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HomeMy WebLinkAboutPre Legislation and back up documentsCity of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 09-01237 Type: Resolution Status: Passed Enactment #: R-09-0548 Enactment Date: 12/10/09 Version: 1 Introduced: 10/26/09 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE TO THE CONTRACT AWARDED TO NAC CONSTRUCTION, INC., FOR THE FIRE STATION NO. 11 IMPROVEMENTS PROJECT, B-60452 ("PROJECT"), IN AN AMOUNT NOT TO EXCEED $448,000, CONSISTING OF THE AMOUNT OF $286,292, FOR THE UNANTICIPATED NEED TO DEVELOP A SITE TO HOUSE TEMPORARY TRAILERS FOR FIREFIGHTERS TO UTILIZE DURING CONSTRUCTION AND THE COST FOR TEMPORARY SIGNALIZATION FOR THE TEMPORARY TRAILER SITE, AND THE AMOUNT OF $161,708, FOR OWNER -REQUESTED CHANGES AND UNFORESEEN CONDITIONS, SUCH AS AN ALERTING SYSTEM, A POWER SOURCE, AND A FLORIDA POWER AND LIGHT POLE RELOCATION, THEREBY INCREASING THE CONTRACT FROM $3,326,400, TO A TOTAL CONTRACT NOT TO EXCEED $3,774,400; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-60452; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, on September 11, 2008, the City Commission adopted Resolution No. 08-0501, approving the bid of NAC Construction, Inc., as the lowest responsive bidder, and executed an agreement pursuant to formal Invitation for Bids No. 07-08-015, issued on April 3, 2008, for the "Fire Station No. 11 Improvements Project, B-60452" ("Project"), in the amount of $3,024,000 for the scope of work, plus an additional $302,400 owner contingency, for a total award amount of $3,326,400, for the construction of a new two story 11,749 square foot fire station; and WHEREAS, temporary site development costs to house temporary trailers for the firemen during construction, in the amount of $202,142, and temporary signalization on Flagler and 59th Avenue, Miami, Florida, in the amount of $84,150, were not originally contemplated in the scope, and required the majority of the contingency funds; and WHEREAS, additional services change orders are now requested in the amount of $161,708, including owner -requested changes, such as $115,233 for an alerting system, $31,416 for new uninterrupted power source and two circuit panels requested by the Fire Department, and further unforeseen conditions, such as $15,059 for a Florida Power and Light ("FPL") pole relocation; and WHEREAS, the additional work was not part of the original contract; and WHEREAS, this Resolution increases the total contract by a not to exceed amount of $448,000, from $3,326,400, to a total contract of $3,774,400; and WHEREAS, project funds are available in B-60452; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. An increase to the contract awarded to NAC Construction, Inc., for the Project, in an amount not to exceed $448,000, consisting of the amount of $286,292, for the unanticipated need to develop a site to house temporary trailers for firefighters to utilize during construction and the cost for temporary signalization for the temporary trailer site, and the amount of $161,708, for owner -requested changes and unforeseen conditions, such as an alerting system, a power source, and an FPL relocation, thereby increasing the contract from $3,326,400, to a total contract not to exceed $3,774,400, with funds for said increase allocated from Capital Improvement Project No. B-60452. Section 3. The City Manager is authorized { I } to execute Amendment No. 1, in substantially the attached form, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {2} Crystal Report Viewer City of Miami Text File Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 08-00734 Type: Resolution Status: Passed Enactment #: R-08-0501 Enactment Date: 9/11/08 Version: 1 Introduced: 6/16/08 Controlling Body: Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 12, 2008, PURSUANT TO INVITATION FOR BIDS NO. 07-08-015, FROM NAC CONSTRUCTION INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "REPLACEMENT OF FIRE STATION NO. 11, B-60452," IN AN AMOUNT NOT TO EXCEED $3,024,000, FOR THE SCOPE OF WORK, PLUS $302,400, ADDITIONAL OWNER CONTINGENCY, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $3,326,400; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-60452; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. WHEREAS, seventeen (17) bids were received on May 12, 2008, for construction services for the project entitled "Replacement of Fire Station No. 11, B-60452," pursuant to formal Invitation for Bids No. 07-08-015, issued April 3, 2008 at 11:00 a.m; and WHEREAS, the Capital Improvements Program ("CIP") performed an initial review for the responsiveness of the three lowest submitted bids: 1. TC& F Builders, Corp., 2. American Building Engineers and 3. NAC Construction, Inc.; and WHEREAS, CIP determined that the two lowest bidders, T C& F Builders, Corp., and American Building Engineers did not meet the minimum bid requirements and were determined to be non-responsive; and WHEREAS, the third lowest bidder, NAC Construction Inc., was responsive to the minimum bid requirements and has successfully completed projects of similar size and scope for the Miami -Dade County Public Schools and Miami -Dade County; and WHEREAS, CIP therefore determined NAC Construction, Inc., was the lowest responsive and responsible bidder; and WHEREAS, the City Manager reviewed and approved CIP's findings; and WHEREAS, funds in the total not to exceed amount of $3,326,400, consisting of $3,024,000, for the scope of work, plus an additional $302,400, owner contingency, are available from Capital Improvements Project ("CIP") B-60452, entitled "Replacement of Fire Station No. 11, B-60452;" 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. http://egov.ci.miami.fl.us/LegistarWeb/temp/repFB3.html[10/15/2009 11:36:23 AM] Section 2. The bid received May 12, 2008, pursuant to Invitation for Bids No. 07-08-015, from NAC Construction Inc.. the lowest responsive and responsible bidder, for the project entitled 'Replacement of Fire Station No. 11, B-60452," for the scope of work, plus an additional $302,400, owner contingency, for a total not to exceed contract amount of $3,326,400, is accepted, with funds allocated from CIP Project B-60452. Section 3. The City Manager is authorized[]) to execute an Agreement, in substantially the attached fonm, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. 