HomeMy Public PortalAbout20-9809 M.C. Harry/Historic City HallSponsored by: City Manager
RESOLUTION NO. 20-9809
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, ACCEPTING AUTHORIZING
THE CITY MANAGER TO ACCEPT THE FEE PROPOSAL OF
M.C. HARRY AND ASSOCIATES, INC. TO CONDUCT A
CONDITION ASSESSMENT OF HISTORIC CITY HALL AND
ENTER INTO AN AGREEMENT FOR SAME, IN AN
AMOUNT NOT TO EXCEED FORTY-THREE THOUSAND,
THREE HUNDRED FIFTY DOLLARS ($43,350.00);
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka Community Redevelopment Agency
("OCRA") and the City Commission of the City of Opa-Locka ("City Commission")
have determined that Historic City Hall ("Facility") is an important example of Moorish
architecture as evidenced by its inclusion on the Historic Registry; and
WHEREAS, such architecture was sought to be preserved, protected and
restored through a Historic City Hall Rehabilitation Project ('Project"); and
WHEREAS, during the Rehabilitation Phase II of the Project, the building was
reroofed and structural upgrades along with windows, mechanical and electrical work
were completed; and
WHEREAS, the facility has been unoccupied and abandoned since 2016,
however, the majority of the scope of work for Phase II was completed, the top of the
tower was never installed; and
WHEREAS, as a result, the facility was exposed to bad weather up until such
time as a temporary closure could be installed but damage resulted in the finished work
of the material already installed; and
WHEREAS, the City Commission desires to complete the Historic City Hall
Rehabilitation Project; and
WHEREAS, Staff recommends that a condition assessment report be conducted
to determine how much of the work was completed, how much of the completed work
can remain and how much of the unfinished work needs to be completed; and
Resolution No. 20-9809
WHEREAS, the City Commission further desires to accept the fee proposal of
M.C. Harry and Associates, Inc., the prime Architect and Engineer of record for the
Historic City Hall Rehabilitation Project, attached hereto as Exhibit "A", to conduct the
condition assessment; and
WHEREAS, the Architect and Engineer's recommendations will provide a more
accurate cost estimate to finish this project; 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 M.C. Harry and Associates, Inc., as
attached in Exhibit "B", to conduct a condition assessment of Historic City Hall, in an
amount not to exceed Forty -Three Thousand, Three Hundred Fifty Dollars
($43,350.00).
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
accept the fee proposal of M.C. Harry and Associates, Inc. to conduct an condition
assessment of Historic City Hall and enter into an agreement for same, as attached in
Exhibit "B", in an amount not to exceed Forty -Three Thousand, Three Hundred Fifty
Dollars ($43,350.00).
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 30th day of September 2020.
Matthew A. Pigatt, Mayor
2
Resolution No. 20-9809
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEG L SUFFICIEN
Burnadette Norris-Webks, P.A.
City Attorney
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
Moved by: COMMISSIONER BURKE
Seconded by: VICE MAYOR DAVIS
3
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
dzi, 4,___,..
City
Manager:
John E. Pate
CM Signature:
(/0p
Commission
Meeting
Date:
09/30/2020
Item Type:
(EnterXin box)
Resolution
rdinance
Other
X
Fiscal
Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(EnterX in box)
1n Reading
2nd Reading
x
$43,350.00
Public Hearing:
(EnterXinbox)
Yes
No
Yes
No
X
X
Funding
Source:
Account#:
(Enter Fund & Dept)
Ex:
320-44-541823
Advertising Requirement:
(EnterX in box)
Yes
No
X
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(EnterX in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
•
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
•
•
Image •
IN
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Condition Assessment, Report, and Recommendation to Finish the Historic City Hall Rehabilitation
Project.
