Loading...
HomeMy Public PortalAbout16-9143 Request for Design Build Proposals for Usage of the State Revolving Loan Funds for Zone 6 Sponsored by: City Manager RESOLUTION No. 16-9143 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR DESIGN BUILD PROPOSALS FOR THE USAGE OF THE STATE REVOLVING LOAN FUNDS FOR ZONE 6 WASTEWATER, DRINKING WATER AND STORMWATER UTILITIES PROJECT USING A NEW TWO-STEP, LOW BID PROCESS, INCLUDING A PREQUALIFICATION PROCESS, FOLLOWED BY RECEIPT OF BIDS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Opa-Locka issued a Request For Proposals (RFP) to solicit bids for design build services for Zone 6, including NW 147th Street to provide wastewater, storm water and drinking water systems; and WHEREAS, The RFP allowed for the City to reserve at all times the right to reject all bids and initiate a new RFP process; and WHEREAS, The City Commission finds that it is in the City's best interest to initiate a new RFP process. NOW THEREFORE BE IT RESOLVED THAT 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 hereby authorizes the City Manager to issue a new RFP for Zone 6, including NW 147th Street, Wastewater, Drinking Water, and Storm Water construction and authorizes the issuance of a new RFP process. (EXHIBIT "A"). Section 3. This resolution shall take effect immediately upon adoption. Resolution No. 16-9143 PASSED AND ADOPTED this 27th day of January, 2016. /./.r yra . Taylor Mayor Attest to: Approved as to form and legal sufficiency: janna Flores Vincent T. Brown, Esq. ity Clerk THE BROWN LAW GROUP, LLC City Attorney Moved by: COMMISSIONER PINDER Seconded by: COMMISSIONER SANTIAGO Commissioner Vote: 4-0 Commissioner Kelly: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice Mayor Holmes: NOT PRESENT Mayor Taylor: YES OCa-lOCk4 O4 �O � 9 O U D �O op City of Opa-Locka A • enda Cover Memo Commission Meeting Item Type: ,,, t .. ' Date: 1/27/2016 X (EnterXin box) Fiscal Impact: w.,: Ordinance Reading: (EnterX in box) (EnterXin box) X Public Hearing: (EnterXin box) X - Funding Source: Advertisin Re uirement: Acct#75-535312 Storm Water (EnterXin box) X Management-Capital Projects/Water& Sewer Contract/P.O.Required: ;e " RFP/RFQ/Bid#: (EnterXin box) _ X Strategic Plan Related Strategic Plan Priority Area Strategic Plan Obj./Strategy: (list the (Enter X in box) X Enhance Organization: Q specific objective/strategy this item will address) Bus.&Economic Dev: The proposed infrastructure Public Safety: atj Quality of Education: improvements will have a positive Qual.of Life&City Image: impact on property values,improve Communication: the City's image and enhance the quality of life for area residents and businesses. Sponsor Name City Manager Department: Capital Projects—Storm Water A resolution of the City Commission authorizing the City Manager to issue a Request for Design Build Proposals (RFP) for the infrastructure projects known as ZONE 6, including NW 147th Street, which seek to improve certain wastewater,drinking water and storm water systems. TEr '"tom. 9 r.: „�x ' The project known as ZONE 6, including NW 147th Street is an infrastructure project that improves certain wastewater, drinking water and storm water systems with an estimated cost of ten million dollars ($10,000,000.00). The proposed improvements are consistent with the City's strategic plan priorities. While not included in the fiscal year 2015-16 budget,the proposed improvements will be funded from the State of Florida Revolving Loan Fund. During the mid-year budget process, the budget will be adjusted accordingly to reflect the proposed amendment. 17j: .70fiesd; l Staff recommends approval of this strategic plan priority. Attadunesit m ocor,LOCk q 04 V jD ° "owytE J;9y MEMORANDUM To: Mayor Myra L.Taylor Vice Mayor Timothy Holmes Commissioner Joseph L.Kelley Commissioner Luis B. Santiago Commissioner Terence K.Pinder FROM: David Chiverton,City Manager DATE: January 27,2016 RE: Advertise for Zone 6 Stormwater,Wastewater,and Drinking Water Project including NW 147th Street REQUEST: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR THE DESIGN BUILD SERVICES FOR ZONE 6 INCLUDING NW 147TH STREET DRAINAGE &ROADWAY, SANITARY SEWER,AND DRINKING WATER SYSTEM PROJECT FUNDED BY THE STATE OF FLORIDA REVOLVING FUNDS. DESCRIPTION: The City of Opa-locka would like issued a Request for Proposal (RFP) to solicit competitive proposals from qualified professional firms to provide