Maggolc-Bid Documents RFP #PW-2015-19(0 (7�,. �
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
Citywide Drainage Improvement Projects
RFP #PW- 2015 -19
Submittal Due Date: August 14, 2015 at 1 I AM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "CSM ") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request
for Proposals" or "RFP "). All references in this Solicitation (also referred to as an "Invitation for Proposals" or
"Invitation to Bid ") to "City" shall be a reference to the City Manager, or the manager's designee, for the City of
South Miami unless otherwise specifically defined.
The City is hereby requesting sealed proposals in response to this RFP #PW- 2015 -19 "Citywide Drainage
Improvement Projects." The purpose of this Solicitation is to contract for the services necessary for the
completion of the project in accordance with the Scope of Services, (Exhibit I, Attachment A, 4 C, & D) and
Respondents Cost and Technical Proposal, Exhibit S, or the plans and /or specifications, if any, (Exhibit 1;
Attachment B IS D), described in this Solicitation (hereinafter referred to as "the Project" or "Project")
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the
City Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage:
http:/ /www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information.
Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package,
including all documents listed in the Solicitation.
The Proposal Package shall consist of one (1) original unbound proposal, three ( 3 ) additional copies and one (1)
digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the
Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The
entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope
Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is
delivered: "Citywide Drainage Improvement Projects," RFP #PW- 2015 -19 and the name of the
Respondent (person or entity responding to the Solicitation. Special envelopes such as those provided by UPS or
Federal Express will not be opened unless they contain the required Envelope Information on the front or back of
the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no
later than 11:00 A.M. local time on August 14, 2015. Hand delivery must be made during normal business
days and hours of the office of City Clerk.
A public opening will take place at I I A.M. on the same date in the City Commission Chambers located at City
Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after I I A.M. local time on said date will not
be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved
against the person submitting the proposal and in favor of the Clerk's receipt stamp.
A Non - Mandatory Pre - Proposal Meeting will be conducted at City Hall in the Commission
Chambers located at 6130 Sunset Drive, South Miami, FI 33143 on, August 3, 2015 at 10:30 A.M. The
conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and
provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this
Solicitation Package. The City reserves the right to award the Project to the person with the lowest, most
responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City
Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or
Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a
Respondent or Respondents, other than to one who provided the lowest Proposal Price or, if the Scope of the
Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent.
Maria M. Menendez, CMC
City Clerk, City of South Miami
Proposal Submittal Checklist Form
Citywide Drainage Improvement Projects
RFP #PW- 2015 -19
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be
identified in an addendum to this Solicitation. The response shall include the following items:
X Schedule of Values EXHIBIT 1, Attachment A & C f
X
Indemnification and Insurance Documents EXHIBIT 2
X
Bid Form EXHIBIT 4
X
Respondents Cost & Technical Proposal, EXHIBIT 5
X
Signed Contract Documents (All — including General Conditions
and Supplementary Conditions if attached) EXHIBIT 6; 7 & 8
Performance and Payment Bonds (As a Condition Award. Not
required with Submittal.) EXHIBIT 9 & 10
X
Respondents Qualification Statement
✓
X
List of Proposed Subcontractors and Principal Suppliers
X
Non - Collusion Affidavit
X
Public Entity Crimes and Conflicts of Interest
X
Drug Free Workplace
✓
X
Acknowledgement of Conformance with OSHA Standards
✓
X
Affidavit Concerning Federal & State Vendor Listings
X
Related Party Transaction Verification Form
X
Presentation Team Declaration /Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and /or documents.
END OF SECTION
RESPONDENT QUALIFICATION STATEMENT
Citywide Drainage Improvement Projects
RFP #PW- 2015 -19
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last three (3) completed similar projects.
a) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
16
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Original Contract Completion Time
(Days): /1090
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price:
b) Project Name:
Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
Actual Final Contract Completion
Date:
Original Contract Price:
Actual Final Contract Price
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Original Contract Price: 20[)
Actual Final Contract Price:
3. Current workload
Project Name
Owner Name
Telephone Number
Contract Price
4. The following information shall be attached to the proposal.
a) RESPONDENT's home office organization chart. 1/
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on -site Superintendent. ✓
5. List and describe any:
13
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
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b) Any arbitration or civil or criminal proceedings, or
A.d A) 4p--
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years ,9d,v p--
6. Government References:
List other Government Agencies or Quasi - government Agencies for which you have done business within
the past five (5) years.
Name of Agency: CC
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project
14
RAzZIAG ww'plffl
ENGINEERING CONTRACTOR — LIC: E- 251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786-472-8831
maggolc(M- yahoo.com
PROJECTS UNDER CONSTRUCTION (All as a Prime Contractor)
Current Workload
1- FDOT- Districtwide (ADA) Push Button - Pedestrian Safety Improvement (Owner FDOT-
District 6 - $981,885.00) (Executed 26 %) (Completion August 2015) (305- 978 -0090 - Marina
Gershanovich)
2- Drainage Improvements Project Multiple Sites # 20140165 (Miami Dade County
$350,000) (Executed 75 %) (Completion September 30, 2015) (305- 375 -1918- Pedro
Marsan)
3- Sub -Basin 10 (SW 88 Ave) Paving & Drainage Improv. (Village of Palmetto Bay,
$922,633) (Executed 38 %) (Completion November 2015) (Danny Casals 305 - 969 -5011)
4- Sidewalk Improvements Multiple Sites (Miami Dade County $518,371) (Executed 21%)
(Completion May 30, 2016) (305- 297 -0795- George Coppolechia)
Mario G alez
Maggolc Inc. /President
M, m c
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ENGINEERING CONTRACTOR — LIC: E- 251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786. 472 -8831
mamolcOvahoo.com
SIMILAR DRAINAGE PROJECTS PERFORMED BY MAGGOLC INC.
1- MIA Building 3050 Parking Lot Drainage & Asphalt Improvement ($103,000) (Aviation Department Miami -
Dade County, Completed May 2011) (Greg Tai 305 -876 8444) (gtai @mikegconst.com)
2- SW 19 Terrace Roadway and Drainage Improvements ($184,585) (City of Miami, Capital Improvements
Department, Completed October 2011) (Maurice Hardie 786- 229 5463) (mhardie @miamigov.com)
3- SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of
Transportation, Completed December 2011) (Roland Rodriguez 305 -345 0696)
(rodriguez @pinnaclecei.com )
4- Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public
Works Dep., Completed December 2011) (Daniel Moretti 305 -669 6916) (moretti @pinecrest - fl.gov)
5- Long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmental Protection,
Completed February 2012) (Fred Hand 850 -488 6322) (Fred. Hand@dep.state.fl. us)
6- Phase IV Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012)
(Danny Casals 305 -969 5091) (dcasals @palmettobay - fl.gov)
7- Killian Park Road Stormwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012)
(Daniel Moretti 305 -669 6916) (moretti @pinecrest - fl.gov)
8- Progress Rd. Roadway and Drainage Improvements ($105,522) (City of South Miami, Completed January
2013) (Jorge Vera 305 -403 2072) Qvera @southmiamifl.gov)
9- NW 8th ST & NW 14 CT Roadway and Drainage Improvements ($425,895) (City of Miami, Completed May
2013) (Robert Fenton 786 - 263 -2133) (rfenton @miamigov.com)
10- Friedland Manor Drainage Improvements ($406,567) (City of Florida City, Completed June 2013) (Sean
Compel 786- 502 -0770) (sean.compel @stantec.com)
11- Biscayne Island Drainage Improvements ($735,559). (City of Miami, Completed March 2014) (Valentine
Onuigbo 786- 447 -9817) (vonuigbo @miamigov.com)
12- Beacom Project Area Improvements -Phase 1 ($767,132) (City of Miami, Completed March 2014) (Robert
Fenton 786 - 263 -2133) (rfenton @miamigov.com)
13- NW 11 ST from 27 Ave to 37 Ave. Area Roadway Improvements. ($188,874) (City of Miami, Completed
October 2014) (Valentine Onuigbo 786 -447 -9817) (vonuigbo @miamigov.com)
14- NW 18 PL Road and Drainage Improvements ($473,087.20) (City of Miami, Completed March 2015) (Robert
Fenton 786 - 263 -2133) (rfenton @miamigov.com)
15- Lummus Park Landing ($222,612.91) (City of Miami, Completed May 2015) (David Adato 305 -416 1899 /
786 -376 4391) (dadato @miamigov.com)
16- Beacom Project Area Improvements- Phase II ($818,978.96) (City of Miami, Completed July 2015) (Robert
Fenton 786 - 263 -2133) (rfenton @miamigov.com)
am A
MA
ENGINEERING CONTRACTOR — LIC: E- 251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786 -472 -8831
macacaolc(Dva hoo.com
CONTRACTS PERFORMED BY MAGGOLC INC.
1- Drainage Improvement for NW 22 CT from NW 107 ST to NW 112 ST, ($318,000) (Miami -Dade County Public
Works Dept., Completed Dec. 2007). (Alberto Estevez 786 -256 2627). (esteva @miamidade.gov)
2- Various Park Parking Lot Re- striping & Wheel Stop Replace. ($24,500) (Miami -Dade Park and Recreation
Dept. Completed March 2008). (305 - 596 4460)
3 -Seal Coat and Re- striping of Station 131 Logistics Parking Area. ($19,000) (Miami -Dade Fire Rescue Dept.
Completed July 2008). (786 -331 4529)
4- Norman and Jean Reach Park/Foul ball Netting. ($25,000) (Miami -Dade Park and Recreation Dept.,
Completed June 2008). (305 -596 4460)
5- Olympic Park Concrete Sidewalk Construction. ($184,000) (Miami -Dade Park and Recreation Dept.,
Completed July 2008). (Dan Crawford 305 -596 4460) (dc93 @miamidade.gov)
6- Dolphin Archaelogical Site Concrete Sidewalk Construction., ($114,084) (Miami -Dade Park and Recreation
Dept., Completed July 2008). (Dan Crawford 305 -596 4460) (dc93 @miamidade.gov)
7- Countywide Repair of Existing Asphalt Pavement. (Milling & Resurfacing) ($949,990) (Florida Department
of Transportation, Dist. Six, Executed the year 2008 and renewed for to year 2009 and 2010, Completed June
2011). (Janice Corn 305 -256 6359) (Janice.corn @dot.state.fl.us)
8- Countywide Intersections Improvement, Roadway and Drainage. ($443,637) (Miami -Dade County Public
Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305 -299 9822) ara @miamidade.gov)
9 -West Perrino Park Concrete Slabs, Sidewalks and Poured in Place. ($34,000) (Miami -Dade Park and
Recreation Dept., Completed January 2009). (305 -596 4460)
10 -West Little River Asphalt Driveways Phase IV -B. ($68,000) (Miami -Dade County Office of Community and
Economic Development, Completed January 2009). (Mario Berrios 786 -469 2112) (mberr @miamidade.gov)
11- Brentwood Pool Park New Asphalt Walkways. ($34,000) (City of Miami Gardens, Completed April 2009).
