HomeMy Public PortalAbout12-8443 JVA Engineering Contractor for Rutland Street Drainage Sponsored by: City Manager
RESOLUTION NO. 12-8443
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO EXECUTE CONTRACT WITH JVA
ENGINEERING CONTRACTOR, INC FOR
IMPROVEMENTS FOR RUTLAND STREET DRAINAGE
SYSTEM AND ROADWAY, IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED TWENTY SEVEN THOUSAND EIGHT
HUNDRED FIFTY DOLLARS ($127,850),PAYABLE FROM THE
PTP FUND AND CAPITAL PROJECTS FUND, ACCOUNT
NUMBERS 47-541807 AND 44-541807; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, pursuant to Resolution No. 12-8415, the City of Opa-locka issued Request
for Proposals (RFPs) for improvements of Rutland Street Drainage System; and
WHEREAS, three bidders responded to RFP 12-1607100 for improvements of Rutland
Street Drainage System, 1) JVA Engineering, 2) FLA Engineering, and 3) Williams Paving
Company, Inc.; and
WHEREAS, the RFP Evaluation Committee ranked the bidders based on price proposal,
references, local work force participation and other criteria, and recommends awarding the
contract to JVA Engineering Contractor, Inc.; and
WHEREAS, the City of Commission of the City of Opa-locka desires the City Manager
to execute contract with JVA Engineering Contractor, Inc. for improvements to Rutland Street
Drainage System.
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. 12-8443
Section 2. The City Commission of the City of Opa-locka, authorizes the City
manager to execute contract with JVA Engineering Contractor, Inc for improvements of Rutland
Street Drainage System and Roadway, in an amount not to exceed One Hundred Twenty Seven
Thousand Eight Hundred Fifty Dollars ($127,850),payable from the PTP Fund and Capital
Projects Fund, Account Numbers 47-541807 and 44-541807.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of September, 2012.
MY TAYLOR
MAYOR
ttest to: Approved as t• form and legal sufficiency:
i I 7 / �
(IOJ\M I
J li anna Flores J.4 pw .1 eller
I terim City Clerk ' y Att,rney
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Miller: OUT OF ROOM
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 9/12/2012 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
x Public Hearing: Yes No Yes No
(EnterX in box) x x
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
Ex: (EnterX in box) X
Account# 47-541807 Water and Sewer
44-541807 fund
Contract/P.O.Required: Yes No RFP/RFQ/Bid#: RFP#: 12- 1607100
(Enter X in box) X
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
X Enhance Organizational 0
Bus.&Economic Dev
Public Safety
Quality of Education
Qual.of Life&City Image NB
Communcation 0
Sponsor Name City Manager Department: Public Works
Short Title:
Rutland Street Drainage and Roadway Improvements
Staff Summary:
The City of Opa-locka issued a Request for Proposal (RFP) to solicit competitive proposals from qualified firm for
the improvement of Rutland Street Drainage System. Rutland Street has severe flooding problem as currently
there is no functional drainage system in the street. Installation of a new drainage system will significantly
alleviate the drainage problem on Rutland Street between NW 22nd Avenue and NW 143rd Street.
1
Proposed Action:
This roadway is a part of the City of Opa-Locka capital projects targeted for FY 2012. The Florida Department of
Environmental Protection (FDEP) awarded a reimbursable grant in the amount of $60,414.00 The City has
committed an additional $60,414.00 from the PTP revenues to the proposed improvements. Consequently this
expenditure is expected to have no adverse financial impact.
Attachment:
1. Agenda
2. Evaluation Panel
3. List of Bidders
4. Evaluation Summary Sheets
5. Panel Member's evaluation sheet
6. Copy of Resolution# 12-8415
2
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Memorandum
TO: Mayor Myra L.Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timo by Holm
Commissioner Rose ydus
Commissioner Gail ille
FROM: Kelvin L.Baker,Sr., City Manag
DATE: September 12,2012
RE: Rutland Street Drainage and Roadway Improvements
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH JVA ENGINEERING CONTRACTOR, INC.
