Res No 066-20-15506RESOLUTION NO.: 066-20-15506
A Resolution authorizing the City Manager to negotiate and execute a contract with Maggoic
Inc., for the construction of Bicycle and Pedestrian Improvements on SW 62nd Avenue between
US-1 and SW S& Street.
WHEREAS, the City Mayor and Commission desire to enhance the existing transportation system and
mobility choices available to residents, workers, and visitor to the City; and
WHEREAS, the Mayor and City Commission wish to provide people with sustainable, safe and effective
altematives to personal motorized vehicles; and
WHEREAS, this project was approved by Commission in the South Miami Intermodal Transportation Plan;
and
WHEREAS, the City received funding participation from the Florida Department of Transportation through
a Local Agency Program (LAP) grant in the amount of $479,600 of which a total of $458,315 are dedicated to the
construction cost phase and $21,285 are dedicated to the Construction Engineering Inspection; and
WHEREAS, the City developed a design and prepared necessary construction documents for the
construction of Bicycle and Pedestrian improvements on SW 62nd Avenue from US-1 to SW 80th Street as identified
in the South Miami Intermodai Transportation Plan; and
WHEREAS, design and construction documents were developed and approved by City Staff, Miami -Dade
County Department of Transportation and Public Works and the Florida Department of Transportation; and
WHEREAS, the City received a total of five (5) proposals in response to a construction solicitation; and
WHEREAS, pursuant to a competitive selection process, it was determined that Maggolc Inc., submitted a
proposal in the amount of $358,444.65 that was the most cost effective; and
WHEREAS, the Florida Department of Transportation issued a letter approving the award of a contract by
the City to Maggolc, Inc. (Concurrence to the Award); and
WHEREAS, the City desires to provide a contingency of $5,000 over the proposal amount to address any
unforeseeable factors that may arise during the work; and
WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and execute
a contract with Maggolc Inc., Inc for the construction of Bicycle and Pedestrian Improvements on SW 62nd Avenue
from US-1 to SW 80th Street for a total amount not to exceed $363,444.65 which includes a $5,000 contingency.
WHEREAS, the expense for this project shall be charged to the Florida Department of Transportation local
Agency Program Fund account number 106-7003-541-6490 which has a balance of $458,315 prior to this request.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS 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.
Page 1 of 2
i
Res. No. 066-20-15506
Section 2. The City Manager is authorized to negotiate the price, terms and conditions and to execute a
contract with Maggolc Inc., for the construction of Bicycle and Pedestrian Improvements on SW 62nd Avenue from
US-1 to SW 80th Street for a total amount not to exceed $358,444.65. The City Manager is authorized to expend
up to $5,000 to address any condition that the contractor, using reasonable diligence, could not have foreseen
when formulating its bid. A copy of the approved form of contract is attached.
Section 3. Corrections. 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, the holding shall not affect the validity of the
remaining portions of this resolution.
Section 5: Effective Date: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 7`b day of July, 2020.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND/EXECUTION
THERESF
CITV.iTiORNEY V
COMMISSION VOTE:
5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda Rem No:3.
City Commission Agenda Item Report
Meeting Date: July 7, 2020
Submitted by: Aurelio Carmenates
Submitting Department: Public Works & Engineering
Rem Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc, Inc., for the
construction of bicycle and pedestrian improvements on SW 62nd Avenue between US-1 and SW 80th Street.
3/5 (City Manager -Public Works & Engineering)
Suggested Action:
Attachments:
Memo for SW 62Ave PedMob Improv 6-24-2020.docx
Reso_fo r_S W_62Ave_Pe d_Mo b_I m p rov_6-24-20CA rev. d ocx
FINAL RFP SW 62 AVE PEDSTRIAN BICYCLIST ENHANCEMENT LAP PROJECT 1.31.20.pdf
Maggolc- Bid Documents SW 62 Ave Bike.pdf
FM 438673-01-58 Concurrence Letter C-G1129- Construction 20200615.doc.pdf
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Shari Karnali, City Manager
DATE: July 7, 2020
SUBJECT: A Resolution authorizing the City Manager to negotiate and enter into a contract with
Maggolc, Inc., forthe construction of bicycle and pedestrian improvements on SW 62nd
Avenue between US-1 and SW 80th Street.
BACKGROUND: The City desires to enhance the existing transportation system and mobility choices
available to residents, employees and visitors to the City. To improve mobility and
pedestrian connectivity the City developed a design and prepared necessary
construction documents for installation of pavement markings, striping and signage on
SW 62nd Ave from 80th St to US-1, drainage improvements, new curb and gutter,
milling & re -surfacing and new sidewalk on SW 62nd Ave from SW 80`" St to SW V1 St,
signal modifications at SW 62nd Ave and SW 80`h Street, and sidewalk repairs on SW 62nd
Ave from SW 781 St to US-1. The City received funding participation from the Florida
Department of Transportation thru a Local Agency Program (LAP) grant in the amount
of $479,600 of which a total of $ 458,315 are dedicated to the construction cost phase
and $21,285 are dedicated to the Construction Engineering Inspection.
The City received a total of five (5) proposals in response to a solicitation. Pursuant to
review, it was determined that Maggolc Inc., is the most responsive and responsible
bidder for this proposal. Below are the top three proposals received:
Contractor
Bid Price
Maggolc, Inc
$358,444.65
Metro Express, Inc
$369,972.00
Florida Engineering & Development Corp
$411,483.14
Concurrence to award letter was received from the Florida Department of
Transportation to the project on June 16, 2020.
A contingency amount of $5,000 will be included over the proposal amount of
$363,444.65 to address for unknown factors that may arise during the work.
AMOUNT: Amount not to exceed $363,444.65 which includes $5,000 for contingency
FUND&ACCOUNT: The expenditure shall be charged $363,444.65 to the Florida Department of
Transportation Local Agency Program Fund account number 106-7003-541-6490 which
has a balance of $458,315 prior to this request.
Page 1 of 2
2
South Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER -OFFICE MEMORANDUM
ATTACHMENTS: Resolution
RFP PW2020-04 Construction Documents with Exhibits
Maggolc Inc., Bid Documents
FDOT's Concurrence to Award Letter dated 6/16/2020.
Page 2 of 2
3
161 of 19;
EXHIBIT 4
CONSTRUCTION CONTRACT
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
THIS CONTRACT was made and entered into on this �I�` �_J ._ 2020, by and between �Koc
(hereafter referred to as "Contractor"), and the City of South Miami (herea er referred to as "Owner"). through its
City Manager (hereafter referred to as "City").
WITNESETH:
That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows:
I. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and
any other items necessary to perform all of the work shown on and described in the Contract Documents
and shall do everything required by this Contract and the other Contract Documents hereinafter referred
to as the Work.
2. The Contract Documents shall include this Contract, General Conditions to the Contract if any, the
drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other
documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter
referred to as "Bid Documents") and any documents to which those documents refer which are used by
the Owner as well as any attachments or exhibits that are made a part of any of the documents described
herein.
3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified
in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the
Contract Documents.
4. The Owner hereby agrees co 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:
Dollars (.500,eGl
Isr.umn..a,,,.w•,e...f ("Contract Price").
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
be performed after regular working hours. In such event, the Respondent shall have no right to additional
compensation for such work. However, nothing contained herein shall authorize work on days and during
hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by
the City.
6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments
to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed
during each calendar month by the Contractor, less the retainage (all as provided for in the Contract
Documents), which is to be withheld by the Owner until completion and acceptance of the complete
project in accordance with this Contract and the other Contract Documents and until such Work has
been accepted by the City.
7. Upon submission by the Contractor of evidence satisfactory to the Owner that all labor, material, and other
costs incurred by the Contractor In connection with the construction of the Work have been paid in full,
and after compliance with the terms for payment provided for in the Contract Documents, final payment on
account of this Contract shall be made within seventy five (75) calendar days after the completion by the
Contractor of all Work covered by this Co ch ccHEance of such Work by the Owner.
8. The Work shall be complet d in cal car d .' Mfthe event that the Contractor shall fail to M• �•
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 $1,500 doijlars.per_day, plus any monies
paid by the Owner to the Consultant. if any, for additional engineering and inspection services, if any,
associated with such delay.
9. It is further mutually agreed between the parties her that if a Payment and/or Performance Bond ("Bond")
is required and if, at any time after the execution of this Contract and the Bond for its faithful performance
and payment, the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for
any reason such bond ceases to be adequate to cover the performance of the Work or payment to
1ffi1 of 23113
162 of 197
subcontractors and suppliers, the Contractor shall, at its expense within five (5) business days after the
receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and
with such Surety or Sureties as shall be satisfactory to the City. In such event. no further payment to the
Contractor shall be deemed to be due under this Contract until such new or additional security for the
faithful performance of the Work is furnished in the manner and in the form satisfactory to the City.
10. No additional Work or extras shall be done unless the same is duly authorized in writing, and in advance
of the work, by appropriate action by the City and in accordance with the Contract Documents.
11. The date that this contract was "made and entered into" and its effective date is the date that the contract is the
signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the
Effective Date is the dace of the resolution approving the Contract whichever is the later date.
IN WITNESS WHEREOF, the parties hereto have c
forth next to their name below and may be signed in one or me
or accounting for the other counterpart, be deemed an original
Print
Title of Signatory:
this Contract on the day and date set
:erparts, each of which shall, without proof
a Y,--o CG T.c9 G
ATTESTED OWNER: CITY F�MIA 1 _ _ �7
Signature: _ _ Signature: .. _ _ ,.
Nk ,ga Payn Shari Karnali
City Clerk City Manager
Read and Approved as to Form. Language.
Legality, and ExecutionJhereof: r /
City Attorney
163 of 197
EXHIBIT S
CONSTRUCTION CONTRACT
GENERAL CONDITIONS
CONSTRUCTION CONTRACT
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
ARTICLE I —DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms shall have
the meaning indicated. These definitions shall always apply when the section of the Contract specifically refers to
this Article for the purpose of interpreting a word or group of words in that section of the Contract Document.
However, when the section of the Contract, where the word to be defined is used, does not specifically refers to
this Article to define the word or group of words, the definitions contained in this Article shall not apply unless
the word or group of words, in the context of it or their use in the Contract Document in question, is/are
ambiguous and open for interpretation. In addition, these definitions shall also not apply to interpret terms in a
specific provision of a Contract Document if that specific provision contains a definition of these terms:
Addenda: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, clarifications or correction.
Application for Payment: A form approved by the CONSULTANT, if any, or the City Manager which is to be used
by the CONTRACTOR in requesting progress payments.
Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other
terms for the Work to be performed.
Bidder: Any person, firm or corporation submitting a response to the Owner's solicitation for proposals or bids
for Work.
Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including
the instructions, form of documents and affidavits.
Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by the
CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of
the State of Florida.
Change Order. A written order to the CONTRACTOR signed by the City Manager authorizing an addition,
deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after
execution of the Contract
Work Order Proposals: Written proposals from the CONTRACTOR in response to orders or request for work
based on the Scope of the Work provided by the City to the CONTRACTOR. The proposal includes line item
pricing, where there are multiple locations, and the timeframe for completing the work.
CITY: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, unless the context
wherein the word is used should more appropriately mean the City of South Miami.
Construction Observer. An authorized representative of the CONSULTANT, if any, or otherwise a
representative of the City assigned to observe the Work performed and materials furnished by the
CONTRACTOR. The CONTRACTOR shall be notified in writing of the identity of this representative.
Contract Documents: The Contract Documents shall include the Contract between the Owner and the
Contractor, other documents listed in the Contract and modifications issued after execution of the Contract as
well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds,
Insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the
General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications,
Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the
Contract, Change Orders, Construction Change Directives and any written order for a minor change in the
Work, and written modifications to any of the Contract Documents.
Contract Price: The total moneys payable to the CONTRACTOR pursuant to the terms of the Contract
Documents.
Contract Time: The number of calendar days stated in the Contract for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the OWNER.
CONTRACTOR: The person, firm or corporation with whom the OWNER has executed the Contract
CONSULTANT: The person identified as the CONSULTANT in the Supplementary Conditions or, if none, then
CITY's designated representative as identified in the Supplementary Conditions.
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164 of 197
Da . 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 CONSULTANTS recommendation of
final payment (unless responsibility for the protection thereof has been delegated to the Owner); substitutions that
are not properly approved and authorized, any deficiency in the Work, materials and equipment; materials and
equipment furnished under the Contract that are not good quality and new unless otherwise required or
permitted by the Contract Documents.
Drams The drawings which show the character and Scope of the Work to be performed and which have been
prepared or approved by the CONSULTANT, or if none, then by an architect or engineer hired by the City and
are referred to in the Contract Documents.
Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents
in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.
Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order
signed by both parties, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance
with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the
CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it
must be in writing and signed by the party against whom the modification is sought to be enforced.
Non -conforming Work means work that does not conform to the Contract Documents and includes work that is
unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference
standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or
work that has been damaged prior to CONSULTANT's recommendation of final payment (unless responsibility for
the protection thereof has been assumed in writing by CITY).
Notice of Award: The written notice by CITY to the apparent successful Bidder stating that upon compliance with
the conditions precedent to be fulfilled by it within the time specified, CITY will execute and deliver the Contract
to him.
Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the
date on which the Contract Time shall commence to run and on which CONTRACTOR shall start to perform its
obligations under the Contract Documents.
Person: An individual or legal entity.
Project: The entire construction operation being performed as delineated in the Contract Documents.
Pow 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.
Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which
the Work will be judged.
Specifications: Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work.
Subcontractor. An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work at the construction site.
Substantial Completion: The date, as certified by the CONSULTANT, when the construction of the Project or a
certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or
a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to
any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date
when final payment is due in accordance with paragraph 14.9. However, in no event shall the project or portion
thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully
issued by the applicable governmental agency. A certificate of Substantial Completion, issued by the
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CONSULTANT, shall be null and void if it is based on false, misleading or inaccurate information, from any source,
or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to
a degree greater than that which would normally to be considered by the City to be minor "punch list" work.
Supplier: Any person or organization who supplies materials or equipment for the Work, including the fabrication
of an item, but who does not perform labor at the site of the Work.
Sure . The individual or entity who is an obligor on a Bond and who is bound with the CONTRACTOR for the
full and faithful performance of the Contract and for the payment of all labor, services and materials used on the
project.
Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion
of the Contract.
Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice
shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to
an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or
corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise
stated in writing, any notice to or demand upon the OWNER under this Contract shall be delivered to the City
Manager and the CONSULTANT.
ARTICLE 2 — PRELIMINARY MATTERS
Award:
2.1 The CITY reserves the right to reject any and all Bids, at its sole discretion. Bids shall be awarded
by the CITY to the lowest responsive and responsible Bidder. No Notice of Award shall be given until the
CITY has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the CITY,
which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the
time prescribed and in accordance with the Contract Documents. The CITY reserves the right to reject
the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of the City, to be
sufficiently responsible, qualified and financial able to perform the work. In analyzing a Bid, the CITY may
also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is
awarded, the CITY shall issue the Notice of Award and give the successful Bidder a Contract for
execution within ninety (90) day after opening of Bids.
Execution of Contract:
2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of
Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of
Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated
supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other
Documents as required by the Contract Documents shall be executed and delivered by CONTRACTOR
to the CITY within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that
requires the signature of a party may be executed in counterparts separately by each of the parties and, in
such event, each counterpart separately executed shall, without proof or accounting for the other
counterpart be deemed an original Contract Document.
Forfeiture of Bid Security/Performance and Payment Bond. if any are reauired by the aaalicable RFP:
2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond
attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price
guaranteeing to OWNER the completion and performance of the Work covered in such Contract
as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant
to this Project. Each Bond shall be with a Surety company whose qualifications meet the
requirements of Sections 2.3.4, 2.3.5, and 2.3.6.
2.3.2 Each Bond shall continue in effect for five years after final completion and acceptance of the Work
with the liability equal to one hundred percent (100%) of the Contract Sum.
2.3.3 Pursuant to the requirements of Section 255.05(I ), Florida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Miami -Dade County
and provide CITY with evidence of such recording.
M cf
166 of 197
2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety, having a resident agent in the State of Florida and having been in business with a record
of successful continuous operation for a least five (5) years.
2.3.5 The surety company shall hold a current certificate of authority as acceptable surety on federal
bonds in accordance with the United States Department of Treasury Circular 570, current
revisions.
2.3.6 The CITY shall only be required to accept a surety bond from a company with a rating A. VII or
better.
2.3.7 Failure of the successful Bidder to execute and deliver the Contract, and deliver the required
bonds and Insurance documents shall be cause for the CITY to annul the Notice of Award and
declare the Bid and any security therefore forfeited.
Contractor's Pre -Start Representation:
2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having
familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local
conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect
performance of the Work, and represents that it has correlated its study and observations with the
requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys
and investigations, reports of subsurface and latent physical conditions referred to in the specifications
and made such additional surveys and investigations as it deems necessary for the performance of the
Work reflected in the Contract Documents and that he has correlated the results of all such data with
the requirements of the Contract Documents.
Commencement of Contract Time:
2.5 The Contract Time shall commence to run on the date stated in the Notice to Proceed.
Starting the Project:
2.6 CONTRACTOR shall start to perform its obligations under the Contract Documents on the date the
Contract Time commences to run. No Work shall be done at the site (as defined in Article 1), prior to
the date on which the Contract Time commences to run, except with the written consent of the CITY.
Before Starting Construction:
2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements and conditions. It shall at once report in writing to CONSULTANT any conflict, error, or
discrepancy which it may discover. Neither the OWNER nor the CONSULTANT shall be liable for any
harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error,
or discrepancy in the Drawings or Specifications nor shall the CONTRACTOR be entitled to any
compensation for any harm, damage or loss suffered by the CONTRACTOR due to any conflict, error,
or discrepancy in the Contract Documents.
Schedule of Completion:
2.8 Within Five (5) business days after delivery of the Notice to Proceed by CITY to CONTRACTOR,
CONTRACTOR shall submit to CONSULTANT for approval, an estimated construction schedule
indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule
of Shop Drawing submissions. The CONSULTANT shall approve this schedule or require revisions
thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR
involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS shall be
provided in the Special Conditions.
2.9 Within five (5) business days after delivery of the executed Contract by CITY to CONTRACTOR, but
before starting the Work at the site, a pre -construction conference shall be held to review the above
schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing
Applications for Payment, and to establish a working understanding between the parties as to the
Project Present at the conference will be the CITY'S representative, CONSULTANT, Resident Project
Representatives, CONTRACTOR and its Superintendent.
Oualifications of Subcontractors, Material men and Suppliers:
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2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder
shall submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors
and such other persons and organizations (including those who are to furnish principal items of materials
or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and
other persons and organizations must be submitted as specified in the Contract Documents. Within
thirty (30) calendar days after receiving the list, the CONSULTANT will notify the CONTRACTOR in
writing if either the CITY or the CONSULTANT has reasonable objection to any Subcontractor, person,
or organization on such list. The failure of the CITY or the CONSULTANT to make objection to any
Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt shall
constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such
Subcontractor, person or organization shall not constitute a waiver of any right of the CITY or the
CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment
not in conformance with the requirements of the Contract Documents.
2.11 If, prior to the Notice of Award, the CITY or the CONSULTANT has reasonable objection to any
Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award,
submit an acceptable substitute without an increase in its bid price.
2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of
a detailed description concerning any Work to be done and materials to be furnished, shall be regarded as
meaning that only best practices are to prevail and only materials and workmanship of the best quality are
to be used in the performance of the Work.
ARTICLE 3—CORRELATION, INTERPRETATION AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Contract
between the OWNER and the CONTRACTOR. They may be altered only by a modification as defined in
Article I.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all
the documents. If CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, it
shall, before proceeding with the Work affected thereby, immediately call it to the CONSULTANT's
attention in writing. The various Contract Documents are complementary; in case of conflict, error or
discrepancy, the more stringent interpretation and requirement that shall provide the maximum benefit to
the Owner shall apply
3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning shall
be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and
ready for service".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to
produce a complete and properly operating installation, or usable structure, providing the indicated
functions, shall Be furnished and installed without change in the Contract Price. Such miscellaneous items
and accessories shall be of the same quality standards, including material, style, finish, strength, class,
weight and other applicable characteristics, as specified for the major component of which the
miscellaneous item or accessory is an essential part, and shall be approved by the CONSULTANT before
installation. The above requirement is not intended to include major components not covered by or
inferable from the Drawings and Specifications.
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such a
manner as obtain the best workmanship possible for the entire Project, and all components of the Work
shall be installed or erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof, and for making equipment and utility installations properly perform the specified
function. If the CONTRACTOR is prevented from complying with this provision due to the Drawings or
Specifications, the CONTRACTOR shall immediately notify the CONSULTANT in writing of such
limitations before proceeding with construction in the area where the problem exists.
3.7 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the
minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or
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.
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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 The OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to
be done, rights -of -way for access thereto, and such other lands which are designed for the use of the
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by the OWNER, unless otherwise specified in the Contract Documents. Other
access to such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of
the CONTRACTOR.
The CONTRACTOR shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of material and equipment.
4.2 The CITY will, upon request, furnish to the Bidders, copies of all available boundary surveys and
subsurface tests at no cost.
Subsurface Conditions:
4.3 The CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to
the conditions affecting the Work, including but not limited to those bearing upon transportation,
disposal, handling and storage of materials, availability of labor, water, electric power, roads and
uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the
conformation and conditions of the ground, the character of equipment and facilities needed preliminary
to and during prosecution of the Work. The CONTRACTOR further acknowledges that he has satisfied
himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from an inspection of the site,
including all exploratory work done by the OWNER/ CONSULTANT on the site or any contiguous site,
as well as from information presented by the Drawings and Specifications made part of this Contract, or
any other information made available to it prior to receipt of bids. Any failure by the CONTRACTOR to
acquaint itself with the available information shall not relieve it from responsibility for estimating properly
the difficulty or cost of successfully performing Work. The OWNER assumes no responsibility for any
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conclusions or interpretations made by the CONTRACTOR on the basis of the information made
available by the OWNER/ CONSULTANT.
Differing Site Conditions:
4.4 The CONTRACTOR shall within forty-eight (48) hours of its discovery, and before such conditions are
disturbed, notify the CITY in writing, of:
4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents, and
4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions, and if it finds that such conditions
do materially differ to the extent as to cause an increase or decrease in the CONTRACTOR'S cost
of, or the time required for, performance of any part of the Work under this Contract, an
equitable adjustment shall be made and the Contract modified in writing accordingly.
4.5 No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR has given
the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by
the CITY, but only if done in writing signed by the City Manager or the CONSULTANT.
ARTICLE 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. I.1 The CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda,
Modifications and Shop Drawings at the site at all times and in good order and annotated to show
all changes made during the construction process. These shall be available to the CONSULTANT
and any CITY Representative at all reasonable times. A set of "As -Built" drawings, as well as the
original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations,
shall be made available to the City at all times and it shall be delivered to the CITY upon
completion of the Project.
Labor, Materials and Equipment
6.2 The CONTRACTOR shall provide competent, suitably qualified personnel to lay out the Work and
perform construction as required by the Contract Documents. It shall at all times maintain good
discipline and order at the site.
6.3 The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and
all other facilities and incidentals necessary for the execution, testing, initial operation and completion of
the Work.
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:
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6.6 Materials, equipment and products incorporated in the Work must be approved for use before being
purchased by the CONTRACTOR. The CONTRACTOR shall submit to the CONSULTANT a list of
proposed materials, equipment or products, together with such samples as may be necessary for them to
determine their acceptability and obtain their approval, within ninety (90) calendar days after award of
Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal"
equipment will be approved until this list has been received and approved by the CONSULTANT.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications
by reference to brand name or catalog number, it shall be understood that this is referenced for
the purpose of defining the performance or other salient requirements and that other products of
equal capacities, quality and function shall be considered. The CONTRACTOR may recommend
the substitution of a material, article, or piece of equipment of equal substance and function for
those referred to in the Contract Documents by reference to brand name or catalog number, and
if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of equal
substance and function to that specified, the CONSULTANT may approve its substitution and use
by the CONTRACTOR. Incidental changes or extra component parts required to accommodate
the substitute will be made by the CONTRACTOR without a change in the Contract Price or the
Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT
who shall be the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials shall not be considered justifiable
grounds for an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform to requirements of the
Drawings and Specifications or become damaged during the progress of the Work, such Work or
materials shall be removed and replaced, together with any Work disarranged by such alterations,
at any time before completion and acceptance of the Project. All such Work shall be done at the
expense of the CONTRACTOR.
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any
Subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by
which an interest is retained by the Seller. The CONTRACTOR warrants that they have good
title to all materials and supplies used by them in the Work.
6.6.6 Non -conforming Work: The City of South Miami may withhold acceptance of, or reject items
which are found upon examination, not to meet the specification requirements or conform to the
plans and drawings. Upon written notification of rejection, items shall be removed or uninstalled
within five (5) business days by the CONTRACTOR at his own expense and redelivered and/or
reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days shall be
regarded as abandoned and the CITY shall have the right to dispose of them as its own property
and the CONTRACTOR thereby waives any claim to the good or to compensation of any kind
for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in
the CONTRACTOR being found in default.
6.6.7 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or
services from other sources and hold the CONTRACTOR responsible for any excess costs
occasioned or incurred thereby.
6.6.8 The CITY reserves the right, in the event the CONTRACTOR cannot provide an item(s) or
service(s) in a timely manner as requested, to obtain the good and/or services from other sources
and deducting the cost from the Contract Price without violating the intent of the Contract.
Concerning Subcontractors:
6.7 The CONTRACTOR shall not employ any Subcontractor, against whom the CITY or the
CONSULTANT may have reasonable objection, nor will the CONTRACTOR be required to employ any
Subcontractor who has been accepted by the CITY and the CONSULTANT, unless the CONSULTANT
determines that there is good cause for doing so.
6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of its Subcontractors and of
persons and organizations directly or indirectly employed by it and of persons and organizations for
whose acts any of them may be liable to the same extent that they are responsible for the acts and
omissions of persons directly employed by them. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or
organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part
of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or
organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any
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Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to
the CONTRACTOR on account of specified Work done in accordance with the schedule values.
6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control
the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by
any specific trade.
6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of the OWNER.
6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate
agreement between the CONTRACTOR and the Subcontractor.
6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors material and
men engaged upon their Work.
6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative
to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General
Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors,
and give the CONTRACTOR the same power as regards to terminating any subcontract that the
OWNER may exercise over the CONTRACTOR under any provisions of the Contract
Documents.
6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the
CONTRACTOR and their Subcontractors or between Subcontractors.
6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be
incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR
if and when directed by the CONSULTANT in writing.
6.12A Discrimination: No action shall be taken by the any subcontractor with regard to the fulfilment of the
terms of the subcontract, including the hiring and retention of employees for the performance of Work
that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex,
age, sexual orientation, familial status or disability. This paragraph shall be made a part of the
subcontractor's contract with the Contractor.