(305 -622 8000) (fallen @miamigardens - fl.gov)
12- Country Club of Miami Parcel 1169 & 1168 -E New Asphalt Walkways. ($178,000) (Miami -Dade Park and
Recreation Dept., Completed July 2009). (Dan Crawford 305 -596 4460) (dc93 @miamidade.gov)
13- Country Club of Miami Grading, Sitework & Greens. ($107,000) (Miami -Dade Park and Recreation Dept.,
Completed August 2009). (305 -596 4460)
14 -SR 907 (Alton Rd) at Allison Dr. for Drainage and Retention Improvements. ($134,000) (FDOT, Completed
December 2009) (Anthony Sabbag 305 -256 6380) (anthony.sabbag @dot.state.fl.us)
15- West Little River Asphalt Driveways Phase IV -D. ($35,000) (Miami -Dade County Office of Community and
Economic Development, Completed December 2009). (Mario Berrios 786- 469 2112) (mberr @miamidade.gov)
16- District 2- Sidewalk Repair Project II ($75,300) (Public Works Dep. City of Miami, Completed March 2010)
(Fabiola Dubuisson 305 - 4161755 & 305 -801 7816) (fdubuisson @miamigov.com)
17 -Blue Road Roundabouts Re -Bid ($145,000) (Public Works Dep. City of Coral Gables, Completed March
2010) ( 305 -460 5018) (epino @coralgables.com)
18- Harbor Drive Lighting and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key
Biscayne April 2010) (786 -255 6765) (anunez @keybiscayne.fl.gov)
19- District 1- Sidewalk Repair Project If ($95,990) (Public Works Dep. City of Miami, Completed September
2010) (Fabiola Dubuisson 305 -416 1755 & 305 -801 7816) (fdubuisson @miamigov.com)
20- Golden Shore Park Pavers Sidewalk ($23,895.00) (Public Works Dep. City of Sunny Isles Beach, November
2010) ( 305 -947 0606) (gbatista @sibfl.net)
21 -AD Barnes Park Asphalt Walkways ($86,615.00) (Miami -Dade Park and Recreation Dept., Completed
December 2010) (305 -755 7985) (rttolon @miamidade.gov)
22- Installation of Sidewalks and Ramps along NE 12 Ave ($123,750.00) (Public Works Dep. City of North
Miami, Completed December 2010) (Gerardo Hernandez 305 -893 6511) (ghernandez @northmiamifl.gov)
23- Intersection Realignment SW 139 Terr & SW 140 Dr. and East Guava Street One Way Street Conversion
($36,775) (Public Works Dep., Village of Palmetto Bay, Completed December 2010) (305 -969 5011)
(dcasals @palmettobay - fl.gov)
24- District #3 Citywide ADA Sidewalk Improvements, ($107,414) (Public Works Dep. City of Miami, Completed
February 2011) (Fabiola Dubuisson 305 416 1755 & 305 -801 7816) (fdubuisson @miamigov.com)
25- District 91 Citywide ADA Sidewalk Improvements, ($155,523) (Public Works Dep. City of Miami, Completed
May 2011) (Fabiola Dubuisson 305 416 1755 & 305 -801 7816) (fdubuisson @miamigov.com)
26- MIA Building 3050 Parking Lot Drainage & Asphalt Improvement ($103,000) (Aviation Department Miami -
Dade County, Completed May 2011) (Greg Tai 305 -876 8444) (gtai @mikegconst.com)
27- MIA- NW 67 Ave & NW 36 Street Intersection Improvements ($65,000), (concrete works) (Aviation
Department Miami Dade County, Complete July 2011) (John Peterson 305 -622 8000) apet @mikegconst.com)
28- District 94 Citywide ADA Sidewalk Improvements, ($149,397) (Public Works Dep. City of Miami, Completed
October 2011) (Fabiola Dubuisson 305 -416 1755 & 305 -801 7816) (fdubuisson @miamigov.com)
29- Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 122 Ave. ($87,703) (Miami Dade Park &
Recreation Department, Completed October 2011) (Ruben Teurbe Tolon 786 -586 8360) (rttolon @miamidade.gov)
30- SW 19 Terrace Roadway and Drainage Improvements ($184,585) (City of Miami, Capital Improvements
Department, Completed October 2011) (Maurice Hardie 786 - 229 5463) (mhardie @miamigov.com)
31- SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of
Transportation, Completed December 2011) (Roland Rodriguez 305 -345 0696)
(rodriguez @pinnaclecei.com)
32- Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public
Works Dep., Completed December 2011) (Daniel Moretti 305 -669 6916) (moretti @pinecrest - fl.gov)
33- Long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmental Protection,
Completed February 2012) (Fred Hand 850 -488 6322) (Fred. Hand@dep.state.fl. us)
34- District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami, Completed
February 2012) (Fabiola Dubuisson 305 - 4161755 & 305 -801 7816) (fdubuisson @miamigov.com)
35- SW 64 Street Corridor Improvement, ($60,000) (Public Works Dep. City of South Miami, Completed
February 2012) (Keith A. Ng 305 -403 2072) (kng @southmiamifl.gov)
36- Long Key State Park Campground Entrance Modification ($49,450) (Florida Department of Environmental
Protection, Completed July 2012) (Fred Hand 850 -488 6322) (Fred.Hand @dep.state.fl.us)
37- FDOT LAP Roadway Improvements Project ($117,371) (Public Works Dep. City of Sweetwater, Completed
July 2012) (Eric Gomez 305 -553 5457) (egomez.egsc @att.net)
38- SR 941SW 88 ST/ Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed
October 2012) (Roland Rodriguez 305 -345 0696) (rrodriguez @pinnaclecei.com)
39- Phase IV Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012)
(Danny Casals 305 -969 5091) (dcasals @palmettobay - fl.gov)
40- Killian Park Road Stormwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012)
(Daniel Moretti 305 -669 6916) (moretti @pinecrest - fl.gov)
41- Progress Rd. Roadway and Drainage Improvements ($105,522) (City of South Miami, Completed January
2013) (Jorge Vera 305 -403 2072) avera @southmiamifl.gov)
42- ARRA Municipalities Group B: City of Miami Gardens Bus Shelters ($894,000) (Miami Dade Transit,
Completed March 2013) (Javier Salmon 786 -473 4710) asalmon @miamidade.gov)
43- 1 -1951 Julia Tuttle from SR 51 Biscayne Blvd to SR 907/ Alton Rd - Bike Path / Trail ($121,520) (Florida
Department of Transportation, Completed March 2013) (Roland Rodriguez 305 -345 0696)
(rrodriguez @pi nnaclecei.com )
44- NW 8th ST & NW 14 CT Roadway and Drainage Improvements ($425,895) (City of Miami, Completed May
2013) (Robert Fenton 786 - 263 -2133) (rfenton @miamigov.com)
45- Friedland Manor Drainage Improvements ($406,567) (City of Florida City, Completed June 2013) (Sean
Compel 786 - 502 -0770) (sean.compel @stantec.com)
46- SR 9 (NW 27 Ave), From NW 79 ST to NW 84 ST Roadway Improvements ($119,000) (Florida Department
of Transportation, Completed July 2013) (Roland Rodriguez 305 -345 0696) (rrodriguez @pinnaclecei.com)
47- Sidewalk Improvements along SR A1A/ Collins Ave @ SR 8261 NW 63 ST. ($205,521) (Florida Department
of Transportation, Completed October 2013) (Roland Rodriguez 305 -345 0696) (rrodriguez @pinnaclecei.com)
48- Doral Trolley Route 3 Infrastructure Improvements. ($114,210) (City of Doral, Completed November 2013)
(Rudy de la Torre 786- 236 -5912) ( rudy.delatorre @cityofdoral.com)
49- Doral Trolley Infrastructure Improvements Citywide. ($217,349) (City of Doral, Completed December 2013)
(Rudy de la Torre 786 - 236 -5912) ( rudy.delatorre @cityofdoral.com)
50- Wild Lime Park Parking Expansion and Concrete Walkway. ($201,442) (Miami Dade Park & Recreation
Department, Completed January 2014) (Leroy Garcia 786 - 210 -5937) (garcial @miamidade.gov)
51- Biscayne Island Drainage Improvements ($735,559). (City of Miami, Completed March 2014) (Valentine
Onuigbo 786 - 447 -9817) (vonuigbo @miamigov.com)
52- Beacom Project Area Improvements -Phase 1 ($767,132) (City of Miami, Completed March 2014) (Robert
Fenton 786 - 263 -2133) (rfenton @miamigov.com)
53- Sunset Drive Downtown Median. (84,663) (City of South Miami, Completed October 2014) (Ricardo Ayala
305 - 403 -2072) (rayala @southmiamifl.gov)
54- NW 11 ST from 27 Ave to 37 Ave. Area Roadway Improvements. ($188,874) (City of Miami, Completed
October 2014) (Valentine Onuigbo 786- 447 -9817) (vonuigbo @miamigov.com)
55- Districtwide Minor Asphalt Repair. ($250,000) (FDOT, District 6, Completed December 2014) (John Garzia
305 - 640 -7177) (john.garzia @dot.state.fl.us)
56- Multiple Parks - ADA Improvements ($336,741.68) (Miami Dade Park & Recreation Department, Completed
January 2015) (Leopoldo Aybar 786- 201 -2422) (aybar @miamidade.gov)
57- NW 18 PL Road and Drainage Improvements ($473,087.20) (City of Miami, Completed March 2015) (Robert
Fenton 786 - 263 -2133) (rfenton @miamigov.com)
58- Lummus Park Landing ($222,612.91) (City of Miami, Completed May 2015) (David Adato 305 -416 1899 /
786 -376 4391) (dadato @miamigov.com)
59- Beacom Project Area Improvements- Phase II ($818,978.96) (City of Miami, Completed July 2015) (Robert
Fenton 786 - 263 -2133) (rfenton @miamigov.com)
MA,
ENGINEERING CONTRACTOR — LIC: E- 251302
11020 SW 55 ST., MIAMI, FL 33185
PHONE: 786-291-2949 FAX: 786 -472 -8831
maaaolcOyahoo.com
OFFICE ORGANIZATION CHART
Mario Gonzalez, BD
President
General Superintendent
Olga Leon Esmildo Leon
Office Manager Accounting Manager
Juan Ruiz
Field Construction Manager
Miguel Valdivia Reimy Esquivel Jorge Finol
Concrete Crew Concrete & Asphalt Drainage & Utilities
Forman I Crew Forman I Crew Forman
PROJECT ORGANIZATION CHART
Olga Leon
Office Manager
Marlo Gonzalez, BD
President
General Superintendent
EsmUdo Leon
Accounting Manager
Juan Ruiz
Field Consttuction Manager
Reimy Esquibel Miguel Angel Valdivia Jorge Find
Concrete Crew Concrete & Asphalt Drainage & Utilities
Forman 11 Crew Forman I Crew Forman
4-4 - x._
Engineering Contractor — Lic. E- 251302
11020 SW 55 ST., Miami, FL 33165
Phone: 786-291-2949 Fax: 786 -472 -8831
macaoicOvahoo.com
RESUME:
MARIO GONZALEZ
Superintendent/ Project Manager of Maggolc Inc.
