HomeMy Public PortalAbout20-9806 EAC Consulting Service to for Citywide Stormwater Master PlanSponsored by: City Manager
RESOLUTION NO. 20-9806
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH EAC CONSULTING, INC.
FOR CONTINUING PROFESSIONAL ARCHITECTURAL AND
ENGINEERING CONSULTING SERVICES TO COMPLETE PHASE II
OF THE DEVELOPMENT OF A CITYWIDE STORMWATER
MASTER PLAN AND CAPITAL IMPROVEMENT PLAN (SWMP);
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka ("City") desires to address and resolve
infrastructure deficiencies and needs throughout the City. The City intends to utilize a
City-wide Stormwater Master Plan & Capital Improvement Plan ("SWMP") to assist in
the accomplishment of this goal. The Master Plan will support a capital improvement
program that the City may adopt and use as a basis or guide for the implementation of
infrastructure needs and improvements (based on an analysis of current and projected
funding sources, such as utility revenue, bonds, and grants); and
WHEREAS, on June 10, 2020, the City Commission of the City of Opa-Locka
("Commission") accepted bid proposals from several firms for continuing professional
architectural and engineering consulting services, pursuant to RFQ No. 20-0324200. The
Commission further authorized the City Manager to enter into multiple agreements for
architectural and engineering consulting services as provided therein; and
WHEREAS, more specifically, the City Commission approved entering an
agreement with EAC Consulting, Inc. for civil engineering, landscape architectural,
structural engineering, traffic engineering, land surveying, construction testing and
inspections, utilities engineering services and general consulting engineering services;
and
WHEREAS, the City previously approved Phase I of the development of the
SWMP and entered into an agreement with EAC Consulting, Inc. for same; and
WHEREAS, pursuant to the proposal attached hereto as Exhibit "A", the City
desires to enter into an agreement with EAC Consulting, Inc., as attached hereto as
Exhibit "B", to complete Phase II of the development of a Citywide SWMP to provide a
decision -making tool that facilitates the design of improvements and management of
the stormwater infrastructure while providing the adequate level of service to residents
and properties within the City, in an amount not exceed One Hundred Eighty -Six
Resolution No. 20-9806
Thousand, Three Hundred Nine Dollars and Eighty -Six Cents ($186,309.86). The Master
Plan will be completed in two phases, this resolution will initialize Phase II; and
WHEREAS, the City Commission finds that it is in the best interest of the City
and its residents to enter into an agreement with EAC Consulting, Inc. for Continuing
Professional Architectural and Engineering Consulting Services as set forth herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission of the City of Opa-Locka hereby authorizes the City Manager to
enter into an agreement with EAC Consulting, Inc, similar to the contract form attached
as Exhibit"B" and in a form to be approved by the City Attorney, for continuing
professional architectural and engineering consulting services to complete Phase II of
the development of a Citywide Stormwater Master Plan and Capital Improvement Plan
(SWMP), in an amount not exceed One Hundred Eighty -Six Thousand, Three Hundred
Nine Dollars and Eighty -Six Cents ($186,309.86).
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall be effective immediately upon adoption hereof and approval by
the Governor of the State of Florida or Governor's designee.
PASSED and ADOPTED this 23rd day of September, 2020.
Matthew A. Pigatt, Mayor
2
Resolution No. 20-9806
ATTEST:
Kai'
oa ` a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIE
Burnadette Norris
City Attorney
F SC/. PPj
eeks, P.A.
Moved by: COMMISSIONER KELLEY
Seconded by: VICE MAYOR DAVIS
VOTE: 4-0
Commissioner Bass YES
Commissioner Burke NOT PRESENT
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
3
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
a
City
Manager:
John E. Pate
CM Signature:
( 0a
Commission
Meeting
Date:
09/23/2020
Item Type:
(EnterX in box)
Resolution
dinance
Other
X
Fiscal
Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
x
$186,309.86
Public Hearing:
(EnterXinbox)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex:
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(EnterXinbox)
Yes
No
RFP/RFQ/Bid#:
x
Strategic
Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
MI
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
x
•
El
•
Image •
f•
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Citywide Stormwater Masterplan & Capital Improvement Plan
Phase II
Staff Summary:
A Resolution from the City Commission of the City of Opa-locka, Florida, requesting approval for the City
Manager to enter into an Agreement with EAC Consulting Inc. to develop a Citywide Stormwater Masterplan
& Capital Improvement Plan (SWMP). The SWMP is intended to provide a decision -making tool that facilitates
the management of infrastructure while providing the same level of service to residents and properties within
the City. This master plan will feed into a capital improvement program to be used as a guide to implement
infrastructure needs and improvements based on an analysis of projected funding sources. The Masterplan
will be completed in two phases. This request is to continue with Phase II.
Financial Impact (FY 21)
Account
Description
Available
Project
Remaining
Balance
43-538312
Other Professional Services
$300,000.00
$186,309.86
$113,690.14
Proposed Action:
Staff recommends approval of this resolution as EAC Consulting, Inc was one of the selected engineering firms
resulted from the RFQ 20-0324200.
Attachment:
1. Agenda
2. Proposal from EAC Consulting Inc
3. Contract Agreement between the City and EAC Consulting for Professional Services
Argil OP'
EAC Consulting, Inc.
August 25, 2020
Mr. Airia Austin, Public Works Director
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Re: Citywide Stormwater Master Plan & Capital Improvements Plan
EAC Project No. 20022.WR01-01
Dear Mr. Austin,
Pursuant to the City's request, EAC Consulting Inc. is pleased to submit the following scope and fees to
provide Engineering Consulting Services for the development of the City of Opa-locka's Citywide
Stormwater Master Plan (SWMP) Implementation Plan.
Our services on this project will be supported by our subconsultant
• Aluces Corporation. — Stormwater H&H Technical Support Services
Brief Background
In 2014, the City prepared and submitted a limited desktop Stormwater Planning documentation report to
the State of Florida Department of Environmental Protection (FDEP) in support of its application to secure
funding under the state's Clean Water State Revolving Fund (CWSRF) program. The CWSRF program
provides low -interest loans for planning, designing, and construction of water pollution control facilities.
The City's intent was to utilize the funding to address and resolve infrastructure deficiencies and needs
city-wide that have resulted in prolonged flooding and unsanitary environmental conditions.
The City has requested EAC to prepare a citywide stormwater Master Plan to provide a decision -making
tool that facilitates the design of improvements and management of the stormwater infrastructure while
providing the adequate level of service to residents and properties within the City. The SWMP will feed
into a Capital Improvement Program (CIP) that the City may adopt and use as a basis or guide to implement
infrastructure needs and improvements.
Please find enclosed the following attachments to this correspondence:
Attachment 1 Project Scope of Services
Attachment 2 Fee Proposal Tabulation
The following information will be required for us to commence engineering services.
Written authorization to proceed with services.
Please feel free to call me at 305-265-5400 or Donna Grace, P.E. at 954 646-4943 with any questions you
may have.
Sincerely,
EAC Con Itin
Adeife, P.E.
Senior Vice President
cc: File, Donna Grace, P.E.