Patent Fees and Royalties:
6.13 The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use of any
invention, design, process or device which is the subject of patent rights or copyrights held by others. He
shall indemnify and hold harmless the OWNER and the CONSULTANT and anyone directly or indirectly
employed by either of them from against all claims, damages, losses and expenses (including 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:
6.15 The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay for all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of his Bid. When such charges are normally made by the CITY and when so stated
in the Special Conditions, there will be no charges to the CONTRACTOR. The CITY shall assist the
CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall also
pay all public utility charges.
Electrical Power and Lighting_
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as
required by it. This service shall be installed by a qualified electrical Contractor approved by the
CONSULTANT. Lighting shall be provided by the CONTRACTOR in all spaces at all times where
necessary for good and proper workmanship, for inspection or for safety. No temporary power shall be
used off temporary lighting lines without specific approval of the CONTRACTOR.
Laws and Regulations:
6.17 The CONTRACTOR shall comply with all notices, laws, ordinances, rules and regulations applicable to
the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith,
it shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be
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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.
Safety and Protection:
6.19 The CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. They shall take all necessary precautions for the safety of,
and shall provide the necessary protection to prevent damage, injury or loss to:
6.19.1 All employees and other persons, who may be affected thereby,
6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or
off the site, and
6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
6.20 The CONTRACTOR shall designate a responsible member of their organization at the site whose duty
shall be the prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless
otherwise designated in writing by the CONTRACTOR to the CITY.
Emergencies:
6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto,
the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is
obligated to act, at his discretion, to prevent threatened damage, injury or loss. He shall give the
CONSULTANT prompt written notice of any significant changes in the Work or deviations from the
Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by him
in an emergency which arose from causes beyond his control entitles him to an increase in the Contract
Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and
12.
Shop Drawings and Samples:
6.22 After checking and verifying all field measurements, the CONTRACTOR shall submit to the
CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six
(6) copies (or at the CONSULTANT option, one reproducible copy) of all Shop Drawings, which shall
have been checked by and stamped with the approval of the CONTRACTOR. The Shop Drawings shall
be numbered and identified as the CONSULTANT may require. The data shown on the Shop Drawings
shall be complete with respect to dimensions, design criteria, materials of construction and the like to
enable the CONSULTANT to review the information without any unnecessary investigation.
6.23 The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to
cause no delay in Work, all samples required by the Contract Documents.
All samples shall have been checked by and stamped with the approval of the CONTRACTOR, identified
clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
6.24 At the time of each submission, the CONTRACTOR shall notify the CONSULTANT, in writing, of any
deviations between the Shop Drawings or samples and the requirements of the Contract Documents.
6.25 The CONSULTANT shall review with responsible promptness Shop Drawings and Samples, but his
review shall be only for conformance with the design concept of the Project and for compliance with the
information given in the Contract Documents. The review of a separate item as such will not indicate
review of the assembly in which the items functions. The CONTRACTOR shall make any corrections
required by the CONSULTANT and shall return the required number of corrected copies of Shop
Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The
CONTRACTOR shall notify the CONSULTANT, in writing, of any prior Shop Drawing or revisions to
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Shop Drawings that are in conflict with each submission or re -submission. The CONTRACTOR'S stamp
of approval on any Shop Drawings or sample shall constitute representation to the CITY and the
CONSULTANT that the CONTRACTOR has either determined and/or verified all quantities, dimension,
field construction criteria, materials, catalog numbers and similar data or they assume full responsibility
for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the
requirements of the Work and the Contract Documents.
6.26 No Work requiring a submittal of a Shop Drawing or sample shall be commenced until the submission has
been reviewed and approved in writing by the CONSULTANT. A copy of each Shop Drawing and each
approved sample shall be kept in good order, in a book or binder, in chronological order or in such other
order required by the CONSULTANT in writing, by the CONTRACTOR at the site and shall be available
to the CONSULTANT.
6.27 The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from
his responsibility for any deviations from the requirements of the Contract Documents unless the
CONTRACTOR has informed the CONSULTANT, in writing, to each deviation at the time of
submission and the CONSULTANT has given written approval to the specific deviation, nor shall any
review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omissions in
the Shop Drawings or samples.
6.27A The CONTRACTOR shall be liable to the OWNER for any additional cost or delay that is caused by its
failure to notify the CONSULTANT of any of said deviations or conflicts between Shop Drawings or due
to errors in the Shop Drawings or samples.
Cleaning Up.:
6.28 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work
progresses. Upon completion of the Work, and before acceptance of final payment for the Project by the
OWNER, the CONTRACTOR shall remove all his surplus and discarded materials, excavated material
and rubbish as well as all other material and equipment that does not form a part of the Work, from the
property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, the
CONTRACTOR shall clean his portion of Work involved in any building under this Contract, so that no
further cleaning by the OWNER is necessary prior to its occupancy and he shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Work so as to
leave the whole Work and Work Site in a neat and presentable condition.
6.29 If the CONTRACTOR does not clean the Work site, the CITY may clean the Work Site of the materials
referred to in paragraph 6.28 and charge the cost to the CONTRACTOR.
Public Convenience and Safety:
6.30 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least
practicable obstruction to public travel. The convenience of the general public and of the residents along
and adjacent to the area of Work shall be provided for in a satisfactory manner, consistent with the
operation and local conditions. "Street Closed" signs shall be placed immediately adjacent to the Work, in
a conspicuous position, at such locations as traffic demands. At any time that streets are required to be
closed, the CONTRACTOR shall notify law enforcement agencies and in particular, the City of South
Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire
hydrants and other fire extinguishing equipment shall be provided and maintained at all times.
Sanitary Provisions:
6.31 The CONTRACTOR shall provide on -site office, and necessary toilet facilities, secluded from public
observation, for use of all personnel on the Work Site, whether or not in his employ. They shall be kept
in a clean and sanitary condition and shall comply with the requirements and regulations of the Public
Authorities having jurisdiction. They shall commit no public nuisance. Temporary field office and sanitary
facilities shall be removed upon completion of the Work and the premises shall be left clean.
Indemnification:
6.32 Contractor shall comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of
the Supplementary Conditions (Insurance and indemnification requirements).
6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of
any such claim or demand, CONTRACTOR, upon written notice from CITY shall defend such action or
proceeding by counsel satisfactory to CITY. The indemnification provided above shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense, at CITY'S option, any and
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all claims of liability and all suits and actions of every name and description that may be brought against
OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the
sole negligence of OWNER or CONSULTANT.
6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the
CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to
give directions or instructions by the CONSULTANT, its agents or employees provided such act or
omission is the primary cause of injury or damage.
6.34A All of the forgoing indemnification provisions shall survive the term of the Contract to which these
General Conditions are a part. Indemnification shall not exceed an amount equal to the total value of all
insurance coverage required by Section 5.1 of this document. Indemnification is limited to damages caused
in whole or in part by any act, omission, or default of the Contractor, the Contractor's subcontractors,
sub -subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused
by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons
employed or utilized by the indemnifying party in the performance of the construction contract.
Responsibility for Connection to Existing Work:
6.35 It shall be the responsibility of the CONTRACTOR to connect its Work to each part of the existing
Work, existing building or structure or Work previously installed as required by the Drawings and
Specifications to provide a complete installation.
6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of -
ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., shall be
done in accordance with requirements of the special conditions. The OWNER will be responsible for
obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the
Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper
authorities, stating that the Work has been done in accordance with their requirements.
6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
6.36.2 The CONSULTANT shall be responsible for obtaining elevations of curbs and gutters, pavement,
storm structures, and other items which must be established by governmental departments as
soon as grading operations are begun on the site and, in any case, sufficiently early in the
construction period to prevent any adverse effect on the Project.
Cooperation with Governmental Departments, Public Utilities. Etc.:
6.37 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental
departments, public utilities, public carriers, service companies and corporations (hereinafter referred to
as "third parties") owning or controlling roadways, railways, water, sewer, gas, electrical conduits,
telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys,
etc., including incidental structures connected therewith, that are encountered in the Work in order that
such items are properly shored, supported and protected, that their location is identified and to obtain
authority from these third parties for relocation if the CONTRACTOR desires to relocate the item. The
CONTRACTOR shall give all proper notices, shall comply with all requirements of such third parties in
the performance of his Work, shall permit entrance of such third parties on the Project in order that they
may perform their necessary work, and shall pay all charges and fees made by such third parties for their
work.
6.37.1 The CONTRACTOR'S attention is called to the fact that there may be delays on the Project due
to work to be done by governmental departments, public utilities, and others in repairing or
moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every
way possible, so that the construction can be completed in the least possible time.
6.37.2 The CONTRACTOR shall have made itself familiar with all codes, laws, ordinances, and
regulations which in any manner affect those engaged or employed in the Work, or materials and
equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of
misunderstanding will be considered on account of damage or delay caused by his ignorance
thereof.
Use Premises:
6.38 CONTRACTOR shall confine its apparatus, storage of materials, and operations of its workmen to the
limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not
unnecessarily encumber any part of the site or any areas off site.
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6.38.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such
weight as will endanger its safety, nor shall it subject any work to stresses or pressures that will
endanger it.
6.38.2 CONTRACTOR shall enforce the rules and regulation promulgated by the CONSULTANT and
OWNER as well as their instructions with regard to signs, advertisements, fires and smoking.
6.38.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of
its employees, subcontractors and other personnel, as well as that of the material delivery trucks
and other vehicles that come to the Project site.
6.38.4 The City will designate specific areas on the site for storage, parking, etc. and the job site shall be
fenced to protect the job site and the general public.
6.38.5 The CONTRACTOR shall furnish, install and maintain adequate construction office facilities for all
workers employed by it or by its Subcontractors. Temporary offices shall be provided and
located where directed and approved by the CONSULTANT. All such facilities shall be furnished
in strict accordance with existing governing regulations. Field offices shall include telephone
facilities.
Protection of Existing Property Improvements:
6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,
footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings
or noted in the Specifications as being removed or altered shall be protected from damage during
construction of the Project. Any such improvements damaged during construction of the Project shall
be restored at the expense of the CONTRACTOR to a condition equal to that existing at the time of
award of Contract.
ARTICLE 7 - WORK BY OTHERS.
7.1 The CITY may perform additional Work related to the Project or may let other direct contracts therefor
which shall contain General Conditions similar to these. The CONTRACTOR shall afford the other
contractors who are parties to such direct contracts (or the OWNER, if it is performing the additional
Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the
execution of Work, and shall properly connect and coordinate its Work with theirs.
7.2 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
other contractor or the OWNER, the CONTRACTOR shall promptly report to the CONSULTANT in
writing any defects or deficiencies in such Work that render it unsuitable for the CONTRACTOR's
Work.
7.3 The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make
its several parts come together properly and fit to receive or be received by such other Work. The
CONTRACTOR shall not endanger any Work of others by cutting, excavating or otherwise altering their
Work and shall only cut or alter their Work with the written consent of the CONSULTANT and of the
other contractor whose work will be affected.
7.4 If the performance of additional Work by other contractors or the OWNER is not noted in the Contract
Documents prior to the execution of the Contract, written notice thereof shall be given to the
CONTRACTOR prior to starting any such additional Work. If the CONTRACTOR believes that the
performance of such additional Work by the OWNER or others will cause the CONTRACTOR
additional expense or entitles him to an 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.
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7.8 Each of several contractors working on the Project Site shall keep themselves informed of the progress of
the work of other contractors. Should lack of progress or defective workmanship on the part of other
contractors interfere with the CONTRACTOR's operations, the CONTRACTOR shall notify the
CONSULTANT immediately and in writing. Lack of such notice to the CONSULTANT shall be
construed as acceptance by the CONTRACTOR of the status of the work of other contractors as being
satisfactory for proper coordination of CONTRACTOR's own Work.
7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice,
Defective Work or lack of coordination shall be the CONTRACTOR's cost.
7.10 The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
ARTICLE 8 — CI*MS RESPONSIBILITIES.
8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT.
8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT
whose status under the Contract Documents shall be that of the former CONSULTANT.
8.3 The CITY shall promptly furnish the data required of them under the Contract Documents.
8.4 The CH Y'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2.
8.5 The CITY shall have the right to take possession of and use any completed or partially completed
portions of the Work, notwithstanding the fact that the time for completing the entire Work or any
portion thereof may not have expired; but such taking possession and use shall not be deemed an
acceptance of any Work not completed in accordance with the Contract Documents.
ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION.
City's Representative:
9.1 The CONSULTANT shall be the CH Y'S representative during the construction period. The duties and
responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during
construction are set forth in Articles I through 16 of these General Conditions and shall not be extended
without written consent of the CITY and the CONSULTANT.
9. I.1 The CONSULTANT's decision, in matters relating to aesthetics, shall be final, if within the terms
of the Contract Documents.
9.1.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other
matters in question between the CITY and the CONSULTANT arising out of or relating to this
Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the
State of Florida.
Visits to Site:
9.2 The CONSULTANT shall provide an inspector to make periodic visits to the site at each phase of
construction to observe the progress and quality of the executed Work and to determine if the Work is
proceeding in accordance with the Contract Documents. His efforts shall be directed toward providing
assurance for the OWNER and all applicable regulatory agencies that construction is in compliance with
the Construction Documents and applicable laws, rules and regulations. On the basis of these on site -
observations as an experienced and qualified design professional, he shall keep the CITY informed of the
progress of the Work and shall guard the OWNER against defects and deficiencies in the Work of
CONTRACTOR.
Clarifications and Interpretations:
9.3 The CONSULTANT shall issue, with reasonable promptness, such written clarifications or interpretations
of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which
shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If
the CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a
written clarification and/or interpretation, it shall be required to submit a timely claim as provided in
Articles I I and 12.
Measurement of 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.
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Rejecting Defective Work:
9.5 The CONSULTANT shall have authority to disapprove or reject Work that is "Defective Work" as
defined in Article I. It shall also have authority to require special inspection or testing of the Work
including Work fabricated on or off site, installed or completed as provided. In the event that the
CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing shall be
approved in writing by the CITY. All consequential cost of such inspections and testing, including but not
limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others,
the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair
work can be completed, shall paid by the CONTRACTOR if the Work is found to be Defective Work.
Shop Drawings. Change Orders and Payments:
9.6 In connection with the CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs
6.25 through 6.28, inclusive.
9.7 In connection with the CONSULTANT's responsibility for Change Orders see Articles 10, 11, and 12.
9.8 In connection with the CONSULTANT responsibilities with respect to the Application for Payment, etc.,
see Article 14.
Decisions on Disagreements:
9.10 The CONSULTANT shall be the initial interpreter of the Construction Documents.
Limitations on Consultant's Responsibilities:
9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences
or procedures, or the safety precautions and programs incident thereto.
9.12 The CONSULTANT will not be responsible for the acts or omissions of the CONTRACTOR, or any
Subcontractors, or any of their agent, servants or employees, or any other person performing any of the
Work under or through them.
ARTICLE 10 -CHANGES IN THE WORK.
10.1 Without invalidating the Contract, the CITY may, at any time or from time to time, order additions,
deletions or revisions in or to the Work which shall only be authorized by a written Change
Orders. Upon receipt of a Change Order, the CONTRACTOR shall proceed with the Work
involved. All such Work shall be performed under the applicable conditions of the Contract
Documents. If any authorized written Change Order causes an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as
provided in Article I I or Article 12. A written Change Order signed by the CITY and the
CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders shall
be certified by the CONSULTANT as to the appropriateness and value of the change in the Work as well
as to any change in the time to complete the Work under the circumstances. The failure to include a
time extension in the Change Order or in the request for a change order shall result in a waiver of any
extension of time due to the change in the work as reflected in the Change Order.
10.2 The CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost
and not inconsistent with the overall intent of the Contract Documents without the need for a formal
written Change Order provided the CONTRACTOR does not request additional time or additional
compensation. These may be accomplished by a written Field Order. If the CONTRACTOR believes
that any change or alteration authorized by the CONSULTANT's Field Order would entitles the
CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a
written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the
Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise
the CONTRACTOR shall be deemed to have waived such claim.
10.3 Additional Work performed by the CONTRACTOR without authorization of a written Change Order
shall not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in
the case of an emergency as provided in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT covering changes in
the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as
provided in paragraph 6.22 and any other claim of the CONTRACTOR for a change in the Contract Time
or the Contract Price which is approved by the CONSULTANT.
10.5 It is the CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of
the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall
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be adjusted accordingly. The CONTRACTOR shall furnish proof of such an adjustment to the CITY
before commencement of the Change Order Work. The Work shall be stopped until the
CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay shall be
charged to the CONTRACTOR.
ARTICLE I I — CHANGE OF CONTRACT PRICE.
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for Performing
the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR
shall be at its expense without changing the Contract Price.
11.2 The CITY may, at any time, without written notice to the sureties, by written order designated or
indicated to be a Change Order, make any change in the Work within the general scope of the Contract,
including but not limited to changes to or in:
11.2.1 Specifications (including drawings and designs);
11.2.2 Method or manner of performance of the Work.
11.2.3 CITY -furnished facilities, equipment, materials, services, or site; or
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 shall be treated as a Change Order or entitle the CONTRACTOR to an equitable
adjustment unless and until the change in the Work is specifically and expressly provided for in a written
Change Order, or as otherwise provided in another section of the Contract Documents.
11.4 When a Change Order is issued by the CONSULTANT and signed by the CITY or issued by the CITY in
writing, the CONTRACTOR shall perform the Work even if the CONTRACTOR does not agree with
the dollar amount of the Change Order. If any Change Order causes an increase or decrease in the
CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this
Contract, for which the CITY and the CONTRACTOR cannot reach a timely agreement, an equitable
adjustment based on the cost of the Work shall be made and the Contract modified accordingly.
11.5 If the CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable
adjustment made by the CONSULTANT, it shall, within ten (10) calendar days after receipt of a written
Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting
forth the general nature and monetary extent of such claim for equitable adjustment, time extension
requested and supporting data. In determining the cost of the Change Order, the costs shall be limited to
those listed in section 11.7 and 11.8.
11.6 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted
in accordance with this section or if asserted after final payment under this Contract.
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, such costs shall be in amounts no higher than those prevailing in Miami -Dade
County and shall include only the following items:
11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work described in the Change Order under schedules of job classifications agreed upon by CITY
and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work. Payroll costs shall be limited to:
salaries and wages, plus the costs of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensation, health and
retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall
include superintendents and foremen at the site. The expenses of performing Work after regular
working hours, on Sunday or legal holidays shall be included in the above only if authorized by
CITY and provided it was not in any way, whether in whole or in part the result of the fault of the
CONTRACTOR due to negligence of the CONTRACTOR or those acting by or through him or
due in whole or in part to Defective Work of the CONTRACTOR.
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11.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection
therewith. The CONTRACTOR shall notify the CITY of all cash discounts that are available and
offer the CITY the opportunity to deposit funds with the CONTRACTOR for the payment for
items that offer a discount. Cash discounts shall accrue to CONTRACTOR unless the
CONTRACTOR fails to timely notify the CITY of the discounts or if the OWNER deposits funds
with CONTRACTOR with which to make payments in which cases the cash discounts shall
accrue to the OWNER. All trade discounts, rebates and refunds, and all returns from sale of
surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make
provisions so that they may be obtained.
11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by CITY, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to him and shall deliver such bids to CITY who will then determine,
with the advice of the CONSULTANT, which Bids will be accepted. No subcontract shall be a
cost plus contract unless approved in writing by the CITY. If a Subcontract provides that the
Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance this section 11.8 and in such case the word "Subcontractor" shall be
substituted for the word "CONTRACTOR".
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 with the advice of CONSULTANT, and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof - all in accordance with terms of said
rental agreements. The rental of any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the Work.
11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed
by any governmental authority.
11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a
separate item.
11.8.7 The cost of utilities, fuel and sanitary facilities at the site.
11.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site,
expressage and similar petty cash items in connection with the Work.
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:
11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers,
agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR
whether at the site or in its principal or a branch office for general administration of the Work
and not specifically included in the schedule referred to in Subparagraph 11.5.
11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site.
11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except as otherwise
provided in Subparagraph 11.8.9).
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:
11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon.
1 1.10.2 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,
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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 the OWNER, that the Contract Time for the completion of the Work described herein is a
reasonable time, taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the Work. No extension of time shall be granted due conditions that the
Contractor knew of or should have known of before bidding on the project or due to inclement weather,
except as provided in section 12.7.
12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time
granted by the CITY, then the CONTRACTOR shall pay to the OWNER the amount of liquidated
damages as specified in the Contract Documents for each calendar day after the scheduled date for
completion as adjusted by written Change Orders that extended the completion date.
12.3.1 These amounts are not penalties but are liquidated damages incurred by the OWNER for its
inability to obtain full use of the Project Liquidated damages are hereby fixed and agreed upon
between the parties, recognizing the impossibility of precisely ascertaining the amount of damages
that will be sustained as a consequence of such delay, and both parties desiring to obviate any
question or dispute concerning the amount of said damages and the cost and effect of the failure
of CONTRACTOR to complete the Contract on time. The above -stated liquidated damages shall
apply separately to each phase of the Project for which a time for completion is given.
12.3.2 CITY is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the
Work under this Contract
12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the
CONTRACT TIME shall be based on written notice delivered to the CITY and CONSULTANT within
five (5) business days of the occurrence of the event giving rise to the claim and stating the general nature
of the claim including supporting data. All claims for adjustment in the Contract Time shall be evaluated
and recommended by the CONSULTANT, with final approval by the CITY'S representative. Any change
in the Contract Time resulting from any such claim shall be incorporated in a written Change Order.
12.5 All time limits stated in the Contract Documents are of the essence of the Contract
12.6 No claim for delay shall be allowed because of failure to furnish Drawings before the expiration of
fourteen (14) calendar days after demand has been made in writing to the CONSULTANT for such
Drawings. Furthermore, there shall be no monetary compensation for such delay and the
CONTRACTOR's sole remedy shall be an extension of time for the period of delay.
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall not be
granted unless the weather was unusual for South Florida and could not have been anticipated, the
abnormal weather is documented by records from the national weather service and the abnormal
weather is documented to have had a substantial affected on the construction schedule.
12.8 No Damages for Delay: The CONTRACTOR agrees that he shall not have any claim for damages due to
delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages shall
be limited to increased cost of materials that were unanticipated and that would not have been incurred
but for the delay. Other than as set forth above, the only remedy for any delay 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 the City 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
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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 the City, whichever is applicable and if more than one is applicable,
the one that is issued last. The CITY will give notice of observed defects with reasonable promptness. In
the event that the CONTRACTOR should fail to commence to correct such Defective Work within ten
(10) calendar days after having received written notice of the defect, or should the CONTRACTOR
commence the corrective work, but fail to prosecute the corrective work continuously and diligently and
in accordance with the Contract Documents, applicable law, rules and regulations, the CITY may declare
an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed
or corrected and to complete the Work at the CONTRACTOR's expense, and the CITY shall charge the
CONTRACTOR the cost thereby incurred. The Performance Bond shall remain in full force and effect
through the guarantee period.
13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed
in Section 13.1, shall take precedence over Section 13.1.
13.3 CONTRACTOR shall act as agent, on a limited basis for the OWNER, at the CITY's option, solely for
the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee
and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract
13.4 In case of default by the CONTRACTOR, the City of South Miami may procure the articles or services
from other sources and hold the CONTRACTOR responsible for any excess costs occasioned or
incurred thereby.
13.5 The CITY may withhold acceptance of, or reject items which are found upon examination, not to meet
the specification requirements. Upon written notification of rejection, items shall be removed within five
(5) business days by the CONTRACTOR at his own expense and redelivered at his expense. Rejected
goods left longer than thirty (30) calendar days shall be regarded as abandoned and the City shall have the
right to dispose of them as its own property and the CONTRACTOR thereby waives any claim to the
good or to compensation of any kind. Rejection for Non -Conforming Work or failure to meet delivery
schedules may result in the Contract being found in default.
ARTICLE 14 - PAYMENTS AND COMPLETION.
Payments to Contractor
14.1 The Contractor shall not be entitled to any money for any work performed before the issuance of a
Notice to Proceed on the form described in the Contract Documents and the issuance by the City of a
"purchase order", or any other document, does not and shall not authorize the commencement of the
Work. At least ten (10) calendar days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR shall submit to the CONSULTANT a partial payment estimate filled
out and signed by the CONTRACTOR covering the Work performed during the period covered by the
partial payment estimate and supported by such data as the CONSULTANT may reasonably require. All
progress payment applications after the first progress payment shall be accompanied by partial releases of
lien executed by all persons, firms and corporations who have furnished labor, services or materials
incorporated into the work during the period of time for which the previous progress payment was made,
releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of
materials and equipment not incorporated in the Work but delivered and suitably stored at or near site,
the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY,
which establishes the OWNER'S title to the material and equipment as well as certificates of insurance
providing coverage for 100% of the value of said material and equipment covering the material and
equipment from all casualties as well as theft, vandalism, fire and flood. The CONTRACTOR shall replace
at its expense any stored materials paid for which are either damaged or stolen before installation. The
CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either
certifying in writing its approval of payment and present the partial payment estimate to the OWNER, or
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return the partial payment estimate to the CONTRACTOR, indicating in writing his reasons for refusing
to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and
resubmit the partial payment estimate. The OWNER, will within thirty (30) calendar days of presentation
to it of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis
of the approved partial payment estimate. The OWNER shall retain ten (10%) percent of the amount of
each payment until Final Completion and Acceptance of all Work covered by the Contract Documents.
Any interest earned on the retainage shall accrue to the benefit of the OWNER.
14.2 The CONTRACTOR, before it shall receive final payment, shall deliver to the CITY a Contractor's Final
Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien
executed by all persons who have performed or furnished labor, services or materials, directly or
indirectly, which was incorporated into the Work. If any person refuses to provide such a release or
provides a conditional release, the CITY shall have the right to issue a joint check made payable to the
CONTRACTOR and such person.
Contractor's Warranty of Title
14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by
an Application for Payment whether the Work, material or equipment is incorporated in the Project or
not, shall have passed to the OWNER prior to the making of the Application for Payment, free and clear
of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to
as "Liens'); and that no Work, materials or equipment, covered by an Application for Payment, will have
been acquired by the CONTRACTOR or by any other person performing the Work at the site or
furnishing materials and equipment for the Project, under or pursuant to an agreement under which an
interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the
CONTRACTOR or such other person.
Approval of Payment
14.4 The CONSULTANT's approval of any payment requested in an Application for Payment shall constitute a
representation by him to the CITY, based on the CONSULTANT's on site observations of the Work in
progress as an experienced professional and on his review of the Application for Payment and supporting
data, that the Work has progressed to the point indicated in the Application for Payment; that, to the
best his knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as
defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any
qualifications stated in his approval); and that the CONTRACTOR is entitled to payment of the amount
approved. However, by approving, any such payment the CONSULTANT shall not thereby be deemed
to have represented that he made exhaustive or continuous on -site observations to check the quality or
the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and
procedures of construction or that he had made any examination to ascertain how or for what purpose
the CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or
that title to any Work, materials, or equipment has passed to the OWNER free and clear of any liens.
