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Resolution No. 2016-30 Awarding Bid 16-03-30-2 to H & J Asphalt, Inc. for NE 213th Street Milling and Resurfacing Improvements - May 3, 2016 RESOLUTION NO. 2016-30 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 16-03-30-2, NE 213TH STREET MILLING & RESURFACING IMPROVEMENTS TO H & J ASPHALT, INC. AT THE BID PRICE OF $334,356.75; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 16-03-30-2, NE 213th Street Milling & Resurfacing Improvements; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that H & J Asphalt, Inc. submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 16-03-30-2, NE 213th Street Milling & Resurfacing Improvements is hereby awarded to H & J Asphalt, Inc. in the amount of $334,356.75. 1 City of Aventura Resolution No. 2016-30 Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 120-5001-541-6305. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Shelley, who moved its adoption. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Teri Holzberg Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes Page 2 of 3 City of Aventura Resolution No. 2016-30 PASSED AND ADOPTED this 3rd day of May, 2016. ISMAN, MAYOR • x c' god ATTEST: _ ELLISA L. HORV err C CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 I MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: April 1 I, 2016 To: Antonio F. Tomei, Capital Projects Manager Office of the City Manager From: Peter W. Aquart, PE, Consulting Engineer ')( c Reference: N.E. 213'1' Street Milling and Resurfacing Bid Number 16-03-30-2 We have reviewed the results for the above referenced request for bids. The following contractors submitted a bid: • H & J Asphalt, Inc. • General Asphalt Company. Inc. • H & R Paving, Inc. • Weekley Asphalt Paving. Inc. • Williams Paving Company. Inc. • Community Asphalt Corporation • Metro Express. Inc. Enclosed is a hid tabulation spreadsheet showing all of the individual unit prices and extended prices. The apparent low bidder is H & J Asphalt, Inc. We consider them to he a responsible bidder. We requested that H & J Asphalt confirm their unit prices (see attached letter). They did so via e- mail (see attached). It is our opinion that H & J Asphalt, Inc. is the lowest responsible bidder and recommend awarding the contract to them for the total amount of$334,356.75. If you have any questions or require any additional information, please call. Enclosures: Bid Tabulation Letter to H & J Asphalt E-mwI response from II & J Asphalt SECTION 00410 { SCHEDULE OF VALUES—BIDDER'S COMPANY NAME: i4 S 4; -t `� , 'tic" Time to Substantial Completion: 60 calendar days upon issuance of the Notice to Proceed. Time to Final Completion: 30 calendar days. TOTAL CONTRACT TIME =90 CALENDAR DAYS Pay Estimated Description Unit Unit Price Extended Price Item Quantity GENERAL 1 General Conditions and LS 100 Mobilization Sieev- 5) 070 - 1 Provide Maintenance Of Traffic LS / ��� 101 per FDOT 600 Series Design /Z)00-10 Standards 102 1 Provide Erosion Control LS , 01)0 _ MO-- Measures PAVING Remove and Dispose of Existing 103 350 Curb (Type D, Type E, Type F, ,et /ry 60 Drop Curb etc.) LF 266 Remove And Dispose of Existing 1 /if" 3/JLt 72 Concrete SY / 105 185 Remove And Dispose of Existing /0" 3 7aO ._ Pavement Section SY %/ / 106 9 Clearing and Grubbing SY /11du 1 i2Y" 107 4 Backfill and Sod �U O SY " Mill 1" Asphalt, Including Removal �� 1 12 108 16,365 and Disposal of Existing CI Pavement SY 1" Superpave SP-9.5 Asphaltic /^� 109 16,761 Concrete Pavement, Including W "- 1 / 3, 1-610.1; -610 1; Tack Coat SY 110 198 8" Limerock Base (min. LBR of 20, /t1J®- 100), including Prime Coat SY // 12" Stabilized Subgrade (min. ri 00 ry 111 198 LBR of 40) SY /) 3 b� N.E.213'Street Milling and Resurfacing City of Aventura Bid No. 16-03-30-2 CTA Project No.01-0103-210 00410-4 Pavement Repairs; Includes 112 185 Removal and Disposal of Existing SY �D . 