number TYbe 2014-325-01 term RFP GEN BLDG CONT REHAB SVCS 53600 GECKO GROUP INC. ("1"lN~1I1 TANT -. 2013-098-12 piggyback ROlITJNE SMALL DOLLAR PURCHASES 4857 GENERAL WELDING SERVICE, INC 2014-149-01 mnst UNIDAD BUILDING HANDRAILS AT NORTH 13943 GEORGE WELDING SERVICES SHORF RFQ -17-11/12 term GEOTECHNICAL & LABORATORY TE5T1NG 13216 GFA INTERNATIONAL, INC. 2013-113-04 term ROlITJNE AND EMERGENCY REPAIRS FOR 7596· GIANNETTI CONTRACTING CORP. WATER 2014-059-01 manage CONVENTION CENTER MANAGEMENT 45134 GLOBAL SPECTRUM LP ITB2-25-10/11 term UNIFORMS AND ACCESSORIES FOR 6580 GLOBAL TRADING INC. ITBA-25-11/12 term PURCHASE OF PUBUC SAFETY 5HOE5 6580 GLOBAL TRADING INC. 2015-046-01 mnst· REPL THE DRIVING RANGE NETTING AT 19324 GOLF RANGE NETTING INC. IMR(;r 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 SUPPUES 531 GRAYBAR ELECTRIC COMPANY INC 2013-264-02 uscom US COMMUNmES -MRO GOODS & 531 GRAYBAR ELECTRIC COMPANY INC 2015-105-2 piggyback PREQUAUFICATION FASTENERS 50663 GRAYSON INDUSTRIES, INC. 2013-333-03 piggyback FERTIUZERS (VAROUS TYPES) 51861 GREEN WAY TURF INC. 2013-266-PGM piggyback llLED COMMERCIAL RECORDS 51210 GRM INFO MNGT SERVICES OF MIA 2015-134-01 piggyback UPS SYSTEM PURCH, MAINT & REPAIRS S3539 GRUPO INPOWER, LLC 2013-214-01 its G-TEC EQUIPMENT SERVICES 44882 G-TEC 2013-157-01 term GYMNASnCPROGRAMINSTRUCTOR 51984 GYM KIDZ INC. iITBA-15-11/12 mnst CONCRETE CURBING/SIDEWALK 1500 H & R PAVING INC. II""",, 2012-066-14-term TRADES-GEN BUILDING, PLUMBING 50442 HABER & SON'S PLUMBING, INC IR IRFQT-Ol-09/l0 mth to mth ARCHITECTURE & ENGlNEERlNG 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 Renewal! Status Exoiratlon A 3/2/2018 2 P . 6/30/2015 4 P 0 , A 8/18/2016 2 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 10/31/2015 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 A 7/16/2018 0 A 4/13/2016 3 A 5/30/2016 0 A 4/14/2016 2 A 7/30/2015 0 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 N ofthe solicitation for parking lot striping; 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: 1, 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 for parking lot striping. 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, on an as needed basis, 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 the most important parts 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 cifthe 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 of the 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 City of Miami Beach contract to the contrary, this agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami- Dade County, Florida. Thomas F. Pepe -06-22-15 Page 1 of6 4. Notwithstanding anything contained in the contract to the contrary, the provisions of this Agreement shall apply and take precedence over any contrary provisions in the contract between the Contractor and the City of Miami Beach. 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 of its subcontractors are required to comply with the public records law (s.119.0701) 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 and any liability shall be limited to the value of this contract or the limits set forth in s. 768.28, whichever is less. 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, andlor 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 Thomas F. Pepe -06-22-15 Page 2 of6 by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the 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 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 term, condition or provision of this Agreement will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, 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 9r 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 performance 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. Thomas F. Pepe -06-22-\5 Page 3 of6 20. Severability: If any term 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 term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 21. No Discrimination: No action shall be taken by the Contractor, nor will it permit 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, 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 of the 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: In 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 dis.cretion, 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 Thomas F. Pepe -06-22-15 Page 4 of6 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 of the CITY in writing. Any assignment or subcontracting in violation 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 athird 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. Further 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 Thomas F. Pepe -06-22-15 Page 5 of6 names by their proper officials and to be attested by their respective Clerks the day and year first above written. Contractor: fit R !3tVfN@. ,I :::C"')c. .' BY:~~~6., , ' RAV LGo!\Jz.tl./....&;F'Z-j PI<.C;-s (pe-N T (type name and title of signatory above) CITY'.w:srnJTIlr1VlIM\4.I By:~~~~~~~~~~~B~y~:~~-=~~~ __ ~ Maria M. Menendez, CMC ---Steven Alexander City Clerk City Manager Thomas F. Pepe -06-22-15 Page 6 of6 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. SUP-ERSEDES: ITS No. 30-08/09 CONTRACTOR(S): H & R Paving, Inc. (Group 11/ and IV) ESTIMATED ANNUAL CONTRACT AMOUNT: NIA 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 concretefrelated materials, and striping of city streets and parking lots pursuant to City Invitation to Sid No. 15-11/12 and any addenda thereto (the ITS), and Contractor's bid in response thereto (this Contract, the ITS, 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 Seach 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 a1305-673-7000 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 servlcesiwork by Contractor. F~' ASSIGNrviEN=r ·AN·[;) -PERF-GRMANGE----Neither-this,,-GontFact.-RGr ·aR:l-ir.terest .. ,ner.eip..· 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 req uired 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(sl and lor work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE E)SCELLENCE 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 limes adhere to the City's Service Excellence standards. Training wlll be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES -In acoordance 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 /!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. Suppfles, work, andlor services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, arid/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 andlor the Contract Documents. Therefore, the parties agree that there are no third party beneficiaries to this Contra.ct 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 andlor 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 Expressili Inc. 9442 N.W.109 . Street Medley, Florida 33178 Attn: Mathew Wilkin. President Phone: 305-885-1330 Fax: 305-885·1327 E-mail: deJio@metroexnresscorp.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 fonnalion of this Contract and, therefore, is a material tenn 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 tenns of this Contract. M. SEVERANCE -In the event a portion of this Contract andlor 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 terminata-tl=iis··GentFset--6aSes·-l:1 p0f'rtAis-prG:v}sier.-sl=laU-be----.~.aQe-witt-lin-se:veR··· (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 !he 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 andlor 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 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; Oil 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 tIlis Certification of Contract to be signed and attested on this 3 I day of r-\ M , 20 ---.n.. by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By: Y ATTEST: ~cti ~ l A-GOr-l ZY4""l.- Print Name Date JDate APPROVED AS TO FORM & lANGUAGE & F()l'l EXECUTION F:\PURC\$AlLITHEO\IlB\ITB 15.f1-12-Asphalt& SIilpinglContracIsIH RPavlng.d""~..-;?'"" _ L L #!~~~-:~ 5 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 1.D 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. 1.2 1.3 1.4 1.5 1.6 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. . EXECUTION OF BID: Bid must contain a manual signature cif an authorized representative in the space provided on the Bid Form. Failure to properly. sign bid shall invalidate !iame and it shall NOT be considered for award. All bids must be completed in .pen and ink or typewntten. 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 . considared. Clarification of bid submitted shall be in letter form, signed by bidders and attached to the bid. NO BID: If not submiHing 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 supplle(s name from the bid mailing list. PRICES QUOTED: Deduct trade discounts and quote firm net prices. Give both unit price and extended total. when requested. Prices must be staled 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 ttems in with any other item or iiems. Cash or quantity discounts offered will not be a consideraticm in determination of award of bid(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·B012621639.C-9. MISTAKES: Bidders are expected to examine the specifications, delivery schedules, bid __ ._ ... _ .. , __ . __ . ___ .. ______ .. prices ... and .. extensions .. and .. a!Llnstru.ctions .pe.rtaining .. to _supplies_Bnd .s.ervices. Eallurejo_. ______ -' __ ._ .. ____ .'_' do so will be at the bidder's risk. BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 5 \ I I I I I \ I ! .-.-_ ... _._-_. -_ .... -... -------.. ---.------_._ ..•. -.. _ ...... --.-------~--.. -. ----- 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 latesi new and current model offered (most current production model al 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, ali manufactured ilems and fabricated assemblies shall be U.L. listed or re-examination lisling 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 technicaillies 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 equipmenVsupplies shall conform in quality, design and construction with all published claims of the manufacturer. . . Brand Names: Catalog numbers, 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 end verify that product(s) offered conform with or exceed quality as listed in Ihe specifications. Bidder shall indicate on the bid form the manufacturers 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 IHerature 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 with speCifications. Items delivered not conforming to specifications may be rejected anq 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 resutt in: . • Vendor's name being removed from the vendor list. • All departments being advised not to do business with vendor. 1;12 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 . . -. dE'arly·-rdeiiiHY samples -iiiaybii·reasiiiifor-· reTe-ctionofthe-"fjld.TJnless -othe-iWise-------------- 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 CITYOFMIAMI 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@miamibeacfi.gov. 1.15 BID OPENING: Bids shail 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 to/or 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 Of not conform to specifications, the City reserves the right to cancel the order upon written notice to the seiler 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 furnished 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 prod uct supplied to the City of Miami .Beach, Florida _____ , __ . ,_, ____ .. _. ___ '_ __ ,shaILcomoIlTJ.-in .. aILrespects.. to".tbe,.stendards..setJorth-in .. tbe .• OccupationaLSafeDj-.and .. ____ ,._ ,,_,_""' __ ... __ .. _' 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 ANT/-D/SCR/M/NAT/ON: The bidder certifies that helshe 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 D/SABIUTIES 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 (TrY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). 1.25 QUAUTY: 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, UCENSES AND PERMITS: Where bidders are required to enter or go onlo 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 re.quirementsas well as 1he Florida Building Code. The ,bidder shall be liable for any damages or loss to·the City occasioned b.y 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 sureiy required equal to liqUidated damages incurred by the CItY thereby, or where surety is not requIred, failur.e to execute 8 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 provision!; 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 Ihis invitation at any time and for any reason, upon giving thirty (30) days prior written notice to the other party • ... ..... __ ... _ ...... ~1,3.0_ .' .. aILLlNG.J.N.ST..~UCJJON.S.: ... lmf.ojces, ... ul)less .. otherwise jndicated ... mu.s! .. ",lOW ... p.ulJ:.base_ ..................... . order numbers and shan 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: Februa'Y'S, 2012 CITYOF MIAMI BEACH a t I l 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 J:!ID SPECIFICATIONS: If any person contemplating submitting a Bid under this Solicitafion is in doubt as to the true meaning of the specifications or other Bid documents or any part thereof, the Bidder must submit to ihe 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, wilt'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 confllc!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 riot be responsible for any other explanation or interpretation made verbally or in writing by any other city representaiive. 1.36 DEMONSTRATION OF COMPETENCY: • Pre-award inspection of the Bidder's facility may be made prior to the award of . GQntr.aGt.-··Bids··.\,AJiU .. Qnly-be---CGnsiaeFee··fr-Qm-firms-whiGh-are -FeS bI!aFJy-er.§a~ed -iR------· ... ----,·----,· 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 ._---_ .. _._---._---.... _-.. --. ._------... _._--_. -.. -..... ---_._--'---_. __ .. _-------_._------ 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 conflicts between this material information provided by the source of supply and the information contained in the Bidde(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 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 Commissionshail 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 tei any person, company or corporation without prior ---.. -----.-.. ---.-----.. wniien -co'nseiir,if1fie'Cily iifTviiamrBeaCiC"-... -. .-.--.--: . -----------.... -----.-.~--.. -.---------. BID NO: 15-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 10 .-.. --.. ---. ----------_._--.---------_. __ •...... -1----------.--.----.-.... --'-'---'-'---' .---. -... -.----.-.. -" ... ----.. -.---.---.---------. I 1.40 LAWS, PERMITS AND REGULATIONS: The bidder shall obtaih and pay for all licenses, permits and inspection fees required for this project; and shall comply with all lews, 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 resuKing 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 thai 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 finm who. is· in arrears to the City upon any debt, taxes or contracts which are defauHed as surety or .otherwlseupon any obligation to the City. 1.44 WAIVER OF INFORMALITIES: The City reserves the right to waive any infonmalilies or irregularities in this bid solicitation'. 1.46 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 obligeted to piece any order for a given amount subsequent to the award of lhis bid solicitation. Estimates are based upon the City's actual needs andlor usage during a previous conlract 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 submH 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 Ihe 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 onder of priority of the documents shall be as follows: -. Any agreement resulting from the award of this Bid (if applicable); then , ~ 'Addenda-released 'for"this Bid, \ ... !ifhthe-iatest".:t'1~ddenrlum-taking·precedence;·'then---' -----.--- • The Bid; then • Awardee's Bid. BID NO: 15.11112 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 requiMng 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 conlrBctor, 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 Fiorida Statues Section 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have implemented a drug free wo'rk 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 on a contract to provide any goods or services to a public entity, may not submita bid on a contract with a public enlity 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 wHha 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 musLbe 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 -, .. -.-.. -.. ----,~--.-.---.--ther-eblaaR-··l:Jave-tl:Je-r~9ht-tQ-termir.ate . ..tP.e·-ser:vlaes-'"t!:te::l,-remaiAir::G--tG-be-f}er-fGr.med-bv---.-.-------.------.----.. , giving 'written notice to the successful bidder of such termination which shall becom~ effective upon receipt by the successful bidder of the written termination notice, BID NO: 16·11/12 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 Ctty 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 Ctty from the successful bidderis determined. 1.57 TERMINATION FOR CONVENIENCE OF CITY: The City may, for its convenience, lerminatethe 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 seelion, 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 Ctty 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 s.hall be tha 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, appliimces and property of every description, used in connection with this particular project. He shall specifically and distinctly assume, and ·does so assume, aU risks of damage ()r 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 Bny action or operation under the contract or in connection wtth the work. It is understood Bnd 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 connectioQ with this project shall meet the following requirements: Maintain Automobile Liabiltty Insurance including Property Damage covering all owned, non-owned or hired automobiles and equipment used in connection wnh the work. No change or cancellation in insurance shall be ·made wtthout thirty (30) days written notice to the Ctty 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:r: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 -,----------" .... -----------.--. -Mar.Jsger:-befQr.e-\.ft/Qrk-!s-star.ted .... -T-he-cer.ti.ficate-r:P.wst-state··EUd·..Number-ap,d.-Tit!&-wpQP.-.-.,_'-___ . __ , _____ ~_. 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: 15-11/12 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 adequat .. 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 hanmless agreement: "Th .. 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 OCCUIT .. nc .. and for all damages to the properly of others in and up to the amount of $1 ,tIOO,ODO.OO for each occurrence per the insurance requirement under the specifications including costs ·of investigation, all expenses of litigation, ihcluding reasonable attorney fees and the cost of appeals ariSing out of any such claims or suits because of any and all acts of omission of.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 compatent 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 requiremants 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 subcontraclQr and of persons employed by them as he is for acts and omissions of persons direlltly employed by him. ' Insurance coverage required in these specifications shall be In forca throughout the contract term. Should any awardee fail to provide acceptable evidence of current ---.-.. _ .. _______ . __ ._ ... _. __ ._ .. i!lsur:allce._wjthin..sev.ep.~day.s-Of...r.eceipt-.of...\IIJJ:ittef-t ,notice· at -any-time,-dt!r.ir-1g,-1be-cop.tr.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 G, 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 Liabirrty clause shall' apply only wHh respect to liability ariSing out 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 MODIFICATIONIWITHDRAWALS OF BIDS: A Bidder may submit a modified bid to repiace 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 data 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 quaUficafion 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 10 satisfy· the requirements set forth, may be deemed non-responsive and receive no further consideration. Should your proposed bid not be able to meel one (1) or more of the requirements set forth in this ITB and you 'are proposing attematlves 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 16 ~ . INVITATION TO BID (ITB) No. 15·11/12 FOR CONCRETE CURBING/SIDEWAl.K 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-te-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 Baach. 