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Res No 139-18-15172RESOLUTION NO: 139-18-15172 A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc, Inc., for Drainage and Roadway Improvements at the intersection of SW 60th Avenue and SW 83,d Street. WHEREAS, the Mayor and City Commission wish to improve the drainage and roadway conditions at the intersection of SW 60 th Avenue and SW 83,d Street; and WHEREAS, the Drainage and Roadway Improvements at the intersection of SW 60 th Avenue and SW 83,d Street have been budgeted in the Capital Improvement Program section of the City's budget; and WHEREAS, design and construction documents were developed and approved by DERM; and WHEREAS, pursuant to a competitive selection process, it was determined that Maggolc, Inc, submitted a proposal in the amount of $65,615.40 that was the lowest and most cost effective; and WHEREAS, the City desires to provide a contingency of $5,000 over the proposal amount to address any unknown factors that may arise during the work; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Maggolc, Inc., for drainage and roadway improvements at the intersection of SW 60 th Avenue and SW 83,d Street for a total amount not to exceed $65,615.40. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, flORIDA; Section 1. The City Manager is authorized to negotiate the price, terms and conditions and to execute a contract with Maggolc, Inc., for drainage and roadway improvements at the intersection of SW 60 th Avenue and SW 83,d Street for a total amount not to exceed $65,615.40. The City Manager is authorized to expend up to $5,000 to address any condition that the contractor, using reasonable diligence, could not have foreseen when formulating its bid. A copy of the approved form of contract is attached. The expenditure shall be charged to the Capital Improvement Program Fund account number 301-1790-519-6450, which has a balance of $982,158.44 before this request was made. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution Page 1 of 2 Res. No. 139-18-15172 Section 3. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this7th day of August ,2018. ATTEST: APPROVED: 0~ CITY CL K !l!(?f~ COMMISSION VOTE: 5-0 TION Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 City Commission Agenda Item Report Meeting Date: August 7,2018 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: CONSENT AGENDA Subject: Agenda ~em No:4. A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc, Inc., for Drainage and Roadway Improvements at the intersection of SW 60th Avenue and SW 83rd Street. 3/5 (City Manager-Public Works) Suggested Action: Attachments: Maggolc_1 nc-_Me mo _for_Drainage J m prove me nt_SW _60th_Ave_SW _83rd_St_PWD _7-9-2018 (2) .docx Maggolc, Inc-_Reso_for_Drainage Improvement SW 60th Ave & SW 83rd St_PWD_7-11-2018.docx Bid Opening Report RFP PW2018-12 6.27. 18.pdf Pre Bid Meeting RFP PW2018-12 6.14.18.pdf Maggolc-Bid Documents.pdf Proposal Summary Drainage Improvements SW 83 & 60 Avenue 6.27.18.pdf DEMAND STAR RFP PW2018-12 6.27. 18. pdf Notice of RFP PW2018-12.pdf SUN BIZ MAGGOLC.pdf Finance Account Balance 301-1790-519-6450.pdf CONTRACT from 2RFP Drainage and Roadway Improvements SW 83 St and 60 Ave 5.30. 18CArev.pdf 1 ,l,;rfi-Z"',~ Sou{hfJiami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: AMOUNT: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager August 7, 2018 Agenda Item No_: __ A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc, Inc, for the Drainage and Roadway Improvements at the intersection of SW 60th Avenue and SW 83 cd Street The City of South Miami received various concerns from residents regarding the drainage issues and poor asphalt condition at the intersection of SW 60th Avenue and SW 83 cd Street In response to these concerns, a design and construction documents were developed and approved by DERM for the implementation of drainage Improvements and asphalt repairs_ The construction documents were advertised on May 30, 2018_ The City received on June 27, 2018, a total of fifteen (15) proposals in response to a solicitation_ Pursuant to review, it was determined that Maggolc, Inc, is the most cost effective and responsible bidder for this proposaL Below are the top three proposals received: Contractor Bid Price Maggolc, Inc. $65,615.40 Williams Paving Co., Inc $66,001.43 Marcdan, Inc $68,150.00 A contingency amount of $ 5,000 will be included over the proposal amount of $65,615.40 to address for unknown factors that may arise during the work. Amount not to exceed $70,615.40 which includes $5,000 for contingency. FUND & ACCOUNT: The expenditure shall be charged to the to the Capital Improvement Program Fund account number 301-1790-519-6450, which has a balance of $982,158.44. ATTACHMENTS: Resolution Bid Opening Pre-bid Maggolc, Inc., Proposal Proposal Summary Demand Star Results DBRAd Sun Biz Registration 2 BID OPENING REPORT Bids were opcncd on: Wednesday June 27, 20] 8 after: lO:OOam For: RFP # PW 2018-12 Drainage & Rd Improv-83 rd St & 60 th Ave COMPANIES THAT SUBMITTED PROPOSALS: AMOUNT: ---.-. -------~~---.""-,-"-,-,.". ]. C&I CONSTRUCTION AND DESIGN INc.. ......................... -~~q ,-;-~ I" 2>"1--1, 2. CAS CONTRACTORS LLC. .................................. ,.......... ~ 1;):5 0'7,. Igi) I ~: ~~~~~~~~~~C};~G~NGiNE~I~I~G·CON:I:i~~~:I:O~SINC. ~2~11~~~Cb~ I 5. IMFESTIMATIl\G& CONSTRUCTION,CORP .................... ~lSvllg'I~.IL/ I 6. MAGGOLC, INC.......................................................... . lcl3/ .(0 15 . DO I 7. MARCDAN, INC...................................................... ..... ~ lbS, IS D . Ol) I 8. METRO EXPRESS, INC.................................................. f1P1'7, z.S to, O() I 9. PAC .. ~Q.r:n!Yl ............................................................. ptIIS,I'lI.'l1D 10. QUALITY PAVING CORP............................................ ~ lol{ 1'1 \) I ()l) 1]. R&G ENGINEERING, INC............................................... ~ ?Slit q 'Ill. 00 12. STONE CONCEPT MIAMI, INC........................ ................ :t \ n ,Q3').Ol) 13. V ENGINEERING & CONSULTING, COlU' ........ ,.. ........ ...... \Il' OJ IJ 1l)\jb.OQ 14. ZAHLENE ENTERPRISES, INC ..................................... ,... fJbcr3,l./Dlo. (oS 15. WILLIAMS PAVING CO., INC...... ................ ............ ........ !ib lDl", ()D I.l) 3 TIlE ABOVE BIDS HAVE NOT BEEl'i CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. Si aturc 5 Date: RFP Title: RFP No.: r«r South rMiami THE CITY OF PLEASANT LIVING Pre-Bid Conference Sign-In Sheet June 14, 2018 Drainage & RoadwayImprovements SW 83rd St & SW 60 Ave PR2018·12 X:\Purchasing\Request ti)r Proposals & Qualification (RFPs)120 18 Drainage and Roadway Improvements SW 83 St and SW 60 Ave\Pre- bid\Pre-Bid Meeting Dante Fence & Irrigation PR20 18-04 2.22.18.doc 6 I THE ell Y Of JltEA':lANT tlVJNG CITY OF SOUTH MIAMI DRAINAGE AND ROADWAY IMPROVEMENTS SW83RD STREET AND SW 60'" AVENUE RFP PW2018-12 SUBMITTAL DUE DATE: June 27, 2018 at 10 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 or unless the context in which the word is used requires it to mean the City of South Miami. The City Is hereby reques-ting sealed proposals in response to this RFP #PW20 18-12 "Drainage and Roadway Improvements SW 8Jrd Street and 60th Avenue." 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, B, & C) and Respondent's Cost and Technical Proposal, or the plans and/or specifications, if any, 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 5:00 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 (I) original unbound proposal, three (3) additional copies and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office olthe 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: "Drainage and Roadway Improvements SW 83rd Street and 60th Avenue," RFP #PW2018 .. 12 the name of the Respondent person or entity responding to the Solicitation. Special envelopes such as those provided by UPS or Federal Express wlll liot 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 10:00 A.M. local time (the "Closing Date") on June 27, 2018. A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset DriYe, South Miami 33143. Any Proposal received after 10:00 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. Hand delivery must be made Monday through Friday from 9 A.M. to 5 P.M., unless a different time is provided above for the Closing·Date, to the office of City Clerk. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive, South Miami, FL 33143 on June 14,2018 at 10:00 A.M. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provis·lons of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this Solicitation Package. 7 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. 2 Maria M. Menendez, CMC City Clerk City of South Miami 8 SCOPE OF SERVICES and SCHEDULE OF VALUES DRAINAGE AND ROADWAY IMPROVEMENTS SW 83"D STREET AND SW 60'" AVENUE RFP PW2018-12 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I, Attachments A, B, & C, END OF SECTION 3 9 SCHEDULE OF EVENTS DRAINAGE AND ROADWAY IMPROVEMENTS SW 83"0 STREET AND SW 60" AVENUE RFP PW2018·12 No Event Date* Time* (EST) I Advertisementl Distribution of S9licitati9n & Cone of Silence be~ins 5/30/2018 2:00 PM 2 Non-Mandatorv Pre-RFP Meeting 6/14/2018 10:00 AM 3 Deadline to Submit Questions 6119/2018 10:00 AM , 4 Deadline to City Responses to Questions 6/22/2018 10:00 AM 5 Deadline to Submit RFP Response 6/27/2018 10:00 AM 6 Projected Announcement of selected Contractor/Cone of Silence ends 7117/2018 7:00 PM END OF SECTION 4 10 INSTRUCTIONS for RESPONDENT DRAINAGE AND ROADWAY IMPROVEMENTS SW 83"0 STREET AND SW 60" AVENUE RFP PW2018·12 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. I. Purpose of Solicitation. The City of South Miami is requesting proposals for the lowest and most responsive price for the Project. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests ofthe City. 2. Qualification of Pl'oposing Firm, Response submittals to this Solicitation will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves'the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the reqUirements of this Solicltation. The decision as to whether an item fully complies with the stated reqUirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a pri.mary contact with the City of South Miami. This person or back~up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents ill descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Awithments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) AttachmenclExhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the respons.e; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday. Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm's Proposal; and d) The firm sUbmits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers adequate docu'mentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, prOVisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter anp these instructions, or any other provision of this Solicitation, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10 AM, June 19, 2018 to the attention of Steven P. Kulick, Chief Procurement Officer at !iliuli~~@~Quj:hmiamifl.gQl' or via facsimile at (305) 669·2636. 5 11 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U,S. mail. e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10. Verbal interpretations or clarifications shall be without legal effect, No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice, II. Cone of Silence: You are hereby-advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Section SA-7, of the City's Code of Ordinance, From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section BA-7, has been dup.licated at the end of these instructions. 12, Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of ihe contract or the contract awarded to said Respondent or proposer voidable, and, in such eVl;lnt, said Respondent or proposer shall not be considered for any Solicitation including but not limited to one that reque'sts any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods 01" services for a period of one year. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of ( I) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted" bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually ,or collectively concerning this Solicitation, Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division. which are for the purposes of obtaining adcHtion;l1 or clarifying information or as otherwise prOVided for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying: however, the presentation team may avoid formal registration by complying with section 8A-S (c) (9), of the City's Code of Ordinances, A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register, An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A~5 of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14, Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however. reserves the right, in its sale ·discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award, b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiation's. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents, The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project 01' work in question and the Respondent, by making a Proposal, agl'ees to such mo'difications and to be bound by such modified documents. h) to cancel, in whole 01-part, any invitation for Proposals when it is in the best interest of the City. 6 12 i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person. other than a bona fide employee, contractor or subcontractor. working in its . employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company. corporation. individual or firm other than a bona fide employee, contractor or sub~consultant, working in its employ. any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for 'a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids. proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor. or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. "17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the $olicitatio'n Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal. the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda, c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier's check). if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation. whether or not followed 'by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may qffer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s}. The City shall be the sale judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy. the City reserves the right to make the final determination at the lowest net cost to the C~ , c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents al'e responsible for checking their calculations. Failure to do so shall be at the Respondent'S risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when reqUired, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening. they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal 'Price Guidelines, f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship. or performance of the items offered on this Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned 7 13 thereby, or to cancel all or any portion of the Contract, at the sale discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomple:te, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments, Proposals must be accompanied by a Materials Data Safety Sheet (M,S,D,S) when applicable. 19, Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses. permits, and inspections required by this Solicitation and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent, Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be-performed as required by Florida Statutes. the Florida BUilding Code, Miami~Da:de County Code or City of South Miami Code, These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if required for this Project. 