Res No 045-20-15485RESOLUTION NO: 045-20-15485
A Resolution authorizing the City Manager to negotiate and enter into a contract
with Demolition Services, inc., for the total demolition of a single-family
residence located at 6179 SW 62 Terrace.
WHEREAS, the subject single-family residence was constructed in violation of
building codes specifically by building the structure under electrical power lines; and
WHEREAS, the City moved forward with a demolition process by issuing a Request
for Proposal for the demolition of the single-family home located at 6179 SW 62 terrace
and;
WHEREAS, the City received four (4) proposal and as a result of the competitive
process the low bidder, Demolition Services, Inc., is recommended for the award; and
WHEREAS, the amount for the demolition is $7,250 and will be charged to account
610-1110-541-4670 (maintenance & repair grounds/structures) a balance of $442,293
before this request was made.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA.
Section 1. The foregoing recitals are hereby ratified and confirmed as being true
and they are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Manager is authorized to negotiate and enter into contract
with Demolition Services, Inc., for the total demolition of a single-family residence located
at 6179 SW 62 Terrace in the amount of $7,250.
Section 3. Correction. Conforming language or technical scrivener -type
corrections may be made by the City Attorney for any conforming amendments to be
incorporated into the final resolution for signature.
Section 4. 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, this holding shall not affect the validity of the remaining portions of this
resolution.
Section S. Effective Date: This resolution shall take effect immediately upon
enactment.
PASSED AND ADOPTED this 19t" day of May. 2020.
Pagel of 2
0
Res. No. 045-20-15485
ATTEST:
CITY CL RK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND EXECUTION
EXECUTION THEREQF
ICI'
CITY ATTORNEY
APPROVED:
MAYOIj
COMMISSION VOTE: 5-0
Mayor Phillips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda Rem No:1.
City Commission Agenda Item Report
Meeting Date: May 19, 2020
Submitted by: Steven Kulick
Submitting Department: City Manager
Rem Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and enter into a contract with Demolition Services, Inc.,
for the total demolition of a single-family residence located at 6179 SW 62 Terrace. 3/5 (City Manager)
Suggested Action:
Attachments:
ver2CM_Memo_DEMO OF STRUCTURE 5.11.20.docx
v2ResoIution DEMO OF STRUCTURE 5.12.20CArev.docx
PROPOSAL DEMOLITION SERVICES INC 4.30.20.pdf
E- Bid Tabulation DEMO OF BUILDING STRUCTURE RFP 4.29.20.PDF
FINALver2 4.3.20 RFP DEMOLITION OF BUILDING STRUCUTRE 6179 SW 62TERRACE carev..pdf
DEMAND STAR RFP BD 2020-104.29.20.pdf
SUN BIZ DEMO SVCS 4.30.20.pdf
It`
South Miami
TI I( (IT) ' Or PLEASA�T LIA'ING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander, City Manager
DATE: May 19, 2020
SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a
contract with Demolition Services, Inc., for the total demolition of a single-
family residence located at 6179 SW 62 Terrace.
BACKGROUND: The subject single-family residence was constructed in violation of building
codes specifically by building the structure under electrical power lines.
Therefore, the City moved forward with a demolition process by issuing a
Request for Proposal for the demolition of the single-family home located at
6179 SW 62 terrace.
As a result of a competitive process the low bidder, Demolition Services, Inc. is
recommended for the award. The bid results are below:
1. Demolition Services, Inc. $7,250.00
2. r2r Demolition, Inc. $10,200.00
3. The BG Group $11,151.00
4. Chin Diesel $16,472.84
Note: Chin Diesel made an error on the On-line Bid Tabulation. The
corrected amount is above
Amount: Seven thousand, two -hundred and fifty dollars. ($7,250.00) Charged to account
610-1110-541-4670 (maintenance & repair grounds/structures) a balance of
$442,293 before this request was made.
ATTACHMENTS: Proposal, Demolition Services, Inc.
E-Bid Tabulation
RFP #BD2020-10
Demand Star Results
Sun Biz Registration
2
l
i
PROPOSAL SUBMITTAL CHECKLIST FORM
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
This c indicates the forms and documents required to be submitted for this solicitation and to be presented
by the dea li a set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
considerati n, of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an adden ddum ; to this Solicitation. The response shall include the following items:
I
The City will only receive submittals online and electronically through
X1
the Demand Star Electronic Bid System (E-Bidding). To register as a
business, go to hM.11networkdemandstar.com/
X 1
Indemnification and Insurance Documents EXHIBIT 2
V
x I
Respondents Bid Form. EXHIBIT 3
X;
Signed Contract Documents (All — including General Conditions and
Supplementary Conditions if EXHIBIT 4, S A 6
attached)
i
X �
Respondents Qualification Statement
X
List of Proposed Subcontractors and Principal Suppliers
_
Non -Collusion Affidavit
Jj
X(
Public Entity Crimes and Conflicts of Interest
�✓
X I
Drug Free Workplace
✓ ✓
Acknowledgement of Conformance with OSHA Standards
,
i
Affidavit Concerning Federal & State Vendor Ustings
X?
Related Party Transaction Verification Form
V/
X�_
Presentation Team Declaration/Affidavit of Representation
Submit this Oe' cklist along with your proposal Indicating the completion and submission of each required forms
and/or docu inents. >
END OF SECTION
5
RESPONDENT QUALIFICATION STATEMENT
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
The response to this questionnaire shall be utilized as part of the CITYS overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed,
a) In the past 5 years
In the past 5 years On Schedule
b) In the past 10 years
In the past 10 years On Schedule
2. List the last five (5) completed similar projects.
a) Project Name:
4
4
12
12
1450 Baracoa Ave. Coral Gables, FI.
Owner Name:
City of Coral Gables - public works dept.
Owner Address:
Lis M Ferrer, P.E. - Project Engineer
Owner Telephone:
Office (305) 460-5031
Original Contract Completion Time
(Days):
60 Days
Original Contract Completion Date:
9/30/2020
Actual Final Contract Completion Date:
9/19/19
Original Contract Price:
$26,624.00
Actual Final Contract Price:
$26,624.00
b) Project Name:
5135 Orduna Drive - City of Coral Gables
Owner Name:
City of Coral Gables - public works dept.
Owner Address:
Lis M Ferrer, P.E. - Project Engineer
Owner Telephone:
Office (305) 460-5031
Original Contract Completion Time
(Days):
60 Days
Original Contract Completion Date:
8/2712018
Actual Final Contract Completion Date:
8123/18
Original Contract Price:
$21,050.00
Actual Final Contract Price
$21 050.00
t) Project Name:
1411 Mantua Avenue - Coral Gables
0
Owner Name: City of Coral Gables - public works dept.
Owner Address: Lis M Ferrer, P.E. - Project Engineer
i i'
I
t
' Owner Telephone:
Office (305) 460-5031
iOriginal Contract Completion Time
!
60 days
(Days):
g. p
Original Contract Completion Date:
I
3/30/2017
Actual Final Contract Completion Date:
3/7/2017
Original Contract Price:
i
$189877.79
i Actual Final Contract Price:
i
$18,877.79
i
d) Project Name:
1047 Venetia Avenue
Owner Name:
City of Coral Gables - public works dept.
i Owner Address:
Lis M Ferrer, P.E. - Project Engineer
Owner Telephone:
Office (305) 460-5031
i
Original Contract Completion Time
60 Days
i (Days):
Original Contract Completion Date:
i
9/30/2016
Actual Final Contract Completion Date:
9/7/2016
Original Contract Price:
$9800.00
Actual Final Contract Price:
$9800.00
e) Project Name:
l Owner Name:
Owner Address:
Owner Telephone:
Original Contract Completion Time
(Days):
Original Contract Completion Date:
i�
Actual Final Contract Completion Date:
Original Contract Price:
Actual Final Contract Price:
7
3. Current workload
Narne
51 W. Mowry Drive
Homestead, FI. 33030
OwnerProject
City of Homestead
305-224-4635
$18,750.00
350 NE 4th Rd.
Civica, LLC
305-593-9959
$20.796.76
Homestead, Fl.
4. The following information shall be attached to the proposal.
a) RESPONDENTS home office organization chart
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on -site Superintendent
5. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References:
List other Government Agencies or Quasi -Government Agencies for which you have done business within
the past five (5) years.
Name of Agency: Miami Dade College Facilities Management
Address:
Telephone No.:
305-237-2740
Contact Person: Ayman El Baz
Type of Project
total demolition of structures
H
Name of agency: .Miami Dade Expressway Authority
Address: 3790 NW 21 Street Miami, FI. 33142
Telephone No.:
Contact Person:
Type of Project
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project
305-698-7500
Carlos Pacheco
TOTAL DEMOLITION OF ALL STRUCTURES
0
LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this
Solicitation to be used on this project if they are awarded the Contract.
i
of Work
Other.
StJbC011LJ',1CL0r Name
AddressClassification
Email
Plumbing
ADR Plumbing -Corp
17313 sw 142 place
Miami FI.
305-215-9749
i
Trash disposal
Manuel Cordero .
Trucking o .
9455 NW 109 Street
Suite 101 Medley, FI
33178
(305) 888-4869
j
i
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
10
NON -COLLUSION AFFIDAVIT
STATE O0, FLORIDA
COUNTYOF MIAMI-DADE
Elvin J. Castillo being first duly sworn, deposes and states that
(1) HeJShe/They is/are the Vice President
(Owner, Partner, Officer, Representative or Agent) of
Demolition Services Inc. the Respondent that has submitted the
j attached Proposal;
(2) f He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) ; Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or
agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham
Proposal. in connection with the Work for which the attached Proposal has been submitted; or to
refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or
i indirectly, sought by agreement or collusion, or communication, or conference with any Respondent,
firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other
Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal
Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its agents, representatives, owners, employees or parties of interest, including this affiant.
Signed, seated and delivered in the presence of:
Witness
Witness i
By
Signature
Elvin J. Castillo
Print Name and Title
04/28/2020
Date
ACKNOWLEDGEMENT
i
STATE OF f LORIDA
COUNTY 6F MIAMI-DADE )
On this the 28th day of April , 2020 , before me, the undersigned Notary Public of the State
of Florida, personally Wmrg�ame(s) of individual(s) who appeared before notary)
tell �w J CC-�� and whose name(s) is/are in
instrument and he/she/they acknowledge that he/she/they executed it ,�+'"' MARAI.Ys VALDES 11
i _ .. = Notary Public - State of Florida
_;:� Commission X GG 364523
WITNESS my hand and official seal. es Aug S. 2023
N tic, State of Flo u Bonded through National Notary Assn.
i
I
NOTARY PUBUC:
SEAL OF OFFICE:
i
i
i
i
i
i
i
Notary Public Print. Stamp
(Name of or type as eommiss
XXX Personally known to me, orToga
a
Personal identification:
3 C a
a
Type of Identification Produced
g e.