0 x,4550, Pavement MM Type "F" Curb & Gutter, Including LF 113 20 4" 73-0c.Oy �V5' Limerock Pad 114 90 Type "D" Curb LF r2)02 5Q' 115 40 Drop Curb, Including 4" Limerock LF ��oo i) ©O Pad 116 126 4" Concrete Sidewalk (min. 3,000 SY I 5r L r�9_ psi)with Compacted Subgrade x C 11J 4" Thick Sidewalk With Thickened --�� 117 55 Edge and Handrails On SY y-�"� 2,9-7.5 — Compacted Subgrade 118 85 Structural Retaining Wall LF 50t r ;5, S-0 — 119 6 Spalled Concrete Repair SY 5Ot) - /7 gbt/ — 120 1 Accessible Ramp Type CR-A EA if,QM - , 0 d D Accessible Ramp Type CR-C 121 (Modified) EA Z, 060 _ ;, oafi 122 9 Accessible Ramp Type CR-G EA ;At) - /g, I9et — 123 .1 Accessible Ramp Type CR-L EA L t7j;}t7 - 027 bOO 124 13 Adjust Existing Storm and EA 40P- 5/ tee) — Sanitary Sewer Manhole Rim Adjust Existing Water/Force Main EA 125 8 35© ;) Valve Box 126 3 Replace Roadway Loop EA /, S 00- If, cps— Detectors 127 1 Install Electrical Hand Hole Cover EA b®f)" 0 — 128 1 Replace Traffic Control Box �O EA 660- 6X- Cover SIGNING AND MARKING 129 4,945 6" Solid Yellow (Thermoplastic) LF I. '/' 4 43 - 130 6,310 6" Solid White (Thermoplastic) LF Oil / 131 950 12" Solid White (Thermoplastic) LF ;2 .2-0 21610 132 140 24" Solid White (Thermoplastic) LF 3.5° 2/910 - 133 1,170 6" Skip White 10'-30' LF i '" fi ' //� (Thermoplastic) [Net length of I N.E.2136 Street Milling and Resurfacing City of Aventura Bid No. 16-03-30-2 CTA Project No.01-0103-210 00410 -5 Thermoplastic Markings] 6" Skip White 6'-10' 134 60 (Thermoplastic) [Net length of LF /, D12 60_ Thermoplastic Markings] 6" Skip White 2'-4' 9 135 254 (Thermoplastic) [Net length of LF / ' St'"4 f 3 I0 Thermoplastic Markings] 136 27 Pavement Message - per letter EA `�D ��D (Thermoplastic) / �j9 137 13 Arrow (Thermoplastic) EA 06,0 - 7gt .- 138 23 Sharrow (Thermoplastic) EA 3 / - 7, 2 21F 139 4,945 6" Solid Yellow (Paint) LF D ,, 7 2/ 9 72- s' 140 6,310 6" Solid White (Paint) LF D . CO 3,/gs - 141 950 12" Solid White (Paint) LF J4Q /I / Ye - 142 140 24" Solid White (Paint) LF LC ko - 143 1,170 6" Skip White 10'-30' (Paint) [Net LF ill° /17V / length of Thermoplastic Paint] / l 6" Skip White 6'-10' (Paint) [Net LW t 144 60 length of Thermoplastic Paint] LE fU 6" Skip White 2'-4' (Paint) [Net ° t? ;,5- - l� 145 254 length of Thermoplastic Paint] LF / 146 27 Pavement Message-per letter EA 29 0 6 C 7�g (Paint) 7 147 t3 Arrow (Paint) EA 2 it'0° 3) 2 - 148 10 Yellow Reflective Paint (Bullnose) SY 3 ," 3i — 149 179 Reflective Pavement Marker EA ,L ZD 7.57. RD (RPM) White I Red / Reflective Pavement Marker y� ZC� 63g-,t0 150 152 (RPM) Yellow/Yellow EA / Reflective Pavement Marker hAer 1 s,DU 151 3 EA (RPM) Blue/ Blue N.E.213'x'Street Milling and Resurfacing City of Aventura Did No. 16-03-30-2 CTA Project No. 01-0103-210 00410-6 152 12 Remove Existing Sign and Post EA Aril v 110 60--- 153 24 Furnish and install new sign and EA �7:co,v 1�P� bOO "- new post. 154 q Furnish and install new post and EA ) 7SC' IOU install existing sign / 1 MISCELLANEOUS Loop Detector Replacement 155 1 Permit Fees (Miami Dade County AL $2,100 a, / o — Traffic Signals) 156 1 Off-Duty Police Services AL $20,000.00 2-0/ �t;O�r SUB-TOTAL 33 3✓ Y ` - TOTAL COST *BIDS SHALL BE AWARDED BY THE CITY TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. IN ANALYZING BIDS, THE CITY MAY ALSO TAKE INTO CONSIDERATION ALTERNATE AND UNIT PRICES. REFER TO SECTION 00710, GENERAL CONDITIONS, ARTICLE 2.1. N.E.213'h Street Milling and Resurfacing City of Aventura Bid No. 16-03-30-2 CTA Project No. 01-0103-210 00410-7 CITY OF AVENTURA AV4OV „„,,t•*,/,, : :::91:::: : ...... . c„-; ... ...... ,_. , ...:: :. * : : 97 0, : : * , 2:-.2,-_,11.„. ._.„:1,1...--!: ,, ,-, -_-_--„,-;:„__-_-_-,---- vq ,.., ,,,, ---,..,-...--„.... „1.-r- . ,,- -- "o' - - \N ...N ' FLO� a' ...-. e , ee Cf7C.Z0 I 5%6- 0'61 CONTRACT DOCUMENTS N.E. 213TH STREET MILLING AND RESURFACING BID NO. 16-03-30-2 RESO. #2016-30 H & J ASPHALT, INC COPY - CITY CLERK Prepared by: Indra Sarju, CPPB SECTION 00510 NOTICE OF AWARD TO: Mr.Humberto Lorenzo Date: President H&J Asphalt,Inc. 4310 NW 35th Avenue Miami, FL 33142 PROJECT DESCRIPTION:N.E.213rd Street Milling and Resurfacing; Bid No.16-03-30-2,in accordance with Plans and Contract Documents as prepared by Craven Thompson and Associates, Inc. The CITY has considered the Bid submitted by you for the above described WORK in response to its Advertisement for Bid and Instruction to BIDDERS. You are hereby