20, Respondent shall comply with the City's insurance requirements as set-forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract. 01' an award of the contract is made before compliance with this proviSion, the failure to' fully and satisfactorily comply with the Cityls bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a resciSSion of the Proposal Award or rescission of the recommendation for award of contract without'further City action, The Respondentl, by submitting a Proposal, thereby'agrees to hold the City harmless and agrees t'O indemnify the City and covenants not to sue the City by virtue of such rescissi'On, 21, Copyrights and/or Patent Rights: Respondent warrants that as 'to the manufacturing, prodUCing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposall there has not been, ncr will there be., -any ,infringement of copyrights or patent rights, The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation shall not be responsive unless the Respondent signs the form of-contract that is a part of the Solicitation package, The Respondent to this Solicitation acknowledges that by submitting a response or a ·proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract. both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the' Bid Form and/or, the form of contract that is a part of the Solicitation package and/or response to this Solicitation. grants to the City the authority, on the ResP'Ondent's behalf. to inserted, into any blank spaces in the contract documents, information obtained from the proposal and. at the City's sol,e and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contractf after the appropriate information has been inserted, as wen as for any and all purposes, including the enforcement of all of the terms and c'Onditions of the contract. 23. Evaluation of Proposals: The City, at its sale discretion, reserves the right to inspect the facilities of any or all R.espondents to determine its capability to meet the reqUirements of the C'Ontract, In addition, the price, responsibility and responsiveness of the Respondent. the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or c'Omparable private entities, will be taken int'O consideration in the Award of the Contract, 24, Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as detel'mined by the City, 25. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award, or not award a contract. as applicable, unless the claim is based solely on allegations of fraud and/'OI" collusion. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process 'Or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process, In any such suit. the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigati'On are awarded to the City, the Proposal/Bid Bond, if required for this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent, 8 14 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful R.espondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials. in connection herewith. In addition, jf the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provIdes employee bonding, naming the City of South Miami as the obligee on the bond. The bonds shall be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond shall continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum, 28.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project. 28.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05. Florida Statutes, Respondent 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. 28.6. The surety company shall hold a current certificate of authority as acceptable surety o'n federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: NotWithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent. within ten (10) calendat' days of Notice of Award by the City, shall deliver. to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well ,as a Performance and Payment I?ond if these bonds are reqUired. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the reqUired Bonds and Insurance Documents within the specified time shall, at the City's option, forieit the Proposal/Bid Bond/Security that accompanied the Proposal, and the ProposaVBid Bond/Security shall be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents, Proposal/Bid Bond/Security depOSited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond. 30. Pre~proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the net::essary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable. is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the survey is prOVided subsequent!'to the submission of the proposal, the Respondent shall have five calendar days to notify the Ci,ty of any additional costs required by such conditions and the City shall have the right to reject the proposal and award the contract to the second most responsive. responSible bidder with the lowest price or to reject all bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the Work. 9 15 32. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a fully completed Bid Form found on EXHIBIT 3-and a Respondent's Cost and Technical Proposal, ifany, which is a part of this Solicitation Package. 33. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, -color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of bid op-ening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are"no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal t partners, members or stockholders (collectively referred to as "Responden"t Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 36. Bid Protest Procedure. See attached EXHIBIT 9. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT NIA. 38. Availability of Contract -Any Governmental or quasi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, "and regulations allows the piggybacking off said contract and provided that the successful bidder(s)/proposer(s) is/are in agreement. Each Governmental or quaSi-governmental entity which Uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/prQPosel"(s). 39. Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation. then the City, upon written notice to Successful Bidder or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to .any Respondent(s), 40. Most Favored Public Entity. Respondent represents that the prkes Charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions. wages, benefits, insurance coverage and any other material cost factors, If respondent'S prices decline, or should respondent, at any time during the term of a contract entered into with Clty, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. Respondent shall immediately extend the same prices to City. 41. Confidential and Proprietary Information. Respondents may assert that "some trade secrets, financ;ial records, and proprietary or other confidential infol'mation in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover-as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and confidential Information, the Respondent shall provide a redacted copy of the document and an unredacted copy. In addition, the Respondent shall prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent shall cite the statutory provision that provides the basis for the Respondent'S claim that the document or a portion of the document is confidential and below the citation the Respondent shall copy and paste the applicable statutory pt'ovision (this listing requirement shall hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential shall result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will-advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining 10 16 a protective order, the City will produce the requested information or document. The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws, The Respondent shall indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sale and exclusive COSt, to defend the request far disdasur'e of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions shall govern the interpretation of this RFP; "Certify", including all.of its tenses, such as "certifies", "certifying" and "certified", shall mean the act of swearing or'affirming under penalty of perjury that the facts that are being "certified" are true and correct and it shall be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, uncler penalty of perjury, as to the truth of the statement pursuant to Florida Statutes, S'ection 92.525. END OF SECTION II 17 CONE OF SILENCE ORDINANCE, SECTION 8A·7 DRAINAGE AND ROADWAY IMPROVEMENTS SW 83 RO STREET AND SW 60'" AVENUE RFP PW2018·12 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec.8A·7. Cone of Silence: (A) Definitions. (I) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the "Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission 01' (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D. (3) below. (2) "City's professional staff" means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of CQne of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at,the time that the solicitation process is terminated by the City Manager, However, ilthe City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. . (D) Exceptions to applicability. The prOVisions of this section shall not apply to: (I) Communications at a duly noticed pre-bid conferenc~ or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; 12 18 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation do.cuments. This section shall not be construed to. prevent written communication between City professional staff and -any City selection, evaluation or negotiation committee. A copy of any written communicatIon made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative, The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained· in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City'S professional staff and Potential Bidders andlor Bidder's Representatives to enable City staff to seek and obtain industry comment or periorm market research, provided all communications related thereto between a Potential Bidders andlor Bidder"s Repr'esentatives and any member of the City's professional staff including, hut not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting, (F) Penalties. Violation of this section by a particular bidder or proposer. or their representative, shall render any award to said bidder or proposer voidable by the City Commission andlor City Manager, Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee, In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager, END OF SECTION 13 19 PROPOSAL SUBMITTAL CHECKLIST fORM DRAINAGE AND ROADWAY IMPROVEMENTSSW 83 RD STREET AND SW 60'" AVENUE RFP PW2018·12 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: Attachments and Other Documents described below CI I lee ( to be Completed IF MARKED WITH AN "X": Completed. X Proposal Package shall consist of one (I) original unbound proposal, three (3) additional copies and one (I) digital (or ____ comparable medium including Flash Drive. DVD or CD) copy __ X __ Schedule of Values. EXHIBIT I, Scope of SelVices, Attachment B ____ J ___ _ __ X __ Indemnification and Insurance Documents EXHIBIT 2 __ X __ Construction Bid Form. EXHIBIT 3 x Signed Contract Documents (AII-'including General Conditions ____ and Supplementary Conditions if attached) EXHIBIT 4, 5, & 6 X Performance and Payment Bonds (As a Condition Award. Not ____ required with Submittal.) EXHIBfT 7 & 8 x Respondents Qualification Statement X list of Proposed Subcontractors and Principal Suppliers __ X __ Nan.Coliusion Affidavit x ____ Public Entity Crimes and Conflicts of Interest x ____ Drug Free Workplace x ____ Ad<nowledgement 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 v ,/ v y v v Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 14 20 RESPONDENT QUALIFICATION STATEMENT DRAINAGE AND ROADWAY IMPROVEMENTS SW 83"0 STREET AND SW 60'" AVENUE RFP PW2018·12 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 45' b) In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects. ! a) Project Name: .s~ ....... u.)o.:t-ey r VW>f'. oS w :::rO _ -=1-1 A-v.e... b) c) U "CCo.. fe. up. Pi~c_'J Owner Address: /7-<;4-f" f1t4e.c~f j11;'';f?_v~, P~c;-'!<s+, OWner Name: Owner Telephone: -;}>O r _ 'Z..:> 4 _ z. l"i-, oe= L ~3 I .>;,. Original Contract Compl~ion Time (Days): "(0 C{......, oS : Original Contract Completion Date: s ..... p f'" 7"/I.r/I::;- I t Actual Final Contract Completion Date: 9' / I .r If 7-f :J 70, i I .) Original Contract Price: Actual Final Contract Price; Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price Project Name: Owner Name: Owner Address: d) e) Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: -:}OS -t;~3 -G .3 J d cffA-Ajs If~-L ;z...S-2-0 (:::;-~ ) II-prr~c--1-01 Z-O I .f- 4-:131, g,g,2- Actual Final Contract Completion Date: __ 2---rf!----;;"Z-O,---:--I/~/___,:+-__;:::__,_--- Original Contract Price: I' It? ;3..z:; 9 9 "3 Actual Final Contract Price: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: ,t ce 2..S/ 42-/ f / A<;tuaJ Final Contract Completion Date: _--:r-=5-1/'::-c=g--l'--C/II_~~-,-____ _ Original Contract Price: ¥ 7:~S-j 'i ;;'1 Actual Final Contract Price: 1=t-11=, 3~O 16 22 3. Current workload 4. The following information shall be attached to the proposal. #. c kJ a) RESPONDENT's home office organization charc. A· <:L b) RESPONDENT's proposed project organizational chart.' /4tf"-C W ~c kef c) Resumes of proposed key project personnel, including on~site Superintendent. /f 5. Ust and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, ;LJ (j '" L b) Any arbitration or civil or criminal proceedings, or NON..e- Suspension of contracts or debarring from Bidding or Responding by any public agency brought 0) against the Respondent in the last five (5) years AJ (j AJ.e..