N
O
Did take an oath, or
w
XX Did Not take an oath.
12
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 o� 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 ppposals 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 nQt transact business with any public entity in excess of the threshold amount Category Two of Section
287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter I I Z 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
I
THIS FOR1 MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL �kUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted to DEMOLITION SERVICES INC.
[print name of the public entity]
by Elvin J. Castillo - Vice - President
• i [print individual's name and title]
for DEMOLITION SERVICES INC.
[print name of entity submitting sworn statement]
whose business address is 150 East 63rd Sftwt - Hialeah, FI. 33013
I
anld (if applicable) its Federal Employer Identification Number (FEIN) is 20-4970780 (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States. including, but not limited to, any bid, proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes.
means a fording 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
1,11989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere.
4. ; I understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes. means:
(a). A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
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 13
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered
an affiliate.
5. ' I understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statlutes. means any natural
p�rson or entity organized under the laws of any state or of the United States with the legal power to enter
in a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
prtovislon 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.
i
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.]
i
i Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
pp Viers, shareholders, employees, members, or agents who are active in the management of the entity,
ndr 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.
_i— The entity. submitting this sworn statement, or one or more' of its officers, directors, executives,
pairtners, shareholders, employees, members, or agents who are active in the management of the entity, or
ad affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1489. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
*sion of Administrative Hearings and the Rnal Order entered by the Hearing Officer determined that it
w4s not in the public Interest to place the entity submitting this sworn statement on the convicted vendor
lis� [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID
THROUGH; DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED j TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD .AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. R CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[ ' azure]
Sworn to and subscribed before me this 28th day of April _ , 20 20
Personally �nown �
i Florida
OR Produ�ed identification Notary Public — to o
i
(Type of idg6ndfication)
Form PUR 7068 (Rev.06/ 11 /92)
i
My commission expires
(Printed, typed or stamped commissioned
name of notary public)
�f.��►j0fy'•'iON MAMYS VALDES
Notary Public• Slate of Florfda
� � Comm.
Commission �t GG 3b4523
Expfres Aug 8, 2023
Bonded throNatlor�
ugh al Notary Assn.
14
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 inone of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace
program, a business shall:
I) Publish a statement -notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that shall be taken against employees for violations of such prohibition.
2)' Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3); Give each employee engaged in providing the commodities or contractual services that are under
Bid a copy of the statement specified in Subsection (1).
4)i 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
polo 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 (S) business days
after such conviction.
SY 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 faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign this statement, I declare that I have read the foregoing statement and that the
facts stated in it are true and that this firm i n full compliance with the above requirements.
RESPONDENTs Signature:
Print Name: Elvin J. Castillo - Vice - President
Da; 04/28/2020
15
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We, DEMOLITION SERVICES INC , (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10 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 C—!V of South Miami and NIA (Consultant, if any) against any and all liability,
daims, damages, losses and expenses they may incur due to the failure of (Sub -contractor's names):
ADR Plumbing Corp, Manuel Cordero Trucking Corp.
to comply with such act or regulation.
CONTRACT
BY; Elvin J. Castillo - Vice - President
Name
Title
AC�
Witness
It
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 appears 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:
htpa/www.dms.myfiorida.com/busingm operations/state Qurchasinglve�ndo_C information/convicted susl2
ended discriminatory► cow la aims vendor ists
DECLARATION UNDER PENALTY OF PERJURY
I, Elvin J. Castillo (hereinafter referred to as the "Declarant') state, under penalties of
perjury, that the following statements are true and co DEMOLITION SERVICES INC
(1) 1 represent the Respondent whose name is
(2) 1 have the following relationship with the Respondent Vitae President (Owner (if Respondent Is a
sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General
Partner (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Liability
Company).
(3) 1 have reviewed the Florida Department of Management Services website at the following URL address:
httpJ/www.dms.myflorida.com/business operations/state_purchasing/vendor information/convicted-suspended-di
scriminatory complaints vendor lists
(4) 1 have entered an ."x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If 1 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.
Elvin J. Cas o
(Print name of )
By:
(Sigmtur& Dedarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE
On this the 28ttday of April , 20 20 , before me, the undersigned authority, personally
appeared Elvin J. Castillo who is personally know to me or who provided the
and who took an following identification Drivers License oath or affirmed that that he/she/they executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
Notary Pu"S ic, State of Florida
NOTARY PUBLIC:
SEAL =� ' ° '�. MARALYS VALVES
twotic - State of Florida
(Name of Notary ', , t+ Commission LIB GG 364523
Stamp or type as 11 n omm. Expires Aug S, 2023 17
Bonded rough National Notary Assn.
fl/
RELATED PARTY TRANSACTION VERIFICATION FORM
I Elvin J. Castillo , individually and on behalf of Demolition Services Inc.
`Firm') have Nome of Representative Company/Vendor/Entity read the City of South Miami ("City'J's Code of Ethics,
Section 8A I of the Cfty's Code of Ordinances and I hereby certify, under penalties 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 8A-1) with regard to the contract or
business that I, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
02) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% In :the Rrm, 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 of the City, [while the ethics code still applies, if the person executing this
Form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither.) 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 city, or with any person or agency acting for the city, other than as follows:
_ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference, on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement In this section (3) shall be based solely on the signatory s personal
knowledge and he/she is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and/or your Firm and the City other than the following individuals whose Interest is set
forth following their names:
(if necessary, use a separate sheet to supply additional Information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected and/or appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm.
are as follows:
(if necessary, use a separate sheet to. supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected and/or appointed official or employee.]
(5)1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract
(6)1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party 18
before any board, commission or agency of the City within the past two years other than as
follows: (if
necessary, use a separate sheet to supply additional Information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:1PurchasinglVendor Registrationl12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their Immediate family (Le., as a
spouse, son, daughter, parent, brother or sister) Is related by blood or marriage to: (i) any member of the City
Commission; QQ any city employee; or (111) any member of any board or agency of the City other than as follows:
if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line, to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent
investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties') has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following
(if
necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet. and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as
to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those
persons' immediate family.]
(9)1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the
imposition of the maximum fine -and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami -Dade County Commission on Ethics.
Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the
foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting
hereinabove and to the test of my knowledge, information and belief the facts stated in it are true and this firm is
in full compliance with a above requirements.
Signature:
Print Name & Title. Elvin J. Castillo - Vice - President
Date: 04/28/2020
W
Sec. 8A-1. - Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, In return for services rendered or to be rendered.
(8) The term "controlling financial Interest" shall refer to ownership, directly or Indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or Indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications In
response to a request by the city, or entering Into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business In which that person or a member of the immediate family has a financial
Interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered. in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities_ that may be issued by the city through
underwriters or directly from time to time.
Waiver of pmhibiddn. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that
(1) An open -!to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
Its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction, entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter. 20
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined In paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)(1) who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or
participate in any way in the matter.
(E) Gi f ks.
(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)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph (3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of.
a. An official public action taken. or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential Information.
No person Included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or Indirectly, for personal
gain or benefit
(1) Conflicting employment prohibited. 21
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required In subparagraph c. is obtained.
c- Approval of department head required. Any outside employment by any full-time city employee must first be
approved In writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penahy. Any person convicted of violating any provision of this subsection shall be punished as provided in
section 1- I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report Indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for Inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited Investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest
(1) Certain appearances and payment prohibited.
(1) No person included In the terms defined In .paragraphs (b)(1), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall- the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No.person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or Indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included In the terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or Indirectly affecting a business in which that person or any member of the immediate family has a
financial Interest A financial interest Is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt
(n) Acquiring finoncial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
Interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the dudes of 22
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after ter city service.
(1) No person included in the terms defined In paragraphs (b)(1), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(1) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described In paragraph (p)(I) in
which the city or one of its agencies is a party or has any direct and substantial Interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, Investigation, or otherwise, during his or her city service or employment A person participated "directly"
where he or she was substantially involved In the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request
Whenever any person Included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6-99-1680, § 2, 3-2-99)
Editor's note- Ord. No. 6-99-1680, § I, adopted 3-2-99, repealed §§ 8A- I and 8A-2 in their entirety and replaced
them with new §§
8A- I and 8A-2. Former §§ 8A- I and 8A-2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A- 1), 1 (1 A-2) adopted Jan.11, 1969.
23
PRESENTATION TEAM
DECLARATIONIAFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, shall not be required to pay any registration
Fees. No person shall appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, Elvin J. Castillo , makes the following
declaration under penalties of perjury:
listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME
Elvin J. Castillo - Vice - President
Maralys Valdes - President
TITLE
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 entity listed below.
Executed th s 28th day of April . 2020
Signatdfe of Representative
Elvin J. Castillo - Vice - President DEMOLITION SERVICES INC
Print Name and Title
Print name of entity being represented
END OF SECTION 24
EXHIBIT I
SCOPE OF SERVICES
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
1. Scope of Work:
Scope of work involves the total demolition of existing structure, removal of all debris
and clean -out single family residential lot at 6179 SW 62 Terrace, in South
Miami, FL 33143.
All work is to be done in accordance with requirements, guidelines and regulations
included in the State of Florida Building Code, the City of South Miami Land
Development Code and all applicable ordinances of Miami -Dade County and the City
of South Miami.
The work specified in this Request for Proposal (RFP) shall consist of furnishing all
goods, materials, supplies and services to perform the work described in this RFP.
The Work is to be performed per specifications and the contract documents. This
includes, but is not limited to the furnishing all labor of Contractor and the labor of
all allowable subcontractors, and cost of disposal of materials as well as all necessary
machinery, tools, transportation, equipment rental and permits, to perform all of the
Work described in this RFP and which is necessary to provide a completed project
that meets all of the needs described in this Scope of Services.
Prior to any digging, Respondents must locate all underground utilities and other
facilities as well as contacting Sunshine 811 to coordinate the process between
excavators and member utilities in Florida so that they can mark the approximate
location of underground lines, pipes and cables on construction site.
Work covered under this contract shall also include and is not limited to maintenance
of traffic, and off -duty Police officer if required.