design-build services for Zone 6 including NW 147th Street wastewater, stormwater, and drinking water system improvements. FINANCIAL IMPACT: The project is funded by FDEP Grants and State Revolving Loan. IMPLEMENTATION TIME LINE:As soon as possible. RECOMMENDATION(S): The staff recommends advertising for the design build services for Zone 6 including NW 147th Street wastewater, stormwater, and drinking water system improvements project. PREPARED BY: Airia Austin,CIP Project Manager END OF MEMORANDUM 09 r‘ �Op t- ,Q v �. D Z0 _ 92 0 RFP NO: xx-xxxxxxx REQUEST FOR DESIGN BUILD PROPOSAL FOR 2014 SRF ZONE 6 STORM SEWER INFRASTRUCTURE IMPROVEMENTS SANITARY SEWER INFRASTRUCTURE IMPROVEMENTS DRINKING WATER INFRASTRUCTURE IMPROVEMENTS CITY OF OPA-LOCKA 780 FISHERMAN STREET OPA-LOCKA, FLORIDA 33054 Table of Contents ADVERTISEMENT FOR REQUEST FOR PROPOSALS 1 1 INTRODUCTION 2 1.1 Purpose and Project Information 2 1.2 Definitions 5 1.3 Proposal Schedule 5 1.4 Information Meeting 6 1.5 Late Proposals 6 1.6 Amendments to Proposals 6 1.7 Addenda 6 1.8 Examination of Contract Documents and Site 7 1.9 Status Inquiries 7 2 PROPOSAL SUBMISSION FORM AND CONTENTS 8 2.1 Package 8 2.2 Form of Proposal 8 2.3 Required Forms 8 2.4 Signature 8 3 EVALUATION AND SELECTION 9 3.1 Evaluation Team 9 3.2 Evaluation Criteria 11 3.3 Negotiation of Contract and Award 11 4 GENERAL CONDITIONS 12 4.1 No City Obligation 12 4.2 Respondents' Expenses 12 4.3 No Contract 12 4.4 Conflict of Interest 12 4.5 Solicitation of Commission Members Error! Bookmark not defined. 4.6 Confidentiality 12 5 SCOPE OF SERVICES ERROR! BOOKMARK NOT DEFINED. 6 COMPLIANCE WITH APPLICABLE LAWS 13 7 INSURANCE REQUIREMENTS 13 8 AGREEMENTS/EXCEPTIONS 14 9 PROPOSAL SUBMITTAL 14 ATTACHMENT "A" - INSURANCE REQUIREMENTS 15 ATTACHMENT "B" - GENERAL GUIDELINES 17 ATTACHMENT "C" - BIDDER QUALIFICATIONS 18 ATTACHMENT "D" - BID PRICE PROPOSAL FORM 19 ATTACHMENT "E" - BID BOND 21 ATTACHMENT "F" - CERTIFICATION REGARDING DEBARMENT 23 ATTACHMENT "G" - NON-COLLUSION AFFIDAVIT 25 ATTACHMENT "I" - FDEP REQUIREMENTS 28 AIS-FINAL-GUIDANCE 28 FDEP SUPPLEMENTARY CONDITIONS 28 ii •LOC pQP k4 CITY OF OPA-LOCKA - ..0 Advertisement for Request for Proposals 1.0 ti RFP NO: xx-xxxxxxx 0 /9, 4pOF1/0 REQUEST FOR DESIGN BUILD PROPOSAL SRF ZONE 6 STORM SEWER INFRASTRUCTURE SANITARY SEWER INFRASTRUCTURE DRINKING WATER INFRASTRUCTURE Design Build Proposals for Zones 6 Storm Sewer, Sanitary Sewer, and Drinking Water projects will be received by the City of Opa-locka at the Office of the City Clerk, 780 Fisherman Street, Opa-locka, Florida 33054, November 02, 2015 by 1:30 p.m. Proposals received after the designated closing time will be returned unopened. The design build services for the sanitary sewer, drinking water and storm sewer infrastructure improvements will include design, permitting & jurisdictional approvals, preparation of construction documents and construction activities per City of Opa-locka, Miami-Dade County, Florida Department of Environmental Protection (FDEP), South Florida Water Management District (SFWMD), Florida Department of Transportation (FDOT) and all other applicable permitting/regulatory agencies standards and regulations. The design build team must include minimum of three (3) sub-contractors. The proposals should be submitted in sealed envelopes/packages addressed to Joanna Flores, City Clerk, City of Opa-Locka, Florida, and marked SRF Zones 6 Storm Sewer, Sanitary Sewer, and Drinking Water Infrastructure Improvements. Bidders desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, Opa- locka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP NO: xx-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). Bidders 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 applicable grants and/or State Revolving Fund requirements as the project is partially/fully funded by Sate Revolving Funds and/or will be funded by any other grants/funding sources. A mandatory pre-bid meeting will be held on October 15, 2015 at 11:00 am at Sherbondy Village 215 Perviz Ave, Opa-locka, Florida 33054. Note that bidders are required to pay workers on this project at least 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 bidder whose proposal best complies with the RFP requirements. Bidders may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Page 1 of 31 1 Introduction 1.1 Purpose and Project Information The City of Opa-locka is requesting responses to