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2006-050 RESOLUTION NO. 2006-50 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 06-07-24-2, MIAMI GARDENS DRIVE EXTENSION IMPROVEMENTS, TO WILLIAMS PAVING COMPANY, INC. AT THE BID PRICE OF $2,222,788.00. 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, property solicited and accordingly accepted bids for BID NO. 06-07-24-2, Miami Gardens Drive Extension 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 Williams Paving Company, Inc. has 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. 06-07-24-2, Miami Gardens Drive Extension Improvements, is hereby awarded to Williams Paving Company, Inc. in the amount of $2,222,788.00. Resolution No. 2006-50 Page 2 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 the Capital Improvements Program Budget Line Item Numbers FY 2005/06 - 120-5001- 541-6307 ($140,000), FY 2005/06 - 001-5001-541-6341 ($1,735,800.50) and FY 2006/07001-5001-541-6301 ($347,000). Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Vice Mayor Weinberg, who moved its adoption. The motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb yes yes yes yes yes yes yes Resolution No. 2006- 50 Page 3 PASSED AND ADOPTED this 1 ih day of September, 2006. G. APPROVEM ~L~CY: CITY ATTORNEY ~- IG'),2;~t,rl;l iiiI/I , ,di: i,t,I\'.;..', , 1:"""'''''' ....J'., ,n.,";' "",,;.; ','" ",.,"1..... , J,'\"'.,i"," H,'n;h ',,,.,i,. ,-,l''''''''l:<,,:,,->;,,''f;, ,.:,:"..";,,.,,; ';'~",;,;"'i"""'. '....d''''h:.-:'t'k''.'.. '''~'...:<c, :'<:1, ~..."., f>""lltWM~~ :':~le "ci;.,'h.,,~~~,d i'N',: N~r'" ~,.:,:~; ...."'.'l "-""-"-9'''-''.''''-' '''';;~~:~'\ " \,'.';.",>: 'A(,,",.,~,,,,,;,, It{~.: '.'."'''' 1\,#;", ,:-,"",,,,\; .'I'''''''~'w. (,.",: h;(f, "")',::"" ''''~'>;d,'", \\"'."',"';;7,""" Puhlic \.\iork... D"p;1rlnwnt ,'" '.' . ;.~ :s:: ,':c' . S,1iil' I;' J (J , ] " I'if;'~:~b ,';! ,'/1-1 ')7(:' 'of:,:;,: ['\r;),b((t::)~:{; P,ug~1$t2, . 2;}:le n;i;1mirl..rl'-"l~l'>" f\'1:':-:::',(: fA S<~~:(:;l<2i Icr,.V~.~C:J.l 0; .~\\lf)nttrn 1920G \'\'(:5t i~;C[j:11r,/ Clut !)rI\/(': ,A,.....ontWtl, F_~L~,' ~:.(' Ri:': f;/iErj",: :~-Jf ';B 1j": Jomt P;utlnpf1110n :~')~;fdH"~,.; . ",. "',,,. ;1'/.. D(:;~.;(! :/r S:: (),,;;\ ht':1'li>D~1,ji;" Cc<) \tl ;-:\;1) 'n.: ''//G:<'r:,';.: [lur:r L,:rjl;:n~ teVlc',.;'/\:;{1 tho nrd p;-)l-::k~'qr~~..; s,-;!'itU;,,>d ft.i!' n':i! \':I;~r':'L G....(::l~,<,~:::)j':j:- COJ'It'l:::'C,(\l frorn [k:;C.P/fW Bouk:vnfrf In HK: \Vc!:~tcrn 1[;:-'1'):"":(:'"< n' Uh"', c,f th.( /\'/f~' ;!i;l,:l L:;lodin~r:!. D8Vj;.I(JpuH:Hlt LInd apl.wnvc~~; oj the " re::oP",I"')crh:f;-}tI\m te ;1;v,Jrd tlv: ctJnlrt1(:rICI 1110 l(IW biddHI vVllliafll-"; P~lvir::q IlL ~Hu'.':de:j lllLE Uj:i;- ,JI\(l C. ,::.'.;n~y ;:.c..-:urr: ;)11 ;7l1rk',~nd'nHnl 11.:' nl~~ ''', II' (JF'r\,\ Ie ~Uljl:;{~ It)(~ hl1id~. ;1VRllnl}lfl f;Vt\l,I::-.. The lo';\' L'::j ;)t S2 g!~ ;:;0 n~'1::w-, the: (TH;~nTtrr: ^;nf (:I~I,1H~),987.50 rOt 0ecorahvt, S-'~1';2~d iJ"d n;.:'.:.t-s :) ,-:oli:;tnJc:llofl l,:(l:-:;I l.'f f,i) tv th"f :lr~ C"';~": l~ en (..';,:(;'';:5:; ::;t :~K; SbtHLOUI 00 onglfl;:lIly pn::gr;:n':rnf:n T:::!, th::: ,::',n::r:Iiu! i8! ftnd;-;; li.}i,;;Y/f-Jf ::\0 IfF.,;rl.1.U~'A)d CO~'.t~ It/Ill ~.,::-!t hL~' 1:;"';';:,((Jhlc, t;;-f rhe~ n+.~:>(1 nn,y: ,,!rr.;:,sh<:<l; [)i~:r.r:L;1 3 Rf):.1Ij l,nlJa;.;\ re(~~i (~.m,} ^"he C.::.W'i:y h:':"liCx't;r ;:;1;:, :j~':!i"ltltltf:';'i ~".-nC$ lh!~ !)~!opI8'S TI:1I1t;porlaliotl Plall ,T'T-;" Ie;' :~-J,;;':;(1. rirp'{j\/(;ir;c::n::~. :H~C;'1dj~;J rhl~; JP.f-\, -I;IH(I 'SlltJj8d (0 thld' iiiPPlti\<id ~.i! Hit.:' C>il::'2en'e 1rDn$port~tlon Trust (Cl fq and llle 8oa(d o'f Con-:rn':?-slofH1(S !>',8~;~ PTP fu:,tUS friLlY be used for lhlf, rroler.t Put$unc-t t:: CtTT a"',j 8ee ~:::'p~O\/Et (of :r:r} u~v:2,ed .irA, Hl8- Cilyrn~v I~SU-C a :>c:i!cc :0 r:"~o:cc:(; t~ t:>?>gJn :.rlC5t? irnfJ('Jr1n;.;t transportation fU11;1 lf~~rfic fluw Tt"H? G~unt)' wi!' c;)n>'me:"':::e n"'s Brr:s<,dmen: pit:.:<:.:e"$$ w U}B JPA, Should you have an'y' resC:!"'l~lIOnS c~ rc'q~;i~(? 1u4ht~r\?liificatin~-; ple~3:se comaclMl Ga~pa( f'.AiranrJa jC',E., l"h~l~:'l/ay Dlvisfon, at 305': ,375-2DH4. Sl;KCiCi)' ^ --""> ,. ."....,.,,/ .,:-i"" .t " ("Cl-':;~~ Esther L G~!dS,?,E. ' D!rectc:r 'H.',..' Cc; Gasp-e) Mirancra P E Leandro On{), P ,E DavKf TInder, p, E Sa:iy Heymnn, Coun~y COiHmissior,^'2( Di:;uict":' City of Aventura ~ lI-t.;f<J e eq~ ~i B~octll' Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the Ciry Manager August 3, 2006 Ms. Esther Calas, P.E. Director of Public Works Miami-Dade County Public Works Highway Division 111 NW. 1st Street, #1610 Miami, Florida 33128 Re: Miami Gardens Drive Connector Improvements Joint Participation Agreement Dear Ms. Calas: As you are aware, the City and County entered into the subject Agreement in September of 2003 to construct the Miami Gardens Drive Connector from Biscayne Boulevard to the western terminus of the property line of the Aventura Landings Development. The bid was opened on June 12, 2006. The City only received one bid at a cost of $2,515,000. The City rejected the bid. After a concentrated effort to obtain additional bidders, the project was rebid on July 24, 2006. The City received three bids as follows: Williams Paving Company, Inc. MEF Construction, Inc. Community Asphalt Corporation $2,222,788.00 $2,389,422.65 $2,464,881.66 After a careful review and evaluation of the bid packages, we are recommending that the bid be awarded to the lowest bidder. I have attached the low bidder's package. The contract price includes enhanced project elements to be funded by the City. They include decorative street lighting and an enhanced landscaping package. The contract cost for the enhanced project elements were $486,987.50. Therefore, the cost to be funded by the County would be $1,735,800.50. The Joint Participation Agreement included a figure of $566,007 to fund the project by the County. The following outlines the reasons why the contract estimate is so different than the amount included in the Joint Participation Agreement (JPA): PHONE: 305-466-8910 . FAX: 305-466-8919 www.cityofaventura.com August 3, 2006 Ms. Esther Calas Page Two 1. The estimate contained in the JPA is over a year-and-a-half old. 2. The cost of asphalt has skyrocketed since the adoption of the JPA. 3. Soil tests and corresponding increase in costs due to unacceptable soil conditions occurred after the estimate was formulated. 4. Signalization improvements required by FDOT and the County cost $282,186.70. The total cost of intersection improvements at Biscayne Boulevard inclusive of signalization is $489,277. 5. Permitting requirements by both FDOT and the County required revisions to the plan that resulted in cost increases not included in the original estimate. In order to expedite and move forward on this important transportation and traffic flow improvement project, I respectfully request your assistance as follows: 1. Obtain County approval to fund the revised County funded cost of $1,735,800.50 based on the low bid. 2. As required by the JPA, approve the City's recommendation to award the contract to the low bidder, Williams Paving Company, Inc. As always, thank you for our assistance in this matter. EMS/act Attachment cc: City Commission Tony Tomei, Capital Projects Manager Sally Heyman, County Commissioner CM01855-06 MEMORANDUM CRA VEN THOMPSON AND ASSOCIA TES, INC. Date: August 1,2006 To: Tony Tomei, City of A ventura From: Kevin Hart, Consulting Engineer Reference: Miami Gardens Drive Extension At your request, I have reviewed the bid tabulation for this project and the Schedule of Values presented by the apparent low bidder, Williams Paving Company. The City received a total of three (3) bids for the project ranging in price from $2.22 million to $2.46 million. The total spread between all three bids was $242,093.66 or 10.89%. The Williams Paving Company submitted the low bid in the amount of $2,222,788.00. Based on my review of the bid tabulation and Schedule of Values, I am recommending that the City award the contract for the Miami Gardens Drive Extension to Williams Paving Company, subject to a satisfactory response to your reference check. If you have any questions or require any additional information, please call. SECTION 00410 BID FORM THIS BID IS SUBMITTED TO: City of A ventura 19200 West Country Club Drive Aventura, Florida 33180 BID FOR: Miami Gardens Drive Extension BID No: 06-07-24-2 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Aventura in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 1. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. Dated: 7/10/2006 Dated: 7/12/2006 Dated: 7/17/2006 Dated: (b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00410 - 1 additional examinations, investigations, explorations, tests, reports or similar infonnation or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (I) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted inconformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. 3. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's-price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, lools superintendence and services necessary 10 provide a complete in place Project for the Bid Price of: - . \t.OO 1V\\U.\DY\ Iv.:::a oov\O(WTw€flT'1'TLOO TH1:lI<...'AYlV Sf\leY\ \-\-u.V\o('r~ ei'S~ -ej~'v\-t dollars and ICl2.D cents LUMP SUM (Written Total Bid Price -- From Schedule Of Values) BIDDER agrees thaI the work will be complete in full wilhin 210 calendar days from the dale stipulated in the Notice 10 Proceed. 4. Communications concerning this Bid shall be addressed to: BIDDER: Address: Williams Pavinq Company, rnc. 11300 NW South River Drive Medley, Florida 33178 305-882-1950 305-882-1966 Telephone Facsimile Number Attention: Ron Smith - Vice President Miami Gardens Drive Extension City of Aventura Bid No. 06-07.24-2 CTA Project No. 01-0103.056 00410 -- 2 5. The tenus used in this Bid which are defIned in the General Conditions of tile Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS DAY July ~.20 06 Miami Gardens Drive Extension City of Aventura Bid No. 06~07-24-2 CTA Project No. 01~OI03.056 00410 - 3 SECTION 00410 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT GENERAL REQUIREMENTS Hem Quantity Description Unit Unit Price Extended Cost GENERAL GENERAL CONDITIONS LS $ -<tq<Q.OO $ L\q't,'L.OO 2 MOBILIZATION LS $ n 39'6'5.'