HomeMy WebLinkAboutReso 2010-1620
RESOLUTION NO. 2010 - Ii:, "'lO
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE AWARD OF
RFP NO. 10-08-01 TO AND ENTERING INTO AN AGREEMENT
WITH SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
FOR THE CONSTRUCTION OF THE CENTRAL ISLAND
EMERGENCY OUTFALLS IMPROVEMENTSIDRAINAGE
PROJECT PHASE IV, IN AN AMOUNT NOT TO EXCEED EIGHTY-
FOUR THOUSAND SEVEN HUNDRED FORTY DOLLARS AND
EIGHTY-ONE CENTS ($84,740.81), ATTACHED HERETO AS
EXHIBIT "A", BASED ON THE PRICING, TERMS, AND
CONDITIONS LISTED IN THE BID RESPONSE, ATTACHED
HERETO AS ATTACHMENT "A"; AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE
THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has continuously experienced problems with flooding in the Central
Island area, and was in need of engineering services for drainage improvements in Central Island that
will enhance the drainage on North Bay Road both at the Sunny Isles Beach Elementary School and
south ofthe School; and
WHEREAS, the City is now in need of a contractor to furnish all materials, equipment and
labor for the Central Island Drainage Project Phase IV in the City of Sunny Isles Beach; and
WHEREAS, the City issued and advertised Request for Proposals No. 10-08-0 I, for
Professional Construction Services for Central Island Emergency Outfalls Improvements, for which
three (3) responses were received; and
WHEREAS, staff has determined that the bid response from Southeastern Engineering
Contractors, Inc. attached hereto as Attachment "A", is the lowest most responsive responsible bid;
and
WHEREAS, Southeastern Engineering Contractors, Inc. has expressed its ability and desire
to provide these services; and
WHEREAS, the City wishes to award RFP No.1 0-08-0 I to and enter into an agreement with
Southeastern Engineering Contractors, Inc. to provide services on a unit price basis for the Central
Island Emergency Outfalls Improvements/Drainage Project Phase IV Phase IV, in an amount not to
exceed Eighty-Four Thousand Seven Hundred Forty Dollars and Eighty-One Cents ($84,740.81),
attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
R201O- Southeastern - Central Island Drainage Phase IV (RFP 10-08-0 I) Page 1 of 2
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by reference as if fully set forth herein.
Section 2. Award of RFP and Approval of Agreement. The City Commission hereby awards
RFP No.1 0-08-0 1 to and enters into an agreement with Southeastern Engineering Contractors, Inc.
for the Central Island Emergency Outfalls Improvements/Drainage Project Phase IV, in an amount
not to exceed Eighty-Four Thousand Seven Hundred Forty Dollars and Eighty-One Cents
($84,740.81), attached hereto as Exhibit "A", based on the pricing, terms, and conditions listed in the
bid response, attached hereto as Attachment "A".
Section 3.
Authorization ofMavor. The Mayor is hereby authorized to execute said Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 5.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 14th day of October 2010.
'J
AT'fEST:
~~
Jane, A. Hines,.CMC, City Clerk
I '},.' ,; j ,"
. .. ~..
Vote: ~-o
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
---L- (Yes)
~(Y es)
~(Y es)
t/ (Yes)
V(Yes)
Moved by: C.t>l'Io~ s: Co Ho\-L
Seconded by: V \l.l rl\ 0' '\" \\'frl..'UL
_(No)
_(No)
_(No)
_(No)
_(No)
R201O- Southeastern - Central Island Drainage Phase IV (RFP 10-08-0 I) Page 2 of 2
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CENTRAL ISLAND EMERGENCY
OUTFALLS IMPROVEMENTS CONTRACT
THIS AGREEMENT is made and entered into this l!l~ay t)~c€.-- of 2010 by
and between the City of Sunny Isles Beach (the "City") and Southeastern Engineering
Contractors. Inc. a Florida Corporation (the Contractor").
WITNESSETH:
WHEREAS, the City issued Request for Proposals No. 10-08-01 ("RFP") for Professional
Construction Services for the Central Island Emergency Outfalls Improvements (the "Project"), and
Contractor was selected as the lowest responsible, responsive proposer, whose proposal best
served the interest of and represented the best value to the City in conformity with the criteria set
forth in Section 62-8 of the City Code, to perform the professional construction services; and
WHEREAS, the Contractor represents to the City that it possesses the requisite qualifications,
expertise and licenses to perform the professional construction services; and
WHEREAS, the City Commission has determined that it is in the City's best interests to
enter into and approve this Agreement with the Contractor for the Project.
NOW THEREFORE, in consideration of the foregoing, and the mutual covenants
and compensation set forth herein, the City and Contractor agree as follows:
ARTICLE 1. DEFINITIONS
Agreement means this Agreement together with the Contract Documents.
Bond(s) means the Payment Bond and the Performance Bond issued by a surety or sureties in
accordance with the provisions of the Contract Documents.
Commencement Date means the date on which Contractor commences construction of the
Project, but in no event later than five (5) days after the City's issuance of a Notice to Proceed.
Contract Amount means the total sum of monies which has been agreed to between the
Contractor and the City as the total price for the construction of the Project and the performance of
all services under this Agreement.
Contract Documents means this Agreement, the Request for Proposals including any
attachments thereto, any Addenda to the Request for Proposals, the Successful Contractor's
response to the Request for Proposals, the exhibits attached to the Request for Proposals, as well
as the documents specifically identified in Article 15 below.
Contract Time means the time period defined in this Agreement for the Contractor to
complete the Work.
Contractor means the Successful Contractor selected by the City to provide all labor, materials,
equipment and services to complete the Work described in the Contract Documents.
Contractor Project Manager means the person designated by Contractor as its lead
representative to the City. The Contractor Project Manager shall have the authority to obligate
Exhibit "A"
and bind the Contractor and to act on all matters on behalf of Contractor except for revisions to
the Contract Documents and Change Orders.
Construction Change Directive means a written directive to effect changes to the Work,
prepared by and executed by the City.
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by this Agreement.
Construction Work means all Work required by this Agreement for the construction of the
Project. The Construction Work also referred to herein as the "Work".
Cure means the action taken by the Contractor, promptly after receipt of written notice from the
City of a breach of the Agreement, which shall be performed at no cost to the City, to repair,
replace, correct, and/or remedy all material, equipment, or other elements of the Work or the
Agreement affected by such breach, or to otherwise make good and eliminate such breach,
including, without limitation, repairing, replacing or correcting any portion of the Work or the
Project site disturbed in performing such cure.
Cure Period means a period of thirty (30) days, after receipt of written notice to cure from the
City, in which the Contractor is required to cure deficiencies in the Work or compliance with
this Agreement or the Contract Documents.
Drawings means the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without limitation, all
notes, schedules and legends on such Drawings.
Field Directive means a written approval for the Contractor to proceed with Work requested by
the City, which is minor in nature and should not involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at which
time the Contractor has completed all the Work in accordance with the Agreement as certified
by the City and submitted all documentation required by the Agreement. Final Completion shall
be evidenced by the City's issuance of a Final Certificate for Payment.
Insurance Requirements means the requirements described in .this Agreement and the Contract
Documents.
Notice To Proceed means a written letter or directive issued by the City directing that the
Contractor may begin Work on the Project or a specific task of the Project.
Project Manager means an employee or representative of the City assigned to manage and
monitor the Work to be performed under this Agreement and the construction of the Project.
Project means the construction and incidentals thereto, of the project entitled RFP 10-08-01
Professional Construction Services for Central Island Emergency Outfalls Improvements, as
described in the Contract Documents.
Project Location means the North Bay Road area between 180th Drive and 183rd Street in the
City of Sunny Isles Beach.
Punch List means a compilation of items of Construction Work required to be performed by, or
through the Contractor after the Substantial Completion inspection and prior to Final Completion
and payment.
Request For Information (RFI) means a request from the Contractor seeking an interpretation
or clarification by the City relative to the Agreement and/or the Contract Documents. The RFI,
which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s)
requiring clarification or interpret,ation and why the response is needed. The RFI must set forth
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the Contractor's interpretation or understanding of the document(s) in question, along with
the reason for such understanding.
Schedule of Values means a written schedule setting forth the detailed and itemized cost
breakdown, inclusive of labor, material, and taxes of all elements comprising the Work.
Specifications and Plans as used herein means that portion of the Contract Documents
which are the written requirements for the materials, equipment, systems, standards and
workmanship for completion of the Work and performance of related services.
Sub-Contractor(s) means a person or entity other than a materialman or laborer that has a
direct contract with the Contractor to perform or supply any portion of the Work.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or operate
the facility in all respects to its intended purpose. Substantial Completion shall be evidenced by
the City's execution of a Certificate of Substantial Completion.
Time for Completion means the date of Substantial Completion as specified in the Contract
Documents.
Work as used herein refers to all services required by the Contract Documents, including all
labor, materials, equipment, supervision and services needed to complete the Project in
accordance with the Contract Documents.
ARTICLE 1. SCOPE OF WORK
Contractor shall provide all labor, materials, equipment, tools, manpower, management,
supervision, and all other necessary goods and services to perform the Work in the manner
provided this Agreement and the Contract Documents.
ARTICLE 2. CONTRACT TIME. TIME FOR COMPLETION AND LIQmDATED
DAMAGES
2.1 Time is of the essence in the performance of the Work under this Agreement. The
Commencement Date shall be no later than five (5) days after City's issuance of the Notice to
Proceed. Contractor shall perform the Work in accordance with any applicable Construction
Schedule(s), and shall achieve Substantial Completion of construction not later than 60 (sixty)
days after issuance of a Notice to Proceed (hereinafter referred to as the "Time for Completion.")
2.2 Contractor shall complete all applications for any construction permit(s) within ten
(10) calendar days after execution of this Agreement. A Notice to Proceed for the
commencement of the Work will not be issued until Contractor's submission to the City of all
required documents, including, but not limited to, the Bonds, the Insurance Certificate and the
construction permit(s). In the event Contractor fails to deliver to the City the required documents
within ten (10) days after the Execution Date, or fails to apply for the construction permit(s)
within ten (10) days after the Execution Date, or fails to commence the Work within five (5)
days after the City's Issuance of a Notice to Proceed, then Contractor shall be in default. In such
event the City, in addition to all remedies provided for an event of Contractor's default
hereunder, shall have the right to collect from Contractor all expenses incurred by the City in
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the re-procurement of the Services.
2.3 Time is of the essence throughout this Agreement.
2.4 Upon failure of Contractor to achieve Substantial Completion of the Work by the Time
for Completion, plus approved time extensions (if applicable), Contractor shall pay to the City
the sum of five hundred dollars ($500.00) for each calendar day after the Time for
Completion plus any approved time extensions (if applicable). These amounts are not
penalties but are liquidated damages to the City for its inability to obtain beneficial
occupancy and/or 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 by the City as a consequence of such delay, and both
parties desiring to obviate any question of dispute concerning the amount of said damages
and the cost and effect of the failure of Contractor to complete the Construction Work on time.
2.5 The City is authorized to deduct liquidated damages from monies due to Contractor for
Work under this Agreement or as much thereof as the City may, in its sole discretion, deem just
and reasonable.
2.6 Contractor will promptly perform its duties under the Contract Documents and will
give the Work as much priority as is necessary to cause the Work to be completed on a timely
basis in accordance with the Contract Documents. Time is of the essence of this Agreement.
All Work shall be performed strictly (not substantially) within the time limitations necessary to'
meet all deadlines established in the Construction Schedule and the Contract Documents.
2.7 All dates and periods of time set forth in the Construction Schedule, and the Contract
Documents, including those for the commencement, prosecution, Interim milestones,
milestones, and completion of the Work, and for the delivery and installation of materials and
equipment, were included because of their importance to the City.
2.8 Contractor acknowledges and recognizes that (i) the City is entitled to full and beneficial
occupancy and use of the completed Work following expiration of the Time for Completion,
and (ii) the City will schedule the opening of the Project based upon the Contractor's achieving
Substantial Completion of the Work on or before the Time for Completion.
2.9 Contractor agrees to the assessment of liquidated damages as provided in this Agreement.
2.10 Except for extensions approved in writing by the City, Excusable Delays, or as
otherwise specifically provided in this Agreement, the Contractor understands that the occurrence
of events of delay within the Contractor's control, shall not excuse the Contractor from its
obligation to achieve Substantial completion of the Work within the time stipulated in this
Agreement, and shall not entitle the Contractor to an adjustment of the Contract Amount. All
parties under the control or contract with the Contractor shall include, but are not limited to,
subcontractors, materialmen and/or laborers.
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ARTICLE 3. EXCUSABLE DELAY
The Time for Completion may be extended by reason of an Excusable Delay. An Excusable
Delay is delay caused by circumstances (i) beyond the control of Contractor, its Sub-
Contractors, suppliers and vendors and (ii) not caused by the negligence of Contractor, its Sub-
Contractors, suppliers and vendors. Where Contractor claims that it is entitled to an extension
because of an excusable delay, it shall furnish to the Project Manager all documentation
supporting its claim, including, details of the claim, a description of the work affected and the
actual costs resulting from the delay. Failure of Contractor to comply with this Article as to any
particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or
relinquishment of any and all claims resulting from that particular event of delay.
ARTICLE 4. NO DAMAGE FOR DELAY
In the event construction of the Project is delayed through no fault of Contractor or Owner, it is
agreed that Contractor's sole and exclusive remedy is a time extension of the Time for
Completion equal to each day the Work is so delayed. The City shall not be liable for any delay
damages or damages in any way attributable to performing work out of sequence, acceleration
claims, or other similar type claims, incurred by Contractor or any of its Sub-contractors, arising
out of or in any way associated with the performance of this Contract. In the event Contractor is
delayed in performance of the Work by act or omission of Owner, or Owner's Agents,
employees, consultants or Separate Contractor's, Contractor shall be entitled to an equitable
adjustment of the Time for Completion.
ARTICLE 5. CONTRACT AMOUNT. PROGESS
PAYMENTS AND FINAL PAYMENT
5.1 The City shall pay to the Contractor, for the faithful performance of this
Contract, the Contract Amount in accordance with the provisions of Article 2 of this
Agreement. Payment shall be made pursuant to approved applications for payment approved
by the City. Payment shall be made within thirty (30) days after the City's receipt of
Contractor's Application for Payment, approved by the City, and accompanied by sufficient
supporting documentation, and containing sufficient detail, to allow a proper audit of
expenditures, should the City require one to be performed.
5.2 Contractor may make Application for Payment for Construction Work completed
during the Project at intervals of not more than once a month. Contractor's Application for
Payment shall include partial release(s) of liens or consent of Surety relative to the portion of the
Work, which is the subject of the Application for Payment and any other information
required by the City. Each Application for Payment shall be submitted in triplicate to the City
for approval.
5.3 Ten percent (10%) of all monies earned by Contractor shall be retained by the City
until Final Completion, receipt of closeout documents, and acceptance by the City except that
after fifty percent (50%) of the Work has been completed, the Contractor may request a
reduction in the retain age to five percent (5%) of all monies previously earned and all monies
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earned thereafter. Any reduction in retainage shall be in accordance with Section 255.078 Florida
Statutes. Any interest earned on retainage shall accrue to the benefit of the City. All requests for
retainage reduction shall be in writing in a separate stand alone document.
5.4 The City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
5.4.1 Defective Construction Work not remedied.
5.4.2 Claims filed or reasonable evidence indicating probable filing of
claims by other parties against Contractor or the City because of
Contractor's performance.
5.4.3 Failure of Contractor to make payments properly to Sub-Contractors or
for material or labor.
5.4.4 Liquidated damages and costs incurred by the City for extended construction
administration.
5.4.5 Failure of Contractor to comply with other provisions of this Agreement.
5.5 Upon receipt of written notice from Contractor that the Work is ready for final
inspection and acceptance, the City or its designee shall, within ten (10) calendar days, make
an inspection thereof. If the City or its designee finds the Work acceptable, the requisite
documents have been submitted and the requirements of the Contract Documents fully satisfied,
and all conditions of the permits and regulatory agencies have been met, a Final Certificate for
Payment shall be issued by the City or its designee, stating that the requirements of the
Contract Documents have been performed and the Work is ready for acceptance under the
terms and conditions thereof.
5.6 Before issuance of the Final Certificate for Payment, Contractor shall deliver to the
City or its designee a complete release of all liens arising out of this Agreement, or receipts in
full in lieu thereof, an affidavit certifying that all suppliers and Sub-Contractors have been paid
in full and that all other indebtedness connected with the Construction Work has been paid, and a
consent of the surety to final payment; the final corrected As-Built Drawings; the Record
Set; and the final bill of materials, if required, and Application for Payment. Contractor
shall deliver the written Contractor's and all Manufacturers warranties prior to issuance of
the Final Certificate for Payment.
5.7 If, after the Construction Work has been substantially completed, full completion
thereof is materially delayed through no fault of Contractor, and the City or its designee so
certifies, the City shall, upon certificate of its designee, and without terminating the
Agreement, make payment of the balance due for that portion of the Construction Work fully
completed and accepted. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims.
5.8 Final payment shall be made only after the City or designee has reviewed a written
evaluation of the performance of Contractor prepared by the City or its designee, and approved
the final payment. The acceptance of final payment shall constitute a waiver of all claims by
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Contractor, except those previously made in strict accordance with the provIsions of the
Agreement and identified by Contractor as unsettled at the time of the application for final
payment.
ARTICLE 6. REOUESTS FOR INFORMATION (RFI)
The Contractor shall submit in writing a Request for Information (RFI) to the City or its
designee, where the Contractor believes that the specifications or drawings are unclear or
conflict. All requests must be submitted in a manner that clearly identifies the drawing
and/or specification section where clarification or interpretation is being requested.
ARTICLE 7. FIELD DIRECTIVES
The City or its designee may at times issue Field Directives to the Contractor based on visits
to the Project site. Such Field Directives shall be issued in writing and the Contractor shall be
required to comply with such directive. Where the Contractor believes that the directive is
outside the scope of the Work, the Contractor shall, within 48 hours, notify the City or its
designee that the Field Directive is outside the scope of the Work. At that time the Field
Directive may be rescinded or the Contractor may be required to submit a request for a Change
Order proposal. Where the Contractor is notified of the position that the Field Directive is within
the scope and the Contractor disagrees, the Contractor shall notify the City or its designee
that the Contractor reserves the right to make a claim for the time and monies based on the
Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure
to comply with the directive may result In a determination that the Contractor is in default of the
Agreement.