this Request for Proposal (RFP) from qualified professional Contractor (s) to provide design build services for Zone 6 Storm Sewer, Sanitary Sewer, and Drinking water infrastructure improvements. The storm sewer improvements consist of the installation of new storm sewer infrastructure including but not limited to storm drain piping, cross drain piping, exfiltration systems, catch basins, manholes, control structures, hydrodynamic separation structures, curb inlets, ditch bottom inlets, end walls, rip rap, outfall pipes, pavement repair and miscellaneous roadway improvements, curbing, accessible ADA curb ramps, sidewalks to derive healthy, safe and environmentally friendly street corridors within the City, in accordance with applicable jurisdictional standards and regulations. The extent of improvements are specified on the project indicative design criteria drawings prepared by the City for this solicitation. The Sanitary Sewer improvements consists of the replacement, repair and/or lining of the existing deteriorated wastewater system including but not limited to mainline piping, valves, manholes, laterals, wyes, tees and various appurtenances required for successful installation and operations in accordance with applicable jurisdictional standards and regulations. The wastewater scope will also include SCADA system for the pump stations. The scope includes required improvements in accordance with the planning documents recommendation prepared by EAC Consulting Inc. The drinking water improvements consists of the replacement of the existing deteriorated potable water system infrastructure including but not limited to mainline piping, valves, service connections, water service conversions (service line including meters relocation from the rear to the front of properties), tees, and various appurtenances required for successful installation and operations in accordance with applicable jurisdictional standards and regulations. The improvements also encompass abandonment of existing piping of various material types as well as associated roadway pavement restoration as specified on the project indicative design criteria drawings. These improvements are required to improve system pressures, provide fire flow protection and operations for the residents and customers of the city. A copy of this RFP along with attachments can be obtained from the City of Opa-locka website at www.opalockafl.gov until the expiration date of this solicitation. It is incumbent and mandatory for each 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. Questions and any clarification to the RFP or scope of services must be submitted via e- mail to the City of Opa-locka's Office of the City Clerk at jflores @opalockafl.govResponses 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 Street. Opa-locka FL. 33054. Late responses will not be accepted — NO EXCEPTIONS. The City shall not be responsible for any late deliveries due to mailing, freight services or courier services. It is each respondent's responsibility to ensure timely submittal of a response to the City. Page 2 of 31 The awarded bidder must comply with grants and other funding source requirements and constraints as the project is partially and/or funded by grant(s) and/or State Revolving Funds (SRF) and/or will be funded any other available grants. The grant(s) and/or SRF 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 1. Section 215.97, Florida Statutes 2. Project CSFA# (Catalog of State Financial Assistance) 3. Compliance Supplement 4. Department of Financial Services - Reference Guide for State Expenditures 5. Any applicable Florida Administrative Code 6. 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 at least 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 following outlines the roadways included in zone 6 stormwater system project: Zone Street Name NW 147 St NW 149 St NW 150 St NW 25 Ct NW 24 Ct NW 22 Ct 6 NW 26 Ave NW 25 Ave NW 24 Ave NW 23 PI NW 23 Ct NW 22 PI NW 22 Ct NW 23 Ave The following outlines the roadways included in zone 6 wastewater system project: ZONE STREETS/DESCRIPTION NW 147 St 6 Burlington St NW 135 St NW 137 St Page 3 of 31 NW 138 St NW 140 St NW 141 St NW 143 St NW 149 St NW 150 St Atlantic Ave NW 22 Ave NW 22 Ct NW 22 PI NW 23 Ave NW 23 Ct NW 23 PI NW 24 Ave NW 24 Ct NW 25 Ave NW 25 Ct NW 26 Ave Rutland St Sharar Ave SR-9 Service Rd Superior St The following outlines the roadways included