HomeMy Public PortalAbout21-9926 Agreement with Landshore EnterprisesSponsored By: City Manager
RESOLUTION NO. 21-9926
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH LANDSHORE ENTERPRISES,
LLC FOR THE COMPLETION OF PHASE 1 OF THE BURLINGTON
STREET CANAL PROJECT IN AN AMOUNT OF FIVE HUNDRED
ONE THOUSAND, EIGHTY-FOUR DOLLARS ($501,084.00); FURTHER
APPROVING A TEN PERCENT (10%) CONTINGENCY BUDGET IN
THE TOTAL AMOUNT OF FORTY FIVE THOUSAND, FIVE
HUNDRED FIFTY THREE DOLLARS ($45,553.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, on January 22, 2014, the City Commission of the City of Opa-Locka ("City
Commission") adopted Resolution 14-8748 to accept Seven Hundred Thousand Dollars
($700,000) in financial assistance from the Florida Department of Environmental
Protection Agency (FDEP), which is identified with the grant funding #LP13035, to
restore the Burlington Street Canal with the City of Opa-Locka ("City"); and
WHEREAS, on May 14, 2014, the City Commission adopted Resolution 14-8792
authorizing the City Manager to issue a Request for Proposal (RFP) for design -build
services for Burlington Street Canal dredging, bank restoration, and stabilization with
slope correction ("Burlington Street Canal Project")("Project"); and
WHEREAS, the City Manager has confirmed that all CCNA services in connection
with Section 287.055, Florida Statutes have been completed with only construction
services remaining; and
WHEREAS, in response to the prior RFP, Landshore Enterprises, LLC ("Contractor")
was selected by the Evaluation Committee as the No. 1 ranked company. Further, the
City Commission adopted Resolution 14-8841, approving the City Manager to enter into
an Agreement with said firm for an amount of One million, Six Hundred Thirty -Six
Thousand, One Hundred Sixty -Seven Dollars ($1,636,167), which was to cover all three
phases of the Project; and
WHEREAS, following passage of Resolution 14-8841, the City Manager executed an
agreement with Landshore Enterprises, LLC to complete Phase I for Seven Hundred
Thousand Dollars ($700,000), to be reimbursed by the FDEP grant after the City paid the
Contractor. During Fiscal Year 2015, all capital projects fell behind. Consequently, the
Contractor eventually demobilized the instant Burlington Street Canal Project; and
WHEREAS, the City Manager seeks to remobilize Burlington Street Canal Project by
entering into an Agreement with Landshore Enterprises, LLC; and
Resolution No. 21-9926
WHEREAS, Section 2-318 (4) (a) of the of the City's Purchasing Code (as approved by
Ordinance 2020-07) exempts "services involving special skill, ability, training, or
expertise, which in their nature are unique, original or creative" from competitive
procurement; and
WHEREAS, Landshore Enterprises, LLC's expertise of the Burlington Street Canal is
unique in that Contractor is uniquely familiar with the project in a way that no other
potential contractor could be as the firm has already developed the design basis for the
three phases and has completed half of Phase I. It is recommended by the City Manager
that continuing with the Contractor is the best interest of the City to save critical time and
money; and
WHEREAS, the original proposal for Phase I of the Project was Seven Hundred
Thousand Dollars ($700,000), of which the Contractor has received Three Hundred Forty
Six Thousand, Six Hundred Twenty -Four Dollars ($346,624). Due to the inactivity on the
project, some permits and bonds have expired, certain trees impacted by the Hurricane
Irma need to be removed and re-evaluation is required in order to validate existing
conditions. The Contractor has proposed a change order of One Hundred Two Thousand,
One Hundred Fifty -Five Dollars ($102,155.00) to cover these additional conditions that
were not present when the project was demobilized in 2015. Consequently, Four
Hundred Fifty -Five Thousand, Five Hundred Thirty -One Dollars (S455,531.00) is now
required to finish Phase I; and
WHEREAS, in addition to the Four Hundred Fifty -Five Thousand, Five Hundred
Thirty -One Dollars (S455,531.00) proposed to finish Phase I, it is recommended that an
additional 10% contingency of Forty Five Thousand, Five Hundred Fifty -Three Dollars
(S45,553.00) be established for use in the event that further change orders become
necessary; and
WHEREAS, the City Commission finds it in the best interest of the City to remobilize
the Burlington Street Canal Project and enter into an agreement with Landshore
Enterprises, LLC., attached hereto as Exhibit "A", to complete Phase 1 of the Burlington
Street Canal Project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA- LOCKA, FLORIDA:
SECTION 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 21-9926
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-Locka, Florida hereby authorizes the City
Manager to enter into an agreement with Landshore Enterprises, LLC., for completion of
Phase 1 of the Burlington Street Canal Project, described hereto in Exhibit "A".
SECTION 3. SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors may be made that do not affect the intent of this Resolution as may
be authorized by the City Manager, and approved by the City Attorney as to form,
without the need of a public hearing, by filing a corrected copy of same with the City
Clerk.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED and ADOPTED this 27th day of October, 2021.
Matthew A. Pigatt, Mayor
ATTEST:
Jo\. nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Resolution No. 21-9926
Moved by: Vice Mayor Williams
Seconded by: Commissioner Taylor
VOTE: 4-0
Commissioner Bass YES
Commissioner Davis ABSENT
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Signature:
.�, ,
-,Signature:
4
City
Manager:
John E. Pate
CM Signature:
Commission
Meeting
Date:
10/27/2021
Item Type:
(EnterXin box)
Resolution
Ordina e
+ er
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(EnterXin box)
ist Reading
21/d Reading
X
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex:
See Financial
Impact Section
Advertising Requirement:
(EnterXin box)
Yes
No
X
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(EnterXin box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Area:
Strategic Plan 04/Strategy:
(list the specific objective/strategy this
item will address)
X
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
m
El
so
Sponsor
Name
City Manager
Department
City Manager
BURLINGTON STREET CANAL PROJECT - COMPLETION OF PHASE -I
Staff Summary.
On January 22, 2014, the City Commission adopted Resolution 14-8748 to accept $700,000 in
Financial Assistance from the Florida Department of Environmental Protection Agency (FDEP)
identified with the grant funding LP13035 to restore Burlington Street Canal. Around May of the same
year, the City Commission adopted Resolution 14-8792 authorizing the City Manager to issue a
Request for Proposal (RFP) for design -build services for Burlington Street Canal dredging, bank
restoration, and stabilization with slope correction. In response to the RFP, Landshore Enterprises
was selected by the Evaluation Committee as the No. 1 ranked company, and the City Commission
adopted Resolution 14-8841 approving the City Manager to enter into an Agreement with the firm
for $1,636,167. This amount covered the three phases of the project.
After Resolution 14-8841, the City Manager executed an agreement with Landshore Enterprises to
complete Phase I for $700,000, to be reimbursed by the FDEP grant after the City paid the
Contractor. During Fiscal Year 2015 all capital projects fell behind. The Contractor eventually
demobilized this project.
Staff is seeking Commission's approval to remobilize Burlington Street Canal Project by entering
into an agreement with Landshore Enterprises, LLC. The firm is very familiar with the project,
has already developed the design basis for the three phases, as such CCNA services are
complete, and has completed half of Construction scope for Phase I. Therefore, it is
recommended that continuing with the firm is the best interest of the City to save critical time
and money rather than starting over. Section 2-317 (4) (o) of the City Code of Ordinances
authorizes the waiving of competitive bidding when deemed to be in the City's best interest.
The original proposal for Phase I was $700,000, of which the Contractor has received $346,624.
Due to the inactivity for many years, some permits and bonds have expired, some trees impacted by
the Hurricane Irma need to be removed, and re-evaluation is required to validate existing conditions.
The Contractor has proposed a change order of $102,155 to cover these additional conditions not
present when the project was demobilized in 2015. Consequently, $455,531 is required to finish
Phase I.
Financial Impact
This project was originally budgeted for FY 21 for $490,000 with $353,376 of grant funding and the
remainder coming from Stormwater Fund revenue. In addition to the $455,531 proposed to finish
this phase, it is recommended that an additional 10% contingency, $45,553, be established for use
in the event that further change orders become necessary. This will now be a FY 22 project and
will require a budget amendment for $501,084, utilizing the $353,376 grant and the
$136,623 of Stormwater funds not used in FY 21, as well as an additional $11,084 of Stormwater
funds since the project will now exceed the FY 21 budget by that amount.
Account
Description
Available
Project
Remaining
Balance
Funding
450-334700
State Grants (1P13035)
$353,376
$353,376
—
450-3 83010
Transfer In — Fund Balance
$932,690
$147,708
$784,982
$501,084
E, Renditure
44-5356278
Burlington Street Canal
$501,084
$501,084
—
Proposed Action:
Staff recommends that the City Commission authorize the City Manager to enter into an agreement
with Landshore Enterprises for $455,531 to finish Phase I of the Burlington Street Canal project and
further approves the establishment of a 10% contingency ($45,553) for utilization if a need arises for
further change orders.
Attachment:
1. Agenda
2. Resolution 14-8748, Accepting $700,000 from FDEP for Burlington Canal Project
3. Resolution 14-8792, RFP for Burlington Street Canal
4. Resolution 14-8841, Authorizing the City Manager to enter into an Agreement with
Landshore Enterprises for $1,636,167.00
5. Opa-locka Contract w. Landshore Enterprises for the Completion of Phase -1 of Burlington
Street Canal Project.
Sponsored by: City Manager
RESOLUTION NO. 14-8748
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ACCEPT THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP), STATE
FINANCIAL ASSISTANCE AGREEMENT GRANT AWARD,
FOR THE BURLINGTON CANAL DREDGING AND SIDE
SLOPE RESTORATION PROJECT, IN THE AMOUNT OF
$700,000.00; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka ("City") desires to restore the
Canal Bank for the Burlington Canal; and
WHEREAS, to ensure required slope compliance with the South Florida Water Management
District regulations, the canal has to be restored; and
WHEREAS, the Florida Department of Environmental Protection ("FDEP") has awarded
the City a $700,000.00 grant, with a match from the City of $1,302,000.00; and
WHEREAS, additional funding has been requested under an application to the EPA State
Revolving Loan to lessen the match from the City; and
WHEREAS, the City Commission desires to authorize the City Manager to accept the
Florida Department of Environmental Protection (FDEP), State Financial Assistance Agreement
Grant award.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, hereby authorizes the City
Manager to the City Manager to accept the Florida Department of Environmental Protection (FDEP),
Resolution No. 14-8748
State Financial Assistance Agreement Grant award, for the Burlington Canal dredging and side slope
restoration project, in the amount of $700,000.00.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 22nd day of January, 2014.
st to:
J• . a Flores
City Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Johnson:
Commissioner Santiago:
Vice -Mayor Kelley:
Mayor Taylor:
A roved as
o fo and legal ,L` ciency:
Jo ':' " S. eller
G j ENS ' ON MARDER PA
& y Attorney
COMMISSIONER HO MES
COMMISSIONER SANTIAGO
5-0
YES
YES
YES
YES
YES
City of Opa-Locka
Agenda Cover Memo
Commission Meeting
Date:
January 22, 2014
Item Type:
(Enter X in
box)
X
Fiscal Impact:
(Enter X in box)
X
Ordinance Reading:
(Enter X in box)
Public Hearing:
(Enter X in box)
Funding Source:
(Enter Acct Na)
Contract/P.O. Required:
(Enter X in box)
Strategic Plan Related
(Enter X in box)
(Enter Fund &
Dept)
FDEP & City of
• e a-locka
X
Advertising Requirement:
(Enter X in box)
X
X
X
RFP/RFQBid #:
TBD
Strategic Plan Priority
Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communcation
Strategic Plan Obj./Strategy:
(list the specific objective/strategy
this item will address)
Increase public health safety and
Economic Growth.
Sponsor Name
City Manager
Department:
CIP
The Burlington Street Canal current does not comply with required slope per South Florida Water
Management District criteria. The Canal has progressive bank erosion which is already impacting the
adjacent private properties. The bank is very sharp and uneven and is health hazard. The existing
condition of the Canal bank has placed the City in great liability as residents are complaining about the
threat to their property and the threat to public safety. The unprotected Canal bank is degrading the
surface water quality and canal is losing its aesthetic view.
Staff is strongly recommending the approval of the resolution to accept this funding and seek additional
resources of funding so that we can minimize further damage to our infrastructure and mitigate any
further damages to the public and property threats felt by our residents.
Staff recommends the adoption of the Resolution to authorize the City Manager to accept funding from
the Florida Department of Environmental Protection (FDEP) in the amount of $700,000.00 and a match
from the City in the amount of $1,302,000.00. Additional sources of funding to lessen the match by the
City, is already underway under the EPA State Revolving Loan.
Agreement # LP 13035
TO:
Mayor
Vice -Mayor
Commissioner
Commissioner
Commissioner
Memorandum
Myra L. Taylor
Joseph L. Kelley
Timothy Ho
orothy
uis B. S
FROM: Kelvin L. Baker, Sr., City Ma
DATE: January 22, 2014
RE:
ohnson
Authorization to accept the Florida Department of Environmental Protection
Grant # LP 13035 for the Burlington Canal Dredging and Side Slope Restoration
Project
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT THE FLORIDA DEPARTMENT OF
ENVIRONMETNAL PROTECTION STATE FINANCIAL ASSISTANT AGREEEMENT GRANT
(FDEP) AWARD, IN THE AMOUNT OF $700,000.00 (SEVEN HUNDRED THOUSAND DOLLARS)
FOR THE BURLINGTON CANAL DREDGING AND SIDE SLOPE RESTORATION PROJECT)
Description: The Canal bank has to be restored to ensure required slope compliance with the
South Florida Water Management District regulations. The slope restoration will enhance
public safety, address surface water quality and will also protect adjacent properties. The
restoration and related dredging will improve the environmental conditions and also the surface
water and canal aesthetic.
Financial Impact: These funds will reduce the project funding gap and allow the City to
complete the rehabilitation of Burlington Canal Dredging and Slide Slope. The project budget
from the FDEP grant is a partial of $700,000 with a City Match of $1,302.000.00 funding
totaling $2,002,000.00 for the project. Additional funding has been requested under our
application for the EPA State Revolving Loan Application in order to lessen the match from the
City.
Implementation Time Line: Procurement Process, and Implementation
Legislative History: N/A
Recommendation(s): Staff recommends the adoption of the Resolution - to authorize . the
acceptance of the FDEP award and further to authorize the City Manager to accept any
additional funds awarded by FDEP for the Rehabilitation of The Burlington Canal Dredging and
Slide Slope Restoration and to enter into and execute the necessary agreement. In executing the
contract, the city can begin the construction phase.
Analysis: The Burlington Street Canal current does not comply with required slope per South
Florida Water Management District criteria. The Canal has progressive bank erosion which is
already impacting the adjacent private properties. The bank is very sharp and uneven and is
health hazard. The existing condition of the Canal bank has placed the City in great liability as
residents are complaining about the threat to their property and the threat to public safety. The
unprotected Canal bank is degrading the surface water quality and canal is losing its aesthetic
view.
Attachment(s): DEP Agreement No. LP13035 Page 1 of 10
Prepared By: Delia Rosa Kennedy, Grant Administrator
END OF MEMORANDUM
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MARTINEZ CENTER
2600 BLAIRSTONE ROAD MS 3505
TALLAHASSEE, FLORIDA 32399-2400
December 5, 2013
Ms. Delia Rosa Kennedy
Grant Administrator
City of Opa-Locka
3400 135th Street Northwest, Bldg B
Opa-Locka, Florida 33054
Re: LP13034 and LP13035 - Opa-Locka
Sewer Lift Station Rehabilitation and
Burlington Canal Dreding and Side Slope Restoration
Dear Ms. Kennedy:
( AI. R I YR.
11.:IZti('I II :I . 1. \ I\1':\IZ!) .Ik.
i!.(• I \1Z1
Enclosed are two original copies of each proposed Legislative Project grant Agreement
for the City's wastewater and stormwater improvement projects.