Permit fees are waived for permits required for this project issued directly by the City
of South Miami Building Department. Permit fees from other government entities, if
required, shall be the responsibility of the Respondent/Contractor however, in all
cases; it is - the responsibility of Respondents/Contractors to secure any and all
permits that may be required for this project
The work associated with this project should be reflected in the
Respondent's proposal and in Exhibit 1, "Scope of Services."
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday.
11. Site Location:
The project location is a single-family home located at 6179 SW 62 Terrace, South
Miami, FL, 33143. Respondents are encouraged to visit the site prior to submitting 25
a proposal.
150
WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO
PROVIDE A LUMP SUM PRICE FOR ALL WORK, REFER TO EXHIBIT 3
CONSTRUCTION BID FORM.
111. Proiect Duration:
The time required to complete to complete all work in this project of the project is ,30
calendar days to final completion from issuance of Notice to Proceed.
NOTE: A Performance and Payment Bond is NOT required for the full amount of
the project.
END OF SECTION
26
EXHIBIT 2
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
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 of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CiTY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance In the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages Insured by usual personal
Injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, Including loss of use resulting there from; (f) claims for damages because
of bodily Injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily Injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract
F*rm'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:
' Compensation Insuran e at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount The FIRM shall further ensure that all of its Subcontractors maintain
appropriate levels of Worker's Compensation Insurance.
'al Comprehensime General L*abft insurance with broad form endorsement, as well as
` automobile liability, completed operations and products liability, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
Umbrella Commercial Comprehensive General Liability insurance shall en on a Florida approved
form with the same coverage as the primary insurance policy but in ount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded orm no more restrictive than the latest edition of
the Comprehensive General Uability policy, witho s Active endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operad eui--can.
(b) Independent Co ctors �Q, 27
(c) Products or Completed .Operations Hazard �� � nC'u JL n
�
(d) on, Collapse and Underground Hazard Coverage
road Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
Automobi[ewith minimum limits of One Million Dollars ($1,000,000.00) plus an additional
One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
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 Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where
applicable.
(fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract, involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, Including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings or structures. The policy or policies shall also cover
machinery, if the cost of machinery Is Included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the Interests of all
Subcontractors performing Work.
B. All of the provisions set forth in 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 deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to Indemnify
the City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the Insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.V11 or better per A.M. Beses Key Rating Guide, latest edition and authorized to issue
insurance In the State of Florida. All insurance policies must -be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as follows:
'"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of 28
South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property
damage', or "personal and advertising injury" and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the Intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the City."
Ev If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FiRM shall also provide Professional Uability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM Its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
Indemnification Requirement
A. The Contractor accepts and, voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or Its affected officers, affiliates, employees,
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, 29
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
n / reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
C�
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
EXHIBIT 3
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
RESPONDENTS
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit 1, Scope of Services, for the Proposed
Price as set forth below, within the Contract Time and in accordance with the other terms and conditions
of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that
a. Respondent has examined copies of all the Solicitation Documents and of the,following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No.. l or -Dated: T�� ' �j
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that
I. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and
drawings of physical conditions.
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, investigations, explorations, tests and studies in addition to or to
supplement those referred to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost; progress, performance, or the furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests, reports or similar information or data are, or will, be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre -bid marking of the construction site by any or all utility companies shall create an irrefutable
presumption that the Respondent's bid, or proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, shall not be entitled to a change
order for any such condition discovered thereafter.
iii. Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
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
31
Facilities and conditions that may affect the Work. No additional examinations, investigations,
explorations, tests, reports or similar information or data in respect to any Underground Facilities or
conditions are, or will be, required by Respondent In order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the cost of the
Work and unless the respondent makes a written request to the City for additional information prior
to submitting the bid or proposal as required In subsection ii above,
d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution Is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install
all of the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of
Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of
change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the
Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract
Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and
services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires
the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this
Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price,
otherwise, the Contract Price for the completed work is as follows:
Seven Thousand Two hundred Fifty dollars and 00/100 cents
LUMP SUM BASE PRICE: $7250.00 dollars and 00 cents
Alternates: # 1 #2
A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided.
Failure to provide this information shall render the proposal non -responsive.
5. The ENTIRE WORK for project in accordance with Exhibit i, Scope of Service4 shall be completed,
in full, within 30 d Mfrom the commencement date set forth in the NOTICE TO PROCEED. Failure to
complete the entire work during the described time period shall result in the assessment of liquidated
damages as may be set forth In the Contract
6. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT: Elvin J. Castillo / Maralys Valdes
Address: 150 East 63rd Street - Hialeah FI 33013
Telephone: -786-514-2773 Emal_ demosery(W-bellsouth.net
Facsimile:
Contact Person Elvin J: Castillo - Vice President or Maralys Valdes - President
7. The terms used in this Proposal which are defined In the Contract shall have the same meaning as is assigned
to them in the Contract Documents, unless specifically defined in this Solicitation Package.
8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that 32
all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is
Im
made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondent
Bid Form, and are made a part of this proposal, by reference.
9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the Solicitation package and I agree to be bound by those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing,
including e-mail confirmation, if any. 1 hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct.
SUBMITTED THIS 28th DAY OF April 2p 20 .
PROPOSAL SUBMITTED BY.
Demolition Services Inc. 786-514-2773
Company Telephone Number
Elvin J. Castillo
Name of Person orized to Submit Proposal Fax Number
DEMOSERV@BELLSOUTH.NET
Signature Email Address
Vice President
Title
END OF SECTION
M
33
South Miami
��OM
ADDENDUM No. #1
Project Name:
DEMOLITION OF STRUCTURE ON 6179 SW 62 TERRACE
RFP NO.
BD2020-10
Date:
April 16, 2020
Sent
FwdE-mail/webpage
This addendum submission Is issued to clarify supplement and/or modify the previously issued
Sciidmdon, and Is hereby made part of the Documents. All requirements of the Documents not
modified herein shall remain In full force and effect as originally set forth. It shall be the sole
responsibility of the bidder to secure Addendums that may be issued for a spedfic solicitation.
QUESTION #1:
Please clarify if the above -mentioned project has to be sodded after demolition Is complete, if so what
type of ground cover is required?
R9SPONSE•
Please be advised that all construction debris shall be removed from site and grading shall match
surrounding conditions, In accordance with Florida Building Code 3303A Vacant lot; "Mere a
structure has been demolished or removed the vacant lot shag be flUeed and maintained to the existing grade or
in accordance with the ordinances of the jurisdictrc' n having authority."
QUESTION 2:
Is tfie property on septic tank or connected to City sewer?
RESPONSE:
The property is not connected to a septic tank system but Is connected to County sewer.
OWESTION 3•
Is there an asbestos survey available?
RESPONSE:
Anfasbestos survey is not available, nor is an asbestos report required for demolition of a single-family
r% Wdence.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUM THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 of 1
34
South Miami
1FIE aTY OF KE"AW i=4G
ADDENDUM No. 82
Project Name: DEMOLITION OF STRUCTURE ON 6179 SW 62 TERRACE
RFP NO. BD2020-10
Date: April 23, 2020
Sent FwdE-ma!Vwebpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents not
modified herein shall remain in full force and effect as originally set forth. It shall be the sole
responsibility of the bidder to secure Addendums that may be issued for a specific solicitation.
BID OPENING VIA VIDEO CONFERENCING:
The opening of E-Nds for this solicitation will occur at 10:30 A.M. local time on (the Closing
Date, April 29, 2020. The City Clerk will conduct the Bid Opening through video conferencing using
the Zoom platform. Members of the public may view the meeting via Zoom at
(httas:&wom.usls130S6636332), or listen to the meeting on a dedicated phone line by dialing + 1-786-
635-1003 Meeting ID: 3056636339.
SUBMITTAL DUE DATE IS 10:00 AM LOCAL TIME ON APRIL 29, 2020
Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time
(the "Closing Date") on April 29, 2020 and any Proposal received by the City through
DemandStar after 10:00 am. local time on said date will L not be accepted under any circumstances.
Hand delivery will not be accepted.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Page 1 of I
35
Demolition Services Inc.
Exhibit A
Oa1a: 04W20 Proposal / Contmet No. 2101
Customer. Tel: Project: RFP#BD2020-10
City of South Miami M: - Demolition of building structure on
Nkenga A Payne, CMC Email: Via demandwar 6170 SW 62nd Terrace
City Manager South Miami, FI.
Scooe of War*;
Per RFP #BD2020-10
Total demolition of single family residence complete with foundations to a maximum depth of three feet below grade
Removal of concrete concrete slabs, concrete steps and walkways.
Removal and disposal of all demolition debris leaving area rough graded by dozer.
Demolition contractor will mark all underground utilities prior to demolition (811 Sunshine One Call Ronda)
Coordination of all utility disconnections and obtain termination of service letters
Demolition pemEd: Secure demolition permit and coordination of unity disconnections.
Plumbing: Plumbing disconnection and permit (based on (1) sewer cap and (1) plumbing permit
Electrical: Meter removal by fpl and secure eledricel permit
Mechanical: -NOT APPLICABLE (no a/c units on site).
Obtain all necessary inspections
Sir others: Placement of temporary construction fence and Permit by gc / owner
Total $7250.00
Based on one mobilization, all salvage by demolition contractor, no tree removal
Pe7menttenns: Pmgresspayments
General Contractor / Owner provide:
f2) Original signed and sealed property surveyS.
Standard Exclusions and Conditions:
Unsafe structure fees by gc / owner (if applicable)
Bonds and waiver of subrogation not included
Insurance: based on existing Insurance coverage (additional Insurance requirements to be quoted separately).
Removal of pilings / piling extractor
Based on regular working hours (no overtime included in this estimate).
bonds by owner (if applicable)
Asbestos / Lead abetment, air monitoring
Removal of Haz-Mat (i.e. PCB'S, lead, etc.)
Tree removal, tree permits, placement of sod or grass seed after denolltion.
freon recovery, mechanical permits
punping storm water with vector lack, sill fencing, drain gutter covers as required by municipality
Installation of temporary fence, sift fence and/or placement of portable toilet
Tenpomry barricades. public protection, pedestrian passage ways, temporary closures, silt fence, lack wash area
Removal of furniture inside buildings, removal of underground storage tanks.
Rodent inspections
Construction gravel entrance (if required by municipality).
Bade -fill material / compacting, excavation, dewatering
Under this work no fill material shall be taken from nor delivered to the site by Demolition Services Inc.
Demolition contractor not responsible for any water damage
Ttus estimate is based on Demolition Services Inc. heavy equipment having unrestricted access to tlx: project property.
