Loading...
HomeMy WebLinkAboutPre Legislation and back up documentsCrystal Report Viewer City of Miami Text File Report Page 1 of 1 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 07-01552 Type: Resolution Status: Passed Enactment #: R-08-0031 Enactment Date: 1/10/08 Version: 2 Introduced: 12/18/07 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("CRA"), FOR CAPITAL IMPROVEMENT PROJECT NO. B-50658, THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT; ACCEPTING THE CONTRIBUTION OF FUNDS BY THE CRA, IN THE AMOUNT NOT TO EXCEED $5,000,000. WHEREAS, the City of Miami ("City") wishes to facilitate the construction of a road improvement project within the City and the Omni Community Redevelopment Agency ("CRA") boundaries to address the existing flooding and roadway conditions along North Bayshore Drive from Northeast 17th Terrace to Northeast 19th Street and Northeast 18th Street from Northeast 4th Avenue to North Bayshore Drive, Miami, Florida; and WHEREAS, the CRA shares the City's interest in constructing the road improvement project and supports the City's efforts by providing funding in the amount not to exceed $5,000.000; and WHEREAS, the drainage improvements include raising the road profile elevation, constructing new drainage wells, sidewalk reconstruction, landscaping, signing and pavement markings; and WHEREAS, the attached Joint Participation Agreement ("JPA") has been negotiated with the CRA detailing the responsibilities of the parties, and WHEREAS, the CRA funding contribution is to be appropriated by a separate Resolution: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized I I ) to execute a JPA, in substantially the attached form. with the CRA, for Capital Improvement Project No. B-50658, the North Bayshore Drive Drainage Improvements Project, with the contribution of funds by the CRA. being accepted in the amount not to exceed $5,000,000, and appropriated under a separate Resolution. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. (1 http://egov.ci.miami.fl.us/LegistarWeb/temp/rep38EC.html 8/12/2010 File Number: 08-01316 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT 'A" ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. WHEREAS, the construction industry, and the businesses that rely on the construction industry have been severely adversely impacted by the nationwide economic crisis; and WHEREAS, the local labor force has lost a substantial number of construction related jobs and local business are failing at an increasing rate; and WHEREAS, City Commission finds it necessary and appropriate and in the best interest of the City of Miami to take immediate steps to help stimulate the economy; and WHEREAS, the City Commission desires to institute procedures to expedite certain capital construction projects and professional services, identified in Attachment "A," related thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 18, Article III of the Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:{1 } "CHAPTER 18 City of Muni Page 1 of 4 Printed On: 11/12/2008 City of Miami Legislation Ordinance File Number: 08-01316 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 18, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," MORE PARTICULARLY BY ENACTING A NEW SECTION 18-117, ENTITLED "ECONOMIC STIMULUS AWARDS AND AGREEMENTS;" ESTABLISHING MEASURES TO STIMULATE THE LOCAL ECONOMY; CREATING A PROCESS TO EXPEDITE THE AWARD OF PROFESSIONAL SERVICES AGREEMENTS AND CONSTRUCTION CONTRACTS FOR CERTAIN CAPITAL IMPROVEMENT PROJECTS IDENTIFIED BY THE CITY MANAGER IN ATTACHMENT 'A" ATTACHED AND INCORPORATED, AS ECONOMIC STIMULUS PROJECTS; PROVIDING FOR CITY COMMISSION MODIFICATION OF THE LIST OF SUCH PROJECTS; AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR, RECEIVE, REVIEW, REJECT, EVALUATE AND AWARD SUCH CONTRACTS; ESTABLISHING PROCEDURES AND LIMITATIONS FOR AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; CONTAINING A SEVERABILITY CLAUSE, PROVIDING FOR AN EFFECTIVE DATE AND A SUNSET PROVISION. WHEREAS, the construction industry, and the businesses that rely on the construction industry have been severely adversely impacted by the nationwide economic crisis; and WHEREAS, the local labor force has lost a substantial number of construction related jobs and local business are failing at an increasing rate; and WHEREAS, City Commission finds it necessary and appropriate and in the best interest of the City of Miami to take immediate steps to help stimulate the economy; and WHEREAS, the City Commission desires to institute procedures to expedite certain capital construction projects and professional services, identified in Attachment "A," related thereto; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 18, Article III of the Code of the City of Miami, Florida, as amended, entitled "Finance/City of Miami Procurement Ordinance," is amended in the following particulars:{1 } "CHAPTER 18 City of Muni Page 1 of 4 Printed On: 11/12/2008 File Number. 06-01316 FINANCE ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-117. Economic Stimulus Awards and Aareements (11) This ordinance, to be known as the Economic Stimulus Awards and Agreements, is intended to provide an expedited process to award contracts related to certain capital construction projects, identified in Attachment "A" or by City Commission Resolution, with the express purpose of stimulating the local economy. (2) The expedited process set forth herein, shall be applicable to the processing, design, and construction of capital improvement projects identified in Attachment A. The City Commission may, from time to time, by passage of resolutions, add or delete projects from the list of Economic Stimulus Proiects to which this Section applies. (3) All actions taken under this ordinance shall be subject to review by the Office of Strategic Planning, Budgeting, and Performance to ensure funding is available for each project. (4) Notwithstanding any other provision of the Code of the City of Miami ("City Code"), including, without limitation, the City of Miami Procurement Ordinance, to the contrary, the City Manager or his / her designee shall have the following authority only with respect to the identified Economic Stimulus Projects: (a) To appoint evaluation, selection and negotiation committees to obtain professional services as defined by and in accordance with � 287.055, Fla. Stat. ( "The Consultant's Competitive Negotiation Act or CCNA") as amended, eliminating the requirements of Section 18-542 (12) requiring that the maiority of evaluation committee be from the public, and provided that each such committee should contain, whenever possible , representation from the user department. (b) To issue bid and proposal documents including addenda thereto. (c) To receive open, review and evaluate bids and proposals. (5) The City Manager may award and execute contracts including professional services agreements and construction contracts in accordance with 4 255.20, Fla. Stat. , ("Local bids and contracts for public construction works las amended, without City Commission approval and issue the Notice to Proceed on each where: (a) The award value of the contract has been reviewed approved by the Office of Strategic Planning, Budgeting, and Performance; and (b) The value of the recommended award does not exceed the estimated cost of construction by more than ten (10) percent; and City of Miami Page 2 of 4 Printed On: 11/12/2008 File Number. 