Please have the City Manager sign on page 10 of each of the enclosed copies. Return all
copies to us within three weeks at 2600 Blair Stone Road, MS 3505, Tallahassee, Florida,
32399-2400. We will sign the documents and mail a fully executed original of each to
the City. If you have any questions, please call Sandy Waters at(850) 245-8382.
Sincerely,
iL \CLUCIL
Ang Knecht, Program Administrator
State Revolving Fund Management
AK/sw
Enclosures
cc: Kelvin Baker - City of Opa-Locka
Mohammad Nasir - City of Opa-Locka
Charmaine Parchment - City of Opa Locka
11'11' $1'. 1I.1'
coPY
STATE FINANCIAL ASSISTANCE AGREEMENT
CITY OF OPA-LOCKA
DEP AGREEMENT NO. LP13035
STATE OF FLORIDA
GRANT ASSISTANCE
PURSUANT TO LINE ITEM 1640C OF THE 2013-2014
GENERAL APPROPRIATIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505,
Tallahassee, Florida 32399-2400 (hereinafter referred to as the "Department") and the CITY OF
OPA-LOCKA, whose address is 3400 135th Street Northwest, Opa-Locka, Florida 33054
(hereinafter referred to as "Grantee"), a local government under the laws of the State of Florida,
to provide funds for the Burlington Canal Dredging and Side Slope Restoration project.
Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a
"Party."
In consideration of the mutual benefits to be derived from this Agreement, the
Department and the Grantee do hereby agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions
set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits
named and attached hereto, which are incorporated by reference.
2. This Agreement shall be effective on July 1, 2013 and end no later than January 31, 2015,
inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the
effective date through the expiration date of this Agreement. This Agreement may be amended
to provide for additional services if additional funding is made available by the Legislature.
3. A. As consideration for the services satisfactorily rendered by the Grantee under the
terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement
basis an amount not to exceed $700,000 toward the total estimated project cost of
$2,002,000. The parties hereto understand and agree that this Agreement does not require
a.match on the part of the Grantee. If the Grantee finds, after receipt of competitive bids,
that the work described in Attachment A cannot be accomplished for the current
estimated project cost, the parties hereto agree to modify the Project Work Plan described
in Attachment A, by amendment of this Agreement, to provide for the work that can be
accomplished for the funding identified above.
B. The Grantee shall request reimbursement for all eligible project costs upon receipt
and acceptance of the deliverable(s) identified in Attachment A, utilizing a properly
completed Disbursement Request Package (provided as Attachment B). All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -
audit and post -audit thereof. A final Disbursement Request Package must be submitted
Revised 10/13
DEP Agreement No. LP13035, Page 1 of 10
to the Department no later than April 30, 2015, to assure the availability of funds for
payment. The Disbursement Request Package must include:
(1) A completed Disbursement Request Form signed by the Grantee's Grant
Manager. Such requests must be accompanied by sufficiently itemized summaries
of the materials, labor, or services to identify the nature of the work performed;
the amount expended for such work; and the person providing the service or
performing the work and proof of payment of the invoices; and,
(2) A certification signed by the Grantee's Grant Manager as to the current
cost of the Project; that the materials, labor, or services represented by the invoice
have been satisfactorily purchased or performed and applied to the project; that all
funds expended to date have been applied toward completing the Project; and,
(3) If construction is included in Attachment A, a certification by the
Engineer responsible for overseeing construction is necessary. The certification
must state that equipment, materials, labor and services represented by the
construction invoices have been satisfactorily invoiced, purchased, received,
approved and applied to the Project, as described in the Project Work Plan
(Attachment A), in accordance with construction contract documents; state that
payment is in accordance with construction contract provisions; state that
construction, up to the point of the request, is in compliance with the contract
documents; and identify all additions or deletions to the Project which have
altered the Project's performance standards, scope, or purpose since the issue of
the Department construction permit; and,
(4) Such other certificates or documents by engineers, attorneys, accountants,
contractors, or suppliers as may reasonably be required by the Department.
C. The State Chief Financial Officer requires detailed supporting documentation of
all costs under a cost reimbursement agreement. In accordance with the Attachment C,
Contract Payment Requirements, the Grantee shall comply with the minimum
requirements set forth therein. The Disbursement Request Package Form in Attachment
B shall be accompanied by supporting documentation and other requirements as follows:
Contractual (Subcontractors) - Reimbursement requests for payments to
subcontractors must be substantiated by copies of invoices with backup
documentation identical to that required from the Grantee. Subcontracts which
involve payments for direct salaries of the subcontractor's employees shall clearly
identify the personnel involved, salary rate per hour, and hours/time spent on the
project. All multipliers used (i.e. fringe benefits, overhead, and/or general and
administrative rates) shall be supported by audit. If the Department determines
that multipliers charged by any subcontractor exceeded the rates supported by
audit, the Grantee shall be required to reimburse overpayments resulting from use
of these excessive multipliers to the Department within thirty (30) days of written
notification. Interest on the excessive charges shall be calculated based on the
Revised 10/13
DEP Agreement No. LP13035, Page 2 of 10
prevailing rate used by the State Board of Administration. For fixed price
(vendor) subcontracts, the following provisions shall apply:
a. The Grantee may award, on a competitive basis, fixed price
subcontracts to consultants/contractors in performing the work described
in Attachment A. Invoices submitted to the Department for fixed price
subcontracted activities shall be supported with a copy of the
subcontractor's invoice and a copy of the tabulation form for the
competitive procurement process (Invitation to Bid or Request for
Proposals) resulting in the fixed price subcontract.
b. The Grantee may request approval from the Department to award a
fixed price subcontract resulting from procurement methods other than
those identified in the paragraph above. In this instance, the Grantee shall
request the advance written approval from the Department's Grant
Manager of the fixed price negotiated by the Grantee. The letter of request
shall be supported by a detailed budget and Scope of Services to be
performed by the subcontractor. Upon receipt of the Department Grant
Manager's approval of the fixed price amount, the Grantee may proceed in
finalizing the fixed price subcontract.
c. All subcontracts are subject to the provisions of paragraph 12 and
any other appropriate provisions of this Agreement which affect
subcontracting activities.
D. In addition to the invoicing requirements contained in paragraph 3.B and C.
above, the Department will periodically request proof of a transaction (invoice, payroll
register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State
and Federal guidelines (including cost allocation guidelines), as appropriate. This
information when requested must be provided within thirty (30) calendar days of such
request. The Grantee may also be required to submit a cost allocation plan to the
Department in support of its multipliers (overhead, indirect, general administrative costs,
and fringe benefits).
E. State guidelines for allowable costs can be found in the Department of Financial
Services' Reference Guide for State Expenditures at
http://www.fldfs.com/aadir/reference%5Fguide.
4. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. The Parties understand that this
Agreement is not a commitment of future appropriations.
5. Progress Reports (Attachment D) shall be submitted quarterly describing the work
performed, problems encountered, problem resolution, schedule updates andproposed proposed work for
the next reporting period. Reports shall be submitted to the Department's Grant Manager no
Revised 10/13
DEP Agreement No. LP13035, Page 3 of 10
later than twenty (20) days following the completion of the reporting period. It is hereby
understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters
ending March 31, June 30, September 30 and December 31. The Final Project Report shall be
submitted no later than the completion date of the Agreement. The Department's Grant Manager
shall have ten (10) calendar days to review the required reports and deliverables submitted by the
Grantee.
6. Each Party agrees that it shall be solely responsible for the negligent or wrongful acts of
its employees and agents. However, nothing contained herein shall constitute a waiver by either
Party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
7. A. The Department may terminate this Agreement at any time in the event of the
failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to
termination, the Department shall provide thirty (30) calendar days written notice of its
intent to terminate and shall provide the Grantee an opportunity to consult with the
Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the
Grantee with thirty (30) calendar days written notice.
8. No payment will be made for deliverables deemed unsatisfactory by the Department. If a
deliverable is deemed unsatisfactory, the Grantee shall re -perform the services needed for
submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10)
days after notification that the deliverable was unsatisfactory. If a satisfactory deliverable is not
submitted within the specified timeframe, the Department may, in its sole discretion, either: 1)
terminate the Agreement for failure to perform, or 2) the Department Grant Manager may, by
letter specifying the failure of performance under the Agreement, request that a proposed
Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must
be able to be implemented and performed in no more than sixty (60) days after approval by the
Department.
A. A CAP shall be submitted within ten (10) business days of the date of the letter
request from the Department. The CAP shall be sent to the Department Grant Manager
for review and approval. Within ten (10) business days of receipt of a CAP, the
Department shall notify the Grantee in writing whether the CAP proposed has been
accepted. If the CAP is not accepted, the Grantee shall have ten (10) business days from
receipt of the Department's letter rejecting the proposal to submit a revised proposed
CAP. Failure to obtain the Department's approval of a CAP as specified above shall
result in the Department's termination of this Agreement for cause as authorized in this
Agreement.
B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall
have ten (10) calendar days to commence implementation of the accepted plan.
Acceptance of the proposed CAP by the Department does not alter or amend the
Grantee's obligations under this Agreement. If the CAP fails to correct or eliminate
Revised 10/13
DEP Agreement No. LP13035, Page 4 of 10
performance deficiencies _by__the Grantee, the Department__ shall retain the right to require
additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by the Department or steps taken by the Grantee shall serve to
condone, forgive or estop the Department from asserting subsequent deficiencies in
performance. The Grantee shall continue to implement the CAP until all deficiencies are
corrected. Reports on the progress of the CAP will be made to the Department as
requested by the Department Grant Manager.
C. Failure to respond to the Department's request for a CAP or failure to correct a
deficiency in the performance of the Grantee as specified by the Department may result in
termination of this Agreement.
The remedies set forth above are not exclusive and the Department reserves the right to
exercise other remedies in addition to or in lieu of those set forth above.
9. This Agreement may be unilaterally canceled by the Department for refusal by the
Grantee to allow public access to all documents, papers, letters, or other material made or
received by the Grantee in conjunction with this Agreement, unless the records are exempt
pursuant to Section 24(a) of Article 1 of the State Constitution, Section 119.07(1), Florida
Statutes, or other statute.
10. The Grantee shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. The Department, the State, or their authorized representatives shall have
access to such records for audit purposes during the term of this Agreement and for five (5) years
following Agreement completion. If any work is subcontracted, the Grantee shall similarly
require each subcontractor to maintain and allow access to such records for audit purposes.
11. A. In addition to the requirements of the preceding paragraph, the Grantee shall
comply with the applicable provisions contained in Attachment E, Special Audit
Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to
Attachment E summarizes the funding sources supporting the Agreement for purposes of
assisting the Grantee in complying with the requirements of Attachment E. A revised
copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes
a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1,
the Grantee shall notify the Department's Grants Manager identified in paragraph 17 of
this Agreement.
B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this
Agreement. The Grantee shall consider the type of financial assistance (federal and/or
state) identified in Attachment E, Exhibit 1 when making its determination. For federal
financial assistance, the Grantee shall utilize the guidance provided under OMB Circular
A-133, Subpart B, Section .210 for determining whether the relationship represents
that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize
Revised 10/13
DEP Agreement No. LP13035, Page 5 of 10
the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs.
Vendor Determination" (form number DFS-A2-NS) that can be found under the
"Links/Forms" section appearing at the following website:
https://apps.fldfs.com/fsaa
The Grantee should confer with its chief financial officer, audit director or contact the
Department for assistance with questions pertaining to the applicability of these
requirements.
12. The Grantee may subcontract, assign, or transfer any work under this Agreement without
the written consent of the Department's Grant Manager, except as provided in paragraph 3.C.b.
Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed
under this Agreement. The Grantee shall submit a copy of the executed subcontract to the
Department within ten (10) business days after execution. The Grantee agrees to be responsible
for the fulfillment of all work elements included in any subcontract and agrees to be responsible
for the payment of all monies due under any subcontract. It is understood and agreed by the
Grantee that the Department shall not be responsible to any subcontractor for any expenses or
costs incurred under the subcontract and that the Grantee shall be solely responsible to the
subcontractor for all expenses and costs incurred under the subcontract.
13. The Department of Environmental Protection supports diversity in its procurement
program and requests that all subcontracting opportunities afforded by this Agreement embrace
diversity enthusiastically. The award of subcontracts should reflect the full diversity of the
citizens of the State of Florida. A list of minority owned firms that could be offered
subcontracting opportunities may be obtained by contacting the Florida Department of
Management Services, Office of Supplier Diversity, at (850) 487-0915.
14. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited
from using funds provided by this Agreement for the purpose of lobbying the Legislature, the
judicial branch or a state agency.
15. The Grantee shall comply with all applicable federal, state and local rules and regulations
in providing services to the Department under this Agreement. The Grantee acknowledges that
this requirement includes, but is not limited to, compliance with all applicable federal, state and
local health and safety rules and regulations. The Grantee further agrees to include this provision
in all subcontracts issued as a result of this Agreement.
16. Any notices between the Parties shall be considered delivered when posted by Certified
Mail, return receipt requested, overnight courier service, electronic mail (e-mail) or delivered in
person to the Grant Managers at the addresses below.
17. The Department's Grant Manager for this Agreement is identified below.
Revised 10/13
DEP Agreement No. LP13035, Page 6 of 10
Sandy Waters
State Revolving Fund Management
Florida Department of Environmental Protection
2600 Blair Stone Road, MS 3505
Tallahassee, Florida 32399-2400
Phone: (850) 245-8382
Fax: (850) 245-8411
Email: Sandra.waters@dep.state.fl.us
Any changes to the contact information shown above must be reduced to writing in the
form of a Change Order to this Agreement.
18. The Grantee's Grant Manager for this Agreement is identified below.
Delia Rosa Kennedy
City of Opa-Locka
3400 135th Street Northwest, Building B
Opa-Locka, Florida 33054
Phone: (305) 953-2868
Fax: (305) 953-2900
Email: DKennedy@opalockafl.gov
Any changes to the contact information shown above must be reduced to writing in the
form of a Change Order to this Agreement.
19. To the extent required by law, the Grantee will be self -insured for worker's
compensation, or will secure and maintain during the life of this Agreement, Workers'
Compensation Insurance for all of Grantee's employees connected with the work of this project
and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to
provide Workers' Compensation Insurance for all of its employees unless such employees are
covered by the protection afforded by the Grantee. Any self-insurance program or insurance
coverage shall comply fully with the Florida Workers' Compensation law. In case any class of
employees engaged in hazardous work under this Agreement is not protected under Workers'
Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide,
adequate insurance satisfactory to the Department, for the protection of those employees not
otherwise protected.
20. A. The Grantee shall secure and maintain Commercial General Liability insurance
including bodily injury and property damage. The minimum limits of liability shall be
$100,000 each occurrence and $300,000 aggregate. This insurance will provide coverage
for all claims that may arise from the services and/or operations completed under this
Agreement, whether such services and/or operations are by the Grantee or anyone directly
or indirectly employed by him.
Revised 10/13
DEP Agreement No. LP13035, Page 7 of 10
B. The Grantee shall secure and maintain Commercial Automobile Liability
insurance for all claims which may arise from the services and/or operations under this
Agreement, whether such services and/or operations are by the Grantee or by anyone
directly or indirectly employed by him. The minimum limits of liability shall be as
follows:
$300,000 Automobile Liability Combined Single Limit for Company
Owned Vehicles, if applicable
$300,000 Hired and Non -owned Liability Coverage
C. All insurance policies shall be with insurers licensed or eligible to do business in
the State of Florida. The Grantee's current certificate of insurance shall contain a
provision that the insurance will not be canceled for any reason except after thirty (3 0)
days written notice (with the exception of non-payment of premium which requires a 10
day notice) to the Department's Procurement Administrator. Such insurance shall include
the State of Florida as an Additional Insured for the entire length of the Agreement.
21. The Grantee covenants that it presently has no interest and shall not acquire any interest
that would conflict in any manner or degree with the performance of services required.
22. The reimbursement of non expendable personal property or equipment costing $1,000 or
more is not authorized under the terms of this Agreement.
23. The Department may at any time, by written order designated to be a change order, make
any change in the Grant Manager information or task timelines within the current authorized
Agreement period. All change orders are subject to the mutual agreement of both parties as
evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or
time, shall require formal amendment to this Agreement.