ARTICLE 8. CHANGE ORDERS
8.1 Changes in the quantity or character of the Construction Work of the Project which are not
properly the subject of Field Directives shall be authorized only by Change Orders approved in
advance and issued in accordance with the provisions of the City.
8.2 All changes to the Work or the construction Schedule must be pre-approved in writing by the
City in accordance with the value of the Change Order or the calculated value of the time
extension. All Change Orders, increasing the contract amount by $50,000.00 (fifty thousand
dollars) or more must be pre-approved in writing by the City.
8.3 In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Contract Amount, the City reserves the right at its sole option to either terminate the
Agreement as it applies to the items in question and make such arrangements as may be deemed
necessary to complete the disputed work; or may submit the matter in dispute as set forth in the
dispute resolution procedures set forth in this Agreement.
8.4 On approval of any change increasing the Contract amount, Contractor shall ensure that the
Bonds are increased accordingly.
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ARTICLE 9. SCOPE OF WORK MODIFICATION PROCEDURES
9.1 OWNER INITIATED MODIFICATIONS
The City or its designee will issue a detailed description of proposed changes in the Work that
may require an adjustment(s) to the Contract Amount or Contract Time. If necessary, the
description will include supplemental or revised drawings and specifications. Subsequent to
notification of modifications in the Work by City or its designee, Contractor shall submit a
quotation estimating cost adjustments to the Contract Amount and/or the Contract Time
necessary to execute the change. Contractor shall include the following information when
responding:
. Include a list of quantities of products required or eliminated and unit costs, with total
amount of purchases and credits to be made. If requested, furnish survey data to
substantiate quantities.
. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
. Include costs of labor and supervision directly attributable to the change.
. Include an updated contractor's construction schedule that indicates the effect of the
change, including but not limited to, changes in activity duration, start and finish times,
and activity relationship. Use available total float, if any, before requesting an extension
of the Contract Time.
9.2 CONTRACTOR INITIATED MODIFICATIONS
If latent or unforeseen conditions require modifications in the contract, the Contractor may
propose changes by submitting a request for a change to the City or its designee. Contractor
shall use form AlA Document G709 for said modification requests. The following MUST be
submitted/included by Contractor:
. A statement outlining reasons for the change and the effect of the change on the Work.
Provide a complete description of the proposed change. Indicate the effect of the
proposed change on the Contract Amount and the Contract Time.
. A list of quantities of products required or eliminated and unit costs, with total amount of
purchases and credits to be made. If requested, furnish survey data to substantiate
quantities.
· Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
. Cost of labor and supervision directly attributable to the change,
· Updated contractor's Construction Schedule that indicates the effect of the change,
including, but not limited to, changes in activity duration, start to finish times, and
activity relationship. Use available total float before requesting an extension of the
Contract Time.
· Comply with any applicable product requirements if the proposed change requires
substitution of one product or system for product or system specified.
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9.3 ALLOW ANCES
Allowance Adjustment. To adjust allowance amounts, Contractor shall base each Change
Order proposal on the difference between purchase amount and the allowance, multiplied by
final measurement of work-in-place. If applicable, Contractor shall also include reasonable
allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and
similar margins. Contractor also agrees to the following conditions:
. Include installation costs in purchase amount only where indicated as part of the
allowance.
· If requested, prepare explanation and documentation to substantiate distribution of
overhead costs and other margins claimed.
. Submit substantiation of a change in scope of work, if any, claimed in change orders
related to unit-cost allowances.
. The City reserves the right to establish the quantity of work-in-place by independent
quantity survey, measure, or count.
Contractor must submit claims for increased costs because of a change in scope or nature of the
allowance described in the contract documents, whether for the purchase order amount or
contractor's handling, labor, installation, overhead, and profit. Contractor shall submit claims
within fourteen (14) days of receipt of the change order or construction change directive
authorizing work to proceed. The City or its designee will reject claims submitted later than
fourteen (14) days after such authorization. Contractor also agrees to the following conditions:
· Do not include Contractor's or subcontractor's indirect expense in the change order cost
unless it is clearly shown that the nature or extent of work has changed from what could
have been foreseen from information in the contract documents.
· No change to Contractor's indirect expense is permitted for selection of higher or lower
priced materials or systems of the same scope and nature as originally indicated.
9.4 CHANGE ORDER PROCEDURES
On the City's approval of a proposal request, the City or its designee will issue a change order
for signatures of the City and the contractor on AlA Document G701.
9.5 CONSTRUCTION CHANGE DIRECTIVE
Construction Change Directive. The City or its designee may issue a construction change
directive on AlA Document G714. Construction change directive instructs Contractor to
proceed with a change in the Work, for subsequent inclusion in a change order. Construction
change directive contains a complete description of change in the Work. It also designates
method to be followed to determine change in the Contract Amount or the Contract Time.
Documentation. Contractor agrees to maintain detailed records on a time and material basis of
work required by the construction change directive. After completion of change directive,
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Contractor shall submit an itemized account and supporting data necessary to substantiate cost
and time adjustments to the contract.
ARTICLE 10. SUBSTANTIAL COMPLETION. PUNCH LIST & FINAL COMPLETION
10.1 The Work shall be substantially complete when the City or its designee, in the
reasonable exercise of their discretion, determines that the Work is complete, that there are no
material and/or substantial variations from the Agreement, and the Work is fit for its intended
purpose. Upon Substantial Completion, the City will prepare a Certificate of Substantial
Completion. The signing of this form shall not relieve the Contractor from its obligation to
complete the Project.
10.2 When the Contractor believes that the Construction Work is substantially complete, the
Contractor shall request in writing that the City or its designee inspect the Construction Work to
determine if Substantial Completion has been achieved. No request for Substantial Completion
inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy,
Certificate of Completion or a Temporary Certificate of Occupancy unless the failure to
obtain such certificate(s) is beyond the Contractor's control. The City of its designee shall
schedule the date and time for any inspection and notify the Contractor and any other parties
deemed necessary. During this inspection, the City or its designee and the Contractor shall sign a
Substantial Completion Inspection certificate, any remaining Work shall be identified on the
Punch list form, which work shall be known as Punch List work. The Punch List shall be
signed by the City or its designee and the Contractor to confirm that the Punch List contains the
item(s) necessary to complete the Construction Work. The failure or refusal of the Contractor to
sign the Substantial Completion Inspection form or the Punch List, or the failure to include any
items of corrective work on such Punch List, do not alter the responsibility of Contractor to
complete all of the Work in accordance with the Contract Documents.
10.3 Where the Punch List is limited to minor omissions and defects, the City or its
designee shall indicate that the Construction Work is substantially complete subject to
completion of the Punch List. Where the City or its designee determines that the Work is not
substantially complete, the City or its designee shall provide a list of all open items necessary
to achieve Substantial Completion. Upon completion of such Work, the Contractor shall
request another Substantial Completion inspection.
10.4 The City or its designee, and the Contractor shall agree on the time reasonably
required to complete all remaining Work included in the Punch List.
10.5 Upon the receipt of all documentation, resolution of any outstanding issues and
completion of the Punch List items, the City or its designee shall issue a Final Certificate for
Payment. Upon issuance of the final payment, the City or its designee shall notify the Contractor
in writing of the closeout of the Project.
10.6 Warranties required by the Contract Documents shall commence on the date
of Substantial Completion of the Work or designated portion thereof unless otherwise provided
in the Certificate of Substantial Completion.
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ARTICLE 11. WARRANTY OF CONSTRUCTION
The Contractor shall warrant that the Work conforms to the Agreement and is free of any patent
and/or latent defect of the workmanship for a minimum period of one year from the date of Final
Completion. This warranty shall be in addition to whatever rights the City may have under law.
The Contractor's obligation under this warranty shall be at its own cost and expense, to
promptly repair or replace (including cost of removal and installation), that item (or part
or component thereof) which proves defective or fails to comply with the Agreement within the
warranty period such that it complies with the Agreement.
ARTICLE 12. AS-BUILT DRAWINGS
During the Construction Work, Contractor shall maintain records of all deviations from
the Drawings and Specifications as approved by the City or its designee and furnish such
information as is required for the City or its designee to prepare As-Built Record Drawings
showing correctly and accurately all changes and deviations made during construction to
reflect the work as it was actually constructed.
ARTICLE 13. CLEANING UP - THE CITY'S RIGHT TO CLEAN UP
Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by its operations. At the completion of the Project, Contractor shall remove
all its waste materials and rubbish from and about the Project as well as its tools, construction
equipment, machinery and surplus materials. If Contractor fails to clean up during the
prosecution of the Work or at the completion of the Construction Work, the City may do so and
the cost thereof shall be charged to Contractor. Cleaning operations should be controlled to
limit dust and other particles adhering to existing surfaces.
ARTICLE 14. REMOVAL OF EOUIPMENT
In case of termination of this Agreement before completion for any cause whatsoever,
Contractor, if notified to do so by the City or its designee, shall promptly remove any part or all
of Contractor's equipment and supplies from the property of the City. If the Contractor fails to
comply with the City's order, the City shall have the right to remove such equipment and
supplies at the expense of Contractor.
ARTICLE 15. CONTRACT DOCUMENTS
The Contract Documents shall consist of this Agreement, the Exhibits, the Request for Proposals
No. 10-08-01, the Successful Contractor's Response to the Request for Proposals No. 10-08-01,
the Bid Bond, the Payment and Performance Bond, the DERM approved Drawings prepared
by Beiswenger, Hoch and Associates, Inc. any Addenda to Request for Proposals No. 10-08-
01, Contractor's Schedule of Value, approved written interpretations and clarifications, Field
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Directives, Construction Change Directives, any Change Orders issued thereto, and any
modifications. duly issued after execution of the Agreement. Any modification to this
Agreement shall only be effective if it is reduced to writing, and duly executed by both parties,
except a Field Directive or Constructive Change Directive shall be effective after approval
and execution by the City. The general intent of the Contract Documents is to include all
items necessary for the proper execution and completion of the Project by the Contractor.
ARTICLE 16. SITE INVESTIGATION AND REPRESENTATION
16.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work, the general and local conditions, particularly those bearing upon availability of
transportation, disposal, handling and storage of materials, availability of labor, water, electric
power, and roads, the conformation and conditions at the ground and all other matters which
can in any way affect the Work or the Contract Amount.
16.2 The Contractor further acknowledges that it has satisfied itself as to the character,
quality, and quantity of surface and subsurface materials to be encountered from evaluating
information included in the Contract Documents. Any failure by the Contractor to acquaint itself
with all the provided information will not relieve Contractor from responsibility for properly
estimating the difficulty or cost thereof under the Contract Documents.
ARTICLE 17. OWNERSHIP AND USE OF DOCUMENTS
The Drawings, Specifications and other documents prepared by the City or its designee, and
copies thereof furnished to the Contractor, are for use solely with respect to this Agreement. They
are not to be used by the Contractor, Sub-Contractors, and/or material suppliers on other
projects, without the specific express written consent of the City. The Contractor, Sub-Contractors,
and/or material suppliers are granted only a limited license to use and reproduce applicable
portions of the Drawings. Specifications, and other documents prepared by the City or its designee,
appropriate to and for use in the execution of their Work under this Agreement.
ARTICLE 18. PLANS. SPECIFICATIONS AND WORKING DRAWINGS
18.1 The City or its designee shall have the right to modify the details of the Plans,
Specifications, and Working Drawings with additional plans, drawings or additional information
as the Work proceeds, all of which shall be considered as part of the Contract Documents.
18.2 Where the Contractor believes that the modification or supplement is outside the
Scope of the Work, the Contractor shall, within 72 hours, notify the City or its designee that
the modification or supplement is outside the scope of the Work. At that time the modification or
supplement may be rescinded or the Contractor may be required to submit a request for a
Change Order proposal. Where the Contractor is notified of the City's position that the
modification or supplement is within the scope and the Contractor disagrees, the Contractor
shall notify the City or its designee that the Contractor reserves the right to make a claim for
the time and monies based on the modification or supplement. At no time shall the Contractor
refuse to comply with the modification or supplement.
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]"
18.3 When, in the opinion of the City or its designee, it becomes necessary to explain the Work
to be done more fully, or to illustrate the Work further, or to show any changes which may be
required, supplementary drawings, with specifications pertaining thereto, will be prepared by the
City or its Designee. The supplementary drawings shall be binding upon Contractor with the same
force as the Contract Documents. Where such supplementary drawings require either less or more
than the original quantities of work, appropriate adjustments shall be made by Change Order.
18.4 The City or its designee, as applicable, shall have the right to approve and issue
Supplemental Instructions setting forth written orders, instructions, or interpretations concerning
the Contract Documents or its performance.
ARTICLE 19. CONTINUING THE WORK
Contractor shall carryon the Work and adhere to the progress schedule during all disputes or
disagreements with the City, including, without limitation, disputes or disagreements concerning a
request for a Change Order, the Contract Amount, the Contract Time, or Time for Completion.
The Work shall not be delayed or postponed pending resolution of any disputes or
disagreements. All disputes shall be resolved in accordance with Article 37 pertaining to
Mediation and Arbitration of Disputes.
ARTICLE 20. AUTHORITY OF THE CITY AND ITS DESIGNEE
20.1 The City or its designee shall determine or answer, all questions of any nature whatsoever
arising out of, under or in connection with, or in any way relating to or on account of the Work,
and/or as to the interpretation of the Work to be performed.
20.2 The Contractor shall be bound by all determinations or orders of the City or its
Designee and shall promptly respond to requests of the City or its Designee, including the
withdrawal or modification of any previous order, and regardless of whether the Contractor
agrees with the City's or its designee's determination or requests.
20.3 The City's designee shall have authority to act on behalf of the City to the extent
provided by the Agreement, unless otherwise modified in writing by the City. All instructions to
the Contractor shall be issued in writing. All instructions to the Contractor shall be issued
through the City or its designee.
20.4 The City or its designee shall have access to the Project Site during normal work
hours, unless access is required by the City due to health, safety or welfare of the City or the
public. The Contractor shall provide safe facilities for such access so the City or it designee may
perform their functions under the Agreement. The City or its designee will make periodic visits to
the Work Site to become generally familiar with the progress and quality of the Work, and to
determine if the Work is proceeding in accordance with the Contract Documents.
20.5 The City or its designee will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection
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with the Work, and will not be responsible for the Contractor's failure to carry out the
Construction Work in accordance with the Agreement.
20.6 The City or its designee will have authority to reject Work that does not conform to
the Contract Documents requirements. Whenever, in his or her opinion, it is considered
necessary or advisable to ensure the proper implementation of the Contract Documents, the
City or its designee will have authority to require special inspections or testing of the
Construction Work, whether or not such Construction Work is fabricated, installed or completed.
Neither the City's and/or its designee's authority to act under this Article, nor any decision
made by himlher in good faith either to exercise or not to exercise such authority, shall give rise
to any duty or responsibility of the City or its designee to the Contractor, any Sub-Contractor,
supplier or any of their agents, employees, or any other person performing any of the Construction
Work.
20.7 The City or its designee will not be responsible for the acts or omissions of the
Contractor, or anyone employed or contracted directly or indirectly by the Contractor including
any Sub-Contractor, or any of their agents or employees, or any other persons performing any of
the Work.
ARTICLE 21. DEFECTIVE WORK
21.1 The City or its designee shall have the authority to reject or disapprove Work which is
found to be defective. If defective work is found, Contractor shall promptly either correct all
defective work or remove such defective Work and replace it with non-defective Work.
Contractor shall bear all direct and indirect costs of such removal or corrections including
cost of testing laboratories and personnel.
21.2 Should Contractor fail or refuse to remove or correct any defective Work or to make any
necessary repairs in accordance with the requirements of the Contract Documents within the
time indicated in writing by the City or its designee, the City shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may be necessary at
Contractor's expense. Any expense incurred by the City in making such removals, corrections or
repairs, shall be paid for out of any monies due or which may become due to Contractor, or may
be charged against the Payment and Performance Bond. In the event of failure of Contractor to
make all necessary repairs promptly and fully, which is not cured in the Cure Period, the City may
declare Contractor in default.
21.3 If, within one (1) year after the date of Substantial Completion or such longer period of
time as may be prescribed by the terms of any applicable special warranty required by the
Contract Documents, or by any specific provision(s) of the Contract Documents, any of the
Construction Work is found to be defective or not in accordance with the Contract Documents,
Contractor, after receipt of written notice from the City or its designee, shall promptly correct such
defective or nonconforming Construction Work within the time specified by the City without cost to
the City. Nothing contained herein shall be construed to establish a period of limitation with
respect to any other obligation which Contractor might have under the Contract Documents
including but not limited to any claim regarding latent defects.
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21.4 Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate the City to final acceptance.
ARTICLE 22. CORRECTION OF WORK
Where the City or its designee becomes aware of faults, defects or non-conformity in any of the
Work provided under this Agreement or with the Work being performed by the Contractor, the
City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall
the failure of the City or its designce to bring to the attention of the Contractor of such faults act
as a waiver or release the Contractor from responsibility or liability for such fault, defect or non-
conforming Work.
ARTICLE 23. WARRANTY OF MATERIALS AND EOUIPMENT
23.1 Contractor warrants to the City that all materials and equipment furnished under this
Agreement will be new unless otherwise specified and that all of the Work will be of good
quality, free from faults and defects and in conformance with the Contract Documents. All
equipment and materials not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If required by City or its
designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials
and equipment. This warranty is not limited by any other provisions within the Contract
Documents.
23.2 Contractor shall provide to the City or its designee all manufacturers' warranties. All
warranties, expressed and/or implied, shall be given to the City for all material and equipment
covered by this Agreement. All material and equipment furnished shall be fully guaranteed by
the Contractor against factory defects and workmanship. At no expense to the City, the
Contractor shall correct any and all apparent and latent defects that are required by Florida law.
The Contract Documents may supersede the manufacturer's standard warranty,
ARTICLE 24. CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
24.1 Without invalidating the Agreemcnt and without notice to any Surety, the City reserves
and shall have the right, from time to time to make such increases, decreases or other changes
in the character or quantity of the Work as may be considered necessary or desirable to complete
fully and acceptably the proposed construction in a satisfactory manner. Any extra or additional
work within the scope of this Project must be issued in writing in accordance with the
requirements of this Agrecment.
24.2 Any changes to the terms of the Contract Documents must bc contained in a written
document, executed by the parties hereto, with the same formality and of equal dignity prior to
the initiation of any Work reflecting such change. This Article shall not prohibit the issuance of
Change Orders executed only by the City or its designee as hereinafter provided.
24.3 Contractor shall increase or decrease the value of the Performance and Paymcnt Bonds
to reflect the Contract Amount, as it may be revised.