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used in the
construction of this Work and that all materials included in this request for payment and not yet
incorporated into the construction are now on the site or stored at an approved location, and payment
received from the last request for payment has been used to make payments to all his Subcontractors
and suppliers, except for the amounts listed below beside the names of the persons who performed work
or supplied materials".
In the event that the CONTRACTOR withholds payment from a Subcontractor or Supplier, the same
amount of money shall be withheld from the CONTRACTOR's payment until the issue is resolved by
written agreement between them and then a joint check shall be made payable to the person in question
and the CONTRACTOR in accordance with the settlement agreement, otherwise the money shall be
held by the OWNER until a judgment is entered in favor of the CONTRACTOR or the person, in which
case the money shall be paid according with said judgment. Nothing contained herein shall indicate an
intent to benefit any third persons who are not signatories to the Contract.
14.6 The CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is
unable to make such representations to the OWNER as required this Section 14. It may also refuse to
approve any payment, or it may void any prior payment application certification because of subsequently
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discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary
in its opinion to protect the OWNER from loss because:
14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement,
14.6.2 the Work for which payment is 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 the CITY has correct Defective Work or completed the Work in accordance with Article 13.
14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs
6.29 and 6.30,
14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to
carry out the Work in accordance with the Contract Documents,
14.6.8 of liquidated damages payable by the CONTRACTOR, or
14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance the OWNER, with the approval of the CONSULTANT, may use any completed
or substantially completed portions of the Work provided such use does not interfere with the
CONTRACTOR's completion of the Work. Such use shall not constitute an acceptance of such portions
of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the
Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole
responsibility for the care and protection of the Work, or the restoration of any damaged Work except
such as may be caused by agents or employees of the OWNER.
14.9 Upon completion and acceptance of the Work the CONSULTANT shall issue a Certificate attached to
the Final Application for Payment that the Work has been accepted by it under the conditions of the
Contract Documents. The entire balance found to be due the CONTRACTOR, including the retained
percentages, but except such sums as may be lawfully retained by the OWNER, shall be paid to the
CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work.
14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with
the Owner. The Bank of America ePayables Solution is an automated card payment process that shifts
accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of
making payments to your organization going forward, the City will provide the CONTRACTOR with a
credit card account number to keep on file. This card has unique security features, with $0 of available
funds until an invoice is approved for payment. After an invoice has received proper and complete
approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies the
CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount
listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form
contained in this RFP or contact the OWNER's Finance department at (305) 663-6343 with any questions.
Acceptance of Final Payment as Release
14.11 The Acceptance by the CONTRACTOR of Final Payment shall be and shall operate as a release to the
OWNER and a waiver of all claims and all liability to the CONTRACTOR other than claims previously
filed and unresolved. The waiver shall include all things done or furnished in connection with the Work
and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any
obligations under the Contract Documents or the Performance Bond and Payment Bonds.
14.12 The CONSULTANT may void any certification of Substantial Completion or Final Completion of the
Work as may be necessary in his opinion to protect the OWNER from loss if he determines, because of
subsequently discovered evidence or the results of subsequent inspection or tests, that
14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of the
CONTRACTOR or any individual or entity operating under or through it requiring correction
or replacement to the extent that the project is no longer Substantially Completed, or in the
case of Final Completion certification, is no longer Finally Competed.
14.12.2 the Work necessary to be completed for the purpose of certifying the work as being
Substantially Completed or Finally Completed cannot be verified,
14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the
probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to the
CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final
Completion.
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14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce
the amount owing to the CONTRACTOR BY 20% in the case of Substantial Completion and 5%
in the case of Final Completion.
14.13 If the CONSULTANT de -certifies any portion of the Work that was certified ("Initial Certification") by
the CONSULTANT, the CONTRACTOR shall repay to the City of South Miami any money paid as a
result of said Initial Certification being issued which shall be paid only when the decertified work is re-
certified.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION.
15.1 The CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of
not more than ninety (90) calendar days by notice in writing to the CONTRACTOR and the
CONSULTANT, which shall fix the date on which Work shall be resumed. The CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly
attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles
I I or Article 12.
City May Terminate
15.2 If the CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the
benefit of its creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any its
property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy
or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or
equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or
equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having
jurisdiction, or if he disregards the authority of the CONSULTANT, or if he otherwise violates any
provision of, the Contract Documents, then the CITY may, without prejudice to any other right or
remedy and after giving the CONTRACTOR and the Surety seven (7) calendar days written notice,
terminate the services of the CONTRACTOR and take possession of the Project and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and
finish the Work by whatever method it may deem expedient. In such case the CONTRACTOR shall not
be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds the direct and indirect costs of completing the Project, including compensation
for additional professional services, such excess shall be paid to the CONTRACTOR. If such costs
exceed such unpaid balance, the CONTRACTOR or the Surety on the Performance Bond shall pay the
difference to the OWNER. Such costs incurred by the OWNER shall be determined by the
CONSULTANT and incorporated in a Change Order.
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent
jurisdiction for any reason that the CONTRACTOR was not in default, the rights and obligations of the
OWNER and the CONTRACTOR shall be the same as if the termination had been issued pursuant to
Section 15.5
15.3 Where the CONTRACTOR'S services have been so terminated by the CITY said termination shall not
affect any rights of the OWNER against the CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys by the OWNER due the CONTRACTOR shall not release
the CONTRACTOR from liability.
15.4 Upon seven (7) calendar days' written notice to the CONTRACTOR and the CONSULTANT, the CITY
may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract
for the convenience of the OWNER. In such case, the CONTRACTOR shall be paid for all Work
executed and accepted by the CITY as of the date of the termination, minus any deduction for damage or
Defective Work. No payment shall be made for profit for Work which has not been performed.
I SAA The CITY reserves the right in the event the CONTRACTOR cannot provide an item(s) or service(s) in a
timely manner as requested, to obtain the good and/or services from other sources and deducting the
cost from the Contract Price without violating the intent of the Contract.
Removal of Equipment
15.5 In the case of termination of this Contract before completion for any cause whatever, the
CONTRACTOR, if notified to do so by the CITY, shall promptly remove any part or all of its equipment
and supplies from the property of the OWNER. Should the CONTRACTOR not remove such
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equipment and supplies, the CITY shall have the right to remove them at the expense of the
CONTRACTOR and the CONTRACTOR agrees that the OWNER shall not be liable for loss or damage
to such equipment or supplies. Equipment and supplies shall not be construed to include such items for
which the CONTRACTOR has been paid in whole or in part.
Contractor May Stop Work or Terminate
15.6 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than
ninety (90) calendar days by the CITY or by order of other public authority, or under an order of court
or the CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it
is submitted, or the OWNER fails to pay the CONTRACTOR any sum approved by the CONSULTANT,
within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon
twenty (20) calendar days written notice to the CITY and the CONSULTANT, terminate the
Contract. The CITY may remedy the delay or neglect within the twenty (20) calendar day time frame. If
timely remedied by the CITY, the Contract shall not be considered terminated. In lieu of terminating the
Contract, if the CONSULTANT has failed to act on an Application for Payment or the OWNER has failed
to make any payment as afore said, the CONTRACTOR may upon ten (10) calendar days' notice to the
CITY and the CONSULTANT stop the Work until it has been paid all amounts then due.
Indemnification of Independent Consultant.
15.7 The CONTRACTOR and the CITY hereby acknowledges that if the CONSULTANT is an independent
contractor of the OWNER, the CONSULTANT may be reluctant to rule on any disputes concerning the
Contract Documents or on the performance of the CONTRACTOR or the OWNER pursuant to the
terms of the Contract Documents. Therefore, the OWNER, at the CONSULTANT's request, agrees to
provide the CONSULTANT with a written indemnification and hold harmless agreement to indemnify
and hold the CONSULTANT harmless as to any decision in this regard before the CONSULTANT makes
an interpretation, de -certifies a payment application, decertifies Substantial Completion, decertifies Final
Completion, certifies an event of default, or approves any action which requires the approval of the
CONSULTANT.
ARTICLE 16 —MISCELLANEOUS.
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be
deemed to have been validly given if delivered in person to the individual or to a member of the firm or
to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last known business address.
16.2 The Contract Documents shall remain the property of the OWNER. The CONTRACTOR and the
CONSULTANT shall have the right to keep one record set of the Contract Documents upon completion
of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary
Conditions, if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract
Documents and the rights and remedies available to the OWNER and CONSULTANT thereunder, shall
be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available
by law, by special guarantee or by other provisions of the Contract Documents.
16.4 Should the OWNER or the CONTRACTOR suffer injury or damage to its person or property because of
any error, omission, or act of the other or of any of their employees or agents or others for whose acts
they are legally liable, claim shall be made in writing to the other party within twenty-one (21) calendar
days of the first observance of such injury or damage.
ARTICLE 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.
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18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida egarding 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, countercl ims, disputes and
other matters in question between the OWNER and the CONTRACTOR arising out : f or relating to
this Contract or the breach thereof, shall be decided in a court of competent jurisdiction within the State
of Florida.
ARTICLE 19 - PROJECT RECORDS,
19.1 The CITY shall have right to inspect and copy during regular business hours at OWNER'S expense, the
books and records and accounts of CONTRACTOR which relate in any way to the Pr ject, and to any
claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and
accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and
make available to CITY all such books and records and accounts, financial or otherwise which relate to
the Project and to any claim for a period of three (3) years following final completion o the
Project During the Project and the three (3) year period following final completion of the Project,
CONTRACTOR shall provide CITY access to its books and records upon five (5) business day's written
notice.
19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law
(s.119.0701) while providing services on behalf of the OWNER and the CONTRACTO I, under such
conditions, shall incorporate this paragraph in all of its subcontracts for this Project. C NTRACTOR
and its subcontractors are specifically required to: (a) Keep and maintain public record required by the
public agency to perform the service; (b) Upon request from the public agency's custod in of public
records, provide the public agency with a copy of the requested records or allow the r cords to be
inspected or copied within a reasonable time at a cost that does not exceed the cost p vided in this
chapter or as otherwise provided by law; (c) Ensure that public records that are exem t 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 co tractor does not
transfer the records to the public agency; and (d) Upon completion of the contract, tra isfer, at no cost,
to the public agency all public records in possession of the contractor or keep and main in public records
required by the public agency to perform the service. If the contractor transfers all publ c records to the
public agency upon completion of the contract, the contractor shall destroy any duplica a 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 co Itractor 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 APP ICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTO .S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, C NTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 305-663-6 40; E-mail:
npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33141..
19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the CITY shall
have the right to enforce this contract provision by specific performance and the person who violates this
provision shall be liable to OWNER for its costs of enforcing this provision, including a orney fees
incurred in all proceedings, whether administrative or civil court and in all appellate pro eedings.
ARTICLE 20 — SEVERABILITY.
20.1 If any provision of the Contract or the application thereof to any person or situation sh II to any extent,
be held invalid or unenforceable, the remainder of the Contract, and the application of s ich provisions to
persons or situations other than those as to which it shall have been held invalid or unet iforceable shall
not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
ARTICLE 21 — INDEPENDENT CONTRACTOR.
21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract Services provided by the
CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the
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CONTRACTOR, and not as officers, employees, or agents of the OWNER. Personnel policies, tax
responsibilities. social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to services rendered under the Contract shall be those of
the CONTRACTOR.
ARTICLE 22— ASSIGNMENT
,
22.1 The CONTRACTOR shall not transfer or assign any of its rights or duties, obligations and responsibilities
arising under the terms, conditions and provisions of this Contract without prior written consent of the
City Manager. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the
CONTRACTOR's rights. The CITY may, in its sole and absolute discretion, refuse to allow the
CONTRACTOR to assign its duties, obligations and responsibilities. In any event, the CITY shall not
consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of
the Agreement by the assignee, the assignee meets all of the CITY's requirements to the CITY's sole
satisfaction and the assignee executes all of the Contract Documents that were required to be executed
by the CONTRACTOR
IN WITNESS WHEREOF, the parties hereto h executed the PpIen�eral Conditions to acknowledge
their inclusion as part of the Contract Documents on this day of Zlti J_ _,.�,_/---
..y2024Y
rnNTRAr-TAR'1J/N.GG Y.{� — 1c .Z;•)C.
Print Signatory's Na e: Q rrd 6e '4 e L
Tide of Signatory: `_.
ATTESTED:: , OWNER: ClTf OF SOUTH MIAMI
Signature: 'v I _.., _ Signature:
—
Nk ga PayA Shari Karnali
City Clerk City Manager
Read and Approved as to Form. Language.
Legality, and Execution Thereof:
J=o
Signature:
U /
City Attorney
Wcfmm
188 of 197
EXHIBIT 6
Supplementary Conditions
CONSTRUCTION CONTRACT
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
A. Consultant In accordance with ARTICLE I of the General Conditions CONSULTANT is defined as the
person identified as the CONSULTANT in the Supplementary Conditions or if none, then CITY's
designated representative as identified in the Supplementary Conditions. The CONSULTANT's, if any, and
the City's Designated Representative's name, address, telephone number and facsimile number are as
follows:
Consultant:
Stantec
901 Ponce de Leon Blvd.
Suite 900
Coral Gables, FL 33134
Ph:3051445-2900
Fax:305/445-3344
B, Termination or Substitution of Consultant: Nothing herein shall prevent the CITY from terminating the
services of the CONSULTANT or from substituting another "person" to act as the CONSULTANT.
C. Plans for Construction: The successful CONTRACTOR will be furnished secs of Contact
Documents without charge. Any additional copies required will be furnished to the CONTRACTOR at a
case 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, Attachments A, B, C & D 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. / l3 M - G,
F. The Work shall be completed inj�Gjgmd r daa!S unless a shorter time is sec 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 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, that the
CONTRACTOR has received sufficient notice of the resolution thereof from the City, that such resolution
is acceptable to CONTRACTOR and that the CONTRACTOR waives any claim regarding the conflicts,
errors or discrepancies.
IN WITNESS WHEREOF, the parties hereto have�xecuted e u plementary CondJ,c'ions to
acknowledge their inclusion as pan of the Contract on this day of _ //�
e-r)MTnnr-Tnr�XJ gdLG 1L A-) C,
Signature:
Print Signatory's N e:�[`C�� v
Title of Signatory: __ __ _ _ �eo-f
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189 of 197
ATTESTED:
Signature: _I v
Nken Payne
City Clerk
Read and Approved as to Form, Langu e.
Legality, and Executi reoi
Signature:
City Attorney
OWNER: CITY OF SOUTH MIAPI
Signature: 4-D—t,�,Luxu,��
Shari Karnali
City Manager
END OF SECTION
need of "?,
Florida Department of Transportation
RON DESANTIS 605 Suwannee Street KEVIN J. THIBAULT, P.E.
GOVERNOR Tallahassee, FL 32399-0450 SECRETARY
May 25, 2020
MAGGOLC INC.
11020 SW 55 STREET
MIAMI, FLORIDA 33165
RE: CERTIFICATE OF QUALIFICATION
Dear Sir/Madam:
The Department of Transportation has qualified your company for the type of work
indicated below. Unless your company is notified otherwise, this Certificate of
Qualification will expire 6/30/2021. However, the new application is due 4/30/2021.
In accordance with S.337.14 (1) F.S. your next application must be filed within (4)
months of the ending date of the applicant's audited annual financial statements.
If your company's maximum capacity has been revised, you can access it by logging into
the Contractor Prequalification Application System via the following link:
RTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualification/
Once logged in, select "View" for the most recently approved application, and then
click the "Manage" and "Application Summary" tabs.
FDOT APPROVED WORK CLASSES:
DRAINAGE, FLEXIBLE PAVING, GRADING, SIDEWALK
You may apply for a Revised Certificate of Qualification at any time prior to the
expiration date of this certificate according to Section 14-22.0041(3), Florida
Administrative Code (F.A.C.), by accessing your most recently approved application as
shown above and choosing "Update" instead of "View." If certification in additional
classes of work is desired, documentation is needed to show that your company has done
such work with your own forces and equipment or that experience was gained with
another contractor and that you have the necessary equipment for each additional class
of work requested.
All prequalified contractors are required by Section 14-22.006(3), F.A.C., to certify
their work underway monthly in order to adjust maximum bidding capacity to available
bidding capacity. You can find the link to this report at the website shown above.
AA:cg
Sincerely,
4&0z-, Z�). .�G I
Alan Autry, Manager
Contracts Administra ion Office
www.fdot.gov
154 of 197
EXHIBIT #2
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
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 insure that all of its Subcontractors maintain appropriate
levels of Workers 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
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(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 FIRM 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 FIRM, as their interest may appear, and shall also cover the interests of all Subcontractors or
Subconsultants 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 FIRMs duty to indemnify the
City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY 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:
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"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, Subcontractors/subconsultants 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 FIRM 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 FIRM
or anyone acting through or on behalf of the FIRM.
B. To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold
harmless the City of South Miami, the State of Florida, Department of Transportation , and its officers and
employees from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to
the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor and person
employed or utilized bey the contactor in the performance of this Contract."
This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended
to nor shall it constitute a waiver of the State of Florida and the City of South Miami sovereign community.
C. The FIRM 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 FIRM, its Sub-contractor/subconsultants 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 FIRM's obligations under this AGREEMENT.
D. The FIRM 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 FIRM, its
contractor/subcontractor/subconsultant 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 FIRM, CITY in no way
assumes or shares responsibility or liability for the acts or omissions of the FIRM, its contractor/subcontractor or
any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them.
E. The FIRM 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 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
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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
W of M
SouthfMiami
DO ( f(1 OI illt-VtiA\T II I\(,
CITY OF SOUTH MIAMI
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
SUBMITAL DUE DATE: March 17, 2020 at 10:00 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 "Request for Proposals") to
"City" shall be a reference to the City Manager, or the manager's designee, for the City of South Miami unless
otherwise specifically defined or unless the context in which the word is used requires it to mean the City of
South Miami.
The City is hereby requesting sealed proposals in response to this RFP #PW2020-04, for "SW 62 AVENUE
PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT" to retain a contractor to provide services and
contract for the services necessary for the completion of the project in accordance with the Scope of Services,
(Exhibit 1, Attachment A, B, C & D), and Exhibit 10 "LAP Classification D Projects," and or the plans and/or
specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project").
This project is Federally Funded through a grant from the State of Florida Department of Transportation
Local Agency Program (LAP). Respondents must comply with LAP requirements for Professional Services
Contracts; refer to Exhibit 1, Scope of Services, Attachment D to Bid Package, "Local Agency Program
(LAP)," and Exhibit 10, "LAP Classification D Projects."
Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package at the
City Clerk's office Monday through Friday from 9:00 a.m. to 5:00 p.m. or by accessing the following webpage:
httpJ/www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information.
The Solicitation is also advertised in The Daily Business Review, a regional print media periodical. Proposals are
subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all
documents listed in the Solicitation.
The Proposal Package shall consist of one (1) original unbound proposal, five (5) additional copies, three-
ring binders are not permitted, and one (1) digital (or comparable medium including Flash Drive,
DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City
Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed
envelope or container and shall have the following Envelope Information clearly printed or written on the exterior
of the envelope or container in which the sealed proposal is delivered: "SW 62 AVENUE PEDESTRIAN &
BICYCLIST ENHANCEMENT PROJECT," RFP #PW2020-04 and the name of the Respondent (person or
entity responding to the Solicitation. Special envelopes such as those provided by UPS or Federal Express will not
be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed
Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than 10:00 A.M.
local time (the "Closing Date") on March 17, 2020.
A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City
Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10:00 a.m. local time on said date will
not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be
resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. Hand delivery
must be made Monday through Friday from 9 A.M. to 5 P.M., unless a different time is provided
above for the Closing Date, to the office of City Clerk.
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A Non -Mandatory Pre -Proposal Meeting will be conducted at City Hail in the Commission
Chambers located at 6130 Sunset Drive, South Miami, FL 33143 on February 20, 2020 at 10:00 AP I
shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this
letter as well as to those provisions, terms, conditions, affidavits and documents contained in this Solicitation
Package.
Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms,
conditions, affidavits and documents contained in this Solicitation Package. The City reserves the right to award
the Project to the person with the lowest most responsive, responsible Proposal, as determined by the City,
subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City
to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to
award the Project, and execute a contract with a Respondent or Respondents as deemed as in the best interest of
the City.
Nkenga A. Payne, CMC
City Clerk, City of South Miami
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SCOPE OF SERVICES and SCHEDULE OF VALUES
Ste/ 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT
END OF SECTION
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SCHEDULE OF EVENTS
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
*NOTE: Dates are Subject to Change
Time*
No
Event
Date*
(EST)
I
Advertisement/ Distribution of Solicitation & Cone of Silence
begins
2/3/2020
10:00 AM
2
NON -MANDATORY PRE -PROPOSAL MEETING
2/20/2020
10:00 AM
3
Deadline to Submit Questions
2/26/2020
10:00 AM
4
Deadline to City Responses to Questions
3/3/2020
10:00 AM
5
Deadline to Submit RFP Response
3/ 17/2020
10:00 AM
6
Commission Approval of Selected Contractor/Cone of
Silence Ends
4/7/2020
7:00 PM
7
Contract Award Date
4/ 14/2020
4:00 PM
8
Notice to Proceed
4/20/2020
10:00 AM
END OF SECTION
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INSTRUCTIONS for RESPONDENT
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE
THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE
"PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK
ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM.
I . Purpose of Solicitation. The City of South Miami is requesting proposals for the most responsive responsible
Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent
whose proposal is found to be in the best interests of the City.
2. Qualification of Proposing Contractor. Response submittals to this Solicitation will be considered from
Contractors normally engaged in providing the services requested. The proposing Contractor must
demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and
efficient service to the City of South Miami. The City reserves the right, before recommending any award, to
inspect the offices and organization or to take any other action necessary to determine ability to perform in
accordance with the specifications, terms and conditions. The City of South Miami will determine whether the
evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this
Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a Contractor to
perform.
3. Designated Contact.. The awarded Contractor shall appoint a person to act as a primary contact with the City
of South Miami. This person or back-up shall be readily available during normal work hours by phone, email,
or in person, and shall be knowledgeable of the terms of the contract.
4. Precedence of Conditions. The proposing Contractor, by virtue of submitting a response, agrees that City's
General Provisions, Terms and Conditions herein will take precedence over any terms and conditions
submitted with the response, either appearing separately as an attachment or included within the Proposal.
The Contract Documents have been listed below in order of precedence, with the one having the most
precedence being at the top of the list and the remaining documents in descending order of precedence. This
order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General
Conditions to the Contract:
a) Addenda to Solicitation
b) Attachments/Exhibits to the Solicitation
c) Solicitation
d) Attachment/Exhibits to Supplementary Conditions
e) Supplementary Conditions to Contract, if any
f) Attachment/Exhibits to Contract
g) Contract
h) General Conditions to Contract, if any
i) Respondent's Proposal
5. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not
permitted, but the City may allow the proposing Contractor to withdraw an erroneous Proposal prior to the
confirmation of the proposal award by City Commission, if all of the following is established:
a) The proposing Contractor acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of the Contractor;
c) The error was discovered and communicated to the City within twenty-four (24) hours (not
including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request
for permission to withdraw the Contractors Proposal; and
d) The Contractor submits an explanation in writing, signed under penalty of perjury, stating how the
error was made and delivers adequate documentation to the City to support the explanation and to
show that the error was not the result of gross negligence or willful inattention nor made in bad faith.
6. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these
instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a
conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the
Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation.
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7. Any questions concerning the Solicitation or any required need for clarification must be made in writing by
10:00 AM March 3, 2020 to the attention of Steven P. Kulick, Chief Procurement Officer, at
skulickO-southmiamifl.gov or via facsimile at (305) 669-2636.
8. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of
information can be given. Interpretations or clarifications, considered necessary by the City in response to
such questions, shall be issued by a written addendum to the Solicitation Package (also known as "Solicitation
Specifications" or "Solicitation') by U.S. mail, e-mail or other delivery method convenient to the City and the
City will notify all prospective Contractor via the City's website.
9. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or
the need for additional information shall exempt a Respondent from submitting the Proposal on the required
date and time as set forth in the public notice.
10. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence,"
in accordance with Section 8A-7, of the City's Code of Ordinance. From the time of advertising until the City
Manager issues his recommendation, there is a prohibition on verbal communication with the City's
professional staff, including the City Manager and his staff and members of the City Commission. The Cone of
Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions.
11. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for
the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such
event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to
one that requests any of the following a proposal, qualifications, concerning any contract for the provision of
goods or services for a period of one year. Contact shall only be made through regularly scheduled
Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of
obtaining additional or clarifying information.
12. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), Contractors, or legal
entities such as a corporation, partnership or limited liability company, employed or retained by a principal
(including an officer of the principal or an employee of the principal whose duties include marketing, or
soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1)
ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of
the City Manager or any City board or committee; or (3) any action, decision or recommendation of City
personnel during the time period of the entire decision -making process on such action, decision or
recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or
committee. All Contractors and their agents who intend to submit, or who submitted, responses for this
Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City
Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively
concerning this Solicitation. Contact shall only be made through regularly scheduled Commission meetings, or
meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or
clarifying information or as otherwise provided for in the City's Cone of Silence. Any presentation before a
selection committee is considered to be lobbying, however, the presentation team may avoid formal
registration by complying with section 8A-5 (c) (9), of the City's Code of Ordinances. A presentation team
affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone
who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her
employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is
submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the
City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist.
13. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation
and the successful Contractor to the lowest responsive, responsible bidder. The City, however, reserves the
right, in its sole discretion, to do any of the following.
a) to reject any and all submitted Responses and to further define or limit the scope of the award.
b) to waive minor irregularities in the responses or in the procedure required by the Solicitation
documents.
c) to request additional information from Contractors as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore, important that all
the parts of the Request for Proposal be completed in all respects.
e) to cancel, in whole or part, any RFP when it is in the best interest of the City.
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f) to award the Project to the person with the most responsive, responsible Proposal, as determined
by the City.
14. Contingent Fees Prohibited. The proposing Contractor, by submitting a proposal, warrants that it has not
employed or retained a company or person, other than a bona fide employee, approved subconsultant or
subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or
agreed to pay any person, company, corporation, individual or Contractor other than a bona fide employee,
contractor or sub -consultant, working in its employ, any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of a contract with the City.
15. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list pursuant to
Chapter 287.133 following a conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may not submit
bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity in excess of the threshold amount provided in s. 287.017 for
CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.
16. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the
initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and
correction. Proposals shall be signed using blue ink; all quotations shall be typewritten, or printed with blue
ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The
proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in
the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of
the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal,
the following documents:
a) The Request for Qualifications and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses held by
Respondent prior to execution of the contract.
f) Certificate of Insurance and/or Letter of Insurability.
17. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by
law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the
Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents
shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement
necessary to practice their profession and applicable to the work to be performed as required by Florida
Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami Code. These
documents shall be furnished to the City ten (10 days) prior to an award. Failure to have obtained the
required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal.
18. Respondent shall comply with the City's insurance requirements as set forth in the attached EXHIBIT 2,
prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award
of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with
the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize
the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of
contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the
City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission.
19. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of
goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been,
nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City
from any and all liability, loss or expense occasioned by any such violation or infringement.
20. Execution of Contract A response to this Solicitation shall not be responsive unless the Respondent signs the
form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges
that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the
7 of 226
terms of the general conditions to the contract, both of which are part of this Solicitation package. The
Respondent agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of
the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the
Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from
the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on
any of those documents as the Respondent's signature on the contract, after the appropriate information has
been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions
of the contract.
21. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all
Respondents to determine its capability to meet the requirements of the Contract. In addition, responsibility
and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials,
references, and past history of service to the City and/or with other units of state, and/or local governments
in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract.
22. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as
amended, when requested shall be cause for rejection of the Proposal as determined by the City.
23. Hold Harmless: To the fullest extent permitted by law, the Agency's contractor shall indemnify and hold
harmless the City of South Miami, the State of Florida, Department of Transportation , and its officers and
employees from liabilities, damages, losses and costs, including, but not limited to , reasonable attorney's
fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the
contractor and person employed or utilized bey the contactor in the performance of this Contract."
This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is
intended to nor shall it constitute a waiver of the State of Florida and the City of South Miami sovereign
community. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid
Bond, if required for this project, shall not be released until and unless the Respondent waives any and all
claims that the Respondent may have against the City that arise out of this Solicitation process or until a
judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any
such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with
the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to
the City, the Proposal/Bid Bond, if required for this project, shall be applied to the payment of those costs and
any balance shall be paid by the Respondent.
24. Cancellation: Failure on the part of the Kespondent to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or
termination of the contract.
25. Bonding Requirements: Performance and Payment Bonds are required for this project, Exhibit 8 &
9. For projects that require a Proposal/Bid Bond, Respondent, when submitting the Proposal, shall include a
ProposaUBid Bond, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond
Form included herein. A company or personal check shall not be deemed a valid Proposal Security.
26. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the
terms contained in the form of contract that is part of this Solicitation package, the successful Respondent,
within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract
and other Contract Documents that provide for the Respondent's signature, and deliver to the City the
required insurance documentation as well as a Performance and Payment Bond if these bonds are required.
The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the
required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the
Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be
retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid
Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent
fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If
the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the
Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security
deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same
requirements as a Proposal/Bid Bond.
27. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed
under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with
the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No
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change orders shall be allowed for delays caused by the City, other than for extensions of time to complete
the Work.
28. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for
proposal when it is in the best interest of the City.
29. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or in its purchase
of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion,
national origin, sex, age, sexual orientation, disability, or familial status.
30. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the
City in order to have their b4d Proposal considered, including all financial obligations. Prior to the acceptance
of any proposal, the City's Finance Department shall certify that there are no outstanding fines, monies, fees,
taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners,
members or stockholders (collectively referred to as "Respondent Debtors"). A proposal will not be
accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No Proposer
who is in default of any prior contract with the City may have their Proposal considered until the default is
cured to the satisfaction of the City Manager.
31. Bid Protest Procedure. See attached EXHIBIT 11.
32. Non -Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted
or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to
this solicitation, then the City, upon written notice to Successful Bidder or their assignee of such occurrence,
shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee,
warranty or representation is made that any particular project(s) will be awarded to any Respondent(s).
33. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records,
and proprietary or other confidential information in their unsolicited proposal are confidential information
that they claim to be exempt from disclosure under applicable Florida public records laws. Such information
may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the
cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall
include a cover letter listing all material designated as confidential and clearly mark each page of any material
believed to be a trade secret or other confidential information/document in all capital letters and bold font as
CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and
confidential information, the Respondent shall provide a redacted copy of the document and an unredacted
copy. In addition, the Respondent shall prepare a list of all the documents claimed to be confidential or
containing confidential information and on the next line under the description of each document the
Respondent shall cite the statutory provision that provides the basis for the Respondent's claim that the
document or a portion of the document is confidential and below the citation the Respondent shall copy and
paste the applicable statutory provision (this listing requirement shall hereinafter be referred to as "properly
list" or "properly listed" confidential document). The failure to properly list a confidential document or the
failure to redact a confidential document that is only partially confidential shall result in the waiver of any claim
that the document is confidential or that the unredacted document contains confidential information. If any
person or entity requests that the City produce or disclose any of said purported confidential information or
documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its
assertion that said confidential information is exempt from production. If Respondent fails to timely authorize
the production of the information or document and/or fails to timely seek a protective order, and/or is
unsuccessful in obtaining a protective order, the City will produce the requested information or document
The City shall not actively contest any request to disclose such alleged confidential information or document
and the City cannot guarantee that the alleged confidential document or information may not be disclosed
should it ultimately be determined not to be confidential under applicable Florida public records laws. The
Respondent shall indemnify the City for any damages and costs the City may incur due to the Respondent's
claim that its document or information is confidential. The City can only agree to advise the Respondent of
such request and give the Respondent an opportunity, at Respondents sole and exclusive cost, to defend the
request for disclosure of the confidential information or document in a Court of competent jurisdiction or
other applicable forum.
34. Definitions. The following definitions shall govern the interpretation of this RFP:
"Certify", including all of its tenses, such as "certifies". "certifying" and "certified", shall mean the act of
swearing or affirming under penalty of perjury that the facts that are being "certified" are true and correct and
it shall be accomplished either by swearing (or affirming) to the truth of the statement before a notary public,
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or by a declaration, under penalty of perjury, as to the truth of the statement pursuant to Florida 'Statutes,
Section 92.525.
43. Local Government Prompt Payment Act. This project is subject to the provisions described in Florida
Statute Ch. 218, Part VIII.
44. Public Access to Public Records Language. This project is subject to the provisions described in Florida
Statue Ch 119.
45. Records Retention. All records relating to this project must be retained by the Respondent for a minimum
of 5-years from the date of final payment.
46. Allowable Costs: Determination of allowable costs in accordance with Federal Cost principles will be
performed for services rendered under this contract.
47. Payment Method. The City shall provide payments on the basis specific rates of compensation using direct
labor hours at specified hourly rates, including direct labor costs, indirect costs, and fee or profit, plus any
other direct expenses or costs, subject to an agreement maximum or not to exceed amount The Vendor
shall provide fully documented invoices, which indicate, in addition to the basic information set forth below,
the time and materials provided to the City user department(s) that requested the Work through a purchase
order. It shall be understood that such invoices shall not be authorized for payment until such time as a City
representative has inspected and approved the completed portion of the Work assignment. The percentage or
component of completed Work which corresponds to the acceptable payment schedule shall be as follows:
a) CONTRACTOR INFORMATION:
• The name of the business organization as specified on the Contract between City and
Contractor
• Date of invoice
• Invoice number
• Respondent's Federal Identification Number on file with the State
b) CITY INFORMATION:
• City Purchase Order Number
• PRICING INFORMATION:
• Unit price of the, Services
• Extended total price of the Services
d) SERVICES PROVIDED PER CONTRACT:
• Description
• Quantity
e) DELIVERY INFORMATION:
• Delivery terms set forth within the City Purchase Order
• Location and date of delivery of goods, Services or property
f) FAILURE TO COMPLY:
• Failure to submit invoices in the prescribed manner will delay payment.
The City will pay the contract price minus any liquidated damages, back charges and/or other damages to
the Bidder upon final completion and acceptance.
48. Contractor Purchased Equipment for State or Local Ownership: Contractor purchased
equipment for state or local ownership shall not be permitted under this contract. Contractor cannot
purchase equipment and transfer ownership to the City at the end of the contract.
49. Equipment Rental Rates: For any machinery or special equipment (other than small tools), including
fuel and lubricant, the Contractor will receive 100% of the "Rental Rate Blue Book" for the actual time
that such equipment is in operation on the work, and 50% of the "Rental Rate Blue Book" for the time
the equipment is directed to standby and remain on the project site, to be calculated as indicated below.
"of 22%
The equipment rates will be based on the latest edition (as of the date the work to be performed begins)
of the "Rental Rate Blue Book for Construction Equipment" or the "Rental Rate Blue Book for Older
Construction Equipment," whichever is applicable, as published by Machinery Information Division of
PRIMEDIA Information, Inc. (version current at the time of bid), using all instructions and adjustments
contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional
adjustments and Rate Adjustment Tables according to the instructions in the Blue Book.
Allowable Equipment Rates will be established as set out below:
I. Allowable Hourly Equipment Rate = Monthly Rate/176 x Adjustment Factors x 100%.
2. Allowable Hourly Operating Cost = Hourly Operating Cost x 100%.
3. Allowable Rate Per Hour = Allowable Hourly Equipment Rate + Allowable Hourly
Operating Cost.
4. Standby Rate = Allowable Hourly Equipment Rate x 50%.
The Monthly Rate is The Basic Machine Rate plus any attachments. Standby rates will apply when
equipment is not in operation and is directed by the Engineer to standby at the project site when needed
again to complete work and the cost of moving the equipment will exceed the accumulated standby cost.
Standby rates will not apply on any day the equipment operates for eight or more hours. Standby payment
will be limited to only that number of hours which, when added to the operating time for that day equals
eight hours. Standby payment will not be made on days that are not normally considered work days on
the project.
The Owner will allow for the cost of transporting the equipment to and from the location at which it will
be used. If the equipment requires assembly or disassembly for transport, the Owner will pay for the time
to perform this work at the rate for standby equipment.
Equipment may include vehicles utilized only by Labor. Labor includes foremen actually engaged in the
work and will not include project supervisory personnel nor necessary on -site clerical staff, except when
the additional or unforeseen work is a controlling work item and the performance of such controlling
work item actually extends completion of the project due to no fault of the Contractor.
50. Publicly -Owned Equipment Equipment previously purchased or otherwise acquired by the public
agency involved for use in its own operations shall not be permitted to be used for this contract.
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INTENTIONALLY LEFT BLANK
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT. PROJECT
RFP #PW2020-04
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Proposal Submittal Checklist Form
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented
by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for
consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified
in an addendum to this Solicitation. The response shall include the following items:
X Proposal Package shall consist of one (1) original unbound proposal,
five (5) additional copies, three-ring binders are not permitted, and
one (1) digital (or comparable medium including Flash Drive. DVD
or CD) copy
X FDOT Local Agency Program (LAP), documents Exhibit 1, Scope
of Services, Attachment D to Bid Package:
Section A — FDOT Division I Specifications
Section B — LAP Certification of Current Capacity (Form 525-010-
46)
Section C — DBE Bid Package Information (Form 275-030-1 1)
Section D — Bid Opportunity List for Professional Consultant
Services and Commodities & Contractual Services (Form 375-040-
62)
Section E — Legal Requirements and Responsibility to the Public —
Tide VI Assurance — Dot 1050.2A, Appendix A & Appendix E
Section F — Required Contract Provisions — Federal -
Aid Construction Contracts (Form FHWA 1273) &
Section G — Certification for Disclosure of Lobbying Activities of
Federal -Aid Contracts (Form 375-030-33)
Section H — Disclosure of Lobbying Activities (Form 375-030-34)
Section I — Non -Collusion Declaration and Compliance with 49
CFR 29 (Form 575-060-13)
Section) — Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion; Lower Tier Covered
Transactions for Federal Aid Contracts. Form 375-030-32)
Section K — Davis Bacon Wage Table
X Insurance and Indemnification Requirements, EXHIBIT 2
X Construction Bid Form. EXHIBIT 3
For Reference Only; City Contract Documents (All — including
X General Conditions and Supplementary Conditions if attached)
EXHIBIT 4, S, & 6
X FDOT Local Agency Program Provisions EXHIBIT 7
GLrr-TF 1
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Performance and Payment Bonds (As a Condition Award. Not
X required with Submittal.) EXHIBIT 8 & 9
X Respondents Qualification Statement
X List of Proposed Subcontractors and Principal Suppliers
X City of South Miami Non -Collusion Affidavit
X City of South Miami Public Entity Crimes and Conflicts of Interest
City of South Miami Acknowledgement of Conformance with OSHA
X Standards
City of South Miami Affidavit Concerning Federal & State Vendor
X Listings
City of South Miami Related Party Transaction Verification Form
City of South Miami Presentation Team Declaration/Affidavit of
X Representation
Submit this checklist along with your proposal indicating the completion and submission of each required forms
and/or documents.
END OF SECTION
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RESPONDENT QUALIFICATION STATEMENT
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection.
I. Number of similar projects completed.
a) In the past 5 years
56
In the past 5 years On Schedule
56
b) In the past 10 years
78
In the past 10 years On Schedule
78
11. List the last five (5) completed similar projects.
a) Project Name:
Hilola ST Roadway Improvements
Owner Name:
City of Miami
Owner Address:
444 SW 2nd Ave, 8th Floor Miami FL 33130
Owner Telephone:
305-416-2074
Original Contract Completion Time 90 days
(Days):
Original Contract Completion Date:
12/20/2019
Actual Final Contract Completion Date: 12/15/2019
b) Project Name:
CRA-NW 1 st ST -NW 2nd ST Roadway Improvements
Owner Name:
City of Florida City
Owner Address:
404 W. Palm Drive, City of Florida City, FL 33034
305-598-0199
Owner Telephone:
Original Contract Completion Time 365 days
(Days):
Original Contract Completion Date:
05/25/2019
05/20/2019
Actual Final Contract Completion Date:
Bird Avenue Improvements from US-1 to Mary ST.
c) Project Name:
Owner Name:
City of Miami
Owner Address:
444 SW 2nd Ave, 8th Floor Miami FL 33130
Owner Telephone:
305-416-2074
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Original Contract Completion Time
365 days
(Days):
Original Contract Completion Date:
09/20/2018
Actual Final Contract Completion Dace:
09/20/2018
d) Project Name:
Sub -Basin 59/60 Paving 8 Drainage Improv.
Owner Name:
Village of Palmetto Bay
Owner Address:
9705 E. Hibiscus ST, Palmetto Bay FL 33157
Owner Telephone:
305-969-5091
Original Contract Completion Time
180 days
(Days):
Original Contract Completion Dace:
1 1 /30/2018
Actual Final Contract Completion Date:
11 /1412018
e) Project Name:
Vanderbilt Traffic Calming Improv.
Owner Name:
City of Doral
Owner Address:
Owner Telephone:
305-593-6740 Ext. 6009
Original Contract Completion Time
150 days
(Days):
Original Contract Completion Date:
12/15/2018
Actual Final Contract Completion Dace:
12/01/2018
III. Current workload (See list attached)
IV. The following information shall be attached to the proposal.
a) RESPONDENT's organization chart. Attached
b) RESPONDENT's proposed project organizational chart. Attached
c) Resumes of proposed key project personnel, including on -site Superintendent. Attached
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V. List and describe any:
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, None
b) Any arbitration or civil or criminal proceedings, or None
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years None
VI. Government References: See list Attached
List other Government Agencies or Quasi -Government Agencies for which you have done business within
the past five (5) years.
Name of Agency:
Dame of Agency:
Name of Agency:
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LIST OF PROPOSED SUBCONSULTANTS
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to
be used on this oroiect if they are awarded the Contract.
Classification of
Work
Other:
Subcontractor Name
Address
Telephone, Fax &
Email
Striping
Road Runner Strip.
Medley, FL
305-885-9448
Milling
C&R Milling & Pav
Homestead, FL
305-247-0881
Signalization
AGC Electric Inc.
Hialeah, FL
305-823-6725
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
T9 of am
MA46OL-C WC
ENGINEERING CONTRACTOR — LIC: E-251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786-472-8831
magaolc(E),vahoo.com
PROJECTS UNDER CONSTRUCTION (All as a Prime Contractor)
1- Civil Works (Roadway, Drainage Projects and Repairs) (Owner: City of North Miami
Beach $1,000,000) (Executed 76 %) (Completion: September 2020) (305-957-3629- Lera
Flower)
2- Job Order Contracts (JOC) for Horizontal Construction (Owner: City of Miami
$2,000,000) (Executed 61 %) (Completion: September 2020) (305-416-1037, Juan Ramirez)
3- Milling & Resurfacing along SR-826 various Ramps at SR 924 and 1-75 (Owner: FDOT
District 6, $428,626) (Executed 96 %) (Completion: February 2020) (305-986-9920, Jean
Boursiquot)
4- Sub -Basin A-4 Roadway and Drainage Improv. (Owner: City of Dora] $798,280.00)
(Executed 30%) (Completion: June 2020) (305-593-6740 Ext. 6024, Stephanie Bortz)
Mario Gonzalez
Maggolc Inc. /President
v
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ENGINEERING CONTRACTOR - LIC: E-251302
11020 SW 55 ST., MAW, FL 33165
PHONE:786-291-2949 FAX:786-472-8831
maggolc(awahoo.com
OFFICE ORGANIZATIONAL CHART
Gabriela Gonzalez,
El
Office Manager.
MAGGOLC INC.
Prime Contractor
Project Manager:
Mario Gonzalez, BD
Road Const. Engineer
Olga Leon, BD
Road Const. Engineer
Construction Superintendent
-Drainage
-Asphalt
-Concrete
Esmildo Leon
Accounting Manager
i Q
ENGINEERING CONTRACTOR — LIC: E-251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE:786-291-2949 FAX:786-472-8831
magaolcAyahoo.com
PROJECT ORGANIZATION CHART
Mario Gonzalez, BD
President
General Manager
Road Construction Engineer
Gabriela Gonzalez, EI
Office Manager
Civil Engineer
Business Management
Olga Leon, BD
Construction Superintendent
Road Construction Engineer
Esmildo Leon
Accounting Manager
Maikel Dorta Reimy Esquivel Daniel Martin
Earthwork Crew Concrete & Asphalt Drainage & Utilities
Forman Crew Forman Crew Forman
19 years Experience 18 years Experience 21 years Experience
4 G mac.
Engineering Contractor— Lic. E-251302
11020 SW 55 ST., Miami, FL 33165
Phone: 786-291-2949 Fax: 786.472-8831
magoolc(a),vahoo.com
RESUME:
MARIO GONZALEZ
Superintendent/ Project Manager of Maggolc Inc.
Gonzalez is a Roadway Construction and Civil Engineer with over 32 years of progressive experience in the
fields of highway and railway design, construction, maintenance, and operations.
EDUCATION:
Instituto Superior Politecnico (Higher Polytechnic Institute) "Julio Antonio Melia", Santiago de Cuba, Cuba.
Degree: INGENIERO VIAL (Roadway Construction Engineer), July 1988. This is equivalent to a Bachelor
of Science in Civil Engineering (BSCE) from a regionally accredited institution of higher education in the United
States.
Universidad Central de Venezuela, Caracas, Venezuela.
Degree: INGENIERO CIVIL (Civil Engineer), July 1997.
CERTIFICATIONS:
- TROXLER Electronics Lab - Nuclear Gauge Safety Training, (2001 & 2004)
- FDOT— MUTCD/Maintenance of Traffic, Advance Level (2016)
- ASPHALT PAVING TECHNICIAN — Level 1 (2004)
- EARTHWORK CONSTRUCTION INSPECTION — Level l (2005)
- ACI, Concrete Field Testing Technician- Grade 1. (2005)
- FDOT Concrete Field Inspector Specifications. (2005)
LICENSES:
-General Engineering Contractor
-General Building Contractor
-Certificate State of Florida Undergraund Utilities Contractor
-Registered General Contractor State of Florida
WORK EXPERIENCE:
MAGGOLC INC., Miami, Florida, USA. (June 2005 to Present).
Gonzalez is the owner and president of Maggolc Inc., this is an Engineering Contractor Company. Specialized in
Drainage Systems, Pavement and Concrete.
Work Executed:
- NW 21 ST Stormwater Improvements (City of Doral) 2020
- Hilola Street Roadway Improvements (City of Miami) 2019
- CRA — NW 1" ST — NW 2 ST Roadway Improvements (City of Florida City) 2019
- Drainage Improvements on SW 59 Ave. between SW 74 ST & SW 80 ST (City of South Miami) 2019
- Traffic Circle Project for NE 41h Ave & NE 127t1 ST (City of North Miami) 2019
- Vanderbilt Traffic Calming Improvements (City of Doral) 2018
- Bird Ave Improvements from US-1 to Mary ST (City of Miami) 2018
- Dural Trolley Infrastructure Improvements (City of Doral) 2018
- Sub -basin 59/60 Paving and Drainage Improvements (Village of Palmetto Bay) 2018
- Traffic Circle at SW 72 Ave and 98 ST (Village of Pinecrest) 2018
- SW 27 ST Roadway Improv. (City of Miami) 2018
- ADA Push Button Contract (FDOT) 2018
- Twin Lakes Traffic Circle (City of South Miami) 2018
- Westward Dr. Concrete Bike Path (City of Miami Springs) 2017
- Stormwater Improv SW 70/71 Ave (Village of Pinecrest)2017
- Subbasin H-8 Drainage Improvemets (City of Doral) 2017
- 32' Traffic Circle Project (City of North Miami) 2017
- SW 74 Terr Roadway and Drainage Imp. (City of South Miami) 2017
- Subbasin F-I drainage Improvements (City of Doral) 2017
- Busway Pedestrian Access Improv. 20150047 (Miami Dade County Transportation & PW) 2016
- Busway Pedestrian Access Improv. 20140140 (Miami Dade County Transportation & PW) 2016
- Sidewalk Improvements Multiple Sites (Miami Dade County Transportation & PW) 2016
- Metrorail Bike Path Improvements (M-Path) (Miami Dade Transit) 2016
- Drainage and Road Improvements Multiple Sites-20140177 (Miami Dade County PW) 2016
- Twin Lakes Drainage Improvements (City of South Miami) 2016
- Drainage and Road Improv. Multiple Sites- 20140165 (Miami Dade County PW) 2015
- Sub -Basin 10 Paving & Drainage Improv. (Village of Palmetto Bay) 2015
- Drainage Improv. 13000 SW 60 ST (Village of Pinecrest) 2015
- Beacom Project Area Drainage and Road Improvements- Phase II (City of Miami) 2015
- NW 18 PL Draiange and Road Improvements (City of Miami) 2015
- Multiple Parks- ADA Improvements (Miami Dade Park & Rec Dep.) 2015
- Districtwide Minor Asphalt Repair (FDOT) 2014
- NW 11 ST from NW 27 Ave to 37 Ave Area Roadway Improv. (City of Miami) 2014
- Sunset Drive Downtown Median (City of South Miami) 2014
- Dorm Ave Drainage Improvements (City of South Miami) 2014
- Beacom Project Area Improvements- Phase I (City of Miami) 2013
- Wild Lime Park Parking Expansion and Concrete Walkway (Miami Dade Park & Rec Dep.) 2013
- Biscayne Island Drainage Improvements (City of Miami) 2013
- Sidewalk Improvements along SR A1A/ Collins Ave C SR 826 (FDOT) 2013
- SR 9 (NW 27 Ave) @ NW 79 ST Roadway Improvements (FDOT) 2013
- Friedland Manor Drainage Improvements (City of Florida City) 2013
- NW 8 ST & NW 14 CT Roadway & Drainage Improvements (City of Miami) 2013
- I-195/ Julia Tuttle Bike Path/ Trail (FDOT) 2013
- ARRA Municipalities Group B: City of Miami Gardens Bus Shelters (Miami Dade Transit) 2013
- Progress Rd Roadway & Drainage Improvements (City of South Miami) 2012
- Killian Park Rd Stormwater Improvements (Village of Pinecrest) 2012
- Phase IV Drainage Improvements. (Village of Palmetto Bay) 2012
- SR 94/ Kendall Dr at SW 142 Ave Roadway Improv. (FDOT) 2012
- FDOT LAP Roadway Improvements. (City of Sweetwater) 2011
- SW 64 Street Corridor Improv. (City of South Miami) 2012
- District #2 Citywide ADA Sidewalk Improvements. (City of Miami) 2012
- Long Key State Park - Resurface Campground Road (Florida Dep. of Environmental Protection) 2012.
- Suncrest Dr. & Moss Ranch Rd. Stormwater Improvements (Village of Pinecrest) 2011.
- SR 909 (Alton Road) at West 52 Street Drainage Improvements (FDOT District 6) 2011
- SW 19 Terrace Roadway & Drainage Improvements (CIP, City of Miami) 2011.
- Tamiami Canal Miecosukee Linear Park (Miami -Dade County, Park & Recreation Dep.) 2011.
-District #4 Citywide ADA Sidewalk Improvements (City of Miami) 2011
-MIA NW 36 Street & 67 Ave Intersection Improvement (concrete) (Aviation Department M-D County)
2011
-MIA Building 3050 Parking Lot Improvements (Aviation Department M-D County) 2011
-District #1 Citywide ADA Sidewalk Improvements (City of Miami) 2011
-District #3 Citywide ADA Sidewalk Improvements (City of Miami) 2011
-Intersection Realignment SW 139 Terr. & SW 140 Dr. and Esat Guava ST One Way Street Conversion.
(Village of Palmetto Bay) 2010
-Installation of Sidewalks and Ramps along NE 12 Ave. (City of North Miami) 2010.
-AD Barnes Park Asphalt Walkways.. (M-D County Park & Recreation) 2010.
-Golden Shore Park Pavers Sidewalks. (City of Sunny Isles). 2010
-District I, Sidewalks Repair. (City of Miami). 2010
-Crandon Park ADA Parking Space Striping and Signs. (M-D County Park & Recreation) 2010.
-District II, Sidewalks Repair. (City of Miami). 2010
-Harbor Drive Lighting and Resurfacing Improv. (Village of Key Biscayne) 2010
-Blue Road Roundabouts and Drainage. (City of Coral Gables) 2010
-Drainage Retention Improvements of State Rd. 907 (Alton Rd.) at Allison Drive. Milling and Asphalt
Resurfacing. (FDOT, District 6) 2009
-Country Club of Miami Park Concrete and Asphalt Walkway (Miami -Dade County. Park & Recreation
Dep.) 2009.
-Brendwood Park Asphalt Walkway. (City of Miami Gardens) 2009.
-West Little River Improve Asphalt Driveways. (Miami -Dade County Office of Community and Economic
Development) 2008.
-West Perrine Park Concrete Slabs and Poured Safety Surface. (M-D C Park and Recreation) 2008
- Asphalt Pavement Repair. Florida Department of Transportation (District 6). 2008-2009, 2009-2010 and
2010-2011.
-Improve Intersections Countywide Project, include Milling and Asphalt Resurfacing. (Sidewalk, Handicap
Ramps, Curb & Gutters, Pavers, New Pavement, Drainage, Sodding (M-D County Public Work Dep.) 2008
-Seal Coat and Restriping of Station 13 and Logistics Parking Area. (MD County Fire Rescue Department)
2008
-Dolphin Archaeological Site Sidewalk Construction. (M-D County Park and Recreation) 2008.
-Olympic Park Sidewalks Construction. (M-D County Park and Recreation) 2007
-Norman & Jean Reach Park Foul Ball Netting. (M-D County Park and Recreation) 2007
-Drainage Improvement Project for NW 22 Court from NW 107 ST to NW 112 ST. (M-D County Public
Work Dep.). 2006, etc
Others Places where Gonzalez was working:
SRS ENGINEERING, INC., Miami, Florida, USA. (August 2006 to July 2007).
