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HomeMy Public PortalAbout14-8792 RFP for Design Build Service for Burlington Street Canal Dredging Sponsored by: City Manager RESOLUTION NO. 14-8792 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR DESIGN BUILD SERVICES FOR THE BURLINGTON STREET CANAL DREDGING, BANK RESTORATION, AND STABILIZATION WITH SLOPE CORRECTION, PAYABLE FROM ACCOUNT NUMBER 35- 535630, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka (the "City") is seeking the service of a qualified professional firm to provide design-build services for improvements to Burlington Street Canal; and WHEREAS, the Burlington Street Canal is not in compliance with the required slope, per South Florida Water Management District criteria; and WHEREAS, the unprotected Canal bank is degrading the surface water quality, losing its aesthetic view, and needs to be restored to ensure required slope compliance; and WHEREAS, the design-build service will include design, applicable permits, and construction per local, County, and State standards; and WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to prepare and issue a Request for Proposals (RFP) for a qualified design-build firm for improvements to Burlington Street Canal. NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 14-8792 Section 2. The City Commission of the City of Opa-locka, directs and authorizes the City Manager to prepare and issue a Request for Proposals (RFP) for design build services for the Burlington Street Canal dredging, bank restoration, and stabilization with slope correction, payable from 35-535630, a budgeted item. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of R a , 2014. i�,'� ✓ I /' • ''YLOR MAYOR n test to: App �.ved, tf' Ai test . c an. 14.1 ufficiency .441 .\J I • > 1 A AI .S_ V . anna Flores J. ep !Geller ity Clerk f 'E SPOON MARDER PA v ity • ttorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 0_ -Look,: � \G 40. 1.0 RA J 6o¢2. City of Opa-Locka Agenda Cover Memo Commission Meeting 04/23/2014 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 (Enter X in box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No Ex: (EnterX in box) X Account#35-535630 Water and Sewer fund RFP to be issued. Contract/PjO.Required: Yes No RFP/RFQ/Bid#: (EnterX in box) 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 Bus.&Economic Dev IN Must complete in order to improve Public Safety " public safety, flood control, water Quality of Education CT quality, and canal aesthetics. Qual.of Life&City Image Communcation O Sponsor Name Department: City Manager City Manager-CIP Short Title: Request for Proposal(RFP)for the Burlington Street Canal Improvements Staff Summary: The purpose of this Request for Proposals is to seek service of a qualified professional firm to provide design-build services to the City of Opa-locka for the Burlington Street Canal dredging, bank restoration,and stabilization with slope correction. The design-build services will include design, applicable permits, and construction per local, County, State and other applicable standards, rules and regulations. The Burlington 1I Pape Street Canal current does not comply with required slope per South Florida Water Management District criteria. The Canal has progressive bank erosion which is already impacting the adjacent private properties. The bank is very sharp and uneven and is health hazard. The existing condition of the Canal bank has deteriorated as residents are complaining about the threat to their property and public safety. The unprotected Canal bank is degrading the surface water quality and canal is losing its aesthetic view. The Canal bank has to be restored to ensure required slope compliance with the South Florida Water Management District regulations.The slope restoration and stabilization will enhance public safety, address surface water quality and will also protect adjacent properties. The restoration and related dredging will be included in the scope to improve the environmental conditions and also the surface water and canal aesthetic. Proposed Action: Staff recommends approval in order to improve public safety,flood control,water quality, and canal aesthetics. Attachment: 1. Agenda 2. RFP 21Page OQP-LOC„Q.... `ciF 'L-In �ro MEMORANDUM To: Mayor Myra L.Tayl Vice Mayor Joseph L.Kale, Commissioner Tim i by Hol :. Commissioner Doro y Joh k on Commissioner Luis t San • o FROM: Kelvin L.Baker,City Manag• DATE: April 14,2014 RE: Request for Proposal(RFP)for the Burlington Street Canal Improvements Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE DESIGN BUILD SERVICES FOR THE BURLINGTON STREET CANAL DREDGING, BANK RESTORATION, AND STABILIZATION WITH SLOPE CORRECTION, PAYABLE FROM ACCOUNT NUMBER 35-535630(BUDGETED) Description: The purpose of this Request for Proposals is to seek service of a qualified professional firm to provide design-build services to the City of Opa-locka for the Burlington Street Canal dredging, bank restoration, and stabilization with slope correction. The design-build services will include design, applicable