in zone 6 drinking water system project: Zone Street Name NW 147 St Burlington St NW 139 St NW 140 St NW 150 St NW 135 St NW 26th Ave 6 NW 22 Ave NW 22 Ct NW 22 PI NW 23 Ave NW23Ct NW 24 Ave NW 24 Ct NW 25 Ave NW 25 Ct Page 4 of 31 NW 26 St Service Rd Superior St 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 1.4; "City Website" means www.Opalockafl.gov "Closing Time" has the meaning set out in section 1.3; "Contract" means a formal written contract between the City and a Preferred Respondent 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 1.4; "Preferred Respondent(s)" means the Respondent(s) selected by the Evaluation Team to enter into negotiations for a Contract; "Respondent" 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. "SRF" State Revolving Fund "FDEP" Florida Department of Environmental Protection Agency 1.3 Proposal Schedule Closing Time and Address for Proposal Delivery Proposals must be received by: Office of the City Clerk 780 Fisherman Street, 4th Floor Opa-locka, Florida 33054 Page 5 of 31 CONFIDENTIAL— DO NOT OPEN Proposal Closing Date &Time: November 02, 2015 by 1:30 p.m (local time). Submissions by fax [or email] will not be accepted. Bid Price Opening Date &Time: November 09, 2015 at 1:30 p.m (local time). Bid Price Opening Location: 215 Perviz Ave; Sherbondy Village, Opa-locka, Florida 33054 1.4 Information Meeting A mandatory pre-proposal / information meeting will be hosted by the City on October 15, 2015 to discuss the City's requirements under this RFP. This "Information Meeting" will commence at 11:00 am prompt at Sherbondy Village, 215 Perviz Ave, Opa-locka, Florida 33054. Attendance is mandatory for all Respondents; any proposal received from respondents not in attendance during the Information Meeting shall be disqualified. 1.5 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. 1.6 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 signatory of the Respondent in the same manner as provided in the original proposals. All inquiries related to this RFP should be directed in writing, via fax to the City Clerk or e-mail to ifloresopalockafl.gov. Inquiries should be made no later than November 7, 2015. The City reserves the right not to respond to inquiries made in a timely manner. Inquiries and responses will be recorded and may be distributed to all registered Respondents and/or posted on the City's website at the discretion of the City. Respondents requiring clarification to any items within the RFP document(s), should immediately notify the City. If the City determines that an amendment is required to this RFP, the City shall 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 Respondent. 1.7 Addenda If the City determines that an amendment is required to this RFP, the City shall post a written addendum on the City Website at www.Opa-Iockafl.gov (the "City Website"). Upon posting the amendment shall 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, Respondents shall be deemed to have received notice of all addenda that are posted on the City Website. Page 6 of 31 1.8 Examination of Contract Documents and Site Respondents 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. 1.9 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 Clerk's Office. Page 7of3l 2 PROPOSAL SUBMISSION FORM AND CONTENTS 2.1 Package Proposals should be in a sealed package, marked on the outside with the Respondent's name, title of the Project and reference number. 2.2 Form of Proposal The Proposal Package will consist of two separate sealed submittals. 1) Schedule A - Pre-Qualification Questionnaire, Schedule B - Ability to Perform Work, and all Required Forms. 2) Attachment D - Bid Price Proposal Form must be provided in a Separate Sealed Envelope. 2.3 Required Forms The following forms and documentation are required: Schedule A— Pre-Qualification Questionaire Schedule B —Ability to Perform Work Attachment A— Insurance Requirements Attachment B —General Guidelines Attachment C — Design Builder (Respondent) Qualifications Attachment D — Bid Price Proposal Form (in a separate sealed envelope with Submittal) Attachment E — Bid Bond Attachment F— Certification Regarding Disbarment Attachment G — Non-Collusion Affidavit Attachment H — Drug-Free Workplace Certification Form Attachment I — FDEP Requirements—American Iron and Steel Provisions 2.4 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 Respondent and include the following: a) If the Respondent 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; Page 8 of 31 b) If the Respondent 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 Respondent is an individual, including a sole proprietorship, the name of the individual should be included. 