Staff Summary:
A Resolution of the City Commission of the City of Opa-locka, Florida, requesting approval for the City Manager
to accept the fee proposal to conduct a condition assessment by MCHarry Associates, which is the prime
Architect and Engineer on record for this project. During the Rehabilitation Phase II, the building was reroofed
and structural upgrades along with windows, mechanical and electrical work has been completed. The facility
has been unoccupied and abandoned since 2016; and although the majority of the scope for Phase II was
completed, the top of the tower was never installed. The facility was exposed to bad weather until a temporary
closure could be installed, but damage occurred to the finished work and the material already installed. This
assessment report will determine how much of the work was completed, how much of the completed work
can remain or be replaced, and how much of the unfinished work need to be completed. The Architect and
Engineer's recommendation will provide a more accurate cost estimate to finish this project.
Financial Impact (FY 20 Budget)
Account
Description
Available
Project
Remaining Balance
44-541823
Historic City Hall
$100,000
$43,350
$56,650
Project costs include $35,850 for MCHarry Associates, $7,150 mold and roof testing and $350 for other
reimbursable expense which may arise.
Proposed Acdon:
Staff recommends approval of this resolution.
Attachment:
1. Agenda
2. Proposal from MCHarry Associates
3. Contract Agreement between the City and MC Harry & Associates
MCHARRYASSOCIATES
CONSULTANT WORK ORDER PROPOSAL
September 11, 2020
City of Opa Locka
780 FISHERMAN STREET, 4TH FLOOR
OPA-LOCKA, FL 33054
Att: Aira Austin
Re: Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal —Unfinished Project - Conditions Assessment / Report and Recommendations
Dear Aira:
Here is our fee proposal for assessing how the current Historic Opa-locka City Building halted
construction project can be completed by a new general contractor. Grace & Naeem Uddin, Inc were the
original contractors for Phase 2A and Phase 2B of the rehabilitation project for the Historic City Hall.
Unfortunately, they were unable to complete the project due to a variety of reasons. The building is
currently unoccupied and although re -roofing and structural upgrades along with windows and some
mechanical and electrical work has been completed, the building did not get the top of the tower installed.
This means that the building is not weather -proofed and water has been getting into the building since
2016. At our site visit to re -acquaint ourselves with the project, we also noted that the new roofing is not
performing as should be expected.
Due to the length of time that building has been exposed to the elements, we will need to review
everything that was installed for all disciplines (architecture, structural, mechanical, electrical and
plumbing) to assess how much of the Construction project was a) completed and b) can remain versus
replaced or completed.
Because of the unknowns, this initial fee is to assess what is there and what we recommend prior to
revising any of our drawings. We recommend that testing for any water intrusion damage (mold and
mildew) be performed along with roof core testing as well and potential termite infestation. Building has
not be weather tight in 4 years.
Once we provide a recommendation report and after acceptance by the city, we will to provide a fee
proposal to revise our construction documents, re -permit the project (city and county), re -bid and
construction administration along with a construction cost estimate.
SCOPE OF WORK
The Phase 1 work shall be organized in two (2) tasks.
Task 1 Conditions Assessment
Task 2 Report & Recommendations
Task 1 — Conditions Assessment Site Work
MC Harry will conduct a conditions assessment survey of the property. We will inspect & identify
damaged areas as well as document existing conditions. Recognition and determination of deteriorated
portions of the building that may need to be protected. Recommend measures including structural
reinforcement, weatherization, or correction of unsafe conditions. We will provide all services necessary
to;
1. Provide an on -site team of architects and engineers to investigate, and obtain detailed
information regarding the existing conditions of the building and property including:
a. Existing Site Features
AAC000986 ARCHITECTURE. PLANNING. INTERIORS
2780 S.W. DOUGLAS ROAD, SUITE 302, MIAMI, FLORIDA 33133. VOICE 305.445.3765. FAX. 305.446.98
September 11, 2020
Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal — Unfinished Project- Conditions Assessment / Report and Recommendations
Page 2
b. Exterior Building walls: Conduct assessment of historic (new work and unfinished work)
features to include: Foundations, Exterior Walls and Wood elements, Stucco, (Faux
Brick/ Stone), Porches, Railings
c. Roofing areas and associated RWL drainage systems - what is the current condition and
is it viable to remain or must it be redone.
d. Exterior Windows - installation and attachment
e. Exterior Doors - installation and attachment
f. Exterior features (Minarets, domes, porches, decorative features
g. Interior Finishes: Conduct in depth and detailed assessment of historic features to
including inspection of Moisture, Fungal and insect infestation.
h. Structural Condition of completed work and what may still need to be completed
i. Structural conditions of the Tower and special features and steel elements.
j. Elevator
k. Mechanical and Plumbing Systems
I. Electrical Systems.
m. Review any construction items on site not installed that belong to the city and may be
reused or not.