Unforeseen conditions: Additional work due to unforeseen conditions to be quoted separately
Demolition Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, ads of god, illness, injury, or
general unavailability of materials, equipment and/or machinery.
SOIL CONDITIONS: Demolition Contractor shall have no responsibility for the condition of the soils at the Work Site. Any excavation or other work
required by Owner not specified in this proposal other than the usual and customary excavation and grading not Included.
Submitted by.
De naltdon Services Inc.
f—l. e"06
Elvm J. Castillo / Merely$ Valdes
cc*OSBS01017
36
P.O. Box 133130
Hialeah, Florida 33013
Tel: 305-828.3787 Fax 305828-9767
007176
Local Business Tax Receipt
Miami -Dade County, State of Florida
—THIS IS NOT A BILL — DO NOT PAY
5854311
BUSINESS NAME/LOCATION
DEMOLITION SERVICES INC
150 E 63RD ST
HIALEAH FL 33013
RECEIPT NO. EXPIRES
RENEWAL SEPTEMBER 30, 2020
6104897 Must be displayed at place of business
Pursuant to County Code
Chapter 8A — Art. 9 & 10
OWNER SEC. TYPE Gr BUSINESS PAYMENT RECEIVED
DEMOLITION SERVICES INC 196 SPECIALTY BUILDING CONTRACTOR BY TAX COLLECTOR
06BS01017" $45.00 07/15/2019
Worker(s) 1 CREDITCARD-19-056437
This Local Business Tax Receipt only confirms payment of the Local Business Tax. The Receipt is not a license,
permit, or a certification of the holder's qualifications, to do business. Holder must comply with any governmental
or nongovernmental regulatory laws and requirements which apply to the business.
The RECEIPT NO. above must be displayed on all commercial vehicles — Miami —Dade Code Sec 8a-276.
For more information, visit www.miamidade.gov/taxcollector
BUSINESS CERTIFICATE
I
CT B I
Construction Trades ualifying Board
OF COMPETENCY
06BS01 017
DEMOLITION SERVICES INC
D.B.A.:
VAMES MARALYS
is certified under the provisions of Chapter 10 of Miami -Dade County
ACOO DICERTIFICATE OF LIABILITY INSURANCE
DATE(M 1w0202D )
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on
this certificate does not confer rights to the certificate holder in Ileu of such endorsemen s .
PRODUCER ALL CITY INSURANCE INC.
1400 NW 107th AVE
SUITE 210
OORAL FL 33172-
CONTACT INGRID HERRERA
PHONE FAX jAle,PAX .(305)Q"797
E-MAILADDREGMAIL@ALLCITYINS.COM
AFFORDING COVERAGE
INSURERA;GEMINI INSURANCE COMPANY
10833
INSURED
DEMOLITION SERVICES INC
PO BOX 133130
Hialeah FL 33013-
INSURER a: PROGRESSIVE EXPRESS INSUR
INSURER C
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR
TYPE OF INSURANCE
ADDLISU13R
POLICY NUMBER
POLICY EFF POLICY EXP
(MWn0MYy) (MMMWYWY)LIMITSA
X COMMERCIAL GENERALLIABILITY
CLAIMS -MADE � OCCUR
X
X
VGGPOO4370
08M312019 08/1312020
EACH OCCURRENCE
1,000,000
DAMAGES ( Fa 0=ffamyl)RENTED
S 50,000
MED EXP one
EXCL
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X I POLICY JECT LOC
GENERAL AGGREGATE
S 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE LIABILITY
j ANY AUTO
I OWNED j( SCHEDULED
AUTOS ONLY AUTOS
X HIRED X NON -OWNED
AUTOS ONLY AUTOS ONLY
I I
02615834-1
0811512019 i0811512020
COMBINED SINGLE LIMIT
$ 1,000,000
BODILY INJURY (Per person)
S
BODILY INJURY (Per acdderd)
S
PROPERTY DAMAGE
(Par 2cciderd
S
$
UMBRELLA UAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
AGGREGATE
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WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE U
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF DW
N 1 A I
1
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E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
S
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
The City of South Miami is listed as additional Insured when required by written contract and coverage is primary and noncontributory. Waiver of
subrogation in favor of additional insured.
City of South Miami
Building Department
6130 SUNSET DRIVE
MIAMI
AI 000075
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
FL 33143- I AUTHORIZED REPRESENTATIVE
39
0 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD
ACa CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
o4/27/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy Lies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS
WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate haider in lieu of such endorsement(s).
PRODUCER
FrankCrum Insurance Agency, Inc.
100 South Missouri Avenue
Clearwater FL 33756
CONTACT NAME:
PHONE (AIC, No Ext : 800 277-1620 X 48W FAX (AIC. No): 7 717-0704
E-MAIL ADDRESS:
INSURERS AFFORDING COVERAGE
NAICO
INSURER A: Frank Winston Crum Insurance Company
11600
INSURED
FrankCrum1 L/C/F Demolition Services, Inc.
100 South Missouri Avenue
Clearwater FL 33756
INSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 606232 REVISION NUMBER: 1
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSRD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MMMc1YYYY)
POLICY EXP
(MMIDD/YYYY)
LIMBS
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EACH OCCURRENCE
S
CLAIMS -MADE OCCUR
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PREMISES Me oocurrence
S
MED EXP (Any one person)
$
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$
L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
S
GEN
POLICY PROJECT [::]LOC
PRODUCTSCOMP/OPAGG
S
S
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident
S
BODILY INJURY JPerperson)
S
cW AUTO
OWNED AUTOS SCHEDULED
BODILY INJURY (Per accident)
$
ONLY AUTOS
KIRED AUTOS NON -OWNED
ONLY AUTOS ONLY
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$
S
JMBRELLA LIAB
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OCCUR
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= (CESS LIAR
DED RETENTION S
S
A
VWORXVM COMPENSATION AND
EMzLCYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE YM
OFFtCHRIMEMBER EXCLUDED? a
N/A
WC202000000
01/01/2020
01/01/2021
X
PER STATUTE
o
ERR
EL EACH ACCIDENT
S11000 OOO
(Msrt=ory In NH)
If yem cesatbe under
E.L. DISEASE -EA EMPLOYEE
S1.000.1300
DESMPTION OF OPERATIONS below
E-L. DISEASE -POLICY LIMIT
S1.000.0D0
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required)
Effective 04/23/2007, coverage is for 100°% of the employees of FrankCrum leased to Demolition Services, Inc. (Client) for whom the client is reporting hours to
FrankCrum. Coverage is not extended to statutory employees. 30-day notice of cancellation, 10-day notice of cancellation for non-payment.
Re: 6179 SW 62 Terrace; RFP #BD2020-10
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
City of South Miami. 4)
Building Department. AUTHORIZED REPRESENTATIVE
6130 Sunset Drive
South Miami, FL 33143
01988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
Tabulation Sheet
Agency Name
City of South Miami
Bid Number
RFP-RFP B02020-10-0-2020/SK
Bid Name
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
Bid Due Date
4/29/2020 10:00:00 AM Eastern time
Bid Opening
Closed
S responses found.
✓ online, L:I of rne, a not submitting, 9 not received
1.
Chin Diesel, Inc.
4/23/2020
4:07:53 PM
L820 NE 144th St.
North Miami, FL 33181
S1,647,284.00
Bidding Document
✓
2.
Demolition Services Inc.
4/28/2020
2:23:50 PM
PO Box 133130
Hialeah, FL 33013
#7,250.00
Bidding Document
✓
3.
Paragon Construction
4/28/2020
9:16:07 PM
po box 823491
Pembroke pines, FL 33082
514,900.00
Bidding Document
✓
4.
r2r demolition inc
4/28/2020
11:36:36 PM
2000 nw lath st
pompano beach, FL 33069
$10,200.00
Bidding Document
L-]'
5.
The BG Group
4/28/2020
3:44: 11 PM
15560 Lyons Road
Delray Beach, FL 33446
S11,151.00
$2,690.00
Bidding Document
✓
41
YCASoutiami
TI if CITY Of PLEASANT IIVING
CITY OF SOUTH MIAMI
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
SUBMITTAL DUE DATE: April 29, 2020 at 10 AM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City
Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for
Proposals" or "RFP"). All references in this Solicitation (also referred to as an "Invitation for Proposals" or
"Invitation to Bid) to "City" shall be a reference to the City Manager, or the managers 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 #BD2020-10 "DEMOLITION OF
BUILDING STRUCTURE ON 6179 SW 62 TERRACE." 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), and Respondent's Cost and Technical Proposal, or the plans and/or specifications, if any, described in this
Solicitation (hereinafter referred to as "the Project" or "Project").
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by
accessing the following webpage: http://www.southmiami0.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 City will only receive submittals electronically through the DemandStar Electronic Bid System
(E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering
and signing into your DemandStar user account on the next page following this Solicitation Cover Letter.
Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the
"Closing Date") on April 29, 2020 and any Proposal received by the City through DemandStar after 10:00 a.m.
local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted.
The City reserves the right to award the Project to the person with the lowest, most responsive, responsible
Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all
proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject
also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other
than to the one who provided the lowest Proposal Price and, 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
42
DemandStar Registration and User Account Sign -in Directions
The following is an example of the procedure on April 3, 2020 and it is subject
to change after that date.
Go to https://network.demandstar.com/ which on April 3, 2020 brings up the
following message.
DemandStar is committed to helping all government agencies source qualified
suppliers for COVID-19 emergency response.
Governments Suppliers
If you area government agency who needs Bidding
If you are a business who can help respond to the
capability to receive supplier responses online, please
many emergency response bids on the DemandStar
fill out this form and we will get back to you
network, please click here to create your account and
immediately. Ebidding is offered at no charge to
get notified of bidding opportunities.
governments.
DEMANDSTAR
If you do not have an account with DemandStar, click on "Create Your
Account" otherwise, if you have an account, click on the "x" in the upper right-hand
corner of this message and it will bring you to the following user sign in page.
.,.. DE; W DSIAP I x,,,�,.
43
SCOPE OF SERVICES and SCHEDULE OF VALUES
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I.
END OF SECTION
EXHIBIT 4
CONSTRUCTION CONTRACT
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #6132020-10
THIS CONTRACT was made and entered Into on this between
DEMOLITION SERVICES. 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'l.
WITNESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with 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 eels 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
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 dace 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. 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: See note: Contractors
Seven Thousand Two Hundred and fifty Dollars ($7.250.00) Exhibit A to
("Contract Price"). Respondents Bid Form
S. 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 V' j0g#12,
be performed after regular working hours. In such event, the Respondent shall have no right to additional
compensation for such work However, nothing contained herein shall authorize work on days and during
hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by
the City.
