HomeMy WebLinkAboutBusiness Enterprise ParticipationLocal, Small, Disadvantaged and Minority/Women
Business Enterprise Participation
Project No.: B-30680 Title: Rockerman Canal Improvements
Bidder/Contractor: Pac Comm, 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 delay 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
Proiect. The legend is to be used in completing the appropriate columns.
Name of Firm (Bidder and
Subcontractors)
Business Designation
(check all that apply)
Certifying
Agency
(Agencies)
List all applicable
Value of
Work
Assigned/A
warded
Percentage
of Total
Work or
Contract
Pac Comm, Inc.
❑ BBE
❑ CSBE or SBE
IE DBE
❑HBE
State of Florida
$319,000.
92%
❑ Local
❑ MBE
❑ WBE
0 None
William T. Fowler
❑ BBE
❑CSBE or SBE
❑ DBE
['KBE
$23,000.
7%
❑Local
0 MBE
0 WBE
None
Archeological and
Historical
Conservancy, Inc.
0 BBE
0 CSBE or SBE
IDDBE
❑HBE
$ 5,000.
1%
❑ Local
❑ MBE
IDWBE
® None
❑ BBE
❑ CSBE or SBE
❑ DBE
❑HBE
$
❑ Local
0 MBE
0 WBE
0 None
❑ BBE
❑ CSBE or SBE
❑ DBE
❑HBE
$
❑ Local
❑ MBE
0 WBE
0 None
❑ BBE
❑ CSBE or SBE
❑ DBE
❑HBE
$
❑ Local
0 MBE
0 WBE
0 None
LEGEND
Types of Firm
Certifying Entities
BBE — Black- (African -American) owned Business Enterprise
CM - City of Miami
CSBE — Community Small Business
BC - Broward County
DBE — Disadvantaged Business Enterprise
FDOT — Florida Department of Transportation
HBE — Hispanic Owned Business Enterprise
FG — Federal Government
Local — Local Firm (within City of Miami city limits)
MD - Miami Dade County
MBE — Minority Business Enterprise
MDPS — Miami Dade Public Schools
None — no special designation
Other — please identify
SBE — Small Business Enterprise
WBE — Woman -Owned Business Enterprise
NOTE: COPIES OF CERTIFICATIONS MUST BE ATTACHED. LOCAL FIRMS SHALL ATTACH THE LOCAL
OFFICE AFFIDAVIT
101
Rockerman Canal Improvements B-30680
Bid No: 12-13-017
SECTION 6 — CONTRACT EXECUTION FORM
THIS Contract # 13-87, made this day of in the year 2013 in the amount of
$356,400 by and between THE CITY OF MIAMI, FLORIDA, hereinafter called the "CITY," and PAC
COMM, INC., hereinafter called the "Contractor".
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
WITNESS/ATTEST PAC COMM, Inc.
Emmanuel Pacin
Signature Signature
Print Name, Title Print Name, Title of Authorized Officer or Official
ATTEST: (Corporate Seal)
CONTRACTOR Secretary
(Affirm CONTRACTOR Seal, if available)
ATTEST: City of Miami, a municipal corporation of the
State of Florida
Todd Hannon, City Clerk Johnny Martinez, P.E., City Manager
APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM AND
REQUIREMENTS: CORRECTNESS:
Calvin Ellis, Director Julie O. Bru, City Attorney
Risk Management Department
102
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
CORPORATE RESOLUTION
WHEREAS, , Inc. desires
to enter into a contract with the City of Miami for the purpose of performing the work described
in the contract to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered the
matter in accordance with the By -Laws of the corporation;
Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the
(type title of officer) (type name of officer)
is hereby authorized and instructed to enter into a contract, in the name of and on behalf of
this corporation, with the City of Miami upon the terms contained in the proposed contract
to which this resolution is attached and to execute the corresponding performance bond.
DATED this day of , 20
Corporate Secretary
(Corporate Seal)
103
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
FORM OF PERFORMANCE BOND (Page lof 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) 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: 12-13-017, awarded the day of , 20 , with City which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. Performs the Contract between Contractor and City for construction of
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
104
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
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 day of , 20
WITNESSES:
Secretary By:
(CORPORATE SEAL)
IN THE PRESENCE OF:
By:
(Name of Corporation)
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
Agent and Attorney -in -Fact
Address:
(Street)
(City/State/Zip Code)
Phone No:
105
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
FORM OF PAYMENT BOND (Page 1of 2)
BY THIS BOND, We , as Principal,
hereinafter called Contractor, and , as Surety, are bound
to the City of Miami, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) 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
No. 12-13-017, awarded the day of , 20 , with City which
Contract Documents are by reference incorporated herein and made a part hereof, and
specifically include provision for liquidated damages, and other damages identified, and for the
purposes of this Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. 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.
106
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
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 day of , 20
ATTEST:
By:
CONTRACTOR:
(Name of Corporation)
(Secretary) (Signature)
(Corporate Seal) (Print Name and Title)
day of , 20
IN THE PRESENCE OF: INSURANCE COMPANY:
By:
(Agent and Attorney -in -Fact)
Address:
(Street)
(City/State/Zip Code)
Phone No.:
107
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
CERTIFICATE AS TO CORPORATE PRINCIPAL
, certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was
then of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who being
by me first duly sworn upon oath says that he/shehas 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 day of
,20
My commission expires: Notary Public, State of Florida at
Large
Bonded by
103
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
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
444 SW 2nd Avenue
Miami, Florida 33130
Amount:
United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at by order
(branch address)
of and for the account of
(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
(expiration date)
104
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
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.
Authorized Signature
105
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
INFORMATION FOR DETERMINING JOINT VENTURE ELIGIBILITY
If the Proposer is submitting as a joint venture, please be advised that this form
(2 pages) MUST be completed and the requested written joint -venture agreement MUST
be attached and submitted with this form.
1. Name of joint venture:
2. Address of joint venture:
3. Phone number of joint venture:
4. Identify the firms that comprise the joint venture:
5. Describe the role of the MBE firm (if applicable) in the joint venture:
6. Provide a copy of the joint venture's written contractual agreement.
7. Control of and participation in this Agreement. Identify by name, race, sex, and "firm"
those individuals (and their titles) who are responsible for day-to-day management
and policy decision making, including, but not limited to, those with prime
responsibility for:
(a) Financial decisions:
(b) Management decisions, such as:
(1) Estimating:
(2) Marketing and sales:
(3) Hiring and firing of management personnel:
106
Rockerman Canal Improvements B-30680 Bid No: 12-13-017
(4) Purchasing of major items or supplies:
(c) Supervision of field operations:
NOTE: If, after filing this form and before the completion of the joint venture's work on
the subject Contract, there is any significant change in the information
submitted, the joint venture must inform the County in writing.
AFFIDAVIT
"The undersigned swear or affirm that the foregoing statements are correct and include
all material information necessary to identify and explain the terms and operation of our
joint venture and the intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to the County current, complete
and accurate information regarding actual joint venture work and the payment therefore
and any proposed changes in any of the joint venturer relevant to the joint venture, by
authorized representatives of the County. Any material misrepresentation will be
grounds for terminating any Contract which may be awarded and for initiating action
under Federal or State laws concerning false statements."
Name of Firm: Name of Firm:
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
FORM A
107
Rockerman Canal Improvements B-30680 Bid No: 12-13-017