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HomeMy Public PortalAbout22-9976 Contract with HR Paving for 133rd StreetSponsored by: City Manager RESOLUTION NO. 22-9976 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK THE MIAMI DADE COUNTY CONTRACT WITH H&R PAVING, INC. FOR QUALIFIED PROFESSIONAL SERVICES FOR PUSH BUTTON INTERSECTIONS IMPROVEMENT, AND ENTER INTO AN AGREEMENT WITH H&R PAVING, INC. FOR DRAINAGE IMPROVEMENT ALONG NW 133RD STREET FROM NW 42ND AVENUE TO 4400 NW 133RD STREET, WITHIN THE CITY OF OPA-LOCKA, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY THREE THOUSAND, SEVEN HUNDRED TWO DOLLARS ($143,702.00); AUTHORIZING A TEN PERCENT (10%) PROJECT CONTINGENCY BUDGET, IN AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND, THREE HUNDRED SEVENTY DOLLARS ($14,370.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in an effort to mitigate flooding in the City of Opa-Locka ("City"), the City Manager has identified drainage work to assist in that end; and WHEREAS, the proposed work, which is located on NW 133rd Street, consists of six (6) catch basins and three hundred (300) feet of a French drainage system. The drainage system will be installed between NW 42nd Avenue and 4400 NW 133rd Street, including temporary pavement repair to those sections where French drains will be installed. The street will be milled and resurfaced later as a follow-up phase under the Milling & Resurfacing Project; and WHEREAS, Miami -Dade County previously awarded a contract to H&R Paving Inc., attached as Exhibit "A", pursuant to its Request for Qualifications (RFQ) No. 20190236 for Push Button Intersections Improvement for a one -and -a -half -year period commencing March 30, 2020 through September 21, 2021. The contract was subsequently renewed for an additional nine (9) months, set to expire on June 18, 2022; and WHEREAS, pursuant to Section 2-318(3) of the City's Purchasing Code (as approved by Ordinance 2020-07) the City may purchase and acquire under contracts with the federal government, the State of Florida or its political subdivisions and also municipal co-operative purchasing organizations and programs and when the City Resolution No. 22-9976 Manager has determined that the prices of the original contract are competitive and reasonable; and WHEREAS, the City received a proposal from H&R Paving, Inc., attached hereto as Exhibit "B", for One Hundred Forty -Three Thousand, Seven Hundred Two Dollars ($143,702.00) for drainage improvement along NW 133rd Street from NW 42nd Avenue to 4400 NW 133rd, within the City; and WHEREAS, additionally, Staff recommends the establishment of a ten percent (10%) contingency budget of Fourteen Thousand, Three Hundred Seventy Dollars ($14,370.00) to address small issues which might arise in the completion of the project. WHEREAS, the City Commission finds that it is in the best interest of the City to piggyback the Miami -Dade County contract with H&R Paving Inc., attached hereto as Exhibit "A", in order to benefit from already negotiated rates and enter into an agreement, attached hereto as Exhibit "C, for drainage improvement along NW 133rd Street from NW 42nd Avenue to 4400 NW 133rd, within the City, in an amount not to exceed One Hundred Forty -Three Thousand, Seven Hundred Two Dollars ($143,702.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka, Florida hereby authorizes the City Manager to piggyback on the Miami -Dade County contract with H&R Paving Inc. for qualified professional services for Push Button Intersections Improvement and enter into an Agreement with H&R Paving, Inc., attached hereto as Exhibit "C for drainage improvement along NW 133rd Street from NW 42nd Avenue to 4400 NW 133rd, within the City, in an amount not to exceed One Hundred Forty -Three Thousand, Seven Hundred Two Dollars ($143,702.00); further authorizing a ten percent (10%) Project Contingency Budget, in an amount not to exceed Fourteen Thousand, Three Hundred Seventy Dollars ($14,370.00). 