notified that your Bid has been accepted for the construction of N.E.213rd Street Milling and Resurfacing; Bid No. 16-03-30-2, in the lump sum amount of$334,356.75. You are required by the Instruction to BIDDERS to execute the Agreement and furnish the required CONTRACTOR'S Performance Bond,Payment Bond and Certificates of Insurance within ten(10) days from the date of this Notice to you. If you fail to execute said Agreement and to furnis said Bonds within ten(10)days from the date of this Notice, said CITY will be e m i tled to disq . ify the Bid, revoke the award and retain the Bid Security. BY: TITLE: CITY MANA 4 R Dated this day of A , , 2016 . w 00510-I ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the day of /i ' , 2016 BY: TITLE: —t'I 'II Let''* You are required to return an acknowledged copy of this Notice of Award to the CITY. 00510-2 SECTION 00526 AGREEMENT THIS AGREEMENT,made and entered into on this 3rd day of May ,2016 ,by and between H&J Asphalt,Inc. Party of the First Part,and The City of Aventura,Party of the Second Part: WITNESETH: That, the First Party, for the consideration hereinafter fully set out, hereby agrees with the Second Party as follows: I. That the First Party shall furnish all the materials,and perform all of the Work in manner and form as provided by the following enumerated Drawings, Specifications, and Documents, which are attached hereto and made a part hereof, as if fully contained here: List Of Drawings Section 00015 Advertisements For Bids Section 00100 Instruction To Bidder Section 00210 Bid Form Section 00410 Award Preference for Identical Tie Bids Section 00420 Bid Bond Section 00432 List of Proposed Subcontractors Section 00434 Bidder Qualification Statement Section 00450 Non- Collusion Affidavit Section 00454 Request for Taxpayer Identification Number and Certificate Section 00455 Sworn Statement Pursuant To Florida Section 00456 Statutes On Public Crimes Notice Of Award Section 00510 Agreement Section 00526 Notice To Proceed Section 00550 00526- 1 Payment Bond Section 00612 Performance Bond Section 00614 OSHA Acknowledgment Section 00620 General Conditions Section 00710 Supplementary Conditions Section 00810 Technical Specifications Sections 01000 to 33000 2. That the First Party shall commence the Work to be performed under this Agreement on a date to be specified in a written order of the Second Party and shall complete all Work hereunder within the length of time stipulated in the Bid. 3. That the Second Party hereby agrees to pay to the First Party for the faithful performance of this Agreement, subject to additions and deductions as provided in the Bid Form, in lawful money of the United States, the amount of: Three Hundred Thirty-four Thousand Three Fifty-six and Seventy-five cents (Written Dollar Amount) Dollars ($334,356.75), Lump Sum. 4. That the Second Party shall make monthly partial payments to the First Party on the basis of a duly certified and approved estimate of Work performed during each calendar month by the First Party,Less the retainage provided in the General Conditions,which is to be withheld by the Second Party until Work within a particular part has been performed in accordance with this Agreement and until such Work has been accepted by the Second Party. 5. That upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills, and other costs incurred by the First Party in connection with the construction of the Work have been paid in full,final payment on account of this Agreement shall be made within 60 days after the completion by the First Party of all Work covered by this Agreement and the acceptance of such Work by the Second Party. 6. In the event that the Contractor shall fail to complete the Work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of One Thousand and 00/100 Dollars($1000.00) per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. 7. It is further mutually agreed between the parties hereto that if,at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and 00526-2 payment, the Second Party shall deem the Surety or Sureties upon such bond to be unsatisfactory,or if,for any reason such bond ceases to be adequate to cover the performance of the Work,the First Party shall,at its expense within 5 days after the receipt of notice from the Second Party so to do,furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event,no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Second Party. 