2 } http://egov.ci.miami.fl.us/LegistarWeb/temp/repFB3.html[10/15/2009 11:36:23 AM] AMENDMENT NOA TO CONSTRUCTION CONTRACT REPLACEMENT OF FIRE STATION NO. 11 B-60452 This Amendment No. 1 to the Contract dated October 24, 2008 (the "Contract") between the City of Miami, a municipal corporation of the State of Florida ("CITY"), and NAC Construction, Inc. ("CONTRACTOR") for the project entitled "Replacement of Fire Station No. 11, B-60452," ("PROJECT') is entered into this day of Aivuc�r 2010. RECITALS WHEREAS, the Contract was entered into pursuant to the approval of the City Commission by Resolution No. 08-0501 in the amount of $3,024,000, for the Scope of Work, included in the original Contract Documents for the PROJECT, WHEREAS, a ten percent owner's contingency was also awarded, for a total award value of $302,400; and WHEREAS, this Amendment No. 1 is now necessary, approved pursuant to R-09-0548, amending the award value by $448,000, which consist of a change order in the amount of 286,292 and owner requested changes in the amount of $161,708, which includes $115,233 for an alerting system, $31,416 for new uninterrupted power source and two circuit panels, and unforeseen conditions such as $15,059 for an FPL pole relocation; and, NOW THEREFORE, for the considerations hereinafter set forth: The Agreement dated October 24, 2008, is hereby amended as follows: ADDITIONAL WORK is hereby revised to include all labor, materials and equipment required to perform the additional work, consisting of change order items, including an alerting system, new uninterrupted power source and two circuit panels, relocation of an FPL pole, development of a site to house temporary trailers for the firemen to utilize during construction, and temporary signalization for the temporary trailer site. 2. AWARD VALUE is hereby increased by an amount not to exceed $448,000, thereby increasing the total award value to Three Million, Seven Hundred Seventy -Seven Thousand, Four Hundred Dollars and no cents ($3,774,400). All other terms and conditions of the Contract are in effect and remain unchanged. ITY OF MIAMI, ATTEST PrisciIla A. Thompson, C+iityCle' Pedro G. Hernandez/, City Manager ,:1 s --/u / I7 APPROVED AS TO LEGAL FORM AND APPROVED AS TO INS'URANCE CORRECTNESS REQUIREMENTS: f By: JUIll ATTEST: By: Corporate Secretary (Affix Corporate Seal) eeAnn Brehm, ` ,Isk Management Director CONTRACTOR NAC Construction, Inc. By: Nestor Castellon, President 2 CORPORATE RESOLUTION WHEREAS, NSC CaNSfrvG�i'D�, ,Inc. desires to enter into an amendment with the City of Miami for the purpose of performing the work described in the amendment 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 '6 DIRECTORS ("L (type title of officer) 4i -S7V2 CASA_'& v , is hereby authorized (type name of officer) and instructed to enter into an amendment, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed amendment to which this resolution is attached and to execute the corresponding amendment. DATED this day of A)fcPnz44-(— , 20 0'--7 Corporate Secretary I (Corporate Seal) ACORDTM CERTIF.-.ATE OF LIABILITY INSUE,_,\ICE DATE(MM/ Ol/08/2010010 PRODUCER 305.630.4777 FAX 305.279.3022 Gil Garden Avetrani Insurance Group 10689 N. Kendall Dr. Suite 208 Miami, FL 33176 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED NAC Construction, Inc. 9065 SW 87th Ave. Suite #112 Miami, FL 33176 INSURERA: Aspen Insurance UK Limited INSURERB: Phoenix Insurance Company 25623 INSURERc: American Guarantee & Liab. Ins INSURERD: The Ins Co of the State of PA INSURER E: fa4@1v1='7-ylI= THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YYYY POLICY EXPIRATION DATE MlDD1YYYY LIMITS 8th Floor Mi mi, FL 33130 GENERAL LIABILITY CR2057309 11/02/2009 11/02/2010 EACHOCCURRENCE $ 1 000 000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 100:000 CLAIMS MADE Q OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,000 A GENERALAGGREGATE $ 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO LOC JECT AUTOMOBILE LIABILITY BA7275MS94 09/26/2009 09/26/2010 COMBINED SINGLE LIMB X ANY AUTO (Ea accident) $ 1,000,000 BODILY INJURY $ ALLOW NED AUTOS SCHEDULEDAUTOS (Per person) B HIRED AUTOS BODILY INJURY $ NON-OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ ,. (Per accident) GARAGE LIABILITY U u v AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO 'l J AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY AUC5327456-05 09/23/200 10 EACH OCCURRENCE $ 5,000,000 OCCUR CLAIMS MADE I T[34 AGGREGATE 5, 000, 000 $ C $ DEDUCTIBLE $ X RETENTION $ WORKERS COMPENSATION WC006941736 01/14/2010 01/14/2011 1 ORY LIMI�I"S ER AND EMPLOYERS' LIABILITY ANY PROPRIETOPJPARTNER/EXECU nVE= E.L. EACH ACCIDENT $ 500,00 D OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 500,00 Des desoribe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Replacement of Fire Station #11, B-60452, ITB# 07-08-015. The City Of Miami is listed as Additional Insured. Waiver of Subrogation in favor of Additional Insured CFRTIFICATF HOI nFR CANCELLATION AGUKU 25 (ZUUVIUi) FAX: 305.416.2153 U 1V?51J-ZUUkP AUVKU GUKYUKAI IUN. AH rlgntS reserVea. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City Of Miami NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : Frank Gomez IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 444 SW 2nd Avenue REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JIJj�/ 8th Floor Mi mi, FL 33130 Frank Gil/VN AGUKU 25 (ZUUVIUi) FAX: 305.416.2153 U 1V?51J-ZUUkP AUVKU GUKYUKAI IUN. AH rlgntS reserVea. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) DATE (MWDDfM ct do 10/20/2009 A PRODUCER (305)630-4777 FAX (30S)279-3022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 'jl Garden Avetrani Insurance Group ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4689 N. Kendall Dr. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ate 208COMPANIES AFFORDING COVERAGE F .i . Miami, FL 33176 . COMPANY remans Fund fns. Co. Attn Maria Dewar Ext A INSURED COMPANY NAC Construction, Inc. B 9065 SW 87th Ave. Suite #112 COMPANY Miami, FL 33176 COMPANY THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDrnONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMID131YY) COVERED PROPERTY LIMITS LTR DATE (MMIDDNY) . PROPERTY ('10/101-Y2,008 X BUILDING $ 2,724,000 CAUSES OF LOSS PERSONAL PROPERTY S BASIC BUSINESS INCOME $ BROAD EXTRA EXPENSE A X SPECIAL BLANKET BUILDING EARTHOUAKE BLANKET PERS PROP $ FLOOD BLANKET BLDG & PP $ X Z-66 X Soft Costs 300,000 X W&H Ded. 5% i'AOP Ded. $ 5,006 INLAND MARINE $ TYPE OF POLICY $ CAUSES OF LOSS NAMEDPERILS OTHER CRIME TYPE OF POLICY $ • BOILER & MACHINERY $ OTHER 7M OF EcIAL. YUNDI I IVNDV I mcm " ' ' ; " 664 fkk6p-T tati, : - , - - - 2 A 5 ��;-�B- -5 .' ZT.