Gonzalez is a Roadway Construction and Civil Engineer with over 24 years of progressive experience in the
fields of highway and railway design, construction, maintenance, and operations.
EDUCATION:
Instituto Superior Politecnico (Higher Polytechnic Institute) "Julio Antonio Mella ", Santiago de Cuba, Cuba.
Degree: INGENIERO VIAL (Roadway Construction Engineer), July 1988. This is equivalent to a Bachelor
of Science in Civil Engineering (BSCE) from a regionally accredited institution of higher education in the United
States.
Universidad Central de Venezuela, Caracas, Venezuela.
Degree: INGENIERO CIVIL (Civil Engineer), July 1997.
CERTIFICATIONS:
- TROXLER Electronics Lab - Nuclear Gauge Safety Training, (2001 & 2004)
- FDOT — MUTCD/Maintenance of Traffic, Intermediate Level (2014)
- ASPHALT PAVING TECHNICIAN — Level 1 (2004)
- EARTHWORK CONSTRUCTION INSPECTION — Level 1 (2005)
- ACI, Concrete Field Testing Technician- Grade 1. (2005)
- FDOT Concrete Field Inspector Specifications. (2005)
LICENSES:
- General Engineering Contractor
- General Building Contractor
- Registered and Certificate State of Florida Undergraund Utilities Contractor.
- Registered General Contractor State of Florida
WORK EXPERIENCE:
MAGGOLC INC., Miami, Florida, USA. (June 2005 to Present).
Gonzalez is the owner and president of Maggolc Inc., this is an Engineering Contractor Company. Specialized in
Drainage Systems, Pavement and Concrete.
Work Executed:
- Beacom Project Area Drainage and Road Improvements- Phase H (City of Miami) 2015
- NW 18 PL Draiange and Road Improvements (City of Miami) 2015
- Multiple Parks - ADA Improvements (Miami Dade Park & Rec Dep.) 2015
- Districtwide Minor Asphalt Repair (FDOT) 2014
- NW 11 ST from NW 27 Ave to 37 Ave Area Roadway Improv. (City of Miami) 2014
- Sunset Drive Downtown Median (City of South Miami) 2014
- Dorm Ave Drainage Improvements (City of South Miami) 2014
- Beacom Project Area Improvements- Phase I (City of Miami) 2013
- Wild Lime Park Parking Expansion and Concrete Walkway (Miami Dade Park & Rec Dep.) 2013
- Biscayne Island Drainage Improvements (City of Miami) 2013
- Sidewalk Improvements along SR A1A/ Collins Ave @ SR 826 (FDOT) 2013
- SR 9 (NW 27 Ave) @ NW 79 ST Roadway Improvements (FDOT) 2013
- Friedland Manor Drainage Improvements (City of Florida City) 2013
- NW 8 ST & NW 14 CT Roadway & Drainage Improvements (City of Miami) 2013
- I -195/ Julia Tuttle Bike Path/ Trail (FDOT) 2013
- ARRA Municipalities Group B: City of Miami Gardens Bus Shelters (Miami Dade Transit) 2013
- Progress Rd Roadway & Drainage Improvements (City of South Miami) 2012
- Killian Park Rd Stormwater Improvements (Village of Pinecrest) 2012
- Phase IV Drainage Improvements. (Village of Palmetto Bay) 2012
- SR 94/ Kendall Dr at SW 142 Ave Roadway Improv. (FDOT) 2012
- FDOT LAP Roadway Improvements. (City of Sweetwater) 2012
- SW 64 Street Corridor Improv. (City of South Miami) 2012
- District #2 Citywide ADA Sidewalk Improvements. (City of Miami) 2012
- Long Key State Park - Resurface Campground Road (Florida Dep. of Environmental Protection) 2012.
- Suncrest Dr. & Moss Ranch Rd. Stormwater Improvements (Village of Pinecrest) 2011.
- SR 909 (Alton Road) at West 52 Street Drainage Improvements (FDOT District 6) 2011
- SW 19 Terrace Roadway & Drainage Improvements (CIP, City of Miami) 2011.
- Tamiami Canal Miccosukee Linear Park (Miami -Dade County, Park & Recreation Dep.) 2011.
- District #4 Citywide ADA Sidewalk Improvements (City of Miami) 2011
-MIA NW 36 Street & 67 Ave Intersection Improvement (concrete ) (Aviation Department M -D County)
2011
-MIA Building 3050 Parking Lot Improvements (Aviation Department M -D County) 2011
- District #1 Citywide ADA Sidewalk Improvements (City of Miami) 2011
- District #3 Citywide ADA Sidewalk Improvements (City of Miami) 2011
- Intersection Realignment SW 139 Terr. & SW 140 Dr. and Esat Guava ST One Way Street Conversion.
(Village of Palmetto Bay) 2010
- Installation of Sidewalks and Ramps along NE 12 Ave. (City of North Miami) 2010.
-AD Barnes Park Asphalt Walkways.. (M -D County Park & Recreation) 2010.
- Golden Shore Park Pavers Sidewalks. (City of Sunny Isles). 2010
- District 1, Sidewalks Repair. (City of Miami). 2010
- Crandon Park ADA Parking Space Striping and Signs. (M -D County Park & Recreation) 2010.
- District II, Sidewalks Repair. (City of Miami). 2010
- Harbor Drive Lighting and Resurfacing Improv. (Village of Key Biscayne) 2010
-Blue Road Roundabouts and Drainage. (City of Coral Gables) 2010
- Drainage Retention Improvements of State Rd. 907 (Alton Rd.) at Allison Drive. Milling and Asphalt
Resurfacing. (FDOT, District 6) 2009
- Country Club of Miami Park Concrete and Asphalt Walkway (Miami -Dade County, Park & Recreation
Dep.) 2009.
- Brendwood Park Asphalt Walkway. (City of Miami Gardens) 2009.
-West Little River Improve Asphalt Driveways. (Miami -Dade County Office of Community and Economic
Development) 2008.
-West Perrine Park Concrete Slabs and Poured Safety Surface. (M -D C Park and Recreation) 2008
- Asphalt Pavement Repair. Florida Department of Transportation (District 6). 2008 -2009, 2009 -2010 and
2010 -2011.
- Improve Intersections Countywide Project, include Milling and Asphalt Resurfacing. (Sidewalk, Handicap
Ramps, Curb & Gutters, Pavers, New Pavement, Drainage, Sodding (M -D County Public Work Dep.) 2008
-Seal Coat and Restriping of Station 13 and Logistics Parking Area. (MD County Fire Rescue Department)
2008
- Dolphin Archaeological Site Sidewalk Construction. (M -D County Park and Recreation) 2008.
- Olympic Park Sidewalks Construction. (M -D County Park and Recreation) 2007
- Norman & Jean Reach Park Foul Ball Netting. (M -D County Park and Recreation) 2007
- Drainage Improvement Project for NW 22 Court from NW 107 ST to NW 112 ST. (M -D County Public
Work Dep.). 2006, etc
Others Places where Gonzalez was workin¢.
SRS ENGINEERING, INC., Miami, Florida, USA. (August 2006 to July 2007).
Construction Field Inspector of Drainage and Roadway Restoration. (Public Work Department, Miami -Dade
County Projects).
- Allaphatta Phase I.
- Hardwood Village Phase H.
BERMELLO, AJAMIL & PARTNERS, INC., Miami, Florida, USA. (May 2005 to July 2006).
Quality Control (QC) Construction Inspector (DOT Projects): (Earthwork, Concrete and Asphalt).
- Okeechobee Road. (W 12 Ave to Palmetto Expwy)
-Miami Garden Drive. (NW 2 Ave to NW 17 Ave.)
- Biscayne Blvd. (NW 96 ST to NW 104 ST)
- Golden Gate Pkwy (Naples)
- Florida's Turnpike (Griffin Rd to Sunrise Blvd).
-A -1 -A (Key West).
MARLIN ENGINEERING INC., Miami, Florida, USA. (October 2000 May 2005).
February 2004 to May 2005.
Construction Field Inspector of Drainage and Roadway (FEMA -DERM, Miami -Dade County Projects).
Activities Included:
Verify of storm drainage structures in accordance with the approved shop drawings, installation of drainage and
pollution control structures, drainage pipe inverts, joints, seals, French Drain Systems, solid pipe placement and
bedding material. Check the Contractor's compliance with all Maintenance of Traffic.
Reconstruction of Pavement, Roadway Milling and Resurfacing; reconstruction of Curb and Gutter and
Sidewalks; Site Restoration, including Grading of Swales, Sod Placement, etc.
Requirements:
- Ensure the quality of the construction work, as per the Public Works Department
Manual, FDOT Standards, and Project Contract Documents.
- Ensure the full restoration of the project, including site cleanliness, swale grading, and sod placement.
- Keep records of daily activities, daily production, site testing, and progress of the work.
- Resolve complaints by residents resulting from construction activities.
March 2001 to February 2004: Project Engineer
Project Engineer for the design, roadway restoration, and storm drainage systems improvement, including
independent sites and community. (DERM/FEMA Program administered by the Division of Recovery and
Mitigation -DORM) in Miami -Dade County and City of Miami Storm Drainage Improvement Program).
Working closely with Microstation and AutoCAD software.
October 2000 to March 2001 and October 2002 to February 2003: Roadway Inspector.
Surveying, inspecting and drawing sketches for roadway restoration projects in Q.N.I.P, Public Work
Department of Miami -Dade County. Inspecting and supervising construction of asphalt patching, milling and
resurfacing operations.
ENGINEERING CONTRACTOR - UC: E-251382
11020 SW 65 ST, MIAMI, FL 33105
PHONE: 766. 2012000 FAX: 7U 472.4M
=aad hoo.com
MAGGOLC GOVERMENT REFERENCE LISTING
1) Company Name: Miami Dade County Public Works Department.
Address:111 NW 18tST 14 Floor, Miami, FL 33128
Contact Person: Joaquin Rabasse Telephone # 305 -299 9822, 305 -989 4943
2) Company Name: Miami Dade Park & Recreation Department.