permits, and construction per local, County, State and other applicable standards,rules and regulations. Account Number: 35-535630. Financial Impact: This project is budgeted and partially funded by FDEP grant. Implementation Time Line: As soon as possible. Legislative History: None Recommendation(s): Staff recommends approval in order to improve public safety, flood control, water quality, and canal aesthetics. Analysis: The Burlington Street Canal current does not comply with required slope per South Florida Water Management District criteria.The Canal has progressive bank erosion which is already impacting the 1IPttYc adjacent private properties. The bank is very sharp and uneven and is health hazard. The existing condition of the Canal bank has deteriorated as residents are complaining about the threat to their property and public safety. The unprotected Canal bank is degrading the surface water quality and canal is losing its aesthetic view. The Canal bank has to be restored to ensure required slope compliance with the South Florida Water Management District regulations.The slope restoration and stabilization will enhance public safety, address surface water quality and will also protect adjacent properties. The restoration and related dredging will be included in the scope to improve the environmental conditions and also the surface water and canal aesthetic. ATTACHMENT(S): 1. RFP PREPARED BY: Maqsood Mohammad Nasir,PE,CIP Director/City Engineer END OF MEMORANDUM 2IPa < OQP-LOCk4 � 9 V " I_. a • 1.00. No* RFP NO: 14-XXXXXXX REQUEST FOR DESIGN BUILD PROPOSAL FOR BURLINGTON STREET CANAL CITY OF OPA LOCKA 3400 NW 135TH STREET,BUILDING-B, OPA LOCKA, FLORIDA 33054 CITY OF OPA-LOCKA ti \91 nl Advertisement for Request for Proposals u if:. •z k a4 \°'p _ - RFP NO: 14-XXXXXXX BURLINGTON STREET CANAL Design Build Proposals for the Burlington Street Canal will be received by the City of Opa-locka at the Office of the City Clerk, 3400 NW 135th Street, Building-B, Opa-locka, Florida 33054, xxxxx by 1:00 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 to the City of Opa-locka for the Burlington Street Canal dredging, bank restoration,and stabilization with slope correction. An original and five (6) copies a total of seven (7) plus 1 copy of the proposal on CD's in PDF format of the proposal shall be submitted in sealed envelopes/packages addressed to Joanna Flores, City Clerk, City of Opa-Locka, Florida,and marked BURLINGTON STREET CANAL. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 3400 NW 135th Street, Building-B,Opa-locka, Florida 33054,Telephone (305) 953-2800 or copies of the RFP NO: 13-XXXXXXX requirements may also be obtained by visiting the City's website at www.opalockafl.gov, (click "RFQ/PROPOSALS"located on the right hand side of the screen and follow the instructions). Bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal,state and local ordinance.The bidder must comply with all grants requirements as the project is partially funded by FDEP grants and/or will be funded by any other grant sources. Note that bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race,color,religion,sex or national origin. The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP NO: 11-XXXXXXX requirements. Proposers may not withdraw their proposal for a period of ninety(90) days from the date set for the opening thereof. 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 complete rehabilitation of City of Opa- locka for the Burlington Street Canal dredging, bank restoration, and stabilization with slope correction. A copy of this RFP can be obtained from the City of Opa-locka website at www.opalockafl.gov until the expiration date of this solicitation. It is incumbent upon the Respondent to check the website for additional information and/or addendums. Copies of this RFP can also be obtained from the Purchasing Officer at City of Opa-locka, 3400 NW 135th Street, Building-B, Opa-Locka, FL 33054. If you have any questions, please call the contact identified below as it relates to your concern. Written questions regarding the substance of the RFP or scope of services must be submitted via e-mail to the City of Opa-locka contact listed prior to the deadline indicated below. Responses are due prior to the deadline indicated above and must be delivered or mailed to the City of Opa-locka City Clerk's Office located at 3400 NW 135th Street, Building-B. Opa-locka Fl 33054. Late responses will not be accepted-NO EXCEPTIONS. The awarded bidder must comply with grants requirements as the project is partially funded by the grant(s) and/or will be funded any other available grants. The grant(s) compliance requirements will be included in the contract agreement. Listed below are a few of the laws, rules, and regulations that apply to state and federal funds. State Funds • Section 215.97, Florida Statutes • Project CSFA# (Catalog of State Financial Assistance) • Compliance Supplement • Department of Financial Services - Reference Guide for State Expenditures • Any applicable Florida Administrative Code • State agency rules,policies, etc. Bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti-Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal,state and local ordinance. Note that bidder is required to pay workers on this project the minimum wages as determined in the Wage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race,color,religion,sex or national origin. 