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HomeMy Public PortalAbout13-8526 RFQ for Design and Build Service for 128th Street Drainage and Roadway Improvements Sponsored by: City Manager RESOLUTION NO. 13-8526 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR DESIGN AND BUILD SERVICES FOR NW 128TH STREET DRAINAGE AND ROADWAY IMPROVEMENTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Commission of the City of Opa-locka seeks the services of a qualified professional firm to provide design-build services for the drainage and roadway improvements on NW 128th Street, which must be performed as per Miami-Dade County/FDOT standards; and WHEREAS, the design-build improvement will include milling and resurfacing, drainage, swales on both sides of the road and edge of pavement repair; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to prepare and issue a Request for Proposals (RFP) for design-build services. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka, authorizes the City Manager to prepare and issue a Request for Proposals (RFP) for design and build services for NW 128TH Street drainage and roadway improvements. Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 13-8526 PASSED AND ADOPTED this 23''day of January, 2013. i iy MY • TA OR MAYOR Attest to: oanna Flores d ity Clerk App'eyed as to ,rm d legal suff iency: A A,/ - f ' J o•Jr S f eller " EEN'.POON MARDER PA Sity Att.rney Moved by: COMMISSIO +ER HOLMES Seconded by: VICE MAYOR KELLEY Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: NOT PRESENT Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 2 i , QP'LOCR .o// \OO 2 64.,c,' 9 Qa.O qpt EO City of Opa-Locka Agenda Cover Memo Commission Meeting 01/23/2013 Item Type: Resolution I Ordinance I Other Date: X 1 (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterX in box) Yes No (EnterX in box) x Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No — Ex: (Enter X in box) Account#47-541630-PTP x Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterX in box) RFP# 12-1712200 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 = 1. Will improve drainage and Public Safety N pavement of NW 128th Street Quality of Education it Qual.of Life&City Image Ns Communcation 0 Sponsor Name Department: City Manager Public Works Short Title: Request for Proposal (RFP)for NW 128th Street Drainage&Roadway Improvements Project L _ Staff Summary: The purpose of this Request for Proposals is to seek service of a qualified professional firm to provide design-build services for the NW 128th Street between NW 42nd Avenue and NW 47th Avenue. The design- build project will include milling, and resurfacing between 45th Avenue and NW 47th Avenue, drainage at the intersection of NW 128th Street and NW 45th Avenue, swales on both sides of the road and edge of pavement repair as required per the visual condition of the existing of NW 128th Street between NW 42nd Avenue and NW 47th Avenue. All work must be performed per Miami-Dade County and/or Florida Department of RFP: 128th Street Drainage and Roadway Transportation (FDOT) standards. Staff recommends approval in order to improve NW 128th Street Drainage and Roadway condition and also to avoid the potential for reversion as undisbursed funds. Att mei't: 1. RFP RFP: 128th Street Drainage and Roadway D O ov.Look.. F C MEMORANDUM Ap°"°'` To: Mayor Myra L.Taylor Vice Mayor Joseph L.Kelley Commissioner Timothy Holmes Commissioner Dorothy Jo nso Commissioner Luis B. San la FROM: Kelvin L.Baker,Sr. City Manage t DATE: January 23,2013 s RE: Request for Proposal (RFP)for NW 128th Street Drainage& Roadway Improvements Project Request:A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE DESIGN BUILD SERVICES FOR NW 128th STREET DRAINAGE AND ROADWAY IMPROVEMENTS. Description: The purpose of this Request for Proposals is to seek service of a qualified professional firm to provide design-build services for the NW 128th Street between NW 42nd Avenue and NW 47th Avenue. The design-build project will include milling, and resurfacing between 45th Avenue and NW 47th Avenue, drainage at the intersection of NW 128th Street and NW 45th Avenue,swales on both sides of the road and edge of pavement repair as required per the visual condition of the existing of NW 128th Street between NW 42nd Avenue and NW 47th Avenue. All work must be performed per Miami-Dade County and/or Florida Department of Transportation (FDOT) standards. Account Number: 47-541630 Financial Impact: This project is funded by FDEP grant with 50% matching fund. Implementation Time Line: Must be completed by May 31,2013 to avoid the potential for reversion as undisbursed funds on grants provided before FY 2009-10 would not be certified forward on June 30, 2013.. Lie islative History: None Recommendation(s): Staff recommends approval in order to improve NW 128th Street Drainage and Roadway condition and also to avoid the potential for reversion as undisbursed funds. RFP: 128"'Street Drainage and Roadway Analysis: Drainage was installed on NW 128th Street between NW 42nd Avenue and NW 45th Avenue. No improvements were initiated for the remaining portion of NW 128th Street between NW 45th Street and NW 47th Street. The intersection of NW 128th Street and NW 45th Avenue has drainage problem and the pavement has deteriorated significantly due to frequent ponding at the intersection. The creation of swales on both sides will alleviate the drainage problem and the milling and resurfacing will provide driving comfort and safety. ATTACHMENT(S): 1. RFP PREPARED BY: Mohammad Nasir,PE,Asst.Public Works Director/City Engineer END OF MEMORANDUM RFP: 128th Street Drainage and Roadway r oc P-L 0C . t,,. C m„.„.,..... ir,4 • iiihr,iivtl...7 0 o r. iZ o RFP NO: 13-XXXXXXX REQUEST FOR PROPOSAL (RFP) DESIGN BUILD SERVICES NW 128th STREET DRAINAGE & ROADWAY IMPROVEMENTS (BEWEEN 42ND AVENUE AND NW 47TH AVENUE) CITY OF OPA LOCKA 780 FISHERMAN STREET OPA LOCKA, FLORIDA 33054 OPp.�UCkQ, CITY OF OPA-LOCKA !c �0 0; Io Advertisement for Request for Proposals ZcoppAN OR RFP NO 13-1000000C NW 128th S* reet Drainage and Roadway Improvements Proposals for the design build services for NW 128th Street Drainage and Roadway Improvements between NW 42nd Avenue and NW 47th Avenue will be received by the City of Opa-Locka at the Office of the City Clerk, 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, xxxxx by 2:00 p.m. Any proposals received after the designated closing time will be returned unopened. The purpose of this Request for Proposals is to seek service of a qualified professional firm to provide design-build services for the NW 128th Street between NW 42nd Avenue and NW 47th Avenue. The design-build project will include milling, and resurfacing between 45th Avenue and NW 47th Avenue, drainage at the intersection of NW 128th Street and NW 45th Avenue, swales on both sides of the road and edge of pavement repair as required per the visual condition of the existing of NW 128th Street between NW 42nd Avenue and NW 47th Avenue. All work must be performed per Miami-Dade County and/or Florida Department of Transportation (FDOT) standards. An original and five (5) copies a total of six (6) plus 1 copy of the proposal on CD's in PDF format of the proposal shall be submitted in sealed envelopes/packages addressed to Joanna Flores, City Clerk, City of Opa-Locka, Florida, and marked NW 128th Street Drainage and Roadway Improvements. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-Locka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP NO: 11- XXXXXXX requirements may also be obtained by visiting the City's website at www.opalockafl.gov, (click "RFQ /PROPOSALS" located on the right hand side of the screen and follow the instructions). The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP NO: 11-XXXXXXX X requirements. Proposers may not withdraw their proposal for a period of ninety(90) days from the date set for the opening thereof. Joanna Flores City Clerk Dated: Published: 1.INTRODUCTION 1.1. PURPOSE AND GENERAL INFORMATION The City of Opa-Locka is requesting responses to this Request for Proposal (RFP) to enter into a contract with qualified firm(s) to provide design build services for the NW 128th Street between NW 42nd Avenue and NW 47th Avenue . The design-build project will include milling, and resurfacing between 45th Avenue and NW 47th Avenue, drainage at the intersection of NW 128th Street and NW 45th Avenue, swales on both sides of the road and edge of pavement repair as required per the visual condition of the existing of NW 128th Street between NW 42nd Avenue and NW 47th Avenue. All work must be performed per Miami-Dade County and/or Florida Department of Transportation (FDOT) standards.The depth for milling and resurfacing will be minimum 11". A copy of this RFP can be obtained from the City of Opa-Locka website at www.opalockafl.gov until the expiration date of this solicitation. It is incumbent upon the Respondent to check the website for additional information and/or addendums. Copies of this RFP can also be obtained from the Purchasing Officer at City of Opa-locka, 780 Fisherman Street, Opa-Locka, FL 33054. If you have any questions, please call the contact identified below as it relates to your concern. Written questions regarding the substance of the RFP or scope of services must be submitted via e-mail to the City of Opa- Locka contact listed prior to the deadline indicated below. Responses are due prior to the deadline indicated above and must be delivered or mailed to the City of Opa-Locka City Clerk's Office located at 780 Fisherman St. Opa-Locka Fl 33054. Late responses will not be accepted-NO EXCEPTIONS. 1.2. DEFINITIONS In this RFP the following definitions shall apply: "City" means the City of Opa-locka; "City Representative"has the meaning set out in section 2.2; "City Website"means www.Opa-lockafl.gov "Closing Time"has the meaning set out in section 2; "Contract" means a formal written contract between the City and a Preferred Proponent to undertake the Services,the preferred form of which is attached as Schedule B; "Evaluation Team" means the team appointed by the City; "Information Meeting"has the meaning set out in section 2.1; "Preferred Proponent(s)" means the Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract; Page 12 "Proponent" means an entity that submits a Proposal; "Proposal" means a proposal submitted in response to this RFP; "RFP"means this Request for Proposals; "Services" has the meaning of any and all construction and administration work necessary to complete this project "Site"means the place or places where the Services are to be performed; and 2. PROPOSAL SCHEDULE Closing Time and Address For Proposal Delivery Proposals must be received by the office of: Office of the-City-Clerk 780 Fisherman 4Th Floor Opa-locka,Florida 33054 CONFIDENTIAL-DO NOT OPEN Proposal Closing Date&Time: X0XXXXX,2013 at 1:00 P.M. (local time). Submissions by fax[or email]will not be accepted. LATE PROPOSALS Proposals received after the Closing Time will not be accepted or considered. Delays caused by any delivery,courier or mail service(s)will not be grounds for an extension of the Closing Time. 2.1. AMENDMENTS TO PROPOSALS Proposals may be revised by written amendment, delivered to the location set out above, at any time before the Closing Time but not after. An amendment must be signed by an authorized signator of the Proponent in the same manner as provided in the original proposals. All inquiries related to this RFP should be directed in writing, via fax or e-mail to the person named below (the"City Representative"). Information obtained from any person or source other than the City Representative may not be relied upon. City Representative: Ms.Rose McKay Phone: 305 953 2826 ext 1307 Fax: 305 953 2900 Email: rmckay@opalockafl.gov Page 13 Inquiries should be made no later than 5 days before Closing Time. The City reserves the right not to respond to inquiries made within 5 days of the Closing Time. Inquiries and responses will be recorded and maybe distributed to all Proponents at the discretion of the City. Proponents finding discrepancies or omissions in the Contract or RFP, or having doubts as to the meaning or intent of any provision, should immediately notify the City Representative. If the City determines that an amendment is required to this RFP,the City Representative will issue an addendum in accordance with section 2.3. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent. 2.2. ADDENDA If the City determines that an amendment is required to this RFP, the City Representative will post a written addendum on the City Website at http://www.Opa-lockafl.gov (the "City Website") and upon posting will be deemed to form part of this RFP. No amendment of any kind to the RFP is effective unless it is posted in a formal written addendum on the City Website. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City Website. 2.3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE Proponents will be deemed to have carefully examined the RFP, including all attached Schedules, the Contract and the Site (as applicable) prior to preparing and submitting a Proposal with respect to any and all facts which may influence a Proposal. 2.4. STATUS INQUIRIES All inquiries related to the status of this RFP, including whether or not a Contract has been awarded, should be directed to the City Website and not to the City Representative. 3. PROPOSAL SUBMISSION FORM AND CONTENTS 3.1. PACKAGE Proposals should be in a sealed package, marked on the outside with the Proponent's name, title of the Project and reference number. 3.2. FORM OF PROPOSAL Proponents should complete the form of Proposal attached as Schedule A. Proponents are encouraged to use the form provided and attach additional pages as necessary. Proponents should also provide the requested information as listed in Section 4(b) as part of the proposal. 3.3. SIGNATURE The legal name of the person or firm submitting the Proposal should be inserted in Schedule A. The Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the following: (a) If the Proponent is a corporation then the full name of the corporation should be included, together with the names of authorized signatories. The Proposal should be executed by all of the Page 14 authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted; (b) If the Proponent is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venturer should be included, and each partner or joint venturer should sign personally (or, if one or more person(s) have signing authority for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint venturer is a corporation then such corporation should sign as indicated in subsection (a) above; or (c) If the Proponent is an individual, including a sole proprietorship, the name of the individual should be included. 4. EVALUATION AND SELECTION 4.1. EVALUATION TEAM The evaluation of Proposals will be undertaken on behalf of the City by the Evaluation Team. The Evaluation Team may consult with others including City staff members, third party consultants and references, as the Evaluation Team may in its discretion-decide is required. The Evaluation Team will give a written recommendation for the selection of a Preferred Proponent or Preferred Proponent(s) to the City. Proposal(s)that satisfy the minimum requirements will be scored as follows: Letter of Introduction 5 points Related Experiences 10 points Price Proposal 65 points References 5 points DBE/Minority Business 5 points Technical Approach 10 points 4.2. EVALUATION CRITERIA The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength and ability to provide the Services in order to determine the Proposal which is most advantageous to the City, using the following criteria: (a) PRICE PROPOSAL The City will consider the proponent's price proposal in terms of accuracy, completeness,value,local market and substantiated industry standards. (b) EXPERIENCE The City will consider the proponent's past experience in undertaking similar projects in type, scope, and budget. At a minimum,the proposal should contain the following information: • Business Organization-State the full name,address,phone number and fax number of your business and whether you operate as an individual, partnership,or corporation. Also indicate if Page 15 you are a female or minority owned and/or operated business. ® Proof of appropriate state certifications - Provide proof that you are licensed to operate in Florida and are lead certified. ® Management Summary- Include a brief narrative description of the proposed services that will be delivered and the equipment available to perform the services. • Qualifications - Please indicate completed projects of similar nature. Also indicate a contact person for each reference cited. ® References - References from at least two (2) clients preferably municipalities for whom your company has completed similar projects within the last two (2) years. The references should include the name,address and telephone number of a contact person for each reference cited. ® List of firm's insurance policies,the insurer,policy numbers and amount pertaining to required services. (C) Technical Approach The bidder must describe the technical approach to demonstrate how the drainage system will be capable to handle 10 year 24 hour rainfall event. The technical approach must include the conceptual drainage calculations without routing analysis. FINANCIAL ABILITY AND RESOURCES The Evaluation Team will consider the Proponent's organization financial ability and resources to carry out the project. The Evaluation Team will not be limited to the criteria referred to above, and the Evaluation Team may consider other criteria that the team identifies as relevant during the evaluation process. The Evaluation Team may apply the evaluation criteria on a comparative basis, evaluating the Proposals by comparing one Proponent's Proposal to another Proponent's Proposal. All criteria considered will be applied evenly and fairly to all Proposals. 4.3. LITIGATION In addition to any other provision of this RFP,the City may, in its absolute discretion, reject a Proposal if the Proponent, or any officer or director of the Proponent submitting the Proposal, is or has been engaged directly or indirectly in a legal action against the City, its elected or appointed officers, representatives or employees in relation to any matter. In determining whether or not to reject a Proposal under this section, the City will consider whether the litigation is likely to affect the Proponent's ability to work with the City, its consultants and representatives and whether the City's experience with the Proponent indicates that there is a risk the City will incur increased staff and legal costs in the administration of the Contract if it is awarded to the Proponent. 4.4. ADDITIONAL INFORMATION The Evaluation Team may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only Page 16 selected Proponents. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal. 4.5. NEGOTIATION OF CONTRACT AND AWARD If the City selects a Preferred Proponent or Preferred Proponents,then it may: (a) Enter into a Contract with the Preferred Proponent(s); or (b) Enter into discussions with the Preferred Proponent(s) to clarify any outstanding issues and attempt to finalize the terms of the Contract(s), including financial terms. If discussions are successful, the City and the Preferred Proponent(s) will finalize the Contract(s); or (c) if at any time the City reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP and retain or obtain the Services in some other manner. The City is under no obligation to accept any Proposal submitted. The City reserves the right in its sole discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal deemed most favorable in the interest of the City, or cancel the competition at any time without award. Thereafter,the City may issue a new Invitation/Request,sole source or do nothing. All costs incurred in the preparation and presentation of the proposal shall be wholly absorbed by the contractor. All supporting documentation and manuals submitted with this proposal will become the property of the City of Opa-Locka unless otherwise requested by the contractor at the time of submission. 5. GENERAL CONDITIONS 5.1. NO CITY OBLIGATION This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract, or to award any Contract,and the City reserves the complete right to at any time reject all Proposals,and to terminate this RFP process. 5.2. PROPONENTS'EXPENSES Proponents are solely responsible for their own expenses in preparing,and submitting Proposals,and for any meetings,negotiations or discussions with the City or its representatives and consultants, relating to or arising from this RFP. The City and its representatives, agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP. 5.3. NO CONTRACT Page 17 By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly agree that no contract of any kind is formed under, or arises from, this RFP, prior to the signing of a formal written Contract. 5.4. CONFLICT OF INTEREST Proponents shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, Proponents should provide all pertinent information regarding ownership of their company within forty-eight(48) hours of the City's request. 5.5. SOLICITATION OF COMMISSION MEMBERS Proponents and their agents will not contact any member of the City Commission or City staff with respect to this RFP at any time prior to the award of a contract or the termination of this RFP, and the City may reject the Proposal of any Proponent that makes any such contact. 5.6. CONFIDENTIALITY All submissions become the property of the City and will not be returned to the Proponent. The City will hold all submissions in confidence unless otherwise required by law. Proponents should be aware the City is a "public body" defined by and subject to the Freedom of Information and Protection of Privacy Act of the State of Florida 6. SCOPE OF SERVICES 6.1 The purpose of this Request for Proposals is to seek service of a qualified professional firm to provide design-build services for the NW 128th Street between NW 42nd Avenue and NW 47th Avenue. The design-build project will include milling, and resurfacing between 45th Avenue and NW 47th Avenue, drainage at the intersection of NW 128th Street and NW 45th Avenue, swales on both sides of the road and edge of pavement repair as required per the visual condition of the existing of NW 128th Street between NW 42nd Avenue and NW 47th Avenue. All work must be performed per Miami-Dade County and/or Florida Department of Transportation (FDOT) standards. The design has to be innovative and cost effective. The depth for milling and resurfacing will be minimum 11/2". The design-build services will include design, applicable permits,and construction per local, County,State and other applicable standards,rules and laws. The Specific requirements of the project are as follows: • All material furnished and all work performed must be in accordance with applicable FDOT,County and local codes. • The average minimum depth of milling and resurfacing has to be 11/2". • The drainage pipe has to be 18" HDPE with 15" cross pipe. Page 18 • Contractor to use milling machine with means to effectively limit the amount of dust escaping during the pavement milling operation. City may require pre-wetting of the pavement. • For milling and resurfacing remove the existing pavement to minimum 11/z" average depth, in a manner that will restore the pavement surface to a uniform cross-section and longitudinal profile. • Contractor to take ownership of milled material and must be disposed within 72 hours of being deposited in the construction area and at the contractor's expense. • Sweep the milled surface with a power broom prior to placing asphalt concrete minimizing the potential for creation of a traffic hazard and to minimize air pollution. • The contractor shall perform standard clearing and grubbing for the work being done as approved by the City. • All existing utilities are to remain and may need to be adjusted based on site assessment. • Any material to be stockpiled for periods greater than 24 hours shall be protected by appropriate erosion control devices. Cost to be included in the related bid item. • Contractor must arrange for a site visit to have a clear understanding of the project. • All other disturbed areas (i.e. driveway, or sidewalks, fence, gates) shall be fully restored. Grass species shall match existing species. • Construction Teams shall be responsible to secure any environmental permits from DERM and other agencies. • Construction Team will be responsible for all required testing including, but not limited to, NPDES water quality monitoring,geotechnical,and material testing. • Pre-approved by City staff will be required If road closure is needed During construction. Contractor shall be responsible to provide adequate maintenance of traffic and re-route traffic during closure. Closure can only take place during active work period. • All striping must be thermoplastic. • Signs and traffic controls shall be per the Manual on Uniform Traffic Control Devices and Miami Dade County standards The City's Noise ordinance restricts working hours to 8AM to 5PM Monday thru Friday. The Contractor shall perform the complete work described herein or reasonably inferable there from, including all demolition and construction services, supervision,administration services,coordination of all Subcontractors,tests, inspections, and other items that are necessary to and appropriate for the finishing, equipping and functioning of the facilities and structures, together with all additional, collateral and incidental work and services required for the completion of the work. Page I 9 6.2 The contract awarded firm(s) will be responsible for any and all damage due to construction.Any damage caused by the contractor must be repaired within seven (7) to ten (10) working day at the expense of the contractor. Contractor will need to make sure that all trees, shrubs and signs are protected and not damaged during construction. If damage occurs, the contractor will be liable for such damages. The areas of improvements will be as indicated in the work order. 6.3 It is expressly agreed and understood that the contract awarded firm(s) is, in all respects, an independent firm(s) as to work; however,in certain aspects,the Contractor is bound to follow the directions of the City at the time of repair and/or construction, and that the firm(s) is in no respect an agent,servant or employee of the City. 6.4 The contract awarded firm's (contractor's) timeliness and delivery of quality products shall be monitored by the City. If at any time the Contractor is performing less than satisfactory work,the Contractor, upon notification by the City, shall do whatever is necessary to perform the work properly at no additional cost to the City. Failure to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified. Failure to perform the work in the time specified in the work order will trigger liquidity damages of $750/day. 6.5 The City of Opa-Locka reserves the right to select the qualified firm(s)which best meets the City's goals and objectives, needs, budget constraints, and quality levels, as well as its service level expectations. The City reserves the right, in its sole discretion, to reject any/or all proposals, to waive any irregularities and technical defects contained therein, to award the contract in its entirety, in part or not at all and/or to determine which proposal is the lowest and/or best to enter into a Contract,as it may deem to be in the best interest of the City of Opa-locka. 7. COMPLIANCE WITH APPLICABLE LAWS All work shall conform to all applicable federal, state, county,and local requirements. 8.INSURANCE REQUIREMENTS 8.1 The selected service provider shall agree to indemnify and hold harmless the City of Opa-Locka and its officers, agents, and employees from any and all claims, causes, or actions,and damages of every kind, for injury to or death of any person and damages to property arising out of or in connection with the work done by the Contractor under this contract, and including acts or omissions of the City of Opa-Locka or its officers,agents, or employees in connection with said contract. 8.2 The City will require proof of professional liability insurance with errors and omissions coverage, workers compensation insurance, general liability and automobile insurance with companies authorized to do business in Miami Dade County, Florida, and in amounts satisfactory to the City. 8.3 The successful Contractor, within ten days after the contract award, shall furnish the City with proof of insurance as stated in Attachment A. 8.4 The City of Opa-Locka shall be named as additional insured on all policies as directed in Attachment Page 110 A. Should any insurance required by this contract lapse, the Contractor shall immediately cease any operations until authorized in writing by the City. If the lapse period extends fifteen (15) days, the contract shall automatically terminate and the Contractor shall be in breach of this contract. 9.AGREEMENT/EXCEPTIONS 9.1 Submission of a proposal indicates the Contractor agrees to the terms, conditions and other provisions contained in the RFP, unless the Contractor clearly and specifically presents in its proposal any exceptions to the terms,conditions,and other provisions contained in the RFP. 9.2 Exceptions presented in a proposal are not to be considered incorporated into the contract between the City of Opa-Locka and the selected Contractor unless and until the City agrees to accept such exceptions. 9.3 The selected Contractor must acknowledge and agree that the contract resulting from this RFP includes the terms, conditions, and other provisions contained in the RFP, the proposal selected (including any exceptions accepted by the City) which is acceptable to the City and is not in conflict or contravention of the RFP, and any other documents mutually agreed upon by the City and selected Contractor. 9.4 No oral statements or any person shall modify or otherwise change or affect the terms, conditions, or specifications stated in the RFP or the resulting contract. 9.5 A formal contract will be negotiated after the selection of a contractor for the services identified in the scope of services by the City of Opa-locka. 9.6 The contractor shall not assign the contract or any part thereof to any other person unless such assignment is first approved in writing by the City of Opa-locka, it being understood that the contract shall not be assignable unless the proposed assignee is acceptable to the municipality. The request for assignment must include evidence that the proposed assignee qualifies under all requirements of the contract and must be addressed as defined in the contract for services. 9.7 A provision to the effect that the municipality, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to that specific contractor, for the purpose of making audit, examination, excerpts and transcriptions. The City of Opa-Locka shall require contractors to maintain all required records for five (5) years after the City of Opa-Locka makes final payments and all other pending matters are closed. 10.PROPOSAL SUBMITTAL One original plus five (5) copies for a total six (6) of the entire bid package must be submitted to the City of Opa-Locka as follows: City of Opa-Locka City Clerk's Office 780 Fisherman Street Opa-locka, Fl Page 111 33054 All proposals must be received prior to xxxxxxxxx, 2013 at 10:00 am. Proposals may be mailed or dropped off at the Clerk's Office. Proposals must be received in the City Clerk's Office by 10:00 am for it to be considered in the RFP review process. The undersigned verifies that the information contained herein is truthful and accurate and acknowledge that they are owners or agents of the company. Additionally,the undersigned declares that he/she has carefully examined all the items of the specifications and instructions and that he/she fully understands the requirements of same. Authorized Representative's Signature Printed Name Title of Signatory Company Name Address Phone#/Fax # Email address Page 112 ATTACHMENT"A" There shall be no aggregate limitation to the coverage provided under any of the insurance sections stated. A.Contractor's and Sub-Contractor's Insurance The Contractor shall not be awarded work under this contract unless the insurance required under this section has been obtained. The Contractor shall not permit any sub-contractor to commence work on a sub-contract unless like insurance has been obtained by the sub-contractor. The insurance required shall contain a thirty (30) day written notice to the City of Opa-locka, c/o Project Manager, Public Works Department, 12950 Le Jeune Rd,Opa-Locka Fl 33054 of cancellation, non-renewal or material change in coverage. The Contractor will provide a current Certificate of Insurance. B.Worker's Disability Compensation Insurance The Contractor shall procure and maintain during the life of this contract Worker's Disability Compensation Insurance as required by law for all of his/her employees to be engaged in work on the project under this contract, and in case any such work is sub-let, the Contractor shall require the sub- contractor similarly to provide Worker's Disability Compensation Insurance for all of the latter's employees to be engaged in such work in the statutory amount required. C.Contractor's Public Liability and Property Damage Insurance The Contractor shall procure and maintain during the life of this contract, Contractor's Public Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including accidental death, each occurrence and Contractor's Property Damages Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence. D.Contractor's Motor Vehicle Bodily Injury and Property Damage Insurance The Contractor shall procure and shall maintain during the life of this contract, Motor Vehicle Bodily Injury Insurance (comprehensive form) in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including accidental death to each person; and in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence, and property damage in an amount of not less than One million Dollars ($1,000,000.00) for each occurrence. The Contractor shall procure and maintain, during the life of this contract, Hired and Non-Ownership Motor Vehicle Bodily Injury and Property Damage Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including