Address:275 NW 2"d Street, 4t' Floor, Miami, FL 33128
Contact Person: Ruben Teurbe Tolon / Leroy Garcia Telephone # 305 755 5465
3) Company Name: Office of Community & Economic Development M-D County
Address:701 NW 18t CT 14 Floor Miami, FL 33136
Contact Person: Mario Berrios Telephone # 786 469 2112
4) Company Name: Florida Department of Transportation / Pinnacle Consulting
Address; 1773 NE 205 Street North Miami Beach, FL 33179
Contact Person: Roland Rodriguez Telephone # 305 640 7185
5) Company Name: City of Miami Gardens
Address: 1050 NW 163 Dr Miami Gardens, FL 33169
Contact Person: Osdel Larrea Telephone # 305 -622 8000 Ext. 3107
6) Company Name: City of Miami
Address:444 SW 2"d Ave, 8 Floor, Miami FL 33130
Contact Person: Fabiola Dubuisson Telephone # 305 4161755
7) Company Name: City of North Miami
Address:776 NE 125 Street, North Miami, FL 33161
Contact Person: Gerardo Hernandez Telephone # 305 895 9831
8) Company Name: Village of Key Biscayne
Address:88 West McIntyre Street, Suite 220 Key Biscayne, FL 33149
Contact Person: Armando Nunez Telephone # 305 365 7574
9) Company Name: City of Coral Gables
Address:2800 SW 72 Ave Miami, FL 33155
Contact Person: Ernesto Pino Telephone # 305 926 2784
10) Company Name: City of Miami - Capital Improvement Program
Address:444 SW 2nd Ave, 8th Floor, Miami, FL 33130
Contact Person: Maurice Hardie Telephone # 786-229 5463
11) Company Name: Stantec
Address: 901 Ponce de Leon Blvd Suite 900 Coral Gables, FL 33134
Contact Person: Sean Compel Telephone # 305 -445 2900 Ext. 2230, 786 -502 0770
12)Company Name: Village of Pinecrest
Address: 10800 Red Road, Pinecrest, FL 33156
Contact Person: Daniel F. Moretti Telephone # 305 -669 6916
13)Company Name: City of Florida City
Address: 404 West Palm Dr. Florida City, FL 33034
Contact Person: Richard Stauts Telephone # 305 247 8221 / 305 772 1157
14)Company Name: City of South Miami
Address: 6130 Sunset Drive South Miami 33143
Contact Person: Ricardo Ayala Telephone # 305 -403 2063
15)Company Name: City of Miami - Capital Improvement Program
Address:444 SW 2nd Ave, 8th Floor, Miami, FL 33130
Contact Person: Robert Fenton Telephone # 786 -263 -2133
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
Citywide Drainage Improvement Projects
RFP #PW- 2015 -19
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to
be used on this project if they are awarded the Contract.
Ciassification of Work
Landscape
Subcontractor
Address Telephone, Fax &
Email
Sodding and Turf Work
GCO
a r ys
r� 3
GIAVRC404 - ft F1 3
' 57 '
93
Electrical
Irrigation
Irrigation
Paving '048
G
.lO.V G!)
30,E -,�9'Z 34 J ,
H
41 L--F" _-qX7ZAe
rm^ --t-
-a
Graphics
Excavation
Building
Structures
Plumbing
Painting
Testing Laboratory
Soil Fumigator
Signs
Other:
This list shall be provided to the City of South Miami by the apparent lowest responsive and responsible Bidder
within five (5) business days after Bid Opening.
END OF SECTION
Is
lit.
Z/- /caoc
7--74-.
3 - lit/.
T�
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI -DADE )
Q r O 1% = z..*Je I/ being first duly sworn, deposes and states that
(1) FWShe/They is /are the ocy N.C�
(Owner, Partner, Officer, Representative or Agent) of
VA Raa the Respondent that has submitted the
attac ed al;
(2) he/They is /are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent 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 Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly, sought by agreement or collusion, or communication, or conference with any
Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance,
or unlawful agreement any advantage against (Recipient), or any person interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, inc di g this affiant.
Signed, se.Ael and delivered in the presence of
Signature V
r
et I'►�d i
Loll Print Name and Titles
B // I /J
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI -DADE )
On this the /3 day of ��I T , 20 before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before
16
notary) rzq�" O *'0"j ?'q /pZ and whose e(s) is/are Subscribed to the
within instrument, and he/she /they acknowledge that he /she /they executed it.
WITNESS my hand and official seal.
No Public, State of FI ida
NOTARY PUBLIC:
SEAL OF OFFICE: �9/-J-P.Mq
Pame of Notary Pub : Print, Stamp or type as commissioned.)
YUNEWY BARACALDO CABALLERO
•"= MY COMMISSION 0 FFSO9996
EXPIRES July 14, 2019
1407) 3Y8 -0l63 FWW&Nah .con
17
'*A Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
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
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or
proposal for a Contract with a public entity for the construction of repair of a public building or public work, may
not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work
as a RESPONDENT, Sub - contractor, supplier, Sub - consultant, 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
Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor
list ".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes.
Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who
is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES. 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.
This sworn statement is submitted to
f a 41-0�G4 /A4-a---Z
name of the public entity]
i individual's nagae and title G
for 6L!J q,-r —7- •
[print n e f entity submitting sworn statement]
whose business address is /10 " ca-00 ss
_W 0L_"__-z_0 9�-,L 33/6.
and (if applicable) its Federal Employer Identification Number (FEIN) is 7.0— 3 3 ¢ t--73�r(lf the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States, including, but not limited to , any bid, proposal or contract for goods or services
to be provided to any public entity or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida
Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or
nolo contendere.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes. means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An 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 crime. The term "affiliate" includes those officers,
18
directors, executives, 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 any 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 prima 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.
5. 1 understand that a "person" as defined in Paragraph 287.133 (1) (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 proposal or applies to bid or proposal 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 term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in management of an
entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity / submitting this sworn statement. [Indicate which statement applies.]
V Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are 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 affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
1, 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 affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July
I, 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
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.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, D THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS I UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERIN INT A O%`"TRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA TAT TES, FQR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this / 3 day of /4!
Personally known
X
20 /S
OR Produced idef'i ti n Notary Public — State of L
My commission expires
(Type of identificat n) / (Printed, typed or stamped commissi ned /
Form PUR 7068 (Rev.06 /1 1/92) name of notary public)
YUNENY BARACAM CABALLERO
_ MY COMMISSIONS FFBM96
EXPIRES July 14, 2019
140713YB -0'53 Floifdeli0fa .Cam
19
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal 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 or Proposals shall 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:
I) 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 shall be taken against employees for violations of such prohibition.
2) 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.
3) Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (1).
4) In the statement specified in Subsection (1), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo contenders 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) business days
after such conviction.
5) 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.
6) Make a good ffo o ontinue to maintain a drug -free workplace through implementation
of this sectio .
As the person authorized to s' t e yat, I certify that this firm complies fully with the above requirements.
RESPONDENTS Signature:
Print Name: "A 1rl6 I'd-477 d,--) Ti Q-Y Pi's
Date:
20
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We,. , (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTORf6r the Citywide Drainage Improvement Projects project as specified have the sole responsibility
for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State
and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and
T.Y. Lynn A Civil Works (Consultant) against any and all liability, claims, damages, losses and expenses they may
incur due to the failure oflSub- contractor's names):_
to comply with such act or
CONTRACTOR
/ ! q9.3 d 6L1_ -
BY:
Name
Title
21
Witne
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent ", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS ".
If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida
Department of Management Services website:
http : / /www.dms.mAorida.com/busines; operations /state purchasing/vendor information /convicted susp
ended discriminatoa complaints_ vendor lists
,e
% �DECLAR/ATION UNDER PENALTY OF PERJURY
I, f�fGl+7 a dA vInafter referred to as the "Declarant ") state, under penalty of perjury,
that the following statements are true and correct.
(1) 1 represent the Respondent whose name is Cr Gc �� • �"/ A �' Q OA) 4e-2%
(2) 1 have the following relationship with the Responden (O er (if Respondent is a
sole proprietor), President if Respondent is a corporation) Part r (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member >(if Respondent is a Limited Liability
Company).
(3) 1 have reviewed the Florida Department of Management Services website at the following URL address:
http: / /www.dms.myflorida.com/ business_ operations /state_Purchasing /vendor information /convicted_suspended _ di
scriminatory_complaints_vendor lists
(4) 1 have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable
_ Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
FURTHER DECLARANT SAYETH NOT.
ILiar�,r`� no e.V tje
By:
ACKNOWLEDG
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE )
On this a sa day .G'T , 20 —, before me, the undersigned authority, personally
appeared / /v P Z who is personally know to me or who provided the
following iden flcation — and who took an oath or affirmed a that he /she/they executed the
foregoing Affidavit as the Declarant. .
WITNESS my hand and official seal. '
No Public, State of ri a
NOTARY PUBLIC:
SEAL
: .... YuNFINY enwAcKOOCAWLFRo
MY COMRE JN' FZOFd99998
22
j�
ne of Notary ublic: Print,
p or type as commissione
/14M.,4-v/00
RELATED PARTY TRANSACTION VERIFICATION FORM /�, !�),�
I �a Y- D 6407 -a L individually and on behalf of Q w "6`5 � ��'
( "Firm ")have Name of Representative CompanylVendorlEntity read the City of South ( "City")'s Code of Ethics,
Section 8A -I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or
business that I, and /or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A -1, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the 5ity, or with any person or agency acting for the city, other than as follows:
_(use '(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and /or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City or than the following individuals whose interest is set
forth following their use a separate names: 1-J714
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and /or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5 %) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he /she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and /or appointed official or employee.]
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
23
before any board, ommission or agency of the City within the past two years other than as
follows: N * (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:1Purchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
N (if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following.
Aq (if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family]
(9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition Jaigent maxi fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject tion a Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made to investigate the matters to which I am attesting hereinabove and that the statements
made herei g a ..true and correct to the best of my knowledge, information and belief.
Signature: k-A�
d
Print Name }& Titl
i7'
Date: b
24
Sec. 8A- I. - Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi- judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi - judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
25
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships
or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on
or participate in any way in the matter.
(E) Gifts.
ts.
(I)Defnidon. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2)Exceptions. The provisions of paragraph (e)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(I) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
26
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
0) Prohibition on outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full -time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I - I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause. .
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(1) Certain appearances and payment prohibited
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
27
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after ter city service.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two -year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A -2(p).
(q) City attorney to render opinions on request
Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6 -99 -1680, § 2, 3 -2 -99)
Editor's note- Ord. No. 6 -99 -1680, § I, adopted 3 -2 -99, repealed §§ 8A -I and 8A -2 in their entirety and replaced
them with new §§
8A -I and 8A -2. Former §§ 8A -I and 8A -2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A -1), 1 (1 A -2) adopted Jan. 11, 1969.
END OF SECTION
28
PRESENTATION TEAM
DECLARATION /AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28 -14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City
Manager. For the purpose of this subsection only, the listed members of the presentation team, with
the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any
registration fees. No person shall appear before any committee on behalf of an anyone unless he or she
has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is
registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, Qrd 6-0"makes he wing
declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME /J TITLE �,,1/,,
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to
pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the
time the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are tr and specifically that the persons listed above are the members of the presentation team of
thl�tit li ed below
Print Name and Title
l
29
20 (S�
aa 1��V / a, -ic:74 C-•
PR A -
Print name of entity beingLifeesented
EXHIBIT #1
Scope of Services & Schedule of Values /Summary of Quantities
Attachment A:
Project: SW 78 Street & SW 63 Avenue
I. Scope of Work:
Scope of work involves performing road, drainage and sidewalk improvements within
the City of South Miami. Work shall comply with applicable standards, including but not
limited to the FDOT and the Miami Dade County Public Works standards. Work
covered under this contract shall also include and is not limited to maintenance of
traffic, drainage, sidewalk, milling, clearing and grubbing, asphalt placement, and striping.