08-01316 (c) At least three bids are received from responsive and responsible bidders; and (d) The contractor or professional services firm receiving the award is in good standing with the City including but not limited to having no outstanding debts to the City and proves demonstrated acceptable past performance, and (e) The contractor has submitted required insurance, bonds, affidavits, and documentation required by the solicitation; and (f) None of the bidders or proposers have timely filed a bid protest (6) The city manager shall submit to the city commission, on a bi-monthly basis, a listing of any contracts including the names of the firms, the names of the projects, and the amount of compensation of any contracts the city manager has awarded under this section. (7) Excepting for the execution of contracts, the city manager may delegate his or her duties under this section to the director of the capital improvements programs, the chief procurement officer or the administrative head of the user agency. All contracts awarded under this section shall be in a form acceptable to the City Attorney. (8) Contract contingency allowances of ten (10) percent for Economic Stimulus Projects will be utilized to minimize disruptions in the flow of the work. Change orders will be submitted for City Commission approval if they increase the contract contingency as set forth herein. Such change orders will include a report on the draws against the initial contingency. (9) This Ordinance shall sunset upon completion of the approved list of proiects, as may be amended unless this Ordinance is earlier repealed by the City Commission. Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4, This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2) APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BR CITY ATTORNEY City of Miand A Page 3 of 4 Printed On: 11/12/2008 File Number., 08-01316 Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. (2)This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Mia'w Page 4 of 4 Printed On. 11/12/2008 4� Ck- (3) pr tZ Ca,,�j ECONOMIC STIMULUS Expedite Legislation Attachment "A" B-50680 Ademar and Davis Canal Dredging Project B-50658 North Ba shore Drive Drainage Improvements B-30514 North Ba shore Drive Operational Improvements B-30345 Calle Ocho Landscaping Project B-30222 Calle Ocho Improvements, Part I B-78509 Calle Ocho Improvements, Part 2 B-30247 Dinner Key Dredging and Mitigation B-33511 Dinner Key Mooring Field Project B-30325 Miamarina Emergency Pier Repairs B -40643A North Spring Garden Greenway Improvements B -30172A Roberto Clemente Park Recreation Building Renovation B-30229 Robert King High Park Soccer Field B-35868 Robert King High Park New Building Construction B-303058 Gibson Park New Construction B -30182A Demolition of Convention Center and Landscaping of Site 5-75991 Williams Park Improvements B-30628 Bird Ave Road Improvement B-30627 Coral Gate Wall B -60474A Dinner Key Marina Pier No, 3 Repairs King Heights Manor Rehabilitation 8-35883A� Hadley Park Youth Center & Field Improvements B-35887 Moore Park Master Pian and New Building Melreese Golf Training Center General Roadway and Construction Contracts Miscellaneous Architectural Services Miscellaneous Survey Services Miscellaneous Traffic Study Services Miscellaneous Civil Engineering Services ECONOMIC STIMULUS Expedite Legislation Attachment "A" 8-50680 l Ademar and Davis Canal Dredging Project 1 B-50658 h Sayshore Drive Drainage Improvements 8-30514 North hore Drive Operational Improvements B-30345 Calle Ocho ndscap!nq Project B-30222 Calle Ocho Im ents, Part I 8-78509 Calle Ocho ImDrov ts, Part 2 B-30247 Dinner Key Dredging and Wiftation B-33511 Dinner Key Mooring Field Pro"e B-30325 Miamarina Emer ency Pier Repairs B -40643A North Spring Garden Greenway Im rovem s B -30172A Roberto Clemente Park Recreation Building Re ation B-30229 Robert King High Park Soccer Field B-35868 Robert King High Park New Building Construction B-303058 Gibson Park New Construction B -30182A Demolition of Convention Center and Landscaping of Site B-75991 Williams Park Improvements B-30628 Bird Ave Road Improvement B-30627 Coral Gate Wall King He' hts Manor Rehabilitation t 8-35883A Youth Center & Field Improvements B-35887 �LadPark ark Master Plan and New Building e Golf Trainin Center w i IN, General Roadway and Construction Contracts Miscellaneous Architectural Services Miscellaneous SunLej Services Miscellaneous Traffic Study Services Miscellaneous Civil Engineering Services BID NO. 08-09-025 NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS CIP PROJECT NO.: B- 50658 Due Date: Friday, January 30, 2009 Due Time: 2:00 P.M. Mayor Manuel A. Diaz Commissioner Angel Gonzalez, District 1 Commissioner Marc Sarnoff, District 2 Commissioner Joe M. Sanchez, District 3 Commissioner Tomas P. Regalado, District 4 Commissioner Michelle Spence -Jones, District 5 City Manager, Pedro G. Hernandez, P.E. Issued By: City of Miami Department of Capital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, FL 33130 (Page 1 o 9) Section 4 -.BID FORM Submitted: Date City of Miami, Florida Office of the .City Clerk City Hall, 151 Floor 3500 Pan American Drive Miami, Florida 33133-5504 The undersigned, as Bidder, hereby declares that the only persons interested in this Bid as principal are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this Bid is made without connection with any other person, firm, or parties making a Bid; and that it is, in all respects, made fairly and in good faith without collusion or fraud. The Bidder further declares that it has examined the site of the Work and informed itself fully of all conditions pertaining to the place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto furnished before the opening of the bids, as acknowledged below; and that it has satisfied itself about the Work to be performed; and that it has submitted the required Bid Guaranty; and all other required information with the Bid; and that this Bid is submitted voluntarily and willingly. The Bidder agrees, if this Bid is accepted, to contract with the City, a political subdivision of the State of Florida, pursuant to the terms and conditions of the Contract Documents and to Z urnish all necessary materials, equipment, machinery, tools, apparatus; means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered. by the Contract Documents for the Project(s) entitled: Bid No: 08-09-025 Title: North Bayshore Drive Roadway Improvements, B- 50658 The Bidder also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if permitted by the City, each for not less than the total Bid price plus alternates, if any, and to furnish the required Certificate(s) of insurance. The undersigned further agrees that the Bid guaranty accompanying the Bid shall be forfeited if Bidder fails to execute said Contract, or fails to furnish the required Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of Insurance within fifteen (15) calendar days after being notified of the award of the Contract. In the event of arithmetical errors, the Bidder agrees that these errors are errors which may be corrected by the City. In the event of a discrepancy between the price Bid in figures and the price Bid in words, the price in words shall govern. Bidder agrees that any unit price listed in the Bid is to be multiplied by the stated quantity requirements in order to arrive at the total. 