8. No additional Work or extras shall be done unless the same shall be duly authorized by appropriate action by the Party of the Second Part. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and date first above written, in two (2)counterparts,each of which shall,without proof or accounting for the other counte us art be deemed an original Contract. WITNESSES: CONTRACTOR: l I,A,(71)10(1. i I P ' / BY: / NAME: • O �Y �� TITLE: 4A OWNER: City entura BY: - `aiW NAME: Eric M. So iMir TITLE: CITY MAN AUTHENTICATION: .— BY: NAME: Ellisa L. Horvath 6r3L--- TITLE: CITY CLERK APPROVED ASpWRtillr.p......L BY: NAME: ISA 'M"3 n TITLE: CITY ATTORNEY 00526-3 SECTION 00550 NOTICE TO PROCEED TO: Mr. Humberto Lorenzo DATE: 6-- II —IL President H&J Asphalt,Inc. 4310 NW 35th Avenue Miami,FL 33142 PROJECT DESCRIPTION: N.E.213th Street Milling and Resurfacing; Bid No. 16-03-30-2;in accordance with Plans and Contract Documents as prepared by Craven Thompson and Associates, Inc. You are hereby notified to commence Work in accordance with the Agreement dated .513' 1 (0 ,on or before 4.12 0116 . And you are to complete the Work within 90 calendar days thereafter(equal 60 calendar days for Substantial Completion plus 30 calcndac days to Final Completion). The date of completion of the . WORK in full is therefore II-71 16 . City of Aventura BY: da/ TITLE: CITY MAN Tr 00550- 1 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by s )& -�o J 9' day of �/v C 20 ro BY: TITLE: 7,-eApAlf 00550-2 SECTION 00620 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS TO The City of Aventura We S A Sa) C- (`_ hereby acknowledge and ,agree that as Contractors (Prime Contractor) For N.E. 213rd Street Milling and Resurfacing, Bid No. 16-03-30-2, as specified, have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of Aventura and Craven Thompson and Associates, Inc., and against any and all liability, claims, damages losses and expenses they may incur due to the failure of (Subcontractor's Names) to comply with suc I act or regulation. v _ CONTRACTO ATTEST: END OF SECTION 00620-1 BONDS and CERTIFICATES This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Berkley Insurance Company 255 South Orange Ave, Suite 1515 Orlando, FL 32801 (973) 775-5256 Bond Number: 0198932 Contractor Name: H & J Asphalt, Inc. 4310 NW 35th Avenue Miami, FL, 33142 305-634-3342 Owner Name: City of Aventura 19200 W. Country Club Drive Aventura, FL 33180 (305) 466-8910 Project Number: 16-03-30-2 Project Description: NE 213 Street Milling and Resurfacing Project Address: City of Aventura, Miami Dade County, FL Legal Description of Property: NE 213 Street Milling and Resurfacing This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. Bond No. 0198932 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That, pursuant to the requirements of Florida Statute 255.05, we, Il & J Asphalt, Inc., as Principal, hereinafter called Contractor, and Berk*_Insurance Company , as Surety, are bound to the City of Aventura, Florida, as Obligee, hereinafter called City, in the amount of Three Hundred Thirty-four Thousand Three Hundred Fifty-six and Seventy-five cents Dollars ($334,356.75 ) 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.: 16-03- 30-2, awarded the 3rd day of May , 2016 , with City of Aventura for N.E 213 Street Milling and Resurfacing; in accordance with drawings (plans) and specifications prepared by Craven Thompson and Associates, Inc. which Contract is by reference made a part hereof,and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: 1. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorney's fees including attorney's fees incurred in 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 255.050) supplying Contractor with all labor, materials and supplies used directly or indirectly by Contractor in the prosecution of the Work provided for in the Contract,then this 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 the Contractor and who has not received payment for their 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 the Contractor a notice that they intend to look to the Bond for protection. 