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ARTICLE 25. OSHA COMPLIANCE AND SAFETY PRECAUTIONS
25.1 The Contractor warrants that it will comply with all safety precautions as required by
federal, state or local laws, rules, regulations and ordinances
25.2 Contractor warrants that it will adhere to the applicable environmental protection
guidelines for the duration of the Project. If hazardous waste materials are used, detected or
generated at any time, the City or its designee must be immediately notified of each and every
occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other
legal requirements of public authorities (including, without limitation, OSHA, EP A, DERM,
the City of Sunny Isles Beach, Miami-Dade County, State of Florida, and Florida Building
Code) which bear on the performance of the Work.
25.3 If an emergency condition should develop during the Project, the Contractor must
immediately notify the City or its designee of each and every occurrence. The Contractor
should also recommend any appropriate course(s) of action to the City or its designee.
ARTICLE 26. PRIORITY OF PROVISIONS
26.1 If there is a conflict or inconsistency between any term, statement requirement, or
provision of any Exhibit or Attachment hereto, any document or events referred to herein, or any
document incorporated into this Agreement by reference and a term, statement, requirement, the
specifications and plans, or provision of this Agreement the following order of precedence shall
apply:
26.2 In the event of conflicts in the Contract Documents the priorities stated below shall
govern.
· Revisions to the Contract Documents shall govern over the Contract
Documents
· No section of the Scope of Work, specifications or plans shall govern over the
Contract Terms and Conditions
· Scope of Work and Specifications shall govern over plans and drawings
26.3 In the event of conflicts with the plans the priorities stated below shall govern:
· Schedules, when identified as such shall govern over all other portions of the
plans
· Specific notes shall govern over all other notes, and all other portions of
the plans, unless specifically stated otherwise
· Larger scale drawings shall govern over smaller scale drawings
· Figured or numerical dimensions shall govern over dimensions obtained
by scaling
· Where provisions of codes, manufacturer's specifications or industry
standards are in conflict, the more restrictive or higher quality shall govern
26.4 In the event omissions in the Contract Documents are not complete as to any
incidental detail of construction or construction system or with regard to the manner of
combining or installing equipment, parts, or materials, such detail shall be deemed to be an
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implied requirement of the Contract Documents. "Minor Detail" shall include the concept of
substantially identical components, where the price of each such component is small. The
quality and quantity of the equipment, material, or part so furnished shall conform to trade
standards and be compatible with the type, composition, strength, size and profile of the
equipment, materials or parts otherwise specified in the Contract Documents.
ARTICLE 27. NOTICES
Whenever either party desires to give written notice to the other, such must be addressed to the
party for whom it is intended at the place last specified; and the place for giving of notice shall
remain such until it shall have been changed by written notice given in accordance with the
provisions of this Article. Notice shall be deemed given on the date received or within 3 days of
mailing, if mailed through the United States Postal Service. Notice shall be deemed given on
the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service
upon the initial delivery date by the courier/delivery service. For the present, the parties
designate the following as the respective places for giving of notice:
To Contractor:
Eduardo Dominguez, PE, GC
Southeastern Engineering
Contractors, Inc.
12054 NW 98th Avenue
Hialeah Gardens, FL 33018
To City :
City Manager and City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, FL 33160
ARTICLE 28. INDEMNIFICATION
28.1 Contractor shall indemnify, defend and hold harmless the City, its officers, agents,
directors, and employees, from any and all claims, liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, and costs to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of Contractor and/or persons
employed or utilized by Contractor in the performance of this Agreement. Contractor's
obligations hereunder shall apply even if part of the damage or injury is caused by the City, its
officers, agents, directors, or employees. These indemnifications shall survive the term of this
Agreement. In the event that any action or proceeding is brought against the City by reason of
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any such claim or demand, Contractor shall, upon written notice from the City or its designee,
resist and defend such action or proceeding by counsel satisfactory to the City.
28.2 The indemnification provided above shall obligate Contractor to defend at its
own expense to and through appellate, supplemental or bankruptcy proceeding, or to
provide for such defense, at City's option, any and all claims of liability and all suits and actions
of every name and description covered by this Article, which may be brought against the
City whether performed by Contractor, or persons employed or utilized by Contractor.
28.3 This indemnity will survive the cancellation or expiration of this Agreement.
This indemnity will be interpreted under and construed to conform to the laws of the State of
Florida.
28.4 Contractor shall require all Sub-Contractor agreements to include a provision that they
will indemnify the City.
ARTICLE 29. INSURANCE REQUIREMENTS
29.1 Contractor shall not start Work under this Agreement until it has delivered to the City or
its designee certificates of insurance clearly indicating that the Contractor is in compliance with
the Insurance Requirements required under the Contract Documents.
29.2 Contractor shall maintain coverage with equal or better rating as required herein for
the term of this Agreement. Contractor shall provide written notice to the City Manager or its
designee of any material change, cancellation and/or notice of non-renewal of the insurance at
least 30 (thirty) days prior to the anticipated change or event. Contractor shall furnish a copy of
the insurance policy or policies upon request of the City or its designee.
29.3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to
the City or its designee within ten (10) days of written request. If the initial insurance expires
prior to the completion of the Work, renewal copies of policies shall be furnished at least thirty
(30) days prior to the date of their expiration.
29.4 The City or its designee reserves the right to require modifications, increases. or
changes in the Insurance Requirements, and shall provide a thirty (30) day written notice thereof
to the Contractor.
ARTICLE 30. PAYMENT AND PERFORMANCE BOND
30.1 Contractor shall not start Work under this Agreement until it has delivered to the City or
its designee a Performance Bond and a Payment Bond in accordance with the requirements
of the Contract Documents.
30.2 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, as may be
amended from time to time, Contractor shall ensure that the Bond(s) are recorded in the public
records of Miami-Dade County and provide the City or its designee with evidence of such
recording.
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ARTICLE 31. THE CITY'S RIGHT TO TERMINATE
31.1 The City has the right to terminate this Agreement for any reason or no reason, upon
ten (10) days prior written notice to the Contractor stating the date upon which Contractor shall
cease all Work under this Agreement and vacate the Project Site. Upon termination of this
Agreement, all charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under this Agreement, whether finished or not,
must be turned over to the City. The Contractor shall be paid in accordance with provisions of
this Agreement, provided that said documentation is turned over to the City or its designee
within twenty (20) business days of termination. Failure to timely deliver the
documentation shall be cause to withhold any payments due without recourse by Contractor
until all documentation is delivered to the City.
31.2 If Contractor fails to comply with any term or condition of this Agreement, or fails
to perform any of its obligations hereunder, then Contractor shall be in default. Upon
the occurrence of a default which is not cured within the Cure Period, in addition to all remedies
available to it by law, the City or its designee may immediately, upon written notice to
Contractor, terminate this Agreement whereupon all payments, advances, or other compensation
paid by the City to Contractor while Contractor was in default shall be immediately returned to
the City. The City or its designee may also suspend any payment or part thereof or order a Work
stoppage until such time as the issues concerning compliance are resolved. Contractor
understands and agrees that termination of this Agreement under this Article shall not release
Contractor from any obligation accruing prior to the effective date of termination.
31.3 In the event of termination due to default, in addition to the foregoing Contractor shall be
liable for all costs and expenses incurred by the City in the re-procurement of the Work under
this Agreement. In the event of Default, the City or its designee may also issue a Notice to Cure
and suspend or withhold payments to Contractor until such time as the actions giving rise to
default have been cured.
31.4 A finding of default and subsequent termination for cause may include, without
limitation, any of the following:
31.4.1 Contractor fails to obtain and deliver to the City or its designee the
Insurance certificates, the Bonds, and the Permits in the manner and
within the time herein required.
31.4.2 Contractor fails to comply with any of its duties under this Agreement,
with any terms or conditions set forth in this Agreement beyond the
specified period allowed to cure such default.
31.4.3 Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as
required by this Agreement.
31.5 Except as otherwise provided for in this Agreement, the City or its designee shall
provide Written Notice to Cure to Contractor as to a finding of default, and Contractor shall
take all necessary action to Cure said default within the Cure Period. The City or its
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designee may extend the Cure Period at its sole discretion or terminate the Agreement upon
failure of the Contractor to cure such default in the specified timeframe.
ARTICLE 32. CONTRACTOR'S RIGHT TO TERMINATE
32.1 Subject to the provisions of Section 32.2 below, the Contractor may terminate
this Agreement if the Work is stopped for any of the reasons listed below for a period of 60
days through no act or fault of the Contractor, his agents, employees, or other persons
performing any portion of the Work for the Contractor, or for the reason listed in section 32.1.3
below.
32.1.1 Issuance of an Order of the Court or other Public Authority having jurisdiction;
32.1.2 An act of government which results in a cession of Work on this Agreement;
32.1.3 Failure of the City to pay the Contractor any properly presented and authorized
payment within 30 days after approval and subsequent to an additional 30 days
after notification from the Contractor in writing of such failure.
32.2 Contractor shall provide written notice of its intent to terminate to the City and the City
shall have the right to cure the event giving rise to the right of termination within thirty (30) days
after receipt of Contractor's notice. The Contractor may extend the City's cure period at its sole
discretion or terminate the Agreement upon failure of the City to cure such event in the specified
timeframe. In such event the Contractor shall be entitled to recover from the City any costs for
work performed in accordance with the Agreement for which payment has not been made.
Contractor agrees that this is its exclusive remedy for the City's default or for the occurrence of
an event of termination and that the City shall not be liable to Contractor for any
consequential or special damages.
ARTICLE 33. UNDISCLOSED LOBBYIST OR AGENT - TERMINATION
Contractor warrants that it has not employed or retained any company or person to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. The City or its
designee shall have the right to terminate this Agreement, without giving Contractor the
opportunity to Cure, in the event of a breach of this provision.
ARTICLE 34. PUBLIC ENTITY CRIMES
In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to the City, may not submit a bid on a contract with the
City for the construction or repair of a public building or public work, may not submit bids on
leases of real property to the City, may not be awarded or perform work as a contractor, supplier,
subcontractor, or sub-consultant under a contract with the City, and may not transact any
business with the City in excess of certain amounts provided in Section 287.017, Florida
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Statutes. Violation of this section by Contractor shall result in termination of this Agreement and
may result in Contractor's debarment.
ARTICLE 35. MATERIALITY AND WAIVER OF BREACH
35.1 The City and Contractor agree that each requirement, duty, and obligation set forth in
these Contract Documents is substantial and important to the formation of this Agreement.
35.2 The City's or its designee's failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision or modification of this Agreement. A waiver of
any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
ARTICLE 36. FORCE MAJEURE
Should any party fail to perform its obligations under this Agreement due to a condition of force
majeure, as that term is interpreted under Florida law, and specifically including but not
limited to Acts of God, Hurricanes, Tropical Storms, fire, flood, earthquakes and the
unavailability of materials, equipment or labor resulting from said events, then the time for
performance of said obligation hereunder will be extended by a period reasonably commensurate
with the cause of such failure to perform or cure. If the Contractor is delayed in performing any
obligation under this Agreement due to a force majeure condition, the Contractor shall request a
time extension from the City within three (3) working days of said force majeure
occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for
any claim by the Contractor for extra compensation unless additional services are required.
Events of Force Majeure do not include acts or omissions of Sub- Contractors.
ARTICLE 37. MEDIATION AND ARBITRATION OF DISPUTES
The merits of any dispute arising under, out of, in connection with, or in relation to this
agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be
determined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to
the Commercial Arbitration Rules then obtaining of the American Arbitration
Association. If the parties hereto are unable to agree upon the selection of an arbitrator,
such arbitration shall be held before the American Arbitration Association. Any award
rendered shall be final and conclusive upon the parties hereto and a judgment thereon may be
entered in the highest court of the State of Florida having jurisdiction.
Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute
amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either
party may give notice for a Mediation session before a Mediator appointed by mutual
agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection
of a mediator, such mediation shall be held before the American Arbitration Association. The
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.
Mediator shall make a recommendation to the parties in the form of a written mediated
settlement agreement. Each party to the dispute shall sign such agreement after receipt of
the same or immediately file a demand for Arbitration, in which event the parties shall proceed
to Arbitration in accordance with the previous paragraph.
All costs of the Arbitration, including Mediation and the legal action to confirm and
enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both
parties shall be paid by the non-prevailing party, or, if neither party prevails on the whole, each
party shall be responsible for a portion of the costs of Arbitration and Mediation as may be
determined by the court on confirmation.
ARTICLE 38. APPLICABLE LAW AND VENUE OF LITIGATION
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement,
or arising out of this Agreement, shall be brought in Miami-Dade County, Florida. Each
party shall bear its own attorney's fees except in actions arising out of Contractor's duties to
indemnify the City under this Agreement where Contractor shall pay the City's reasonable
attorney's fees.
ARTICLE 39. PERMITS AND LICENSES ("PERMITS")
Except as otherwise provided within the Agreement, all permits and licenses required by
federal, state or local laws, rules and regulations necessary for the prosecution of the Work
undertaken by Contractor pursuant to this Agreement shall be secured and paid for by
Contractor. It is Contractor's responsibility to have and maintain appropriate Certificate(s) of
Competency, valid for the Work to be performed and valid for the jurisdiction in which the
Work is to be performed for all persons working on the Project for whom a Certificate of
Competency is required.
ARTICLE 40. AUDIT RIGHTS
40.1 Contractor's records which shall include but not be limited to accounting records,
payroll time sheets, cancelled payroll checks, W-2's, 1099's, written policies and procedures,
computer records, disks and software, videos, photographs, subcontract files, originals
estimates, estimating worksheets, correspondence, change order files (including documentation
covering negotiated settlements), and any other supporting evidence necessary to substantiate
charges related to this Agreement (all the foregoing hereinafter referred to as "records ") shall
be open to inspection and subject to audit and/or reproduction, during normal working
hours, by the City's agent or its authorized representative to the extent necessary to
adequately permit evaluation and verification of any invoices, payments or claims submitted by
the Contractor or any of his payees pursuant to the execution of the Agreement. Such records
subject to examination shall also include, but not be limited to, those records necessary to
evaluate and verify direct and indirect costs (including overhead allocations) as they may apply
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,
...
.
to costs associated with this Agreement.
40.2 Records subject to the provisions of Public Record Law, Florida Statutes Chapter
119, shall be kept in accordance with such statute. Otherwise, for the purpose of such
audits, inspections, examinations and evaluations, the City's agent or authorized representative
shall have access to said records from the effective date of this Agreement, for the duration
of the Work, and until 5 years after the date of final payment by the City to Contractor pursuant
to this Agreement.
40.3 The City's agent or its authorized representative shall have access to the Contractor's
facilities, shall have access to all necessary records, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with this provision. The City
or its authorized representative shall give auditees reasonable advance notice of intended
audits.
40.4 If an audit inspection or examination in accordance with this Article
discloses overcharges in excess of 1 % except negotiated fees by the Contractor to the City, the
actual cost of the City's audit shall be paid by the Contractor. If the audit discloses contract
billing or charges to which Contractor is not contractually entitled, Contractor shall pay over to
the City said sum within 20 days of receipt of a written demand unless otherwise agreed to
by both parties in writing.
ARTICLE 41. COMPLIANCE WITH LAWS. NONDISCRIMINATION. EQUAL
EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH DISABILITIES ACT
41.1 Contractor shall comply with all applicable laws, codes, ordinances, rules,
regulations and resolutions and all applicable guidelines and standards in performing
its duties, responsibilities, and obligations related to this Agreement, including specifically,
but without limitation, where applicable, the Contract Work Hours and Safety-Standards
Act, the Lead-Based Paint Poisoning Prevention Act and any other laws, ordinances and
regulations made applicable to this Agreement by the Contract Documents or the source of
funds.
41.2 Contractor warrants and represents that it does not and will not engage in discriminatory
practices and that there shall be no discrimination in connection with Contractors performance
under this Agreement on account of race, color, sex, religion, age, handicap, marital status or
national origin. Contractor further covenants that no otherwise qualified individual shall, solely
by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be
excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
41.3 Contractor shall affirmatively comply with all applicable provisions of the Americans
with Disabilities Act (ADA) in the course of providing any services funded by the City,
including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and
all applicable regulations, guidelines, and standards. In addition, Contractor shall take
affirmative steps to ensure nondiscrimination in employment against disabled persons.
41
.
~
.
ARTICLE 42. INDEPENDENT CONTRACTOR
Contractor is an independent contractor under this Agreement. Services provided by Contractor
or on Contractor's behalf pursuant to this Agreement shall be subject to the supervision of
Contractor. In providing such services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. Contractor further understands that Florida Workers'
Compensation benefits available to employees of the City are not available to Contractor, and
agrees to provide workers' compensation insurance for any employee, or entity working for the
Contractor rendering services to the City under this Agreement. This Agreement shall not
constitute or make the parties a partnership or joint venture.
ARTICLE 43. SUCCESSORS AND ASSIGNS
43.1 The performance of this Agreement shall not be transferred, pledged, sold, delegated or
assigned, in whole or in part, by the Contractor without the express written consent of the City. It
is understood that a sale of the majority of the stock or partnership shares of the Contractor, a
merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City
approval.
43.2 The Contractor's services are unique in nature and any transference without City
approval shall be cause for the City to nullify this Agreement. Any assignment without the
City's consent shall be null and void. The Contractor shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax
returns from any proposed assignee and the execution of an assignment/assumption
agreement in a form satisfactory to the City Attorney as a condition precedent to considering
approval of an assignment.
ARTICLE 44. CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and the Agreement is subject to amendment or termination
due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days
written notice.
ARTICLE 45. JOINT PREPARATION- INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their mutual
intent and no rule of strict construction shall be applied against either party hereto. The
headings contained in this Agreement are for reference purposes only and shall not affect in any
way the meaning or interpretation of this Agreement. All personal pronouns used in this
Agreement shall include the other gender, and the singular shall include the plural, and vice
42
.
versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder,"
and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, article,
paragraph, or section where they appear, unless the context otherwise requires. Whenever
reference is made to a Section or Article of this Agreement, such reference is to the Section or
Article as a whole, including all of the subsections of such Section or Article, unless the
reference is made to a particular subsection or subparagraph of such section or article.
ARTICLE 46. AMENDMENTS
No modification, amendment, or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document prepared with the same or similar formality as
this Agreement and executed by the City and Contractor.
ARTICLE 47. SEVERABILITY
In the event the any provision of this Agreement is determined by a Court of competent
jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be
excised from this Agreement, and the remainder of this Agreement shall continue in full force
and effect.