1.2. DEFINITIONS In this RFP the following definitions shall apply: Page 12 "City" means the City of Opa-locka; "City Representative"has the meaning set out in section 2.2; "City Website"means www.Opa-lockafl.gov "Closing Time"has the meaning set out in section 2; "Contract" means a formal written contract between the City and a Preferred Proponent to undertake the Services,the preferred form of which is attached as Schedule B; "Evaluation Team"means the team appointed by the City; "Information Meeting"has the meaning set out in section 2.1; "Preferred Proponent(s)" means the Proponent(s) selected by the Evaluation Team to enter into negotiations for a Contract; "Proponent" means an entity that submits a Proposal; "Proposal" means a proposal submitted in response to this RFP; "RFP" means this Request for Proposals; "Services" has the meaning of any and all construction and administration work necessary to complete this project "Site"means the place or places where the Services are to be performed; and 2. PROPOSAL SCHEDULE Closing Time and Address For Proposal Delivery Proposals must be received by the office of: Office of the City Clerk 3400 NW 135th Street,Building-B Opa-locka,Florida 33054 CONFIDENTIAL-DO NOT OPEN Proposal Closing Date&Time: XXXXXXX,2014 at 1:00 P.M. (local time). The City will open Proposals in a public setting. Bid Opening Date&Time: July 5, 2014, 1:00 P.M. (local time). Proposal Evaluation Date&Time: XXXXXXX,2014 at 10:00 A.M. (local time). Bid Opening and Evaluation Location: Page 13 3400 NW 135th Street, Building-B,Opa-locka, Florida 33054 Submissions by fax[or email] will not be accepted. 2.1. INFORMATION MEETING An optional information meeting (pre-proposal meeting) will be hosted by the City Representative to discuss the City's requirements under this RFQ (the "Information Meeting") on XXXXXXX, 2013 at 1:00 A.M. at City Hall, 3400 NW 135 Street, Building-B, second Floor, Opa-locka, Florida 33054. Attendance is optional for all Proponents; any proposal received that was not represented during the Information Meeting shall be disqualified. LATE PROPOSALS Proposals received after the Closing Time will not be accepted or considered. Delays caused by any delivery,courier or mail service(s) will not be grounds for an extension of the Closing Time. 2.2. AMENDMENTS TO PROPOSALS Proposals may be revised by written amendment, delivered to the location set out above, at any time before the Closing Time but not after. An amendment must be signed by an authorized signator of the Proponent in the same manner as provided in the original proposals. All inquiries related to this RFP should be directed in writing, via fax or e-mail to the person named below (the "City Representative"). Information obtained from any person or source other than the City Representative may not be relied upon. City Representative: Ms.Rose McKay Phone: 305 953 2826 ext 1307 Fax: 305 953 2900 Email: rmckay@>opalockafl.gov Inquiries should be made no later than 7 days before Closing Time. The City reserves the right not to respond to inquiries made within 7 days of the Closing Time. Inquiries and responses will be recorded and may be distributed to all Proponents at the discretion of the City. Proponents finding discrepancies or omissions in the Contract or RFP, or having doubts as to the meaning or intent of any provision, should immediately notify the City Representative. If the City determines that an amendment is required to this RFP, the City Representative will issue an addendum in accordance with section 2.3. No oral conversation will affect or modify the terms of this RFP or may be relied upon by any Proponent. 2.3. ADDENDA If the City determines that an amendment is required to this RFP, the City Representative will post a written addendum on the City Website at http:JJwww.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 Page 14 unless it is posted in a formal written addendum on the City Website. Upon submitting a Proposal, Proponents will be deemed to have received notice of all addenda that are posted on the City Website. 2.4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE Proponents will be deemed to have carefully examined the RFP, including all attached Schedules, the Contract and the Site (as applicable) prior to preparing and submitting a Proposal with respect to any and all facts which may influence a Proposal. 2.5. STATUS INQUIRIES All inquiries related to the status of this RFP, including whether or not a Contract has been awarded, should be directed to the City Website and not to the City Representative. 3. PROPOSAL SUBMISSION FORM AND CONTENTS 3.1. PACKAGE Proposals should be in a sealed package,marked on the outside with the Proponent's name,title of the Project and reference number. 