24. A. No person, on the grounds of race, creed, color, national origin, age, sex, or
disability, shall be excluded from participation in; be denied the proceeds or benefits of;
or be otherwise subjected to discrimination in performance of this Agreement.
B. An entity or affiliate, as defined in section 287.134, Florida Statutes, who has
been placed on the discriminatory vendor list may not submit a bid on a contract to
provide goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work
as a contractor, supplier, subcontractor, or consultant under contract with any public
entity, and may not transact business with any public entity. The Florida Department of
Management Services is responsible for maintaining the discriminatory vendor list and
intends to post the list on its website. Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Office of Supplier
Diversity, at (850) 487-0915.
Revised 10/13
DEP Agreement No. LP13035, Page 8 of 10
25. A. The accounting systems for all Grantees must ensure that funds awarded by this
grant are not commingled with funds from other agencies. Funds from each agency must
be accounted for separately. Grantees are prohibited from commingling funds on either a
program -by -program or a project -by -project basis. Funds specifically budgeted and/or
received for one project may not be used to support another project. Where a Grantee's,
or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or
subrecipient, shall establish a system to provide adequate fund accountability for each
project it has been awarded.
B. If the Department finds that these grant funds have been commingled, the
Department shall have the right to demand a refund, either in whole or in part, of the
funds provided to the Grantee under this Agreement for non-compliance with the material
terms of this Agreement. The Grantee, upon such written notification from the
Department shall refund, and shall forthwith pay to the Department, the amount of money
demanded by the Department. Interest on any refund shall be calculated based on the
prevailing rate used by the State Board of Administration. Interest shall be calculated
from the date(s) the original payment(s) are received from the Department by the Grantee
to the date repayment is made by the Grantee to the Department.
C. If the Grantee recovers costs, incurred under this Agreement and reimbursed by
the Department, from another source(s), the Grantee shall reimburse the Department for
all recovered funds originally provided under this Agreement. Interest on any refund
shall be calculated based on the prevailing rate used by the State Board of Administration.
Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee
to the date repayment is made to the Department by the Grantee.
26. Land acquisition is not authorized under the terms of this Agreement.
27. This Agreement has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall
be interpreted in such manner as to be effective and valid under applicable law, but if any
provision of this Agreement shall be prohibited or invalid under applicable law, such provision
shall be ineffective to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement. Any action hereon
or in connection herewith shall be brought in Leon County, Florida.
28. This Agreement represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this Agreement shall only be valid
when they have been reduced to writing, duly signed by each of the parties hereto, and attached
to the original of this Agreement, unless otherwise provided herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Revised 10/13
DEP Agreement No. LP13035, Page 9 of 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed,
the day and year last written below.
CITY OF OPA-LOCKA STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: By:
City Manager Program Administrator
State Revolving Fund
Date:
FEID No.:
Date:
Sandy Waters, DEP Grant Manager
Approved as to form and legality:
List of attachments/exhibits included as part of this Agreement:
Specify Letter/ Description (include number of pages)
Type Number
Attachment
Attachment
Attachment
Attachment
Attachment
A Project Work Plan (3 Pages)
B Disbursement Request Package (3 Pages)
C Contract Payment Requirements (1 Page)
D Progress Report Form (1 Page)
E Special Audit Requirements (5 Pages)
Revised 10/13
DEP Agreement No. LP13035, Page 10 of 10
ATTACHMENT A
GRANT WORK PLAN
CITY OF OPA-LOCKA
LP13035
Project Title: Burlington Canal Dredging and Side Slope Restoration
Project Location: The Burlington Canal is located on Burlington Street and NW 22°6 Avenue
in the City of Opa-locka, Miami -Dade County.
Project Background: The Burlington Street Canal currently does not comply with required
slope per South Florida Water Management District criteria. The Canal has progressive bank
erosion which is already impacting the adjacent private properties. The bank is very sharp and
uneven and is a health hazard. The existing condition of the Canal bank bas placed the City in
great liability as residents are complaining about the threat to their property and the threat to
public safety. The unprotected Canal bank is degrading the surface water quality and canal is
losing its aesthetic view.
:
Project Description: The Canal bank has to be restored to ensure required slope compliance
with the South Florida Water Management District regulations. The slope restoration will
enhance public safety, address surface water quality and will also protect adjacent properties.
The restoration and related dredging will improve the environmental conditions and also the
surface water and canal aesthetic.
Task: The following are the project task:
Task Description
Task 1 - Engineering Services $ 150,000.00
Task 2 - Bidding and Awarding of Project $ 2,000.00
Task 3 - Construction $1,850,000.00
Task 4 - Closeout & Dedication $ 0.00
Cost:
FDEP Fund: $ 700,000.00
City Fund: $1,302,000.00
Total fund: $2,002,000.00
Task 1- Engineering Services
Cost: $150,000.00- DEP (75,000 and City 75,000)
1.Deliverable(s): bid tabulation, and copy of engineering services contract
Performance Measures: The DEP budget manager will review deliverables to ensure they meet
the criteria for reimbursement
Revised 4/12
DEP Agreement LP13035, Attachment A, Page 1 of 3
Completion Date: February 2014
Budget Information
Contractual: DEP $75, 000 Total $150,000.00 to a Design Engineering Consultant
Task 2 — Construction Bidding and Awarding of Project
A contractor is necessary to provide the City with Construction services as required for this
project. The contract will be awarded via a competitive bidding process.
Cost: City $2,000.00 DEP Funding: $ 0.00
City Funding: $ 2,000.00
la.Deliverable(s): bid tabulation and copy of construction contract, copy of performance
bond
Performance Measures: The DEP grant manager will review the deliverable to ensure it meet
the criteria.
Completion Date: May 2014
Budget Information
Contractual: City 2,000
Task 3 - Construction
Cost: $1,850,000.00 DEP $625,000 and the City $1,225,000
la.Deliverable(s): Copy of bid tabulation, copy of contract, Copy of contractors application
for payment with supporting invoices
Performance Measures: The DEP grant manager will review the deliverables to ensure they
meet the criteria.
Completion Date: - 5 months (actual date is contingent upon execution of agreement with FDEP
and the City, agency approval of contractor selection and completion of the construction
documents). December 2014
Budget Information
Contractual: DEP $625,000, City $1,225,000 for total $1,850,000.00 to Contractor to complete
the construction of the Canal.
Task 4 - Closeout & Dedication — Is required for successful completion of the project.
Cost: $0.00
la.Deliverable(s): Canal completed
Performance Measures:
1. Final Site Inspection
2. As Built Plan
Completion Date: - 1 months (actual date is contingent upon execution of agreement with FDEP
and the City, agency approval of contractor selection, completion of the construction documents
and construction of the lift stations). January 2015
Contractual: N/A
Revised 4/12
DEP Agreement LP13035, Attachment A, Page 2 of 3
Total Budget by Task and Deliverables:
Local Funds and Source
Tasks
DEP Funding
Local Funds
Source of Funds
1
Engineering Services
75,000.00
75,000.00
City of Opa-locka
2
Bidding and Awarding of
Project
0.00
2,000.00
City of Opa-locka
3
Construction
625,000.00
1,225,000.00
City of Opa-locka
4
Closeout & Dedication
0.00
0.00
Total:
700,000.00
1,302,000.00
Project Total:
$2,002,000.00
_
The City is providing additional funding for the project. No match is required for this grant.
Revised 4/12
DEP Agreement LPI3035, Attachment A, Page 3 of 3
ATTACHMENT B
Disbursement Request Package
Legislative Projects (LP) Grants
1. Grantee/Recipient CITY OF OPA-LOCKA
2. Project Number LP13035
Date of Request
3. Disbursement Request Number Required Match %
4. Type of Request Partial ❑ Final ❑
5. Federal Employer Identification Number
6. Task/Deliverable No.
7. Mail ❑ EFT ❑ Send Remittance to:
Disbursement Details
(cumulative amounts rounded to the nearest dollar)
NOTE: Can only claim expenses in approved budget.
1. Salaries
2. Fringe Benefits
3. Travel
4. Contractual Services
5. Equipment
6. Supplies/ Other Expenses
7. Land
8. Indirect Charges
9. Total
10. Disbursements previously requested
11. Amount Requested for Disbursement (line 9 minus 10)
Amount this
Request
Total
Cumulative
** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION FOR
EACH DELIVERABLE TO: **
Florida Department of Environmental Protection
State Revolving Fund Management MS 3505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
or email your request to:
SRF_Reporting@dep.state.fl.us
DEP Agreement No. LP13035, Attachment B, Page 1 of 3
Grant Manager's Certification
of Disbursement Request
I,
(name of Grantee's Grant Manager designated in the Agreement)
on behalf of , do hereby certify that:
(name of Grantee/Recipient)
1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described
in Attachment A of the Agreement;
2. All costs included in the amount requested have been satisfactorily purchased, performed, received, and
applied toward completing the project; such costs are documented by invoices or other.appropriate
documentation as required in paragraph 3D;
3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the
project; and the Grantee is not in default of any terms or provisions of the contracts;
4. If funds were advanced, all funds received to date have been applied toward completing the project; and
5. All permits and approvals required for the construction which is underway have been obtained.
( Signature of Grant Manager)
(Date)
DEP Agreement No. LP13035, Attachment B, Page 2 of 3
Engineer's Certification
of Disbursement Request
ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT
1, , being the Professional Engineer retained by
(name of Professional Engineer)
, am responsible for overseeing construction of the
(name of Grantee/Recipient)
project described in the Agreement and do hereby certify that:
1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily
purchased or received and applied to the project in accordance with construction contract documents filed
with and previously approved by the Department of Environmental Protection;
2. Payment is in accordance with construction contract provisions;
3. Adequate construction supervision is being provided to assure compliance with construction
requirements and Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate;
4. Construction up to the point of this disbursement is in compliance with the approved plans and permits;
5. All changes, additions, or deletions to the construction contract(s) have been documented by change order
and all change orders have been submitted to the Department; and
6. All additions or deletions to the Project which have altered the Project's performance standards, scope, or
purpose (since issue of the pertinent Department permit) have been identified in writing by amendment to
this Agreement.
Signature of Professional Engineer
Firm or Affiliation
(Date) (P.E. Number)
DEP Agreement No. LP 13035, Attachment B, Page 3 of 3
ATTACHMENT C
Contract Payment Requirements
Florida Department of Financial Services, Reference Guide for State Expenditures
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements:
(1) Salaries:
(2) Fringe Benefits:
(3) Travel:
(4) Other direct costs:
(5) In-house charges:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes,
which includes submission of the claim on the approved State travel voucher or
electronic means.
Reimbursement will be made based on paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of
the property to the State when services are terminated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Administrative Code, regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the State.
Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable.
(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the
calculation should be shown.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: http://www.fldfs.com/aadir/reference guide.htm.
DEP 55-219 (05/2008)
DEP Agreement No. LP 13035, Attachment C, Page 1 of 1
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.:
LP13035
Grantee Name:
Grantee Address:
Grantee's Grant Manager:
Telephone No.:
Reporting Period:
Project Number and Title:
Provide the following information for all tasks and deliverables identified in the Grant
Work Plan: a summary of project accomplishments for the reporting period; a comparison
of actual accomplishments to goals for the period; if goals were not met, provide reasons
why; provide an update on the estimated time for completion of the task and an
explanation for any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period:
Identify any delays or problems encountered:
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
LP13035 and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager
DEP Agreement No. LP13035, Attachment D, Page 1 of 1
Date
ATTACHMENT E
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient
(which may be referred to as the "Contractor"; Grantee" or other name in the contract/agreement) may be subject
to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessary by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular
A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173/cfda/cfda.htmi.
DEP 55-215 (03/09)
DEP Agreement No. LP13035, Attachment E, Page 1 of 5
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit
for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department
of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources
of state financial assistance, including state financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the
recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit
must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In
addition to the above websites, the following websites may be accessed for information: Legislature's
Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at
http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the
Auditor General's Website at http://www.state.fl.us/audgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits
conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must
arrange for funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and
required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
DEP 55-215 (03/09)
DEP Agreement No. LP13035, Attachment E, Page 2 of 5
The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.gov/fac/
C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(0, OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09)
DEP Agreement No. LP13035, Attachment E, Page 3 of 5
4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP 55-215 (03/09)
DEP Agreement No. LP13035, Attachment E, Page 4 of 5
EXHIBIT —1
FUNDS AWARDED TO THE RECIPIENT PU RS UANT TO T HIS A GREEMENT CONSIST OF T HE F OLL OWIN G:
Federal Reso urces Awarded to the Recipient Purs ua nt to this Agreeme nt Co nsist of the Followi ng:
Federal
Program
Number
Federal Age ncy
CF DA
N umber
CF DA Title
Fu ndi ng Amount
State
Appropriation
Category
State Resou rces Awarded to the Recipient P urs uant to this Agreeme nt Co nsist of the Followi ng Matchi ng Reso urces
f or Federal Programs:
Fundi ng Amount
State
Appropriation
Category
Federal
Program
Number
Federal Agency
CFD A
CF DA Title
State Reso urces Awarded to the Recipien t Pursuant to this Agreement Consist of the Followi ng Resources Subject to Sectio n 215 .97, F.S.:
State
Progra m
Number
Funding Source
State
Fiscal Y ear
CSFA
Number
CSF A Title
or
F unding So urce Descriptio n
Fu nding Amo unt
State
Appropriatio n
Category
140047
Original
Agreement
G en eral R even ue, Line Item
1640C
2013-2014
37.039
Statewide Surface Water Restor ation
and Wastewater Projects
700,000
Total Award
$700,000
For each program identified above, the recipien t shall comply with the program requirements described in the Catalog of Federal D omestic Assistance (CFDA)
[http://12.46.245.173/cfda/cfda.htr nl] an d/or the Florida Catalog of State Finan cial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatal og .asp xj . The services/purposes for
which the funds a re to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the C ontract.
DEP 55-215 (03/09)
DEP Agreement No. LP13035, Attachment E, Page 5 of 5
Sponsored by: City Manager
RESOLUTION NO.14-8792
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO PREPARE AND ISSUE A REQUEST FOR
PROPOSALS (RFP) FOR DESIGN BUILD SERVICES FOR THE
BURLINGTON STREET CANAL DREDGING, BANK
RESTORATION, AND STABILIZATION WITH SLOPE
CORRECTION, PAYABLE FROM ACCOUNT NUMBER 35-
535630, A BUDGETED ITEM; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City of Opa-locka (the "City") is seeking the service of a qualified
professional firm to provide design -build services for improvements to Burlington Street Canal;
and
WHEREAS, the Burlington Street Canal is not in compliance with the required slope,
per South Florida Water Management District criteria; and
WHEREAS, the unprotected Canal bank is degrading the surface water quality, losing its
aesthetic view, and needs to be restored to ensure required slope compliance; and
WHEREAS, the design -build service will include design, applicable permits, and
construction per local, County, and State standards; and
WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to
prepare and issue a Request for Proposals (RFP) for a qualified design -build firm for
improvements to Burlington Street Canal.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 14-8792
Section 2. The City Commission of the City of Opa-locka, directs and authorizes the
City Manager to prepare and issue a Request for Proposals (RFP) for design build services for
the Burlington Street Canal dredging, bank restoration, and stabilization with slope correction,
payable from 35-535630, a budgeted item.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 14th day of : a , 2014.
• 'r" OR
MAYOR
est to:
anna Flores
ity Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Johnson:
Commissioner Santiago:
Vice -Mayor Kelley:
Mayor Taylor:
App ve
f\fo an . ufficiency
ep y• . Geller
SPOON MARDER PA
ity • ttorney
COMMISSIONER HOLMES
COMMISSIONER JOHNSON
5-0
YES
YES
YES
YES
YES
City of Opa-Locka
Agenda Cover Memo
Commission Meeting
Date:
04/23/2014
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
x
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
x
x
Funding Source:
Account# 35-535630
(Enter Fund & Dept)
Ex:
Water and Sewer
fund
Advertising Requirement:
(EnterX in box)
RFP to be issued.