2.2 A claimant who is not in privity with the Contractor and who has not received payment for their 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 the Contractor and to the Surety,written notice of the performance of the labor or delivery of the materials or supplies and of the non-payment. 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 paragraphs 2.1 and 2.2 have been given. 2.4 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations provisions prescribed in Section 255.05(2),Florida Statutes. 00612-2 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 do not affect the Surety's obligation under this Bon . Signed and sealed this // day of ,20 WITNESS: —1-16 Kai t I*J0 • (Name of Corporation) BY: �r/ s _ v, ",`/ Secreta (Signature and Title) (CORPORATE SEAL) #1104.e.,1-1) )- r Pc-et►d, .t (Type Name and Title signed above) • H ' ' ' CE I F; SU• • N 1E COM/'1 NY: Berkley Insurance Company / _ . By: � It --••••••41 � t_ *Agent= orne -in- act -Michael A. Bonet en E. Pilot, fitness Address: (Street) 255_,Sot.tth Orange Ave Suite 1515 (City/State/Zip Code) Orlando, FL 32801 Telephone No.: (973) 775-5256 * (Power of Attorney must be attached) 00612-3 State of Florida County of Miami Dade On this, the )A— day of , 20 Yb , before me he undersig ed Notary Public of the State of F(J Vrps- ,the foregoing i strument ac 1.owledged by 1r1,6EA?LO I� nl 7(nae of corpora officer), Pi m (title), of t tb!ilh) (name of corporation), a fl04 Orr (state of corporation)corporation,on behalf of the corporation. WITNESS my hand and official seal n �"� y pV♦ MARIA ALEJANORA GOMEZ � ' t t 1 e °` ,B`s� Notary Public-State of Florida • Commission N FF 918590 Notary Public,Stile of t My Comm.Expires Nov 4.2019 Bonded through National Notary Assn. I_ Printed, typed or stamped name of Notary Public exactly as commissioned Personally known to me,or ❑ Produced identification: (type of identification produced) ❑ Did take an oath,or ❑ Did not take an oath 00612 -4 CERTIFICATE AS TO CORPORATE PRINCIPAL 4 I, sit ypt c rtify at I am the Secretary of the corporation named as Principal in the foregoing ment Bond; that 11 W a 0 6.4-'42 AV , who signed the Bond on behalf of the Principal, was then ?I4)`i ellEA V of said corporation;that I know his/her their signature;and his/her their signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. ` / (CORPORATE SEAL) // // IMF' 7i; F e1' Azi )to)f, Sw0 _ (Name of Corporation) END OF SECTION 00612-5 Bond No. 0198932 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE.PRESENTS: That,pursuant to the requirements of Florida Statute 255.05,we,H& J Asphalt, Inc., as Principal, hereinafter called Contractor, and Berkley Insurance Company , as Surety, are bound to the City of Aventura, Florida, as Obligee, hereinafter called City, in the amount of Three Hundred Thirty-four Thousand Three Hundred Fifty-six and Seventy-five_ Dollars ($334,356.75 ) 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.: 16-03- 30-2, awarded the 3`a day of May, 2016 , with City for N.E. 213rd Street Milling and Resurfacing, in accordance with drawings (plans) and specifications prepared by Craven Thompson and Associates, Inc., which Contract is by reference made a part hereof, and is hereafter referred to as the Contract; THE CONDITION OF THIS BOND is that if the Contractor: I. Fully performs the Contract between the Contractor and the City for construction of N.E. 213rd Street Milling and Resurfacing, Bid #16-03-30-2 within 90 calendar days after the date of Contract commencement as specified in the Notice to Proceed and in the manner prescribed in the Contract;and 2. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor), expenses, costs and attorneys fees including attorneys fees incurred in appellate proceedings,that City sustains because of default by Contractor under the Contract;and 3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within one and one half(1 and 1/2)year,and: 4. 