ARTICLE 48. ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated
agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements, written or oral. This Agreement may not be amended, changed,
modified, or otherwise altered in any respect, at any time after the execution hereof, except by a
written document executed with the same formality and equal dignity herewith. Waiver by either
party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any
other breach of any provision of this Agreement.
[remainder of this page intentionally left blank]
43
.
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Print Name
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Print Name
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CONTRACTOR
BY:
Name & Title
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.(;:~ ArL
. ~ ~: . Jane A. Hines, CMC, City Clerk
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. .
XPPROVED AS TO FORM AND
LEGAL S ICIENCY
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1'1
Addendum No. 1
CITY OF SUNNY ISLES BEACH
PROFESSIONAL CONSTRUCTION SERVICES FOR CENTRAL ISLAND EMERGENCY
OUTFALLSIMPROVEMENTS
CITY RFQ NO.1 0-08-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
~ Section 1.2 of the RFP Specifications has been amended as follows (deletions arc
in stricken, and additions are in red and underlined):
1.2 DESCRIPTION OF THE CENTRAL ISLAND EMERGENCY OUTF ALLS
IMPROVEMENTS. ESTIMATED BUDGET. AND DEADLINE FOR
COMPLETION
The Central Island Emergency Outfalls Impro'lements is related to the City's Central Island
Drainage project, consisting of a stormwater drainagc and street improvement project in the area
north of 171tft Street, south of 183m Street and '.vest of Collins ^ venue (the "Central Island
area"). The Central Island Emergency Outfalls Improvements entails impro','ements to the
existing storm'Nater management system, consisting of five PDEP previously permitted drainage
wells providing three new emergency outfalls and re establishing an existing outfall. Thc
proposed project consists of installing three new 24 inch outfalls and re establishing an existing
16 inch outfall in connection to the existing storm'.vater management system and discharging to
Dumfoundling Bay.
The City of Sunny Isles Beach (the "City") intends to enter into an aqreement with the
successful Proposer to perform Central Island Emeraencv Outfalls Improvements in the
City of Sunny Isles Beach. Florida. The proiect is located on North Bav Road between
179th Drive and 180th Drive in the City. The proposed proiect consists of installinq a
new 24-inch outfall, trench drain. catch basin and connectinq pjpinq.
Attachment "A"
Proposer submitting bids on this project are expected to familiarize themselves with the DERM
approved drawings, attached hereto. The estimated construction budget for the Central Island
Emergency Outfalls Improvements project is $50,000.00 (fifty thousand dollars). The successful
Proposer shall achieve substantial completion of the work described herein no later than 60
(sixty) days from the issuance of a Notice to Proceed from the City.
As a result of this amendment, the RFP opening date has changed from Wednesday,
September 15, 2010 to Friday, September 24, 2010 at 10:00 a.m.
END OF SECTION
.
CITY OF SUNNY ISLES BEACH, FLORIDA
REQUEST FOR PROPOSALS NO. 10-08-01
CENTRAL ISLAND EMERGENCY OUTFALLS IMPROVEMENTS
1.1 INTRODUCTION
Pursuant to Chapter 62 of the City Code, the City of Sunny Isles Beach, Florida, (the "City") a
municipality located in Miami-Dade County, Florida, requests qualified construction service
contractors ("contractors") to submit proposals to perform Central Island Emergency Outfalls
Improvements in the City.
1.2 DESCRIPTION OF THE CENTRAL ISLAND EMERGENCY OUTFALLS
IMPROVEMENTS. ESTIMATED BUDGET. AND DEADLINE FOR
COMPLETION
The Central Island Emergency Outfalls Improvements is related to the City's Central Island
Drainage project, consisting of a stormwater drainage and street improvement project in the area
north of 174th Street, south of 183m Street and west of Collins Avenue (the "Central Island
area"). The Central Island Emergency Outfalls Improvements entails improvements to the
existing stormwater management system, consisting of five FDEP previously permitted drainage
wells providing three new emergency outfalls and re-establishing an existing outfall. The
proposed project consists of installing three new 24-inch outfalls and re-establishing an existing
16-inch outfall in connection to the existing stormwater management system and discharging to
Durnfoundling Bay.
Proposer submitting bids on this project are expected to familiarize themselves with the DERM
approved drawings, attached hereto. The estimated construction budget for the Central Island
Emergency Outfalls Improvements project is $50,000.00 (fifty thousand dollars). The successful
Proposer shall achieve substantial completion of the work described herein no later than 60
(sixty) days from the issuance of a Notice to Proceed from the City.
1.3 SUBMISSION DATE
Submittals must be received by the City Clerk's Office no later than Wednesday, September
15, 2010, at 10:00 a.m., at the Sunny Isles Beach Government Center, Attn: City Clerk, First
Floor Meeting Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. One (1) original,
and four (4) copies of the completed and executed Submission must be delivered by this
deadline. Submittals will be opened publicly and read aloud at this time. The City reserves the
right to accept or not accept late submitted bids based on the sole discretion of the City Manager
or his designee. The envelope containing the sealed Submission must be clearly marked as
follows:
5
\.
"SEALED BID"
RFP # 10-08-01 PROFESSIONAL CONSTRUCTION SERVICES
FOR THE CENTRAL ISLAND EMERGENCY OUTF ALLS IMPROVEMENTS
OPENING DATE AND TIME: WEDNESDAY, SEPTEMBER 15, 2010 AT 10:00 A.M.
1.4 SUBMITTAL REomREMENTS
All submittals by contractors shall contain no more than fifteen (15) pages specifically
addressing the following issues. Item numbers 9 and 10 below will not be considered a part of
the fifteen (15) pages. Any contractor wishing to provide the services described in Section 1.2
above must submit one (1) original and four (4) additional complete copies that include, at a
minimum, the following documentation:
1. Name, address and company, including, but not limited to, a business overview, financial
state of the business, annual revenue for past two years, and names and addresses of
persons having financial interest in the firm.
2. Provide a narrative description of current and previous experience on a project similar to
the Central Island Emergency OutfaUs Improvements project described in this RFP.
3. A list of all projects (including government projects) completed or in process for the past
five (5) years, and a corresponding list of client references with contact names and
telephone numbers.
4. Proof of authorization to transact business in Florida from the Florida Secretary of State,
from the prime as well as supporting firms.
5. The name, title, qualifications, experience, and all contact information of the proposed
contact person and proposed personnel to be assigned to this project.
6. Provide a detailed description of the Proposer's procedures for coordinating the Central
Island Emergency Outfalls Improvements project, including the project implementation
schedule, identifying events and the estimated number of calendar days to achieve
completion.
7. Provide a detailed financial cost breakdown of the total cost involved in completing the
Central Island Emergency Outfalls Improvements project described in this RFP.
8. Provide documentation demonstrating Proposer's fmancial strength and fmandal capability to
provide the construction services in this RFP. Such documentation should include Proposer's
most recent certified fmancial statements as of a date not earlier than the end of the Proposer's
preceding official tax accounting period, with a statement in writing, signed by a duly authorized
representative, stating that the present fmancial condition is materially the same as that shown on
the balance sheet and income statement submitted, or with an explanation for a material change
6
~
in the fmanciaI condition. If certified fmandaI statements are not available, provide latest
available fmandaI statements (balance sheet and income statement) and letters of credit
availability from accredited fmanciaI institutions, or other relevant documentation.
9. Sworn statement pursuant to Section 287.133(3)(A), Florida Statutes, on Public Entity
Crime, a copy of which is attached hereto.
10. Non-collusive Affidavit, a copy of which is attached hereto.
1.5 LIABILITY INSURANCE
Contractor shall, at its sole cost and expense, during the period of any work being performed
under this Agreement, procure and maintain the following minimum insurance coverage to
protect the City and Contractor against all loss, claims, damage and liabilities caused by
Contractor, its agents, sub- Contractors or employees, as indicated below:
D Comprehensive General Liability ("CGL") insurance, with minimum limits of
One Million Dollars ($1,000,000) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability, and Two Million Dollars
($2,000,000) 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:
· CGL Required Endorsements include the following:
I. Employees included as insured
II. Independent Contractor's Coverage
III. Contractual Liability
IV. Waiver of Subrogation
V. Premises and/or Operations
VI. Explosion, Collapse and Underground Hazards
VII. Loading and Unloading
VIII. Mobile Equipment (Contractor's Equipment) whether owned,
leased, borrowed or rented by Contractor or employees of
Contractor
City is to be expressly included as an Additional Insured with respect to
liability arising out of operations performed for City by or on behalf of
Contractor or acts or omissions of Contractor in connection with general
supervision of such operation.
D Worker's Compensation, as required by law, but with no less than $1,000,000 for
Employer's Liability.
D Business Automobile Liability which shall include coverage for all owned, non-
owned and hired vehicles for minimum limits of not less than One Million Dollars
7
($1,000,000) per occurrence, One Million Dollars ($1,000,000) per accident for
bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for
property damage.
o Professional Errors and Omissions Liability in the amount of One Million Dollars
($1,000,000) per occurrence for Professional Design.
Insurance required of the Contractor shall be primary to, and not contribute with, any insurance
or self-insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The
insurance policy(ies) shall be issued by companies authorized to do business under the laws of
the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent.
Before any work under this Agreement is performed, and at any time upon request,
Contractor shall furnish to the City certificates of insurance evidencing the minimum
required coverage and shall be appropriately endorsed for contractual liability, with the
City named as additional insured. All policies shall contain a waiver of subrogation
endorsement. All policies and certificates shall be in forms and issued by insurance companies
acceptable to the City's Risk Management Department. All insurance policies and certificates of
insurance shall provide that the policies may not be canceled or altered without thirty (30) days
prior written notice to the City. The City reserves the right from time to time to change the
insurance coverage and limits of liability required to be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its sub- Contractors providing services
hereunder (if any) procures and maintains, until the completion of the services, insurance of the
types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQillREMENTS IN THIS SECTION
MUST BE APPROVED IN WRITING BY THE CITY.
1.6 PERFORMANCE AND PAYMENT BONDS
Proposer shall, at its sole cost and expense, during the period of any work being performed under
this Agreement, procure and maintain performance and payment bonds each equal to 100% of
the Contract Amount awarded to the successful Proposer. The Performance and Payment Bonds
must be written by a Surety licensed to do business in the State of Florida and otherwise
acceptable to the City of Sunny Isles Beach. As per Florida Statute Section 255.05, the Proposer
shall be required to record the Performance and Payment Bonds in the public records of Miami-
Dade County.
1.7 BIDBOND
Each Bid shall be required to be accompanied by a Bid Bond, duly executed by the Proposer as
principal and having as surety thereon a surety company licensed to do business in the State of
Florida, satisfactory and payable to the City of Sunny Isles Beach, Florida, and listed in the
latest issue of U.S. Treasury Circular 570, in the amount of 5 % (five percent) of the Proposal.
8
1.8 ADDITIONAL INFORMATION OR CLARIFICATION
Requests for additional information or clarifications must be made in writing and received by
Jorge L. Vera, Assistant City Manager, as specified in the Public Notice section of this RFP, in
accordance with the deadline for receipt of questions also specified in the Public Section of this
RFP. The request for additional information and clarification must contain the RFP number and
title, contractor's name, name of contractor's contact person, address, phone number, and
facsimile number.
Electronic facsimile requesting additional information must be received by Jorge L. Vera,
Assistant City Manager, for this RFP at the fax number (305) 792-1561. Facsimiles must have a
cover sheet which includes, at a minimum, the contractor's name, name of contractor's contact
person, address, number of pages transmitted, phone number, facsimile number, and RFP
number and title.
The City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the Submission deadline. Contractors should not
rely on any representations, statements or explanations other than those made in this RFP or in
any written addendum to this RFP. Where there appears to be conflict between the RFP and any
addenda issued, the last addendum issued shall prevail.
1.9 SELECTION. AWARD. AND PROTEST PROCEDURES
The City will select the contractor the City determines to be the lowest responsible, responsive
contractor ("Successful Contractor") whose proposal represents the best value to, and is in the
best interests of, the City. The City will act, at its sole discretion, in what it considers to be the
best value and best interest of the City. The City will evaluate the comparable experience,
capability, project management, workload, financial strength, and other factors the City deems
pertinent and will select the firm that it deems to be lowest responsible, responsive contractor.
The City will determine the lowest responsible, responsive contractor in accordance with the
criteria set forth in Section 62-8 of the City Code.
Any protests or objections to the City's Request for Proposal, select of the Successful Contractor,
and/or Contractor award process must be submitted in writing in accordance with Section 62-15
of the City Code. If the City and Successful Contractor are unable to negotiate a mutually
acceptable contract, the City may terminate the contract negotiations and begin negotiations with
the other qualified firms. This process may continue until a contract has been executed or all
Submissions have been rejected. No contractor shall have any rights in the subject project or
against the City arising from such negotiations.
1.10 CONTRACT EXECUTION
A contract will be negotiated and executed between the Successful Contractor and the City in
substantially the same form as the attached Agreement. The successful operation of this contract
requires that the Successful Contractor and the City agree to act in good faith in all matters
relating to carrying out the project and the interpretation of the contract documents.
9
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1.11 UNAUTHORIZED WORK
The Successful Contractor shall not begin work until a Notice to Proceed is received. The
Notice to Proceed shall specify the period of time allotted for the completion of the work.
1.12 INSTRUCTIONS
Careful attention must be given to all requested items contained in this RFP. Contractors are
invited to submit Submissions in accordance with the requirements of this RFP. PLEASE
READ THE ENTIRE SOLICITATION BEFORE SUBMITTING A SUBMITTAL.
Contractors shall make the necessary entry in all blanks provided for the responses.
The entire set of documents, together with all attachments hereto, constitutes the RFP. The
contractor must return these documents with all information necessary for the City to properly
analyze contractor's response in total and in the same order in which it was issued. Contractor's
notes, exceptions, and comments may be rendered on an attachment, provided the same format
of this RFP text is followed. All responses to this RFP shall be returned in a sealed envelope or
package with the RFP number and opening date clearly noted on the outside of the envelope.
Contractors must provide a response to each requirement of the RFP. Responses should be
prepared in a concise manner with an emphasis on completeness and clarity.
1.13 CHANGESI AL TERA TIONS
Contractor may change or withdraw a response at anytime prior to the submission deadline;
however, no oral modifications will be allowed. Written modifications shall not be allowed
following the submission deadline.
1.14 SUB-CONTRACTOR(S)
A Sub-Contractor is an individual or firm contracted by the contractor or contractor's firm to
assist in the performance of services required under this RFP. A Sub-Contractor shall be paid
through the contractor or contractor's firm and shall not be paid directly by the City. Sub-
Contractors are allowed by the City in the performance of the services delineated within this
RFP. However, the contractor must clearly reflect in its Submission that major Sub-Contractors
to be utilized in the performance of the required services. The City retains the right to accept or
reject any Sub-Contractors proposed in the response of Successful Contractor or at anytime prior
to contract execution. Any and all liabilities regarding the use of a Sub-Contractor shall be borne
solely by the Successful Contractor and insurance for each Sub-Contractor must be maintained in
good standing. Neither Successful Contractor nor any of its Sub-Contractors are considered to
be employees or agents of the City. Failure to list all Sub-Contractor(s) and provide the required
information may disqualify any proposed Sub-Contractors from performing work under this
RFP. Contractors shall include in their responses to this RFP the requested Sub-Contractor
information and include all relevant information required of the contractor. In addition, within
five (5) working days after the identification of the award to the Successful Contractor, the
Successful Contractor shall provide a list confirming the Sub-Contractors that the Successful
Contractor intends to utilize in the contract, if applicable. The list shall include, at a minimum,
10
.....
the name, location of the place of business of each Sub-Contractor, the services Sub-Contractor
will provide relative to any contract that may result from this RFP, as well as any applicable
licenses, references, ownership, and other information required of Contractor.
1.15 DISCREPANCIES. ERRORS. AND OMISSIONS
Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in
writing to Jorge L. Vera, Assistant City Manager, in the Public Notice specified in this RFP.
Should it be necessary, a written addendum will be incorporated to the RFP. The City will not
be responsible for any oral instructions, clarifications, or other communications.
1.16 DISQUALIFICATION
The City reserves the right to disqualify responses before or after the submission deadline, upon
evidence of collusion with intent to defraud or other illegal practices on the part of the
contractor. The City also reserves the right to waive any immaterial defect or informality in any
responses to this RFP; to reject any or all responses in whole or in part; or to reissue an RFP for
the services described herein.
1.17 SUBMISSION RECEIPT
Sealed responses will be accepted in accordance with the instructions detailed on the cover of
this RFP. The contractor shall file all documents necessary to support its response and shall
include them with its Submission. Contractor shall be responsible for the actual delivery of
responses during business hours to the exact address indicated in this RFP. The City reserves the
right to accept or not accept late submitted bids in the sole discretion of the City Manager or his
designee.
1.18 CAPIT AL EXPENDITURES
The Successful Contractor understands that any capital expenditures that the Successful
Contractor makes, in order to perform the services required in this RFP, is a business risk which
the Successful Contractor may include in its proposed price. The City, however, is not and shall
not payor reimburse any capital expenditures or any other expenses, incurred by any Contractor,
in anticipation neither of a contract award nor to maintain the approved status of the Successful
Contractor if a contract is awarded.
1.19 WORK RESTRICTIONS
Work shall be performed at the project site during normal business working hours from 7 AM.
to 5 P.M. Monday through Friday, and Saturday from 9 AM. to 5 P.M. except as otherwise
approved by the City.
11
d
1.20 RESERV ATION OF RIGHTS
While pursuing this RFP process, the City reserves the right to:
. Accept any or all responses, and the right, in its sole discretion, to accept the contractor
who will best serve the interests of, and represent the best value to, the City in conformity
with the criteria set forth in Section 62-8 of the City Code.
· Reject any and all qualifications and to seek new qualifications when such a procedure is
reasonably in the best interest of the City.
. Investigate the financial capability, integrity, experience, and quality of performance of
each contractor, including officers, principals, senior management, and supervisors, as
well as staff identified in the response to RFP.
· Investigate the contractor's qualifications or any of its agents, as it deems appropriate
. Conduct personal interviews of any or all prospective contractors prior to selection (the
City shall not be liable for any costs incurred by the contractor in connection with such
interviews).
. Waive any of the conditions or criteria set forth in this RFP.
. The City reserves the right on any advertised selection process to decide whether to select
a firm based on the proposals received or whether to hold interviews with the firms the
City deems best qualified for this project.