Yes
No
x
Contract/ O. Required:
(EnterX in box) .
Yes
No
RFP/RFQ/Bid #:
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life & City
Communcation
Area:
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Must complete in order to improve
public safety, flood control, water
quality, and canal aesthetics.
X
•
Dev .-
,J
LJ
Image IN
nn
Sponsor Name
City Manager
Department:
City Manager-CIP
Short Title:
Request for Proposal (RFP) for the Burlington Street Canal Improvements
Staff Summary:
The purpose of this Request for Proposals is to seek service of a qualified professional firm to provide
design -build services to the City of Opa-locka for the Burlington Street Canal dredging, bank restoration, and
stabilization with slope correction. The design -build services will include design, applicable permits, and
construction per local, County, State and other applicable standards, rules and regulations. The Burlington
11 Page
Street Canal current does not comply with required slope per South Florida Water Management District
criteria. The Canal has progressive bank erosion which is already impacting the adjacent private properties.
The bank is very sharp and uneven and is health hazard. The existing condition of the Canal bank has
deteriorated as residents are complaining about the threat to their property and public safety. The
unprotected Canal bank is degrading the surface water quality and canal is losing its aesthetic view. The
Canal bank has to be restored to ensure required slope compliance with the South Florida Water
Management District regulations. The slope restoration and stabilization will enhance public safety, address
surface water quality and will also protect adjacent properties. The restoration and related dredging will be
included in the scope to improve the environmental conditions and also the surface water and canal
aesthetic.
Proposed Action:
Staff recommends approval in order to improve public safety, flood control, water quality, and canal aesthetics.
Attachment:
1. Agenda
2. RFP
21 Page
MEMORANDUM
To:
Mayor Myra L. Tayl
Vice Mayor Jose ' h L. Ke
Commissioner Tim i by Ho
Commissioner Doro ' y Joh
Commissioner Luis : San
FROM: Kelvin L. Baker, City Manag
DATE: April 14, 2014
RE: Request for Proposal (RFP) for the Burlington Street Canal Improvements
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A
REQUEST FOR PROPOSALS (RFP) FOR THE DESIGN BUILD SERVICES FOR
THE BURLINGTON STREET CANAL DREDGING, BANK RESTORATION, AND
STABILIZATION WITH SLOPE CORRECTION, PAYABLE FROM ACCOUNT
NUMBER 35-535630 (BUDGETED)
Description: The purpose of this Request for Proposals is to seek service of a qualified professional
firm to provide design -build services to the City of Opa-locka for the Burlington Street Canal
dredging, bank restoration, and stabilization with slope correction. The design -build services will
include design, applicable permits, and construction per local, County, State and other applicable
standards, rules and regulations.
Account Number: 35-535630.
Financial Impact: This project is budgeted and partially funded by FDEP grant.
Implementation Time Line: As soon as possible.
Legislative History: None
Recommendation(s): Staff recommends approval in order to improve public safety, flood control, water
quality, and canal aesthetics.
Analysis:
The Burlington Street Canal current does not comply with required slope per South Florida Water
Management District criteria. The Canal has progressive bank erosion which is already impacting the
11Pa is
adjacent private properties. The bank is very sharp and uneven and is health hazard. The existing
condition of the Canal bank has deteriorated as residents are complaining about the threat to their
property and public safety. The unprotected- Canal bankisdegrading the surface water quality and
canal is losing its aesthetic view. The Canal bank has to be restored to ensure required slope
compliance with the South Florida Water Management District regulations. The slope restoration and
stabilization will enhance public safety, address surface water quality and will also protect adjacent
properties. The restoration and related dredging will be included in the scope to improve the
environmental conditions and also the surface water and canal aesthetic.
ATTACHMENT(S):
1. RFP
PREPARED BY: Maqsood Mohammad Nasir, PE, CIP Director/City Engineer
END OF MEMORANDUM
21P age
RFP NO: 14-XXXXXXX
REQUEST FOR DESIGN BUILD PROPOSAL
FOR
BURLINGTON STREET CANAL
CITY OF OPA LOCKA 3400 NW 135TH STREET, BUILDING -B, OPA LOCKA, FLORIDA 33054
CITY OF OPA-LOCKA
Advertisement for Request for Proposals
RFP NO: 14-XXXXXXX
BURLINGTON STREET CANAL
Design Build Proposals for the Burlington Street Canal will be received by the City of Opa-locka at the
Office of the City Clerk, 3400 NW 135th Street, Building -B, Opa-locka, Florida 33054, xxxxx by 1:00
.m. Any proposals received after the designated closing time will be returned unopened.
The purpose of this Request for Proposals is to seek service of a qualified professional firm to provide
design -build services to the City of Opa-locka for the Burlington Street Canal dredging, bank
restoration, and stabilization with slope correction.
An original and five (6) copies a total of seven (7) plus 1 copy of the proposal on CD's in PDF format of
the proposal shall be submitted in sealed envelopes/packages addressed to Joanna Flores, City Clerk,
City of Opa-Locka, Florida, and marked BURLINGTON STREET CANAL. Proposers desiring information
for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 3400 NW
135th Street, Building -B, Opa-locka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP NO:
13- XXXXXXX requirements may also be obtained by visiting the City's website at www.opalockafl.gov,
(click "RFQ/PROPOSALS" located on the right hand side of the screen and follow the instructions).
Bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375;
Title VII of the Civil Rights Act of 1964 as amended; the Davis -Bacon Act of 1968, as amended; the
Copeland Anti -Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable
federal, state and local ordinance. The bidder must comply with all grants requirements as the project is
partially funded by FDEP grants and/or will be funded by any other grant sources.
Note that bidder is required to pay workers on this project the minimum wages as determined in the
Wage Determination Decision included in the Bidder's package; and that the contractor must ensure
that employees are not discriminated because of race, color, religion, sex or national origin.
The City reserves the right to accept or reject any and all proposals and to waive any technicalities or
irregularities therein. The City further reserves the right to award the contract to that proposer whose
proposal best complies with the RFP NO: 11-XXXXXXX requirements. Proposers may not withdraw
their proposal for a period of ninety (90) days from the date set for the opening thereof.
Dated:
Joanna Flores
City Clerk
Published:
1.INTRODUCTION
1.1. PURPOSE AND GENERAL INFORMATION
The City of Opa-locka is requesting responses to this Request for Proposal (RFP) to enter into a contract
with qualified firm(s) to provide design build services for the complete rehabilitation of City of Opa-
locka for the Burlington Street Canal dredging, bank restoration, and stabilization with slope
correction.
A copy of this RFP can be obtained from the City of Opa-locka website at www.opalockafl.gov until the
expiration date of this solicitation. It is incumbent upon the Respondent to check the website for
additional information and/or addendums. Copies of this RFP can also be obtained from the
Purchasing Officer at City of Opa-locka, 3400 NW 135th Street, Building -B, Opa-Locka, FL 33054. If you
have any questions, please call the contact identified below as it relates to your concern. Written
questions regarding the substance of the RFP or scope of services must be submitted via e-mail to the
City of Opa-locka contact listed prior to the deadline indicated below.
Responses are due prior to the deadline indicated above and must be delivered or mailed to the City of
Opa-locka City Clerk's Office located at 3400 NW 135th Street, Building -B. Opa-locka Fl 33054. Late
responses will not be accepted - NO EXCEPTIONS.
The awarded bidder must comply with grants requirements as the project is partially funded
by the grant(s) and/or will be funded any other available grants. The grant(s) compliance
requirements will be included in the contract agreement. Listed below are a few of the laws,
rules, and regulations that apply to state and federal funds.
State Funds
• Section 215.97, Florida Statutes
• Project CSFA # (Catalog of State Financial Assistance)
• Compliance Supplement
• Department of Financial Services - Reference Guide for
State Expenditures
• Any applicable Florida Administrative Code
• State agency rules, policies, etc.
Bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375;
Title VII of the Civil Rights Act of 1964 as amended; the Davis -Bacon Act of 1968, as amended; the
Copeland Anti -Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable
federal, state and local ordinance.
Note that bidder is required to pay workers on this project the minimum wages as determined in the
Wage Determination Decision included in the Bidder's package; and that the contractor must ensure
that employees are not discriminated because of race, color, religion, sex or national origin.
1.2. DEFINITIONS
In this RFP the following definitions shall apply:
Page 12
"City" means the City of Opa-locka;
"City Representative" -has -the meaning set out in section 2.2;
"City Website" means www.Opa-lockafl.gov
"Closing Time" has the meaning set out in section 2;
"Contract' means a formal written contract between the City and a Preferred Proponent to undertake
the Services, the preferred form of which is attached as Schedule B;
"Evaluation Team" means the team appointed by the City;
"Information Meeting" has the meaning set out in section 2.1;
"Preferred Proponent(s)" means the Proponent(s) selected by the Evaluation Team to enter into
negotiations for a Contract;
"Proponent' means an entity that submits a Proposal;
"Proposal" means a proposal submitted in response to this RFP;
"RFP" means this Request for Proposals;
"Services" has the meaning of any and all construction and administration work necessary to complete
this project
"Site" means the place or places where the Services are to be performed; and
2. PROPOSAL SCHEDULE
Closing Time and Address For Proposal Delivery
Proposals must be received by the office of:
Office of the City Clerk
3400 NW 135th Street, Building -B
Opa-locka, Florida 33054
CONFIDENTIAL - DO NOT OPEN
Proposal Closing Date & Time: XXXXXXX, 2014 at 1:00 P.M. (local time).
The City will open Proposals in a public setting.
Bid Opening Date & Time: July 5, 2014, 1:00 P.M. (local time).
Proposal Evaluation Date & Time: XXXXXXX, 2014 at 10:00 A.M. (local time).
Bid Opening and Evaluation Location:
Page 13
3400 NW 135th Street, Building -B, Opa-locka, Florida 33054
Submissions by fax [or email] will not be accepted.
2.1. INFORMATION MEETING
An optional information meeting (pre -proposal meeting) will be hosted by the City Representative to
discuss the City's requirements under this RFQ (the "Information Meeting") on XXXXXXX, 2013 at
1:00 A.M. at City Hall, 3400 NW 135 Street, Building -B, second Floor, Opa-Iocka, Florida 33054.
Attendance is optional for all Proponents; any proposal received that was not represented during the
Information Meeting shall be disqualified.
LATE PROPOSALS
Proposals received after the Closing Time will not be accepted or considered. Delays caused by any
delivery, courier or mail service(s) will not be grounds for an extension of the Closing Time.
2.2. AMENDMENTS TO PROPOSALS
Proposals may be revised by written amendment, delivered to the location set out above, at any time
before the Closing Time but not after. An amendment must be signed by an authorized signator of the
Proponent in the same manner as provided in the original proposals.
All inquiries related to this RFP should be directed in writing, via fax or e-mail to the person named
below (the "City Representative"). Information obtained from any person or source other than the
City Representative may not be relied upon.
City Representative: Ms. Rose McKay
Phone: 305 953 2826 ext 1307
Fax: 305 953 2900
Email: rmckay@opalockafl.gov
Inquiries should be made no later than 7 days before Closing Time. The City reserves the right not to
respond to inquiries made within 7 days of the Closing Time. Inquiries and responses will be
recorded and may be distributed to all Proponents at the discretion of the City.
Proponents finding discrepancies or omissions in the Contract or RFP, or having doubts as to the
meaning or intent of any provision, should immediately notify the City Representative. If the City
determines that an amendment is required to this RFP, the City Representative will issue an
addendum in accordance with section 2.3. No oral conversation will affect or modify the terms of this
RFP or may be relied upon by any Proponent.
2.3. ADDENDA
If the City determines that an amendment is required to this RFP, the City Representative will post a
written addendum on the City Website at http://www.Opa-Iockafl.gov (the "City Website") and upon
posting will be deemed to form part of this RFP. No amendment of any kind to the RFP is effective
Page 14
unless it is posted in a formal written addendum on the City Website. Upon submitting a Proposal,
Proponents will be deemed to have received notice of all addenda that are posted on the City Website.
2.4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE
Proponents will be deemed to have carefully examined the RFP, including all attached Schedules, the
Contract and the Site (as applicable) prior to preparing and submitting a Proposal with respect to any
and all facts which may influence a Proposal.
2.5. STATUS INQUIRIES
All inquiries related to the status of this RFP, including whether or not a Contract has been awarded,
should be directed to the City Website and not to the City Representative.
3. PROPOSAL SUBMISSION FORM AND CONTENTS
3.1. PACKAGE
Proposals should be in a sealed package, marked on the outside with the Proponent's name, title of the
Project and reference number.
3.2. FORM OF PROPOSAL
Proponents should complete the form of Proposal attached as Schedule A. Proponents are encouraged
to use the form provided and attach additional pages as necessary. Proponents should also provide
the requested information as listed in Section 4(b) as part of the proposal.
3.3. SIGNATURE
The legal name of the person or firm submitting the Proposal should be inserted in Schedule A. The
Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the
following:
(a) If the Proponent is a corporation then the full name of the corporation should be included,
together with the names of authorized signatories. The Proposal should be executed by all of the
authorized signatories or by one or more of them provided that a copy of the corporate resolution
authorizing those persons to execute the Proposal on behalf of the corporation is submitted;
(b) If the Proponent is a partnership or joint venture then the name of the partnership or joint
venture and the name of each partner or joint venturer should be included, and each partner or joint
venturer should sign personally (or, if one or more person(s) have signing authority for the
partnership or joint venture, the partnership or joint venture should provide evidence to the
satisfaction of the City that the person(s) signing have signing authority for the partnership or joint
venture). If a partner or joint venturer is a corporation then such corporation should sign as indicated
in subsection (a) above; or
(c) If the Proponent is an individual, including a sole proprietorship, the name of the individual
should be included.
Page 15
4. EVALUATION AND SELECTION
4.1. EVALUATION TEAM
The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The
Evaluation Team may consult with others including City staff members, third party consultants and
references, as the Evaluation Team may in its discretion decide is required. The Evaluation Team will
give a written recommendation for the selection of a Preferred Proponent or Preferred Proponent(s)
to the City.
Proposal(s) that satisfy the minimum requirements will be scored as follows:
Letter of Introduction
PriceProposal
Conceptual Plans .....,
LocalHire ... .......................................................
References.-- fill .11 .11 ••• ••• ...... • ....................... •• ............ ••• ••• ••• ••• ••• .....
DBEPreference Firm(s)..................................................................
5 points
55 points
10 points
15 points
10 points
5 points
4.2. EVALUATION CRITERIA
The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength
and ability to provide the Services in order to determine the Proposal which is most advantageous to
the City, using the following criteria:
(a) PRICE PROPOSAL
The City will consider the proponent's price proposal in terms of accuracy, completeness, value, local
market and substantiated industry standards. The bid price must be supported by the conceptual plans
and the total lump sum price must be justified by the cost break down.
(b) CONCEPTUAL PLANS
The conceptual plan must include site visit report with findings. The conceptual plans must be on aerial
map and the bidder must include color printout on 11"x17" paper. The plans must be very clearly
understandable and cross sections for the dredging and bank slope correction must be included. The slope
stabilization materials must be identified and must be acceptable to the regulatory agencies in addition to
the city engineer.
(c) EXPERIENCE
The City will consider the proponent's past experience in undertaking similar projects in type, scope, and
budget
At a minimum, the proposal should contain the following information:
• Business Organization - State the full name, address, phone number and fax number of your
business and whether you operate as an individual, partnership, or corporation. Also indicate
if you are a female or minority owned and/or operated business.
• List of business's experience with federal, state or municipal programs pertaining to
sidewalk replacement. If applicable, also identify other services performed for federal, state or
municipal programs.
• Fee Schedule - Please state your standard fee schedule according to the standard formats of
compensation.
Page 16
" P r o o f o f a p p r o p r i a t e s t a t e c e r t i f i c a t i o n s - P r o v i d e p r o o f t h a t y o u a r e l i c e n s e d t o o p e r a t e i n
F l o r i d a a n d a r e l e a d c e r t i f i e d .