75 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 BID FORM: (Page 2 of 9) Note: Bidders are bidding on a Total Bid Price basis for the purpose of determining the lowest responsive and responsible Bidder. The Total Bid Price is the sum of the line item breakdown. Our TOTAL BID PRICE includes the total cost for the Work specified in this solicitation, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead & profit required, in accordance with the Bid Specifications. Total Bid Price: 06',Z Is,, -t- T-L�� - 39 . (67 -T�OAJAA14 AVU-"TkL�'4, 76 North Bayshore Drive Drainage Improvements Bid No.: 03-09-025 North Bayshore Drive Downtown Stortn Sewer Project, B-50658 Line No. Pay Item No. Pay Item Description Unit Quantity Unit Cost Cost 1101-1 Mobilization L.S. 1.00 67Ip 53 45,uliC) SU 2 102-1 Maintenance of Traffic L.S. 1.00 3 70uVU 3 104-10-2 Synthetic Bales EA. 40.00 C3 37y,c 4 104-11 Floating Turbidity Barrier (FTB) L.F. 40.00 1%3 % 5 104-13-1 Stacked Slit Fence, Type III L.F. 3,900.00 1 "D -S "�g,co 6 104-16 Rock Bag EA. 240.00 7-7.Cv (;Ci- 01G 7 1050-11-414 18" D.I.P. Culvert (Storm Sewer) L.F. 138.00 114--c-5 l' I,) , 8 110-1-1 Clearing and Grubbing L.S. 1.00 'Lt:wo_' o t9y j 9 120-1 Regular Excavation C.Y. 902.00 s , e4a cj c l Q ,gyp 10 120-6 Embankment C.Y. 2,154.00 (�,c 2-1 54-0,x� 11 145-2 Geosynthetic Reinforced Foundation over soft soil S.Y. 19,445.00 12 160-4 Type B Stabilization 12" (LBR 40) S.Y. 10,158.00 ,oma 40 CP3 LtDU 13 285-706 Optional Base, Base Group 06 (8" thick for roadway) S.Y. 8,987.00 .`3 a 15S 4-7c, '- 14 331-2 Type "S" Asphaltic Concrete 112" thick for Woman's Club) TON 1 11.44 -3 IS-, eo 311oe3,(oo 15 331-2 Type "S" Asphaltic Concrete (1-1/2" thick for Roadway) TON 757.33 ( la ,e4 Is-? $S•0. Z 16 331-2 Type "S" Asphaltic Concrete (Overbuild) TON 125.77 19-1 , ru 15,'2.119 I� 17 425-1-901 Special Inlet EA. 4.00 3 3' vuo ,Cts 132, W- 18 430-175-101 12" R.C.P. Culvert (Storm Sewer) L.F. 10.00 6 , w b.9t; Ltv 19 20 430-175-101 430-175-101 18" R.C.P. Culvert (Storm Sewer) 20" R.C.P. Culvert (Storm Sewer) L.F. L.F. 2,212.00 10.00 Cv -1b, r'V 1, 4.1(' '7leV mw 21 444-70-11 Well Open Hole (Deep) L.F. 160.00 (Z'7 , ct 23,Sa,�, 22 444-71-11 Well Casing (Deep) L.F. 240.00 Zi�{,Cp Si,36acG9 23 520-1-10 Concrete Curb and Gutter Type "F" L.F. 3,648.00 j �b<I ,6ti 2.4 520-2-4 Concrete Curb Type "D" L.F. 620.00 `LI , Cp 1 b2e,cn 25 520-3 Concrete 2' Valley Gutter L.F. 74.00 3 7. 7-135, 26 522-1 Concrete Sidewalk 4" thlckj S.Y. 2,615.00 ,Co g6 'Iss$ ca 27 522-2 Concrete Sidewalk (6" thick)(Driveways) S.Y. 1,022.00 go,ro 51 IbUk(P 28 526-1-1 Pavers, Architectural, Roadway S.Y. 292.00 1b., 3SZ,- 29 550-10-918 Fencing, Special Type,5.0', Reset Existing L.F. 130.51 '(� Cry S5 3 ,T 30 550-10-928 Fencing, SpecialType,6-0', Reset Existing L.F. 94.43 '3'2,to 309-f, to 31 570-1-2 Performance Turf, Sod S.Y. 2,2.98.00 3,25 '-7q(N S -u 32 580-1-2 Landscape complete- Large plants Trees required (12' Ht., 2" Cal.)= 94 EA) L.S. 1.00 �1 ir4 "I) Lk,� mlu" � 33 700-20-11 Single Sign Post (Various) EA. 1.00 2S$,(y 2- i C 3 34 706-3 Reflective Pavements Markers (Various) EA. 175.00 a, Co jq bD,Gp 35 710-90 Pavement Markings LS 1.00 1'! UW00 )'l,bW LCV 36 CS 35-86-10A Manholes Type "D-4" EA. 7.00 '?,1 00 . CD 37 CS 35-86-3AInlet Type "V' EA. 1.00 3 vo' {b 35 CS 35-86-4A Inlet Type "F-3" EA. 9.00 -C) 0-0 CD Z� ��y G3 c7-� l OV , e7 38 CS 35-86-4ALT Inlet Type "F-3" (Alternate Bottom) EA. 13.00 tp,SO 1 &D,CU 39 CS 36-86-39 Baffle EA. 9.00 z o'tt3 1,2-%u eco 40 CS -35-86-8 Manholes Type "A" EA. 5.00-3 t ooL (P 1 �,SCOi9 41 USP 3-13.0 Inlet Type "D-2" EA 1.00 EA ,ego 42 USP 3-13.0 Inlet Type "D-2" EA. 1.00 -ZaaD'w 2A-ODtiCU P-;- ADDENDUM 4 -North Bays hore Drive Drainage Project, 650658 P'S BID FORM: (Page 4 of 9) DIRECTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES, AND PARTS III AND IV. Part I: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, Dated 13 -aq- Addendum No. 2, Dated I —0L—�3 Addendum No. 3, Dated I — �Q —0-� Addendum No, 4, Dated c�d -- Q9 Part If: Part III; 4 (� D -AS's -o No addendum was received in connection with this Bid. Cerfificatlons �� Q -L4 - The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the following, and shall comply with all the stated requirements. 1. Affirmative Action Plan Successful bidder(s) shall establish an Affirmative Action Plan or an Affirmative Action Policy pursuant to Ordinance #10062 as amended. Effective date of implementation must be indicated on the policy: and 2. First Source Hirinq Bidder certifies that it has read and understood the provisions of City of Miami Ordinance Section 18-110, pertaining to the implementation of a "First Source Hiring Agreement". Evaluation of bidder's responsiveness to Ordinance Section 18-110 may be a consideration in the award of a contract. 3. Non -Collusion Bidder certifies that the only persons interested in this Bid are named herein; that no other person has any interest in this Bid or in the Contract to which this Bid pertains; that this Bid is made without connection or arrangement with any other person; and 4. Drua Free Workolace The undersigned Bidder hereby certifies that it will provide a drug-free workplace program by: (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Bidder's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; 78 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 BID FORM: (Page 5 of 9 (H)The Bidder's policy of maintaining a drug-free workplace; (iii )Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (3) Giving all employees engaged in performance of the Contract a copy of the statement required by subparagraph (1); (4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of employment on a covered Contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) calendar days after such conviction; (5) Notifying the City in writing within ten (10) calendar days after receiving notice under subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and (7) Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs(1) through (6); and Lobbying The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2)!f any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 79 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 BID FORM: (Page 6 of 9) (3)This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure; and * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per QMB). Debarment, Suspension and Other Responsibility Matters The Bidder certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective Bidder is unable to certify to any of the statements in this certification, such Bidder shall submit an explanation to the City of Miami. Part IV; Certification — Trench Safety Act The Bidder, by virtue of signing the Bid Form, affirms that the Bidder is aware of the Trench