-Bi.-'.-b-7- 0-8 City Of Miami is listed as Additional Insured, City Of Miami Attn: Frank Gomez 444 SW 2nd Avenue 8th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Frank Gil/JB P ]I /;=-*,Noo Lf THE HA R. FORD Attached to and forming part of Bond # 21BCSEQ8005 , Effective September 17th, 2008 on behalf of NAC Construction, Inc. in favor of City of Miami, Florida and in the amount of $3,024,000.00 It is understood and agreed that effective December 23rd, 2009. that The Penal Sung of the bond shall be changed from $3,024,000.00 to $3,774,400.00 D 0\` ';Cy`J ��U 61 V All other conditions and terms remain as originally written. Signed, Sealed, and Dated 6'h day of January , 2010 By: Charles J. Nielson, Attomey-in-Fact ' HARTFORD CASUALTY INSURANCE COMPANY, Form GENCNG (Rev. 02/04/03) POWER OF ATTORNEY Direct lnquiries/Cfalms to; THE HARTFORD BOND, T-4 P.Q. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call., 888-266-3488 orfax; 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut t_ J Twin City F=ire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited; Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover Of Miami, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seats to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ID ��9R9 Y,"._' \; +� iN'!' 'iii►ti A♦�t� • �v�•iitiro.'t/•ti 9`r�i•••H•t'•�' `�. -f,j ot. . Paul A. Bergenhoitz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this I" day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say; that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. *i� * Scon E. Pascka NotaryPublic CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoin3iFs a •true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of January 6'�, 2010. Signed and sealed at the City of Hartford. n r� r !area.,► rtir� a ta•p 7► � �. r veb �� 9 ,�;n♦►e�t ..., • a a 9a G i ,s Q I L$a7 E ♦ i } y Mbi jf • � «t,°+nirr,iv� +aslax� F:AE5970 Fs ��y Gary W. Stumper, Assistant Vice President Nlelson, After dr Associates C . Bond Department PUBLIC WORKS BOND In compliance with Florida statutes 255.05 (1) (a) Bond No. 21BCSEQ8005 BondAmount: 3"1,024,000.00 Contractor's Name: NAC Cotaructlon, Inc. Contractor'sAddress: 9065 SW 87Ave., Ste 112, Miami, FL ITfAf Contractor's Phone No. -TOS-4f2-2275 Surety Company: Hartford Casualty Insurance Company Surety's Address: Hartford Plaza, Hartford, CT 06115 Surety's Phone No. 860-547.4707 Owner's Name: City of Miami, Florida OwnenAddress• .3500 Pan American Dr., Miaml, FL 331.33-5504 Owner's Phone No. .305-416.1255 Obligee's Name: (if contracting entity cs different from the owner, the contracting public entity) Obliffee's A ddrew Obligee's Phone No, Contract No. (if applicable): Bid No. M-07-015 Project Name: Replacement of Fire Station No. 11, 8-60452 Project Locatlon: 5920 W Ffagler Street, Miami, Miami Dade County, Florida .3.31 44 Legal Description: Unavailable Descrlptlon of Work: General Construction FRONT PAGE ALL OTHER BOND PACE(S) ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDIESS OFANY PA GE NUMBERS) THAT MAYBE PREPRINTED THEREON File Number: 08-01316 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 Miami Page I of 4 Printed On: 11/12/2008 City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Ordinance File Number: 08-01316 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 Miami Page I of 4 Printed On: 11/12/2008 File Number." 08-01316 FINANCE ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-117. Economic Stimulus Awards and Agreements. (1) 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 Proiects 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 Proiects: (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 $ 255.20, Fla. Stat. , ("Local bids and contracts for public construction works" )as 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 Printed On: 11/11/1008 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 proiects, 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 Proiects 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 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 Miami Page 4 of 4 Printed On: 11/12/2008 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 Pro'ect 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 Kin High Park New Building Construction B -30305B 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 B -60474A Dinner Key Marina Pier No. 3 Repairs King He! hts Manor Rehabilitation w _ B -35883A Hadley Park Youth Center & Field Improvements B-35887 Moore Park Master Plan and New Building Melreese Golf Trainin Center W WINDOW General Roadway and Construction Contracts Miscellaneous Architectural Services Miscellaneous Survey Services Miscellaneous Traffic Study Services Miscellaneous Civil Engineering Services -;---� =>•= •mow -- - - - ECONOMIC STIMULUS Expedite Legislation Aft nhmpnt "A" r�8-30514 Ademar and Davis Canal Dredging Project Ba pore Drive Drainage Improvements North hore Drive Operational improvements Calie Ocho ndsca in Project B-30222 Calle Ocho Imp ents, Part I B-78509 Calle Ocho Im rove , Part 2 B-30247 Dinner Ke aced in and ' ' ation B-33511 Dinner Key Mooring Field Pro"e B-30325 Miamarina Emergency Pier Repairs B -40643A North Spring Garden Greenway Improvem 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 -30305E Gibson Park New Construction 8-30182A Demolition of Convention Center and Landscaping of Site B-75991 Williams Paris Improvements B-30628 Bird Ave Road Improvement B-30627 Coral Gate Wall lKing Heights Manor Rehabilitation B -35883A Hadley Park Youth Center & Field Improvements B-35887 Moore Park Master Plan and New Building Melreese Golf Trainin Center �y so MIN M1_ IM General Roadway and Construction Contracts Miscellaneous Architectural Services Miscellaneous Survey Services Miscellaneous Traffic Study Services Miscellaneous Civil Engineering Services BID NO. 07-08-015 REPLACEMENT OF FIRE STATION NO. 11 CIP PROJECT NO. B-60452 Due Date: Monday, May 5, 2008 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 of 8) Section 4 - BID FORM Submitted: May 12, 2008 Date City of Miami, Florida Office of the City Clerk City Hall, 1" 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 furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the Work covered by the Contract Documents for the Project entitled: Bid No: 07-08-015 Title: REPLACEMENT OF FIRE STATION NO. 11, B- 60452 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 falls 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 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 shalt. 