2 Resolution No. 22-9976 SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, following review by the City Attorney, without the need for 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 April, 2022. Veronica Williams, Mayor ATTEST: nna Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUF ICIENCY: Bur adett- orri--Weeks, P.A. Cit : - orney Moved by: Commissioner Bass Seconded by: Vice Mayor Taylor 3 Resolution No. 22-9976 VOTE: 5-0 Commissioner Dominguez YES Commissioner Bass YES Commissioner Davis YES Commissioner Taylor YES Mayor Williams YES 4 City of Opa-locka Agenda Cover Memo Department Director: Airia Austin Department Director Signature: aL-%---.' City Manager: Darvin Williams CM Signature: Commission Meeting Date: 04/27/2022 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterXin box) Yes No Ordinance Reading: (EnterXin box) 1St Reading 2"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: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: El Strategic Plan 04/Strategy: (list the specific objective/strategy this item will address) X ii U oi U isi Sponsor Name City Manager Department: City Manager Short Title: NW 133rd Street — Drainage Improvement Project No. 2022-09-011 Staff Summary: A resolution from the City Commission of the City of Opa-locka, Florida to authorize the City Manager to accept a proposal from H&R Paving, Inc. to install a French Drain System along NW 133rd Street to mitigate flooding events on this street. The proposed work on NW 133rd Street consists of six (6) catch basins and three hundred (300) feet of a French drainage system. The drainage system will be installed between NW 42"d Avenue and 4400 NW 133rd Street, including temporary pavement repair to those sections where French drains will be installed. The street will be milled and resurfaced later as a follow-up phase under the Milling & Resurfacing Project. H&R Paving, Inc. has an existing contract with Miami -Dade County in response to RPQ # 20190236 for "Push Button Intersection Improvement South" that fits the scope of this project for piggybacking purposes. Financial Impact This project budget is included in Budget Amendment #3. In addition to the proposed contract amount of $143,702, it is recommended that a 10% contingency ($14,370) be established to be available for small change orders which may occur. The funding for this project will be provided by available funding in the People's Transportation Plan Fund ($22,445), General Fund Available Fund Balance ($29,585) and Stormwater Available Fund Balance ($106,042). Account Description Available Project Remaining Balance 87-541828 NW 133 St (Drainage) $106,042 $106,042 — 47-541828 NW 133 St (Road) $22,445 $22,445 — 44-541828 NW 133 St (Road) $29,585 $29,585 — Total Project $158,072 $158,072 — Proposed Action: Staff recommends the City Commission authorize the City Manager to enter into an agreement with the H&R Paving, Inc. for drainage improvement along NW 133rd Street from NW 42nd Avenue to 4400 NW 133rd for $143,702 and further authorize establishment of a contingency of $14,370 for small change orders which may arise. Attachment: 1. Agenda 2. Proposal provided by H&R Paving, Inc. 3. Street Map 4. MDC NTP Letter and BID form Package in response to the RFQ No. 20190236 5. Opa-locka Piggyback Contract. DRAINAGE IMPROVEMENTS NW 133rd Street Existing Catch Basins (1,2,5 & 6) to be Replaced Legend Catch Basin (6) © Manhole (3) Cross Drai npipe Fr ench Drain (300 ft.) Drainag e Basin / Paving Limits 1955 N.W. 110 Ave., Miami, FL 33172 Telephone: (305) 261-3005 Fax: (305) 592-6079 LICENSED AND INSURED TO CITY OF OPA LOCKA 780 FISHERMAN ST OPA- LOCKA, FLORIDA 33054 CONTACT PROPOSAL QUOTE NO. DATE: 1-7-22 JOB NW 133rd St Drainage Improvements RFQ: 20190236 - Miami Dade County PHONE We hereby propose to furnish all labor, material, equipment and insurance, SUBJECT TO ALL TERMS AND CONDITIONS AS SET FORTH ON BOTH SIDES OF THIS PROPOSAL, AS FOLLOWS: Item fi Description Quantity Unit Unit Price Contract Amount 425-1.541 Inlet Type D 6.00 EA $ 3,500.00 $ 21,000.00 425-1-907 Pollution Ratardant Baffle 6.00 EA $ 400.00 $ 2,400.00 425.2.41 Manhole P•7 3.00 EA $ 5,250.00 $ 15,750.00 430-171-125 Plpe Culvert 18" Dla. 72.00 LF $ 66.00 $ 4,752.00 443-70-4.3 French Drain 24" Dia. 300.00 LF $ 175.00 $ 52,500.00 110-4-1.1 Removal and Disposal of Exist. C/G 100.00 LF $ 5.00 $ 500.00 520.2 Concrete Curb and Gutter 100.00 LF $ 18.00 $ 1,800.00 110.4.108 Remove Existing Concrete 600.00 SY $ 15.00 $ 9,000.00 120-1 Regular Excavation 975.00 CY $ 10.00 $ 9,750.00 339-1 Miscellaneous Asphalt Pavement 85.00 TN $ 250.00 $ 21,250.00 102-1M M.O.T. 1.00 LS $ 5,000.00 $ 5,000.00 TOTAL $ 143,702.00 NOTES; • Final road milling and resurfacing to be done after this project and the sewer project have been completed, We hereby propose to furnish labor and materials • complete in accordance with the above specifications, for the sum shown above, with payment to be made as follows: NOTE: Cost of Permits to be billed additionally. Subgrade preparation if required under equipment rental basis, This proposal subject to acceptance within 30 days and is void thereafter at the option of H & R Paving, Inc. (READ REVERSE SIDE) Authorized Signature. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.1/3 upon acceptance,1/3 when rock base is in place, balance upon completion. INTEREST will be charged on all delinquent accounts at the highest legal rate of interest allowable under the laws of the state of Florida. ACCEPTED: Signature: Date: Signature: May 7, 2020 Raul Gonzalez I I & R Paving, Inc. 1955 N.W. 110th Avenue Miami, Florida 33172 Re: Notice of Proceed for MCC 7360 Plan w RPQ No: 20190236 Push Button Intersections Improvement South Dear Raul Gonzalez: MiAMI I A© LC'r)iih III,. Department of Transportation and Public Works Capital Improvements Division Capital Improvements Division 111 NW P' Street, I4°i Floor Miami, FL 33125 T 305.375-1918 F 305-375-5909 CERTIFIED MAIL No: 7016 0910 0000 9051 5550 EMAIL: I•HR@hrpaving.com TELEPHONE: 305-261.3005 This letter will serve as your notification that you are to proceed with the work described In RPQ# 20190236 starting Monday, March 30'x', 2020 and that all work must be completed on schedule in accordance with the contract documents. The lime allotted for the contract is 540 consecutive calendar days which results in a scheduled completion date of Tuesday, September 210, 2021. hi the event the project is not completed by the scheduled completion date and a time extension has not been granted, your firm shall be subject to any liquidated and or stipulated damages as defined In the contract documents for this project, Push Button Intersections Improvements South The complete execution of this Notice to Proceed shall constitute a contract for the work described in the RPQ under the Request for Price Quotation (RPQ) under the MCC 7360 Plan. Failure to properly execute and return this document within ten (10) calendar days of the date of this letter may result In the County rescinding the award to your fine and awarding the subject project to the next lowest responsive and responsible bidder, The terms and conditions applicable to this contract are in the 7360 Contract dated 6/112003 and the totality of the contract documents (Including but not limited to the RPQ including any special provisions contained therein, drawings and specifications, addenda, and any contract modifications or change order, etc.). This letter will also serve as a reminder that all work must be performed in accordance with the Contract Documents and in accordance with all applicable Federal, Stale and local laws, codes and regulations. In accordance the contract procedure, the Miami -Dade County Purchase Order Release Number is PCMT2000062, Should you have any question regarding this notification, please contact Joaquin Rabassa at 305-375-4338. Sincerely, Joaquin Rabassa, P.E. Construction Manager 3 To Be Completed by The Contracting Firm I understand and accept the terms and conditionsti/ for the RPQ # 20190236 referenced above. Accepted by: Company Name: l-7/e{��..th/�/NA)�j Authorized Representative Name: Authorized Representati a Si nature: Dated: 5707 alogcs The oregoing was sworn and subscribed before me this �7 day c// (;-0,41 1-7-7'Z Who is personally known to me rwho produced who being duly sworn, deposes and says that t e above is true t best of his knowled My Commission expires:)oV'- NOTARY PUBLIC STATE OF FLORIDA Note: Whoever is signing above is authorized to bind the corporation and must be an officer of the corporation es verified through the Florida Division of Corporations, of by as Identification t ,, elief. be" Rodriguez Commission # 6G16046'7 .P':# Expires: January 11, 2022 4;r,t,„ Bonded thru Aaron Notary Cc: Frank Guyamler, P.E., DTPW Alfredo Munoz, RE„ DTPW Roxena Dayarre, RE., DTPW Manuel Garcia, DTPW Alvaro Castro, DTPW 1�9 Alicia Area, DTPW r� RPQ # 20190236 PCMT2000062 Bassam Moubayed, DTPW Marcia Martin, ISD Freddy Valero, DTPW Rene Idarraga, P.E., DTPW DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS ROUTING SLIP DATE: 3/21/2022 (CIRCULATE IN ORDER) ROUTING SLIP NUMBER: DIVISION: Capital Improvements INITIAL & INITIAL & T DATE APPROVED DATE RETURNED 1. Alfredo Munoz, Chief Capital Improvements Division, DTPW AM 3/21/22 2. Alejandro Barrios, Assistant Director, Construction and Maintenance Division AB 3/23/22 3. Frank Guyamier, P.E. Deputy Director, DTPW 3/2%,9/2Z 4. 