(JVA) IN THE AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY
SEVEN THOUSAND EIGHT HUNDRED FIFTY DOLLARS ($127,850.000)
FOR IMPROVEMENTS OF RUTLAND STREET DRAINAGE AND
ROADWAY. JVA IS THE LOWEST AND MOST RESPONSIVE OF THE
THREE FIRMS THAT RESPONDED TO THE RFP.
Description: The City of Opa-locka issued a Request for Proposal (RFP) to solicit competitive
proposals from qualified firm for the improvement of Rutland Street Drainage System. A total of three
submittals were received in response to the RFP. The FRP evaluation panel was selected by the City
Manager and they ranked the bidders based on price proposal, references, local works force participation,
and other criteria as outlined in the advertized RFP package.
Account Number: PTP Fund: 47-541807,FDEP Fund: 44-541807
Financial Impact: This roadway is a part of the City of Opa-Locka capital projects targeted for FY 2012.
The Florida Department of Environmental Protection(FDEP) awarded a reimbursable grant in the amount
of$60,414.00 The City has committed an additional $60,414.00 from the PTP revenues to the proposed
improvements. Consequently this expenditure is expected to have no adverse financial impact.
Implementation Timeline: As soon as possible per grant requirements.
Legislative History: Resolution#12-8415
1
Recommendation(s): Staff recommends approval in order to bring the system in compliance with
DERM. The following is the bid and score comparison table:
Vendor Bid Price Total Rank
Score
JVA Engineering Contractor,Inc. $127,850.00 495 1st
FLA Engineering&Development,Corp. $177,000.00 379 2nd
Williams Paving Company, Inc. $226,343.50 327 3rd
Analysis: Rutland Street has severe flooding problem as currently there is no functional drainage system
in the street. Installation of a new drainage system will significantly alleviate the drainage problem on
Rutland Street between NW 22 1'd Avenue and NW 143rd Street. This improvement project will address the
severe flooding issues with improved safety for vehicular traffic on Rutland Street.
Attachment:
1. Evaluation Panel
2. List of Bidders
3. Evaluation Summary Sheets
4. Panel Member's evaluation sheet
5. Copy of Resolution# 12-8415
PREPARED BY: Mohammad Nasir,PE,Interim Public Works Director
END OF MEMORANDUM
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Sponsored by: City Manager
RESOLUTION NO. 12-8415,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO ADVERTISE AND ISSUE A REQUEST FOR
PROPOSALS(RFP)FOR QUALIFIED CONSTRUCTION FIRMS
FOR THE IMPROVEMENT OF DRAINAGE SYSTEM AT
RUTLAND STREET, PAYABLE FROM THE PTP FUND AND
CAPITAL PROJECTS FUND, ACCOUNT NUMBERS 47-541807
AND 44-541807; PROVIDING FOR INCORPORATION OF •
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, there is a severe flooding problem on Rutland-Street due to the fact that the
street does not have a functional drainage system; and
WHEREAS, Rutland Street is part of the City's capital project plan targeted for FY
2012, and the City has been awarded a reimbursable grant ($60,414) by the Florida Department
of Environmental Protection (FDEP), and has an additional commitment from the City
($60,414) from the PTP Fund; and
WHEREAS, installation of a new drainage system will significantly alleviate the
drainage problem on Rutland Street between NW 22" Avenue and NW 1.43` Street;and
WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to
advertise and issue a Request for Proposals (RFP) for qualified construction firms to provide a
functional drainage system for Rutland Street.
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.
Nomilimmormiiiimmimariimaigiimimaimmin
Resolution No. 12-8415
Section 2. The City Commission of the City of Opa-locka, authorizes the City
Manager to advertise and issue a Request for Proposals (RFP) for qualified construction firms for
the improvement of drainage and roadway improvements at Rutland Street.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13th day of June, 2012.