-- 6. Government References: C See-J--c' J o:I:f-o-"'" ~J j Ust other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No,: Contact Person: Type of Project: 17 23 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 24 18 Pt!MGQLClIP- ENGINEERING CONTRACTOR -Lie: E·25130.2 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786·291·2949 FAX: 786-472·8831 maggolc@yahoo.com CONTRACTS PERFORMED BY MAGGOLC INC. 1·0lympic Park Concrete Sidewalk Construction. ($184,000) (Miami-Dade Park and Recreation Dept., Completed July 2008). (Dan Crawford 305-5964460) (dc93@miamidade.gov) 2-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) 3-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.com@dot.stateJl.us) 4-Countywide Intersections Improvement, Roadway and Drainage. ($443,637) (Miami-Dade County Public Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305-299 9822) Ura@miamidade.gov) 5-West Perrine Park Concrete Slabs, Sidewalks and Poured in Place. ($34,000) (Miami-Dade Park and Recreation Dept., Completed January 2009). (305·5964460) 6-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) 7.Brentwood Pool Park New Asphalt Walkways. ($34,000) (City of Miami Gardens, Completed April 2009). (305-6228000) (jallen@miamigardens-fl.gov) 8-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) 9-Country Club of Miami Grading, Sitework & Greens. ($107,000) (Miami-Dade Park and Recreation Dept., Completed August 2009). (305-5964460) 10-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.stateJl.us) 11-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) 12-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) 13-Blue Road Roundabouts Re-Bid ($145,000) (Public Works Dep. City of Coral Gables, Completed March 2010) (305-4605018) (epino@coralgables.com) 14-Harbor Drive Lighting and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key Biscayne April 2010) (786·255 6765) (anunez@keybiscayne.fl.gov) 15-District 1-Sidewalk Repair Project II ($95,990) (Public Works Dep. City of Miami, Completed September 2010) (Fabiola Dubuisson 305·4161755 & 305-801 7816) (fdubuisson@miamigov.com) 25 16-Golden Shore Park Pavllrs Sidewalk ($23,895.00) (Public Works Dep. City of Sunny Isles Beach, November 2010) ( 305-947 0606) (gbatista@sibfl.net) 17·AD Barnes Park Asphalt Walkways ($86,615.00) (Miami-Dade Park and Recreation Dept.. Completed December 2010) (305-755 7985) (rttolon@miamidade.gov) 18·lnstaliation 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) 19-1ntersection 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) 20-District #3 Citywide ADA Sidewalk Improvements, ($107,414) (Public Works Dep. City of Miami, Completed February 2011) (Fabiola Dubuisson 305416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 21· District #1 Citywide ADA Sidewalk Improvements, ($155,523) (Public Works Dep. City of Miami, Completed May 2011) (Fa biola Dubuisson 3054161755 & 305-801 7816) (fdubuisson@miamigov.com) 22-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) 23-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) (jpet@mikegconst.com) 24-District #4 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) 25-Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 122 Ave. ($87,703) (Miami Dade Park & Recreation Department, Completed October 2011) (Ruben Teurbe Tolon 786-5868360) (rltolon@miamidade"gov) 26-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) 27-SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of Transportation, Completed December 2011) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 28-Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public Works Dep., Completed December 2011) (Daniel Morelli 305-669 6916) (moretti@pinecrest-fl.gov) 29-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) 30-District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami, Completed February 2012) (Fa biola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson@miamigov.com) 31-SW 64 Street Corridor Improvement, ($60,000) (Public Works Dep. City of South Miami, Completed February 2012) (Keith A. Ng 305-4032072) (kng@southmiamift.gov) 32-Long Key Stale Park Campground Entrance Modification ($49,450) (Florida Department of Environmental Protection, Completed July 2012) (Fred Hand 850-4886322) (Fred.Hand@dep.stateJl.us) 33-FOOT LAP Roadway Improvements Proj!1ct ($117,371) (Public Works Dep, City of Sweetwater, Completed July 2012) (Eric Gomez 305-553 5457) (egomez.egsc@att.net) 34-SR 94/SW 88 STI Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed October 2012) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 26 35-Phase IV Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012) (Danny Casals 305-969 5091) (dcasals@palmettobay-fl.gov) 36-Killian Park Road Stormwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012) (Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov) 37-Progress Rd. Roadway and Drainage Improvements ($105,522) (City of South Miami, Completed January 2013) (Jorge Vera 305-403 2072) Uvera@southmiamifl.gov) 38-ARRA Municipalities Group B: City of Miami Gardens Bus Shelters ($894,000) (Miami Dade Transit, Completed March 2013) (Javier Salmon 786-473 4710) Usalmon@miamidade.gov) 39-1-1951 Julia Tuttle from SR 51 Biscayne Blvd to SR 9071 Alton Rd -Bike Path I Trail ($121,520) (Florida Department of Transportation, Completed March 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 40-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) 41-Friedland Manor Drainage Improvements ($406,567) (City of Florida City, Completed June 2013) (Sean Compel 786-502-0770) (sean.compel@stantec.com) 42-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) 43-Sidewalk Improvements along SR A1A1 Collins Ave @ SR 8261 NW 63 ST. ($205,521) (Florida Department of Transportation, Completed October 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnaclecei.com) 44-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) 45-Doral Trolley Infrastructure Improvements Citywide. ($217,349) (City of Doral, Completed December 2013) (Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com) 46-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) 47-Biscayne Island Drainage Improvements ($735,559). (City of Miami, Completed March 2014) (Valentine Onuigbo 786-447-9817) (vonuigbo@miamigov.com) 48-Beacom Project Area Improvements-Phase I ($767,132) (City of Miami, Completed March 2014) (Robert Fenton 786-263-2133) (rfenton@miamigov.com) 49-Sunset Drive Downtown Median. (84,663) (City of South Miami, Completed October 2014) (Ricardo Ayala 305-403-2072) (rayala@southmiamifl.gov) 50-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) 51-Dlstrlctwide Minor Asphalt Repair. ($250,000) (FDOT, District 6, Completed December 2014) (John Garzia 305-640-7177) (john.garzia@dot.state.fl.us) 52-Multiple Parks -ADA Improvements ($336,741.68) (Miami Dade Park & Recreation Department, Completed January 2015) (Leopoldo Aybar 786-201-2422) (aybar@miamidade.gov) 53-NW 18 PL Road and Drainage Improvements ($473,087.20) (City of Miami, Completed March 2015) (Robert Fenton 786-263-2133) (rfenton@miamigov.com) 27 54-Lummus Park Landing ($222,612.91) (City of Miami, Completed May 2015) (David Adato 305-416 1899 I 786-3764391) (dadato@miamigov.com) 55-Beacom Project Area Improvements-Phase II ($818,978.96) (City of Miami, Completed July 2015) (Robert Fenton 786-263-2133) (rfenton@miamigov.com) 56-Drainage Improvements 13000 SW 60 Street ($112,080) (Village of Pinecrest, Completed October 2015) (Mark Spanioli 305-669-6916) (mspanioli@pinecrest-fl.gov) 57-Sub-Basin 10 (SW 88 Ave) Paving and Drainage Improvements ($922,633.25) (Village of Palmetto Bay. Completed November 2015) (Danny Casals 305-969-5091) (dcasals@palmettobay-f1.gov) 58-Drainage and Road Improvements Project Multiple Sites #20140165 ($383,287) (Public Works Miami- Dade County, Completed November 2015) (Pedro Marsan 305-281-9062) (marsan@miamidade.gov) 59-Twin Lakes Drainage and Roadway Construction Area 1 & 2 ($345,975) (City of South Miami, Completed April 2016) (Ricardo Ayala 305-403-2072) (rayaJa@southmiamifl.gov) 60-Drainage and Road Improvements Project Multiple Sites #20140177 ($755,761) (Public Works Miami- Dade County, Completed May 2016) (Alfonso Duarte 305-409-8224) (aduarte@miamidade.gov) 61-Metrorail Bike Path Improvements (M-Path) ($870,886) (Miami Dade Transit, Completed May 2016) (George Maldonado 786-473-4369) (glm@miamidade.gov) . 62-Sidewalk Improvements Multiple Sites ($214,549) (Miami Dade County Transportation and Public Works Department, Completed July 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov) 63-Busway Pedestrian Access Improv. -20140140 ($266,345) (Miami Dade County Transportation and Public Works Department, Completed August 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov) 64-Busway Pedestrian Access Improv. -20150047 ($417,264) (Miami Dade County Transportation and Public Works Department. Completed November 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov) 65-Subbasin F-1 Drainage Improvements ($632,993) (City of Doral, Public Works Department. Completed March 2017) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo@cityofdoral.com) 66-SW 74.Terr Roadway & Drainage Improvements Project ($139,882) (City of South Miami. Completed April 2017) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov) 67-32' Traffic Circle Project ($221,527) (City of North Miami. Completed April 2017) (Chuks Okereke 305-893- 6511 Ext.15002) (cokereke@northmiamifl.gov) 68-Subbasin H-8 Drainage Improvements ($968,585) (City of Doral. Public Works Department, Completed August 2017) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo@cityofdoral.com 69-Stormwater Improvements Project-SW 70/71 Ave. (380,215) (Village of Pinecrest, Completed September 2017) (Mark Spanioli 305-669-6916) (mspanioli@p·lnecrest-fl.gov) 69-Westward Drive Concrete Bike Path Project ($1,158,670) (City of Miami Springs, Public Works Department, Completed November 2017) (Tammy Romero305-805-5035) (romerot@miamisprings-fl.gov 28 ~CIP· ENGINEERING CONTRACTOR -LlC: E·251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786·291·2949 FAX: 786472.8831 maggolc@yahoo.com PROJECTS UNDER CONSTRUCTION (All as a Prime Contractor) Current Workload 1-Civil Works (Roadway, Drainage Projects and Repairs) (Owner: City of North Miami Beach $1,995,850) (Executed 79%) (Completion: September 2018) (305-957-3629-Lera Flowers) 2-Bird Ave Roadway and Drainage Improvements (Owner: City of Miami $1,468,493) (Executed 83 %) (Completion: July 2018) (305-416-1298· Keith Ng) 3-CRA-NW 1st ST-NW 2 nd ST. Area Roadway Improvements (Owner: City of Florida City $1,601,563.30) (Executed 23 %) (Completion: February 2019) (305) 247-8221 -Rick Stauts Mario Gonzalez Maggolc Inc. IPresident 29 RESUME: MARIO GONZALEZ Engineering Contractor -Lie. E·251302 11020 SW 55 ST" Miami, FL 33165 Phone: 786·291·2949 Fax: 786·472·8831 maggolc@yahoo.c.om Superintendent/ Project Manager of Maggolc Inc. Gonzalez is a Roadway ConstlUction 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 Centra] 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, Advance Level (2016) ASPHALT PAVING TECHNICIAN -Level I (2004) EARTHWORK CONSTRUCTION INSPECTION -Level I (2005) ACl, Concrete Field Testing Technician· Grade I, (2005) FDOT Concrete Field Inspector Speciiications, (2005) LICENSES: -General Engineering Contractor -General Building Contractor -Registered and Certificate State of Florida Undergraulld 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 ofM'aggolc Inc., this is an Engineering Contractor Company. Specialized in Drainage Systems, Pavement and Concrete. Work Executed: · Subbasin F·l druinago Improvements (City of Dora!) 2017 · Busway Pedestrian Access Improv. 20150047 (Miami Dade County Transportation & PW) 2016 · Busway Pedestrian Access Improv. 20140140 (Miami Dade County Transportation & PW) 2016 · Sidewalk Improvements Multiple Sites (Miami Dade County Transportation & PW) 2016 · Metrorail Bike Path Improvements (M-Path) (Mianti Dade Transit) 2016 · Drainage and Road Improvements Multiple 8ites·20140177 (Miami Dade County PW) 2016 · Twin Lakes Drainage Improvements (City of South Miami) 2016 · Drainage and Road Improv. Multiple Sites· 20140165 (Miami Dade County PW) 2015 · Sub-Basin 10 Paving & Drainage Improv. (Village of Palmetto Bay) 2015 · Drainage Improv. 13000 SW 60 ST (Village of Pinecrest) 2015 · Beacom Project Area Drainage and Road Improvements· Phase II (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 lmprov. (City o[Miami) 2014 -Sunset Drive Do\yntown Median (City of South Miami) 2014 30 -Dorm Ave Drainage Improvements (City of South Miami) 2014 -Beacom Project Arca 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 AlA! Collins Ave@SR826(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 -1-1951 .Julia Tuttle Bike Pathl Trail (FDOT) 2013 -ARRA Municipalities Group B: City of Miami Gardens Bus Shelters (Miami Dade Transit) 2013 -Progress Rd Roadway & Drainage Improvements (Cily of South Miami) 2012 -Killian Park Rd Stormw.ter Improvements (Village of Pinecrest) 2012 -Phase IV Drainage Improvements. (Village of Palmetto Bay) 2012 -SR 941 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 -Resllrface Campground Road (Florida Dep. of Environmental Protection) 2012. -Sunerest Dr, & Moss Ranch Rd. Stormwater Improvements (Village ofPineere,t) 201l. -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 D.p.) 201l. -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 Imprnvements (Aviation Department M-D Counly) 2011· -District #1 Citywide ADA Sidewalk Improvements (City of Miami) 2011 -District #3 Citywide ADA Sidewalk ImprovementsJCity 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 I, 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 RPad Roundabouts and Drainnge. (City of Coral Gables) 2010 -Drainage Retention Improvements of State Rd. 907 (Alton Rd.) at Allison Drive. Milling and Asphalt Resurfacing. (FOOT, District 6) 2009 -Country Club of Miami Park Concrete and Asphalt Walkway (Miami-Dade County, Park & Recreation Dep.) 2009. -Breudwood Park Asphalt Walkway. (City of Miami Gardens) 2009. -West Little River Improve Asphalt Driveways. (Miami-Dade County Office of Community and Ecollomic Development) 2008. -West Perrine Park Concrete Slabs and Ponred Safety Surface. (M-D C Park and Recreation) 2008 -Asphalt Pavement Repair. Florida Department of Tnmsportation (Dishiet 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 Restriplng of Station 13 and Logi.tic. Parking Area. (MD Counly 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 Pnblic Work Dep.). 2006, etc Others Places where Gonzalez was working: SRS ENGINEERING, INC., Miami, Florida, USA. (August 2006 to July 2007). 31 Construction Field Inspector of Drainage and Roadway Restoration. (Public Work Department, Ivliami-Dade County Projects), -Allaphat.ta Phase l. -Hardwood Village Phase n, 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 Gale Pkwy (Naples) -Florida's Turnpike (Griffin Rd to Sunrise Blvd), -A-I-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 (he quality of the construction work, as per (he Public Works Departmellt 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 stonn drainage sys~el11s improvement, including independent sites and community. (DERMIFEMA Program administered by' the Division of Recovery and Mitigation-DORM) in Miami-Dade County and City of Miami Starin Drainage Improvement Program). Working closely with Microstation and AutoCAD software, October 2000 to March 200 I 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 resuti'acing operations. 32 ..t_CJH~· ENGINEERING CONTRACTOR -lIC: E·251302 11020 SW 55 ST., MIAMI, Fl33165 PHONE: 786·291·2949 FAX: 786·472·8831 maggolc@yahoo.com PROJECT ORGANIZATION CHART Gabriela Gonzidez, RD' Office Manager . i }Esln:i1d~LeQn" 4CCBi~jigM~Ra~~r .' . , .• '.Givil E~8in¢<lT . .a~&1n~S M~n:&gemertt :';.::;-,'#;:',:-'-:1::- . Al1gei" al4ez . •...• !larigworkQrew . FtinuBn 'l'ZYe!lrs"Expetli:lll~e ··OlgiiI.e~$.:BD Co'hStTu~io,~-~~~~pefj6te'!ld,ent - :l\o~tlGo_l}struF:tlo~ ~~glri~ t' . 