1.21 ADDITIONAL INFORMATION
. The Submission must clearly be marked on the front of the envelope:
"SEALED BID"
RFP #10-08-01 PROFESSIONAL CONSTRUCTION SERVICES FOR THE CENTRAL
ISLAND EMERGENCY OUTFALLS IMPROVEMENTS PROJECT
OPENING DATE AND TIME: WEDNESDAY, SEPTEMBER 15,2010 AT 10:00 A.M.
· Questions regarding this RFP must be directed, no later than seven (7) calendar days
before the opening of the RFP, to:
Jorge Vera
Assistant City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 792-1912
Email: JVera@sibfl.net
· Responses to this RFP must be delivered by the stated deadline to:
Attn: Jane A. Hines, CMC
City Clerk
12
.~
Sunny Isles Beach Government Center
18070 Collins Avenue
First Floor Conference Room
Sunny Isles Beach, FL 33160
· The opening of the Submissions will be in the First Floor Conference Room, 18070
Collins Avenue, Sunny Isles Beach, Florida 33160 at the stated time.
. Submissions will be opened publicly and read aloud at this time.
. The City is under no obligation to return the Submissions.
· The City will not be liable for any cost incurred in the preparation of the response to RFP.
. The Submissions shall be prima facie evidence that the contractor has full knowledge of
the scope, nature, quantity and quality of work to be performed; the detailed requirements
of the specifications; and the conditions under which the work is to be performed.
. The contractors shall furnish the City with such additional information as the City may
reasonably require.
. Under no circumstance should any prospective contractor or anyone acting on their
behalf, seek to influence or to gain the support of any member of the City Commission or
City Staff favorable to the interest of the prospective contractor. Likewise, contact with
the City Commission or City Staff against the interest of other prospective contractors is
prohibited. Any such activities may result in the exclusion of the prospective contractor
from consideration by the City.
1.22 EXHIBITS
The Exhibits to this RFP are as follows:
Exhibit "A" Public Entity Crime Affidavit
Exhibit "B" Non-Collusive Affidavit
Exhibit "C" Agreement between the City and the successful contractor
Exhibit "D" DERM approved drawings prepared by Beiswenger, Hoch & Assoc.
13
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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.
1. This sworn statement is submitted
to Crt-'1 a\- ~::>..)..,\'\I... ~s,.if3> DeVoe\"-"
, \
~ r\( ...}f-r.......0+e ::~. .. ",,"'" ""-_~ ~
by .;>...~,~ I';i?~, m ~'i:::llnge,l:1t1 van..! =~ !~
for .f \(~c,.:::;;; (\ f\GJ; Gr.,;.--\ (,iJ('~i ('''1 s.: .... i.ti(p\ (~ (C'JI \;:::ji 1dn\.,~ \';:.'1'1 ~ ,"<,;'('V,(L' Ct, t~\\
\ - . ' .) I
j. \"'1. \' r.:; .1-2 v"""......\"'-
whose business address is
,:';:'C6i I{Vl ~81r, ,~titm",~, '-)!;'..Jt4'1 G.-:{t~&~",>, ,Ct ~(n~
and (if applicable) its Federal Employer Identification Number (FEIN)
5q' '- '24'2 CSS 50
(If the entity had no FEIN, include the Social Security Number of the individual signing this
sworn statement:
2. I understand that a "public entity crime" as defined in Paragraph 287. 133(l)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with an agency or political
subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(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 1, 1989, as a result of a jury verdict, non jury trial, or
entry of a plea of guilty or nolo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287 . 133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the
. entity and who has been convicted of a public entity come. 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 another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
Exhibit "A"
14
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 applies to bid 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 tenn "person" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active
in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in a
relation to the entity submitting this sworn statement. (Please indicate which one (1) of the
~lowing three (3) statements is applicable.)
-I- (1) 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, or any affiliate of the entity has been charged with and convicted of
a public entity crime within the past 36 months.
_(2) 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 any affiliate of the entity has been charged with and convicted of
a public entity crime within the past 36 months.
_(3) 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 agents who are active in management of the entity, or any affiliate
of the entity has been charged with and convicted of a public entity crime within the past 36
months. However, there has been a subsequent proceeding before a Hearing Officers of the
State of Florida, Division of Administrative Hearings and the Final Order by the Hearing
Officer determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list. (Attached is a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE
PERIOD OF THE CONTRACT ENTERED INTO , WHICHEVER PERIOD IS LONGER. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR THE
ifJa2 OF ANY CHANGE m THE mFORMA:O:O:!~'J::NED m TH~
. SIGNA~ (Printed or Typed Legal Name of Affiant)
15
State of Florida of County of Miami-Dade)
t" r--,
Sworn to and subscribed before me this o\--~
- . ------ .
tel. L)-.:.:,/Y\\ \/\O,\)~ 7_
day of
~~L.
,2010 by
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Notary Seal;
........ ZOE SANTEIRO l' ---',---:-::"
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~!t!''Ji.~~ MY COMMISSION # 00969694 "-(jk/ / 1
:.,:.~.~: EXPIRES March 09. 2014 ., .....---: .~' ,
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(407) 396-0153
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Notary's Name Printed, Stamped or Typed
Personally Known: /" or Produced Identification
Identification Produced
16
NON-COLLUSIVE AFFIDA VIT
State of Florida )
)ss
County of Miami-Dade)
~,-.; ry,'
;'i,! ;..iOEwflgue:1:
being first duly sworn, deposes and
says that:
(1) Helshe is the (Owner, Partner, Officer, Representative, or Agent) of the Bidder that has
submitted the attached Bid;
(2) He/she is fully informed respecting the preparation and contents of the attached Bid and
of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded,
conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or
person to submit a collusive or sham Bid in connection with the Work for which the
attached Bid has been submitted; or to refrain from bidding in connection with such
Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or
communication, or conference with any Bidder, firm, or person to fix the price or prices
in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements
of the Bid price or the Bid price of any other Bidder, or to secure through any collusion,
conspiracy, connivance, or unlawful agreement any advantage against the City of Sunny
Isles Beach, or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder
or any other of its agents, representatives, owners, employees or parties in interest,
including this affiant.
Exhibit "B"
17
FURTHER, AFFIANT SAYETH NAUGHT.
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~"..J'I.. ,.",.-~~,., ,-, '~.' , ~_., .", ven or
President/Owner
Sworn to and subscribed before me thisO-?:' day of ~ p\.- . .2010,
by I:: r~ .~(Yl1 v'lC, LifL.. (President/Owner) of
. 0
~U~hfQ<;'~VVI f~~IV:<.f(IV1(~Q\'{~U.~~\~hO is(pe;'so;'aIIYk~~;;'~)o me or has produced a
~.._,..~-~-_.
as identification.
0""',,-/"
ZOE SANTEIRO
N # 00969694
EXPIRES March 09. 2014
FloridaNolaryServlce.com
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My Commission No.:DD<==i <oy ~ it
18
Southeastern
Engineering
Contractors, Inc.
12054 NW 98th Avenue
Hialeah Gardens, FL. 33018
Tel: 305-557-4226 Fax: 305-557-8568
PROFESSIONAL CONSTRUCTION SERVICES FOR CENTRAL ISLAND
EMERGENCY OUTFALLS IMPROVEMENT
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
Date: SEPTEMBER 24, 2010
TABLE OF CONTENS
1-Company Information
2-Narrative description of current and previous experience
3-List of Projects
4-Proof of authorization to transact in Florida
5-Name, title, qualifications, experience and contact information of proposed personal to be assigned to
this Project
6-Schedule and estimated number of calendar days
7-Detailed financial cost breakdown
8-Sworn statement pursuant to Section 287.133(3)(A), Florida Statutes
9-Non-collusive Affidavit
DESCRIPTION OF CURRENT AND PREVIOUS EXPERIENCE ON A PROJECT SIMILAR TO THE
CENTRAL ISLAND EMERGENCY OUTFALL IMPROVEMENT PROJECT
City of Sunny Isles Beach
City of Miami
City of Hialeah
Town of Golden Beach
Town of Bay Harbor Islands
Drainage & Street Improvements
This Project is located along the north end by NE 182rd Street, along the
south by NE 174th Street and the Dumfoundling Bay and Collins Ave.
along the west and east respectively.
The Project consist of the following: Milling and resurfacing, pavement
reconstruction of all the local streets. Design and construction of a new
storm sewer system and Establishing a network of drainage deep wells
for discharge of the storm water runoff.
Fairlawn Storm Sewer Improvement Phase III
Project B-50704
The location of the Project is in the boundary of West Flagler Street and
SW 8th ST between SW 56th Ave. and SW 4ih Ave and West Flagler St
and NW 5th ST between NW 52 Ave. and NW 50th Ave.
The scope of work includes construction of new storm drain that
connects to an existing drainage, roadway milling and resurfacing, ADA
ramps installation and damaged sidewalk replacement, re-grade and/or
reconstruct swale areas to street blocks impacted by drainage
improvements activities
East 4th Avenue-from E 25th ST to East 32nd ST
This Project is located at East 4th Avenue-from E 25th ST to East 32nd ST
The Project consist of the complete reconstruction of East 4th Ave.,
including new sidewalk, curb and gutter and drainage improvements
consisting of new draining inlets, 18" storm sewer cross drainage pipe,
and Exfiltration trench (French-drain). Also proposed in the project
scope are pavement milling and resurfacing.
Golden Beach Drive Streetscape Improvements, Town-wide storm water
improvements, water improvements, water main reconstruction and
underground conversion of utilities.
Work for this contract include: Golden Beach Drive Streetscape (re-
alignment of road, new concrete curb and gutter, 7 ft wide sidewalk,
landscaping improvement, irrigation, and relocation of existing street
lights); Town-wide storm water drainage improvements(installation
of structures and construction of pump station and outfalls to intra-
costal); Town wide replacement of water main with new 8" D.I.P.
water-main and conduit installation for undergrounding of utilities
(FPL, AT & T, and Atlantic Broad Band.)
Community Enhancement PH-3 Utility Improvements
Work for this contract include all items necessary for the construction of
new water main and services in existing roadways, including saw-cut
the road before excavating trenches for pipes and shall be responsible
for temporary restoration of the asphalt surfaces and final restoration.
. ..... .
- . .
.. .
. . .. ..
'" 0"' . ..
'.;PR,EVlqUS EXPERIEN.~.E.
PROJECTS COMPLETED (LAST 5 YEARS) (fully bonded)
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Central Island Drainage & Street Improvements
$6,646,141,00
Unit Prices
City of Sunny Isles
Mr. Rick Conner, City Manager, 786-208-3498
February 2010.
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Belen Pump Stations
$6,391,000,00
Unit Prices
Miami Dade County, Public Works Dept.
Mr, Antonio Cotarello, P.E., Div. Chief 305-375-2116
December 2009
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Basin 21 Drainage Improvements and Pump Station
$2,600,000.00
Unit Prices
Miami Dade County, Public Works Dept.
Mr. Antonio Cotarello, P.E., Div. Chief 305-375-2116
September 2009
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
District 3 Roadway Improvements
$1,505,100,00
Unit Prices
City of Miami
Mr. ala A. Aluko, Director CIP, 305-416-1280
March 2009
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
NE 1ih Ave Roadway Improvements
$810,474,00
Unit Prices
City of North Miami
Mr. Aleem Ghany, P.E., 786-586-7141
February 2009
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
NW 62nd Street Roadways Improvements
$6,378,000.00
Unit Prices
Miami Dade County, Public Works Dept.
Mr. Antonio Cotarello, P.E. Div. Chief 305-375-2116
December 2008
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Downtown Beautification Project
$1,295,000.00
Job Order Contract
City of Miami
Mr, ala A. Aluko, Director CIP, 305-416-1280
December 2008
2
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..--..
",PREVIOUS EXPERIENCE,...
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Hanford Blvd Streetscape
$8,100,000,00
Unit Prices
City of North Miami Beach
Mr, Hiep Huynh, P,E, City Engineer, 305-948-2925
August 2008
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Canal 13 Control Structure
$1,037,046,00
Unit Prices
South Broward Drainage District
Mr. Leo Schwartzberg, P.E. Director, 954-680-3337
July 2008
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Buena Vista Phase I, II, III, Paving & Drainage
$3,010,111.00
Job Order Contract
City of Miami
Mr. Ola A. Aluko, Director CIP, 305-416-1280
June 2008
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
54" dia. Force Main, Microtunnellnstallation at NW 62nd Street
$1,995,925.00
Unit Prices
Miami Dade Water & Sewer
Mr. Nelson Cespedes, Project Manager, 305-607-0799
February 2008
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
NE 4th Street Streetscape
$1,007,000.00
Job Order Contract
City of Miami
Mr. Mr. ala A. Aluko, Director CIP, 305-416-1280
December 2007
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Ponce de Leon Boulevard Median Improvements
$.1,800,374.00
Unit Prices
City of Coral Gables, Public Works Dept.
Mr, Alberto Delgado, P.E., Director, 305-460-5001
June 2006
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
S-718, 8" Water Main Installation
$643,000,00
Unit Prices
Miami Dade Water & Sewer
Mr. Nelson Cespedes, Project Manager, 305-607-0799
March 2006
3
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',PREVIOUS EXPERIENC~,
-
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Arch Creek Pump Stations & Drainage Improvements
$4,869,000,00
Unit Prices
Miami Dade County, Public Works Dept.
Mr. Pedro Marzan, Project Manager, 305-281-9062
December 2005
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
20 inch Transmission Main at Strand Ave Bridge
$342,000,00
Unit Prices
City of North Miami Beach
Mr. Hiep Huynh, P.E., City Engineer, 305-948-2925
May 2005
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
24",36",42",48" dia. Water Mains Installation, S-746A & S-746B
$2,657,000,00
Unit Prices
Miami Dade Water & Sewer
Mr. Humberto Codispoti, P.E. , Assist. Director, 305-790-0235
March 2005
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Corona del Mar Roadway Improvements
$1,319,830.00
Unit Prices
City of North Miami Beach
Mr. Hiep Huynh, P.E., City Engineer, 305-948-2925
February 2005
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Paving & Drainage County Wide (FEMA)
$8,000,000.00
Unit Prices
DERM,Miami Dade County
Mr, Eduardo Vega, P.E. Assistant Director, 786-552-8571
January 2005
NW 11 oth Street Improvements
$2,840,000.00
Unit Prices
Miami Dade County Public Works Dept.
Mr. Antonio Cotarello, P.E. Div. Chief, 305-375-2116
August 2004
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
Project Title:
Contract Amount:
Type of Contract:
Client:
Client's Rep:
Completion Date:
NE 6th Ave Improvements
$3,458,000,00
Unit Prices
City of Pompano Beach
Mr. Randall Fowler, P.E" City Engineer, 954-786-4144
August 2004
4
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ENGINEERING COffTRACrO/J~ /Nt
PROJECTS UNDER CONSTRUCTION
(Fully Bonded)
Project title: Capital Improvement Project
Type of Construction: Roadway, Drainage, Pump Station
Contract Amount: $13,926,071.00
Type of Contract: Unit Prices
Client: City of Golden Beach
Client's Rep: Mr, Ramon Castella, P,E., 305-445-2900
Completion Date: Dec, 2010
Project title: Transfer Pump Station, Contract No, S-806
Type of Construction: Pump Station
Contract Amount: $28,305,698,00
Type of Contract: Unit Prices
Client: Miami Dade Water & Sewer Department
Client's Rep: MS.Alma Santiago, P.E., 786-552-8150
Completion Date: Jan, 2012
Project title: Roadway Improvements East 4th Ave, Hialeah
Type of Construction: Roadway, Drainage
Contract Amount: $917,112,57
Type of Contract: Unit Prices
Client: City of Hialeah
Client's Rep: Mr. Jose Sanchez, Streets Engineer, 305-687-2611
Completion Date: July 2010
Project title: 4" Force Main Installation
Type of Construction: Force Main
Contract Amount: $134,879.39
Type of Contract: Unit Prices
Client: City of Plantation
Client's Rep: Mr. John Adams, Utilities Project Specialist, 954-865-8296
Completion Date: Sept 2010
Project title: Fairlawn Storm Sewer Improvements
Type of Construction: Roadway, Drainage
Contract Amount: $3,555,455.73
Type of Contract: Unit Prices
Client: City of Miami
Client's Rep: Mr. Ola A. Aluko, Director CIP, 305-416-1280
Completion Date: April 2011
fl
i
i
PROJECTS UNDER CONSTRUCTION
(Fully Bonded)
Project title: NE 172 Street / NE 170 Street Improvements
Type of Construction: Storm Sewer Pump Station
Contract Amount: $1,394,000.00
Type of Contract: Unit Prices
Client: City of North Miami Beach
Client's Rep: Mr. Hiep Huynh, P.E. City Engineer, 305-948-2925
Completion Date: April 2011
Project title: Utilities Improvements Phase III
Type of Construction: Water Main Installation
Contract Amount: $1,161,000
Type of Contract: Unit Prices
Client: Town of Bay Harbor
Client's Rep: Mr. Randy Daniel, P.E., Town Engineer
Completion Date: July 2011
j~ ~fJthgaIfern
~ ENGINEERING COffTRACTonS,/NC
. .... . .....
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City of North Miami
17050 NW 19th Avenue
North Miami Beach, Florida 33162
Hiep Huynh, City Engineer
(305) 336-9924
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Rick Connor, City Manager
(305) 792-1928
Miami Dade County Water & Sewer
111 NW 1 Street
Miami, Florida 33128
Eduardo Vega, PE, Assistant Director
(305) 375-2960
City of North Miami
1815 NE 150lh Street
North Miami, Florida 33181
Aleem A. Ghany, PE, Public Works Director
(305) 895-9833
FIRM.REFEBENCES
~!i!!R~G~O~!~S~I~
-
Florida Department. of Transportation
CHARLIE CRIST
GOVERNOR
605 Suwannee Street
Tallahassee, FL 32399-0450
STEPHANIE C:KOPELOUSOS
SECRETARY
July 2, 2010
SOUTHEA$TERN ENGINEERING CONTRACTORS, INC.
12054 NW' 98TH AVE .
HIALEAH GARDENS FL 33018
*REVISED*
RE: CERTInCATE;..PK }FW~:PV~IC;:b+I~9N:' .
.,....
Dea.r Sj r/Madallr:.
The Department of Transportation has qualified your company for the amount and
the type of work' indicated below. Unless your company is notified otherwise, this
rating'will expire 6/30/2011. However, the new applicat~on is due 4/30/2011.
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 and, if applicable, the audited interim finan~ial statements. Section
. 337.14 (4) F.S. provides that your certificate will be valid foi 18. months ~fter
your financial statement date. This gives a two month period to allow you.tobid
.on jobs as we process your new application for qu'alification. .To remainqualifi'ed
with the Department, a new application must be submitted subsequent to any
significant change in the 'financial position or the structure of your firm as
described in Section 14-22.005(3), Florida Administrative Code.