2. We will arrange for, and retain consultant to provide a new Environmental Assessment for
presence of Mold and Air quality and termite. This task will be completed and paid for as a
reimbursable expense. See Reimbursable Expense Allowance Below.
3. We will arrange for the specialized services of roofing tests. These direct costs will be presented
and invoiced to the City as a reimbursable expense. See Reimbursable Expense Allowance
Below.
Fee/Compensation: $14, 120
Task 2 — Report & Recommendations
Once the conditions assessment is completed, MCHarry will evaluate all of the data and information
obtained, and will prepare a formal Report and Recommendations document. MCHarry will:
1. Provide recommendations of what can remain and what needs to be removed. Provide building
code analysis and implications on the completion of project. Original drawings were designed to
meet Florida Building Code 2010. On January 1, 2021, a new building code will take effect.
Changes in the code will need to be reviewed against original construction drawings scope.
2. Prepare preliminary cost estimates of the completion of the restoration of historic City Hall;
3. Meet with the City to review and discuss the intended recommendations; and cost estimate
implications.
Deliverables for this Task
Formal Report and Recommendations with preliminary cost estimate.
Fee/Compensation: $21,730
SUB -CONSULTANTS
The below listed Sub -Consultants will assist in the performance of the Work. These are the same sub -
consultants for the permitted drawings. .
Sub -Consultant Name
Specialty or Expertise
Bliss & Nyitray, Inc.
Structural Engineering
September 11, 2020
Rehabilitation of Historic Opa-Locka City Hall Building
AE Fee Proposal — Unfinished Project- Conditions Assessment / Report and Recommendations
Page 3
SDM Consulting Engineers
MEP Engineering
I. SCHEDULE OF WORK — TIME OF PERFORMANCE
SCHEDULE
Task
Major Task, Sub -Task, Activity, or Deliverable
Duration
Delivery Date*
(calendar days)
0
Mobilization
15 days
NTP + 15
1
Conditions Assessment Site Work
15 days
NTP + 30
2
Issue Report & Recommendations
30 days
NTP + 60
* An updated schedule, indicating actual delivery dates, based on the above durations, will be provided to
the City upon receipt of the NTP.
II. COMPENSATION
Consultant shall perform the Work detailed in this Proposal for a Total Compensation Not to Exceed
$43,000. Said compensation includes fees for professional services; direct costs associated with;
specialized material testing as outlined above.
PROFESSIONAL SERVICES
SCHEDULE OF FEES / COMPENSATION. Compensation shall be invoiced to the City monthly in
proportion to the tasks completed, such that the following costs per task shall not be exceeded:
Task 1 CONDITIONS ASSESSMENT $ 14,120
Task 2 REPORT AND RECOMMENDATIONS $ 21,730
Total Lump Sum Fee for Professional Services: $ 35,850
REIMBURSABLE EXPENSE
Reimbursable Expense Allowance (Not to Exceed):
$ 7,500
Allowance for Reimbursable Expenses: We recommend that this contract provide for an initial allowance
of $7,500 for the cost of direct expenses required in connection with the Work, Said Reimbursable
Expenses shall be billed at the actual 'COST' incurred with receipts presented plus a markup of 10%.
1. Environment testing Consultant
2. Direct Cost for obtaining roof cores to determine condition of roofing system.
3. Printing of documents provided to the City
4. Regulatory fees, if any
5. Expenses paid on behalf of the City related to this project.
Submitted by:
Lourdes Solera, FAIVfnci
Accepted by:
Aira Austin, City of Opa-lock
CITY OF OPA- LOCKA CITY HISTORIC CITY HALL
FEE PROPOSAL - ASSESSMENT & RECOMMENDATIONS - UNFINISHED PROJECT
9/11/2020
MCHarry Associates, Inc.