4. Eulois Cleckley, Director and CEO DTPW 5. Jimmy Morales, Chief Operation Officer . /2022 SUBJECT: 03/29/2022 COMMENTS Change Order 1: Time Extension, Project 20190236 Push Button Intersections Improvement- South NOTES: Briefing requests Change Order 1: Time Extension, Project 20190236 Push Button Intersections Improvement- South. Purpose/statement of the issue: • The purpose of this request is to obtain approval for the attached change order to DTPW's Push Button Intersections Improvement- South project, currently under construction. • This change order extends the contract time by 270 non compensable calendars days to complete the work planned for work orders (WO) numbers 5, 9, 11, 12 and 13. These work orders have been delayed due to permitting and utility issues causing excessive delays beyond the contractor's responsibility at the following locations: • • WO# 5 SW 137 Ave from SW 74 Street to SW 79 Street. • • WO# 9 SW 117 Ave and SW 104 Street. • • WO# 11 SW 152 Ave and SW 184 Street. • • WO# 12 -SW 117 Ave and SW 152 Street. • • WO# 13 -SW 147 Ave and SW 67 Lane. Background: • The original project scope provided to the contractor included Work under this Contract includes furnishing of all supervision, labor, materials, tools, equipment and performing all operations necessary for Intersection Improvements. - Work includes but is not limited to construction of asphaltic concrete road base and surface; pavement removal; pavement milling; pavement markings; signage; drainage; sidewalks; concrete curb and gutter; and traffic calming devices. Incidental items required for areas such as streetlight, traffic signal installation, etc. may be added to this Contract. • The funding sources for this project is Road Impact Fees (RIF). tecommendation: It is recommended that the Director & CEO and the Mayor or Mayor's designee approves this change order. Decision needed/ask: To have the Director & CEO execute the change order to later be signed by the Chief Operations Officer. Next steps: To be routed to Chief Operations Officer for signature. Danielle Levine Cave, Mayor CHANGE NO; 1 PROJECT NAME: PROJECT LOCATION: Venous locations (See comments Section) YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS t ion of wont authorized', This Change Order increases the contract time by 270 non-compensable calendar days. >au Monetary Justification; This Change Order does not Increase the contract amount. Time Justification: This change order extends the contract time by 270 non compensable calendars days in order to complete the work planned for work orders (WO) numbers 6, 9, 11, 12 and 13, These work orders have been delayed due to utility issues causing excessive delay beyond the contractor's responsibility at the following locations: • WO# 5 SW 137 Ave from SW 74 Street to SW 79 Street. • (Continued below) Thle payment authorization includes all direct and indirect costs associated with the work described herein including, but not limited to coe►e o► labor, material, job overhead, profit markup, costs for modifications or changes In sequence of work to be performed, delays, rescheduling, disruptions, extended direct overhead or general overhead, acceleration, material or other escalation which includes wages, and other impact coats. Contractor hereby waives, fully releases, discharges and acquits Miami•Oado County of any and all liability for claims, additional costs, and any requests for additional time arising out of the fulfillment of the RPQ and this change order from the data of the RPQ award to and Including execution of this change ordor. SUMMARY OF CONTRACT AMOUNT I Time ORIGINAL CONTRACT AMOUNT / ORIGINAL COMPLETION DATE ......... . ... ................ $1,737,277 00 9/21/2021 ORIGINAL CONTINGENCY AMOUNT $1 73.727 70 ORIGINAL DEDICATED AMOUNT $98,245 64 ORIGINAL TOTAL AMOUNT $2,007 250 24 COST OF CHANGES PREVIOUSLY ORDERED $0 00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE 62 007 250 24 COST OF CHANGES WITH THIS DOCUMENT $0 00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE. 52.007,250 24 PERCENT AMOUNT INCREASE WITH THIS CHANGE 0% TOTAL PERCENT AMOUNT INCREASE TO DATE 0 /0 TIME ORIGINAL CONTRACT /PREVIOUS CHANGES / THIS CHANGE 640 / 0 / 270 ADJUSTED DURATION INCLUDING THIS CHANGE / REVISED COMPLETION DATE 810 6/18/2022 PERCENT TIME INCREASE NTH THIS CHANGE- • • • • • • . ... . . . . . . • • . . . _ 50'% TOTAL PERCENT TIME INCREASE TO DATE 50'Oo CERTIFYING STATEMENT The Contractor certifies that the changes end supporting cost data included is in its considered opinion necessary end accurate and that the prices quoted ere fair and reasonable. Department of Transportation and Public Works Capital Improvements Division 111 NW 1 Street, Suite 1410 Miami FL , 33128 CHANGE TO RPQ I PURCHASE ORDER MCC 7360 Plan RPQ: 20190236 DATE: 9/6/2021 TO CONTRACTOR; H & R Paving Inc. Push Button Intersections Improvement- South