MAXIMUM CAPACITY RATING: $47,700,000.00
FDOT APPROVED WORK CLASSES:
DEBRIS REMOVAL (EMERGENCY), DRAINAGE ,___FLEXIBLE PAVING,' GRADING, HOT PLANT-MIXED
BITUM. COURSES, MINOR BRIDGES
FDOT APPROVED SPECIALITY CLASSES OF WORI(: """""....
UNDERGROUND UTILITIES (WATER & SEWER), SEWER PUMOP STATION
"..4.-:.,;. ..
. . '. . . .
. . ',' ,'. '. '. .... ~"', ',..,.. .
. Pleas:e be advised tlie Departlirt:nt of 'rrransporta.:tion>~ha:s cori'$.idered:your company's'
qualification in all work classes requested. We have evaluated your company's
organization, management, work experi.ence, work performance and adequacy of
equipment as directed by section 14~22.003, Florida Administrative Code. Based
'on this evaluation, the Department is not able, at this time, to pr'equalify your
company for the wor~ classes: PORTLAND CEMENT CONCRETE.
WWIN, dot, state, fl. us
@ RECYCLED PAPER
E 1915 "..:....;.......:.:.,;. .
:~N~:::~~~~.;!~,l;
'.15 certified under the provisior:ls of Chapter 10 of Miamf-6ad~i~.6~fily
ll/~l.(t.u.)i~ 0{ .J~i!i1~'..,tfu.r:i! I~'; f Ii( I~~
'CTQ8
Construction Trades Qualifying Board
BUSINESS CERTIFICATE OF COMPETENCY
~~1~G~2!!~s~l!!
EDUARDO DOMINGUEZ, PE, GC
President / Principal in Charge
Professional Experience
Southeastern Engineering Contractors, Inc.
President / Professional Civil Engineer (1984 - Present)
Miami-Dade County Public Works Department, Engineering & Services Division
Project Engineer (1974 - 1984)
Dagma Building Corporation - Project Supervisor (1973 - 1974)
Michigan Testing Engineering, Inc. - Assistant Engineer Manager (1971 - 1973)
Education
Florida International University 1974, Bachelor of Science in Civil Engineering
Florida Atlantic University 1969 - 1970, Civil Engineering
Miami Dade Jr. College 1969, Associate in Art in Civil Engineering Technology
Licenses
State of Florida Registered Professional Engineer, No, 0034-223
State of Florida Registered General Contractor, No. 0066528
Broward County General Engineering License, CC No. 93-1360
Miami-Dade County General Engineering License, No. E 1915
Professional Affiliations
Florida Engineering Society
American Society of Civil Engineers
National Society of Professional Engineers
References
City of North Miami
17050 NW 19th Avenue, North Miami Beach, Florida 33162
Heip Huynh, PE, City Engineer, (305) 336-9924
City of Sunny Isles Beach
17050 NE 19th Avenue, Sunny Isles Beach, Florida 33160
Rick Connor, Public Works Director, (305) 792-1928
Miami-Dade County Water and Sewer
111 NW 1 st Street, Miami, Florida 33128
Eduardo Vega, PE, Assistant Director, (305) 375-2960
City of North Miami
1815 NE 150th Street, North Miami, Florida 33181
Aleem A. Ghany, PE, Public Works Director, (305) 895-9833
12054 N.W. 98th Avenue, Hialeah Gardens, Florida 33018 Phone: (305) 557-4226 Fax (305) 557-8568
<<9.!!!~G~O~t~S~I~
EDUARDO DOMINGUEZ, Jr.
Senior Project Manager
Professional Experience
Southeastern Engineering Contractors, Inc.
Vice President / Senior Project Manager (1992 - Present)
Mr. Dominguez is a highly accomplished Vice President / Senior Project Manager with a verifiable track
record of managing complex projects. He has strong management skills on large projects. He is in
charge of the company's Project Managers, Superintendent and Administrative staff. His additional
areas of expertise include:
Estimating
Project Scheduling Reports
Documentation
Project Managing & Tracking
Report Preparation
Project Development
Process Improvements
Safety Compliance
Change Control Management
Project Risk & Scope
Project Planning
M.O.T.
Education
Hialeah - Miami Lakes Senior High School
High School Diploma
Technical Certifications
Microsoft Excel/Advanced
Power Point
Primavera P3 Scheduling
Primavera Project Planner, Suretrack Programs
Florida Advanced Work Zone Traffic Control
OSHA Roadway Safety Training
Languages
Fluent in English and Spanish
References
Miami-Dade County Public Works
111 NW 1st Street, Suite 1420, Miami, Florida 33128
Pedro Marson, County Project Manager, (305) 281-9062
City of North Miami
17050 NW 19th Avenue, North Miami Beach, Florida 33162
Heip Huynh, PE, City Engineer, (305) 336-9924
City of Sunny Isles Beach
18070 Collins Avenue, Sunny Isles Beach, Florida 33160
Rick Connor, Public Works Director, (305) 336-9924
Town of Golden Beach
1 Golden Beach Drive, Golden Beach, Florida 33160
Alexander Diaz, Town Manager, (305) 932-0744
12054 N.W. 98'" Avenue, Hialeah Gardens, Florida 33018 Phone: (305) 557-4226 Fax (305) 557-8568
FABIO ANGARITA
Project Manager
-
<<9.~EtR~G~~!o~Sr,~
Professional Experience
Mr. Angarita has over 8 years of experience in all phases of construction / project management. He is
responsible for the planning, organization, directions, control and evaluation of construction projects
from beginning to end according to work schedule, contract conditions and planned budget. He is also
in charge of the plan and preparation of schedules and stages to be followed, verifying progress
compared to data, directing the purchase of all construction materials and acquisition of grounds, hiring
the staff and supervising the work of subcontractors and subordinate employees.
Pro'ect Name
MDC-DERM Seaboard Access Ditch Enclosure
MDC Camillus House - Water Main Extension
MDC-WASD Contract W-866 - 36" Water Main at
SW 288th St. between 152nd Ave, & 14th Ave.
MDC-WASD Contract ER - 47862 -12" Force
Main on NW 1 th Street between 37th & 33rd Ave.
Cit of Tamarac 6" FM and connection to lift station
MDC-WASD Water Main Extension on SW 241 -
26th St. & 12th - 129th Ave.
City of Coral Springs Reconstruction of NW 44th St.
City of Tamarac - Water Main Replacement of
Tamarac Lakes Blvd. March 2005 - Ma 2005
Broward Co un 1m rovements
FDOT SR 915 Draina e & Roadwa 1m .
FDOT Roadway Imp. at A1A between 751n St. &
88th St.
Nature of Work
Draina e & Roadwa 1m .
Water Main
Water Main
Amount
$400,000
$100,000
$1,050,000
Force Main
Force Main
Water Main
. $750,000
$150,000
$900,000
Nature of Work
Draina e & Roadwa 1m
Drainage & Roadway
Restoration
WM Replacement & Roadway
Reconstruction
WM Replacement, Roadway
Restoration & Resurfacin
Sewer & Roadwa Reconst.
Concrete, Millin & Resurfacin
Concrete, Milling & Resurfacing
Amount
$850,000
$1,175,000
$760,000
$750,000
$1,050,000
$1,150,000
$1,330,000
Education
Colombian School of Engineering 1998, Bachelor of Science in Civil Engineer
2001, Actualization in Design of Aqueduct Systems
References
City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160
Bill Evans, Public Works Director (786) 586-7533
City of Miami, 444 SW 2nd Avenue, Miami, Florida 33130
Felix Rodriguez, City Construction Manager (305) 216-9544
South Broward Drainage District, 6591 SW 60th Avenue, Southwest Ranches, Florida 33331
Leo Schwartzberg, Director (954) 680-3337
12054 N.W. 98'" Avenue, Hialeah Gardens, Florida 33018 Phone: (305) 557-4226 Fax (305) 557-8568
. "."0:--'-..-,' '. ;~y_:"; <;\-, '. .-~,' -:"'1", - ,,' ,- ',"'.- ~ ',' ",-: '.' ,C/,'''"'_ ,y<_-,-~ ,~-. ',',t:''''"'' :-__c"'~_' "0' ;,_, -.;' ': '-, ":.,.,.".-' . ::J- .,_.<.'-,: '_'0".',. ", 'l;"',.:;:_-" O>'''':''~' ';"-;;C'i'~;',,"~"""
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<<9.~l~G~~t~n~
RENE HERNANDEZ
Superintendent / Safety Officer
Professional Experience
Southeastern Engineering Contractors, Inc,
General Superintendent (1990 - Present)
City of Miami Public Works Department
444 SW 2nd Avenue, 8th Floor, Miami, Florida 33130
Public Works Inspector (1988 - 1990)
Hightech Engineering, Inc.
Owner / President (1980 - 1988)
Gianneti Construction, Inc.
Supervisor of Roadway (1974 - 1980)
Mr, Hernandez has more than 34 years of experience in roadway and Water & Sewer projects. He has
supervised and satisfactorily completed numerous Public Works Projects under contract with Miami
Dade County and Broward County. He has acted in the capacity of General Superintendent for
municipal projects ranging from $2,000,000 to $14,000,000. He has also successfully completed paving
and drainage projects for both Broward County Aviation Department and Miami-Dade County Aviation
Department. He was the owner and president of Hightech Engineering, Inc. for 8 years constructing lift
stations and Water & Sewer projects.
Education
Hialeah High School
1966, High School Diploma
References
Miami-Dade Water & Sewer
9071 SE 38th Avenue, Miami, Florida 33165
Nelson Cepedes, Project Manager, (305) 607-0799
City of North Miami
1815 NE 150th Street, North Miami, Florida 33162
Aleem A. Ghany, PE, Public Works Director, (305) 895-9833
City of North Miami
17050 NE 19th Avenue, North Miami Beach, Florida 33162
Jimmy Davis, Construction Manager, (305) 733-4674
Dade County Public Works
111 NW 1st Street, Suite 1420, Miami, Florida 33128
Pedro Marson, County Project Manager, (305) 281-9062
12054 N.W. 98'" Avenue, Hialeah Gardens, Florida 33018 Phone: (305) 557-4226 Fax (305) 557-8568
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BID BREAKDOWN
PROFESSIONAL CONSTRUCTION SERVICES FOR CENTRAL ISLAND
EMERGENCY OUTFALLS IMPROVEMENTS
CITY OF SUNNY ISLES
Item No. Item Description Quantity Unit Unit Price Price
1 MOBILIZATION LS 1,300,00 1,300.00
2. TESTING AND SURVEYING 1 LS 1,400,00 1,400.00
3 MAINTENANCE OF TRAFFIC 1 LS 1,100.00 1,100.00
4 FLOATING TURBIDITY BARRIER 50 LF 6.33 316.25
5 STAKED SILT FENCE 200 LF 6.33 1,265,00
6 ROCK BACKS 50 EA 4.60 230.00
7 SYNTHETIC BALES 20 EA 8.05 161.00
8 ASPHALTIC REMOVAL (1,5") 102 SY 3.65 371.84
9 ASPHALTIC CONCRETE (1.5") 102 SY 8,74 891.48
10 L1MEROCK BASE (6") 40 CY 41,54 1,661,52
11 TYPE B STABILIZATION (12") 80 CY 22.66 1,812.40
12 FINISH SOIL LAYER 2" 250 SY 2.07 517.50
13 REMOVAL AND DISPOSAL OF EXISTING SIDEWALK 20 SY 9.32 186.30
14 CONCRETE SIDEWALK 4" THICK 20 SY 39,10 782.00
15 TRENCH EXCAVATION 200 LF 6.33 1,265.00
16 CONCRETE CURB AND GUTTER (TYPE F) 20 LF 17.25 345,00
17 TRENCH DRAIN 12" 200 LF 161.00 32,200,00
18 CONNECT TO EXISTING DRAINAGE STRUCTURE (CORE & TIE) 1 EA 460,00 460.00
19 DISH BOTTOM INLET (TYPE C) (<10') 2 EA 1,684.75 3,369.50
20 CONTROL STRUCTURE EA 8,567.50 8,567,50
21 DRAINAGE PIPE A-2000 (24") 330 LF 60.94 20,109.71
22 28" ROUND CORE IN EXISTING SEAWALL 2.5' 1 EA 1,725.00 1,725.00
23 MANA TEE GUARD EA 621,31 621 .31
REMOVAL AND RESTORATION OF WALL TO PROVIDE
24 ACCESS TO SEAWALL LS 2,070.00 2,070,00
25 TREE REMOVAL EA 575.00 575,00
26 ST, AUGUSTINE SOD 250 SY 5.75 1,437,50
TOTAL ALL ITEMS 1$ 84,740.811
Total Project Cost Written
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Dollars
THE AMERICAN INSTITUTE O.F ARCHITECTS
I
A/A Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we SOUTHEASTERN ENGINEERING
CONTRACTORS, INC.. rHe'e in.e't lull n.me .nd .dd,... 0' leg.1 lille of Conrnelo,)
12054 NW 98 AVE., HIALEAB GARDENS, FL 33018
as Pnncif:!al, hereinafter called the PrinCipal, and
HARTFORD FIRE INSURANCE COMPANY
ONE HARTFORD PLAZA, HARTFORD, CT 06115
a corporation' duly organized under the' laws of the State of CONNECTICUT
as Surety, hereinafter called the Surety, are held and firmly bound unto
CITY OF SUNNY ISLES (He,e in,e,' full n.me .nd .dd,... or leg.1 rille 01 Owne,)
18070 COLLINS AVE, SUNNY ISLES, FL 33160
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount of Bid
Dollars ($ 5% l,
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
(Here inse'l lull n.me .nd .dd,e.. 0' leg.l lille of Surety)
(Here insert fun name. address and descriplion of project)
PROFESSIONAL CONSTRUCTION SERVICES FOR CENTRAL ISLAND EMERGENCY
OUTFALLS IMPROVEMENTS
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise 10 remain
in full force and effect.
Signed and sealed this
~
-=:- '"
(Witness)
~ '~
JrVV
24TH
day of
JI9X 2010
CONTRACTORS, INC
(Seal)
(Witness)
HARTFORD FIRE
I_~J
RAMON A RODRI GUE~tle)
.~
CE/2YMPANY
c:-- (Seal)
Atty-in-fact &'Fla Res
Agent
AlA DOCUMENT A310 . BID BOND' AlA ~. FEBRUARY 1970 ED . THE AMERICAN
INSTITUTE OF ARCHITECTS, 1735 N,Y, AVE., N.W" WASHINGTON, 0, C. 20006
1
POWER OF ATTORNEY
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-4
P.O. BOX 2103, 690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call: 888-266-3488 or fax: 860-757-5835
Agency Code: 21-221533
KNOW ALL PERSONS BY THESE PRESENTS THAT:
[K:=J Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
[K:=J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
[K:=J Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
c=:J Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
c=:J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndiana
c=:J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
c=:J Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State ofIndiana
c=:J Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of unlimited:
Emesto Freyre, Fausto Alvarez, Ramon A. Rodriguez, Victor M. Pantin, Carl H. Moll, Carlos Lacasa,
William E. Beckham, Marc O. Jacobson, Michael L. Keeby, Mayra Rodriguez
of
Miami, FL
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by [ZI, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
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Paul A. Bergenholtz, Assistant Secretary
David T. Akers, Assistant Vice President
STATE OF CONNECTICUT}
55. Hartford
COUNTY OF HARTFORD
On this 4th day of August, 2004, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and
say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the
corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the
said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed
his name thereto by like authority.
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CERTIFICATE
Scott E. Paseka
Notary Public
My Commission Expires October 31, 2007
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of September 24, 2010.
Signed and sealed at the City of Hartford.
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Gary W. Stumper, Assistant Vice President
POA 2004
SOUTHEASTERN ENGINEERING
CONTRACTORS, INC.
Financial Statements
and Independent Accountants' Review Report
June 30, 2009 and 2008
.J. LABRADOR, P ,A,
CERTIFIE::J PUBLIC ACCOUNTANTS
Suite 302
85 Grand Canal Drive
Miami, Florida 33144
JL
~j~:A"m..
~-.o.:K~_ ....0,
TEL. (305) 262-1600
FAX (305) 262-1601
E-mail: info@labrador-cpa.com
www.labrador-cpa.com
MEMBERS: AMERICAN & FLORIDA
INSTITUTES OF CERTIFIED PUBLIC
ACCOUNTANTS
NATIONAL ASSOCIATION OF CERTIFIED
VAlliATION ANAl YSTS
"INDEPENDENT ACCOUNTANTS' REVIEW REPORT"
To the Stockholders
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
We have reviewed the accompanying balance sheets of SOUTHEASTERN ENGINEERING
CONTRACTORS, INC. as of June 30, 2009 and 2008 and the related statements of income and
retained earnings and cash flows for the six months then ended, in accordance with Statements
on Standards for Accounting and Review Services issued by the American Institute of Certified
Public Accountants. All information included in these financial statements is the representation
of the management of SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
A review consists principally of inquiries of company personnel and analytical procedures
applied to financial data. It is substantially less in scope than an examination in accordance with
generally accepted auditing standards, the objective of which is the expression of an opinion
regarding the financial statements taken as a whole. Accordingly, we do not express such an
opmlOn.
Based on our review, we are not aware of any material modifications that should be made to the
accompanying financial statements in order for them to be in conformity with generally accepted
accounting principles.
Our review was made for the purpose of expressing limited assurance that there are no material
modifications that should be made to the financial statements in order for them to be in
conformity with generally accepted accounting principles. The information contained on the
schedules of earnings from contracts, completed contracts, contracts in progress and general and
. administrative expenses is presented only for supplementary analysis purposes. Such
information has been subjected to the same inquiry and analysis procedures applied in the review
of the basic financial statements and we are not aware of any material modifications that should
be made to them.