5959 BLUE LAGOON DRIVE • SUITE 410 • MIAMI, FL 33126 • 305.265.5400
eacconsult.com
ATTACHMENT 1
SCOPE OF SERVICES
Page 1 of 2
STATEMENT OF WORK (SOW)
CITY OF OPA LOCKA
STORMWATER MASTER PLAN (SWMP)
1.0 INTRODUCTION / BACKGROUND
The great city of Opa-Iocka ("the City") was incorporated in 1926 and is located within the northwestern
area of Miami Dade County within a geographic area of 4.2 square miles. The city has a mixture of
residential, commercial and industrial zones, in addition to a general aviation airport. The city continues
to witness a growth in population it is anticipated that with the development and redevelopment initiatives
the city has embraced, there will be significant growth within the next ten to twenty-year time frame. It is
therefore prevalent on the city to ensure that its infrastructure meets the current and projected needs
whilst maintaining compliance with applicable jurisdictional standards and requirements.
In 2014, the City prepared and submitted a limited desk top Stormwater Planning documentation report
to the State of Florida Department of Environmental Protection (FDEP) in support of its application to
secure funding under the state's Clean Water State Revolving Fund (CWSRF) program. The Clean Water
State Revolving Fund (CWSRF) program provides low -interest loans for planning, designing, and
constructing water pollution control facilities. The City's intent was to utilize the funding to address and
resolve infrastructure deficiencies and needs city-wide that have resulted in prolonged flooding and
unsanitary environmental conditions.
The desktop planning report concluded by recommending three levels of improvement alternatives as
follows:
1. Alternative 1 — No Capital Improvements / Maintenance Plan: This alternative comprised of
implementing an aggressive maintenance plan of the city's limited stormwater drainage system
involving activities related to routine clean-up of the existing system, de -silting of the existing
infrastructure, and sealing of damaged structures and piping
2. Alternative 2 — Closed System: This alternative comprised of constructing a closed system of
exfiltration trenches sized to handle the 10 -year storm event. The city will still require
implementing a maintenance program (in Altemative 1) as well as a public awareness outreach
effort to educate city residents as to how to keep the implemented drainage and storm water
management systems debris and contaminant free.
3. Alternative 3 — Interconnected System with Outfalls: This alternative comprised of planning,
design and construction activities needed to implement an interconnected system of exfiltration
trenches sized to handle the 10 -year storm event with a downstream overflow connection to one
of several outlets to the city's system of canals and waterbodies.
Unlike coastal municipalities the fluctuating sea levels do not directly affect the boundary conditions of
stormwater drainage systems connected to the cities canals and waterways. This is a beneficial
opportunity that the city can utilize to positively impact on flood control within the city limits. The city's
persistent and perennial flooding is a concern of residents.
With our knowledge of the city and the chronology and history associated with previous efforts undertaken
by the city, our team will implement a Citywide Stormwater Master -Plan (SWMP) project approach
methodology that evaluates the city's existing infrastructure system in an unlimited manner and proposes
measures and systems that may serve to protect the City. These measures will protect residents and
EAC Consulting, Inc 1 City of Opa Locka
SOW — Stormwater Master Plan
businesses from property damage and quality of life disruptions that are associated with excessive
flooding and prolonged staging of storm water runoff on roadways and private parcels.
The SWMP is intended to provide the City with a decision -making tool that facilitates the management of
infrastructure while providing the adequate level of service to residents and properties within the City.
The SWMP will feed into in a Capital Improvement Program (CIP) that the City may adopt and use as a
basis or guide to implement infrastructure needs and improvements based on an analysis of current and
projected funding sources (such as Utility Revenues, Bonds and Grants, etc).
The development of the City's SWMP ("the project)" requires completing the following tasks:
Task 1 — Project Coordination / Progress Meetings and Workshops
EAC will attend and participate at the following meetings with the City and will have applicable sub
consultant representation.
1. Project Kick-off meeting (1 Meeting)
2. Bi-weekly Progress Meetings (12 Meetings (6 Months Project Duration) — Attendance by EAC
Project Lead and one other project team member.
3. Quarterly Community Outreach Workshops (2 Meetings) — includes the preparation for
presentation at meeting including graphics and handouts and summary notes. Specifically, EAC
shall perform the following:
a) Work with the City staff to prepare for the meeting including review of materials and
content for presentation.
b) Perform informational outreach and notification to residents and stakeholders.
c) Record the proceedings at the Outreach workshop and document for posting on City's
website.
d) Coordinate with City's Information Technology Department for posting project
information and records.
Task 2 - Data Collection and Evaluation
EAC will request and obtain all current and pertinent information and available records from the City's
repository. EAC shall also collect and compile data pertinent data from other sources including Digital
Terrain Models (DTM), latest bare -earth LIDAR data and any available GIS shape files from the City
and Miami -Dade County. EAC shall also investigate and undertake any discovery research efforts to
determine if there are any available applicable stormwater infrastructure database files from regulatory
agencies in the USACE, FDEP, and SFWMD and Miami Dade DERM.
EAC will attend up to one (1) meeting with the Miami -Dade County Department of Regulatory and
Economic Resources (DRER - formerly DERM) to collect readily available information for the C-7 and
C-8 Basins that encompass the City limits. This data will be collected for review purposes only. It is
anticipated that the following information will be collected from DRER, however due to the current
status of ongoing work with regards to the revisions and updates to the County Master Plans, these
may not be available for public distribution:
1. Miami Dade County C-7 and C-8 Basin Master plan report volumes in Microsoft Word and PDF
2. Digital Terrain Models (DTM)
3. Latest bare -earth LIDAR data for all sections within the City
4. Latest aerial images for all sections within the City,
5. XP-SWMM model and binary results files for following simulation scenarios:
a. CalibratedNerified models for:
i. Existing conditions (5-, 10-, 25-, 50- and 100 -year design storm events)
ii. Future conditions without control measures (5-, 10-, 25-, 50- and 100 -year
design storm events)
EAC Consulting, Inc 2 City of Opa Locke
SOW — Stormwater Master Plan
iii. Future conditions with control measures (5-, 10-, 25-, 50- and 100 -year design
storm events)
6. XP-SWMM model node -link schematic background files
7. Pertinent GIS data/Coverages
8. Historical and Current Flood Complaint Data
9. Current DRER Planning Criteria and Procedures
In addition, EAC shall seek to obtain other pertinent related data from other sources. Potential data
sources include:
1. South Florida Water Management District (SFWMD) DBHYDRO data which may include
hydrologic, meteorological, and hydro geologic data.
2. United States Geological Survey (USGS) Groundwater Level Data
3. Natural Resources Conservation Service (NRCS) Geospatial Data
4. Federal Emergency Management Agency (FEMA) Flood Insurance Maps and Data
Furthermore, EAC shall coordinate with the City to obtain the following information:
1. Available Drainage Atlases in hard copy & GIS format
2. Current and future land use maps in hard copy & GIS format
3. Location and dimensions of existing control and outfall structures
4. Percolation test data
5. Building finish floor elevations if available in georeferenced digital format
6. Current operations and maintenance procedures and costs
7. Citizen flood/stormwater drainage complaints or observations
8. Any available and pertinent GIS data/coverages that will support the development of the
SWMP
9. City-wide repetitive loss database or documentation
To supplement these data, field data gathering efforts such as topography surveying, aerial surveying
and infrastructure condition assessments such as CCTV shall be requested from the City, when
necessary. Additional information d such as canal cross -sections, pipe sizes, culvert sizes, culvert
inverts, outfall sizes, outfall inverts, conveyance trunk line sizes and conveyance trunk line inverts, etc.
may be needed to get a better handle on existing infrastructure conditions. Furthermore, there may
also be a need to verify infrastructure that related to water and sewer utilities that includes sizes,
material of construction and connection points.