PO RELEASE NO: PCMT2000062 PO RELEASE NO 2: This project has a SBE Measure and le subject to the 66% Compliance review: No RPQ No 20100230 does not have a SBE Measure As such, Change Order No 1 is rot subject to Resolution No R•1001.15 RPQ: 20190236 Accepted By: RPQ: 20190236 Accepted By: Contractor Name Philadelphia Indemnify Insurance Company Surety Name Surety Signature Warren M Alter, Allorney-in-Fact In accordance with Implementing Order 3.83, ereoulon by the following persons (TO SE COMPLETED ONLY FOLLOWING EXECUTION BY THE CONTRACTOR AND ITS SURETY) shall constitute approval of the change order, effective yh the West date sel forth below RPQ: 20190236 Approved By: Freddy Valero DTPW Project Manager Name DTPW roje t Manager Signature 09/13/2021 Date RPQ: 20190236 Approved By: RPQ: 20190236 Approved By: Eulois Cleckley DTPW Director and CEO Name Jimmy Morales Chief Operations Officer Name WO# 9 SW 117 Ave and SW 104 Street. WO# 11 SW 162 Ave and SW 184 Street. • WO# 124W 117 Ave and SW 162 Street. • WO# 134W 147 Ave and SW 07 Lane. 03/29/2022 DTPW Director and CEO Signature Date 4/4/2022 Clilel Operations Officer Signature Date Time iustificetlon: (Continued) Time Justification Declaration; A time extension is provided for additional work performed outside the scope of the original Contract that affects the critical path schedule of the contracted work or previously approved changes. Should additional work be required which does not affect the critical path schedule, no time extension will be granted, Should one item of additional work run concurrent with another item of additional work, only time not duplicated can be provided. PHILADELPHIA INDEMNITY INSURANCE COMPANY One 13alu Plaza, Suite IOU Bala Cynwyd, PA I9004.1)V50 Prover of Attorney IQJOWALL PE3i9'JNSBYI1•IE; Fff NTSThatPHILADEJPHIAINMNITYINSJRANCECOMPANY(theCompany),acorporationorganizedandexistingunderthe laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint David T, Saline Warren M. Altar and JonathanA Bttraevidj Altar Sarety Group, Inc, , its true and lawful Attorney -in -fad with full authority to execute on Its behalf bonds, undertakings, recognizance's end other contracdsof indemnity and writings obligatory in the nature thereof, Issued in the course of Its business and to bind the Company thereby, in an amount not to exceed $60,000,00, 'Phis Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board or Directors of I'I III.,ADELPHIA INDEMNITY INSURANCE COMPANY on the 14"1 of November, 2016. RESOLVED: 'That the Board of Directors hereby authorizes the President or any Vice President of the Company: (I) Appoint Attorneys) in Fact and authorke the Attorneys) in Fact to execute on behalf of the Company bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorneyin•Fuct and revoke the authority given, And, belt FLIRT! IER RESOLVED; 'that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by Ibesimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall he valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNI'T'Y INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27ao DAY OF OCTOBER, 20117. V AIM-�ri►+.�a+sl (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27"1 day of October, 2017, before me came the individual who executed the preceding instrument, tome personally known, and being by me duly sworn said that he is the therein described and authorized officer or the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instillment is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed, Uffir, ran Mery,m{niyy, NN,ry PIIOI,, 11 Conimiloonp II. kid Couniy M1ILCemmu,gn6.pm, CIf9 rf, 70f I (Notary Seal) Notary Public: \NI\Cirr I\C residing at: flats Cynwyd. PA My commission expires: September...15,-2M I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27th day ol'October, 2017 arc true and correct and are still in fill force and effect, I do Ibrlher certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution 01'the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof'I have subscribed my name and affixed the facsimile seal ol'each Company this 10thyay,nt September 20 21 Edward Sayugo, Corporate Secretary PHILADELPHIA INDEMNI'T'Y INSURANCE COMPANY F - PHILADELPHIA INSURANCE COMPANIES A Monier of the Toldo Marine Group One Hala Plaza, Suite too, Bala Cynwyd, Pennsylvania loo l 6to,617,7goo • Fwc61o,617.79go • PHLY,com SURETY BOND SEAL ADDENDUM PHILADELPHIA INDEMNITY INSURANCE COMPANY As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Philadelphia Indemnity insurance Company ("PIIC") has temporarily authorized Its Attorneys -in -Fact to affix PIIC's corporate seal in a digital format in lieu of Its traditional raised seal to any bond Issued on its behalf by any such Attorney -in -Fact. PIIC agrees and affirms that the digital corporate seal found herein is deemed affixed to the bond and the Power of Attorney with the same effect as if its raised corporate seal had been affixed to the bond Itself, Effective this 20TH day of March, 2020, Philadelphia Indemnity Insurance Company "0,0411 V ,•� i iU I. ,74 �', W.1.. tl41 f 1.927 ) + i'll Ja t '4,11411,011 By: 74,1 f Michael Cundiff, Senior Vice President Philadelphia Consolidated I lidding Corp, • Philadelphia indemnity Insurance Cnntpnny • 'Yukio Marine tipeeinlly Insnnutcc Company • Maguire Insurnnuo Agency, Inn, CITY OF OPA-LOCKA AGREEMENT FOR DRAINAGE IMPROVEMENTS (Push Button Intersections Improvement -South Piggyback Competitive Award) This Agreement is made this day of , 2022, between the City of Opa-Locka, a municipal corporation organized and existing under the laws of the State of Florida and whose address is 780 Fisherman Street, Opa-Locka, Florida 33054 (the "City"), and H&R Paving, Inc. whose address is 1955 N.W. 110 Avenue, Miami, FL 33172 (the "Contractor"). WITNESSETH WHEREAS, the Contractor desires to enter into this Agreement ("Agreement") with City to provide Drainage Improvement services to the City (Project No. 2022-09- 009 for Drainage Improvements along NW 133rd Street) (the "Project"); and WHEREAS, the parties desire to incorporate the terms and conditions of the solicitation and contractual arrangement between Miami -Dade County (Department of Transportation and Public Works) and the Contractor, as set forth in the Miami -Dade County Request For Price Quotations No. 20190236 ("the RPQ"); and WHEREAS, the City Code provides authority for the City to select and contract through the use of the competitive bid process of another government entity as an exception to the otherwise required formal bidding process. NOW THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which is acknowledged, the parties agree as follows: Section 1. Term. The term of this Agreement commences upon fully execution of this agreement and continues through June 18, 2022, unless terminated earlier by its terms. 1 Section 2. Contract Terms. The Contractor agrees to provide the City with drainage improvement services in accordance with the City's requirements as set forth herein and the Standard Contract between Miami -Dade County (Department of Transportation and Public Works) and the Contractor dated on or about March 30th, 2020 (the "Miami -Dade County Agreement"), attached hereto and incorporated herein as Exhibit "A". The exhibits are incorporated into this Agreement for all purposes and are collectively referred to as the "Contract Documents", and represent the entire agreement between the parties. In the event of conflict between or among the Contract Documents, the order of priority shall be: this Agreement, the Miami -Dade County Agreement and the Contractor's accepted proposal. Section 3. Scope of Work. The following provisions are included: A City shall pay Contractor no more than the unit prices set forth in the Contract Documents and in accordance with the provisions of the Contract Documents. If the City requires services not covered by unit prices already made a part of the Contract Documents, the Contractor shall submit a detailed written proposal to the authorized City representative before providing any such services. For these purposes, Airia Austin, as PW & CIP Director, shall be the City Representative and may be reached at (305)953- 2868 Ext. 1450. B. If permits are required, Contractor shall submit complete and accurate permit applications to all applicable permitting agencies within ten workdays of receiving from the City all documents necessary to file such permit applications. The City shall pay all permit and related fees directly to the permitting agencies, including any permit fees charged by the City. C. The City of Opa-Locka shall be substituted for the County of Miami -Dade with regard to any and all provisions of the Miami -Dade County Agreement, the RPQ, and the Contractor's bid, including by example and not limitation, with regard to bond requirements, insurance, indemnification, licensing, termination, default and ownership of documents. All recitals, representations, and warranties of Contractor made in those documents are restated as if set forth fully herein,made for the benefit of the City, and incorporated herein. Page 2 of 9 D. Contractor shall not commence