" M a n a g e m e n t S u m m a r y - I n c l u d e a b r i e f n a r r a t i v e d e s c r i p t i o n o f t h e p r o p o s e d s e r v i c e s t h a t
w i l l b e d e l i v e r e d a n d t h e e q u i p m e n t a v a i l a b l e t o p e r f o r m t h e s e r v i c e s .
" Q u a l i f i c a t i o n s - P l e a s e i n d i c a t e c o m p l e t e d p r o j e c t s o f s i m i l a r n a t u r e . A l s o i n d i c a t e a c o n t a c t
p e r s o n f o r e a c h r e f e r e n c e c i t e d .
" R e f e r e n c e s - R e f e r e n c e s f r o m a t l e a s t t w o ( 2 ) c l i e n t s p r e f e r a b l y m u n i c i p a l i t i e s f o r w h o m y o u r
c o m p a n y h a s p r o v i d e d s i m i l a r s e r v i c e s w i t h i n t h e l a s t t w o ( 2 ) y e a r s . T h e r e f e r e n c e s s h o u l d
i n c l u d e t h e n a m e , a d d r e s s a n d t e l e p h o n e n u m b e r o f a c o n t a c t p e r s o n f o r e a c h r e f e r e n c e c i t e d .
" L i s t o f f i r m ' s i n s u r a n c e p o l i c i e s , t h e i n s u r e r , p o l i c y n u m b e r s a n d a m o u n t p e r t a i n i n g t o
r e q u i r e d s e r v i c e s .
( c ) L O C A L W O R K F O R C E P A R T I C I P A T I O N
T h e E v a l u a t i o n T e a m w i l l c o n s i d e r t h e P r o p o n e n t ' s o r g a n i z a t i o n a b i l i t y t o i m p l e m e n t
i n i t i a t i v e s i n c o m p l i a n c e w i t h s e c t i o n 3 F e d e r a l r e q u i r e m e n t s f o r l o c a l e m p l o y m e n t , t r a i n i n g
a n d c o n t r a c t s w i t h p r o j e c t a r e a b u s i n e s s e s . T h e b i d d e r s m u s t m a k e c o m m i t m e n t t o h i r e l o c a l
r e s i d e n t s w i t h i n t h e c i t y l i m i t s . P r o j e c t s p e c i f i c p o l i c y t o h i r e l o c a l r e s i d e n t s w i t h n u m b e r s , i . e .
h o w m a n y p r o j e c t s p e c i f i c e m p l o y e e s a r e p r o j e c t e d t o b e h i r e d f r o m t h e c i t y m u s t b e i n c l u d e d i n
t h e b i d p a c k a g e .
( d ) D B E P r e f e r e n c e :
T h e E v a l u a t i o n T e a m w i l l c o n s i d e r t h e P r o p o n e n t ' s D i s a d v a n t a g e B u s i n e s s E n t e r p r i s e
C e r t i f i c a t i o n .
F I N A N C I A L A B I L I T Y A N D R E S O U R C E S
T h e E v a l u a t i o n T e a m w i l l c o n s i d e r t h e P r o p o n e n t ' s o r g a n i z a t i o n f i n a n c i a l a b i l i t y a n d r e s o u r c e s t o
c a r r y o u t t h e p r o j e c t
T h e E v a l u a t i o n T e a m w i l l n o t b e l i m i t e d t o t h e c r i t e r i a r e f e r r e d t o a b o v e , a n d t h e E v a l u a t i o n T e a m
m a y c o n s i d e r o t h e r c r i t e r i a t h a t t h e t e a m i d e n t i f i e s a s r e l e v a n t d u r i n g t h e e v a l u a t i o n p r o c e s s . T h e
E v a l u a t i o n T e a m m a y a p p l y t h e e v a l u a t i o n c r i t e r i a o n a c o m p a r a t i v e b a s i s , e v a l u a t i n g t h e P r o p o s a l s
b y c o m p a r i n g o n e P r o p o n e n t ' s P r o p o s a l t o a n o t h e r P r o p o n e n t ' s P r o p o s a l . A l l c r i t e r i a c o n s i d e r e d w i l l
b e a p p l i e d e v e n l y a n d f a i r l y t o a l l P r o p o s a l s .
4 . 3 . L I T I G A T I O N
I n a d d i t i o n t o a n y o t h e r p r o v i s i o n o f t h i s R F P , t h e C i t y m a y , i n i t s a b s o l u t e d i s c r e t i o n , r e j e c t a P r o p o s a l
i f t h e P r o p o n e n t , o r a n y o f f i c e r o r d i r e c t o r o f t h e P r o p o n e n t s u b m i t t i n g t h e P r o p o s a l , i s o r h a s b e e n
e n g a g e d d i r e c t l y o r i n d i r e c t l y i n a l e g a l a c t i o n a g a i n s t t h e C i t y , i t s e l e c t e d o r a p p o i n t e d o f f i c e r s ,
r e p r e s e n t a t i v e s o r e m p l o y e e s i n r e l a t i o n t o a n y m a t t e r .
I n d e t e r m i n i n g w h e t h e r o r n o t t o r e j e c t a P r o p o s a l u n d e r t h i s s e c t i o n , t h e C i t y w i l l c o n s i d e r w h e t h e r
t h e l i t i g a t i o n i s l i k e l y t o a f f e c t t h e P r o p o n e n t ' s a b i l i t y t o w o r k w i t h t h e C i t y , i t s c o n s u l t a n t s a n d
r e p r e s e n t a t i v e s a n d w h e t h e r t h e C i t y ' s e x p e r i e n c e w i t h t h e P r o p o n e n t i n d i c a t e s t h a t t h e r e i s a r i s k t h e
C i t y w i l l i n c u r i n c r e a s e d s t a f f a n d l e g a l c o s t s i n t h e a d m i n i s t r a t i o n o f t h e C o n t r a c t i f i t i s a w a r d e d t o
t h e P r o p o n e n t .
P a g e 1 7
4.4. ADDITIONAL INFORMATION
The Evaluation Team may, at its discretion, request clarifications or additional information from a
Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only
selected Proponents. The Evaluation Team may consider such clarifications or additional information
in evaluating a Proposal.
4.5. NEGOTIATION OF CONTRACT AND AWARD
If the City selects a Preferred Proponent or Preferred Proponents, then it may:
(a) Enter into a Contract with the Preferred Proponent(s); or
(b) Enter into discussions with the Preferred Proponent(s) to clarify any outstanding issues and
attempt to finalize the terms of the Contract(s), including financial terms. If discussions are successful,
the City and the Preferred Proponent(s) will finalize the Contract(s); or
(c) if at any time the City reasonably forms the opinion that a mutually acceptable agreement is
not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to
terminate discussions, in which event the City may then either open discussions with another
Proponent or terminate this RFP and retain or obtain the Services in some other manner.
The City is under no obligation to accept any Proposal submitted. The City reserves the right in its
sole discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal
deemed most favorable in the interest of the City, or cancel the competition at any time without
award. Thereafter, the City may issue a new Invitation / Request, sole source or do nothing.
All costs incurred in the preparation and presentation of the proposal shall be wholly absorbed by
the contractor. All supporting documentation and manuals submitted with this proposal will become
the property of the City of Opa-locka unless otherwise requested by the contractor at the time of
submission.
5. GENERAL CONDITIONS
5.1. NO CITY OBLIGATION
This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or
to proceed to negotiations for a Contract, or to award any Contract, and the City reserves the complete
right to at any time reject all Proposals, and to terminate this RFP process.
5.2. PROPONENTS' EXPENSES
Proponents are solely responsible for their own expenses in preparing, and submitting Proposals, and
for any meetings, negotiations or discussions with the City or its representatives and consultants,
relating to or arising from this RFP. The City and its representatives, agents, consultants and advisors
will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or
loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing
Page 18
"
a n d s u b m i t t i n g a P r o p o s a l , o r p a r t i c i p a t i n g i n n e g o t i a t i o n s f o r a C o n t r a c t , o r o t h e r a c t i v i t y r e l a t e d t o
o r a r i s i n g o u t o f t h i s R F P .
5 . 3 . N O C O N T R A C T
B y s u b m i t t i n g a P r o p o s a l a n d p a r t i c i p a t i n g i n t h e p r o c e s s a s o u t l i n e d i n t h i s R F P , P r o p o n e n t s
e x p r e s s l y a g r e e t h a t n o c o n t r a c t o f a n y k i n d i s f o r m e d u n d e r , o r a r i s e s f r o m , t h i s R F P , p r i o r t o t h e
s i g n i n g o f a f o r m a l w r i t t e n C o n t r a c t .
5 . 4 . C O N F L I C T O F I N T E R E S T
P r o p o n e n t s s h a l l d i s c l o s e a n y p o t e n t i a l c o n f l i c t s o f i n t e r e s t a n d e x i s t i n g b u s i n e s s r e l a t i o n s h i p s t h e y
m a y h a v e w i t h t h e C i t y . I f r e q u e s t e d b y t h e C i t y , P r o p o n e n t s s h o u l d p r o v i d e a l l p e r t i n e n t i n f o r m a t i o n
r e g a r d i n g o w n e r s h i p o f t h e i r c o m p a n y w i t h i n f o r t y - e i g h t ( 4 8 ) h o u r s o f t h e C i t y ' s r e q u e s t
5 . 5 . S O L I C I T A T I O N O F C O M M I S S I O N M E M B E R S
P r o p o n e n t s a n d t h e i r a g e n t s w i l l n o t c o n t a c t a n y m e m b e r o f t h e C i t y C o m m i s s i o n o r C i t y s t a f f w i t h
r e s p e c t t o t h i s R F P a t a n y t i m e p r i o r t o t h e a w a r d o f a c o n t r a c t o r t h e t e r m i n a t i o n o f t h i s R F P , a n d t h e
C i t y m a y r e j e c t t h e P r o p o s a l o f a n y P r o p o n e n t t h a t m a k e s a n y s u c h c o n t a c t .
5 . 6 . C O N F I D E N T I A L I T Y
A l l s u b m i s s i o n s b e c o m e t h e p r o p e r t y o f t h e C i t y a n d w i l l n o t b e r e t u r n e d t o t h e P r o p o n e n t . T h e C i t y
w i l l h o l d a l l s u b m i s s i o n s i n c o n f i d e n c e u n l e s s o t h e r w i s e r e q u i r e d b y l a w . P r o p o n e n t s s h o u l d b e
a w a r e t h e C i t y i s a " p u b l i c b o d y " d e f i n e d b y a n d s u b j e c t t o t h e F r e e d o m o f I n f o r m a t i o n a n d P r o t e c t i o n
o f P r i v a c y A c t o f t h e S t a t e o f F l o r i d a
6 . S C O P E O F S E R V I C E S
6 . 1 T h e p u r p o s e o f t h i s R e q u e s t f o r P r o p o s a l s i s t o s e e k s e r v i c e o f a q u a l i f i e d p r o f e s s i o n a l
c o n t r a c t o r t o p r o v i d e d e s i g n - b u i l d s e r v i c e s f o r d r e d g i n g , b a n k r e s t o r a t i o n & s t a b i l i z a t i o n , a n d
s l o p e c o r r e c t i o n f o r t h e B u r l i n g t o n S t r e e t C a n a l i n t h e C i t y o f O p a - l o c k a . T h e d e s i g n - b u i l d
s e r v i c e s w i l l i n c l u d e d e s i g n , a p p l i c a b l e p e r m i t s , a n d c o n s t r u c t i o n p e r l o c a l , C o u n t y , S t a t e a n d
o t h e r a p p l i c a b l e s t a n d a r d s , r u l e s a n d l a w s .
T h e B u r l i n g t o n S t r e e t C a n a l c u r r e n t d o e s n o t c o m p l y w i t h r e q u i r e d s l o p e p e r S o u t h F l o r i d a
W a t e r M a n a g e m e n t D i s t r i c t c r i t e r i a . T h e C a n a l h a s p r o g r e s s i v e b a n k e r o s i o n w h i c h i s a l r e a d y
i m p a c t i n g t h e a d j a c e n t p r i v a t e p r o p e r t i e s . T h e b a n k i s v e r y s h a r p a n d u n e v e n a n d i s h e a l t h
h a z a r d . T h e e x i s t i n g c o n d i t i o n o f t h e C a n a l b a n k h a s d e t e r i o r a t e d a s r e s i d e n t s a r e c o m p l a i n i n g
a b o u t t h e t h r e a t t o t h e i r p r o p e r t y a n d t h e t h r e a t t o p u b l i c s a f e t y . T h e u n p r o t e c t e d C a n a l b a n k
i s d e g r a d i n g t h e s u r f a c e w a t e r q u a l i t y a n d c a n a l i s l o s i n g i t s a e s t h e t i c v i e w . T h e C a n a l b a n k
h a s t o b e r e s t o r e d t o e n s u r e r e q u i r e d s l o p e c o m p l i a n c e w i t h t h e S o u t h F l o r i d a W a t e r
M a n a g e m e n t D i s t r i c t r e g u l a t i o n s . T h e s l o p e r e s t o r a t i o n w i l l e n h a n c e p u b l i c s a f e t y , a d d r e s s
s u r f a c e w a t e r q u a l i t y a n d w i l l a l s o p r o t e c t a d j a c e n t p r o p e r t i e s . T h e r e s t o r a t i o n a n d r e l a t e d
d r e d g i n g t o b e i n c l u d e d i n t h e s c o p e t o i m p r o v e t h e e n v i r o n m e n t a l c o n d i t i o n s a n d a l s o t h e
s u r f a c e w a t e r a n d c a n a l a e s t h e t i c b a s e d o n c o n d i t i o n a s s e s s m e n t p e r s i t e v i s i t . T h e d e t a i l
f i n d i n g s a n d e n g i n e e r i n g c o n c e p t m u s t b e o u t l i n e d i n t h e c o n c e p t u a l p l a n s . D e t a i l c o s t
b r e a k d o w n i s a m u s t t o j u s t i f y t h e t o t a l l u m p s u m c o s t .
P a g e 1 9
6.2 The contract awarded firm(s) will be responsible for any and all damage due to construction.
Any damage caused by the contractor must be repaired within seven (7) to ten (10) working
day at the expense of the contractor. Contractor will need to make sure that all trees, shrubs
and signs are protected and not damaged during construction. If damage occurs, the
contractor will be liable for such damages. The areas of improvements will be as indicated in
the work order.
6.3 It is expressly agreed and understood that the contract awarded firm(s) is, in all respects, an
independent firm(s) as to work; however, in certain aspects, the Contractor is bound to follow
the directions of the City at the time of repair and/or construction, and that the firm(s) is in no
respect an agent, servant or employee of the City.
6.4 The contract awarded firm's (contractor's) timeliness and delivery of quality products shall be
monitored by the City. If at any time the Contractor is performing less than satisfactory work,
the Contractor, upon notification by the City, shall do whatever is necessary to perform the
work properly at no additional cost to the. City. Failure to give such notification shall not
relieve the Contractor of his obligation to perform the work at the time and in the manner
specified. Failure to perform the work in the time specified in the work order will trigger
liquidity damages of $750/day.
6.5 The City of Opa-locka reserves the right to select the qualified firm(s) which best meets the
City's goals and objectives, needs, budget constraints, and quality levels, as well as its service
level expectations. The City reserves the .right, in its sole discretion, to reject any/or all
proposals, to waive any irregularities and technical defects contained therein, to award the
contract in its entirety, in part or not at all and/or to determine which proposal is the lowest
and/or best to enter into a Contract, as it may deem to be in the best interest of the City of
Opa-locka.
7. COMPLIANCE WITH APPLICABLE LAWS
All work shall conform to all applicable federal, state, county, and local requirements.
8. INSURANCE REQUIREMENTS
8.1 The selected service provider shall agree to indemnify and hold harmless the City of Opa-locka and
its officers, agents, and employees from any and all claims, causes, or actions, and damages of every
kind, for injury to or death of any person and damages to property arising out of or in connection with
the work done by the Contractor under this contract, and including acts or omissions of the City of
Opa-locka or its officers, agents, or employees in connection with said contract.
8.2 The City will require proof of professional liability insurance with errors and omissions coverage,
workers compensation insurance, general liability and automobile insurance with companies
authorized to do business in Miami Dade County, Florida, and in amounts satisfactory to the City.