Note: This SOW does not include this task, as determination can only be made after receipt of all
identified data listed in the data gathering task.
Once the data has been collected are and compiled, EAC shall evaluate and separate the applicable
data applicable and needed to perform the necessary prepare the hydraulic & hydrologic analyses. As
part of the data collection activity, EAC shall perform a total of seven (7) one -day field reconnaissance
site visits within the watershed to clarify, document and supplement data that was collected and to
familiarize our team with site conditions.
Site visits shall be performed by up to three (3) EAC staff members. It is anticipated that a City staff
member will be available to attend these site visits to facilitate access to property or drainage
infrastructure, as needed.
EAC shall document our findings in Technical Memorandum/Report titled Task 2 — Data Collection
and Evaluation. This Technical Memorandum/Report will summarize the results of this Task activity
and will contain information related to project coordination activities, type and level of information
EAC Consulting, Inc 3 City of Opa Locka
SOW — Stormwater Master Plan
received and applicability of the information to the next activity task. One (1) digital copy, via FTP file
transfer in PDF format, of the Technical Memorandum will be provided for the City's review. Upon
receipt of the City's written review comments, one (1) digital copy, via FTP file transfer in PDF format,
and three (3) final copies of the finalized Technical Memorandum shall be provided to the City.
Task 3 — Development of Analyses Criteria
EAC shall define stormwater management analyses criteria that will provide the framework to perform
the remaining tasks for this project. Below is a list of criteria that will be developed and submitted
presented to the City for review, comment and concurrence:
1. City's stormwater infrastructure performance and operational level of service standards
2. Node -link schematic guidelines
3. Selected H&H model development approach
4. Selected H&H validation approach
5. Problem Area Ranking Approach
6. Stormwater flood protection best management practices to be considered
7. Corrective action/project ranking approach
8. City budget and altemative funding sources
EAC will attend up to one (1) meeting with the City to present the proposed analyses criteria. The
criteria to be used as part of the project will be agreed to at this meeting and will be documented in
the Stormwater Management System - Problem Areas, Ranking and Corrective Actions Report to be
prepared as part of Task 5.
Task 4 — Hydrologic and Hydraulic (H&H) Analyses & Calibration (Existing Conditions)
4.1 H&H Model Software Selection
EAC in consultation with the City shall review and assess the viability of a selection of software and
H&H analyses platforms for use in developing the City's SWMP. EAC shall prepare a model selection
matrix highlighting the benefits, capabilities and constraints of each software platform. EAC shall
coordinate with regulatory agencies as needed to ensure acceptance of selected platform for
compatibility with future Countywide updates and initiatives.
4.2 Sub -basins Delineation
The City's "watershed area" shall be defined for analyses purposes by compiling the collected data
and assembling in a format acceptable for hydraulic modeling purposes. EAC shall evaluate the
surface drainage patterns using the County DTM and the existing stormwater systems to understand
hydraulic and hydrologic patterns. Basins and sub- basins shall be delineated according to topography
and location or presence of outfalls drainage systems.
EAC shall use the available data collected and the DTM to be obtained from DRER to delineate sub -
basins within the City. The sub -basins will be delineated electronically following criteria defined in
Task 2. In establishing sub -basins, prior sub -basin delineation activities for the City, FEMA flood areas,
natural barriers, and other physical features shall be used in defining the sub -basin areas. For
4.3 Primary Drainage System Node -Link Connectivity
EAC shall use the available stormwater infrastructure data available for the City and the available
infrastructure information from the C-7 and C-8 Basin (if available) to establish the primary drainage
system node -link schematic for the City. It is assumed that the node -link schematic will represent
only the primary drainage systems connecting one sub -basin to another and will not include
secondary and local drainage systems. At a minimum, there will be one link between sub -basins that
are interconnected by gravity drainage systems or overland flow links for adjacent sub -basins as
EAC Consulting, Inc 4 City of Opa Locka
SOW — Stormwater Master Plan
needed. The node -link connectivity will also define boundary conditions, where applicable, where
there are inflows and outflows to and from the City's stormwater management systems.
EAC shall attend up to one (1) coordination meetings with City staff to present the proposed sub -basin
delineations and node -link connectivity for the hydrologic/hydraulic (H/H) model development and
obtain input from the City.
4.4 Existing Conditions Hydrologic/Hydraulic (H&H) Model
EAC shall develop an existing conditions H&H model for the City limits using the sub -basin
delineations and node -link schematic approved by the City. If exfiltration trenches are included in the
model, then the exfiltration trenches will be simulated as rating curves and operating tables. The
hydrology for each sub -basin will be developed based on the Soil Conservation Services (SCS)
methodology. The initial and boundary conditions for the H&H model shall be extracted from the Miami -
Dade County DRER XP-SWMM models developed for the C 7 and C-8 Basins, if available. The City's
H&H model shall be developed relative to the National Geodetic Vertical Datum of 1929 (NGVD29).
Once the existing conditions H&H model is representative, EAC shall prepare production runs for the
City for the following design storm events.
1. 5 -year, 1 -day
2. 10 -year, 1 -day
3. 10 -year, 3 -day
4. 25 -year, 3 -day
5. 100 -year, 3 -day
4.5 Floodglain Mapping
EAC will use these modeling results to develop raster flood maps defining the flood limits and depth
of flooding for these design storm events to establish the existing condition flood zones for the City.
The results of the modeling approach and analyses of the existing conditions will be documented in
the Stormwater Management System - Problem Areas, Ranking and Corrective Actions Report to be
prepared as part of Task 5.
Task 5 — Prioritization and Ranking of Problem Areas and Corrective Actions (Projected 10
Year Future Scenario)
Task 5.1 Identification and Ranking of Problem Areas/Conditions Assessment
EAC shall use the results of the existing conditions modeling to identify and rank existing stormwater
management problem areas within the City, using the problem area ranking approach to be developed
as part of Task 2. In general, DRER has established procedures and criteria, as part of their
Stormwater Management Master Planning activities, to identify problem areas, rank problem areas
and establish flood protection level of service using the modeling results for the 5-, 10-, 25-, 50- and
100 -year design storm events. These procedures and criteria are documented in Part I, Volume 3,
"Stormwater Planning Procedures," from DRER Publications archive. EAC shall work closely with the
City to modify these criteria and procedures slightly, to develop a simplified ranking approach to
account for only the results associated with the 5- and 100 -year design storm events and other key
considerations applicable to the City.
EAC shall identify and rank problem areas for City sub -basins using the results of representative H&H
model developed under Task 4 and the "revised" problem area identification and ranking procedures.
These procedures shall also be used to establish the flood protection level of service for the City's
sub -basins. EAC will compare the problem area ranking with known flooding areas documented by
the City and shall revise the ranking as needed.