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. Whenever Contractor shall be, and declared by City to be, in default tinder the Contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 4.1 Complete the Contract in accordance with its terms and conditions;or 4.2 Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the best, lowest, qualified, responsible and responsive BIDDER, or, if the City elects, upon determination by the City, and Surety jointly of the best, lowest, qualified, responsible and responsive BIDDER, arrange for a Contract between such BIDDER and City, and make available as Work progresses (even 00614-6 • 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 the 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 do not affect Surety's obligation under this Bond. Signed and sealed this 1 lthday of May ,20 16 . WITNES S: H&J Asphalt, Inc. (Name of Co .orat'.n) �//// / � By: -- Vii/,'/ // if Secreta tgnature and (CORPORATE SEAL) , Eli*�W 0 k-YP*rbo ?I-121144 (Types Name and Title signed above) Or i' PRESENCE •F: INSU ,N E COMPANY: BerlJey Insurance Company 1._ _it ‘ i -AIr% IfJ , *(Agent and .ttorney-in-Fact) Carmen E. Plllot, Witness Address: 255 South Orange Ave.Suite 1515 (Street) Orlando. FL 32801 City/State/Zip Code Telephone No.: (973) 775-5256 * (Power of Attorney must be attached) 00614-7 S • • State of rida County of Miami Dade On this,,the day of 1ja.dili ,20 f 10 ,before me,the undersigiiied Notary Public of the State of low* , the foregoing it trument was ac owledged by 0-1446-art) ORv (name of corporate officer), ? i c€Jt (title), of {\— -t5 'tTj` Z(name of corporation), a '-f (state of corporation)corporation,on behalf of the corporation. WITNESS my hand and official seal ' rai"Awakat'? RIA ALEJANDRA GOMEZ I /.'- ' .[�✓.� ry Public-State of Florida Notary Pubtik, State of ommission IP FF 918590omm.Expires Nov 4,2019 ed through Natinnal Notary Assn. Printed,typed or stamped name of Notary Public exactly as commissioned Personally known to me,or ❑ Produced identification: (type of identification produced) O Did take an oath,or ❑ Did not take an oath h(��� Bonded by:W��A L I\-s.s, J . 00614-8 I ' CERTIFICATE AS TO CORPORATE PRINCIPAL 1, "rt keeNtO certify that 1 am the secretary of the corporation named as principal in the foregoing Performance Bond;that 141A Qi f,7 1-0), vho signed the Bond on behalf of the Principal, was then -a '6)&4- of said corporation; that 1 know his/her/their signature; and his/her/their signature thereto is genuine;and that said Bond was duly signed,sea ' and attested to on behalf of said corporation by authority of its governing body. CORPORATE SEAL) Awr 41/ /' 11-4)j a (L4 . 41) C (Name of Corporation) END OF SECTION 00614-9 . No. BI-10071 s `, POWER OF ATTORNEY ' .• BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly c organized and existing under the laws of the State of Delaware, having its principal office in Greenwich,CT,has made, constituted LI 4.) and appointed, and does by these presents make, constitute and appoint: Roy V. Fabry or Michael A. Bonet of Kahn-Carlin & Co., Inc. of Miami, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, as seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance,providing ;U that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such tii bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their 71 ..Y own proper persons. a) .5 Cn M This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, - without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following v 1., resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: 0 g RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief E>, Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant o „ Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein a t' to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the O o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such • attorney-in-fact and revoke any power of attorney previously granted; and further a.2, RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the i- manner and to the extent therein stated;and further -d = RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and -o further o ca) RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any fl..5 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or • other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any E = person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have a- ceased to be such at the time when such instruments shall be issued. .