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 (2l 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 (ali urban areas) computed 60 days prior to the anniwrsary 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 ---.------.. ---pMar-·te-63tF!!fEti0Fl-af-the-t196A-6!:!FfsRt-aeRb-"Es-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 SID NO: 16.11/12 DATE: February 6, 2D12 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 ~ems 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 atlached 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 quoteq Is for add~ional 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 wonk, to the biddeL 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.rn. Monday· Fridey (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 wonk orders w~hin 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.S 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 '$1 00,000 or higher each. Reference shall include the nama of the company, a contact person and Ine telephone number. Should bidder fall 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 orderfor.bids 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 lype 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 peneling against him or his work; ... __ ._. ____ .. ____ .'aod. .. ha~'_ .. ,PJPvlded. Jhe. \IlLQ'k._roateti.'!.~od .. ,.~es, .. a.s._ df;lSJ;ri.l:!.etLJll.ib.es.e_.b.i!L. ___ . _____ . specifications. The evidence will consist of listing of work that has been provided to public '!nd private sector clients, i.e. nature of WORK w~hin at a minimum. the last three (3) years. BID NO: 15-11/12 ,DATE: February 6, 2012 CITYOr MIAMIBEACH 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 bidfproposal before the stated time and date is solely and strictly the responsibility of the bidderfproposer. The City is not responsible for delays caused by mail, courier service, Including U.S. Mall, or any other occurrence. 2.12 EXCEPTIONS TO SPECIRCATIONS: 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. 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 aD 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 wllh 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 Leller 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 undenstand that we Will .' not acceD!: Client Surveys being sent to our office from the office of the proposer. Surveys must be sent to Procurement from your client's officers). Consultants are resp(lnsible 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 -----.-----.. ----·-----·,··..factory··iofQr-mat~Qn··$h~e:ts_{s~ecffi~atiQn$Y"br_Qt;hyr~re~F)_-aRd-test--resul.Q'-"Rit--,-·----·-··---·-· bid as equal. BID 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 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 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. 3.1~2. Concrete Sidewalk (4" thick). 3.1.3. Concrete Sidewalk or Driveway (6" thick): with WWF 6" x6" x 10 10G. 3.U. Construction of pedestrian ramps shall be In accordance with the City of Miami Beach Detail, Pedestrian Ramps in Public Right-of-Way, 11 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 speclfied in Work Order. This item has been established to compensate the Contractor for the difference in cost of utilizing this higher strength cOhcrete. _ 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'6, 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 Ihree 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 Coior 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-BOO-9900. '3.1.7. Restoralion and dressing Of all replaced surface shall be accomplished by removal of all forms of broken concrete, rock and other debris and 'backfiHing all abutting areas to the new concrete with proper soil and sad. '3.1.B. 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, elc. 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 resporisible 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 saUd 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 shell be properly barricaded by the Contractor in the interim lime. 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 limerock 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 wiU 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 - waler or create a tripping hazard. All work is to be inspected and accepted by ,- the Street Superintendent or his represenlativepriorto payment. Upon receipt of a Work Order, the Contractor shall commence work upon the _.'_. __ . __ . ______ .. __ '~ __ s,ite.(s)-')dtb.iQ, .. se)l.ElQ(1)-,caleO.dacd."l'll., .. e.od_colJ!ilJuEls,u;:O_W_Q(k,.io,.an_lIxp.aditio.u8 _______ _ 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 untll 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 the Work by the latter_ Any advice which the Inspector may give ·the Contractor shall in no way be construed as binding 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 Clty 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 wtth 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:emOV'!lJgr-._and_the_-!:Bplacip..fl_-DLibe __ co¥9.r~.ng .. -or-_makj!'lg_._good_-.of-.. _the_pa!'!s--_-_._'-_. removed, shall be paid for as "Extra Work," but should the 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: 15-11/12 DATI:: February 6, 2012 CITYOF MIAMI BEACH 21 , , I ' , expense. No work shall be done nor materials used without suiteble 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 acceptence. 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 unaccepteble or defective materials or work 10 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 accepteble 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 defeulting Gontractor 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 no! relieve the Contractor in any way from his responsibility for the woI1c: 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. Representetive preliminary samples of the character and quality described shall be submitted by the Contractor or producer fur 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 th.atsources 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. _____ ~. ____ .... _. ______ • __ •••••• _______ • __ • ____ ._. __ ... ________ ' __ ' __ .' •• '-__ 00-___ ._ •• ___ ._. __________ ._ • __ ~ __ 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: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 22 Engineer may require for collecting and forwarding samples and shall hot 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 wtth 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 incorporatioli 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 Standerds, 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 imprope~y stored may be rejected without testing. . . 3.3.4. DEFECTIVE MATERIALS: All materials not conforming to thei raquirements of these Specifications shall be considered as defective and all such materials, whE;lther 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 untn 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 matena! 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 an 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 rlgbt-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 _____ . COflt~!:!.~fi mayJ,p.~d.e!f'J:ml!lf'-(tb\'-lbE'~Gi!y lo...b.e-reE'$onab!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)Jent for such BIO NO: 15·11112 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, !lnm, 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 penson or persons to make an opening unless a duly authorized pennit 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 "Extre 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 Heailh .. 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. SuHable barricades, danger warnings, detour signs, etc., as hereinafter provided, shall be maintained by the Contrector in all cases and the Engineers office and the Fire Department shall immedii;ltelybe notified by telephone or otherwise upon . __ !i!~910sir:!g_.E,lndI9!.p'p"ening_~teach. stre~.QL section theL~oL .. __ ........ _. ___ ._. __ _ 3.4.7. BARRICADES, WARNINGS, AND DETOUR SIGNS: The Contractor shall provide, erect, and maintain, at his own expense, barricades, danger wamings, BID NO: 15·11112 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, suppli<;ls, 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 o(any such hydrant. Adjacent premises must be given access as far as practicable. and obstruction of sewer inlets, gutters, and dHches will not be permitted. 3.4.9. USE OF EXPLOSIVES: Unless otherwise expressly stipulated herein, the use of exploslves'ls not contemplated in the prosecution ofthis Contract, and in no case will their use be permitted without the written pemnission of the City Engineer and a permit issued by the Chief of the Fire Department. Where such pemnission 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 eare 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 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 . . _____ ",]Il,§uch.cas.!LQ[,@l!Y.!J!!..QnJtte_Il ... !Lai.tb~LCQntram.n.rjJu",qlnm,.R.IJl(.$w:-.b . .propedy" ___ ~_, __ ~ 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: 16-11/12 DATE: Febniary 6, 2012 CITYOF MIAMI BEACH 26 , monies due or which may become due the Contractor under this Contract. Nothing in this clause shall prevenl the Contractor from . receiving proper compensation for Ihe 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. 3A.11.RESPONSIBILITY FOR DAMAGE, ETC.: The Contractor shall indemnity 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 conslruc~on of tha improvement, or by, or on eccount of any act of omission, neglect, Or misconduct of Ihe said Contractor, or by, or on account of, any claims or amounts recovered for any infringement of patent, trademark, or cClPyright, 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 Conlractorguamntees the payment of all just claims for materials,supplies, tools, labor, and olher just claims against him or any subcontraclor in connection wilhthis 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 execulion or from Ihe 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 openad for service as may be directed and such opening shall no! be held to be in any way an acceptance of the work or any part CJf it qr as a waiver of any provisions of these SpeCifications and Contract. Necessary repairs or renewals made on any section of the Work due to lis being opened for use under instructions from the Engineer, to defective mateHals or work, or to . nalural causes other than ordinary wear and tear, pending completion and acceptance of ~ _____ . ________ ...the .. Wo!t...,_shatLhe_perlo~o:ned.,at_t.t:le..e~p€::ls€-Of-t~€-GQr.:traGtGr-.---"'--·~----· - 3.4.14. NO WAIVER OF LEGAL RIGHTS: The City reserves the righI, should an error be discovered in Ihe partial or final estimates, or should conclusive proofs of BIO 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 waivar 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 lafer 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' asset 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 wUI 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 stnuctures do not interfere with the reasonable use of the streets or sidewalks. The size, localion,..and construction of these must be subject 10 the apprdVal of the Engineer. ' The Contractor hereby agrees 10 arrange his work and dispose his materials so . as not to interfere with the operations of other contractors engaged upon _~!!'9.~IJLworls. and jILjoio. .. m_.WllI1\.JsUb.aLgLQlbft.ffi...ID..-a-rroPtlf-lJ.Iamllil(.jQI-----·-·--i accordance with the spirit of the Plans and Specifications, and to perform his 1 work in the pnoper sequence in relation to that of other Contractors, all as may be directed by the Engineer. BID NO: 15·11/12 DATE: Februa'Y 6, 2012 CITYOF MIAMI BEACH 27 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 penson 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 tt except With written consent of the Engineer. 3.5.5. -, All workmen must have sufficient skill and experience to properly perfomn 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 fall to remove such person or pensons, or fall 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 Worik 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. . 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 BS may be deemEid 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 .cany 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 E~gineer. 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.c!!,6._COMPI.!I~.IIOfi..9.f..kONTMCJ. IIM.E . .EPR_C.QM~LfIJAt!LOF.THE.Vl!.O.RK; 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 contrC\ct time for the completion of the Work, the length BID NO: 15·11112 OATE: February 6, 2012 CITYOF MIAMI BEACH 28 k----··-------------- of lime 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 nat by any fauft olthe 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 greeter 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 10 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 ·Iel or executed before the execution of the Contract, or on account of the streets or structures adjacent to the Work not being in !he 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 !he streets or structures adjacent to !he Work not being in condition contemplated, or on account of delay in the removal of obstructions, or bY reason of the Work.orany part thereof being su.spended 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 !he attached Proposal, and shall be prosecuted with proper dispatch towards completion to the satisfaction of the Engineer, and is to be fully completed within !he time limit set forth hi the attached Proposal, and it is understood and agreed that !he time limit for the completion of said Work is of the assence of the Conlract, and shOUld the Contractor fail to complete the Work on or before the date specified it is agreed !hat for each calendar day that any work shall remein uncompleted, after the time speCified in the attached Proposal, with any extension of time which may be allowed by thE! Engineer for !he comp/elioriof the Work provided for in these Plans, Specifications, Special Provisions, and Contract, !he 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-fortl:l,-.ar.ld .. -prov!ded,-for.·-!n-.t'1e..-Ger.ler.aJ--P-rov~$ions,. ··Specia!~r.ov~sionsr-and-.-. ------ Specifications herein contained. 3,5;8, ANNULMENT OF CONTRACT: If the Contractor falls to begin the Work under .!lID NO; 16·11112 DATE; February 6, .2D12 CITYOF MIAMI !lEACH 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 benefil 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 Comractor 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 lheEnglneer 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 811 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 previsions 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 expanse 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: Wheneverthe 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 Comract, and all trash, debris, equipment, and other things used in the construction removed frem 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 Wllrk. 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: 15·11112 DATE: February 6, 2012 crrvOF MIAMI BEACH 30 Contractor has furnished 10 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. 3.1 SPECIAL PROVISIONS 3.1.1. 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 lake 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 • . 3.1.2. 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. 3.1.3. CONFLICT BETWEEN SPECIAL PROVISIONS AND GENERAL PROVISIONS: In case of conflict between the requirements of Special Provisions and General Provls'lons, the requirements of the Special Provisions will prevail. 3.1.4. LIMITATIONS OF OPERATIONS: No work shall be accomplished on Salurdays and Sundays. No work shall lake place between Ihe hours of 6:00 p.m. and 7:00 a.m.; however, Ihe contractor may lake necessary precaulions to protect work. alreadyaccompUshed. For 'any work Ihat the conlractor finds necessary to provide during the above days and limes, the contractor must oblain written authorization from the Public Works or Parking Dept. Director, or designated Representative. BID N.D: 15·11112 'OATE: February 6, 2012 CITYOF MIAMI BEACH 31 , INVITATION TO BID (ITB) No. 15-11/12 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETEIRELA 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. Thermoplastic, 4" Solid Yellow /While 6.1.1.2. Thermoplastic, 4" Skip Yellow /White 6.1.1.3~ Thermoplastic, 6" Solid Yellow /Whfte 6.1.1.4. Thermoplastic, 6" Skip Yellow /Whfte 6.1.1.5. Thermoplastic, 8" Solid Yallow !White 6.1.1;6. Thermoplastic, 12" Solid Yellow /Whfte 6.1.1.7. Thermoplastic, 18' Solid Yellow /White 6.1.1.8. Thermoplastic, 24" Solid White 6.1.1.9. RPM's 6.1.1.1 D. 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: Tolal Lots: 50 each. Average Lot Size: 1,425 LF Colors: Yellow!While 6.1.2.1. 6.1.2.2. 6.1.2.3. 6.1.2.4. 6.1.2.5. 6.1.2.6. 6.1.2.7. 6.1.2.8. 6.1.2.9. The City will provide a Slirvey and Lay-out for·each Lot. Stop Bars BID NO: 16.11/12 DATE: February S, .2012 Arrows Cross Hatching Disable Logo Re-install Existing Concrete Car Stops Disable Cross Hatching CITYOF MIAMI BEACH 39 - w __ • $4'646,8IIZJIO -I'our million .ix hund ..... forty six thousand eight hund ..... ninety two dollars and zero cents. _..... H·. R _ng, Inc. ........ 1.955 NW l10th Ave. Miami, FL 3317Z T_ 3OS-ZS1-3005 ..:~ _ .... -Raul GolWllez PresIdent i I : ~ I • , I .. .' .. ; ..... ContnN:a:!r~ IXtfumb;b alllilbor" matlrfal, equrpm~ accan:ilntl!! witt! 'lhe.1Iid (onC!elBlnplat'l!,c:anl'onnInIWith1tlerequiremRIttGfarTypeS1Asphaltlc:~sumcelbtrrRas~lnthe as ne=d,. tuQ ... wtIIt"'hl:!c ~It,.and Ilroperiy.--:ut iIt.tht: CrIntnIctDr~lpnMde'f'tpcS1. Type~end~S3 11111 labor; matmtal, ~ipnlent..lUp!lrtllr:Inn lind tr.lll$purtatfan ne<aArYtD delivar City I1f Mfami Beath In attOtdllYJDI! with tile IItdSpecificatians. em, ... ,,,,,.,11 · .: - MIAMI H~~~.~p."LMiamiH~~..I,~,?.~ __ • MIAMI-DADE COUNTY BACK .. TO"SCHOOL 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 tbrough 18 years old. Children can be vaccinated at anyone of four diffetent centers: the West Perrine Health Center; Little Haiti Health CenteIj North Miami clinic or Downtown Clinic. For information on their locations and times of oper· ation,.cal! the Florida Depart- ment of' Health in Miami- Dade Countys Immuniza- tion Program at 786-845-0550. • MIAMI .. DADE LOVE THE GLADES SUMMER SYMPOSIUM 500 SW 177th Ave .. Miami. For more information,. visit lovetheevexgiades.org.. • COCONUT GROVE YOGA SCHOOL OFFERS t::REETHERAPV SESSIONS FOR THOSE WITH PARKINSON'S DISEASe AUM 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 Florida Ave. inMiami. The series is being funded by the National Parkinson Foundation in hopes of pro- viding education for yoga therapists, while empower- ingandimproving the quality of life for those with Parkin- _ _____ ... __ ~ .. __ . __ lU~AY, AUGUST 9, 1015J.~~.~ 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 lust fire station. then travel to station 1 on sal- zed<> 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 $5 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 Boundaries Sports, 220 .Aragon Ave. Rentals must be arranged in advance of the tow: To RSVP, call 305-603- 8067. For more information, visit cwalgablesmuseum.org. • CUTLER. BAY CUTLER BAY OPEN .GOLF TOURNAMENT SET FOR AUG. 29 The seventh annual Cutler Bay Open Golf Tournament is teed up for Saturday, Aug. 29, at Palmetto Golf COUl"Se. The event at 9300 SW 152nd St. has an 8 am. check- in, a 9 am. shotgun start and a I p.m. ltmcheon with awards. A $65-pel"-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- clude a $5 discount per play- er. Make checks payable to the town of Cutler Bay and ,~',==,.,=,~','=====,=="'. return to the Parks and Rec- reation department at 10100 SW 200th St, Cutler Bay, FL, ml'. For more information, contact the department at 305-238-4166 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- partmentwill hostthe coun- ty's third annual "Women's Equality Day" at The wo~ en's Par.k on West Flagler Street and lOZnd 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 js 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 ]fr30 a.In. to ]2:30 p.m. at W251 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- tiona] holidays. Refreshments will be served. For more infonna- tion and to RSVP, contact Laura Morilla at 305-375-4967 or at CFW@miamidade.gov. For directions, call Anne McCudden at 305-480-)7]7. The Love the Everglades Movement will have its sec- ond annual swnmer sympo- siwn Aug.22 andAug. 