Construction Field Inspector of Drainage and Roadway Restoration. (Public Work Department, Miami -Dade
County Projects).
-Allaphatta Phase I.
-Hardwood Village Phase II.
BERMELLO, AJAMIL & PARTNERS, INC., Miami, Florida, USA. (May 2005 to July 2006).
Quality Control (QC) Construction Inspector (DOT Projects): (Earthwork, Concrete and Asphalt).
-Okeechobee Road. (W 12 Ave to Palmetto Expwy)
-Miami Garden Drive. (NW 2 Ave to NW 17 Ave.)
-Biscayne Blvd. (NW 96 ST to NW 104 ST)
-Golden Gate Pkwy (Naples)
-Florida's Turnpike (Griffin Rd to Sunrise Blvd).
-A-1-A (Key West).
MARLIN ENGINEERING INC., Miami, Florida, USA. (October 2000 —May 2005).
February 2004 to May 2005.
Construction Field Inspector of Drainage and Roadway (FEMA-DERM, Miami -Dade County Projects).
Activities Included:
Verify of storm drainage structures in accordance with the approved shop drawings, installation of drainage and
pollution control structures, drainage pipe inverts. joints, seals, French Drain Systems, solid pipe placement and
bedding material. Check the Contractor's compliance with all Maintenance of Traffic.
Reconstruction of Pavement, Roadway Milling and Resurfacing; reconstruction of Curb and Gutter and
Sidewalks; Site Restoration, including Grading of Swales, Sod Placement. etc.
Requirements:
- Ensure the quality of the construction work, as per the Public Works Department
Manual, FDOT Standards, and Project Contract Documents.
- Ensure the full restoration of the project, including site cleanliness. Swale grading, and sod placement.
- Keep records of daily activities, daily production, site testing, and progress of the work.
- Resolve complaints by residents resulting from construction activities.
March 2001 to February 2004: Project Engineer
Project Engineer for the design, roadway restoration, and storm drainage systems improvement, including
independent sites and community. (DERM/FEMA Program administered by the Division of Recovery and
Mitigation -DORM) in Miami -Dade County and City of Miami Storm Drainage Improvement Program).
Working closely with Microstation and AutoCAD software.
October 2000 to March 2001 and October 2002 to February 2003: Roadway Inspector.
Surveying, inspecting and drawing sketches for roadway restoration projects in Q.N.I.P, Public Work
Department of Miami -Dade County. Inspecting and supervising construction of asphalt patching, milling and
resurfacing operations.
Gabriela Gonzalez. EA.
(786) 389-8280 gabriclagonz9292;'agmail.com
EDUCATION:
Florida International University -College of Engineering and Computing Miami, Florida
Bachelor of Science in Civil Engineering August 2017
Major: Civil Engineering, Concentration in Transportation
3.28/4.00 GPA
University of Florida - Warrington College of Business Gainesville, Florida
Bachelor of Science in Business Administration May 2014
Major: Management, Minor in Accounting
3.34/4.00 GPA
Honors: Florida Bright Futures Scholar, Kelly Foundation Scholarship Recipient, 2017 Jose A. Villa Scholarship Recipient
EXPERIENCE:
MAGGOLC INC. Miami, Florida
Project Assistant to Roadway Engineering Contractor Sept 2015- Present
• Assisted contractor in signing installation orders and on -site maintenance work orders, displaying leadership and verbal
communication skills.
• Assisted contractor with traffic engineering projects, MOT's, Project Scheduling, Project Budgeting, displaying knowledge in
Roadway building and management.
• Assisted contractor in tracking construction materials and supervising road, drainage and perspective structures.
• Entered bank statements of clients/vendors into company's database displaying adequacy in Accounting software.
Miami Children's Hospital
Accounting Clerk
Miami, Florida
May 2010-January 2012
Assumed responsibility by posting accounting data through computer entry in Lawson.
Assisted accountants with month closings while disbursing revenues through analytical and problem -solving skills.
Scanned, validated, and posted Accounts Payable invoices into Lawson and Ascend. displaying organizational skills.
LEADERSHIP AND INVOLVEMENT:
American Society of Civil Engineers -Florida International University Miami, Florida
Balsa Bridge Team Leader March 2016
• Attended ASCE 2016 Southeastern Student Conference and participated in the Balsa Bridge Competition, while allowing me
to demonstrate knowledge of structural design principles in the construction of a three-dimensional balsa bridge structure.
ENT3003 Principles of Entrepreneurship -University of Florida Gainesville. Florida
Teaching Assistant August 2013- May 2014
• Evaluated over 500 student's assignments and provided personalized feedback.
• Proctored exams and assisted students through office hours and e-mails.
University of Florida- Ability Explosion Gainesville, Florida
Leader of Advertisement Team September 2013-December 2013
• Assisted in the development of an innovative marketing campaign alongside members of my marketing class while expressing
ideas through teamwork.
• Promoted a weeklong series of events created to celebrate the abilities of individuals with disabilities while meeting deadlines
and coordinating tasks.
Salzburg Global Seminar Salzburg, Austria
Program Participant March 2012
• Attended an International Studies Program on Global Citizenship at the Schloss Leopoldskron.
• Developed and presented a project on ways of implementing environmental sustainability in China, displaying effective public
speaking skills.
SKILLS:
Fluent in Spanish. Computer: Proficient in QuickBooks, Microsoft Project. Excel, Word and PowerPoint.
MMG Ca
Engineering Contractor - Lic. E-251302
11020 SIN 55 ST., Miami, FL 33165
Phone: 786-291.2949 Fax: 786472-8831
maonolcOvahoo.com
RESUME:
Olga Leon
Construction Superintendent of Maggolc Inc.
Leon is a Roadway Construction Engineer with over 24 years of progressive experience in the fields of highway
design, construction, maintenance, and operations.
EDUCATION:
lnstituto Superior Politecnico (Higher Polytechnic Institute) "Julio Antonio Mella", Santiago de Cuba, Cuba.
Degree: INGENIERO VIAL (Roadway Construction Engineer), July 1989. This is equivalent to a Bachelor
of Science in Civil Engineering (BSCE) from a regionally accredited institution of higher education in the United
States.
CERTIFICATIONS:
- TROXLER Electronics Lab - Nuclear Gauge Safety Training. (2004 & 2008)
- FDOT -MUTCD/Maintenance of Traffic, Intermediate Level (2015)
- ASPHALT PAVING TECHNICIAN - Level 1 (2006)
- EARTHWORK CONSTRUCTION INSPECTION - Level 1 (2006)
- ACI, Concrete Field Testing Technician- Grade I. (2005)
- FDOT Concrete Field Inspector Specifications. (2005)
-WORK EXPERIENCE:
MAGGOLC INC., Miami, Florida, USA. (April '-015 to Present).
Leon is the Superintendent of Maggolc Inc., this is an Engineering Contractor Company. Specialized in
Drainage Systems, Pavement and Concrete.
Work Executed:
- Vanderbilt Traffic Calming Improvements (City of Dora)) 2018
- Bird Ave Improvements from US-1 to Mary ST (City of Miami) 2018
- Dural Trolley Infrastructure Improvements (City of Dural) 2018
- Sub -basin 59/60 Paving and Drainage Improvements (Village of Palmetto Bay) 2018
- Traffic Circle at SW 72 Ave and 98 ST (Village of Pinecrest) 2018
- SW 27 ST Roadway Improv. (City of Miami) 2018
- ADA Push Button Contract (FDOT) 2018
- Twin Lakes Traffic Circle (City of South Miami) 2018
- Westward Dr. Concrete Bike Path (City of Miami Springs) 2017
- Stormwater Improv SW 70/71 Ave (Village of Pinecrest)2017
- Subbasin H-S Drainage Improvemets (City of Dora]) 2017
- 32' Traffic Circle Project (City of North Miami) 2017
- SW 74 Terr Roadway and Drainage Imp. (City of South Miami) 2017
- Subbasin F-1 drainage Improvements (City of DoraIj201'7-- -
- Busway Pedestrian Access Improv. 20150047 (Miami Dade County Transportation & PW) 2016
- Buswav Pedestrian Access Improv. 20140140 (Miami Dade County Transportation & PW) 2016
- Sidewalk Improvements Multiple Sites (Miami Dade County Transportation & PW) 2016
- Metrorail Bike Path Improvements (M-Path) (Miami Dade Transit) 2016
- Drainage and Road Improvements Multiple Sites-20140177 (Miami Dade County PW) 2016
- Twin Lakes Drainage Improvements (City of South Miami) 2016
- Drainage and Road Improv. Multiple Sites- 20140165 (Miami Dade County PW) 2015
- Sub -Basin 10 Paving & Drainage Improv. (Village of Palmetto Bay) 2015
- Drainage Improv. 13000 SW 60 ST (Village of Pinecrest) 2015
- Beacom Project Area Drainage and Road Improvements- Phase 11 (City of Miami) 2015
- NW IS PI, Draiange and Road Improvements (City of Miami) 2015
- Multiple Parks- ADA Improvements (Miam) Dade Park & Ree Dep.) 2015
Others Places where Leon was workina:
MIA-MI=DADS COUNTY PUBLIC WORKS DEPARTMENT, Miami, Florida. USA (September 2008 to
October 2014)
Construction Field Inspector of Drainage and Roadway Restoration Projects
-Several Countywide Projects
SRS ENGINEERING, INC., Miami, Florida. USA. (August 2006 to September 2008).
Construction Field Inspector of Drainage and Roadway Restoration. (Public Work Department. Miami -Dade
County Projects).
EAC CONSULTING, INC., Miami, Florida, USA. (May 2001 to August 2006).
Construction Field Inspector of Drainage and Roadway (FEMA-DERM, Miami -Dade County Projects).
Plan Review Department FDOT District Six, Construction Office.
Construction Inspector in various projects MDX Authority
Activities Included:
Verify of storm drainage structures in accordance with (lie approved shop drawings. installation of drainage and
pollution control structures, drainage pipe inverts, joints, seals, French Drain Systems, solid pipe placement and
bedding material. Check the Contractor's compliance with all Maintenance of Traffic.
Reconstruction of Pavement, Roadway Milling and Resurfacing; reconstruction of Curb and Gutter and
Sidewalks; Site Restoration; including Grading of Swales, Sod Placement, etc.
Requirements:
- Ensure the quality of the construction work, as per the Public Works Department
Manual, FDOT Standards, and Project Contract Documents.
Ensure the full restoration of the project, including site cleanliness. swale grading, and sod placement.
- Keep records of daily activities, daily production, site testing, and progress of the work.
- Resolve complaints by residents resulting from construction acovities.
ENGINEERING CONTRACTOR — LIC: E-251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE:786-291-2949 FAX:786-472-8831
maggoic(cwahoo.com
MAGGOLC GOVERMENT REFERENCE LISTING
1) Company Name: Miami Dade County Public Works Department.
Address:111 NW 1 St ST 14 Floor, Miami, FL 33128
Contact Person: Joaquin Rabassa Telephone # 305-299 9822, 305-989 4943
jra _miamidade.gov
2) Company Name: Miami Dade Park & Recreation Department.
Address:275 NW 2"d Street, 4th Floor, Miami, FL 33128
Contact Person: Ruben Teurbe Tolon / Leroy Garcia Telephone # 305 755 5465
rttolona.miamidade.gov
3) Company Name: Florida Department of Transportation / Pinnacle Consulting
Address:1773 NE 205 Street North Miami Beach, FL 33179
Contact Person: Roland Rodriguez Telephone # 305 640 7185
rrodriguez(ab-pinnaclecei.com
4) Company Name: City of Miami Gardens
Address: 1050 NW 163 Dr Miami Gardens, FL 33169
Contact Person: Osdel Larrea Telephone # 305-622 8000 Ext. 3107
olarreaa.miamigardens-fl.gov
5) Company Name: City of Miami
Address:444 SW 2"d Ave, 8 Floor, Miami FL 33130
Contact Person: Fabiola Dubuisson Telephone # 305 416 1755
fdubuisson(aDmiamigov.com
6) Company Name: City of North Miami
Address:1815 NE 150 ST, North Miami, FL 33181
Contact Person: Chuks Okereke Telephone # 305 893 6511
cokereke(cD-northmiamifl.gov
7) Company Name: City of North Miami
Address: 1855 NE 142 ST North Miami, FL 33181
Contact Person: D. Akin Ozaydin Telephone # 305-893 6511 Ext. 14010
dozaydin(cD,northmiamifl.gov
8) Company Name: City of Coral Gables
Address:2800 SW 72 Ave Miami, FL 33155
Contact Person: Ernesto Pino Telephone # 305 926 2784
epino _coralgables.com
9) Company Name: City of Miami -Capital Improvement Program
Address:444 SW 2nd Ave, 8th Floor, Miami, FL 33130
Contact Person: Maurice Hardie Telephone # 786-229 5463
mhard ie _miamigov.com
10) Company Name: Stantec
Address: 901 Ponce de Leon Blvd Suite 900 Coral Gables, FL 33134
Contact Person: Sean Compel Telephone # 305-445 2900 Ext. 2230, 786-502 0770
sean.compel(aD,stantec.com
11)Company Name: Village of Pinecrest
Address: 10800 Red Road, Pinecrest, FL 33156
Contact Person: Mark Spanioli Telephone # 305-669 6916
mspanioli(a)-pinecrest-fl.gov
12)Company Name: City of Florida City
Address: 404 West Palm Dr. Florida City, FL 33034
Contact Person: Richard Stauts Telephone # 305 247 8221 / 305 772 1157
richard.stauts(a�-floridacityfl.gov
13)Company Name: City of South Miami
Address: 6130 Sunset Drive South Miami 33143
Contact Person: Aurelio Carmenates, PE Telephone # 305-403 2063
acarmenatesa,southmiamifl.gov
14)Company Name: City of Miami -Capital Improvement Program
Address:444 SW 2nd Ave, 8th Floor, Miami, FL 33130
Contact Person: Robert Fenton Telephone # 786-263-2133
rfenton(cD-miamigov.com
15)Company Name: Miami Dade County Transportation & Public Works Department.
Address:111 NW 1 St ST 14 Floor, Miami, FL 33128
Contact Person: Mercedes Barreras Telephone # 786-222-9912
barrema-miamidade.gov
16)Company Name: Village of Palmetto Bay - Public Works Department.
Address: 9495 SW 180 Street, Palmetto Bay, FL 33157
Contact Person: Danny Casals Telephone # 305-969-5011
dcasals a�palmettobay-fl.qov.qov
17)Company Name: City of Doral - Public Works Department.
Address: 8300 NW 53 Street Suite 100, Doral FL 33166
Contact Person: Carlos Arroyo Telephone # 305-593-6740 Ext. 6009
carlos.arroyo(a-cityofdoral.com
18)Company Name: Florida Department of Transportation -District #6
Address:1773 NE 205 Street North Miami Beach, FL 33179
Contact Person: Marina Gershanovich Telephone # 305-978-0090
Mari na.gershanovich(cD-dot.state.fl.us
19)Company Name: City of Miami
Address:444 SW 2nd Ave, 8 Floor, Miami FL 33130
Contact Person: Keith A. Ng, Telephone # 305 416 1298
keithnga-miamigov.com
20)Company Name: City of North Miami Beach
Address:17011 NE 19 Ave, North Miami Beach, FL 33162
Contact Person: Judeen Johnson, Telephone # 305 948 2925
iudeen.iohnson(cDcitynmb.com
305
F �
ENGINEERING CONTRACTOR — LIC: E-251302
11020 SW 55 ST., MIAMI, FL 33165
PHONE: 786-291-2949 FAX: 786-472-8831
maggoic(cDvahoo.com
CONTRACTS PERFORMED as Prime Contractor BY MAGGOLC INC.
84- NW 21 ST Stormwater Improvements ($168,769.10) (City of Doral, Completed 01 /25/2020) (Stephanie Bortz
305-593 6740 Ext.6024)(step hanie.bortz(d)-cityofdoral.com)
83- Hilola Street Roadway Improvements ($215,300.19) (City of Miami, Completed 12/15/2019) (Javier Romero
305-416-2074) (iromero(d)-miamigov.com)
82- CRA — NW 1st ST — NW 2 ST Roadway Improvements ($1,609,720.61) (City of Florida City, CRA, Completed
May 2019) (Rick Stauts 305-772-1157 / 305-247-8221) (richard.stauts(a- oridacityfl.gov )
81- Drainage Improvements on SW 59 Ave. between SW 74 ST & SW 80 ST ($330,118.10) (City of South
Miami, Public Works Department, Completed May 2019) (Aurelio Carmenates 305-403-2072)
(acarmenates(cD-southmiamifl.gov)
80- Traffic Circle Project for NE 4th Ave & NE 1271h ST ($185,539) (City of North Miami, Public Works
Departmrnt, Completed April 2019) (Akin Ozaydin 954-736-6983) (dozaydin(a�northmiamifl.gov)
79- Vanderbilt Traffic Calming Improvements ($293,492) (City of Doral, Public Works Department, Completed
December 2018) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo(oD-cityofdoral.com)
78- Bird Avenue Improvements from US-1 to Mary ST ($1,468,493) (City of Miami, Capital Improvements
Department, Completed November 2018) (Maurice Hardie 786-229 5463) (mhardie _miamigov.com )
77- Doral Trolley Infrastructure Improvements ($412,115) (City of Doral, Public Works Department, Completed
November 2018) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo(cb-cityofdoral. com)
76- Sub -Basin 59/60 Paving & Drainage Improv. ($853,302) (Village of Palmetto Bay, Completed November
2018) (Danny Casals 305-969-5091) (dcasals(apal mettobay-fl.gov )
75- Traffic Circle at the Intersection of SW 168 ST & SW 82 Ave. ($326,223) (Village of Palmetto Bay,
Completed September 2018) (Danny Casals 305-969-5091) (dcasals(aD- pal mettobay-fl.gov )
74- Traffic Circle at SW 72 Ave and 98 ST ($107,143.00) (Village of Pinecrest, Public Works Dep., Completed
May, 2018) (Mark Spanioli 305-669-6916) (mspanioli(cD-pinecrest-fl.gov )
73- SW 27 ST Roadway Improvements ($377,488.42) (City of Miami, CIP, Completed March, 2018) (Orlando
Misas 305-416-1038) (omisas _miamigov.com)
72- ADA Push Button Contract (Miami- Dade and Monroe County) ($618,600.00) (FDOT- District 6, Completed
February 2018) (Marina Gershanovich 305-978-0090) (marina.gershanovich(cDdot.state.fl.us )
71-Twin Lakes Traffic Circle (SW 63 Ave & SW 42 Terr) ($88,740.00) (City of South Miami, Completed January
2018) (Aurelio Carmenates 305-403-2072) (acarmenatesna.southmiamifl.gov)
70- Westward Drive Concrete Bike Path Project ($1,158,670) (City of Miami Springs, Public Works Department,
Completed November 2017) (Tammy Romero 305-805-5035) (romerot(a-miamisprings-fl.gov)
69- Stormwater Improvements Project- SW 70/71 Ave. (380,215) (Village of Pinecrest, Completed September
2017) (Mark Spanioli 305-669-6916) (mspanioli(oD-pinecrest-fl.gov )
68- Subbasin H-8 Drainage Improvements ($968,585) (City of Doral, Public Works Department, Completed
August 2017) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroy000 cityofdoral. com)
67- 32' Traffic Circle Project ($221,527) (City of North Miami, Completed April 2017) (Chuks Okereke 305-893-
6511 Ext.15002) (cokereke(c northmiamifl.gov)
66- SW 74 Terr Roadway & Drainage Improvements Project ($139,882) (City of South Miami, Completed April
2017) (Aurelio Carmenates 305-403-2072) (acarmenates(cD-southmiamifl.gov )
65- Subbasin F-1 Drainage Improvements ($632,993) (City of Doral, Public Works Department, Completed
March 2017) (Carlos Arroyo 305-593-6740 Ext.6009) (carlos.arroyo(a)cityofdoral.com)
64- Busway Pedestrian Access Improv.-20150047 ($417,284) (Miami Dade County Transportation and Public
Works Department, Completed November 2016) (George Coppolecchia 305-297-0795) (copp(c-D-miamidade.gov)
63- Busway Pedestrian Access Improv.-20140140 ($266,345) (Miami Dade County Transportation and Public
Works Department, Completed August 2016) (George Coppolecchia 305-297-0795) (copy(cD_miamidade.gov)
62- Sidewalk Improvements Multiple Sites ($214,549) (Miami Dade County Transportation and Public Works
Department, Completed July 2016) (George Coppolecchia 305-297-0795) (copy _miamidade.Qov)
61- Metrorail Bike Path Improvements (M-Path) ($870,888) (Miami Dade Transit, Completed May 2016)
(George Maldonado 786-473-4369) (glme-miamidade.gov)
60- Drainage and Road Improvements Project Multiple Sites #20140177 ($755,761) (Public Works Miami -
Dade County, Completed May 2016) (Alfonso Duarte 305-409-8224) (aduarte(@D-miamidade.gov)
59- Twin Lakes Drainage and Roadway Construction Area 1 & 2 ($345,975) (City of South Miami, Completed
April 2016) (Ricardo Ayala 305-403-2072) (rayala(c�southmiamifl.gov )
58- Drainage and Road Improvements Project Multiple Sites #20140165 ($383,287) (Public Works Miami -
Dade County, Completed November 2015) (Pedro Marsan 305-281-9062) (marsan(@�miamidade.gov )
57- Sub -Basin 10 (SW 88 Ave) Paving and Drainage Improvements ($922,633.25) (Village of Palmetto Bay,
Completed November 2015) (Danny Casals 305-969-5091) (dcasals(q-).palmettobay-fl.gov )
56- Drainage Improvements 13000 SW 60 Street ($112,080) (Village of Pinecrest, Completed October 2015)
(Mark Spanioli 305-669-6916) (mspanioli(@,pinecrest-fl.gov )
55- Beacom Project Area Improvements- Phase II ($818,978.96) (City of Miami, Completed July 2015) (Robert
Fenton 786-263-2133) (rfenton @.miamigov.com )
54- Lummus Park Landing ($222,612.91) (City of Miami, Completed May 2015) (David Adato 305-416 1899 /
786-376 4391) (dadatoa-miamigov.com )
53- NW 18 PL Road and Drainage Improvements ($473,087.20) (City of Miami, Completed March 2015) (Robert
Fenton 786-263-2133) (rfenton(EDmiami ov.com )
52- Multiple Parks - ADA Improvements ($336,741.68) (Miami Dade Park & Recreation Department, Completed
January 2015) (Leopoldo Aybar 786-201-2422) (aybara-miamidade.gov )
51- Districtwide Minor Asphalt Repair. ($250,000) (FDOT, District 6, Completed December 2014) (John Garzia
305-640-7177) Oohn.garzia@dot.state.fl.us)
50- NW 11 ST from 27 Ave to 37 Ave. Area Roadway Improvements. ($188,874) (City of Miami, Completed
October 2014) (Valentine Onuigbo 786-447-9817) (vonuigboa-miamigov.com )
49- Sunset Drive Downtown Median. (84,663) (City of South Miami, Completed October 2014) (Ricardo Ayala
305-403-2072) (ravalaasouthmiamifl.gov )
48- Beacom Project Area Improvements -Phase 1 ($767,132) (City of Miami, Completed March 2014) (Robert
Fenton 786-263-2133) (rfentona-miamigov.com )
47- Biscayne Island Drainage Improvements ($735,559). (City of Miami, Completed March 2014) (Valentine
Onuigbo 786-447-9817) (vonuigbo(@)miamigov.com )
46- Wild Lime Park Parking Expansion and Concrete Walkway. ($201,442) (Miami Dade Park & Recreation
Department, Completed January 2014) (Leroy Garcia 786-210-5937) (garcial(cDmiamidade.gov )
45- Doral Trolley Infrastructure Improvements Citywide. ($217,349) (City of Doral, Completed December 2013)
(Rudy de la Torre 786-236-5912) (rudy.delatorre@cityofdoral.com )
44- Doral Trolley Route 3 Infrastructure Improvements. ($114,210) (City of Doral, Completed November 2013)
(Rudy de la Torre 786-236-5912) (rude.delatorre(@.cityofdoral.com )
43- Sidewalk Improvements along SR A1A/ Collins Ave @ SR 826/ NW 63 ST. ($205,521) (Florida Department
of Transportation, Completed October 2013) (Roland Rodriguez 305-345 0696) (rrodriguez(@.pinnaclecei.com )
42- SR 9 (NW 27 Ave), From NW 79 ST to NW 84 ST Roadway Improvements ($119,000) (Florida Department
of Transportation, Completed July 2013) (Roland Rodriguez 305-345 0696) (rrodrigueza-pinnaclecei.com )
41- Friedland Manor Drainage Improvements ($406,567) (City of Florida City, Completed June 2013) (Sean
Compel 786-502-0770) (sean.compela-stantec.com )
40- NW 8th ST & NW 14 CT Roadway and Drainage Improvements ($425,895) (City of Miami, Completed May
2013) (Robert Fenton 786-263-2133) (rfentona-miamigov.com )
39- 1-195/ Julia Tuttle from SR 5/ Biscayne Blvd to SR 907/ Alton Rd - Bike Path / Trail ($121,520) (Florida
Department of Transportation, Completed March 2013) (Roland Rodriguez 305-345 0696)
(rrodriguez(D_pinnaclecei.com )
38- ARRA Municipalities Group B: City of Miami Gardens Bus Shelters ($894,000) (Miami Dade Transit,
Completed March 2013) (Javier Salmon 786-473 4710) (isalmon .miamidade.gov )
37- Progress Rd. Roadway and Drainage Improvements ($105,522) (City of South Miami, Completed January
2013) (Jorge Vera 305-403 2072) (jvera _southmiamifl.gov )
36- Killian Park Road Stormwater Improvement ($218,142) (Village of Pinecrest, Completed December 2012)
(Daniel Moretti 305-669 6916) (moretti _pinecrest-fl.gov )
35- Phase IV Drainage Improvement Project ($143,830) (Village of Palmetto Bay, Completed November 2012)
(Danny Casals 305-969 5091) (dcasals _palmettobay-fl.gov )
34- SR 94/SW 88 ST/ Kendall Dr. at SW 142 Ave ($134,843) (Florida Department of Transportation, Completed
October 2012) (Roland Rodriguez 305-345 0696) (rrodriguez(@Dpinnaclecei.com )
33- FDOT LAP Roadway Improvements Project ($117,371) (Public Works Dep. City of Sweetwater, Completed
July 2012) (Eric Gomez 305-553 5457) (ego mez.egsc .att.net )
32- Long Key State Park Campground Entrance Modification ($49,450) (Florida Department of Environmental
Protection, Completed July 2012) (Fred Hand 850488 6322) (Fred.Hand a-dep.state.fl.us )
31- SW 64 Street Corridor Improvement, ($60,000) (Public Works Dep. City of South Miami, Completed
February 2012) (Keith A. Ng 305-403 2072) (knga-southmiamifl.gov )
30- District #2 Citywide ADA Sidewalk Improvements, ($105,303) (Public Works Dep. City of Miami, Completed
February 2012) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson(cDmiamigov.com )
29- Long Key State Park Roadway Improvements ($149,230) (Florida Department of Environmental Protection,
Completed February 2012) (Fred Hand 850-488 6322) (Fred.Hand(aD-dep.state.fl.us )
28- Suncrest Drive & Moss Ranch Road Stormwater Improvements ($ 110,000) (Village of Pinecrest, Public
Works Dep., Completed December 2011) (Daniel Moretti 305-669 6916) (moretti(@-pinecrest-fl.gov )
27- SR 909 (Alton Road) at West 52 Street Drainage Improvement ($138,000) (Florida Department of
Transportation, Completed December 2011) (Roland Rodriguez 305-345 0696)
(rrodriguez(a)pinnaclecei.com )
26- SW 19 Terrace Roadway and Drainage Improvements ($184,585) (City of Miami, Capital Improvements
Department, Completed October 2011) (Maurice Hardie 786-229 5463) (mhard ie(cD-miamiQov.com )
25- Tamiami Canal Miccosukee Linear Park, Tamiami Trail and SW 122 Ave. ($87,703) (Miami Dade Park &
Recreation Department, Completed October 2011) (Ruben Teurbe Tolon 786-586 8360) (rttolon(oD-miamidade.gov )
24- District #4 Citywide ADA Sidewalk Improvements, ($149,397) (Public Works Dep. City of Miami, Completed
October 2011) (Fabiola Dubuisson 305-416 1755 & 305-801 7816) (fdubuisson(a_miamigov.com )
23- MIA- NW 67 Ave & NW 36 Street Intersection Improvements ($65,000), (concrete works) (Aviation
Department Miami Dade County, Complete July 2011) (John Peterson 305-622 8000) (ipet(a.mikegconst.com )
22- MIA Building 3050 Parking Lot Drainage & Asphalt Improvement ($103,000) (Aviation Department Miami -
Dade County, Completed May 2011) (Greg Tai 305-876 8444) (gtai a( -mikegconst.com )
21- District #1 Citywide ADA Sidewalk Improvements, ($155,523) (Public Works Dep. City of Miami, Completed
May 2011) (Fabiola Dubuisson 305 416 1755 & 305-801 7816) (fdubuisson(aD-miamigov.com )
20-District #3 Citywide ADA Sidewalk Improvements, ($107,414) (Public Works Dep. City of Miami, Completed
February 2011) (Fabiola Dubuisson 305 4161755 & 305-801 7816) (fdubuisson(o)miamigov.com )
19-Intersection Realignment SW 139 Terr & SW 140 Dr. and East Guava Street One Way Street Conversion
($36,775) (Public Works Dep., Village of Palmetto Bay, Completed December 2010) (305-969 5011)
(dcasals(aD-palmettobay-fl.gov )
18-Installation of Sidewalks and Ramps along NE 12 Ave ($123,750.00) (Public Works Dep. City of North
Miami, Completed December 2010) (Gerardo Hernandez 305-893 6511) (ghernandez(a)northmiamifl.gov )
17-AD Barnes Park Asphalt Walkways ($86,615.00) (Miami -Dade Park and Recreation Dept., Completed
December 2010) (305-755 7985) (rttolona-miamidade.gov )
16-Golden Shore Park Pavers Sidewalk ($23,895.00) (Public Works Dep. City of Sunny Isles Beach, November
2010) (305-947 0606) (gbatistaa-sibfl.net )
15-District 1- Sidewalk Repair Project II ($95,990) (Public Works Dep. City of Miami, Completed September
2010) (Fabiola Dubuisson 305-4161755 & 305-801 7816) (fdubuisson a(D.miamigov.com )
14-Harbor Drive Lighting and Resurfacing Improvement ($270,000) (Public Works Dep. Village of Key
Biscayne April 2010) (786-255 6765) (anunez(a)-keybiscayne.fl.gov )
13-Blue Road Roundabouts Re -Bid ($145,000) (Public Works Dep. City of Coral Gables, Completed March
2010) (305-460 5018) (epino@coralgables.com)
12-District 2- Sidewalk Repair Project II ($75,300) (Public Works Dep. City of Miami, Completed March 2010)
(Fabiola Dubuisson 305-4161755 & 305-801 7816) (fdubuisson(oD-miamigov.com )
11- West Little River Asphalt Driveways Phase IV-D. ($35,000) (Miami -Dade County Office of Community and
Economic Development, Completed December 2009). (Mario Berrios 786- 469 2112) (mberr(@-miamidade.gov )
10-SR 907 (Alton Rd) at Allison Dr. for Drainage and Retention Improvements. ($134,000) (FDOT, Completed
December 2009) (Anthony Sabbag 305-256 6380) (anthony.sabbaga-dot.state.fl.us )
9-Country Club of Miami, Grading, Sitework & Greens. ($107,000) (Miami -Dade Park and Recreation Dept.,
Completed August 2009). (305-596 4460) (Dan Crawford 305-596 4460) (dc93(@miamidade.gov )
8-Country Club of Miami Parcel 1169 & 1168-E New Asphalt Walkways. ($178,000) (Miami -Dade Park and
Recreation Dept., Completed July 2009). (Dan Crawford 305-596 4460) (dc93(c_miamidade.gov )
7-Brentwood Pool Park New Asphalt Walkways. ($34,000) (City of Miami Gardens, Completed April 2009).