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Septemher 21, 2009
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Miami}'Florida
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2
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
BALANCE SHEETS
JUNE 30,
ASSETS 2009 2008
CURRENT ASSETS
Cash and cash equivalents $ 2,875,221 $ 1,019,660
Contracts receivable 7,364,618 6,083,254
Costs and estimated earnings in excess of billings
on uncompleted contracts 115,913
Total current assets 10,239,839 7,218,827
PROPERTY AND EQillPMENT - NET 876,804 808,392
OTHER ASSETS 14,557 13,101
$ 11,131,200 $ 8,040,320
LIABILITIES AND STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
Short-term borrowings $ $ 136,972
Current portion of long-term debt 181,435 165,245
Accounts payable - trade 1,594,741 1,771,742
Accrued expenses 12,396 29,565
Billings in excess of costs and estimated earnings
on uncompleted contracts 4,477,102 2,913,776
Total current liabilities 6,265,674 5,017,300
LONG - TERM DEBT 286,100 168,866
DUE TO STOCKHOLDERS 200,000 200,000
STOCKHOLDERS' EQillTY
Common stock - 50 shares of $10 par value
authorized, issued and outstanding 500 500
Paid-in capital in excess of par 69,000 69,000
Retained earnings 4,309,926 2,584,654
4,379,426 2,654,154
$ 11,131,200 $ 8,040,320
Read Accountants' Review Report
The accompanying notes are an integral part of this statement
3
-
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
STATEMENTS OF INCOME AND RETAINED EARNINGS
FOR THE SIX MONTHS ENDED JUNE 30,
2009 2008
Contract revenues earned $ 10,226,909 $ 7,260,004
Cost of revenues earned 8,400,761 5,804,810
Gross profit 1,826,148 1,455,194
General and administrative expenses 924,294 763,189
Income from operations 901,854 692,005
Other income and (expenses)
Gain on sale of asset 29,000
Interest income 5,037 9,370
Interest expense (22,205) (59,148)
Net Income 913,686 642,227
Retained earnings at the beginning of the year 3,609,540 1,942,427
Dividend distributions (213,300)
Retained earnings at the end of the six months $ 4,309,926 $ 2,584,654
Read Accountants' Review Report
The accompanying notes are an integral part of this statement
4
-
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
STATEMENTS OF CASH FLOWS
FOR THE SIX MONTHS ENDED JUNE 30,
2009 2008
Cash flows from operating activities:
Net Income $ 913,686 $ 642,227
Adjustments to reconcile net income to cash
provided by operating activities:
Depreciation 108,147 129,599
Gain on sale of assets (29,000)
Changes in assets and liabilities:
Decrease (increase) in contracts receivable (567,506) 74,025
Decrease (increase) in costs and estimated earnings
in excess of billings on uncompleted contracts 222,970 (71,061)
Increase in other assets (1,636)
Decrease in accounts payable - trade (737,870) (179,596)
Increase (decrease) in accrued expenses (5,366) 20,830
Increase in billings in excess of costs and
estimated earnings on uncompleted contracts 1,235,634 113,070
Cash flows provided by operating activities 1,140,695 727,458
Cash flows provided by (used in) investing activities:
Proceeds from sale of assets 29,000
Purchase of property and equipment (255)
28,745
Cash flows used in financing activities:
Repayment to stockholders (197,000)
Repayment of short-term borrowings (99,425)
Dividend distributions (213,300)
Repayment of long-term debt (116,113) (120,491)
(329,413) (416,916)
Net increase in cash and cash equivalents 840,027 310,542
Cash and cash equivalents at the begilli1ing of the year 2,035,194 709,118
Cash and cash equivalents at the end of the six months $ 2,875,221 $ 1,019,660
Supplementary disclosure of cash flows information
Non-monetary investing and financing transactions:
Debt incurred to acquire property and equipment
Cash paid for interest
$
$
112,039
22,205
$ 114,725
$ 59,148
Read Accountants' Review Report
The accompanying notes are an integral part of this statement
5
.-
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
NOTES TO THE FINANCIAL STATEMENTS
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
General
The Company was incorporated under the laws of the State of Florida and began operations
in June, 1984. The Company was created for the purpose of performing general construction
contracts. The work is normally performed under fixed-price contracts. All projects are
located in the South Florida area.
Use of estimates
The preparation of financial statements in conformity with generally accepted accounting
principles requires management to make estimates and assumptions that affect the reported
amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date
of the financial statements and the reported amounts of revenues and expenses during the
reporting period. Actual results could differ from those estimates.
Revenue recognition
Contract revenue is recognized using the percentage-of-comp1etion method. Under this
method, the percentage of contract revenue to be recognized currently is computed as that
percentage of estimated total revenue that incurred costs to date bear to total estimated costs,
after giving effect to the most recent estimates of cost to complete. It is reasonably possible
that changes in estimates may occur in the near term, Revisions in cost and revenue
estimates are reflected in the period in which the facts which require the revision become
known. When the revised cost estimates indicate a loss on an individual contract, the total
estimated loss is provided for currently in it::; entirety without regard to the percentage of
completion.
Contract costs include all direct material, labor, subcontractor costs and those indirect costs
related to contract performance, such as indirect labor, supplies, equipment rental, and
repairs. Selling, general, and administrative expenses are charged to operations as incurred.
The asset "cost and estimated earnings in excess of billings on uncompleted contracts",
represents revenues recognized in excess of amounts billed. The liability, "billings in
excess of costs and estimated earnings on uncompleted contracts", represents billings in
excess of revenues recognized.
Depreciation
Depreciation is provided for on the straight-line method over the eSTimated useful lives of
the assets.
Cash and cash equivalents
For the purpose of reporting cash flows, the Company has defined cash equivalents as those
highly liquid investments purchased with an original maturity of three months or less.
6
....
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
NOTES TO THE FINANCIAL STATEMENTS
NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - CONTINUED
Income Taxes
The Company uses the percentage-of-completion method of reporting income from long-
term construction contracts for financial statements purposes and the completed contract
method for income tax purposes.
The Company has elected, with the consent of its stockholders, to be taxed as an S
corporation under the provisions of Section 1362 of the Internal Revenue Code and state
laws. Under these provisions, the Company does not pay federal or state income taxes on its
taxable income. Instead the stockholders are liable for individual income taxes on their
respective share of the Company's income.
Long-Lived Assets
Long-lived assets, such as property and equipment, are reviewed on an ongoing basis for
impairment based on comparison of carrying value against undiscounted future cash flows.
If impairment is identified, the assets carrying amounts are adjusted to fair value. There
were no such adjustments during the six months ended June 30, 2009 and 2008.
NOTE2-CONTRACTSRECEIVABLE
. Contracts receivable are as follows:
2009
2008
Billed
Completed contracts
Due
Contracts in progress
Due
Retainage
$ 393,592
$ 479,137
3,887,684
3,083,342
$ 7,364,618
3,155,153
2,448,964
$ 6,083,254
Contracts receivable as of June 30, 2009 are aged as follows:
0- 30 days $ 2,243,128
31- 60 days 920,461
61 - 90 days 317,477
Over 91 days 800,010
Retainage 3,083,342
$ 7,364,618
The Company collected approximately $ 3,400,000 of the receivables through September
21,2009.
7
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
NOTES TO THE FINANCiAL STATEMENTS
--
NOTE 3 - COSTS AND ESTIMATED EARNINGS ON UNCOMPLETED CONTRACTS
Costs incurred on uncompleted contracts
Estimated earnings
2009
$ 29,429,865
5,779,166
35,209,031
(39,686,133)
$ (4,477,102)
Less: billings to date
Costs and estimated earnings in excess of billings
on uncompleted contracts
Billings in excess of costs and estimated
earnings on uncompleted contracts
$
(4,477,102)
$ (4,477,102)
NOTE 4 - BACKLOG
2008
$ 19,485,216
3,736,798
23,222,014
(26,019,877)
$ (2,797,863)
$ 115,913
(2,913,776)
$ (2,797,863)
The following is a reconciliation of backlog representing signed contracts in existence as of
June 30:
Balance at the beginning of the year
Contracts and adjustments
2009
$ 53,937,241
(205,354)
53,731,887
(10,226,909)
$ 43,504,978
Less: contract revenues earned for six months
Balance at the end of the six months
2008
. $ 16,052,605
5,365,372
21,417,977
(7,260,004)
$ 14,157,973
The Company assures that all contract cost pertaining to the financial statements for the six
months ended June 30, 2009 have been included.
NOTE 5 - CONCENTRATION OF CREDIT RISK
The Company maintains its cash balances in a financial institution in Miami, Florida. The
balances are insured by the Federal Deposit Insurance Corporation up to $100,000.
Temporary additional protection of $150,000 has been extended by the FDIC through
December 31,2009. These balances may at times exceed insured limits.
The Company as of June 30, 2009, had 98 % of their receivables with four customers.
The Company as of June 30, 2008, had 82 % of their receivables with two customers.
. 8
SOlJTHEASTERN ENGINEERING CONTRACTORS, INC.
NOTES TO THE FINANCIAL STATEMENTS
NOTE 6 - MAJOR CUSTOMERS
The Company earned revenues during the six months ended June 30, 2009 from five
customers that individually accounted for more than 10% of the total revenues earned during
the six months. Revenues earned from these customers amounted to $ 2,626,813,
$ 1,936,792, $ 1,801,049, $ 1,702,548 and $ 1,346,987.
The Company earned revenues during the six months ended June 30, 2008 from three
customers that individually accounted for more than 10% of the total revenues earned during
. the six months. Revenues earned from these customers amounted to $ 4,351,500,
$ 1,497,513 and $ 946,756.
NOTE 7 - PROPERTY AND EQUIPMENT
Depreciation for the six months ended June 30, 2009 and 2008 was $ 108,147 and
$ 129,599, respectively. Costs, accumulated depreciation and estimated useful lives as of
June 30, are as follows:
Estimated
Category useful lives 2009 2008
Auto and trucks 5 Years $ 647,093 $ 495,146
Heavy equipment 7 Years 2,349,430 2,659,033
Furniture and fixtures 7 Years 57,371 57,371
Leasehold improvements 39 Years 44,621 44,621
3,098,515 3,256,171
Less: accumulated depreciation (2,221,711) (2,447,779)
$ 876,804 $ 808,392
NOTE 8 - RELATED PARTY TRANSACTIONS
The Company leases administrative offices, storage space and a parking facility from the
Company's stockholders. The lease terms are on a month to month basis and rental payments
made for the six months ended June 30, 2009 and 2008 were $ 128,244 and $ 65,453
respectively.
The Company's stockholders have lent $ 200,000 to the Company under an unsecured note
payable with a due date of July 15,2010.
The Company and these related parties mentioned above are not considered variable interest
entities under F ASB Interpretation 46R - Consolidation of Variable Interest Entities.
Accordingly, the accompanying [mancial statements have not been consolidated with these
related companies. .
9
SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
NOTES TO THE FINANCIAL STATEMENTS
NOTE 9 - LONG-TERM DEBT
The Company's long-term debt consists of the following:
2008
Equipment and vehicle loans payable in
monthly installments ranging from $ 383 to
$ 3,759 including interest at rates of2.90 % to
14.94 % and maturity dates from October
2009 to November 2013.
$ 467,535
(181,435)
$ 286,100
$ 334,111
(165,245)
$ 168,866
Less: current portion
Future principal payments of these notes will be as follows:
Year Amount
2010 $ 181,435
2011 136,234
2012 97,793
2013 44,414
2014 7,659
$ 467,535
NOTE 10 - LINE OF CREDIT
The Company has secured with assets held by the stockholders a line of credit of $ ] ,500,000
bearing interest of prime rate minus .25 %, and maturing upon demand. As of June 30, 2009;
there was zero balance due by the Company under the line of credit.
NOTE 11 - ASSIGNMENT OF RIGHTS AND PROPERTY UNDER INDEMNITY
AGREEMENT
In order to procure a bonding line, the Company has assigned certain rights and property as
collateral to secure its obligations under the indemnity agreement. These rights consist
principally of rights under construction contracts, subcontracts, insurance policies and legal
claims. The property assigned consists of all property and equipment, cash and accounts
receivable.
10
..
BEO&ll
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III
2500 N.W. 79th Avenue · Suite 101 · Miami, Florida 33122
Mailing Address: P.O. Box 523615. Miami, Florida 33152-8988
305-714-4400 · Fax: 305-714-4401 · www.hbains.com
November 2,2010
CITY OF SUNNY ISLES BEACH
18070 COLLINS AVENUE
SUNNY ISLES BEACH, FL 33160
RE: SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
BOND NO. 21BCSFW4198
To Whom It May Concern:
Let this letter serve as authorization from the Hartford Fire Insurance Company.
permitting CITY OF SUNNY ISLES BEACH to date the Bond at the same time the
county signs the contract.
If you should have any questions, please do not hesitate to contact our office.
Bes~
- ......-.---..
Ramon A Rodriguez
Attorney-in-Fact for
Hartford Fire Insurance Co.
RE: DUPLICATE ORIGINAL BOND FILINGS IN FLORIDA
Florida Statute 255.05 requires that a contractor who enters into a contract with a
PUBLIC ENTITY IN THE STATE OF Florida must provide Performance and Payment
Bonds for the project and record the bonds in the public records of the County where the
improvement is located.
When the contract is with a PRIV ATE ENTITY (Florida Statute 713.23) the
responsibility of the filing the bond falls with the Owner; however, we strongly
recommend that the contractors do the filing themselves in order to be sure they are
protected.
Therefore, we are enclosing a duplicate original set of bonds, which need to be filed with
the Clerk of the Circuit Court in the County where the project is located in accordance
with Florida Statutes 244.05 or 713.23.
Bond Number: 21 BCSFW 4198
This is the first page of Performance and Payment Bond. All other pages are subsequent
regardless of preprinted pages.
Surety in Which Bond is Written:
HARTFORD FIRE INSURANCE COMPANY
Local Address: 400 INTERNATIONAL P ARKW A Y, SUITE 425
HEATHROW, FL 32746 (407) 562-3487
CONTRACTOR'S NAME: SOUTHEASTERN ENGINEERING CONTRACTORS, INC.
Address: 12054 N.W. 98 AVENUE
HIALEAH GARDENS, FL 33018
Telephone No. (305) 557-4226
Owner/Obligee: CITY OF SUNNY ISLES BEACH
18070 COLLINS AVE
SUNNY ISLES BEACH, FL 33160
Project Description: CENTRAL ISLAND EMERGENCY OUTFALL
RFP 10-08-01
Contract Amount: $ 84,740.81
Bond Amount: $ 84,740.81
This bond has been furnished to comply with the requirements ofF.S. 255.05. All
provisions and limitations including conditions, notice and time limitations ofF.S. 255.05
are incorporated herein by reference. This bond is a statutory bond not a common law
bond.
For Bond Inquiries:
Agency:
HBA INSURANCE GROUP, INC.
(305) 714-4400
x
FLORIDA NOTICE
FLORIDA HURRICANE CATASTROPHE FUND EMERGENCY ASSESSMENT
The Florida Office of Insurance Regulation has levied an emergency assessment on direct
written premiums for all property and casualty lines of business in Florida.
This emergency assessment is to fund obligations, costs and expenses of the Florida
Hurricane Catastrophe Fund and the Florida Hurricane Catastrophe Fund Corporation.
This emergency assessment is 1.3%, and applies to all subject policies and bonds effective on
or after January 1, 2011.
We are required by statute and order to collect this emergency assessment and remit it to the
State.
This assessment for your policy or bond appears as FHCF EMER ASSESS CL.
Form .IFL4887
HR 09 H085 00 0806
Page 1 of 1
@ 2006, The Hartford
Producer Compensation Notice
V
THE tl
HARTFORD
You can review and obtain information on The Hartford's
producer compensation practices at www.thehartford.com
or at 1-800-592-5717.
HR 00 H093 00 0207
@ 2007, The Hartford
Page 1 of 1
21BCSFW4198
AlA Document A312 - Electronic Format
Performance Bond
TillS DOCUMENT liAS IMPORTANT lEGAL CONSEQUENCES: CONSULT..\T10N WITII AN :\TTORNEY is ENCOURAGED WiTII RESPECT TO ITS
COMPLETION OR MODlFICA TION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED All'. DOCUlvlENT MAYBE MADE BY USING AlA
DOCUMENT D401.
Any singular referencc to Contract. Surety, O\\l1Cr or Othcr Party Shall be considcrcd plural whcrc applicable.
CONTRACTOR (Name and Address):
Southeastern Engineering Contractors, Inc.,
12054 N.W. 98th Avenue
Hialeah Gardens, FL 33016
OWNER (Name and Address)
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny isles Beach, FL 33160
CONSTRUCTION CONTRACT
Date:
Amount Eighty-Four Thousand Seven Hundred Forty and 81/100 ($84,740.81)
Description (Name and Location): Central Island Emergency Outfall RFP10-08-01
SURETY (Name and Principal Place of Business)
Hartford Fire Insurance Company
One Hartford Plaza
Hartford, CT 06155
BOND
Date (Not earlier than Construction Contract Date): November 2, 2010
Amount Eighty-Four Thousand Seven Hundred Forty and 81/100 ($84,740.81)
Modifications to this Bond:
D None
EJ See Page
CONTRACTOR AS PRINCIPAL
Company:
Southeastern
SURETY
Company: (Corporate Seal)
Hartford Fire Insurance Company
......~~~~
Signature:-" ...~
Name and Titlc: Ramon.A. Rodriguez. Attorney-in-Fact
& Fla Res Agent
AGENT or BROKER: HBA INSURANCE GROUP
2500 NW 79 AVENUE SUITE 101
MIAMI,Florida 33122
305-714-4400
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the
Construction Contract, which is incorporated herein by
reference.
OWNER'S REPRESENT A TIVE (Architect, Engineer or other party):
n/a
n/a
3 If there is no Owner Default, the Surety's obligation under
this Bond shall arise after:
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under this
Bond, except to participate in conferences as provided in
Subparagraph 3.1.
3.1 The Owner has notified the Contractor and the Surety
at its address described in Paragraph 10 below that the
Owner is considering declaring a Contractor Default and
has requested and attempted to arrange a conference with
the Contractor and the Surety to be held not later than
fifteen days after receipt of such notice to discuss methods
of performing the Construction Contract. If the Owner,
the Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the Construction
AIA DOCU!-1ENT' A31.2. PER.FORi,t;'NCE BOND AND PAYt'-1ENT BOND . DECEt"lBER 1984 ED. . AJ~o. ,"~. TEE Ar.1ERICAN INSTITUTE OF
l\RCHITECTS, 1735 NE~': YORK [..VENUE, N.:'i. / ~'i]\SHINGTON, D.C., 20006-5292 . THIRD PRINTING. !"ll..RCH 1987. ~AlJ1RNINGi
Unlicensed photocopyi~g violates U.S. copyright laws and is subjec~ to legal prosecution.
This doeumcnt has bccn reproduccd clectronically with the' pennission of Thc Amcrican Institutc of Architects undcr Liccnse #210.. to Thc Hartford Fiddity and
Bonding Comp~ny. Reproduction of this document without project-specific inlimnation is not permittcd. Contact Thc ;\merican Institute of Architcct, to verify thc
current version of this document and license status.