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 SOil'S disease. The program 'riiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii The free event will take place at the Miccosukee Re- sort & Convention Center, also aims to support care~ givers, engage the cammuni- ty and raise awareness of the efficacy of yoga therapy, ac- cording to the school's Curri- cul.um Director Melinda Atkins. For more information about the training and the free yoga therapy sessions. -visit aumhomeshala.org. .~ W~~ CITY OF SOUTH MIAMI COURTES)· NOTICE NOTICE IS ImREBY given 11m, lIE Cilr t:ollllCiWn afllm Gil' IIf So,,'h Mi" .. i. ~"""d" n~!..j~.:dbl;L ~:;;"Y:'~lni: N"~~ ~~:z ~O~;Ci~" (=if,j::,~~ 61)1l SO""" VIi ••• tnOUllSil"Tllto (on"";"lIil"",<-1; I J\. RostIILOi<>n n"lh6rid.~ ,Iro City M",,'I:'" 10 '"u..-ml~ n rl!ll1'},hock ApooltIl"U oI .. ""ph tk City ofMlolIIi Bwolt wllh H '" R E"-Vi"" ml!. ~ .. Ih!' f'\:I'OIl",O or Aspflllilio C_'" Rel_ "' ...... 01' ., II< Piok«J.Up or DoH.-.m:I 'olb. Cdy :mJ lb. S'rip"!' of City "'""'" ii on~""rIDng(..of .. II R"","""." ~Olbori>:i .... fu,:C~ ~f"""l/Ol" '" "",end '''''''8", ... 0lIl -id! GnIrri""" Odolitq; liro G"",i<1d i\nalog S<r,..-,o c .. blo G""!lk ("I""", ... "b \<0",.". """" '" ,-j ... Ci[y m:c!in~ on lite l11y~ """III1riIIg media mhi ... ,cnic:o . .fin Ofdin .. .,., ..... on6i"" C1t'JIl'" ISB <>/"11,. ("~y <>I"Sc>u\l, M .. ...,i Code ~rOrdin"""o> In llIldSttti<m UB-7 tmdprmidc IOrtl",,",,,,liDnatJllapcc!j,,,,,,r.P'ltrkoTttl".Fund. ALL in'~od polJI,te Il1\O ... ~"" ,1> nUl:11II WIll .... 11 bchr.afll, f<>r funh",inl'oltmotioll. ploot.c """",c"b. ~ Cbtrk', om ... " )OI..(,(il...[,~<IO. Mori, M .. ~',""",<Ie",. CM" CilyOul< PIIJ'$U>I~ '" florid> 5"""",. ZS6.o1~.!II' ("lIy II<~ ",,>1 .... !II< 1"'~li" I~I~ Jr., rmK>t1 ~ .. 'U .. I • .",...,.~ dod",,,,, tit"", tcvw. IIoar<1, AJ:<ncy""COIIInri";on "';I~ =!"",'Io o"Ymotlol".,...,idot<a II ~, """'Iinl""'''rifle, "" or ,,.. "ill """"-. = .... <lfllro pnICfOdingo ....... !Im ~ ",oil I""P""', ·ffi.'<""'P""""lIIIIY""""'u....,.""h:rt.~""onI~r .... p<t><..ro;"!;!I.DtOd ... hi,1.""'<>nl ",.1,., .. ,,,. ,00000tnllJ' and ",11\<"" "l"'I''''hich "'. '!'P".lls., be_. WHAT EDUCATION SHOULD BE! RIVCERA DAY SCHOOL 6800 Nervia Street, Coral Gables, FL 33146 I Tel,305.666.1856 RlVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue, Mi<lnri, FL 33176 I Tel.7a6.300.0300 www.-rivieraschools.comJAccreditedbyAISF.SACS.MSIl.Ai. NCPSA, NIPSA ~---------------~~---.---.----- INVITATION FOR BIDS FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION1 PURCHAS~ 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. Thea Corrct~eo, Ph.D., CPPO, CPPB, Procurement Coordinator PROCUREMENT DIVISION 1700 Convention C~nter Driv~, Miami Beach! Fl33139 . www.miomibeachfLgov -... ------------.----(£t-;M.tA.MLB-EAC~--- , .-._ .. , .. ,.,. -----.. ---------."-----,-- <e MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibaochfl.gov PROCUREMENT DIVISION PUBLIC NOTICE Tel: 305-673·7000 ext. 6230, Fax: 786-394-4624 INVITATION TO BID NO. 15·11112 FOR CONCRETE CURBINGfSIDEWALK CONSTRUCTION, PURCHASE OF ASPH,6.LTIC 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 'Iots, 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 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. Minimum Requlremenf:$: 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 onB-'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 strtctly the responsibility of the bidder. The City is not responsible for delays caused ,by mail, courter service, including U.S. Mail, many 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@miamibeachfJ.gov expressing your intent to participate via telephone. Any questions or cialifications concerning this Invitation to Bid shall be submitted in writing by e-mail totheocarrasco@mlamibeachfl.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 accessibleibrmat, 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. TrY users may also call 711 (Florida Relay·Service). YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CItY OF MIAMI BEACH WEBSITE: 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. 2000-3234 • Protest Procedures -Ordinance No. 2002-3344 • Lobbyist Registration & Disclosure of Fees -Ordinance No. 2002-3363 • 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 S'mall Businesses Owned and Controlled by Veterans arid to State Certified Service-Disabled Veteran Business Enterprises -Ordinance No. 2011-3748 Sincerely, --~-----(t.-, ........ . Gus Lopez, CPPO Procurement Director BID NO; 15·11112 DATE; February 6, 2012 CITYOF MIAMI BEACH 3 .... -. . ....... , .. _-'. -, -. '," .. -........ , ..... --_ ..... __ .• _----_ .• -. __ .. -- -------,-:------------------------------------ eg-MIAMlBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WWw.miamibeachfl.gov PROCUREMENT DIVISION Tet: 305--673-7000 ext 6230, Fax: 786.394.4624 INVITATION TO BID (1m) No. 15'11/12 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRET.E/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 dOGum_snts, 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 of-product/service. _ ___ 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. ---;f-'--OTHER. (Please specify) _________________ _ do not_wantto be retained on your ma;r ture bids for this type or product and/or Signature: Title: Company: , Note: Failureto respond, either by submitting a bid Ql: this completed form, may resutt in your company being removed from our vendors list. BID NO: 15-11/12 DATE: February 6, 2012 CITYDF MIAMI BEACH 4 · ........................ _ .. _ ........ --.... --- 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 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 cit an authorized representative in the space provided on the Bid Form. Failure to properly sign bid shall invalidate :;;ame and it shall NOT be considered for awa~d. 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 suppUer's name from 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 C-ity· of Miami Beach is .exempt 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 .. and.a!Unstru.ctions,oertaining .. lo .. supplles.and.seruices_ Eallurejo __ . __ . __ .... _ do so will be at the bidder's risk. BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 6 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 stlpu'lated In the bid, all.' manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by UL for the item(s) offered and furnished. 1.9 BIDDER'S CONDITIONS: The City Commission reserves the right to'waive irregularities or technicaitlies 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 quali!}l, 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 confomn with 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· datail(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 complianoe with the specifications 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 atyendor'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 .... . ... ...... _ .. __ ..... _ ... _____ ... Iap.~~d. with bid2Elt~1).a.m~: .. £.a.iiu.r.~ .. of..l!id.c!".~!Q_~~~Elr_cjElliy~fEl_q.ui~!!.!l§IJ)!!IEls..Qrl"__ __ . ___ .____ ... clearly Tdenlify samples may be reason for rejection at the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, Florida, 33139. BID NO: 15·11/12 DATE: February G, '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 delivery after receipt of purchase order, in space provided. Delivery time may beoome 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 ttieocarrasco@miamibeaohfLgov with a copy to guslopez@miamibeacfl.gov. 1.15 BID OPENING: Bids shall b.e 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 tolar 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 ttie materials Or services supplied to the City are found to be defective or not conform to specifications, Ihe City reserves Ihe right to cancel the order upon written notice to the seller and return product at bidde~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 ant 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 perlonmance 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~Lcon.for~r:n-jn..a!Lrespects._to .. _the_,stap.dar.ds_setlor.th-in-the-OccupationaLSafety __ 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 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, andlor 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 matenals 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 to·the City occasion'eO b:y 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 sureiy 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 fist. 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 len (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) dl;lYS prior written notice to the other party . ...•. _. _ .... __ " ._~1.,3{1 ..... J31L.lII\IGJN.STRUCnO.N.s:. JD\(oicj3s, _ulJle,ss, otherwise. indicated, _(l)ust.sho\!ll.putcbas~ .... _._ ...•..... ,. 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: 15-11/12 DAlE: February 6, 2012 CITYOF MIAMI BEACH 8 • __ • ____ • ____ • ~ •• __ , ______ ___i: . _ .•• _._ ~ ._. __ .. _._ • __ ._ •• _' •. ' .-_ ._ •.•• __ .•. 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 inspeel the bidder's facilities at any time with prior notice. 1.34 SID 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 seleeled may protest any recommendation for Contrael 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 BID SPECIFICATIONS: If any person contemplating submitting a Bid under this Soneltailon Is in doubt as to the true meaning of the specifications or otherBid documents or any part thereof, the Bidder must submit to the City of Miami Beach Procurement Direelor 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 1.36 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 ;Clty 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 confiielwith the original Contract Documents, Addendum shall govern all other Contract Documents to the extent specified. Subsequent addendum shall Qovem 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 ~s best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representaiive. DEMONSTRATION OF COMPETENCY: • Pre-award inspeelion of the Bidder's facility may be made prior to the award of .cQP,tr:aG!:.~-··!aids··will-Q~ly···!;le--cGnsideFeGl··fr-sm·-fir-ms-wh~0h-ar-e-feSH!aFly-en~aged·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: 15·11112 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 canstrued 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 regar~ling the financial, technical and ather qualificatians and abilities .of a' Bidder, including past perfarmance (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 conflicts between this material information provided by the source of supply and the information contained in the Bidder's Prapasal may render the Bid nan-respansive: • The City maY,during the period that the Contract between the City and the' successful Bidder is in farce, review the successful Bidder'S recard of performance ta insure that the Bidder is continuing ta provide sufficient financial support, equipment and arganizati.on as prescribed in this Salicitatlon. Irrespectiv.e .of the Bidder's performance' on c.ontracts awarded ta it by the City, the City may place said contracts on probationary status and implement terminatian procedures if the City determines that the successflJl Bidder no langer possesses the financial supp.ort, equipment and organizatian which would have been necessary during the Bid evaluatian period in .order to comply with this demonstration of campetency section. DETERMINATION OF AWARD: The City Cammission .shall award the contract to the lowest and best bidder. In determining the lowest and best bidder, in addition !o price, there shall be considered the following: • The ability, capacity and skill of the bidder to perfarm the Cantract. • Whether the bidder can perform the Contract within the time specified, without delay or interference. • The character, integrity, reputatian, 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 cantractor shall not assign, transfer, convey, subiet .or .othelWise dispose .of this contract; including any or all .of its right, tnle .or interest therein, or his or its pawer to execute such contract tei any person, company .or carporatian without priar -----.----.--.-. ----Writ!eTiconseiirof1fieCily riffVoiEiiTilBeach:-'-' ... -.--.----....... --'''-..... --------.--.. ---~---.. --. ---.-._. 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, :llrovided 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, 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 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 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 prllPllsal 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 ofthis Bid (if applicable); then , ~ Addenda-released 'for"this' Bid. with"the-latest-Addemdumiaking"precedence;-inen---'---------....: • The Bid; then • Awardee's Bid. BID NO:.1S-11/12 DATE: February e,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 287.087, regarding identical tie bids, preference will be given to vendors certifying that they have Implemented a drug free work place program. A certifi'cation form will be required at the time of Bid submission. 1.52 . PUBLIC ENTITY CRIMES (PEC): A person or affiliate whQ 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 e 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 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 e period of 36 months from the date of being placed on the convicted vendor !lsI. 1.53 DETERMINAnON 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 failta fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or stipulations material to the Agreement, the Cily shall -,-.-·----.. ·----·,----·.-tRer-el:J~aA-have-the-::i@'ht-tB~·ter;>:p.inate-tt-te-serviGes-tReR'-remaif-1~p.s-tG-9e--f>er:fGr:med-g~L-~--------------. 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 CITYOFMIAMIBEACH 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 sLJccessful 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 profrts that the successful bidderexpecled 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 tennination 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 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:t:V1 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-.-befQf.e-wQT:k-.is-started..--T-he-Ger-tlfiGate-must-state·-E3id-Nu.mber....af-ld. . .:r.:me ....... WpQp.-_.-· ___ .. ______ c •• 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 deductlbles 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 insurpnce 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 wilhin 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 diretltly 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 _.-._----.,---_. ___ . __________ . _." !nst!.-rar:l.ce._wjthin._sevep.~da~{$_.of_r.eceipLof.-'Nr.ittef.l -r.!otice·at.any .. -time-.dur:lp.g-t-he.cot:l-traGt...:----.. _-,---,----'. term, the City shall have the right to consider the contract breached and justifying the termination thereof. BID NO, 15·11112 DATE, February 6,2012 CITYOF MIAMI BEACH 14 i i -------------------------------------------- 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 pnovided by these policies for one insured hereunder with respect toa 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 olit 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 alter expiration of 120 calendar days from the opening of Bids without a contract awand, Letters of withdrawal received alter the bid due date and before said expiration date and letters of withdrawal received after contract awand 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 ... ·sha" ... and ''will'', Bidders who fail to satisijr the requirements set forth. may be deemednon-responsilie 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 notiijr the Procurement Office in wrlling 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: 16.11112 DATE: February S. 2012 CITYOF MIAMI BEACH 15 INVITATION TO BID (ITB) No. 15-11/12 FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHALTIC CONCRETEIRELA TED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING LOTS 2.0 SPECIAL CONDITIONS 2.1 2.2 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 ciiy streets and parking lots, as specified herein. 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 sale 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 1.36, whbse bid will be most advantageous to the City of Miami Beach. Should the primary vendor fail to comply with the Terms and CondHions 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 shail remain fixed and firm during the two (2). year term of this c;ontract; provided, however, tt18! 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 sale 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 an nillersary date of the contrac~ . . ' 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"i6F·-te-e*ptr-atk=m-af-~l:]e-tJ:Jel1-6ur:r6nt-GaFltr-aet-tem1;-.. --.-....... -... -..... -.------...... -. --."'---.. -------.-.--.. 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 I I I II II .. -......... ---.... --~-- the vendor has agreed that the optional term may be exercised without pricing adjustment.. Any adjustment ~quest 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 'c;lefining 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 quoteq 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 II .. Hourly rate for overtime, I.e. before 8 a.m .. or after 5 p.m., o(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 wHh 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,OOO or higher each. Reference shall include the name of the company, a contact person and Ire telephone number. Should bidder fail to provide this infonmalion 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; _ ....... _--_ ... _--ao..d .. _J)a]3~_.P19.\[id.ej:L..tb!l ... W.Qtk_lJ)qt!l[ia.ili_aJJlj ...... s .. e.ll!iJ<e.s ... as __ dl" .. s .. Grib~e~d_JD._Jb_e.s .. B_blcL _______ .. ~ 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: 15·11112 .DATE: February 6, 2012 CITYOF MIAMIBEACH 17 ___ • _____ ." ~ _____ ••• ____ ••••••• ___ ••. ____ • ____ •• __ '-______ •••••• "0 • _ ._." • 2.11 LATE BIPS: 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 ahy other occurrence. 2.12 EXCEPTIONS TO SPECIFICATIONS: Exceptions to the speCifications shall be listed on· the Bid Fonn 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 retumed 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 cOllduct 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 w~h 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 Perfonnance Evaluation Letter and SUl'Vey attached herein on pages 63 and 64, and request that your client submillhe completed survey to Theo Carrasco, Procurement Coordinator at (Fax) 786· 394-4624; or e-mail theocarrasco@miamibeachfl.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 returnlhe Performance Evaluation Surveys to the City. The City reserves the right to verlfy and confirm eny 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·visitalion, 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 desi9ll required and is in no wJ»j intended to 'prohibit the bidding of other manufactur~r's.Hems of equal material, unless otherwise indioated. 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~tQr_y .. if-1fQrm!i:tiGn,·$hee~-(.s~ecffic-atj~n$j-·~r.Qt;.hu;:e$r·e~ .. l·a;:ld·-tes~-reslJ!ts-.Gf~U3!t--,-·--·-·--:--,,--·: bid as equal. B.ID NO: 15·11/12 DATE; February 6,2012 C1TYOF 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, Edilionof 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 funning) and equipment required to complete tne 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. 3.1.4. 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 th.e 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 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 of all replaced surface shall be accomplished by removal of all forms of broken concrete, rock and other dl3bris and 'backfilling all abuliing areas to the new concrete with proper soil and sod. 3.1.8. All areas of removal are to be done in a careful mannl3r so as not to cause damage to abuliing concrete surface. Saw cUliing may be needed to prevent .additional ·damage. Contrector has to protect monuments, survey pipes metal castings, etc. encountered in the replacement or new work area, and shall make any necessary adjustments ofthese 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 abuliing 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 limerock will be filled with limerock and compacted to required density as directed by ihe 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 Dr create a tripping hazard. All work is to be inspl3c1ed and accepted by .' the Street Superintendent Dr his representative prior to payment. Upon receipt of a Work Order, the Contractor shall commence work upon the _. ____ ._ .. _._._ .. ___ . __ .. ____ .... s.ite.