33 '!lG4QLC ,mE- ENGINEERING CONTRACTOR -LlC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786·291·2949 FAX: 786·472.8831 maggolc@yahoo,com OFFICE ORGANIZATIONAL CHART !. MAGGOLC INC. Prime Contractor Project Manager: Mario Gonzalez, BD Road Const. Engineer / I Gabriela Gonzalez / Olga Leon, BD "\ Esmildo Leon Office Manager & Human Road Const. Engineer Accounting Manager Resource. Construction Superintendent -Drainage -Asphalt -Concrete " 34 ENGINEERING CONTRACTOR -LlC: E-2S1302 11020 SW SS ST., MIAMI, FL 33155 PHONE: 785-291-2949 FAX: 786-472-8831 maggolc@vahoo.com MAGGOLC GOVERMENT REFERENCE LISTING 1) Company Name: Miami Dade County Public Works Department. Address:111 NW 1st ST 14 Floor, Miami, FL 33128 Contact Person: Joaquin Rabassa Telephone # 305-299 9822, 305-9894943 jra@miamidade.gov 2) Company Name: Miami Dade Park & Recreation Department. Address:275 NW 2nd Street, 4th Floor, Miami, FL 33128 Contact Person: Ruben Teurbe Tolon / Leroy Garcia Telephone # 305 755 5465 rttolon@miamidade.gov 3) Company Name: Office of Community & Economic Development M-D County Address:701 NW 1st CT 14 Floor Miami, FL 33136 Contact Person: Mario Berrios Telephone # 7864692112 mberr@miamidade.gov 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 6407185 rrodriguez@pinnaclecei.com 5) Company Name: City of Miami Gardens Address: 1050 NW 163 Dr Miami Gardens, FL 33169 Contact Person: Osdel Larrea Telephone # 305-6228000 Ext. 3107 olarrea@miamigardens-fl.gov 6) Company Name: City of Miami Address:444 SW 2nd Ave, 8 Floor, Miami FL 33130 Contact Person: Fabiola Dubuisson Telephone # 305 4161755 fdubuisson@miamigov.com 7) Company Name: City of North Miami Address:1815 NE 150 ST, North Miami, FL 33181 Contact Person: Chuks Okereke Telephone # 305 893 6511 cokereke@northmiamifl.gov 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 anunez@keybiscayne.fl.gov 9) Company Name: City of Coral Gables Address:2800 SW 72 Ave Miami, FL 33155 Contact Person: Ernesto Pino Telephone # 305 926 2784 epino@coralgables.com 35 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 mhardie@miamigov.com 11) Company Name: Stantec Address: 901 Ponce de Leon Blvd Suite 900 Coral Gables, FL 33134 Contact Person: Sean Compel Telephone # 305-4452900 Ext. 2230, 786-502 0770 sean.compel@stantec.com 12)Company Name: Village of Pinecrest Address: 10800 Red Road, Pinecrest, FL 33156 Contact Person: Mark Spanioli Telephone # 305-669 6916 mspanioli@pinecrest-fl.gov 13)Company Name: City of Florida City Address: 404 West Palm Dr. Florida City, FL 33034 Contact Person: Richard Stauts Telephone # 305 2478221 1305772 1157 richard.stauts@floridacityfl.gov 14 )Company Name: City of South Miami Address: 6130 Sunset Drive South Miami 33143 Contact Person: Aurelio Carmenates, PE Telephone # 305-403 2063 acarmenates@southmiamifl.gov 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 rfenton@miamigov.com 16)Company Name: Miami Dade.County Transportation & Public Works Department. Address:111 NW 1st ST 14 Floor, Miami, FL 33128 Contact Person: Mercedes Barreras Telephone # 786-222-9912 barrem@miamidade.gov 17)Company Name: Village of Palmetto Bay -Public Works Department. Address: 9495 SW 180 Street, Palmetto Bay, FL 33157 Contact Person: Danny Casals Telephone # 305-969-5011 dcasals@palmettobav-fl.goV.gov 18)Company Name: City of Doral -Public Works Department. Address: 8300 NW 53 Street Suite 100, Doral FL 33166 Contact Person: Carlos Arroyo Telephone # 305-593-6740 Ext. 6009 carlos.arroyo@cityofdoral.com 36 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS DRAINAGE AND ROADWAY IMPROVEMENTS SW 83'0 STREET AND SW 60'" AVENUE RFP PW2018·12 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. Landscape Electrical Irrigation Paving Utilities Excavation Other: ",. ~""''t<rh>,..., This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 19 37 NON-COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI·DADE ) _-4-A/-"'1,-Cl-,-,r--,r_'o=-__ 6-,-_",_,v __ ~_aJ __ .e... __ Z-___ being first duly sworn, deposes and states that: (I) (2) (3) (4) (5) HelShelThey islare the -,::-__ cJ __ t-U __ ,J)-:-~--:_r-,-____________ _ lC)wner, Partner, Officer, Representative or Agent) of -:--+-I/.-:\;;-",CL;::£f6"~1'-,..If_Cv,-,,:::... __ ::t:::". __ .J,-,c-:::....,-__ the Respondent that has submitted the attached Proposal; He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; 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 Of 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:, The price or prices quoted in the attached Proposal are fair and pro er and are not tainted by any collusion. conspiracy, connivance, or unlawful agreement on the p f the Respondent or any other of i I agents, representatives, owners, employees O~PIOf int res, indy.ding this affiant. an d"liy.ered in the presence of: I ~---.lL.-f-f-,I-------~ Signat re . cr nCl 6"O,J c.J.!? ~ JZe.h-f ,~ ~t~N~a~m--e-a-n~d~T=i~t1-e---------------r--~ Witne '/2-~ /1 g Date r I ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI·DADE On this the ~,{) r::; day of ..(,(ilL ,20 I?, before me, the undersigned Notary Public of the State of Floridal ~e!"~!rlnally a '-~~red: arv'Ie(s) of individual(s) who appeared befor7Jnotary) [-'ID" \) (\Y'C; V. and whose n"l)1e(s) islare SubssPfIil,d to the within instrument, and he/she/they ade owled e that he/she/they executed it.~/ /" / 0~ .'" .;:;./ "~-,-.. ;/ LA-~ ,~-/0<-~.-,o" WITNESS my hand and laura Laine NOTAAYPUBLIC , OF FLORID/I Comm# FF937267 20 EJq1iffls 11/18/2019 Notary Public, State of Florida 38 NOTARY PUBLIC: SEAL OF OFFICE: LaUra Laine NOTARY PUBLIC m ~'T A' " OF FLORIDA (Name of Notary Public; Print, Stamp or type as commissioned.) Comm# FF9372137 ---: / Expires 1iI1812019_V_ Personal identification: Personally known to me, or -r L ~(\<1).), ,kCfi.1,~ Type of Identification Produced Did take an oath, or Did Not take an oath. 21 39 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 ~ubmit 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 I 12, 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. I. This swom statement is submitted to [print name of th public entity] by --,-,+:--:--:---;:-:-.,.---;:-'6,--(/_"'---:" -,2-c-:J,---f_'V------,f--'"17..:.....f_H-'------'.Ji-t=-.:...'_LJ-'-=-'-__ _ whose business address is f ( tJ ;r-O-~W S .s-.;;zJ: U'p ... :-/ EL ':3 ~ {tP S' ~=r.s- and (if applicable) its Federal Employer Identification Number (FEIN) is r;;r.-o -'334-5' (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: -.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(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. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, 4. 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. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A p"redecessor 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, 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 fade case that one person controls another p~rson. A person who knowingly enters into a joint venture with a person who has been 22 40 convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "persan" as defined in Paragraph 287.133 (I) (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 ta bid ar 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. membel·s, 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 submi~g this sworn statement. [Indicate which statement applies.] _V __ N 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 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 of July I. 1989. However, there has been a subsequent proceeding before a Hearing Officer ofthe 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 F D. I ~LS UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING 0 A CO TRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STAT TE iEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. / ! Sworn to and subscribed before me this c!2 t; 1 day 01-71""-'-=-_""'"''--____ •• 20lL· Personally known ______ :-___ -,-_ OR Produced identification--::tL i2f \V--'"' J~ (')Lt.,., (Type 01 identification) FOI-m PUR 7068 (Rev.061 I 1192) Notary Public -State 01 --::PC;" ,jQ My commissiOn e~pires \ \ )1 q ~ i q (Printed, typed or stamped c!lrT1miss(oned i;l!le of notary p~~IjJ:) {/l .// ,-.,..J? ... ~ l2;/G<'UuQ. 1/ 23 laura Laine NOTARY PUBLIC STATE OF FLORIDA Comm# FF93?267 Expires 11/18/2019 41 DRUG FREE WORKPLACE Whenever two or more Bids or ProPQsals 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, posse,ssion, 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 (I),. 4) In the statement specified in Subsection (I), 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 contendere to, any Violation of Chapter 893 or of any controlled substance law of the United States or any state, for.a violation occurring in the workplace no later than five (5) business days after such convlction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance 01' rehabilitation program, if such Is available in the employee's ,community, by any employee who is so convicted. 6) Make a good faj ffort 0 c ntinue to maintain a drug~free workplace through implementation of this secti~2 As the person authorized to jgn , I certify that this firm complies fully with the above requirements. RESPONDENT's Signature:G "'''--'-'''''H-+------.,------, jlJ ~ I /J Print Name: +~O -u,....f ~ ~ Date: C; / C1-f It i' I I 24 42 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, ~4$d fer 'IJ... <;-lName of CONTRACTOR), hereby acknowledge and agree that as CONTRJ>; TO for the DRAINAGE AND ROADWAY IMPROVEMENTS SW 83"0 STREET AND SW 60'" AVENUE, RFP PW20 18·12 Project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1"970. and all State and local safety and health regulations, and agree to indemnify and hold harmless_ the City of South Miami and Stantec (Consultant, if any) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub- c~ntractor's names): to comply with such act or regulatio , BY Title 25 43 AFFI.DAVIT CONCERNING FEDERAL AND STATEVENDOR 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 jf 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.myflorida.com/business operations/state purchasing/vendor i[1formation/convkted susp- ended djscrimlnato~Jaints vendor lists fA , DEC~RA TION UNDER PENALTY OF PERJURY I.arro ~...,~ !-(Ifereinafter referred to as the "Dedarant") state. u der penalty of perjury. that the folio ing statements are true -and correct: ,.... I let aA I -, ::t1..t (I) I represent the Respondent whose name is a. nt:J If"tJ 1:--' 1'1 J.-a-Lev C' (2) I have the following relationship with the Respondent h: OwneI;. (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (jf Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited liability Company). (3) I 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) I 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 Ust Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties list Vendor Complaint List FURTHER DECLARANT SAYETH NOT."_ .. ,, .... NOTARY nJIDLI'- SEAL laura Laine NOTARY pUBLIC \'ii. ",. '.T~ OF FLORIDA Comn1# FF937267 Expires 11118/2019 26 eclarant) Nota~ry Public, State O[IOrida LCwfO Q~ (Name of Notary Public: Print. Stamp or type as commissioned.) 44 make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:IPurchasinglVendor RegistrationI12.28.12 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 (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commi io, il) any city employee; or (iii) any member of any board or agency of the City other than as follows: :-:c+-'=''-:-!-'-';:-'-_::;-_--:-_--;-:-::--; _______ (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 famlly 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 (Le. spouse, parents, children, brot rs and sisters) have also responded, other than the following: --""''-+-£.f----,-------,----,----,---,----,-""""""C---o----:---c--,------(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 l11ake 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 fal11i1y.] (9) I 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 FinY'l 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 of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to actio y/he Miamj~Dade County Commission on Ethics. Under penalty of perjury, I declare that I have mad a lige e rt to investigate the matters to which I am attesting hereinabove and that the statements true and correct to the best of my knowledge, information and belief. Print N"me Date: __ --"+ __ -'-+-'--'''---- 28 46 Sec. SA· 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 dty personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasHudicial 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: (I) The term "commission members" shall refer to the mayor and the members of the dty 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 ofthe 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 lldepartmental personneltt 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, often 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 oftransacting business with the city. ' (9) The term uimmediate family" shall refer to the spouse, pare,nts, 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 dty, 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)(l) 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: (I) 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 clty commission after public hearing upon finding that: (I) 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 ofthe 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 subsect'ron shall be applicable only to prospective transactions, and the dey comm"lssion 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 rnatter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a fjrm. corporation, partnership or business entity in which that 29 47 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 dty, and any such contract, agreement or business engagement entered in vlolation of this subsection shaH render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally. no pet'son included in the term defined in paragraph (b)( I) shall vote on or parcicipate 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: (I) 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)( I) 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)( I) who has any of the specified relationships or who would Ot' might, directly or indirectly, realize a profit by the action of the city commission shall not vote on ot' participate in any way in the matter. (E) Gift,. (I) Definition. The term "gift"-shalJ 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)(l) shall not apply to: a. Political cont.ribuiions 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 01' civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely Informatiol1al or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is all"o unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6), orlor any person included in the terms defined in paragraphs (b)( I) through (6) to accept 01' 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)(I): 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)( I) 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 I 12, 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 ofthe city. (g) Exploitation of offidol position prohibited. Na person included in the terms defined in paragraphs (b)( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibit;on on use of confidential information. No person included in the terms defined in paragraphs (b)( I) 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 01' gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain 01' benefit. (i) Conflicting employment prohibited. No person inciLlded in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. )0 48 (I) No person included in the terms defined in paragraphs (b)(6) shaH 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 ful!~time city employee may accept incidental or occasional outside employment so long as such emplClyment 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 H 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 fullHtime 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 ofthe 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 dty 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)(I) 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. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in pa,"agraphs (b)( I), (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 c.ounselor 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 p.ragraphs (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 dty commission or agency on which the person serves in connection with the particular benefit sought by the third parey. 