The construction is to be performed per specifications and the construction documents
of SW 78h Street Roadway and Drainage Improvements, prepared by T.Y. Lin
International /HJ Ross. This includes, but is not limited to, the furnishing of all labor,
material, tools, equipment, machinery, disposal of all materials, superintendence and
services necessary for the completion of the construction of the project.
The awarded vendor must obtain any permits required. The City will waive all City
permit fees. Permits that may be required by other agencies will be the responsibility of
the awarded vendor, including applicable fees.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays
from Monday through Friday.
II. Site Locations:
1. SW 7SIh Street
a. West of SW 63' Avenue towards the South Miami Dog Park,
b. East of SW 63' Avenue along SW 78' Street for approximately 50 LF
2. SW 63'd Avenue, from SW 78th Street, North to the limit of the FDOT right of
way on US I.
Ill. Plans and Specifications:
Plans prepared by T.Y. Lin International, titled "EXHIBIT 1, Attachment B — "SW 78 '
Street Roadway and Drainage Improvements" are a part of this RFP by way of
reference.
IV. Project Duration & Liquidated Damages:
The current estimate to complete construction of the project is 60 calendar days
substantial completion. Thermoplastic paint shall be installed 30 calendar days after
substantial completion. 90 total calendar days to final completion from issuance
of Notice to Proceed.
32
Liquidated Damages shall be paid by the Contractor at the rate of $1,500.00 dollars
per day, plus any monies paid by the Owner to the Consultant, if any, for additional
engineering and inspection services, if any, associated with such delay.
V. Project Funding:
This project is funded through City Funds.
VI. Schedule of Values:
Respondents shall complete and submit with their proposal, the attached Schedule of
Values.
VII 1. Warranty:
If equipment is being provided, the standard manufacturer's warranty information must
be provided in writing for all equipment being proposed, including installation by an
authorized dealer before final payment is made.
NOTE: Respondents shall quote both Projects; Refer to Exhibit 5,
"Respondents Cost & Technical Proposai." — "SW 78 Street & 63 Avenue," and
"Twin Lakes," in accordance with Exhibit I "Scope of Services," Attachment
A, B, C, D. The City, at its discretion, may award both projects to a single
contractor or, each project to separate contractors.
A Performance and Payment Bond is required for the full amount of the project
END OF SECTION
33
EXHIBIT #1
Attachment A:
"Schedule of Values"
Project — SW 78 Street & SW 63 Avenue
Respondents Shall Complete and Submit With Their Proposal
34
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EXHIBIT #1
Scope of Services & Schedule of Values /Summary of Quantities
Attachment Q Project — Twin Lakes
I. Scope of Work:
Scope of work involves drainage improvements within the City of South Miami. Work
shall comply with applicable standards, including but not limited to the FDOT and the
Miami Dade County Public Works standards. Work covered under this contract shall
also include and is not limited to maintenance of traffic, drainage, milling, clearing and
grubbing, and asphalt placement.
The construction is to be performed per specifications and the construction documents
of Twin Lakes Drainage Improvements, prepared by Civil Works. This includes, but is not
limited to, the furnishing of all labor, material, tools, equipment, machinery, disposal of
all materials, superintendence and services necessary for the completion of the
construction of the project.
The City will include additional resurfacing beyond what is in the plans in the
intersection of SW 63rd Avenue and SW 64th Court
The awarded vendor must obtain any permits required. The City will waive all City
permit fees. Permits that may be required by other agencies will be the responsibility of
the awarded vendor, including applicable fees.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on weekdays
from Monday through Friday.
11. Site Locations:
There are two separate project areas to be considered and quoted separately as
described below:
Area I
• SW 62nd Terrace and SW 63'd Terrace, from SW 64th Court to SW 63'd
Court
• SW 64th Court and SW 63'd Court, from SW 62' Terrace to SW 64' Street
Area 2
• SW 63rd Avenue and SW 62' Place, from SW 62nd Terrace to SW 64' Street
• SW 62nd Terrace, from SW 63'd Avenue to SW 62nd Court
• SW 63'd Terrace, from SW 62 "d Place to SW 62nd Court
• SW 62nd Court, from SW 62 "d Terrace to SW 63'd Terrace.
s0
III. Plans and Specifications
Plans prepared by Civil Works Inc. titled "Twin Lakes Drainage Improvements" Exhibit I,
Attachment D, are a part of this RFP by way of reference.
IV. Project Duration & Liquidated Damages
The current estimate to complete construction of the project is 60 calendar days
substantial completion for each work area. Thermoplastic paint shall be installed 30
calendar days after substantial completion. 90 total calendar days to final
completion from issuance of Notice to Proceed. Liquidated Damages shall be
paid by the Contractor at the rate of $2,000.00 dollars per day, plus any monies paid
by the Owner to the Consultant, if any, for additional engineering and inspection
services, if any, associated with such delay.
V. Project Funding:
This project is funded through City Funds.
VI. Schedule of Values:
Respondents shall complete and submit with their proposal, the attached Schedule of
Values.
VII. Warranty:
If equipment is being provided, the standard manufacturer's warranty information must
be provided in writing for all equipment being proposed, including installation by an
authorized dealer before final payment is made.
NOTE: Respondents shall quote both Projects; Refer to Exhibit S,
"Respondents Cost & Technical Proposal." - "SW 78 Street & 63 Avenue." and
"Twin Lakes." in accordance with Exhibit I "Scope of Services," Attachment
A, B, C, D. The City, at its discretion, may award both projects to a single
contractor or, each project to separate contractors.
A Performance and Payment Bond is required for the full amount of the project
END OF SECTION
51
EXHIBIT #1
Attachment C:
"Schedule of Values"
Project — Twin Lakes
Respondents Shall Complete and Submit With Their Proposal
52
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EXHIBIT 2
Insurance & Indemnification Requirements
1.01 Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub - contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specked hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including.
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
85
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an
additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the
state of Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non - Ownership
1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and
substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where
applicable.
1.08 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings or structures. The policy or policies shall also cover
machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be
clearly not applicable.
1.09 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as follows:
86
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of `bodily injury", 'property
damage' , or "personal and advertising injury" and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B ";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non - payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the City."
E. If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor /subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non - performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub - Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non - performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractor /subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor /subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
87
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
88
AC40 �® CERTIFICATE OF LIABILITY INSURANCE
D��17 /no s
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Eastern Insurance Group, Inc.
9570 SW 107 Avenue
Spite 104
Miami FL 33176
COMEACT David M. Lopez
PHONE (305) 595 -3323 No): (305)595 -7135
LM, No
AU RESS:amandaQeasterninsurance .net
INSURERS AFFORDING COVERAGE
NAIC 8
INSURERAColony Insurance Company
LIMITS
INSURED
Maggolc, Inc.
11020 SW 55 Street
Miami FL 33165 1
INSURERB:Ka fre Insurance Co. of Florida
COMMERCIAL GENERAL LIABILITY
INSURERC:'rorus National Insurance Company
INSURER D 'Due inessFirst Insurance Co.
INSURER E :Federal Insurance Company
EACH OCCURRENCE
INSURER F:
A
COVERAGES CERTIFICATE NUMBER:Master 14 -15 Auto New REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
ADDL
UBR
POLICY NUMBER
POLICY EFF
POLICY MI EXP
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
A
CLAIMS -MADE Fx-1 OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 100,000
MED EXP (Any one person)
$ 51000
X
103GL0006301 -00
9/22/2014
9/22/2015
PERSONAL& ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER,
GENERAL AGGREGATE
$ 2,000,000
POLICY [X] JPERCOT- El LOC
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
EE accident
$ 1,000,000
BODILY INJURY (Par person)
$
B
ANYAUTO
ALL OWNED SCHEDULED AUTOS AUTOS
4150130008652
7/17/2015
7/17/2016
JX
BODILY INJURY(Peraccitlent)
$
PROPERTY DAMAGE
(Par.,
$
NON -OWNED
HIRED AUTOS X AUTOS
Hired Auto
$ 1,000,000
UMBRELLALIAB
OCCUR
EACH OCCURRENCE
$ 3,000,000
X
AGGREGATE
$ 3,000,000
C
EXCESS LIAO
CLAIMS -MADE
DED I I RETENTION
$
86222X140ALI
9/22/2014
9/22/2015
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE ❑NIA
OFFICERIMEMBER EXCLUDED?
(MandatMInNH)
521 -11888
9/22/2014
9/22/2015
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
$ 100,000
E.L. DISEASE - EA EMPLOYEE
$ 100,000
H es, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 500,000
E
Rented /Leased Equipment
45468147
11/2/2014
11/2/2015
$250,000
E
Contractor's Equipment
45468147
11/2/2014
11/2/2015
$254,016
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
Asphalt paving, concrete construction and drainage construction
City of South Miami and Miami Dade County are listed as an additional named insured and shall be provided
written notice 30 days before modification of this policy or cancellation for nonpayment of premium or
otherwise. Coverage as an additional insured is provided if required by written contract.
City of South Miami
Building & Zoning Department
6130 Sunset Drive
Miami, FL 33143
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Lopez /AMANDA
®1988 -2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 (munli
EXHIBIT 4
Citywide Drainage Improvement Projects
RFP XPW- 2015 -19
CONSTRUCTION
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as
specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services) for the
Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and
conditions of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal /Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any
(receipt of all which is hereby acknowledged.)
Dated: 41a 9 i 0,0,4 015'1,1S_
Addendum No. 1 2,
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that
i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and
drawings of physical conditions.
ii. Respondent 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 this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance, or the 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. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests, reports or similar information or data are, or will, be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre -bid marking of the construction site by any or all utility companies shall create an irrefutable
presumption that the Respondent's bid, or proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, shall not be entitled to a change
order for any such condition discovered thereafter.
iii. Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
91
South ` Miami
THE CITY OF PLEASANT LIVING
ADDENDUM No. #1
Project Name: Citywide Drainage Improvement Projects
RFP NO. PW- 2015 -19
Date: July 29, 2015
Sent: Fax/E- mail /webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
Ouestion #I
Can you tell me if the plans for this project includes the installation of type 11 baffle boxes?
Answer to Question #I:
Both projects, SW 78'h Street and Twin Lakes Drainage, will use a Type II Skimmer (baffle)
according to FDOT Standard Index 241.
Ouestion #2•
Is there a budget for this project?
