Res No 149-18-15182RESOLUTION NO: 149-18-15182
A Resolution authorizing the City Manager to negotiate and enter into a contract with
Maggolc, Inc., for the Drainage & Roadway Improvement Project along SW 59th
Avenue between SW 74th Street and SW 80th Street
WHEREAS, the Mayor and City Commission wish to provide drainage and roadway
improvements along SW 59th Avenue between SW 74th Street and SW 80th Street; and
WHEREAS, Commission has specifically budgeted for this project in the current years
Capital Improvement Plan; and
WHEREAS, The City received complaints from residents regarding flooding in this area; and
WHEREAS, pursuant to a competitive selection process, Maggolc Inc., submitted a
proposal in the amount of $365,296.71 that was the lowest and most cost effective; and
WHEREAS, the City desires to provide a contingency of $18,000.00 over the proposal
amount for unknown factors that may arise during the work; and
WHEREAS, the total expenditure, including the contingency amount, is not to exceed
$383,296.71; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to
negotiate and enter into a contract with Maggolc Inc., for the Drainage & Roadway
Improvements along SW 59th Avenue between SW 74th Street and SW 80th Street for a total
amount not to exceed $365,296.71.
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 the drainage and roadway improvements along
SW 59th Avenue between SW 74th Street and SW 80th Street for an amount not to exceed
$365,296.71. The City Manager is authorized to expend up to $18,000.00 for unforeseen
conditions that could not have been reasonably anticipated at the time of the bid opening. A
copy of the approved form of contract is attached and the City Manager may negotiate a lower
price and more advantageous terms and conditions if approved by the City Attorney. The
expenditure shall be charged $100,000 to the FDEP Water Quality Grant (TMDL) account
number 106-3902-541-6490, which has a balance of $100,000 before this request was made,
and $100,000 to the Stormwater Drain Trust Fund account number 111-1730-541-6490, which
has a balance of $156,050 before this request was made and $14,525 to the Local Option Gas
Tax Trust Fund account number 112-1730-541-6210, which has a balance of $14,525 before this
request was made, and $100,000 to the People's Transportation Tax Fund account number 124-
Page 1 of 2
Res. No. 149-18-15182
1730-541-6490, which has a balance of $552,910 before this request was made, and $68,771.71
to the Capital Improvement Program Fund account number 301-1790-519-6450 which has a
balance of $953,422.32 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
Section 3. Effective Date: This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 21st day of August, 2018.
ATTEST: APPROVED:
CITY CL K
COMMISSION VOTE: 5-0
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 21,2018
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Item Type: Resolution
Agenda Section: CONSENT AGENDA
Subject:
Agenda ~em No:6.
A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc, Inc., for the
Drainage & Roadway Improvement Project along SW 59th Avenue between SW 74th Street to SW 80th Street.
3/5 (City Manager-Public Works)
Suggested Action:
Attachments:
Maggolc Inc -Memo for Drainage Imp SW 59 Ave from SW 74 St to SW SO ST PWD S-9-201S.docx
Magoglc Inc -Reso for Drainage Imp along SW 59 Ave btwn74-S0 St.doc
Bid Opening Report RFP PW201S-15 7.27.1S.pdf
Maggolc-RFP PW201S-15 Bid Documents.pdf
Proposal Summary RFP PW201S-15 7.27.18.pdf
Demand Star RFP PW201S-15 7.27.1S.pdf
DBR Ad.pdf
Sun Biz .pdf
CONTRACTfrom FINAL RFP Drainage Improvement SW 59 Ave Between SW 74st and SW SO st. 7.2.1SCArev.pdf
1
THE CITY OF PLEASANT I.IVING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
AMOUNT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
August 21, 2018 Agenda Item No.: __
A Resolution authorizing the City Manager to negotiate and enter into a contract with
Maggolc, Inc., for the Drainage & Roadway Improvement Project along SW 59th Avenue
between SW 74th Street to SW 80th Street.
This project will address drainage issues along SW 59th Avenue between SW 74th Street
and SW 80th Street. The scope includes the implementation of exfiltration systems with
catch basins. Roadway resurfacing will also be included as part of the scope, due to the
required repairs from the drainage system installation. This includes, but is not limited
to, the furnishing of all labor, material, tools, equipment, machinery, maintenance of
traffic, drainage, milling, clearing & grubbing, asphalt, and striping and services
necessary for the completion of the construction of the project.
The City received thirteen proposals in response to a solicitation. Pursuant to review, it
was determined that Maggolc, Inc., is the most responsive and responsible bidder for
this proposal. Below are the top three proposals received:
Contractor Bid Price
Maggolc, Inc $365,296.71
JVA Engineering Contractor, Inc $366,225.70
Quality Paving Corp $392,050.50
A contingency amount of $18,000 will be included over the proposal amount of
$365,296.71 to address for unknown factors that may arise during the work.
Amount not to exceed $383,296.71.
FUND & ACCOUNT: The expenditure shall be charged $100,000 to the FDEP Water Quality Grant (TMDL)
account number 106-3902-541-6490, which has a balance of $100,000 before this
request was made, and $100,000 to the Stormwater Drain Trust Fund account number
111-1730-541-6490, which has a balance of $156,050 before this request was made
and $14,525 to the Local Option Gas Tax Trust Fund account number 112-1730-541-
6210, which has a balance of $14,525 before this request was made, and $100,000 to
the People's Transportation Tax Fund account number 124-1730-541-6490, which has
a balance of $552,910 before this request was made, and $68J71.71 to the Capital
Improvement Program Fund account number 301-1790-519-6450 which has a balance
of $953A22.32 before this request was made.
ATTACHMENTS: Resolution
Bid Opening
Pre-bid
Maggolc, Inc., Proposal
Proposal Summary
Demand Star Results
DBRAd
Sun Biz Registration
2
BID OPENING REPORT
Bids wcrc'opcned on: Friday, July 27, 2018 . . . . after: .10:00am
For: RlJ'}) #PW2018-15 Drainagc IuwrOvclllcntsolrSW59th Avcnucbetwecn SW 74 th Stl'eet&
. SW 80 th Strcct
COMPANIES THAT SIJBMITTED I)ROPOSALS: _ •....•••.............. _ .........•• -....... __ ......................••...•.. _ ••....•..... _ ... _---_. __ ._-
2. AP ENGINEERING INC ........................................ ; .......... .
3. C&W PIPELINE, INC .................................................... , ... ..
4. HAHN CONST'RUCTION ENGINEERING CONTRACTORS, INC
5. HARTEC GROUP, INC ................................................... ..
6. .TVA ENGINEElUNG CONTRACTOR, INC .......................... ..
7. MAGGOLC, INC ........................................................... ..
8. MAR.c:DAN, INC.· ........................................................... ..
9. METRO EXPRESS ]NC .................................................... .
10. PERSANT CONSTRUCTION CO. IN .................................... .
11. QUALITY PAVING CORP .............. , ................................. ..
12. R & G ENGINEERING, INC ............................................... .
13. SAINe CORP ................................................................. .
Tim AUOVE UIDS HAVE NOT CHECKED.
AMOUNT:
$ 5J~ 41'17.1r·-1
$ 7;1$t,tIO,: I
$ SLf'3,6}7.
. .... ' .. L(/ $S'i~1~22"
$ ~qblontr.70
$ J 6b, 2L?~(;
$ 3'5 I ZCJ6? (
$ L(ZI/t;t;,G5
$ bI1/Zlt.1~
$ '131)OGV."tt7
$ ']~ 2/0)u. SO
$ Lity I '2~. 170
$06Z/72~.CJO
TIm mos ARE SlJBJECT TO CORRECTION AFTER TIm BIDS HAVE BEEN COMPLETELY REVIEWIW.
City Clcrk:~.~ J".nr..~ ... ~~ fhIJ.:tJ:t.. \~{~ ~~
witness:_~JL.W'~V1 __ _ f>~int Name
Witness: ... -.---.~-........ -......................................... ---
Signature
5
HIE CITY or Pl.fASM<1 IJVING
CITY OF SOUTH MIAMI
DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP #PW20 18·1 5
SUBMITTAL DUE OATE:July 27,2018 at 1'0 AM
Solicitati(Jn 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 requesting sealed proposals in response to this RFP #PW20 18·1 5 "DRAINAGE
IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET & SW 80 STREET." 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"). This project is funded in whole or part through a Water Quality Restoration Grant with the State
of Florida and is Florida Department of Environmental Protection (FDEP). Refer to the Scope of Services,
Attachment D"Grant Agreement."
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 web page:
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
of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire
Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope
Information clearly printed or written on the exterior of the envelope or container in whiCh the sealed proposal is
delivered: "DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET &SW
80 STREET," RFP #PW20 18·1 5 and the name of the Respondent (person or entity responding to the
Solicitation. Special envelopes such as those provided by UPS or Federal Express will not be opened unless they
contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received
by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 A.M. local time (the "Closing
Date") on July 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 Drive, 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 s.tamp. 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 CierI<.
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 July 13, 2018 at 10:00 A.M. The conference shall
be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter
as well as to those provisions, terms, conditions. affidavits and documents contained in this Solicitation Package.
The City reserves the right to award the Project to the person with the lowest, most responsive, responsible
Proposal. as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject
6
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.
Nkenga A. Payne. CMC .
City Clerk
City of South Miami
7
SCOPE OF SERVICES and SCHEDULE OF VALUES
DRAINAGE IMPROVEMENTS ON SW 59 TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP #PW20 18·15
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I
END OF SECTION
8
SCHEDULE OF EVENTS
DRAINAGE IMPROVEMENTS ON SW 59 TH AVENUE BETWEEN SW 74 STREET & SW 80
, STREET
RFP #PW20 18-15
No Event Date* Time*
(EST)
I Advertisement! Distribution of Solicitation & Cone of Silence
be~ins 7/2/2018 10;00 AM
2
Non-Mandatorv Pre·RFP Meeting 7/13/2018 10:00 AM
3
Deadline to Submit Questions 7117/2018 (0:00AM
4
Deadline to City Responses to Questions 7120/2018 10:00 AM
5
Deadline to Submit RFP·Response 1/2112018 10:00 AM
6 Projected Announcement of selected ContractorlCone of
Silence ends 8/7/2018 7:00 PM
END OF SECTION
9
INSTRUCTIONS for RESPONDENT
DRAINAGE IMPROVEMENTS ON SW 59 TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP #PW20 18·1 S
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICIT ATION 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 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 of the City;
2. Qualification of Proposing Firm. Response sUQmittals 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 inspecnhe 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 SoliCitation. 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 primary 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 remainhig documents in descending order of precedence. This order of precedence
shall apply, unless dearly contrary to the specific terms of the Contract Of General Conditions to the Contratt:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract, if any
f) Attachment/Exhibits 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 response;
b) The error was not the result of gross negligence or willful inattention on the part of the firm;
c) The error was disccivered 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 documentation 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.
1. 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 and 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, July 17, 2018 to the attention of Steven P. Kulick, Chief Procurement Officer, at
~..kuli~fuQItt!:H:ni;;!!J)j.n,gQY. or via facsimile at (30S) 669·2636.
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
10
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. It is the responsibility of the Respondent to keep
apprised of the publishing of addenda on 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. S.ection 8A-7. has been duplicated at the end oftheseinstructions.
12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for
the award of the contract or the contrac(awarded to said Respondent or proposer voidable, and. in such event.
--said Respondent or-pt":q~%er shall nofbe.considered for any Solicitation including but not limited to one that
requests any of the following a proposal. qualifications. a letter of interest or a bid concerning any contract for
the provision of goods or 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 (induding offiCers and managers of a legal entity). firms. or legal entities
such asa 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 additional or clilrifying 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 affidavitis 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-S of the City's Code of Ordinahces 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 sole 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 negotiations. 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.
~ 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 or work in question and the Respondent. by making a Proposal.
agrees to such modifications and to be bound by such modified documents.
h) to cancel. in whole or part. any invitation for Proposals when it is in the best interest of the City.
i) to award the Project to the person with the lowest, most responsive. responsible Proposal. as
determined by the City.
11
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 P"oposing 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 solidt 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 toa public entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or-repair-ota -public building or public workt-may--no1:;-sttbmit 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.or7 for CATEGORY TWO for a
period of36 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 therequested information or the phrase "not applicable" or UNA", 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
Solicitation 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 de.liver 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 Fm'm 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 Letterof 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 offer 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 sole 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 res.erves the right to make the final determination at the lowest net cost to the
City.
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 are responsible for checking their calculations. Failure to do so
shall beat 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 Resp9ndent 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
thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no
further expense to the City with thirty (30) days advanced notice.
12
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. Incomplete, 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-Dade 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 Awatd(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City's 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 Respondent, by submitting a Proposal, thereby agrees to hold the
City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
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 Proposal, there has not been, nor
-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 shalf 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 Solicitatiol,1 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 andfor response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, aethe City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, the price.
responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment,
matel'ials, references, and past history of service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken into 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 determined 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 i.n reference to its decisions to reject, award, Or not award a contract,
as applicable, unless the claim is based solely on allegations of fraud andfor 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 litigation 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.
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.
-13
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 Respondent to furnish a
Performance Bond and Payment Bond, each in the amount of 1000/0 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,
. if 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 (I QO%) 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 requirementsofinsurance
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 on 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) calendar 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 Bond 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 yvithin the specified time sh;ill, at the City's option, forfeit the Proposal/Bid
Bond/Security that accompanied the Proposal, and the Proposal/Bid 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 ProposalfBidBond.
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 failUl'e to make the necessary 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 City 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.
32. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall include a
fully completed Construction Bid Form found on EXHIBIT 3 and Respondent'S Cost and Technical Proposal.
if any, which is a part of this Solicitation Package.
14
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, Dr familial ,status.
35. All respondents, at the time of bid opening. must have fulfilled all prior obligations and commitments to the City
in Drder 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 prihcipal,
partners, members or stockholders (collectively referred to as "Respondent Debtors") .. A bid, proposal or
quotation will not be accepted until all Dutstanding debts Df all Respondent Debtors owed tD the city are paid
in full. No bidder whD is in default of any prior contract with the City may have their bid considered until the
default is cured tD the satisfaction of the City Manager.
36. Bid Protest Procedure. See attached EXHIBIT 9
37. Evaluation Criteria: If this prDject is to be evaluated by an Evaluation Committee, the evaluation criteria is
attached as NIA.
38. Availability of Contract· Any Governmental or quasi-governmental entity. in this or in any other state, or any
federal governmental agency. may avall 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)/proposer(s).
39. Non-Appropriation of Funds. In the event that no funds or insl,lfficient 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. MDst Favored Public Entity. Respondent represents that the prices 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 uneler similar terms, conditions. wages, benefits, insurance cDverage and any othel' material cost
factors. If respondent's prices decline, or should respondent, at any time during the term ofa contract entered
into with City, provide the same goods or services with the same comparable quantities under similar terms,
conditiDns, wages. benefits, insurance coverage and any other material cost factors, Respondent shall
immediately extend the same prices to City.
41. CDnfidential and Proprietary Information. Respondents may assert that some trade secrets. financial records,
and proprietary or other confidential information 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 Respondentsubmitting 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 dDcument is not totally confidential but contains non-confidential and
confidential information, the Respondent shall provide a redacted copy of the document and an unredacted
CDPy. In additiDn. the Respondent shall prepare a list of all the documents claimed to be confidential or
~ontaining 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
pDrtion of the document is cDnfidential and below the. citation the Respondent shall copy and paste the applicable
statutory provisiDn (this listing requirement shall hereinafter be referred to as '~properly list" or "properly
listed" confidential document). The failure to propedy 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 disclDse 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 informatiDn or document and/Dr fails to timely seek a protective order, and/or is unsuccessful in obtaining
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
15
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 sole and exclusive cost, to defend the request for disclosure 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 p.erjury 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, under penalty of perjury, as to the truth of the statement pursuant to Florida Statutes, Section
92.525.
END OF SECTION
16
CONE OF SILENCE ORDINANCE, SECTION 8A-7
DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET & SW 60
STREET
RFP #PW20 I 6-1 5
Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add
a new section SA-? which is to read as follows:
Sec. SA-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 ("RFpn). 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 or
(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 Cone 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, if the 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.
(0) Exceptions to applicability. The provisions of this section shall not apply to:
(I) Communications at a duly noticed pre-bid conferences 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;
(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;
17
(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 documents. 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 anypersbn 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
Biddersandlor Bidder's Representatives to enable City staff to seek and obtain industry
comment or perform market research, provided all communications related thereto between
a Potential Bidders and/or Bidder's Representatives and any member of the City's professional
staff including, but 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 and/or 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
18
Proposal Submittal Checklist Form
DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP #PW2018·IS
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 solicita'tion. Additional documen~s 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 Check
to be Completed
IF MARKED WITH AN "X": Completed.
x F'ropelial Package shall censistof one (I) original unbound
proposal, three (3) additional copies and one (I) digital (or
____ comparable medium including Flash Drive, DVD or CD) copy
x Indemnification and Insurance Documents, EXHIBIT 2
x Construction Bid Form. EXHIBIT 3 ---
X Signed Contract Documents (All -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.) EXHIBIT 7 & 8
x ____ Respondents Qualification Statement
X ____ list of Proposed Subcontractors and Principal Suppliers
X Non-Collusion Affidavit.