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) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person 0'" 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)(l) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believE;s or has reason to believe that the financial 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. (O) Recommending professional services. No person included in the terms defined in paragraphs (b)(l) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations finn, or any other person or firm, profeSSional or otherwise, to assist in any transaction involvin,g 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 city service. (I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall, for a period oftwo years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs 31 49 (b)(l) 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 matt~r in whkh-the city or one of its agencies 1s 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, 50 I (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)( I) 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)(l) 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 dty official in connection with any subject described in paragraph (p)(l) 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, recorrymendatlon, the rendering of advice, inv~stigation. or otherwise. during his or her dty service or employment. A person participated u'lndkectly" 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 pH or to lobbying any city official attesting that the requirements of this subsection do ':lot preclude the person from lobbying city officials. (S) 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)( I) 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 set'vices 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. 6-99-16S0, § I, adopted 3-2-99, repealed §§ SA-I and 8A-2 in their entil"ety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and 8A-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I A-I), I (IA-2) adopted Jan. II, 1969. 32 50 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 mennbers 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 subnnitted 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 10 byist registration fees .. Ii (j (5 N -z--",.,t' e-'L--- Pursuant to '92.525(2), Florida Statutes, the undersigned, a;1'7 '? makes the following 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. --- 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 true ard specifically that the persons listed above are the members of the presentation team of the xity r t~ below. END OF SECTION II 51 EXHIBIT No. I SCOPE OF SERVICES Attachment A DRAINAGE AND ROADWAY IMPROVEMENTS SW 83"0 STREET AND SW 60" AVENUE RFP PW2018·12 Scope of Services & Schedule of Values/Summary of Quantities I, General Requirements: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies and services necessary to provide a completed project that meets all ofthe needs described in this Scope of Services and as otherwise described in this RFP (the "Work"). The Work is to be performed per specifications and the contract documents. The Work includes, but is not limited to keeping the project site clean and safe, the furnishing all labor of the Contractor and the labor of all allowable subcontractors, the cost of dumpster(s) and the disposal of materials as well as all necessary technical specifications and permits; all necessary equipment, including rental equipment, machinery, tools, means of transportation, the coordination with any other City contractor, subcontractors and utility companies (I.e. power, gas, water) and the erection of construction safety fencing, cones, etc. at the end of each working day. Prior to any digging, Respondents must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that they can mark the approximate location of underground lines, pipes and cables on construction site. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees from other government entities, if reqUired, shall be the responsibility of the Respondent/Contractor however, in all cases; it is the responsibility of Respondents/Contractors to secure any and all permits that may be required for this project. The work associated with this project should be reflected in the Respondents proposal and the "SCHEDULE OF VALUES" FORM; EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT B, II. Scope of Work: Scope of work involves milling and resurfacing, miscellaneous road repairs, new exfiltration trench drainage and asphalt apron. Work activity is limited to the hours (rom 7:00 a.m. through 6:00 p.m., on weekdays (rom Monday through Friday. III. Site Location: The project is located at "SW 83"d Street and SW 60'h Ave. See plans for exact location. 36 52 IV. Construction Notes: Values utilized for the purpose of this RFP are approximate. Contractor is responsible to field verify the areas, and quantities as per the limits defined by the site plan. WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO PROVIDE A LUMP SUM PRICE PER THE "SCHEDULE OF VALUES" FORM. RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES" FORM. NOTE: FAILURE TO COMPLETE THE "SCHEDULE OF VALUES" IN ITS ENTIRITEY WILL RENDER YOUR SUBMITTAL AS NON-RESPONSIVE. WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES" FORM, THE RESPONDENT SHALL CARRY THE 10% OFTHE SUB-TOTAL AMOUNT AS CONTINGENCY, No. 5-3, IN THEIR TOTAL BASE BID. RESPONDENT SHALL PROVIDE PRICING FOR THE ADD ALTERNATES LISTED ON THE SCHEDULE OF VALUES. V. Plans and Specifications: Please refer to "City of South Miami Intersection of SW 60 TH Avenue & SW 83'P Street Capital Improvements Program Road and Resurfacing & Reconstruction" construction drawings. Please refer to "Pay Items" Form. Please refer to Exhibit I, "Scope of Services" and Attachment C, "Construction Plans and Drawings." VI. Project Duration: The complete construction of the project is 45 calendar days from notice to proceed. 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: A Performance and Payment Bond is required for the full amount of the project END OF SECTION 37 53 EXHIBIT No. I SCOPE OF SERVICES Attachment B "SCHEDULE OF VALUES" DRAINAGE AND ROADWAY IMPROVEMENTS SW 83"0 STREET AND SW 60 th AVENUE RFP PW2018·12 RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES" FORM. Prevention~ Control and Abatement of Erosion and Water Pollution Clear and Grubbing Existing Tree Protection and Preservation Milling Existing Asphalt Pavement (1" Average Depth) Asphalt Concrete Friction Course Traffic (, FC-9.S, High Polymer (1" Inlets Special Type P (Including Adjust existing valve boxes & meter boxes Pipe HDPE _15" Diameter Pipe HOPE -I Diameter Exfiltration Drain Ballast Rock) Trench, and Plastic Filter LS LS LS SY TN 1 1 1 It), ¢ ;z.. GOO. 260 I 15 1-S'O • CItj ;i, ::r 5""0. OV '--_______ T_OT_A_L_ES_T_IM_A_TE_C_O_ST _______ ~1I~!i.~~I~ .. ~~ G.5: to ( S. 0'1::' 38 54 SUBMITTED THIS ;;u; DAY OF _..:jl."",,---,--~ __ . ___ 20 18. PROPOSAL SUBMITTED BY: NOTE: FAILURE TO COMPLETE THE "SCHEDULE OF VALUES" IN ITS ENTIRITEY WILL RENDER YOUR SUBMITTAL AS NON-RESPONSIVE END OF SECTION 39 55 EXHIBIT 3 DRAINAGE AND ROADWAY IMPROVEMENTS SW 83 RO STREET AND SW 60'" AVENUE RFP PW2018·12 CONSTRUCTION BID FORM THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33 t 43 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, Attachment A, B, & C) 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 lim'itation 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 conditio'ns 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. a. b. c. In submitting this Proposal, Respondent represents that: Re!S:pondent has examined copies of aU the Solicitation Doc\Jments and of the following Addenda, if any (receipt of all which is hereby acknowledged) Addendurn No. t.( I Dated: G if II 5' ~ r &/1 i? Respondent has familiarized himself With the nature and extent of the Contract ocuments, 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. 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 R.espondent 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. 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 51 56 d. e. 4. 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. Responde'nt has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, jf 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. 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, assodation, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent t9 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, 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 Construction 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: G -s: G f .s-: dollars and 00 cents 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 shaH render the proposal non-responsive. 5. The ENTIRE WORK shall be completed, in full, within 45 calendar days 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 followmg Information for future communicatIon with you concerning thiS Proposal: RESPONDENT: 0,fJ:1-0 {c. X4C-~, t ...,..., (r -- Address: ((~ 3::<-0 S s: ~. /'-1.! C'-• F '" '-" "" '" l:E:.w, ¥/5!~~~ ----' 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 Respondent's 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 Construction Bid Form, and are made a part of this proposal. by reference. 52 57 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. 1 hereby certify under penalty of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity. that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct to the best of my knowledge, information and belief. SUBMITTED THIS BY: TtVc-. er bn Authorized to Submit Proposal ~ DAY OF _~ '1 ([ -,;)--91-H 4'7 gep~"G ~m.f 1 Z-. -is 5 ;:} / Fax Number / ~it.f°L-C-- Email Ad ss END OF SECTION 53 58 Project Name: RFP NO. Date: Sent: THCt;ITY OF PUASANT UVlt~G ADDENDUM No. #2 DRAINAGE AND ROADWAY IMPROVEMENTS SW 83"0 STREET AND SW 60th AVENUE PW2018-12 June 18,2018 FaxlE-mail/webpage This addendum submission is issued to clarify, supplement andlor 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. QUESTION #1: Is there a soil boring test report available for the project.! RESPONSE: Please refer to the attached "SW 60'" Avenue & SW 83"d Street "Drainage Improvements" report dated April 3, 2018 proVided by the Consultant, Stantec Engineering. I l IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FORA SPECIFIC SOLICITATION. Page 1 of 1 59 Project Name: RFP NO. Date: Sent: THE CITY OF PLr.l\SANT LIVING ADD.ENDUM No. #1 DRAINAGE AND ROADWAY IMPROVEMENTS SW 83 RO STREET AND SW 60th AVENUE PW2018-12 June 1,2018 FaxlE-maillwebpage This addendum submission is issued to darify, supplement andlor 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. QUESTION #1: Would you please provide the budget for this project? RESPONSE: The City's budget amount for this project is $70,000. IT SHALL BE THE SOLE RESPONSIBILITY Of' THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 1 of 1 60 , anglES localBQ$lness Tax Receipt Miami-OatleCounly, Slate of Florida ~il1l,sJS Nor A Bll..l..-00 NQ{rAY sumMED -flAMtm.,OCA:ttON . ~jNC 11000 SW 55 sr MfAMl fl. 331 OS ""'''''A MAGGQlCINC Wo,ker(s) ReJ;;.uPT NO. !lliNEI/If AI. 692&481 30,2018 MI1$t be dflJpIayed at \3taca (If buUj(hl~ Pursuant tCt-C~nty Code Chap!etSA -Art_ 9& 10 sec. TvPIi OF BUGINESS . 196 SPECIALTY ENGINEERING CONTAACrPAYMENT .EC .... O 1::251302 BY TAX COLU!:CTOH 115.00 07/15/2011 CREOITCARIH7.-()47890 This ".t,d lMinou 1m ROOlllplllllly ~OJ1rmnapllymant althe-Local ~ Tall. Th& RCftI,l!p'1 1$1101:11: IltfMe, Iftwrnh,. t»' a ll.rtffi~1J 11' the IKIh1tt". qil '. UftcalJD/lt to do htJIin8st, H$ltktr mIW foomply With any govr.mmen.ttd or nrmjJfttmmental ~Iahlry la",<s ~-~Irtllltnla whit:b apply '0 Uta butin6!i$. Tha RECEIPT HO./tMve mU$I'BIl djtplayedon all t!lll!millcial Yillt!t:1t1S -Mi;.IIYi-O!)dfl Code Ssc Sa-21ii. For mOTe jnfoM#tlon.llilfjt~qttl.Ln!l.U!n"Jtt!_~~Wt 61 $"f,ATE OF FLORIDA f)EPARTMENT (IF BUSINESS .A~lD PROFESSIONAL RE'3ULATiON CONSTRUCTION INDUSTRY LICENSING BOARD 2601 BLAIR STONE ROAD TALLAHASSEE FL 32399-0783 GONZALEZ. MARIO H MAGGOLCINC 11020 SW 55TH STREET MIAMI Fl33165 Congratulations! With this license you become one of the nearly one million Florldlanslleensed by the Oepartment 01 Buslne.s and Pro_ional Regulation. Our pro_lonals and bustn •• SIls range Irom architects to yacht brakers, from boxers to baril.que restaurants, and they keep Florida's economy strong. Every day we work to improve the' way we do 'business in (lrder to serve you better. For Information about our ,servlcea, please log onto WYItW.myfJoridalh::enoe.com. There you can find more Information about our divisions and the regulations lhat impact you, subscribe to department newsleUers and {earn more about the Departmenfs initiatives. our mission at the Department is; License Efficiently, RegtJlate Fairly: We constantly strive to serve you better so that you can serv.e your customers. Thank you for dOing business in Florida, and congratulations on your new license! DETACH HERE (850) 487-1395 RICK SCOTT, GOVERNOR MATILDE MilLER. INTERIM SECRETARY STATE OF FLORJDA DEPARTMENT OF BIlSII!IESS AND PROFeSSIONAL REGULATION CONSTRUCTIOlrlN"OU$TRY LICENSING BOARD m~~~~:~~~~~~{~~ED":'i~':;~:~ . Under !lui pr~visioi1s of Chapter 489 FS. '.. ". Expiration date: AUG 31, 2019," " (INDIVIDUAL MUST MEET ALL ~QGJ!.~ LICENSING REQUIREMENTS PRIOR TO.C0~tRACTII\fG IN ANY AREA) .. ,. . '--',.- ISSUEO %114!20~ 7 OISPL~Y AS REClUIREO BY LAW sen tt I 17GB I '100005114 62 SlATE OF FLORID" DEPARTMENT OF BUSiNESS A~~D PROFESSIONAL REGULATION CONSTRUCTiON INDUSTRY LICENSING SOARD 2601 BLAIR STONE ROAD TALLAHASSEE Fl32399-0783 GONZALEZ\ MARIO H MAGGOLCINC 11020 SW 55TH STREET MIAMI FL 33165 Cong,atulatlons! Wrtll this licons" Y.o. u become one of 1I1e nearty one million Floridians licensed by the Departmenl of Buslna .. and Profe .. ional ReQulaUon. Our professionals and businea .... range from architects to yachl brokers, from baxars 10 barll.qu. reslav,ant., and they keep Florida'. economy strong. ,Every day we worl{ to improve the way we do bUSiness in order to serve you better. For information about our selVices, please ,jog onto www.myfforldafics!l1se.com. thera you can fi,nd. more info,matlon about our divisions and the regulations that impact you, subscribe to department newsletters and leam more about the Department's inHiatives. Our mission at the Department is: Licen5e EfficIently, Regulate Fairly. We constantly strive to serve you batter so that you can serve your customers, Thank you for doing business in Florida; and congratulations on your flew license! RICK SCOn. GOVERNOR GONZALEZ, MARIO H MAGGOLCINC 1102Q SW 55TH STREET MIAMI FL 33165 DETACH HERE STATE OF FLORIDA DISPLAY AS REQUIRED BY LAW (850) 487·1385 KEN LAWSON, SECRETARY SEQ", l1606300001D7'1 63 DRAINAGE IMPROVEMENTS SW 83 & 60 AVE RFP PW 2018-12 NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER . Bi~ . . ". ; Public Entity Package .. ' Sched. Bidder List of Non Coli. Crimes and Bidder Bid Price " (1.0rg;, :3' Bid Form Of· Ref. . '. , Qualif. Subs' Affidavit Conflicts of Copies; 1 Values ' Interest Oigital) MAGGOLC $65,615.00 X X X X X X X X WILLIAMS $66,001.43 X X X X X X X X PAVING MARCDAN $68,150.00 X X X X X X X X QUALITY $68,701.00 PAVING X X X X X X X X HAHN CaNST. $69,553.00 X X X X X X X X METRO $77,856.00 X X X X X X X X EXPRESS (EEPCO CONT. $79,790.00 X X X X X X X X R&GENG. $84,944.00 X X X X X X X X IMF EST. $84,972.14 X X X X X X X X' C & I Censt. $89,191.37 X X X X X X X X V· $90,000.00 NfA X X X X X X ENGINEERING ZAHlENE ENT, $93,406.65 X X X X X X X X PACCOMM $115,171.76 X X X X X X X X STONE $117,932.00 NfA X X X X X X X CONCEPT CAS $123,977.60 X X X X X X X X Contractors (1) Condition of Award ZAHLENE: NON-RESPONSIVE; DISCREPANCY -TWO BIDS $84,915; SCHEDULE OF VALUES: $93,406 QUALITY PAVING: SUBMITTED BID FORM WITH NO PRICE CAS: SUBMITTED BID FORM WITH NO BID PRICE Drug free Workplace X X X X X X X X X X X X X X X R & G ENG.: NON-RESPONSIVE; DISCREPANCY -TWO BIDS $84,944; SCHEDULE OF VALUES: $69,944 Fed. .. ~<?SHA Rela~ed Presentation State' ' Stds Party Dec -LiStings . . ..... X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X Proof of Signed 11) Perf Sun In, Contract Bond Biz NfA NfA I X X X 1;;';- X X X i" X ' .. NfA X X NfA X ••• X X NfA . X . _f~;tii. " X X . X NfA i f .