3 Evaluation and Selection 3.1 Evaluation Procedure The evaluation of Proposals will be undertaken on behalf of the City by an assigned Evaluation Team appointed and authorized by the City Manager. The Evaluation Team shall have a minimum of three (3) members. The Evaluation Team may consult with others including City staff members, third party consultants and references, as required. A written recommendation in accordance with the evaluation team's ranking will be forwarded to the City Manager upon completion of the evaluation process. The final ranking supported by the evaluation team observations and or corresponding assessments may be forwarded to the funding agency(ies) for approval if required for compliance. The evaluation process will be in accordance with the following steps: Step 1: The City will open and evaluate the Pre-Qualification Questionnaire prior to the Bid Price Opening. The Evaluation Team shall review and evaluate the Pre-Qualification Questionnaire (Schedule A). Respondents shall be considered "Pre-Qualified" if all responses are "Yes" to Questions 1 through 5, and Question 10, and all responses are "No" to Questions 6 through 9 and Question 11 on the Pre-Qualification Questionnaire. Step 2: The Evaluation Team will next review and evaluate Ability to Perform Work and Organization and Management Approach (Schedule B) and points scored accordingly to each Respondent. Ability To Perform Work and Organization and Management Approach (Schedule B) 30 points maximum Step 3: The sealed Bid Price Proposals submitted by Respondents will be opened in a public setting. The results of the pre-qualification review (Step 1) will be presented immediately before the opening of the Bid Price Proposals. The Bid Price Proposals submitted by Respondents that are not deemed qualified for this solicitation will returned unopened to the respective respondents. Bid Price Proposals will only be opened from those respondents who have been determined to be pre-qualified. The Bid Price proposals shall only be opened after prequalified respondents have been determined by the appointed Evaluation Team. The Evaluation team shall then proceed to scoring the submitted price proposals in accordance with the Evaluation Criteria below. Page 9 of 31 Bid Price Proposal(s) that are pre-qualified will be scored as follows: Price (Attachment D) 70 points (maximum) Points will be added from Step 2 and Step 3 to determine the most responsive bidder. Page 10 of 31 3.2 Evaluation Criteria The Evaluation Team will compare and evaluate all Proposals to determine the Respondent'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 Respondent's price proposal in terms of accuracy, and completeness, The bidder must comply with Davis Bacon, Title VI and all applicable local, state and federal laws as required per the FDEP grants and/or loans or any other funding agency(ies) requirements. b) DBE Preference: Each respondent design build team demonstrate compliance with minimum DBE participation goal established for this solicitation. The DBE participation for this contract is 20%. Compliance with this requirement shall be demonstrated by the inclusion of DBE certifications held by firm(s) within each respondent design build team within the RFP Response package. The bidder shall be deemed non-responsive for failure to fully comply with DBE requirements. 3.3 Negotiation of Contract and Award It is the City's intent to proceed into negotiation based on the ranking recommendation of the Evaluation Team. When the City and the FDEP approves the ranking, then the City may: (a) Enter into discussions with the Preferred Respondent(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 Highest ranked Respondent(s) will finalize the Contract(s); (b) 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 Highest ranked Respondent(s) written notice to terminate discussions, in which event the City may then either open discussions with the next highest ranked Respondent or terminate this RFP and retain or obtain the Services in some other manner. (c) Enter into a Contract with the Highest ranked Respondent that a mutually acceptable agreement can be reached; 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. Page 11 of 31 4 General Conditions 4.1 No City Obligation This RFP is not a tender and does not commit the City in any way to select a Preferred Respondent, 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. 