3.2. FORM OF PROPOSAL Proponents should complete the form of Proposal attached as Schedule A. Proponents are encouraged to use the form provided and attach additional pages as necessary. Proponents should also provide the requested information as listed in Section 4(b) as part of the proposal. 3.3. SIGNATURE The legal name of the person or firm submitting the Proposal should be inserted in Schedule A. The Proposal should be signed by a person authorized to sign on behalf of the Proponent and include the following: (a) If the Proponent is a corporation then the full name of the corporation should be included, together with the names of authorized signatories. The Proposal should be executed by all of the authorized signatories or by one or more of them provided that a copy of the corporate resolution authorizing those persons to execute the Proposal on behalf of the corporation is submitted; (b) If the Proponent is a partnership or joint venture then the name of the partnership or joint venture and the name of each partner or joint venturer should be included, and each partner or joint venturer should sign personally (or, if one or more person(s) have signing authority for the partnership or joint venture, the partnership or joint venture should provide evidence to the satisfaction of the City that the person(s) signing have signing authority for the partnership or joint venture). If a partner or joint venturer is a corporation then such corporation should sign as indicated in subsection (a)above; or (c) If the Proponent is an individual, including a sole proprietorship, the name of the individual should be included. Page 5 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 Price Proposal 55 points Conceptual Plans 10 points Local Hire 15 points References 10 points DBE Preference Firm(s) 5 points 4.2. EVALUATION CRITERIA The Evaluation Team will compare and evaluate all Proposals to determine the Proponent's strength and ability to provide the Services in order to determine the Proposal which is most advantageous to the City,using the following criteria: (a) PRICE PROPOSAL The City will consider the proponent's price proposal in terms of accuracy, completeness, value, local market and substantiated industry standards. The bid price must be supported by the conceptual plans and the total lump sum price must be justified by the cost break down. (b) CONCEPTUAL PLANS The conceptual plan must include site visit report with findings. The conceptual plans must be on aerial map and the bidder must include color printout on 11"x17" paper. The plans must be very clearly understandable and cross sections for the dredging and bank slope correction must be included.The slope stabilization materials must be identified and must be acceptable to the regulatory agencies in addition to the city engineer. (c) EXPERIENCE The City will consider the proponent's past experience in undertaking similar projects in type, scope,and budget At a minimum,the proposal should contain the following information: • Business Organization-State the full name,address,phone number and fax number of your business and whether you operate as an individual,partnership,or corporation. Also indicate if you are a female or minority owned and/or operated business. • List of business's experience with federal, state or municipal programs pertaining to sidewalk replacement. If applicable,also identify other services performed for federal,state or municipal programs. • Fee Schedule - Please state your standard fee schedule according to the standard formats of compensation. Page 16 • 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 provided similar services 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) LOCAL WORK FORCE PARTICIPATION The Evaluation Team will consider the Proponent's organization ability to implement initiatives in compliance with section 3 Federal requirements for local employment, training and contracts with project area businesses. The bidders must make commitment to hire local residents within the city limits. Project specific policy to hire local residents with numbers, i.e. how many project specific employees are projected to be hired from the city must be included in the bid package. (d) DBE Preference: The Evaluation Team will consider the Proponent's Disadvantage Business Enterprise Certification. 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. Page 17 4.4. ADDITIONAL INFORMATION The Evaluation Team may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only selected Proponents. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal. 4.5. NEGOTIATION OF CONTRACT AND AWARD If the City selects a Preferred Proponent or Preferred Proponents,then it may: (a) Enter into a Contract with the Preferred Proponent(s); or (b) Enter into discussions with the Preferred Proponent(s) to clarify any outstanding issues and attempt to finalize the terms of the Contract(s), including financial terms. If discussions are successful, the City and the Preferred Proponent(s) will finalize the Contract(s); or (c) if at any time the City reasonably forms the opinion that a mutually acceptable agreement is not likely to be reached within a reasonable time, give the Preferred Proponent(s) written notice to terminate discussions, in which event the City may then either open discussions with another Proponent or terminate this RFP and retain or obtain the Services in some other manner. The City is under no obligation to accept any Proposal submitted. The City reserves the right in its sole discretion to waive informalities in, or reject any or all Proposals, or to accept any Proposal deemed most favorable in the interest of the City, or cancel the competition at any time without award. Thereafter,the City may issue a new Invitation/Request,sole source or do nothing. All costs incurred in the preparation and presentation of the proposal shall be wholly absorbed by the contractor. All supporting documentation and manuals submitted with this proposal will become the property of the City of Opa-locka unless otherwise requested by the contractor at the time of submission. 5. GENERAL CONDITIONS 5.1. NO CITY OBLIGATION This RFP is not a tender and does not commit the City in any way to select a Preferred Proponent, or to proceed to negotiations for a Contract,or to award any Contract,and the City reserves the complete right to at any time reject all Proposals,and to terminate this RFP process. 5.2. PROPONENTS' EXPENSES Proponents are solely responsible for their own expenses in preparing,and submitting Proposals,and for any meetings, negotiations or discussions with the City or its representatives and consultants, relating to or arising from this RFP. The City and its representatives,agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits,or for any other matter whatsoever,incurred by the Proponent in preparing Page 18 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 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 contractor to provide design-build services for dredging, bank restoration &stabilization, and slope correction for the Burlington Street Canal in the City of Opa-locka. The design-build services will include design, applicable permits, and construction per local, County, State and other applicable standards,rules and laws. The Burlington Street Canal current does not comply with required slope per South Florida Water Management District criteria. The Canal has progressive bank erosion which is already impacting the adjacent private properties. The bank is very sharp and uneven and is health hazard.The existing condition of the Canal bank has deteriorated as residents are complaining about the threat to their property and the threat to public safety. The unprotected Canal bank is degrading the surface water quality and canal is losing its aesthetic view. The Canal bank has to be restored to ensure required slope compliance with the South Florida Water Management District regulations. The slope restoration will enhance public safety, address surface water quality and will also protect adjacent properties. The restoration and related dredging to be included in the scope to improve the environmental conditions and also the surface water and canal aesthetic based on condition assessment per site visit. The detail findings and engineering concept must be outlined in the conceptual plans. Detail cost breakdown is a must to justify the total lump sum cost. Page 19 6.2 The contract awarded firm(s) will be responsible for any and all damage due to construction. Any damage caused by the contractor must be repaired within seven (7) to ten (10) working day at the expense of the contractor. Contractor will need to make sure that all trees, shrubs and signs are protected and not damaged during construction. If damage occurs, the contractor will be liable for such damages. The areas of improvements will be as indicated in the work order. 6.3 It is expressly agreed and understood that the contract awarded firm(s) is, in all respects, an independent firm(s) as to work; however, in certain aspects,the Contractor is bound to follow the directions of the City at the time of repair and/or construction,and that the firm(s) is in no respect an agent,servant or employee of the City. 6.4 The contract awarded firm's (contractor's) timeliness and delivery of quality products shall be monitored by the City. If at any time the Contractor is performing less than satisfactory work, the Contractor, upon notification by the City, shall do whatever is necessary to perform the work properly at no additional cost to the City. Failure to give such notification shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified. Failure to perform the work in the time specified in the work order will trigger liquidity damages of$750/day. 6.5 The City of Opa-locka reserves the right to select the qualified firm(s) which best meets the City's goals and objectives, needs, budget constraints, and quality levels, as well as its service level expectations. The City reserves the right, in its sole discretion, to reject any/or all proposals, to waive any irregularities and technical defects contained therein, to award the contract in its entirety, in part or not at all and/or to determine which proposal is the lowest and/or best to enter into a Contract, as it may deem to be in the best interest of the City of Opa-locka. 