EAC Consulting, Inc 5 City of Opa Locka
SOW — Stormwater Master Plan
Task 5.2 Corrective Action Formulation and Prioritization
EAC shall work closely with the City to establish a procedure for identifying future projects based on
anticipated stormwater budgetary allocations to address flooding in the City for the most critical sub -
basins identified in previous task. This procedure will be based on depth of flooding obtained in a
previous task. The corrective actions will be developed from the stormwater flood protection best
management practices defined as part of Task 2. Project components (exfiltration trenches, new
outfalls, underground storage basins, etc.) will be identified based on the volume of excess stormwater
to be mitigated from each sub -basin using a procedure dependent on a volumetric extraction (via rating
curves) of runoff by stormwater management systems, when applicable.
These project components will be incorporated in the model and the model will be executed to
determine the flood reduction benefits of these projects for the 5-, 10-, 25- and 100 -year design storm
events although improvements will target improvement in conditions under the 5- and 10 -year events.
Once the stormwater improvement projects are identified to address the top 30 ranking sub -basins or
collection of basins, EAC shall conceptually present the proposed improvements as schematic
drawings on aerial maps by ranked problem area.
Deliverable
EAC shall prepare Technical Memorandum: Stormwater Management System - Problem Areas,
Ranking and Corrective Actions Report summarizing the work activities associated with this and the
previous tasks. The deliverable shall include a network diagram from each model, supporting
documents along with necessary calculations included for the input file, the level of service determined
based on the modeling efforts, pipe sizing, aerial maps identifying flooding areas per the modeling
analysis, drainage basin map, NRCS used for hydrogeology and soil storage calculations per SFWMD
supporting the input file and stormwater model output file. One (1) digital copy, via FTP file transfer in
Word format, of the memorandum will be submitted to EAC for review prior to submittal to the City for
their review. Before this technical memorandum is finalized, all stormwater models shall be approved
by the City.
Task 6 — Capital Improvement Plan (CIP) to Address Problem Areas
EAC will develop a ten-year capital improvement plan starting with a five-year infrastructure
improvement plan and then followed with the remaining five-year vision. It is envisioned that in the
future the City shall adhere to federal, state and local jurisdictional guidelines and update its
Stormwater Management Master Plan (SWMP) to maintain or improve its Federal Emergency
Management Agency (FEMA) National Flood Insurance Program (NFIP) Community Rating System
(CRS) rating, which provides the City residents with significant flood insurance cost savings on their
coverage premiums.
The CIP shall include projects in a prioritized order that allows for the most relevant to occur earliest.
Cost/benefit ratio analyses shall serve as the basis for the priority ranking. EAC shall prepare
conceptual cost estimates for engineering, construction, contingency, O&M costs and time phasing
requirements. The City's existing funding and future programming will be reviewed in concert with
potential projects and a reasonable funding program shall be considered as recommendations are
developed.
Task 7 — Stormwater Management Master Plan (SWMP) Report
EAC shall compile project coordination activities and Technical Memorandums into a single
Stormwater Master Plan Report to be adopted by the City Commission. The report shall outline the
steps and procedures undertaken, key findings, analyses and modeling assumptions & constraints,
capital project needs and overall recommendations to be considered by the City towards
accomplishing its objective of attaining a level of service that provides its residents with flood protection
and effective stormwater management policies / practices.
EAC Consulting, Inc 6 City of Opa Locka
SOW — Stormwater Master Plan
One (1) digital copy, via FTP file transfer in PDF format, of the DRAFT Stormwater Management
Master Plan (SWMP) Report shall be provided for the City's review. Upon receipt of the City's written
review comments, one (1) digital copy, via FTP file transfer in PDF format, and three (3) final copies
of the finalized Stormwater Management Master Plan (SWMP) Report will be provided to the City
as a final deliverable.
Once the SWMP is adopted and approved by the City commission, the City shall be able to apply for
a CRS classification and/or adjustment.
(Note: This SWMP SOW does not include services to complete NFIP documentation and forms
for CRS classification or rating adjustment.)
EAC Consulting, Inc 7 City of Opa Locka
SOW — Stormwater Master Plan
ATTACHMENT 2
FEE PROPOSAL TABULATION
Page 2 of 2
City of Opa-Iocka
Professional Ge neral Engineering Ser vic es Agreeme nt
Project N umb er: 20022.WR01-01
-
Date:
8/25/2020
Project Nam e
St affh our Estim ate and Fee Computation Summary
Consultant Name
Staff Cat egory/Classification
Contract
Principal
$325 .00
Proj ect
Man ager
$250.00
QA/Q C
Engineer
$275.00
Alt
EAC
Se ni or
Engineer
$215.00
Staff
C onsulti ng,
Pr oject
Engineer
$165.00
Hours Distribdion
Inc
Design
Engineer
$135.00
CADD
Technician
$115.00
GIS
Sp eci alist
$150.00
Admin
$75.00
S eni or
Engine er
$165.00
Aluces Corp oration, Inc
Design
Engineer -,
$130.00
Employee Billing Rates
TOT ALS
Task No. & Description
1A
Project Coordination / Progress Meetings and
Works ho ps (Phase 1)
4
16
12
8
40
$9,200.00
1B
Project Coordin ation / Progress Meetings and
Wo rkshops (Phase 2)
4
52
30
16
102
$23,390 .00
2A
Da ta Co llection and Evaluation (Phase 1)
4
12
30
40
16
2
4
108
$20,600 .00
2B
Data Collection and Ev aluation (Phase 2)
4
12
16
$2,980 .00
3A
Development of Analyses Criteria (Phase 1)
4
8
22
4
6
8
52
$10,460 .00
3B
Development of Analyses Criteria (Phase 2)
4
8
18
8
38
$8,490.00
4
Hydro lo gic and Hydraulic (H&H) An alyses & Calibration
(Existing Conditions) (Phase 1)
8
16
8
64
40
16
70
112
334
$57,670.00
5
Prioritization and Ranking of Problem Areas and
Corrective Actions (Projected 5-10 Year Future
Scena rio)
8
24
12
80
132
40
64
80
16
456
$78,280.00
6
Capital Impro vement Plan (CIP) to A ddre ss Problem
Areas
12
24
16
40
12
8
16
128
$28,120.00
7
Stormwater Man agement Master Plan (SWM P) Report
12
40
16
54
16
8
40
186
$39,750.00
60
204
52
350
288
40
64
112
22
152
116
Tot als
1460
$278,940 .00
Reimb ursables / Other Subc onsultant Services
Misc elleneous Reimbursables (Phase 1)
$1,673.64
Miscellene ous Reimbursables (Phase 2)
$5,299.86
Total (Ph ase 1)
$99,603.64
T otal (Phase 2)
$186,309 .86
Grand Tot al
$285,913.50
CONTINUING SERVICES AGREEMENT
For
MISCELLEANOUS PROFESSIONAL CONSULTING SERVICES
Between
CITY OF OPA-LOCKA
And
EAC CONSULTING, INC
THIS AGREEMENT, is made effective on the last date of execution herein,
between the CITY OF OPA-LOCKA, FLORIDA, a Florida municipal corporation (the
"CITY") whose place of business is 780 Fisherman Street, Opa-Locka, Florida 33054,
and EAC CONSULTING, INC, a Florida Corporation, (the "CONSULTANT"), whose
principal place of business is 5959 Blue Lagoon Drive, Suite 410. Miami, FL 33126.