X Public Entity Crimes and Conflicts of Interest.
X ____ Drug Free Workplace
X f ____ Acknowledgement of Con ormance with OSHA Standards
X ____ Affidavit Concerning Federal & State Vendor Listings
x ____ Related Party Transaction Verification Form
X ____ Presentation Team Declaration/Affidavit of Representation
Submit this checklist along with your proposal indicating the completion and submission of each reqUired forms
and/or documents.
END OF SECTION
19
RESPONDENT QUALIFICATION STATEMENT
DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP#PW2018·IS ;0( ftG GiO L C rt<J c.
The response to this questionnaire shall be utilized as pari: of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed.
a) In the past 5 years
In the past 5 years On Schedule
b) In the past I 0 years~
In the past 10 years On Schedule
II. List the last five (5) completed similar projects.
a) Project Name: sJf~~a:J<-/ ;t:.v..p, ~ w .:ro i.::rr A-v-.e...
Owner Name: 1); l (o-r e-c7 f= 1). /' £A.L C re J-
Owner Address: I iAfi> 4 ~ P /~C re d a t-UtPt/ 'Ei "'b.ec ~ J
Owner Telephone: :3 0 s--!-3-4--Z-( Z--1 F t. 3~ I S-~
Original Contract Co~npletion Time
(Days): 10 c:{~..s __________ ---,-_
Original Contract Completion Date:
Actual Final Contract Completion Date: ___ 9--LI __ I_r_LL_I_' -r ____ _
b)
Original Contract Price: ., :3 gO, '2 r '-S-
Aotu,' H,,' Cont"ctP,ke,. • . ..:f3 5 Cl i'T-(~
Project Name: ~ -~ rS-# ~tt:: S ;t)Y;'A~ e... ~"
Owner Name:, e-fT Of' ~
Owner Address: 810 / NuJ S-..3 -r:er-Y' ~ Ft
:)0.)'-S-'J:3 -t:P rz,s--;]'3!<'ifo Owner Telephone:
Original Contract Completi9n Time
(Days): f 90 ~Of J_-:-___ --:::-____ _
Original Contract Completion Date: . If-c..t '1 V J ~. c;z..o ( r
, >
Original Contract Price:
Actual Final Contract Price
c)
d)
e)
Owner Telephone:
Original Contract Completion Time 0 1"") ~
(Days): I V~..s
Original Contract Completion Date: Abrfn"C ;L~t ~/::;-
~ ,
A,,,,, F;,,' Cont"" Comp""o" D"" A,~~r-i l-t7i7,1 07-e (-r-
Original Contract Price: ~ _ 1-.3 9 I S fJ Z-
Actual Final Contract Price: . II s.5;, c.:r 4C>
Project Name: tft-J)-~$A~'1 F-I ~f'w--, -e..,.,. ~~
Owner Name: C!! r--I; d"+ p~
Owner Address: 8' 1 0 I tV w f ~-r:e V r . ~ ~ 'FtJ:J ( £ '
Owner Telephone: -:70 .,)--~ f r:7 -r; ± 2-5 ~
Original Contract Completion Time fi
(Days): l.-I",crqL-----.c::f:---,~+-=.s-;-------
Original Contract Completion Date: -z-/ "'Z-g / / :::;-
Actual Final Contract Completion Date: __ 2--'-fZ_;;z._~_+7---,(_:2--,--____ _
Original Contract Price:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
1/ <P 3 k;., cr cy .3
ActualFinal Contract Completion Date: r / f{ / (f .
. f=kS?;:.rr; .I Original Contract Price:
Actual Final Contract Price:
21
III. Current workload
IV.
V.
VI.
The following information shall be attached to the proposal. /'A ~ ,k IJ
a) RESPONDENT's home office organization chart. P't'" a c cy
b) 'RESPONDENT's proposed project organizational chart. 11--ffa. c W~j /1 kJ
c) Resumes of proposed key project personnel. including on-site Superintendent. ptt7'Ct C
List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, j<.JO N e-
b) Any arbitration or civil or criminal proceedings. or ;<;;;0 p e..
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) aga,inst the Respondent in the last five (5) years ' NO A.J e I) \
Government References: {..:§;--e.. e-j;-d [~~ c l.e. cP J
list 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:
--,---------,-----
22
.:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
23
ENGINEERING -LIe: E·251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786·291·2949 FAX: 786·472·8831
maggolc@yahoo.com
CONTRACTS PERFORMED BY MAGGOLC INC.
Mario Gonzalez as Project Manager
1-Drainage Improvement for NW 22 CT from NW 107 ST to NW 112 ST, ($318,000) (Miami-Dade County Public
Works Dept., Completed Dec. 2007). (Alberto Estevez 786-256 2627). (esteva@mjamidade.gov)
2-Various Park Parking Lot Re-striping & Wheel Stop Replace. ($24,500) (Miami-Dade Park and Recreation
Dept. Completed March 2008). (305-5964460)
3-Seal Coat and Re~striping of Station 13/ Logistics Parking Area. ($19,000) (Miami-Dade Fire Rescue Dept.
Completed July 2008). (786-331 4529)
4-Norman and Jean Reach Park/Foul ball Netting. ($25,000) (Miami-Dade Park and Recreation Dept.,
Completed June 2008). (305-5964460)
5-0lympic Park Concrete Sidewalk Construction. ($184,000) (Miami-Dade Park and Recreation Dept.,
Completed July 2008). (Dan Crawford 305-5964460) (dc93@miamidade.gov)
6-Dolphin Archaelogical Site Concrete Sidewalk Construction., ($114,084) (Miami-Dade Park and Recreation
Dept., Completed July 2008). (Dan Crawford 305-596 4460) (dc93@miamidade.gov)
7-Countywide Repair of Existing Asphalt Pavement. (Milling & Resurfacing) ($949,990) (Florida Department
of Transportation, Dist. Six, Executed the year 2008 and renewed for to year 2009 and 2010, Completed June
2011). (Janice Corn 305-256 6359) (Janice.com@dot.state.fl.us)
8-Countywide Intersections Improvement, Roadway and Drainage. ($443,637) (Miami-Dade County Public
Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305-299 9822) (jra@miamidade.gov)
9-West Perrine Park Concrete Slabs, Sidewalks and Poured in Place. ($34,000) (Miami-Dade Park and
Recreation Dept., Completed January 2009). (305-5964460)
to-West Little River Asphalt Driveways Phase IV-B. ($68,000) (Miami-Dade County Office of Community and
Economic D(;lvelopment, Completed January 2009). (Mario Berrios 786-4692112) (mberr@miamidade.gov)
11-Brentwood Pool Park New Asphalt Walkways. ($34,000) (City of Miami Gardens, Completed April 2009).
(305-6228000) (jallen@miCimigardens-fl.gov)
12-Country Club of Miami Parcel 1169 & 1168-E New Asphalt Walkways. ($178,000) (Miami-Dade Park and
Recreation Dept., Completed July 2009). (Dan Crawford 305-5964460) (dc93@miamidade.gov)
13-Country Club of Miami Grading, Sitework & Greens. ($107,000) (Miami-Dade Park and Recreation Dept.,
Completed August 2009). (305-5964460)
14-SR 907 (Alton Rd) at Allison Dr. for Drainageand Retention Improvements. ($134,000) (FDOT, Completed
December 2009) (Anthony Sabbag 305-2566380) (anthony.sabbag@dot.stateJl.us)
15-West Little River Asphalt Driveways Phase IV-D. ($35,000) (Miami-Dade County Office of Community and
Economic Development, Completed December 2009). (Mario Berrios 786-4692112) (mberr@miamidade.gov)
24
i6-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@miamigQv.com)
17-Blue Road Roundabouts Re-Bid ($145,000) (Public Works Dep. City of Coral Gables, Completed March
2010) (305-4605018) (epino@coralgables.com)
18-Harbor Drive Lighting and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key
Biscayne April 2010) (786-255 6765) (anunez@keybiscayne.fl.gov)
19-District 1-Sidewalk Repair Project II ($95,990) (Public Works Dep. City of Miami, Completed September
2010) (Fabiola Dubuisson 305-4161755 & 305-8011816) (fdubuisson@miamigov.com)
20-Golden Shore Park Pavers Sidewalk ($23,895.00) (Public Works Dep. City of Sunny Isles Beach, November
2010) (305-9470606) (gbatista@sibfl.net) .
21·AD Barnes Park Asphalt Walkways ($86,615.00) (Miami-Dade Park and Recreation Dept., Completed
December 2010) (305-7557985) (rttolon@miamidade.gov)
22-lnstallation of Sidewalks and Ramps along NE 12 Ave ($123,750.00) (PubliC Works Dep. City of North
Miami, Completed December 2010) (Gerardo Hernandez 305-893 6511) (ghernandez@northmiamifl.gov)
.23-lntersectlon Realignment SW 139 Terr & SW 140 Dr. and East Guava Street One Way Street Conversion
($36,775) (Public Works Dep., Village of Palmetto Bay, Completed December 2010) (305-969 5011)
( dcasals@palmettobay-fl.gov)
24-District #3 Citywide ADA Sidewalk Improvements, ($107,414) (Public Works Dep. City of Miami, Completed
February 2011) (Fabiola Dubuisson 305 416 1755 & 305-801 7816) (fdubuisson@miamigov.com)
25-District #1 Citywide ADA Sidewalk Improvements, ($155,523) (Public Works Dep. City of Miami, Completed
May 2011) (Fabiola Dubuisson 305416 1755 & 305-801 7816) (fdubuisson@miamigov.com)
26-MIA Building 3050 Parking Lot Drainage & Asphalt Improvement ($103,000) (Aviation Department Miami-
Dade County, Completed May 2011) (Greg Tai 305-8768444) (gtai@mikegconst.com)
27-MIA-NW 67 Ave & NW· 36 Street Intersection Improvements ($65,000), (concrete works) (Aviation
Department Miami Dade County, Complete July 2011) (John Peterson 305-622 8000) (jpet@mikegconst.com)
28-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)
29-Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 122 Ave. ($87,703) (Miami Dade Park &
Recreation Department, Completed October 2011) (Ruben Teurbe Tolan 786-5868360) (rttolon@miamidade.gov)
30-SW 19 Terrace Roadway and Drainage Improvements ($184,585) (City of Miami, Capital Improvements
Department, Completed October 2011) (Maurice Hardie 786-229 5463) (mhardie@miamigov.com)
31-SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of
Transportation, Completed December 2011) (Roland Rodriguez 305-345 0696)
(rtodriguez@pinnaclecei.com)
32-Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public
Works Dep., Completed December 2011) (Daniel Moretti 305-669 6916) (moretti@pinecrest-fl.gov)
33-long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmental Protection,
Completed February 2012) (Fred Hand 850-4886322) (Fred.Hand@dep.stateJl.us)
25
34-District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami, Completed
February 2012) (Fab/ola Dubuisson 305-4161755 & 305-801 7816) (fdubuisson@miamigov.com)
35-SW 64 Street Corridor Improvement, ($60,000) (Public Works Dep. City of South Miami, Completed
February 2012) (Keith A. Ng 305-403 2072) (kng@southmiamifl.gov)
36-Long Key State Park Campground Entrance Modificatioh ($49,450) (Florida Department of Environmental
Protection, Completed July 2012) (Fred Hand 850-488 6322) (Fred.Hand@dep.state.fl.us)
37~ FOOT LAP Roadway Improvements Project ($117,371) (Public Works Dep. City of Sweetwater, Completed
July 2012) (EriC Gomez 305-5535457) (egomez.egsc@aU.net)
38-SR 94/SW 88STI Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed
October 2012) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnacieceLcom)
39-Phase IV Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012)
(Danny Casals 305-969 5091) (dcasals@palmettobay-fl.gov)
40-Killian Park Road Stotmwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012)
(Daniel Moretti 305-669 6916) (moretti@pinecrest·fl.gov) -
41-Progress Rd. Roadway and Drainage Improvements ($105,522) (City of South Miami, Completed January
2013) (Jorge Vera 305-403 2072) (jvera@southmiamifl.gov)
42-ARRA Municipalities Group B: City of Miami Gardens Bus Shelters ($894,000) (Miami Dade Transit,
Completed March 2013) (Javier Salmon 786-4734710) (jsalmon@miamidade.gov)
43· 1-195/ Julia Tuttle from SR 51 Biscayne Blvd toSR 9071 Alton Rd -Bike Path I Trail ($121,520) (Florida
Department of Transportation, Completed March 2013) (Roland Rodriguez 305-345 0696)
(rrodriguez@pinnaclecei.com)·
44-NW 8th ST & NW 14 CT Roadway and Draihage Improvements ($425,895) (City of Miami; Completed May
2013) (Robert Fenton 786-263-2133) (rfenton@miamigov.com)
45-Friedland Manor Drainage Improvements ($406,567) (City of Florida City, Completed June 2013) (Sean
Compel 786-502-0770) (sean.compel@stantec.com)
46-SR 9 (NW 27 Ave), From NW 79 ST to NW 84 ST Roadway Improvements ($119,000) (Florida Department
of Transportation, Completed July 2013) (Roland Rodriguez ~05-345 0696) (rrodriguez@pinnacleceLcom)
47-Sidewalk Improvements along SR Ai AI Collins Ave @ SR 8261 NW 63 ST. ($205,521) (Florida Department
of Transportation, Completed October 2013) (Roland Rodriguez 305-345 0696) (rrodriguez@pinnacleceLcom)
48-DoralTrolley Route 3 Infrastructure Improvements. ($114,210) (City of Doral, Completed November 2013)
(Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com)
49-Doral Trolley Infrastructure Improvements Citywide. ($217,349) (City of Doral, Completed December 2013)
(Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com)
50-Wild Lime Park Parking Expansion and Concrete Walkway. ($201,442) (Miami Dade Park & Recreation
Department, Completed January 2014) (Leroy Garcia 786-210-5937) (garcial@miamidade.gov)
51-Biscayne Island Drainage Improvements ($735,559). (City of Miami, Completed March 2014) (Valentine
Onuigbo 786-447-9817) (vonuigbo@miamigov.com)
52-Beacom Project Area Improvements-Phase I ($767,132) (City of Miami, Completed March 2014) (Robert
Fenton 786-263-2133) (rfenton@miamigov.com)
26
53-Sunset Drive Downtown Median. (84,663) (City of South Miami, Completed October 2014) (Ricardo Ayala
305-403-2072) (rayala@southmiamifLgov)
54-NW 11 ST from 27 Ave to 37 Ave. Area Roadway Improvements. ($188,874) (City of Miami, Completed
October 2014) (Valentine Onuigbo 786-447-9817) (vonuigbo@miamigov.com)
55-Districtwide Minor Asphalt Repair. ($250,000) (FDOT, District 6, Completed December 2014) (John Garzia
305-640-7177) (john.garzia@dot.stateJl.us)
56-Multiple Parks -ADA Improvements ($336,741.68) (Miami Dade Park & Recreation Department, Completed
January 2015) (Leopolda Aybar 786-201-2422) (aybar@miamidade.gov)
57-NW 18 PL Road and Drainage Improvements ($473,087.20) (City of Miami, Completed March 2015) (Robert
Fenton 786-263-2133) (rfenton@miamigov.com) ...
58-Lummus Park Landing ($222,612:91) (City of Miami, Completed May 2015) (David Adato 305-416 1899/
786-3764391) (dadCjto@miamigov.com)
59-Beacom Project Area Improvements-Phase II ($818,978.96) (City of Miami, Completed July 2015) (Robert
Fenton 786-263-2133) (rfenton@tniamigov.com)
60-Drainage Improvements 13000 SW 60 Street ($112,080) (Village of Pinecrest, Completed October 2015)
(Mark Spanioli 305-669-6916) (mspanioli@pinecrest-fLgov)
61-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-fl.gov)
62-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)
63-Twin Lakes Drainage and Roadway Construction Area 1 & 2 ($345;975) (City of South Miami, Completed
April 2016) (Ricardo Ayala 305-403-2072) (rayala@southmiamifl.gov)
64-Drainage and Road Improvements Project Multiple Sites #20140177 ($755,761) (Public Works Miami-
Dade County, Completed May 2016) (Alfonso Duarte 305-40~-8224) (aduafte@miamidade.gov)
65-Metrorail Bike Path Improvements (M-Path) ($870,888) (Miami Dade Transit, Completed May 2016)
(George Maldonado 786-473-4369) (glm@miamidade.gov)
66-Sidewalk Improvements Multiple Sites ($214,549) (Miarni Dade County Transportation and Public Works
Department. Completed July 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov)
67-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)
68-BuswayPedestrian Access Improv. ·20150047 ($417,284) (Miami Dade County Transportation and Public
Works Department, Completed November 2016) (George Coppolecchia 305-297-0795) (copp@miamidade.gov)
69-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)
70-SW 74 Terr Roadway & Drainage Improvements Project ($139,882) (City of South Miami, Completed April
2017) (Aurelio Carmenates 305-403-2072) (acarmenates@southmiamifl.gov)
71-32' Traffic Circle Project ($221,527) (City of North Miami, Completed April 2017) (Chuks Okereke 305-893-
6511 Ext.15002) (cokereke@northmiamifl.gov)
72-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
27
.WAQLG •.