8.3 The successful Contractor, within ten days after the contract award, shall furnish the City with
proof of insurance as stated in Attachment A.
8.4 The City of Opa-locka shall be named as additional insured on all policies as directed in
Page 110
Attachment A. Should any insurance required by this contract lapse, the Contractor shall immediately
cease any operations until authorized in writing by the City If the lapse period extends fifteen (15)
days, the contract shall automatically terminate and the Contractor shall be in breach of this contract.
9. AGREEMENT/EXCEPTIONS
9.1 Submission of a proposal indicates the Contractor agrees to the terms, conditions and other
provisions contained in the RFP, unless the Contractor clearly and specifically presents in its proposal
any exceptions to the terms, conditions, and other provisions contained in the RFP.
9.2 Exceptions presented in a proposal are not to be considered incorporated into the contract
between the City of Opa-locka and the selected Contractor unless and until the City agrees to accept
such exceptions.
9.3 The selected Contractor must acknowledge and agree that the contract resulting from this RFP
includes the terms, conditions, and other provisions contained in the RFP, the proposal selected
(including any exceptions accepted by the City) which is acceptable to the City and is not in conflict or
contravention of the RFP, and any other documents mutually agreed upon by the City and selected
Contractor.
9.4 No oral statements or any person shall modify or otherwise change or affect the terms, conditions,
or specifications stated in the RFP or the resulting contract.
9.5 A formal contract will be negotiated after the selection of a contractor for the services identified in
the scope of services by the City of Opa-locka.
9.6 The contractor shall not assign the contract or any part thereof to any other person unless such
assignment is first approved in writing by the City of Opa-locka, it being understood that the contract
shall not be assignable unless the proposed assignee is acceptable to the municipality. The request for
assignment must include evidence that the proposed assignee qualifies under all requirements of the
contract and must be addressed as defined in the contract for services.
9.7 A provision to the effect that the municipality, shall have access to any books, documents, papers
and records of the contractor which are directly pertinent to that specific contractor, for the purpose
of making audit, examination, excerpts and transcriptions. The City of Opa-locka shall require
contractors to maintain all required records for five (5) years after the City of Opa-locka makes final
payments and all other pending matters are closed.
10. PROPOSAL SUBMITTAL
One original plus five (5) copies for a total six (6) of the entire bid package must be submitted to the
City of Opa-locka as follows:
City of Opa-locka
City Clerk's Office
Page 111
3400 NW 135th Street, Building -B
Opa-locka, Fl -33054
All proposals must be received prior to xxxxxxxxx, 2014 at 10:00 am. Proposals may be mailed or
dropped off at the Clerk's Office. Proposals must be received in the City Clerk's Office by 10:00 am for
it to be considered in the RFP-review process.
The undersigned verifies that the information contained herein is truthful and accurate and
acknowledge that they are owners or agents of the company. Additionally, the undersigned declares
that he/she has carefully examined all the items of the specifications and instructions and that he/she
fully understands the requirements of same.
Authorized Representative's Signature Printed
Name Title of Signatory
Company Name
Address Phone#/Fax
Email address
Page 112
ATTACHMENT "A"
There shall be no aggregate limitation to the coverage provided under any of the insurance sections
stated.
A. Contractor's and Sub -Contractor's Insurance
The Contractor shall not be awarded work under this contract unless the insurance required under
this section has been obtained. The Contractor shall not permit any sub -contractor to commence work
on a sub -contract unless like insurance has been obtained by the sub -contractor. The insurance
required shall contain a thirty (30) day written notice to the City of Opa-locka, c/o CIP Directro, 3400
NW 135th Street, Building -B, Opa-locka Fl 33054 of cancellation, non -renewal or material change in
coverage. The Contractor will provide a current Certificate of Insurance.
B. Worker's Disability Compensation Insurance
The Contractor shall procure and maintain during the life of this contract Worker's Disability
Compensation Insurance as required by law for all of his/her employees to be engaged in work on the
project under this contract, and in case any such work is sub -let, the Contractor shall require the sub-
contractor similarly to provide Worker's Disability Compensation Insurance for all of the latter's
employees to be engaged in such work in the statutory amount required.
C. Contractor's Public Liability and Property Damage Insurance
The Contractor shall procure and maintain during the life of this contract, Contractor's Public Liability
Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including
accidental death, each occurrence and Contractor's Property Damages Insurance in an amount of not
less than One Million Dollars ($1,000,000.00) for each occurrence.
D. Contractor's Motor Vehicle Bodily Injury and Property Damage Insurance
The Contractor shall procure and shall maintain during the life of this contract, Motor Vehicle Bodily
Injury Insurance (comprehensive form) in an amount of not less than One Million Dollars
($1,000,000.00) for injuries, including accidental death to each person; and in an amount of not less
than One Million Dollars ($1,000,000.00) for each occurrence, and property damage in an amount of
not less than One million Dollars ($1,000,000.00) for each occurrence. The Contractor shall procure
and maintain, during the life of this contract, Hired and Non -Ownership Motor Vehicle Bodily Injury
and Property Damage Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for
injuries, including accidental death, to each person; and in an amount of not less than One Million
Dollars ($1,000,000.00) for each occurrence and property damage in an amount of not less than One
Million Dollars ($1,000,000.00) for each occurrence.
E. Owner's and Contractor's Protective Public Liability and Property Damage Insurance
The Contractor shall procure and maintain, during the life of this contract, Owner's and Contractor's
Protective Public Liability and Property Damage Insurance in the name of the City in an amount of not
less than One Million Dollars ($1,000,000.00) for injuries, including accidental death for each
occurrence and property damage in an amount of not less than One Million Dollars ($1,000,000.00)
for each occurrence. Such insurance shall include motor vehicle exposure.
F. City of Opa-locka as Additional Insured
The City of Opa-locka, including elected and appointed officials, all employees and volunteers, all
boards, commissions and/or authorities and their board members, employees and volunteers, shall be
named specifically as an Additional Insured with respect to the operations of the Contractor and/or
sub -contractor for the City of Opa-locka and a copy of an Endorsement to this effect shall be supplied
for each policy involved.
Page 113
ATTACHMENT "B"
SPECIFICATIONS AND DRAWINGS
1 The Contractor shall be responsible for securing the services of a design consultant to prepare
the design necessary for permits and construction.
2 The Contractor is solely responsible for safety in all project areas. The Contractor shall erect
such barricades and provide other traffic control measures, such as flagmen, as may be
necessary to ensure the safety of the public as necessary.
3 The Contractor shall be responsible for the erection and maintenance of barricades, safety
fences, and other safety control measures for the complete time of completion of this project.
During the construction period, the work area shall be secured and adequate warning notices
to the public must be erected to ensure the safety of the traveling and walking public.
4 The Contractor shall be responsible to restore the area of work to its original condition.
5 The conceptual plan must include site visit report highlighting the findings.
6 The canal bank slope must be corrected with proper stabilization per South Florida Water
Management District criteria.
Page 1 14
INDEMNIFICATION, DEFEND AND HOLD HARMLESS AGREEMENT (Return this statement on
company letterhead with your proposal)
KNOW ALL MEN BY THESE PRESENTS: That (Contractor/Company)
By and through the undersigned (Individual),
Its (Title), respectively, agrees to indemnify and hold harmless the City of Opa-
locka, a Florida Municipal Corporation, 3400 NW 135th Street, Building -B, Opa-locka F133054
(hereinafter "City"), its Commissioners, administrators, employees, attorneys, affiliates, successors
and assigns from any and all liability arising, directly or indirectly, from the following activity:
All contract related work in the event any suit, proceeding, claim,
loss, damage, cost, charge or expense shall be brought against the City, its Commission, officers,
administrators, employees, attorneys, affiliates, successors and assigns by virtue of the above -
referenced activity, hereby covenants and agrees to assume the defense thereof and defend the same
at its own expense and pay all costs, charges, attorney fees and any other expenses related thereto.
Notwithstanding the foregoing, this Indemnification, Defend and Hold Harmless Agreement exclude
the sole acts and/or the sole omissions to act on the part of the City of Opa-locka.
(Signature of person submitting bid)
Subscribed and sworn this
said County.
Notary Public
My Commission Expires:
day of , 2014 before me, a Notary Public in and for
Page 1 15
NON -COLLUSION AFFIDAVIT (Return this statement on company letterhead with your
proposal)
being duly sworn deposes and says:
That he/she is
(State official capacity in firm) The party making the foregoing proposal or bid, that such bid is
genuine and not collusion or sham; that said bidder has not colluded, conspired, connived, or agreed,
directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding and
has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or
conference, with any person, to fix the bid price of affiant or any other bidder, or to fix any overhead,
profit, or cost element of said bid price or that of any other bidder, or to secure the advantage against
the City of Opa-locka or any person interested in the proposed contract; and that all statements
contained in said proposal or bid are true.
(Signature of person submitting bid)
Subscribed and sworn this
said County.
Notary Public
My Commission Expires:
day of , 2014 before me, a Notary Public in and for
Pagel 16
DRUG -FREE WORKPLACE CERTIFICATION FORM
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and
service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or
contractual services, a bid/proposal received from a business that certifies that it has implemented
a drug -free workplace program shall be given preference in the award process. In order to have a
drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of controlled substances is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid
a copy of the statement specified in number (1).
4. In the statement specified in number (1), notify the employees that as a condition for working on
the commodities or contractual services that are under bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction on or plea of guilty or no contest to any
violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or
any singular state, for a violation occurring in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of
Section 287.087, Florida Statutes.
This Certification is submitted by the
(Name)
of
(Title/Position) (Company)
who does hereby certify that said Company has implemented a drug -free workplace program, which
meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1)
through (6) above.
Date Signature
incidental work and services required for the completion of the work.
Page 117
RFP NO: 14-XXXXXXX
BIDDER QUALIFICATIONS
The Bidder, as a result of this proposal, MUST hold a County and/or Municipal Contractor's Occupational
License in the area of their fixed business location. The following information MUST be completed
and submitted with the proposal to be considered:
1. Legal Name and Address:
Name:
Address:
City, State, Zip: Phone/Fax:
2. Check One: Corporation () Partnership () Individual ( )
3. If Corporation, state:
Date of Incorporation: State in which Incorporated:
4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such
authorization:
5. Name and Title of Principal Officers Date Elected:
6. The length of time in business: _years
7. The length of time (continuous) in business as a service organization in Florida:
years
8. Provide a list of at least five commercial or govemment references that the bidder has supplied
service/commodities meeting the requirements of the City of Opa-locka specification, during the
last twenty-four months.
9. A copy of County and/or Municipal Occupational License(s)
Note: Information requested herein and submitted by the bidders will be analyzed by the City of Opa-locka and will
be a factor considered in awarding any resulting contract. The purpose is to insure that the Contractors, in the sole
opinion of the City of Opa-locka, can sufficiently and efficiently perform all the required services in a timely and
satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are in
conflict, the most stringent requirement shall apply.
Page 1 18
RFP NO: 14-XXXXXXX
BID BOND
PROJECT NAME:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
KNOW ALL MEN BY THESE PRESENTS, that we,
, as Principal, and
as Surety, are held and firmly bound unto the City of
Opa-locka, a municipal corporation of the State of Florida in the sum of
Dollars ($ ),
lawful money of the United States, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators and successors jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has
submitted the accompanying Bid, dated , 2014 for
the Project.
WHEREAS, it was a condition precedent to the submission of said Bid that a Bid Bond in
the amount of five percent (5%) of the Base Bid be submitted with said Bid as a
guarantee that the PROPONENT would, if awarded the Contract, enter into a written
Contract with the City for the performance of said Contract, within ten (10) consecutive
calendar days after written Notice of Award.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten
(10) consecutive calendar days after written Notice of Award, enters into a written
Contract with the City of Opa-locka and furnishes the Performance and Payment
Bonds, satisfactory to the City, each in an amount equal to one hundred percent (100%) of
the Contract Price, and provides all required Certificates of Insurance, then this obligation
shall be void; otherwise the sum herein stated shall be due and payable to the City of
Opa-locka and the Surety herein agrees to pay said sum immediately, upon demand of the
City, in good and lawful money of the United States of America, as liquidated damages for
failure thereof of said Principal.
Page 1 19
IN WITNESS WHEREOF, the above bonded parties have executed this instrument
under their several seals this day of , 2012, the name
and the corporate seal of each corporate party being hereto affixed and these
presents being duly signed by its undersigned representative.
IN PRESENCE
OF:
Seal) (Individual or Partnership Principal)
(Business Address)
(City/State/Zip)
(Business Phone)
ATTEST:
Secretary (Corporate Surety)*
B
y
*Impress Corporate Surety Seal
IMPORTANTSurety companies executing bonds must appear on the Treasury
Department's most current list (circular 570 as amended) and
be authorized to transact business in the State of Florida.
Page 120
RFP NO: 14-XXXXXXX
PRICE PROPOSAL FORM
PROPONENT understands and agrees that the Contract Price is the lump sum to furnish and
install all of the Work complete in place. Contractor's price will not be adjusted unless the
CITY changes the scope of the Project after the Contract Date.
As such, the Contractor shall furnish all labor, materials, equipment, tools, superintendence
and services necessary to provide a complete, in place Project for the Proposed Price of:
LUMP SUM PRICE: $ Dollars
and Cents
Attach the itemized price based on the plans, and specifications.
1. The ENTIRE WORK shall be completed, in full, within Calendar days
from the date stipulated in the NOTICE TO PROCEED.
Failure to complete the entire work during the described time period shall
result in the assessment of liquidated damages as indicated in 18.23.
2. Communications concerning this Bid shall be addressed to:
PROPONENT:.
Address:
Telephone:
Facsimile:
Attention:
3. The terms used in this RFP which are defined in the General Conditions of the
Construction Contract included as part of the Contract Documents have the
meanings assigned to them in the General Conditions.
Page 121
SUBMITTED
THIS DAY OF 2014.
BID SUBMITTED BY:
Company Telephone Number
Name of Person Authorized to Submit
Bid
Signature
Title
Fax Number
Email Address
Page 122
Sponsored by: City Manager
RESOLUTION NO.14-8841
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH
LANDSHORE ENTERPRISES, LLC, IN AN AMOUNT NOT TO
EXCEED $1,636,167.00, FOR DESIGN BUILD SERVICES FOR
THE BURLINGTON STREET CANAL DREDGING, BANK
RESTORATION, AND STABILIZATION WITH SLOPE
CORRECTION, PAYABLE FROM ACCOUNT NUMBER 43-
5386327, A BUDGETED ITEM; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka desires to award the contract
to Landshore Enterprises for design -build services for the Burlington Street Canal; and
WHEREAS, the goal of the project is to improve public safety, flood control wate
quality, and canal aesthetics; and
WHEREAS, the services for the dredging, bank restoration, and stabilization with slope
correction will take place in three (3) phases based on available grants; and
WHEREAS, this project is budgeted and partially funded by FDEP grant with the first
phase of the design -build services limited to available FDEP grant; and
WHEREAS, Landshore Enterprises, LLC ranked number 1 based on the review by the
Evaluation Committee; and
WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to
enter into an agreement with Landshore Enterprise, LLC, a design -build firm, for improvements
to Burlington Street Canal.
Resolution No. 14-8841
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, directs and authorizes the
City Manager to enter into an agreement with Landshore Enterprise, LLC, a design -build firm,
for design build services for the Burlington Street Canal dredging, bank restoration, and stabilization with
slope correction, payable from Account Number 43-5386327, a budgeted item.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1e day of September, 2014.
MYRA T " LOR
MAYOR
ttest to:
anna Flores
ity Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Johnson:
Commissioner Santiago:
Vice -Mayor Kelley:
Mayor Taylor:
Appr . ed as
1
fo i'!and le s ff' ency
J . Geller
EE SPOON MARDER PA
ity Attorney
COMMISSIONER HOLMES
COMMISSIONER JOHNSON
5-0
YES
YES
YES
YES
YES
City of Opa-Locka
Agenda Cover Memo
Commission Meeting
Date: 09/10/2014
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal Impact
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
x
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
x
x
Funding Source:
Account# 43-5386327
(Enter Fund & Dept)
Ex:
FDEP Grants
Advertising Requirement:
(EnterX in box)
RFP#: 14-3007100
Yes
No
x
Contract/P.O. Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bid #:
14-3007100
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life & City
Communcation
Area:
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Will improve public safety, flood
control, water quality, and canal
aesthetics.