Safety Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder is also obligated to identify the anticipated method and cost of compliance with the applicable trench safety standards. Bidder acknowledges that included in the various items of the proposal and in the total Bid price are costs for complying with the Florida Trench Safety Act. These items are a breakout of the respective items involving trenching and will not be paid separately. They are not to be confused with bid items in the schedule of prices, nor be considered additional Work. 80 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 BID FORM: (Page 7 of 9) The Bidder further identifies the costs and methods summarized below Quantity Unit Description Unit Price Price Total $ —7 1 - , nded . Method Attached is a Bid Bond'pC], Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit j ], Treasurer's Check ( ], Bank Draft j 1, Cashier's Check [ ], Bid Bond Voucher j ] or Certified Check[ ] No. Bank of for the sum of :S `i, L ��� ���--'"� Dollars The Bidder shall acknowledge this Bid and certifies to the above stated in Part III and IV by signing and completing the spaces provided below. Firm's Name: C)ias�n C!Zn-t , ,�.���.� S r�C E- Signature Printed Nameritletic_�� �' `1r`c —i rt�� C City/State/Zip: Telephone No.: '- r Facs mile Nc.:__r_1 Z> �� O � E -Mail Address:'j,�,�,) t,:a ; �� C? Vic, , L��r , t�.,� i Social Security No. or FedAral I.D.No.: '=8 -osi�L--,QS Dun and Bradstreet No.: (if applicable) If a partnership, names and addresses of partners: s] North Bayshore Drive Drainage Improvements Bid No.: i BID FORM: (Page 8 of 9) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HERVBY CERTIFY that at a meeting of the Board of Directors of GI , a cor oration organized and existing under the laws of the State of t��L�, a��� , h11d on the I day of ---,r-/ a resolution was duly passed and adopted authorizing (Name Ve-'� as (Title) of the corporation to execute bids on behalf of the corporation and providing that his/her execution thereof, attested by the secretary of the corporation, shall be the official act and deed of the corporation. I further certify that said resolution remains in full force and effect. INWWITNESWHF, I have hereunto setmy hand this 13 , day of C r1.�r�� 20 C19. Secretary: Print: NlcCERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that at a meeting of the Board of Directors of , a partnership organized and existing under the laws of the State of held on the _day of. a resolution was duly passed and adopted authorizing (Name) as (Title) of the to execute bids on behalf of the partnership and provides that his/her execution thereof, attested by a partner, shall be the official act and deed of the partnership. I further certify that said partnership agreement remains in full force and effect. Partner. Print: IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2D CERTIFICATE OF AUTHORITY IF JOINT VENTURE) Joint ventures must submit a joint venture agreement indicating that the person signing this Bid is authorized to sign Bia documents on benalt ot tine joint venture. it triere is no point venture agreement each member of the joint venture must sign the Bid and submit the appropriate Certificate of Authority (corporate, partnership, or individual). CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) 1 HEREBY CERTIFY that, I (Name) (d/b/a) terms of the Bid to which this attestation is attached. , individually and doing business as (If Applicable) have executed and am bound by the IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Signed: Print: 82 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 BID FORM: (Page 9 of 9) NOTARIZATION STATE OF �Ca✓L,ry» ) SS: COUNTY OF ) The fQ regoing instrument was acknowledged before me this 3 day of P&�3pvv!� 20 of by f�I Lv— who is personally knoNm to me or who has produced as identification and who (did / did not) take an oath. SIGNATURE OF t 0 RY PUBLIC STAT E OF FLORfDAJ NICHOLAS J. APOSTOL Notary Public, State of Michigan PRINTED,MT.� #Rt v—NIaDM1VP-ED NA419)0�3"OVSkJ�ttMA5, 2012 Acting in the County of O,t , �L- s3 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 Section 5 -Attachments BID SAND FORM (Page 1 of 3) State of Florida ) County of Cade ) SS City of Miami ) KNOWN ALL PERSONS BY THESE PRESENTS, that Giannetti Contracting Corporation as Principal, Liberty Mutual Insurance Company as Surety, are held and firmly bound unto The City of Miami, in the penal sum of Five Percent of Accompanying Bid Dollars ($ 5% of Bid ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated January30 2p 09' for; North Bayshore Drive Roadway Improvements, CTP Project No. S. 60658 NOW THEREFORE; (a) If the principal shall not withdraw said Bid within one hundred twenty (120) days after date of opening the same, and shall within ten (10) days after the prescribed forms are presented to him•for signature, enter into a written contract with the City, in accordance with the bid as accepted, and give bond with good and sufficient Surety or Sureties, as may be required, for the faithful performance and proper fulfillment of such contract; or, (b) In the event if the withdrawal of said Bid within the period specified, or the failure to enter into such contract and give such bond within the time specified, if the principal shall pay the City the difference between the amount specified in said Bid and the amount for which the City may procure the required Work and supplies, if the latter amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Norah Eayshore Drive Drainage Improvements 84 Bid No,; 08-09-025 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 30th day of January A. D„ 20 09 . the name and corporate seal of each Party being hereto affixed and these presents duty signed by its undersigned representative, pursuant to authority of its governing body, WITNESS: (if Sole Ownership, Partnership, or Joint Venture, two (2) Witnesses are required. If Corporation, Secretary only will attest and affix seal. North 8ayshore Drive Drainage im rovo A 85 A m_r,ls PRINCIPAL: Giannetti Contracting Corporation (Name o f=irm) Affix Seal (Signature of authorizeV officer) (Title) / 6340 Sims Drive 1/ (Business Address) Sterling Heights, Michigan 48313 City State Zip Surety: Liberty Mutual Insurance Company (Corporate Surety) Affix A Massachusetts Corporatii{t/on� y Seal (Signature of Authorized Officer) Michelle Buechel, Attorney -In Fact (Trtf2) 5600 New King Street, Suite 360 (BUt;iness Add�� Troy, Michigan 48098 C-�,. State Zip Bid No,: 08-09-025 BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the Corporation nam d as Principal in the within bond; that %C—>J--4 C ,�'o I of said corporation; that I know his signature, and the signature hereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governin o r `v"`- dy. _(Corporate Seal) STATE OF FLORIDA) COUNTY OF BADE ) SS City OF MIAMI ) Before me, a Notary Public duly commissioned, and qualified, personally appeared to me well known, who being by me first duly sworn upon oath, says that heishe is the attorney-in-fact, for the and that he/she has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and sworn to before me this .�%% day of T -55, A. D., 2 0 D INSTRUCTIONS: Bid Bonds must be accompanied by Notary Public, Aate of ;fie at Large a Power of Attorney, in compliance with Instructions to Bidders North 8ayshore Drive Drainage Improvements - ar My Commission Expires: V. FAIRFIELD Notary Public, State of Michigan County of Macomb My Commission Expire nl 3, 20;12 Acting in the Counjr of LID Bid No.: 08-09-025 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 2200525 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent -herein stated. LIBER THAIL INSURANCE CO . TY MU MPANY. BOSTON., MASSACHUSETTS POWER OF ATTORNEY ai Power of Aftorney.and. affixed the corporateaeal of.Liberty. Mutual..Insurance Company thereto with .the authority and atthe direction of said corporation. - M O c*4> 1N TESTIMONY WHia•RROr eunto subscnbed.:my. name and affixed my notarlai seal at Plymouth: Meeting, Pennsylvania, :on the: day and:year. _ -da O. first above written.cc OAi4i�04 - L+. O� ' - - GohwoNwER.,Tti dF'P Ntai9VLVANtA M O £#r:..•. < isrePaste�a:'�ayPue'•; By� co Z U PlyMtlh'*t. Wim^ maty Gx1 O O. �a nryrcunio;cx>resh�ar Ter sa 1?astella, Notary Public. T- uYL qri MgmUar NunnsyltanlnAasoc a Ian at kotorfpe OT CERTIFICATEi— •—. I; the undersigned, Assistant. ecretaryof,16erty Mutual Insurance Company, tlo.hereby certify thatthe.oriomal power of attorney,of.which-the foregoing is a full, true and correct copy, is in full:foreq"and effect on-the..date of this -certificate; and d: do further certify I at:ihe. officer or official who.executed the said:power of,attorney.is an Assistant:Seocetary.specially authonzed•bythe-chairman pr the president to appoint attorneys -in -fact as -provided in Article Xlll, Sections of the By-laws of Liberty Mutual Insurance. Company.. ... - This,certificate and.the above power of.attorney. may be signed by facsimile or mechanically -repro iuced signatures,under.and by authority of the following vote.of the board.of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the.12th day of March,.19Bd. VOTED that the facsimile or mechanically reproduced .signature of any assistant secretary of .the company, .wherever appearing upon a certified; copy of any power of attorney issued by the company in connection with surety bonds, shall.be valid and:binding upon the company with the same force and effect as .though, manually affixed. IN TIMONY: WHEREa2')'hake hereunto subscribed my name and affixed the corporate seal of.the said company, this.;?12"-' day of t i � • BY David M: Carey, Assi . nt Secretary KNOW ALL-.P.ERSONS BY THESE PRESENTS:' That Liberty Mutual Insurance Company (the "Company"), ,a Massachusetts stock insurance company, pursuant to -and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and. appoint T R. GUY, PAUL M. HURLEY, C,•A..JOHNSON, LINDA.L,AUSTIN, ANNE..BARICK,.MARCARET M. KOHLOFF, ROBERT D..HEUER, MICHELLE BUECHEL. MICHAEL::D LECHNER, AELL:OFTHE:ICITY OF"f'ROY; STATE OF MICHIGAN .. .... . each:.individually if there be more than one.harned its true and.lawful attor. e m -fact to make, execute, seal, acknowledge -and deliver, for and on its behalf as surety and as its act and:deed, an-yy:and all unde'dakina bonds, re6-ognizances grid othef surety.obliggations m.the penal sum not exceeding ****** ' ONE HUNDRED FIFTY'MILLION:AND:007,°iDO*********"** :.DOLLARS:. $ 1 DOO,000.OD***" ( )'.each, and the execution of -such undertakings, bbnds, rebognizances`:Eind'..other surety obligations, .in'-;pprsuance;..of these presents;"shall.be as; binding upon the Company as if they had been duly signed by the. presideni;and attested by the: secretary or the CompanyJn their own.proper persons. Thatahis:poweris:made and Executed pursuantao and by authonty,ofthe..following By-law acid Author[zat�on ARTICLE XIII -Execution of Contracts: Section.5. Surety:Bonds,and Undertakihgs. _ Any officer of the Company -authorized for that purpose in -writing by the chairman: or the president, and subject -to. suchAimitations as the chairman'or, the. president may:prescribe, ::shall appoint such attorneys -in -fact, as.may be necessary to actin behalf of the.Com pany.to make,- , execute, seal, acknowledge.and deliver. as surety .any and all .undertakings, :.bonds, recognizances and other::surety obligations. Such 'a :. attomeys-in=fact;_ subject to the limitations set;forth in-theKrespective:mpowers .of attorney, shall.have full. power to bind.:the.Company by their . N ; signature and•execution:ofanysuch instruments and to attach thereto the seal of.the Company. When so executed such instruments shall�ba- - o as binding as if signod -by the. president and attested by thesecretary_ By the following instrument the. -chairman or the president has authorized the officer or other. official named therein to appoint attorneys in4act: Q . >_ Pursuant.to--Article Xlll .Section 5 of;the .By -Laws Garnet W `Elliott,.Assistant:Secretary of Mutual- Insurance Company, :is .hereby. �' a: authorized to appoint such'attorneys-in-fact as may be:necessary.to act in:behalf of::the Company. to .make, execute; seal,' acknowledge and ! �. a .CCU deliver as.surety any.and.all underakings,-bonds,'recognizances and other.surety.obiigations. C. 6- That the By-law and the Authorization set:forth above are true copies:thereof.and are -.now m full`.force and effect: ;. O _ IN WITNESS. -WHEREOF this Power of Attorn?y has been.subscribed by ah authorized or icer or official -of the CompUJI any and .the corporate seal of . d r Liberty Mutual Insurance Company, has:been affixed thereto in Plymouth Meeting Pennsylvania this' 14th ..day of Septembercu r c 3 2007 Q' 'c s o LIBERTY MUTL-INSURANCE COMPANY : UA �. O'i 0. O C: a; 41 By� Z�/a—r Garnet-W.:Elliott Assistant Secretary E. p.. ..: COMMONWEALI H:OF.PENNSYLVANIA O: COUNTY OF.MONTGOMERY. 4C.- �.. p = On this 14th'. day of September 2007 before me,:'a Notary. Public,.personally carne. Gainet 1N. Elliott tome known, and.acknowletlged .� a E— that: he is an Assistant Secretary of Liberty Mutual.Insurance Company,ahal: he knows 'the seal of said corporation; .and that he executed the above a ai Power of Aftorney.and. affixed the corporateaeal of.Liberty. Mutual..Insurance Company thereto with .the authority and atthe direction of said corporation. - M O c*4> 1N TESTIMONY WHia•RROr eunto subscnbed.:my. name and affixed my notarlai seal at Plymouth: Meeting, Pennsylvania, :on the: day and:year. _ -da O. first above written.cc OAi4i�04 - L+. O� ' - - GohwoNwER.,Tti dF'P Ntai9VLVANtA M O £#r:..•. < isrePaste�a:'�ayPue'•; By� co Z U PlyMtlh'*t. Wim^ maty Gx1 O O. �a nryrcunio;cx>resh�ar Ter sa 1?astella, Notary Public. T- uYL qri MgmUar NunnsyltanlnAasoc a Ian at kotorfpe OT CERTIFICATEi— •—. I; the undersigned, Assistant. ecretaryof,16erty Mutual Insurance Company, tlo.hereby certify thatthe.oriomal power of attorney,of.which-the foregoing is a full, true and correct copy, is in full:foreq"and effect on-the..date of this -certificate; and d: do further certify I at:ihe. officer or official who.executed the said:power of,attorney.is an Assistant:Seocetary.specially authonzed•bythe-chairman pr the president to appoint attorneys -in -fact as -provided in Article Xlll, Sections of the By-laws of Liberty Mutual Insurance. Company.. ... - This,certificate and.the above power of.attorney. may be signed by facsimile or mechanically -repro iuced signatures,under.and by authority of the following vote.of the board.of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the.12th day of March,.19Bd. VOTED that the facsimile or mechanically reproduced .signature of any assistant secretary of .the company, .wherever appearing upon a certified; copy of any power of attorney issued by the company in connection with surety bonds, shall.be valid and:binding upon the company with the same force and effect as .though, manually affixed. IN TIMONY: WHEREa2')'hake hereunto subscribed my name and affixed the corporate seal of.the said company, this.;?12"-' day of t i � • BY David M: Carey, Assi . nt Secretary SUPPLEMENT TO BID FORM: QUESTIONNAIRE This Completed Form Must Be Submitted With The Bid, The City May, At Its Sole Discretion, Require That The Bidder Submit Additional Information Not Included In The Submitted Form. Such Information Must Be Submitted Within Seven (l) Calendar Days Of The City's Request. Failure To Submit The Form Or Additional Information Upon Request By The City Shall Result In The Rejection Of The Bid As Non -Responsive. Additional Pages May Be Used Following The Same Format And Numbering. By submitting its Bid the Bidder certifies the truth and accuracy of all information contained herein. A. Business Information I. How many years has your company been in business under its current name and ownership? a. Professional Licenses/Certifications (include name and number)* Issuance Date <�G'_' (IS (SC� 'tee i (*include active certifications of small or disadvantage business & name of certifying entity) l Date company licensed by Dept, Of Professional Regulation: 0" I�}'`'3� % c. Qualified Business License: ; ( Yes El No If Yes, Date Issued: — c. What is yourprimary business? u"L�1^ C`Jv.)-. (This answer should be specific. For example; paving, drainage, schools, interior renovations, etc.) d. Name of Qualifier, license number, and relationship to company: 1� �j Ca,C�-..C�i,=cam cam?y✓ t"C('J.4 ( �� [�-��e� Y�C'C'1' e. Names of previous Qualifiers during the past five (5) years including, license numbers, relationship to company and years as qualifierforthe company 2. Name and Licenses of any prior companies Name of Company License No. Issuance Date 3. Type of Company: Corporation ❑"S" Corporation ❑LLC❑Sole Proprietorship❑Other: (Corporations will be required to provide a copy of their corporate resolution prior to executing a contract) i 87 North Bayshore Drive Drainage Improvements Bid No,: 08-09-025 i 4. Company Ownership a. identify all owners of the company Name Title % of ownership b . Is any owner identified above an owner in another company? $�] Yes ❑ No If yes, identify the name of the owner, other company names, and % ownership v c. identify all individuals authorized to sign for the company, indicating the level of their authdrity ( check applicable boxes and for other provide specific levels of authority) Name Title Signatory Authority All Cost No -Cost Other ❑ ❑ ❑ ❑ ❑ ❑ Explaination for Other: (Note: "All refers to any type of document including but not limited to contracts, amendment, change proposal requests (CPR), change orders (CO), notices, claims, disputes, etc. "Cost'. refers to CPRs, COs. No -cost refers to RFIs, Notices, and other similar documents) 5. Employee Information 'v Total No. of Employees: ' -- Number of Managerial/Admin. Employees:--- Number of Trades Personnel and total number per classification: (Apprentices must be listed separately for each classification) SCJ -7/ _. 6. Has any owner or employee of the company ever been convicted of a federal offense or moral turpitude: 1f yes, please explain: ry 0 88 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 7. Insurance & Bond Information a. insurance Carrier name & address: (_,U &-'"V b. Insurance Contact Name, telephone, & e-mail: C IL c. Insurance Experience Modification Rating (EMR): - q S (if no EMIR rating please explain why) d. Number of Insurance Claims paid out in last 5 years & value: 0 e. Bond Carrier name & address: (L\ Sr `'!�- i u,cl-- j C rc ;Z-� k c,\ f. Bond Carrier Contact Name, telephone, & e-mail: V--tt C L G e-1-\ a'- g. Number of Bond Claims paid out in last 5 years & value: 8. Have any claims lawsuits been file against your company in the past 5 years, If yes, identify all where your company has either settle or an adverse judgment has been issued against your company. Identify the year basis for the claim or judgment & settlement unless the value of the settlement is covered by a written confidentiality agreement. 9. To the best of your knowledge is your company or any officers of your company currently under investigation by any law enforcement agency or public entity. If yes, provide details: M,CD 10. Has your company been assessed liquidated damages or defaulted on a project in the past five (5) years? ❑ Yes )n No (If yes, provide an attachment that provides an explanation of the project and an explanation. 11. Has your company been cited for any OSHA violations in the past five (5) years. If yes, please provide an attachment including all details on each citation, 12. Provide an attachment listing all of the equipment, with a value of $5,000 or greater, owned by your company. 89 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 B. Project Management & Subcontract Details Project Manager for this Project: a. Name:��L.4�,ob- b. Years with Company: c Licenses/Certifications: d. Last 3 projects with the company including role, scope of work, & value of project: Su bcontractcrs: Name Trade % of Work License No. Certification* '-Cb —tor— (*active certifications of small or disadvantage business & name of certifying entity) 3. Scope of actual construction work to be performed by your company and the corresponding percentage of the work: (This does not include such items as insurance * bonds, dumpsters, trailers, and other similar non -construction work items) , �. Iry �.r t2 } 2,X �... CST I iiv1 � � 'i�%t� 1 >1 P r �'� I ��� ✓C',1�V'('y�� �1-D�� C. Current and Prior Experience: 1. Current Experience including projects currently under construction, recently awarded, or pending award (Provide an attachment to this questionnaire that lists all such projects, including the owner's name, title and value of project, scope of work, projected or actual start date, projected completion date, and number of company trades personnel assigned to the project) 2. Prior Projects of a similar size, scope and : Provide an attachment to this Questionnaire that includes projects the Proposer considers of a similar, size, scope and complexity that the City . should consider in determining the Bidders responsiveness and responsibility. This attachment must include the project that meets the minimum number of projects identified by the bid solicitation. Information provided must include the owner's name , address and contract person, including telephone & e-mail, title of project, location of project, scope, initial value and final cost of the project, projected and final timeframes for completion in calendar days and the number of company trades personnel, by classification, that were assigned to the project. The delivery method, 90 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 including, but not limited to; design -build, CN@Risk, Design -Bid -Build, etc. is to be identified for each Project. If there is a difference between the initial and final cost or initial and actual timeframe provide details on why the differences exist. A reference letter is to be completed by the owner of the Project and submitted as part of the Bid submission. D. Bidder's References Bidder's are to include a minimum of five (5) references from projects listed in C.2 above. The attached form is to be used and is to be included with the Bid submission, The City, at its sole discretion may allow the Bidder to submit the references after the specified date for Bid submission. 91 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 1) ill . ! Bidders may furnish the names, addresses, and telephone numbers of firms or government organizations for which the Contractor has provided services in addition to the minimum five (5) projects of a similar size, scope, and complexity. I, 1) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 2) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 3) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 4) Company Name Address Contact Person/Contract Amount Telephone No. /Fax No. 92 North Bayshore Drive Drainage Improvements Bid No.; 08-09-025 (Eftp of famf To Whom It May Concern Subject: Reference Letter Name of Bidder: PEDRO G. HERNANDEZ, P.E. City Manager The above referenced contractor is submitting on a bid solicitation that has been issued by the City of Miami. We require that the Bidder provide written references with their Bid submission and by providing you with this document the Contractor is requesting that you provide the following reference information. We would appreciate you providing the information requested below as well as any other information your feel is pertinent: Name of Project: Scope of work: _ Value of project: $ Date Completed: Was project completed on time & within budget:. ❑ Yes ❑ No If no, was the contractor at fault or contribute to the delay(s) or increased cost? ❑ Yes ❑ No If yes, please provide details: Comments: Thank you for your assistance in helping us in evaluating our bid solicitation. Name of individual completing this form: Date: Signature: Telephone: Sincerely, Gary Fabrikant Assistant Director Title: E-mail: 93 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 SUPPLEMENT TO BID FORM: OFFICE LOCATION AFFIDAVIT (Page 1 of 2) Please type or print clearly. This Affidavit must be completed in full, signed and notarized ONLY IF YOU MAINTAIN AN OFFICE WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI. Legal Name of Firm: Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship Corporation Corporation Document No: Date Established Occupational License No: Date of Issuance Office Location (Establishment of the bidder/Bidder): PRESENT � � ijC Street Address: City: State: How long at this location: W PREVIOUS Street Address: City: State How long at this location: According to Section 18-85 of the City of Miami Code, as amended: The "City Commission may offer to a responsible and responsive local bidder, who maintains an office in the City of Miami, the opportunity of accepting a Bid at the low bid amount, if the original bid amount submitted by the local bidder does not exceed 110 percent of the lowest other responsible and responsive bidder." The intention of this section is to benefit local bona fide bidders/Bidders to promote economic development within the corporate limits of the City of Miami. I (we) certify, under penalty of perjury, that the office location of our firm has not been established with the sole purpose of obtaining the advantage granted bona fide local bidders/Bidders by this section. 94 North Bayshore Drive Drainage Improvements Bid No.: 08-09-025 SUPPLEMENT TO BID FORM: OFFICE LOCATI AFFIDAVIT (Page 2 of 2) 1 v QZCD Authorize Signature Authorize Signature J Print Name Title Authorized Signature /Print Name Title Authorized Signature (Must be signed by the corporate secretary of a Corporation or one general partner of a partnership or the proprietor of a sole proprietorship or all partners of a joint venture.) NOTARIZATION STATE OF R�A, COUNTY OF DACE t"drzcs3r-& That: ,4 �i �`��`� �"��-�-�'' personally appeared before m�e and acknowledged the foregoing instrument a hi her act and deed. That(Qhe has producedas identification. NOTARY PUBLIC: My Commission Expires: Please submit with your Bid copies of Occupational License, professional andlor trade License to verify local status. The City of Miami also reserves the right to request a copy of the corporate charter, corporate income tax filing return and any other documents(s) to verify the location of the firm's office. V. FAIRFIELD Notary Public, State of Michigan Count of Macomb fly Cammisi��r. ~xpi;esr Aril 3, 201 Acting in tho """CX.� 95 North Sayshore Drive Drainage Improvements Bid No.: 03-09-025 REGULATION SEQ# LOB 1) 6180 D17:i ra. AC# -Z22 -3',DEWM Sl"J-:"(W�L iREC Jtfi;tl ON RLI& 5 SE -Q# L 08*0730.Q,.-I A IV.�I- vg� -i, 67 IN' M wilr A:.r;:. M fW 71 v" in ek, is •RA! 'CHUCK D. -j. g,: -wmg- TARY ��R,-.50 AC# 4. 13 :L'o R-1 5A CHUCK -D.R4:9P M.S C, SIM 3 RE�., SE LO.8 3 0 0.0 TZ7 .07 SKCRETla ww I , " �,7. 1. A V/.V ,INTERIM � ---Tlid B.U-.-. T­I�A-C-'j �iavf.Yzl- AC# -Z22 -3',DEWM Sl"J-:"(W�L iREC Jtfi;tl ON RLI& 5 SE -Q# L 08*0730.Q,.-I A IV.�I- 67 IN' wilr A:.r;:. M fW 71 v" in ek, is •RA! 'CHUCK D. -j. g,: -wmg- TARY ��R,-.50 AC# 4. 13 :L'o R-1 5A -,DE ON M.S C, SIM 3 RE�., SE LO.8 3 0 0.0 TZ7 .07 RNMMB o 7.. /3 n.n � ---Tlid B.U-.-. T­I�A-C-'j �iavf.Yzl- e e .0,9R.- ; Exniration* aate _UG .2 V, 'S G M, E T -T-E, Y -'5,0RT.,.,LZ.CtTl+ G' C.'O.APOR-ATIED T � -t3'3 POMP 0 BEACH FL 0 5 c HkRLIE. CRIST - n CHUCK DRAGO govEGOVERNOR-I 2 INTERIM SECRETARY PL.4/`UIPED BY LAW tjtej Section 6- Contract Execution Form THIS Contract b -3b2� (contract number) made this day of in the year 2009 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and Giannetti Contracting Corporation. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST GIETTf CO TRACTING CORPORATION Ri Gian atti, Pres ent Signature Sia ature Nick.- A(05,, z. Print Name, Title ATTEST: CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: (?, -- It " Priscilla Thompson, City APPROVED/A REQUIREMEI` LeAnn Brehm, Risk Managen SURANCE v epartment 1 c G -,A. -j N -p rn- j re S Print Name, Title of Authorized Officer or Official (Corporate Seal) City of kKq/nj a municipal corporation of the State of ida G. Hernandez, P.E., City Manager APPROVED AS TO LEGAL FORM AND C r)RRFC.TNF�S 105 CORPORATE RESOLUTION WHEREAS, G (AQNS, •z•7 C,)N MAc7;yu Inc. desires to enter into a contract with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the PAi;S'0G1•i'7- (type title of officer) Q L, i—' (D1ANN ie -r -r'7 is hereby authorized (type name of officer) -and instructed to enter into a contract, in the name and on behalf of this corporation, with the City, of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this CF"" day of AE'f.