2780 SW Douglas Road
Miami, Florida 33133
305-445-3765
TASK DESCRIPTION
LABOR FEE
REIMB.
COSTS
NOTES / REMARKS
1
CONDITIONS ASSESSMENT
Site Inspections, identification of damaged areas, documentation of existing conditions and restoration needed. Staff
and equipment to site to investigate & assess existing conditions; included limited removal for testing & investigations
TOTAL HOURS PER PHASE
138
TOTAL FEE PER PHASE
$ 14,120
2
REPORT AND RECOMMENDATIONS
Code Analysis / Impact on Restoration
$ 4,360
Prepare Cost Estimates
$ 4,070
Develop Report and Recommendations
$ 12,060
Prepare and Present to City & HP Board
$ 1,240
[task removed - see additional services]
TOTAL HOURS PER PHASE
178
TOTAL FEE PER PHASE
$ 21,730
316
TOTAL PROJECT HOURS
$ 35,850
TOTAL LUMP SUM FEE
4
REIMBURSABLE EXPENSE ALLOWANCES
[Billed at actual cost + 10%]
Mold Testing Consultant
$ 5,500
Roofing Testing
$ 1,650
TOTAL ALLOWANCE
7,150
CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
MC HARRY AND ASSOCIATES, INC
FOR
CONDITION ASSESSMENT, REPORT & RECOMMENDATION
TO THE HISTORIC CITY HALL BUILDING
Page 1 of 17
AGREEMENT
THIS IS AN AGREEMENT dated the Day of November, 2020, between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY,"
and
MC HARRY AND ASSOCIATES
A licensed Company, authorized to do business in the State of Florida,
hereinafter "CONSULTANT".
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set
forth, CITY and CONSULTANT agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to generally
express the objectives, and intentions, of the respective parties herein, the following statements,
representations and explanations shall be accepted as predicates for the undertakings and commitments
included within the provisions which follow and may be relied upon by the parties as essential elements
of the mutual considerations upon which this Agreement is based.
1.1
On September 30, 2020, the CITY authorized the proper CITY officials to enter into an
agreement with CONSULTANT to render the services more particularly described herein
below.
ARTICLE 2
SCOPE OF WORK
Page 2 of 17
2.1 The CONSULTANT shall furnish all of the materials, equipment, tools, supplies, and labor
necessary to perform all of the work described in accordance with Fee Proposal dated
September 11, 2020. A copy of the Proposals are attached hereto and specifically made a part
of this Agreement as Composite "Exhibit A" and the Resolution package is also attached as
Composite "Exhibit B".
2.2 CONSULTANT hereby represents to CITY, with full knowledge that CITY is relying upon these
representations when entering into this Agreement with CONSULTANT, that CONSULTANT
has the professional expertise, experience and manpower to perform the services to be provided
by CONSULTANT pursuant to the terms of this Agreement.
2.3 CONSULTANT assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with recognized professional standards for
specified services. If within One (1) Year following completion of its services, such services fail
to meet the aforesaid standards, and the CITY promptly advises CONSULTANT,
CONSULTANT agrees to re -perform such deficient services without charge to the CITY.
ARTICLE 3
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
3.1 The CONSULTANT shall commence work to be performed under this Agreement upon full
execution of Contract. CONSULTANT shall complete all work in a timely manner
substantially by ninety days (90) after full execution of contract date, and final completion
will be thirty days (30) after substantial completion date. Should there be any delay in
issuance of permit by the jurisdictional authorities completion time will be adjusted accordingly.
3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion
approved by CITY in advance, in writing, will not constitute a delay by CONSULTANT.
Furthermore, a delay due to an Act of God, fire, lockout, stake or labor dispute, riot or civil
commotion, act of public enemy or other cause beyond the control of CONSULTANT shall
extend this Agreement for a period equal to such delay and during this period such delay shall
not constitute a delay by CONSULTANT for which liquidated damages are due.