?5 $ n?,{y't!;.~ 3 MAINTENANCE OF TRAFFIC LS $ 0151:0. ()() $ '01.500.00 . SUB.TOTAL $ a-CA ;:5(of).~-:; MIAMI GARDENS DRIVE EXTENSION ROADWAY IMPROVEMENTS 4 4,373 12" SUBGRADE STABILIZATION SY $ \~SO $ 5"\,cbS.'JQ 5 4,373 12" LIMEROCK BASE SY $ :tP.5D $ 1 j"\ ,lpl'-\. <;0 $ qQ.O) '?;>5,--ep.0c> 6 397 1.75" ASPHALT (ISTLlFf) (S.I) TN $ ~S \73D~ '1'2-.l. 7 397 0.75" ASPHALT (2ND LIFT)(S-I) TN $ '10.00 $ :::D. '1'OD.= 8 7,381 GEOGRID (TENSAR BX 1100, SY $ 5.00 $ ~lqtiS.OD OAE.) 9 1,235 TYPE "F" CURB & GUTTER LF $ 02'00 $ .31.52.0.0<':> 10 530 TYPE"D"CURB LF $ :::,"'i;.CO $ C),O,I<.fO.()D Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 Addendum No.3 7/17/06 3 II III CONCRETE SIDEWALK (5' WIDE) LF $ "-/7.') Q $ j,;n;x.so (6" THICK) 12 1,345 CONCRETE SIDEW AIX (5' WIDE) SY $ 53.60 $ '1\, Zb~.CD 13 4 PEDESTRIAN RAMPS EA $ A'-Il.'OO $ '1'1\0\.00 I 14 30 TYPE IV CONCRETE TRAFFIC LF $ \\.p\,ClO $ ,-\1;~D'OD SEPARATOR (4' WIDE) ]5 2,594 REMOVE EXISTING PAVEMENT SY $ 5-cD $\2.';'170.= 16 921 REMOVE EXISTING CURB & LF $ I'S.5D $ \l.\,l'l~.50 GUITER 17 145 REMOVE EXISTING "D" CURB LF $ ,S.-:>O $ L."l<\l.JC) 18 431 REMOVE EXSITING CONCRTE LF $ .:5.'5t:> $ I.do~O.5Cl SIDEW}JJ((5'>VnDE) ]9 6,710 REMOVE UNSUITABLE SOIL CY $ ,;;>.\.CO $ IYD.'=lIO.ce:. 19A ]11 VALLEY GUITER LF $ '-t-O.'St) $ 10..1 <.lq').-$b 19B I RELOCATE EXIST FIRE HYDRANT LF $ I.A &.00 $ ld1::'z..= RELOCATE EXIST. UTILITY 19C 1 IN UTILITY EASEMENTS TO LF $ 3.\\Q\p.QO $ ~L\ 'e(p- aD INSTALL DRAINAGE WELLS SIGNS 20 ROADSIDE SIGN [(TURN RIGHT AS $ \~'::>'()Q $ \'1'; '0(,) DIRECTIONAL ARROW SYMBOL)(R3-5R) (24" X 30")( WITH POST)). 21 3 ROADSIDE SIGN(ONE WAY RIGHT AS $ \ oS-GO $ J'sS.D() -R6-IR) 22 3 ROADSIDE SIGN [( RIGHT LANE AS $ \ '6').00 $ sSS 'Oc:> MUST TURN RIGHT SYMBOL )(R3- 7) (24" X 30")(WITH POST)]. 23 3 ROADSIDE SIGN [( KEEP RIGHT AS S '''\,S-o::> S 6'$'';). <.D SYMBOL)(R4-7) (24" X 30")( WITH POST)]. Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 Addendum No.3 7117/06 4 24 8 RELOCATE EXISTING EXISTING EA $ \DO'oO $ <tOO.d::> SIGNS 25 4 REMOVE END OF ROAD EA $ 00.00 $ 2=-GD MARKERS 26 4 RELOCATE TRAFFIC SIGNAL EA $ ;;L<:::c:QOD $ <i\)OO'oa BOXES 27 60 GUARDRAIL (ROADWAY) LF $ lOb-CO $ \PCOO - cc= (INCLUDES THE COST OF SHOP PANELS) 27A 2 SPEED LIMIT SIGN(R2-I) AS $ liS- DO $ '3iO.cJ.:) 27B 80 SOLID TRAFFFIC STRIPE LF $ I -'t;O $ I'-ILl-= (I8"YELLOW)(T) PA YEMENT MARKINGS 28 73 SOLID TRAFFIC STRIPE (24" LF $ 2-....0 $ Zo-\.yO WHITE) (TIIERMOPLASTIC) 29 316 SOLID TRAFFIC STRIPE (12" LF $ Q. "'-;- $ ZD5.'\D WillTE) (TIIERMOPLASTIC) 30 1,710 SOLID TRAFFIC STRIPE (6" LF $ O'~a $ lo'b\{'= YELLOW) 31 1,755 SOLID TRAFFIC STRIPE (6" LF $ 0',-\0 $ '1D2. cD WHITE) 32 1,115 SKIP TRAFFIC STRIPE (10'-30', 6" LF $ O''-t\) $ 4L{Io.= WHITE) 33 II DIRECTIONAL ARROWS EA $ 4;5.= $Lf?'5.()C) (TIlliRMOPLASTIC) 34 93 REFLECTNE PAVEMENT EA $ 5'<'/5 $~'1.-3-) MARKERS PERMANENT (BI. DIRECTIONAL) AMBERJAMBER 35 4 REFLECTIVE P A VEMENI EA $ 3.'1.S- $ IS,"D:l MARKER PERMANENT (CLASS B) (B1-DIRECTIONAL)(CLEARlRED) 36 REMOVE THERMOPLASTIC LS $ \ ?.l<ob.O() $ \ 2\.p~.oa SUB-TOTAL $ ~1,o.. '5"SCi.-\je;- I Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 Addendum No.3 7/17/06 5 STORM DRAINAGE 37 589 PIPE CULVERT- 24" DIAMETER LF $ 131.00 $ '1'1, 1S"10 0 38 233 PIPECULVERT-18"DIAMETER LF $ Cft. CV $ 22,'l:t-l,oo 39 3 INLET, CURB (TYPE 1'-6)< 10' LF $ 5S'1'} CD $ \ \P,lo'-1I.00 40 INLET CURB (TYPE 1'-5 )< 10' LF $ J\{'b'OO $ ;:JI 2.1; . 00 4] 3 INLETS (CURB) TYPE 1'-4< 10' LF $ 5~"S.D() $ 1~,\c>C).= 42 3 MANHOLES, J-7, >10' EA $ '-A<{.\o.OO $ 1~,q~'(;.OO 43 4 POLLUTION RETARDENT EA $ Y1. D-l'\.' oa $ Z27..\S'l...= BASINSIDRAINAGE WELL (6X6X8) 44 7 DRAINAGE STRUCTURES, EA $ '1'1D.OC $ l61eD.QG MISCELLANEOUS, ADJUST 45 75 ABANDON FRENCH LF $ 4').to $ .3'5;l>DO DRAINIEXFIL TRA nON TRENCH SUB-TOTAL $ 2A\ ,'SZ2.DQ LIGHTINGIELECTRICAL 46 14,200 2" PVC SCH 40 CONDUIT, LF $ 1'-t.100 $ dC'l, -;)'lD.OO FURNISH AND INSTALL, COMPLETE IN PLACE 47 700 2" PVC DIRECTIONAL BORED LF $ ~'2.~ $ -;;1;;( \ !oID.co CONDUITS UNDER EXISTING ROADWAY 48 II,800 #6 XHHW CONDUCTORS, LF $ ~)' f"D $ 4:2, \.fID.OO PROVIDE AND INSTALL 49 II INSTALL NEW SINGLE FIXTURE EA $0l5~.CD $ ;;n, "1>(J.). CD AND POLE, COMPLETE IN PLACE Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 Addendum No.3 7/17/06 6 50 13 INSTALL NEW SINGLE fIXTURE, EA $~530-Dtl $ ~1'iRD'OO POLE AND BANNER ARM, COMPLETE IN PLACE 51 MODIFY EXISTING SERVICE EA $ \.1. \.p -:~)' ~ U $ \ ;;!("S.,O POINT A 52 2 RELOCATE EXISTING STREET EA $ d<.>(jJ. ID $ '5~oO'20 LImIT POLE, FURNISH AND INSTALL NEW PULL BOX AND CONCRETE BASE, COMPLETE IN PLACE 53 RELOCATE LIGHTED STREET EA $ c]~L\9'''i;o $ ~Ol.'-A. "60 SIGN, CONCRETE BASE AND SIGN TRANSFORMER, FURNISH AND INST AI.L NEW PULL BOX COMPLETE IN PLACE 54 2 RELOCATE EXISTING PARKING EA $ ~d.~-~() $ 44'1'1' ("D LOT LIGHT POLE, FURNISH AND INSTALL PULL BOX AND CONCRETE BASE, COMPLETE IN PLACE 55 NEW PULL BOX, FURNISH AND EA $ WW'd.D $ ~~\o.20 INSTALL, COMPLETE IN PLACE SUB-TOTAL $ LANDSCAPE AND IRRIGATION 56 II COCOS NUCIFERA 'GREEN EA $ O?LP\D-OO $ ,;;>'t.'110.DO MALAYAN' (COCONUT PALM) 57 5 ROYSTONEA ELATA (FLORIDA EA $ OIC:-1.0-00 $ 10, OSO' 00 ROYALPAIM) 58 5 VEITCHlA MONTGOMERYANA EA $ 'I l()' 00 $ ~~S(). = (MONTGOMERY PALM) 59 450 FICUS MICROCARP A 'GREEN EA $ 11.: 00 $ -:51.\0)- 01::) ISLAND' (GR. ISLAND FICUS) 60 1,275 JASMINUM VOLUSILE (WAX EA $ q.OD $ \ I, 1..\,"S.oo JASMINE) 5'00 61 945 SEASONAL COLOR EA $ $l.\ Id-S . 00 62 TREEJP ALM REMOVAL & LS $ 1;3.00.(:0 $ I L..-CX::>'oo DISPOSAL Miami Gardens Drive Extension City of A ventura Bid No. 06-07-24-2 Addendum NO.3 7/17/06 7 63 2 RELOCATE ROYAL PALMS EA $ 'lIJD'DO $ 1\./00'0(, 63A 8 RELOCATE MEDJOOL PALMS EA $ lOaD' 00 $ '1;OOO.CC> 63B 53 I" WATER SERVICE FOR LF $ '00. dc) $ IsqO.OQ IRlUGATION 63B CONNECTION I" SERVICE TO EA $ dSOO.ob $ 01'5\.:)0.00 EXIST WATER MAIN 64 235 PREPARED SOIL LAYER- CY $ on; -00 $ (pS'i)O'= ORGANlC SOIL LAYER, 6" 65 ! IRRIGATION LS $ 3Lj ;&\b'OO $5Ll,<(;\'t;.= SUB-TOTAL $ \ :,,,\,qq'{.. at:> US-! LEFT TURN LANE CONSTIWCTION ROADWAY IMPROVEMENTS 66 724 12" SUBGRADE STABiliZATION SY $ 1'-1.-00 $ \O,I':;k>'= 67 560 12" LIMEROCK BASE SY $ 41.-00 $ d.?,'S;lO.ol:) 68 547 3/4" FRlCTION COURSE (FC-5) SY $ (700 $ T) \\\.00 , 69 560 STRUCURAL COURSE (TYPE SP) Sy $ It:>.oo $ 0<0<.:0.00 70 4,222 MILL EXISTING ASPHALT (3/4" SY $ .<./.00 $ \tp,"6~' = MINlMUM THICKNESS) 71 4,222 3/4" FRlCTION COURSE FC-5 (RE- SY $ \~OO $ '5'4,'Uto.oa SURFACE INTERSEcnONS) 72 250 TYPE "D" CURB LF $ tfi,'7~ $ I ~,\ 't'l.$O 73 0 REMOVE EXISTING PAVEMENT SY $ 5-DD $ ~ 74 366 REMOVE EXISTING CURB & LF $ 15-"50 $ '5wl~-OO GUTTER , Miami Gardens Drive Extension City of Avenlura Did No. 06-07-24-2 Addendum No.3 7/17/06 8 75 145 REMOVE EXISTING "D" CURB LF $ 1"'S'SO $ l L~C)'-sa SUB-TOTAL $ l::>'b I ;;Lyq.oo SIGNS 76 3 RELOCATE EXISTING SIGNS EA $ \0(:>-= $ 300. dc> 77 2 RELOCATE TRAFFIC SIGNAL EA $ ~(Xf,). CC:> $ l...\ey:;{).Oo BOXES 78 REMOVE CONCRETE POLE EA $ \;;200. 0() $ 12CD. QO SUB-TOTAL $ 6'5 e:o. Ob l' A VEMENT MARKINGS 79 87 SOLID TRAFFIC STRIPE (24" LF $ 2.~D $ ;;l<..\.s.loa WHITE) (I1lERMOPLASTIC) 80 405 SOLiD TRAFFIC STRIPE (18" LF $ l'bO $ ry.;A-DC YELLOW) (THERMOPLASTIC) 81 703 SOLID TRAFFIC STRIPE (6" LF $ O'bS"" $ Ll"5I.D .'15" YELLOW) 82 428 SOLID TRAFFIC STRIPE (6" LF $O''''~ $ ~'1'b'.;lO WJUTE) 83 1,489 SKIP TRAFFIC STRIPE (2'-4', 6" LF $ O'b5 $ q ls>'1.1,<; WHITE) 84 3 DIRECTIONAL ARROWS EA $ <.\5.0<= $I~'DO (THERMOPLASTIC) 85 52 REFLECTIVE PAVEMENT EA $ Q''1') $ d\YS'~O MARKERS PERMANENT (BI- DIRECTIONAL) AMBER/AMBER 86 REMOVE THERMOPLASTIC LS $ 11.'5\:)'0<:> $ 1'2">0.= SUB-TOTAL $ \"\2.lo\o.ca STORM DRAINAGE 87 5 DRAINAGE STRUCTURES, EA $ '1'1D.\x) $ l.\CJ5Q.CO MISCELLANEOUS ADJUST Miami Gardens Drive Extension. City of Aventura Bid No. 06-07-24-2 Addendum No.3 7/17/06 9 SUB-TOTAL $ L\: q -'S\:)' DO SIGNALlZA nON 88 2 CONCRETE CLASS I CY $ 2> \ S -1(0 $ Cp~\,20 89 78 CONDUlT (UNDERGROUND) (2" LF $ liJ'~ $ ll..\:l-l).'-I.tJ PVC) 90 1,489 CONDUIT (UNDER PAVEMENT) LF $ 32,~ $ Lt't ,01 ,\.(0 (2" PVC) 91 CABLE (SIGNAL) PI $ 'J~'l.'lO $ '5;>.j~". ")0 92 100 CABLE (INTERCONNECT) LF $ 5. c<::> $ 500. DD 93 13 PULL & JUNCTION BOXES (pULL EA $ 5$,;>, 'So $ rY2.L\.SC:> BOX) 94 PULL & JUNCTION BOXES EA $ \~\p't. 20 $ \~,z.o (INTERCONNECT) 95 ELECTRICAL POWER SERVICE AS $ ODes. :x> $ -007,S.?O 96 135 ELECTRICAL SERVICE WIRE LF $ ::>.l.CO $ '-lb\o' 00 97 MAST ARM ASSEMBLY [SINGLE AS $ 2. I, ')C\g.5D $ QlI,,"l9.-50 ARM] - 649-713-002 98 MAST ARM ASSEMBLY [SINGLE AS $ l.5,C{OS. CD $ ZS,CfQ5.C;O ARM] - 649-715-003 99 MAST ARM ASSEMBLY [SINGLE AS $ df" 't;l:,lf. BO $ db,%4'W ARM] - 649-717-006 100 MAST ARM ASSEMBLY [DOUBLE $~nlL\~.1cD $ 31, 1..\'~'-7,l.>o AS ARM] - 649-726-404 101 SIGN STRUCTURE (MAST ARM AS $dO,I~-"70 $ ;)5,1.;>\..>:)D ASSEMBLY WITH 2-SIGN PANELS) Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 Addendum No.3 7/17/06 10 ]02 10 TRAFFIC SIGNAL HEAD AS $ IDo:1.qO $ \D,o<:::jCl.Oa ASSEMBLY (I-WAY, 3 SECTION) 103 2 TRAFFIC SIGNAL HEAD AS $ 13':)7.''){) $ a-4'lpT).oo ASSEMBLY (I-WAY, 4SECTION) 104 3 TRAFFIC SIGNAL HEAD AS $ 1~S1;.qD $ '-I~I)li>-'lD ASSEMBLY (I-WAY, 5 SECTlON) 10S 2 PEDESTRIAN SIGNAL AS $ IlL7.C\() $ .;l '-\ ~'-\ ."{,D [COUNTDOWN] 106 7 LOOP ASSEMBLY [LEFT TURN AS $ r)bS .~ $ :5'500.\d:) LANES (5' X 30')] 107 4 LOOP ASSEMBLY [TIIRU & RJGIIT AS $ 7'f)S !{.O $ 3\~~.~ TURN LANES (6' X 30')] 108 7 LOOP DETECTOR, INDUCTIVE EA $ ~.')O $ \D5~.qO 109 TRAFFIC SIGNAL CONTROLLER EA $\Cj,fDl1'1,O $ \'1, LPOf\ .~D ASSEMBLY [MODEL 170 (EXTENDED CABINET)] 110 \<.'-l<i;.:co \ .;1 '-I 't.:::D SYSTEM AUXILIARIES EA $ 1'2''(~ ~D~ $ [TELEMETRY TRANSCEIVER] III I SYSTEM AUXILIARIES EA $ \~41;-OO $ \d\.\'b:~ [UNIVERSAL ADAPTER] 112 14 REMOVE TRAFFIC SIGNAL HEAD EA $ 1~0'''i:c::. $ \~'1 \ .~O ASSEMBLY 113 4 POLE REMOVAL (SHALLOW) EA $ \10>'1,"1.30 $ (P 'T51')..;Jo [BOLT ON ATTACHMENT] 114 I REMOVE CONTROLLER $ :5h~)' 10 $ ~(PO'\O EA ASSEMBLY 115 REMOVE CONDUIT AND $ llo~'~O $ \ 1o'iA ''00 PI CABLING 116 REMOVE MISCELLANEOUS PI $ c2aSd. 40 $ ~5Ol''-10 SIGNAL EQUIPMENT (PULL BOXES) Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 Addendum No.3 7117/06 II 117 4 SIGN PANEL [D3-IS, STREET EA $ \lo'-\I)'lD $ loSClHO NAME SIGN] (MAST ARM MOUNTED) 1]8 2 SIGN PANEL [RJ-4, NO V-TURN EA $ \()~,S1.D $ ~\I),-\. 'II) SYMBOL] (MAST ARM MOUNTED) SIGN PANEL [RIO-lIB, NO TURN EA $ \DS~'dO $ \ ()'S'dO>O 119 ON RED] (MAST ARM MOUNTED) IRRIGATION 119A ABANDON EXISTING EXIST. IRRIGATION SYSTEM LS $ -500'00 $ GDo. CO SUB-TOTAL $ d. '6~ , \ q;~ . '1 0 ALLOWANCES 120 PROVIDE TRAFFIC CONTROL BY TIm A VENUTRA POLICE DEPARTMENT LS $10.0000.00 $10.000.00 TOTAL VALUE OF BID $ ~ \ ,:)d~ ,'l'i,'t. DO , End of Addendum #3 Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 Addendum No.3 7/17106 12 SIGNATURE PAGE FOR AN INDIVIDUAL If BIDDER is: AN INDIVIDUAL By: (Individual's Name) (SEAL) doing business as: Business address: Phone No: Facsimile No: Miami Gardens Drive Extension Cilyof Aventura Bid No. 06-07-24-2 CfA Project No. 01-0103.056 00410-14 SIGNATURE PAGE FOR A PARTNERSHIP By: (Firm's Name) (SEAL) (General Partner) Business address: Phone No: Facsimile No: Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00410 - ]5 SIGNATURE PAGE FOR A CORPORATION By: Williams Pavinq Comoanv, Inc. (Corporation Name) Florida (State of Incorporation) By: Ron Smith (Name of Person Authorized to Sign) Vice President (Title) (Corporate Seal) /l ^"i~~7 Jose Rodriquez Business address: 11300 NW South River Drive Medley, Florida 33178 Phone No: 305/882-1950 Facsimile No: 305/882-1966 Miami Gardens Drive Extension City of A venrura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00410 - 16 (President) SIGNATURE PAGE FOR A JOINT VENTURE (Each joint venture mUst sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00410.17 CERTIFICATE OF AUTIlORITY (IF CORPORATION) STATE OF Florida ) ) SS: ) COUNTY OF Miami -Dade I HEREBY CERTIFY that a meeting of the Board of Directors of the Williams Paving Com ,Inc. a corporation existing under the laws of the State of Florida , held on JW1e 20 01 , the following resolution was duly passed and adopted: "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated, Julv 24 ,20~ ,to the City of Aventura and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation. . I further cenify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 24 '~ Rc,20 06" Secretary: ~ Bett~~Jn Rodriguez Miami Gardens Drive Extension City of A ventura Bid No. 06-07.24.2 CTA Project No. 01.0103.056 00410 . t8 CERTIFICATE OF AUfHORITY (IF PARTNERSHIP) STATE OF ) ) SS: ) COUNTY OF I HEREBY CERTIFY that a meeting of the Partners of the a corporation existing under the laws of the State of , 20 , the following resolution was duly passed and adopted: , held on "RESOLVED, that, ,as hereby authorized to execute the Bid dated, 20 partnership and that their execution thereof, attested by the shall be the official act and deed of this Partnership. " of the Partnership, be and is , to the City of A ventura and this I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 20 , day of Secretary : (SEAL) Miami Gardens Drive Extension City of A ventura Bid No. 06.07.24.2 CTA Project No. OHll03.056 00410. 19 CERTIFICATE OF AUTHORITY IF JOINT VENruRE STATE OF ) ) 55: ) COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the a corporation existing under the laws of the State of , held on , 20 , the following resolution was duly passed and adopted: "RESOL YED, that, as of the Joint Venture be and is hereby authorized to execute the Bid dated, 20, to the City of Aventura official act and deed of this Joint Venture. "I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,20_. Secretary: (SEAL) END OF SECTION Miami Gardens Drive Extension City of A ventura Bid No. 06-07-24-2 CTA Project No. 01-{)103.056 00410 - 20 SECTION 00420 A WARD PREFERENCE FOR IDENTICAL TIE BIDS Whenever two or more Bids which are equal with respect to price, quality, and service are received by the State or by any political sulxlivision for the procurement of conunodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifYing the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the COmmodities or contractual services that are under Bid a copy of the statement specified in subsection (I). In the statement specified in subsection (I), notifY the employees that, as a condition of working on the COmmodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENDOR'S SIGNATURE: ~M- - Ron Smi tb END OF SECTION Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00420 - 1 'l'o)VVV, VV SECTION 00432 BID BOND STATE OF FLORIDA ) ) COUNTY OF DADE ) NOW ALL MEN BY THESE PRESENTS, that we, WILLIAMS PAVING CO., INC. , as Principal, and Liberty Mutual Insurance Company , as Surety, are held and fumly bound unto the City of A vemura, a municipal corporation of the Slate of Florida in the sum of Five Percent of Amount Bid . Dollars ($ 5% ), 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, fl11Illy by these presents. THE CONDITION OF TIDS OBLIGA nON IS SUCH that whereas the Principal has submitted the accompanying Bid, dated Jul y 24 , 20 ~ for: MIAMI GARDENS DRIVE EXTENSION; BID NO. 06'-07-24-2 WHEREAs, it was a condition precedent 10 .the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (5 %) of the Base Bid be submilled with said Bid as a guaJ"amee that the BIDDER would, if awarded the Conrract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after wrinen notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal . within ten (to) consecutive calendar days after wrinen notice of Such acceptaoce, enters intO a written Cootract with the citY of Aventura and furnishes the Performance and Paymenl Bonds, satisfactory to the City, each in an amount equal to one hundred pe.rcem (100 %) of the Comract Price, and provides all required Certificates of Insurance, then this obligation shall be void; ~erwise the Swn herein stared shall be due and payable to the City of A venrura and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United Stares of America, as liquidated damages for failure lhereof of said Principal. Miami Gardens Drive Ex:tension eiry of Aventura Bid No. 06-07-24-2 eTA Project No. Ol-D103.0S6 00432 - 1 IN WITNESS WHEREOF, the above bonded panies have executed this instrument under their several seals this 24th day of July ,20~ the ruune and the corporale seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: 11300 Northwest South River Drive (Business Address) By:~.,..'(li (Impress Seal) Ronnie Smith, Vice President Williams Paving Co., INc. (CIrrporate) (Individual or Partnership Principal) Medley, Florida 305-882-1950 (Business Telephone) 33178 (City IScatelZip) 305-882-1966 (Business Facsimile) ATTEST: As per attached Power 0 ttoruey Secre~. /I By: iJ7~ Charles D. Nielson, Attorney-in-Fact *Impress Corporate Seal ' and Florida Resident Agent IMPORTANT Surety COmpanies 'executing bonds must appear on the Treasury Department's most Currellt list (circular 570 as amended) and be authorized to transact business in the State of Florida. (Corporate Surety)' Liberty Mutual Insurance Company END OF SECTION Miami Gardens Drive Extension , City of Aventura Bid No. 06-07-24-2 eTA Project No. 01-0103.056 00432 - 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REO BACKGROUND. This ,Power of AUorneyHmits the acts of -those named herein; and. they have no authority to bind,the Company except in the manner and to the exte,nt herein 'Stated. 1903239 LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW' ALL _ PERSQNS. 'I3Y THESI::.. --PRESENTS: TtJal. Liberty, Mutual _lllsuranc'e Company (Ule .Company"), a Massachusetts stock insurance cornpany, porsu<:~.nl tO,and, by authority-.of the ~y:_law and "Authorization t:lefei'1att~r-,s~1 fQr:t;h, does_Dereby name, constitute and appoint MARY C. ACEVES. CHARLES J. NIELSON, WARREN ALTER. KRIST! ME$SEL, LAURA CLYMER. CHARLES D. NIELSON. NICOLE M. WIlliAMS, DAVID R. HOOVER. ALL OF THE CITY OF MIAMI LAKES, STATE OF FLORIDA........................... ........~.u......_................~.........u........_......._..............._....u.......u......__.........:...~...~......n.................................................................. , each individuaUy.if tt,lere: be mOre- than :one named, its Jru_e ,.and lawtul-a'ttorlley-in--fact to make, 'execure, seal, acknowledge and deliver, for and on its behall as surety an<! as its apt and deed, any and all Uhdertakings, bonds, reGognizances and olher .urety obligations in the penal sum not eXGeeding fiFTY MILLION AND 001100...........-....... DOLUlRS ($ 50,000.000.00..... ) each, and Ihe M:ecUlion {:if ,such -und~rtakings,. - bOnds', recogll_iiances -and- ather -surety obhga-tions, '-in pursuance 01_ these p.resenls, shall be as bindIng upon the Company as:if:ttley had -peen puly sigo~ by the pres_ide'nt find att!lsted'bY'th.e,_secretary _Qf the,Ccimpitny-__in-their own proper persons That.thiS-P!Jw~ri~ {T.@d~'aYld t}'X~Ul~::-?u~_$~nt to,and bY-I1_lith?oty'Of the:~ollowing By~JaV! and Authorlzatio"-: - ARTIGU: XIII,~ ExeCUfj~ of~o~~acts: SedjcH\.5._Su~ety:BornJ$ a:~d -Uridertakiqgs. _ _- >_-A~y office_r pf.IhEr,~~y_, ~uttiori_zed Jo~.~t -,I?u,rpcJse.:!r\. wtitin9_:by.-th~___ch~irrnan"or- the :p~esi.{jent; and subject -to, such lil~itations as the -chai~n :orJha pre?j<,teflt-'mayJ)~eSClibe-;:~haft:8ppoint:soclratt'Qrneys~.in~fact, -'aSJnay Qe,nec&s~rf~o -act,in -~h(lU .of.the CO(Jlpany _to make, exeCute, '-s~a1, --a_c~~dge-_ail<J~:d~Jive.r. ~~s suretY -ariY"Jlrid :81I_:_Qr'!de~ngs,-__bCiodsr',recqg_niza.n<,;es -a~ _9lt1er -surety -obligations. $UGh -'- _att?i1le:ysdn~lact. $Ubl!:lCt-to,,~ lirn(tatiom;-set-.forth-lu,meir-re~ti\'e--powe(S,.of,~ttorney._ shall have fttll pOW(3":-to bind .Ole COmp~ny by-their -' -SI,9Dator{!'arld:~xeCuti90_Yf anY-'suCh_ -hjstrurnents:ar!d io ClttiiCh-itlereto -the_.se~I-{jI,_the, 'Comp@ny:,-Wheh:sQexecuted svch instruments shall be; . a~.pir!di.n_g _as ir-~igned, 9Y ~Eft>r_e-sid~nl"ar:id -~ttes~Sl! ,~y th~:s~et~ry~ - . -,- - . -, - . -~- in o 0- 0> '0. ~_-._-~: ,BY.th~ _-~~i<?win9-:i~~.~:t -tp~:~ha!~..~.~h(t;'R~esi~~-nrha,~ ~~iil~-~-~~ce(o~ oitt~r official named f!l'eteifl'to ap~nt_ att6~eys:.jh~JaC1: (0.,..... DC ;;;t'e 'g~ ;~',_C), - '."" -' _ _ - ._--"-- _ _--; _ .-. -, - --. ':_ .__' _- ,_ _ ._-. _:-. . _ _ _ ~:-_~~ that tl1e--By~l;,=!w-aridJh~ AlittlQriz'atioO.,$_8t fo'ith abOve are t(iJe_--cQpies-:the-rooJ.a9d ~re novv,in fuh force -and -i;!f1ect. ,0;16' _m_'?":' =::(0 tV'-_ . +.---:,- ;;::-0, 1:_'- m~,~ ,.2,,-,,;, ,G. 0_ o,e ,c:: -ta - - - " -- . - Ii;:. COMMONWEALTH OF PfNNSYLVANIA 55 ~ :lCQ\JN:fY OF MONTGOMERY -o'-.f> - ^ _ 1:;.<: On this 1~lh ~ day of March~ . . 2006 ,before rTl<l;.~a:Notaty ""blic. persoi1alty Came Gamet W. Bliott; to me known,. and acknOwledged . -- -tha!:;jje~is iln:~sSisl<iO!~S~t~~ry.o(_-Pf!.er:tY -MLI~ual:_ln~u~ance:comj:1any; that~he,1(nows--the_.seal-Qf--~id.corporafjOf!; 'and .tha1 he -execut8(J, th~ _abov.e ~~. PowerOI~Attomey andiltfixed lhe:coljlOrate seat of Uberty Mutual jnsurance.Company therelO wilh the authodty and al the d"eGUon 01 said corporatioo. -. 0: ',CO': '. :__ " _ :: _ " '_ " _ _' " _ '_ ___ _ ,_ _ _- _ _ ' _ . -;j- '-~ -JNt~$!-jM6~Y;:~H " . _ __ - ~ _llttt~.$iJ~Cribed,:'my'~e-arid affixed-:"W notariai ~~rat Plymouth Meeting,_ PennsYlvania. on the day -and y~ar ::::".0 flrsrabovewnllerL _<c':.....*O~W&'-_<- ",-_ '. _-:._:-:-:---".._--____:__. ,--__._-,-__:: "_- _. , It C '" O~~ ~ 'Y" (" ^",H PENN "'-VANIA ...h-.. /J i~ "t> ~?~,5~~ BY~~ ~ -1.... ~~. ~\,,~~~",(J ....:.~::..~== _... T er.sa Pastell.. Notary Public CERTlfICAT~ '- '-'J;,flY ~'y " 1: the :~~ersi9ri~ed.~,A~l!~JaQ __ ~relatY 9f _l:jQ_~rty Mu~ai In~u.~anee' cbmpanr-;-dQ'-hereby 'CSrtlty:,that-ltie _~rjginai_ ppwer of, ~ttoriie_y -ofwt,lich :the ~oregoing is ,a',f~ll;,true-,aod-:~o~re9t',~y:_ls_ird_ulJ.forc:e ,and:effec!;:6fj tbe:da~-:cil__thi_S--_Cetti~~t(3;_:ar1_~,LdO-.fiirther,__~ertlfy tf1at-tha_-officer.'o~ official ~hO eX€0Jted the ~id ,~ws:r _ Of.-anorney::ls: aD ^-S$ist~nl-S.~(fr~tary--sp~_c,iaJIY-:authorlz:ed "by. the --Cl1aiUnao --or the presJdent _~?-,aPpQint attQrTleys-in-fact as provil;leo in Article XI1!;:~i0f15_:~lthe_Bycfaws-ofLib~rtY.Mu:tuaIJnsur8nce__COtTip.~ny.,' , - -' -. --. - - - - , -- '. . - - - , -. -- - IN WITNESS WHEREOF..lhis~Power ot Attorney has been su~scnbed by <u1 authorized offic~r or official ollhe Cotnpatly and the corporate seat 01 Liberty MuluallnsuranceCompanyhas been affixed therelo in f'lymouth Meeting; Pennsytvania~lhis 13th day of. March ~ , 2006 .. ~ ~~. ~ ~ ~ ,. -, . LIBERTY MUTUAL INSURANCE COMPANY ByQ 4- N_ a<~ ,Giur~etW, H~iottj"A~sts.tant Se~retary . -. . . -Thjs'-f~i1alC<i~e ,af1d-, tti.e':-ah<?_'{e :P9~e~- ,of- aJtomey may_.oo -si.9:f!'e9 :l"?Y '-t~~irnile"-9r: rnechahicaily' -re'prodUGed .:si.gnatu_re~ _ under and by authority of 'the f6110:wihij:vDte~Qf-t,he board ()f:dires;t6rs of Uberty Mutual'lnsur~nce Ccimpany a.t_-a me-e~ng dUly called an~ttield_'on the 12th day of March.. ~980. - - . -' - . -- - - . VOT~9 that,__th_e-'fa9S11riil.~-_-or -mechal)i~'any rep_i:6due'il6 signatiire tj( any assista{it -secre_tary- 'orthe c~mpany., wherever appearing LlPO~ to c~rtifie:d _coPy of-a.ny POYi~.r ot-attqmey i$S,~ed_:by--tt1e--C(KilPilhY In p.onnecJion witfJ Surety_oof]ds. shall :be vali.c!:a_nd binding upon the :compan) -w~h,the-~me_foroe and._effect as thougt) r'n.an';lal1y ~fff~ed. '. - - . - IN TESJh~~~ VVH~:,~E?'1b~a&~':h.ereu~o SUbS~(ib~d',_my-.~_~~e"an~_ ~ffixed: lhe-torpO,rat~ seal.of th~ s~a)_(j-~ompany,~.i.s 24th day 0 ~~.,~,..< r""'. 'C ~fl- ,.,; -- '~ ":;'-&:.'1 ~-=P SECTION 00434 LIST OF PROPOSED SUBCONTRACTORS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. CLASSIFICATION OF WORK MILLING PA VlNG ROADWAY DRAINAGE TRAFFIC SIGNALS LANDSCAPING IRRIGATION ELECTRICAL STREET LIGHTS CONCRETE PAVEMENT MARKINGS NAME AND ADDRESS OF SUBCONTRACTOR !I;J k;Talt - 4310 N-I 35 !Me., Miani 33142 !I;J k;Talt - 4310 N-I 35 !Me., Miani 33142 Sill' Sill' S::ut:Ta.'6t. Ud"lJ.~urn - EO B:oc 9A>>, IT ~ ~~ HlaX O:W< N.lrs3:y - ~ ~uili !Me., Oral~ 146 HlaX O:W< ~ - ~ M=r.uili !Me., O::lral ~:~46 S::ut:Ta.'6t. M~4L~ - EO fux m1, Ft La.rHd3le ~ S::ut:Ta.'6t. U 1b.4Lurn - EO fux 9A>>, Ft 1a.tErdlle 10 Sill" JIiM H\dctm Itt - fB5 Ea3t 51 StrEet, Iiialfffi nm This is not an order END OF SECTION Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 erA Project No. 01-0103.056 00434 - 1 SECTION 00450 BIDDER QUALIFICATION STATEMENT The BIDDER's response to this questiolUlaire will be utilized as part of the City's overall Bid Evaluation and Contractor selection. 1. Number of similar Projects completed with a contract price in excess of $100,000.00: a) In the past 5 years 43) On Schedule All Original contract price overrun average % 2% b) In the past 10 years 8J) On Schedule All ~ Original contract price overrun average % .0 List last three (3) completed Projects with a contract price in excess of $100,000.00. Project Name Please see attached. Owner Name Owner Address Original Contract Completion Time (Days) Original Contract Completion Date Actual Final Contract Completion Date Original Contract Price Actual Final Contract Price Project Name Owner Name Owner Address Original Contract Completion Time (Days) Original Contract Completion Date Actual Final Contract Completion Date Original Contract Price Actual Final Contract Price Project Name Owner Name Owner Address Original Contract Completion Time (Days) Actual Final Contract Completion Date Original Contract Price Actual Final Contract Price Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00450 - 1 WilLIAMS PAVING CO., INC. BALANCE SHEETS December 31, ASSETS CURRENT ASSETS Cash and cash equivalents Contracts receivable, less allowance for doubtful receivables of $30,000 in 2005 and 2004 Marketable equity securities Costs and estimated earnings in excess of billings on uncompleted contracts Prepaid expenses Costs on unapproved change orders Total current assets PROPERTY AND EQUIPMENT - AT COST Less accumulated depreciation OTHER ASSETS Deposits LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES Current maturities of long-term debt Accounts payable Accrued expenses Income taxes payable Billings in excess of costs and estimated earnings on uncompleted contracts Total current liabilities LONG-TERM DEBT STOCKHOLDERS' EQUITY Common stock - 500 shares of $100 par value authorized, 182 Y:z issued and 81 outstanding Additional paid-in capital Retained earnings Unrealized holding gain (loss) on available-for- sale securities Less: 101 Y:z treasury shares, at cost 2005 2004 --~----_.- $ 2,839,459 $ 2,346,860 4,173,755 3,587,118 546,960 383,993 70,074 159,756 85,257 210,945 61,822 7,715,505 6,750,494 7,883,716 7,169,609 5,605,432 5,462,610 2,278,284 1,706,999 3,221 2,740 $ 9,997,010 $ 8,460,233 $ 459,287 $ 399,087 2,122,425 1,670,757 61,831 47,898 2,155 298 1,314,892 515,158 3,960,590 2,633,198 434,057 480,044 18,250 18,250 18,939 18,939 7,382,726 7,104,074 (12,775) 10,505 7,407,140 7,151,768 1,804,777 1,804,777 5,602,363 5,346,991 $ 9,997,010 $ 8,460,233 The accompanying notes are an integral part of these statements. 2 o IAIILLIAIfAT,5; @ ~~,9M. OFFICE 11300 N.W. SOUTH RIVER DRIVE. MEDLEY. FL ~13178 TEt.I::PHONE: 305-fJ82-1950 FAX ~:I05-882-1966 COMPLETED PROJECTS -- DESCRIPTION YEAR OWNER CONTRACT OF WORK AMOUNT COMPL. CITY OF HIALEAH WEST 14lli PAVING, SITE WORK, 2,519,955.95 2005 501 PALM AVENUE LANE DRAINAGE, HIALEAH, FL 33010 CONCWORK, LANDSCAPING, P A YEMENT MARKINGS SIGN AGE CITY OF HIALEAH S.E. 9w COURT PAVING, SITE WORK, 685,820.11 2005 50 I PALM AVENUE DRAINAGE, HIALEAH, FL 33010 CONCWORK, LANDSCAPING, PAVEMENT MARKINGS, SIGNAGE CITY OF HIALEAH WEST 30"- PA VING, SITE WORK, 1,777,530.45 2005 501 PALM AVENUE DRAINAGE, HIALEAH, FL 33010 CONCWORK, LANDSCAPING, PAVEMENT MARKINGS, SIGNAGE -- CITY OF HIALEAH WEST 16lli PAVING, SITE WORK, 706,485.60 2005 501 PALM AVENUE STREET DRAINAGE, HIALEAH, FL 33010 CONCWORK, LANDSCAPING, PAVEMENT MARKINGS, SIGNAGE CITY OF HIALEAH EAST I" PAVING, SITE WORK, 864,046.15 2005 501 PALM AVENUE A VENUE - DRAINAGE, HIALEAH, FL 33010 PHASE" CONCWORK, LANDSCAPING, PAVEMENT MARKINGS, SIGN AGE CITY OF HIALEAH WEST 78'" & PA VlNG, SITE WORK, 626,485.41 2005 501 PALM A VENUE 79'" STREET DRAINAGE, HIALEAH, FL 33010 CONC WORK, LANDSCAPING, PAVEMENT MARKINGS, SIGNAGE CITY OF HIALEAH EAST 42"' PAVING, SITE WORK, 193,78033 2005 501 PALM A VENUE STREET DRAINAGE, HIALEAH, FL 33010 CONCWORK, LANDSCAPING, PAVEMENT MARKINGS, SIGNAGE SERVING SOUTH FLORIDA SINCE 1952 2. Current workload - Projects in excess of $300,000.00 Project Name Please see attached. Owner Name Contract Price 3. The following information shall be provided for this project. a) Estimated total construction man-hours 4,267 b) Percent man-hours to be perfonned by Contractor's permanent staff 80% c) Pennanent man-hours to be performed by direct hired employees for this project zero d) Percent man-hours to be performed by Subcontractors 20% 4. The following information shall be attached to the bid. a) Contractor's home office organization chart. Please see attached b) Contractor's proposed project organizational chart. Please see attached. c) Reswnes of proposed key project personnel, including on-site superintendent. Please see attached reSl.lIres. 5. List and/or describe any: a) Banlcruptcy petitions filed by or against the BIDDER or any predecessor organizations -None b) Financial Statements -Attached. c) Any arbitration's or civil or criminal proceedings:"; Attached d) Judgments related to quality of worle or dishonest dealings -None e) Instances where bonding or Surety Company had to complete worle or make fmancial senlement -Non f) Any tax liens against the company -None g) Ail professional licenses, registrations, permits or certifications held by company or any employees of your company within the past ten (10) years. -Attached h) Current status of all licenses. -Attached i) Any discipline taken against licenses. -None j) Any instances where COmpany has been investigated or disciplined by the Occupational safety and health Administration (OSHA). -Attachea k) Complaints fIles with the National Labor Review Board (NLRB) or the Equal Employment Opportunities Commission (EEOC) -None I) Suspension of contracts or debarring from bidding by any public agency brought against the BIDDER in the last five (5) years. -None Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 erA Project No. 01-0103.056 00450 - 2 IAl'ILLIAJ1'vII~ @ ~~,91(C. OFFICE 11300 N W. SOUTH RIVER DRIVE. MEDLEY, FL 3317A TE LEPHONC ~~OS 882-1950 FAX 305 882.1966 PROJECTS IN PROGRESS 1 Project Owner: Contract Amount % Completed: Completion Date: Bonded: 2 Project: Owner: Contract Amount % Completed: Completion Date: Bonded: 3 Project: Owner: Contract Amount % Completed: Completion Date: Bonded: 4 Project: Owner: Contract Amount % Completed: Completion date: Bonded: st East 1 Avenue, Phase III City of Hialeah 781 Thousand 88% 08/2006 Yes American Express Way City of Plantation 2.4 Million 46% ll/2006 Yes East 1st Avenue, Phase IV City of Hialeah 828 Thousand 90% 08/2006 Yes East 16th to 20th Street City of Hialeah 930 Thousand 75% 09/2006 Yes SERVING SOUTH FLORIDA SINCE 1952 5 Project: \Vest 77th Street Owner City of Hialeah Contract Amount: 620 Thousand % Completed: 66% Completion Date: 09/2006 Bonded Yes 6 Project: East 15[h Street Owner: City of Hialeah Contract Amount: 438 Thousand % Completed: 81% Completion Date: 10/2006 Bonded: Yes 7 Project: East 10th to East 15[h Street Owner: City of Hialeah Contract Amount: 1.1 Million % Completed: 44% Completion Date: ll/2006 Bonded: Yes 8 Project: Palm Avenue Roadway Improvements Owner: City of Hialeah Contract Amount: 510 Thousand % Completed: 65% Completion Date: 10/2006 Bonded: Yes 9 Project: NW 102 Road &: 116[h Way Owner: Town of Medley Contract Amount: 396 Thousand % Completed: 88% Completion Date: 08/2006 Bonded: Yes 10 Project NVv' 1th A venue Owner: Miami/Dade County Contract Amount: 3.7 MiI1ion % Completed 7% Completion Date 04/2007 Bonded: Yes 11 Project: West 60th Street Owner: City of Hialeah Contract Amount: 2.1 Million % Completed 39% Completion Date 01/2007 Bonded Yes 12 Project: Victor Wild Park Owner: City of Hialeah Contract Amount: 599 Thousand % Completed 55% Completion Date: 10/2006 Bonded: Yes 13 Project: East 43, 44, and 45th Street Owner: City of Hialeah Contract Amount: 1.3 Million % Completed: 43% Completion Date: 12/2006 Bonded: Yes 14 Project: East 22nd, East 23rd, East 24th Owner: City of Hialeah Contract Amt: 2.2 Million % Completed: 12% Completion Date: 05/12/03 Bonded: Yes E-< ~ :I: u ,..;] ~ z o >-< E-< ~ N >-< Z ~ '-' ~ o 1:: Q) Ul "d l'O "Vi 0 /l) -.c H '" p.. H Q) Q) ~6 > ~ s::: Q) Q) <.>'"0 >= Ow Q) 0:; H o (:) Q) .!:: ~ U o .0' ....... .... " t~ -.6 ~ '" " E '" .., ::s '" ~ l'O '" ~ ~ tS 2 - ~ '" 0 u Ul .1': Q) Q)P:: o - Q) l'O u Q) ,,"d '" " " Q) ~"E 5 .~ '" Q) ::sg. (/J '" - l'O o ." l'O <l) - l'O .C <l) g. (/J ::: Q) H U >, - ~ '" (/J l'O '" E Q) H o ~ 0. o ..c (/J ;3 E <l) 15 f.l-. Ul H ... :> .~ Q Ul u a '" ..c u o ::s Ul 5 - '" H <l) 8' ~, H ... E- o ::r: Ul H ... H o .D '" o-l dJ1~( OFFICE- 11300 N.W. SOUTH RIVER DRIVE:, MEDLEY, FL 33178 ~a:,9~. IAIIJLLIAItI.&" TELEPHONE 305-882-1950 FAX ~~05-882"1966 RESUME OF JOSE RODRIGUEZ 2000 - Present Williams Paving Company, Inc. President and CEO. Oversees all construction and accounting operations. 1988 - 2000 Williams Paving Company, Inc. Vice President In charge of bidding and operations. 1983 -1988 Williams Paving Company, Inc. Chief Estimator In charge of aU bidding and also involved in administrative tasks. 1975 -1983 Williams paving Company, Inc. Foreman In charge of aU underground utilities. Miami-Dade County, Florida Certificate of Competency C.C. No.: E23I3 Broward County, Florida Certificate of Competency C.C. No.: 88-1019 SERVING SOUTH FLORIDA SINCE 1952 '- 1AI1L.L.IAI/tAT.4!!!; @ ~~,~M. OFFICE: 11300 N.W. SOUTH RIVER DRIVE. MCDLEY. FL 33178 RESUME OF LA WRENCE L. COLLINS TELEPHONE FAX 305-882 1950 :::'\05 882.19C6 WORK EXPERIENCE June 2001 - Present Williams Paving Company, Ine. Vice President/Operations In charge of overseeing all construction/ maintenance projects and managing various accounts. March 2000 - June 2001 Williams Paving Company, Inc. General Superintendent In charge of all superintendents and project scheduling. Project manager for all City of Hialeah projects. August 1995 - March 2000 Williams Paving Company, Ine. Superintendent In charge of construction and project managing all City of Hialeah projects Nov. 1974 - May 1995 C & S Paving Company, Ine. Vice President/Owner In charge of construction, project management, estimating, administration and maintenance. Nov. 1974 - Nov. 1977 Sea-Bea Construction Company, Inc. General Superintendent In charge of construction and maintenance. Dispatched crews. May 1971- Nov. 1974 Sea-Bea Construction Company, Inc. Foreman Supervised construction, water-sewer drainage and concrete construction. Supervised a crew. SERVING SOUTH FLORIDA SINCE 1952 ./~ 1IIIIILILIAJIVW.4!f!j; @ ~~,9~. OFFICE: 11300 N_W. SOUTH RIVER DFlIVE. MEDLEY, FL 33178 lELEPHONE 305-862 1950 FAX 305-882.1966 RESUME OF RONNIE SMITH WORK EXPERIENCE 2001- Present Williams Paving Company, Inc. Vice President/Comptroller Assistant to President in all phase of administration. 1987 - 2001 Stiles Conveyors & Transmission, lnc. Secretary(freasurer Administrative duties, purchasing and sales. 1976 -1987 Hialeah Meter Company, Inc. Executive Supervisor, Foreman of Production, Watt- hour meter testing. Education 1976 -1979 Miami-Dade Community College Associates of Science Degree in Communications. 1973 -1975 Hialeah Senior High School Diploma SERVING SOUTH FLORIDA SINCE 1952 /..1 OFFICE: 11300 N.W. SOUTH AIVER DRIVE, MEDLEY, FL 33178 @ ~~,~. 11II1 L..LIAJ/ItAT.45j; TFLEPHONE 305-882-1950 FAX 305-882"1966 RESUME OF ALAN P. LAUDERDALE WORK EXPERIENCE 1991- Present Williams Paving Company, Inc. General Superintendent Oversee installation of drainage and roadway construction 1986 -1991 American Engineering Development Superintendent In charge of all scheduling and installation of underground utilities for drainage, water mains, sanitary sewer and force mains. 1980 -1986 Mantell Engineering Foreman Oversee installation of underground utilities. 1976 -1980 Rose Engineering Foreman Oversee installation of underground 1974 -1976 College Architecture Engineering Miami, Florida 1972 -1974 Rose Engineering Pipe Layer Oversee underground installation of water mains, drainage, sanitary sewer and force mains. SERVING SOUTH FLORIDA SINCE 1952 II-- WilLIAMS PAVING CO., INC. STATEMENTS OF EARNINGS For the years ended December 31, 2005 2004 Contract revenues Cost of contract revenues Gross protit $ 28,027,841 22,623,976 5,403,865 $ 27,115,082 21,711,457 5,403,625 General and administrative expenses Income from operations 2,068,516 3,335,349 1,952,641 3,450,984 Other income and (expenses): Dividend income Interest income Interest expense Miscellaneous income Gain on sale of equipment 37,281 20,957 54,613 13,589 (40,075) (14,234) 35,622 25,968 18,017 12,152 105,458 58,432 3,440,807 3,509,416 2,155 298 $ 3,438,652 $ 3,509,118 Income before income taxes Income taxes: Income tax expense Net income The accompanying notes are an integral part of these statements. 3 " BARCELONA HOTEL, LLC. A Florida Limited Liability Company, m TIm Cllicurr COURT OF mE 11m JUDICIAL cmCUIT IN AND FOR MIAMI-DADE COUNTY, FLOIUDA GENERAL JUIUSDICI10N DIVISION CASE NO.: 02-18354 CA 22 Plaintiff, vs. WILLIA.Ms PAVING CO., INC., A Florida Coq>oJ::ltion, Defcnd.mt I. ANSWEnAND AFF1nMAnvE DEFENSES TO COUNT I OFl'~S COMl'LAlNT DFEENoANT. WIl.U:AMs r A VlNG CO..INC, by;md ~gll undccigned coonsd, hereby files this its Answcr. and AffunutiycDefcnscs to Count I ofPbintilI's Comphinl. fikd hcrcin, aud would state as follows; 1. Defendant ~cby de.o.ics each;md evcty allegation eootained in I'aragraphs 1,2 and 6 ofPla.intiJ.p & Complaint for lad: ofi:n.owlcdge at this time, ;md thecdorc demand:; strict Proof of each and CYClY allegation thereof. 2. lu; to the allegations contained in Paragmph 3 ofPlainti1f'& Complaint, Defendanl admits that it is a Florida .coq>ol'alion authoriud to do and doing business in the Stale of Florida, and olhecwisc de.o.ics each and evcty oChcr. allegation contained within paragc-aph 3 ofl'lainliff's COIl1plaint for lad ofl:nowledge at lhis time. Il.Ild therefore dr:lmfJds ttriet proof Of each and CYcty allegation ther-rof. -.- --'.- -- -- -. G.".Offi= ofr~u1 F. O",k. O~D.<noCco<<<. .....<1707. '""> s. D.<ld.-.{nl..l.. M'-'.rL 3""". 305-"70-3135 " CrflN.f.R. .ACTOR "APE: . ENGINEERING CATEGORY(S): PAYING "GI~ P.lEe ~~-'C'~' 7 dJW"="~--'~ -. _-........._~............-'.... . I !MIAMi-DADE C.OUNTY PUBliC WORKS DEPARTMENT 111 NW 1st SIREET, SUIIE 1510 I IMIAMI, FL 33128 (305) 375,2705 i'flt~$fi~.lIi~i~NCY : i: ~Z t ~g&~~f~t.l!i . ~n.if I S. S. Nih:" !6:....tv..."jltO .1~,.~~t~~J?;_\.~~ T.:. ..~ - .....,? w CI: w :l: a ..J o IJ. ." " . MIAMI-DADE courrrv TAX COLLECTOR 140 W. FLAGLER ST. 14th FLOOR MIAMI, Fl33130 2005 OCCUPATIONAL liCENSE TAX 2000 MIAMI-DADE COUNTY - STATE OF FLORIDA EXPIRES SEPT. 3D, 2006 MUST BE DISPLAYED AT PLACE OF BUSI>!ESS PURSUANT TO COUNTY CODE CHAPTER 8A. ART, 9 &. 10 ARST-Cl U.S. POS' PAID MIAMI, PERMIT>! 026791-4 THIS IS NOT A BILL.DO NOT PAY RENEWAL BUSINESS NAME /LOCAnON LICENSE NO. 026791 - 4 WILLIAMS PAVING CO INC CC' E2313 11300 NW S RIVER DR 33178 MEDLEY OWNER WILLIAMS PAVING CO INC S~ TYpe 2fJJ-"II""As'TY 196 ~P~~I/L ENGINEERING CONTRCT TlilS IS AN OCCUPATlOHAl T"I( ONLY_ IT DOES NOT K.RMIT TlfE lICENSEE TO YlOlATE ANY EXISlWlG AEGOl..AlORY OR ZQHIMQ LAWS Of'"flfE COU'fTY 00 anES_ NOR DOES fT EllE....T llIE LJCatSEE FROM AKf antER ucacsE. OR PERMIT AEOUIRED BT u,w. THIS IS HOT A CERTflCATlON Of" THE UCEtcSEE'S Ql..W..JAC:A- """- P'l''nIEHT RECEIVED ~""'-""'TAX CO<UCroR, 08/16/2005 00210000035 000184.50 ,....,.. -;~. SEE OTI\E'" Slot WORKERIS 81 DO NOT FORWARD WILLIAMS PAVING CO INC 11300 NW S RIVER DR MEDLEY Fl 33178 1"1\",\\""11\",\\"\",,1\,,,\\,,\,\,\\,,\\,,,\\,,,\"i,1 " U.s. Department of Labor Occupational S.1ftry and Healrh AdminisuatiOll lmpcrtion Nuwlxr: 304250343 I n<pea ion D,tr<;:OllI 6n.fYY> ~ [ll." r.nrvr~ Issuan<:e D.>tc: O!JZ5/~~-2 ,~\ %k~/il '~'--2-=-~/ Citatiol\ and N,,:i~ (. ,~ .1 .,f rei ~ Company Rune: Inspection Site; Williams PavinfCo., lnt Palm Avcnue& 3rd SlrCCl. lliaJe;m. FL 33016 . Citatiou 1 Irern...l TYI'" of Violation: Selious 29 CFR 1926~65I(cX2): A stairway, ladder, runp or olher safe ~ of egress w>s IlOl locared in In:nch. eXcavations !hal were 4 feet (L2hW IX more in depth so as 10 requirt no IDOCC lhan 25 fet't (7.62m) of tMcral Invcl for employ"",,: On or about Jrou:uy, 16,2001, an cmployc:c was wod:ing inside an excaVatiOllIlult was DOl provided with . ladder for 51fe access awl cgr=~ l"LEASE NOTE: CER1ll1CATION OF ABA.'l'EMErrr IS NOTJU:QUIRED FOR 'lIDS VIOUnON~ Citation 1 Item 2 Type ofYloIarioa.: Serious Z!) CFR 1926.651(d): Employees Uposed 1<;> public vmiollac traffic wt:t<: not prorikd with a waming YCS\ Of od1q suitable tanneu.ts mm:ro wiIh or ro:>dc of retkctorized or lllgh-visibifuy 1Il3.leriaI: On Or about January IG,2002. an ~Ioycc ~ standint next to a lr1:ndt Ilut w;u next to an aaivc I:03dway Without a warning VCSL l.'1.F..ASE NOTE: CERTlFICATION OF ABATEMENT IS NOT REQ'UIRED FOR TIIIS YlOUnoN~ t~-,S"-O S= I"tn 1 lhrOUj;h 3 of this Cto.tioo. >.M NQtir>Otiaa 0( fuut<)' Ii>< U>fomutioa Q(l cmplQyq .00 ctOpIoYCC riD"" and _Miin~ Ct<>tio<l""d NotirK:>tio<l of 1'=1<)' P>t:e G orT OSllA.2 ~. 9/93 5~ I "(Jg I UI.iUUUQ 1-1;1:' U.S. Department of L300r n.-^..~)tlo~l ~,f~." ,"1 II",." , 1......._...- Inspection NUlllbcr: 301250343 T_~. ." .n . ..(\l'lr,.,(V" ........__.,......_ ",/.... -.. ;f/~; . ~~"... I.ssu;.t;:_oc 1J:..~.:: CY25.~~'_~ .\~.t:2c/fI ~'-l:c'" C:... ... ldNoC:-:;. . Cvmp~ny N~me: Inspection Sile: Williams Paving Co.. Inc Palm Avenue&. )ed Street, Hialeah. FL 33016 , --~---~ Cilalion 2 hem 1 Type or Violation: Repeat 79 CFR 1926.652(aX1): Each emplOyt:e in Il.Il excavation was nO( pr()(cQtd from c.\ye-ins by an adequare pro:c:ctive sySrtm designed in :lCCQ~ willi 29 CFR 1926.652(c). Th" employer had Ilor cornplkd Wilh IIle provisiOlls of 29 CPR 1926.652(bXIXi) 10. thar the =v,,,;oo W';lS slq>cd at mangle srrx:p:r 1haJ: oac &r>:l one Iulf horizonuJ. [Q 0llC veuicU (34 ~ urasuccd from rh<: horizoo.<A1): On or aboutJanrmy 16, 2002, at~ inlaS<:ctiOQ Qf3rd S=wirh l'alm AY'ClUC, an aq>loy<<; -ms WIlding inside " tn::uch llw Yns 6 fttt deep by 4.5 fee( wide and approximord,y 20 feet lon~ \'(as 110( pro<:cctcd from. I cave-In. Wilfum Paving was previoosly circd {or a vioUtioo of this Occup3riooal Safety and Bealln SUndud 0( its equivalcm: st:lD<Urd 1926.652 (aXl) whicb. 1n> ron..j~ in OSHA inspection ~ 3031&2802, citado::Jq IIUIUbcr 01, iu:m number 3, issued on 06I13fJf:XXJ which (<'-;po.;. to a WOd:pbce l~ at UniY'Cl:Sity Drivl: &: Browml. Blvd.. P1amatiou, F1oci.:U. l"I&SE NOTE: CJ::R:r~J.1CATION OF AB.A.TEMEN"t IS REQUffiED FOR TII1S VIOLATION. :hlS"'ll Q 1-~~~4. LUIS R. ShNTIA No D~r Sa: p;ktu 1 ~ 3 o( ~ C~ ~ NotiCtCation 0( ~ (0(" i-d~ou OQ anploya- Dd cxupl<O)'<<: rielJU: :md ~l1XiCf" Co::";"a and NotiflOtion of 1'ClU!'J l'>te 7 of7 OSlIA-2 (Rc-t. -< 6. Governmental References: List other Governmental Agencies or Quasi-governmental agencies for which you have done business within the past five years. Name Of Agency: Address: Telephone No. Contact Person: Type Of Project: Please see attached. Name Of Agency: Address: Telephone No. Contact Person: Type Of Project: Name Of Agency: Address: Telephone No. Contact Person: Type Of Project: END OF SECTION Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00450 - 3 IAIIJLLIAIItI.s- @ ~~,9M. Of'FICE, 11300 N.W. SOUTH RIVER DRIVE, MEDLEY, FL 33178 TE'IFPHONE 305.882-1950 FAX 30S-882-19C6 References City ofHiaJeah P.o. Box 110040 Hialeah, FL 33010 Contact Person: Jorge Hernandez Phone Number: 305-687-2668 Ralph Merritt Development Corp. 9015 N.W. 13th Terrace Miami, FL 33172 Contact Person: Ralph Merritt Phone number: 305-592-3577 Agile Courts 7335 S.W. 104'" Street Miami, FL 33156 Contact Person: Brian Bauer Phone Number: 305-667-6959 Bank Reference: Mellon United National Bank Contact Person: Debra Hine Phone Number: 305-592-3392 Bonding Company: Nielson, Alter & Associates 5979 N.W. 151" Street Suite 105 Miami Lakes, FL 33014 Contact Person: .Gloria McClure Phone Number: 305-822-7800 Surety Agent: Charles D. Nielson SERVING SOUTH FLORIDA SINCE 1952 SECTION 00454 NON-COLLUSION AFFIDAVIT State of Floreda ) ) SS ) County of Miami -Dade Ron Smith being fIrst duly sworn, deposes and says Ibat: (I) HelShefThey is/are Ibe Vice President (Owner, Partner, Officer, Representative or Agent) of Williars Rwin:J ChtlHU. In::. Ibe BIDDER Ibat has submitted Ibe attached Bid; (2) HelShefThey certify Ibat the following named individuals are all the owner(s)/officer(s) and/or directors of record of the above entity: Jose Rodriguez - President/Owner Betty Jean Rodriguez - Secretary/Tresurer/Owner Ron Smith - Vice President Lonnie Collins - Vice President (3) HelShefThey is/are fully informed respecting Ibe preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (4) Such Bid is genuine and is not a collusive or sham Bid; (5) Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, fIrm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have in any manner" directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, firm, or person to fIx any overhead, profIt, or cost elements of the Bid or of any other BIDDER, or to fIX any overhead, profIt, or cost elements of the Bid Price or the Bid Price of any other BIDDER, or to secure tbrough any collusion, conspiracy, corutivance. or Wllawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (6) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered rnzsn- By: Williams Pavinq Companv. Inc. Ron Smith (printed Name) Vice President (Title) Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00454 - I ACKNOWLEDGMENT Slate of Florida Co un Iy 0 f M:iillti--!:l3:E On this the 24 day of Jul V ,20 06 , before me, the undersigned Notary Public 0 fThe State 0 fFlorida, personally appeared Ron Smith and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and helsbelthey acknowledge that helsbelthey executed it. WITNESS my band and official seaL LJ NOTARY PUBLIC, STATE OF FLO!iJj;.J~O 0 . hQQJ....<-^-- NOTARY PUBLIC: SEAL OF OFFICE: Kimberly A. Callen (Name of Notary Public: Print, Stamp, or Type as Commissioned.) liil Personally known to me, or o Personally identification: (Type ofIdentification Produced) E9DID take an oath, or o DID NOT take an oath. OPTIONAL INFORMATION: Type Of Document Number of Pages: Number of Signatures Notarized: END OF SECTION FOR PURCHASING USE ONLY.- The above infonnation was been verified with the Division of Corporations on Purchasing Agent Miami Gardens Drive Extension City of A ventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00454 - 2 NOTARY PUllLlC-STATE OF FLORID, ~Kimber1Y A, Calle! Commission # DDS3140 Expires: APR, 29, 201 Bonded 'Jllru Atlantic Bonding CO.,ln SECTION 00455 REQUEST FOR TAXPAYER INDENTIFICA TlON NUMl3ER AND CERTlFICA TE Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00455 - I F<m1 W-9 Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to U1C IRS. (Rev. January 2003) ~lo1thooT~'IUI"J' Internal ~"""'" ~ N=. N ., DO '" 0- C 0. M Me "-0 "'''' ~ u 02 c. o:-S a.~ U . "- OJ ., M '" Williams Paving Company, Inc. Business name, If different from above Same as above Indivduall Ched: appropriale box: 0 Sola propri6lcr (i] Cor?Of.atk:-.l Address tunbe.-. street. arldapt.O':suito no_) 11300 NW South River Drive City, slate, and Z1P code Medley, Florida 33178 lh< "'="" ~I hem 1_ o Pa_ 0 "'"'" ~ m.nmnnn... O Exempt !rom back"" wiU'holOulg Reqvcs.tCf"s name and address (optic:naf) Tax a er Identification Number N Enter your llN i11he app-opt1alB box.. ForlodivlduaJs, Vis is )'CllX soc::Iaf. security rumber (S$N). Howeve....OI'" a residentalieo, soJa proprietor, or disregarded entity, tree the Part I instructions 00 pago 3. For othe< entities, It is )'OlX 0ITlpI0:>y... Idenllllcalioo nurnbe.- (8N). If you do no( have. number, see How to gel a TIN on page 3. Note: " !he accoun( is i1 more than one name. see !he elm 00 page 4 lor gtide/ires 00 whose nurnbe.- 10 entel'. ~ or Certification Under penalties 01 rerlJ'Y,\ """'fy !hat; '. 1. The nuntw shown on \tis form is my COOOCl taxpayer Idootifo::ation runber (or I am waiting for 0 number'" bo Issued to me). and 2. 1 am not subfed to baclwp wiltllolO"'9 because:(al I am exempl from ~ withhoIciog. or ~ I have oot boori oo~riOO by the Inlemal Reverue SeIvIce '1lS) IhalIIltTl sWject to baclwp wiutdd<>g as. result 010 failure to report all interest or ~ or (cllhe IRS has I)Olified me that I am 00 bnge< sWjocl to baClwp wilhholOOg, and 3, . I. am . U.S. person fU1dud~ 0 U:S. resident alien). . Certirocalioo Imiructions. You tmJSt = out Item 2 above r you have boon ootifoed by the IRS that you "'" curently subject 10 bacIoJp wtthholding bocauseyou have failed to report alIln1eresl and dividends on)'OlX tax....urn. For real estate transattions, kern 2 does nolapply. For mortgage ne(1lSl paid, acqusitiori or aban<lonmerrt 0( secured property, cancellation of debt. conlrlbullons \0 an JvfMdual retlrommt arTlIl1gefnent 'RAl. and generally, ~ other than merest and dividends. you ..e notraquirod 10 &!go the CooirlC8l1on, but you rrusl provide )<)IX allreCf TIN. (See the Instnx:ti6os on page 4')1 . . ~~r~1 ~.:::,~ ~ tiP"-' ~ D... ~ July 24, 2006 Purpose of Form Horvesident alien who becomes a resident alien. GenernIly, Only a nonresident orte" individual may use the A person who is required to file an information return with terms or a tax treaty to reduce or eliminate U.S. ~ax on . the IRS, must obtain YotXcorrect taxpayer kJentification certain types of income. liowever,most tax tr~abes ~tam a number (TIN) to report, for example, h;orne paid 10 you, "'al provislon known as a "saving clause.. Exceptions specified estate transaclions, mortgage interest you paid, acquisition In the saving clause may pemJl an exemption from ~ t.o or abandonment of secured prOperty, cancellation of deb~ or continue for certain types of income even alter the reaplent contributions y~ made to an IRA. haS olherMse become a U.S. resident alien for tax purposes. U.s. person. Use Form W-g only ify~ are a U.S. person If y~ are a U.S. resident alien who is relying on an ~ncluding a resident alien). to provide your correct TIN to the exception conlalned In the saving clause of a tax lreaty to person requesting It (the request.., and, when applicable, to: claim an exemption from U.S. tax on certain types of lneorre. 1. Certify thai the TIN you are giving Is correct (or you are you rrust attach a statement that specifies the following five waiting for a number to be Issued), items: 2. Certify thai you are not subject to backup withholding, 1. The treaty counlry. Generally, thls must be the same or treaty under whidl you claimed exemption from tax as a 3. Claim exemption from backup withholding ~ you are a nonresident alien. U.S. exempt payee. 