4.2 Respondents' Expenses Respondents 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 Respondent for any claims, whether for costs, expenses, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Respondent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP. 4.3 No Contract By submitting a Proposal and participating in the process as outlined in this RFP, Respondents 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. 4.4 Conflict of Interest Respondents shall disclose any potential conflicts of interest and existing business relationships they may have with the City. If requested by the City, Respondents should provide all pertinent information regarding ownership of their company within forty-eight (48) hours of the City's request. 4.5 Cone of Silence Respondents and their agents shall not contact any member of the City Commission, the Design Criteria consultant or City staff with respect to this REP 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 Respondent that makes any such contact. All contacts and/or inquiries shall be made through the City Clerk (iflorest'a)opalockafl.gov) 4.6 Confidentiality All submissions become the property of the City and will not be returned to the Respondent. The City will hold all submissions in confidence unless otherwise required by law. Respondents 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. Page 12 of 31 5 Design & Construction Phase Submittals The purpose of this Request for Proposals is to seek the service of a qualified professional contractor to provide design-build services per local, County, State and other applicable standards, rules and laws. Design calculations and construction documents must be approved by the City CIP assigned staff before any submittal for permits. The contract awarded Respondent shall be responsible for any and all damage due to construction. Any damage caused by the Design Builder must be repaired within seven (7) to ten (10) working day at the expense of the Design Builder. The Design Builder shall make sure that all trees, shrubs and signs are protected and not damaged during construction. If damage occurs, the Design Builder will be liable for such damages. The areas of improvements will be as indicated in the work order. It is expressly agreed and understood that the Design Builder is expected to coordinate all work through the City's CIP Office. The Design Builder's timeliness and delivery of quality products shall be monitored by the City. If at any time the Design Builder is performing less than satisfactory work, the Design Builder, 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 Design Builder of their 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 liquidate damages as outlined within the Design Builder's contract with the City and/or as notified by the City's CIP Office. The City of Opa-locka reserves the right to select the Design Builder (or Respondent)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 best to enter into a Contract, as it may deem to be in the best interest of the City of Opa-locka. 6 Compliance with Applicable Laws All work shall conform to all applicable federal, state, county, and local requirements. 7 Insurance Requirements 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 Design Builder 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. 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. Page 13 of 31 The successful Design Builder, within ten days after the contract award, shall furnish the City with proof of insurance as stated in Attachment A. The City of Opa-locka shall be named as additional insured on all policies as directed in Attachment A. Should any insurance required by this contract lapse, the Design Builder 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 Design Builder shall be in breach of this contract. 8 Agreements/Exceptions Submission of a proposal indicates the Design Builder agrees to the terms, conditions and other provisions contained in the RFP, unless the Design Builder clearly and specifically presents in its proposal any exceptions to the terms, conditions, and other provisions contained in the RFP. Exceptions presented in a proposal are not to be considered incorporated into the contract between the City of Opa-locka and the selected Design Builder unless and until the City agrees to accept such exceptions. The selected Design Builder 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 Design Builder. 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. A formal contract will be negotiated after the selection of a Design Builder for the services identified in the scope of services by the City of Opa-locka. The Design Builder 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. A provision to the effect that the municipality, shall have access to any books, documents, papers and records of the Design Builder which are directly pertinent to that specific Design Builder, for the purpose of making audit, examination, excerpts and transcriptions. The City of Opa-locka shall require Design Builders 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. 9 Proposal Submittal One original plus six (6) copies for a total seven (7) of the entire bid package plus one (1) CD must be submitted to the City of Opa-locka as follows: City of Opa-locka City Clerk's Office 780 Fisherman Street, 4th Floor Opa-locka, FI-33054 Page 14 of 31 o°p.wca< o` <o V. z?\N Ii ATTACHMENT "A" — INSURANCE REQUIREMENTS RFP NO: xx-xxxxxxx There shall be no aggregate limitation to the coverage provided under any of the insurance sections stated. A. Design Builder'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 CIP Department, do Project Manager, 780 Fisherman Street, 4th Floor, 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 Design Builder 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 Design Builder shall require the sub-Design Builder 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. Design Builder's Public Liability and Property Damage Insurance: The Design Builder shall procure and maintain during the life of this contract, Design Builder'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 Design Builder's Property Damages Insurance in an amount of not less than One Million Dollars ($1,000,000.00) for each occurrence. D. Design Builder's Motor Vehicle Bodily Injury and Property Damage Insurance: The Design Builder 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 Design Builder 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. Page 15 of 31 E. Owner's and Design Builder's Protective Public Liability and Property Damage Insurance: The Design Builder shall procure and maintain, during the life of this contract, Owner's and Design Builder'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 Design Builder and sub-contractor(s) for the City of Opa-locka and a copy of an Endorsement to this effect shall be supplied for each policy involved. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS DESIGN BUILDER COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name Page 16 of 31 Op P.lock4 <G ATTACHMENT "B" -GENERAL GUIDELINES 1. The Design Builder shall be responsible for securing the services of design consultant(s) to prepare the design necessary for permits and construction. 2. The Design Builder is solely responsible for safety in all project areas. The Design Builder 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 Design Builder 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 Design Builder shall be responsible to restore the area of work to its original condition per city engineer's direction. Page 17 of 31 ovp.iocya �. Ip ti ATTACHMENT "C" — DESIGN BUILDER(RESPONDENT) QUALIFICATIONS RFP NO: xx-xxxxxxx The Bidder (or Respondent), 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 18 of 31 OPp-iOChO O `O • ATTACHMENT "D" — BID PRICE PROPOSAL FORM RFP NO: 15-0210130 The Bidder (or Respondent) 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: STORMWATER SYSTEM PROJECT: LUMP SUM PRICE: Dollars ($ ) LUMP SUM PRICE FOR ALTERNATE OPTION (IF APPLICABLE): Dollars ($ ) SANITARY SEWER SYSTEM PROJECT: LUMP SUM PRICE: Dollars ($ ) LUMP SUM PRICE FOR ALTERNATE OPTION (IF APPLICABLE): Dollars ($ ) DRINKING WATER SYSTEM PROJECT: LUMP SUM PRICE: Dollars ($ ) LUMP SUM PRICE FOR ALTERNATE OPTION (IF APPLICABLE): Dollars ($ ) Page 19 of 31 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 this RFP. 2. Communications concerning this Bid shall be addressed to: Respondent: Address: Telephone: Fax: 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. SUBMITTED THIS DAY OF 2015. BID SUBMITTED BY: Company Telephone Number Name of Person Authorized To Submit Bid Signature Email Address Title Page 20 of 31 Op. ack0 `O J !