6. If the Work is expected to require more than one month, Owner shall make monthly partial payments to
the Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by Owner until completion and acceptance of the complete project in
accordance with this Contract and the other Contract Documents and until such Work has been accepted
s
by the City.
7. Upon submission by the Contractor of evidence satisfactory to 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 seventy five (75) calendar days after the completion by the
Contractor of all Work covered by this Contract and the acceptance of such Work by Owner.
8. The Work shall be completed in 30 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 $500.00 dollars per day, plus any monies paid by
Owner to the Consultant, if any, for additional engineering and inspection services, if any, associated with
such delay.
9. It is further mutually agreed between the parties hereto that 9 a Payment and/or Performance Bond ("Bond's
is required and if, at any time after the execution of this Contract and the Bond for its faithful performance
and payment, the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for
any reason such bond ceases to be adequate to cover the performance of the Work or payment to
subcontractors and suppliers, the Contractor shall, at its expense within five (5) business days after the
receipt of notice from the City so to do, furnish an additional bond or bonds In such form and amount and
with such Surety or Sureties as shall be satisfactory to the City. In such event, no further payment to the
Contractor shall be deemed to be due under this Contract until such new or additional security for the
faithful performance of the Work is furnished in the manner and In the form satisfactory to the City.
10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance
of the work, by appropriate action by the City and In accordance with the Contract Documents.
I I.The date that this contract was "made and entered into" and Its effective date is the date that the contract is the
signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the
Effective Date is the date of the resolution approving the Contract whichever is the later date.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set
forth next to their name below and may be signed in one or more counterparts, each of which shall, without proof
or accounting for the other counterpart, be deemed an original Contra fo /'
CONTRACTOR: `�"�"^a�lbo—12Yvt*Z' —
Signature: J�
Print Signatory's Name: QUA 3 a
Title of Signatory. �'' ��� Irkf%ZO
ATTESTED: OWNER: CITY OF SOUTH MIAMI
Signature: l Signature..2SJY
Nkenka Payn Shari Karnali
City Clerk City Manager
Read and Approved as to Form, Language,
Legality, and Execution Thereof.
Signature:
City Attorney
s
EXHIBIT 5
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
ARTICLE I — DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have
the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to
this Article for the purpose of interpreting a word or group of words in that section of the Contract Document.
However, when the section of the Contract, where the word to be defined is used, does not specifically refers to
this Article to define the word or group of words, the definitions contained in this Article shall not apply unless
the word or group of words, in the context of it or their use in the Contract Document in question, is/are
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of these terms:
ddend • Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, clarifications or correction.
Application for Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments.
M 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 OWNER's solicitation for proposals or bids for
Work.
Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including
the instructions, form of documents and affidavits.
Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of Florida.
Change Order: A written order to the CONTRACTOR signed by the City Manager authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract.
Work Order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by OWNER to the CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations, and the timeframe for completing the work.
Q:t)r, The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager's
designee, unless the context wherein the word is used should more appropriately mean the City of South Miami.
City Manager: Includes the City Manager's designee.
Construction Observer: An authorized representative of the CONSULTANT, if any, or otherwise a
representative of OWNER 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 OWNER and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the
General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications to any of the Contract Documents.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of OWNER.
CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract.
CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
OWNER's designated representative as identified in the Supplementary Conditions.
A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it shall be presumed
to be a calendar day unless specifically designated as a business day.
Dom: The number of twenty-four (24) hour periods following the event to which the word "days" refers
commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or
allowed by the Contract Documents, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included unless it is a
Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next business day that is
not a Saturday, Sunday or legal holiday.
Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any applicable inspection, reference standard, test, or approval
referred to in the Contract Documents, or has been damaged prior to the CONSULTANT'S recommendation of
final payment (unless responsibility for the protection thereof has been delegated to 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 City Manager
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 OWNER).
Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon
compliance with the conditions precedent to be fulfilled by it within the time specified, City Manager will execute
and deliver the Contract to him.
Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT)
fixing the date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to
perform its obligations under the Contract Documents.
Owner, The City of South Miami.
Person: An individual or legal entity.
Pro'e • The entire construction operation being performed as delineated in the Contract Documents.
Pali 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 Drawings All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by
the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment,
material or some portion of the work and as required by the Contract Documents.
Sam • Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Completion; The date, as certified by the CONSULTANT, when the construction of the Project or a
certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or
a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date
when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by City Manager to be minor "punch list" work.
Sub Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an item, but who does not perform labor at the site of the Work.
Surety The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion
of the Contract
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or
corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing, any notice to or demand upon OWNER under this Contract shall be delivered to City Manager
and the CONSULTANT.
ARTICLE 2 — PRELIMINARY MATTERS
Award:
2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids shall be
awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award shall be
given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the
satisfaction of the City Manager, 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 Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole
discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to
perform the work. In analyzing a Bid, the City Manager may also take into consideration alternate and unit
prices, if requested by the Bid forms. If the Contract is awarded, the City Manager 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 Manager 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 SecuriWPerformance and Payment Bond, if an, are re 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 (1007o) 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 Manager 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.S 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 OWNER 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 Manager to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
Contractor's Pre -Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data with
the requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article 1), prior to
the date on which the Contract Time commences to run, except with the written consent of the City
Manager.
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 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 Manager 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 Manager 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 OWNER'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 Manager 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 Manager or the CONSULTANT has reasonable objection to
any Subcontractor, person, or organization on such list. The failure of the City Manager 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 OWNER or the CONSULTANT to reject defective Work, material or equipment, or any
Work, material or equipment not in conformance with the requirements of the Contract Documents.
2.11 If, prior to the Notice of Award, the City Manager or the CONSULTANT has reasonable objection to
any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without an increase in its bid price.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
ARTICLE 3—CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between 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
OWNER shall apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If the CONTRACTOR is prevented from complying with this provision due to the Drawings or
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such
limitations before proceeding with construction in the area where the problem exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or
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 all the documents listed below it.
(a) Change Orders
(b) Amendments/addenda to Contract
(c) Supplementary Conditions, if any
(d) Contract with all Exhibits thereto
(e) General Conditions
(f) Written or figured dimensions
(g) Scaled dimensions
(h) Drawings of a larger scale
(i) Drawings of a smaller scale
0) Drawings and Specifications are to be considered complementary to each other
ARTICLE 4 — AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS
Availability of Lands:
4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be
done, rights -of -way for access thereto, and such other lands which are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by 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 Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal, handling and storage of materials, availability of labor, water, electric power, roads and
uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an inspection of the site,
including all exploratory work done by 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. OWNER assumes no responsibility for any
conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by 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 Manager 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 Manager 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 Manager, but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE S — INSURANCE Contractor shall comply with the insurance requirements set forth in the
Supplementary Conditions to the Contract.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and
maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor" at the Work
site who shall be designated in writing by the CONTRACTOR, before the CONTRACTOR commences
the Work and within the time required by the Contract, as the CONTRACTOR'S representative at the
site. The Supervisor or so designated shall have full authority to act on behalf of the CONTRACTOR and
all communications given to the Supervisor shall be as binding as if given to the CONTRACTOR. The
Supervisor(s) shall be present at each site at all times as required to perform adequate supervision and
coordination of the Work. (Copies of written communications given to the Supervisor shall be mailed to
the CONTRACTOR'S home office).
6.1.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
all changes made during the construction process. These shall be available to the CONSULTANT
and any OWNER 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 City Manager at all times and it shall be delivered to the City Manager
upon completion of the Project
Labor. Materials and Equipment:
6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing, initial operation and completion of
the Work.
6.4 All materials and equipment shall be new, except as otherwise provided in the Contract
Documents. When special makes or grades of material which are normally packaged by the supplier or
manufacturer are specified or approved, such materials shall be delivered to the site in their original
packages or containers with seals unbroken and labels intact
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as
otherwise provided in the Contract Documents.
Work. Materials. Equipment Products and Substitutions:
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform to requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged by such alterations,
at any time before completion and acceptance of the Project All such Work shall be done at the
expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
6.6.6 Non -conforming Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements or conform to the
plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within five (5) business days by the CONTRACTOR at his own expense and redelivered and/or
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as abandoned and OWNER 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 OWNER reserves the right, in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract.
Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the City Manager or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the City Manager and the CONSULTANT, unless the
CONSULTANT determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed by them. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part
of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or
organization, except as may otherwise be required by law. City Manager 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 OWNER.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that City
Manager may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The City Manager 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 Ro Iva ties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including attorneys
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 royalty rights
as to any materials, appliances, articles or systems prior to bidding. However, he shall not be responsible
for such determination on systems which do not involve purchase by them of materials, appliances and
articles.
Permits:
6. I S 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 OWNER and when so stated
in the Special Conditions, there will be no charges to the CONTRACTOR. The City Manager 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:
6.17A No action shall be taken by the Contractor with regard to the fulfilment of the terms of the Contract,
including the hiring and retention of employees for the performance of Work that would discriminate
against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation,
familial status or disability.
Taxes:
6.18 Cost of all applicable sales, consumer use, and other taxes for which the CONTRACTOR is liable under
the Contract shall be included in the Contract Price stated by the CONTRACTOR.
SafM 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 Manager.
Emergencies:
I . 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 Manager, is
obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract
Documents caused thereby. If the CONTRACTOR believes that additional Work done by him in an emergency
which arose from causes beyond his control entities him to an increase in the Contract Price or an extension
of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. The City Manager
reserves the right, in the manager's sole and absolute discretion, to suspend the work or services or cancel this
contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that
has been declared by the Governor, Mayor of Miami -Dade County or by the City Manager pursuant to the
manager's Emergency Management powers set forth in Ch. 14 of the City's Code of Ordinances.
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 CONSULTANT, in writing, of any prior Shop Drawing or revisions to
Shop Drawings that are in conflict with each submission or re -submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to OWNER and the
CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility
for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements of the Work and the Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each
approved sample shall be kept in good order, in a book or binder, in chronological order or in such other
order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available
to the CONSULTANT.