(.s)_wJibJo ... sav.e.o •. (7~-.c.al.e.odaLd-'lj(s?aJJd..J';Qnti.o.u.e ... s.ucb-wPXk.jo"an.el(p-editio_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: 1.5-11/12 DATE: February 6, 2012 CITYOF MIAMI BEACH 20 -------------------------------------------------------------------------~-,-,--- site(s) within seven (7) calendar days, and continue such wor!< in an expeditioUl; 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 perfonning 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 perfomnother duties for the Contractor, nor interfere with the management of -the Work by the latter. Any advice which the Inspector rilay give-the Contractor shall in no way be construed as binding 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 Cily 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 milterials used are in accordance with the requirements and intent of the Specifications and Contract. - If the engineer requests it, the Contractor shalla! any time before final acceptance of the Work remove or uncover such portions of the finished Work as may be directed. -After examinaiion the Contractor shall restore said portions of the Work to the standard required by the SpeCifications. Should .lhe Work thus exposed or examined prove acceptable, the uncovering or _-:_._r2mo:v.i,n.gl_._a!ld-tba-f.ep!acin.g __ .of--!he __ .cQ\~er.~!=1.g_ .. -Qr..--rr!skif-!g .. -good--.of ... -!he-P8d:.s1----- removed, shall be paid for as "Extra Work," but should the work so exposed or examined prove unacceptable,the uncovering or removing and the replacing of the covering or making good of the parts removed, shall be at the Contractor's BID NO: 15·11112 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 fot out of any monies due or which may become due the Contractor or may be charged against the "CDntract Bond" deposited; and continued failure or refusal on the part of the CDntractor lei 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 cDntract with any Dther individual, firm, or corporation tD 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 worik perfDrmed by him. 3;2.4. FINAL INSPECTION: Whenever the Work provided and contemplated by the . . Contractor shall have been satisfactDrily 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 examinatiDn 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 prDposed to be used may be inspected or tested at any time during their preparation and use. 3.3.2. If, after trial, it is found that sources of supply which have been approved dD 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. . 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 ContractDr 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 wHhout 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 malerials not confomning to the requirements of these Specifications shall be considered as defective and all such materials, whE:lther 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 madEiunder 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 rigt.lt-of-way is denied the City._ .~ ~ The Contractor shall have no claims for damage due to delay by the City in furnishing necessary right-ol-way, but should any such delay occur. the Contractor shall be entitled to such extension of time for the completion of his ____________ . CPllttq~ .. a$.may_bJ\Ld.f!!eI.QJ1!lert.b¥jh€LCj!y.J:o~be-!.ea,$.oJJabJ.~. ______ "_._. ____ .. _ .. ,, .. _ ... -________ . _____ _ 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 BID NO: 15-11112 DATE: February 61 2012 CITYOF MIAMI BEACH 23 ! i , ~---------------------------------------- repairs will be made as provided under "Extra Work." Should the Contractor refuse or neglect to make the~aid 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 responsibilily 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 wilh, the Engineer, in asuitable amount 10 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 pemnit 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 authorily to cause such repairs to be made, In which case the Contractor shall no! 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 Counly 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~.~~I,?slnRand/or:Qr!.e.!'!'l9.Qteacb_ stre_et or sec!l.9.!)_thel.~o_L ____________________________ -_________ , 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 andlor near the Work and keep them burning from twilight to sunrise; shall erect suitable barricades, railings, fences, andlor 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, suppli<;ls, and equipment, and take ali 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 shai[ 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. F[RE HYDRANTS, GUTTERS, ETC.: Fire hydrants on or adjacent to the Work' shall be kepi accessible to the fire apparatus at a[[ 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 EXPLOS[VES: Unless otherwise expressly stipulated herein, the. use of exp[osivesis not contemplated in the pnosecution 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 clear[y, "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 aD!' department or public service corporation controllmg 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 . . ___ ~ ._~_. !11.~m:h g§?~.p1.fail!l[e.s!UJlli,-p.pJ.LQUb.!LC_OJJI[a.rj.ru:jl>J!"sI."JJUl!1Y.s.u.ch..pr.:o.p.<,dy, __ ~~~ ____ · or make good any damage or injury thereto, the Engineer may, upon forty-eight hours' notice, proceed to repair, rebuild, Dr otherwise restore such property as may be deemed necessary and the cost thereof will be deducted irom 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 wort< 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.RESPONSISILITY FOR DAMAGE, ErC.: The Contractor shaR indemnify and save harmless the City, agents, and employees from all suits, actions, or claims of any character, name, and descrtption broughi for, or on account of, any injuries or damages received or susleined 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, Dr 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, shal! 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 Ci\y unless all su.ch 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 'leke 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 .Dr 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 portiDn 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 . _____ ..Jtbe,l~Qr:k,_sbaILbe-pertor.med-at-t!:le-exp~::lsg-Of-t!:1~-GGr.ttraGtGr-;-------·----.. ----------~ 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 Specificafions, 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 subseque·nt 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 Gontract or any portion thereof, or of his right, title, or inlerest 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-Corjtracts 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 fimit 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 sldawalks. The size, location,.and construction of these must be subject to the apprdltal 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 __ ~ _______ .. ~ac~n! woriL an2.J~joi.o....b.iLwQrk J',--ljJ!lLpLQthl>JJLllLa...,nI.o,oBLmann.eLin,-__ 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: 15·11/12 DATE: February B, 2012 CITYOF MIAMI BEACH 27 .--j I I I t 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, 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. 3.5.5. -> 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 lake action as above prescribed. Should the Contractor fail to remove such person or persons, or fail to furnish 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 cansent of the Engineer. . 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 lake 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 •.. Q.O!"!!!PUIAT!O"U~fCONL~1l,kT.IIMEJ:.QR_C_QM!"LFIJQllLOE ... THE..1!l!QR!<: BID NO: 15.11/12 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 DATE: February 6, 2012 ClrroF MIAMI BEACH 28 of time expressed in days, during which the prosecution of the Work has been delayed in consequence ofany 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 in the attached Proposal, and it is understood and agreed that the time lirnit for the cornpletion 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 oflime 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.tt.J-.a~d-._Pr.Q¥ided-for--in--the.--Ger.teral~ .. P-rQ.v.jsiQf:lSr··Specja!-!:?r.ov~SiO~$r-ap.d------ Specifications herein contained. 3.5.8. ANNULMENT OF CONTRACT: If the Contractor fails to begin the Work under .BID NO; 15-11/12 DATE: February 6,.2012 CITYOF MIAMI BEACH 29 Contract within the time specifieC\. 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 shaU pay to the City the amount of said excess. 3.5.9. TERMINATION.oF C.oNTRACTOR'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 shaU have been completely performed on the part of the Contractor, and all . parts of the Work have been approved qy 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 Ctly in writing, recommending the acceptance of the Work. Upon acceptance Of the Work by the Ctiy, a Final Estimate showing the value of the Work will be prepared by the engineer as soon as the necessa ry 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 SID NO: 15-11112 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 tihis 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: Tlie 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 aI/ 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 ofthe 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 'DATE: February 6, 2D12 CITYOF MIAMI BEACH 31 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 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 wnh 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 sweepihg if required. 4.1.2. TACK COAT: 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 S1 Asphaltic Concrete Surface Course as speCified in the· 1986 Florida Department ofTransportation 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. fal sandy accumUlations from the screed, and ali fat spots from any source, ........ ---.. ----··-shall-se-r-emevea-aad-r€f;llaeee-'.,NitA-sstisfaeter-y-·rr-;.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 ti.mes. 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 stlll 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 gnaater 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, following sequence with equipment as shown. ·4.1.5.2. Seal rolling, using tandem steel rollers weighing 5 to 12 tons, and following as close behind the spreader as is possible without pick-up, undue displacement or bli!?lering 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 wHh 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 andlor valve boxes by raising castings method. Final grade will be supplied by City surveyor. BID NO: 15·11112 DATE: Fe!1ruary 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 lowerlhe finished grade adjacent to existing curb prior to resurfacing, or to completely remove existing pavement 4.1.9.2. When milling to improve rideability, an average depth of cut will be specifie~ 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 niinimum cutting width shall be six feet. . 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""<"',1-!l...5......Ihe-.t:'!=lil!.iRg_rnaG!:t!r.le-s~al!-be_eGiy.lpp~d-\."-'·ith-meafl$-tQ-effel?tiv-e!y-Jimit-t.1:).ee--- amount of dust escaping the removal operation. 4.1.10.6. For complete pavement removal, the use of alternate removal and BID NO: 15.11/12 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 crosssiope 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 aross slope controls where the situation warnants such action. 4.1.11.3:The Contractor may elect to make multiple cuts to achieve the required pavement configuration or depth of cuI. 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 asphaHic 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. Pnor to opening an area which has bee.n 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 matenal 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 Contnactor shall use a street sweeper (using water) or other equipment capable of removing and tontr-olling 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 tlie greatest extent practicable, the infiltration of milled -----------~. ~materiaHntc-the--storm____se'iio~Jer-system-when-the-m,i!Hng-operation-is-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 op!'lrations 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 utiliz:ed 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. Mil_LED 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 detenmlned 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 sloall 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 alter 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 e, 2012 CITYOF MIAMI BEACH 36 4.1.15.3. It will be the responsibility of the contractor to provide all barricades, signs, and lighting in accordance with the above stated reguirements, The Contractor shall be responsible for' provi\ling an off-duty pollee 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 amouni of water used for irrigation and any damage or costs that result from over-watering or insufficient watering shall be the responsibility olthe 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 CONCRETE!RELATED MATERIAL TO BE PICKED-UP OR DELIVERED TO THE CITY 5.1 SCOPE OF WORK 5.1..1·. ASPHALTIC CONCRETE! RELATED MATERIAL: Contractor will provide Asphaltic Concrelein place, conforming with the requirements for Type S1 Asphaltic Concrete Surface Course as specified in the 1986 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 fll) . 5.1.2. ASPHALTIC CONCRETE/RELATED MATERIAL TO BE PICKED-UP OR DELIVERED TO THE CITY: Contractor will provide Type S1, Type 52 and Type S3 Asphaltic concrete. Hot mix to be picked-up by CHy and Cold mix to be delivered, at the following unit prices in accordance wHh the bid ·specifications. > , BID NO: 15-11112 . DATE: February 6, 2012 CITYOF MIAMI BEACH 38 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 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 !Whtte 6.1.1.2. Thermoplastic,4" Skip Yellow !White 6.1.1.3, Thermoplastic, 6" Solid Yellow /White 6.1,1.4, Thermoplastic, 6" Skip Yellow !White 6.1.1.5, Thermoplastic, 8" Solid Yellow !White 6.1.1 ;6. Thermoplastic, 12" Solid Yellow !Whtte 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: 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 Lol. 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 CITYOF MIAMI BEACH DATE: February 6,2012 39 . "," twD dcdlJlllls IIIl tho unltprb. the OtywIU rwod Ihe numbermthe rteilterthundredlh. this l!i two derJrnal pJKes-1::D krbor, equipment. orlJ'dIadm'" tbl! .nd b;,wd on lundin, lIIIIU.bIity.1IIdders mtdtfuHy ~ 'JheQ)Sl of~nJImn(s) gfwodtnot~ Iq • Si*fflt:mnl:nl<t unlt prk:e shaD be blduded in the IXIfItritt unltprketowfllch the THEaIO DERAGR&S11IATl1lE5!; ERRORSARE lRRORS WilICH MAY BE CORRECfEO BY'lHEtm'. GAlE Barn UHIfPfltCE IN UNnSOFCUIANmY 5PUlFtED rNlHEBIDDINGSPEtffJCA11ONS. BlDD£RA6REE5TIfAT IW'( UNfT PRICE usno OftDERTO ARlUV£ATntETOTAl.. Jill CASE OF DI$I;R£PANCT IN OOMPUTlNG lHE AN • ," , ComJ8n': ____________ ~_'_'HC!"."_"R~P"a"'VI'_'"-"'n"g .. ,~In"c,,-'_ ____________ _ ~RE _____________ ~1~9~5=5fN~VV~1~1~O~Ih~"~~~y~e.'--------------__ __ Miami, FL 33172 T~~. __________________ ~3~O~S~-~26~1~3~O~O~5 1ltIe/Prfnted Nam!l Raul GDnzalez President , .: ... .,.,: material, equlpmf!nt. Bead"! in accordancewttb the Bld SUrface (DUI"!l1Il! Ilupecifil!din the .1" '.' Contr.ld:orwin meet ~de eountv and Florida DepartmentofTr.Jns:portatiDIl Spetfficationsiltthe folJowing materlilt eqtllpment,.mpervisfan andtml"lSportBdon ~ ttl dd"rrer amI. re~d mllterlalsforthe CIty of MliI/"I1i Bl!ilcb In ilttDroante With the SId Sp~dflcat1DIU. Cm"~"",· 0;,"1 7.0 -DOCUMENTS TO BE COMPLETED AND RETURNED WITH PROPOSAL SUBMISSION BID NO: 15·11/12 DATE: Fe\>,uary 6, 2012 [PAGE INTENTIONALLY LEFT BLANK] .' CITVOF 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 occurrenoe 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" ofspecifications). 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 _ Liquor Liability _ Fire'Legal Liability ._ Protection and Indemnity _ Professional liability . _ Employee Dishonesty Bond _ Theft Covering Money and/or Property Of others $, ___ .• 00 $ .00 $ .00 $ .00 $ .00 $,--,-__ , 00 $ ___ .00 Thirty {3~) days written cancellation notice required. Best's guide rating 8+: VI or better, latest edition, The certificate must state the RFQ number and title PROPOSER AND INSURANCE AGENT STATEMENT: We u.o.derstand the Insurance Requirements of these specifications and that evidence of this ._ insurarice 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 fhe proposed Agreement. BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 45 ~ H&RPAVI-O;:.:l,-_-"STW=I",G",G:;S ACORCY CERTifiCATE OF LIABILITY INSURANCE I DA7EIMMlDDI\'VY~ ~ 1[24[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 BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR AND THE CERTIFICATE HOL~ER. . ,,; """if""ihO : ho.~der Is~~,."uu, • the I I must be endorsed. If liS I : to th-; t~;~~ -;-Ii~U r'J,f ;~~'h3 POliCY, IOtrmun may require an A statement on.thls certlfioate does n.ot confor rights to the Alter, Fowler & French, LLC 1:~~!·';D1urtl... Square Blvd liIiIlamfLakes. FL 33016 ~~c===:~~ ~ 1 rill' Nn', (305) NAle, H &. R Paving Inc. 1955 NW110th Ave Miami. FL 33172 I .. ;."... ; . Co. of ;chaiier oak Fir. Ins Co . I .. , ...... . I .... " •••• , 125615 cov ~c.;~ RI I N~~ THIS IS TO ~IiE PODCIES OF , USTED BELOW HAVE BEEN ,"O"oU I U ~""": TH=E:'~=~U.:::~v.~:=: Isid' 30a.oO! 10,001 ~ i.ooo,OO[ J AUTOS -~W6guLt:O I $ ~ ~ NON·OWNED I .. ~ HIRED AUTOS ~ AUTOS I .. I--'UA' H 15-11112 CDnstruction,Purchase of CIty of Miami Seach 1700 Convention Center Dr. Attn: Theo Carra5t:o LMiami Beach FL 33139· I- , , j M~riatS St'rlpi~'g of City Streets and Parking Lots SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCI:LLED BEFOftE THE EXPIRATION DATE TH~REOF, NOnCE WILL BE DEL.IVERED IN ACCORDANCE WITH THI: POLlCY PROVISIONS. AU1HORlZ5P REPRESENTAllV.e. dltW ACORD 25 (2010/05) © 1988-201 0 ACORD CORPORATION. All nghts reserved, The ACORD name and logo are registered marks of ACORD A@® CERTIFICATE OF LIABILITY INSURANCE I ;;;4/2012 THIS CERTIFICATE ISTsSUEDAs A MAlTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, "XTEND OR ALTER THE COVERAGE AFFORDED I;!Y THE POLICIES BELOW, THIS C~:~:A,!~ ,~~~NSURANCE DOES NOT CONSTITUTE A CONTRACT BETWeEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE AND THE CERTIFICATE HOLDER. ' th'~ T: lfih8 ' holdeii. an , , 'he ) !,,~.t j,. -'f /lUN IS ,subject to ~ -;:~id::'l~'lieu ,;~··;iih~.P~li;;Y :~;rt~i~ p~i~~i~ ~ay require an on this certificate does not confer tights to the PRODUCER ~L;;pe;-Eastern Tnsurance Group, Inc. . ' 'w" (30S)' If~ 9570 SW 207 Avenue ,.net Suite 104 , N""' : Miami FL 33176 .. ';~'A.;o"4 ,1A '" " INSURED INSURERB, ll' & ~ Paving,. Inc. m'''B'B o· 1955 NW 110 4venue I,NSUR.R' , I '"BUB.R E ,. Miami ];'L 33172 I,.,,, •••• THISIS TO CERTIFY 'OF-i LlsTEb 8ELOWt~V!~EEN ISSUEDfu-THE~ THE POLlC~I;~~~,~ . I ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUME~~wrii ~~~~' ;~.I~~~~,~i-~~~~BE-'SSUED OR MAY PERTAIN'.;'7~~Ss~~~~E AFFORDED BY TH~,~~~CIES D~"cCt.'!\~~O HEREIN IS CI TERMS. p~~ i:~E OFSUCHPOUCIES. MAY HAVE ~y~ u.,r. , f---' ~ABIlIIY ~Is '. I, ~W~LAIMS-NADE -t:.lOCCUR MED EX? lAo .. 00" oom001 I, "NJURY I. f---' I. --::,,~ ;-::;: ~ I. l~ucYr 10:'1.'.9;: ~n,nc ~ I. f--' UASlLIlY I, - ~ ANY A.UTO ~ I' A!.LOWNED SCHEDUlED I. f-.--Atml. f-.--AUTOS ~ NON-OWNED I. I--HIRED AUTOS I--AUTOS • ~ R : , I I, In.n1 I. A iooliiTY . ill Ixl ~ I I°Jti I,;'; I INU I E.L EACH ACCIDE"" I. 1. 000.00' oNI -~--U ,,'"<"" 0, I •. L I 'LOvel I. o.non.no, .. I E.L DISEASE I. 1.000.0DG' . '*'iti,,; ~'D I is ruquired) o£ Asphaltio concrBte/ReJ.ated Materials and Striping of City Streets and -Parking Lots" :Bid. No.: ~S-J.J./12 -, CERTIFICATE HOLDER CANCELLATION I . ----I SHOUl.D ANY OF THE ABOVE. DESCRIBED POLICIES BE CANCELLED BEFORE! THE eXPIRATION DATE THEREOF, NOTICE WilL BE DELIVERED IN ei ty of Miami Beach ACCORDANCE WITH THE POlleY PROVISIONS. 1700 convention Center Drive Miami -Beach, FL 3313'9 AUTHORIZEIt REPRESENTATive David Lopez/AMANDA ! ~ ~ -© 1988·2010 ACORD CORPORATION. All rlghts reserved. ACORD 25 (2010/05) INS02Sml'lrtnl;1n, 7h", l!.r:nRt'l n."rn", "'nl"fI .... ,., ...... ~ ..... r ... nI ... t-.... r .. ,.fm .. rlt .. r.f Ll.r.ORn PROPOSER INFORMAilON Submitted by: -~""'''"'-7-7--=-,<-=-----,;r-..L.--'-'-'''----='--'---------- Proposer (Entity): -'---+-'--=---:~~75"'=--=-------------- Signature: -.!:.L;n,f.4'-,?",~~42:.;;~~------------_- Name (print"'d):' ~A-VlL Go Addr",ss: {q 5"f N vJ d{fJ it""£" . City/Stat",: __ I-A._t-OIf7vt __ 1 -L-_::p_L __ -='3'-'3"'----'{_7_2.._~ ___ _'_ Telephone: :3 oj--U { -:3&-8£ Fax: • '30{"' -.,-q?