-•.... NfA X i ... '; . X X ,.:;.;~ ;"-.' ' .. : NfA NfA : . '.' X X -.? X X i '. -. -- NfA NfA X X .~"> > '- 64 Member Name Bid Number Bid Name 4 Document(s) found for this bid 22 Planholder(s) found. 641 NOTIFIED Supplier Name Atlantic Southern Paving and Sealcoating Bob's Barricades C. Slagter Construction, Inc. Construction Journal, Ltd. D&B Engineers and Architects, P.c. Keith & Schnars Kimley-Horn and Associates, Inc. Lanzo Construction Company Legacy Products Inc Link Systems LLC MCM R P Utility & Excavation Corp Stone Concept Miami Inc. Tetra Tech, Inc.-IER The Corradino Group, Inc. Tierra South Florida, Inc. Universal Engineering Sciences V ENGINEERING & CONSULTING CORP. Wantman Group, Inc. Weekley Asphalt Paving, Inc. williams paving co., inc. Y51 City of South Miami RFP-RFP PW2018-12-0- 2018/5K DRAINAGE AND ROADWAY IMPROVEMENTS 5W 83RD STREET AND SW 60th AVENUE Address 1 6301 W Sunrise Blvd 921 Shotgun Rd PO Box 1154 400 SW 7th Street 2525 Ponce de Leon Blvd. 6500 North Andrews Avenue 1920 Wekiva Way 125 S.E. 5th Court 3791 SW Pierre St 292 Tuska Reserve Cove 6201 SW70th Street 17680 NW 78th Ave 1239 Robin Ave. 201 East Pine Street, Suite 1000 4055 NW 97 Avenue 2765 Vista Parkway 3532 Maggie Boulevard 2929 5W 3 AVENUE 2035 Vista Parkway' 207015TIRLING ROAD 11300 NW s River Drive 1725 Brannum lane City Stat e Zip Phone Attributes Sunrise FL 33313 9545815805 Sunrise FL 33326 9544232627 LSmall 2. Woman Palm City FL 34991 4073949415 Stuart FL 34994 8007855165 Coral Gables FL 33134 7864415120 33309- Fort Lauderdale FL 2132 9547761616 West Palm Beach FL 33411 5618450665 33441- Deerfield Beach FL 4749 9549790802 Topeka K5 66617 7859920367 1. Small Casselberry FL 32707 4074010031 Business Miami FL 33143 3055410000 Hialeah FL 33015 7865776666 LSmall Miami Springs FL 33166 7863373425 Business Orlando FL 32801 4078393955 Miami FL 33178 3055940735 West Palm Beach FL 33411 5616878539 Orlando FL 32811 4074230504 MIAMI FL 33129 3053425568 West Palm Beach FL 33411 5616872220 PEMBROKE PINE5 FL 33332 9546808005 Medley FL 33178 3058821950 Yellow Springs OH 45387 9377677241 65 MIAMI DAILY BUSINESS REVIEW PublIshed Daily except Salmday, Sunday and L€gal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI·DADE: Before the undersigned authority personally appeared JOHANA OLIVA, who on oath says that he or she is the LEGAL CLERK. Legal Notices of the Miami Daily Business Review f/k/e Miami Review, a daity (except SatlJrday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida: that the attached copy of advertisement. being a Legal Advertisement of Nolice In the mailer of CITY OF SOUTH MIAMI RFP PW2018-12 In the XXXX Court, was PUblished in said newspaper in the issues of 0610112018 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami·Dad e County, Florida and that the said newspaper has heretofore bee!) continuously published in said Miami·Dade County, Florida each day (except Saturday, Sunday and Legal Holtdays) and Ilas been entered as second class mail matter at the post office In Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publical!on of the attached copy of advertisement; and affiant further says that Ile Of she has neither paid ncr promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In 1he said newspaper. JOHANA OLIVA personally known to me •••• ~'(~.. BARBARA tHOMAS [.!'Ji.\i Commission # GG 121171 ~';)..6'$'7 ~xpires November 2, 2021 "·~r.fff.r..~ 1~llded Thru TrotFall1 fnwranee 800·385-1019 66 6/27/2018 Detail by Entity Name DeQartlnent of State f Division of CorR..Q.liltl.Qn§ I Search Records I Detail By Document Number { Detail by Entity Name Florida Profit Corporation MAGGOLC, INC. Filing Information Document Number FEIIEIN Number Date Filed State Status Last Event AMENDMENT Event Date Filed Event Effective Date Er.in.kipal Address 11020 SW 55 STREET MIAMI, FL 33165 Mailing Address 11020 SW 55 STREET MIAMI, FL 33165 P05000085356 20-3345775 06/14/2005 FL ACTIVE NAME CHANGE 10/13/2005 NONE Registered Agent Name & Address GONZALEZ, MARIO H 11020 SW 55 STREET MIAMI, FL 33165 OfficerlDirector Detail Name & Address Title D GONZALEZ, MARIO H 11020 SW 55 STREET MIAMI, FL 33165 Annual Rep-orts Report Year 2016 2017 2018 Filed Date 01/23/2016 02/11/2017 01/15/2018 67 http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype;;;;EntltyName&directionType=lnitial&searchNameOrder:::MAGGOLC... 1/2 6/27/2018 Document Images 01/15/2018 n ANNUAL REPORT 02/11/2017 n ANNUAL REPORT 01/23/2016 --ANNUAL REPORT 01/1012015 n ANNUAL REPORT 01/1212014 n ANNUAL REPORT 01/261'}Q13 --ANNUAL REPORT 01/06/2012 --ANNUAL REPORT 01/07/2011 --ANNUAL REPORT 01/07/2010 --ANNUAL REPORT 01/17/2009 --ANNUAL REPORT 02/26/2008 --ANNUAL REPORT 06/12/2007 --ANNUAL REPORT 03/2112006 ANNUAL REPORT 10/1312Q05 --Name Chang~ 06f141?Q05 --Domesflc Profit View image in PDF format View image in PDF format View image in PDF format View image in PDF fo~r:n~ ___ . View Image in PDF format View image in PDF formBt View image in PDF format View image in PDF format View image in PDF format _ .... J View image in PDF format 1 View image In PDF format View image in PDF format View image In PDF format View image in PDF format View image in PDF format Detail by Entity Name 68 httpj/search.5unbiz.orgllnquiry/CorporationSearch/Se a rchResu ItDetail?i nq u irytype=E nti tyN ame&di rection T ype= I nitial&search Na meOrder= MAGGOL C . 2/2 2018 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# P05000085356 Entity Name: MAGGOLC, INC. Current Principal Place of Business: 11020 SW 55 STREET MIAMI, FL 33165 Current Mailing Address: 11020 SW 55 STREET MIAMI, FL 33165 FEI Number: 20-3345775 Name and Address of Current Registered Agent: GONZALEZ, MARIO H 11020 SW 55 STREET MIAMI, FL 33165 US FILED Jan 15,2018 Secretary of State CC2797491711 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the state of Florida. SIGNATURE: -E=I-ec~t-ro-n~ic~S~,g-n-a~tu-r-e-~~R~e-g~is~te-r-e~d~A-g-en-t----------------------------------------------~D~a~te~-- Officer/Director Detail : Title Name Address D GONZALEZ, MARtO H 11020 SW 55 STREET City-State-Zip: MIAMI FL 33165 I hereby certify !hat fhe Information mdicated on tlJis rnport or supplemental roport Is true and 8(;Curate and that my electronic signatura shall have the same legal effect 8$ if made under oath; thaI I am an officer or director of Ihe corporation or/he receiver or trustee empowered to execute this report es required by Chap/er 807, Floride Statutes; and /hat my name appears above, or on aTl attachment wHh 81f other like empowered. SIGNATURE: MARIO GONZALEZ PRESIDENT 01/15/2018 Electronic Signature of Signing OfficerlDirector Detail Date 69 ~"."<:<X-~ !·'t<ll; """""tA!' ~~;ll ;""')';(;.'.'~,o,<;.'m ~(" A '''':tt", lP''''ct'~ WI1<J:f ,WI-&T "" t>:.n .l<HW~) ~ >,~~~ 'rC'~A'Wt«"""',c.wnfA;n~fm ;1:('('" '~Nf!"'l'.9<C'<'iV '1.(-f'U.' ~ 70 EXHIBIT .til CONSTIUJICTION CONTRACT DRAiNAGE AND ROADWAY IMPROVEMENTS SW 81"0 STIREIET AND SW 60'h AVENUIE RFP PW2018-12 i l ~. /1 1'/ .. ,;) (.II g /St"_"-.. THIS CONTRACT was made and entered into on this 7 day or August. 20'~by and between . HAGGOLC, INC. (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 ou~ 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 u sed by the Owner as well as any attachments or exhibits that are made. 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.1I 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 Lump Sum amount of. Sixty-live iIII ..... nd six hundred znd fifimen della .. and forty _ .. Doll .... ($65,6 i 5.40) (Spell DaUer Amount above) (d'Ccntll"act IPriceU ). 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. 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. 7. The Work shall be completed in 45 calend .... 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 52300.00 per 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. 8. It is further mutually agreed between the parties hereto that if a Payment andlor Performance Bond ("Bond") is required and if. at any time after the execution of this Contract and the Bond lor 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 lor the faithful performance 01 the Work is furnished in the manner and in the form satisfactory to the City. 9. 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. 10. 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 WiTNI:SS WHI:IRIEOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or mor;~ terparts, each of which shall, without proof or accounting for the other counterpart, be deemed an Q 'gin I]}, ct CONT I CTO . b'I_ (c.-L..) c..... Signatu e: -;rlM~I---7r--'---~- '" ~ ,4,,,.-. .. 'I Ci II< O' V 0;"'-' Title of Signatory: __ ,-...!1"Ec...::.c:$-t:;...J.-,'eA:c...;W=. =--,-' __ _ ATTESTED:" . Il.)1 ri , Signature: r\ I, 11c'\. ,\ Niken~·A. ~~itt. e, CMC City Crerk IJ Read and Approved as to Form, Language, Legality, and Execution Thereof: OWNER: <Cin @1P~~iAli'ili signature;.:::.----2 f/~ -~-~.-•... -.--\ .. /$.teveil Alexander / ,. t: ___ :;;;9JtY-Manager EXHIBIT !ll CONSTRlICTION CON'fMC'f GICNICMD.. CONDi'fiONS DIIU\.INAGIE ANI) ROADWAY iMPROVEMENTS SW 83 00 STRIEET AND SW 60" 4WEI;!UIE RFP II'W2018-12 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: Addeoda' 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 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. Bid: 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 Owner's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and .11 documents that make up the soncitation 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 loc'tions, and the timeframe for completing the work. QTI; 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 weil 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. Day: A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it shall be presumed to be a calendar day unless specifically designated as a business day. ~: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:0 I 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 Worle 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 lor 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-contanni", 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 01 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 CONSULTANTs 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 Conlr.l.ct to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (With copy to CONSULT ANT) 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. !'rQject: The entire construction operation being performed as delineated in the Contract Documents. ~ The term "policy" as used in the Contract Documents shall mean the ins~rance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. RfP: 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 Completion: 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 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. ~ 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 compUance 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 :I -I'RELBMI~U\lA!'l'll' MIA TIERS ~ 2.1 The CITY reserves the right to ... ject ""I' .... <11 ",n Bids, ",t its .o~ .. dis.retlon. 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 consid~ration 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 01 Bid Security/Performance and Payment Bond. if any are required by the applicable RFP: 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 (I 00%) 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 years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05( I). 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 w",th the United Stiltes 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 .11 such data with the requirements of the Contract Documents. Commencement of Contract Time: 2.5 The Contract TIme shail 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 I), prior to the date on which the Contract Time commences to run, except with the written consent of the CITY. Before Startiqg 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 oil applicable field measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or discrepanty 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 entitled 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 Completion: 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. Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Oualifications of Subcontractors, Material men and Suppliers: 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. 2.1 I 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. 212 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 .s 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. ARTDCllE ]...c;ORRELATBON. RNTIERPRETA1IU)N ANI!) BNTI!!III1' OF COIll1l"M.C"Ir 1D0CUMEllln 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 me.n "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 lunctions, shall be furnished and installed without change in the Contract Price. Such miscell.neous items and accessories shall be of the same quality standards, including material, style, finish, strength, closs, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential par<, 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 parform 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 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.S 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 U or "equ ivalentll , 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 have 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 01 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) Supplemencary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (I) 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 AnOellE 1-MADlAIIIU1I1r «::bll' lAfi'II[l)$ $1.II1!i$UdllI'!D'AtClE <i:!\l!IfI[l)O"[ij«::b!\ll$ lI'!lElFlElI'!lEU\lClE iI"@BIflJili 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-ol-way for the CONTRACTOR'S convenience shall be the responsibility 01 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 .ffecting 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. 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 .v.ilable to it prior to receipt of bids. Any failure by the CONTRACTOR to acquaint itself with the available information sh.ll 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 .n unusual nature, differing materially from those ordinarily encountered and generaily inherent in Work of the character provided for in this ContraCt. The CITY shall prompdy investigate the conditions, and if it finds that such conditions do m.terially 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. ARTUCLE 5 -INSURANCE Contractor shall comply with the insurance reqUirements set forth in the Supplementary Conditions to the Contract. . ART~CLE 6 -CONTRACTOR'S RESPONSiBiUTiES 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 il given to the CONTRACTOR. The Supervisor(s) shall be present at each site.t 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 .t 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 .t all reasonable times. A set of "As-Built" drawings. as well as the original Specifications. Drawings. Addenda. Modifications ""d Shop Drawings with annotations. shall be made available to the City at all times and it shall be delivered to the CITY upon completion 01 the Project. Labor. Materials and Eq~ipment: 6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to layout the Work anc! perform construction as required by the Contract Documents. It shall .t all times maintain good discipline and order at the site. 6.3 The CONTRACTOR shall furnish.1I materials. equipment, labor. transportation. construction equipment and machinery. tools, appliances. luel. power. light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution. testing. initial operation and completion 01 the Work. 