� IN WITNESS WHEREOF, the Company hass d these presents to be signed and attested by its appropriate officers and its o corporate seal hereunto affixed this J day of ,2013. Attest: i" Berkl y nsurance Company (Seal) By By� & .4t-eltA-- Ira S. Led ( Je . after o • Lu Senior Vice President& Secretary �� nior V ce President 15 2 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. v ° ' STATE OF CONNECTICUT) a.% cu p ) ss: COUNTY OF FAIRFIELD ) 16 v Sworn to before me, a Notary Public in the State of Connecticut, this <21 day of LT(,`'L J , 2013,, by Ira S. Lederman and " =Jeffrey M. Halter who are sworn to me to be the Senior Vice President and Secreta and thkk Seng Vice resident, respectively,of Berkley Insurance Company. ` -/ �/ �+ C 'r «. Q c Notary Public, State oflC•i necticutG I MY COMMISSION E OCT 91 2017 C7 CERTIFICATE U z 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a gu true, correct and complete copy of the original Power of Attorney; that said Powe of Attorney has not been revoked or rescinded 3and that the authority of the Attorney-in-Fact set forth therein, who executed e •ond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. / Given under my hand and seal of the Company,this /1 day of Ai /1,/ C2,0/6 . (Seal) /�- Andre i Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company,Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866)768-3534 or email BSGInquiry@berkleysurety.com Any written notices, inquiries,claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 310N Morristown,NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond.Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. • /.., H&JAS-2 OP ID:SD ACORo' CERTIFICATE OF LIABILITY INSURANCE DATE 4....----- 0 05/10/5/10/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kahn-Carlin&Company,Inc. PHONE FAX 3350 S.Dixie Highway (AIC.No.Ertl:305-446-2271 INC,No):3054484127 Miami,FL 33133-9984 ADDRESS:Aprocessing©kahn-carlin.com INSURER(S)AFFORDING COVERAGE NAIC It INSURER A:Hartford Fire Insurance Co 19682 INSURED H&J Asphalt, Inc. INSURER B:Sentinel Insurance Company LTD 11000 0 NW 35th Avenue Miami, FL 33142 INSURER C:Continental Casualty Company 20443 Mia INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS 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 ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POOL BURR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDDNYYY) IMMIDDNYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 21UENQT9904 12/31/2015 12/31/2016 DMAGOERa aNcwrreD nce) E 300,000 _ X XCU Included MED EXP(Any one person) $ 10,000 X PER PROJECT AGGRE PERSONAL 8.ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEC LOC _PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO 21UENQT9904 12/31/2015 12/31/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON.OWNEO PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) _ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESSUIB CLAIMS-MADE 21RHUQT9906 12/31/2016 12/31/2016 AGGREGATE $ 1,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE OTH- ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YnNIA 21WBQT9905 12/31/2015 12/31/2016 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL.DISEASE-EA EMPLOYEE $ 500,000 If yea,RIPTIOe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 500,000 C XS Liability L6011881037 12/31/2015 12/31/2016 Each Occ. 4,000,000 Over EMIL Umb. DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more apace la required) Re: NE 213th Street Milling and Resurfacing Hid No: 16-03-30-2 Reso.#: 2016-30 The Certificate Holder is Additional Insured with respects to General Liability per form attached. CERTIFICATE HOLDER CANCELLATION AVEN-03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Aventura, Florida ACCORDANCE WITH THE POLICY PROVISIONS. 19200 W Country Club Drive Aventura,FL 33081 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD