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Agenda 12/02/2008 Item #16B 8 Agenda Item No. 1668 December 2, 2008 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to award a construction contract to American Earth Movers, Inc. for Bid No. 08-5135 - "Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road)~, in the amount of $720,000.00. OBJECTIVE: To award a construction contract for Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) to American Earth Movers, Inc., in accordance with Bid No. 08-5135. CONSIDERATIONS: The project was submitted for advertisement of bids on September 29, 2008. A non-mandatory pre-bid meeting was held on October 15, 2008. Bids were opened on November 5, 2008. The scope of work identified in the bid was for the repair of five bridges (Chokoloskee, Goodland, Green Boulevard and two (2) on Oil Well Road. In a letter dated May 23, 2008, the Florida Department of Transportation (FOOT) issued a Plan of Action Report for scour critical bridges County wide. These five bridges had scour critical scores less than 5 out of 10. Two of the five bridges were also evaluated in December of 2007 as needing immediate repair/rehabilitation as their Sufficiency Rating was below 50 (out of 100). The Goodland Road Bridge was later withdrawn from the bids as it was determined after further investigation that the assessed low Sufficiency Rating of 45.4 was largely due to an error in the bridge load rating calculation. After consultation with FDOT, a new load rating calculation was performed. The revised Sufficiency Rating increased to 94.2 (out of 100). The Bridge is stil1 identified by FDOT Scour Report as critical and in need of some structural repairs. The County wil1 perform additional geotechnical investigation, which could result in significant cost savings to the County and re-advertise this Bridge for bids to make these repairs. ~ Ten (10) companies submitted bids. The bids that were accepted include: Kelly Brothers, Inc. Engineer Controls Intron Technologies, Inc. Wright Construction Group RestoCon Corporation Worth Contracting, Inc. American Earth Movers, Inc Quality Enterprises USA, Inc. Underwater Engineering Services, Inc. M & J Construction Co. $ 771.546.00 $1,116,045.00 $ 816,679.20 $ 839,832.21 $ 371,935.00 $1,029,761.74 $ 720,000.00 $ 797,399.00 $ 862,559.55 $1,454,816.12 RestoCon Corporation submitted a bid on only one of the four bridges and although it appears that they were the apparent low bidder overall, the bid was not the lowest bid for that one bridge when compared to the other bidders; therefore, the bid from RestoCon Agenda Item No. 16B8 December 2, 2008 Page 2 of 23 Corporation was rejected. The Engineer's estimate was $785,000.00. The low bid was 8.3% under the Engineer's estimate. FISCAL IMPACT: Total funds in the amount of $720,000.00 are available in gas tax. Source of funds are Gas Taxes. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action.-SRT GROWTH MANAGEMENT IMPACT: The Bridge Repairs and Improvement is identified on the 2008 Annual Update and Inventory Report (AUIR) and is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award Bid No. 08- 5135 to American Earth Movers, Inc. for the repair of Chokoloskee, Green Boulevard and two (2) Oil Well Road Bridges and authorize the Board Chairman to execute a standard County Attorney approved contract with American Earth Movers, Inc. Prepared By: Marlene Messam, Sr. Project Manager, TECM Page 1 of 2 Agenda Item No. 16B8 December 2, 2008 Page 3 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1688 Recommendation to award a construction contract to American Earth Movers, Inc. for Bid No 08-5135 Bridge Repairs (Chokoloskee, Goodland. Green Boulevard and Oil Well Road), In the amount of $720,00000 to the contractor. Meeting Date: 12/2/2008 9:0000 AM Prepared By Marlene Messam Senior Project Manager Transportation Engineering & Construction Management Date Transportation Services 11/13/20089:44:49 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 11/13/200810:53 AM Approved By Gary Putaansuu Principal Project Manager Transportation Engineering and Construction Date Transportation Services 11/13/20081:12 PM Approved By Norm E. Feder, Alep Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11/13/2008 2:07 PM Approved By Brian Hancock Operations Support Manager Date Transportation Division Transportation Administration 11/13/20082:42 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 11/13/20082:46 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 11/14/20089:51 AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 11/17/20088:09 AM Approved By Steve Carnell Purchasing/General Svcs Director Date file://C:\AgendaTest\Export\ 117 -December%202,%202008\ 16.%20CONSENT%20AGEN... 11/25/2008 Page 20f2 Agenda Item No. 1688 December 2, 2008 Page 4 of 23 Administrative Services Purchasing 11/18/20088:01 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 11/18/20089:07 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 11/18/20082:08 PM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 11/20/2008 2:28 PM Approved By Leo E. 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Ii II ~ 10 e ~ 8!!8888811 i: unHI ",: a g ;:I. .5. :1 S S ~ ~ 8888888 H','n IlIIO: -' , d.H!!!:U :i!U!H-:! nH!!H - . - - . - - 8 8 8 8 8 8 , . . , I ! ! , i , ! I ~H!!!~! , , ! . , ! 8 8 ! 8 8 8 , I i I 8 i ~ . . , - - - - . I , ~ , . ! , ! I ~ i . ~!nHU ! , ! , ! ; ~ i , ~ i g , , , , . - . . - . . - ! ~ ~=u:u== '8 "' ::: Il i ~ ;::ll " ~_ ~ i ~ :_ ~. (!I ~ ! ;. Ii, ~ a 3: ~ og _ :! ~. N ~. ~ ~ 5_ III a a ~ i ~ ! .. ; 888,,8:;;:81:: i~:l1~~~!_~ a :1 ;:I ~ i:l ~ S ! 8888888 ~~a~.ii~~ ~..i . Ill. ":.i 8!':8:;;:8888 ~~_~~~~:n: rJ" ......,.;....... - , ~ - III 8888888 ~ ~ ~ a Iii ~ :;: ij ~ - 888881'18 ~~~.~~.@~ ~ III ~ ;; III i!. a 8:;;:8 88 ~ ~ ~ ; ~ ;:: I;: !j ~ - , ':: "l ~ tI ~ ~. ~ , I ! !lJll j.'lllll- jl JIll, ~ _ - :: ~ : ~ :b -g~~t~~~; HU!!I.! OUHn ~~!n!l.! HHHH , I I ; I Jiit . 0- .,...:! ! I "I' :lH;ljl h n~B -' ~i: Agenda Item No. 1688 D~cembe 2,2008 , , Pa 6 of 23 O~~ CONSTRUCTION BID . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) BID NO. 08-5135 Full Name of Bidder American Earth Movers. Inc. Main Business Address 821 NE 79th Street Telephone No. 305865-6952 Fax No.305 867-5050 Place of Business Miami Shores, FL 33138 State Contractor's License # CGC 061280 To: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter called the Owner) The undersigned, as Bidder declares that the only person or parties interested in this Bid as principals are those named herein, that this Bid is submitted without collusion with any other person, firm or corporation; that it has carefully examined the location of the proposed Work, the proposed form of Agreement and all other Contract Documents and Bonds, and the Contract Drawings and Specifications. Bidder proposes, and agrees if this Bid is accepted, Bidder will execute the Agreement included in the Bidding Documents, to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work, and furnish all the materials and equipment specified or referred to in the Contract Documents in the manner and time herein prescribed and according to the requirements of the Owner as therein set forth, furnish the Contractor's Bonds and Insurance specified in the General Conditions of the Contract, and to do all other things required of the Contractor by the Contract Documents, and that it will take full payment the sums set forth in the following Bid Schedule: NOTE: If you choose to bid, please submit an ORIGINAL and ONE COPY of your bid pages. GC-P-1 Proj.' Mgr.. Marlene Messam BID 08-5135 Bridge Repail'll (Chokoloskee, Goodland. GreIm Blvd. and Oil Well Road) Agenda Item No, 1688 Decoolla",,~..:i'008 Page 7 of 23 CHOKOLOSKEE NO. 030161 ITEM DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE 101-1 Mobilization LS 1 $2,500.00 $2,500.00 102-1 Maintenance of Traffic LS 1 $3.500.00 $3.500,00 104.11 Turbiditv Barrier 'Floatina) LF 240 $6.00 $1,440.00 104-13-A Silt Fence LF 500 $0.95 $475.00 110-4 Removal of Existlnn Concrete Psvement SY 1.200 $11.00 $13,200.00 400-97 Cleanino and Finish Costino SF 4,800 $4.95 $23,760.00 400-135 Clean and Repair Cracks LF 700 $48.00 $33,600.00 401-70~2 Concrete Reoairs: Patch Spalls. Deleminations and Honeycombed Concrete CF 50 $750.00 $45,000.00 405- 7()..5 Carbon Fiber Wran SF 225 $272.00 $61,200.00 458-1 Reolace Exoanslon Joint LF 300 $58.00 $17,400,00 530-78 Cable Concrete Svstem SF 10,000 $8.50 $85,000.00 536-1-14 Reoair/Reolace Barrier LF 350 $68.00 $23,BOO.00 536~1-2 Guardrail Bridge LF 80 $48.00 $3,840.00 706-3 Retro-Reflective Pavement Markers EA 24 $16.00 $384,00 711-11-221 Thennoplastic Striping LF 850 $3.53 $3,000.50 TOTAL BASE BID $318,099.50 GREEN BOULEVARD NO. 034014 101-1 Mobilization LS $2,500.00 $2,500.00 102.1 Maintenance of Traffic LS $1,500,00 $1.500.00 104-11 Floalin Turbidi Barrier LF 45 $6.00 $270.00 (" 458-1.21 Brid e Deck Expansion Joint LF 85 $75.00 $6.375.00 530-78 Articulatin Block Mat SY 462 $113.65 $52.506.30 9455-1 Pile Repair Each 4 $5,000.00 520,000.00 TOTAL BASE BID $83,151,30 OIL WELL ROAD NO, 030153 & 030154 101-1 Mobilization LS $4,500.00 $4,500.00 102-1 Maintenance of Traffic LS $1,500.00 $1,500,00 104-11 Floatin Turbidi Barrier LF 171 $6.00 $1,026,00 401-70-4 Restore S ailed Areas CF 12,4 $850.00 $10,540.00 458-1-21 Briel e Deck Ex nsionJoint LF gO $60.00 $5,400.00 530-78 Articulatin Block Mat SY 2346 $100.00 $234,600.00 9455.1 Pile Repair Each 13 $4,706.40 $61,183.20 TOTAL BASE BID $318,749.20 TOTAL ALL PROJECTS $720,000,00 ----AWARD MAY BE MADE BASED ON THE TOTAL FOR ALL THREE PROJECTS--- Agenda Item No. 1688 December 2, 2008 Page 8 of 23 MATERIAL MANUFACTURERS II The Bidder is required to state below, material manufacturers it proposes to utilize on this project. No change will be allowed after submittal of Bid. If substitute material proposed and listed below is not approved by Engineer, Bidder shall fumish the manufacturer named in the specification. Acceptance of this Bid does not constitute acceptance of material proposed on this list. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. MATERIAL gKIWc.c. 3S opu..o.) MANUFACTURER \. c:.E-l( f'<.A-T ~ ~ee- Uv-CM-t... ~~.--- T~~~ 2. t:~ "^ ~ ~~ 3. ~ ~ J="vJ (ttcv. ~IJ~ - l::JDTL~ 4. LI I__"\: ~fn~ 1>ir>bt:JD .. ---.n. y t:JV-Q '-'7 t r bOO-{ +:1 tf ~J1 5. f6 i.~ ~c1L v--- ') - @ o-..M.u.J.~ce (SLoL~M~ Dated_t \ /0 4 0 ~ ' ") A ~a...v.. EeL\. iA ~e..M) T~ I ~ Bidder j j ). A _ . BY: ~ ~ GfO~bt tvtu JJ ~ € Prv.-0 ~ GC-P-3 11l> V~ 7' -1J<:: . Agenda Item No. 16B8 December 2, 2008 Page 9 of 23 LIST OF SUBCONTRACTORS The undersigned states that the following is a full and complete list of the proposed Subcontractors it intends to use on this Project with respect to the categories of work identified below, and that such list will not be added to nor altered without the prior written consent of the Project Manager. The undersigned further acknowledges its responsibility for ensuring that the Subcontractors listed herein are "qualified" (as defined in Ordinance 87-25 and Section 15 of Instructions to Bidders) and meet all legal requirements applicable to and necessitated by the Contract Documents, including, but not limited to proper licenses, certifications, registrations and insurance coverage. The Owner reserves the right to disqualify any Bidder who includes non-compliant or non- qualified Subcontractors in its bid offer. Further, the Owner may direct the Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which is found to be non-compliant with this requirement either before or after the issuance of . tme Award of Contract by Owner. THIS LIST MUST BE COMPLETED OR BID WILL BE DEEMED NON-RESPONSIVE. (Attach additional sheets as needed). Further, the undersigned acknowledges and agrees that promptly after the Award of Contract, and in accordance with the requirements of the Contract Documents, the Successful Bidder shall identify all Subcontractors it intends to use on the Project. The undersigned fwrther agrees that all Subcontractors subsequently identified for any portion of work on this Project must be qualified as noted above. 1. Cateqorv of Work -J I. -AJit:. ~a1iqJ-11~~ Subcontractor and Address IN'l\i~\M.~ ~~J > o 70 SiM\.\)~ P-~ $..~.::t: 3D - 3D~~ 1.:... I -t /. "3 )/::;2.2. 2. 3. 4. 5. Dated "joy/or I I A~(<<:u. E~n (t::;.r ~ BY: GC-P-4 Agenda Item No. 1688 December 2, 2008 Page 10 of 23 STATEMENT OF EXPERIENCE OF BIDDER The Bidder is required to state below what work of similar magnitude completed within the last five years is a judge of its experience, skill and business standing and of its ability to conduct the work as completely and as rapidly as required under the terms of the Agreement. Proiect and Location Reference 1. 2. 5<...-e- ~~ 3. 4. Dated \\/o'-{ I/O? ( I i fl~ CJ;Lu. E o..v~ I Bidder , Qvt\j~ I J::~ BY:'1A..c.t ~ 6(:0:2-6& MlJJ..'oe 4~~ 5. 6. GC-P-5 ( Contract Name: Contract Number: Value: Date Started: Completion: Location: Description: Client: Name: Address: Phone Number: Contact Person: Supervisor: Name: Address: Phone Number: (C_ Contract Name: Contract Number: Value: Date Started: Date Completion: Location: Description: Client: Name: Address: Phone Number: Contact Person: Supervisor: Name: Address: Phone N um ber: CHAIN OF LAKES RESTORATION PROJECT 2007907 $ 2,051,292.00 7/24/2007 100% John Prince Park, Lake Worth,Palm Beach County Dredging, culverts and planting, installation of stone revetment Land Restoration Palm Beach County Environmental Resources Management 2300 N Jog Road, 4th Floor, West Palm Beach, FL 33411 561 233-2435 Carolyn Beisner Carolyn Beisner 2300 North Jog Road, 4 Floor West Palm Beach, FI, 33411 561 233-2435 S-120 SPILLWAY STRUCTURE 6000000024/C447 $ 1,379,000.00 12/21/2006 100% Miami Dade County' Spillway Dredging, Land Restoration SOUTH WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, FI, 33406 561-682-2813 Cathy Richards Lai Shafau 3301 Gun Club Road, West Palm Beach, FI, 33406 561-882-6243 Agenda Item No. 1668 December 2, 2008 Page 11 of23 Contract Name: Contract Number: Value: Date Started: Date Completion: Location: Description: Client: Name: Address: Phone Number: Owner/Contact Person: Supervisor: Name: Address: Phone Number: Contract Name: Contract Number: Value: Date Started: Date Compietlon: Location: Description: Client: Name: Address: Phone Number: Owner/Contact Person: Supervisor: Name: Address: Phone Number: Agenda Item No. 1688 December 2, 2008 Page 12 of 23 OCEAN REEF BRIDGE Subcontract $280,000 7/1/2007 100% City of Key Largo Miscellaneous piling repairs, structural concreta approach repairs, MOT Land Restoration Florida Machine Shop & Marine Repairs 5660 NW 35th Avenue, Miami FL 305219-2181 Fu1gencio Rivas Fu1gencio Rivas 5660 NW 35th Avenue Miami FL 305219-2181 BAY HARBOR BRIDGE Subcontract $250,000 11/1/2007 100% Miami, FL Structural steel repairs, structural concrete reaplrs, MOT Florida Machine Shop & Marine Repairs 5660 NW 35th Avenue, Miami FL 305219-2181 Fu1gencio Rivas Fulgencio Rivas 5660 NW 35th Avenue Miami FL 305219-2181 Agenda Item No. 16B8 December 2, 2008 Page 13 of 23 TRENCH SAFETY ACT Bidder acknowledges that included in the various items of the bid and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The Bidder further identifies the cost to be summarized below: Trench Safety Measure (Description ) Units of Measure (LF.SY) Unit (Quantitv) Unit Cost Extended Cost 1. 2. 3. 4. 5. TOTAL $ Failure to complete the above may result in the Bid being declared non-responsive. Dated \ \ / () j/O--8 ( h~L~ ~J'lA MDVWV> ~er ~- ~{. G to RG C tv' U ,,:HJ-t. p~~ BY: GC-P-6 Agenda Item No. 1688 December 2, 2008 Page 14 of 23 (i) AFFIDAVIT FOR CLAIMING STATUS AS A LOCAL BUSINESS STATE OF FLORIDA and the COUNTY OF COLLIER ITS#:08-5135 Bridge Repairs (Chokoloskee, Goodland, Green Boulevard and Oil Well Road) BIDDER AFFIRMS THAT IT IS A LOCAL BUSINESS AS DEFINED BY THE PURCHASING POLICY OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE REGULATIONS THERETO. AS DEFINED IN SECTION XI OF THE COLLIER COUNTY PURCHASING POLICY; "Local Business" means a Collier County business that has a valid occuDational license issued bv Collier County at least one year Drior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. GC-P-7 Please provide the following information for the Bidder: Year Business Established in Collier County: 4L Number of Employees (Including Owner(s) or Corporate OfficerS):...! r Number of Em:j.ees Living in Collier County (Including Owner(s) or Corporate Officers): t-1.A Agenda Item No. 1688 December 2, 2008 Page 15 of 23 If requested by the County, bidder will be required to provide documentation substantiating the information given in this affidavit. Failure to do so will result in bidder's submission being deemed not applicable. tjJUA\ACCO--L f: o..A.. ~ H o~ ) :r tJ c-. B;'L ~/ Signature ~~ Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to and Subscribed Before M~,ta Notary Public, ~r the above State and County, on this {l~ Day of ---lP /::)'1 ,20 D . t- " l' -- , l~ Notary Public ,\\\\111111''''1 ....'",\\\\ ~arko 'II~II;,- ~ _\~~....\..... ~A ;.:.; ! '-":....~1-~'r'i...,~. ...~ g .... 06125/2010"" ~ - .. . ~ ~ i H01ARY PUBliC j E t ..... Commluiol''/ S %~....DDlml!....& ! '" 7'(.........".......,:,' '// I, 0 F <I Ij" " II/I r\. \\\\\ 01/1111111\\\\\ My Commission Expires: (AFFIX OFFICIAL SEAL) GC-P-8 Agenda Item No. 1688 December 2, 2008 Page 16 of 23 Upon notification that its Bid has been awarded, the Successful Bidder will execute the Agreement form attached to the Bidding Documents within ten (10) calendar days and deliver the Surety Bond or Bonds and Insurance Certificates as required by the Contract Documents. The bid security attached is to become the property of the Owner in the event the Agreement, Insurance Certificates and Bonds are not executed and delivered to Owner within the time above set forth, as liquidated damages, for the delay and additional expense to the Owner, it being recognized that, since time is of the essence, Owner will suffer financial loss if the Successful Bidder fails to execute and deliver to Owner the required Agreement, Insurance Certificates and Bonds within the required time period. In the event of such failure, the total amount of Owner's damages, will be difficult, if not impossible, to definitely ascertain and quantify. It is hereby agreed that it is appropriate and fair that Owner receive liquidated damages from the Successful Bidder in the event it fails to execute and deliver the Agreement, Insurance Certificates, and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of bidding if the Successful Bidder fails to execute and deliver the Agreement, Insurance Certificates, and Bonds in a timely manner. Project Days Days Final Total Substantial Completion Days Completion 85 15 100 65 10 75 90/100 20/20 110/120 100 15 115 Upon receipt of the Notice of Award, the undersigned proposes to commence work at the site within 5 calendar days from the commencement date stipulated in the written Notice to Proceed unless the Project Manager, in writing, subsequently notifies the Contractor of a modified (later) commencement date. The undersigned further agrees to substantially complete all work covered by this Bid per project site within consecutive calendar days in the table below, computed by excluding the commencement date and including the last day of such period, and to be fully completed to the point of final acceptance by the Owner within consecutive calendar days specified in table below after Substantial Completion, computed by excluding commencement date and including the last day of such period. Chokoloskee Green Boulevard Goodland Oil Well Road GC-P-9 Agenda Item No. 1668 December 2, 2008 Page 17 of 23 Resoectfullv Submitted: State of County of Florida Miami-Dade c; 8:> IL<O b MU/.lJJt , being first duly sworn on oath deposes and says that the Bidder on the above Bid is organized as indicated and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them. c-\IIM~~ MUNUC that it has examined and ca fully prepared Its Bid from the Bidding Documents, including the Contract Drawings and Specifications and has checked the same in detail before submitting this Bid; that the statements contained herein are true and correct. , also deposes and says (a) Corooration The Bidder is a corporation organized and existing under the laws of the State of Florida, which operates under the legal name of _American Earth Movers, Inc., and the full names of its officers are as follows: President Georae Munne Secretary Christv Munne Treasurer Manager The _George Munne is authorized to sign construction bids and contracts for the company by action of its Board of Directors taken , a certified copy of which is hereto attached (strike out this last sentence if not applicable). (b) Co-Partnershio The Bidder is a co-partnership consisting of individual partners whose full names are as follows: GC-P-10 Agenda Item No. 16B8 December 2. 2008 Page 18 of 23 The co-partnership does business under the legal name of: (c) Individual The Bidder is an individual whose full name is and if operating under a trade name, said trade name is DATED legal entity Witness Name of Bidder (Typed) BY: Witness Signature Title STATE OF Florida COUNTY OF Miami-Dade The foregoing insillJrnent w~ ackn.p'1'ledged before me this ~aY of ttJOV _, 2008, Qv (6 'SO 7( 65 1\1\ U P 1J e , as _fJ&D.~ of ~~, <- ~ b . corporation, on behalf of the corP;Q.l'at~n. e he is ersorally kno n to me or has produced ~ . . as identification and did (did not) take an oath. t II~ . My Commission Expires: _ . J \ (Signature of Notary) .v ^ \, . NAME: .Iv A tJ 13 AI<. ~\C. (Legibly Printed) """\\~\\ B,~1f'"II, $" '~"'~';'p'I''',~Oi< ,...... ~ " ..." '''''''~ ~ ? .... 08/25/201'" ~ (AFFIX OFFICIAL SEAL) Notary Public, State ~ ! NO'A,,. 0 \ ~ Commission No.: '= : r:.. fVIl/C)1 ~ " cP ". .. '"1/" I € ~::;';}8i1!lll /~ ~ ~ cO.~..,,-~~~-~ ~/ff. " flC~~"\,,'\.'" 11'1'1"t~'I~~~l\~II\''G GC-P-11 Agenda Item No. 1688 December 2, 2008 Page 19 of 23 THIS SHEET MUST BE SIGNED BY VENDOR BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Purchasing Department BIDDERS CHECK LIST IMPORTANT: Please read carefully, sign in the spaces indicated and return with your Bid. Bidder should check off each of the following items as the necessary action is completed: 1. The Bid has been signed. 2. The Bid prices offered have been reviewed. 3. The price extensions and totals have been checked. 4. The payment terms have been indicated. 5. Any required drawings, descriptive literature, etc. have been included. 6. Any delivery Information required is Included. 7. local Vendor Preference Affidavit completed. 8. If required, the amount of Bid bond has been checked, and the Bid bond or cashiers check has been included. 9. Any addenda have been signed and included. 10. The mailing envelope has been addressed to: Purchasing Director Collier County Govemment Center Purchasing Building 3301 Tamlami Trail, East Naples, Florida 34112 11. The mailing envelope must be sealed and marked with: e>Bid Number; e>Project Name; e>Opening Date. 12. The Bid will be mailed or delivered in time to be received no later than the specified ooenino date and time. (Otherwise Bid cannot be considered.) ALL COURIER-DELIVERED BIDS MUST HAVE THE BID NUMBER AND PROJECT NAME ON THE OUTSIDE OF THE COURIER PACKET ~rican Earth Movers. Inc. Bidder me ~/ Si9"otu~/ I DATE: I \ ~ '1 0 ? ( I GC-P-14 CGc061280 08/19/08 088035670 ?$!I'~;"",,, ~c' . ~Pt: ",~~",,\t!r~ ~~,"""~''.c':- " .~..' ". 'J.':"- '\\-' -"-. ,~:.;..., ",' , ~ .,,;0- . , STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 Agenda Item No. 1688 December 2, 2008 Page 20 of 23 (8501 487-1395 DURANT, THOMAS WILLIAM AMERICAN EARTH MOVERS INC 821 NE 79TH STREET MIAMI FL 33138 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to selVe you better. For information about our services, please log onto www.myflorldalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thank you for doing business in Florida, and congratulations on your new license! AC# 3928271 eSTATE OF FLORIDA :. DEPARTMENT OF BUSINESS AND , . . PROFESSIONAL REGULATION CERTIFIED GEN'ERALCOHTRACTOR DURANT, THOMAS' lfIIoLIAIII AM'BRICAN' EARTH MOVERS IRC IS C2'RTIFIB:D \Uld.r tb. providona gf cb.489 J'S bpU-..eiaQ dilt., AUG- 31, 2010 L08081902340 DETACH HERE AC# 3928271 ..... . " ..'/""i;i~;{.'}~~J~;~~,fL~IDA' DEPARni:EW &1~;iiI&S!S!ilro PROFESSIONAL REGULATION .;...;. ;',C::~S~:,~WH~Pg~RY,LrCEl'lSING BOARD SEQ#L08081902341l '- " - --- .". ':~: "-'/l~:;=:,/_: _~".;f;':, ;;-(/.c..~~l'}f! ~,.." --.', LICENSENBS.?c~~ )~I,;;.:i!;f,' . 08 19 2008 088035570;:CGC06.iZ-8f1' .,yk"f;~;~:t The GENERAL CONTRACTd~.>,)"::;~ !;;iv-r'c,:o.~~T Named belowISCERTIFI:ED',,,\,;,g, ~ii'1A'!!~' -;, Under the provisions 6r Cha~iie:;;:; Expiration date: AUG 31, 2010U DURANT. . THOMAS, wIrliD~:i;~3:'\~,~: AMERICAN EARTH MO~RS I:1ft;;r\qt:',,;~\, ,,"cc~' , 821 NE 79TH' STREET"'c".',>.o"fm \:;" MIAMI FL 33138 "',.""',,.. CHARLIE CRIST GOVERNOR.,' . '.f:J}CXf.t; ~~}:r;N;" .. QjsPtA'V'AS REQUIRED BY LAW CHARLES W. DRAGO SECRETARY :,- "t;, -~, Agenda Item No. 16B8 December 2, 2008 Page 21 of 23 ( BID BOND KNOW ALL MEN BY THESE PRESENTS, that we American Earth Movers, Inc. (herein after called the Principal) and The Cuarantee Company of North America USA (herein called the Surely), III corporation chartered and existing under the laws of th~ state of HI with Its principal o1'fices in the city of 56uthfield and autnoriZed to do business in the State of FL are held and firmly bound unto the Coll; er County PurOha.i n9 Department (hereinafter called the OWner), In the full and just sum of Fi ve Percent of Amcunt Bi d dollars ($ 5% ) good and lawful money of the United stlllea of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, and executo""" llldmlnlstrators, and 8sslgns, jointly and s~""'rally and firmly by these presents. Whereas, the pr1nclpal Is about to SUbmit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to furnish, Install, and fully complete the Work on the Project known as Bd doe Rep,i rs : Bridge Repai", (ChokoJosklle, Goodland. Green Boulevard and Oil Well Road) Bid No. Oa.a135 NOW, THEREFORE, if the OWner 5hall accept the Bid of the PRJN~IPAL and the PRINCIPAL shall enter irtto the required Agreement with the Owner and wtthln ten days after the date of a written Notice of Award In aocordance wtth the lerTT1$ of such Bid, and give such bond or bonds in an amount of 100% the total Contract Amount as specifiEld In the Bidding Documents or Contract Documents with Qood and sufficient suraty for the faithful performance of the Agreement and for the prompt payment of lebor, malerfallil and supplies furnished In the prosecution thereof or, in the event of the failure of the PRINCIPAL to enter Into such Agreement or to give such bond or bonds, and deliver to Owner the required certificates of insurance, if the PRINCIPAL shall pay to the OBLIGEE the fixed sum of $ 5% noted above as liquidated damages, and not as a penalty, as provided in the Bidding Documents, then this obligation shall be null and void, otherwise to remain in fun force gnd effect. GC-P-12 ~ Agenda Item No. 1688 December 2, 2008 Page 22 of 23 IN TESTIMONY Thereof, the PrinCipal and Surety have caused these presents to be duly signed and sealed this 5th day of November , 2008. BY f;;: ..~, -[~ > Principal Countersigned Local R....ident Produoing Agent for (Seal) Surety (Seal) Nielson & Compan GC.P-13 Agenda Item No. 1688 December 2, 2008 Page 23 of 23 THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA. a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Charles J. Nielson, Warren M. Alter, Charles D. Nielson, Joseph P. Nielson, David R, Hoover Nielson and Company, Inc. - Miami Lakes its true and lawful attomey(s)~in~fact to execute, seal and dellver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by taw, statute. rule, regulation. contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attomey is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the 8y~Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 3111I day of December, 2003. The President. or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attomey(s}-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other witings obligatory in the nature thereof; and 2. To revok.e, at any time, any such Attomey.in-fact and revoke the authority given, except as provided below 3. In connection INith obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey.in~Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 31 III day of December 2003. of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 1s1 day of May. 2008. THE GUARANTEE COMPANY OF NORTH AMERICA USA ~.J /6." I STATE OF MICHIGAN County of Oakland Stephen Dullard, Vice President Randall Musselman, Secretary On this 1st day of May, 2008 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. Cynthia A. T akai Notary Public, State of Michigan County of Oakland My Commission Expires February 27,2012 . Acting in Oakland County ~~ (). 7~ I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. IN WIT~ESS WHEREOF. I have thereunto set my hand and attached the seal of said Company this 5 day of Novembe r ,2008 . ~"'rEEC .. 0", :.@; O~Tl.tA"'fi.~(," It' Randall Musselman, Secretary