-.--~ Co-e 7 r E-mail: _a..~ . ...:.:::..b-=e.---.@.-=£>--.-.-h-.--lrff-Ci.=v-.--c .. ....:.....tp.<-<-:.... -,~o::::::.;.,:....,' CJ..' ____ _ It is und",rstood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on aI/ 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 int",rest or legal right of any kind shall be created at any' point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Printed Name) p fLe; ( '0 eJT BID NO: 15·11112 DATE: Fe~ruary 6, 2012 CITYOF MIAMI BEACH 46 fu/'~ /2£)(2- " (Oa!e) ~' INVITATION TO BID (ITB) No. 15-11112 FOR CONCRETE CURBINGISIDEWALK 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: ( fk { Addendum No.1, Dated § mJ z,r -L~ A 'Z-'. Addendum No.2, Dated _________ _ Addendum No. 3, Dated _________ _ Addendum No.4, Dated ____ -'-____ _ Addendum No.5, Dated _________ _ PaiHI: __ -,-No addendum was recejved in connection with this ITB .. Verified with Procurement staff ye.s .... .. . ~u/~N't.Akz-.. . Name of staff Proposer Name , . ~ BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 47 Date 'fu;f ~-0-1 '201/~ Date t I TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 DECLARATION Submitted this ~ -t: day of=t=E€I !2-1I~ ,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 appropliate 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 £. 2012 CITYOF MIAMI BEACH . 48 . ~~ ~AV L GON Ut1-G"'2-c PRINTED NAME ea..~ iOe7J1" 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 0.; [print name of publ1c entity] ftA1J L {leN zJj-L/:z-11 tL~ ; P~J By ______________ ~~~~~~----~~~---=--~~=---~--- I 1_ J r.1 [print individual's name and title] For _~tL_'___+:{:._l_"'---c-'A'-'-:4-'--V-I-· N---"-G~l'---...=;=r:=:.......o:-,...[-'-c...=__· ___ _ [print name of entity submitting sworn statement] Whose business ~ddre8s is ~ q.rr f\i VI! d -( 1) bE. gi?f1./l,{ i 'F'--33172- sq-f,qo1S'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 Statutes, 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" aT "conViction" as defined in Paragraph 287.133(1 )(b), Florida Statutes, means a finding of guilt or aconvietion of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indiclment or informatidn after July 1, 1989, as a result of a jury verdict, norijury 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 succ~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 -----------~'r""a'"""'a:n<l"'c,.,""'","',,;-, "'vf"f a,",ei-, .,.,Rafrilidte. Thtn:hv.Jerst1ip1:J-y-crrta tJC1 ::JoGI J of "trctrcs: I....bll.:.~ittrtlng~---- 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 agreernen~ 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 B1D NO: 15-11/12 DATE: February 6,2012 ClT'fOF MIAMrBEACH 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 selVices let by a public entity, or which otherwise transacts or a plies to transact bLisiness 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 relaf n to the entity submitting this sworn statement. [Indicate which statement applies.} _,--_Neither the entity submitting ,this .sworn 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. ---: __ T,he 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 pf 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. I ALSO UNDERSTAND. THAT I AM REQUIRED TO INFORM THE pLiBLlCENTITY 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. x / -6 't .-.'1- Sworn to and subscribed before me this _""f2""--__ day of T e;BR... () fir f2:--U' ~'Z-- PefSonally known -h I-\,e;'" , ------8GR-P-lvuuccd-;dcf1Hncatjonr.::·==~:::::=== -NO't3'r~rFtfb'Hr;--St::rte-c-f'--::::;::=+j;;:-=f=;.::=_=---- /tc) / '2 (. /Zc; ~;;-My commission expires r J (Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) BID NO: 15-11/12 DATE: February 6,2012 CITYDF MIAMI BEACH 50 ry Public State of Florida Jose Alb9rto Cha90yen~ Luoas My Cornmi51ion e5112930 i I I ..-L<lUJWil!.~Ll:::( Circle One) If a Corporation, answer this: When Incorporated: 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 Nrone: Vice-President's Name: Treasurer's Name: BID NO; 15-11/12 DATE; Februal)'€. 2012 QUESTIONNAIRE ItvE" . - - -- CITYOF MIAMI BEACH 51 IN L . G c/'ht .. a-'~"'2-Members of Board of Digors:. _ • J • If a Partnership: - Date of organization: General or Limited Partnershlp*: - Name and Address of Each Partner: ADDRESS * Designate general partners in a Limited Partnership 1. Number of years/of relevant. experience in operating same.,r similar business: ~ t;> y ~p S' , . '.' 2. Have any agreements held 9Y Proposer for a pmject ever been canceled? Yes ( ) No (0 . . 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 princiPa~ ever been declareq ~ruPI or reorgahizeci under G.oapier 'j 'lor put mio recelverSrlIp (fe'S \ ) l"U ~'} If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. BID NO: 15·11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 52 . 5. 6. Pe ,:,: or per~ons interested in this RFQ and Qualifjc~ti:,n Form have ( ) ~ave not (~~;n convIcted by a Federal, State, County. or MUnicIpal Court Df any VIOlation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any cDnvictions: Lawsuits (any) pending or completed involving the corporation, partnership Dr individuals with more than ten percent (10%) interest: ·A. List all pending lawsuits: B. List all judgments from lawsuits in the lastfive (5) years: . ,JoNf C. List any criminal violations andlor convictions of the Proposer andlor any oflts principals: ,JaN( 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.) . ,JotS( S.. 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 (jisclcisure regarding this contract, all Proposers are required to disclose all persons and entities who (!lay be iovolved with this Proposal. This list shall include public. relation firms, laWyers and lobbyists. The ProC"urement Division shall be notifjed.m writing if any person or entity is added to this list after receipt of Proposals. BID NO: 15·11112 DATE: February 6, 2012 d (ttl( 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 ITS # 15-11/12 CONTRACTOR '5/ BIDDER'S QUESTIONNAIRE . NOTE: Information supplied In response to this questionnaire is subject ta verification. Inaccurate or incomplete answers may be grounds jar disqualificationjrom award ojthis bid. ~~==~====~~~~~~~~~~~~~~c Principal Office: FL 331'12 How many years has your organization been in business under the current business name? ::3 '-~~ { Does your organization have CUyeJ;ccupational licenses entitling it to do the work/service contemplated in this Contract? .' please state license(s) type and number: .f?f? 4 f,O G 7477 -( I . ., '3C'Jq 330 -q Include copies C!f above licenses and certificates with bid. Have you ever had a contract terminated dueto failure to comply with contractual specifications? No- Ifso, where and why? __________________________ _ .- In what other lines of business are you financially interested or engaged? _________ _ -NotJ£--, Is the busines>e.lI,ty a ~mi-based Vendor7 Ves 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 aty 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 owne by a certified service-disabled veteran, and or a small business owned and controlled by veterans, defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 200 and cited in the Database of Veteran-owned Business? Ves ( ) No ( Vendor Campaign Contrlbution(s): a, Vou 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. -NlJrJ~- 'b, Individuals or en·4s (including our sub-consultants) with a controlling financial Interest: ___ have, y"\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, (SEAL) _____________________ (SEAL) ITBl5-l1!lZ -Addendum ~ 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 aGcieptanGe 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 "redit check. .' WITNESS: SigRature Print Name WITNESS: Signature .. Print Name Print Name (CORPORATE SEAL) BID NO: 15-11/12 DATE: February 6, 2012 PROPOSER IF 1I~D1VIDUAL: - Signature Print Name IF PARTN!;RSHIP: Print Name of Firm Address -By: ______ -,:-_--,-, __ Genl'ral Partner By: )z: , President ~L 6fJNz...,yL f:2.., f~(Dea.;T' CITYOF MIAMI BEACH 54 Print Name MIAMI BEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1. Vendor Information J. () "- Name of Company: ------lH=-4--"1f-Lrt.=---'ft'-~-_( rJ_6,,-C,_:;t;..,J-'--;--_c_" ___ --'--__ _ /lJ.l ,.-f.L.(J 0 fJ... (" G II f:?"Z.. NameofCompanyCon~dPeffion: _______ ~~~~~~ ______ ~~ __________________ ~------- PhonaNumberJO(U~ '319"f Fax Number ~oJJ'7f'2"071 E-mail. aJo e @..btp"V(1/2 " ~ Vendor Number (if known): --F.derallD or Social Security Number: 59 -/ L29 fC) IS~ Approximate Number of Employees in the U.S,: ~-:; (If 50 or less, sldp to Section 4, date and sign) Are any of your employees covered by Ei collective bargaini.ng agreement or union trust fund?_Yes ~ Union name(s): - Section "2. Compliance Questions Question 1. NondiscrImination .. Protected Classes A. Does your compa.ny agree to not discriminate agalnst your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories Jisted-bel~w? Please note: a "YESn answer means your company agrees It wm not discriminate; a "NO" answer means your company,refuses to agree that it will not qiscriminate. Please answer yes or no to each category. DRaca ~ Yes No o Sex o Color . {Yes No o Sexual Orientation D Creed {yes No o Gender Identity (Iransgender status) o Religion {Yes No o Domestic partner s~tus o National origin {yes No o Marital status o Ancestry {Yes No o Disability DAge " Yes No .0 AIDSIHIV s~tus D Heighl (Yes No o Weight - B. D08s your company agree to insert a similar nondiscrimination provIsion in any subcontract you enter Into for the performance of a substantial portion of the contract you have with the City? ~~~--~---------'PIGqS& nO~ii: yvu 111"'~'l LitMt. lin ... ,-\ue:.,t\;:m, oven if ibU COi'rotirrte1'iCfto St lrel L ttcrany"",,o",,;-b"'L"'Dmllrr~ s"'c'"isr; --~---- {yes No BID NO: 15-11112 DATE: Februai-y fi, 2012 CITYOF MIAMI BEACH 55 Question 2. Nondiscrimination -Equal Benerrts for Employees with Spouses and Employees with Domestic Partners Questions 2A and 28 should be answered YES eVel1 jf your employees must pay some or all of the cost of spousal or dom~stic partner benefits. A. '!til 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. VV'lII your company provide or offer access to any benefits to employees with (same or opposite sex) domestic pBrtners~ or to domestic partners of employees that may be aSSigned to work on the City of ~ami BeBch 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 registratio'n "that are more stringent than those required for domestIc partnership registration by the City of Miami Beach If you answered liND" to both Questions 2A and 28, 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 benefils that apply to your answers above and list in the 'bthe~ section any addttiDnal benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as -medical insurance. BENEFIT Yes for Yes for Employees NOt this Documentation of this EmPIOY:;?e with with Domestic Benefit Is Not Benefit is Submitted 500 S Partners Offer~ with this Form Hea~h fJ 0 0 Dental - 0 0 Vision 0 0 If. 0 Re~i~eme~~ )(PenSion, 0 0 rf 0 401 k), etc. . Bereavement 0 0 ttl 0 Famiiv Leave 0 0 tt' 0 Parental Leave 0 0 r/ 0 Employee Assistance Pro~ram 0 0 tV 0 Relocation & Travel , 0 0 " 0 Company Discount, 0 a q(/ 0 Facilities & Events Credit Union 0 0 0 Child Care D 0 0 ther ---'" 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 Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company ca~not be certified as complying. with the City.'s Equal Benefits Requirement fur 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 do!;:ument leave programs, submit a copy of your company's employee handbook. If documentation for a particular benf?fit does not exist, attach an explanation. Have you .submitted supporting documentation for each benefit offered? ·(yes No Section 4. Executing the Document I declare under .penalty of perjury under the laws ·of the.State of.florida that the foregoing Is true and correct,. and that J am authorized to bjnd this entity contractually • ..fl.. Executed this ,-day of FEt3 , in the year F-L ~ . t f}1JL 0tJtJz.4:4,z.- Name of Signatory Title BID NO: 15·11112 DATE: February 6, 2012 A. q 5'5" rJW<{ -10 Atlr7 . Mailing Address A j' • T:::L 3317Z, ('-"( (pf(v( (I r City, State, Zip Code CITYOF MIAMIBEACH 57 l G MIAMIBEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION' Declaration: Nondiscriminatiori 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 disc.rimination in benefits; B. Are unable to do so; and C. Intend to offer a cash equivalentto 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 benefrts providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacteci; 3, Copies of any wrttten response(s) you received from such benefits providers, and ifwrttten 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 benefrts, ' 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. ++t e /?4vitJG / .:c,vC . Name of Company (please print) ~~. ({ IkJ [Go I-J ?-.4-'L. l?"Z- Name of Signatory (please print) BID NO: 15·11/12 DATE: February 6, 2012 Mailing Address of Company K'frMi 'FL 33172 City, state, Zip Telephone Number +cB /~ -6/ '2£J,f''Z- Date :J J CITYOF MIAMI BEAC,H 58 Definition of Terms A. Reasonable Measures The City of Miami Beach will detennlne whether a City Contractor has taken all reasonable measures provided by the City Contractor that demonstrates that it is not posslbie 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 10 an employee with a Domestic Partner (or spouse, if appHcable) in lieu of providing Benefits to the employees' Domestic· partner (or spouse, if applicable). The Cash Equivalent is equai to the employer's direct expense of providing Benefits to an employee for his or her spouse. Cash EquivaleOt. The cash equivalent of the following benefrts apply: A. For bereavement leave, cash payment for the number of days Ihat would be allowed as paid· lime off for death of a spouse. Cash payment wouid 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 Conlractor of the Contractor's share of the single monlhly premiums Ihat are being paid for the domestic partner employee, to be paid on a regLiar basis while the domestic partner. employee maintains Ihe such insurance in force for himself or herself. C. For family medical leave, cash payments for Ihe number of days that would be allowed as time off for an employee to care for a spouse Ihat 'has a serious health condHlon. Cash payment would be in the form of wages of the domestic partner employee for the number of days allOWed. BID NO: 16·11112 DATE: F.bruary 6, 2012 CITYOF MIAMI BeACH 59 -.' February 6, 2012 Cristina Diaz Contracts Compliance Specialist aty of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 . Sent via electroniC transmission crlstinadiaz@miamibeachfl.qov 1955 NW 110 Avenue Miami, Fl33172 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-discrimination 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 -~cr A - FINANCIAL DESIGNS, INC. Insurance and investments for businesses and entrepf9neurs Amy Gonzalez H&RPaving 1955 NW 110 Ave Miami, FL 33172 Re: Domestic partnership fol' Group #8410510001 Dear City of Miami Beach: This letter is to confirm that Domestic Partnerships are oot aoceptable as dependents· for our current group health plan with Coventry Healthoare of Florida. Upon renewal, we will be happy to offer covel'age if we have enough employees covered to qualify. Please let me know if you have any other questions or concerns. Group Health Office Manager . i,'-' --: ::: -:: --'-.' . '_~-. -:.-;-.. : r.. _.,' ", ,', fteRi5Urt~ Rap'~B1Bl:iVt of and Set!lrili~ o/[ered I~rougbl 100 Finan~la! PIlJtn~[$, tne. ~ Memhfl n! SIPE A~aru:lal D~lJins, 11H:.ls not IIJubsldl!ryor 110n cQnlrolled by IliG Bnantlsl hrtnerl, In~. 8000 NW 7 ST, ~ 201. Miami, FL 33126. T 786.388.0030 F 786.388.0050 WWW.FINAN~IALDESIGnS.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 entitles seeking to contract with the City of Miami BeBch 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 !he 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 wi!h 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 nondiscnminatory benefll. will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: -. BID NO: 15-11112 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 lim!ied 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 benefits 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 onder 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 10 be reopened, or In any case no longer than three (3) months from the date the contract with the City 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 fO'I'90in9 is true and correct, and that I am authorized to bind this entity contractually. +f--~ &-PM f0b;, :t:.r0 c. -Nameaf Company (please print) - -1q,~.) I'lW"(4/9 Arc: Mailing Address of Company x~9" sr.m:? (lML GorJ2A'I--~'"Z... Name of Signatory (please print) Title BID NO: 15·11112 DATE: February 6, 2012 1'1 (4+1'" I :f2L '"33 ( '72- City, State, Zip Telephone Number fu/b -r:!:--/~{Z. Date I I CITYOF MIAMI BEACH 62 -, , SECTION VIII-PAST PERFORMANCE SURVEY (9 M.lAMIBEACH CIty of Migmi Beach r 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.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~ma~il:--~------------------- ( , 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 accordirigly. 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. >(~ Gus Lopez, CPPO Procurement Director BID NO: 15·11{12 DATE: February 6, 2012 CITYOF MIAMI BEACH 63 e MIAMI BEACH C'rty of Miami Beach, 1700 Convention Center Drive, Miami Beoch, Florldo 331 39, www.mio/Tlibeochfl.sov PROCUREMENT DIVISION Tel: 305-673-7000 "">. 6230, Fex: 786-3944624 PERFORMANCE EVALUATION SURVEY ITS 15-11112 Date: _______ _ Company Name: ___________________________ _ Point of Contact: __________________________ ~ Phone and Email: Please evaluate the performance ofthe company (1 -poor; 10 -excellent). NO CRITERIA UNIT SCORE 1 Abilijy to manage the project cost (minimize change olders) (1-10) 2 Ability to maintain project schedule (complete on-time or early) (1-10) 3 Qualily of workmanship (1-10) " 4 Professionalism and ability to manage (includes responses and prompt I navment to sunnllers and subcontractors) (1-10) 5 Close out prooess (no punch list upon lurnover, ~:ranties, as-buills, ooeratina manuals, tax clearance, etc. submitted oromotl (1-10) - 6 Communication, explanatiOli of risk, and documentation (1-10) 7 Ability to follow the users "(housekeeoina, safetY; etc .. ~)-rules, regulations, and reqUirements (1-10) 8 ?verall customer satisfaction and i~~ing "again based on performance comfort level in hilina contractor aaain (1-10) Overall Comments: Company proViding Referral: _______ ----:,:-________ ----:=-__ _ Contact Name: _____________ ~-L_ ________ ~'~" __ _ Contact Phone and Email: ______________________ _ Date of Services: ___ -.,-___________________ :=---,-_ 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: 15-11/12 DATE: February "6, 2012 CITYOF MIAMI BEACH 64 I I I I I I I ! i SECTION VIII -PAST PERFORMANCE SURVEY .fa MIAMIBEACH City o! MiamI 110m'" 1700 C ...... ntI •• Con"" D,w .. Miami hooch, FI.ddo 33139, www.mlomlb •• ,hfl,goy PROCUREMeNT DMSION T.I, 30$-673-7000 .>C!. 6230, F"", 78C>3944624 Dale: .1"'AtJ / '30 -tit. I"'U>.{ '2- To: X C-d~~(j f M~; UV\~ ~p ( " MS . .' (Client's Nalrlal Individual Providing the Survey Response: X go'S; of OJ H-e ( Y' g n&~ z Phone: X .305 205-,#:1}~ I?1(f 4-zzt . ~:;ail: 1 ~~;£2~jH r~~W\'1 ;t'ril'l$s,FL.c;.eV SUbJe~: Performance Evaluation of' H f R . fk-V I tv, J ..:r:.,..J Co • Number of pages inOluQing cover: 2 . To Whom It May Concern: The City of Miami Beach has Implemented a process that colleats past perfonnance information . on contractol'!; that ·have provIded concrete curbing/Sidewall< cDnslruc!lon and striping of city .. treets and parking jQt$. The infonnatlon w11l be used 'k> asslst.City of Miami Beach in the evaluation of a contractor for selVices perfonned for your agency of company. The Gornpany 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, 60th the company and city of Miami Beach would grwtly appreciate you taking iii feW minutes Dut of your busy day to ()(Implete the aocompanying quesllonnaire, Please. review all' items in the fallowing document and answer the queslions to the best Qf your knowledge. ShOUld you have difficulty underatanding the qUE!$Iion's meaning, please pl'01ride your best judgment as tu 115 undlilretending 'and score aQoorcllngly. PI ........ r!!l!!m toTbeo Carrasco by "sbrum: 6. 2012. via fax to 786,394.'1624 or e-mt\1I lbeocarrasoo@mlarojbeachft.gov. Thank YOU for Your time and effort:": (~ CiiiiSLoPez, CPPO ~--~~-Proc:;:rement-D:redcr---'--- BID NO: 15-11112 DATE: Febru(!J)l S, 2012 GUYOF MIAMI B.,AC:H 63 . ce MIAMIBEACH CIty of MlCIm; Baa,h. 1700 Conv..,fio. C •• ler DrIA>. Mlomi 8 .. ,1>. florid. 