3.3 Consultant's failure to perform the work specified in Exhibit "A" shall result in Consultant being
required to pay liquidated damages in the Amount of One Thousand Dollars and Zero Cents
($1,000.00) per day for each unexcused day after the completion date set forth in Section 3.1
above.
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONSULTANT for the faithful performance of this Agreement,
$43,350.00 for work to be completed in accordance with the "Proposal" submitted by
CONSULTANT. Itemized prices for work completed by the CONSULTANT shall be as
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reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof as
Exhibit "A", with no change in the price shown. A total contract price hereto is referred to as
Contract Sum and shall be Forty Three Thousand Three Hundred Fifty Dollars.
4.2 Notwithstanding any other provision of this contract, the CONSULTANT shall guarantee all
portions of the Project against poor workmanship and faulty materials for a period of one (1) year
after final completion certificate and retainage payment, and shall correct within fourteen
business days (14) any defects which may appear during this period upon notification by CITY.
This provision shall in no way affect the manufacturing warranty for repair or replacement.
4.3 The making and acceptance of the final payment shall constitute a waiver of all claims by
CONSULTANT except those previously made and still unsettled.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted by the Consultant to the Owner in the
Standard American Institute of Architects' Forms (AIA) G701, G702, and G703, and upon
Project Applications and Certificates for Payment issued by the Owner, the Owner shall make
progress payments on account of the Contract Sum to the Consultant as provided below and
elsewhere in the Contract Documents.
5.2 The period covered by each Application for Payment shall be one calendar month ending on
the last day of the month, or as follows:
5.2.1. The City is under a declared State of Financial Emergency pursuant to Section
218.503, Florida Statutes. As a result, the parties to this Agreement acknowledge
that all invoices presented for payment shall be reviewed and approved by the State
of Florida prior to payment and that the City is therefore unable to comply with the
Florida Local Government Prompt Payment Act.
5.2.2. Each Application for Payment shall be based upon the Schedule of Values submitted
by the Consultant in accordance with the Contract Documents. The Schedule of
Values shall allocate the entire Contract Sum among the various portions of the
Work and be prepared in such form and supported by such data to substantiate its
accuracy as the Owner may require. This schedule, unless objected to by the Owner,
shall be used as a basis for reviewing the Consultant's Applications for Payment.
5.2.3. Applications for Payment shall indicate the percentage of completion of each portion
of the Work as of the end of the period covered by the Application for Payment.
5.2.4. Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work as
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determined by multiplying the percentage completion of each portion of the
Work by the share of the total Contract Sum allocated to that portion of the
Work in the Schedule of Values, less retainage of Ten percent (10%). Pending
fmal determination of cost to the Owner of changes in the Work, amounts not
in dispute may be included in applications for Payment. The amount of credit
to be allowed by the Consultant to the Owner for a deletion or change which
results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Construction Manager. When both additions and credits
covering related Work or substitutions are involved in a change the allowance
for overhead and profit shall be figured on the basis of net increase, if any, with
respect to that change.
5.2.4.2 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and material suitably stored at the site for subsequent
incorporation in the completed construction or, if approved in advance by the
Owner, material suitably stored off the site at a location agreed upon in writing,
less retainage of ten percent (10%).
5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and subtract
amounts, if any, for which the Construction Manager has withheld or nullified
a Certificate for Payment.
5.3 Each Application for Payment submitted by the Consultant to the Owner shall include Partial
Release of lien from his company and each subConsultant for labor, equipment, services or
materials described in the Application for Payment.