WHEREAS, the City advertised RFQ No. 20-0324200, Miscellaneous
Professional Consulting Services to establish a library of qualified Consultants to perform
professional services for Specific Projects (the "Specific Projects") for the City on an as
needed basis; and
WHEREAS, pursuant to the evaluation, scoring and ranking procedures set forth
in the RFQ, CONSULTANT was determined to be a qualified firm for the categories of
Consultants' Competitive Negotiation Act ("CCNA") services; and
WHEREAS, the Consultant is willing and able to perform such professional
services for the City within the basic terms and conditions set forth in this Agreement (the
"Agreement"); and
WHEREAS, the purpose of this Agreement is not to authorize a Specific Project,
but to set forth certain terms and conditions that shall be incorporated into subsequent
supplemental agreements for Specific Projects, when required.
NOW THEREFORE, in consideration of the mutual terms, conditions, promises
and covenants set forth below, the City and Consultant agree as follows:
SECTION 1. DEFINITIONS
The following definitions and references are given for the purpose of interpreting
the terms as used in this Agreement and apply unless the context indicates a different
meaning.
1.1 Lump Sum: a method of payment to the Consultant for a fixed sum amount
that constitutes total compensation to the Consultant for the performance by the
Consultant of a Specific Project. Said fixed sum includes but is not limited to,
compensation for all fees, expenses and out-of-pocket costs of the Consultant.
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1.2 Reimbursable Direct Expenses or Reimbursables: the non -salary
expenses directly attributable to the Project, including without limitation long-distance
communications; application and permit fees paid for securing approval of authorities
having jurisdiction over the Specific Project; actual cost of reproduction, printing, binding
and photocopying of drawings, specifications, renderings and other documents; postage;
travel expenses; and Subconsultant fees.
1.3 Specific Project Agreement or Project Agreement: an agreement to
provide services for a particular Project.
1.4 Subconsultant Fee: the direct and actual cost of the Subconsultant with no
markup, as reflected by actual invoices of the Subconsultant.
1.5 Travel Expenses: actual mileage, meals and lodging expenses incurred
directly for the Specific Project for travel outside of Miami -Dade County will not be
reimbursed. No overnight travel or out-of-town travel outside of Miami -Dade County
shall be reimbursed unless the Consultant has secured advance written authorization for
such travel from the City Commission. Reimbursement for such authorized travel
expenses shall be at the rates provided for in Chapter 112, Florida Statutes, as may be
amended from time to time, which rates shall by reference be made a part of this
Agreement as though set forth in full.
SECTION 2. SPECIFIC PROJECTS/SCOPE OF SERVICES
2.1 Upon request of the City, Consultant shall provide services for the Project
pursuant to the Scope of Services set forth in Exhibit "A", Consultant's Proposal,
attached hereto.
2.2 When the need for services for a specific project occurs, the CITY may, in
its sole discretion, conduct competitive solicitation procedures among the members of
the relevant prequalified library and award the project to the most qualified firm and
whose specific proposal is in the best interest of the City, and who is available, willing
and able to provide services for that specific project under the terms and conditions of
this Agreement and the negotiated task order or other agreement related to the specific
project, and for a price determined by the City to be fair and reasonable. If
CONSULTANT is awarded a specific project, CITY shall provide CONSULTANT with
written authorization to proceed. CONSULTANT shall complete the requested services in
a diligent, expeditious and professional manner.
2.3 The agreement for each Specific Project (the "Project Agreement") shall set
forth, among other things, the following:
2.3.1 The Scope of Services;
2.3.2 The deliverables;
2.3.3 The time and schedule of performance, any applicable penalty for
failure to timely perform, and term;
2.3.4 The amount and schedule of payment of compensation;
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2.3.5 The personnel assigned to the Specific Project; and
2.3.6. Any other details necessary to accomplish the Specific Project.
2.4 The professional Services to be rendered by the Consultant shall
commence subsequent to the execution of each Project Agreement. The City Manager
is authorized to negotiate and execute such Project Agreements to the extent authorized
by the City Code. The Consultant's services shall be performed, completed and
submitted to the City as specified in this Agreement and in the Project Agreement.
2.5 The Contract Documents for each Specific Project shall incorporate this
Agreement. Unless otherwise agreed to in writing, in the event that any of the terms or
conditions of this Agreement conflict with the Project Agreement, the provisions of the
Project Agreement shall apply.
2.6 In the event the City and the Consultant are unable to reach a satisfactory
Specific Project Agreement or the City determines that the best interests of the City
would be served by procuring services for a Specific Project from another Consultant,
then the City may, in its sole discretion, terminate negotiations with the Consultant for the
Specific Project.
SECTION 3. TERM AND TERMINATION
3.1 The term of this Agreement shall be for a period of three (3) years,
commencing on the last date of execution herein, with two successive City options to
renew for additional one year terms, unless terminated earlier pursuant to Section 4 of
this Agreement. The Chief Procurement Officer may authorize up to a 90 day extension
of this Agreement in accordance with its terms and conditions, and the City Manager or
his/her designee is authorized to extend this Agreement, for operational purposes only,
for a maximum of 180 days.
3.2 TERMINATION — For Convenience - This Agreement may be terminated
by the City for convenience upon 30 calendar days' written notice to the Consultant. In
the event of such termination, any services performed by the Consultant under this
Agreement shall, at the option of the City, become the City's property and the Consultant
shall be entitled to receive compensation for any Work completed pursuant to this
Agreement to the satisfaction of the City, up through the date of termination. Under no
circumstances shall City make payment of profit for services that have not been
performed.
3.3 TERMINATION - For Cause - This Agreement may be terminated by either
party upon five calendar days' written notice to the other should such other party fail to
perform in accordance with its material terms through no fault of the party initiating the
termination. In the event the Consultant abandons this Agreement or causes it to be
terminated by the City, the Consultant shall indemnify and save the City harmless
against loss pertaining to this termination. In the event that the Consultant is terminated
by the City for cause and it is subsequently determined by a court of competent
jurisdiction that such termination was without cause, such termination shall thereupon be
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deemed a termination for convenience under Section 3.2 and the provisions of Section
3.2 shall apply.
3.4 EFFECT ON PROJECT AGREEMENT - Nothing in this section shall be
construed to create a right by either party to terminate any ongoing Project
Agreement(s). Termination of a Project Agreement shall be exclusively through the
termination provisions of the specific Project Agreement or as provided by law.
SECTION 4. DEFAULT
4.1 An event of default shall mean a breach of this Agreement by the
Consultant. Without limiting the generality of the foregoing and in addition to those
instances referred to as a breach herein, an event of default shall include the following:
4.1.1 Consultant has not performed services in a timely manner;
4.1.2 Consultant has refused or failed to supply sufficient properly skilled
staff personnel;
4.1.3 Consultant has failed to make prompt payment to Subcontractors or
suppliers for any services;
4.1.4 Consultant has become insolvent or has assigned the proceeds
received for the benefit of the Consultant's creditors, or the
Consultant has taken advantage of any insolvency statute or
debtor/creditor law or the Consultant's affairs have been put in the
hands of a receiver;
4.1.5 Consultant has failed to obtain the approval of the City where
required by this Agreement;
4.1.6 Consultant has failed in the representation of any warranties;
4.1.7 Consultant has refused or failed to provide the services as defined in
this Agreement.