ENGINEERING CONTRACToR -LlC: E·251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786-472-8831
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 98 %) (Completion: July 2018) (305-416-1298-Keith Ng)
3-CRA-NW 1st ST-NW 2nd ST. Area Roadway Improvements (Owner: City of Florida City
$1,601,563.30) (Executed 39 %) (Completion: February 2019) (305) 247-8221 -Rick Stauts
Mario Gonzalez
Maggolc Inc. IPresident
28
RESUME:
MARIO GONZALEZ
'WiGGLG II~:
Engineering Contractor -Lie. E-251302
11020 SW 55 ST., Miami, FL 33165
Phone: 786-291-2949 Fax: 786·472·8831
mag90Ic@yahoo;com
Superintendentl Project Manager of Maggolc Inc.
Gonzalez is a Roadway Construction and Civil Engineer with over 24 years of progressive experience in the
fi(ilds of highway and railw1\Y design, construction, inaintenance, and operations.
EDUCATION:
Instituto Superior Politecnico (Higher Polytechnic Institute) "Julio Antonio Mella", Santiago de Cuba, Cuba.
Degree: INGENIERO VIAL (Roadway O)llstl'U\:tion Engineer), July 1988. This is equivalentto a Bachelor
of Science in Civil Engineerjng (BSCE) from a regionally accredited institution of higher education in the United
States.
Universidad Central de Venezuela, Caracas, Venezuela.
Degree: INGENIERO CIVIL (Civil Engineer), July 1997.
CERTIFICA1'IONS:
~ TROXLER Electronics Lab -Nuclear Gauge Safety Training, (2001 & 2004)
-FDOT MUTCD/Maintenance ofTr1\ffic, Advance Level (2016)
-ASPHALT PAVING TECHNICIAN -Levell (2004)
-EARTHWORK CONSTRUCTION INSPECTION -Levell (2005)
-ACI, Concrete Field Testing Technician-Grade 1. (2005)
-FDOT Concrete Field Inspector Specificatiolls. (2005)
LICENSES:
-General Engineering Contractor
-General Building Contractor
-Registered and Certificate State of Florida Undergraund Utilities Contractor.
-Registered General Contractor State of Florida
WORK EXPERIENCE:
MAGGOLC INC., Miami, Florida, USA. (June 2005 to Present).
Gonzalez is the owner and president of Maggolc Inc., this is an Engineering Contractor Company. Specialized in
Drainage Systems, Pavement and Concrete.
Work Executed:
-Subbasin F-l drainage Impl'ovements (City of Doral) 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) (Miami Dade Transit) 2016
-Drainage and Road Improvements Multiple Sites-20140177 (Mi1\ffii Dade County PW) 2016
-Twin l,akes Drainage Improvements (City of South Miami) 2016
-Drainage and Road Improv. Multiple Sites-20140165 (Miami Dade County PW) 2015
-Sub-Basin 10 Paving & Drainage Impl'ov. (Village of Palmetto Bay) 2015
-Drainage Improv. 13000 8W 60 8T (Village of Pinecrest) 2015
-Beacom Project Area Drainage and Road Improvements-Phase II (City of Miami) 2015
-NW 18 PL Dl'aiangeand 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 Iml)rov. (City of Miami) 2014
-Sunset Drive Downtown Median (City of South Miami) 2014
29
-Dorm Ave Drainage Improvements (City of South Miami) 2014
-Beacom Project Al'ea 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 Impl'ovements along SR AlAI Collins Ave @ SR 826 (FOOT) 2013
-SR 9 (NW 27 Ave) @ NW 79 ST Roadway Improvements (FOOT) 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 MUllicipallties Group B: City of Miami Gardens Bus Shelters (Miami Dade Transit) 2013
-Progress Rd Roadway & Drainage Improvements (City of South Miami) 2012
-Killian Park Rd Stormwater Impl'ovements (Village of Pinecrest) 2012
-Phase IV Drainage Improvements. (Village of Palmetto Bay) 2012
-SR 941 Kendall Dr at SW 142 Ave Roadway Improv. (FOOT) 2012
-FDOT LAP Roadway Improvements. (City of Sweetwater) 2012
-SW 64 Street Corridor Improv. (City of South Miami) 2012
-District #2 Citywide ADA Sidewalk Improvements. (City of Miami) 2012
-Long Key State Park -Resurface Campground Road (Florida Dep. of Environmental Protection) 2012.
-Suncrest Dr. & Moss Ranch Rd. Stormwater Improvements (Village of Pinecrest) 2011.
-SR 909 (Aiton Road) at West 52 Street Drainage Improvements (FDOT District 6) 2011
-SW 19 Terrace Roadway & Drainage Improvements (CIP, City of Miami) 2011.
-Tamiami Canal Miccosukee Linear Park (Miami-Dade County, Park & Recreation Dep.) 2011.
-District #4 Citywide ADA Sidewalk Improvements (City of Miami) 2011
-MIA NW 36 Street & 67 Ave Intersection Improvement (concrete) (Aviation Department M-D County)
2011
-MIA Building 3050 Parking Lot Improvements (A viation Department M-D COlmty) 20 II
-District #1 Citywide ADA Sidewalk Improvements (City of Miami) 2011
-District #3 Citywide ADA Sidewalk Improvements (City of Miami) 2011
-Intersection Realignment SW 139 Terr. & SW 140 Dr. and Esat Guava S1' One Way Street Conversion.
(Village ofpahnetto 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 OfSUl1nY Isles). 2010
-District I, Sidewalks Repair. (City of Miami). 20 I 0
-Crandon Park ADA Parking Space Striping and Signs. (M-D County Park & Recreation) 2010.
-District II, Sidewalks Repair, (City of Miami). 2010
-lIarbor Drive Lighting and Resurfacing Improv. (Village of Key Biscayne) 2010
-Blue Road Roundabouts and Drainage. (City of Coral GableS) 20 I 0
-Drainage Retention Improvements of State Rd. 907 (Alton Rd.) at Allison Drive. Milling and Asphalt
Resurfacing. (FDOT, District 6) 2009
-Country Club of Miami Park Concrete and Asphalt Walkway (Miami-Dade County, Park & Recreation
Dep.) 2009.
·-Brendwood Park Asphalt Walkway. (City of Miami Gardens) 2009.
-West Little River Improve Asphalt Driveways. (Miami-Dade County Office of Community and Economic
Development) 2008.
-West Perrine Park Concrete SlabS and Poured Safety Surface. (M-D C Park and Recreation) 2008
-Asphalt Pavement Repair. Florida Department of Transportation (District 6). 2008-2009, 2009-2010 and
2010-2011.
-Improve Intersections Countywide Project, include Milling and Asphalt Resurfacing. (Sidewalk, Handicap
Ramps, Curb & Gutters, Pavers, New Pavement, Drainage, Sodding (M-D County Public Work Dep.) 2008
-Seal Coat and Restriping of Station 13 and Logistics Parking Area. (MD County Fire Rescue Department)
2008
-Dolphin Archaeological Site Sidewalk Constrllction. (M-D County Park and Recreation) 2008.
-Olympic Park Sidewalks Construction. (M-D County Park and Recreation) 2007
-Norman & Jean Reach Park Foul Ball Netting. (M-D County Park and Recreation) 2007
-Drainage Improvement Project for ·NW 22 Court from NW 107 ST to NW 112 ST. (M-D County Public
Work Dep.). 2006, etc
Others Places where Gonzalez was working:
SRS ENGINEERING, INC.. Miami, Florida, USA. (August 2006 to July 2(07).
30
ConstlUction Field Inspector of Drainage and Roadway Restoration. (Public Work Department, Miami-Dade
County Projects).
-Allaphatta Phase 1.
-Hardwood Village Phase II.
BERMELLO, AJAMIL & PARTNERS, INC., Miami, Florida, USA. (May 2005 to July 2006).
Quality Control (QC)COllstlUction 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.)
-BiscaYl1e Blvd. (NW 96 ST to NW 104 ST)
-Golden Gatc Pkwy (Naples)
-Florida's Turnpike (Griffin Rd to Sunrise Blvd) .
. -A-l-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 Pavemel1t, Roadway Milling and Resurfacing; reconstruction ot Curb and Gutter and
Sidewalks; Site Restoration, including Grading of Swales, Sod Placement, etc.
Requirements:
-Ensure the quality of the construction work, as per the Public Works Department
Manual, FDOT Standards, and Project Contract Documents.
-Ensure the full restoration of the project, including site cleanliness, swale grading, and sod placement.
-Keep records of daily activities, daily production, site testing, and progress of the work
-Resolve complaints by residents resulting fi'om construction activities.
March 2001 to February 2004: Pl'oject Engineer
Project Ellgineer for the design, roadway restoration, and storni drainage systems· improvement, including
independent sites and community. (DERM/FEMA Program administered by the Division o'f Recovery and
Mitigation-DORM) in Miami~Dade County and City of Miami StOlm 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.LP, Public Work
Department of Miami-Dade County. Inspecting and supervising cOl1stluction of asphalt patching, milling and
resurfacing operations.
31
~ •.
ENGINEERING CONTRACTOR.., Lie: E-251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786·291.2949 FAX: 786·472·8831
maggolc@vahoo;com
OFFICE ORGANIZATIONAL CHART
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32
ENGINEERING CONTRACTOR -LlC: E·251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786·291·2949 FAX: 786·472·8831
maggolc@yahoo.com
PROJECT ORGANIZATION CHART
33
ENGINEERING CONTRACTOR -L.IC: E·251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786·472·8831
maggolc@yahoo.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, 305-989 4943
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 I Leroy Garcia Telephone # 3057555465
rttolon@miamidade.gov
3) Company Name: Office of Community & Economic Development M-D County
Address:701 NW 1st CT 14 Floor Miami, FL33136
Contact Person: Mario Berrios Telephone # 786 4692112
mberr@miamidade.gov
4) Company Name: Florida Department of Transportation I Pinnacle Consulting
Address:1773 NE 205 Street North Miami Beach, FL 33179
Contact Person: Roland Rodriguez Telephone # 305 640 7185
rrodriguez@pinnaclecei.com
5) Company Name: City of Miami Gardens
Address: 1050 NW 163 Dr Miami Gardens, FL 33169
Contact Person: Osdel Larrea Telephone # 305-622 8000 Ext. 3107
olarrea@miamigardens-fl.gov
6) Company Name: City of Miami
Address:444 SW 2 nd Ave, 8 Floor, Miami FL 33130
Contact Person: Fabiola Dubuisson Telephone # 3054161755
fdubuisson@miamigov.com
7) Company Name: City of North Miami
Address:1815 NE 150 ST, North Miami, FL 33181
Contact Person: Chuks Okereke Telephone # 305893 6511
cokereke@northmiamifl.gov
8) Company Name: Village of Key Biscayne
Address:88 West Mcintyre Street, Suite 2~0 Key Biscayne, FL 33149
Contact Person: Armando Nunez Telephone # 3053657574
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 9262784
epino@coralgables.com
34
10) Company Name: City of Miami ~Capitallmprovement 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 # 305-445 2900 Ext. 2230, 786-5020770
sean.compel@stantec.com
12)Company Name: Village of Pinecrest
Address: 10800 Red Road; Pinecrest, FL 33156
Contact Person: Mark Spanioli Telephone # 305-6696916
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 # 3052478221/305772 1157
richard.stauts@floridacityfl.gov
14 )Cornpal1Y Name: City of South Miami
Address: 6130 Sunset Drive South Miami 33143
Contact Person: Aurelio Carmenates, PE Telephone # 305-403 2063
acarmenates@southmiamifLgov
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@palmettobay~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
35
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP #PW20 18·15
Respondent shall list all proposed subcontractors. jf subcontractors are allowed by the terms of this Solicitation to
be used on this the Contract.
Landscape
Sodding and Turf Work
Irrigation
Paving
Utilities
Excavation
Other:
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
36
NON COLLUSION AFFIDAVIT
$T ATE OF FLORIDA )
)
COUNTY It' .. AMI-DADE )
_-!'-*'--+-·..=tI'-'-.V"_(,..c.{} __ 6 __ o_._t0 __ 2-_' ~ __ ..e. __ "t----__ being first duly sworn, deposes and states that:
(I) HerShe/They isfare the __ "",C2",--..::..u.)_,.v __ ~_.:.... ____________ _
(~Partner, Officer, Representative 01" Agent) of
,i..'~i(){ C-::r ~ the Respondent that has submitted the
(2) He/ShefThey is/are (ully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent ,nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest! including this affiant, have in any way colluded, conspired, connived or
agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham
Proposal in connection with the Work for which the attached Proposal has been submitted; or to
refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or
indirectly, sought by agreement or collusion. or communication. or conference with any Respondent,
firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other
Respondent, or to fix any overhead, profit. or cost elements of the Proposal Price or the Proposal
Price of any other Respondent, or to secure through any coilusion, conspiracy, connivance, '01' unlawful
agreement any advantage against (Recipient). or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and rt!i not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the par):: f the es~6ndent or any other
. of its agents. representatives, owners, employees or partieSZf int es. inc din this affiant.
Signed, sealed and de ivered in the presence of:
B:/
Witness
ACKNOWLEDGEMENT
i"'~Y 3\. Notary Public Stale of Florida
• • Roberto A. Casanova
':\ ,~ !. A My Commission GO 239678
"*!lFf\.d'" Expires 07118/2022
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the '2-9: day of '" U \.4,. J ,20 \ ~ . before me, the undersigned Notary Public of the State
of Flo . a, ersonally eared (N e(s) 0 individual(s) who appeared before notary)
, and whose name(s) is/are Subscribed to the within
e that he/she/they executed it. '~. -
WITNESS my hand and official seal. ~ RA--tu ,D\}~ I
Notary Pu Ii ,State of FlOrida
NOTARY PUBLIC:
37
Notary Public State of Florida
Roberto A. Casanova
My Commission GG 239676
Expires 0711612022
Personally known to me, or
Personal identification:
Type of Identification Produced
V· Did take an oath, or
Did Not take an oath.
38
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a pUblic entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public bUilding or public work, may not submit
bids or proposals on leases or real property to a pUblic entity. may not be awarded to perform Work as a
RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity,
and may not transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. Respondents must disclose With their Proposals, the name of any officer, director, partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287,133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIc OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I.
.::; #. \ ~ whose business address is <::::'I-VV-,
-C--:J,::::J,((i S-__
and (if applicable) its Federal. Employer Identification N mber (FEIN) is Ql.L?-Ji3411.:r ~~he
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 predecessor or successor of a person convicted of a public entity crime; or
(b) An entity undel' the control of any natul'al 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 facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
39
5. I understand that a "person" 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 to bid or proposal on contracts for the
prOVision of goods or services let by a public entity. or which otherwise transacts or applies to transact
business with a public entity. The term "person" inCludes those officers, directors, executives. partners,
shareholders, employees, members. and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
. / 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 of the State of Florida,
Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn st"tement 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 LY, AND THAT THIS FORM IS VALID
THROUGH DECEMBER 310F THE CALENDAR YEAR IN WHICH IT IS F, D. I ALS DERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING NTO CO T CT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA AT T S, F R C TEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and sub.scribed before me this _?-__ ~-'--_ day of , 20-lB..
Personally known ___ / ________ _
OR Produced identification _______ _ Notary Public -State of cr]OA '\~
(Type of Identification)
Form PUR 7068 (Rev.06111192)
My commission expires ll\ 8, ~ '2-C) L 2
(Printed. typed or stamped commi sione
name of notary public)
~a""'Y "l4t. Notary Public St~te of Florida ~.~.~ Roberto A. Casanova
~ ,~, i My Commission GG 239678
~0It\-d" Expires 0711812022
40
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received
by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid or
Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids or Proposals shall be
followed if none of the tied vendors have a drllg-free workplace program. In order to have a drug-free workplace
pl'ogram, a business shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and speCifying the
actions that shall be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the pusiness' 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 (1), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of guilty or
nolo 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 conviCtion.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is
so conviCted.
6) Make a good fai c tinue to maintain a drug-free workplace through implementation
of this sectio .'"
As the person authorized to 'gn t ) certify that this firm complies fully With the ;:lbove requirements.
Print Name: ......... p..q..-!:.._-'--,=-_...!lao.=.-'--_--= ___ ....l.<=:::.....=
Date: ___ ~~~~~~~-~~------------
41
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
W,./J.G!fJ!I.{ c." ::t:1t c: (N.m, of CONTRACTOR). ",,,by "k"owl,d" ,"d .... " thot"
CONTR CT or the DRAINAGE IMPROVEMENTS ONSW 59 TH AVENUE BETWEEN SW 74
STREET & SW 80 STREET project as specified have the sole responsibility for compliance with all the
requirements of the Federal Occupational Safety and Health Act of 1970. and all State and local safety and health
regulations. and agree to indemnify and hold harmless the City of South Miami and SRS Engineering, Inc.,
(Consultant. if any) against any and all liability. claims. damages, losses and expenses they may incur due to the failure
of (Su~(lctorh narr;.e/1 ...-/). ..-f-. t / \ ~~ Ulkt k1 tl&L· ~ 11b"=) /~L(/7,-e~
'. 7
to comply with such act or regulation.
CONTRACTOR L --L t/b-_--,,----f-1.L-I-~~~c.--=:J-.,.J c.. ,. .. '"
~ bel"""L.t -z-J..t ~ Witness
BY:
p,..-e-~/~.