7. COMPLIANCE WITH APPLICABLE LAWS All work shall conform to all applicable federal,state,county,and local requirements. 8.INSURANCE REQUIREMENTS 8.1 The selected service provider shall agree to indemnify and hold harmless the City of Opa-locka and its officers, agents, and employees from any and all claims, causes, or actions, and damages of every kind, for injury to or death of any person and damages to property arising out of or in connection with the work done by the Contractor under this contract, and including acts or omissions of the City of Opa-locka or its officers,agents,or employees in connection with said contract. 8.2 The City will require proof of professional liability insurance with errors and omissions coverage, workers compensation insurance, general liability and automobile insurance with companies authorized to do business in Miami Dade County, Florida,and in amounts satisfactory to the City. 8.3 The successful Contractor, within ten days after the contract award, shall furnish the City with proof of insurance as stated in Attachment A. 8.4 The City of Opa-locka shall be named as additional insured on all policies as directed in Page 110 Attachment A. Should any insurance required by this contract lapse, the Contractor shall immediately cease any operations until authorized in writing by the City. If the lapse period extends fifteen (15) days,the contract shall automatically terminate and the Contractor shall be in breach of this contract. 9.AGREEMENT/EXCEPTIONS 9.1 Submission of a proposal indicates the Contractor agrees to the terms, conditions and other provisions contained in the RFP, unless the Contractor clearly and specifically presents in its proposal any exceptions to the terms,conditions,and other provisions contained in the RFP. 9.2 Exceptions presented in a proposal are not to be considered incorporated into the contract between the City of Opa-locka and the selected Contractor unless and until the City agrees to accept such exceptions. 9.3 The selected Contractor must acknowledge and agree that the contract resulting from this RFP includes the terms, conditions, and other provisions contained in the RFP, the proposal selected (including any exceptions accepted by the City) which is acceptable to the City and is not in conflict or contravention of the RFP, and any other documents mutually agreed upon by the City and selected Contractor. 9.4 No oral statements or any person shall modify or otherwise change or affect the terms,conditions, or specifications stated in the RFP or the resulting contract. 9.5 A formal contract will be negotiated after the selection of a contractor for the services identified in the scope of services by the City of Opa-locka. 9.6 The contractor shall not assign the contract or any part thereof to any other person unless such assignment is first approved in writing by the City of Opa-locka, it being understood that the contract shall not be assignable unless the proposed assignee is acceptable to the municipality. The request for assignment must include evidence that the proposed assignee qualifies under all requirements of the contract and must be addressed as defined in the contract for services. 9.7 A provision to the effect that the municipality, shall have access to any books, documents, papers and records of the contractor which are directly pertinent to that specific contractor, for the purpose of making audit, examination, excerpts and transcriptions. The City of Opa-locka shall require contractors to maintain all required records for five (5) years after the City of Opa-locka makes final payments and all other pending matters are closed. 10.PROPOSAL SUBMITTAL One original plus five (5) copies for a total six (6) of the entire bid package must be submitted to the City of Opa-locka as follows: City of Opa-locka City Clerk's Office Page I11 3400 NW 135th Street, Building-B Opa-locka, Fl-33054 All proposals must be received prior to xxxxxxxxx, 2014 at 10:00 am. Proposals may be mailed or dropped off at the Clerk's Office. Proposals must be received in the City Clerk's Office by 10:00 am for it to be considered in the RFP review process. The undersigned verifies that the information contained herein is truthful and accurate and acknowledge that they are owners or agents of the company. Additionally,the undersigned declares that he/she has carefully examined all the items of the specifications and instructions and that he/she fully understands the requirements of same. Authorized Representative's Signature Printed Name Title of Signatory Company Name Address Phone#/Fax # Email address Page 112 ATTACHMENT"A" There shall be no aggregate limitation to the coverage provided under any of the insurance sections stated. A.Contractor's and Sub-Contractor's Insurance The Contractor shall not be awarded