2. The Ireaty article addressing the Income. Note: If a reqvest.er gives you 8 form other than Form W-9 '3~ The article number (or location) in the tax b-eaty that to request your TIN. yoo mLJst use the requester's form if it is contains the saving clause and itsexeeptions_ substantially similar to this Form W-9. 4. The type and amount of income that qualifies for the Foreign person. It you are a foreign person, use the exemption from tax. appropriate Form W-8 (see Pub. 515, Withholding of Tax on 5. Sufficient facts to lustify the exemption from tax under Nonresident Aliens and Foreign Entities). the terms of the treaty article. Cat. No. 10231X Form W-9 tf\ev. 1-2(03) SECTION 00456 PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes _ "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit bids on leases of real property to a public entity, may not be awarded to perfonn Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". CONFLICTS OF INfEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Rorida State Statutes. BIDDER's must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of A ventura or it's agencies. Miami Gardens Drive Extension City of A ventura Bid No. 06.07.24.2 erA Project No. 01.0103.056 00456 - 1 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUrES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted toThe City of Aventura by W;lliHms P~vinq Cnmpnny. Inc~ fur whose business address is 11300 NW South River Drive, Medley, Florida 33178 and (if applicable) its Federal Employer Identification Number (FEIN) is 59-0895890 (IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: N/A 2. I understand that a "public entity crime" as defmed in Paragraph 287. 133(l)(g) , Florida ,Statutes, means a violation of any state or federal law by a person with respect to and directly related to tile transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Para. 287. 133(l)(b) , Florida Statutes, means a fmcling of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand Ulatan "affiliate" as defmed in Para. 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crinle. The teon "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 CTA Project No. 01-0103.056 00456 - 2 5. I understand that a "person" as defined in Para. 287. I 33(l)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The tenn "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on infonnation and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) x Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who arc active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an afftliale of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submining this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affUiate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) Miami Gardens Drive Extension City of Aventura Bid No. 06-07-24-2 erA Project No. 01-0103.056 00456 - 3 I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: ~U Ron Smith (Printed Name) Vice President (Title) Sworn to and subscribed before me this 24th day of July ,20 06 Notary Public - State of: Flor ida My Commission Expires: April 29, 2010 h;.flUu71U. ~ -~rlyA.Callen V'1(p~ typed(.fr stamped commissioned name of notary public) III Personally known to me: '!CTARY PUBUC-STATE OF FLORIDA ~Kimber1Y A. Callen Commlsslon # DD531402 Expires: APR. 29, 2010 J.onded Thn.i. Atlantic .BondJ.ng Co., Inc. Or o Produced Identification (TYPe of Identification Produced) END OF SECTION Miami Gardens Drive Extension City of Aventura Bid No. 06.07.24.2 CTA Project No. 01.0103.056 00456.4 i UULI I\HU \....V11I Ll\.;" "V l\.l\..>lll~ VI'VI> IIIL l.I.I-,II\I\...I\. W!l1h No~th boz::-ica. Inc. - R.egioDal Cert Center HOLDER. THIS CERIIFICA 1 E DOES NOT AMEND, EXIEtW 0 I 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY TIlE POUCIES BELOV P. O. 80< )OSlH Nuhvllle, TN 372305191 INSURERS AFFORDING COVERAGE NAJa - ------~ ----- ~. -~--_..------ -- ---- - INSUREO william.a I'.ving Co., Inc. ~SURER~:VlrgiDia Surety COJPpanX' Ipe 40B27~O 11300 "" I>outh River Pr. Guaran~eo~~~abl11~_~~~~c -~~?--=--!!. Medley, YL 33178 tHSURER 8 Aiaorican tNSURER C .- ----~._-_. ---- I- . .~ INsURER D .~- 1-.---- -- , INSURER E COVERAGES THE POLICIES OF INSUfW.ICE LISTED OElOW HAVE BEEN ISSUED TO THE INSURED NN.\ED ABOVE FOR THE POlJCY PEHIOO INOICATED. NQ1W1THST ANDI: ANY REQUIREMENT, TERM OR CONDITION Of !\NY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED MAY PERTAIN, THE INSU~CE: AFFORDED BY THE POLIOES DESCRI8ED HEREIN IS SUOJECT TO &L THE TERMS, EXCLUSIONS NlO CONOfTlONS or su POlICIES AGGREGATE LIMITS SHOWN 1M Y HAVE BEEN REDUCED BY PAID CtAJMS. ___ ___ 'Hi: ~J TrPEOf INSUAAHCE 'P'OUCYNUMOo. ~EfF[C1M ~Y~f1AAllOH UMns A "",Naw..'-'^"'UTY 4CG50283901 3/2S/200~ 3/25/2007 u.Gl'OCCUfUlENC("~', I ..L..Q.QJL.! GO . X COMMC.'RQAlGEHEAA..llffltllTY J.4l. 1~ L--1~ I""",s"-",,, WOCCUR MEDEJG"~_~\ I ~ PEftS()W,L..AOVtu.JftY , 1. OOO~ GaERN...AGOREGAlE '.2.......QQ.Q...~ f"RClOVClS -COf.M"1Qr' NX> , 2 ~ I----- ~~E,lI"IT~PER: I I POLICY I x 1':Il9i I ILoc A ~otlIOeft..E lJof.M.nY ~ N('( AUTO 4CA50283801 3/25/200~ 3/25/2007 coo.tl.a> SlNOl.E...... t&_ , 1.000. - - - - - All CJWNEO mTOS SGl-IEO<JLEO Al1TOS HIRED Al1TOS HON-owt'ia) AUTOS BOOLY~Y ("0<""""", . OOOLY wrnY ("o<""""""l I'RO<'8<lY f)NAN:;€ (f'e<-I A FfGEUAOWY HlTOotC... y. EAN::OOEKT I N('(^UTO OTliffi TlW4 fM/X; I mTOONLY; IJ)G I ~CU$l.>>.84UTY AUC591930200 3/25/2006 3/25/2007 EACH OCCURREtfC:E I , nor OCCUR 0 a.AIMS WDE AOOOE<lo\'lO I , "O( I R oax=~ I REll'HTION . I WORKERS C<*PEf(SATlOH AND 4.ClfS0284001 3/25/200~ 3/25/2007 ~~r~~1 rill EMPLOYERS'l>>J)IUTY Ei.. EACH N::CK:JENl , '" Nf'{ PROPRIETORIPMDll;:RJEXECUllVE " Of'HCERlMEMBER EXQlAX:--{)1 ELOISEASE..EAEMf'lOYEE , ~~bebJt E.L lXSEASE -POUCY lUT I " OTHER D OESCRlPT1Otf Of OPEAA TlONS/'LOCA llOKSIVEltICl.ESt'EXQ.USIOHS AOOC::O BY EtU>OR.SEMEKTt$PEaAL P'fl0V\St0f(S CERTIFICATE HOLDER Proof of Insurance PurpoBeo Only c/o Wi11iauw Paving Co~~ny. Inc_ 11300 NW Sou~h River Dr~ve Medley, FL 33178 CI\NCEu.ATION &1iOV'lD MY Of THE MlOVE DESCRlDEO PQUCfES BE CNtCElLED 8HOOE TH 30 DATE THEREOf. nn:: ISStnNG INSURER W1U.. ENOEAVOR. TO MAIl. ~ 0 NOncE TO THE CERTlACATE HOLDER HAMED TO lliE LErT, fl;Ul FAILURE TO IMPOSE NO OOUGA 110M OR UA8lUTY Of' N<< IONQUPOH THE INSURER., 11 ACORD 25 (200l/08) Coll,1583200 Tpl,4.78574. Cert,70~5927 @ACORDCORPOI Miami Gardens Drive Connector Improvements JOINT PARTICIPATION AGREEMENT This AGREEMENT, made and entered into this day of , 2005, by and between the CITY OF AVENTURA, FLORIDA, a municipal corporation of the STATE OF FLORIDA, hereinafter referred to as the "City", and MIAMI-DADE COUNTY, a political subdivision of the STATE OF FLORIDA, hereinafter referred to as the "County". WITNESSETH WHEREAS, both parties herein wish to facilitate the construction of a road improvement project in MIAMI-DADE COUNTY, hereinafter referred to as the "Project" described as follows: The construction of a new four-lane roadway to extend Miami Gardens Drive from Biscayne Boulevard to the western terminus of the property line of the Aventura Landings Development, with a raised median, sidewalks, curb and gutters, drainage, decorative street lighting, signalization, signage, pavement markings, and enhanced landscaping; and WHEREAS, the County wishes to utilize the resources of the City to contract, construct and administer the Project, subject to the terms and conditions of this agreement: NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree 5/23/05 Section 1. Desiqn. The City shall provide the completed construction plans for the Project implementing the standards of Miami-Dade County, and other appropriate standards specifically provided by the County ("roadway construction standards") as well as other design criteria deemed appropriate by the Project's design professional The City shall also submit to the County a written certification of compliance that the construction plans meet roadway construction standards. The final design plan, which shall consist of drawings and specifications setting forth in detail the requirements for the construction of the Project, and construction plans, shall be submitted to the County and must be approved by the County. The City shall provide the completed construction plans, technical specifications, special provisions, pay items and cost estimates for the Project in accordance with standard County and/or City, as applicable, design criteria, to the satisfaction of the County. The Project's design consultant shall be made available to County at no expense to the County to review shop drawings and perform required post-design services. Section 2. Permits and Approvals. During the course of design, the City shall identify all necessary permits and utility adjustments, and coordinate the review of construction documents by utilities and permitting agencies such as the Florida Department of Transportation, Miami-Dade County Water and Sewer Department and the Department of Environmental Resources Management The City shall make all necessary adjustments as required for approval and/or permitting by those agencies The City shall obtain all necessary permits, and 5/23/05 2 utility adjustments for the Project in accordance with applicable State, Federal and Local Laws and ordinances. Acquisition of additional right of way, If required, will be the responsibility of the City. Section 3. Construction. The City shall procure the services of a licensed contractor holding an engineering contractor's license to construct the Project. The City may award the contract through any available lawful means which, in the City's discretion, affords the most competitive price for construction of the Project and which may include, but is not limited to, bid solicitation, request for proposals, the award of a change order on existing City contract(s), or the extension of unit-prices provided in connection with prior competitive bid awards. Notwithstanding any provision to the contrary, the City shall comply with the Community Small Business Enterprise (CSBE), Community Business Enterprise (CBE), and Community Workforce Programs (CWP) in accordance with Section 9 of this Joint Participation Agreement. Regardless of which methodology is used, the City shall at all times maintain separate accounting for the costs of the Project so those costs may be independently verified and audited by the County, at the request and