accidental death,to each person; and in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence and property damage in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence. E.Owner's and Contractor's Protective Public Liability and Property Damage Insurance The Contractor shall procure and maintain, during the life of this contract, Owner's and Contractor's Protective Public Liability and Property Damage Insurance in the name of the City in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including accidental death for each occurrence and property damage in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence.Such insurance shall include motor vehicle exposure. F.City of Opa-Locka as Additional Insured The City of Opa-locka, including elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees and volunteers, shall be named specifically as an Additional Insured with respect to the operations of the Contractor and/or sub- contractor for the City of Opa-Locka and a copy of an Endorsement to this effect shall be supplied for each policy involved. Page 1 13 ATTACHMENT"B" SPECIFICATIONS AND DRAWINGS 1 The Contractor shall be responsible for securing the services of a design consultant to prepare the design necessary for permits and construction. 2 The Contractor is solely responsible for safety in all project areas. The Contractor shall erect such barricades and provide other traffic control measures,such as flagmen,as may be necessary to ensure the safety of the public as necessary. 3 The Contractor shall be responsible for the erection and maintenance of barricades,safety fences, and other safety control measures for the complete time of completion of this project. During the construction period,the work area shall be secured and adequate warning notices to the public must be erected to ensure the safety of the traveling and walking public. 4 The Contractor shall be responsible to restore the area of work to its original condition. _ ._. .- - �.-�--..�918 w. •�v _.... 1� „t � 1.'".`, i,a I� I " I ...mull , t w' � t d , ti .,4;',1" ,V* i (, I.; 71711 4d' Na/ 133ta S t Is LIR! d I --7., -I; ' "par-ri.i9---' ' ' - 1 i h r `‘9'G j.,132nd=St l' \\ ,'' 1 f' • 1 - , i,3aroca t,.,,.1 , • J I, �� ,t S C I ( 'Y'1 �' ) I q , ;��r it t`� II f .. -7-4`T-- l c �P'' a 1- 1 i l 5, I NON 3 .r 1 , �V �y I 1 ritt.Z )r' , ., « s l� I in - F I , it ,' t _ -- ^ter-- t -.$ . cif X., Vi , ,,r .--5--- .,.15 U }"j r^: 1 �' t, if 2 f' ,';t '- .. i .: :..I.=----A• ', `d 111 ' ,- Ik mi ' , fit I 4 'it9G1 f - s, ' - 1'14 -..., . E. •:,...1.1.,,,-.7.,,,„—.. ,,.a..:1,:::_. _.-Project Location Map Page 114 i (g . )31 6r P _ h INDEMNIFICATION,DEFEND AND HOLD HARMLESS AGREEMENT(Return this statement on company letterhead with your proposal) KNOW ALL MEN BY THESE PRESENTS:That (Contractor/Company) By and through the undersigned (Individual), Its (Title), respectively,agrees to indemnify and hold harmless the City of Opa-locka,a Florida Municipal Corporation, 780 Fisherman Street, Opa-Locka Fl 33054 (hereinafter"City"),its Commissioners, administrators,employees,attorneys, affiliates,successors and assigns from any and all liability arising, directly or indirectly,from the following activity: All contract related work in the event any suit,proceeding,claim, loss,damage,cost, charge or expense shall be brought against the City,its Commission,officers, administrators,employees,attorneys,affiliates,successors and assigns by virtue of the above-referenced activity,hereby covenants and agrees to assume the defense thereof and defend the same at its own expense and pay all costs, charges,attorney fees and any other expenses related thereto. Notwithstanding the foregoing,this Indemnification,Defend and Hold Harmless Agreement exclude the sole acts and/or the sole omissions to act on the part of the City of Opa-locka. (Signature of person submitting bid) Subscribed and sworn this day of , 2013 before me,a Notary Public in and for said County. Notary Public My Commission Expires: Page 115 4/ fps, O U '+J p '''(°-,9--y� of/ °w aft,.,,,/ NON-COLLUSION AFFIDAVIT(Return this statement on company letterhead with your proposal) being duly sworn deposes and says: That he/she is (State official capacity in firm) The party making the foregoing proposal or bid, that such bid is genuine and not collusion or sham; that said bidder has not colluded, conspired, connived, or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price of affiant or any other bidder, or to fix any overhead, profit, or cost element of said bid price or that of any other bidder, or to secure the advantage against the City of Opa- Locka or any person interested in the proposed contract; and that all statements contained in said proposal or bid are true. (Signature of person submitting bid) Subscribed and sworn this day of , 2013 before me, a Notary Public in and for said County. Notary Public My Commission Expires: Page 116