5.4 The progress payment amount determined in accordance with the above shall be further
modified under the following circumstances:
5.4.1 Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to Ninety percent (90%) of the Contract Sum,
less such amounts as the Construction Manager recommends and the
Owner determines for incomplete Work and unsettled claims; and
5.5 Reduction or limitation of retainage, if any, shall be as follows: None
ARTICLE 6
FINAL PAYMENT
6.1 Final Payment, constituting the entire unpaid balance of the Contract Sum, shall be made by
the Owner to the Consultant when:
(a) The Contract has been fully performed by the Consultant upon the Consultant 's
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fulfilled responsibility to correct nonconforming Work and to satisfy other
requirements, if any, which necessarily survive final payment, and
(b) The Consultant has furnished the City with Final Release of Lien from his own
company and from each subConsultant for labor, equipment, services or materials
described in the Final Application for Payment, and
(c) A final Project Certificate for Payment has been issued by the City upon the
Architect/Engineer of records final completion Certificate, and
(d) The Consultant has met all provisions of the reporting requirements of grants if the
project is funded by grant money; such final payment shall be made by the Owner not
more than 20 days after the issuance of the final Project Certificate for Payment.
ARTICLE 7
CONSULTANT 'S LIABILITY INSURANCE
7.1 The CONSULTANT shall not commence work under this contract until it has obtained all
insurance required under this Article and such insurance has been approved by the CITY nor
shall the CONSULTANT allow any SubConsultant , if applicable, to commence work on a sub-
contract until all similar such insurance required of the subConsultant has been obtained and
approved.
7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the
City prior to the commencement of the work. These Certificates shall contain a provision that
coverage afforded under these policies will not be canceled until at least thirty days (30) prior
written notice has been given to the CITY. Policies shall be issued by companies authorized to
do business under the laws of the State of Florida.
7.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide",
published by A.M. Best Guide.
7.4 Insurance shall be in force until all work required to be performed under the terms of the Contract
is satisfactorily completed as set forth in the Architect/Engineer of Records' Final Completion
Certificate and the Certificate of Occupancy (C.O.) as evidenced by the formal acceptance by the
CITY. In the event the insurance certificate provided indicates that the insurance shall terminate
and lapse during the period of this contract, then in that event, the CONSULTANT shall furnish,
at least three (3) days prior to the expiration of the date of such insurance, a renewed certificate
of insurance as proof that equal and like coverage for the balance of the period of the contract
and extension there under is in effect. The CONSULTANT shall not continue to work pursuant
to this contract unless all required insurance remains in full force and effect.
7.5 Consultant's Insurance Coverage shall include General Liability, Automobile Liability,
Professional Liability and Worker's Compensation and Employer's Liability:
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(a) Workers' Compensation Insurance — as required by law;
(b) Employer's Liability Insurance - as required by law;
(c) Automobile Liability Insurance — the minimum limit of coverage shall be $1,000,000
per occurrence, combined single limit for Bodily Injury Liability and Property Damage
Liability
(d) Personal Injury in the minimum amounts of $1,000.000 for combined Bodily Injury and
Property Damage.
(e) Professional Liability Insurance: minimum coverage shall be $1,000,000.00 with
deductible or self -insured retention (SIR) indicated.
7.6 The CONSULTANT shall hold the CITY, its agents, and employees, harmless on account of
claims for damages to persons, property or premises arising out of the operations to
complete this Agreement and name the CITY as additional insured under their policy.
7.7 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures, following discussion and confirmation of the same with the
Consultant.
ARTICLE 8
PROTECTION OF PROPERTY
8.1 At all times during the performance of this Contract, the CONSULTANT shall protect the
CITY's property and properties adjoining the Project site from all damage whatsoever.
ARTICLE 9
CONSULTANT 'S INDEMNIFICATION
9.1 The CONSULTANT agrees to release the CITY from and against any and all liability and
responsibility in connection with the above mentioned matters and with the work being
performed by Consultant. The CONSULTANT further agrees not to sue or seek any money or
damages from CITY in connection with the above mentioned matters.
9.2 The CONSULTANT agrees to indemnify and hold harmless the CITY, its trustees, elected and
appointed officers, agents, servants and employees, from and against any and all claims,
demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs,
expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained
by the CITY or any third party arising out of, or by reason of or resulting from the
CONSULTANT 's negligent acts, errors, or omissions.
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9.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its agents,
officers, or employees, such liability shall be limited to the extent and limit provided in 768.28,
Florida Statutes. This provision shall not be construed as a waiver of any right or defense that
the City may possess. The City specifically reserves all rights as against any and all claims
that may be brought.