(305-622 8000) (iallena-miamigardens-fl.gov )
6-West Little River Asphalt Driveways Phase IV-B. ($68,000) (Miami -Dade County Office of Community and
Economic Development, Completed January 2009). (Mario Berrios 786-469 2112) (mberr(aD_miamidade.gov )
5-West Perrine Park Concrete Slabs, Sidewalks and Poured in Place. ($34,000) (Miami -Dade Park and
Recreation Dept., Completed January 2009). (305-596 4460)
4-Countywide Intersections Improvement, Roadway and Drainage. ($443,637) (Miami -Dade County Public
Works Dept., Completed Dec. 2008). (Joaquin Rabassa 305-299 9822) (ira(c -miamidade.gov )
3-Countywide Repair of Existing Asphalt Pavement. (Milling & Resurfacing) ($949,990) (Florida Department
of Transportation, Dist. Six, Executed the year 2008 and renewed for to year 2009 and 2010, Completed June
2011). (Janice Corn 305-256 6359) (Jan ice.corn(cDdot.state.fl.us )
2-Dolphin Archaelogical Site Concrete Sidewalk Construction., ($114,084) (Miami -Dade Park and Recreation
Dept., Completed July 2008). (Dan Crawford 305-596 4460) (dc93amiamidade.go v)
1-Olympic Park Concrete Sidewalk Construction. ($184,000) (Miami -Dade Park and Recreation Dept.,
Completed July 2008). (Dan Crawford 305-596 4460) (dc93@miamidade.yov )
20 of 197
NON COLLUSION AFFIDAVOT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADS/d t O� e
d V being first duly sworn, deposes and states that:
(1) tWShe/They is/are the Owner/ President
(Owner, Partner, Officer, Representative or Agent) of
0 0( % o LC' �� G • the Respondent that has submitted the
attached Proposa ,
(2) 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, spired, connived or
agreed, directly or indirectly, with any other Respondent, firm, or person to s mi a collusive or sham
Proposal in connection with this RFP for which the attached Proposal -flab be n s bmitted;
Signed, se ed in the presence of:
By:
Witness ure:
Mario Gonzale P esident
Witness Print Name and Title
3/17/2020
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
17 March 20
On this the day of , 20 , before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before notary)
Mario Gonzalez w name(s) is/are Subscribed to the within
instrument, and he/she/they acknowledge that he/she/they ex t i
WITNESS my hand and official seal.
NOTARY PUBLI
SEAL OF OFFICE:
Notary p=ofFloriciaRoberto�My
CommExpires
0
Pubk, State of A
(Nam of Notary Public. Print, Stamp or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
JDid take an oath, or
Did Not take an oath.
29of2@z
21 of 197
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal
for a Contract with a public entity for the construction of repair of a public building or public work, may not submit
bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a
RESPONDENT, Sub -contractor, supplier, Subconsultant, or Consultant under a Contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017,
Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or
agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to City of South Miami
By:
for
[print name of the public entity]
Mario Gonzalez/ President
[print individual's name and title] Maggoic Inc.
[print name of entity submitting sworn statement]
whose business address is
11020 SW 55 ST, Miami FL 33165
and (if applicable) its Federal Employer Identification Number, (FEIN) is 20-3345775 (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 Statutesmeans
a violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or of the United
States, including, but not limited to, any bid, proposal or contract for goods or services to be provided to
any public entity or an agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in
any federal or state trial court of record relating to charges brought by indictment or information after July
I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
21 of 20
22 of 197
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 Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to enter
into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. [Indicate which statement applies.]
X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity, or
an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,
Division of Administrative Hearings and the Final Order entered by tj a Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted vendor
list [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND T T THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. LSO ERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A NT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORID SAT ES, F R A Y TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed /before me this
Personally known
V
OR Produced identification
Notary Public — State of
Florida
17 day of March """" " U , 2020
My commission expires
(Type of identification)
Form PU R 7068 (Rev.06/ 1 1 /92)
(Printedtyped or stamped commissioned
name of notary public)
Y
otary Public State of Floridaoberto A. Casanova or
y Commission GG 239678xpires 07/18/2022
22ofZu
23 of 197
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We, Maggolc Inc. , (Name of CONTRACTOR), hereby acknowledge and agree that as
CONTRACTOR for the SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT as
specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety
and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless
the City of South Miami and Stantec Engineering, Consultant, if any) against any and all liability, claims,
damages losses nd penses they may incur due to the failure of (subconsul nt's names):
O Gt K C. t� !� Pam/ o�i r� �8-.�.� ??�- � . .�� G
v W c--%, v
*44-6 C, jj�/4e, C-- 741V1 I C_./ -;t-"
to comply with such act
CONTRACTOR
BY: Mario Gonzalez
Name
President
Title
C�-.
nof3a
24 of 197
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check
if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida
Department of Management Services website:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp
ended - _discriminatory, complaints_ vendor lists
DECLARATION UNDER PENALTY OF PERJURY
1, Mario Gonzalez (hereinafter referred to as the "Declarant") state, under penalty of perjury,
that the following statements are true and correct:
(1) 1 represent the Respondent whose name is Mario Gonzalez (Maggolc Inc.),
(2) 1 have the following relationship with the Respondent 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:
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_di
scriminatory_complaints_vendor _lists
(4) 1 have entered an "x" or a check mark beside each listingicategory set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the
Respondent's name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable
Convicted Vendor List
Suspended Vendor List
Discriminatory Vendor List
Federal Excluded Parties List
Vendor Complaint List
FURTHER DECLARANT SAYETH NOT. Mario Gonzalez
(Print nam7 De cl rant
By:
%..IF ry
(Signature eclara
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this the 17 day of March , 2020 , before me, the undersigned authority, personally
appeared Mario �zalez wh erso I know to me or who provided the
following identification and who took an oa nffirthat that he/she/they executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
ubl toe f Florida
NOTARY PUBLIC:
SEA U
or, Notary Public State of Florida a ' of Notary Public: Print,
Roberto A. Casanova tamp or type as commissioned.)
y, � my commission GG 239678
4 w.e Expires 07/18/2022
2A of =
25 of 197
RELATE® PARTY TRANSACTION VERIFICATION FORM
1 Mario Gonzalez , individually and on behalf of Maggolc Inc.
("Firm") have Name of Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics,
Section 8A- I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or
business that 1, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows: N/A
_ (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: N/A
(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
before any board, commission or agency of the City within the past two years other than as
ZofZW
26 of 197
follows: N/A
(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 Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commisl?; (ii) any city employee; or (iii) 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: N/A
(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 maximu fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action b h Miami -Dade County Commission on Ethics. Under penalty of perjury. I declare that I
have made a di ' t o to investigate the matters to which I am attesting hereinabove and that the statements
made herein ov ar a and correct to the best of my knowledge, information and belief.
Signature: •
Print Name & Titl ario Gonzalez/ President
Date: 3/17/2020
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27 of 197
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.
(S) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a Solicitation, a statement of qualifications in
response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that
(1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(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.
(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
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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)(I�who has any of the specified relationships or
who would or might, directly or indirectly, realize a profit by the acti of the city commission shall not vote on or
participate in any way in the matter.
(E) Gifts.
(1) 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.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
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(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I -I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(1) Certain appearances and payment prohibited.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial interests involved.
No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
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(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, RFP, bid, request
for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular
subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or
indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative
request or application to a city department or agency during the two-year period after his or her service has
ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities.
501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or
employment. A person participated indirectly where he or she knowingly participated in any way in the particular
subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p).
(q) City attorney to render opinions on request
Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6-99-l680, § 2, 3-2-99)
Editor's note- Ord. No. 6-99-1680, § 1, 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.
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PRESENTATION TEAM
DECLARATION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager.
For the purpose of this subsection only, the listed members of the presentation team, with the exception
of any person otherwise required to register as a lobbyist, shall not be required to 'pay any registration
fees. No person shall appear before any committee on behalf of an anyone unless he or she has been
listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered
with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, Mario Gonzalez makes the following
declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
NAME TITLE
Mario Gonzalez President
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 enti li ed below.
17 day of March 2020.
Sig re of Representative
M Gonzalez! President
Print Name and Title
Maggolc Inc.
Print name of entity being represented
END OF SECTION
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EXHIBIT Ii# 1
SCOPE OF SERVICES
Attachment A
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
I. BACKGROUND:
The City of South Miami hereby solicits submittals from Respondents who are pre -
qualified by the Florida Department of Transportation (FDOT) in the major work
classification F.A.C.14-22.003(3(b), Drainage, Flexible Paving; Grading, Hot In Place
Resurfacing, Pavement Markings, Roadway Signing, Sidewalk, Traffic Signal, Other Work Classes,
Optional Code Number 40: Curbs, Driveways, Gutters, Milling, Tree -Trimming. Respondents
must submit proof of pre -qualification.
The City intends to award this Contract to the lowest responsive and responsible
Respondent whose price, experience and qualifications proves to be in the best interest
and beneficial to the City.
The work specified in this Request for Proposal (RFP) consists of furnishing all goods,
materials, supplies and services necessary to provide a completed project that meets all
of the needs described in this Scope of Services and as otherwise described in this RFP
(the "Work"). The Work is to be performed per specifications and the contract
documents. The Work includes, but is not limited to keeping the project site clean and
safe, the furnishing all labor of the Contractor and the labor of all allowable
subcontractors, the cost of dumpster(s) and the disposal of materials as well as all
necessary engineering and architectural plans, drawings, technical specifications and
permits; all necessary equipment, including rental equipment, machinery, tools, means of
transportation, the coordination with any other City contractor, subcontractors and
utility companies (i.e. power, gas, water) and the erection of construction safety fencing,
cones, etc. at the end of each working day.
Prior to any digging, Respondents must locate all underground utilities and other facilities
as well as contacting Sunshine 811 to coordinate the process between excavators and
member utilities in Florida so that they can mark the approximate location of underground
lines, pipes and cables on construction site.
Permit fees are waived for permits required to be issued directly by the City of South
Miami. Taxes and permit fees from other government entities, if required, shall be the
responsibility of the Respond ent/Contractor. however, in all cases,
Respondent/Contractor is responsible to secure any and all permits or licenses, that
would be required to complete this Work.
The work associated with this project is reflected in the "Scope of Services,"
Exhibit 1, Attachment A," and "Schedule of Values" Exhibit 1, Attachment B and
"Construction Plans and Drawings," Exhibit I, Attachment C.
II. PROJECT FUNDING:
This project is Federally Funded through a reimbursable program to the Agency, (City of
South Miami), from the State of Florida Department of Transportation Local Agency
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Program (LAP). Respondents must comply with LAP requirements for Construction
Contracts; refer to Exhibit I, Scope of Services, Attachment D to Bid Package,
"Local Agency Program (LAP)."
III. SCOPE OF SERVICES:
The Scope of work includes but it is not limited to provide sharrows along SW 62nd
Avenue from SW 70th Street to SW 76th Street, sidewalks along both sides of SW 62nd
Avenue between SW 78th Street to 80th Street, roadway reconstruction and repair of
sidewalks along SW 62nd Avenue between US I and 78th Street, and milling and
resurfacing and drainage improvements from SW 781h Street to SW 80th Street in
accordance with Exhibit I, Scope of Services, Attachment A, B, C & D. Upon issuance
of a Notice to Proceed (NTP) Respondent shall participate in Project coordination
meetings with the project's CEI and City's Project Manager every week, or as agreed to
by the City, through the duration of the project.
Work activity is limited to the hours from 7:00 a.m. through 6:00 p.m., on
weekdays from Monday through Friday.
V. QUALIFICATIONS:
The City is interested in hiring a contractor in connection with the City's SW 62 Avenue
Pedestrian and Bicyclist Enhancement Project in accordance with the Scope of Services,
Exhibit 1, Attachment "A," and; Attachment "B," "Schedule of Values'; Attachment
"C" Construction Plans & Specifications" and Attachment D "Local Agency
Program (LAP) Requirements for Construction Contracts," Work Types, 10.1 and
10.3.
VI. SITE LOCATION:
The site location of the project is SW 62 Avenue between US- I and SW 80 Street, South
Miami, FI 33143.
Vil. CONSTRUCTION NOTES:
Values utilized for the purpose of this RFP are approximate. Contractor is responsible to
field verify the areas, and quantities as per the limits defined by the site plan.
WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT IS TO
PROVIDE A LUMP SUM UNIT PRICE PER THE SCHEDULE OF VALUES,
"SCOPE OF SERVICES" EXHIBIT I, ATTACHMENT B.
WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE
OF VALUES," THE RESPONDENT SHALL INCLUDE THE
CONTINGENCY IN THEIR TOTAL BASE BID.
Vill. PLANS & SPECIFICATIONS:
Refer to Construction Plans and Specifications as Exhibit I, Scope of Services,
Attachment C "Construction Plans."
IV. THE PROJECT:
The project consists of bicycle sharrows striping and signage and sidewalk repair from
US- I to SW 78 h Street and bicycle sharrows striping and signage, new sidewalk, new curb
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36 of 197
and gutter, milling and resurfacing and drainage improvements from SW 78`h Street to SW
80' Street to provide connectivity for pedestrian traffic along SW 62nd Avenue from SW
70th Street to 85' Street, as recommended in the South Miami Intermodal Transportation
Plan (SMITP). Specifically, the project will provide sharrows along SW 62nd Avenue from
SW 70th Street to SW 76th Street, sidewalks along both sides of SW 62nd Avenue
between SW 78th Street to 80th Street, roadway reconstruction and repair of sidewalks
along SW 62nd Avenue between US I and 78th Street. The sidewalk portion of the
project (between 78th Street and 80th Street) will include new curb and gutters.
IX. PROJECT SCHEDULE:
The anticipated schedule for this project is as follows is defined in the "Schedule of
Events" in this solicitation found on Page 4.
X. WARRANTY:
If equipment is being provided, the standard manufacturer's warranty information must
be provided in writing for all equipment being proposed, including installation by an
authorized dealer before final payment is made.
NOTE- A Performance and Payment Bond is required for the full amount of the project;
refer to Exhibits 7 & 8.
END OF SECTION
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EXHIBIT No. I
SCOPE OF SERVICES
"SCHEDULE OF VALUES"
Attachment B
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF
VALUES" FORM ON THE FOLLOWING PAGES.
FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF
VALUES FORM MAY RENDER YOUR SUBMITTAL AS NON-
RESPONSIVE.
Nof=
ADDENDUM #I
REVISED
EXHIBIT I,
"SCHEDULE OF VALUES"
Attachment B
RFP #PW2020-04
SW 62 AVENUE PEDISTRIAN &
BICYCLIST EHNANCEMENT PROJECT
TOTAL
VALUES
UNIT
QUANTITY
UNIT
ITEM
DESCRIPTION
PRICE
AMOUNT
101-1
Mobilization
I
LS
5,000.00
5,000.00
102-1
Maintenance of Traffic and Access
I
LS
5,000.00
5,000.00
104-18
Inlet Protection System
6
EA
50.00
300.00
110-1-1
Clear and Grubbing
I
LS
10,000.00
10,000.00
1 10-4-
Removal of Existing Concrete
1 0.00
1,950.00
10
195
SY
1 10-15-
Existing Tree Protection and
2
Preservation
I
LS
3,000.00
3.000.00
160-4
Type B Stabilization (12") (Min.
1,080.00
L.B.R. of 40
135
S.Y.
s.00
210-1-1
Limerock Base 8" Primed
135
S.Y.
18.00
2,430.00
327-70-
Milling Existing Asphalt Pavement,
5.00
14,750.00
6
1-1 /2" Avg. Depth
2,950
SY
337-7-
Asphalt Concrete Friction Course
82
Traffic C, Type FC-9.5 High
Polymer (I -1 /2" Thick)
203.00
49.735
(Resurfacing)
245
TN
337-7-
Asphalt Concrete Friction Course
82
Traffic C, Type FC-9.5 High
Polymer (I -1 /2" Thick)(New
200.00
3,000.00
Asphalt)
15
TN
339-1
Miscellaneous Asphalt Pavement
180.00
180.00
Adjust Asphalt Driveways)
I
TN
425-4
Adjust Existing Valve Boxes, Meter
Boxes, Fire Hydrants, Manhole
6,000.00
6,000.00
Covers and Catch Basins
I
LS
425-74-
Clean Existing Catch Basins
320.00
1,920.00
I
6
EA
425-
Inlets (Curb) Type 9
5,000.00
5,000.00
1201
1
EA
425-
Inlets (Curb) Type P-1
6,000.00
s.000.ao
1311
1
EA
425-
Inlets (Curb) Type P-2
14,000.00
1321
2
EA7.000.0o
425-2-
Manhole Type P-7
4.000.00
8,000.00
4 I
2
EA
/4 a.
C) -�•J G
2 of 27 v
430-
Pipe HDPE 15" Diameter
174-115
60
LF
65.00
3.900.00
443-70-
Exfiltration Drain (24") (Includes
4
Ballast Rock, Trench and Filter
120.00
24.000.00
Fabric)
200
LF
520-1-
Concrete Curb and Gutter Type
10
"F" includes cost of limerock
1,950
LF
25.00
48,750.00
522-1
Concrete Sidewalk Reconstruction
48.00
45,120.00
4" Thick
940
SY
525-2
Concrete Sidewalk Reconstruction
6" Thick
60
SY
52.00
3.120.00
526-2
Pavers, Architectural (Adjust
1 ao.ao
800.00
Driveway)8
SY
527-2
Detectable Warning Surface
130
SF
20.00
2,600.00
575-1-1
Sodding (Pensacola Bahia or Match
Existing) Includes watering and
6.00
7,950.00
maintenance
1,325
SY
630-2-
Conduit, F&I, Directional Bore
12
190
LF
35.00.
6.650.00
635-2-
Pull & Splice Box
1,600.00
11
2
EA800.00
646-1-
Aluminum Signal Post, Pedestal
1,800.00
1,800.00
11
1
EA
660-
Loop Detector, Remove
30.00
120.00
1600
4
EA
660-2-
Loop Assembly, Furnish & Install,
101
Type A
4
AS
1.500.00
6.000.00
665-1-
Pedestrian Detector, F&I, Standard
350.00
11
l
EA
350.00
700-1-
Single Post Sign R2-1 (SPEED
250.00
II
LIMIT)(
AS
250.00
700-1-
Single Post Sign R4-1 I (BICYCLES
250.00
3.000.00
11
MAY USE FULL LAN
12
AS
700-1-
Single Post Sign R7-1 (NO
II
PARKING
6
AS
250.00
1.500.00
700-1-
Single Post Sign R 10-3A (PUSH
11
BUTTON TO CROSS STREET)
I
AS
250.00
250.00
700-1-
Relocate Existing Sign ( Single Post)
50
8
AS
50.00
400.00
700-1-
Remove Existing Sign (Single Post)
60
8
AS
25.00
200.00
706-3
Marker Pavement Retro-Reflective
56
EA
6.00
336.00
71 1-1 1-
Themoplastic (White) (Solid) (6")
III
1,660
LF
2.00
3.320.00
71 1-1 1-
Themoplastic (White) (Solid) (12")
123
1
720
LF
4.00
2,880.00
a a T 0 �&
3 of 27 Jq
71 1-1 1-
125
Themoplastic (White) (Solid) (24")
150
LF
700
1,050.00
71 1-1 1-
160
Thermoplastic (White) (Message)
Bicycle
12
EA
35o.ao
4.200.00
711-11-
211
Themoplastic (Yellow) (Solid) (6")
1,310
LF
2.00
z.szo.00
711-1 1-
224
Themoplastic (Yellow) (Solid) (18")
20
LF
s.00 '
120.00
71 1-1 1-
231
Themoplastic (Yellow) (10'-30' Skip)
6"
0.06
GM
6,000.00
360.00
Sub -Total 310.591.00
MISCELLANEOUS ITEMS
102-14
Traffic Control Officer 120
HR
5.00
600.00
800-7
Permit Allowance I
LS
100.00
100.00
980
Safety Act I
LS
400.00
400.00
999
Contin en 15% 1
LS
46,753.65
46,753.65
Sub -Total 47.853.65
Total:
358,444.65
SUBMITTED
THIS 17 DAY OF
PROPOSAL SUBMITTED BY:
Maggolc Inc.
Company
Mario Gonzalez
Name of Person Auth rized
Signature
Title
March
2020 .
786-291-2949
Telephone Number
786-472-8831
Fax Number
maggolc@yahoo.com
Email Address
END OF SECTION
4 of 27
64 of 197
EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
This project is Federally Funded through a grant from the State of Florida Department of
Transportation Local Agency Program (LAP). Respondents must comply with LAP
requirements for Construction Contracts; refer to Attachment D to Bid Package.
Section A — FDOT Division I Specifications
Section B — LAP Certification of Current Capacity (Form 525-010-46)
Section C — DBE Bid Package Information (Form 275-030-1 1)
Section D — Bid Opportunity List for Professional Consultant Services and
Commodities & Contractual Services (Form 375-040-62)
Section E — Legal Requirements and Responsibility to the Public — Title VI
Assurance — Dot 1050.2A, Appendix A & Appendix E
Section F — Required Contract Provisions — Federal -
Aid Construction Contracts (Form FHWA 1273)
Section G — Certification for Disclosure of Lobbying Activities of Federal -Aid
Contracts (Form 375-030-33)
Section H — Disclosure of Lobbying Activities (Form 375-030-34)
Section I — Non -Collusion Declaration and Compliance with 49 CFR 29 (Form
575-060-13)
Section J — Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion, Lower Tier Covered Transactions for Federal Aid
Contracts, Form 375-030-32)
Section K — Davis Bacon Wage Table
@4of2W
65 of 197
EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section A — FDOT Division I Specifications
@5of20
66 of 197
LAP DIVISION I SPECIFICATIONS (ON -SYSTEM).