4.2 In the event Consultant fails to comply with the provisions of this
Agreement, the City may declare the Consultant in default, notify the Consultant in
writing, and give the Consultant a reasonable time to cure the default. In no event shall
the time period for curing the defect exceed 15 business days unless otherwise agreed
to by the parties. In the event payment has been made for services or any work not
completed, the Consultant shall return these sums to the City within 10 days after notice
that these sums are due. Nothing in this Article shall limit the City's right to terminate, at
any time, pursuant to the provisions of this Agreement.
4.3 In an Event of Default, the Consultant shall be liable for all damages
resulting from the default, including but not limited to:
4.3.1 Lost funding, and
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4.3.2 All costs associated with procuring alternate services, including
without limitation, for the Services and additional amounts expended by the City,
including procurement and administrative costs.
4.4 The City may take advantage of each and every remedy specifically
existing at law or in equity. Each and every remedy shall be in addition to every other
remedy specifically given or otherwise existing and may be exercised from time to time
as often and in such order as may be deemed expedient by the City. The exercise or the
beginning of the exercise of one remedy shall not be deemed to be a waiver of the right
to exercise any other remedy. The City's rights and remedies as set forth in this
Agreement are not exclusive and are in addition to any other rights and remedies
available to the City in law or in equity.
SECTION 5. ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES
5.1 Changes Permitted. Changes in the Scope of Services of a Project
Agreement, consisting of additions, deletions, revisions, or any combination thereof, may
be ordered by the City by directive, without invalidating the Project Agreement. The
Consultant shall comply with the directive. The terms of the resulting Change Order
shall be based upon rates provided in the Consultant's Proposal for the Specific Project,
or at actual cost.
5.2 Change Order Defined. Change Order shall mean a document, which is
signed by the Consultant and the City and authorizes an adjustment in the work,
contract price or contract time. Change Orders shall be approved by the City
Commission.
5.3 Effect of Executed Change Order. The execution of a Change Order by
the City and the Consultant shall constitute conclusive evidence of the Consultant's
agreement to the ordered changes in the Scope of Services, the compensation to be
paid to Consultant and the required time for performance. The Consultant, by executing
the Change Order, waives and forever releases any claim against the City for additional
time or compensation (including additional overhead) for matters relating to or arising out
of or resulting from the services included within or affected by the executed Change
Order. The Consultant agrees that no claim for delay damages shall be asserted against
the City and hereby waives the right to assert any such claim.
SECTION 6. CITY'S RESPONSIBILITIES
The City shall:
6.1 Provide Consultant with all available information as may be requested in
writing by the Consultant and allow reasonable access to all pertinent information
relating to the services to be performed by Consultant.
6.2 Furnish to Consultant, at the Consultant's request, existing studies, reports
and other available data pertinent to the services to be provided by Consultant.
6.3 Provide Consultant access to City property as required for Consultant to
perform services.
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SECTION 7. CODE OF ETHICS
Not Used
SECTION 8. POLICY OF NON-DISCRIMINATION
The Consultant shall comply with all federal, state and local laws, ordinances,
rules and regulations applicable to the Specific Project and shall not engage in or commit
any discriminatory practice against any person based on race, age, religion, color,
gender, sexual orientation, national origin, marital status, physical or mental disability,
political affiliation or any other factor which cannot be lawfully used as a basis for service
delivery in the performance of Work under this Agreement or a Project Agreement.
SECTION 9. OWNERSHIP OF DOCUMENTS/DELIVERABLES
9.1 All finished or unfinished documents, including but not limited to detailed
reports, studies, plans, drawings, surveys, maps, models, photographs, specifications,
and all other data prepared for the City or furnished by Consultant pursuant to any
Project Agreement shall become the property of the City, whether the Specific Project for
which they are made is completed or not, and shall be delivered by Consultant to City
within 10 calendar days after receipt of written notice requesting delivery of said
documents. In no event shall the Consultant use or permit to be used any of the
documents without the City's prior written authorization. Any reuse of such documents
by the Consultant without the written consent of the City for the specific purpose
intended will be at the Consultant's sole risk and is not authorized by the City.
9.2 All subcontracts for the preparation of reports, studies, plans, drawings,
specifications or other data entered into by the Consultant for a Specific Project shall
provide that all such documents and rights obtained by virtue of such contracts shall
become the property of the City.
SECTION 10. RECORDS/AUDITS
10.1 Consultant shall maintain and require Subconsultants to maintain complete
and accurate records, books, documents, papers and accounts pertaining to Work
performed in connection with this Agreement. Such records, books, documents, papers
and accounts shall be available at all reasonable times for examination and audit by City
or any authorized City representative with reasonable notice and shall be kept for a
period of three years after the completion of each Specific Project performed pursuant to
this Agreement. Incomplete or inaccurate entries in such records, books, documents,
papers or accounts will be grounds for disallowance by or reimbursement to the City of
any fees or expenses based upon such entries.
10.2 Refusal of the Consultant to comply with the provisions of Section 10.1
shall be grounds for immediate termination for cause by the City of this Agreement or
any Project Agreement.
6
SECTION 11. NO CONTINGENT FEE
Consultant warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. In the event the Consultant violates this
provision, City shall have the right to terminate this Agreement or any Project
Agreement, without liability, and at its sole discretion, to deduct from the contract price,
or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
SECTION 12. INDEPENDENT CONTRACTOR
The Consultant is an independent contractor under this Agreement. Services
provided by the Consultant shall be by employees of the Consultant and subject to
supervision by the Consultant or an authorized Subcontractor, and not as officers,
employees or agents of the City. Personnel policies, tax responsibilities, social security
and health insurance, employee benefits, purchasing policies and other similar
administrative procedures applicable to services rendered under this Agreement shall be
those of the Consultant.
SECTION 13. ASSIGNMENT; AMENDMENTS
13.1 Neither this Agreement nor any interest herein shall be assigned,
transferred or otherwise encumbered, under any circumstances, by Consultant, without
the prior written consent of City, which may be withheld for any reason.
13.2 No modification, amendment or alteration in the terms or conditions of this
Agreement shall be effective unless contained in a written document executed by
authorized agents of both parties.
SECTION 14. INDEMNIFICATION/HOLD HARMLESS
14.1 The Consultant shall indemnify and hold harmless the City and its
officers and employees from liabilities, damages, losses and costs, including but
not limited to reasonable attorneys' fees, to the extent caused by the negligence,
recklessness or intentionally wrongful conduct of the Consultant and other
persons employed or utilized by the Consultant in the performance of the services
under this Agreement and any Project Agreement.
14.2 The Consultant acknowledges that specific consideration has been paid or
will be paid under this and each Project Agreement for this hold harmless and
indemnification provision, and further agrees with the foregoing provisions of indemnity
and also agrees with the collateral obligation of insuring said indemnity as set forth in
Section 15.
7
SECTION 15. INSURANCE
15.1 The Consultant shall not commence Work under this Agreement until
Consultant has obtained all insurance required under this Section and such insurance
has been approved by the Risk Manager of the City; nor shall the Consultant allow any
Subcontractor to commence Work on its sub -contract until all similar insurance as such
required of the Subcontractor has been obtained and approved. The Consultant shall
secure and maintain such insurance throughout the duration of this Agreement and any
Project Agreement.