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. 79 Replacement of Fire Station No. 11 Bid No.: 08-07-015 BID FORM: (Page 2 of 8) Note: Bidders are bidding on a lump sum basis for the purpose of determining the lowest responsive and responsible bidder. Our LUMP SUM BID 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. 80 Replacement of Fire Station No.1 t Bid No,: 06-07-015 BID FORM: (Page 3 of 8) DIRECTIONS: COMPLETE PART 1 OR PART II, WHICHEVER APPLIES, AND PARTS III AND IV. Part 1: Listed below are the dates of issue for each Addendum received in connection with this Bid: Addendum No. 1, DatedApril Zi9008 Aricien No. 5, Dated May 5. 2008 Addendum No, 2, Dated April 18, 2008 Addendum No. 6, Dated May 5, 2008 Addendum No, 3, Dated April Addendum No. 4, Dated May 2, 2008 Part II: 6 No addendum was received In connection with this Bid. Part III; Certifications 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 Hiring 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. 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. Drug Free Workplace 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: (1) The dangers of drug abuse in the workplace; BID FORM: (Page 4 of 8 @)The Bidder's policy of maintaining a drug-free workplace; 81 Replacement of Fire Station No, 11 Bid No.: 06-07-015 (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: (t) 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 5. LobWdna 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)if 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. BID FORM: (Page 5 of 6) (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. 82 Replacement of Fire Station No. 11 Bid No.: 06-07-015 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, Tale 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, "Ail" in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over $100,000 (per OMB). 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 'I.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 N; 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. 83 Replacement of Fire Station No. 11 Bid No.: 06-07-015 BID FORM: (Page 6 of S) The Bidder further identifies the costs and methods summarized below: Quantity Unit Description Unit - Price Extended . _ l�ppp S D� 5 oIDO Total $ Method Attached is a Bid Bond [)q, Cash [ ], Money Order [ ], Unconditional/Irrevocable Letter of Credit [ ], 'treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], Bid Bond Voucher [ ] or Certified Check [ J No. Bank of for the sum of Dollars ($ j. 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: / NAC Construction, Inc. Signature: Printed Namerfitle: Nestor Castellon, President City/State/Zip: Miami, FI. 33176 Telephone No.: (305) 412-2275 Facsimile No.: ln0s141 - 7s E -Mail Address: Nectnrr:astPllnn cl�i narnnnst_cnm Social Security No. or Federal Dun and i,D.No.: 65-0956816 Bradstreet No.: 12-239-7214 (if applicable) If a partnership, names and addresses of partners: N/A 84 Replacement of Fire Station No. 11 Bid No.: 06-07-015 BM FORM: (Page 7 of 8) CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that at a meeting of the Board of Directors of NAC Construction Inc , a corporation organized and existing under the laws of the State of Einrida , held on the g,day of Adel 2008, a resolution was duly passed and adopted authorizing (Name) Nminr A_ Castalinn as (Title) President/owner 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. IN :NITNESS REOF, I have hereunto set my hand this 8m , day of May , 20 08 Secretary: Print: CERTIFICATE 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 an the —1y 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. 1 further certify that said partnership agreement remains in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand this , day of , 20 Partner: Print: CERTIFICATE OF AUTHORITY IF JOINT VENTURE) Joint ventures must submit a- joint venture agreement indicating that the gerson sNning this Bid is auinonied to sign Eliccu encs" n Wall ejoint venture. IT Inere is no joint 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) I HEREBY CERTIFY that, I (Name) , individually and doing business as (d/bla) (If Applicable) have executed and am bound by the terms of the Bid to which this attestation is attached. IN WITNESS WHEREOF, i have hereunto set my hand this , day of , 20 Signed: Print: 85 Replacement of Fire Station No. 11 Bid No.: 06-07-015 BID FORM: (Page 8 of 8) NOTARIZATION STATE OF Florida ) Miami -Dade ) SS: COUNTY OF 1 The foregoing instrument was acknowledged before me this 12th day of Mfjg , 20_x, by NAC Constniction. Inc. , who is personally known to . me or who has produced Personally Known as identification and who (did / did not) take an oath. IG RE OF NOTARY PUBLIC STA F FLORIDA ��,aQ`.•._tiDIRFe• ._ b_i Judy McFarlane PRINTED, STAMPED OR TYPED NAME OF NOTARY PUBLIC 86 Replacement of Fire Station No. 11 Sid No.: 06-07-015 Section S- Attachments / BID BOND FORM (Page 1 of 3) State of Florida ) County of Dade ) SS City of Miami ) NAC KNOWN ALL PERSONS BY THESE PRESENTS, that Construction, Inc. as Principal, Hartford Casualty Insurance Company as Surety, are held and firmly bound unto The City of Miami, in the penal sum of Five Percent of Amount Bid Dollars ($ 57 ) 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 May 12 .2t? 08, for: Replacement of Fire Station No. 11, CISP Project No. B- 60452 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 vold and of no effect, otherwise to remain in full farce and virtue, 87 Replacement of Fire Station No. 11 Bld No.: 06-07-015 BID BOND FORM (Page 2 of 3) IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals, this 8th day of May , A. D., 2008 , the name and corporate seal of each party being hereto affixed and these presents duly 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.) as per attached Power of Attorney Surety Secretary PRINCIPAL: NAC Constructs Inc. { of Firm) Affix Seal (Signature of authorized officer) Nestor A. Castellon, President (Title) 9065 SW 87 Ave., Ste 112 (Business Address) Miami, FL 33176 City State Zip Hartford Casua K Insurance -Company (Corporate Surety) Affix Seal 01 cgna re o ut oriz Officer) Charles J. Nielson, Attorney—in—Fact (Title) 8000 Governors Square Blvd. — Ste 101 (Business Address) Miami Lakes, FL 33016 City State Zip 88 Replacement of Fire Station No. 11 Bid No.: 06-07-015 BID BOND FORM (Page 3 of 3) CERTIFICATE AS TO CORPORATE PRINCIPAL i, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that 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 governing body. (Corporate Seal) STATE OF FLORIDA) COUNTY OF DADE ) SS City OF MIAMI ) Before me, a Notary Public duly commissioned, and qualified, personally appeared Charles J. Nielson to me well known, who being by me first duly 'aOTforypeansua?pth, says that he/she is the attomey--in-fact, for the Tnt; rranrP Cnmpan; and that he/she has been authorized by them to execute the foregoing bond on behalf of the Contractor named therein in favor of The City of Miami, Florida. Subscribed and swom to before me this 8th day of _ESL A. D., 2008 . INSTRUCTIONS: Bid Bonds must be accompanied by Notarrublic, State of Florida at Large a Power of Attomey, In compliance with Instructions to Bidders My Commission Expires: K%ry c Ao .. COmssion DD344297 or N Expmi irgs Aupwt 05, 20DO 89 Replacement of Fire Station No. 11 Bid No.: 06-07-015 Direct Inquirles/Clalms to: HARTFORD POWER OF ATTORNEY P.Q. BOX THE ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-220752 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut O Hartford underwriters insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company Of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited. Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover Of Miami, FL their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign Its name as surety(les) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ��•tm,wy ttiYi t� = iNt� O l.rrw'eMe R fit� Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 1" day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he Is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seats affixed to the said instrument are such Corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ,dam -r' •' 0 • Scott E.Pasdca Notary Public CE1917FICATE My Commission Expires October 31, 2012 t, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of May e, 2006. Signed and sealed at the City of Hartford. t, 1097 09 7yl ti0a t► a r""ty t yyvety��L ��✓ •`Mtr�.N%w'p�yfi7I� ftt4 I9ltl.� f � Gary W. Stumper, Assistant Vice President SUPPLEMENT TO BID FORM: QUESTIONNAIRE THIS COMPLETED FORM MUST BE SUBMITTED WITH THE BID, THE CITY MAY, AT ITS SOLE DISCRETION, REQUIRED THAT THE BIDDER SUBMIT ADDITIONAL INFORMATION NOT INCLUDED IN THE SUBMITTED FORM SUCH INFORMATION MUST BE SUBMITTED WITHIN SEVEN (7) 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. The undersigned authorized representative of the Bidder certifies the truth and accuracy of all statements and the answers contained herein. 1. How many years has your organization been in business while possessing one of the licenses, certifications, or registrations? License/Certification/Registration Name and Number # Years General Contractor CGC-05892 8.5 Occupational License 438591-0 8.5 Qualified Business License QB0014106 8.5 1A. What is your primary business? General Contractor 2. What is the last project of this nature that you have completed? (in excess of $1,000,000.00) Kinloch Park Elementary — Design Build Brentwood Elementary 3. Have you ever failed to complete any work awarded to you? If so, where and why? No, all work awarded has been completed. 4. Give owner names, addresses and telephone numbers, and Surety and project names, for all projects for which you have performed work, where your Surety has intervened to assist in completion of the project, whether or not a claim was made. N/A 90 Replacement of Fire Station No. 11 Bid No.: 08-07-015 5. Give names, addresses and telephone numbers of three individuals, corporations, agencies, or institutions for which you have performed work: Alfredo Riverol, City of Pinecrest 12645 Pinecrest Parkway (305) 234-2121 (name) (address) (phone #) _Ana Rico, MDCPS 1450 NE 2nd Avenue #318 (305) 995-4733 (name) _ (address) (phone #) Norbert Madison MDCPS 1450 NE 2nd AYenue #318 (305)995-2547 (name) (address) (phone #) 6. List the following Information concerning all contracts In progress as of the date of submission of this bid. (In case of co -venture, list the information for all co -venturers.) TOTAL DATE OF % OF NAME OF OWNER & CONTRACT COMPLETION COMPLETION PROJECT PHQNE # VALUE PER CONTRACT TO DATE 1. Pinecrest Community Center & Library (305) 234-2121 $7,017,050 05/31/08 99% 2. Pinecrest Recreation Field (305) 234-2121 $695,000 05/31/08 99% (Continue list on insert sheet, if necessary.) 7. Has a representative of the Bidder completely inspected the proposed project and does the Bidder have a complete plan for its performance? ® Yes ❑ No 8. Will you subcontract any part of this Work? If so, provide the following details for each subcontractor(s) that will perform work under the contract amount. (Attach additional sheets if necessary) Subcontractor Approx. Small Business Description of Work Name Percentage Status The foregoing list of Subcontractor(s) may not be amended after award of the Contract without the prior written approval of the Project Manager, whose approval shall not be unreasonably withheld. 9. What equipment do you own that is available for the Work? 91 Replacement of Fire Station No. 11 Bid No.: 06-07-015 NIA 10. What equipment will you purchase for the proposed Work? NIA 11. What equipment will you rent for the proposed Work? Backhoe, tamper, crane, etc. 12. State the name of your proposed project manager and superintendent and give details of his or her qualifications and experience in managing similar work. Nestor Castellon — Project Manager, President and qualifier of NAC. Over 25 years experience in Construction industry. OSHA certified, managed various government agency projects. Guillermo Hernandez — Site Superintendent. Over 16 years experience. OSHA certified, managed various government agency projects. 13. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). 13.1 The correct name of the Bidder is NAC Construction, Inc. 13.2 The business Is a (Sole Proprietorship) (Partnership) (Corporation). Corporation 13.3 The address of principal place of business is 92 Replacement of Fire Station No. 11 Bid No.: 06-07-015 9065 SW 87'h Ave. Suite 112 Miami, FI. 33176 13.4 The names of the corporate officers, or partners, or individuals doing business under a trade name, are as follows: Nestor Castellon, President/Secretary Carmen Castellon, Treasurer 13.5 List all organizations which were predecessors to Bidder or in which the principals or officers of the Bidder were principals or officers. N/A 13.6. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description the disposition of each such petition. N/A 13.7. List and describe all successful Performance or Payment Bond claims made to your surety(les) during the last five (5) years. The list and descriptions should Include claims against the bond of the Bidder and Its predecessor organization(s). NIA 13.8 List all claims, arbitrations, mediations, civil actions, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names; case, arbitration or hearing identification numbers; the name of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of the claim. N/A 93 Replacement of Fire Station No. 11 Bid No.: 06-07-015 13.9. List and describe all criminal proceedings or hearings concerning business related offenses in which the Bidder, Its principals or officers or predecessor organization(s) were defendants. N/A 13.10. Has the Bidder, its principals, officers or predecessor organization(s) been debarred or suspended from bidding by any government during the last five (5) years? If yes, provide details. N/A 13.11. Under what conditions does the Bidder request Change Orders? :.$ M •R- .- • .- - e 13.12. What is the nature and amount of the three largest change orders submitted by the bidder within the past five years, and their disposition? 1. Owner Request $330,000 Add new Terrazzo flooring to contract. 2. Unforseen Conditions $160,000 Additional water main extension 3. Owner Request $55,000 Additional Playground equipment 94 Replacement of Fire Station No. 11 Bid No.: 06-07-015 SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 1 of 2) Contractors shall furnish the names, addresses, and telephone numbers of a minimum of five (5) firms or government organizations for which the Contractor has provided services for projects of similar size, scope and complexity over a five (5) year period. 1) Company Name Village of Pinecrest 12645 Pinecrest Parkway. Pinecrest, FI. 33156 Address Contact Person/Contract Amount Alfredo Riverol Telephone No. /Fax No. (305) 234-2121 / (305) 234-2131 Miami -Dade County Public Schools 2) Company Name Address 1450 NE 2nd Avenue Room 318 Miami, FI. 33132 Armando Uballs Contact Person/Contract Amount (305) 995-4858 / (305) 995-4599 Telephone No. lFax No. 3) Company Name Florida International University North Campus 3000 NE 151 Street Miami, Fl. Address Contact Person/Contract Amount Jerry Stewart Telephone No. /Fax No. (305) 919-5574 / (305) 919-5578 Miami -Dade Parks & Recreation 4) Company Name Address 275 NW 2nd Street 4TH Floor Miami, FI. Contact Person/Contract Amount Richard Johns Telephone No. /Fax No. (305) 755-7836 / (305)755-7995 95 Replacement of Fire Station No. 11 Bid No.: 06-07-015 SUPPLEMENT TO BID FORM: CUSTOMER REFERENCE LISTING (Page 2 of 2) 5) Company Name Miami -Dade County Public Schools Address 1450 NE 2nd Avenue Room 318 Miami, FI. 33132 Ana Rico Contact Person/Contract Amount Telephone No. /Fax No. (305) 995-4733 / (305) 995-4719 6) Company Name Miami -Dade County Public Schools 7) 8) Address 1450 NE 2nd Avenue RQQm 318 Miami. FI. 33132 Contact Person/Contract Amount Efrain Garcia Telephone No. /Fax No. (305) 995-4586 / (305) 995-4750 Company Name . Miami -Dade County Public Schools Address 1450 NE 2nd Avenue Room 318 Miami, Fl. 33132 Victor Alonso Contact Person/Contract Amount Telephone No. /Fax No. (305) 995-4502 / (305) 995-4678 Company Name Address Miami -Dade County Public Schools 1450 NE 2nd Avenue Room 318 Miami, F1.33132 Contact Person/Contract Amount . Norbert Madison Telephone No, /Fax No. (305) 995-2547 / (305) 995-4599 96 Replacement of Fire Station No. 11 Bid No.: 06-07-015 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. NAC Construction, Inc. Legal Name of Firm: Entity Type: (Check One) ❑ Partnership ❑ Sole Proprietorship [� Corporation September 9, 1999 Corporation Document No: Date Established 438591-0 September 1999 Occupational License No: Date of Issuance Ldcation {Establishment of the FIE -d PRESENT Street Address: 9065 SW 87`h Ave Suite 112 Miami, Fl. 33176 1.5 years City: State: How long at this location: PREVIOUS Street Address: 9065 SW 87`h Ave Suite 103-B Miami, FI. 33176 5 years 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. 97 Replacement of Fire Station No. 11 Bid No.: 06-07-015 S PPLEMEN BID FORM: OFFICE LO N AFFIDAVIT (Page 2 of 2) -/-7/ 1/� Authori a Signature Authorized Signature Nestor Castellon Print Name President (Corporate Sema Title Authorized Signature Nestor Castellon Print Name Secretary 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 FLORIDA, COUNTY OF DADE That: Nestor Castellon personally appeared before me and acknowledged the foregoing instrument as his/her act and deed. That he/she has produced Personally known NOTARY PUBLIC; My Commission Expires Please submit with your Bid copies of Occupational License, professional andlt9W+tW 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. 98 Replacement of Fire Station No. 11 Bid No.: 06-07-015 Local, Small, Disadvantaged and MinoritylWomen Business Enterprise Participation Project No.: B-60452 Tttle: Replacement of Fire Station No. 11 Bidder/Contractor: NAC Construction. Inc_ _ As previously stated in the Contract Documents, the City encourages the participation of local, small and minority owned businesses. Based on this ongoing effort the City requires that with the submission of the Bid, first payment requisition, and at the request of City representative, the Contractor shall submit this report entitled. Failure to submit the report may daisy the issuance of payment to the Contractor. Contractor shall submit an updated report when a subcontractor has been added or changed. The following certified local, small, disadvantaged, minority or women owned firms have been awarded subcontracts for this Prolect. The lecend Is to be used in oomDletina the appropriate columns. Name of Firm (Bidder and Subcontractors) Business Designation (check all that apply) certifying Agency (Agencies) Value of Work Assignedi Percentage of Total Work or BC - Broward Count DBE — Disadvantaged Business Enterprise List all Awarded Contract Local — Local Finn within CRY of Miami city limits MD - Miami Dade Count s Acab/e MDPS — Miami Dade Public Schools None — no special designation Other — please Identify ❑ BBE ❑ CSBE or SBE ❑ DBE ❑HSE ❑ Local ❑ MBE ❑ WBE ❑ None ❑ SSE ❑ CSBE or SBE ❑ DBE ❑HBE ❑ Local ❑ MBE ❑ WBE ❑ None ❑ BBE ❑ CSBE or SBE ❑ DBE ❑HBE ❑ Local ❑ MBE ❑ WBE ❑ None ❑ BBE ❑ CSBE or SBE ❑ DBE ❑HBE ❑ Local ❑ MBE ❑ WBE ❑ None ❑ BBE D CSBE or SBE ❑ DBE ❑HBE ❑ Local ❑ MBE ❑ WBE ❑ None ❑ BBE ❑ CSBE or SBE ❑ DBE QHBE FE Local ❑ MBE ❑ WBE ❑ None LEGEND NOTE. COPIES OF CERTIFICATIONS MUST BE ATTACHED. LOCAL FiRMS SHALL ATTACH THE LOCAL OFFICE AFFIDAVIT 99 Replacement of Fire Station No. 11 Bid No.: 06-07-015 Certirvina Enfitias BBE — Black- African-American owned Business Enterprise CM - CRY of Miami CSBE — Community Small Business BC - Broward Count DBE — Disadvantaged Business Enterprise FDOT — Florida Department of Transportation HBE — Hispanic Owned Business Enterprise FG — Federal Government Local — Local Finn within CRY of Miami city limits MD - Miami Dade Count MBE — Minority Business En se MDPS — Miami Dade Public Schools None — no special designation Other — please Identify SSE — Small Business Enterpirlse WBE — Woman -Owned Business Enterprise NOTE. COPIES OF CERTIFICATIONS MUST BE ATTACHED. LOCAL FiRMS SHALL ATTACH THE LOCAL OFFICE AFFIDAVIT 99 Replacement of Fire Station No. 11 Bid No.: 06-07-015 Section 6- Contract Execution Form THIS Contract(XAu3 (contract number) made this ka day of C -o t'- in the year 2008 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and NAC Constriction Inc., hereinafter called the "CONTRACTOR" IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WITNESS/ATTEST (NAC CONSTRUC ION, INC.) Signa ure i s Signature 17 Q42aMC,eV C457'ACcd/y /►SEs G4STF-ewAj /2, -es% wt Print Name/Witness Print Name/ Title of Authorized Officer o Official ATTEST: CONTRACTOR Secretary (Affirm CONTRACTOR Seal, if available) ATTEST: Priscilla Th mpson, APPROVED AS T ll� REQUIREMENT . LeAnn E J Risk Ma SURANCE actor Department (Corporate Seal) CITY VIF PHAMI, a municipal corporation of the State o orida Pedro G. Hernandez, P.E., City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: Julio O. E3ru, City Attorney Replacement of Fire Station No. 11 101 Bid No.: 06-07-015 Nielson, Alter Bt Associates Bond Department PUBLIC WORKS BOND in comprance with Florida statutes 255.05 (1) (a) Bond No. 21BCSEQ8005 BondAmount. $.3,024,000.00 Contractor's Name: NAC Construction, Inc. Contractor'sAddressr 9065 SW 87 Ave., Ste 112, Miami, FL 3.3176 Contractor's Phone No. JOS-4f2-2275 Surety Company.• Hartford Casualty Insurance Company Surety's Address: Hartford Aim, Hartford, CT 06115 Surety's Phone No. 860-547-4707 Owner's Name: City of Miami, Florida Owner'sAddress. .3500 Pan American Dr., M/aml, FL JSIJS-5504 Owner's Phone No. JOS-416-12SS Obligee's Name. (if contrambs entity v different from the owner, the contracting public entity) ObllgeeIs Address. Obligee's Phone No. Contract No. (if applicable): MAO. 06-07-015 Project Name: Replacement of Fire Station No. 11, B-60452 Project Location: SP20 W Flagler Street, Miami, Miami -Dade County, Florida .33144 Legal Description: MavaUable Descrlption of Work. General Construction FRONT PAGE ALL OTHER BOND PAGE(S) ARE DEEMED SUBSEQUENT TO THIS PAGE REGARDLESS OFANY PAGE NUMBERS) THAT MAY BE PREPRINTED THEREON Bond No. 21BCSEQ8005 FORM OF PERFORMANCE BOND (Page 1 of 2) BY THIS BOND, We NAC Construction, Inc. as Principal, Hartford Casualty Insurance hereinafter called Contractor, and Company , as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Three Million Twenty -Four Thousand & N0/100-- Dollars ($ 3, 024,000) 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: 06-07-016, awarded the 11th day of September , 20 08 , 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 Repalcement of Fire Station No. 11, B-60452 , the Contract being made a part of this Bond by reference, at the times and in the manner prescribed in the Contract; and 2. Pays City all losses, liquidated damages, expenses, costs ,and attorney's fees including appellate proceedings, that City sustains as a result of default by Contractor under the Contract; and 3.Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND EFFECT. 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 FORM OF PERFORMANCE BOND (Page 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 lowest responsible Bidder, or, if City elects, upon determination by City and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and City, and make available as Work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by City to Contractor under the Contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than City named herein. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 17th day of September -,20 08 WITNESSES: NAC Construction, Inc. (Name o Corporation) Secretary By: _ Carmen Castellon ( ignature) (CORPORATE SEAL) Nestor A. Castellon, President (Print Name and Title) IN THE PRESENCE OF: INSURANCE COMPANY: Hartford ualty Insurance Company By: Agen Attorn 4y-in-Flac t Charles J. Nielson �-� Address: 8000 Governors Square Blvd., Ste 101 (Street) Miami Lakes, FL 33016 (City/State/Zip Code) Telephone No.: 305-722-2663 Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax, 860-757-5835 .:NOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 Hartford Fire Insurance Company, a corporatipn duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Q Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover of Miami, FL their We and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. .