Answer to Question #2:
There is not a specific line item for the construction portion of the project in the C
Adopted Budget for FY 2014 — 2015, Capital Improvement Program 5 -Year Plan.
v v V
301/-<
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE xj�
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
l�
Page 1 of 1 01
Al
South Miami
THE CITY OF PLEASANT LIVING
ADDENDUM No. #2
Project Name: Citywide Drainage Improvement Projects
RFP NO. PW- 2015 -19
Date: August 5, 2015
Sent: Fax/E- mail /webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
I. Page 54 of the RFP refers to additional quantities for milling and resurfacing but those
quantities are not included with the Schedule of Values. Can you clarify?
RESPONSE:
The sketch shown on page 54 of the RFP is referring to additional quantities for milling
and resurfacing, depicted in the solid grey hatch. These quantities are not included
within the schedule of values posted within the RFP.
A revised Schedule of Values is included with Addendum No. 2 and, is a part of this
RFP by way of this reference. The revised Schedule of Values includes the additional
quantities in the milling and resurfacing line items for sheet C -5 and to clean up some
line items for both Areas I and 2 that were repeated, with different types of units.
2. Will the City accept alternates to the A -2000 pipe material specified?
RESPONSE:
Yes, the City will accept a HDPE pipe as an alternate material. 6 Its,
q4
1
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 of 1 yo-ofw
iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation
Package or in the Contract Documents with respect to existing Underground Facilities or conditions
at or contiguous to the site and assumes responsibility for the accurate location of all Underground
Facilities and conditions that may affect the Work. No additional examinations, investigations,
explorations, tests, reports or similar information or data in respect to any Underground Facilities or
conditions are, or will be, required by Respondent 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 unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and /or conditions that affect the cost of the
Work and unless the respondent makes a written request to the City for additional information
prior to submitting the bid or proposal as required in subsection ii above,
d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has
discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found
and notice given, the Respondent represents, by submitting its proposal to the City, that the
Respondent has received sufficient notice of the resolution thereof from the City, that such resolution
is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or
discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person,
firm or corporation to refrain from responding, and Respondent has not sought by collusion or
otherwise to obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and
install all of the Work complete and in place. The Schedule of Values, if required, is provided for the
purpose of Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the
pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a
deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the
Work after the Contract Date. As such, the Respondent shall furnish all labor, materials, equipment,
tools, superintendence and services necessary to provide a complete, in place, Project for the Proposal
Price. If this Solicitation requires the completion of a Cost and Technical Proposal, as may be set forth in
in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take
the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is
as follows:
LUMP SUM BASE PRICE: Attach Exhibit 5. "Cost and Technical Proposal"
Alternates: #1 #2
A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided.
Failure to provide this information shall render the proposal non - responsive.
5. The ENTIRE WORK shall be completed, in full, within 90 calendar dare from the commencement date
set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time
period shall result in the assessment of liquidated damages as may be set forth in the Contract.
6. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
Address:
Telephone:
Facsimile:
Contact Person
[ja
7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is
assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package.
8. If a cost & technical proposal is required by the Solicitation, Respondent hereby certifies that all of the
facts and responses to the questions posed in the cost & technical proposal, if such an exhibit is made
a part of the Solicitation, are true and correct and are hereby adopted as part of this Bid Form, and are
made a part of this proposal, by reference.
9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the Solicitation package and I agree to be bound by those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing,
including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful
representative of the business entity referenced in this Bid Form and that I have authority to bid that
entity.
SUBMITTED THIS 13 DAY OF 4e 9 tJ J&A 20 jJ .
BY:
o ny
M
lqamLrcg PersbnAuthorized to Submit Proposal
Title
7 d4 — Z9'/ — z4 ,4 C1
Telephone Number
-319C —4?-Z— AS3i
Fax Number
V44
Email Ad ss
END OF SECTION
93
EXHIBIT 5
RESPONDENTS COST & TECHNICAL PROPOSAL
Citywide Drainage Improvement Projects
RFP #PW- 2015 -19
Respondents shall quote both Projects — "SW 78 Street & 63 Avenue," and Twin
Lakes. The City, at its discretion, may award both projects to a single contractor
or, each project to separate contractors.
LUMP SUM BASE PRICE FOR EACH PROJECT IS IN ACCORDANCE WITH
EXHIBIT I "SCOPE OF SERVICES; ATTACHMENT A, B, C, & D:
SW 78 Street & 63 Avenue $ 88 6 3 • ad
TWIN LAKES
AREA I $ (CJ; 4•
AREA 2 $ 167—, rP 30. ov
SUBMITTED THIS 13 DAY OF 20
:;, Iff - Z9'! -2e g1* 9
Telephone Number
.4 T& —4
Fax Number
�,a^ ���� [I A Iw,&f ► CO-V.
.
mail 44&kss
END OF SECTION
94
EXHIBIT 6
CONSTRUCTION CONTRACT
Citywide Drainage Improvement Projects
RFP #PW- 2015 -19
THIS CONTRACT was made and entered into on this day of . 20____, by
and between (hereafter referred to as
"Contractor "), and the City of South Miami (hereafter referred to as "Owner "), through its City Manager (hereafter
referred to as "City").
WITNESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
I. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation
and any other items necessary to perform all of the work shown on and described in the Contract
Documents and shall do everything required by this Contract and the other Contract Documents
hereinafter referred to as the Work.
2. The Contract Documents shall include this Contract, General Conditions to the Contract, if any, the
drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other
documents referring to this contract and signed by the parties, the solicitation documents ( "hereinafter
referred to as "Bid Documents ") and any documents to which those documents refer which are used by
the Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein.
3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject
to additions and deductions as provided in the Contract Documents and any properly approved, written
change orders, in lawful money of the United States, the amount of: span Dollar Amount
hem Dollars ($ .00__), Lump Sum ("Contract
Price ").
5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be
included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the
Work be performed after regular working hours. In such event, the Respondent shall have no right to
additional compensation for such work. However, nothing contained herein shall authorize work on days
and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in
writing by the City.
6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and
other costs incurred by the Contractor in connection with the construction of the Work have been paid in
full, and after compliance with the terms for payment provided for in the Contract Documents, final
payment on account of this Contract shall be made within sixty (60) calendar days after the completion by
the Contractor of all Work covered by this Contract and the acceptance of such Work by the Owner.
8. The Work shall be completed in 90 calendar days. In the event that the Contractor shall fail to
complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit
agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents,
liquidated damages shall be paid by the Contractor at the rate of, In accordance with *Exhibit I, "Scope
of Services, $ * dollars per day, plus any monies paid by the Owner to the Consultant, if any, for
additional engineering and inspection services, if any, associated with such delay.
95
9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond
( "Bond ") is required and if, at any time after the execution of this Contract and the Bond for its faithful
performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be
unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the
Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within five (5)
business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in
such form and amount and with such Surety or Sureties as shall be satisfactory to the City. In such event,
no further payment to the Contractor shall be deemed to be due under this Contract until such new or
additional security for the faithful performance of the Work is furnished in the manner and in the form
satisfactory to the City.
10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance of
the work, by appropriate action by the City and in accordance with the Contract Documents.
11. The date that this contract was "made and entered into" and its effective date is the date that the contract is
the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then
the Effective Date is the date of the resolution approving the Contract whichever is the later date.
IN WITNESS WHEREOF, the parties hereto have executed Qont on the day and da te set forth
next to their name below and may be signed in one or more countew ' h shall, without proof or
accounting for the other counterpart, be deemed an original Contra
CONTRACTO Cc
Signature
Print Signatory's Name: Mot Y"► O
Title of Signatory:
ATTESTED: OWNER: CITY OF SOUTH MIAMI
Signature: Signature:
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature:
City Attorney
96
EXHIBIT 7
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
Citywide Drainage Improvement Projects
RFP #PW- 2015 -19
ARTICLE I — DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have
the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to
this Article for the purpose of interpreting a word or group of words in that section of the Contract Document.
However, when the section of the Contract, where the word to be defined is used, does not specifically refers to
this Article to define the word or group of words, the definitions contained in this Article shall not apply unless
the word or group of words, in the context of it or their use in the Contract Document in question, is/are
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, clarifications or correction.
Application for Pa
Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments.
Did; The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other
terms for the Work to be performed.
Bidder: Any person, firm or corporation submitting a response to the Owners solicitation for proposals or bids
for Work.
Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including
the instructions, form of documents and affidavits.
Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of Florida.
Change Order: A written order to the CONTRACTOR signed by the City Manager authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract.
Work Order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations, and the timeframe for completing the work.
CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, unless the
context wherein the word is used should more appropriately mean the City of South Miami.
Construction Observer: An authorized representative of the CONSULTANT, if any, or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the
General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications to any of the Contract Documents.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting_ Officer: The individual who is authorized to sign the contract documents on behalf of the OWNER.
CONTRACTOR: The person, firm or corporation with whom the OWNER has executed the Contract
CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
CITY'S designated representative as identified in the Supplementary Conditions.
97
Day. A period of twenty-four hours measured from the beginning of the day at 12:01 am. and it shall be presumed
to be a calendar day unless specifically designated as a business day.
Days: The number of twenty-four (24) hour periods following the event to which the word "days" refers
commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to the CONSULTANTS recommendation of
final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that
are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and
equipment furnished under the Contract that are not good quality and new unless otherwise required or
permitted by the Contract Documents.
Drawings: The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and
are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order
signed by both parties, (c ) a written clarification or interpretation if issued by the CONSULTANT in accordance
with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Non - conforming Work means work that does not conform to the Contract Documents and includes work that is
unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference
standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or
work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by CITY).
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with
the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract
to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the
date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its
obligations under the Contract Documents.
Person: An individual or legal entity.
Pro' • The entire construction operation being performed as delineated in the Contract Documents.
Policy: The term "policy" as used in the Contract Documents shall mean the insurance binder, if it is issued, the
declaration page of the policy and the body of the policy, including all endorsements.
&F I.- Request for Proposal.
Scope of Services.. This phrase refers to the scope of the services or work to be performed and it has the same
meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise.
Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment,
material or some portion of the work and as required by the Contract Documents.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Substantial ComQletion: The date, as certified by the CONSULTANT, when the construction of the Project or a
certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or
a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date
when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion
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thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an item, but who does not perform labor at the site of the Work.
Surety. The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion
of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or
corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing, any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
ARTICLE 2 — PRELIMINARY MATTERS
Award:
2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the
CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY,
which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the
time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may
also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of
Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated
supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that
requires the signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document.
Forfeiture of Bid Security /Performance and Payment Bond, if any are required by th
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers, material man, laborers, or Subcontractor employed
pursuant to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five year after final completion and acceptance of the Work
with the liability equal to one hundred percent (100 %) of the Contract Sum.
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2.3.3 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County
and provide CITY with evidence of such recording.
2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety, having a resident agent in the State of Florida and having been in business with a record
of successful continuous operation for a least five (5) years.
2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or
better.
2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
Contractor's Pre -Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data with
the requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article 1), prior to
the date on which the Contract Time commences to run, except with the written consent of the CITY.