("1— -4AS'l
M RA TAY OR
• MAYOR
test to: Approved as to f nn and legal suffic.•ncy:
1, 0 0 I
=' t.L, A ` 'A i.. A
g Joanna Flores � t Joseph Getler
erim City Clerk
/
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER MILLER
Commission Vote: 3-2
Commissioner Holmes: NO
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: NO
Mayor Taylor: YES
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MEMORANDUM
To: Arshad Vigar—Building
Charmaine Parchment—Grant Writer
Mohammad Nasir—Public Works
Fay Douglas—City Manager's Office
Owen Carney—Public •rks
Rose A.McKay—Facilita •r
From: Kelvin Baker,City Manager
Date: July 19,2012
RE: Evaluation of Proposal 12-1607100 RUTLAND STREET DRAINAGE IMPROVEMENTS
You have been selected to participate on the evaluation panel of the RFP submitted for
RUTLAND STREET DRAINAGE IMPROVEMENTS.
Attached you will find the following documents:
One copy of each of the three (3) proposals submitted
Copy of the evaluation rating worksheet
Procedures
Effective immediately a Cone of Silence is in effect and will continue until the City
Commission has approved the City Manager's recommendation.
Evaluate and rate proposals based on the criteria published in the RFQ only.
Reviewers must record their evaluation on the rating form.
During this process, a reviewer is prohibited from accepting any meals, gifts or anything
of value from a proposer.
Disclosure any personal affiliations with any of the proposers(i.e. business relationship,
family relationship, close friendship,...)that might affect your judgment or may be seen
as such.
The evaluation review meeting is tentatively scheduled for Thursday,July 26, 2012 at 10:00
AM in the 780 Building 2nd floor . To be excused from this appointment you must make your
request in writing and it must be approved by me.
Attachments
Cc: Rose A. McKay,Purchasing Officer
•
•
By signing below you are acknowledging receipt of the following proposals as submitted
in response to the City of Opa-locka RFP NO. 12-1607100
REQUEST FOR PROPOSALS(RFP)NO. 12-1607100
Rutland Street Drainage Improvements
NAME OF COMPANY #of Copies
1. Williams Paving Co.,Inc. 6 Copies/1 CD
11300 NW South River Drive
Medley,FL 33178
Tele:305-882-1950
Fax:305-882-1966
Contact:Alan Rodriguez
Email: arodriguez(awilliamspaving.com
2. JVA Engineering Contractor,Inc. 6 Copies/1 CD
6600 NW 32nd Avenue
Miami,FL 33147
Tele:305-696-7902
Fax:305-696-7903
Contact:Jose M.Alvarez
Email: ima( ivaenuineering.com
3. Florida Engineering and Development,Corp. 6 Copies/1 CD
12076 NW 98th Avenue
Hialeah Gardens,FL 33018
Tele:305-820-8333
Fax:305-820-9341
Contact: Jose Vega
Email: ioseWoridaenaineering,net
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Received b': s " ce of the City Manager Date:07/16/20 2
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EVALUATION FORM
RUTLAND STREET DRAINAGE IMPROVEMENTS
RFP - 12-1607100
EVALUATION WILLIAMS JVA FLA ENG
PRICE
Arshad 42 75 54
Owen 42 75 54
Charmaine 42 75 54
Gordy 42 75 54
Mohammad 42 75 54
EXPERIENCE
Arshad 20 19 19
Owen 20 19 18
Charmaine 18 19 18
Gordy 20 18 17
Mohammad 19 20 18
LOCAL WORK FORCE
Arshad 4 5 4
Owen , 4 5 4
Charmaine 4 5 4
Gordy 4 5 3
Mohammad 4 5 4
TOTALS 327 495 379
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CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
JVA ENGINEERING CONTRACTOR,INC.
FOR
RUTLAND STREET DRAINAGE & ROADWAY IMPROVEMENTS PROJECT
AGREEMENT
THIS IS AN AGREEMENT, dated the 12 day of September , 2012, between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY,"
And
JVA Engineering Contractor, Inc.
A licensed Company, authorized to do business in the State of Florida,
hereinafter"CONTRACTOR."