15.2 Certificates of Insurance. Prior to the execution of this Agreement and/or
any Project Agreement, the Consultant shall provide to the City's Risk Management
Division, certificates of Insurance evidencing the required insurance coverages. The
certificates of Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and any Project Agreement and shall state that
such insurance is as required by this Agreement and any Project Agreement. The City
reserves the right to require the Consultant to provide a certified copy of such policies
upon written request by the City. If a policy is due to expire prior to the completion of the
services, renewal certificates of insurance or policies shall be furnished 30 calendar days
prior to the date of their expiration. Each policy certificate shall be endorsed with a
provision that not less than 30 calendar days' written notice shall be provided to the City
before any policy or coverage is cancelled or restricted. All policies shall be issued by
companies authorized to do business under the laws of the State of Florida. The City
shall be named as an additional insured on all insurance policies, and with a waiver of
subrogation in the City's favor. Consultant shall supply City with copies of all policies and
required endorsements.
15.3 Policyholders and Financial Ratings must be no less than "A -VII" and Class
X respectively in the latest edition of "Bests Key Rating Guide", published by A.M. Best
Guide.
15.4 Workers' Compensation and Employer's Liability Insurance. Workers'
Compensation Insurance shall be maintained during the term of this Agreement and any
Project Agreement to comply with statutory limits for all employees, if required, and in the
case any work that is sublet, the Consultant shall require the Subcontractors similarly to
provide Workers' Compensation Insurance for all the latter's employees unless such
employees are covered by the protection afforded by the Consultant. The Consultant
and his Subcontractors shall maintain during the life of this policy Employer's Liability
Insurance with minimum limits of $1,000,000.00 for each accident.
15.5 Comprehensive Automobile and Vehicle Liability Insurance. This
insurance shall be written in comprehensive form and shall protect the Consultant and
the City against claims for injuries to members of the public and/or damages to property
of others arising from the Consultant's use of motor vehicles or any other equipment and
shall cover operation with respect to onsite and offsite operations and insurance
coverage shall extend to any motor vehicles or other equipment irrespective of whether
the same is owned, non -owned, or hired. The limit of liability shall not be less than
$1,000,000.00 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive
8
than the latest edition of the Business Automobile Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office.
15.6 Commercial General Liability. This insurance shall be written in
comprehensive form and shall protect the Consultant and the City against claims arising
from injuries to members of the public or damage to property of others arising out of any
act or omission to act of the Consultant or any of its agents, employees, or
Subcontractors. The limit of liability shall not be less than $1,000,000.00 per occurrence,
combined single limit for Bodily Injury Liability and Property Damage Liability with a
$2,000,000 general aggregate.
(a) Coverage must be afforded on a form no more restrictive than the latest
edition of the Commercial General Liability Policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must include: 1)
Premises and/or Operations; 2) Independent Contractors and Products and/or
Completed Operations; 3) Broad Form Property Damage, Personal Injury and a
Contractual Liability Endorsement, including any hold harmless and/or
indemnification agreement.
(b) The City is to be specifically included as an additional insured with waiver
of subrogation in favor of the City against the liability of the City resulting from
operations performed by or on behalf of Consultant in performance of this or any
Project Agreement. Consultant's insurance, including that applicable to the City
as an additional insured, shall apply on a primary basis and any other insurance
maintained by the City shall be in excess of and shall not contribute to
Consultant's insurance. Consultant's insurance shall contain a severability of
interest provision providing that, except with respect to the total limits of liability,
the insurance shall apply to each insured or additional insured in the same
manner as if separate policies had been issued to each.
15.7 Professional Liability. The Consultant shall furnish professional liability
insurance coverage in an amount not less than $1,000,000.00 with a deductible of
$50,000.00 or less, per claim. The Consultant shall be responsible for maintaining this
professional liability insurance for a minimum of five years from the date of execution of
each Project Agreement. Upon request of the City, the Consultant shall make available
for inspection copies of any claims filed or made against the policy during the policy
term. The Consultant shall additionally notify the City, in writing, within 30 calendar days
of any claims filed or made against this policy during the policy term.
15.8 All deductibles or self -insured retentions must be declared to and be
approved by the City Manager or designee. The Consultant shall be responsible for the
payment of any deductible or self -insured retention in the event of any claim. The City
reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures related to any Project Agreement.
SECTION 16. REPRESENTATIVE OF CITY AND CONSULTANT
16.1 City Representative. The City designates the City Manager or designee,
as the person to whom all communications pertaining to the day-to-day conduct of this
Agreement shall be addressed.
9
16.2 Consultant Representative. Consultant shall inform the City
Representative, in writing, of the representative of Consultant to whom all
communications pertaining to the day-to-day action of this Agreement shall be
addressed.
SECTION 17. COSTS AND ATTORNEY'S FEES
If either the City or Consultant is required to enforce the terms of this Agreement
or any Project Agreement by court proceedings or otherwise, whether or not formal legal
action is required, the prevailing party shall be entitled to recover from the other party all
such costs and expenses, including but not limited to, costs and reasonable attorney's
fees.
SECTION 18. ALL PRIOR AGREEMENTS SUPERSEDED
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained in this
Agreement, and the parties agree that there are no commitments, agreements or
understandings conceming the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms of the
Agreement shall be predicated upon any prior representations or agreements, whether
oral or written.
SECTION 19. CONSULTANT'S RESPONSIBILITIES
19.1 The Consultant shall comply with all laws, ordinances and governmental
rules, regulations and orders now or at any time during the term of this Agreement which
are applicable to or which affect the procedures of the Consultant.
19.2 The obligation of the Consultant to comply with governmental requirements
is provided for the purpose of assuring proper safeguards for the protection of person
and property.
19.3 The Consultant shall ensure that no employee or affiliate of the
Consultant, including all Subconsultants, Subcontractors and Suppliers (if any), at
any tier, has been convicted of a public entity crime pursuant to Section 287.133,
Florida Statutes, within the preceding 36 months from the date of execution of this
Agreement.
19.4 The Consultant's obligations under Sections 14 and 19 shall survive
termination or expiration of this Agreement or any Project Agreement.
19.5 Consultant acknowledges that the public shall have access, at all
reasonable times, to certain documents and information pertaining to City contracts,
pursuant to the provisions of Chapter 119, Florida Statutes. Consultant agrees to
maintain public records in Consultant's possession or control in connection with
Consultant's performance under this Agreement and to provide the public with access to
public records in accordance with the record maintenance, production and cost
10
requirements set forth in Chapter 119, Florida Statutes, or as otherwise required by
law. Consultant shall ensure that public records that are exempt or confidential from
public records disclosure requirements are not disclosed except as authorized by law.
19.6 Unless otherwise provided by law, any and all reports, surveys, and other
data and documents provided or created in connection with this Agreement are and shall
remain the property of City. In the event of termination of this Agreement by either party,
any reports, photographs, surveys and other data and documents and public records
prepared by, or in the possession or control of Consultant, whether finished or
unfinished, shall become the property of City and shall be delivered by Consultant to the
City Manager, at no cost to the City, within seven days of termination of this Agreement.