(REV 2-27-19) (7-19)
Construction Checklist Specifications
from
Department of Transportation
Standard Specifications for Road and Bridge Construction
The following excerpts fi-oni the Standard Specifications and Special Provisions are provided.for
use in LAP Specifications as needed in accordance with the Local Agency Prograhecklistfrm
Const)-uction Contracts (Phase 58) — Federal and State Requirements (525-070-44)
go of 20
111 of 197
EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section B — LAP Certification of Current Capacity (Form
525-010-46)
11111 of 20
112 of 197
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-46
LAP CERTIFICATION OF CURRENT CAPACITY PROGRAM MANAGEMENT
12ros
Page 1 of 2
CONFIDENTIAL
4a �G 4 l a-� Fill in your FDOT Vendor Number
For bids to be received on 1 ,
(Letting Date) VF_____________
(Only applicable to FDOT pre -qualified contractors)
CERTIFICATE
I hereby certify that the amount of any proposal submitted by this bidder for the above letting does not exceed the amount
of the Firm's CURRENT CAPACITY (maximum capacity rating less total uncompleted work).
The total uncompleted work as shown on Q ? / ,/� , �
the Status of Contracts on Hand report (page 2) $ U � `�P
I further certify that the "Status of Contracts on Hand" report (page 2) was prepared as follows:
1. If the letting is before the 25"' day of the month, the certificate and report reflect the uncompleted work as of the 151h
day of the month, last preceding the month of the letting.
2. If the letting is after the 251' day of the month, the certificate and report reflects the uncompleted work in progress as of
the 15"' day of the month of the letting.
3. All new contracts (and subcontracts) awarded earlier than five days before the letting date are included in the report
and charged against our total rating. A
I certify that the information above is correct. ME OF FIRM
Sworn to a d subsc ed this % day By:
of (.�/L C , 20 s
Title
11112 of 20
113 of 197
STATUS OF CONTRACTS ON HAND
(Furnish complete information about all your contracts, whether prime or subcontracts;
whether in progress or awarded, but not yet begun; and regardless of whom contracted with.)
525-010-46
PROGRAM MANAGEMENT
12ros
Page 2 of 2
1 2 3 4 5 6
PROJECTS
OWNER, LOCATION AND DESCRIPTION
CONTRACT (OR
SUBCONTRACT)
AMOUNT
AMOUNT
SUBLET
TO OTHERS
BALANCE OF
CONTRACT
AMOUNT
UNCOMPLETED AMOUNT TO BE DONE
BY YOU
AS PRIME
CONTRACTOR
AS
SUBCONTRACTOR
`�' / ' f •
1, ow, 000.
�s • °ro
dam. 00—
T0 G �r � 0 f ate'
2� �,O?llJ. av
/ g� �.
3;ac, o7,
�3/,15r.- per,
d ar
00
/ f 7,1
- Gb-a �L
�- � �
/ 9 Orb .
571fo� 9' %;.
3 -76, 91 T61
-
�r
NOTE: Columns 2 and 3 to show total contract (or subcontract) amounts. Column 4 to be difference
between columns 2 and 3. Amount in columns 5 or 6 to be uncompleted portion of amount in column 4. All
amounts to be shown to nearest $100. The Contractor may consolidate and list as a single item all
contracts which, individually, do not exceed 3% of total, and which, in the aggregate, amount to less than
20% of the total.
TOTALS
g761 f 46,$0.00
$0.00
TOTAL UNCOMPLETED WORK ON
HAND TO BE DONE BY YOU
(TOTAL COLUMNS 5 AND 6)
$0.00 '
11113 of Z=
114 of 197
EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section C — DBE Bid Package Information (Form 275-030-1 1)
11114 of ZW
115 of 197
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF0F9/19
Page 1 of 2
DBE Utilization
The Department began its DBE race neutral program January 1, 2000. Contract specific goals are not
placed on Federal/State contracts; however, the Department has an overall 10.65% DBE goal it must
achieve. In order to assist contractors in determining their DBE commitment level, the Department has
reviewed the estimates for this letting.
As you prepare your bid, please monitor potential or anticipated DBE utilization for contracts. When the
low bidder executes the contract with the Department, information will be requested of the contractor's
DBE participation for the project. While the utilization is not mandatory in order to be awarded the project,
continuing utilization of DBE firms on contracts supports the success of Florida's DBE Program, and
supports contractors' Equal Employment Opportunity and DBE Affirmative Action Programs.
Any project listed as 0% DBE availability does not mean that a DBE may not be used on that project. A
0% DBE availability may have been established due to any of the following reasons: limited identified
subcontracting opportunities, minimal contract days, and/or small contract dollar amount. Contractors are
encouraged to identify any opportunities to subcontract to DBE's.
Please contact the Equal Opportunity Office at (850) 414-4747 if you have any questions regarding this
information.
DBE Reporting -
If you are the prime contractor on a project, enter your DBE participation in the Equal Opportunity
Compliance system prior to the pre -construction or pre -work conference for all federal and state funded
projects. This will not become a mandatory part of the contract. It will assist the Department in tracking
and reporting planned or estimated DBE utilization. During the contract, the prime contractor is required
to report actual payments to DBE and MBE subcontractors through the web -based Equal Opportunity
Compliance (EOC) system.
All DBE payments must be reported whether or not you initially planned to utilize the company. In order
for our race neutral DBE Program to be successful, your cooperation is imperative. If you have any
questions, please contact EOOHelp@dot.state.fl.us.
Bid Opportunity List
The Federal DBE Program requires States to maintain a database of all firms that are participating or
attempting to participate on FDOT-assisted contracts. The list must include all firms that bid on prime
contracts or bid or quote subcontracts on FDOT-assisted projects, including both DBE's and non -DBEs.
Please complete the Bidders Opportunity List through the Equal Opportunity Compliance system within 3
business days of submission of the bid or proposal for ALL subcontractors or sub -consultants who quoted
to you for specific project for this letting. The web address to the Equal Opportunity Compliance system
is: https://www.fdot.aov/eaualopportunity/eoc.shtm.
11T5 of an
116 of 197
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 275-030-11
DBE BID PACKAGE INFORMATION EQUAL OPPORTUNITY OF0F9C9
Page 2of2
DBE/AA Plans
Contractors bidding on FDOT contracts are to have an approved DBE Affirmative Action Plan (FDOT
Form 275-030-11 B) on file with the FDOT Equal Opportunity Office before execution of a contract.
DBE/AA Plans must be received with the contractors bid or received by the Equal Opportunity Office rp for
to the award of the contract.
Plans are approved by the Equal Opportunity Office in accordance with Ch. 14-78, Florida Administrative
Code. Plans that do not meet these mandatory requirements may not be approved. Approvals are for a
(3) three year period and should be updated at anytime there is a change in the company's DBE Liaison
Officer and/or President. Contractors may evidence adoption of the DBE/AA Policy and Plan and/or a
change in the designated DBE Liaison officer as follows:
Print the first page of the document on company stationery ("letterhead") that indicates the
company's name, mailing address, phone number, etc.
Print the company's name in the " " space; next to "Date" print the month/day/year the policy is
being signed; record the signature of the company's Chief Executive Officer, President or
Chairperson in the space next to "by" and print the full first and last name and position title of the
official signing the policy.
Print the DBE Liaison's full name, email address, business mailing address and phone number
the bottom of email.
E-mail the completed and signed DBE AA Plan to: eeoforms@dot.state.fl.us.
The Department will review the policy, update department records and issue a notification of approval or
disapproval; a copy of the submitted plan will not be returned to the contractor.
IM of a8
f
i?.N pt)i'i
RICK SCUTT
GOVERNOR
04/12/2017
RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL
RA( HE:L D) ( 0`4
I\'TERIN-I SURE I kR )
The Disadvantaged Business Enterprise Affirmative Action Plan submitted by-
MAGGO LC INC
has been approved for a period of three years. Please update and submit a new plan
before the expiration date shown below. If you do not plan to work on any Florida
Department of Transportation Projects, it will not be necessary for you to submit a new
plan.
If you need any additional information, please contact me at (850) 414-4747.
Sincerely,
Stefan Kulakowski
State Contract Compliance Administrator
Equal Opportunity Office
AFFIRMATIVE ACTION PLAN EXPIRATION: 04/10/2020
This plan is one of the requirements to bid on contracts for the Florida Department of
Transportation. This is not approval for Unified Certification Program Disadvantaged
Business Enterprise (UCP/DBE) Certification. For additional information in becoming a
DBE, contact the Certification Section at (850)414-4747.
,:,,f =` :
11020 3VV 55 ST, MIAM1, FL 33165
PHONE.786-291-2949 FAX 73"72-8331
MAGGOLC. I114C �ierea;t--r -ef rr 'tc asr ,, Company' or -this Company" has
adopted this policy and plan. 1 .
Dave: 4i10i2017 By..
Corporate FEID No.: 20-3,345775
onk�lgz r President -
Signature
Printed name & .itie
DISADVANTAGED BUSINESS) ENTERPRISE ('DBE') AFFIRMATIVE ACTION PLAN
POLICY STATEMENT
It is the policy of this Company that disadvantaged 'businesses, as defined by 49 CFR Part 26, Subpart D and
implemented under Rule Chapter 14-78, F.A.C., shall have the opportunity to participate as subcontractors and suppliers
on all contracts awarded by the Florida Department of Transportation (FDOT).
The requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts entered into between FDOT and the
Company. Subcontractors and/or suppliers to the Company will also be bound by the requirements of Rule Chapter '14-78
F.A.C. and its subcontractors shall take all necessary and reasonable steps !n accordance wits i Chapter 14-78, F.A.C., to
ensure that- disadvantaged businesses have the opportunity to compete and, perform Work contracted with FDOT The
Company and its subcontractors shall not discriminate on the basis of race, color, religion, national origin, disability, sex,
or age in the administration of contracts with FDOT. The Company has designated and appointed a Liaison Officer is
develop, maintain, and monitor the DBE Affirmative Action Plan Implementation. The Liaison Officer will be responsible for
disserrlinatin,g this policy statement throughout the Company and to disadvantaged controlled nus'nesses This statemer,
is posted on notice boards cf the Company.
I. DESIGNATION OF LIAISON OFFICER
The Company will aggressively recruit disadvantaged businesses as subcontractors and suppliers for all contracts witt,
FDOT. The Company has appointed a Liaison Officer to develop and maintain this Affirmative Action Plan in accordance
with the requirements of Rule Chapter 14-78, F.A.C. The Liaison Officer will have primary responsibility for developing,
maintaining, and monitoring the Company's utilization of disadvantaged subcontractors in addition to the following specific
duties:
(1 ) The Liaiscn Officer shall aggressively solicit bids from disadvantaged business subcontractors for a[:
FDOT contracts;
i.2"1 The Liaison Officer will submit all records, reports, and docurnents required by FDOT, and shall maintain such
records for a period of not less than three years, or as directed by ai �y specific contractual requirements of
FDOT.
The following individual has been designated Liaison Officer with responsibiiity for implementing `.he Company's
affirmative action program in accordance with the requirements of FDOT.
DBE LIAISON OFFICER:
NAME: Mario Gonzalez
TITLE: President
EMAIL: maggoic@yahoo.com
ADDRESS: 11020 SW 55 Street Miami, FL 33165
FLORIDA DEPA .` T i.? ; ;"r HANSPORTAT"
AL 10�00R7bNITY OFFICE
DISAPPROVED: �_
H. AFFIRMATIVE ACT;GN METHODS
n order to formulate a realistic Affirmative Action Pian, the Company has identified the following known ba -iers 'o
particioation by disadvantaged subcontractors, before describing its proposes affirmative action methods:
Lack of qualified disadvantaged subcontractors in our specific geographical areas of work;
2. Lack of certified disadvantaged subcontractors who seek to perform FDOT wcirk,
3. Lack of interest in performing on FDOT contracts;
4 Lack of response when requested to bid,
5. Limited knowledge of FDOT plans and specifications to prepare a responsible bid.
In view of the barriers to disadvantaged businesses stated above, it shall be ti~e policy of the Company to prcvide
opportunity by utilizing the following affirmative action methods to ensure participation on the contracts with FDOT'.viil.
1. Provide written notice to all certified DBE subcontractors in the geographical area where the v./ork is to 4e
subcontracted by the Company;
2. Advertise in minority focused media concerning subcontract opportunities with the Company;
3. Select portions of work to be performed by DBEs in order to increase the likelihood of meeting the state's
goals (including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE
participation);
Y. Provide adequate information about the plans, specifications, and requirements of the contract, notrejectinc
subcontractors without sound reasons based on a thorough investigation of their capabilities;
Waive requirements of performance bonds where it is practical to do so;
6. Attend pre -bid meetings held by FDOT to apprise disadvantaged subcontractors of opportunities with the
Company;
7. Follow up on initial solicitations of interest to DBE subcontractors to determine with certainty whether the DBE
company is interested in the subcontract opportunity
8. Utilize FDOT's DBE Supportive Services providers for assistance in identifying and notifying DBE s of
contracting opportunities.
Tree Company understands that this list of affirmative action methods is not exhaustive and will include additional
approaches after having established familiarijy with the disadvantaged subcontracting community and/or determined the
stated approaches to be ineffective.
ill. IMPLEMENTATION
The Company will make every effort to
1. Meet state goals by utilizing its affirmative action methods.
2. Express good faith by seeking to utilize DBE subcontractors where work is to be subcontracted.
3. Ensuring that contracted DBE's perform a cotrmercially useful function as evidenced by their execution of a
distinct element of work with its own workforce and the carrying out responsibilities by actually performing,
managing and supervising the work involved
IV. REPORTING
The Company shall keep and maintain such records as are necessary to determine the Company's compliance with its
DBE Affirmative Action Plan. The Company will design its record keeping system to indicate:
1. The nuriber of DBE subcontractors and suppliers used by the Company, identifying the items o; wor,
materials and services provided.-
2. The efforts and progress being made in obtaining DBE subcontractors through local and community sources,
3. Documentation of all contracts, to inciude correspondence, telephone calls, newspaper advertisements. eic ,
to obtain DBE participation on all FDOT projects;
4. The Company shall comply with FDOT's requirements regarding payments to subcontractors including DBEs
for each month (estimate period) in which the ccriparies ha%�e vvorked
V. DBE DIRECTORY
The Company will utilize the DBE Directory published by the FD-0
MIMI m
1
miamidade.gov
April 3, 2019
MARIO GONZALEZ
MAGGOLC, INC.
11020 SW 55TH STREET
MIAMI, FL 33165
Approval Date: December 31, 2018 - Disadvantaged Business Enterprise (DBE)
Anniversary Date: December 31, 2019
Dear MARIO GONZALEZ,
Internal Services Department
Small Business Development
111 NW 1 Street, 19th Floor
Miami, Florida 33128
T 305375-3111
F 305-375-3160
Miami -Dade County Small Business Development (SBD), a division of the Internal Services Department (ISD), is pleased to notify
you that your firm is certified under the Florida Unified Certification Program (UCP). Your firm meets the eligibility requirements for
certification as a Disadvantaged Business Enterprise (DBE) in accordance with 49 CFR Part 26.
DBE certification is continuous with no expiration date; however, firms are required to attest that there are no changes via the No
Change Declaration form on or before the firm's anniversary date to remain certified. You will be notified of your annual
responsibilities in advance of the Anniversary Date listed above. You must submit the annual No Change Declaration form no later
than the Anniversary Date to maintain your eligibility. Your firm will be listed in the UCP DBE Directory which can be accessed
through the Florida Department of Transportation's website: http://www3b.dot.state.fl.us/EqualOp ortunitvOfficeBusinessDirectory./.
DBE certification is NOT a guarantee of work, but it enables the firm to compete for and perform contract work on all USDOT Federal
Aid (FAA, FTA and FHWA) projects in Florida as a DBE contractor, sub -contractor, consultant, sub -consultant or material supplier.
If at any time there is a material change in your firm, you must advise this office by swom affidavit and supporting documentation
within thirty (30) days. Changes include, but are not limited to ownership, officers, directors, management, key personnel, scope of
work performed, daily operations, ongoing business relationships with other firms, individuals or the physical location of your firm.
After our review, you will receive instructions as to how you should proceed, if necessary. Failure to comply will result in action to
remove your firm's DBE certification.
It is strongly recommended that you register your firm as a vendor with Miami -Dade County. To register, you may visit:
http://www.miamidade.gov/procurement/vendor-registration.asp. Thank you for your interest in doing business with Miami -Dade
County. If you have any questions or concerns, you may contact our office at 305-375-3111 or sbdcert@miamidade.gov.
Sincerely,
Claudious Thompson, Section Chief
Small Business Development
NAICS & Industry Title: (Your firm is eligible to compete for and perform work on all USDOT Federal Aid projects throughout Florida and may earn DBE or
ACDBE credit for work performed in the following areas.)
NAICS 236115: NEW SINGLE-FAMILY HOUSING CONSTRUCTION (EXCEPT FOR -SALE BUILDERS)
NAICS 236116: NEW MULTIFAMILY HOUSING CONSTRUCTION (EXCEPT FOR -SALE BUILDERS)
NAICS 236117: NEW HOUSING FOR -SALE BUILDERS
NAICS 236118: RESIDENTIAL REMODELERS
NAICS 236210: INDUSTRIAL BUILDING (EXCEPT WAREHOUSES) CONSTRUCTION
NAICS 236220: COMMERCIAL AND INSTITUTIONAL BUILDING CONSTRUCTION
NAICS 237110: WATER AND SEWER LINE AND RELATED STRUCTURES CONSTRUCTION
NAICS 237120: OIL AND GAS PIPELINE AND RELATED STRUCTURES CONSTRUCTION
NAICS 237130: POWER AND COMMUNICATION LINE AND RELATED STRUCTURES CONSTRUCTION
NAICS 237310: HIGHWAY, STREET, AND BRIDGE CONSTRUCTION
NAICS 237990: OTHER HEAVY AND CIVIL ENGINEERING CONSTRUCTION
NAICS 238110: POURED CONCRETE FOUNDATION AND STRUCTURE CONTRACTORS
NAICS 238120: STRUCTURAL STEEL AND PRECAST CONCRETE CONTRACTORS
NAICS 238910: SITE PREPARATION CONTRACTORS
NAICS 238990: ALL OTHER SPECIALTY TRADE CONTRACTORS
117 of 197
EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section D — Bid Opportunity List for Professional Consultant
Services and Commodities & Contractual Services (Form 375-
040-62)
11117 of 2W
118 of 197
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-04"2
BID OPPORTUNITY LIST FOR PROFESSIONAL CONSULTANT PROCUREMENT
oaro7
SERVICES, AND COMMODITIES & CONTRACTUAL SERVICES
Prime Contractor/Prime Consultant:
Address/Phone Number: l ��
Procurement Number/Advertisement Number:
C0
49 CFR Part 26.11 The list is intended to be a listing of all firms that are participating, or attempting to participate, on
DOT -assisted contracts. The list must include all firms that bid on prime contracts, or bid or quote subcontracts and
supplies materials on DOT -assisted projects, including both DBEs and non -DBEs. For consulting companies this list must
include all subconsultants contacting you and expressing an interest in teaming with you on a specific DOT -assisted
project. Prime contractors and consultants must provide information for Numbers 1, 2, 3 and 4, and should provide any
information they have available on Numbers 5, 6, 7, and 8 for themselves, and their subcontractors and subconsultants.
1. Federal Tax ID Nu ber: Z� ' 3 3 �� -� �7 6. if DBE 8. Annual Gross Receipts
2. Firm Name: a- o G J G - ❑ Non -DBE ❑ L s than $1 million
3. Phone: - Z El
$1 - $5 million
4. Address: 4 cA..) ❑ Between $5 - $10 million
7. ❑ Subcontractor ❑ Between $10 - $15 million
❑ Subconsultant ❑ More than $15 million
5. Year Firm Established: ZZICI
1.
2.
3.
4.
Federal Tax ID Number:
Firm Name:
Phone:
Address:
5. Year Firm Established:
1.
2.
3.
4.
Federal Tax ID Number:
Firm Name:
Phone:
Address:
5. Year Firm Established:
1.
2.
3.
4.
Federal Tax ID Number:
Firm Name:
Phone:
Address:
5. Year Firm Established:
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
6. ❑ DBE
❑ Non -DBE
7. ❑ Subcontractor
❑ Subconsultant
8. Annual Gross Receipts
❑ Less than $1 million
❑ Between $1 - $5 million
❑ Between $5 - $10 million
❑ Between $10 - $15 million
❑ More than $15 million
8. Annual Gross Receipts
❑ Less than $1 million
❑ Between $1 - $5 million
❑ Between $5 - $10 million
❑ Between $10 - $15 million
❑ More than $15 million
8. Annual Gross Receipts
❑ Less than $1 million
❑ Between $1 - $5 million
❑ Between $5 - $10 million
❑ Between $10 - $15 million
❑ More than $15 million
AS APPLICABLE, PLEASE SUBMIT THIS FORM WITH YOUR: BID SHEET (Invitation to Bid - ITB)
LETTERS OF RESPONSE (LOR)
PRICE PROPOSAL (Request for Proposal - RFP)
REPLY (Invitation to Negotiate - ITN)
rT8 of 229
119 of 197
EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section E — Legal Requirements and Responsibility to the
Public — Title VI Assurance — Dot 1050.2A, Appendix A &
Appendix E
11119 of =
123 of 197
EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section F — Required Contract Provisions — Federal -
Aid Construction Contracts (Form FHWA 1273)
lW of m
124 of 197
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis -Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
Vil. Safety: Accident Prevention
Vill. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Govemmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
L GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower -tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal -aid design -
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design -builder shall be responsible
for compliance by any subcontractor, lower -tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower -tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
FHWA-1273 -- Revised May 1.2012
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal -aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal -aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal -aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794). Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27: and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60. and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230. Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules. regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
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this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer, recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre -apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
SO.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed. such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
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applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT's U.S. DOT -approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT -assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non -
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non -minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
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will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal -aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractors obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single -user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal -aid construction
projects exceeding $2,000 and to all related subcontracts and
lower -tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal -aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters" with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis -Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis -Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b.(1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
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will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics.
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of -the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis -Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. ,
b.(1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/formsMfi347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete:
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
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(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprentice§hip Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor. Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
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d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal -aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis -Bacon and Related Act
requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal -aid construction
contract in an amount in excess of $100.000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally -assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
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VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal -aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term "perform work with its own organization" refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day -today activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision. management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self -performance requirement of paragraph (1) is
not applicable to design -build contracts, however, contracting
agencies may establish their own self -performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to worts in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to cant'
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
Vill. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v i s i o n i s applicable to all Federal -aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal -
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal -aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
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"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal -aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented:
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal -aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal -aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal -aid construction
contracts, design -build contracts, subcontracts, lower -tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more — as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification — First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transactions."
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25.000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.eplg.gov�, which is
compiled by the General Services Administration.
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i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is nominally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion — First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Ter
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.ei)ls.aov/), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction. in addition to
other remedies available to the Federal Government, the
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department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion —Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies. by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Farm-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
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ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal -aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on -site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1 c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on -site work.
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EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section G — Certification for Disclosure of Lobbying
Activities of Federal -Aid Contracts (Form 375-030-33)
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CERTIFICATION FOR DISCLOSURE OF LOBBYING ACTIVITIES
ON FEDERAL -AID CONTRACTS
(Compliance with 49CFR, Section 20.100 (b))
376-030-33
PROCUREMENT
10101
The prospective participant certifies, by signing this certification, that to the best of his or
her knowledge and belief:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any federal agency, a Member of Congress, an officer of employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant, loan,
or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions.
(Standard Form-LLL can be obtained from the Florida Department of Transportation's
Professional Services Administrator or Procurement Office.)
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
The prospective participant also agrees by submitting his or her proposal that he or she
shall require that the language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and
disclos=t:
C ��
Name
BY Date: 3; Authorized Signature
Title: /✓ Y� `
1W of am
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EXHIBIT#1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section H — Disclosure of Lobbying Activities (Form 375-030-
34)
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-34
DISCLOSURE OF LOBBYING ACTIVITIES PROCUREMENT
02/16
Is this form applto your firm?
YES ❑ NO ica a
If no, then please complete section 4
below for "Prime"
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
Year: Quarter:
e. loan guarantee
Date of last report:
f. loan insurance
(mm/dd/yyyy)
4. Na and Address of Reporting Entity:
Prime ❑ Subawardee
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and
Address of Prime:
Tier if known:
a, aT ,J c
Congressional District, if known:
ct...._...: r 3
Congressional District, if known: 4c
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
b. Individuals Performing Services (including address if
(if individual, last name, first name, IWO:
different from No. 10a)
(last name, first name, MO:
11. Information requested through this form is authorized by title 31
C�T
U.S.C. section 1352. This disclosure of lobbying activities is a
material representation of fad upon which reliance was placed
by the tier above when this transaction was made or entered
into. This disclosure is required pursuant to 31 U.S.C. 1352.
Signature:
Print Name:
This information will be available for public inspection. Any
person who fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Title:
_ �O
Telephone No.:� ( Date (mm/dd/yyyy): 3
Federal Use Only:
y
Authorized for Local Reproduction
Standard Form LLL Rev. 7-97
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375-030-34
PROCUREMENT
W4
Page 2 of 2
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the
initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C.
section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete
all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by
the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the
outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the
information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last
previously submitted report by this reporting entity for this covered Federal action.
4. Enter the fullname, address, city, State and zip code of the reporting entity. Include Congressional District, if
known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime
or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier.
Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State
and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational
level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full
Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g.,
Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract,
grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include
prefixes, e.g., `RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter
the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal
action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a).
Enter Last Name, First Name, and Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a
valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this
collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect -of this collection of information, including suggestions for reducing this burden. to the Office of Management and
Budget, Paperwork Reduction Project (0348-0046). Washington, DC 20503.
Mof20
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EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section I — Non -Collusion Declaration and Compliance with
49 CFR 29 (Form 575-060-13)
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 575.060-13
NON -COLLUSION DECLARATION AND RIGHT OF WAY
osrol
COMPLIANCE WITH 49 CFR § 29 Page 1 of 3
ITEM/SEGMENT NO.:
F.A.P. NO.:
MANAGING DISTRICT:
PARCEL NO.:
COUNTY OF: AJ4 -
Pi—c (NAME) of
(TITLE)
of
BID LETTING OF:
(FIRM)
hereby declare that I am
:47�
/ (CITY AND STATE)
and that I am the person responsible within my firm for the final decision as to the price(s) and amount of this Bid on this
State Project.
I further declare that:
1. The prices(s) and amount of this bid have been arrived at independently, without consultation,
communication or agreement, for the purpose of restricting competition with any other contractor, bidder or potential
bidder.
2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a
bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening.
3. No attempt has been made or will be made to solicit, cause or induce any other firm or person to refrain from
bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or
other form of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or
inducement from, any firm or person to submit a complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or
services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in
connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain
from bidding or to submit a complementary bid on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or
services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person,
whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid, or
agreeing to do so, on this project.
7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities
relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them
that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other
conduct inconsistent with any of the statements and representations made in this Declaration.