« 2009 70 Corpo at Secretary (Corporate Seal) 106 FORM OF PEPFORFAANCE BOND (Page iof 2) Bond No. 13022666 BY THIS BOND, We Gannett Contracting Corporation , as Principal, hereinafter called Contractor, and Liberty Mutual Insurance Company as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of One Million Two Hundred Fifty Seven Thousand Nine Hundred Thirty Five and 681100 Dollars ($ 1,257,935.68) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No: 08-09.026, awarded the day of , 20 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1_ Performs the Contract between Contractor and City for construction of North Bayshore Drive Drainage Improvements, B - 50658 , the Contract being mado a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3.Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; thon THIS BOND IS VOID, OTHERWISE IT REIv14INS 1N FULL FORCE AND EFFECT, 4. Whenever Contractor shall be, and declared by City to be, in default under the Contract, City having performed City obligations hereunder, the Surety may promptly remedy the default, or shall promptly, 4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or 107 FORM OF PERFORMANCE BOND (Pago 2 of 2) 4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract Documents, and upon determination by Surety of the lowost rosponsible Didder, or, if City elects, upon cietetrriination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of oornpletion arranged widti this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City narned herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this day of , 20 W17NESSES: Giannetti Contracting Corporation (Name of Corporation) Secret ry By: ri (Signature) (CORPORATE SEAL) IN THC rREESENCC OF: 108 (Print Name and Title) INSURANCE COMPANY. Liberty Mutual Insurance Company By: Ayeiit disci Alt' ley- n -Pact Michael D. Lechner Address: 6600 New King Street, Suite 360 (Street) Troy, MI 48098 (CityJState/Zip Code) Telephone No,: 248-641-0552 FORM OF PAYMENT BOND (r'age 1of 2) Bond No. 13022666 BY THIS BOND, We Giannetti Contracting Corporation , as Principal, hereinafter called Contractor, and Liberty Mutual Insurance Company a5 Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of One Million Two Hundred Fifty Seven Thousand Nine Hundred Thirty Five and 68/100 Dollars ($ 1,257,935.68 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No., awarded the day of 24 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identifletl, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND Is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract: and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and.who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to lack to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment, 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given, 2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and Time Limitations provisions prescribed in Section 255.05(2), or Section 95-11, Florida Statutes. 109 FORM OF PAYMENT BOND (Page 2 of 2) The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not afrect the Surety's obligation under this Bond. Signed and sealed this ATTEST: a �D (Secr tary) (Corporate Seal) IN THE PRESENCE OF: day of 20 Contractor Giannetti Contracting Corporation {Nam of Corporation) By: [2) (Signature) (Print Name and Title) day of , 20_. INSURANCE COMPANY: Liberty Mijtual Insurance Ckmp y By: -�-- ., Agent and A orney-in-Fact Michael D. Lechner 110 Address: 5600 New King Street, Suite 360 (Street) Troy, MI 48098 (City/State/Zip Code) Telephone No,: 248-541-0552 CERTIFICATE AS TO CORPORATE PRINCIPAL certify that I am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that 16Cic &APJNI�-r—jj , who signed the Bond(s) on behalf of the Principal, was then g•'ZESlr3- of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. �yAj Q -D (SEAL) fj Secretary (onb half of) Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared (-i c,4- G ,ANN1 - i i to me well known, who being by me first duly sworn upon oath says that he/she has been authorized to execute the foregoing Performance 'and Payment Bond (Performance Bond and Payment Bond) on behalf of Contractor named therein in favor of City. Subscribed and Sworn to before me this " L day of 20ji. , My commission expires: ' Notary Public, Sta of Florida at Large V. FAIRFIELD Notary Public, 6tate of MroMan County of Macomb My CommissionExpires April 3, 4012 Acting in tine Courfty of N 111 Bonded by 0 THIS:_RAINER; OF ATTO:RNEY'_tS,NOT.Vp This Powei of Attorney Itmits the acts.i e'extent:,hereirrstated' KNOW ALL PERSONS BY .THESE PRI company, pursuant to and by authority 6 tt T R GUY; PAULM HURL€Y,-C. ROBERT_TEUERf: MICHELt E_ OF TROY, NATE OF MfCHIGAN each mdwrdually if there before #hari.or 6etfaifas surettyy and=as its actand tleed ONE HUNDRED.-FIFTY.MILLION••ANC execution-ofsuch undertakings,: bontls,,-:rE Company as if they had been duly signed ti That this power is made and executedPurs I . E XII1.; lxecyUon. of Coni ity::Dfttieollow�ng.By_Iaw;and Au�honzation G: L - �= - � :: _ `��' _ Gainet 1N Elliott Assistarif Seefetary COMMONWEALTH OF y..COLNTY-QF:MQNTGOMERY - o e:.O.nahis` day,of ' _March 2009 before Jne a Notary Publ�ci personally came Garnet CN; Ell�oit, fo rxie kno4vr that_he is an.:Ass�stant; Secretary of Liberty Muival ]nsurance Company that he knows the seal of said corporation;_and chat he =asPower ofAttorney and.:affixed tiie:corporate seal of. Liberty_Mutual:an'surance Company thereto with the authcnty and at the=direction: a IN TESTIMONY WH �O*� F unto subscribed my nameand affixad my notarial soal at Plymouth Meting Penrasyfvanla; ..v first:above written .QY►r :- : • _ ._ -�`' - LOAAMONWEAETH:O�:R@NNSKL'VSNfA:':�:r_..;�;.._..,,...�:.-.-:..,.5-.�?:.:,:�_::."�..:r.i=.;:':-_._•� "�saasiP.l `P 6c -i y _ otaq' - iltil t - - ._.,_.._.._r.:=.:_:_:-:-:-. ..:-. '-'',_;��'^c:a::: --_'RiY�'Imiksi?n E;pue•7r_tazcb•2b e94LW�t3'r. - - - Membc PgniyryTrenisstirMNolarTes ?:.�::?._::--. - CERTIFICATEV` -' - - Ter sa PasIW.y Publrc r,igned;Assstan ecretaiy:oi:Liberty:Mutual Insurance Com ari`;alo-fiere6 cerci :fhaf'the•ori`inal bwer.of:att' y _ . _ 9rgQ .....,.9T P. pY- _ Y fY_ _g_ :.... p......_ ..... ,._orne of is afull true and correct copy is m full force }end -effect onahedate.bi his certifica�e anti? do=fuither cer+ifythattlie';officer or offici saitl._powerofi:attorney-_is an Assistant SEcretaryspeciafly authorized: by the chairman orthe presidenf toappoitli attorpey"s iri=fact: Xlll,;$ection 5:of the ey laws or Gbertylviutuaf insurance.- - _-__--__==__=_- _-- - _certifi�ate and the above power of_attorney may besigned by facsimile or mechanically reproduczd sig%iatuaes=under anc foilowing yote:of the board of directors of Liberty Mutual Insurance Companyat a meet�ag duly caked and;held on'the 12th day.:;of:;Nia VOTED thatafie facs'imUe or :mechanically reproduced signature of any assistant secretary:of the company, whereve _ certfied;copy. of any power of:attorney-issued bylhe company in connection: with surety bonds, shall be valid=and bmdigi --zwith`the same force and effect as ;hough';manualfyaffixed:;- I _ F TIMONY 1NHEREOF; laiave hereunto subscribed myname and affix ed.ttie:co,' orate seal of the said.com' an tfais heFe6y. _a:-. as -me _ article - if =the _ ion: a - ipany -