�,�ane rti. a �0�?• 'Z �t`yr-.'•'e v t ... tis e • 47:� • � �,.�°0nnrn•J�� • ••ryiM► t�:..y297o�ri ta79 f I0Y1 • Jr.` , J`r�•'� ��xi • 'Iy ILI NotS r1•IU\' `• ... ox - Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 12t day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. •� • Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September I Ith, 2008. Signed and sealed at the City of Hartford. t i ♦�*,.'t'�.: fir`, �� W'►�'� �'J'" —'r•' �, M � •} lit;? t^i • ¢r1��ti • ?�� � 1 �` `Ar '4 '�'�rvlr,rr J` • •qrN�► 5�, `tp70 �. 11977 e ; 744i •'� a�jr ���' • �'a '�c 1 of �4VW' �1y Gary W. Stumper, Assistant Vice President Bond No. 21BCSEQ8005 FORM OF PAYMENT BOND (Page 1 of 2) BY THIS BOND, We NAC Construction, Inc. as Principal, hereinafter called Contractor, and Comanyrd Casualty Insurance as Surety, are bound to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of Three Million Twenty -Four Thousand fi N0/100-- Dollars ($3,024,000. ) 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 11th day of September , 2008 , with City which Contract Documents are by reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays City all losses, liquidated damages, expenses, costs and attorney's fees including appellate proceedings, that City sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish to Contractor a notice that he intends to look to the bond for protection. 2.2. A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 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. 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 affect the Surety's obligation under this Bond. Signed and sealed this 17th day of September , 2008 ATT (Secretary) Carmen Castellon (Corporate Seal) IN THE PRESENCE OF: Contractor NAC Construction, Inc. (Name o orporation) By: (Si ure) Nestor A. Castellon, President (Print Name and Title) 11thday of Se-ptember , 20 08 . INSURANCE COMPANY: Hart or Casualty Insurane Company By: gent -and Attorney -in -Fact Charles J. Nielson Address: 8000 Governors Square B1vd.,.Ste 101 (Street) Miami Lakes, FL 33016 (City/State/Zip Code) Telephone No 305-722-2663 This bond is given to complywith section 255.05 Florida Statutes, and any action instited by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions fn Section 25.5.05(2), Florida Statutes. CERTIFICATE AS TO CORPORATE PRINCIPAL I, Carmen Castellon 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 Nestor A. Castellon , who signed the Bond(s) on behalf of the Principal, was then President of said corporation; that I know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed,,se ed a st on behalf of said corporation by authority of its governing body. (SEAL) Secretary (on beha f of) Carmen Castellon NAC Construction, Inc. Corporation STATE OF FLORIDA ) ) SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared Charles J. Nielson 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 11th day of September 20—QL_. My commission expires: August 5, 2012 Notary ublic, State of Florida at Large Mary C. Aceves Bonded by RLI Indemnity Company aov'u Notary Public State of Florida Mary C Aceves My Commission DD808462 Expires 08/05/2012 Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 .:NOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229762 0 Hartford Fire insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Q Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover of Miami, FL their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by & and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. tyx*,itis l Es. r r e ;`tgr•nauri �t ►O� it L _ �dta.ni. �• ;. a �.. ; i�s7 .� is • �; • ap g: • =.i ! hwyw► •t %1970 �F Nt 197Q:. NZ Paul A. Bergenholtz, Assistant Secretary M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 1t day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. SE.r ` �� • Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 11th, 2008. Signed and sealed at the City of Hartford. t1s to t1 ' ;`Wnrll�r, s f10� UN e�q L 1r410v 'b� i F �.� 41"0• ' 'yrinntn•% • hqp� 'E i ta�0� j�7q f� ' t9T1 '► r ♦ �p�•s� � `!�•• ►�� ! ��4 �rtgOlt rIMUt' It`�• Gary W. Stumper, Assistant Vice President PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 1 of 2) Date of Issue Issuing Bank's No. Beneficiary: Applicant City of Miami Amount: 444 SW 2nd Avenue in United States Funds Miami, Florida 33130 Expiry: (Date) We hereby authorize you to draw on at (branch address) of and for the account of Bid/Contract Number (Bank, Issuer name) by order (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of available by your drafts at sight, accompanied by: 1. A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part of (contractor, applicant, customer) agreed upon by and between the City of Miami, Florida and (contractor, applicant, customer), pursuant to Bid/Contract No. for (name of project) and Section 255.05, Florida Statutes. Drafts must be drawn and negotiated not later than Replacement of Fire Station No. 11 Page 107 (expiration date) Bid No.: 06-07-012 PERFORMANCE AND PAYMENT GUARANTY FORM UNCONDITIONAL/IRREVOCABLE LETTER OF CREDIT: (Page 2 of 2) Drafts must bear the clause: "Drawn under Letter of Credit No. (Number), of (Bank name) dated This Letter of Credit shall be renewed for successive periods of one (1) year each unless we provide the City of Miami with written notice of our intent to terminate the credit herein extended, which notice must be provided at least thirty (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notification to the City that this Letter of Credit will expire prior to performance of the Contractor's obligations will be deemed a default. This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking shall not in any way be modified, or amplified by reference to any documents, instrument, or agreement referred'to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be duly honored upon presentation to the drawee. Obligations under this Letter of Credit shall be released one (1) year after the Final Completion of the Project by the (contractor, applicant, customer) This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law, of another state or country and Florida law should arise, Florida law shall prevail. Replacement of Fire Station No. 11 Page 108 Authorized Signature Bid No.: 06-07-012