All such records stored electronically by Consultant shall be delivered to the City in a
format that is compatible with the City's information technology systems. Upon
termination of this Agreement, Consultant shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure. Any
compensation due to Consultant shall be withheld until all documents are received as
provided herein. Consultant's failure or refusal to comply with the provisions of this
Section shall result in the immediate termination of this Agreement by the City.
SECTION 20. SUBCONSULTANTS
20.1 In the event the Consultant requires the services of any
Subconsultants/Subcontractors or other professional associates in connection with
services covered by this Agreement or any Project Agreement, the Consultant must first
secure the prior written approval of the City before acquiring subcontracted Work.
20.2 Any subcontract with a Subcontractor or Subconsultant shall afford to the
Consultant rights against the Subcontractor or Subconsultant which correspond to those
rights afforded to the City against the Consultant herein, including but not limited to those
rights of termination set forth herein.
20.3 No reimbursement or payment shall be made to the Consultant for any
Subconsultants that have not been previously approved in writing by the City for use by
the Consultant.
SECTION 21. NOTICES
Whenever either party desires to give notice to the other, it must be given by
written notice, sent by certified United States mail, with return receipt requested,
addressed to the party for whom it is intended, at the place last specified, and the place
for giving of notice in compliance with the provisions of this paragraph. For the present,
the parties designate the following as the respective places for giving of notice, to -wit:
11
FOR CONSULTANT:
EAC Consulting, Inc
FOR CITY:
City of Opa-Locka
John Pate, City Manager
780 Fisherman Street, 4th Floor
Opa-Locka, Florida 33054
With Copy to:
Burnadette Norris -Weeks, PA
Burnadette Norris -Weeks, Esq., City Attorney
401 NW 7th Avenue
Fort Lauderdale, Florida 33311
SECTION 22. TRUTH -IN -NEGOTIATION CERTIFICATE
Execution of this Agreement by Consultant shall act as the execution of a truth -in -
negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation of this Agreement or any Project Agreement are accurate, complete, and
current at the time of contracting. Compensation under any Project Agreement shall be
adjusted to exclude any sums by which the City determines the contract price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit
costs. All such adjustments shall be made within one year following the end of each
Project Agreement.
SECTION 23. DISPUTE RESOLUTION
23.1 Any dispute concerning performance of this Agreement shall be decided by
the City, who shall reduce the decision to writing and serve a copy on the Contractor.
The decision shall be final and conclusive unless within 21 Days from the date of receipt,
the Contractor files with the City a petition for administrative hearing. The City's decision
on the petition shall be final, subject to the Contractor's right to review pursuant to
Chapter 120, Florida Statutes. Exhaustion of administrative remedies is an absolute
condition precedent to the Contractor's ability to pursue any other form of dispute
resolution; provided, however, that the parties may employ the alternative dispute
resolution procedures outlined in Chapter 120.
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23.2 Without limiting the foregoing, the exclusive venue of any legal or equitable
action that arises out of or relates to this Agreement shall be the appropriate state court
in Miami -Dade County, Florida. In any such action, Florida law shall apply and the
parties waive any right to trial by jury.
SECTION 24. GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws
of the State of Florida.
SECTION 25. HEADINGS
Headings are for convenience of reference only and shall not be considered in
any interpretation of this Agreement.
SECTION 26. EXHIBITS
Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The Exhibits, if not physically attached, should be treated as part of this
Agreement, and are incorporated by reference.
SECTION 27. SEVERABILITY
If any provision of this Agreement or the application thereof to any person or
situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement and the application of such provisions to persons or situations other than
those as to which it shall have been held invalid or unenforceable, shall not be affected
thereby, and shall continue in full force and effect, and be enforced to the fullest extent
permitted by law.
SECTION 28. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same instrument.
SECTION 29. CONFLICT -OF -INTEREST
29.1 To avoid any conflicts of interest, or any appearance thereof, Consultant,
for the term of this Agreement, agrees that it will not represent any private sector
individuals or entities with regard to engineering issues within the City without first
notifying the City of the services to be performed. If, after such notification, the City
reasonably determines that a material conflict exists, Consultant will not perform such
conflicting work within the same office or organizational unit, but will clearly separate the
work efforts. Furthermore, no information will be shared between the two units in
performing such services. The conditions and requirements of this paragraph will also
apply to any Subcontractors utilized by the Consultant in completion of the services
under any Project Agreement.
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29.2 Furthermore, Consultant covenants that no person under its employ who
exercises any functions or responsibilities on behalf of the City, in connection with this
Agreement, or with any Project Agreement, will have any personal financial interest,
direct or indirect, with contractors or vendors providing professional services on Specific
Projects assigned to the Consultant, except as fully disclosed and approved by the City.
Consultant further covenants that, in the performance of this Agreement, no person
having such conflicting interest shall be employed. Any such interest on the part of
Consultant or its employees must be disclosed in writing to City.
SECTION 30. SURVIVAL OF PROVISIONS
Any terms or conditions of either this Agreement or any subsequent Project
Agreement that require acts beyond the date of the term of this Agreement or any
Project Agreement, including as set forth above, shall survive termination of the
Agreements, shall remain in full force and effect unless and until the terms or conditions
are completed, and shall be fully enforceable by either party.
SECTION 31. SCRUTINIZED COMPANIES
A. Contractor certifies that it and its subcontractors are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City
may immediately terminate this Agreement at its sole option if the Contractor or
its subcontractors are found to have submitted a false certification; or if the
Contractor, or its subcontractors are placed on the Scrutinized Companies that
Boycott Israel List or is engaged in the boycott of Israel during the term of the
Agreement.
B. If this Agreement is for more than one million dollars, the Contractor certifies
that it and its subcontractors are also not on the Scrutinized Companies with
Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or engaged with business operations in Cuba or Syria as
identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City
may immediately terminate this Agreement at its sole option if the Contractor ,
its affiliates, or its subcontractors are found to have submitted a false
certification; or if the Contractor, its affiliates, or its subcontractors are placed on
the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged
with business operations in Cuba or Syria during the term of the Agreement.
C. The Contractor agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Agreement.
D. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize
the above -stated contracting prohibitions then they shall become inoperative.
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SECTION 32. WAIVER
The waiver by either party of any failure on the part of the other party to perform in
accordance with any of the terms or conditions of this Agreement shall not be construed
as a waiver of any future or continuing similar or dissimilar failure. No waiver shall be
effective unless made in writing.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: City, signing by and through
its City Manager, attested to and duly authorized to execute same by the City
Commission of the City of Opa-Locka and by Consultant, by and through its
, attested to and duly authorized to execute same.
FOR CITY:
ATTEST: CITY OF OPA-LOCKA
Joanna Flores
City Clerk
Approved as to form and legal sufficiency
for the use of and reliance by the City
of Opa-Locka only:
City Attorney
Burnadette Norris -Weeks, PA
WITNESSES:
By:
John Pate
City Manager
Dated:
FOR CONSULTANT:
By:
Title:
Print Name Print Name:
Print Name
Dated:
(CORPORATE SEAL)
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EXHIBIT A
EAC CONSULTING INC PROPOSAL DATED August 25, 2020 for Stormwater
Master Plan Phase II for the lump sum amount of $186,309.86
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EXHIBIT B
Resolution 20-
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