work on the Project unless and until the requirements for insurance have been fully met by Contractor and appropriateevidence thereof, in the City's sole discretion, has been provided to and approved by the City. Section 4. Assignment. Neither party may assign its rights or obligations under this Agreement without the consent of the other. Section 5. Notice. Notice hereunder shall be provided in writing by certified mail, return receipt requested, or customarily used overnight transmission with proof of delivery, to the following parties, with mandatory copies, as provided below: For City: Copy To: Darvin Williams, Interim City Manager City of Opa-Locka 780 Fisherman Street Opa-Locka, Florida, Florida 33054 Burnadette Norris -Weeks, Esq. City Attorney Burnadette Norris -Weeks, P.A. 401 NW 7"' Avenue Fort Lauderdale, Florida 33311 For Contractor: Raul Gonzalez 1955 N. W. 110 AVE Miami, FL 33172 Section 5. Severability. This Agreement sets forth the entire agreement between Contractor and City with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. Page 3of9 Section 6. Public Records. CONTRACTOR shall comply with The Florida Public Records Act as follows: A. Keep and maintain public records in the Contractor's possession or control in connection with the Contractor's performance under this Agreement, that ordinarily and necessarily would be required by the City in order to perform the service. B. Upon request by the City's records custodian, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement, and following completion of this Agreement until the records are transferred to the City. D. Upon completion of this Agreement or in the event of termination of this Agreement by either party, any and all public records relating to this Agreement in the possession of the Contractor shall be delivered by the Contractor to the City, at no cost to the City, within seven (7) days. All records stored electronically by the Contractor shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered to City upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public record disclosure requirements. E. The Contractor's failure or refusal to comply with the provisions of this Section shall result in the immediate termination of this Agreement by the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 688-4611, jflores@Opalockafl.gov OR BY MAIL: City of Opa-Locka - City Clerk's Office, 780 Fisherman Street, Fourth Floor, Opa-Locka, FL 33054. Page 4 of 9 Section 7. Scrutinized Company A. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. B. If this Agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor , its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above -stated contracting prohibitions then they shall become inoperative. Page 5 of 9 Section 8. Ownership of Documents. Unless otherwise provided by law, any and all reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. Any compensation due to the Contractor shall be withheld until all documents are received as provided herein. Section 9. E -VERIFY In accordance with Florida Statutes §448.095, the Contractor, prior to commencement of services or payment by the City, will provide to the City proof of participation/enrollment in the E -Verify system of the Department of Homeland Security. Evidence of participation/enrollment will be a printout of the Company's "Company Profile" page from the E -verify system. Failure to be continually enrolled and participating in the E -Verify program will be a breach of contract which will be grounds for immediate termination of the contract by the City. The Contractor will not hire any employee who has not been vetted through E -Verify. The Contractor may not subcontract any work for the City to any subcontractor that has not provided an affidavit stating that the subcontractor does not employ, contract with or subcontract with an unauthorized alien. Page 6 of 9 IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CITY: City of Opa-Locka By: Darvin E. Williams, Interim City Manager By: Joanna Flores, City Clerk Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCYFOR THE USE OF AND RELIA CE BY THE CITY 'F OPA-LOCKA ONLY: By: / CitfAtt fney Bur tte Norris -Weeks, P.A. Page 7 of 9 CONTRACTOR: H&R Paving, Inc. By: Witness: PRINT NAME Date: TITLE Date: Page 8 of 9 EXHIBIT "A" Miami -Dade County Request for Price Quotations No. 20190236 ("the RPQ"); and H&R Paving, Inc, Proposal quote No. AR1900 dated 01/07/2022 provided to the City for Drainage Improvement Services along NW 133rd Street (Capital Improvement Project No. 2022-09-011) Page 9 of 9