X
Dev am
�
ED
Image NE
lr
Sponsor Name
City Manager
Department:
City Manager -CIF
Short Title:
Burlington Street Canal Improvements
Staff Summary:
The purpose of this resolution is to receive design -build services from Landshore Enterprises, LLC for the
Burlington Street Canal dredging, bank restoration, and stabilization with slope correction. The design -build
services will include design, applicable permits, and construction per local, County, State and other
applicable standards, rules and regulations. The Burlington Street Canal current does not comply with
required slope per South Florida Water Management District criteria. The Canal has progressive bank
erosion which is already impacting the adjacent private properties. The bank is very sharp and uneven and is
health hazard. The existing condition of the Canal bank has deteriorated as residents are complaining about
the threat to their property and public safety. The unprotected Canal bank is degrading the surface water
quality and canal is losing its aesthetic view. The Canal bank has to be restored to ensure required slope
compliance with the South Florida Water Management District regulations. The slope restoration and
stabilization will enhance public safety, address surface water quality and will also protect adjacent
properties. The restoration and related dredging will be included in the scope to improve the environmental
conditions and also the surface water and canal aesthetic.
Staff recommends approval in order to improve public safety, flood control, water quality, and canal aesthetics.
Attachment:'
1. Agenda
2. Evaluation Summary
MEMORANDUM
To:
Mayor Myra L. Taylor
Vice Mayor Joseph L.
Commissioner Timothy H
Commissioner Do thy J
Commissioner Luis ; . S
FROM: Kelvin L. Baker, City Manag
DATE: September 03, 2014
RE: Burlington Street Canal Improvements
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH LANDSHORE ENTERPRISES, LLC IN THE AMOUNT NOT
TO EXCEED ONE MILLION SIX HUNDRED THIRTY SIX THOUSAND ONE
HUNDRED SIXTY SEVEN DOLLARS ($1,636,167.00) FOR THE DESIGN BUILD
SERVICES FOR THE BURLINGTON STREET CANAL DREDGING, BANK
RESTORATION, AND STABILIZATION WITH SLOPE CORRECTION IN
MAXIMUM THREE DIFFERENT PHASES BASED ON AVAILABLE GRANTS,
PAYABLE FROM ACCOUNT NUMBER 43-5386327 (BUDGETED).
Description: The purpose of awarding the contract to Landshore Enterprises is to receive design -
build services for the Burlington Street Canal dredging, bank restoration, and stabilization with slope
correction. The design -build services will include design, applicable permits, and construction per
local, County, State and other applicable standards, rules and regulations. The goal of the project is to
improve public safety, flood control, water quality, and canal aesthetics.
Account Number: 43-5386327
Financial Impact: This project is budgeted and partially funded by FDEP grant. The project will be
in construction in maximum three different phases based on available grants money. The 1St phase of
the design -build services will be limited to available FDEP grant.
Implementation Time Line: As soon as possible.
Recommendation(s): City received total three bids and evaluation result is summarized below:
Vendor
Quote
Score
Rank
Landshore Enterprises, LLC
$1,636,167.00
431
lst
C&I Construction and
Design, Inc.
$1,625,998.00
408
2nd
Florida Engineering &
Development Corp.
$2,408,000.00
230
3rd
Landshore Enterprises, LLC _is_the _most _responsive _and highest ranked bidder. Awarding Contract to
Landshore Enterprises, LLC is for the best interest of the city.
Analysis:
The Burlington Street Canal current does not comply with required slope per South Florida Water
Management District criteria. The Canal has progressive bank erosion which is already impacting the
adjacent private properties. The bank is very sharp and uneven and is health hazard. The existing
condition of the Canal bank has deteriorated as residents are complaining about the threat to their
property and public safety. The unprotected Canal bank is degrading the surface water quality and
canal is losing its aesthetic view. The Canal bank has to be restored to ensure required slope
compliance with the South Florida Water Management District regulations. The slope restoration and
stabilization will enhance public safety, address surface water quality and will also protect adjacent
properties. The restoration and related dredging will be included in the scope to improve the
environmental conditions and also the surface water and canal aesthetic.
ATTACHMENT(S):
1. Evaluation Summary
PREPARED BY: Maqsood Mohammad Nasir, PE, CIP Director/City Engineer
END OF MEMORANDUM
EVALUATION REVIEW FOR RFP 14-3007100
BURLINGTON STREET CANAL
Florida Engineering &
Development
Landshore Enterprises,
LLC
C & I Construction & Design
Price (lump sum) max pts
55
Gerald
37
54
55
Delia
37
54
55
Airia
37
54
55
Vernell
37
54
55,
Shaquellia
37
54
55
Local Hire - max pts 15
Gerald
0
15
5
Delia
0
10
10
Airia
0
10
4
Vernell
0
15
10
Shaquellia
0
15
3
Conceptual Plans - max pts
10
Gerald
3
5
8
Delia
5_
5
5
Airia
3
6
9
Vernell
4
5
8
Shaquellia
5
6
8
References - max pts 10
Gerald
0
10
5
Delia
0
10
10
Airia
0
4
4
Vernell
0
10
10
Shaquellia
0
10
10
DBE Preference - max pts
5
Gerald
0
0
0
Delia
0
0
0
Airia
0
0
0
Vernell
0
0
0
Shaquellia
0
0
0
Letter of Introduction -
max pts 5
Gerald
5
5
5
Delia
5
5
5
Airia
5
5
5
Vernell
5
5
5
Shaquellia
5
5
4
TOTALS
230
431
408
EVALUATION REVIEW FOR RFP 14-3007100
BURLINGTON STREET CANAL
Florida Engineering & Development
Landshore Enterprises, LLC
C & I Construction & Design
Price (lump sum) max pts
3°7
515555
Local Hire - max pts 15
0
/ 5
5
Conceptual Plans - max pts
10
3
5
8
References - max pts 10
0
l 0
/0
DBE Preference - max pts 5
0
0
0
Letter of Introduction - max
ts5
/1 w
5
5_
5
DATE
SIGNATURE
PRINT NAME
EVALUATION REVIEW FOR RFP 14-3007100
BURLINGTON STREET CANAL
Florida Engineering & Development
Landshore Enterpris es, LLC
C & I Construction & Design
(lump sum) max ptsZ
55
7Price
r-
\—.0
Lo cal Hire - max pts 15
0
/0
/0
Co nceptual Plans - max pts
10
,j` `::�
�'
+ .. �1
'
iji
References - max pts 10
0
/ D
0
DBE Preference - max pts 5
0
0 `.,,:
0
Le tter of Introduction - max
is 5"
6
6-
SIGNATURE
:7,) .,"/
PRINT NAME
DATE
I�
EVALUATION REVIEW FOR RFP 14-3007100
BURLINGTON STREET CANAL
Florida Engineering & Development
Landshore Enterprises, LLC
C & I Construction & Design
Price (lump sum) max pts
55
, -V
3 q
Local Hire - max pts 15
o
/0
2/
Conceptual Plans - max pts
10
6
7
References - max pts 10
CP
It
q
DBE Preference - max pts 5
Letter of Introduction - max
ts 5
3
3
SIGNATURE
DATE
si-zz-\)
PRINT NAME
EVALUATION REVIEW FOR RFP 14-3007100
BURLINGTON STREET CAN AL
Florida Engineering & Development
Landshore Enterprises, LLC
C & I Construction & Design
Price (lump sum) max pts
55
.5 I--
,r. r
' Zj
Local Hire - max pts 15cp
l S
/ 0
Conceptual Plans - max pts
10
4-
5
3
References - max pts 10
0
/ O
/ D
DBE Preference - max pts 5
0
.
0
Letter of Introduction - max
is 5
0
5
SIGNATURE
ize---. <-/7 (-
PRINT NAME
PRINT NAME
EVALUATION REVIEW FOR RFP 14-3007100
BURLINGTON STREET CANAL
Fl orida Engineering & Development
Landshore Enterprises, LLC
C & I Construction & Design
Price (lump sum) max pts
55(73LI
5
.
r
Local Hire - max pts 15
0
I h
Co nceptual Plans - max pts
10
5 -
References - max pts 10
C
1 6
10
DBE Preference - max pts 5O
6
0 -
Letter of Introduction - max
ts5
b
5
Y
cm
ir
DESIGN BUILD CONTRACTOR AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
Landshore Enterprises, LLC
FOR
Burlington Street Canal Slope Restoration
Completion of Phase I
AGREEMENT
THIS IS AN AGREEMENT, dated the _ day of , 2021, between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY,"
and
Landshore Enterprises, LLC
A licensed Company, authorized to do business in the State of Florida,
hereinafter "DESIGN BUILD CONTRACTOR"
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments
hereinafter set forth, CITY and DESIGN BUILD CONTRACTOR agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to
generally express the objectives, and intentions, of the respective parties herein, the following
statements, representations and explanations shall be accepted as predicates for the undertakings
and commitments included within the provisions which follow and may be relied upon by the
parties as essential elements of the mutual considerations upon which this Agreement is based.
1.1 CITY requested proposals for Burlington Street Canal Slope Restoration indicating the
CITY's desire to hire a DESIGN BUILD CONTRACTOR to perform this work
1.2 On October 27, 2021, the CITY awarded the DESIGN BUILD CONTRACTOR and
authorized the proper CITY officials to enter into an agreement with DESIGN BUILD
CONTRACTOR to render the services more particularly described herein below.
ARTICLE 2
SCOPE OF WORK
2.1 The DESIGN BUILD CONTRACTOR shall furnish all of the materials, tools, supplies, and
labor necessary to prepare plans, specifications, permitting and complete construction of
Burlington Street Canal Site No.1, a copy of the RFP is attached hereto and specifically
made a part of this agreement as Composite Exhibit "A".
2.2 DESIGN BUILD CONTRACTOR hereby represents to CITY, with full knowledge that CITY is
relying upon these representations when entering into this Agreement with DESIGN BUILD
CONTRACTOR, that DESIGN BUILD CONTRACTOR has the professional expertise,
experience and manpower to perform the services to be provided by DESIGN BUILD
CONTRACTOR pursuant to the terms of this Agreement
2.3 DESIGN BUILD CONTRACTOR assumes professional and technical responsibility for
performance of its services to be provided hereunder in accordance with recognized
professional standards for specified services. If within three (3) years following
completion of its services, such services fail to meet the aforesaid standards, and the CITY
promptly advises DESIGN BUILD CONTRACTOR, DESIGN BUILD CONTRACTOR agrees to
re -perform such deficient services without charge to the CITY.
2.4 DESIGN PHASE
DESIGN BUILD CONTRACTOR should cause for the proposed improvements under
this agreement to be designed according to the all applicable Miami -Dade
County and City of Opa-locka requirements. Copies of the construction
documents should be submitted to City staff for review and approval prior to
submittal for permitting. At a minimum the design phase shall include the
following:
• Preliminary Engineering
• Field Investigations
• Dredging Requirements
• Survey
• Basis of Design
• Final Design of cross sections
2.5 PERMITTING
• Obtain all permit approvals from all applicable regulatory agencies and City of Opa-
locka Building and Licensing Department.
2.6 CONSTRUCTION
Upon concurrence and award of the DESIGN BUILD CONTRACTOR, Landshore
Enterprise, LLC, shall initiate the design, permitting and subsequently the construction
to begin and the work to take place as outlined below:
• Construction
• Coordination with City for construction inspections
• Final certification of Slope Restoration by the City of Opa-Locka and Miami -Dade
County - South Florida Water Management District Permitting Section.
• The DESIGN BUILD CONTRACTOR shall provide As -Built Drawings at the project
closeout.
ARTICLE 3
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
3.1 The DESIGN BUILD CONTRACTOR shall commence work to be performed under this
Agreement within five (5) working days from the Notice to Proceed (NTP) and shall
complete on/before December 31, 2022.
3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for
completion approved by CITY in advance, in writing, will not constitute a delay by DESIGN
BUILD CONTRACTOR. Furthermore, a delay due to an Act of God, fire, lockout, strike or
labor dispute, riot or civil commotion, act of public enemy or other cause beyond the
control of DESIGN BUILD CONTRACTOR shall extend this Agreement for a period equal to
such delay and during this period such delay shall not constitute a delay by DESIGN BUILD
CONTRACTOR for which liquidated damages are due.
3.3 DESIGN BUILD CONTRACTOR's failure to perform the work specified in this Agreement
shall result in DESIGN BUILD CONTRACTOR being required to pay liquidated damages in
the Amount $750 per day for each unexcused day after the completion date set forth in
Section 3.1 above.
ARTICLE 4
DESIGN BUILD CONTRACTOR SUM
4.1 The CITY hereby agrees to pay DESIGN BUILD CONTRACTOR for the faithful performance
of this Agreement, $455.531.30 for work to be completed in accordance with the
"Proposal" submitted by DESIGN BUILD CONTRACTOR. Work completed by the DESIGN
BUILD CONTRACTOR shall be as reflected in the proposal submitted, a copy of which is
attached hereto and made a part hereof as Exhibit "B", with no change in the price shown.
A total contract price hereto is referred to as DESIGN BUILD CONTRACTOR Sum and shall
be Four Hundred Fifty -Five Thousand Five Hundred Thirty -One Dollars and 30/100
($455,531.30).
4.2 Not withstanding any other provision of this DESIGN BUILD CONTRACT, the DESIGN
BUILD CONTRACTOR shall guarantee all portions of the Project against poor workmanship
and faulty materials for a period of three (3) years after final payment and shall
immediately correct any defects which may appear during this period upon notification by
CITY. This provision shall in no way affect the manufacturing warranty for repair or
replacement.
4.3 The making and acceptance of the final payment shall constitute a waiver of all claims by
DESIGN BUILD CONTRACTOR except those previously made and still unsettled.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted by the DESIGN BUILD CONTRACTOR
to the Owner, and upon Project Applications and Certificates for Payment issued by the
Owner, the Owner shall make progress payments on account of the DESIGN BUILD
CONTRACT Sum to the DESIGN BUILD CONTRACTOR as provided below and elsewhere
in the DESIGN BUILD CONTRACT Documents.
5.2 The period covered by each Application for payment shall be one calendar month
ending on the last day of the month, or as follows:
5.2.1. The City is under a declared State of Financial Emergency pursuant to Section
218.503, Florida Statutes. As a result, the parties to this Agreement acknowledge
that all invoices presented for payment shall be reviewed and approved by the State
of Florida prior to payment and that the City is therefore unable to comply with the
Florida Local Government Prompt Payment Act.
5.2.2. Each Application for Payment shall be based upon the Schedule of Values
submitted by the DESIGN BUILD CONTRACTOR in accordance with the DESIGN
BUILD CONTRACT Documents. The Schedule of Values shall allocate the entire
DESIGN BUILD CONTRACT Sum among the various portions of the Work and be
prepared in such form and supported by such data to substantiate its accuracy
as the Owner may require. This schedule, unless objected to by the Owner, shall
be used as a basis for reviewing the DESIGN BUILD CONTRACTOR's
Applications for Payment.
5.2.3. Applications for Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for
Payment.
5.2.4. Subject to the provisions of the DESIGN BUILD CONTRACT Documents, the
amount of each progress payment shall be computed as follows:
5.2.4.1 Take that portion of the DESIGN BUILD CONTRACT Sum properly allocable
to completed Work as determined by multiplying the percentage
completion of each portion of the Work by the share of the total DESIGN
BUILD CONTRACT Sum allocated to that portion of the Work in -the
Schedule of Values, less retainage of Ten percent (10%). Pending final
determination of cost to the Owner of changes in the Work, amounts not in
dispute may be included in applications for Payment. The amount of credit
to be allowed by the DESIGN BUILD CONTRACT to the Owner for a deletion
or change which results in a net decrease in the DESIGN BUILD CONTRACT
Sum shall be actual net cost as confirmed by the Construction Manager.