6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27A The CONTRACTOR shall be liable to 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
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 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, OWNER may clean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to ensure 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 ail personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and 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 the City Manager, shall defend
such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided
above shall obligate CONTRACTOR to defend at its own expense or to provide for such defense, at
OWNER'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. 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 OWNER will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement,
storm drainage structures, and other items which must be established by governmental
departments as soon as grading operations are begun on the site and, in any case, sufficiently early
in the construction period to prevent any adverse effect on the Project
Cooperation with Governmental Departments, Public Utilities, Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
etc., including incidental structures connected therewith, that are encountered in the Work in order that
such items are properly shored, supported and protected, that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of
misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
Use Premises:
6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, 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 the City Manager 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 Manager will designate specific areas on the site for storage, parking, etc. and the job site
shall be fenced to protect the job site and the general public.
6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
facilities.
Protection of Existing Property Improvements:
6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
ARTICLE 7 - WORK BY OTHERS,
7.1 OWNER 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 OWNER, if it is performing the additional Work
itself), reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or 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 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 OWNER or others will cause the CONTRACTOR additional
expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided
in Articles I I and 12.
7.5 Where practicable, the CONTRACTOR shall build around the work of other separate contractors or
shall leave chases, slots and holes as required to receive and to conceal within the general construction
Work the work of such other separate contractors as directed by them. Where such chases, slots, etc.,
are impracticable, the Work shall require specific approval of the CONSULTANT.
7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate
contractor requiring such alterations after approval of the CONTRACTOR. The CONTRACTOR shall
do all patching and finishing of the work of other contractors where it is cut by them and such patching
and finishing shall be at the expense of CONTRACTOR
7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each
contractor shall coordinate their operation with those of the other Contractors for the best interest of
the Work in order to prevent delay in the execution thereof.
7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the.
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost
7.10 The City Manager reserves the right in the event the CONTRACTOR cannot provide an item(s) or
services) in a timely manner as requested, to obtain the good and/or services from other sources and
deducting the cost from the Contract Price without violating the intent of the Contract.
ARTICLE 8 — CITrS RESPONSIBILITIES,
8.1 The City Manager will issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment of the CONSULTANT, the City Manager will appoint a
CONSULTANT whose status under the Contract Documents shall be that of the former
CONSULTANT.
8.3 The City Manager shall promptly furnish the data required of them under the Contract Documents.
8.4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
• 8.5 OWNER shall have the right to take possession of and use any completed or partially completed portions
of the Work, notwithstanding the fact that the time for completing the entire Work or any portion
thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of
any Work not completed in accordance with the Contract Documents.
ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION,
Cit�s Representative:
9.1 The CONSULTANT shall be OWNER'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as OWNER'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 Manager and the CONSULTANT.
9.1.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms
of the Contract Documents.
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other
matters in question between OWNER 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 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 Manager informed
of the progress of the Work and shall guard OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and Interpretations:
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and/or interpretation, it shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of 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 Manager. All consequential cost of such inspections and testing, including
but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work
of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until
the repair work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective
Work.
Shop Drawings Change Orders and Payments:
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.25 through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, 11, and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article 14.
Decisions on Disagreements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 -CHANGES IN THE WORK.
10.1 Without invalidating the Contract, the City Manager 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 Manager and the
CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall
be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well
as to any change in the time to complete the Work under the circumstances. The failure to include a
time extension in the Change Order or in the request for a change order shall result in a waiver of any
extension of time due to the change in the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Field Order would entitles the
CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a
written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The City Manager will execute appropriate Change Orders prepared by the CONSULTANT covering
changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an
emergency as provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the
Contract Time or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the City
Manager before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE I I — CHANGE OF CONTRACT PRICE,
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be at its expense without changing the Contract Price.
11.2 The City Manager 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.
1 1.2.3 OWNER -furnished facilities, equipment, materials, services, or site; or
1 1.2.4 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 Manager 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 Manager or issued by the
City Manager 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 Manager 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 Manager and CONSULTANT a written notice including a statement
setting forth the general nature and monetary extent of such claim for equitable adjustment, time
extension requested and supporting data. In determining the cost of the Change Order, the costs shall be
limited to those listed in section 11.7 and 11.8.
11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
11.7.1 By negotiated lump sum.
11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a
mutually agreed upon fee to the CONTRACTOR to cover overhead and profit not to exceed
15%. If the CONTRACTOR disagrees with the CONSULTANTS determination of reasonable
costs, the CONTRACT shall provide a list of all costs together with backup documentation
11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by the
CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed
to in writing by City Manager, such costs shall be in amounts no higher than those prevailing in Miami -
Dade County and shall include only the following items:
1 1.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by City
Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work
shall be apportioned on the basis of their time spent on the Work. Payroll costs shall be limited
to: salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
OWNER 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.
1 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 Manager of all cash discounts that are
available and offer OWNER 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 Manager of the discounts or if OWNER
deposits funds with CONTRACTOR with which to make payments in which cases the cash
discounts shall accrue to 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.
1 1.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by City Manager, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to City Manager 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 Manager. 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".
1 1.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental agreements
approved by City Manager 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.
1 1.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
1 1.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
1 1.8.7 The cost of utilities, fuel and sanitary facilities at the site.
1 1.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
1 1.8.9 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:
1 1.9.1 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 11.5.
1 1.9.2 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.
1 1.9.4 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).
1 1.9.5 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.
1 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraph 11.8.
11.10 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for its overhead and profit shall be
determined as follows:
1 1.10.1 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%).
11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in
a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same
manner as provided in 11.8. When both additions and credits are involved in any one 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.
ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE 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 City Manager, 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 Manager, then the CONTRACTOR shall pay to 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 written Change Orders that extended the completion date.
12.3.1 These amounts are not penalties but are liquidated damages incurred by 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 Manager is authorized to deduct the liquidated damages from monies due to
CONTRACTOR for the Work under this Contract
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the City Manager 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 Manager. 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 damage claim for delay is allowed and the CONTRACTOR's sole remedy for delay caused by
OWNER 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 shall 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 City Manager in writing on or before the
21 st 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 of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot
be resolved by agreement, then the department with the 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.
ARTICLE 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 (1) 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 City Manager, 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 City Manager, whichever is applicable and if more than one is
applicable, the one that is issued last, for latent Defective Work. The City Manager 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 Manager 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 Manager 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 OWNER, at the City Manager'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 Manager 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 City Manager
shall have the right to dispose of them as its own property and the CONTRACTOR thereby waives any
claim to the good or to compensation of any kind. Rejection for Non -Conforming Work or failure to
meet delivery schedules may result in the Contract being found in default.
ARTICLE 14 - PAYMENTS AND COMPLETION.
ftyments 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 City Manager
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
Manager, which establishes OWNER's title to the material and equipment as well as certificates of
insurance providing coverage for I GO% 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 City Manager, or return the partial payment estimate to the CONTRACTOR, indicating in writing his
reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the
necessary corrections and resubmit the partial payment estimate. 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. City Manager 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 OWNER.
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the City Manager 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 Manager shall have the right to issue a joint check made
payable to the CONTRACTOR and such person.
14.3 Punch list
City Manager and CONTRACTOR shall develop a single list of items required to render complete,
satisfactory, and acceptable the construction services purchased by the local governmental entity. Within
30 calendar days after reaching substantial completion of the Project, City Manager shall prepare a punch
list of items that need to be completed and, within 5 days after the list of items has been developed and
reviewed, the City Manager shall deliver the punch list to CONTRACTOR. If the Project relates to more
than one building or structure, or involves a multiphase project, the City Manager shall prepare a separate
punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of
substantial completion of such building, structure and phase. [See Sec. 255.07, Fla. Stat.]
The final contract completion date may not be less than 30 days after the delivery of the list of items. If
the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by
the number of days OWNER exceeded the required delivery date.
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 OWNER prior to the making of the Application for Payment, free and clear of
all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as
"Liens'); and that no Work, materials or equipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to OWNER, based on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, that the Work has progressed to the point indicated in the Application for Payment; that, to the
best his knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as
defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount
approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed
to have represented that he made exhaustive or continuous on -site observations to check the quality or
the quantity 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 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 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 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 OWNER from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement,
14.6.2 the Work for which payment is requested cannot be verified,
14.6.3 claims of Liens have been 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 OWNER 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 CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance, City Manager, 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 Manager 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 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 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
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, City Manager 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 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
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 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 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 OWNER any money paid as a result of said
Initial Certification being issued which shall be paid only when the decertified work is re -certified.
ARTICLE I S — SUSPENSION OF WORK AND TERMINATION.
15.1 The City Manager 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 Manager 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 OWNER. Such costs incurred by 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
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 Manager said termination
shall not affect any rights of OWNER against the CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys by 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
Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the
Contract for the convenience of OWNER. In such case, the CONTRACTOR shall be paid for all Work
executed and accepted by the City Manager as of the date of the termination, minus any deduction for
damage or Defective Work. No payment shall be made for profit for Work which has not been
performed.
15AA OWNER 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 Manager, shall promptly remove any part or all of its
equipment and supplies from the property of OWNER. Should the CONTRACTOR not remove such
equipment and supplies, the City Manager shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that 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 Manager 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 OWNER fails to pay the CONTRACTOR any sum approved by the
CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the
CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and the
CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the
twenty (20) calendar days. If timely remedied by OWNER, 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 OWNER has failed to make any payment as afore said, the CONTRACTOR may upon
ten (10) calendar days' notice to the City Manager 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 Manager hereby acknowledges that if the CONSULTANT is an
independent contractor of OWNER, the CONSULTANT may be reluctant to rule on any disputes
concerning the Contract Documents or on the performance of the CONTRACTOR or OWNER
pursuant to the terms of the Contract Documents. Therefore, 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 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 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 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 17 - WAIVER OF JURY TRIAL,
17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either
may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding,
lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work
thereunder.
ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / GOVERNING LAW.
18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida.
18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim
or action arising out of or relating to the Contract or Contract Documents. Venue of any action to
enforce the Contract shall be in Miami -Dade County, Florida.
18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and
other matters in question between OWNER and the CONTRACTOR arising out of or relating to this
Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State of
Florida.
ARTICLE 19 - PROJECT RECORDS,
19.1 The City Manager 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 Manager all such books and records and accounts, financial or otherwise,
which relate to the Project and to any claim for a period of three (3) years following final completion of
the Project During the Project and the three (3) year period following final completion of the Project,
CONTRACTOR shall provide City Manager access to its books and records upon five (5) business days
written notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.1 19.0701) while providing services on behalf of 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 perform 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 disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the public agency; and (d) Upon completion 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
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-663-6340; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143.
19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the City Manager
shall have the right to enforce this contract provision by specific performance and the person who
violates this provision shall be liable to OWNER for its costs of enforcing this provision, including
attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate
proceedings.