33139, www ... Ia ... b .. ohfl·9 .... PROCUREMENT. DIVISION . Tol, 305<173·7000 Olll. ~230. f.", 766-394-4624 PERFORMANCS EVALUATION SURVEY rre 1&.11/12 ~ate: '. :2.1 c.f I ?- Company Name; __ =tL--'--'---f ~i--::;1<.-,-,---..:,fJA-,-,;.j7'fI_'_i.J...;';"-..,<-·_;.J_· _-:_N_C _____ _ POint of.Comant: _..:/iB? ....... ---" ... __ ~ __ _"P:;,.;:€~/_'G''--(/-~.;..::z...,=----------- Phon", and Email: _......:;tA..;..:::.L,,'""e==-~~"""--'h:.:...:.r7fA:::-.IZ_I/-'-; /2_#1"--·_~ _____ -'--_ ~ ~ Please evaluate the performance of the company (1 -poor. 10 -excellenl). NO CRITERIA UNIT SCORE 1 Abmly to mansge the prajec\ (;Q!t (minimize chanse orders) (1·10) 10 2 Ability to maintain proJoo1 sched~le (complete CII·tlme otearly) (1·10) /0 3 Quarlty of.WOIkmanshlp (1.10) \D ;4 Professionslism andabllllY to manage (iI'Icludes rE!$ponses and prompt '·oavrnent.to stmDm out(! 'subcontractors) .. (1·10) lC 5 Close out process (no 'PlInch list upantun)over. warranties. as.buills. . ot/9ra!l~!lmanual!l iaK clearance etc. $ubnillted PlDmptll1 (1·10) /0 .6 Communication, explanation of risk, 'Inti document.atlcn (1-10) 10 7 Ability Ie follaw the users rules, regulations. and requi!e!11l!nts (1-10) 10 (houseklll!l>illU. ~. ute ... ) 8 O1Icmll QWl\tlfTler sllllsfaation end hiring again based on performane>e Jcomfort level in hiring col1ll>lclor il9<lin) . (1·10) /D OVerall Commllntll: Dude4 . Plea. retum this questionnaire -to Thea .carraSco by Fabl\ll\!Y 6, 2012, via fax to 7B6.3!t4.4624 or e-mail iheoCBrrasco@miamibeacbfl.gClli. BID NO: 15-11112 DATe; February 6, 2!t!2 CITYOF MrAMI·BI!ACtI 64 I I I I i I ! ! ·. '" SECTION VJII-PAST PERFORMANCE SURVEY ce MIAMI BEACH (Clien!'s Na!?) .. ~ j . Individual Providing the SU~y Response: ..:.r::~>-=.-.:&?c!=:...1f-..::.'-'=-:'-; :..:/~~_fV-!Cf,.::(oY)=!.:.les=~'''':I':-'l-,,· II Phone: )(;;;'0[; -? 7s -2( (I Fax: X 'J.f1,r -'3:'1.r-c '£-'73-( . E-m.all: IitIOf) tesr(i! mlClm tdaeit!. '\fa II' Subject: Performance Evaluation of H f R. . f3tt ill N G J ..r:..,...J C. • Number of pages Including cover: 2 . To Whom.!t May Concern: The City of Miami Beach has implemented a procsss that colleats past performance inforrnatlpn . on contractors that have provided concrete ourbing/sidewall< construction and striping of city streets and parking lots. The information will be used to assist .Cijy of Miami Beach in . the· evaluation of a contractor for service.s performed for your agenoy of company. The company listed in the subjeCt line has chosen to participate In this program. They l)!!)I'I. listed you as a past client that they have done work for. Both the company and Clty of Ml\\rnl Beach would greatly appreciate you taking a few minutes alit of your busy day to complete .. tl1<; accompanying questionnaire. Please review aR .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 Thao Carrasco by February 6, 2012, via fax· to 786.394.462.4 or e-mail· theocarrasco@roiamibeachll.gov. ~hank you for your time and effort. f~ Gus Lopez, CPPO Procurement Director BID NO: 15-11112 DATE: February 6, 2012 CITYOF MIAMI BEACH 63 I I I I I I ! j- t. I ! I l . i. I ; I I ~-- , ( r (9, MIAMI BEACH City of MltU't'li Beath, 1700 Convention Cenler Drlv$, Mioml Beach, Florida 33139, www.miamlbeochfl.go\l PROCUREMENT DIVISION Tal: 305·673·7000 ex.!, 6230, Fox: 7a6-39A.462.4 PERFORMANCE EVALUATION SURVEY '! ITB 15-11112 Date: tJ2/o ( ~ 2. . Company ~ame{ . li: t 1<. ~l/fiJG, ~C . Point of Contact: . A b.e-f &-r flo l2.e cue Phone and Email: 305 -Zy,( " 6/ b .e(i.) h (" Ct.-VI 1'1. ei , co ~·1It • Please evaluate the performance 01 the company (1 -poor; 10 -eXcellent), .NO CRITERIA" 1 Atiffit)"-to manage the project cost (minimize. change orders) 2 Ability to. maintain project schedule (complete on-time ar early) 3 Quality of workmanShip 4 Professionalism and ability to manage (includes responses and pnampt payment·to suppliers and subcantractors} . , Close o.ut proce.s (no punch 'Iist upon tumover, warranlies, as-builts. 5 ooeratinQ manuals, tax clearance, etc. Bubm~tad Dromollv) 6 Communication , explanation of risk, and dOCiUmentatlon 7 ~bility to follow the u~)ers rules, regulations. and requirements housekeeping, safetv. elc ... B Oll.erall custorrier satisfactlon and hiring again based on parformance _(eomfort level In hiring contraotor again)' . Overal! Comments: BID'NO'15-11112 DATE: February 6. 2{)12 CITYOF MIAMI·BEACH 64 UNIT SCO~E (1-10) iO: (1-10) "'. (1-10) I,D t1-10) ,0 (1-10) '1' (1-10) 10 (1-10) 10 (1-10) 10 . 1-I I I e MIAMIBEACH City .. Midml Beach. 1700 CDnvenfiCll'l C.nltt Drive, Miami BaacfJ, flalido: ~3139. WWVf .miatnlbetK:hfl.eov PROCUREMENT llMSlON Tel, 30W3-7000 .... 6230, Fox: 780-39"'-'1624 PERFORMANCE EVALUAnON SURVEY. ITB 1~f1/12 Date: ~'4'2€1I-Z-1 . Company Name: J+-If' R. /tl// (~G , ;:z:::::,..;C Point of Contact: A1$ e-' & 0 12./6·c.rf!!"2-.-' Phone and Email: t:U,.e. @ h r f}a.-V /11 «. ~ .1 Q Please evaluale the performance of the company (1 -poor; 10 -excellent). Company providing Referral: --&l~ ~;~ tJ6,. Contact N.lIHI: ~§h A- Contact Phone and ~I: ~"20.8;> 3"'J . Dat" of Servlces;g $.bIC\J..l Jr riQ':L AO Fat!.. Dollar j,:).i;/). ~untr "'0 . • for . ' Services: ~I_ ret ~n this qu;st!onnalre to ThaD carr~aico by February 6, 2012. via fax to 786.394.4824 or .. mall thaoc8!'!'l!!to@mlamlbaacbf!.gpy. BtDifo: 1$-'1"2 DA1El February." :W1Z CIrYOF MlAMllIEACH 64 ! I . , I r I .1 W'"ON VIII PAST PERFORMANCE SUR\IEY . (.9. MIAMI BEACH dty 01 MJamf a.ach, 1100 Convenlion Cantar Drive, Mlttn" Iiearh. f~ 33139, VAWI'.miWIIlbaoc:ldI.gCN PROCUREMENT DMSION Tel: 30S$3-7000"",. 6230, Fwc 7116-3944624 Date: 5AN (gO"t"-I "2A ,(2. . Te: ~~ ~)~E;i~h'~C. J. ~f)f..AfdQ~; . (Clienfs Name) . I \ IndMdual Providing !he Survey Response: X. ~5 k.. 'Jg:G,~ . . Phone: X~~ ~ '3. ~~~;,.: Q;;rg;; Ii 1J~~ . ~j!>o~ . Subject: PerrolJllance Evaluation of If f R. f::I. t/ ( N S I ..I:.".J c.. • Number of pages 1ncluding cover: 2 . To Whom It May Concern: The City of Miami Beach has implemenlad a process that collecl8 past perfarmance infolJllation on contractors that have provided concrete cuJbinglsldawalk cons\rucllon and slliping of cilY streets and parlling lots. The information wiD be used to assist .City of Miami Beach in the evalua60n of iii contractor for services performed for your agency of company. The company naiad in the subjei:t line has chosen to participate in this program. They have listed you as a past client that they have done work for. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes oul of your busy day to complete .the accompanying questionnaire. . Please review alt Items in the following dooument and answer1he questions to the beat of your knowledge. Should you hava dlfticuHy understanding !he queation'S meaning. please proVide your best judgment as to lis understanding and score accordingly. Plead .alum to Dap CarrascS! bv February 6. 2012, via lax to 786.394A624 or a·mail Iheocarrasco@mlamibeachll.aov. Th!VOU for your time and effort. f!_ pUs Lopez, CPPO .. Procull9ment Director BID \'10: 1$·11112 DATE: Fob ... " 8, 2012 ClTYOF MIAMI BEACH 113. . j i I ~ I i I j .... ,,_ .... -.. ---------------.. ---.-.. -.. ~.-..... ." .-.. --.--.. ~-------... -•... -'-'--'--"'-"~-' SECTION VIII-PAST PERFORMANCE SURVEY .e MIAMIBEACH CIty' of Mlam1 Bl!la~h, l70D CQhvanliol1 Cenl0f Cd"" Miami &eo.d\, P)orldo.331i'i9, www.m!(l~~tlchf190V PROCUREMENT DIVISION T.I: 305-673·7000 'xl. 6230, fox: 786~944624 Date: :J.J&J ('30 -f:!t. /.-z,..:. ;('2-' . To: xci f; ,,;; 4rpJ-/u R.,4 (Clienfs Nama) '--'-1 -. IndivIdual Providing the SUlVey Respon~e: X (.I II 'I 1<, H'S'f Phone: X 365 -t./ b6 -'g '123 . 'Fax:, X '/0 oS ~ ~/"-' ~ 8' "'I ;T., . E-mail:· X TOil! e:j TC: .; IT" of A·oJ·~ rJT<JI(.A.i'J C!.df"\,· Subject: Performance Evaluallon of H-f· R-r,,:fv' ( N Ii I ..:c..,....J c.. • Number of pages Including cover: :1 . To WhOm It May Can oem: . The City of Miami Seaeh has Implemenled a process that collecls past performance information on oontractors tIlat have provided aoncrete curbing/sidewalk construction and striping of cll,y streets and parking lois. The Information will be Used to aGeist .Clty of Miami Beach in the evaluatIon of a contractor for services performed fQT your agency of cqmpany. . The company listed In the 8ubjailt IIna has chosen to partlclpate in this program. They have Ilsted YOU as a past clientl!1at thay have done work. for. Both the company and City 01 Miami Beach would greatly appreciate you taking a few minutes cut of your bUsy day to complete the accompanying questionnaire. .' . Please review all' Items In the following dooument and answer the quesllons to the best of your knowledge. ,should you have difficulty understanding the question's meaning. please provide your best judgment as to Its un~erstanding and score accordingly, Pleas", return to Ib,o Carrasco by February 6. 2012, via fax to 7Ba394,4624· or e-mali !heocarrasco@mlamIDeachfl.apv. (tou for your time and ~fforl Gus Lopez. CPPO Procurement Director BID NO: 15-11112 DAlE: February 6, 2012 CITYOF MIAMI BEAGH 63 .. I I ) . -•... ~-. -........ ---.... --'-.. --..-.. ---~.---.--. --"-'---.. e 'MIAMIBEACH City ttf MIami BeQch, 1700 CnnvenUon Cenler Dflva, Mlaml Bench. florida 33' 39, www,miamtb.achfl.gnv PROCUReM~Nr DIVISION T,I: j05·673.7000 .... 6230. fox: 786-3944624 PERFORMANCE EVALUATION SURVEY . ITS 15-11112 Date;' (-:30 -,. ('2- . Company Nama: U-i 1<. fk /II iJ';' t;::r:::.,..;C Point of Contact: A-B~ fZ.o .0 IZ.. i G(.) £'<l.- Phone and Email: 'J,0J-'U/-'3C1'oi~ aLe.@I1a.../t:<.vl.ltj. ~ , . J Please evaluate the pilrfQrrnance ofthe camp!UlY (1 -poor; 10 -excellent). . (1-10) '6 on (1-10) '1 Overall Comments: Company providing Referral: ~C,.;I"':-· -:{-:;-:-o:..:t'~_A.-:.J_"' ... N_"~\I:.:JC; ... ""',....-_______ _ Contact Name: .;;..,-; AI ~ ,. 0 M ; Contact Phone and Email:r-;3"""()",$'..:;--,":::1:'i6;.>(;,:-,-::...oL..l.~'"l,,,3~......,. _____ -:-___ _ -Date of ServiceS:; S l 1\ -I'Z. \ Dollar t -z.S"6 K Amount BID NO, 15,11112 DATe, F.br.ary 8, 2012 CITYOf MIAMI·BEACH 64 lor Services: i. sgcnON Y111-PAST PERFORMANCE SURVEY . ce MIAMI BEACH CIIy III Miami ........ J100 ~. CenIoo-o,w., Miami a...I" florido 33139, www.~"mlbeacbll·9'" PROCUREMENT DIVISION To\; .0567lh1OOO .... 6230. For. 780.3944624 Dale: ;lhs. (go~ 1~'(2- To: X it t f2.1 p",u {;:"Cj , , (Client's Name) In~iduel Provfdlhg t~ Survey Response: >s: Up c. . Lt;5 IIlsk u c-{co-"" . :he \(c <;;.c:, ;., Pfjone: X,?,oS -;.7S -2 l "1'2:. Fax: X ~ ~!:'-~t:>::L _ . . E .. mail" k .se;:d*iG$~hboJC2.·'7C>t.! . _ Subject: ?elfonnanceEvlllualion of H r R.~I/ (iV' I ~ C • Number Of pages incllJdiqg cover: 2 . j~ • To Whom It May Concern: . . nie Clf¥ of Miami Beach has implemen1ed a process that collec1s pasl·perfoRDance information on conIractoJS thaI'haVe provided W1lC1aIB curbing/aidewalk oonslnlclion and !Wiping of c:i\y stJeets and parking-loIIo.The lnformatlon wUl be ulad to assist·OitV of Miami Basch in tile evaluation of a contractor for services perfonned for your aganoy of company. . "l'be cbmpsny "sted In the aubjeCt Une has choseIi to participate in this program. lbey I)ave' listed \'Ou as a past client that they have dona work for. BotIl the company an4 Clty of Miami Beach would greatlv appnsciate yeu tsking a few minutes out of yeur busy day to compIetB the accompanying questlonnajre. .- Please reviewalt Items In the following documant and answer the quesllons·to the best of your knowledge. Should you have difliculqt und8l8landing the question's meaning, please provide your beat judIJment .as to Its understanding and BDOre' accordingly. . Plaap nd!!m to Thaa C!lm!sco by fabrugrv 6. 2012, via fax II> 766.394.4624 or. e-mail . Jh.~CBl!1!!!CO@mlamjbeach!!.gov. Thank you for your time and effort .. (~. . Gus Lopez. CPPO Procurement Director BID NO: 1Sr11112 DATE: FabRlllll' 6, 2il12 ClTYOF MIAMI BEACH 83- i ;\ , f , 1 I ~ I , I ! I , r I I , , I , I r I 'I , , , i I ; I 1 I I .j • ,. ,. j .. I r I , L , I ! I I r i I I l- I I. I ; ! I , I ! i t I 1 1 r , '-f , I ! , i f 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 Nam of Subcontractor (Telephone and fax no.) Name: Hi6I1flfCIfS1il~/~b Tel: ~-gf'f~(HU. ::ITIC; Fax: '3,[. 1J14~ H50 N~me:¢U~l-; ?: (kViol(" e,q, Tel: 1o{-Z4.f -'Z4z.C. Fax: ~ar: 11,i -2ft/fo Name:'--____ _ Tel:, ______ _ Fax: ______ _ Name:, _____ _ Tel: ____ --'-__ Fax: _______ _ Name:, ________ __ Tel: ______ _ Fax:, ___________ _ Name: __________ -'- Tel:, ____________ _ Fax: ___ ---,._--- ITB is-11{12 -Adde.ndum 1 January 25, 2012 Work t be co leted % of Work to be erformed 3.3 % Ct> /oJ CiU?fY CU' p-e i to"G> ,lj,.Jj) S\P~d-K... (Attach additional forms if necessary) "PEoPLES iltANSl'OR'l'ATION PU.N ROADWAY" "FSOPl.ES TRANSPORTATION PLAN ROADWAY RIiSUItFACING CONTRACT" PROJECT II 2010D381 CONTRACT" PROJECT # 20100<126 "MIAMI INTERNATIONAL AIRI'Ol'lT PAVEMENT REPAIRS" PROJECT 11 RM6-07109 IMJlROVEMENTS"_"P~h aQtlM~ D~t~ Pllnl~!l/31/lOU (MlAMI·DADECOUNTY J!I!)·2!J9· I PUBLIC WORKS) I 9112l MIAMI.DAPE COUNTY ., (MIAMI·DADE COUNTY 305-299· I PUBUC WORKS) 1 9Bll MIAMI.DADE COUNTY TAMJAMJ AtlU'ORT 305·299-(MlMlI·DADE COUNTY ruauc WORKS) I "" MIAMI·DADE COUNTY 31lS·299· (MIAM.I-DADE COU PUBLIC WORKS} I 98" MIAMI-DADE COUNTY RABASA I 30s..299· (MlAMl.DAOE COUNTY PUBtlC WORKS) 9822 ,. 3DS-<i87. Uill 305·816-\<,,, 954·541J. 1919 MIAMI-DADE COUNTY FDOT Di,ln.;16 City oftU"'uJl DEPAflTMENl1 MIAMI INTERNATIONAL AIRPORT MIAMI·DADE EXPRESSWAY AtlTflORlTY (MDX) Marclll,:mlll ScpI~m~er I, 21111 OClober I S, 200!l I Sepl.:mber 1,21111 AucunlS,2010 I Seplelllbet 15,2\111 ]2nU~1Y 24, 2011 I JanullY 24, 2012_ Mi!lllk21,2011 Marth 20, 2012 OctoberlJ,201I M~rt:h 1,2012 O~tubo::1'J,2011 hnu~ty~I,1012 Pn.ieds 'Started' TOTAL "" $_ ID,625.457.77 $ 3.078.717.14 Seplen:lber 17, 2008 Septmlber 1, 2011 Oeloberll. 201 t November 1,3012 iects 'Started' TOTA'L "" $ 16.082.1 Jobs In P/'lJVess Pallt 10f3 IJOB~ COMPLETED] , CITY OF MIAMI BEAd-i AUGUST 7,2009 Deloher t, :20t t 305-299-I (MIAMI-DADE COUNTY PUBUC WORKS) 9822 MIAMI-DADE COUNTY July \5,2010 November 1,20 L 1 (MIAMI-DADE COUNTY JOAQUIN RABASA I 30:g~-I PUBLIC WORKS) I June 15,2010 Octcberl.2011 MIAMI-DADE'COUNTY (MlAMI-DADE COUNTY JoAQUTNRABASA I 30S-;'9-I PUBLIC WORKS) I MARCH 1,2010 I September I, 2{}J I 98~2 MIAMI-DADE COUNTY 305-299-(MIAMI-DAOE COUNTY JOAQUIN RABASA' PUBLIC WORKS) DECEMBER22,2009 July 1.:2011 9822 MIAMl-OADECOUNTY TonyTomei 305-46ti-City or Aventulll Aprll25,2011 September 6, 20 I 8925 Annanda Nunez 305_365_ Village of Key Birulayne Mny23,2011 August 6,201 I --'" Rich Michaud I 7 ..... -J ...... -City cfCoral Springs July 1 B,101 t . " .. " Eddy Taylor 305-256-FDOT Soutb Dade Jnnullty'l, 201 1 January-I, 2012 6348 Main/:enanc:e .. _" .,~,' ' ...... ,._ .... _,_.-, .. __ .,-- [JOBS PE~IDING! I 1 Regular Proje... PENDING - Minmi·P1\dt County CDBG~~I 305-299-(MIAMI-DADE COUNTY Road"ft)' Rmlliot:inll Conlrae! 1 ·AQUIN RABASA "" PUBLlC worucs) NulSllIlIcd ~VALUEl HzotO·1)1lS MrAMl.DAOE COUNTY , 340J97.15 '" , 340.3"7.15 BidIJIO·II.(l!;'iI\RRA·CDBO 'Eric Rush 30>416-eil}' ofMinlni NotStartcd I,IVALUEI aStfeet Resllrf.tjpS Projcel 1298 • 741.193..00 0% , 7.041.193.00 WASD SkcerRch&bilitaliOR +Q~IN RABASA 305-299. (MIAMI_DADE COUNTY Conlr.lcl 1I2!:JlG1l6IS 98" PUBLIC WORKS) NotSlarted /,fVALuEI MlAMt-DADE COUNTY S 500816.tt '" S 50~.BJ6.11 WASO Siteet RCtlDbnil:tliun 303·2911· (MIAMI_DADE COUNTY Conh1JCl fl:2f!IOO510 J . AQUJN ltABASA 9822 PUBI.1CWORKS) WgtStarted IVALUEI MIAMI·'DADE COUNTI S 4S7246.09 0% S 457..24fi.o9 "I'EOPLES TRANSPOR.TATION PLAN 30$-299-(MIAMI·PADE COUNTY ROADWAY" J AQmN MBASA 9822 I'UBLtC WORKS) !1loIStar1w INALU~! Rr,suItFACINO CONTRACT MIAMI-DADE COUNTY 2~61 I'ROJECT,II lOll-0036 • 848.832..0' "0% S 848.832.09 Cily Welle Road 1tC$\lrfllcin.r: ~~'MC1lC1ldc~ CHy of SOil III Miaini N"olSta!\cd IIYALUEI ProJctl 1'10, SM.20! I.07·I'W S 4281159 '" I 42.823.59 Mla",i-Dndc Calmly (M~~DADECOUNTV 11Itl:1'nlIlionnt AjrS~' ~ 'AQUIN RABASA. 30.'1-299· PUB1..IC WORKS. NolStll11~d #VALUE! Rl!.'ilufodng Con/net 112011-'822 MlAMI.DADE COUNTY 0'" • 1.178928.74 ". S 1.178928.74 Mland-Dade Cou~l)' ROBd\O(8Y J05..2ll9· [MIAMI. DADE COUmY Resltffncing Ctllliratl 1.1201 I· :' AQutN RABASA '''' PUBUC WtJRKS) No\SlsI1a1 IWAl.US 0168 MIAMI-DADE COUNTY S 8301123.14 0% S 8)0.823.24 1<;, .. 1."'", C'M" R •• d .. " r 305-299_ (MIAMI.DADE COUNTY RCSllrfac;ngContrac!11-2011-: QUlN ltABASA 9822 PUBLIC WOIUCS) NotSlwted Jl.VAI-UBI 0169 . MIAMI-DADE COUNTY S 829131.44 0% S 8.29,\37.44 1 'PJ'O.iects 'NGt Startedf TOTAL"'" $ 5.770.l!I7.4S -s S.770.197AS 1 1 J Work Order Projects -PENDING . I I I aiOBO-RO A:lplldt Rc!,ulr -['lI!lh StlUnn" FOOT D\sUitt Ii NotSt!ll1ed I/VALUEI • 24,<; 630,00 ,% • 246J;SQ.OO I I I A5(111all averlllY 8-11-72 Hotlbllymaq 954-797-Town cfDavie NclSianed jj.VALUEI 2flSl.UJ.50 I 11116 S 2.119.S3J.50 0% S I Work Order Profecfs 'Not Started' TOTAL c:: $ 2,366,183.50 S 2.366.183.50 . ,. \ O~te Pnnled: l/St/:ro12 Jobs I" Pro'le" Pagelcl3 ens -PROmCT EVALUATION Friday, February 03, 2012 -10:47;36 AM J . Page 1 of2 MIAMI-DADE COUNTY, FLORIDA Capital Improvements Information System Public Works and Waste Management MCC Contract: PW 20080225 Contractor. H & R Paving Inc. Department Contact Jesus Gonzalez Contractor Evaluation EvaluaUon ~pe: standard Evalu.Don FEIN: 591690152 (305) 375-3931 Award Amount $1,000,000,00 EvalualDr /0: Jesusg Dale: 5/10/2011 Period: Project conclusion or closeout Ratina' II 3 2 : 5.' ' ~ 1 NfA 1-'~ chedule -Quality of scheljule & adherence to sched!lle 5uJUng in timeliness and minimizing delay 10 the owner and mmuiiitv. ' 2-<Ii Cos! effectiveness & efficiency -Budget compliance & value 0 work. ~~ 3-Vision -Design -Concepts or adherence In criteria. f4-Cooperation -Teamwork & ~aUDBship with owner, subs and suppliers. 5-.", D Coordination -AbiliIY to organize, schedule and complete taskS in adherence to the schedule. ~-oj D Agcuracy & Technical Skills -Cost estimating, schedUling, shop and other drawings, plans, manuals, project documentalion and conll"JCt resolution. ' 7-~D '.' Completeness -Compliance with contract documents, pennfts, Codes & standards. 8-I'';;~ no Responsiveness -TimelY,clear & concise responses to owner commenlll and correspondence. 9-',," Commitment -Inlanglbles & contr1bulion to project success. 10-<Ii Personnel-QuallIY and dedication of project staff. fl-.".. Management -Leadership ability. It2-1 ~ QualilY -Work perfonned correctly the first time. Overall Perfonnance Average: ~ " Documentation that supporlli this evaluation and Contraclol'siConsultanfs comments can be obtained by contacting; Jesus Gonzalez at Phone# 305 375.2172 Evaluation Reviewed by: SupervisorP" Division Chief'" AssistantDireclofr Direclorr 'The method of delivery of this evaluation 10 contractoriconsullant: Certified Mall P" EMail IV' Fax F Handr .-' (Unresponsive Per1ilrmance by contractor/consullant requires 2 delivery methods, one MUST be Certified Mail.) Evaluation delivered to: H&R Paving INC. 'Rating Ke~ 4 Suparior perfonnance -Exemplary quality, no Intervention required -project completed on time or alllly at or below budget with no change orders or amendments other than owner requested change •. 3 Satisfactory performance -Minor errors noted, addressed With timely oonecllve aellon. No serious errors noted or bttp;//intra/ciislfrmCon1rlWlDrEvalua1ion.asp?SeIClCCNO=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 !he Principal, and BerkleyRegionallnsurance Comp'!ny a corporation duly organized under tbelaw. of Slate of DE as Surety, hereinafter caned !he Surety, are held and f=ly bound unto City of Miami Beach, Florida asObligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for.1he payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves. our heirs, executon;, administrators, SUCCessors arid assigns, jointly aud severaUy, firmly QY these presents. WHEREAS, the Principal has submitted a bid for Concrete Curbing/Sidewalk Construction, Purchase of Asphaltic Concrete/Related Materials and Striping of City Slreets and Parking LotsClnvltation 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 !he Obligee in accordance wi!h 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 fur the prompt payment of labor and material furnished in the prosecution hereof, Or in ·the event of-the fai1l!re of !he Principal to enter such Contract and give such bond o{bonds, if the Principal shall pay to the Obligee !he difference not to exceed lbe penalty hereof between the amount specified in said bid and such larger amount for wliich the Obligee may in good faith contract wi!h ano!her party to perform !he Work covered by said bid, then this obligation shall be null and void, ofuemise 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 (Wible,s) Mary C. Aceves BY: (!)