Elect~onic Format A312-1984
1
Contract, but such an agreement shall not waive the
Owner's right, if any, subsequently to declare a Contractor
Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right 10 complete the
contract. Such Contractor Default shall not be declared
earlier than twenty days after the Contractor and the
Surety have received notice as provided in Sub-paragraph
3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the terms
of the Construction Contract or to a contractor selected to
perform the Construction Contract in accordance with the
terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph
3, the Surety shall promptly and at the Surety's expense take
one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construction
Contract itself, through its agents or through independent
contractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,
arrange for a contract to be prepared for execution by the
Owner and the contractor selected with the Owner's
concurrence, to be secured with performance and payment
bonds executed by a qualified surety equivalent to the
bonds issued on the Construction Contract, and pay to the
Owner the amount of damages as described in Paragraph
6 in excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon
as practicable after the amount is determined,
tender payment therefor to the Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
21BCSFW4198
5 If the Surety does not proceed as provided in Paragraph 4
with reasonable promptness, the Surety shall be deemed to be
in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perfom1 its obligations under this
Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in
Subparagraph 4.4, and the Owner refuses the payment
tendered or the Surety has denied liability, in whole or in part,
without further notice the Owner shall be entitled to enforce
any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety elects to
act under Subparagraph 4.1, 4.2, or 4.3 above, then the
responsibilities of the Surety to the Owner shall not be greater
than those of the Contractor under the Construction Contract,
and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction
Contract. To the limit of the amount of this Bond, but subject
to commitment by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the Construction
Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction
of defective work and completion of the Construction
Contract;
6.2 Additional legal, design professional and delay costs
resulting from the Contractor's Default, and resulting from
the actions or failure to act of the Surety under Paragraph
4; and
6.3 Liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages
caused by delayed performance or non-performance of the
Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs,
executors, administrators or successors.
8 The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and
AlA DOCUW<:NT JI.312. PERFORIviANCE BOND AND PAyt':ENT BOND . DECE,.,BER 1984 ED. . AlA ~). TEE A!'~ERlCJI.N INSTITUTE OF
l\RCHITECTS, 1735 NE~'; YORK !\\:'"ENUE. 1'J.~':', VF\SHINGTON, D,C., 20006-5292 . THIRD PRINTING. !"'ll\RCH 1987. \AJARNINGi
Unlicensed photocopying violates u.s. copyright laws aI:d is subjec: to legal prosecution.
This documcnt has becn reproduecd electronically with thc permission of Thc Amcrican Institnte of Architects under Liccnse #2104 to The Hartford Fidelity and
Bondiug Company. Reproduction of this docnment without projcet-spceitic intimnation is not permitted. Contact The American Institute of Architcets to verify the
cun'cnt version or this document and license statll~.
Electronic Format A312-1984
2
21BCSFW4198
shall be instituted within two years after Contractor Default or
within two years after the Contractor ceased working or within
two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the
provisions of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
been made, including allowance to the Contractor of any
amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to
which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor
under the Construction Contract.
10 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature
page.
12.2 Construction Contract: The agreement
belween the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond
conflicting with said statutory or legal requirement shall be
deemed deleted here from and provisions conforming to such
statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be
construed as a statutory bond and not as a common law bond.
12.3 Contractor Default: Failure of the
Contractor, which has neither been remedied nor waived,
to perform or otherwise to comply with the terms of the
Construction Contract.
12 DEFINITIONS
12.4 Owner Default: Failure of the Owner, which
has neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
12.1 Balance of the Contract Price: The total
amount payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments have
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
None
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
All', DCCU!~ENT A312. PERFCR~!ANCE BOND AND PAyt.mNT BOND . DECEt'1BER }9B4 ED. . .!;IA ~). THE .'.YEP-TCfI.N INSTITUTE OF
J\RCHTTECTS, J.735 NE~'J YORK !..VENUE, 1'J.~';' I \';l\SHINGTON, D.C" 20006-5292 . THIRD PRINTING . !~iI...RCH :198.7. ~"JARNING;
Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution.
This documcnt has been rcproduecd electronically with thc permission of Thc Amcriean Institutc of Architects undcr Liecnse 1i2104 to The Hartfi.\rd Fidelity and
Bonding Company. Reproductiou of this document without projcct-spccific inf(Jrlnation is nol permittcd. Ce,nlact Thc Amcrican Institute of Architccts to verify thc
clIn-cnt version of this document and license status.
Electronic Format A312-1984
3
THE AMERICAN INSTITUTE OF ARCHITECTS
.
Bond No. 21BCSFW4198
AlA Document A3/1
Labor.and M_aterial Payment Bond
THIS BOND IS ISSUED SIMUL TANEOUSLYWITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that
SOUTHEASTERN ENG INEERING CONTRACTORS, INcO:aro Insert lull nama and address or legal lilt. 01 Conlra<lor)
12054 NW 98 AVE., HIALEAH GARDENS, FL 33018
as Principal, hereinafter catled Principal, and,
HARTFORD FIRE INSURANCE COMPANY
ONE HARTFORD, CT 06155
as Surety, hereinafter called Surely, are held and firmly bound unto
CITY OF SUNNY I SLES BEACH (Herelnoortlull name and address orlegal 11110 01 Ownor)
18070 COLLINS AVE, SUNNY ISLES BEACH, FL 33160
as Obligee, hereinafter oalled Owner. for the use and benefit of claimants as hereinbelow defined, In the
EIGHTY FOUR THOUSAND SEVEN HUNDRED FORTY AND 81/100
amount of
(Here Inserlll sum equal to III lellsl one-hair of the conlract price)
(Hara lnsort full name nnd nddr~.s or legalli\1e of Suroty)
Dollars ($
84,740.81
for the payment whereof PrIncipal and Surety bind themselves. their I.eirs, executors,
successors and assigns, jointly and severally, firmly by these presents.
),
administrators,
WHEREAS,
Principal has by written agreement dated
for
(Herolnsort rull nama, .dd,as. snd de.c~ption of proJact)
, entered into a contract with Owner
CENTRAL ISLAND EMERGENCY OUTFALL
RFP 10-08-:-01
In accordance with Drawings and Speclncations prepared by
N/A
(Hora Insert (ull nama end addrsss or legalllU. of Archl1sCI)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NA DOCUMENT AJ11 ' PERFORMANCE BONO ANa lABOR AND MATERIAl PAYMENT BOND . AlA <(i)
FEBRUARY 1870 ED. . THE AMERICAN INSTITUTE OFARCKITECTS. 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006
1
LABOR AND MATERIAL PAYMENT BOND
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the
Contract, then this obligation shall be void, otherwise it shall remain in full force and elfect, subject, however, to the 10llowing
conditions:
1. A claimant is defined as one having a direct
contract with the Principal or with a Subcontractor of the
Principal for labor, material. or both, used or reasonably
requIred for use in the performance of the Contract, labor
and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone selVice or
Urental of equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly
and severally agree with the Owner that every claimant as
herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on
which the last of such claimant's work or labor was done or
performed, or materials were Furnished by such clalmant,
may sue on this bond fOL ,the use of such claimant,
prosecute the suit to final Judgment for such sum or sums
as may be justly due claimant, and have execution thereon.
The owner shall not be liable for the payment of any costs
or expenses of any such .suit.
3. No suit or action shall be commenced hereunder by
any claimant:
a) Unless claimant, other than one having a direct
contract with the Principal, shall have given written notice to
any two of the following: the Principal, the Owner, or the
Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or
furnished the last of the materIals for which said claim is
made, staling with substantial accuracy the amount
claimed
Signed and sealed this
2ND
A'U )
~ V'<~ ~,
. (Nltness)
~
WITNESS:
I \~f\J~
B ; v u Jl, ,I \
('vVifn6$$)
and the name of the party to whom the materials were
furnished, or for whom the work or labor was done or
performed. Such notice shall be selVed by mailing the
same by registered mail or certifie<l mail, postage prepaid,
In an envelope addressed to the Principal, Owner or Surety,
at any place where an office is regularly mainlained for the
transaction of business, or selVed in any manner In which
legal process may be salVed in the state in which the
aforesaid project is located, save that such seNics need not
be made by a public officer.
b) After the expiration of one (1) year following the date on
which principal ceased Work on said Contract, it being
understood, however, that If any limitation embodied in this
bo.nd Is prohibited by any law controlling the construction
hereof such limitation shall be deemed to be amended so
as to be equal to the minimum period of limitation permitted
by such law.
e) Other than in state court of competent jurisdiction in
and for the county or other political subdivision of the state
in which the Project, or any part thereof, is situated, or in
the United States District Court for the district In which the
Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and
to the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety or
mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such
lien be presented under and agaInst this bond.
day of
NOVEMBER, 2010
RS ,INe
(Sean
J HARTFORD FIRE (8::U
1 BY~~-
RAMON A RODRI~~
Attorney-in-Facl
& FLA RES
AGENT
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BONO . AlA eEl
FEBRUARY 1970 EO. . THE MIERICAN INSTIWTE OF ARCHITECTS, 1736 N.Y. AVE" N'w, WASHINGTON, D.C. 20006
2
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
Financial Statement, December 31, 2009
(Statutory Basis)
ASSETS LIABILITIES
u.s. Government Bonds ....... $ 368,756,707 Reserve for Claims $
Bonds of Other Governments 136,326,951 and Claim Expense............ 7,008,536,044
State, County Municipal Reserve for Unearned Premiums 1,991,334,544
Miscellaneous Bonds.. 12,724,600,391 Reserve for Taxes, License
Stocks ..................... 5,385,500,208 and Fees ......................... 63,462,631
Short Term Investments ....... 326,369,173 Miscellaneous Liabilities ............ 2,289,376,393
$ 18,941,553,430 Total Liabilities ....................... $ 11,352,709,612
Real Estate ................................... $ 135,059,043 Capital Paid In $ 54,740,000
Cash ........................................... 135,120,953 Surplus ... ...... 13,135,478,819
Agents' Balances (Under 90 Day) ...... 2,645,588,209
Other Invested Assets......... ............ 426,558,272 Surplus as regards Policyholders........... $ 13,190,218,819
Miscellaneous ............ ......... .......... 2,259,048,524 Total Liabilities, Capital
Total Admitted Assets ................... $ 24,542,928,431 and Surplus ................................. $ 24,542,928,431
STATE OF CONNECTICUT
COUNTY OF HARTFORD
CITY OF HARTFORD
}ss
Debora G. Westcott, Assistant Vice President, and Patricia A. Murrone, Assistant Secretary of the Hartford Fire Insurance
Company, being duly sworn, each deposes and say that the foregoing is a true and correct statement of the said company's
financial condition as of December 31,2009.
Subscribed and sworn to before me
this 29th day of March, 2010.
Brenda M. Cunningh m
Notary Public
My Commission Expires July 31,2010
.~w-..
tt, Assistant Vice President
'P~ A ~
Patricia A. Murrone, Assistant Secretary
Form CS-19-37 HF printed in U.S.A.
Direct Inquiries/Claims to:
POWER OF ATTORNEY
THE HARTFORD
BOND, T-4
P.O. BOX 2103, 690 ASYLUM AVENUE
HARTFORD, CONNECTICUT 06115
call. 888-266-3488 or fax: 860-757 -5835)
Agency Code: 21 221533
KNOW ALL PERSONS BY THESE PRESENTS THAT:
~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana
D Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut
D Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut
D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana
D Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois
D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State ofIndiana
D Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida
having their home office in Hartford, Connecticut (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint,
up to the amount of UNLIMI TED
ERNESTO FREYRE, FAUSTO ALVAREZ, RAMON A. RODRIGUEZ, VICTOR M. PANTIN, CARL H. MOLL,
CARLOS LACASA, WILLIAM E. BECKHAM, MARC D. JACOBSON, MICHAEL L. KEEBY, MAYRA
RODRIGUEZ OF MIAMI, FLORIDA
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as
delineated above by [8], and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the
nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and
executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004, the Companies
have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant
Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are
and will be bound by any mechanically applied signatures applied to this Power of Attorney.
t!2'''''~
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'\>~".~~
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l_.S
re~
Scott Sadowsky, Assistant Secretary
M. Ross Fisher, Assistant Vice President
STATE OF CONNECTICUT}
55.
COUNTY OF HARTFORD
On this 3'd day of March, 2008, before me personally came M. Ross Fisher, to me known. who being by me duly sworn, did depose and say: that
he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which
executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporale seals; that
they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority.
J/'/;;s~<?:;~ Dc;fOr /1-
.t~.
~ Scott E. Paseka
Notary Public
My Commission Expires October 31, 2012
Hartford
CERTIFICATE
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
the Power of Attorney executed by said Companies. which is still in full force effective as of November 2, 2010
Signed and sealed at the City of Hartford.
tff;.r.t'~~~
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Gary W. Stumper, Assistant Vice President
POA 2008
Preview
Page 1 of 1
City of SUDJ.1Y Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Rick Conner, City Manager
DATE:
10/14/2010
RE:
Award of Bid for the Construction of Central Island Drainage Phase IV
RECOMMENDATION:
Staff recommends that the Comission approve the Resolution awarding the contract for
the Central Island Drainage Phase IV to Southeastern Engineering in an amount not to
exceed $84,740.81.
REASONS:
This is the portion of the Central Island Drainage Project that will enhance the drainage
on North Bay Road both at the School and south of the School. The work will be in
front of the Eden Rock Condominium and will include a direct outfall to the bay. The
permits have been obtained and the contractor is ready to go to work. We will include
liquidated damages in the contract. We also believe that we can reduce the final cost of
the project, but need to move forward to get the project underway and will look to make
field changes and modify the permits while the work is proceeding. This project was
expected to cost a little less, we have $75,000 budgeted for it. The bids received were
as follows:
Southeastern Engineering
Miguel Lopez Jr. Inc.
Williams Paving
$84,740.81
$130,257.50
$229,240.00
FUNDING SOURCE:
This project will be funded from the Capital Projects Account Number 45-600-5684.
A TT ACHMENTS:
. Resolution
hrtp://sibagenda.sibfl.netlagenda/Preview.aspx?I temID=34 9&MeetingID=0&MeetingDate... 9/28/201 0
City of Sunny Isles Beach
18070 Collins Avenue, 1st Floor Meeting Room
Request for Proposals No. 10-08-01
Professional Construction Services for the Central Island
Emergency Outfalls Improvements
Opening Date and Time: Friday, September 24,2010 at 10:00 a.m.
PRESENT: Rick Conner, City Manager
Jorge Vera, Assistant City Manager/Services
Gio Batista, Public Works Director
Jane A. Hines, CMC, City Clerk
Mauricio Betancur, Assistant City Clerk
Joel Wadsworth, City Consultant, CGA
Interested Parties
3 responses to RFP No. 10-08-01 were received:
1.
Williams Paving, Co.
Alan B. Rodriguez, VP
11300 NW South River Drive
Medley, FL 33178
Phone: 305-882-1950
Fax: 305-882-1966
Email: arodriguez@williamspaving.com
Bid Amount: $229.240.00
CLoriginal and ~ copies received)
2.
Southeastern Engineering Contractors, Inc.
Eduardo Dominguez, PE, GC, President
12054 NW 98th Avenue
Hialeah Gardens, FL 33018
Phone: 305-557-4226
Fax: 305-557-8568
Email:
CLoriginal and ~ copies received)
Bid Amount: $84,740.81
3.
Miguel Lopez Jr., Inc.
Miguel Lopez, President
7711 NW 74th Avenue
Medley, FL 33166
Phone: 305-884-0767
Fax: 305-884-0642
Email: miguel@lopezinc.com
(.loriginal and ~ copies received)
Bid Amount: $130.257.50
Submitted by:
~~-~:
Jane A Hines, CMC, City Clerk
- . .
. '-,
Page 1 of 1
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the CITY OF SUNNY ISLES BEACH is seeking
proposals for professional construction services for the Central Island Emergency Outfalls
Improvements. Interested firm/individuals ("Proposer (s)") may pick-up a copy of Request for
Proposals ("RFP") No. 10-08-01 to be issued on Monday, August 16,2010 at Sunny Isles Beach
Government Center, 18070 Collins Avenue, City Clerk's Office, Fourth Floor, Sunny Isles
Beach, Florida, 33160. RFP No. 10-08-01 is also available from DemandStar by calling (800)
711-1712 or by accessing their website at www.demandstar.com. The RFP contains detailed and
specific information about the scope of services, submission requirements and selection
procedures.
One (1) original, and four (4) copies of the completed and executed Submissions must be
delivered to the following address no later than Wednesday, September 15,2010 at 10:00 a.m.:
Sunny Isles Beach Government Center
18070 Collins A venue, City Clerk
First Floor Meeting Room
Sunny Isles Beach, Florida, 33160
The City reserves the right to accept or not accept late submitted bids in the sole discretion of the
City Manager or his designee. The envelope containing the sealed Proposal must be clearly
marked as follows:
"SEALED PROPOSAL"
RFP NO. 10-08-01 FOR PROFESSIONAL CONSTRUCTION SERVICES FOR THE
CENTRAL ISLAND EMERGENCY OUTF ALLS IMPROVEMENTS
OPENING DATE AND TIME: Wednesday, September 15,2010, at 10:00 a.m.
The City of Sunny Isles Beach (the "City") intends to enter into an agreement with the successful
Proposer to perform Central Island Emergency Outfalls Improvements in the City of Sunny Isles
Beach, Florida. The project is located on North Bay Road between 180th Drive and 183rd Street
in the City. The proposed project consists of installing three new 24-inch outfalls and re-
establishing an existing 16-inch outfall in connection to the existing stormwater management
system and discharging to Dumfoundling Bay.
The contract will be awarded by the City to the Proposer whose proposal best serves the interests
of, and represents the best value to, the City in accordance with the criteria set forth in Section
62-8 of the City Code.
The City reserves the right to reject any or all proposals, with or without cause, to waive
technical errors and informalities, and to accept the proposal which best serves the interest of and
represents the best value to the City.
3
-
Any questions regarding RFP No, 10-08-01 are to be directed in writing to Jorge Vera, Assistant
City Manager, at the following address: 18070 Collins Avenue, Sunny Isles Beach, Florida
33160. Alternatively, any questions may be sent via email to:JVera@sibfl.net.
Any questions or clarifications concerning the proposal specifications must be received by Jorge
Vera, Assistant City Manager, in writing at least seven (7) business days prior to the date of the
proposal opening.
For further information, please contact Jorge L. Vera, Assistant City Manager, at 305-792-1912.
Jane A. Hines, CMC, City Clerk
City of Sunny Isles Beach
4