ARTICLE 20 — SEVERABILITY.
20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent,
be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 21 — INDEPENDENT CONTRACTOR.
21.1 The CONTRACTOR is an independent CONTRACTOR under the ContracL 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 OWNER. Personnel policies, tax
responsibilities, social security and health Insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to services rendered under the Contract shall be those of
the CONTRACTOR
ARTICLE 22 — ASSIGNMENT.
22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
arising under the terms, conditions and provisions of this Contract without prior written consent of the
City Manager. The City Manager will not unreasonably withhold and/or delay OWNER'S consent to the
assignment of the CONTRACTOR's rights. The City Manager may, in the managers sole and absolute
discretion, refuse to allow the CONTRACTOR to assign its duties, obligations and responsibilities. In any
event, OWNER shall not consent to such assignment unless CONTRACTOR remains jointly and
severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER's
requirements to the City Manager's sole satisfaction and the assignee executes all of the Contract
Documents that were required to be executed by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto have executed f��j General Conditions to acknowledge
their inclusion as part of the Contract Documents on this day of M� . 20 ao
CONTRACTOR. -
Signature:
Print Signatory's
Title of Signatory: � 1--)42 ` 4 4-1p
ATTESTED: OWNER:
Signature: Signature:
Nkeillga A. P ne
City Clerk /
Read and Approved as to Form, Language,
Legality, and Execution Thereof.
Signature:
City Attorney
CITY OF SOUTH
(�QLaQ,, e—�( ,p a
Shari Kamali
City Manager
EXHIBIT 6
Supplementary Conditions
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
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 OWNER's
designated representative as identified in the Supplementary Conditions. The CONSULTANTS, if any,
and OWNER's Designated Representative's name, address, telephone number and facsimile number are
as follows:
Consultant: NIA
B. Termination or Substitution of Consultant: Nothing herein shall prevent the City Manager from terminating
the services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished J_set of Contract Documents
without charge. Any additional copies required will be furnished to the CONTRACTOR at a cost to the
CONTRACTOR equal to the reproduction cost.
D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP
and in the attached EXHIBIT I, to the RFP 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 EXHIBIT 2 to the RFP and if there is a conflict the attached
Exhibit shall take precedence.
F. The Work shall be completed in 30 calendar days unless a shorter time is set forth in the Contract and
in such event the Contract shall take precedent notwithstanding any provision in the General Conditions
to the Contract that may be to the contrary.
G. CONTRACTOR has reviewed and checked all information and data 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. It is agreed by the parties that no
additional examinations, investigations, explorations, tests, reports or similar Information or data in respect
to any Underground Facilities or conditions are, or will be, required by CONTRACTOR to perform and
furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents.
H. CONTRACTOR has given the City Manager 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 CONTRACTOR represents, by submitting its proposal to the City Manager, that the
CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such
resolution is acceptable to CONTRACTOR and that the CONTRACTOR waives any claim regarding the
conflicts, errors or discrepancies.
IN YVITNESS WHEREOF, the parties hereto have executed the S plementary Conditions to
acknowledge their inclusion as part of the Contract on this Al day of Q 20 2!,
CONTRACTOR: LrYNO 1ch kv L)
Signature: %
Print Signatory's Name:
aV A4,9
Title of Signatory. r %Pj
ATTESTED:
Signature:
Nkerka A. Pad e
City Clerk
Read and Approved as to Form, Language,
Legality, and Execution Thereof:
Signature:
City Attorney
OWNER: CITY OF SOUTH MIAMI
Signature: .t.-i t.. n•
Shari Karnali
City Manager
EXHIBIT 1
SCOPE OF SERVICES
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
1. Scope of Work:
Scope of work involves the total demolition of existing structure, removal of all debris
and clean -out single family residential lot at 6179 SW 62 Terrace, in South
Miami, FL 33143.
All work is to be done in accordance with requirements, guidelines and regulations
included in the State of Florida Building Code, the City of South Miami Land
Development Code and all applicable ordinances of Miami -Dade County and the City
of South Miami.
The work specified in this Request for Proposal (RFP) shall consist of furnishing all
goods, materials, supplies and services to perform the work described in this RFP.
The Work is to be performed per specifications and the contract documents. This
includes, but is not limited to the furnishing all labor of Contractor and the labor of
all allowable subcontractors, and cost of disposal of materials as well as all necessary
machinery, tools, transportation, equipment rental and permits, to perform all of the
Work described in this RFP and which is necessary to provide a completed project
that meets all of the needs described in this Scope of Services.
Prior to any digging, Respondents must locate all underground utilities and other
facilities as well as contacting Sunshine 811 to coordinate the process between
excavators and member utilities in Florida so that they can mark the approximate
location of underground lines, pipes and cables on construction site.
Work covered under this contract shall also include and is not limited to maintenance
of traffic, and off -duty Police officer if required.
Permit fees are waived for permits required for this project issued directly by the City
of South Miami Building Department. Permit fees from other government entities, if
required, shall be the responsibility of the Respondent/Contractor however, in all
cases; it is the responsibility of Respondents/Contractors to secure any and all
permits that may be required for this project.
The work associated with this project should be reflected in the
Respondent's proposal and in Exhibit I, "Scope of Services."
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday.
II. Site Location:
The project location is a single-family home located at 6179 SW 62 Terrace, South
Miami, FL, 33143. Respondents are encouraged to visit the site prior to submitting
a proposal.
WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO
PROVIDE A LUMP SUM PRICE FOR ALL WORK, REFER TO EXHIBIT 3
CONSTRUCTION BID FORM.
111. Project Duration:
The time required to complete to complete all work in this project of the project is 30
calendar dais to final completion from issuance of Notice to Proceed.
NOTE: A Performance and Payment Bond is NOT required for the full amount of
the project.
END OF SECTION
EXHIBIT 2
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
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 of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
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 amount as to all employees in compliance with the
'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability
at the statutory coverage amount. The FIRM shall further ensure 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;
• Property 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
(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 ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Hired and Non -Owned Vehicles
(c) Employers' Non -Ownership
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 Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where
applicable.
Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the CONTRACTOR shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All
Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the
course of construction, including foundations, additions, attachments and all permanent fixtures belonging
to and constituting a part of said buildings or structures. The policy or policies shall also cover
machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building
that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least
equal to the replacement and actual cash value of the insured property. The policy shall be in the name of
the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth in 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 deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name, address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of 'bodily injury", `property
damage', or "personal and advertising injury' and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the City."
E, If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements,
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
Indemnification Requirement
A. The Contractor accepts and voluntarily incurs all risks of any injuries, damages, or harm which might
arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the
Contractor or anyone acting through or on behalf of the Contractor.
B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless fi-om any and all damages, claims, liability, losses, claims, demands, suits, fines,
judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all
appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South
Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any
kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the Contractor, its contractor/subcontractor or any of their officers, directors, agents, representatives,
employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement,
incident to it, or resulting from the performance or non-performance of the Contractor's obligations under this
AGREEMENT.
C. The Contractor shall pay all claims, losses and expenses of any kind or nature whatsoever, in
connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees,
successors and assigns, including their attorneys fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub -Contractor or any of their
agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to
or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, employees,
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out of actions or omissions of the Contractor, its
contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through
or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's
property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes
or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any
of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The Contractor has the duty to provide a defense with an attorney or law firm approved by the City
of South Miami, which approval will not be unreasonably withheld.
F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes,
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus,
the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to
indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contract.
END OF SECTION
V-A
EXHIBIT 3
DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
RFP #BD2020-10
RESPONDENTS
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit 1, Scope of Services, for the Proposed
Price as set forth below, within the Contract Time and in accordance with the other terms and conditions
of the Solicitation Package.
2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents,
including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This
Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening.
The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the
form of contract that is a part of the Solicitation package with appropriate changes to conform to the
information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by
this Solicitation, required insurance documents, and other documents required by the Solicitation,
including the Contract if not already submitted, within ten (10) calendar days after the date of the City's
Notice of Award.
3. In submitting this Proposal, Respondent represents that:
a. Respondent has examined copies of all the Solicitation Documents and of the , following Addenda, if any
(receipt of all which is hereby acknowledged.)
Addendum No. l Dated: z,� raj Yr a�,
b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed
work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that:
i. Respondent has studied carefully all reports and drawings, if applicable, of subsurface conditions and
drawings of physical conditions.
ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully
studying) all such examinations, Investigations, explorations, tests and studies in addition to or to
supplement those referred to in this paragraph which pertain to the subsurface or physical conditions
at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at
the Contract Price, within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents. The Respondent hereby acknowledges that no additional examinations,
investigations, explorations, tests, reports or similar information or data are, or will, be required by
Respondent for any reason in connection with the Proposal. The failure of the Respondent to request
a pre -bid marking of the construction site by any or all utility companies shall create an irrefutable
presumption that the Respondent's bid, or proposal price, has taken into consideration all possible
underground conditions and Respondent, if awarded the contract, shall not be entitled to a change
order for any such condition discovered thereafter.
III. Respondent has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract Documents.
iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation
Package or in the Contract Documents with respect to existing Underground Facilities or conditions
at or contiguous to the site and assumes responsibility for the accurate location of all Underground
Facilities and conditions that may affect the Work. No additional examinations, investigations,
explorations, tests, reports or similar information or data in respect to any Underground Facilities or
conditions are, or will be, required by Respondent in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with the other terms and conditions of
the Contract Documents unless the Proposal specifically states that the contract price is subject to
adjustment for future discovery of underground facilities and/or conditions that affect the cost of the
Work and unless the respondent makes a written request to the City for additional information prior
to submitting the bid or proposal as required in subsection ii above,
d. Respondent has given the City written notice of all conflicts, errors or discrepancies that it has discovered
in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice
given, the Respondent represents, by submitting its proposal to the City, that the Respondent has
received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to
Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies.
e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or
corporation and is not submitted pursuant to any agreement or rules of any group, association,
organization, or corporation; Respondent has not directly or indirectly induced or solicited any other
Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm
or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to
obtain for itself any advantage over any other Respondent or over the CITY.
4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install
all of the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of
Proposal Evaluation and when initiated by the CITY, it shall form the basis for calculating the pricing of
change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the
Schedule of Values, except to the extent that the CiTY changes the Scope of the Work after the Contract
Date. As such, the Respondent shall furnish all labor, materials, equipment, tools, superintendence and
services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires
the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this
Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price,
otherwise, the Contract Price for the completed work is as follows:
Seven Thousand Two hundred Fifty dollars and 00/100 cents
LUMP SUM BASE PRICE: $7250.00 dollars and 00 cents
Alternates: # 1 #2
A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided.