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither the OWNER nor the CONSULTANT shall be liable for any
harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error,
or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitle to any
compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error,
or discrepancy in the Contract Documents.
Schedule of Com Ip etion:
2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule
indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions
thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR
involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided in the Special Conditions.
2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work at the site, a pre - construction conference shall be held to review the above
schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment, and to establish a working understanding between the parties as to the Project.
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Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives, CONTRACTOR and its Superintendent.
Oualifications of Subcontractors. Material men and Su loo iers:
2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and such other persons and organizations (including those who are to furnish principal items of materials
or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and
other persons and organizations must be submitted as specified in the Contract Documents. Within
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person,
or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall
constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such
Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the
CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment
not in conformance with the requirements of the Contract Documents.
2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without an increase in its bid price.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
ARTICLE 3— CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in
Article I.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it
shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's
attention in writing. The various Contract Documents are complementary; in case of conflict, error or
discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to
the Owner shall apply
3.3 The words "furnish" and "furnish and install ", "install ", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service ".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If the CONTRACTOR is prevented from complying with this provision due to the Drawings or
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such
limitations before proceeding with construction in the area where the problem exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or
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other data published by regulating agencies or accepted organizations, including but not limited to
National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications,
ASTM Specifications, various institute specifications, and the like, it shall be understood that such
reference is to the latest edition including addenda in effect on the date of the Bid.
3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent ", when used in
connection with brand names, shall be interpreted to mean a material or product that is similar and equal
in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material
or product specified by trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal ", the CONTRACTOR shall use the brand, make and model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.11 The CONTRACTOR shall advised the CONSULTANT, prior to performing any work involving a conflict
in the Contract Documents and the CONSULTANT shall make the final decision as to which of the
documents shall take precedence. In the event that there is a conflict between or among the Contract
Documents, only the latest version shall apply and the latest version of the Contract Documents. The
CONSULTANT shall use the following list of Contract Documents as a guide. These documents are set
forth below in the order of their precedence so that all the documents listed above a given document
should have precedence over all the documents listed below it.
(a) Change Orders
(b) Amendments/addenda to Contract
(c) Supplementary Conditions, if any
(d) Contract with all Exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
(g) Scaled dimensions
(h) Drawings of a larger scale
(i) Drawings of a smaller scale
0) Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to
be done, rights -of -way for access thereto, and such other lands which are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other
access to such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of
the CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal, handling and storage of materials, availability of labor, water, electric power, roads and
uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an inspection of the site,
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including all exploratory work done by the OWNER/ CONSULTANT on the site or any contiguous site,
as well as from information presented by the Drawings and Specifications made part of this Contract, or
any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to
acquaint itself with the available information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER/ CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty eight (48) hours of its discovery, and before such conditions are
disturbed, notify the CITY in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and
4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of, or the time required for, performance of any part of the Work under this Contract, an
equitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by
the CITY, but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE 5 — INSURANCE Contractor shall comply with the insurance requirements set forth in the RFP and
as set forth in the Supplementary Conditions to the Contract, if any. If both have insurance requirements and if
there is a conflict between the two, the insurance requirements in the Supplemental Conditions shall take
precedent.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the
site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and
all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to
the CONTRACTOR'S home office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
all changes made during the construction process. These shall be available to the CONSULTANT
and any CITY Representative at all reasonable times. A set of "As- Built" drawings, as well as the
original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations,
shall be made available to the City at all times and it shall be delivered to the CITY upon
completion of the Project.
Labor. Materials and Equipment:
6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing, initial operation and completion of
the Work.
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6.4 All materials and equipment shall be new, except as otherwise provided in the Contract Documents.
When special makes or grades of material which are normally packaged by the supplier or manufacturer
are specified or approved, such materials shall be delivered to the site in their original packages or
containers with seals unbroken and labels intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as
otherwise provided in the Contract Documents.
Work. Materials, Equipment Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal'
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform to requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged by such alterations,
at any time before completion and acceptance of the Project All such Work shall be done at the
expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
6.6.6 Non - conforming Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements or conform to the
plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within five (5) business days by the CONTRACTOR at his own expense and redelivered and /or
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as abandoned and the CITY shall have the right to dispose of them as its own property
and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind
for said goods. Rejection for non - conformance or failure to meet delivery schedules may result in
the CONTRACTOR being found in default.
6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or
services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.6.8 The CITY reserves the right, in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract
Concerning Subcontractors:
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6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT
determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed by them. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part
of OWNER or CONSULTANT to pay or to see to payment of any persons due subcontractor or other
person or organization, except as may otherwise be required by law. CITY or CONSULTANT may
furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of
amounts paid to the CONTRACTOR on account of specified Work done in accordance with the
schedule values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the OWNER.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR
if and when directed by the CONSULTANT in writing.
6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the fulfillment of the
terms of the subcontract, including the hiring and retention of employees for the performance of Work
that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex,
age, sexual orientation, familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
Patent Fees and Royalties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including attorney's
fees) arising out of any infringement of such rights during or after the completion of the Work, and shall
defend all such claims in connection with any alleged infringement of such rights.
6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties
materials, appliances, articles or systems prior to bidding. However, he shall not be responsible for such
determination on systems which do not involve purchase by them of materials, appliances and articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the
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CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
Electrical Power and Lighting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT,
it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain
that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
Discrimination:
6.17A No action shall be taken by the Contractor with regard to the fulfillment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation,
familial status or disability.
Taxes:
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
Safety and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6.19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or
off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
Emergencies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is
obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control entities him to an increase in the Contract
Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and
12.
Shop Drawings and Samples:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six
(6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
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be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
shall be complete with respect to dimensions, design criteria, materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to
cause no delay in Work, all samples required by the Contract Documents.
All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corrected copies of Shop
Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re- submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined and /or verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility
for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements of the Work and the Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each
approved sample shall be kept in good order, in a book or binder, in chronological order or in such other
order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available
to the CONSULTANT.
6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
Cleaning Up-,
6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the
OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material
and rubbish as well as all other material and equipment that does not form a part of the Work, from the
property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Work so as to
leave the whole Work and Work Site in a neat and presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous position, at such locations as traffic demands. At any time that streets are required to be
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South
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Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall provide on -site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and as set forth in the
Supplementary Conditions to the Contract, if any. If both have indemnification requirements and if there
is a conflict between the two, the indemnification requirements in the Supplemental Conditions shall take
precedent.
6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of
any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and
all claims of liability and all suits and actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the
sole negligence of OWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission is the primary cause of injury or damage.
6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part Indemnification shall not exceed an amount equal to the total value of all
insurance coverage required by Section 5.1 of this document Indemnification is limited to damages caused
in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors,
sub - subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused
by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract
Responsibility for Connection to Existing Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings and
Specifications to provide a complete installation.
6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of-
ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be
done in accordance with requirements of the special conditions. The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement,
storm drainage structures, and other items which must be established by governmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently early
in the construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments. Public Utilities, Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as "third parties ") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
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etc., including incidental structures connected therewith, that are encountered in the Work in order that
such items are properly shored, supported and protected, that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of
misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
Use Premises:
6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
its employees, subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be
fenced to protect the job site and the general public.
6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
facilities.
Protection of Existing Property Improvements:
6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
ARTICLE 7 - WORK BY OTHERS.
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWNER, if it is performing the additional
Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the OWNER, the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
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Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the
other contractor whose work will be affected.
7.4 If the performance of additional Work by other contractors or the OWNER is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the OWNER or others will cause the CONTRACTOR
additional expense or entities him to an extension of the Contract Time, he may make a claim therefore
as provided in Articles I I and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or
shall leave chases, slots and holes as required to receive and to conceal within the general construction
Work the work of such other separate contractors as directed by them. Where such chases, slots, etc.,
are impracticable, the Work shall require specific approval of the CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of
the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
ARTICLE 8 — CITY'S RESPONSIBILITIES.
8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of them under the Contract Documents.
8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possession of and use any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such taking possession and use shall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents.
ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION,
City's Representative:
9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articles I through 16 of these General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms
of the Contract Documents.
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other
matters in question between the CITY and the CONSULTANT arising out of or relating to this
Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the
State of Florida.
Visits to Site:
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9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing
assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with
the Construction Documents and applicable laws, rules and regulations. On the basis of these on site -
observations as an experienced and qualified design professional, he shall keep the CITY informed of the
progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and Interpretations:
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and /or interpretation it shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of Ouantities:
9.4 All Work completed under the Contract shall be measured by the CONSULTANT according to the
United States Standard Measures. All linear surface measurements shall be made horizontally or vertically
as required by the item measured.
Rejecting Defective Work:
9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article I. It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections and /or testing shall be
approved in writing by the CITY. All consequential cost of such inspections and testing, including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others,
the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work.
Shop Drawings. Change Orders and Payments:
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.25 through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, 11, and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article 14.
Decisions on Disagreements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 -CHANGES IN THE WORK.
10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change Orders.
Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work involved. All such
Work shall be performed under the applicable conditions of the Contract Documents. If any authorized
written Change Order causes an increase or decrease in the Contract Price or an extension or
shortening of the Contract Time, an equitable adjustment will be made as provided in Article I I or
Article 12. A written Change Order signed by the CITY and the CONTRACTOR indicates their
agreement to the terms of the Change Order. All Change Orders shall be certified by the
CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change
in the time to complete the Work under the circumstances. The failure to include a time extension in
the Change Order or in the request for a change order shall result in a waiver of any extension of time
due to the change in the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Field Order would entitles the
CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a
written notice of intent to demand a Change Order within twenty four (24) hours of the issuance of the
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE I I — CHANGE OF CONTRACT PRICE,
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be at its expense without changing the Contract Price.
11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the Contract,
including but not limited to changes to or in:
11.2.1 Specifications (including drawings and designs);
11.2.2 Method or manner of performance of the Work.
11.2.3 CITY - furnished facilities, equipment, materials, services, or site; or
11.2.4 Acceleration in the performance of the Work.
11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, or as otherwise provided in another section of the Contract Documents.
11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in
writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with
the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the
CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable
adjustment based on the cost of the Work shall be made and the Contract modified accordingly.
11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written
Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting
forth the general nature and monetary extent of such claim for equitable adjustment, time extension
requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to
those listed in section 11.7 and 11.8.
11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
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1 1.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
11.7.1 By negotiated lump sum.
11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed
15 %. If the CONTRACTOR disagrees with the CONSULTANTS determination of reasonable
costs, the CONTRACT shall provide a list of all costs together with backup documentation
11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Miami -Dade
County and shall include only the following items:
11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
CITY and provided it was not in any way, whether in whole or in part the result of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due in whole or in part to Defective Work of the CONTRACTOR.
11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection therewith.