Title
42
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity. who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services.
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "Listings" summarized below; Respondents must "Check
if Applies" next to the applicable "listing." The';listings" can be accessed through the following link to the Florida
Department of Management Services website:· .
b!J.p:f!www.dms.myf)orida.com/business_operations/state purchasing/vendor information/convicted su.2lL
ended discriminatol'Y complaints_vendor _lists .
, WtRAifWN UNDER PENALTY OF PERJURY
I,. . .n .. f/. . .... ' ~.e e.~i~referr d to as the "Declarant") stat.e, under%,en .. y ofPe. rjury. ,/ 0
that the fo 10 ing statements are true and correct: '-r:;;:.A 7.--'k. tt ctCJL~ ~ C.
(I) I represent the Respondent whose name is C>-,t-t fl.. LA: v A..J. c::t:..r.. CA..$ t:t
(2) I have the follOWing relationship with the Resp ndent ... _wn.!:!:J Res ondent is a
sole proprietor). President Qf Respondent is a corporation) Part er (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) I have revievyed 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 -'ists
(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 List
Suspended Vendor list
Discriminatory Vendor list
Federal Excluded Parties list
Vendor Complaint list
FURTHER DECLARANT SAYETH.NOT.
By: -~!---+--JC..~----
ACKNOWLEDGEMEN
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
WITNESS my hand and official seal.
NOT ~~~~PU ...... B~l~IC":~~""""""""''''''''''''''~J~JO,JULlli~0f-~M1rt~ vex
~~y I'~ Notary Public State af Flonda . 'tt6 Roberto A. Casanova ~ '-:"'f,.i My Commission GG 239678
"l) OJ ",d" Expires 07/18/2022
Name of Notary Public: Print,
Stamp or type as commissioned.) 43
RELATED PARTY TRANSACTION VERIFICATION FORM
I ff.tn-, 'd 6 "',.} ~ td~y "d on b,h,1f of ~{fJ:le/ c-::::rAJc.
("Firm") have Name of Representative (ompanylVendor/Entity read the City of Sou h Miami (" ity")'s Code of Ethics,
Section 8A-1 of the City'S Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section SA-I) with regard to the contract or
business that I. and/or the Firm, am (are) about to perform for, or to transact with. the
City, and
(2) neither I nor· any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s). as defined in section 8A-I. who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee ohhe City. [while the ethics code still applies. jf the person executing this
form is doing so on behalf of a firm whose stock is publicly traded. the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm. nor anyone who has a financial interest greater than 5% in the Firm. nor any member of
those persons' immediate family (i.e .• spouse. parents. children. brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest. direct or indirect. in any business being transacted
with the cit or. i any person or agency acting for the city. other than as follows:
_ (if necessa y. use a separate sheet to supply additional infol'mation that will not fit on this line; however. you
must make reference. on the above line. to the additional sheet and the additional sheet must be Signed under
oath). [while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]: and
(4) no elected and/or appointed official or employee of the City of South Miami. or any of their immediate family
members (Le .• spouse. parents. children. brothers and sisters) has a financial interest. directly or indirectly. in the
contract between you and/or your Fir and he City other than the follOWing individuals whose interest is set
forth follOWing their names: --_4"'"""-1-'---''-'"---------------
(if necessary, use a separate sheet to su ply additional information that will not fit on this line; however. you must
make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members. who
own. directly or indirectly. an interest of five percent (5%) or more of the total assets of capital stock.in the firm
are as follows: /
A,) ..c..h
(if necessary. use a ~epllrJte sheet to supply additional information that will not fit on this line; however. you must
make reference, on the above line. to the additional sheet and the additional sheet muSt be signed under oath).
[while the ethics code still applies. if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded. the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees. appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge. property or resource which may
come to us through our pOSition of trust. or through our performance of our duties under the terms of the
contract with the City. to secure a special privilege. benefit. or exemption for ourselves. or others. We agree that
we may not disclose or use information. not available to members of the general public. for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity. outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting r the City, and that we have not appeared in representation of any third party
before any board. cOl)1r.piss' n I' agency of the City Within the past two years other than as
follows: .(\./ (if
necessary. lise a separate sheet to supply additional information that will not fit on this line; however. you must
make reference. on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:\Purchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
44
(7) Neither I nor any employees, officers, or directors of the Finn, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commissio; (ii any city employee; or (iii) any member of any board or agency bf the City other than as follows:
_+~+-+--,-______________ -:-{if necessary, use a separate sheet to supply additional
informa on that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent .
investigation as to the relationship by blood or marriage of employees,officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No bther Firm, nor any officers or directbrs of that Other Firm or anyone who has a financial Interest greater
than ~% 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
interestgreaterthan 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents.
children, broth s and sisters) have also responded, other than the following;
__ ~'-/-~I--___________________ ,--______ (if
necessary, se a separate sheet t9 supply additional information that will not flt 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 flrm whose stock is
publicly traded. the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm. or the Firm hefshe represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9) I and the Firm agree that weare obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically. after the opening of any
responses to a solicitation. I and the Firm have an obligation to supplement this Verification Form With the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, rliay subject me or the Firm to immediate termination of any agreement with the City, and the
imposition ofthemaximum fine and/or any penalties allowed by law. Additionally, violations maybe considered by
and subjec 0 actio the Miami-Dade County Commission on Ethics. Under penalty of perjury. I declare that I
have ma e dilige t ort to investigate the matters to which I am attesting hereinabove and that the statements
made r nabov: e r-ue and correct to the best of my knowledge, information and belief.
Date: --'--1-------'-+-..+---"''-----
45
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 city personnel as defined belowi and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel. advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities. boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enfOl'cement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall· refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads. the city
attorney, and all assistants to the city clerk. city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation 1\ shall refer to any money, gift, favor, thing of value or financial benefit conferred,or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm.
partnership, or other business entity at the time of transacting business with the city.
(9) The tel'm "immediate family" shall refer to the spouse. parents. children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a Pl'oposal in response to a Solicitation. a statement of qualifications in
response to a request by the city, or entering into contl'act negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting busine$s 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 in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person 01: 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 trans.action only by four
affirmative votes of the city 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 bya person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions. and the city commission may in no case ratify a
tl'ansaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further 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 through a firm. corporation. partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest. direct or indirect. with the city
or any person or agency acting for the city. and any such contract. agreement or business engagement entered in
46
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b){l) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(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 defjned in paragraph (b)( I) who has any of the specified relationships or
who would or might. directly or indirectly. realize a profit by the action of the city commissipn shall not vote on or
participate in any way in the matter.
(f) Gifts.
(I) Definition. The term "gift" shall refer to the transfer of anything of economic value. whether in the form of
money. service~ loan. travel. entertainment. hospitality. item or promise. or in any other form. without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household. unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited und~r paragraph (3);
c. Awards for profeSSional or civic achievement;
d. Material such as books. reports. periodicals or pamphlets which are solely informational or of an advertising
, nature.
(3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in
paragraphs (b)(l) through (6), or for any person included in the terms defined in paragraphs (b)(l) through (6) to
accept or agre~ 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)(l) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local '
officers" with the City clerk simultaneously with the filing of the form With the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(l) 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 dtyor a city agency.
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) E.xploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)(l) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)( 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 or gained throllghan
official position with the city. nor shall that person ever use such information. directly or indirectly. for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( 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.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows: 47
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time. equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional oLitside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-II of the Code of Miami-Dade County and, in addition shall be subject to disniissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city,
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration I'eceived by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available ata reasonable time and place for inspection by the public, The city
manager may reqLlire monthly reports from individual employees or groups of employees for good cause.
(Ie) 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 paragraphs (b)(I), (5) and (6) shall appear before any city board or
agent;y and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person. who
has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2). (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associa~e, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate. ruling, decision,
opinion. rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include. but not be limited to, any direct or
indirect interest in any investrnent, equity, or debt.
(n) Acquiring financial int.erests,
No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a
project, business entity 01' property at a time when the person believes 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.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, profeSSional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials. officers or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in pal-agraphs (b)( I), (5) and (6) shall. for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)( I) through (6)] in connection with any judicial or other proceeding. application, Solicitation. RFQ. bid. r'equest
for ruling or other determination, contract, claim, controversy. charge. acclisation, arrest or other particular
subject matter in which the city 01" one of its agencies is a party or has any interest whatever. whether direct or
48
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
cea.sed.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
SO 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 orher service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and inwhich he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise. during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision,approval. disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated "indirectly" where heor 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 priorto lobbying anY city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this SUbsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request.
Whenever any pei"sOn included in the terrns 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 services to the city is in dOllbt 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-/680. § 2, 3-2-99)
Editor's note-Ol"d. No. 6-99-16BO. § I. adopted 3-2-99, repealed §§ 8A-1 and 8A-2 in their entirety and replaced
them with new §§
SA-I and BA-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions. respectively, and
derived from Ord. No. 634, §§ I (I A-I). I (I A-2) adopted Jan. II, 1969.
49
PRESENTATION TEAM
DEClARATION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on im
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed m~mbers ofthe 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 applicabl I bYistregis~tion fees. A
'/11 Y'70 (5r O~ 7A.A €-.~
Pursuant to '92.525(2), Florida Statutes, the undersigned,VI --'{ makes the following
d~claration 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 and specifically that the persons listed above are the members of the presentation team of
the tity Ii below.
,f;f a ~ c--::r:: t-Y c ·
Print na e of entity bemg represented
END OF SECTION
50
EXHIBIT#I
SCOPE OF SERVICES
Attachment A
DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP #PW2018·IS
I. Specific Requirements:
The Work to be performed involves pavement removal, excavation, installation of
drainage exfiltration system, pavement paving/restoration, curbing. pavement makings, and
stabilization of earth with sod.
II. General Requirements:
The work specified in this Request for Proposal (RFP) consists of furnishing all .goQds,
materials, supplies and services necessary to provide a completed project that meets all
of the 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 engineering and architectural plans, drawings, 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 81 I 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. However, in all cases; it is the responsibility of Respondents to secure
any and all permits and boundary survey(s) 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" f()rm; EXHIBIT I, Sc()pe of Services,
Attachment B, and EXHIBIT 3, «Construction Bid Form,"
Respondents shall provide detailed documentation defining the work performed. Such
documentation shall include, but not limited to, a detailed scope of work, manufacturer
catalog and/or cut sheets, general data sheets, drawings and sketches or specification and
warranty information.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday.
51
III. Site Location:
The project is located on the SW 59th Avenue between SW 80th Street and SW 74th Street
and SW 74 th Terrace Between SW 59 th Avenue 58th Avenue. in South Miami, Florida.
Refer to "Construction Plans/' Exhibit I, uScope of Services, Attachment C.
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, EXHIBIT
I, SCOPE OF SERVICES, ATTACHMENT 8.
RESPONDENTS ARE TO COMPLETE THE "SCHEUDLE OF VALUES" FORM.
WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF
VALUES" FORM, THE RESPONDENT SHALL CARRY THE CONTINGENCY
IN THEIR TOTAL BASE BID.
RESPONDENT SHALL PROVIDE PRICING FOR THE ADD ALTERNATES
LISTED ON THE "SCHEDULE OF VALUSES" FORM.
V. Plans and Specifications:
Refer to "Construction Plans and Drawings," Exhibit I, uScope of Services,
Attachment C.
VI. Project Duration:
The complete construction of the project is 90 calendar days from notice to proceed.
VII. Grant Funding:
This project. in whole or part, will be assisted through a "Water Quality Restoration
Grant" with the State of Florida and its Florida Department of Environmental
Protection, (FDEP). Respondents must comply with the FDEP requirements, refer to
Scope of Services, Exhibit 0, "Grant Agreement," including but not limited to
documentation. timelines and preparation of applications for payment.
VIII. Warranty:
At a minimum, Respondent/Contractor shall warranty the Work to be free of significant
defects in workmanship and materials for a period of one (I) year. If equipment is being
provided. the standard manufacturer's warranty information must be provided in writing
for all equipment being proposed and, if required by the warranty, such equipment shall
be installed by an authorized installer before final payment is made. If the manufacturer's
warranty is issued to the respondent/contractor. it shall be assigned to the City. 52
NOTE: A Performance and Payment Bond is required for the full amount of the
project
END OF SECTION
53
EXHIBIT#I
SCOPE OF SERVICES
Attachment B
DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
1-i
1-2
1-3
1-4
1-5
1-6
2-4
2-5
2-6
RFP #PW20 18·15
"SCHEDULE OF VALUES"
NOTE: FAILURE TO COMPLETE THE "SCHEDULE OF VALUES" IN ITS
ENTIRITEY WILL RENDER YOUR SUBMITTAL AS NON-RESPONSIVE
Mobilization 1 [S. LS s: cx;J'Cl.
MAINTENANCE OF TRAFFIC 1 LS. LS SOCJO.
EROSION CONTROL 1 LS. LS IOCJ.
CLEARING, GRUBBING AND s-.oOO. REMOVAL (INCLUCING DUST 1 L.S. LS
CONTRO I
REMOVE EXIST. CONe. SIDEWALK 310 SY /. 7} Ie). AND CURB
PROJECT SIGN 2 EA tb(J(J. / I fJCJtj •
fG ~ It),
5,381 SY
758 SY I::t-.
TYPE B STABILIZATION 12" (LRB) 758 SV ",
TYPE S-III ASPHALT CONCRETE St' FOR 1" NOMINAL RESURFACING, 5,381 SY g, -INCL. BITUMINOUS TACI< COAT
TYPES-III ASPHALT CONCRETE
8. f!2 FOR 1" NOMINAL RESURFACING, 1,452 SV INCl. BITUMINOUS TACK T
FOR TRENCH RESTO
c::.'J'V
2-7 MISe. ASPHALT FOR DRIVEWAY 70 SY 6-~rs-. AND INLET APRON
LlMEROCK BASE (6") (PRIME) I)'~ I f 0 S-tJ t
cJC')
2-8 (SINGLE COURSE) FOR DRIVEWAY 70 SY
AND INLET APRON 54
TYPE B STABILIZATION "12" (LRB
S, crd ~ 2-9 40) (SINGLE COURSE) FOR 70 SY -:3 S-O~
DRIVEWAY AND INLET APRON
2-10 CONe. SIDEWALK (4"-6" THICK) 380 SY ?-40 r
2-11 2' CONe. CURB AND GUTTER TYPE 220 LF "F" and "V"
2-12 CONe. CURB TYPE liD" 20 LF
3-1 DETECTABLE WARNING SURFACE 3 EA 4S-0. FOR CURB CUT RAMPS
3-2 REMOVE EXIST. PAVEMENT 200 SF ;7071 r MARKING
3-3 6" SOLID WHITE TP 370 LF =r40 0'
3-4 12" SOLID WHITE TP 130 LF ?;-q() r
3-5 18" SOLID WHITE TP 90 LF
3-6 24" SOLID WHITE TP 125 IF
3-7 6" SOLID YELLOW TP 910 IF 2·
3-8 6" YELLOW DOTTED GUIDE 40 LF z..
3-9 6" YELLOW SKIP .530 LF 2~
3-10 RELOCATE SINGLE POST SIGN 15 EA 40,
4-2 1 EA
4-3 11 EA CI't!J
4-4 3 EA
4-5 1 EA
4-6 15 L.F.
163 L.F.
695 L.F. CiO
55
Sub-Total
TOTAL:
Bond and Insurance
Survey
As Built
TOTAL PROJECT COST:
SUBMITTED THIS .;;<. r DAY OF
END OF SECTION
56
EXHIBIT#I
SCOPE OF SERVICES
Attachment C
DRAINAGE IMPROVEMENTS ON SW 59 TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP #PW20 18* IS
"CONSTRUCTION PLANS AND DRAWINGS"
57
EXHIBIT 2
DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP #PW20 18-1 5
Insurance & Indemnification Requirements
Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract; insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance or the contract with the City of South Miami. whether such claim is against
the FIRM or any sub-contractor. or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall beat the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida. on forms approved by the State of Florida. as
will protect the FIRM. at a minimum. from all claims as set forth below which may arise out of or result
from the'FIRM's operations under the Contract and for which the FIRM may be legally liable. whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation. disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease. or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages. other than to the Work itself. because of injury to or
destruction of tangible property. including loss of use reSUlting there from; (f) claims for damages because
of bodily injury, death ofa person or property damage arising out of ownership, maintenance or:use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be
performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter). the insurance coverage written on Florida approved forms and as set forth below:
Workers' Compensation Insurance at the statutory amountas to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes. as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
Commercial Comprehensive General Liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1.000.000 combined single
limit per occurrence and $2,000.000 aggregate, including:
• Personal Injury: $1.000.000:
• Medical Insurance: $5.000 per person;
• PI'operty Damage: $500.000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved
form with the same coverage as the primary insurance policy but in the amount of $1 ,000.000 per claim and
$2.000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy. without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion. Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
58
(f) Broad Form Contractual Coverage applicable to. this specific Contract. including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed. with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional
One Million Dollar ($I ,000.000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability; Umbrella coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile liability policy, without restrictive endorsements, as flied by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non-Owned Vehicles
(c) Employers' Non-Ownership
Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall
contain the same insurance provision as set forth in these insurance and indemnification requirements. other than
the Fire and E)(~ended Coverage Insurance and substituting the word Subcontractor for the word FIRM where
applicable.