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set
forth, CITY and 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 Rutland Street Drainage& Roadway Improvements Project
indicating the CITY's desire to hire a Contractor to perform this work.
1.2 On June 13,2012 the CITY awarded the CONTRACT and authorized the proper CITY
officials to enter into an agreement with CONTRACTOR to render the services more
particularly described herein below.
ARTICLE 2
SCOPE OF WORK
2.1 The CONTRACTOR shall furnish all of the materials, tools, supplies, and labor necessary to
perform all of the work described in the plans and specifications for the Rutland Street
Drainage & Roadway Improvements Project.Contractor must follow local,FDOT, and
also Miami-Dade county standards and specifications for all roadway and drainage work. All
work performed must be upto the satisfaction of the City Engineer.
2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon
these representations when entering into this Agreement with CONTRACTOR, that
CONTRACTOR has the professional expertise, experience and manpower to perform the
services to be provided by CONTRACTOR pursuant to the terms of this Agreement.
2.3 CONTRACTOR must provide AutoCAD file as well as signed and Printout (24"x36" paper)
of As-Built plan and details signed and sealed by a Florida State Certified Professional Land
Surveyor and Mapper.
2.3 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 twelve (12) months following completion of its services, such
services fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR,
CONTRACTOR agrees to re-perform such deficient services without charge to the CITY.
ARTICLE 3
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
3.1 The CONTRACTOR shall commence work to be performed under this Agreement beginning
September 17,2012. CONTRACTOR shall complete all work in a timely manner by January
17,2012.
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 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 CONTRACTOR shall
extend this Agreement for a period equal to such delay and during this period such delay shall
not constitute a delay by CONTRACTOR for which liquidated damages are due.
3.3 Contractor's failure to perform the work specified in Exhibit"A" shall result in Contractor
being required to pay liquidated damages in the Amount$1000 per day for each unexcused day
after the completion date set forth in Section 3.1 above.
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this
Agreement, for $127,500.00 work to be completed in accordance with the "Proposal"
submitted by CONTRACTOR. Prices for work completed by the CONTRACTOR shall be as
reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof
as Exhibit "A", with no change in the price shown. A total contact price hereto is referred to as
Contract Sum and shall be ONE HUNDRED TWENTY SEVEN THOUSAND FIVE
HUNDRED DOLLARS.
4.2 Not withstanding any other provision of this contract, the 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
CONTRACTOR except those previously made and still unsettled.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon
Applications for Payment submitted by the 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 Contract Sum to the Contractor as provided below and
elsewhere in the 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. Owner shall pay pursuant to the Florida Local Government Prompt Payment Act
Chapter 218 Florida Statutes.
5.2.2. Each Application for Payment shall be based upon the Schedule of Values
submitted by the Contractor in accordance with the Contract Documents. The
Schedule of Values shall allocate the entire 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 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 Contract Documents, the amount of each progress
payment shall be computed as follows:
5.2.4.1 Take that portion of the 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 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 Contractor to the Owner for a deletion or change which
results in a net decrease in the 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 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
4
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:
5.3.1 Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to Ninety percent (90%) of the 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 Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the 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 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
CONTRACTOR'S LIABILITY INSURANCE
7.1 The CONTRACTOR shall not commence work under this contract until it has obtained all
insurance required under this Article and such insurance has been approved by the CITY nor
shall the CONTRACTOR allow any Subcontractor, if applicable, to commence work on a sub-
contract until all similar such insurance required of the subcontractor 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",
5
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
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 contract, then in that event, the 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 contract and
extension there under is in effect. The CONTRACTOR shall not continue to work pursuant to
this 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.
7.6 The 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 Contract, the CONTRACTOR shall protect the
CITY's property and properties adjoining the Project site from all damage whatsoever.
ARTICLE 9
CONTRACTOR'S INDEMNIFICATION
9.1 The 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 Contractor. The CONTRACTOR further agrees not to sue or seek any money or
damages from CITY in connection with the above mentioned matters.
9.2 The 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
CONTRACTOR's negligent acts, errors, or omissions. .