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 origin.1 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 lor 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 lor them to determine their acceptability and obtain their approval, within ninety (90) calendar days alter award 01 Contract unless otherwise stipulated in the Special Conditions. No request for payment lor "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 relerence 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 produces of equal capacities, quality and lunction shall be considered. The CONTRACTOR may recommend the substitution of a material, artide, 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 il. in the opinion 01 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 lor 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 u 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 tide 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 andlor 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 01 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 andlor services from other SOurces and deducting the cost from the Contract Price without violating the intent of the Contract. Concerning Subcontractors' 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 01 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 payor to see to payment of any subcontractor or other person or organization. except as may otherwise be required by law. CITY or CONSULTANT may fumish 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 amorig 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. 6.1 I 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 rel.tive 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 fulfilment 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, rel'tgion, 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 .ssume .11 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 .11 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 01 patent andlor royalty rights as to any 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 sh.1I secure and pay for .11 construction permits and licenses and shall pay for all governmental charges and inspection lees necessary for the prosecution 01 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 Speci.1 Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also pay all public utility charges. Electrical Power and Lir,bting; 6.16 Electrical power reqUired during construction shall be provided by each prime CONTRACTOR as required by it. This service shall be installed by • 'qualified electrical Contractor approved by the CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at .11 times where necessary for good and proper workmanship, lor inspection or lor 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 regul.tions 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 mak~ 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 fulfilment 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 whith the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. Safety .nd 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 CONSULT ANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that addition.1 Work done by him in an emergency which arose from causes beyond his control entitles 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 .nd Samples: 6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT lor 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 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, .11 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. 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 .ny Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined andlor 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 • 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 li.ble 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 ftn.1 payment for the Project by the OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated materi.1 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 are.s, 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 deaning 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 m.terials 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 .Iong 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 pardcular, the City 01 South Mi.mi 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 olffice 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 in ~GiUi!!U1r 1 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that .ny action or proceeding is brought against OWNER or CONSULTANT by reason of any such cI.im 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 .11 claims of liability and .11 suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege tilat 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 prep.ration 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 res_ponsible 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 reqLJirements. 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 01 curbs and gutters. pavement, storm 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 lor making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as uthird parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone. and telegraph lacilities such as pavements. tracks. piping, wires. cables. conduits, poles. guys. 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 lor 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 01 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 lees made by such third parties lor 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 01 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 01 the materi.1 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 lacilities 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 01 the Project shall be restored at the expense 01 the CONTRACTOR to a condition equal to that existing at the time of award of Contract. AATICllE 7 -WORD!. l!II'If oTHIER$. 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. exc.vating or otherwise altering their 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 enodes him to an extension of the Contract Time, he may make a claim therefore as provided in Articles II 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 .Iterations alter 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 flnishing 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.S 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 interlere 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 01 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. .,I\,!E"j"OClE $ -COD"!> fl.1E$I'ONSII!IIOlITUIE$. 8.1 The CIT'If will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases oftermioation of employment of the CONSULTANT, the CITY will appoint. CONSULTANT whose status under the Contract Documents shall be that of the former CONSULTANT. 8.3 The CIT'If 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 sedorth 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. AATiCllE' -CIC!NlSI.III.. "j".,I\,Nnj' $T.,I\,1I'«.JJ$ !)I.IROIIIG CO&\OS1l"F<<<.JJCTOIC!N. 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 .s the CITY'S representative during construction are set forth in Articles I through 16 of these General Conditions and shall not be ext:ended 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; 9.2 The CONSULTANT sh.1I provide.n inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work .nd 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 .11 applicable regulatory agencies that construction is in compli.nce With the Construction Documents .nd .pplicable laws, rules and regulations. On the b.sis of these on site- observations as an experienced and qualified design professional, he sh.1I keep the CITY informed of the progress of the Work and sh.1I 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 andlor interp"etation, it shall be required to submit. timely claim as provided in Articles II and 12. Measurement of Quantities: 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 slmll be made horizontally or vertically as required by the item measured. Rejectin~ Defective Work: 9.5 The CONSULTANT sh.1I have authority to disapprove or reject Work th.t is "Defective Work" as defined in Article I. It shall also have authority to require speci.1 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 andlor 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, II, 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. Ai'l'ii"ICllS I@ -CHA~<GE$ aN' THIS 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 complet~ 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 CONSUL TANrs 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 lour (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. 10.04 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes ;n the Work, to be performed as provided in paragraph 4.04. 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 01 the Work or change in the Contract Price or Contract TIme and tihe 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. ARl"OCllS ! I -CHANGE OF COINITu.c:T U>RiCI:. I 1.1 The Contract Price constitutes tihe total compensation payable to tihe CONTRACTOR lor 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. I 1.2 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. I Specifications (including drawings and designs); I 1.2.2 Method or manner of performance of the Work. I I .2.3 CITY-furnished facilities. equipment, materials. services. or site; or 11.2.4 Acceleration in the performance of the Work. I 1.3 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 lor in a written Change Order, or as otherwise provided in another section of the Contract Documents. I 1.4 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. II.S 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 I I.B. I 1.6 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. 11.7 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 II.B 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 classi~cations 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 whith 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 sh.1I be included in the above only ilautharized 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 Delective Work of the CONTRACTOR. 11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including coSts 01 transportation and storage. and manufacturers' field services required in connection therewith. The CONTRACTOR shall notify the CITY 01011 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 .11 retums from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR sh.1I make provisions so that they may be obtained. II.B.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". I 1.8.4 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 01 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. I 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown .s a separate item. I 1.8.7 The cost of utilities, fuel and sanitary facilities at the site. I 1.8.8 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. I 1.8.9 Cost of premiums lor 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: 11.9.1 Payroll costs and other compensation of CONTRACTOR'S ollicers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators. lawyers, agents. expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph I 1.5. 11.9.2 Expenses of CONTRACTOR'S principal and branch ollices other than its ollice at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (~ot to exceed 15%). I 1.1 I The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in II.S. When both additions and "edits are involved in .ny one change, the net shall be computed to include overhead and profit, identified separately, lor both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. P.IRT8CLE 02 -TOME IF©Ht C©M!'R..IETO©NI. U©I,IOI!l>A TEO) [lJAMAIGEi!i ,l!.i\!I[lJ CHiANGE ©Ii' THE C©NTMCT TOME. 12.1 Time is 01 the essence to this contract and the date 01 beginning and the time lor completion 01 the Work are essential conditions of the Contract. Therefore, the Work shall be commenced on the date speCified in the Notice to Proceed and completed within the time specified for completion 01 the work. 12.2 The CONTRACTOR shall proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into conside~tion the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time shall be granted due conditions that the Contr.lctor knew of or should have known 01 before bidding on the project or due to inclement weather, except .s provided in section 12.7. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR shall pay to the OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day alter the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by the OWNER for its inability to obtain full use of the Project. liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility 01 precisely ascertaining the amount of damages that will be sustained as a consequence 01 such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect 01 the failure 01 CONTRACTOR to complete the Contract on time. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within f,ve (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated and recommended by the CONSULTANT. with final approval by the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract. 12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such Drawings. Furthermore, there shall be no monetary compensation for such delay and the CONTRACTOR's sale remedy shall be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnonnal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall be limited to increased cost of materials that were unanticipated and that would not have been incLDrred but for the delay. Other than as set forth above, the only remedy for any delay shall be limited to .n extension of time as provided for in Section 12.4 which shall be the sale and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR shall not be entided to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequenti.l, impact or other costs, expenses or damages, including but not limited to. costs of acceleration or inefficiency. overhead or lost profits. arising'because of delay, disruption, interference or hindrance fflrom any cause whatsoever, whether such delay, disruption. interference or hindrance be reasonable or unreasonable, foreseeable or unloreseeable, or avoidable or unavoidable. 12.9 The CONTRACTOR waives all claims that are not presented to the City in writing on or before the 21st day following the date of the event upon which the cI.im is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, the CONTRACTOR and the city department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the .dvice of the City Attorney and the CONSULTANT shall rule on the disputed issue and send a written copy of its decision to the CONTRACTOR. CONTRACTOR shall comply with such decision and shall not delay the project. 4!,IIlJriCllE i 3 -IGiIJlAMNTlEE. 13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the CONTRACTOR directly, all materials and eqUipment furnished and Work perlormed for patent Defective Work for. period of one (I) ye.r from the date of Final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and if more than one is applicable, the one that is issued last, for patent Defective Work,. The same guarantee and unconditional warranty shall be extended for three (3) years from the date of final Acceptance as indicated in the CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by the City, whichever is applicable and il more than one is applicable, the one that is issued last, for latent Defective Work. The CITY will give notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should the CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligendy and in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at the CONTRACTOR's expense, and the CITY shall charge the CONTRACTOR the cost thereby incurred. The Perlormance Bond shall remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period 6f time listed in Section 13.1, shall take precedence over Section 13.1. 