Fire and Extended Cove rase Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure. the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY. "Broad" form/All
Risk Insurance on buildings andstructures, including Vandalism & MaliCious Mischiefcoverage. while in the
course of construction. including foundations. additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings or structures. The policy or policies shall also cover
machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must. at all times. be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it
would be clearly not applicable.
Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract. the FIRM
shall be responsible for securing other acceptable insurance prior to such· cancellation, change. or
expiration· so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
B. All deductlbles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond. in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable. shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City as provided In this Agreement. .
D. Before starting the Work. the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance. acceptable to the CITY. as well as the insurance binder, if one is issued, the insurance policy.
including the df;lclaration page and 'all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.VII or better per A.M. Best's Key Rating Guide. latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the
Policy (as defined in Article I of this document) whi~h shall include the declaration page and all required
endorsements. In addition. the FIRM shall deliver. at the time of delivery of the insurance certificate. the
following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property
damage'. or "personal and advertising injury" and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
59
"This policy shall not be cancelled (including cancellation for non-payment of premium).
terminated or materially modified without first giving the City of South Miami ten (I O) days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail. with
proof of delivery to the City."
E. Ifthe FIRM is providing professional services, such as would be provided by an architect,engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000.000 with deductible per claim if any. notto exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion onhe construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance. in the
amount and under the termsspedfied above, which is also acceptable; No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
Indemnification Requirement
A. The Contractor accepts arid volUritarilyincurs all risks of any Injuries. damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf ot the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns. harmless from any and all damages, claims. liability. losses. claims, demands, SUits, fines.
judgments or cost and expenses. including reasonable attorney's feas, paralegal fees and investigative costs
incidental there. to and incurred prior to. during or following any litigation, mediation, arbitration and at all
appellate levels. which may be suffered by. or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates. employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including clairns for injury to, or death of any person or persons and for the loss or damage to.any
property arising out of a negligent error, omission, misconduct. or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers. directors. agents. representatives.
employees. or assigns, or anyone acting through or on behalf of any of them. arising OUt of this Agreement,
incident to it. or resulting from the performance or non-performance of the Contractor's qbligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith. including the eXpense or loss of the CITY and/or its affected officers, affiliates; employees.
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor. its Sub-Contractor or any of their
agentS, representatives, employees. or assigns. and/or arising out of. or incident to, this Agreement. or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers. affiliates. employees.
successors and assigns shall be held liable or responsible for allY claims, including the costs and eXpenses of
defending sllch claims which may resllit from or' arise out of actions or omJssions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees. or assigns, or anyone acting through
or on behalf of the them, and arising out of or concernirig the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor. CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor. its contractor/subcontractor or any
of their agents. representatives. employees. or assigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of SOllth Miami. which approval will not be unreasonably withheld.
60
F. However. as to design professional contractS. and pursuant to Section 725.08 (I). Florida Statutes.
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus.
the design professional's obligations asto the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including. but not limited to.
reasonable attorneys' fees. to the extent caused by the negligence. recklessness. or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
61
EXHIBIT J
DRAINAGE IMPROVEMENTS ON SW 59 TH AVENUE BETWEEN SW 74 STREET & SW 80
STREET
THIS PROPOSAL IS SUBMITIED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
RFP #PW2018·IS
CONSTRUCTION
BID FORM
I. If this Proposal is accepted, the undersigned Respondent agr.ees 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 limitation thoSE:! dealing with the disposition of Proposal/Bid Bond. if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form.. Respondent agrees to sign and submit the Bonds. if required by
this S.olicitation, required insurance documents. and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copil;!s of all the Solicitation Documents and of the follOWing Addenda. if any
(receipt of all which is hereby acknowledged.)
Addendum No. / Dated: A-dJ~v--U.;2-' =r I~ I
b. Respondent has familiarized himself with the nature and extent of the Contract .ocument, the proposed
work,site, lo.::ality. and all local conditions and laws and regulations that in any manner may affect cost,
progress. performance or furnishing of the Work.
c. Subsurface conditions: If <lpplicable to this Solicitation, the Respondent represents that:
i. R.espondent has studied carefully all reports and drawings. if applicable, of subsurface conditions and
drawings of physical comlitions.
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations. investigations, explorations. tests and studies in addition to or to
supplement those referred to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost. progress, performance, or the furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that'no additional examinations,
investigations, explorations. tests, reports or similar information or data are, or will, be required by
Respondent for any reason in connection With the Proposal. The failure of the Respondent to request
a pre-bid marking of the construction site by any or all utility companies shall create an irrefutable
presumption that the Respondent's bid. or proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, shall not be entitled to a change
order for any such condition discovered thereafter.
iii. Respondent has correlated the re·sults 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
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.
62
explorations. tests, repons 01' similar information ur' data in re,pect to any Undergl'ound Facilities or
conditions at'e. or will be. required by Respondent in order to perform and furnish the Work at the
Contract Prrce. within the Contract Time and in accol'dance 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 andlor conditions that affect the cost of the
Work and unless the respondent makes a written request to the City for additionalmformanon prior
to submitting the bid or proposal as reqUired in subsection ii above.
d. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has discovered
in the Contract Documents and. if any conflicts. errors or discrepancies have been found and notice
given. the Respondent represents. by submitting its proposal to the City. that the Respondent has
received sufficient notice of the resolution thereof from the City. that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts. errors or discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm or
cOl'poration and is not submitted pursuant to any agreement or rules of any group, association,
organization. or corporation; Respondent has not directly 01' indirectly induced or solicited any othel'
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm
01' corpol'ation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and
install all of the Work complete and in place. The Schedule of Values. if required. is provided for the
purpose of Proposal Evaluation and when initiated by the CITY. it shall form the basis for calculating the
pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a
deviation from the Schedule of Values, except w the extent that the CITY changes the Scope of the
Work after the Contract Date. As such, the Respondent shall furnish all labor. matenals, equipment.
tools, superintendence and services necessary to provide a complete, in place. Project for the Proposal
Price. If this SoliCitation I'equires the (ompletiol! of a Cost and Technical Pl'Oposal, as may be set forth
in an exhibit to this Solicitation, such proposal must be attached to this Construction Bid Form
and wil! talce the place of the Lump Sum Price, othel"Wise, the Contl'act Price for the
completed work is as follows:
LUMP SUM BASE PRICE: -= ___ , ,." dollars and ._ ... ~_._~._'--____ .
Alternates: #1
A fee breakdown for each task included in the lump sum contract price. if applicable. must be provided.
Failure to provide this information shall f'ender the proposal non-responsive.
5. The ENTIRE WORK shall be completed. in full. within 90 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 follOWing
RESPONDENT:
Address: I
Telephone:
Facsimile:
Contact Per'son
for futUl'e communication with you concerning thiS Proposal:
7. The terms used in this Proposal which at'e 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.
B. If a Respondent's Cost & Technical Proposal IS I'equir'ed by the Solicitation. Respondent hereby certifies
that all of the facts and responses to the questions posed in the Cost & Technical Pl'Oposal. if such an exhibit
is made a part of the Solicitctuon, al'e true and correct and al'e hereby adopted as part of this Construction
Bid Form, and are made a part of this proposal. by reference.
9. By submitting this Pl'oposal. I. on behalf of the business that I represent. hereby agree to the terms of the
form of COllCl'act contained in the SoliCitatiOn package and I agn3e to be bound by those tel·illS. wi(h any
ap~rop"iJte blank boxes. If any. checked and any blank lines filled 1[1 wirh the "pDr0PI"i:lte illfolll1dtieXi
63
contained in the SoliCitation Documents and this or such information thal lhe and i have
agreed upon In the COln-5e of contract and which have been confwmed by the in
including e-mail confirmation, If any. i hereby undel' penalty of pequr-y that I am the lawful
r'epresentative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contl'acts for that entity and bind it to those contract terms and that all of the
infor-mation and r'epresentations contained herem are true and COITect to the best of my knowledge,
infor-mation and belief.
SUBM!TTED THIS DAY OF
END OF SECTION
64
Pmject Name:
RFP NO.
Date:
Sent:
ADDENDUM No. # I
Drainage Improvements on SW 59th Ave Between SW 74
St & SW 80 St.
PW2018-15
July 10.2018
Fax/E-mail/webpage
This addendum submission is issued to clarify. supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents, All requirements of the Documents not
modified herein shall remain in full force and effect as originally set forth. It shall be the sole
responsibility of the bidder to secure Addendums that may be issued for ct solicitation.
What is the engineering estimate for this projeCt?
RESPONSE:
The City's Adopted Budget. Capital Improvements section, for Fiscal Year 2017 -2018. includes a line
item budget amount of $330,000 for this project.
QUESTION #2:
Please note a Geotechnical (soils) Report has not been provided as part of the bidding documents.
Please provide Geotechnical Report as soon as possible.
RESPONSE:
Please refer to the "City of South Miami Citywide Drainage Improvements, Phase VI. Drainage Report,
dated Octobel-2009." and the "Percolation Report, dated August 2. 2009" attached to Addendum No.
I.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SEC;~RE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATlqN. , I
65
j( South~'Miami
I; ( t H \ i\"
ADDENDUM No. #2
Project Name: Drainage Impmvements on SW 59 th Ave Between SW 74
St & SW 80 St.
RFP NO. PW2018-IS
Date: July 16, 2018
Sent: Fax/E-mail/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made pan 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
of the bidder to secure Addendums that rr,ay be issued for a solicitation.
OUESTION #1:
We are respectfully requesting fur1:her clarification regarding the daily liqUidated Damages that are be
assessed on this project, As per your' bid package the provided Daily LD amount is $5.000.00,
Provided the scope of work of this project this number seems to be excessive, If possible please
confirm the amount or lD'S per day on this project.
RESPONSE:
The City's usual practice for calculating Liquidated Damages for a project is to utilize the Adopted
Budget Amount and the Project Duration to calculate a daily Liquidated Damages amount. For this
project, the City's Adopted Budget and Capital Improvements for Fiscal Year 2017 -2018, includes a
line item budget amount of $330,000. The project duration is 90 calendar days. Therefore, liqUidated
Damages for this project reduced to $3,600 per day.
This reductioQ to_the Liquidated Damages for this project shall be a part of the RFP by
way of reference.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO sEcvfia
ADDENDUMS THAT MAY BE ISSUED fOR A SPECIFIC SOLICITATrON.\
I' 66
CONSTRUCTION I
2601 BLAiR E
TALLAHASSEE
GONZALEZ, MARIO H
MAGGOLC INC
11020 SW 55TH STREET
MIAMI FL 33165
o
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation, Our professionals and businesses range
from architects to yacht brokers, from boxers to barbeque
restaurants, and they keep Florida's economy strong
day we work to Improve the way we do business in order
to serve you betteL For information about our services, please
log onto www.myfloridalicense.com. There YOli can find more
information about our divisions and the regulations that impact
you, subscribe to department newsletters and learn more about
the Department's initiatives,
Our rnission at the Department is License Efficiently, Regulate
Fairly. We constantly strive to serve you better so that you can
serve your customers. Thank you for doing business in Florida,
and congratulations on your new license!
SIN
STATE OF FLORIDA
DEPARTMENT QfBUSINESS AND
PROFESSIONAL. REGULATION
,," ,';~,::ft'/;tc '," ,',
RG291103844 'JaSUEO: 06/14/201
REGISTERED.GENERA~CONTRACTOR
~~~~~LEli~~!9~~i~;:; ,J
(INDIVIDUAL MUpt,r;hgE
LICENSING REQUIR
TO CONTRACTING IN
HAS REGISTERED under the provisions of Ch.489 FS
Expiration dale . AUG 31 2019 L17D6 ~ 40000504
DETACH HERE
RICK SCOTT. GOVERNOR MATILDE MILLER. INTERIM SECRETARY
STATE OF FLORIDA
OEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
The GENERAL CONTRACTOR
Named below HAS REGISTERED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31,2019
(INDIVIDUAL MUST MEET ALL LOCAL LICENSING
REQUIREMENTS PRIOR TO CONTRACTING IN ANY AREA)
GONZALEZ. MARIO H
MAGGOLC INC
11020 SW 56TH STREET
MIAMI FL 33165
,)I:;Pl.I\Y
67
CONSTRUCTION INDU
1 BLAIR. STONE
GONZALEZ. MARIO H
MAGGOLC INC
11020 SW 55TH STREET
MIAMI FL 33165
NO
Congratulations' With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht bmkers, from boxers to barbeque
restaurants, and they keep Florida's economy strong.
day we work to improve the way we do business in order
to serve you better. For information about our services.
log onto www.myfloridalicense.com. There you can more
information about our divisions and the regulations that impact
you. subscribe to department newsletters and learn more about
the Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate
Fairly. VVe constantly strive to serve YOll better so that you can
selve your customers. Thank you for doing business In Florida.
and congratulations on your new license'
NG
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
CUC1224888 ISSUED: 6
CERT UNDERGdbLJNO & EXCAV CNTR
GONZALEZ, MARIO H . .
MAGGOLC INC .
18 CEI~TIFIED under the prOVISIOI1S oi Ch 489 8
Expiia~ion date AUG 2018 L 1 G:63000D"1 07 '
DETACH HERE
RICK SCOTT. GOVERNOR KEN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
The UNDERGROUND UTILITY & EXCAVATION CO
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date. AUG 31. 2018
GONZALF.l, MARIO H
MAGGOLC INC
11020 SVV 55TH STREET
MIAMi FL 33165
ii; ) 'I" ,1\ F< I: ('I '1 P reT) f,\\ i {\Vli
68
construc~ rg§rYing Board
NESS CERTIFICATE or COMPETENCY
E251302
IVII"I,\.:J\,;llVL.,u INC
GON~MARIO
Local Business Tax Receipt
Miami-Dade County, State of Florida
-THIS IS NOT A BILL -DO NOT PAY
5684064 LBll
BUSINESS NAME/LOCATION
MAGGOLCINC
11020 SW 55TH sr
MIAMI Fl 33 i 65
OWNER
MAGGOLC ir'JC
WorKer(s)
RECEIPT NO.
RENEWAL
5928481
EXPIRES
SEPTEMBER 30, 2019
Must be displayed at place of business
Pursuant to County Code
Chapter SA -,4rt. 9 & 10
SEC, TYPE OF BUSINESS PAYMENT RECEIVED
13G S?[C:,~1TY ENGINi:Er1:NG CONTFlACi BY T.il.X COLLECTOR
E251302 $75,00 07/12/2018
CREDITCARD-18-053 i 61
This local Business Tax Receipt only confirms payment of tho local Business Tax The Receipt is I10t a license.
permit. or a certification of the holder's qualifications. to do business, Holder must comply with allY qovernmental
or nongovernmelltal regulato'y Iflws and requirements which apply to the business.
The RECEIPT NO, Rbove must be displayed on ali commercial vehicles -Miami-Dade Code Sec 8R-276,
Fur mora information, visit www,miamidade,g.QyJ!~l'JilllWllli!I
69
DRAINAGE IMPROVEMENTS SW 59 AVENUE RFP PW 2018-15
NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER
Bid
Package Sched.
Bidder List ot Bidder Bid Price (10rg; 3 Bid Form Of Ref.
Qualit. Subs'
Copies; 1 Values
Digital)
MAGGOLC $365,296.71 X X X X X X
JVA ENG $366,225.70 NA NA X X X X
AMERICAN
$390,447.83 X X X X X X PIPELINE
QUALITY
$392,050.40 N/A X X X X X PAVING
HAHN $393,022.47 X X X X NA X
R & G ENG. $414,280.50 X X X X X X
MARCDAN $421,585.65 X X X X X X
PERSANT $433,000.77 X X X X X X
SAINC $462,729.00 X X X X X X
HARTEC $496,974.70 NA X X X X X
METRO $519,218.84 X X X X X X EXPRESS
C&W $543,637.80 X X X X X X
A & P ENG. $595,510.00 X X X X X N/A
(l) Condition of Award
lVA: SUBMITED BID FORM, NO LUMP SUM PRICE; TOW COPIES PROVIDED
HARTEC: ORIGINAL AND DIGITAL COPY ONL Y
HAHN: NO GOVT REFERENCES; OTHERS PROVIDED
QUALITY PAVING: ORIG. DIGITAL & ONE COPY
Public Entity
Fed. Non Coli. Crimes and Drug free OSHA Related Presentation State
Affidavit Conflicts of Workplace Stds Party Dec
Listings
Interest
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 N/A 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 N/A
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
(1)
Signed (1) Perf Sun
Proof of
Contract Bond Biz
Ins
N/A N/A x
X X x
X X x
N/A X x
N/A X x
X N/A
X X
N/A X
X X
N/A X
X N/A
X X
X X
70
M ember N am e
Bi d N u mber
Bid N a m e
4 Do cume nt(s} f ou nd f or t h is bid
22 Pl a nhold er(s} found .
776 Not ified
Supplie r Nam e
A.e. Schu ltes of Florida, Inc.
AP Equ ipm ent Inc
Baxter & Woodman
Bob's Barr icades
Cons tru ctCo nnec t
Cons tru ct io n Journ al, Ltd.