ARTICLE 10
INDEPENDENT CONSULTANT
10.1 This Agreement does not create an employee/employer relationship between the parties. It is the
intent of the parties that the CONSULTANT is an independent Consultant under this Agreement
and not the CITY's employee for any purposes, including but not limited to, the application of
the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment
insurance law and similar laws. The CONSULTANT shall retain sole and absolute discretion in
the judgment of the manner and means of carrying out the CONSULTANT's activities and
responsibilities hereunder provided. This Agreement shall not be construed as creating any joint
employment relationship between the CONSULTANT and the CITY and the CITY will not be
liable for any obligation incurred by CONSULTANT, including but not limited to unpaid
minimum wages and/or overtime premiums.
ARTICLE 11
CONTRACT BOND
ARTICLE 12
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
12.1 CITY or CONSULTANT may request changes that would increase decrease or otherwise modify
the Scope of Services/Basic Services to be provided under this Agreement as described in Article
2 of this Agreement. Such changes or additional services must be in accordance with the
provisions ofthe Code of Ordinances ofthe CITY and must be contained in awritten amendment,
executed by the parties hereto, with the same formality and with equality and dignity prior to any
deviation from the terms of this Agreement, including the initiation of any additional or extra
work. Each amendment shall at a minimum include the following information on each project:
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DATE
PROJECT NAME
PROJECT COST
CHANGES DESCRIPTION
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT
ESTIMATED PROJECT COMPLETION DATE
ARCHITECT/ENGINEER OF RECORD'S APPROVAL
12.2 In no event will the CONSULTANT be compensated for, nor will the City request for any work
which has not been described in a separate written agreement executed by the parties hereto.
ARTICLE 13
TERM AND TERMINATION
13.1 This Agreement may be terminated by either party for cause, or the CITY for convenience, upon
thirty (30) days written notice by the CITY to CONSULTANT in which event the
CONSULTANT shall be paid its compensation for services performed to termination date. In
the event that the CONSULTANT abandons this Agreement or causes it to be terminated, he
shall indemnify the CITY against any loss pertaining to this termination up to a maximum of the
full contracted fee amount. All finished or unfinished documents, data, studies, plans, surveys,
and reports prepared by CONSULTANT shall become the property of CITY and shall be
delivered by CONSULTANT to CITY.
13.2 This Agreement shall take effect as of the date of execution as shown herein below and continue
for such time as is contemplated by the Agreement.
ARTICLE 14
CONTRACT DOCUMENTS
14.1 CONSULTANT and CITY hereby agree that the following Contract Documents, made a part of
this Agreement, as if written herein word for word: This Agreement; Proposals as set forth in
Exhibit "A" and City's Resolution in Exhibit "B".
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ARTICLE 15
MISCELLANEOUS
15.1 Legal Representation:
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be
interpreted strictly against the party preparing same shall not apply due to the joint contribution
of both parties.
15.2 Assignments:
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered, under any circumstances, by CONSULTANT without the prior written consent of
CITY. For purposes of this Agreement, any change of ownership of CONSULTANT shall
constitute an assignment which requires CITY approval. However, this Agreement shall run to
the CITY and its successors and assigns.
15.3 Records:
CONSULTANT shall keep the as -built drawings, the shop -drawings, books and records and
require any and all subConsultant s to keep books and records as may be necessary in order to
record complete and correct entries as to personnel hours charged to this engagement, and any
expenses for which CONSULTANT expects to be reimbursed, if applicable. Such books and
records will be available at all reasonable times for examination and audit by CITY and shall be
kept for a period of three (3) years after the completion of all work to be performed pursuant to
this Agreement, or for such longer period as is required by law. Incomplete or incorrect entries
in such books and records will be grounds for disallowance by CITY of any fees or expenses
based upon such entries.
15.4 Ownership of Documents:
Reports, surveys, plans, calculations, shop -drawings studies and other data provided in
connection with this Agreement are and shall remain the property of City.