/1,du/f).1U;fMH ) Charles D. Nielson . (Title) Attorney-in-Fact AIADOCUMENTA310 • BlDBOND' AlA <Ill •• FEBRUARY1970ED· TIlE AMERICAN INSTITtJ"rn OF ARCHITECTS, 1735 N.Y. AYE., N.W., WASHINGTON, D.C. 20006 I 1 I I I POWER OF ATIORNEY BERKLEY REGIONAL INSURANCE. COMPANY vnLNITNGTON,DELAWARE NOUCE: The warning found elsewhere in thls 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 OOly organized and existing under the laws of the State of Delaware, having its princip.l office in Urbandale, Iowa, bas made, cOIIBtitnted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson, Charles D. Nielson or Joseph 1'. Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attorney-in-Fac~ to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and rmdertakings, with the exception of Financial Guaranty Insurance, providing that no single abligation sball exceed Fifty Million and 00/100 Donar. ($50,000,000.00), to fue same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attollll>Y shall be construed snd enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereat: 'Tb!a Power of Attorney is gnanted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board ofDkectors of the Company bald on Augnst 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execu,e powers nf attorney authorizing and qualifying the attomey-in-tact named therein to execute bonds, undertakings,recognjzances, or other suretyship obligationS on behalf of the Company, and to affix the corporate seal of the Company to poweI1l of attorney executed pursuant hereto; aodfurtber RESOLVED, that suchpawer afattorney limits the acts of those named therein to the bonds, undertakings,.recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein statedj and .further RESOL YED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further . RESOLVED. that the signature of any authorized officer and the seal of the Company may be affixed by tacsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the CQmPlIDY; and such signature snd seal when so used shall bave the same force and effect as though manually affixed. The Company =y continue to use far the porposes herein stated the facsimile signature of any person or personS who shall have been such officer or officers of the Company, notwithstanding the fact thet they may have ceased to be such at the time when such instruments shall he issued" . IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereuntn affixed tbiB a day of ~ ,2010. Attes!:Lf Berkley Re~lInsur~c;f';.mpany (Seal) By ~ By ;;.a-r ~ Ira S. Lederman -:R=-o-:b-'ertS:P:-. C"'o-:l'-e -=-'-"------ . Senior Vice President & Secretary Seniar Vice President WARNING: TBlS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURlTYPAPER. STATE OFCONNECTlCUT) ) .. : COUNTY OF FAIRFIELD ) Sworn to before 1Ile, a Notary Public in the State of Connecticut, thls..LL day of -;:) CV'\I..~ , 2010, by Robert P. Cole and IIa S. Lederman who are swam to. me to be tbe.Scni.or. ViI'''' Pr.e~-and the Senior Vice PIesldent and Secretary, respectively, of B k1 Re · I Ins Co "'" ~ 1'..:1:: I::!ooi . , .... t.. ,--;;;E1'li er e~ glona urance mpany.· NOTtilU' PDlf:r,.!C: c;:o.::: . at!VCOIWJltsSIONE.~n?ESJUNE3n,~O~.2 ~ /~ /..c-( .. n./ Notary Public, State of Connecticut CERTlF1CATE T, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the .l<;l.I.egomg is a. trtie, l..OUect. and cOl..llpletu GDPY 01 Wti"Ol.lgUltlii\)Wl;;lOl Aiiulll'='Y, lliat S&J.d}'OWeI of .fi.ftorliey has llofueell16voh.~d or rescinded and that the authority of the Attorney·in-Fact set forth therein, who executed the bond or undertaking to which thls Power af Attorney is attached. is in full force and effect as of thls date. (Seal) Given undermy band and seal of the Company, this ~ day Of..!Ftl::llblll:!~~:.u,=-_"'1,/-· __ --,'2012 Andr.~ , L FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 23: 295899-0 THIS IS NOT A BILL-DO NOT PAY RENEWAL. 309330-9 BUirE:S~~~~l?itfO~LANT 1955 NW 110 AVE RECEIPT NO. 33172 UNIN DADE COUNTY OWNER ONE HUNDRED & TENTH AVE INVEST C EMPLOYEE/S 12 SeC.io~· ~~&.}nRE·CVCLl NB/PROCESS ING 'T1ilS IS ONLY A lDCAL BUSINESS TAX REC!iJ'T. IT DOS Nor PERMIT THE HOLDER TO Il!01../I.TE A\« EXI~G REGULATORY OR zmllNG LAWS Or THE COUlflY OR amES. NOR [lOES rT EXEMPT 'IllE HOLDER FFlOM /JJft OTHal PERIIIlT OR UCENSE REOUIRED BY LAW. 1111S IS NOT A CEliT1F1CAnON Of 'Tf!E llOLCtm'S QUALlAI:Ir nONS. DO NOT FORWARD H .& R ASPHALT PLANT RAUL GONZALEZ 1955 NW 110 AVE MIAMI FL 33172 33i 72:t:iSi i C09i i •• Ii. ,&.Ill,"i •• i.lu.ll j ,I", ~ 067477-1 BUSINESS NAME I LOCATION H & R FAVING INC 1955 NW 110 AVE FIRST-CLASS U.S. POSTAGE PAlO MIAM1"FL PERMrr NO. 23 ___ ._. ,·-=."CO'~' THIS IS NOT A BILL-DO NOT PAY RENEWAL 067477-1 33172 UNIN DADE COUNTV OWNER H & R PAVING INC Sec. Type. of Business 196 SPECIAL TV THIS IS ONLY A. LOCAl. BUSINESS TAX: RECEIPT. rr. '. poes NOT PERMIT THE IiOLDER TO ViOLATE ANY ENGINEERING CONTRACT WORKER/S 10 --------------~----------~-----~~~~~~~b~~~~----------------------~KfNIT""'~~~c-----------------------------~~~I'(rr lJHex~~· ~~~ "DO NOT :-ORW:.:::r: HOLDER FROM ANY OTHSR PEAMrr 01'1 weENSE REOUIRED BY LAw.nllS IS NOT A CERTIFICATION 01' THE HOLDER'S QUAURCA. "lIO~S. PAYMENT RECEIVED MIAmI-DAD!; COUtfr'o' TAX' COllECTOR: 'I 0812212011 60000000349 000075_00 SEE OTHER SlOE H & R PAVING INC RAUL GONZALEZ JR PRES 1955 Nil 110 AVE MIAMI FL· 33172 State of Florida Department of State I certify from. the records of this office that H & R P A V1N G, INC. is a corporation organized under the laws of the State of Florida, filed on August 19, 1976. The document nurn.ber oftbis 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. Given under ~ hand anti the Great Seal (If FWrida, at Tallo.hassee, the Capital, this the Twe:nty Seventh day of Odober, 2008 ~'''6 SecretalY of Stat"l} To authenticate tbis certifica1;e7visit: the following site, entertbis ID, and then fullow the instructiOllS displayed. https:ffllfile.sunbiz.orglceJ1;authver-.html H&RPAVING,INC: AND ONE HUNDRED & TENTH INVESTMENT CORP. COMBlNED INTERIM FINANCIAL STA1EMENTS AND SUPPLEMENTARY INFORMATION Six Months Ended June 30,.2011 Benitez & Company, C!'A', H & R PAVING, INC. AND ONE HUNDRED & 'FENTIIINVESTMENT CORP. Six Months Ended June 30, 2011 TABLE OF CONTENTS Independentaccountants' review report.... ........ ... .... ..... ... ...... .... .. .. 1 Combined Interim Financial Statements: Combined Balance Sheet .......................................... ~.. . ... .... 2 Combined Statement ofEamings .............................. :..... ........ 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 ofOross Profit.:: ............ : .. 20 Schedule 4 -Combined lndirect Costs Not Allocated to Contracts .... 21 Schedule 5·-Combined Oen.eral and Administrative Expenses ......... 22 Schedule 6 -Combining Balauce Sheets ................................. .. 23 -24 -Schedule 7 -Combining Statements of Earnings (Operations) ........ . 25 " Schedule 8 -Combining Statements of Stockholders' Equity .......... . 26 Benitez & Comoanv. ePN, Benitez & COffiRany, CPA's ~O~~T~iF~IEO~P~UB~L='O~~=OO~U~N~~S~DC=~='U~~=A~~=S----------~------------------------a-o-o1-C~o-ra7IW~.-y--.-M~I.-m~I.=FI-or~ld'-3~3~15=6 305.261.858S . FBX 305;261.8585 Independent Accountants' Review Report To the stockholders . H & R Paving, Inc. and One Hundred & Tenth Investment Corp. Miami, Florida www.BenltezCPAs.com We have reviewed the accompanying combined balance sheets ofH & 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 financial 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 finaiJ.cial statements. Our responsibility is to conduct the review in accordance with Statemenis on Standards for Accounting and Review Services issued by the American'Institute of Certified Public Accountants. Those standards require us to perform procedures to obtain lirnltedassurance 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 financial 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. Tbis supplementary -:;Iilormation 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 . ani material modifications that should be made thereto. . ----------~----------------------------~~~~~,~-- certififct Public Accountants Miami, Florida July 25, 2011 American Institute of OPA's Florida Instllute of CPA's National Association oj Cl:lrllfied Valuation Analysts Construction Financial Manageml:lOt Associalion H & R PAVING, INC .. AND ONE IIDNDRED & 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: . $ 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 Common stock (Note -10) 8,000 Additional paid~in-capital 831,118 Retained earnings 2,849,214 ----~-c-1P-&sYm.clated-Gt.l:ter__CQmpr-ehensi:v.e..inc.om.e~-----------~===1"',71='8~6~ ___ _ Total stockholders' equity 3,690,118 Total liabilities and stockholders' equity See independent accountants' review report and accompanying notes to these, combined fmancial statements. . 2 $ 7,028,331 Benitez & Company, CPA' I H &-RPAVING, INC. AND ONE HUNDRED & TENTII INVESTMENT CORP. COMBINED STATEMENT OF EARNINGS Six Months Ended June 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-far-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& R'PAVING, INC. AND ONE HUNDRED & 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 (loss): Balance, beginning of year Other comprehensive income (Note -7) Balance, end of period Stockholders' equity, end of period . See independent accountants' ,eview 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 & TENTH INVESTMENT CORP. COMBINED STATEMENT OF CASH FLOWS Six Months Ended JlUle 30,2011 Cash flows from operating activities: Combined net income Adjustments to reconcile combined net inco~e 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 lUlcompleted contracts Increase in prepaid expenses Increase in accOlUltS 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, begiIming 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) (415,000) (415,000) 1,284,663 641,198 I $ 1,925,861 I I Benitez & Company, CPA", H & R PAVING, INC. AND ONE HUNDRED & TENTH INVESTMENT CORP, NOTES TO THE COMBINED INTERIM FINANCIAL STATEMENTS Six Months Ended J1.1I1e 3D, 2011 NOTE 1 -Summary of operations and significant accounting policies; Description of Business: The accompanying combined financial statements include the operations ofH & 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 Of Combination: The accompanying combined fmancial statements for the period ended June 30, 2011 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 (ASe) 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 fOImed for the purpose of providing other services, indenmity 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 Company includes retainage receivable and payable under construction contracts which may extend beyond one year, i.n current assets and liabilities of the combined balance she~t. ¥ and Cash Equivalents: . . The Company considers all highly liquid investments purchased with' an original maturity of three months Dr less to be cash equivalents. Inventory 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, CP)\,o 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 r~corded 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 Staodards Board (F ASB) Accounting Standards Codification (AS C) 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 Staodards 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 fall value bierarchy under FASB ASC 820 is described as follows: Level i-Inputs to the valuation methodology are· unadjusted quoted prices for identical assets or ]iabilities in active 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 (ifid 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 linllts. Concentration of -~ ____ 'Gr-=dit-~i*..wit!:>~r.especWO-J:!JRrketable.secmi.tiellj.s..si.gnifi=Cas.fuI)!ls are deoosited with one financiaL institution and the amounts invested are not insured by the Federal D.eposlt 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 ovmers. As of June 30, 2011, the stockholders of The Company had not entered into a business continuity plan. 7 Benitez & Company, CPJI. H & RPAVING, INC. AND ONE HUNDRED & TENTIl 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 Instnnnents: The Company's combined balance sheet includes· the following financial instruments: cash and equivalents, contracts .receivable and accounts payable. The Company considers the carrying amounts in the combined financial statements to approximate faiT value for these fmancial instruments because of !he relatively short period of time betweoo origination of the instnnnents ~d their expected realization. Long-lived Assets: Long-lived assets to be held and used are reviewed for impainnent 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 !he lower of carrying amount or fair value less cost to sell. Property and Equipment: . Property ~d equipment are stated at cost. Depreciation and 'amortization 'are provided principally on . !he straight-line method over the estimated useful lives of the assets. Amortization of leased 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. Expenditures for maintenance and repairs i)Ie ~harged to expenSe as incurred. Revenue and Cost Recognition: The CDmpany recognizes revenues on long-tenn contracts for construction on !he 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 (FASB) Accounting Standards Codification CASC) 605-35, "Accounting for Construction-Type and Production-Type CDntracts", for accounting policy relating to our use of the percentage-of-completion method, estimating costs and revenue recognition. This method is used because man,rusement considers it to be the best available measure of progress on !hese contracts. Revenues from. ~ost-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. ---~~-C<;mtr.act-GG~tlJ..mclude..a.U-direcWnateriaLand.JabQJ:...costs and thoseJn.direct costs related to .contract . performance, such as indirect labor, supplies, tools, repairs, and depreciation costs. Selling, 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!, R & RPAVlNG,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): 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 .e~ed 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 lmown, it is charged to operation in the period of discoveJY. 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. Waminty; Warranty costs are nonnally 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 requires us to make estimates and assumptions that affect the reported amounts of ·assets and liabilities, the disclosed amo~ts 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, cban'ge in the future, actual amounts may differ from those included in the accompanying combined frnancial statements. 9 Benitez & COffioanv. CPA'~ H & It PAVING, INC. AND ONE HUNDRED & TENIH INVESTMENT .cORP. NOTES TO THE COMBINED INTERlM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 1 -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 (ASC) 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 any amounts exceeding the recorded accruals should not materially affect The Company's financial position, results of operations or liquidity. However, the results of litigation are inherently unpredictable and the possibility exists that the'ultimate resolJltion 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 Teceivable 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" ~ June 30, 2011, $1,057,857 has been outstanding for more than ninety days. In atldition, a total of $161,590 of the currently due on contracts outstanding' more than ninety days has been collected as of July 25, 20] 1. -----~=Rl!!iTIg---fhB_p~Jkre1~efI......J.\tfl~fl:6-S1iffi{3ffier aGGfH:h~ooJ-Ox......appr.oximatel~L.32%.....oLT...".he,--_ Company's net contracts receivable. Total contracts receivable due from this customer amounted to approximately $896,961. 10 Benitez & Company, CPA:, H & RPAvmo, me. AND ONE HUNDRED & TENTH INVESTMENT CORP .. NOTES TO TIffi COMBrnED INTERIM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 2 -Contracts receivable, net (Continued): Analysis ofthe changes in the allowance for doubtful accounts for the period ended June 30, 2011: Balance, beginning of year Additions charged to operations Direct write-off's Recoveries Balance, end of period Nom 3 -Inventory:· Amount $ 507,022 (67,588) $ 439,434 At June 30, 2011, inventory consists of milled material, rock, sand.and liquid bitwnenas follows: Inventory Total Nom 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 HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBlNED 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$11,880 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: accumuhlted 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 us.efullives of the respective assets as follows: Furniture and fIXtUres Machinery and equipment· Transportation equipment N01E 7 -lnvestments in marketable securities: AtJune 30,2011; cost Illld fair value of marjq:table securities coasists ·ofthe following: Available for sale: Equity securities $ Mutual funds Cost 139,509 284,424 $ 423,933 Gross Unrealized lra:m $ 23,282 $ 23,282 12 , Gross Unrealized Lusses $ $ 21',496 $ .21,496 $ Years 10 7 5 Fair V-vJij-c· 162,791 262,928 425,719 . H & RPAVING,lNC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED lNTERlM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 7 -Investments in marketable securities (Continued); The change in net unrealized holding gains on marketl.lble securities available for sale in the amount of $8,062 has been charged to other comprehensive income for the period elided June 30, 2011. The fair value of all marketable securities has been measured on a recurring basis using Levell 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, 2011, accounts payable include amounts due to sub-contractors, totaIiIlg $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 nave a material adverse effect on the financial position of The Company. NOTE 10 -Common Stock: . H & R Paving, Inc. $J 0.00 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 Beni tez & Company, CPR, H &RPAVING, INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED INTERIM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 11 -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-Credit line facility: The Company bas 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 LIBOR 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 terms 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 estiml!ted gross profit on the following uncompleted contract: Contract Number 2700(W) Estimated gross loss at June 30, 2011 $ (125,279) Less: estimated gross profit at December 31, 2010 53,909 Change in estimated gross profit $ (179,188) Estimated Joss at June 30, 2011 > $ (125,219) Less: estimated earnings realized during the year ended December 31, 2010 49,746 Gross loss realized during the year ended December 31, 2010 $ (175,025) Change in estimated gross profit is attributed to unforeseeable job site ~onditions and oilier factors affecting the contract. 14 Benitez & COffinanv. CPI<, H&RPAVING,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES. TO THE COMBINED INTERIM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 15 -Provision for anticipated loss on contract: The Company anticipates a loss on contract number 2700 (W) 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 Compauy'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 ProductiOli-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-fonnal year to year operating leases. . , NOTE 17 -Contract revenues earned: During the period ended Juile 30,2011, two customers accounted for revenues comprising of 41% of 'The Company's total reveriues; Total revenues derived from these customers arnounted to approximately $3,242,323. NOTE 18 -Surety indemnity agreement: In the 'ordinary course of business, The Company I1)ay 0 btairi 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. recogrnzes income from long-tenn contracts on the percentage-of-completion One Hundred & Tenth Investment COl}). recogrnzes revenues and costs on the accrual basis of accounting for financial statements reporting purposes' and utilizes the cash method for tax reporting purposes. 