Craig A. Smith & Assoc iates
Craven, Thompson & Assoc iates, Inc.
D&B Engi neers and A rchitects, P.e.
hsq g roup inc
Jones Edmunds & Associate s, Inc.
Keith & Sc hn ars
Ki mley-Horn and Assoc iates, Inc.
Link Systems LLC
M.D. Stewa r t & Associates, In c.
MCM
R P Utili ty & Excavation Corp
Southern Underground Indu str ie s, In c .
Tie r ra Sout h Florida, In c.
V ENG INEERING & CONSULTING CORP.
Weekley Asphalt Pavi ng, Inc .
wil liams paving CO., in c.
City of South Miami
RFP-RFP IIPW2018-15-0-
DRAINAGE IMPROVEMENTS ON
SW 59TH AVENUE BETWEEN
SW 74 STREET & SW 80 STR EET
Add ress 1
11865 U.S. Hi ghway 41 South
1621 SW 11 9th Terrace
8678 Rid ge fie ld Rd.
921 Shotgun Rd
3825 Edwards Rd
400 SW 7th Street
7777 Glades Road
3563 NW 53 rd Street
2525 Ponce de Leon Blvd.
1489 W. PALMETIO PARK
ROAD
730 N.E. Waldo Road
6500 North Andrews Avenue
1920 Wekiva Way
292 Tuska Reserve Cove
1830 Radius Dr. 111307
6201 SW70 t h St r eet
17680 NW 78t h Ave
10621 SW 139 St.
2765 Vista Parkway
2929 SW 3 AVENUE
20701 ST IRLING ROAD
11300 NW s River Drive
City St ate Zip Phon e Attributes
Gibsonton FL 33534 8137413010
1. Hispanic
Davie FL 33325 9546034 122 Owned
Crysta l Lak e IL 60012 815 459 1 26 0
Sunrise FL 33326 9544232627
Cincinnati OH 4 5209 8772271680
Stuart FL 34994 80 07855 165
Boca Raton FL 33434 5613144445
Fort Laude rda le FL 33309 9547396400
Coral Gables FL 33134 7864415120
1. Hi spanic
Owned
2. Sm all
Bu sin ess
BOCA RATON FL 33486 5613920221
Ga in esv ille FL 32641 3523775821
Fort Lauderdale FL 33309-9547761616
We st Pa lm FL 33 411 5618450665
1. Sma ll
Ca sse lberry FL 32707 4074010031 Business
Hollywood FL 33320 9544647202
Miami FL 33143 3055410000
Hialeah FL 330 15 7865776666
Miami FL 33176 9546504699
West Pa l m FL 33411 56 16 878539
MIAMI FL 33 129 3053425568
PEMBROKE FL 33332 9546808005
Medley FL 33178 3058821950
7 1
MIAMI DAILY BUSINESS REVIEW
Published Daily except Snturday Sund8vand
LOgDi Hohday.s
Miami, f./ilarw-Dade County, Fio;kia
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority perSonally appeared
KESHA BASSUE. who on oath says !I'IO! he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review lIk/a Miami Review. a daily (except Saturday
Sunday and Legal Holidays) newspaper. published at Miam;
in Miami-Dade County. Florida that the attached copy of
advertisement, being a l.egal Advertisement of Notice in !he
matter of
CITY OF SOUTH MIAMI· RFP IIPW201S.15
in the XXXX Court
was published in said newspaper in the issues of
07103/2018
Affiant further says that the saiei Miami Dally Buslnegs
Review IS a newspaper published 8t Miami. in s[lid Miami-Dad
e County. Florida and that the said newspaper has
118retolore been continuously published in said Mlaml.Dade
County, Florida each day (except Saturdav Sunday <ind
Legal Holidays) and has been entered as s~~ond class mail
matter at the post office In Mian11 111 salei Miami.Dade County
Florida for a pellod of one year nex1 precedina thl' first'
publication of the attached copy of advErtlsernent. -and affiant
further S8YS that he or she has neither Pilld nor promised any
person. fInn or corporation any discount. rebatc, comn1!s~ion
or refund for the purpose oj securing this advertisement for
publication In the said newspaper.
)~-~~
r;n~ ---------~----
KESliA BASSiJE personally known to me
'CITY'OP-SOUTH-MIAMI
DRAINAGE IMPROVEMENTS ON SW 59TH
AVENUE BETWEEN SW 74 STREET & SW 80
STREET
RFP #PW2018-15
SUBMITTAL DUE DATE: July 27,
2018 at 10 AM
The City is hereby requesting sealed proposals in response to RFP IlPW2018·15
"DRAINAGE IMPROVEMENTS ON SW 59TH AVENUE BETWEEN SW
74 STREET &SW eo STREET." 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 1, Attachment A, Sf & C)
and Respondent's Cost and Technieal Proposal, or the plans and/or
specifications, if any, described In this Solicitation (hereinafter referred to
as "the Project" or "Project"). This project is funded in whole or part through
a Water Quality Restoration Grallt with the State of Florida and Is
florida Department of /Environmental Protection (FDEP). Refer to the
Scope of Services, Attachment 0 "Grant Agreement. "
Interested persons who wish to respond to this Solicitation can ob\am the
complete SoliCitation at the City Clerk's office Monday through
Friday frol11 9:00 a.m. p.m. or by accessing the following webpage:
http://www.southmiamifl.govf which is the City of South Miami's web address
101' solicitation information.
Scaled Proposals must be received by Office of the City CIeri<, either by
mail or iland delivery, no later than 10:00 A.M. local time (the "Closing
Date") on July 21, 2018. Hand delivery must be made Monday through
from 9 A.M. to 5 P.M., unless a different time is provided above
for Closing Date, to the office of City Clerk.
A Non-Mandatory Pre-Proposal Meeting will be conducted et City .Hall
in the Commission Chambers located at 6130 Sunset Drive, South
Miami, FL 33143 on July 13. 2018 at 10:00 A.M. TIle conference shall be
held regardless of weather conditions.
713
Nkenga A. Payne, CMC
City Clerk
City of South Miami
18-i31/0000330576M
72
7/30/2018
Detail by Entity Name
Florida Profit Corporation
MAGGOLC, INC,
Filing Information
Document Number
FEIfEIN Number
Date Filed
State
Status
Last Event
AMENDMENT
Event Date Filed
Event Effective Date
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
Officer/Director Detail
Name & Address
Title D
GONZALEZ, MARIO H
11020 SW 55 STREET
MIAMI, FL 33165
Report Year
2016
2017
2018
Filed Date
01/23/2016
02/11/2017
01/15/2018
Detail by Entity Name
73
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/130/2018
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Delail by Entity Name
L.... ____________________ . ____ . __ ....... ___ . _____ . _______ _
74
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2018 FLORIDA PROFILCQRPQBAIIONANt>JLJ,6.I,RJ;PORT
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:
GONZAI.EZ, MARIO 1-1
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 Ffonda
SIGNATURE:
Electronic Signature of Registered Agent
OfficerlDirector Detail:
Title D
Name GONZALEZ, MARIO H
Address 11020 SW 55 STREET
City-State-Zip MIAMI FI_ 33165
I hereby corYI' that the informatIOn mdicated on thiS
oath. that f am an officer or director of the corpJration or tile
above, Of on an attachment wil.1 a/f other ilko ampowercQ,
SIGNATURE: MARIO GONZALEZ
IS true and accurate and
cmCJDwered to execute thiS
Electronic Signature of Signing Officer/Director Detail
Date
5ig.'1ature shafl hale the same legal effect as if made under
required by Chapter eO!, f-Iorlda Statutes, and that my name aopears
PRESIDENT 01/15/2018
Date
75
7/30/2018
Detail by Entity Name
Florida Profit Corporation
JVA ENGINEERING CONTRACTOR INC
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Last Event
AMENDMENT
Event Date Filed
Event Effective Date
Principal Address
6600 NW 32 AVE.
MIAMI, FL 33147
Changed: 04/07/2009
Mailing Address
6600 NW 32 AVE.
MIAMI, FL 33147
Changed: 04/07/2009
P02000104069
48-1277685
09/26/2002
FL
ACTIVE
NAME CHANGE
10/15/2004
NONE
Registered Agent Name & Address
ALVAREZ, JOSE M
11830SW51 ST
MIAMI, FL 33175
Address Changed: 03/25/2011
OfficerlDirector Detail
Name & Address
Title D
ALVAREZ, JOSE M
11830 SW 51 ST
MIAMI, FL 33175
Detail by Entity Name
76
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7/30/2018
Title MGR
ALVAREZ, JOSE A
11830 SW 51 ST
MIAMI, FL 33175
Title MGR
ALVAREZ, MARIA N
11830 SW 51 ST
MIAMI, FL 33175
Annual Rep-orts
Report Year
2016
2017
2018
Filed Date
04/14/2016
03/20/2017
01/15/2018
Document Images
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Detail by Entily Naille
77
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2018 FLORIDA PROFIT CORPORATION ANNUAl,.BEPORT
DOCUMENT# P020001 04069
Entity Name: JVA ENGINEERING CONTRACTOR INC
Current Principal Place of Business:
6600 NW 32 AVE.
MIAMI, FL 33147
Current Mailing Address:
6600 NW 32 AVE.
MIAMI, FL 33147 US
FEI Number: 48·1277685
Name and Address of Current Registered Agent:
ALVAREZ, JOSE M
11830 SW 51 ST
MIAMI, FL 33175 US
FILED
Jan 15,2018
Secretary of State
CC0887228044
Certificate of Status Desired: Yes
The above named enttty submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail:
Title D Tille MGR
Name ALVAREZ, JOSE M Name ALVAREZ, JOSE A
Address 11830 SW 51 ST Address 11830 SW 51 ST
City-Slate-Zip MIAMI FL 33175 City-State-Zip MIAMI FL 33175
Title MGR
Name ALVAREZ, MARIA N
Address 11830 SW 51 ST
City-State-Zip: MIAMI FL 33175
I heroDY certify that tfle :nformatlC;(1 md;c;atcd on this report or suppi0menta! repo.rt is trvc and accurate and that
oath, that I am an officer or diroctor of the corporatIOn cr the recerver O{ trustee empowered to execute this
abo'.lu, or on an attachment wft/] all othSf like empowered.
shai/ have the same fegoi effect as if maac :..mdel
607. l/oridiJ Statu/es, anc1lhal my name appcars
SIGNATURE: JOSE M ALVAREZ PRESIDENT 01/15/2018
Electronic Signature of Signing Officer/f)irector Detail Date
78
7/30/2018
Detail by Entity Name
Florida Limited Liability Company
AMERICAN PIPELINE CONSTRUCTION, LLC
Filing Information
Document Number
FEI/EIN Number
Date Filed
Effective Date
State
Status
10117 SW 5th 8T
MIAMI, FL 33174
Changed: 02/12/2015
Mailing Address
1222 WALLACE ST
CORAL GABLES, FL 33134
L14000151825
47-1966508
09/29/2014
10101/2014
FL
ACTIVE
Registered Agent Name & Address
LUNA, ANDRES
1222 WALLACE ST
CORAL GABLES, FL 33134
Authorized Person(~)Jdetail
Name & Address
Title MANAGING PARTNER
LUNA,ANDRES
1222 WALLACE ST
CORAL GABLES, FL 33134
Title MANAGING PARTNER
GARCIA, LEONEL L
10117 SW 5th ST
MIAMI, FL 33174
Detail by entity Name
I ( , '
~ , ./ ~i
79
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7/30/2018
Report Year
2016
2017
2018
Document Images
Filed Date
03/07/2016
04/28/2017
03/23/2018
OJI?:st;'J)1!t::_A-i'i t:tVALRE PoIIT
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091;>912014 --Florida limited liability.
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80
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.2JL18 FLORIDA_LIMITED LIABILITY COMPANY ANNUAL RJ;:PQ~T
DOCUMENT# L 14000151825
FILED
Mar 23,2018
Secretary of State
CC3709081865 Entity Name: AMERICAN PIPELINE CONSTRUCTION, LLC
Current Principal Place of Business:
10117SW5THST
MIAMI, FL 33174
Current Mailing Address:
1222 WALLACE 8T
CORAL GABLES, FL 33134
FEI Number: 47-1966508
Name and Address of Current Registered Agent:
LUNA, ANDRES
1222 WALLACE ST
CORAL GABLES, FL 33134 US
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:
Electronic Signature of Registered Agent
Authorized Person(s) Detail:
Title MANAGING PARTNFR
Name LUNA,ANDRES
Address 1222 WALLACE ST
City-State-Zip: CORAL GABLES FL 33134
j horeby {;ertlfi; thet the 'nforrration indicated on thiS
oath, that I SlY' a managing member or manager of the
that my name appears above. or on an attachment with at! other iike empowered.
SIGNATURE: ANDRES LUNA
Date
Title MANAGING PARTNER
Name GARCIA. LEONEL L
Address 10117 SW 5TH ST
City-State-Zlp' MIAMI Fl. 33174
shaN have the salT'e lega! effect as If made under
report as required by Chapter 605. Flonda Statutes, and
MANAGING PARTNER 03/23/2018
Electronic Signalure of Signing Authorized Person(s) Detail Date
81
"7130/2018
Detail by Entity Name
Florida Profit Corporation
QUALITY PAVING CORP.
Filing Information
Document Number
FEIIEIN Number
Date Filed
State
Status
7875 SW 40TH. STREET
SUITE # 229
MIAMI, FL 33155
Changed: 01/16/2008
7875 SW 40 STREET
SUITE # 229
MIAMI, FL 33155
P98000065855
65-0853741
07/27/1998
FL
ACTIVE
Changed: 01/16/2008
B~gisterecL8g~D1Narne ~tMdr~~
GONZALEZ, RICHARD APRESDTE
7875 SW 40 STREET
SUITE # 229
MIAMI, FL 33155
Name Changed: 01/16/2008
Address Changed: 04/08/2013
Officer/Director Detail
Name & Address
Title PRES
GONZALEZ, RICHARD A
7875 SW 40 STREET -SUITE 229
MIAMI, FL 33155
Detail by Entity Name
t .!
82
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7/30/2018
Annual Rep-orts
Report Year
2016
2017
2018
Document Imag~
Filed Date
02/23/2016
03/13/2017
02/19/2018
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~-------------... --.. --
83
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.2018 fl,ORIDA PROFITCORPORATlON ANNUAL REPORT
DOCUMENT# P98000065855
Entity Name: QUALITY PAVING CORP.
Current Principal Place of Business:
7875 SW 40TH. STREET
SUITE 11 229
MIAMI, FL 33155
Current Mailing Address:
7875 SW 40 STREET
SUITE #229
MIAMI, FL 33155 US
FEI Number: 65-0853741
Name and Address of Current Registered Agent:
GONZ.ALEZ RICHARD APRESDTE
7875 SW 40 STREET
SUITE # 229
MIAMI, FL 33155 US
FILED
Feb 19, 2018
Secretary of State
CC0629976674
Certificate of Status Desired: Yes
The above named entity submits tllis slatument for the purpose of changing its registered office or registered agent, or both, in the Stale of r/orida.
SIGNATURE:
Electronic Signature of Registered Agent
OfficerlDirector Detail:
Title PRES
Name GONZALEZ, RICHARD f\
Address 7875 SW 40 STREET -SUITE 229
City-State-Zip: MIAMI FL 33155
I tlereby carMy /fJat tho Information mo'icatea un tnls report or suppicmuniaf repor! IS [rUG and acwrate
oath; that I am an officer or director of tN:; wrporatlcfl or (he recelile~ or trustee fJmpOwored to execute It/IS
above, or or. an attachment wdh ail other like empo'Norvd.
SIGNATURE: RICHARD A GONZALEZ
Electronic Signature of Signing Officer/Director Dotail
Date
signature sha:[ hRw' the same tega! effect as 'f made under
requ,red by CI,apter 607. Honda Statutes ana' thH! rny name appears
PRESIDENT 02/19/2018
Date
84
7/30/2018 Detail by entity Name
,--------------------~--,--,---.-
Detail by Entity Name
Florida Profit Corporation
HAHN CONSTRUCTION ENGINEERING CONTRACTORS INC.
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
P95000072656
65-0629829
09/20/1995
FL
ACTIVE
23555 SOUTHWEST 153 COURT
HOMESTEAD, FL 33032
23555 SW 153 CT
HOMESTEAD, FL 33032
Changed: 03/25/2012
Registered Agent Name & Address
Peterson, Baldor and Maranges, PLLC
8000 SW 117 Ave
Suite 206
Miami, FL 33183
Name Changed: 04/30/2018
Address Changed: 04/30/2018
Officer/Director Detail
Name & Address
Title PO
HAHN, MICHAEL
24154 SW 107 CT
HOMESTEAD, FL 33032
Title VD
HAHN, RICKEY A
23280 SW 132 AVE
85
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7130/2018
HOMESTEAD, FL 33032
Title STD
HAHN,MAUREEN
23555 SW 153 CT
HOMESTEAD, FL 33032
Annual ReRorts
Report Year
2016
2017
2018
Document Images
Filed Date
04/25/2016
04/10/2017
04/30/2018
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86
Illtp:i Isea rell . slinbiz. org/l nq lIlry/Corporation Sea reh/Searchf~esllltDGtal I 'ii nqll irytypo=E ntltyNall1o&d I recti 011 Typocc In itial&soarcIINallloOrd8r= HAH N CON. :2/2
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DOCUMENT# P95000072656
FILED
Apr 30,2018
Secretary of State
eC96? 4824351
Entity Name: HAHN CONSTRUCTION ENGINEERING CONTRACTORS INC.