8. As required by Section 337.165, Florida Statutes, the firm has fully informed the Department of
Transportation in writing of all convictions of the firm, its affiliates (as defined in Section 337.165(I)(a), Florida Statutes),
and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with
respect to a public contract or for violation of any state or federal law involving fraud, bribery, collusion, conspiracy or
material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees
of the firm or affiliates who were convicted of contract crimes while in the employ of another company.
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575-0$0-13
RIGHT OF WAY
05/01
Page 2 of 3
9. 1 certify that, except as noted below, neither my firm nor any person associated therewith in the capacity of
owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the
administration of Federal funds:
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions, as defined in 49 CFR §29.110(a), by any Federal department or agency;
(b) has within a three-year period preceding this certification been convicted of or had a civil judgment
rendered against him or her for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a Federal, State or local govemment transaction or public contract;
violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements or receiving stolen property;
(c) is presently indicted for or otherwise criminally or civilly charged by a Federal, State or local
governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this
certification; and
(d) has within a three-year period preceding this certification had one or more Federal, State or local
govemment public transactions terminated for cause or default.
10. I(We), certify that I(We), shall not knowingly enter into any transaction with any subcontractor, material
supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
contract by any Federal Agency unless authorized by the Department.
Where I am unable to declare or certify as to any of the statements contained in the above stated paragraphs
numbered (1) through (10), 1 have provided an explanation in -the "Exceptions" portion below or by attached separate
sheet.
EXCEPTIONS:
(Any exception listed above will not necessarily result in denial of award, but will be considered in determining
bidder responsibility. For any exception noted, indicate to whom it applies, initiating agency and dates of agency action.
Providing false information may result in criminal prosecution and/or administrative sanctions.)
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this
Peclq_/%Aop-�W�ITN ESS:
WITNESS:
i�,Jv]llll�
FAILURE TO FULLY COMPLETE AND EXECUTE THIS DOCUMENT
MA RESULT IN THE BID BEING DECLARED NONRESPONSIVE
IM of 20
144 of 197
575-060-13
RIGHT OF WAY
05101
Page 3 of 3
REQUIRED CONTRACT PROVISIONS
This certification applies to subcontractors, material suppliers, vendors and other lower tier participants.
- Appendix B of 49 CFR Part 29 —
Appendix B—Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered
Transactions
Instructions for Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this
clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that it shall not knowingly enter into
any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction,
unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it
determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in
this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
11414 of ZM
145 of 197
EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section) —Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion; Lower Tier Covered
Transactions for Federal Aid Contracts, Form 375-030-32)
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-030-32
PROCUREMENT
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 11115
INELIGIBILITY AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED TRANSACTIONS FOR FEDERAL AID CONTRACTS
(Compliance with 2 CFR Parts 180 and 1200)
It is certified that neither the below identified firm nor its principals are presently suspended, proposed for debarment, declared
ineligible, or voluntarj"xcluded from participation in this transaction by any federal department or agency.
Name of
By:
Date:
Title:
Instructions for Certification
Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to
cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated
may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if
at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.
d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily
excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal
is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered
transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower
Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts).
"First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of
Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the
$25,000 threshold.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any
lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website
(https://www.epls.govn, which is compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
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EXHIBIT #1
SCOPE OF SERVICES
ATTACHMENT D TO BID PACKAGE
LOCAL AGENCY PROGRAM (LAP)
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
Section K — Davis Bacon Wage Table
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EXHIBIT 3
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
CONSTRUCTION
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
1. 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, Attachment A,
B, C & D) 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. / Dated: 7i
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
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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, if any, as may be set forth in in an exhibit to this
Solicitation, such proposal must be attached to this Construction Bid Form and will take the place of the
Lump Sum Price, otherwise, the Contract Price for the completed work is as follows:
LUMP SUM BASE PRICE: 358 4-4-dollars and 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 this project is in accordance with Exhibit I, Scope of Services.
Attachment A. B. C & D and_shall be completed, in full, within 270 Calendar days from the
commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during
the described time period shall result in the assessment of liquidated damages as may be set forth in the
Contract.
6.
Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
Address:
Telephone:
Facsimile:
Contact Person
J
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.
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8. If a Respondent's Cost & Technical Proposal, if any, is required by the Solicitation, Respondent hereby
certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such
an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this
Construction Bid Form, and are made a part of this proposal, by reference.
9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the Solicitation package and I agree to be bound by those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing,
including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct to the best of my knowledge,
information and belief.
SUBMITTED THIS DAY OF G 20
PROPOSAL SUBMITTED BY:
(e,, z, R
Compa-ny'U U Telephone Number
Ilan �) A,5 A) 6 - 4- 9 49 J J_
Name of P n Au on to Submit Proposal Fax Number
tU a- gff6 L C G at tt-ao, ca--,�
Signa re Email Address
Title
END OF SECTION
= of =
South(eMiami
TI If CITY Of PI EASANI I IVING
ADDENDUM No. #1
Project Name: 62 AVENUE PEDESTRIAN & BICYCLIST
ENHANCEMENT PROJECT
RFQ NO. PW2020-04
Date: February 7, 2020
Sent: Fax/E-mail/webpage
This addendum submission is issued to clarify, supplement and/or modify the previously issued
Solicitation, and is hereby made part of the Documents. All requirements of the Documents
not modified herein shall remain in full force and effect as originally set forth. It shall be the
sole responsibility of the bidder to secure Addendums that may be issued for a specific
solicitation.
ADDENDUM No. I INCLUDES THE FOLLOWING MODIFICATIONS TO THE
RFP DOCUMENT:
I. REPLACEMENT OF EXHIBIT
ATTACHMENT B."
I, "SCHEDULE OF VALUES,
2. REPLACEMENT OF EXHIBIT I, "SCOPE OF SERVICES," ATTACHMENT
C," CONSTRUCTION PLANS & SPECIFICATIONS:
NOTE: ADDENDUM No. I REPLACES EXHIBIT I, ATTACHMENT B,
"SCHEDULE OF VALUES," AND EXHIBIT I, SCOPE OF SERVICES,
ATTACHMENT C, "CONSTRUCTION PLANS & SPECIFICATIONS" AND
SHALL BE A PART OF THE RFP BY WAY OF THIS REFERENCE.
IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE
ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLI¢`AT10N. Ca/
Page 1 of 1
1 of 27
oa°
2I�S'�
007512
Local Business Tax Receipt
Miami —Dade County, State of Florida
-THIS IS NOT A BILL -DO NOT PAY LBT
5684064
T:
BUSINESS NJUMEAOCAT1ON RECEIPT No. EXPIRES
MAGGOLC INC RENEWAL SEPTEMBER 30, 2020
11020 SW 55TH ST 5928487 Must be displayed at place of business
MIAMI FL 33165 Pursuant to County Code
Chapter BA - An. 9 & 10
WNLP SEC. TYPE OF BUSINESS PAYNENTRECEMU
a196 SPECIALTY ENGINEERING CONTRACT BY Tn11COLls.CTOR
hiAGGOLCINC
E251302 S75.00 07/20/2019
ECHECK-19-219571
Worker(s) 1
This Local Business Tax Receipt anty confirms payment of the Local Business Tax. The Receipt is not a license,
permit or a certification of the holder squalifications. to do business. Holder mug comply with any Bovemmenial
or nongovernmental regulatory laws and requirements which apply to the business.
The RECEIPT NO. above must be displayed an all commercial vehicles - Miami -Dade Code Sec Re-276.
For more information, visa w_ww. i i @dgp,^ bE%1^8[-b'tRr
CTQB
Construction Trades Qualifying Board
JNESS CERTIFICATE OF COMPETENCY
E251302
MAGGOLC INC
D.B.A.:
GONZALEZ MARIO
Is certified under the provisions of Chapter 10 of Miami -Dade County
RICK SCOTT, GOVERNOR JONATHAN ZACHEM, SECRETARY
d bpr
,
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
THE UNDERGROUND UTILITY & EXCAVATION CO HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 489, FLORIDA STATUTES
GONZALEZ, MARIO H
MAGGOLC INC
11020 SW 55TH STREET
MIAMI FL 33165
LICENSE NUMBER: CUC1224888
EXPIRATION DATE: AUGUST 31, 2020
Always verify licenses online at MyFloridaLicense.com
(]��B
�3L��
'►_. .:` Do not alter this document in any form.
�� - This is your license. It is unlawful for anyone other than the licensee to use this document.
.+•
Ron DeSantis, Governor Halsey Beshears, Secretary
db i pr
STATE OF FLORIDA
vEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
THE GENERAL CONTRACTOR HEREIN HAS REGISTERED UNDER THE
PROVISIONS OF CHAPTER 489, FLORIDA STATUTES
(INDIVIDUAL MUST MEET ALL LOCAL LICENSING
REQUIREMENTS PRIOR TO CONTRACTING IN ANY AREA)
GONZALEZ, MARIO H
MAGGOLC INC
11020 SW 55TH STREET
MIAMI FL 33165
LICENSE NUMBER: RG291103844
EXPIRATION DATE: AUGUST 31, 2021
Always verify licenses online at MyFloridal-icense.com
� 1
1f'- Do not alter this document in any form.
�' -t�
�•" This is your license. It is unlawful for anyone other than the licensee to use this document.
ADDENDUM #1
REVISED
EXHIBIT I ,
"SCHEDULE OF VALUES"
Attachment B
RFP #PW2020-04
SW 62 AVENUE PEDISTRIAN &
BICYCLIST EHNANCEMENT PROJECT
TOTAL
VALUES
UNIT
QUANTITY
UNIT
ITEM
DESCRIPTION
PRICE
AMOUNT
101-1
Mobilization
I
LS
5,000.00
5,000.00
102-1
Maintenance of Traffic and Access
I
LS
5,000.00
5,000.00
104-18
Inlet Protection System
6
EA
50.00
300.00
1 10-1-1
Clear and Grubbing
I
LS
10,000.00
10,000.00
1 10-4-
Removal of Existing Concrete
10.00
1,950.00
10
195
SY
1 10-15-
Existing Tree Protection and
3,000.00
3.000.00
2
Preservation
I
LS
I60-4
Type B Stabilization (12") (Min.
1,080.00
L.B.R. of 40
135
S.Y.
8.00
210-1-1
Limerock Base 8" Primed
135
S.Y.
18.00
2,430.00
327-70-
Milling Existing Asphalt Pavement,
5.00
14,750.00
6
1-1 /2" Avg. Depth
2,950
SY
337-7-
Asphalt Concrete Friction Course
82
Traffic C, Type FC-9.5 High
Polymer (I -1 /2" Thick)
203.00
49.735
(Resurfacing)
245
TN
337-7-
Asphalt Concrete Friction Course
82
Traffic C, Type FC-9.5 High
Polymer (I -1 /2" Thick)(New
200.00
3,000.00
Asphalt)
15
TN
339-1
Miscellaneous Asphalt Pavement
180.00
180.00
Adjust Asphalt Driveways)
I
TN
425-4
Adjust Existing Valve Boxes, Meter
Boxes, Fire Hydrants, Manhole
6.000.00
6.000.00
Covers and Catch Basins
I
LS
425-74-
Clean Existing Catch Basins
320.00
1.920.00
I
6
EA
425-
Inlets (Curb) Type 9
5,000.00
5.000.00
1201
1
EA
425-
Inlets (Curb) Type P-1
1311
1
EA
6.000.00
6,000.00
425-
Inlets (Curb) Type P-2
1321
2
EA
7,000.0o
i4.000.00
425-2-
Manhole Type P-7
4,000.00
8,000.00
41
2
EA
a.
2 of 27 v
430- Pipe HDPE 15" Diameter
174- 115 60 LF 65.00 3.900.00
443-70-
Exfiltration Drain (24") (Includes
4
Ballast Rock, Trench and Filter
120.00
24,000.00
Fabric)
200
LF
520-1-
Concrete Curb and Gutter Type
25.00
48,750.00
10
"F" includes cost of limerock
1,950
LF
522-1
Concrete Sidewalk Reconstruction
48.00
45,120.00
4" Thick
940
SY
525-2
Concrete Sidewalk Reconstruction
6" Thick
60
SY
52.00
3.�20.00
526-2
Pavers, Architectural (Adjust
i oo.o0
800.00
Driveway)8
SY
527-2
Detectable Warning Surface
130
SF
20.00
2.600.00
575-1-1
Sodding (Pensacola Bahia or Match
Existing) Includes watering and
6.00
7.950.00
maintenance
1,325
SY
630-2-
Conduit, F&I, Directional Bore
12
190
LF
35.00
6,650.00
635-2-
Pull & Splice Box
11
2
EA8Q0.00
1,600.00
646-1-
Aluminum Signal Post, Pedestal
1,800.00
1.800.00
II
1
EA
660-
Loop Detector, Remove
30.00
120.00
600
4
EA
660-2-
Loop Assembly, Furnish & Install,
I01
Type A
4
AS
1.500.00
6.000.00
665-1-
Pedestrian Detector, F&I, Standard
350.00
11
1
EA
350.00
700-1-
Single Post Sign R2-1 (SPEED
II
LIMIT)I
AS
250.00
250.00
700-1-
Single Post Sign R4-1 I (BICYCLES
250.00
3,000.00
11
MAY USE FULL LANE)
12
AS
700-1-
Single Post Sign R7-1 (NO
II
PARKING
6
AS
250.00
�.500.00
700-1-
Single Post Sign R 10-3A (PUSH
11
BUTTON TO CROSS STREET)
I
AS
250.00
250.00
700-1-
Relocate Existing Sign ( Single Post)
50
8
AS
50.00
400.00
700-1-
Remove Existing Sign (Single Post)
60
8
AS
25.00
200.00
706-3
Marker Pavement Retro- Reflective
56
EA
6.00
336.00
711-1 1-
Themoplastic (White) (Solid) (6")
III
1,660
LF
2.00
3.320.00
1-
Themoplastic (White) (Solid) (12")
r711-1
123
1
720
LF
4.00
2.880,00
71 1-1 1-
125
Themoplastic (White) (Solid) (24")
150
LF
700
1,050.00
71 1-1 1-
160
Thermoplastic (White) (Message)
Bicycle
12
EA
350.00
4,200.00
711-1 1-
211
Themoplastic (Yellow) (Solid) (6")
1,310
LF
2.00
2.620.00
711-1 1-
224
Themoplastic (Yellow) (Solid) (18")
20
LF
6.00
120.00
711-11-
231
Themoplastic (Yellow) (10'-30' Skip)
6"
0.06
GM
6,000.00
360.00
Sub -Total 310,591.0 1
MISCELLANEOUS ITEMS
102-14
Traffic Control Officer 120
HR
5.00
600.00
800-7
Permit Allowance I
LS
100.00
100.00
980
Safety Act I
LS
400.00
400.00
999 1
Contingency I S% I
LS
46.753.65 11
46,753.65
Sub -Total 47.853.65
Total:
358,444.65
SUBMITTED
THIS 17 DAY OF
PROPOSAL SUBMITTED BY:
Maggolc Inc.
Company
Mario Gonzalez
Name of Person Au th rized o S b roposal
t / Signature
President
Title
March
2020 .
786-291-2949
Telephone Number
786-472-8831
Fax Number
maggolc@yahoo.com
Email Address
END OF SECTION
4 of 27
158 of 197
EXHIBIT 3
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
CONSTRUCTION
BID FORM
THIS PROPOSAL IS SUBMITTED TO:
Steven Alexander
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of
South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified
or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A,
B, C & D) 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. / Dated:
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
IM of 2=
159 of 197
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, if any, as may be set forth in in an exhibit to this
Solicitation, such proposal must be attached to this Construction Bid Form and will take the place of the
Lump Sum Price, otherwise, the Contract Price for the completed work is as follows:
LUMP SUM BASE PRICE: 358 dollars and 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 this project is in accordance with Exhibit I Scope of Services
Attachment A. B. C & D and shall be completed, in full, within 270 Calendar days from the
commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during
the described time period shall result in the assessment of liquidated damages as may be set forth in the
Contract.
6.
Insert the following information for future communication with you concerning this Proposal:
RESPONDENT:
Address:
Telephone:
Facsimile:
Contact Person
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.
IM of aw
160 of 197
8. If a Respondent's Cost & Technical Proposal, if any, is required by the Solicitation, Respondent hereby
certifies that all of the facts and responses to the questions posed in the Cost & Technical Proposal, if such
an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this
Construction Bid Form, and are made a part of this proposal, by reference.
9. By submitting this proposal, I, on behalf of the business that I represent, hereby agree to the terms of the
form of contract contained in the Solicitation package and I agree to be bound by those terms, with any
appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information
contained in the Solicitation Documents and this Proposal, or such information that the City and I have
agreed upon in the course of contract negotiations and which have been confirmed by the City in writing,
including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful
representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity,
that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the
information and representations contained herein are true and correct to the best of my knowledge,
information and belief.
SUBMITTED THIS / -�- DAY OF e-- G 20
PROPOSAL SUBMITTED BY:
q-9,45) (e - --
Company Telephone Number
1A rr�) -
Name of P n Au on to Submit Proposal Fax Number w a- CC Lei cc tt-0-0 .
Signa re Email Address
Title
END OF SECTION
1W of =
40 of 197
EXHIBIT # I
SCOPE OF SERVICES
ATTACHMENT C
SW 62 AVENUE PEDESTRIAN & BICYCLIST ENHANCEMENT PROJECT
RFP #PW2020-04
"CONSTRUCTION PLANS & SPECIFICATIONS"
40of=
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43 of 197
SUMMARY OF QUANTITIES
PAY ITEM N0.
ITEM
UNIT
101-1
MOBILIZATION
MAINTENANCE OF TRAFFIC
TRAFFIC CONTROL OFFICER
L.S.
1
1!
1:
102-1
DA.
HR
102-14
104-18
110-1-1
110-4-10
- -5-2
160-4
210-1-1
327-70-6
337-7-82
337-7-8_2�
339-1
425-4
425-74-1
425-1201
425_-1311
425-1321
425-2-41
430-174-115
443-70-4
520-1-10
522-1
522-2
INLET PROTECTION SYSTEM _— —v
CLEARING AND GRUBBING _
REMOVAL OF EXISTING CONCRETE
EXISTING TREE PROTECTION AND PRESERVATION
_TYPE "B" STABILIZATION (121 (MIN. L.B.R. OF 40)
LIMEROCK BASE (8") (PRIMED)
MILLING EXIST ASPH PAVE, 1-1/2" AVG DEPTH
_ASPHALT CONCRETE FRICTION COURSE TRAFFIC C. FC-9.5, HIGH POLYMER (1-1/2" Thick) (RESURFACING)
ASPHALT CONCRETE FRICTION COURSE TRAFFIC C. FC-9.5, HIGH POLYMER (1-1/2" Thick) (NEW ASPHALT)
! MISCELLANEOUS ASPHALT PAVEMENT (ADJUST ASPHALT- DRIVEWAYS)
ADJUST EXISTING VALVE BOXES, METER BOXES, FIRE -HYDRANTS. MANHOLE COVERS AND CATCH BASINS
CLEAN EXISTING CATCH _BASINS -
INLETS, CURB, TYPE 9, <10'
INLETS, CURB, TYPE P-1, >10'
INLETS, CURB, TYPE P-2, <1d' --- --- -
MANHOLES, P-7, <10' -- - - - - - - - - - `-- ---
PIPE HDPE - 15" DIAMETER
EXALTRATION DRAIN (24") (INCLUDES, BALLAST ROCK_ , TRENCH, AND PLASTIC FILTER FABRIC) _
CONCRETE CURB AND GUTTER (TYPE "F")
CONCRETE SIDEWALK _(4" THICK)
__CONCRETE SIDEWALK (6" THICK) (DRIVEWAYS) _
PAVERS, ARCHITECTURAL (ADJUST DRIVEWAY)
DETECTABLE WARNING SURFACE - - - - -- - -
SODDING (PENSACOLA BAHIA OR MATCH EXISTING) (INCLUDES WATERING AND MAINTENANCE)
EACH
6
ACRE
1.
1S
1
S.Y.
L.S.
S.Y.
S.Y.
1.
1.
S.Y.
2,
TON
2j
TON
TON
1!
1
L.S.
1
6
EACH
EACH
EACH
1
1
2
EACH
EACH
1 2
L.F.
1 61
L.F.
L.F.
S.Y.
S.Y.
S.Y. '
S.F. -- -
_21
1,
9
61
8
t
526-2
- 527-2
575-1-1
S.Y.
1,
PAY ITEM NOTES
102-1 INCLUDES THE COST OF FURNISHING, INSTALLING AND REMOVING ALL ITEMS OF MAINTENANCE OF TRAFFIC NOT PAID FOR UNDER SEPARA
BARRICADES, FLASHING LIGHTS, TEMPORARY PAVEMENT MARKING, TRAFFIC SIGNAL MODIFICATION FOR TRAFFIC CONTROL, ETC.
520-1-10 INCLUDES COST OF LIMEROCK
337-7-82 INCLUDES 5 TONS OF CONTINGENCY TO BE USED IN THE AREAS WHERE OVERBUILD MAY REQUIRED.
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45 of 197
z
- - - - -— --- 25' --
th I
f=
� I 5'
r
7'
3 th Proposed
Existing Landscape
c Sidewalk•
to Remain
I
1'
2X MAX.
16- (Tip•) -F
Contractor to Regrode
Swales as Needed
60'
+ f Construction
- -- - -- v - -- -
2' 6- _
_
Proposed
Sidewalk*
Conc. Type F" & Conc. Type "F' &
Volley Gutter i Valley Gutter
fR r _
``_A) I RAJ
1:
1
2X MAX.
6" (T.w
C V New 8' Limerock 80-
�U1
Now 12" Stabilized Su
C� Proposed 1-112' Milling & Resurfacing, Type FC-9.5 Traffic C, Friction Course
(B) Proposed New Asphalt
C ;{ Existing 8' Limerock Base
�D) Existing 12" Stobflized Subgrade
• See Plans for Proposed Sidewalk
PROPOSED TYPICAL SECTION
FROM STA: 32+50 TO STA: 34+60
i
60'
25' +of Construction 35'
6' 6' 2' t1' - - I _ 1t?�_ 6- -
a Existing Landscape Proposed Proposed
y� to Remain Sidewalk• � � � Sidewalk*
Conc. Type "F' & Conc. Type "F' &
Valley Gutter i Valley Gutter
2X MAX. J t
(C) NBo.
Controctor to Regrode (D) Ned Su
Swoles as Needed ,`1���� (� �� ����� f
46 of 197 3
I I ;
To .o v
r 4
! / I PROP. TYPE 'F' &
/ GUTTER ENDING AS PECURBR FDOT
2019-2020 STANDARD INDEX
_Q !o No. 520-001 (TYP.) 3
EXIST. PRE
HYDRANT
A oP
i0 REMAIN
s
y
TI
RAMP TO
2fi 9
REMAIN
REMAIN
f I%ISi. POWER
POLE 10 REMAIN
1
+JL0t
,. /J�18•Rt
• Y Q PROP. 5' WIDE 4 THICK
CONCRETE SIDEWALK
EXIST. CABINET
TO REMAIN
-K"
'off
2OT9-20n STANDARD 3 d p' `y�44' Rf
I
INDEX No.
522-002 J
WAT— WAT— WAT -6'— WATT—C&-
WAT—
WAT WAT >WAT
i
3
.________________1j1j
_________<
______—__19
—
29+00
\PROP.
~
WAT— L L
r
UNITS OF MILLING
& RESURFACING B
w
jj
I `
INTERSECTION OF BOTH
w
3 WAT
_ ST & 62ND AVE SHOWN
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4ry�
l
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2
10+7J87 o
�•
JtJJF AT
EXIST. RAMP TO
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EXIST. POKER
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0 0 1'o I vi ,J Y I P�
PROP- PEDESTRIAN RAMP i
CR-E AS PER FOOT <
'(\ �• 2019-2020 STANDARD 10+529J EXIST. TREE
` INDEX No. 522-002 ,� o o. TO REMAIN
I/
F' 10+44.27
2] {7' RI
PRO. TYPE 'F- CURB &
GUTTER ENDING AS PER FOOT
2019-2020 STANDARD INDEX
No. 520-001 (TYP.) a
'ram I ; I
I
S1
PROP. TYPE -9- CATCH
BASIN
STA29N9.T6 OFF.-01.25LT
FLOW LNE E111.12
SUMP2.40
INV EI.W.:3.401VOLE)
0q K
aQ
NN
NN
PROP.
PROP.
6' THICK
SAW -CUT
& MATCH
(.0
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�
EXISTING
ELEVATOR
EXIST . VE
b N
N a
DRIVEWAY
CONCREIF DRIVEWAY
CONCRETE
i0 REMAIN
PROP. 5' WIDE 4'
RICK CONCRETE
IOff.
�•+
n
+ry
W LINE
WOEW lEXIST. GUY w1F
E / / PROP. DROP CURB AS PER FOOT SOP
/ STANDARD INDEX No. 520-001 (TV)
- WAT
___---__—__
`m w+oo SW 62ND AVENU
UNITS OF MIWNG & REWRFAONG,'= Q
PROP. 30LF OF 15"0 PROP. DROP CURB AS PER FOOT 2019-2020
HDPE SOLID PIPE
STANDARD INDEX No. 520-001 (iYP.)
s2
PROP. CURB INLET TYPE-P-0'
STA:29N9.80 OFF:16.54RT
FLOW UNE EL:11.13
SUMP:2.30
INV ELEV:3.3015' 0 (AN
INV ELEV.:6.60 24' 01N)
/M' o o
1 I PROP. RESIDENCE PROP 5' INDE 4' DRIVEWAY UNDER CONCRETE SIDEW/
CONSTRUCTION
PRO. fi THICK
CONCRETE SIDEWALK
PRO. ROLF O EXFILTRARON
WENCH 'NTH 24'0 HOPE
SLOTED PIPE AS PER FOOT
STANDARD INDEX No, 443-001
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5'
Sidewalk
Prop. New 4" Thick Conc. Sidewalk with 1/8"
Control Joint ® 5' O.C. Conc. Shall be Gass
I Conc. w/a Min. Strength of 2500 psi. (6"
thick ® driveways with 6 x 6 w1.4 x w1.4
w. w.m. where indicated in Plans, or as
directed by the Engineer) a02%ft Max. +
9
Dow
HERE
V-CHANNEL POST-
(7 LBS.NFT.) \
i'OOLLARDPN TRAFFKAREAS --- §
ti
SLOPE TOP
OF CONCRETE \
GROUND SURFACE
PC CONCRETE
•a I I I I• � N
ALL W W+ &GALL CdiLY WIN U I OEPNRTWW OF TRANVMrArM
FEDERAL N/CHWAYAO WM3TPA "0" UWAL ON LNfORY TRAFFIC
CONTROL MVICEr.. LOCAL COME ANDAS WECIRM. &XXW *ON$ To
POMN ACCORDANCE WtHAAyUFACTURERBN$TRUCT*NX
STANDARD SIGN BASE
N.T.S.
ANUR
AENV '••,�p