When both additions and credits covering related Work or substitutions
are involved in a change the allowance for overhead and profit shall be
figured on the basis of net increase, if any, with respect to that change.
5.2.4.2 Add that portion of the DESIGN BUILD CONTRACT Sum properly allocable
to materials and equipment delivered and suitably stored at the site for
subsequent incorporation in the completed construction (or, if approved
in advance by the Owner, suitably stored off the site at a location agreed
upon in writing), less retainage of ten percent (10%):
5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and
subtract amounts, if any, for which the Construction Manager has withheld
or nullified a Certificate for Payment.
5.3 The progress payment amount determined in accordance with the above shall be
further modified under the following circumstances:
5.4
5.3.1 Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to Ninety percent (90%) of the DESIGN
BUILD CONTRACT Sum, less such amounts as the Construction
Manager recommends and the Owner determines for incomplete
Work and unsettled claims; and
5.4 Reduction or limitation of retainage, if any, shall be as follows: None
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the DESIGN BUILD CONTRACT
Sum, shall be made by the Owner to the DESIGN BUILD CONTRACTOR when (1) the DESIGN
BUILD CONTRACT has been fully performed by the DESIGN BUILD CONTRACTOR except for
the DESIGN BUILD CONTRACTOR's responsibility to correct nonconforming Work and to
satisfy other requirements, if any, which necessarily survive final payment: and (2) a final
Project Certificate for Payment has been issued by the Owner and 3) the DESIGN BUILD
CONTRACTOR has met all provisions of the reporting requirements of grants if the project
is funded by grant money; such final payment shall be made by the Owner not more than 20
days after the issuance of the final Project Certificate for Payment.
ARTICLE 7
DESIGN BUILD CONTRACTOR'S LIABILITY INSURANCE
7.1 The DESIGN BUILD CONTRACTOR shall not commence work under this DESIGN BUILD
CONTRACT until it has obtained all insurance required under this Article and such
insurance has been approved by the CITY nor shall the DESIGN BUILD CONTRACTOR allow
any SUB -CONTRACTOR, if applicable, to commence work on a SUB -CONTRACT until all
similar such insurance required of the SUB -CONTRACTOR has been obtained and
approved.
7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with
the City prior to the commencement of the work. These Certificates shall contain a
provision that coverage afforded under these policies will not be canceled until at least
thirty days (30) prior written notice has been given to the CITY. Policies shall be issued by
companies authorized to do business under the laws of the State of Florida.
7.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide",
published by A.M. Best Guide.
7.4 Insurance shall be in force until all work required to be performed under the terms of the
DESIGN BUILD CONTRACT is satisfactorily completed as evidenced by the formal
acceptance by the CITY. In the event the insurance certificate provided indicates that the
insurance shall terminate and lapse during the period of this DESIGN BUILD CONTRACT,
then in that event, the DESIGN BUILD CONTRACTOR shall furnish, at least three (3) days
prior to the expiration of the date of such insurance, a renewed certificate of insurance as
proof that equal and like coverage for the balance of the period of the DESIGN BUILD
CONTRACT and extension there under is in effect The DESIGN BUILD CONTRACTOR shall
not continue to work pursuant to this DESIGN BUILD CONTRACT unless all required
insurance remains in full force and effect.
7.5 Comprehensive General Liability insurance to cover liability bodily injury and property
damage. Exposures to be covered are: premises, operations, products/completed
operations, and certain contracts. Coverage must be written on an occurrence basis, with
the following limits of liability:
(a) Workers' Compensation Insurance - as required by law;
(b) Employer's Liability Insurance - $1,000,000 per occurrence;
(c) Automobile Liability Insurance - $2,000,000 per occurrence, $1,000,000 per
accident;
(d) Accident for bodily injury $300,000 and $1,000,000 per accident for property
damage.
(e) Professional liability insurance of each design consultant- minimum $500,000.
7.6 The DESIGN BUILD CONTRACTOR shall hold the CITY, its agents, and employees, harmless
on account of claims for damages to persons, property or premises arising out of the
operations to complete this Agreement and name the CITY as an additional insured under
their policy.
7.7 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures.
ARTICLE 8
PROTECTION OF PROPERTY
8.1 At all times during the performance of this DESIGN BUILD CONTRACT, the DESIGN BUILD
CONTRACTOR shall protect the CITY's property and properties adjoining the Project site
from all damage whatsoever.
ARTICLE 9
DESIGN BUILD CONTRACTOR'S INDEMNIFICATION
9.1 The DESIGN BUILD CONTRACTOR agrees to release the CITY from and against any and all
liability and responsibility in connection with the above mentioned matters and with the
work being performed by DESIGN BUILD CONTRACTOR The DESIGN BUILD
CONTRACTOR further agrees not to sue or seek any money or damages from CITY in
connection with the above mentioned matters.
9.2 The DESIGN BUILD CONTRACTOR agrees to indemnify and hold harmless the CITY, its
trustees, elected and appointed officers, agents, servants and employees, from and against
any and all claims, demands, or causes of action of whatsoever kind or nature, and the
resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,
judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason
of, or resulting from the DESIGN BUILD CONTRACTOR's negligent acts, errors, or
omissions.
9.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its
agents, officers, or employees, such liability shall be limited to the extent and limit
provided in 768.28, Florida Statutes. This provision shall not be construed as a waiver
of any right or defense that the City may possess. The City specifically reserves all rights
as against any and all claims that may be brought.
ARTICLE 10
INDEPENDENT DESIGN BUILD CONTRACTOR
10.1 This Agreement does not create an employee/employer relationship between the parties.
It is the intent of the parties that the DESIGN BUILD CONTRACTOR is an independent
CONTRACTOR under this Agreement and not the CITY's employee for any purposes,
including but not limited to, the application of the Fair Labor Standards Act minimum wage
and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State
Workers Compensation Act, and the State unemployment insurance law and similar laws.
The DESIGN BUILD CONTRACTOR shall retain sole and absolute discretion in the judgment
of the manner and means of carrying out the DESIGN BUILD CONTRACT's activities and
responsibilities hereunder provided. This Agreement shall not be construed as creating
any joint employment relationship between the DESIGN BUILD CONTRACTOR and the
CITY and the CITY will not be liable for any obligation incurred by DESIGN BUILD
CONTRACTOR, including but not limited to unpaid minimum wages and/or overtime
premiums.
ARTICLE 11
DESIGN BUILD CONTRACTOR BOND
The DESIGN BUILD CONTRACTOR is required to furnish a Performance Bond and Payment
Bond, each, in the amount of 100% of the total Bid Price, including Alternates if any, with
the City of Opa-Locka as the obligee, as security for the faithful performance of the contract
and for the payment of all persons performing labor or furnishing materials in connection
herewith. The bonds shall be with a surety company authorized to do business in the State
of Florida.
ARTICLE 12
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
12.1 CITY or DESIGN BUILD CONTRACTOR may request changes that would increase decrease
or otherwise modify the Scope of Services/Basic Services to be provided under this
Agreement as described in Article 2 of this Agreement. Such changes or additional services
must be in accordance with the provisions of the Code of Ordinances of the CITY and must
be contained in a written amendment, executed by the parties hereto, with the same
formality and with equality and dignity prior to any deviation from the terms of this
Agreement, including the initiation of any additional or extra work. Each amendment shall
at a minimum include the following information on each project:
PROJECT NAME
PROJECT DESCRIPTION
ESTIMATED PROJECT COST
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT DESIGN BUILD CONTRACTOR
ESTIMATED PROJECT COMPLETION DATE
12.2 In no event will the DESIGN BUILD CONTRACTOR be compensated for any work which has
not been described in a separate written agreement executed by the parties hereto.
ARTICLE 13
TERM AND TERMINATION
13.1 This Agreement may be terminated by either party for cause, or the CITY for convenience,
upon written notice by the CITY to DESIGN BUILD CONTRACTOR in which event the
DESIGN BUILD CONTRACTOR shall be paid its compensation for services performed to
termination date. In the event that the DESIGN BUILD CONTRACTOR abandons this
Agreement or causes it to be terminated, he shall indemnify the CITY against any loss
pertaining to this termination up to a maximum of the full DESIGN BUILD CONTRACT sum.
All finished or unfinished documents, data, studies, plans, surveys, and reports prepared
by DESIGN BUILD CONTRACTOR shall become the property of CITY and shall be delivered
by DESIGN BUILD CONTRACTOR to CITY.
13.2 This Agreement shall take effect as of the date of execution as shown herein below and
continue for such time as is contemplated by the Agreement
ARTICLE 14
CONTRACT DOCUMENTS
14.1 DESIGN BUILD CONTRACTOR and CITY hereby agree that the following Specification and
Contract Documents, which are attached hereto and made a part thereof, are fully
incorporated herein and made a part of this Agreement, as if written herein word for
word: This Agreement; CONSULTANT's proposal as set forth in Exhibit "B"; the RFP,
Exhibit "A" and any other exhibits thereto, or to this Agreement. However, the language
of the RFP shall be amended as follows: The DESIGN BUILD CONTRACTOR will be
expected to rectify any omissions and make such changes as deemed appropriate at no
additional cost unless otherwise agreed to by the parties in writing.
ARTICLE 15
MISCELLANEOUS
15.1 Legal Representation:
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement and, accordingly, the rule that a DESIGN BUILD
CONTRACT shall be interpreted strictly against the party preparing same shall not apply due to
the joint contribution of both parties.
15.2 Assignments:
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered, under any circumstances, by DESIGN BUILD CONTRACTOR without the prior
written consent of CITY. For purposes of this Agreement, any change of ownership of DESIGN
BUILD CONTRACTOR shall constitute an assignment which requires CITY approval. However, this
Agreement shall run to the CITY and its successors and assigns.
15.3 Records:
DESIGN BUILD CONTRACTOR shall keep books and records and require any and all SUB-
CONTRACTORS to keep books and records as may be necessary in order to record complete and
correct entries as to personnel hours charged to this engagement, and any expenses for which
DESIGN BUILD CONTRACTOR expects to be reimbursed, if applicable. Such books and records will
be available at all reasonable times for examination and audit by CITY and shall be kept for a period
of three (3) years after the completion of all work to be performed pursuant to this Agreement, or
for such longer period as is required by law. Incomplete or incorrect entries in such books and
records will be grounds for disallowance by CITY of any fees or expenses based upon such entries.
15.4 Ownership of Documents:
Reports, surveys, plans, studies and other data provided in connection with this Agreement
are and shall remain the property of City.
15.5 No Contingent Fees:
DESIGN BUILD CONTRACTOR warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the DESIGN BUILD
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay
any person, company, corporation, individual or firm, other than a bona fide employee
working solely for DESIGN BUILD CONTRACTOR, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of this provision, the CITY shall have the right to
terminate the Agreement without liability at its discretion, to deduct from the DESIGN
BUILD CONTRACT Sum or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
15.6 Notice:
Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to
the party for whom it is intended and the remaining party, at the places last specified, and
the places for giving of notice shall remain such until they shall have been changed by
written notice in compliance with the provisions of this section. For the present, the
DESIGN BUILD CONTRACTOR and the CITY designate the following as the respective places
for giving of notice:
CITY:
COPY TO:
COPY TO:
John E. Pate, City Manager
780 Fisherman, 4th Floor
Opa-locka, FL 33054
Burnadette Norris -Weeks, City Attorney
401 NW 7th Avenue
Fort Lauderdale, FL 33311
Airia Austin, CIP Director
780 Fisherman Street, 4th Floor
Opa-locka, FL 33054
DESIGN BUILD CONTRACTOR: Landshore Enterprises, LLC
15.7 Binding Authority:
Each person signing this Agreement on behalf of either party individually warrants that he
or she has full legal power to execute this Agreement on behalf of the party for whom he or
she is signing, and to bind and obligate such party with respect to all provisions contained
in this Agreement.
15.8 Exhibits:
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
exhibits if not physically attached should be treated as part of this Agreement and are
incorporated herein by reference.
15.9 Headings:
Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
15.10 Severability:
If any provision of this Agreement or application thereof to any person or situation shall,
to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall
have been held invalid or unenforceable shall not be affected thereby, and shall continue in
full force and effect, and be enforced to the fullest extent permitted by law.
15.11 Governing Law:
This Agreement shall be governed by the laws of the State of Florida with venue lying in
Miami -Dade County, Florida.
15.12 Disputes:
Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated
in the Eleventh judicial Circuit Court in and for Miami -Dade County.
15.13 Attorney's Fees:
To the extent authorized by law, in the event that either party brings suit for enforcement
of this Agreement, the prevailing party shall be entitled to attorney's fees and court costs
in addition to any other remedy afforded by law.
15.14 Extent of Agreement:
This Agreement, together with all DESIGN BUILD CONTRACT documents, and all exhibits
hereto or to the DESIGN BUILD CONTRACT documents, represents the entire and
integrated agreement between the CITY and the DESIGN BUILD CONTRACTOR and
supersedes all prior negotiations, representations or agreements, either written or oral.
15.15 Waiver:
Failure of the CITY to insist upon strict performance of any provision or condition of this
Agreement, or to execute any right therein contained, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall
remain in full force and effect.
15.16 Equal Opportunity Employment:
DESIGN BUILD CONTRACTOR agrees that it will not discriminate against any employee or
applicant for employment for work under this Agreement because of race, color, religion,
sex, age, national origin, or disability and will take affirmative steps to ensure that
applicants are employed and employees are treated, during employment, without regard
to race, color, religion, sex, age, national origin or disability. This provision shall include,
but not be limited to, the following: employment upgrading, demotion or transfer;
recruitment advertising, layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeships.
ARTICLE 16
E -VERIFY FORM
Effective January 1, 2021, public and private employers, contractors and subcontractors
will begin required registration with, and use of the E -verify system in order to verify
the work authorization status of all newly hired employees.
Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department
of Homeland Security's E -Verify System to verify the employment eligibility of:
a. All persons employed by Vendor/Consultant/Contractor to perform employment
duties within Florida during the term of the contract; and
b. All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with
the Department. The Vendor/Consultant/Contractor acknowledges and agrees
that use of the U.S. Department of Homeland Security's E -Verify System during
the term of the contract is a condition of the contract with the City of Opa-locka;
and
Should vendor become successful Contractor awarded for the above -named project, by
entering into this Contract, the Contractor becomes obligated to comply with the
provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time
to time. This includes but is not limited to utilization of the E -Verify System to verify the
work authorization status of all newly hired employees and requiring all subcontractors
to provide an affidavit attesting that the subcontractor does not employ, contract with,
or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such
affidavit for the duration of the contract. Failure to comply will lead to termination of
this Contract, or if a subcontractor knowingly violates the statute, the subcontract must
be terminated immediately. If this contract is terminated for a violation of the statute by
the Contractor, the Contractor may not be awarded a public contract for a period of 1
year after the date of termination.
ARTICLE 17
NOTICE TO PROCEED
The DESIGN BUILD CONTRACTOR and the engineer shall commence work within five (5)
five working days from the date of the Notice to Proceed (NTP). No work shall begin
without NTP.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and
year first written above.
CITY OF OPA-LOCKA
ATTEST:
BY:
Joanna Flores, CMC John E. Pate
City Clerk City Manager
APPROVED AS TO FORM:
Burnadette Norris -Weeks, P.A., City Attorney
LANDSHORE ENTERPRISES, LLC
WITNESSES:
(Name & Signature)
Authorized Representative
(Name & Signature)
ATTEST:
(Name & Signature)
SECRETARY
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as , of , a
Florida corporation, and acknowledged executed the foregoing Agreement as the proper
official of , for the use and purposes mentioned in it and affixed the official seal of
the corporation, and that the instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the
State and County aforesaid on this _ day of . 2021.
NOTARY PUBLIC
My Commission Expires:
See attached document for Exhibit "A"
REQUEST FOR PROPOSAL (RFP)
See attached document for Exhibit "B"
DESIGN BUILD CONTRACTOR'S PROPOSAL
REMAINING SCOPE AND FEES TO COMPLETE PHASE I - PROPOSAL DATED 09/08/2021