Failure to provide this information shall render the proposal non -responsive.
5. The ENTIRE WORK for project in accordance with Exhibit 1, Scope of Ser►►ice4 shall be completed,
in full, within 30 dan-from the commencement date set forth in the NOTICE TO PROCEED. Failure to
complete the entire work during the described time period shall result in the assessment of liquidated
damages as may be set forth in the Contract.
6. Insert the following information for future communication with you concerning this Proposal:
RESPONDENT: Elvin J. Castillo / Maralvs Valdes
Address: 150 East 63rd Street - Hialeah. FI 33013
Telephone: 78&514-2773 Emal• demoserviMbellsouth n t
Facsimile:
Contact Person Elvin J: Castillo -Vice President or Maralys Valdes - President
7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned
to them in the Contract Documents, unless specifically defined in this Solicitation Package.
8. If a Respondent's Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies that
all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibit is
made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondent
Bid Form, and are made a part of this proposal, by reference.
9. By submkdng this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the Solicitation package and I agree to be bound by those ternm with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained In the Solicitation Documents and this Proposal, or'such Information that the City and I have
agreed upon In the course of contract negotiations and which have been confirmed by the City In writing,
including e-mail confirmation, If any. I hereby certify under penalties of perjury that I am the lawful
representative of the business entity referenced In. this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that ail of the
information and representations contained herein are true and correct.
SUBMITTED THIS 28th DAY OF April 20 20 .
PROPOSAL SUBMITTED BY.
Demolition Services Inc. 786-514-2773
�mPany Telephone Number
Elvin J. QRSIJI10
Name of Person ortsed do Sutbmtt Proposal Fax Number
DEMOSERV@BELLSOUTH. N ET
Signature Email Address
Vice President
Tide
END OF SECTION
NOTE to Exhibit A which follows the Respondents
Bid Form:
Exhibit A is included to the contract and where
there may be a conflict with Contractors Exhibit A, if
any, and the City's Scope of Services, as provided in
the solicitation, and any subsequent addenda to the
solicitation, the City's Scope of Services and
addenda will take precedence."
Demolition Services Inc.
Date: 04/2WO ProPocal / Contract No. 2101
Customer. Te[: Project: RFP#BD202D-10
City of South Miami M: Demolition of building structure on
Nkenga A. Payne, CMC Ernst]: via demandstar DemDem 6179 SW Bond Terrace
City Manager South Miami, FI.
Scope of Work:
Per RFP #BD2020-10
Total demolition of single family residence complete with foundations to a maximum depth of three fast below grade
Removal of concrete concrete slabs, concrete steps and walkways.
Removal and disposal of all demolition debris leaving area rough graded by dozer.
Demolition contractor will made all underground utilities prior to demolition (811 Sunshine One Call Florida)
Coordination of all utility disconnections and obtain termination of service letters
Demolition permit Secure demolition permit and coordination of utility, disconnections.
Plumbing: Plumbing disconnection and permit (based on (1) sewer cap and (1) plumbing permit
Electrical: Meter removal by fpl and secure electrical permit
Mechanical: - NOT APPLICABLE (no etc units on site).
Obtain all necessary inspections
By others: Placement of temporary construction fence and permit by ge / owner
Total$7250.00
Based on one mobilization, all salvage by demolition contractor, no tree removal
Paymentterms: Progresspayments
General Contractor / Owner provide:
(2) Original signed and sealed property sun eyS.
Standard Exclusions and Conditions:
Unsafe structure fees by go / owner (if applicable)
Bonds and waiver of subrogations not included
Insurance: lased on existing insurance coverage (additional insurance requirements to be quoted separately).
Removal of pilings / piling extractor
Based on regular working hours (no overtime included in this estimate).
bonds by owner (if applicable)
Asbestos / Lead abatement air monitoring
Removal of Haz-Mat (i.e. PCB'S, lead, etc.)
Tree removal, tree permits, placement of sod or grew seed after demolition.
(neon recovery, mechanical permits
pumping storm water with vector buck, silt fencing, drain gutter covers as required by municipality
Installation of temporary fence, silt fence and/or placement of portable toilet
Temporary barricades. public protection, pedestrian passage ways, temporary closures, silt fence, lack wash area
Removal of furniture inside buildings, removal of underground storage tanks.
Rodent inspections -
Construction gravel entrance (if required by municipality).
Bade -fill material / compacting, excavation, dewatering
Under this work no fill material shall be taken from nor delivered to the site by Demolition Services Inc.
Demolition contractor not responsible for any water damage
This estimate is based on Demolition Services Inc. heavy equipment having unrestricted access to the project property.
Unforeseen conditions: Additional work due to unforeseen contlitions to be quoted separately
Demolition Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, ads of god, illness, injury, or
general unavailability of materials, equipment and/or machinery.
SOIL CONDITIONS: Demolition Contractor shall have no responsibility for the condition of the soils at the Work Site. Any excavation or other work
required by Owner not specified in this proposal other than the usual and customary excavation and grading not included.
Submitted by
Demolition Services Inc.
W.1. e.."
Elvin J. Castillo / Maretys Valdes
coA OBBS01017
P.O. Box 133130
Hialeah, Florida 33013
Member Name City of South Miami
Bid Number RFP-RFP BD2020-10-0-2020/SK
Bid Name DEMOLITION OF BUILDING STRUCTURE ON 6179 SW 62 TERRACE
3 Document(s) found for this bid
19 Planholder(s) found
333 NOTIFIED
Supplier Name
Addressl
City
State
Zip
Attributes
4.0 Air, Inc.
PO Box 814281
Hollywood
FL
33081
Action Property Services
1825 Main Street
Fort Lauderdale
FL
33326
AirMD Inc.
7700 Congress Avenue
Boca Raton
FL
33487
BOFAM CONSTRUCTION
COMPANY, INC
5823 Sandbirch Way
Lake Worth
FL
133463
Chin Diesel, Inc.
1820 NE 144th St.
North Miami
FL
33181
ConstructConnect
3825 Edwards Rd
Cincinnati
OH
45209
Construction Journal, Ltd.
400 SW 7th Street
Stuart
FL
34994
Construction Journal, Ltd.
400SW Street
Stuart
FL
34994
Demolition Services Inc.
PO Box 133130
Hialeah
FL
33013
Dodge Data
4300 Beltway Place, Ste
150
Arlington
TX
76018
J&E Construction
766 NE 96 St
Miami
FL
33138
Hispanic
Owned, Small
Business
miaminycdismantling
46 vanderburgh ave
Larchmont
NY
10538
Paragon Construction
po box 823491
pembroke pines
FL
33082
Premium Maintenance LLC
14109 SW 165 St
Miami
FL
33177
Small
Business
R&D Remodeling, LLC
10484 SW 131ST CT
Miami
FL
33186
r2r demolition inc
2000 nw 18th st
pompano beach
FL
33069
TCSEmpire, Inc.
14629 SW 104th Street
Miami
FL
133186
TechGroupOne, Inc
304 Indian Trace
Weston
FL
33326
Thunder Demolition 17373
NE 3RD CT IMIAMI
JFL
133138 113usiness
Hispanic
Owned, Small
117
4/30/2020 Detail by Entity Name
Drvisioa or
�lYliJfl ij
an uj/Iriat -)true u//'lurida uvrbsitr
Department of State / Division of Corporations / Search Records / Detail y Document Number /
Detail by Entity Name
Florida Profit Corporation
DEMOLITION SERVICES, INC.
FF�"r jig Information
Document Number
P06000076349
FEI/EIN Number
2D4970780
Date Filed
06/02/2006
State
FL
Status
ACTIVE
Last Event
AMENDMENT
Event Date Filed
07/25/2016
Event Effective Date
NONE
Pdncipal Address
150 EAST 63 STREET
HIALEAH, FL 33013
Mailing Address
P.D. BOX 133130
HIALEAH, FL 33013
Changed: 05/24/2007
RsUi.Stered Agent Name & Address
VALDES, MARALYS
150 East 63 St
HIALEAH, FL 33013
Address Changed:04/22/2015
Officer/Director Detail
Name & Address
Title P
VALDES, MARALYS
150 EAST 63 STREET
HIALEAH, FL 33013
Title VP
118
CASTILLO, ELVIN J
search.suntiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Enf tyN ame&directionType=1 nif al&searchNameOrder-DEMOLITIONSE...
112
4/30/2020
150 EAST 63 STREET
HIALEAH, FL 33013
Annual Reports
ReportYear
Filed Date
2018
04/03/2018
2019
04/05/2019
2020
03/06/2020
03/06/2020—ANNUAL REPORT
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04105/2019 — ANNUAL REPORT
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04/03/2018 — ANN UAL REPORT
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02/27/2017 -- ANNUAL REPORT
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07/25/2016 — Amendment
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03/29/2016 — ANNUAL REPORT
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04/22/2015 — ANNUAL REPORT
View image in PDF formal
04/21/2014—ANNUAL REPORT
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0412612013 — ANNUAL REPORT
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04/09/2012 — ANNUAL REPORT
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04/12/2011 — ANNUAL REPORT
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03/291 010 — ANNUAL REPORT
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04/28/2009 —ANNUAL REPORT
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04/22/2008 — ANNUAL REPORT
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0311312007—ANNUAL REPORT
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06J02/2006 — Domestic Profit
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Detail by Entity Name
"N
search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&search N ameOrder-DEMOLITIONSE... 2/2
2020 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P06000076349
Entity Name: DEMOLITION SERVICES, INC.
Current principal Place of Business:
150 EAST 63 STREET
HIALEAH, FL 33013
Current Mailing Address:
P.O. BOX 133130
HIALEAH� FL 33013 US
FEI Number: 20-4970780
Name and Address of Current Registered Agent:
VALDES, MARALYS
150 EAST 63 ST
HIALEAH. FL 33013 US
FILED
Mar 06, 2020
Secretary of State
3191133422CC
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
Officer/Director Detail
Title P
Name VALDES, MARALYS
Address 150 EAST 63 STREET
City -State -Zip: HIALEAH FL 33013
Title VP
Name CASTILLO, ELVIN J
Address 150 EAST 63 STREET
City -State -Zip: HIALEAH FL 33013
Date
I hereby cer* that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shad have the same legal effect as if made under
oath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on a- attachment with all other fike empowered.
SIGNATURE: MARALYS VALDES PRESIDENT 03/06/2020
Electronic Signature of Signing Officer/Director Detail
Date
120