13.3 CONTRACTOR shall act as agent, on a limited basis for the OWNER, at the CITY's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 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. 13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within five (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 ~he good or to compensation of any kind. Rejection for Non-Conforming Work or f.ilure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 -fA'II'MIENin AND C!OMlflIETB!ON. 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 snail 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),che CONTRACTOR shall submit to the CONSULTANT a partial payment estim.te 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 progr-ess payment shall be, accompanied by partial releases of lien executed by all persons, firms .nd corporations who have furnished labor, services or materials incorporated into the work during the period 01 time for which the previous progress payment was made, releasing such claims and lien rights, If any, of those persons. II payment is requested on the basis 01 materials and equipment not incorporated in the Work but delivered and $uit2lbly 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 tide to the material and equipment as well as certificates 01 insu ....... ce 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 m.terials 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 01 payment and present the partial payment estimate to the OWNER., or return the parti.1 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 parti.1 payment estim.te. The OWNER, will within thirty (30) calendar days of presentation to it 0'1 any approved partial payment estimate, pay the CONTRACTOR. progress payment on the basis of the approved partial payment estimate. The OWNER shall retain ten (10%) percent of the ,,",aunt of each payment until Final Completion and Acceptance of .11 Work covered by the Contract Documents. Any interest earned on the retainage shall accrue to the benefit 01 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 Florid. 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 incorporrated 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 Tide 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 .nd 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 01 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 best his knowledge, information and belief; the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed to have represented that he made exhaustive or continuous on-site observations to check the quality or the quantity 01 the Work or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he had made any examination to ascertain how or for what purpose the CONTRACTOR has used the moneys paid or to be p.id to him on account 01 the Contract Price, or that title to any Work, materials, or equipment has passed to the OWNER free and clear of any liens. 14.5 The CONTRACTOR shall make the following certification on each request lor payment: "I hereby certify that the labor and materials listed on this request lor payment have been used in the construction of this Work and that all materials included in this request for payment and not yet incorporated into the construction are now on the site or stored at an approved location, and payment received from the last request for payment has been used to m.ke payments to all his Subcontractors and suppliers, except for the amounts listed below beside the names of the persons who performed work or supplied materials", In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the sanne amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check shall be made payable to the person in question and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be held by the OWNER until a judgment is entered in favor of the CONTRACTOR or the person, in which case the money shall be paid according with said judgment. Nothing contained herein shall indicate an intent to benefit any third! persons who are not signatories to the Contract. 14.6 The CONSULT ANT may refuse to approve the whole or .ny part of any payment ii, in its opinion, it is unable to make such representations to the OWNER as required this Section 14. It may .Iso refuse to approve any p.yment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent., may be necessary in its opinion to protect the OWNER from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been med or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 the CITY has correct Defective Work or completed the Work in .ccordance with Article 13. 14.6.6 01 unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 01 persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in .ccordance with the Cont,..ct Documents, 14.6.8 of liquidated damages payable by the CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance the OWNER, with the approval of the CONSULTANT, may use any completed or substantially completed portions 01 the Work provided such use does not interfere with the CONTRACTOR's completion 01 the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of the OWNER. 14.9 Upon completion and acceptance 01 the Work the CONSULTANT shall issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance lound to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the CONTRACTOR within thirty (30) calendar days 01 completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with the Owner. The Bank 01 America ePay.bles Solution is an automated card payment process that shilts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process 01 making payments to your orgonization going forward, the City will provide the CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 01 available funds until an invoice is approved for payment. After an invoice has received proper and complete approval. an electronic remittance advice will be sent via eMmail, or fax, which notifies the CONTRACTOR that the funds have been transferred in to the account linked to the card for the .mount . listed on the invoice andlor remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact the OWNER's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as • release to the OWNER and a waiver of _II claims and all liability to the CONTRACTOR other than claims previously flied and unresolved. The waiver shall include all things done or furnished in connection with the Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any paymen~ however. final or otherwiSe, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect the OWNER from loss if he determines. because of subsequently discovered evidence or the results of subsequent inspection or tests, that: 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed. or in the case of Final Completion certification. is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose 01 certifying the work as being Substantially Completed or Finally Completed cannot be verified. 14.12.3 claims or liens have been filed or received, or there is reasonable evidenc:e indicating the probable filing or receipt thereof that. W valid and p.id. would reduce the amount owing to the CONTRACTOR BY 20% in the c.se olSubstanti.1 Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the v.lue 01 which. if deducted from the contract price would reduce the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If the CONSULTANT de-certifies any portion 01 the Work that was certified ("Initial Certification") by the CONSULTANT, the CONTRACTOR shall repay to the City of South Miami any money paid as a result of said Initial Certification being issued which shall be paid only when the decertified work is re- certified. AATnCU, U £ -iiiPJiiiPIENSUQlI\!l QlF WQlIfIIH< AlMP TIi:IfIIIMIO!N!@,1rIQI<!. 15.1 The CITY may. at any time and without cause. suspend the Work or ""y portion thereof for a period of not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the CONSULTANT. which shall fix the date on which Work shall be resumed. The CONTRACTOR ,hall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. Cil;)! May Terminate 15.2 If the CONTRACTOR is adjudged bankrupt or insolvent. or if he makes a general assignment for the benefit of its creditors. or if a trustee or receiver is appointed for the CONTRACTOR or for any its property. or if he files a petition to take advantage of any debtor', act, or to reorganize under bankruptcy or similar laws. or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipmen~ or if he repeatedly fails to make prompt payments to Subcontractors or for labor. materials or equipment or he disregards laws. ordinances. rules. regulations or orders of any public body having jurisdiction. or if he disregards the authority of the CONSULTANT. or if he otherwise violates any provision of. the Contract Documents. then the CITY may. without prejudice to any other right or remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice. terminate the services of the CONTRACTOR and take possession of the Project and of all materials. equipmen~ tools. construction equipment and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not be entided 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 IS.S 15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination sh.1I not .ffect any rights of the OWNER .gainst the CONTRACTOR then existing or which may thereafter .ccrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not rele.se the CONTRACTOR from liabHity. 15.4 Upon seven (7) calendar days' written notice to the CONTRACTOR and the"CONSULTANT, the CITY may, without cause and without prejudice ~~ any other right or remedy, elect to terminate the Contract for the convenience of the OWNER. In such case, the CONTRACTO R shall be paid for .11 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. 15.4A 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. Remoyal of Equipment 15.S In the case of tennination 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 .11 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 Stclp Work or Tennin.te 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) calend.r 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 tenninating 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 Ind@!>e!ldent 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. written indemnification and hold harmless agreement to indemnify and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes an interpretation. de~certifjes 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. AD'l1"OCILE n Ii -MOSCElLLA!I!EOl!Jili. 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 rem.in 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 (21) calendar days of the first observance of such injury or damage. AB'lTICllE 17· WAIVER IOIF BURY 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. ARTICllE III • ATTIORNIEVS FEES HURISIllICTBON I VENUE I GO'Jl'IERNlING !.AW. IS.I The Contract shall be construed in accordance with .nd governed by the law of the State of Florida. IB.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 bre.ch thereof, sh.II be decided in a court of competent jurisdiction within the State of Florida. AB'lTBCllE 09· li'iWOIECT RECORDS. 19.1 The CITY shall have right to inspect and copy during regul.r business hours at OWNER'S expense, the books and records .nd .ccounts 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 01 the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR sh.II retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project .nd 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.1 19.070 I) while providing services on behalf of the OWNER and the CONTRACTOR, under such conditions, sh.II 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 required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with. copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise 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 for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion 01 the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers .11 public records to the public agency upon completion of the contract the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract the contractor shall meet all applicable reqUirements for retaining public records. All records Stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 011" THE CONTIlUi.CTOR HAS QUESTiONS RI!:IGAR[»HNIG THE APPLICATiON OIF CHAI1"TI!:R 0 H 9, IFILORDDA STATUTES, TO J'1HI1t: CONTRACTOR'S IOlUTY TO PROVDIOlI!: Il"UI!U .. IC RECORD$ REUIIoTHN«O TO TIHIIS CONTRACT, CONTACT TIHIE CUSTOI:»IAN Of pursuc IIllECOIllIOl$ AT ](I)5-66]·634@, IE-mail: mmell'lell'ldez@sIO>Wlthmoamofll.gll>w, 6 i ]@ $l1l1'1set Illrowel, $Il>WlfI:!hJ lMIoilmn, IFIL 3131 04]. 19.3 If CONTRACTOR 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. ADmcu, 2@-:>E'lfEIM.I!IDLH1Ilf. 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. AlP!neLIE 21 -Dl<!lOJEflENlIPENT CCI>NTIM.CTCI>IP!. 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. AlP!nCLIE 22 -A:>SDiGNMIENT. 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 satisi'action and the assignee executes all of the Contract Documents that were required to be executed by the CONTRACTOR DijIg WnijlgE55 WD-llIEIRlIECI>IF, the parties hereto have executed the General Conditions t<l acknowledge their inclusion as part of the Contract Documents on this.. ~))~ day of -.t:l:-lG.; If.'\' ' • 20 \ If ' Signature: -.L-'\,..!<.!::""ftl,-....,..--- Read and Approved as to Form, language, Legality, and Execution Thereof: .1i"'f:7I Q? de ~ :L"J"c. I /-""'" Signature: J.-~,j.,.1'=f4---II------ Title of Signatory: _-/.'-...Cc...:~=...c;;"","'--='---_ ./',..-;;.",,,," OWNER: emr o~.S6il~Di MDAMD <~ Signature: IEXlHIlBHir ~ ~IUJ IJllIP~el11l1l eU1l1l::at1r')f C<O>U1l1l:il U1l:U<O>1I'i 51 IDlMllNIAGIE Aff\lD ROADWAY OMIPRO .... IEMENTS SW 8]00 !inrG'lIEIET AND i5W @@<h AVIOi'lUIE I'l.FP fW201S-ll 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 il none, then CITY's designated representative as identified in the Supplementary Conditions. The CONSULTANT's, ifany, and the City's Designated Representative's name, address, telephone number and facsimile number are as follows: . S1I'AffIITEC 90 I Ponce de Leon Blvd. Suite 900 Coral Gables, FL 33134 Ph: 305/445·2900 Fax: 3051445·3334 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 lor Construction: The successful CONTRACTOR will be furnished sets 01 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 1E~lHIgI!.\O'il I, Att2lchm .. ,,'s A. I!.\ I), C to tin" G'l~1P and if there is a conflict the attached Exhibit shall take precedence. E. Contractor shall comply with the insurance and indemnification reqUirements is set forth in the RFP and in the document set forth in the attached IE~DiHl!.\n1' 2 to doe G'lFIP and il there is • conflict the attached Exhibit shall take precedence. F. The Work shall be completed in 45 1C;:;niel11daur 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. UN WWillllEiliS WHEREOF, the parties hereto h~y,'!,,~xecuted the Sup~lementary Condi~l?ns to acknowledge their inclusion as part of the Contract on thikJ,'i" day of ?~\lni i~i , 20 JL, ATTESTED: i, -'\" ,t'? r: Ii·, ~, Signature: \~\! ! A.J!-. Niki~ga A. I'~}~e. CMC , \. CitylSilerk ~j Read and Approved as to Form, Language, Legality, and Execution Thereof: I J:~ I ,-/UN/ Cf. 'it 0 {...C Ld' C:..-• U/(f:6 Signature: +-I-,.,,¥LI--i!------::::---- 60,0 '2--q Ie ~/ END OF SECTION