cost of the County. The construction contract shall also contain a requirement that the contractor provide a payment and performance bond at least in the amount and form required by law naming the County and City as joint obligees or joint contracting public entities. The construction contract shall contain a contingency amount to address unforeseen conditions and owner required changes which 5/2310 5 3 shall not exceed fifteen percent (15 %) of the base amount of the contract, unless otherwise approved by designated representatives of the County and City. The commitment for the expenditures of any contingency funds shall not be made by the City without the prior written approval of the County Public Works Director. Subsequent to the evaluation of bids or proposals by the City and the City's determination of the most advantageous bid or proposal, the City shall provide said evaluation to the County Public Works Director for review and approval. The County will not unreasonably withhold or delay its approval. Failure of the County to respond, in writing, to the City's evaluation within thirty (30) days shall be automatically deemed an approval by County, without the necessity of future action by the County. Final commitment of County funds for the Project shall occur upon approval of the contract award recommendation by the County Public Works Director. Section 4. Countv Pavments of Proiect Costs. The County agrees to provide funds in the amount of $566,007, for eligible expenses as defined herein, incurred for the construction of the Project. This amount includes the fifteen percent (15 %) contingency addressed in Section 3. The County shall incur no liability for any costs in excess of said funding amount unless there has been a duly authorized increase approved by the Board of County Commissioners. The County funds available for this Project are specified below: 5/23/05 4 Funding Amount Funding Source County Fiscal Year of Commitment S566,007 Road Impact Fee District 3 2004-05 The amount shown above is based on the current estimated costs of the Project The parties recognize that adjustments to the above-referenced costs may be required in the future and that at the option of the parties, amendments may be entered into to revise the funds available for the Project Provided that there is no increase in the amount of County funds required, such amendments may be executed by the City and County Managers without the need for approval by the City and County Commissions. Section 5. Schedule and Manner of Reimbursements Upon execution, the City shall furnish the County a copy of the estimated budget for the Project, and will similarly furnish the County with any and all revisions thereto. At the time of contract award for this Project, the City shall submit the Estimated Quarterly Construction Payout Schedule for the Project to the County Public Works Director. Quarterly disbursement of County funds to the City shall be based upon City invoices with certified copies of paid contractor estimates attached and shall not include any other charges. Section 6. City Responsibility for Enhanced Project Elements. The City, having expressed a desire to include decorative street lighting and 5/23/05 5 enhanced landscaping, agrees to provide any funds over and beyond the amounts that would normally be expended for these Items in a standard County roadway construction project of a similar length, Standard County expenditures for this Project have been determined to be the amounts as specified below Element Proiect Costs Standard Street Lighting Costs Standard Landscaping Costs $28,000 $20,000 These costs are considered to be included as part of the Project funds identified in Section 4 of this Agreement. The parties agree that the County is not required to increase its participation in the provision of any Project elements beyond the amounts that would normally be expended for these items in a standard County roadway construction project of a similar length, nor provide for their maintenance, Section 7. Pedestrian Facilities. To address pedestrian safety issues anticipated to be created by the construction of the Extension, the City agrees to provide for the design and construction of pedestrian facilities to provide safe access for the residents of the Imperial and Sterling Buildings. These facilities shall be provided for at no cost to the County in consideration of its participation in the Project. Section 8. Construction Administration and Inspection. The City shall exercise all responsibilities of the owner under the construction contract, 5/23105 6 including construction administration and inspections. The City may delegate this function to an authorized agent or Construction Engineering Inspection consultant. The County's inspector shall have an oversight role in the routine daily inspections In the case of a disagreement over the interpretation of the plans, the County Public Works Director, or his representative, shall have final authority subsequent to an independent final inspection by the County. The City's Engineer and the County's designated representative shall jointly perform the inspection of the Project which immediately precedes substantial completion Final payment to the City and obligation of maintenance responsibility to the parties shall be subject to the final acceptance of the Project by the County Public Works Director or designee. The City shall certify upon completion that the Project has been constructed pursuant to the design plans, specifications and approved change orders. Section 9. Compliance and Oversiqht. The City agrees to comply with applicable County regulations pertaining to the Community Small Business Enterprise (CSBE) Program, Community Business Enterprise (CBE) Program, and the Community Workforce Program for construction. Specifically, City agrees to abide by the goals for the participation of specified business entities and/or trades, and for Community Workforce employment, as approved by the Business Development Review Committee and administered by the County's Department of Business Development ("080"). The DBD shall have the right to oversee and ensure compliance with the goals established, including but not 5/23105 7 limited to, the right to audit and to require reports and documentation related to the Program goals. Section 10. Audit The City agrees to permit the County auditors to inspect the books, records and accounts of the Project for three years after completion of the Project. These records shall be made available to the County for inspection within five (5) working days upon written receipt of a written request from the County. Audits shall be conducted at the County's cost and expense. Section 11. Indemnification. To the extent authorized by Florida law, the City hereby agrees to indemnify, defend, save and hold harmless the County to the extent of all the limitations included with section 768.28, Florida Statutes, from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of or due to the breach of this Agreement by the City, its agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the County for its sole negligence or breach of contract To the extent authorized by Florida law, the County hereby agrees to indemnify, defend, save and hold harmless the City to the extent of all the limitations included with section 768.28, Florida Statutes, from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of or due to the breach of this Agreement by the County, its agents or employees. 5/23/05 8 It is specifically understood and agreed that this indemnification clause does not cover or indemnify the City for its sole negligence or breach of contract. In the event of breach or non-performance by the persons selected by the City to perform the work, the City shall, upon written request by the County, assign to the County any and all of its rights under the affected contract for purposes of the County's prosecution of claims, actions or causes of action resulting from such breach or non-performance. The City agrees to cooperate fully with the County in the prosecution of any such claim or action. Section 12. Maintenance Responsibilities. Upon completion of the Project, the City will assume all maintenance responsibilities. Section 13. Notices. Any and all notices required to be given under this agreement shall be sent by first class mail, addressed as follows: To the County: Attention: Aristides Rivera, P.E., P.L.S. Director, Public Works Department Miami-Dade County 111 N. W. 1st Street, Suite 1640 Miami, Florida 33128 (305) 375-2960 To the City: Attention: Mr. Eric M. Soroka, ICMA-CM City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 (305) 466-8910 5/23/05 9 Section 14. Dispute Resolution, Applicable Law. The parties shall resolve any disputes, controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami-Dade, Florida. Section 15. Entire Aqreement, Amendments. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms contained herein shall be effective unless set forth in writing in accordance with this section. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the parties. Section 16. Joint Preparation The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary 5/23/05 10 for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties from the other. Section 17. Compliance With Laws. The parties shall comply with applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to the Project. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. Section 18. Severance. In the event a portion of this Agreement is found to be invalid by a court of competent jurisdiction, the remaining provisions shall continue to be effective unless the City or County elect to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 5/23/05 11 IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. HARVEY RUVIN CLERK OF THE BOARD MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST BY: BY: Deputy Clerk County Manager Approved by County Attorney as to forrn and legal suffiCiency ATTEST CITY OF AVENTURA, a rnunicipal corporation of the State of Florida BY: BY: Teresa M. Soroka City Clerk Eric M. Soroka City Manager (Affix City Seal) Approved by City Attorney as to forrn and legal sufficiency 5/23/05 12