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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 i 44 —;;;LOOkq� �9 0„ ,.,...,,,„ ? / o4poRnt0, 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 ;LOCkq, U Dry 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 2 9 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 9221256 v1 68f .° kick_ ,* gavealv 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 iff P i �� ri/l jot Received b': s " ce of the City Manager Date:07/16/20 2 r-3 -∎ L _<�r c rr, Cr% -et -v Ul 1 • CITY OF OPA LOCKA 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 C ---- ''')\<‘ 0 I— .r. N U.1 W �'' - 2 w > O cc Y ' 0 > N V oC ,_ ul a- O O w n a O z a U < cC rI 3 fV Q I. O J 0 I 3 s C'' a- car _ a Q w CC �, V w CC u _�UJ W V~) I, Z u Z N W 0 Q z 0 o a W N W — Z Q co °C a cc a. a A. x - oa x O x E' 4 F- Q E v u fO 3 i= 'CC° (o W E J a' C'- CC "' tc W u as W ac a n o . x Q W 2 CITY OF OPA LOCKA EVALUATION FORM RUTLAND STREET DRAINAGE IMPROVEMENTS RFP- 12-1607100 EVALUATION WILLIAMS t JVA FLA ENG PRICE—max pts 75 EXPERIENCE&REFERENCES —max pts 20 I CI LOCAL WORK FORCE _ PARTICIPATION ' G max pts 5 `7 ItY c()uit -7• z-(-. ,� c� A 3 C ' 1 w g Ini Q.". \ 2 w > 0 a > la V Y2Z- o Ci p w O 4 b w 0 3 a 0 Z N p Q N a cl oc --" - ^ 3 I LL Q cc �--1 J p J In I 3 - U w ct W t.., U I— ,,, z w C u) r U Z 0 0 c. LI LJ - 4V J tv U D > Z E a~G - w U w U a cc FE a ,,, O a x W C 1_ 12T,_,?_c_ K I— ,( W 1 Z J r� r w LL 2 j w 0 l O D w N 0 cL O Z L O P Q N a_ Q LL < ec -_J+ O D C I § J F- a jw w V w cc W U W tn N. W Z CC et Ci ZO a U U - U Z I x 12 14 a Q j E a O a_ a D > W Z E J re E EC ,L O a x W CITY OF OPA LOCKA EVALUATION FORM RUTLAND STREET DRAINAGE IMPROVEMENTS RFP— 12-1607100 EVALUATION WILLIAMS JVA FLA ENG PRICE—max pts 75 42 3,6 75-5 54 (7 EXPERIENCE&REFERENCES Q —max pts 20 �� d (o LOCAL WORK FORCE PARTICIPATION ¢ j 4 max pts 5 /DQ Ally M/�►a� Na�sr�, P� • 0,--0,.,_00----,„4.,2„, O t 4 Wray64.ORA., 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 R 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: O 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 10 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: 11 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: • • • • 12 Exhibit "A" PRICE PROPOSAL ,q Exhibit "B" GRANT REQUIREMENTS 14 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 • 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. •