The CONTRACTOR shall notify the CITY of all cash discounts that are available and offer the
CITY the opportunity to deposit funds with the CONTRACTOR for the payment for items that
offer a discount. Cash discounts shall accrue to CONTRACTOR unless the CONTRACTOR fails
to timely notify the CITY of the discounts or if the OWNER deposits funds with CONTRACTOR
with which to make payments in which cases the cash discounts shall accrue to the OWNER. All
trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment
shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be
obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be
substituted for the word "CONTRACTOR ".
11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading,
unloading installation, dismantling and removal thereof - all in accordance with terms of said
rental agreements. The rental of any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (2 %) of the increase in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the following:
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(5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected
goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the
right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the
good or to compensation of any kind. Rejection for Non - conforming Work or failure to meet delivery
schedules may result in the Contract being found in default.
ARTICLE 14 - PAYMENTS AND COMPLETION.
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"purchase order ", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stored at or near site,
the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY,
which establishes the OWNER'S title to the material and equipment as well as certificates of insurance
providing coverage for 100% of the value of said material and equipment covering the material and
equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace
at its expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either
certifying in writing its approval of payment and present the partial payment estimate to the OWNER, or
return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing
to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and
resubmit the partial payment estimate. The OWNER, will within thirty (30) calendar days of presentation
to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis
of the approved partial payment estimate. The OWNER shall retain ten (10 %) percent of the amount of
each payment until Final Completion and Acceptance of all Work covered by the Contract Documents.
Any interest earned on the retainage shall accrue to the benefit of the OWNER.
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indirectly, which was incorporated into the Work. If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR and such person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by
an Application for Payment whether the Work, material or equipment is incorporated in the Project or
not, shall have passed to the OWNER prior to the making of the Application for Payment, free and clear
of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to
as "Liens "); and that no Work, materials or equipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, that the Work has progressed to the point indicated in the Application for Payment; that, to the
116
terminate the services of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such rase the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to the OWNER. Such costs incurred by the OWNER shall be determined by the
CONSULTANT and incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section 15.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days written notice to the CONTRACTOR and the CONSULTANT, the CITY
may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work
executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or
Defective Work. No payment shall be made for profit for Work which has not been performed.
15AA The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
Removal of E ui ment
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment
and supplies from the property of the OWNER. Should the CONTRACTOR not remove such
equipment and supplies, the CITY shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
to such equipment or supplies. Equipment and supplies shall not be construed to include such items for
which the CONTRACTOR has been paid in whole or in part
Contractor May Stop Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court
or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it
is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT,
within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon
twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the Contract
The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If timely
remedied by the CITY the Contract shall not be considered terminated. In lieu of terminating the
Contract, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due.
Indemnification of Independent Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request, agrees to
provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
119
an interpretation, de- certifies a payment application, decertifies Substantial Completion, decertifies Final
Completion, certifies an event of default, or approves any action which requires the approval of the
CONSULTANT.
ARTICLE 16 — MISCELLANEOUS.
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last known business address.
16.2 The Contract Documents shall remain the property of the OWNER. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions, if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder, shall
be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available
by law, by special guarantee or by other provisions of the Contract Documents.
16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of
any error, omission, or act of the other or of any of their employees or agents or others for whose acts
they are legally liable, claim shall be made in writing to the other party within twenty one (2 1) calendar
days of the first observance of such injury or damage.
ARTICLE 17 - WAIVER OF JURY TRIAL.
17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW.
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami -Dade County, Florida.
18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
ARTICLE 19 - PROJECT RECORDS.
19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the
books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any
claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and
make available to CITY all such books and records and accounts, financial or otherwise, which relate to
the Project and to any claim for a period of three (3) years following final completion of the Project
During the Project and the three (3) year period following final completion of the Project,
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.070 1) while providing services on behalf of the OWNER and the CONTRACTOR, under such
conditions, shall incorporate this paragraph in all of its subcontracts for this Project CONTRACTOR
and its subcontractors are specifically required to: (a) Keep and maintain public records that ordinarily
and necessarily would be required by the public agency in order to perform the service; (b) Provide the
public with access to public records on the same terms and conditions that the public agency would
provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise
120
provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records
in possession of the contractor upon termination of the contract and destroy any duplicate public records
that are exempt or confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
19.3 If CONTRACCTOR or its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
provision shall be liable to OWNER for its costs of enforcing this provision, including attorney fees
incurred in all proceedings, whether administrative or civil court and in all appellate proceedings.
ARTICLE 20 — SEVERABILITY.
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent,
be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 21 — INDEPENDENT CONTRACTOR,
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers, employees, or agents of the OWNER. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
ARTICLE 22 — ASSIGNMENT.
22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
arising under the terms, conditions and provisions of this Contract without prior written consent of the
City Manager. The CITY will not unreasonably withhold and /or delay its consent to the assignment of the
CONTRACTOR's rights. The CITY may, in its sole and absolute discretion, refuse to allow the
CONTRACTOR to assign its duties, obligations and responsibilities. In any event, the CITY shall not
consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of
the Agreement by the assignee, the assignee meets all of the CITY's requirements to the CITY's sole
satisfaction and the assignee executes all of the Contract Documents that were required to be executed
by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto have executed tlyqGeneral Conditions to acknowledge their
inclusion as part of the Contract Documents on this day of AIV&4W 20_tS
CONTRA T R: 111A C? CtO 6e,,, jv`.' G •
ATTESTED:
Signature:
Print Signatory's I
Title of Signatory.
OWNER: CITY OF SOUTH MIAMI
Signature:
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature:
City Attorney
121
EXHIBIT 8
Supplementary Conditions
Citywide Drainage Improvement Projects
RFP #PW- 2015 -19
A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's
designated representative as identified in the Supplementary Conditions. The CONSULTANT's, if any,
and the City's Designated Representative's name, address, telephone number and facsimile number are as
follows:
Consultant: T.Y. Lynn International/1-1i) Ross
201 Alhambra Circle, Suite 900
Coral Gables, Fl 33134
Phone: 305/567 -1888
Fax: 305/567 -1771
Civil Works, Inc.
8941 N.W. 17 Street, Suite 108
Doral, FI 33126
Phone: 305/591 -4323
B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished one (1) sets of Contract
Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a
cost to the CONTRACTOR equal to the reproduction cost.
D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP
and in the attached EXHIBIT I and if there is a conflict the attached Exhibit shall take precedence.
E. Contractor shall comply with the insurance and indemnification requirements as set forth in the RFP and
in the attached EXHIBIT 2 and if there is a conflict the attached Exhibit shall take precedence.
F. The Work shall be completed in 90 calendar days unless a shorter time is set forth in the Contract and
in such event the Contract shall take precedent notwithstanding any provision in the General Conditions
to the Contract that may be to the contrary. .
IN WITNESS WHEREOF, the parties hereto have executed the Supplementary Conditions to
acknowledge their inclusion as part of the Contract on this day of. j , 20_
ATTESTED:
Signature:
Print Signatory's Name:
Title of Signatory:
OWNER: CITY OF SOUTH MIAMI
Signature:
Maria Menendez Steven Alexander
City Clerk City Manager
Read and Approved as to Form, Language,
Legality, and Execution Thereof-
Signature:
City Attorney
122
:Mc:,.
,onstrw ion Trades Ouaiifying Board
NESS CERTIFICATE OF COMPETENCY E
MAGGOLC INC
Is cerfffued under the provisions of Chapter 10 of Miami -Dade County
002717
Local Business
Miami —Dade County,
-THIS IS NOTA BILL
5684064
BUSINESS NAME/LOCATION
MAGGOLC INC
11020 SW 55 ST
MIAMI FL 33165
Tax Receipt
State of Florida
- DO NOT PAY
LBTi
RECEIPT NO. EXPIRES
RENEWAL SEPTEMBER 30, 2016
5928487 Must be displayed at place of business
Pursuant to County Code
Chapter SA - Art. 9 & 10
OWNER SEC. TYPE OF BUSINESS
MAGGOLC INC 196 SPECIALTY ENGINEERING CONTRACTPAYMENT RECEIVED
BY TAX COLLECTOR
E251302
Worker(s) 1 $75.00 07/18/2015
ECHECK -15- 158260
This Local Business Tax Receipt only confirms payment ofthe Local Business Tax. The Receipt is not a license,
permit or a certification of the holder's qualifications, to do business. Holder must comply with any governmental
or nongovernmerdal regulatory laws and requirements which apply to the business.
The RECEIPT N0. above must be displayed on all commercial vehicles - Miaml -Oede Code Sec go -276.
For mom Information, visit wwwmiemidade.o ■ ■collector
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
ms's` 1940 NORTH MONROE STREET
TALLAHASSEE FL 32399 -0783
GONZALEZ, MARIO H
MAGGOLC INC
11020 SW 55TH STREET
MIAMI FL 33165
Congratulationsi 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
serve you better. For information about our services, please log onto
www.myfloridalicense.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!
DETACH HERE
RICK SCOTT, GOVERNOR
(850) 487 -1395
STATE-OF FLORIDA
DEPARTMENT OF BUSINESS AND
� PROFESSIONAL REGULATION
CUC1224888 11E0 06/15/2014
CERT UNDERGIDi & EXCAV ONTR
GONZALEZ, MAMO H =
MAGGOLC INC
IS CERTIFIED under the provisions of Ch.489 FS.
Expiation date: AUG 31, 2016 L1406150001743
KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
11111UNAMM 1i : '.
CUC1224888
The UNDERGROUND UTILITY & EXCAVATION CO
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2016
GONZALEZ, MARIO H
MAGGOLC INC
11020 SW 55TH STREET
MIAMI FL 33165
Inal ern• nc P I C —n4A ill C0; AV AC 0 M-01:7 w= —.ks%i LV,j �a=ii d! lloiin iii �'uii7ni
STATE OF FLORIDA
_ - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD (850) 487 -1395
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399 -0783
GONZALEZ, MARIO H
MAGGOLC INC
11020 SW 55TH STREET
MIAMI FL 33165
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
serve you better. For information about our services, please log onto
www.myfloridalicense.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 constant)y 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!
RICK SCOTT, GOVERNOR
:. STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESSfONAV.REGU LATION
RG291103844
08/02/2015
GONZALEZ, MAW
MAGGOLC IN;
ffl
(INDIVIDUAL �i?GAl
LICENSING REQ . , .RIOR
TO CONTRACTIN I1�1401k A) _
HAS REGISTERED under the provisions of Ch.489 FS.
eiip!raBon date .. AUG 31.2017 -- L15081120001221
KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
80291103844
The GENERAL CONTRACTOR "
Named below HAS REGISTERED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2017
(INDIVIDUAL MUST MEET ALL C. t IC NSING
REQUIREMENTS PRIOR T; RING IN ANY AREA)
GONZALEZ, MARIO H •�'
MAGGOLC INC
11020 SW 55TH STREW
MIAMI ,,FL
ISSUED: 08/02/2015 DISPLAY AS REQUIRED BY LAW
SEQ # L1508020001221