6
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 CONTRACTOR
10.1 This Agreement does not create an employee/employer relationship between the parties. It is
the intent of the parties that the CONTRACTOR is an independent contractor under this
Agreement and not the CTTY'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 CONTRACTOR shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out the
CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not
be construed as creating any joint employment relationship between the CONTRACTOR and
the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR,
including but not limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 11
CONTRACT BOND
The 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 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 CONTRACT
ESTIMATED PROJECT COMPLETION DATE
12.2 In no event will the 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 CONTRACTOR in which event the CONTRACTOR shall
be paid its compensation for services performed to termination date. In the event that the
CONTRACTOR abandons this Agreement or causes it to be teimunated, he shall indemnify the
CITY against any loss pertaining to this termination up to a maximum of the full contracted fee
amount. All finished or unfinished documents, data, studies, plans, surveys, and reports
prepared by CONTRACTOR shall become the property of CITY and shall be delivered by
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 CONTRACTOR and CITY hereby agree that the Contract Documents, which is 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; Florida Department of
Transportation (FDOT) Standard Specifications for Road and Bridge Construction (Latest
Edition), CONTRACTOR's proposal as set forth in Exhibit "A"; City Commission award,
Grant requirements; FRP, and any other exhibits thereto.
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 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 CONTRACTOR without the prior written consent of
CITY. For purposes of this Agreement, any change of ownership of 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:
CONTRACTOR shall keep books and records and require any and all subcontractors to keep
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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 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:
CONTRACTOR warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the 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 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 contract price, 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 CONTRACTOR
and the CITY designate the following as the respective places for giving of notice:
CITY: Bryan K. Finnie,City Manager
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
Copy To: Joseph S. Geller, City Attorney
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
CONTRACTOR: Jose M. Alvarez,President
JVA Engineering Contractor, Inc.
6600 NW 32nd Avenue
Miami, FL 33147
Tel :305 696-7902
Fax:305 696-7903
E-mail:cg@jvaengineering.com
15.7 Binding Authority:
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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 Exhibit:
The 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 contract documents, and all exhibits hereto or to the contract
documents, represents the entire and integrated agreement between the CITY and the
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:
CONTRACTOR agrees that it will not discriminate against any employee or applicant for
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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.
15.16 I-DEP Grant Requirements:
CONTRACTOR agrees they will abide by all the grant requirements set forth by Florida
Department of Environmental Protectiton Agency (FDEP) inclusive of the contents in the
attached Exhibit"C".
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 Bryan K. Finnie
Interim City Clerk City Manager
APPROVED AS TO FORM:
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Joseph S. Geller, City Attorney
CONTRACTOR
WITNESSES:
Authorized Representative
ATTEST:
SECRETARY
STATE OF FLORIDA )
) SS:
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 , 2012.
NOTARY PUBLIC
My Commission Expires:
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Exhibit "A"
PRICE PROPOSAL
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Exhibit "B"
GRANT REQUIREMENTS
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Exhibit "B"
. . . .......... .. .
"DAVIS-BACON" ACT PROVISION
As stated in 24 CFR Part 85.36:
When required by the Federal grant program legislation, all construction contracts in
excess of $2,000 awarded by grantees and sub grantees shall include a provision for
compliance with the Davis-Bacon Act (40 USC 276a to a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5). Under this Act contractors shall be
required to pay wages to laborers and mechanics at a rate not less than the minimum
wages specified in a wage determination made by the Secretary of Labor. The grantee
shall place a copy of the current prevailing wage deteimination issued by the
Department of Labor for this solicitation and the award of the contract shall be
conditioned upon the acceptance of the attached wage determination.
NONDISCRIMINATION
Owner and Contractor agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party, effective
the date of the court order. Owner and Contractor agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: I) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss.1681-1683, and 16851686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20
USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of
the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to
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time, relating to nondiscrimination on the basis of disability; 10) Applicable code
sections of Miami-Dade County and City of Opa-Locka, which prohibit
discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; II) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of this Agreement.
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