15.5 No Contingent Fees:
CONSULTANT warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the 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. For the breach or violation of this provision, the CITY shall have the right to
terminate the Agreement without liability at its discretion, to deduct from the contract price, or
otherwise recover the full amount of such fee, commission, percentage, gift or consideration.
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15.6 Notice:
Whenever any party desires to give notice unto any other party, it must be given by written notice,
sent by registered United States mail, with return receipt requested, addressed to the party for
whom it is intended and the remaining party, at the places last specified, and the places for giving
of notice shall remain such until they shall have been changed by written notice in compliance
with the provisions ofthis section. For the present, the CONSULTANT and the CITY designate
the following as the respective places for giving of notice:
CITY:
COPY TO:
John E. Pate, City Manager
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
Burnadette Norris -Weeks, City Attorney
401 NW 7th Avenue
Fort Lauderdale, FL 33311
COPY TO: Airia Austin, CIP Director
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
CONSULTANT:
15.7 Binding Authority:
Each person signing this Agreement on behalf of either party individually warrants that he or
she has full legal power to execute this Agreement on behalf of the party for whom he or she is
signing, and to bind and obligate such party with respect to all provisions contained in this
Agreement.
15.8 Exhibits:
Each Exhibit referred to in this Agreement forms an essential part ofthis Agreement. The exhibits
if not physically attached should be treated as part of this Agreement and are incorporated herein
by reference.
15.9 Headings:
Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
15.10 Severability:
If any provision of this Agreement or application thereof to any person or situation shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of
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such provisions to persons or situations other than those as to which it shall have been held invalid
or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be
enforced to the fullest extent permitted by law.
15.11 Governing Law:
This Agreement shall be governed by the laws of the State of Florida with venue lying in Miami -
Dade County, Florida.
15.12 Disputes:
Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in
the Eleventh Judicial Circuit Court in and for Miami -Dade County.
15.13 Attorney's Fees:
To the extent authorized by law, in the event that either party brings suit for enforcement of this
Agreement, the prevailing party shall be entitled to attomey's fees and court costs in addition to
any other remedy afforded by law.
15.14 Extent of Agreement:
This Agreement, together with all contract documents, and all exhibits hereto or to the contract
documents, represents the entire and integrated agreement between the CITY and the
CONSULTANT and supersedes all prior negotiations, representations or agreements, either
written or oral
15.15 Waiver:
Failure of the CITY to insist upon strict performance of any provision or condition of this
Agreement, or to execute any right there in contained, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall remain
in full force and effect.
15.16 Equal Opportunity Employment:
CONSULTANT agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age, national
origin, or disability and will take affirmative steps to ensure that applicants are employed and
employees are treated, during employment, without regard to race, color, religion, sex, age,
national origin or disability. This provision shall include, but not be limited to, the following:
employment upgrading, demotion or transfer; recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeships.
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ARTICLE 16
NOTICE TO PROCEED
The CONSULTANT shall commence work within five (5) working days from the date of the Notice
to Proceed (NTP) following the issuance of approved permit by jurisdictional authorities,
whichever comes earlier. No work shall begin without NTP. Residents must be given at least 48
hour -notice to commence construction at the site.
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first
written above.
CITY OF OPA-LOCKA
ATTEST:
BY:
Joanna Flores, CMC John E. Pate
City Clerk City Manager
APPROVED AS TO FORM:
Burnadette Norris -Weeks, P.A. City Attorney
MC HARRY AND ASSOCIATES, INC
ATTEST:
Authorized Representative (Name) (Signature)
WITNESSES:
(Name) (Signature)
(Name) (Signature)
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STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personally appeared as , of
, a Florida corporation, and acknowledged executed the
foregoing Agreement as the proper official of for the use
and purposes mentioned in it and affixed the official seal of the corporation, and that the
instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this day of , 2020.
NOTARY PUBLIC
My Commission Expires:
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See attached document for Exhibit "A"
PROPOSAL:
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See attached document for Exhibit "B"
CITY'S RESOLUTION No. 20-
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