work under this contract unless the insurance required under this section has been obtained.The Contractor shall not permit any sub-contractor to commence work on a sub-contract unless like insurance has been obtained by the sub-contractor. The insurance required shall contain a thirty (30) day written notice to the City of Opa-locka, c/o CIP Directro, 3400 NW 135th Street, Building -B, Opa-locka Fl 33054 of cancellation, non-renewal or material change in coverage. The Contractor will provide a current Certificate of Insurance. B.Worker's Disability Compensation Insurance The Contractor shall procure and maintain during the life of this contract Worker's Disability Compensation Insurance as required by law for all of his/her employees to be engaged in work on the project under this contract, and in case any such work is sub-let, the Contractor shall require the sub- contractor similarly to provide Worker's Disability Compensation Insurance for all of the latter's employees to be engaged in such work in the statutory amount required. C.Contractor's Public Liability and Property Damage Insurance The Contractor shall procure and maintain during the life of this contract, Contractor's Public Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including accidental death, each occurrence and Contractor's Property Damages Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence. D.Contractor's Motor Vehicle Bodily Injury and Property Damage Insurance The Contractor shall procure and shall maintain during the life of this contract, Motor Vehicle Bodily Injury Insurance (comprehensive form) in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including accidental death to each person; and in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence, and property damage in an amount of not less than One million Dollars ($1,000,000.00) for each occurrence. The Contractor shall procure and maintain, during the life of this contract, Hired and Non-Ownership Motor Vehicle Bodily Injury and Property Damage Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including accidental death, to each person; and in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence and property damage in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence. E.Owner's and Contractor's Protective Public Liability and Property Damage Insurance The Contractor shall procure and maintain, during the life of this contract, Owner's and Contractor's Protective Public Liability and Property Damage Insurance in the name of the City in an amount of not less than One Million Dollars ($1,000,000.00) for injuries, including accidental death for each occurrence and property damage in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence. Such insurance shall include motor vehicle exposure. F.City of Opa-locka as Additional Insured The City of Opa-locka, including elected and appointed officials, all employees and volunteers, all boards,commissions and/or authorities and their board members, employees and volunteers,shall be named specifically as an Additional Insured with respect to the operations of the Contractor and/or sub-contractor for the City of Opa-locka and a copy of an Endorsement to this effect shall be supplied for each policy involved. Page 113 ATTACHMENT"B" SPECIFICATIONS AND DRAWINGS 1 The Contractor shall be responsible for securing the services of a design consultant to prepare the design necessary for permits and construction. 2 The Contractor is solely responsible for safety in all project areas. The Contractor shall erect such barricades and provide other traffic control measures,such as flagmen,as may be necessary to ensure the safety of the public as necessary. 3 The Contractor shall be responsible for the erection and maintenance of barricades,safety fences,and other safety control measures for the complete time of completion of this project. During the construction period,the work area shall be secured and adequate warning notices to the public must be erected to ensure the safety of the traveling and walking public. 4 The Contractor shall be responsible to restore the area of work to its original condition. 5 The conceptual plan must include site visit report highlighting the findings. 6 The canal bank slope must be corrected with proper stabilization per South Florida Water Management District criteria. Page 114 Qii'LC)Ck4 i 9 `r f li 4itl' =i e/j _ yea OA''bnnt°'' INDEMNIFICATION,DEFEND AND HOLD HARMLESS AGREEMENT (Return this statement on company letterhead with your proposal) KNOW ALL MEN BY THESE PRESENTS:That (Contractor/Company) By and through the undersigned (Individual), Its (Title),respectively,agrees to indemnify and hold harmless the City of Opa- locka,a Florida Municipal Corporation, 3400 NW 135th Street, Building-B, Opa-locka 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 , 2014 before me,a Notary Public in and for said County. Notary Public My Commission Expires: Page 115 ,0Pa.LOCIr4`. r Ol U� � a' . �1sir`�riwf 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 , 2014 before me, a Notary Public in and for said County. Notary Public My Commission Expires: Page 116 Opp.LOO„ a, ro • .ot�nom), yc rr�V o DRUG-FREE WORKPLACE CERTIFICATION FORM Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and service, are received by the CITY OF OPA-LOCKA for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program,a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number(1). 4. In the statement specified in number (1), notify the employees that as a condition for working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction on or plea of guilty or no contest to any violation of Chapter 893, Florida Statutes or of any controlled substance law of the United States or any singular state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Section 287.087,Florida Statutes. This Certification is submitted by the (Name) of (Title/Position) (Company) who does hereby certify that said Company has implemented a drug-free workplace program,which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Date Signature incidental work and services required for the completion of the work. Page 117 c► + � RFP NO: 14-XXXXXXX BIDDER QUALIFICATIONS The Bidder, as a result of this proposal, MUST hold a County and/or Municipal Contractor's Occupational License in the area of their fixed business location. The following information MUST be completed and submitted with the proposal to be considered: 1. Legal Name and Address: Name: Address: City, State, Zip: Phone/Fax: 2. Check One: Corporation( ) Partnership( ) Individual ( ) 3. If Corporation,state: Date of Incorporation: State in which Incorporated: 4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of such authorization: 5. Name and Title of Principal Officers Date Elected: 6. The length of time in business: years 7. The length of time (continuous) in business as a service organization in Florida: years 8. Provide a list of at least five commercial or government references that the bidder has supplied service/commodities meeting the requirements of the City of Opa-locka specification, during the last twenty-four months. 9. A copy of County and/or Municipal Occupational License(s) Note: Information requested herein and submitted by the bidders will be analyzed by the City of Opa-locka and will be a factor considered in awarding any resulting contract. The purpose is to insure that the Contractors, in the sole opinion of the City of Opa-locka, can sufficiently and efficiently perform all the required services in a timely and satisfactory manner as will be required by the subject contract. If there are any terms and/or conditions that are in conflict,the most stringent requirement shall apply. Page 118 t k yY . RFP NO: 14-XXXXXXX BID BOND PROJECT NAME: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) KNOW ALL MEN BY THESE PRESENTS,that we, , as Principal,and ,as Surety,are held and firmly bound unto the City of Opa-locka,a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators and successors jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated , 2014 for the Project. WHEREAS, it was a condition precedent to the submission of said Bid that a Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the PROPONENT would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written Notice of Award. NOW,THEREFORE,the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written Notice of Award, enters into a written Contract with the City of Opa-locka and furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Opa-locka and the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. Page 119 IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 2012,the name and the corporate seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. IN PRESENCE OF: ( Seal) (Individual or Partnership Principal) (Business Address) (City/State/Zip) (Business Phone) ATTEST: Secretary (Corporate Surety)* B Y *Impress Corporate Surety Seal IMPORTANTSurety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. Page 120 :OCp-IOOk .. • • Ot u q• > \t. RFP NO: 14-XXXXXXX PRICE PROPOSAL FORM PROPONENT understands and agrees that the Contract Price is the lump sum to furnish and install all of the Work complete in place. Contractor's price will not be adjusted unless the CITY changes the scope of the Project after the Contract Date. As such, the Contractor shall furnish all labor, materials, equipment, tools, superintendence and services necessary to provide a complete,in place Project for the Proposed Price of: LUMP SUM PRICE: $ Dollars and Cents Attach the itemized price based on the plans, and specifications. 1. The ENTIRE WORK shall be completed, in full, within Calendar days from the date stipulated in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as indicated in 18.23. 2. Communications concerning this Bid shall be addressed to: PROPONENT: Address: Telephone: Facsimile: Attention: 3. The terms used in this RFP which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. Page 21 SUBMITTED THIS DAY OF 2014. BID SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Fax Number Bid Signature Email Address Title Page 122