> ATTACHMENT "E" - BID BOND RFP NO: xx-xxxxxxx 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 , 2015 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 RESPONDENT 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 Page 21 of 31 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. IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this day of , 2016, 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)* By: *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 22 of 31 O p 9 U fL-T -f„ L• ATTACHMENT "F" -CERTIFICATION REGARDING DEBARMENT SUSPENSION, PROPOSED DEBARMENT AND OTHER MATTERS OFRESPONSIBILITY RFP NO: xx-xxxxxxx 1. The Bidder certifies, to the best of its knowledge and belief, that the Bidder and/or any of its Principals: A. Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency. B. Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and C. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph 1- B of this provision. 2. The Bidder has not, within a three-year period preceding this offer, had one or more contracts terminated for default by any City, State or Federal agency. A. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. B. The Bidder shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Bidder learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Bidder's responsibility. Failure of the Bidder to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Bidder non- responsive. Page 23 of 31 D. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of a Bidder is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. E. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. AS THE PERSON AUTHORIZED TO SIGN THE STATEMENT, I CERTIFY THAT THIS CONTRACTOR COMPLIES FULLY WITH THE ABOVE REQUIREMENTS. Signature Printed Name Page 24 of 31 O`p lOChO C Ui ATTACHMENT "G" - NON-COLLUSION AFFIDAVIT RFP NO: xx-xxxxxxx 1. He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the RESPONDENT that has submitted the attached proposal; 2. He/She/They is/are fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said RESPONDENT nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other RESPONDENT, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any RESPONDENT, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other RESPONDENT, or to fix any overhead, profit, or cost elements of the Proposed Price or the Proposed Price of any other RESPONDENT, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work. 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the RESPONDENT or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: By: Witness (Print Name and Title) Signature Print Name and Title Date Page 25 of 31 ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE On this the day of , 2016, before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Did take an oath, or Personal identification: Did not take an oath Type of Identification Produced Page 26 of 31 ATTACHMENT "H" - DRUG-FREE WORKPLACE CERTIFICATION FORM ° RFP NO: xx-xxxxxxx i,' 'off 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 (Name), as the 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 Page 27 of 31 O.P'lOCk9 c y� ATTACHMENT "I" - FDEP REQUIREMENTS Implementation of American Iron and Steel Provisions of P.L. 113-76, Consolidated Appropriations Act, 2014 The Consolidated Appropriations Act of 2014 (Public Law 113-76) includes an "American Iron and Steel (AIS)" requirement that requires Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) assistance recipients to use iron and steel products that are produced in the United States for projects for the construction, alteration, maintenance, or repair of a public water system or treatment works if the project is funded through an assistance agreement executed beginning January 17, 2014 (enactment of the Act). The awarded bidder must comply with AIS as the attached FDEP Supplementary conditions must be included in the plans and specifications. A commitment letter from the awarded bidder will be required to ensure that the materials shipped will comply with AIS. Please see the attachments "AIS Final Guidance" and "FDEP Supplementary Conditions" AIS-FINAL-GUIDANCE LIF AIS-final-guidance.pdf FDEP SUPPLEMENTARY CONDITIONS FDEP SupplementaryConditions.pdf Page 28 of 31