Current Principal Place of Business:
23555 SOUTHWEST 153 COURT
HOMESTEAD, FL 33032
Current Mailing Address:
23555 SW 153 CT
HOMESTEAD, FL 33032 US
FEI Number: 65-0629829 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
PETERSON, BALDOR AND MARANGES, PLLC
8000 SW 117 AVE
SUITE 206
MIAMI. FL 33183 US
Tho above named entity submils this statement for the purpose of changmg Its reglstored offico or registered agent, or both, in the State of Florida.
SIGNATURE: CEASAR X DELGADO 04/30/2018
Electronic Signature of Registered Agent Date
Officer/Director Detail:
Title PD Title VD
Name HAHN, MICHAEL Name HAHN, RICKEY A
Address 24154 SW 107 CT Address 23280 SW 132 AVE
City-State-Zip: HOMESTEAD FL 33032 City-State-Zlp: HOMESTEAD FL 33032
Title STD
Name t~HN,MAUREEN
Address 23555 SW 153 CT
City-State-Zip: HOMESTEAD FL 33032
thereby cerMy that {tIe in/ormation md:cateo' on this report or supplemental report :s truo and accurate ana' thal my %ctrcfJlc signature shall have the same iegai effect as if made undor
oath, that f am an officer cr direciorofrhe corporation or the receiver or trustee ompo'N(]ted fo execute thIs report as rcquifed bl Chapter 607" Ffon"da Statures: and that IT'y name appears
abo~re, or on an attachment with ail other like empowered.
SIGNATURE MAUREEN HAHN SECRETARY 04/30/2018
ElectroniC Signature of Signing Officer/Director Detail Date
87
EXHIBIT 4
CONSTRUCTION CONTRACT
DRAINAGE IMPROVEMENTS ON SW 59 TH AVENUE BETWEEN SW 74 STREET" SW 80
STREET
RFP #PW20 18-15
THIS CONTRACT was made and entered into on this 21 day of August, 2018, by and between
MAGGOlC, 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"). -
WITNIESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
I. The Contractor shall furnish all labor. materials. eqUipment, machinery, tools, apparatus. transportation and
any other items necessary to perform all of the work shown on and described in the Contract Documents
and shall do everything required by this Contract and the other Contract Documents hereinafter referred
to as the Work.
2. The Contract Documents shall include this Contract, General Conditions to the Contract, if any, the
drawings. plans. specifications and project manual. if any, any supplementary or special conditions, other
documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter
referred to as "Bid Documents") and any documents to which those documents refer which are used by
the Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein.
3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to
additions and deductions as provided in the Contract Documents and any properly approved. written
change orders. in lawful money of the United States, the Lump Sum amount of:
THREE·HUNDRED AND SIXTY·FaYE THOUSAND AND SEVENTY-QNIE CENTS Dollars ($365.296. 71)
(Spell Dollar Amount above) ("Contract Price").
5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be
included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work
be performed after regular working hours. In such event, the Respondent shall have no right to additional
compensation for such work. However. nothing contained herein shall authorize work on days and during
hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by
the City.
6. 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 90 calendar days. In the event that the Contractor shall fail to complete
the Work within the time limit stipulated in the Contract Documents. or the extended time limit agreed
upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated
damages shall be paid by the Contractor at the rate of $5,000.00 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.
a. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond")
is required and if, at any time after the execution of this Contract and the Bond for its faithful performance
and payment, the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for
any reason such bond ceases to be adequate to cover the performance of the Work or payment to
subcontractors and suppliers, the Contractor shall, at its expense within five (5) business days after the
receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and
with such Surety or Sureties as shall be satisfactory to the City. In such event, no further payment to the
Contractor shall be deemed to be due under this Contract until such new or additional security for the
faithful performance of the Work is furnished in t1he 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.
II. This project, in whole or part, will be assisted through a "Water Quality Restoration Grant" with the State
of florida and its Florida Department of Environmental Protection. (FDE.P). Contractor must comply with
FDEP requirements, including but not limited to documentation, timelines and preparation of applications for
payment. refer to Exhibit " Scope of Services, Attachment D. "Grant Agreement."
forth next to their name below and may be signed in one o~ore terparts, each of which shall, without proof
IN WD1l"NESS WHEREOF, the parties hereto have exec~ this Contract on the day and date set
or accounting for the other counterpart, be deemed an or:i&inltl C nt c.
CONTRA Tof. ,. a of aCe TAJc~
/"'......--
Signature IJ
!/', b ~ 0.-0 ~e. ?:.--
Title of Signatory: tre .a---/~.~ --
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
OWNER: cunr .m:::('OO·1n-!lIMlHAMD
Signature: -~)-------'-------.--... --.-----.. ~--.
2
Stey.en'Atexander
C'[ty-Manager
_ , ......... ~c
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
DRAINAGE IMPROVEMENTS ONSW 59 TH AVENUE BETWEEN SW 74 STREET Be SW 80
STREET
RfP #PW10 18-15
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, isfare
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, Clarifications or correction.
Application for Payment: A form approved by th!:l 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 01' proposals and all documents that make up the solicitation includling
the instructions, form of documents and affidavits.
~ 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 Provosals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations, and the timeframe for completing the work.
CITY; The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, unless the context
wherein the word is used should more appropriately mean the City of South Miami.
Construction Observer: An authorized representative of the CONSULTANT, if any, or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and poliCies, the Notice of Award, the Notice to Proceed, the
General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
DraWings, including any incorporated specifications, addenda to the drawings issued prior to execution of the
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications to any of the Contract Documents.
Contract Price: The total moneys payableto 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.
Days: 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. T~refore, in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documents. or has been damaged prior to the CONSULTANT'S recommendation of
final payment (unless responsibility for the protection thereof has been delegated to the Owner): substitutions that
are not properly approved and authorized. any deficiency in the Work, materials and eqUipment: materials and
equipment furnished under the Contract that are not good quality and new unless otherwise required or
permitted·by the Contract Documents.
Drawings: The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT. or if none, then by an architect or engineer hired by the City and
are referred to in the Contract Documents. .
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order
signed by both parties. (c) a written clarification or interpretation if issued by the CONSULTANT in accordance
with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Non-conforming Work means work that does not conform to the Contract Documents and includes work that is
unsatisfactory, faulty. or deficient or that does not meet the requirements of any applicable inspection. reference
standard. test, or that does not meet any approval required by. or referred to in. the Contract Documents. or
work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by CITY).
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with
the conditions precedent to be fulfilled by it within the time specified. CITY will execute and deliver the Contract
to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the
date on which the Contract Time shall commence to run and on which CONTRACTOR shall sta~ to perfOrm its
obligations under the Contract Documents.
Person: An individual or legal entity.
Project: The entire construction operation being performed as delineated in the Contract Documents.
Polic;y: The term "policy" as used in the Contract Documents shall mean the insurance binder. if it is issued. the
declaration page of the policy and the body of the policy. including all endorsements.
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 Drawin~ 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.
SubstantiaJ 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 substantiaJ 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.
Surety: The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the p~yment of all labor. services and materials used on the
project.
Work: Any and all obligations. duties and responsibilities necessary for the successful performance and completion
of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices. demands. instructions.
claims. approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whpm it is intended. or to an authorized representative of such individual. firm. or
corporation. or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing. any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
ARTICLE 2 -PRELIMINARY MATTERS
Award:
2.1 The CITY reserves the right to reject any and alllBids, at its sole discretiO!n. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the
CITY has concluded its investigation. as it deems necessary. to establish. to the satisfaction of the CITY.
which Bidder is the most responsive and responSible of all the Bidders to complete the Work within the
time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City. to be
sufficiently responsible. qualified and financial able to perform the work. In analyzing a Bid. the CITY may
also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is
awarded. the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond. the Certificates of
Insurance. the Binder of Insurance if issued. the Insurance Declaration Page if not included in the Policy of
Insurance, the Policy of Insurance required by the Contract Documents. the written notice of designated
supervisor or superintendent as prOvided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that
requires the signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document.
Forfeiture of Bid SecuritylPerlormance 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 (100%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant
to this Project. Each· Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5. and 2.3.6.
2.3.2 Each Bond shall continue in effect for five 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 with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or
better.
2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
5
Contractor's Pre-Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data with"
the requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article I), prior to
the date on which the Contract Time commences to run, except with the written consent of the CITY.
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither the OWNER nor the CONSULTANT shall be liable for any
harm. damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error.
or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be 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 incre~e in its bid price.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
ARTICLE l-CQRRELATION. INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and DraWings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in
Article I. '
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it
shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's
attention in writing. The various Contract Documents are complementary; in case of conflict, error or
discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to
the Owner shall apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar'meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service". '
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength. class,
weight and other applicable characteristics. as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved. by the CONSULTANT before
installation. The above reqUirement is not intended to include major components not covered by or
inferable from the DraWings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If the CONTRACTOR is prevented from complying with this provision due to the Drawings or
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such
limitations before proceeding with construction in the area where the proble,!, exists.
3.7 Manufacturer's literature. when referenced. shall be dated and numbered and is intended to establish the
Ininimum 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.
3.8 Brand names where used 'in the technical specifications, are intended to denote the standard or quality
required for the particular material or product. The term "equal" or "equivalent", when used in
connection with brand names, shall be interpreted to mean a material or product that is similar and equal
in type, quality, size, capacity, composition, finish, color and other applicable 'characteristics to the material
or product specified by trade name, and that is suitable for the same use capable of performing the same
function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed
equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the
Work. (When a brand name, catalog number, model number, or other identification, is used without the
phrase "or equal", the CONTRACTOR shall use the brand, make and model specified).
3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa
and the singular words substituted for plural and plural words substituted for singular wherever
applicable.
3.10 All technical interpretations shall be made by the CONSULTANT as set forth in Section 9.3 below.
3.11 The CONTRACTOR shall 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 of
the documents shall take precedence. In the event that there is a conflict between or among the
Contract Documents. only the latest version shall apply and the latest version of the Contract
Documents. The CONSULTANT shall use the following list of Contract Documents as a guide. These
documents are set forth below in the order of their precedence so that all the documents listed above a
given document should have.precedence over aillhe documents listed below it.
(a) Change Orders
(b) Amendments/addenda to Contract
(c) Supplementary Conditions. if any
(d) Contract with all Exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
(g) Scaled dimensions
(h) Drawings of a larger scale
(i) Drawings of a smaller scale
G) Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 -AVAILABILITY Qf LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 The OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to
be done. rights-of-way for access thereto. and such other lands which are designed for the use of the
CONTRACTOR. Easements for perm~nent structures or permanent changes in existing facilities will be
obtained and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other
access to such lands or rights-of-way for the CONTRACTOR'S convenience shall be the responsibility of
the CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal. handling and storage of materials. availability of labor. water, electric power. roads and
uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed prelirninary
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 available to it prior to receipt of bids. Any failure by the CONTRACTOR to
acquaint itself with the available information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER! CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty-eight (48) hours of its discovery. and before such conditions are
disturbed. notify the CITY in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and .
4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character prOVided for in this
Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of, or the time required for, performance of any part of the Work under this Contract, an
equitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided. however, the time prescribed therefore may be extended by
the CITY. but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE 5 ~ INSURANCE Contractor shall comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARTDCILE 6 -CONTRACTOR'S IRIESPONS6!810llTIES
SuperVision and Superintendence:
6.1 The CONTRACTOR shall supervise and direct th~ Work. It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shall be designated in writing by the CONTRACTOR. before the CONTRACTOR commences
the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the
site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and
all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to
the CONTRACTOR'S home office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications. Drawings. Addenda,
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
all changes made during the construction procE1ss. These shall be available to the CONSULTANT
and any CITY Representative at all reasonable times. A set of "As-Built" drawings. as well as the
original Specifications. Drawings. Addenda. Modifications and Shop Drawings with annotations.
shall be made available to the City at all times and it shall be delivered to the CITY upon
completion of the Project.
Labor. Materials and Equipment
6.2 The CONTRACTOR shall provide competent, SUitably qualified personnel to layout the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
diScipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials. equipment. labor. transportation. construction equipment
and machinery. tools. appliances. fuel. power. light, heat, local telephone. water and sanitary facilities and
all other facilities and incidentals necessary for the execution. testing. initial operation and completion of
the Work.
6.4 All materials and equipment shall be new. except as otherwise prOVided in the Contract
Documents. When special makes or grades of material which are normally packaged by the supplier or
manufacturer are speCified or approved. such materials shall be delivered to the site in their original
packages or containers with seals unbroken and labels intact.
6.5 All materials and equipment shall be applied. installed. connected. erected, used. cleaned and conditioned
in accordance with the instructions of the applicable manufacturer. fabricator. or processors. except as
otherwise provided in the Contract Documents.
Work. Materials. Equipment. Products and Substitutions:
6.6 Materials. equipment and products incorporated'in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials. equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal"
equipment will be approved until this list has been received and approved. by the CONSULTANT.
6.6.1 Whenever a material. article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number. it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities. quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material. article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, in the opinion of the CONSULTANT. such material. article. or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform to reqUirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged by such alterations.
at any time before completion and acceptance of the Project. All such Work shall be done at the
expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
9
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
6.6.6 Non-conforming Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements or conform to the
plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within five (5) business days by the CONTRACTOR at his own expense and redelivered and/or
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as abandoned and the CITY shall have the right to dispose' of them as its own property
and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind
for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in
the CONTRACTOR being found in default.
6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or
services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.6.8 The CITY reserves the right, in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner as requested, to obtain the good andlor services from other sources
and deducting the cost from the Contract Price without violating the intellt of the Contract.
Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the
CONSULT ANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT
determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed by them. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part
of OWNER or CONSULTANT to 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 furnish to any
Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to
the CONTRACTOR on account of specified Work done in accordance with the schedule values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the OWNER.
6.1 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 relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR
if and when directed by the CONSULTANT in writing.
6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the 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, religion, national origin, sex,
age, sexual orientation, familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
Patent Fees and Royalties:
6.1 3 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention. design, process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including attorney's
fees) arising out of any infringement of such rights during or after the completion of the Work, and shall
defend all such claims in connection with any alleged infringement of such rights.
6. 14 The CONTRACTOR shall be responsible for determining the application of patent and/or roy.i.lty rights
as to any materials, appliances, articles or systems prior to bidding. However, he shall not be responsible
for such determination on systel1Js which do not involve purchase by them of materials, appliances and
articles.
Permits:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the
CONTRACTOR. when necessary. in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
Electrical Power and Lighting:
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship. for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices, laws. ordinances. rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or DraWings are at variance therewith.
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be
contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT,
it shall bear all costs arising there from; however, it shall not be its primary responsibility to make certain
that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations.
Discrimination:
6.17 A 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 which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR. .
Safety and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6.19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or
off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees. shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
6.20 The CONTRACTOR shall deSignate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
Emergencies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is
obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the cONtRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control 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 and Samples:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six
(6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
shall be complete with respect to dimensions, design criteria, materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for review. with such promptness as to
cause no delay in Work, all samples required by the Contract Documents.
All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material. manufacturer, any pertinent catalog numbers and the use for which intended.
6:24 At, the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
reqUired by the CONSULTANT and shall return the required number of corrected copies of Shop
Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSUL T ANT, in writing, of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re-submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities. dimension.
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility
for doing so. and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements of the Work and the Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in' writing by the CONSULTANT. A copy of each Shop Drawing and each
approved sample shall be kept in good order. in a book or binder, in chronological order or in such other
order required by the CONSULTANT in writing. by the CONTRACTOR at the site and shall be available
to the CONSULTANT.
6.27 The CONSULTANTs 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.
6.27 A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
Cleaning Up:
6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the
OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material
and rubbish as well as all other material and equipment that does not form a part of the Work, from the
property. roadways. sidewalks, parking areas. lawn and all adjacent property. In addition. the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property, both
public and private. which has been disturbed or damaged during the prosecution of the Work so as to
leave the whole Work and Work Site in a neat and presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct ~~ Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous pOSition, at such locations as traffic demands. At any time that streets are required to be
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South
Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall provide on-site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the ~ublic
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of
the Supplementary Conditions (Insurance and indemnification requirements).
6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of
any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and
all claims of liability and all suits and actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the
sole negligence of OWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission is the primary cause of injury or damage.
6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all
insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused
in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors,
sub-subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused
by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
Responsibility for Connection to Existing Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings and
Specifications to prOVide a complete installation.