15 H &RPAVING,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED :p-.ITERIM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 'NOTE 19 -Income taxes (Continued): The stockholders of H & R Paving, Inc. and One Hundred & Tenth Investment Corp. have elected for the corporations 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 of 35%, are sunllnarized 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 Although not accrued in the accompanying combined financial statements, current and deferred federal income tax liabilities 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 following schedule summarizes changes in backlog on contracts during the period ended Jillle 30, .2011. Backlog represents the amount of revenue The Company ,expects to realize from uncompleted, contracts in progress at June 30, 201 J and from contractual agreements on which work has not yet begun: , , Backlog balance at December 31, 2010: $ 5,408,550 zt-e-9-R-HeA ',~ , _,_i _ l~C'w (';'unUJ.lcts dUring the pel10d ended JUuG 3U l 2011: 10,387,240 Less: contract revenues earned during the period ended June 30, 2011: (5,870,954) Backlog balance at June 30, 2011: $ 4,516,286 16 Rf'"nltP7. f'.f r.nmrianv. CPA'~ H&RPAVING,INC. AND ONE ffiJNDRED & TENTH INVESTMENT CORP. NOTES TO THE COMBINED INTERlM FINANCIAL STATEMENTS Six Months Ended June 30, 2011 NOTE 20 -Backlog (Continued): The Company is generally required to :fqrnish performance 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 .~ general guarantee from The Company .. At June 30, 2011, surety bonds for contracts totaling $12,862,465 had be!"n 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 1, 2011 and July 25, 2011, The Company was awarded additional construction contracts with projected revenues of$2,053,642. 17 Crmtrilct -"', 2531 V s 21m(W) 2633 2656 (W) Z661v' "" 2679 2683 2700 (W)v"'" 2702 ,,0< no9(W) 2714 2716 2725 (W) 2136 2737 (W) 2743 2757(W) 2760 (W) 27" 2712 (W) Cal\tmct Pri~ lnc:1udinS Chlll'1ge """'rn 680,000 2,718.943 1,125,000 345,285 885,837 868,7~8 741.662 611,168 2,8tiS,221 499,910 894.88:5 405.&14 151.007 338,208 79,558 457,246 124,015 592,273 m,,603 309,596 261,360 100,000 Co' Totals EstimAted Co'" "Including C_ ""'" 640,560 2,5lS,022 1,056,15"0 310,756 853,941 811,429 '94,196 626,200 2,990,500 466:9-l6-' 842,087 3SJ,494 \46,192 31ii.901 75.371 425.239 115,.582 556,026 142,531 301,856 248,292 93,300 Eslimrlted "''''' Profit (LMsJ S 39.440 S 203",92:1 68,850 - 34,529 ,..,. 31,89o..l/' 51,339 - 47,466- 44,968 ~ .(125~791 ¥ 32..?94 ""- 52,798 - 22,320 4,815- 21,307"- 3,986 3.2,001 8,433 ~6,247 10.072 7,740 13,068 6,700 COillrao::t Revenues &mod 473,356 2,009,951i 681),366 300,112 684,103 69&,681 515,0]6 .~1j.033 2,576,407 460,590 333,136 260,531 146,307 12,257 39,383 62.628 63,503 44?,066 85,449 238,811 115,855 13.s21 Totals S l5.268 359 114.612.74& , ! 655.611 $ 10r752.073 ,. \ (W)= Work-order COJllJ"acts wim a maximl\m value notyctm~ See independent .."ountants' rev.J. report and accomp"'l'ing notes to these combfea financial statements. , H & R PAVING,INC. SCHEDULE 1 -UNCOMPLETED CONTRACTS Six"Months._Ended June 30. 201 t From inceotion to JIIIlC 30, 2011 C(l~t af' Profit Rr:vellue.~ Estimated % Bfllillgs ta Earuw Earnings (Loss) ~ Date 445,901 1,~9.209 638,"7211 210,ICO 659,475 6!i2,568 5]8,215 349,906 2,701,686 430,191 313,481 246,202 141,642 11.485 37,.410 5a,244 59,185 419,706 19,809 232,847 21J5,062 12,615 S 27,455 150,741 41,638 30,012 24,628 .!I6,113 . 36,801 25,121 (125.219) 30,399 19,6.55 14,329 4,665 m 1,913 4,384 4.318 17.~O 5,640 5,9"10 10,793 906 5.80% 7.50% 6.12% 10.00% 3,60% 6,60% 6.40% 6.10% 6,60% 5.90% 5.50% 3,19". 6.30% :5.01% 7.00% 6.80% .6,12% 6.60% 2.50% 5,00% 6,70% $ 495,1195. 2,438,534- 934,086 . 345,2llS 860,161 791,002 667,979 4S1.t59 2,S7lJ,!91 498,785 2.4fi,t14 130,353 150,299 9,347 4,558 8,\56 28,690 431,948 20,550 311,664 197,293 . Pm:cnbl:ge of Compl~oD • 69.61% 73.92% 60.43% 85.92% 71.23%" 81).42% 71.$3% $5:.3&% 89.92% .,.-/ 92.13% :nlJ% 6<1-.20% 95.8Sl% .3.62% 49.50% l3.70% 51.21% ".48% 55.99% 71.14%. 82.59% 13.52% Estimated """to CoDlpl$ 194,659 655,813 417:422- 40.655 194,472 158,861 155,981 276,194 288,814 36.725 522,606- 13.7,292 4,550 305,416 38,162 '.366,995 56,397 I36,~20 62,.7]:2 69,009 43.230 80,085 oS 10.36:3,667 $ 388.406 $11 287,059 S 4.249,081 ,. AtJun!-3D.2011 Costs and Estimated Bamtngs In ExCCll'! of Billings $ 6,216 87,022 130,t18 ~910 34,825 54,472 34,81.3 15,113 64,8&9 . 20B,153- 18,562. 13,521 ~ 670.679 $ Billiq3;iri Eltt:eS5 o( C .... "'" Estimat~ EonU"" 22,539 428,s78 223,720 .45,173 176,058 98,321 92,963 76,i26 38.t95 3~92 S 1.,20S,66S For tbe period~dJUIlI! 30, lOll ~ .. " R"' ..... Earne' $. t 14,273 SR,039 103,4% 2.m (Sl.842) 1%,439 &4,531 6&,202 1,155,091 58,292 179,844 260,531 83,803 9.848 36,ti46 62,628 6),503 447,066" 85,449 238,817 215,855 1:3,521 S 3.479.824 , Cartaf' Revenues Em,,' 111).36 102.484 97.162 2,512 (3.775) l77,870 79,121 63.633 1.330.m S4,44S 169,2.33 245,202 83.201 9.22' 34,810 5"8,24<1- 59,185 419,706 79,809 232,841 205,061 12,615 S 3£24,945 ""'" PruSt {l.o;s} , 3.037 (44,445) 6,334 280 (49,(l66) 12,569 5,~IO 4,56P (17S,OZ5) 3.847· 10,611 14,329 602 '" 1,836 4.384 4,3111 l7,36C S,&4{l 5,970 10,193 '" S (145.121) Ccnlract Totals Con_ Cost of Ccmtr:lct Revenues Reveoues "'," Nom, Eorn,d Born,d Profit 2643 , 343,833 , 251,9'78 , 8S,8SS 2667 381,38'4 297,462~ .• B9S~2 2671 278,006 161,403 116,603 2701 589,035 559,441 29,594 2746 129,983 62,502 ~7.48t 275\ T38,028 46,621 91,407 2764 154,213 51,266 102,947 Small Jobs 1,126,990 935,943 191,047 --- Totals oS 3,147,411 , 2,372,616 $" 774,856 ~ I See independent accountants' re'lew fel'ort and accompanying notes to these tortined f~an~i~ stafements, H & R PA VlNG, INC. SCHEDULE 2 -COMPLETED CON1RACTS Six Month, Ended JW1e 30, 201 1 Befon January 1, 2011 During the pcricd endo::d ]uhc: 3D, 2011 Contmct Cost or COlIlIact CosLof Revenues Revenues Oro" ......... , Revenue:! "''''' Born,d Born,d Profit "Earned Eorn.d ~ S 272,993 S 257,'978 • 15,1115 S 16,840 $ $ 70.840 lSI,137 262.:;82 18.555 106,247 34,880 71,367 86,321 80,451 5,870 t91,6&S 80,912 110,733 llS.891 108,242 7,649 473,144 451,199 21,945 129,983 fi2,.S02 67,481 138,028 46,62'1 91,407 154,213 51.26~ 102,947 1,126,990 935,943 191,047 S 756.3~2 S }O_9_.2_S~_ .~$ __ .fl.089 . ...nJ~1.1~O ___ Sl~663.36l • 721,767 H&RPAVlNG,lNC. AND ONE HUNDRED & lENTIl INVESTMENT CORP. SCHEDULE 3 -COMB1NED 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, 201I 10,752,073 Sub-total 13,899,545 Less: Revenues earned on uncompleted contracts before Janu3I)' 1,2011 (8,028,591) Sub-total 5,870,954 Asphalt sales 1,981,043 Combined Statement ofEamings·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 & Companv, CPII. H & RPAVlNG,lNC. AND ONE HUNDRED & TENTH rNvES1MENT CORP. SCHEDULE 4 -COMBlNED INDIRECT COSTS NOT ALLOCATED TO CONTRACTS Six Months Ended June 30, 2011 Cost Description: ,Fuel Insurance Mechanic sillaries Depreciation Automobile expense Field and related Radio and coinmunication Repairs and maintenance Totill 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 1I8,548 1I5,254 114,255 111,136 14,479 9,872 1,007,487 (982,947) $ 24,540 Benitez & Company, ePN. , H& RPAVING, INC. AND ONE HUNDRED & TENTII INVESTMENT CORP. SCHEDULE 5 -COMBINED GENERAL ANDAbMINISTRA TIVEE:xPENSES Six Months Ended June 30, 2011 Expense Description: Administrative salaries Professional fees Office expense Insurance Contributions Dues and sUbscriptions Miscellaneous Meals imd 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 7~,212 47,702 20,498 10,752 10,436 8,510 6,280· 5,854 3,497 3,102 3,099 $ 568,209 Rp..nitF.:7. f/ r:nmnanv. CPA's {This page intentionally left blank.} , -, Rp..nite7.. & Comnanv. CPA's ',. \ H&RPAVING,INC. AND ONE HUNDRED & TENTH INVESTMENT CORP. SCHEDULE 6 -COMBINING BALANCE SHEETS , \ ASSETS Current Assets: Contraots receivable .. net ate -2) C.",. .• -, ~ ..... t Inventol)' (Note -3) . . Costs and estimated eami gs in e:<:cess of billings on uncompleted otracts (Note -4) ,..,.,; . ...,-,"," 1 Loan to employees Total cu ent assets . Property and equipment,et (Note -6) Other Assets: -,"', '-"""'r"" ,",re, " Security deposit Total Otll rassels . Total ass·,1s See independent account,ts1 review report and accompanying notes to th'Te combined financial s\!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 $ 181,2 68 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 ----~~--------~-.---. H&RPAVING,INC. AND ONE ffilNDRED & TENTH INVESTMENT CORP. SCHEDULE 6 -COMBINING BALANCE SHEETS June 30, 201J H&R One Hundred & Tenth UABa_ MID ""'to"""" ">"'IT Current Liabilities: . . Accounts payable an~ a.c: rued expenses (Note -8) Proyision for anticipate".' ass on contract (Note -15) Billings in excess of cost and estimated ""''''' 00 --1-'-(N~,'J Totallia i1itie~ Contingent liabilities (Not -9) Stockholders' Equity: . I Addition"l paid-in-capi! . Retained earnings (Denc t) Corrunon stock (Note -1 'i Accumulated other comp hensive income Total st'tkholder's equity Totalliabilifles and SIOckll'.lders' equity . ,. ~ . ,. \ See independent accountjsl review report and accompanying notes to the:,e combined financial statements. . I Pavin~, Inc. Investment COfll. $ 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 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&RPAVING,INC. AND ONE HUNDRED & TENTIIlNVESTMENT CORP. . ,. i SCHEDULE 7 -COMBINlNG STATEMENTS OF EARNINGS (OPERA TlONS) Six Months Ended June 30, 2011 Contract revenues: Con'l:rapt revenues eamb Cost of revenues: Cost -of revenues earned ., I Gross profit before indirectlcosts Indirect costs not alloc"ied to contracls (Note -11) Gross profit on contracts General and administratiy,,]expeuses Income (Loss) from opera::lons Other income: Dividend intome Interest income Realized gain from sale ff . available-far-sale secur;tties Total other income Combined net income (IOf;h Other comprehensive incorp.e: Unrealized gain on avcilfable~for~sale seourities: Arising during the Y"" Reclassification to otl;.¥ income Total other comprehensive! 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 ...J2,.597 f,113,897 13,315 (5,253) 8,062 One Hundred & Tenth Investment Corp. $ 135 (135) $ (135) Ellmlnations $ $ Totat comprehensive incc~[le (loss) See independent accoun~ts1 review report and accompanying notes to thte combined financial statemenls. $. 1,121,959 $ (135) ..;$,===== Combined $ 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 H& RPAVlNG, INC. AND ONE HUNDRED & TENrn INVESTMENT CORP. SCHEDULE 8 -COlvlBlNlNG STATEMENTS OF STOCKHOLDERS' EQUITY Common slock (Note -10): Balance, beginning of~' "" Balance, end of period Additional paid-in-capital: Ba1ance, beginning of :'rar Balanoe, end of period Retained earnings: Balance, begirming of~1 'ar Combined net lDcome ( oss) Distribution to ,lockhol :lers . Balance, end of period . Accumulated other comp"'. ensive income Bal.nce, beginning ofy, Other comprehensive i. me (Note -7) Balance, end of period Stockholders' equity, end (), period . \. ~ See independent accountarjls' review report and accompanying notes to thok combined financial statements. Six Months Ended June 30, 20 [J . 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 .. (656,650) (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 , Ootlf 1'1-/k,t GROUP 2 -IYlIUJMG & RESURFACING OF ASPHALT CONcRm I' Z528 City of Homestead ;> 2656 City of Miami Beach • 270Z Miami-Dade County Public Works , ,.~ ~ & P. Ave-tJfviUI N~ 2-'1,;f11€'". ~ tilt[ 31 ¥e R.es1MF;(!.q...rr;. GROUP 3 -i~PHA1...T'.C\CONCRETEfREtATED • D22 115 Gonzalez & sons EqUipment Quality Paving GROUP 4· !muPING • CITY ROADS/PARKING LOTS . • 120090053 ~ ", ... ,. ,. __ ...... _---_ .. Contracl: OWner Phonef# , 1,556;43Z·Mafiri;€~b.(~rca\:;;~il,305-470-5347 -.. ,,,. '!.' ''It,t-'\'''1\~< ..•.. 225,000 '~!Iti~ti?:~~~r~[~,f;~~1;~!305-470-5347 477,183 ;~~i!t~~~!~i:r:ffi~f.;:305-25Q-6348 703,729 ; ,EiI!'i)I;,T~i:iil(l'I\5t~;;~{;;;: 305-Z56-6348 • _. ..... . <,~ "'-...... 1/3/2010 12/is/2010 $ 600j000 Omar Luna 8/7/2009 10/1/Z011 $ 2,557,000 carlos Da Cruz 7/15/2010 11/1/2011 $ 499,9:1,0 Joaquin Rabasa 41-'if/~!l/kl--f:I. $ Z._M.d.gl_~t:J.'f roME'1 305-224-4639 305-673-7497 305-299-9822 3a.r:4£t.~ 150,330 Vivian Gutierrez 152,701 , Norma Gonzalez "4~ 305-822-5455 305-261-2426 . 305-375-2392 .1 .~ -M' . '. 'lAM'" 'jDE·A···C· .. ·H -";' ,~_ .. :_.-":.::P-.. M -. ';; .. -" CIty of Miami Beech, 1700 ConventIon Center Drive, Miami Beach. FlorIda 33139, www.mlamil;Jeacllfl.gov PROCUREMENT DIVISION Tel: 30:;;-673·7490, Fax: 78&394·4624 Invitation to Bid (ITS) 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 o The Questionnaire Form has been revised. See Attachment A. o. . The pre-bid meeting sign-in sheet is attached. See Attachment ·B. o 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. Please provide the bid tabulation to the previous Invitations. to Bid. See Attachment C. Would a bidder meet the minimum requirements by subcontracting the work specified? Yes, bidder.; must list each subcontractor using the form provided in. Attachment D, In addition to listilig their experience, qualifications, licenses,' certificates and any other pertinent Information requested from the prime contractor inthis ITB. Musto bidder provide pricing'for all four categories provided? Bidder.; may 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? S~e contractors and/or general contractors may bid on this ITB. , Are alleyw",ys included in the scope for this 'project for milling and resurfacing? Yes.' . QS. Are there any aluminum canopies for this job? A. No. iTB 15-11/12 -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 11Bidder" is hereby defined to mean either the. business entity or the individual employed by the contractor ("Qualifiern ) 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 slgn"ln Sheet • Attachment C -ITB 30·08/09 Bid Tabulation • Attachment 0 --Subcontractor Listing, Form THIS IS A FORMAL ADDENDUM. THAT liAS TO BE ACKNOWLEDGED IN THE BID ADDENDA ACKNOWLEDGEMENT FORM. IF A BIDDER FAILS TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM AS PART OF IT5.8ID SUBMISSION, THE CITY RESERVES THE RIGHT TO REQUEST, AND THE BIDDER MUST COMPLYWITHIN TWO (Z) BUSINESS DAYS AFTER RECEIPT OF WRITTEN REQUEST FROM THE CITY. CITYOFMIAMI BEACH It Gus Lopez, CPPO Procurement Director , liB 15·11j12 -Addendum 1 J~l1uarv 25, 2012 , , ' ATTACHMENT A -REVISED qUESTIONNAIRE FORM For Concrel>! Curbing/Sidewalk Construction, Purchase of Asphaltic Concrete/Related Materials, and Striping of City Streets and Pa rklng Lots ITB # lS-11/12 CONTRACTOR'S/ BIDDER'S QUESTIONNAiRE NOTE: In/ormation supplied in response to this questionnaire is subject to verijic;ation. Inaccurate or Incomplete answers may be grounds/or disquolijicationfrom award a/this bid. Submitted to The Mayar and City Commission of the City of Miami Beach, Florida: By: Principal Office: How many years has you~ organization been in business under the current business name? ____ _ Does your organization have current occupational Hcenses entitling it to do the work/service contemplated In this Contract? ___ _ Please state Hcense(s) type and number: Indude copies ofabove licenses and' certificates with bid. Have you ever had a contract terminated due to failure to comply with contractual specifications? __ If so, where and why? __________________________ -'-_ In what other Hnes of business are you financially interested or etigaged? __________ _ ----------~----------------------~-----------, Give references as to experience, ability, and financial standing, ______________ _ lTB 15-11j12-Addenduin 1 January 25, 2012. Is the business entity a Miami-based Vendor? Ves [ ) 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 by a 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? Ves [ ) No ( ) Vendor Campaign Contribution[s): a. Vou 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 qr indirectly, of 10% or more of the outstanding capital stock in any corporation or a direct or indirEl:ct interest of 10% or more in a firm. The term Ilfirm" sha II 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 of 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 nali1e[s) and daters} of said contributions and to whom said contribution was made. , I HEREBY CERTIFY that the above answers are true and correct. __________________ (SEAl) ____________________ .(SEAl} ITB 1.5-11/12-Addendum1 January ZS, 2012 ATTACHMENT B -JANUARY 18. 2012 PRE·BID MEETING SIGN·IN SHEET , rIB 15~11/12-Addendum 1 January 25 .. 2012 [PAGE INTENTIONALLY LEFT.1jIJlNK] CD. MIAMU~EACH DATE: .Januarv 18, lOll 'ITS No.: ·15-11/12 Pre-Sid Qualification Meeting TITLE: FOR CONCRETE CURBING/SIDEWALK CONSTRUCTION, PURCHASE OF ASPHAlTl1; CONCRETE/RELATED MATERIALS, AND STRIPING OF CITY STREETS AND PARKING lOTS Name Company Phone / Email At-lG ~i/1HUE'::' • 1'86-367-610.9 _ 1:;m,ttf{iIl([lfR.1C: ::i)\rt~ ~y t;(/f/#:yik~ . M t IteIl-LV/l,\2E..3 e ~6,z,~ Mill Yep[. MI1\.M'/"a.c'l. Tr... c.~V :Ioe.. Grll","c...\ 0.. ~cl4ee-f'>,~o aos -'Sc(Z-9zQ. . .c:o",.,;;n. .. VJ 0IA . j~~<t~~ ~o.c:owi AdQ iJl /\I ·~s:~1'L AbC-3oS~ 4~'1- .. r&r,lJe. (l.s. 2GB" AFUST'ER.@A6£..i?"'l.i.u>· .. . , , , --. ---."---,._._ ... ,. , •... ..... -,_ ... -' ..... "----_._.---_._-....... _ ..... _ ... __ ........ . _ ...... ___ r_" ---------------_._-------------._-_ .. _.- i I I ! i I , ATTACHMENTC-ITB 30·DBID9 BIOTABUlATION 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 ,,,.Oelivered 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-""'phalt ITB 15-U/l'Z -Addendum"l JanualY 25, 201'2 $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 5UB·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 1S-11/12-Addendum 1 January 25, 2012 Work to be com leted % f W r to be eriormed , . (Attach additional forms if necessary) 1 ::~~~:~:r~:;~~~:f.~::::p:~rD~iv~ld:e~;m::D:rr:e::t~h:~.::n::tW~D::de~!'~Jm:~'I~s~.~n~th~e~u~n~J:t; p~ri,,::~.,:t:h::.~C~lty;::W;II:I, ~ro::U=n~d~~th~~e numberto the ne.afest hundredth, this is two decimal places to TOTAL BID AMOUNT includes th~ total cast forthe work spectfted In this bId, consisting offurnlshlng all materla15.labofl taxes to complete the work to the full intent-8i sl10wn or lindi.".,. 1,,,",. contract documents. The administrative evaluation process wlll aHocate a total of slxtv (GO) poInts based on the TOTAL BASE BID AMOUNT plus none, any, orall alternatives Which may be S"elected 8tthe Oly's sole discretion and based on funding ava1labllity. Bidders must fully complete the Scbedule of Prices Sid Form to Include unit pricing and totals. The cost of any ltem(s) of work not mVl!r~d bV <,'Specific contract unit price shilll be inthId~d In the contract unit which the ltem(s) is most applicable. - ARlTHMEllCAI. ERRORS, THE BIDDER AGREES THATTHESE ERROR.SARE 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 I ORDER TO ARRIVE AT1HETOTAL IN CASE OF DISCREPANCY' iN COMPunNG TO nilS UNIT PRICE FORM, DIVISIONS, UNE ITEMS, ADD Bldder'sAffirmatlon: CURBING/SIDEWALK CONSTRUOlON, LOTS THE OF ASI'HALTlC Writtentotal: ________________________________________ ---_ Company: ___________ "-___ ~ _____ c_---------------------- Add~": __________ ~ _______________________ ~ _______________________________________ _ Telephone: ________________________________________ _ Emall: __________________________________________ _ Si~ature: ____________________________________ _ Title/Printed Name: ________________________________ _ -, I~'~;~~,! ~,~:~.~~, CURBING/SIDEWAlK CONSTRUCTION ~ Contractor proposes to furnish all labor, materla~ equipment, supervision and transportatIon necessary 11 II on an as-needed basis, concrete curbing/sidewalk construction for the CIty of Miami Beach in accordance with the BId Spaciflcatlons. propose5 to ~~~!~~~~~~~~!~= I :~;:~.::~;: and Install on an as-needed basis, aspnaitlcconcrete/related materials forthe City of Miami a:~Ch In II provide Asphaltic Concrete in place, cont:orm1ng with ~he requirements for Type Sl ASphaltic Concrete Surface Course as speclfled In the 1986 Florida ofTrallSportatlon Standard Specifications for Rced and Brh;lge Construction, as needed, complete with Tack Coat, and pr~perly saw-cut at the follOWing 27 28 1111 II II & Roller Compactlon- 200,000 SF 200,000 SF ~!~~~~~~!!!!~~! MAlERIAl TO BE PICKED UP OR DELIVERED TO THE CITY ~Corrt:ractor proposes to fiJrnish an labor, matet1al, equipment, 11~{~~~~~~;:]tr~a~ns~p~o~rta~tlton~ne~c~e~SS[ja:~CY~'~O~d~e~li~ve~r~a~n~d install on an <IS-needed baSiS, Asphaltic/Related Matenalsfurthe City of Miami Beach In accordance wIth tne-Contractor will provIde Asphaltic Concrete In place, conforming with the requirements for Type Sl Asphaltic Concrete Surfar;;e Course as spedfied in Speclflcations for Road and Bridge Construction, as needed, complete with Tacit Coat, and properly saw-cut bid specifications. (Contractor to provide costs fortype I, II and III) Contractorwitl provide Type St, Type S2 and picked-up by City and Cold m~Kto be delivered, at the following unit prices In accordance with the bid specifications. " .. IGlIOI'P4 -STIII"IING OF (tTY STREETS & PARKJNG lOTS ~ Contractor will meet Dade Countyand Florida Department ofTransportation Speclfications at the following with the bid specifications. CorItractor proposes to furnish aUIabor6 material, equipment, supervision and transportation necessary to deliver baSiS, Striping of City Parldng Lots, and related materials for the City of Miami Beach In accordance with the Bid Specifications. Contractor I Parking Lots atthe following unit prie.es In accordance with the bid specificatiOns. 5S I i -, 1,000 SF