6.36 Excavations, grading, fill. storm drainage. paving and any other construction or installations in rights-of-
ways of streets, highways, pUblic carrier lines, utility lines. either aerial. surface or subsurface, etc .• shall be
done in accordance with requirements of the special conditions. The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work, CONTRACTOR shall present to CONSULTANT certificates. in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
6.36.1 The CITY will cooperate With the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters. pavement,
storm structures. and other items which must be established by governmental departments as
soon as grading operations are begun on the site and, in any case. sufficiently early in the
construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments. Public Utilities, Etc.:
6.37 The CONTRACTOR shall be responSible for making all necessary arrangements with governmental
departments, public utilities. public carriers, service companies and corporations (hereinafter referred to
as "third parties") owning or controlling roadways. railways. water. sewer. gas. electrical conduits,
telephone. and telegraph facilities such as pavements. tracks, piping. wires. cables. conduits. poles. guys.
etc .• including incidental structures connected therewith. that are encountered in the Work in order that
such items are properly shored, supported and Re:>tected, that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item .. The
CONTRACTOR shall give all proper notices. shall comply with all requirements of such third parties in
the performance of his Work. shall permit entrance of such third parties on the Project in order that they
may perform their necessary work. and shall pay all charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to work to be done by governmental departments. public utilities, and others in repairing or
moving poles, conduits. etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, lawS, ordinances, and
Use Premises:
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use in or upon the Work. or in any way affect the conduct of the Work, and no plea of
misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof. .
6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
its employees, subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The City will designate specific ar~as on the site for storage, parking, etc. and the job site shall be
fenced to protect the job site and the general public.
6.38.5 The CONTRACTOR shall furnish, inStall and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
facilities.
Protection of Existing Property Improvements:
6.38 Any existing surface or subsurface improvements. such as pavements, curbs, sidewalks, pipes or utilities.
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
ARTDCLE 71 • WORK BY OTHERS.
7.1 The CITY may perform additional Work related to the Project Or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWNER, if it is performing the additional
Work itselQ, reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs ..
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the OWNER, the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
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 entitles him to an extensi~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 alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR .
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of
the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations. the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice. untimely notice. failure·to respond to notice.
Defective Work or lack of coordination shall be the CONTRACTOR's cost
7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as requested. to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract
ARTOCILIE 8 -CnlYP$ RIESPQINISIBIILUTlIES.
S.I The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
S.2 In cases of termination of employment of the CONSULTANT. the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
S.3 The CITY shall prompdy furnish the data required of them under the Contract Documents.
S,4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possession of and use any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such taking possession and use shall not be deemed an
'acceptance of any Work not completed in accordance with the Contract Documents.
ARTnClE t> = CONSULTANTS' STATUS DUI!UNG COIN$TRI!.!JCTOONI.
City's Representative:
9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articles I through 16 of these General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
9.1.1 The CONSULTANTs 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 shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing
assurance for the OWNER and all applicable regulatory agencies that construction is in compliance With
the Construction Documents and applicable laws. rules and regulations. On the basis of these on site-
observations as an experienced and qualified design professional. he shall keep the CITY informed of the
progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of
CONTRACTOR.
15
Clarifications and Interpretations:
9.3 The CONSULTANT shall issue. with reasonable promptness. such written clarifications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary. which
shall be consistent with. or reasonably inferable from. the overall intent of the Contract Documents. If
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and/or interpretation. it shall be required to submit a timely claim as prOVided in
Articles 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 shall be made horizontally or vertically
as required by the item measured.
Rejecting Defective Work:
9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article I. It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site. installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work. the cost of such inspections and/or testing shall be
approved in writing by the CITY. All consequential cost of such inspections and testing. including but not
limited to the cost of testing and inspection. the cost of repairing any of the Work. or the work of others.
the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed. shall paid by the CONTRACTOR. if the Work is found to be Defective Work.
Shop Drawin~, 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.
ARTOCILIE D (& ~CHANGIE$ IN THE WORK.
10.1 Without invalidating the Contract, the CITY may. at any time or from time to time. order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change
Orders. Upon receipt of a Change Order. the CONTRACTOR. shall proceed with the Work
involved. All such Work shall be performed under the applicable conditions of the Contract
Documents. If any authorized written Change Order causes an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time. an eqUitable adjustment will be made as
provided in Article I I or Article 12. A written Change Order signed by the CITY and the
CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall
be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well
as to any change in the time to complete the Work under the circumstances. The failure to include a
time extension in the Change Order or in the request for a change order shall result in a waiver of any
extension of time due to the change in the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANTs 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 Chliimge Order within four (4) days thereafter. otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. Tile CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE i I = CHANGE OF CONTRACT PROCE.
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties. responsibilities and obligations assigned to or undertaken by the CONTRACTOR
. shall be at its expense without changing the Contract Price.
11.2 The CITY may, at any time. without written notice to the sureties. by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the Contract,
including but not limited to changes to or in:
11.2.1 Specifications (including drawings and deSigns);
11.2.2 Method or manner of performance of the Work.
I 1.2.3 CITY-furnished faci lities, equipment, materials. services, or site: or
11.2.4 Acceleration in the performance of the Work.
11.3 Except as prOVided in this section, or sections referred to in this section, no order, statement, or conduct
of the CITY shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, or as otherwise provided in another section of the Contract Documents.
11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in
writing. the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with
the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the
CONTRACTOR'S cost of, or the time required for. the performance of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable
adjustment based on the cost of the Work shall be made and the Contract modified accordingly.
11.5 If the CONTRACTOR intends to assert a claim for an eqUitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written
Change Order. submit to the CITY and CONSULTANT a written notice including a statement setting
forth the general nature and monetary extent of such claim for equitable adjustment, time extension
requested and supporting data. In determining the cost of the Change Order. the costs shall be limited to
those listed in section 11.7 and I LB.
11.6 No claim by the CONTRACTOR for an eqUitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
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 exc;eed
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:
II.B.I Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages. plus the costs of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes. workers' compensation. health and
retirement benefits. sick leave. vacation a"lltholiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
CITY and provided it was not in any way, whether in whole or in part the result of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due in whole or in part to Defective Work of the CONTRACTOR.
I 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection
therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and
offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for
items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the
CONTRACTOR 'fails to timely notify the CITY of the discounts or if the OWNER deposits funds
with CONTRACTOR with which to make payments in which cases the cash discounts shall
accrue to the OWNER. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make
provisions so that they may be obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors, for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be
substituted for the word "CONTRACTOR".
11.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by CITY with the advice of CONSULTANT, and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof -all in accordance with terms of said
rental agreements. The rental of any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
II.S.S Sales, use or similar taxes related to the Work. and for which CONTRACTOR. is liable, imposed
by any governmental authority.
II.S.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the
Work, not to exceed two percent (2%) of the increase in the Cost of the Work.
11.9 The term Cost of the Work shall NOT include any of the following:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, 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 offices other than its office 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 II.B.
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 (not to exceed 15%).
11.1 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 ~§tual net decrease in costs calculated in the same
manner as provided in 11.8. When both additions and credits are involved in anyone change. the net
shall be computed to include overhead and profit, identified separately, for both additions and credit,
provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not
performed.
ARTDClE 12 -TIME FOR COMPLETION. LIQUIDATED DAMAGES AND CHANGIE OF THE
CONTRACT TIME.
12.1 Time is of the essence to this contract and the date of beginning and the time for completion of 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 of 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 consideration 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
Contractor knew of or should have known of before bidding on the project or due to inclement weather,
except as 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 after the scheduled date for
completion as adjusted by ~ritten 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 of precisely ascertaining the amount of damages
that will be sustained as a consequence of such delay, and both parties desiring to obviate any
question or dispute concerning the amount of said damages and the cost and effect of the failure
of 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 liql!idated 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
five (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 c:laim 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 sole 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
abnormal 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 incurred
but for the delay. Other than as set forth above, the only remedy for any delay sha'il be limited to an
extension of time as provided for in Section 12.4 which shall be the sole and exclusive remedy for such
resulting delay. Other than as set forth above, CONTRACTOR shall not be entitled to an increase in the
Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential,
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 from
any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, 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 claim 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 ofthe Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department 'With the advice 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.
A~TBCllE 13 -GUARANTEE.
13.1 The CONTRACTOR shall guarantee and unconditionally warrant through either the manufacturer or the
CONTRACTOR directly; all materials and equipment furnished and Work performed for patent Defective
Work for a period of one (I) year 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 if 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 diligently 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 Performance 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 of 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 the
good or to compensation of any kind. Rejection for Non-Conforming Work or failure to meet delivery
schedules may result in the Contract being found in default.
AIFiTOCllE 04 -IJIlAYMENT$ AND COMPLETION.
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"purchase order", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made.
releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and SUitably stored at or near site.
the partial payment estimate shall also be accompanied by such supporting data. satisfactory to the CITY.
which establishes the OWNER'S title to the material and equipment as well as certificates of insurance
providing coverage for 100% of the value of said material and equipment covering the material and
equipment from all casualties as well as theft. vandalism, fire and flood. The CONTRACTOR shall replace
at its expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either
certifying in writing its approval of payment and present the partial payment estimate to the OWNER. or
return the partial payment estimate to the CON1lRACTOR, indicating in writing his reasons for refusing
to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and
resubmit the partial payment estimate. The OWNER, will within thirty (30) calendar days of presentation
to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis
of the approved partial payment estimate. The OWNER shall retain ten (10%) percent of the amount of
each payment until Final Completion and Acceptance of all Work covered by the Contract Documents.
Any interest earned on the retainage shall accrue to the benefit of the OWNER.
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indirectly, which was incorporated into the Work. If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR and such person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by
an Application for Payment whether the Work, material or equipment is incorporated in the Project or
not, shall have passed to the OWNER prior to the making of the Application for Payment, free and clear
of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to
as "Liens'1; and'that no Work, materials or eqUipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person;
Approval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, th~t 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 of 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 paid to him on account of 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 for payment
"I hereby certify that the labor and materials listed on this request for 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 make 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 same
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 CONSULTANT may refuse to approve the whole or any part of any payment if; in its opinion, it is
unable to make such representations to the OWNER as required this Section 14. It may also refuse to
approve any payment, 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 as 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 request~1 cannot be verified,
14.6.3 claims of Liens have been filed 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 accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by the CONT~CTOR, 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 of the Work provided such use does not interfere with the
CONTRACTOR's completion of 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 of 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 found 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 of 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 of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of
making payments to your organization 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 of 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 e-mail, or fax, which notifies the
CONTRACTOR that the funds have been transferred in to .the account linked to the card for the amount
listed on the invoice and/or 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 a release to the
OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously
filed 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
payment, 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 of 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 evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
14.12,4 there is Defective Work the value of 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 of 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. 22
ARTDCU: IS -SUJSPENSUON OF WORK AND TERMINATION.
15.1 The CITY may, at any time and without cause, suspend the Work or any 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 shall 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.
City 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's act, or to reorganize under bankruptcy
or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, 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,
equipment, 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 entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional serVices, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to the OWNER. Such costs incurred by the OWNER shall be determined by the
CONSULTANT and incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section 15.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days' written notice to the CONTRACTOR and the CONSULTANT, the CITY
may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work
executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or
Defective Work. No payment shall be made for profit for Work which has not been performed.
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.
Removal of EqUipment
15.5 In the case of termination" of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its eqUipment
and supplies from the property of the OWNER. Should the CONTRACTOR not remove such
equipment and supplies, the CITY shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
to such equipment or supplies. Equipment and supplies shall not be construed to include such items for
which the CONTRACTOR has been paid in whole or in part.
Contractor May Stop Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court
or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it
is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT,
within thirty (30) calendar days of its approval, an§! presentation, then the CONTRACTOR may, upon
twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the
Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If
timely remedied by the CITY, the Contract shall not be considered terminated. In lieu of terminating the
Contract, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due.
Indemnification of Independent Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request, agrees to
provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
an interpretation, de-certifies a payment application, decertifies Substantial Completion, decertifies Final
Completion. certifies an event of default, or approves any action which requires the approval of the
CONSULTANT.
ARTICLE 16 -MISCELLANEOUS.
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or
certified mail. postage prepaid, to the last known business address.
16.2 The Contract Documents shall remain the property of the OWNER. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions, if any, and the rights and remedies available hereunder, and. in particular but without .
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder, shall
be in addition to, and shall not be construed in any way as a limitation of. any rightS and remedies available
by law, by special guarantee or by other provisions of the Contract Documents.
16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of
any error, omission, or act of the other or of any of their employees or agents or others for whose acts
they are legally liable, claim shall be made in writing to the other party within twenty-one (21) calendar
days of the first observance of such injury or damage.
ARTICLE B., a WAIVER Olr JURY TRIAL.
17.1 OWNER and CONTRACTOR knOWingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE i 8 -A TIORNEY'S fEES IUIfUSIOIICTIOINlI VENUE I GOVERNING LAW.
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action ariSing out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami-Dade County, Florida.
18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out of or relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
ART8ClE 19 -IPROBECT RECORDS.
19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the
books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any
claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and
make available to CITY all such books and records and accounts, financial or otherwise, which relate to
the Project and to any claim for a period of three (3) years following final completion of the
Project. During the Project and the three (3) yea~.reriod follOWing final completion of the Project,
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.070 I) while providing services on behalf of the OWNER and the CONTRACTOR, under such
conditions, shall incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR
and its subcontractors are specifically required to: (a) Keep and maintain public records required by tHe
public agency to perfor~ the service; (b) Upon request from the public agency's custodian of public
records. provide the public agency with a 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 di!iclosed 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 of 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 all 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.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPUCATION OF CHAPTER. ~ 19, flORIDA STATUTES, TO THE
CONTRACTOR"S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OfPIl.IHI5UC RECORDS
AT l@5,",'l""l~@il E~mt§J.i~g mmel!ilefi1ldeZl@~lIJJtihJmnmmBfilQg(!l)'\f; , ! l@ $lIJJlJ'll§@t DIl"Dw®p
Soutihl Miami, tFL 3131 ~ oiJ3I.
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 .
.ARTICLE l@ = SEYIERABllrlnr.
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent,
be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall
not be affected thereby. and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 21 -INDEPENDENT CONTRACTOR.
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
CONTRACTOR, and not as officers. employees, or agents of the OWNER. Personnel policies. tax
responsibilities. social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
ARTICLE 11-ASSIGNMENT.
22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
ariSing under the terms. conditions and prOVisions of this Contract without prior written consent of the
City, Manager: The CITY will not unreasonably withhold and/or delay its consent to the assignment of the
CONTRACTOR's rights. The CITY may, .in its sole and absolute discretion. refuse to allow the
CONTRACTOR to assign its duties. obligations and responsibilities. In any event, the CITY shall not
consent to such assignment unless C'ONTRACTOR remains jointly and severally liable for any breach of
the Agreement by the assignee, the assignee meets all of the CITY's requirements to the CITY's sole
satisfaction and the assignee executes all of the Contract Documents that were required to be executed
by the CONTRACTOR
ON WITNESS WHlElRfEOIF. the parties hereto h~ve executed th~ General Conditions to acknowledge , 'lh ,... I I ' ., their inclusion as part of the Contract Documents on this ~ day of i "~;f:"i':, il, .. .(~\f' . ,20 M ,
. LO -(.
ATTESTED:
Read and Approved as to Form. Language.
legality. and Execution Thereof:
~. ~'/~'\ .... -~ -.1 ,I j
, /-')?"7t:Z 'r~"' Signature:, /, .;
City Attorney
26
IEXH~180T ~
~[J)ppDemell1tallry COfl'll<diUtUOl/15i
DMDNfiIl,{il!E DMlP'lROVfEfMlEINTS ON SW 59 TH AVENUE BETWElEfNl SW 74 STIRIEIET 8t. Sw SO
STREET
RIFf #PW10 18-1 5
A. Consultant: In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's
designated representative as identified in the Supplementary Conditions. The CONSULTANT's, if any, and
the City's Designated Representative's name, address, telephone number and facsimile number are as
follows:
Consultant: SIRS EfNlGiftlNIlElEROINlG
5001 SW 74 Court
Suite 201
Ph: 305/662-8887
Fax: 305/662-8858
B. Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULT ANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished sets of Contract
Documents without charge. Any additional copies required wil'l be furnished to the CONTRACTOR at a
cost to the CONTRACTOR equal to the reproduction cost.
D. The Scope of Sell'll ices, also referred to as the Work in the contract documents, is as set forth in the RFP
and in the attached IEXIHIDI&DT D. Attachments A, 1Bl, C & D to the lRlFf 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 EXIHIDBOT lli:o li:he IRIFIP' and if there is a conflict the attached
Exhibit shall take precedence.
F. The Work shall be completed in ~® calel11ldar 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.
HN WITINlIC$$ WHIERIEOIF, the parties hereto have executed e ~upp'lementary Conditions to
acknowledge their inclusion as part of the Contract on this 1:, {'~tJ of, / S9.V'/<.J.}J,v-, 20 kf' , _
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
CONT7T R:.)( a '» Oi v ::r:.J c ?
, '"...-t '\J
, "-
Signatu Ie: ~ , ". -IJ
\.-/ J ~ , ~ zJ'e ~./
Print Signatory's arne: 1'-1 4 (e I' -O/V
Title of Signatory: -2~-::-:,/J~f-'
OWNER: CnnrOf $OIlJ'flHl MIAIMIO
Signature: -----::c-:r')L-,-'-'-:-----
~t~vey; Alexander
,{Cit)i'Manager
" Signature~-,,7':~~~::~-:::-2-'~Y~-7;~-'
City Attorney
END OF SECTION
27